[WISCONSIN RIVERS
! j ;
IMPROVEMENT
yiFISSING I
LAKE jJ
mB
Sauk St£-
EaiiroafLs Constructed
<1? in Progress
Steam&oai
15<o
tiawano
@&ontD
s Pre scott
>rowii
6000
sbr
tyris litnguslittL
WT Kewaunee
reek Bay ° J
LSIMCOi
arris
ihinitajoa
TOKONTV
Syracuse
Water*
hVFFALO
D nbu/}
WaltnsA
lHUDSOJS
Council
Bluff o|
Sandusky Cily
NEWYORK
J. Hansen fteeAinan &17' HY
LIBRARY
HE395
1
BSHRSAU OF RAILWAY ECONOMICS. W6W4"
WASHINGTON, D C
^VY*\jUo * U
k^t f 11
R E P 0 R T
of
C. D. WESTBROOK, JR.
G
December 1, 185 4.
1
Kingston, 1ST. Y., December 1st, 1854.
Isaac Seymour and "William J. Averell, Esqs., Trustees of the mortgage
bonds of the Fox and Wisconsin Improvement Company:
Gentlemen :—At your request, I have again visited
(Wjsconsin^With a view to examine and report in relation to
the conditions and prospects of the work in which you are
interested. At a former period, I was employed by you to
investigate the character of the security which it offered for
the negotiation of a loan. The examination then made was
conducted wholly in view of the purpose for which it was
designed, and the report then made did not attempt full
justice to the scope and character of the completed work.
The expiration of another year has again devolved upon
the company the duty of presenting an annual statement of
their affairs. This statement you have desired me to incor¬
porate into this report. You have also requested meto em¬
brace substantially the same matters heretofore presented.
It is proper for me to add, that my present duties have
necessarily enlarged the view formerly taken of the improve¬
ment, inasmuch as it was then incumbent upon me to dis>
pense with all hypothetical matter in estimating its security
for a loan, while I may now take into consideration many
1 ments which, though incapable of accurate appreciation,
will yet be embraced in its future operations.
1
2
With these preliminary remarks, you will allow me to
state, that
THE DESIGN OF THE WORK
is to improve the Fox and Wisconsin Rivers, and to connect
the two by a canal. By legislative enactment, this must be
done u so as to enable boats, with a draft of two feet and a
breadth of thirty feet, during ordinary stages of low water, to
pass with facility from Green Bay into the Wisconsin River
The Wisconsin River, flowing in a south-westerly direction
and emptying into the Mississippi, and the Fox River, run¬
ning north-easterly into Green Bay of Lake Michigan, ap¬
proach within one and a quarter miles of eaeli other in the
central part of the State of Wisconsin. At this point, the
former has gathered its volume of waters during a course of
400 miles, and the latter through a course of 25 miles. A
low strip of prairie land alone separates the respective streams,
which is flooded by the high water of the Wisconsin.
Through this strip of prairie, a canal of two miles in length
is cut between the two streams, with a guard lock at its en¬
trance from the Wisconsin, and a lock of four feet descent
at its opening into the Fox. Portage City and Fort Winne
bago mark the respective points on the two streams where
they are connected by the canal.
The improvement embraces the Wisconsin River from the
Mississippi to Portage City, a distance of 137 miles, the canal
already described, and the Fox River from Fort Winnebago
to Green Bay, a farther distance of 190 miles.
THE WISCONSIN RIVER.
In the absence of more exact measurements of the volume
of water discharged by this stream, an approximate idea of
its quantity may be formed, where it passes through walls of
perpendicular rock, 23 miles above Portage City.f " Here
the river is diminished in width to 54 feet at its narrowest
* Act incorporating the Fox and Wisconsin Imp. Co.
f Wm. L. DSwitt's Survey and Report to Board of Public Works, January
5th, 1852.
point, and deepened to about 40 feet at low and 60 feet at
high water, with a velocity in its current of 150 feet to the
minute. This would give an ordinary discharge of 324,000
cubic feet per minute, or 19,440,000 cubic feet per hour.*
Its quantity, however, must be enormously augmented dur¬
ing the melting of the snows, in the great basin of its upper
waters, which comprise the elevated lands dividing the
drainage of Lake Superior and the Mississippi.
"The descent of its bed from Portage City to the Mississippi
is f l31 feet, or as one in 5,519 feet. This rate of descent
places the Wisconsin River within the category of those
capable of affording a barge navigation without the inter¬
vention of slack water improvements.
