Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-11-25
alexandria Canal Aqneduct.


and the lessees Of the Aqueduct Bridge, after
explaining the act Of incorporation passed by
Congress May &c, 1880, proceeds as follows:
Your orator further showeth, that the ter
mination Of said Chesapeake and Ohio canal was
at the time of the passage of said act and the
erection of said aqueduct, at or near Seventeenth
street, in the city Of Washington, and ii the
said aqueduct had been erected SO as to connect
with the said Chesapeake and Ohio canal at its
termination, or between said termination and
any point which is more than a quarter OF a
mile south of the present aqueduct the said
Alexandria Canal Company would have effect,
ually closed the harbor Of Georgetown to all
sailing vessels and all steamers save the smallest
steam tugs.
'tYour orator is advised and charges that,
looking to the relative geographical position OF
Georgetown, and the termination of the said
Chesapeake and Ohio canal, it never was the in
tention of Congress, by said charter of Goth OF
May, 1880, to authorize said Alexandria Canal
Company arbitrarily to locate said aqueduct at
any point, which would injuriously affect the
interest and trade OF the people Of Georgetown,
and Of the riparian proprletorss, along the banks
OF said Potomac river especially when the same
could be located hi her up said Potomac river,
SO as to secure to said Alexandria Canal Com
pany all the benefits and advantages which
could be derived to them from the present 10
| cation Of said aqueduct But assuming that
there was authority under said act OF Congress
to construct an aqueduct, which will hereafter
| be denied, yet your orator charges that 1T was
| the duty of said Alexandria Canal Company, to
have erected the same at such point as would
infct the least possible injury to the great and
growing interest of the people Of Georgetown,
and OF the riparian proprietors owning property
on said river above Georgetown, as well as to
| the public, and tree navigation Of said river i;
| but on the contrary, the said Alexandria Canal
| Company did place and erect it's said aqueduct
| directly in front of said town, and within the
port thereof, and in such manner, as to lnfilct
great and unnecessary injury on all the interests
| of trade and the public rights on SAID river,
| which said river, your orator AYERS, from ITS
| mouth and for distance of nearly three miles
above said aqueduct, was and Is an ancient,
| navigable public river and common highway,
| free to be used and navigated by all citizens OF
the United States
our orator further showeth that nature
has, for own bcDeGcent purposes, supplied,
| remarkable depth Of water for some miles
above said auueduct, the channel ranging from
eighty to forty feet, and being navigable for
sailing vessels of large draft for, certainly, more
than two miles above the site of said aqueduct,
that, in fact, sail vessels Of large size and some
ofthcm ea-going, we're, during many years
before the erection Of said aqueduct, engaged
in navigating the said river above the site OF
| said aqueduct, some of them for the purpose OF
supplying materials, to and shipping heavy
cannon from, what was known as Mason
foundry, situated on the site Of your orator
-four mill hereinafter decrlbed, while other OF
said vessels were engaged in the transportation
of building stones for the fortress at the Kip
Raps," and other places large and valuable
quarries ofwbich stone are located on the banks
of said river some miles above said aqucduct
and at points perfectly accessible to large yes
sells
The bill then goes on to state that the Alex
andria Canal Company could, at comparative
little expense, have constructed an aqueduct,
by throwing Sing arch across the Potomac,
little south or north of the Chain Bridge,
whore navigation terminates, which would have
enabled the company more economically to
have tapped the Chesapeake and Ohio canal,
by which the company would have accom-;
plished the object for which it was chartered
have done by their existing aqueduct. Apart
from the aQueduct, Mr.. Shoemaker afflrms
that the outlet locks at Rock creek afford all
the desired means for loading boats with coal
or other products in the Potomac, when they
could be tugged to Alexandria at a great deal
less cost, and with greater dispatch, than by
way of the canal over the aqueduct. The bill
then says:
'But in case your honorable court should be
of the opinion that it was competent for said
Alexandria Canal Company to construct an
aqucduct across said river at any point above
the then astual terminus Of said Chesapeake
and Ohio canal in their discretion, then your
orator charges that it was the duty Of said
canal company to have exercised such dlscre-
tionary power in good faith and with due regard
to the great and important rights of navigation;
but your orator AYERS that the directors of said
canal company being controlled by the corporate
authorities OF Alexandria, which owned a
majority of the stock in said company, and
being identified with the interests of its trade
and commerce, did illegally and fraud uently
cause the said aqueduct to be erected where it
now stands, in gross abuse Of the powers en-
trusted to them by Congress, and by and
through the unlawful purpose of injuring the
trade and commerce Of the rival town of
Georgetown, did obstruct its port by said aquc-
duct, which is permanent, common nuisance,
thus preventing oil Navigation by sailing yes
sells and steamers of ordinary size above the
site of said aqucduct. y
The bill of grievances then goes on to speak
of the limited wharfage for coastwise vessels,
many Of which are compelled to lay out in the
stream for days, which would not be the case
we're they enabled to 90 above the aqueduct,
where coal wbarves could be erected alongside
the canal Mr. S. further says:
And your orator further AYERS, that said
Alexandria capal never was any public benefit,
justifying the obstruction of said river as afore
said, and it is not now and never can be pub
lie benefit, but all the interests of the public
demand its abatement as a nuisance.
"Your orator further showeth, that he is the
equitable owner in possession Of large and
valuable -four mill, situated about half a milo
above said aqueduct on the north bank Of the
bok1 Il Il ~