J" Its current is about three or four miles to the hour, with
not less than 2 1-2 feet of water in its lowest stages. The
difficulties in its navigation were originally, and still exist to
a considerable extent, in the spreading of its current into nu¬
merous channels and sloughs, interspersed with sand bars;
* The discharge of the Ohio River at Wheeling, with a depth of water on
its bar of 2.20 feet, is 12,338,000 cubic feet per hour. With a depth of 31.25
feet, the discharge was 758,300,000 cubic feet per hour: proportion as 1 to 61.
—Ellit's Mississippi and Ohio Rivers.
The extreme ranges in the quantity of high and low water at this point is
much greater.
I Obtained from levels run for the Milwaukie and Lacrosse, and Milwaukie
and Mississippi railroads. It is proper to add that another elevation, probably
barometrical, of the mouth of the Wisconsin, (Silliman's American Journal of
Science, vol. 46, p. 251,) would reduce this descent to 1 in 8,315 feet.
The descent of the Mississippi, between St. Louis and the
mouth of the Ohio, in a distance of 180 miles, is 143 1-2
feet, or as 1 in 6,658 feet.
Ohio River, from Pittsburgh to Wheeling, descends 1 in 5,881 do.
Great Kanawha River, from Loup Creek shoals]to its
mouth, descends 1 in 5,452 do.
Wabash River, from Little River to its mouth, descends 1 in 5,139 do.
Alleghany River, from Olean Point to Pittsburgh, descends 1 in 1,875 do.
Rhine River, below Strasburg, descends 1 in 2,640 do.
Rhone River descends 1 in 1,500 do. 1
A steamboat has ascended the Alleghany River as far as
Olean Point, overcoming in some places a slope of
nearly 5 feet to the mile, or as 1 in 1,056 do.
\ C. R. Alton's (Chief Engineer,) Report to Board of Public Works, Janu¬
ary, 1st., 1850.
4
to these may be added, snags and horizontal trees that pro
ject in many cases over the channel."
This river has been regularly navigated by steamboats,,
running also on the Mississippi, from Galena to Portage City,
It has also been navigated by steamboats of a light draft, to
Whitney's Rapids, a distance of 70 miles above Portage
City.
THE PLAN OF ITS IMPROVEMENT
has been to contract its channel, by the projection of wing
dams, cutting off its surplus channels, chopping off the over¬
hanging timber, and the removal of snags. Upon this plan
there has been an expenditure of $25,000. It is thought by
the company that nothing more is necessary to preserve and
deepen its channel, than the regular passage of steamboats.
In regard to this matter, permit me to make a few sugges¬
tions. It seems that a sufficient supply of water for steam¬
boat navigation is had in this stream, excepting from the
middle of August to the latter part of October, wdien, in com¬
mon with all Western rivers, so many interruptions exist
precisely at the very period when their services are most
needed, that they fail to meet the wants of the growing
West* and are superseded to a considerable extent by rail¬
road transportation. AYith many of these rivers, owing to
the occupancy of the public lands, which once were in the
same state of nature as those now upon the upper sources
of the Wisconsin, the remedy which I suggest, for the low
water of that stream, (the efficacy and simplicity of which
has been determined by abler investigations than my own,)
would, in their case, be difficult and expensive, and it may
be, in many instances, hardly warrantable.
That remedy is the location of a dam upon the upper
waters of the Wisconsin, where the public lands have not as
yet been brought into market, that will create a reservoir in
which a sufficient quantity may be stored up from the high
water in the spring of the }Tear, to maintain an equable
supply throughout the dry season sufficient for the uninter¬
rupted navigation of the stream. Assuming this extra sup-
5
pij to average 100,000 cubic feet per minute, a dam 20 feet
in height, flowing 100 square miles, would be sufficient. The
cost of such a structure, in comparison with its results,* would
be too insignificant to require an estimate of its probable
amount, until it is determined by actual survey.
7 «y fj
The shifting of sand bars, which now form the principal
difficulty in the navigation of the Wisconsin, would also be
prevented by maintaining an equable supply of water in its
channel, and the river itself assume a fixed regimen. The
freshets tvhich now cause this disturbance, could undoubt¬
edly be controlled.
The Wisconsin is not the only river that would be bene¬
fitted by the proposed improvement. The influence of its
modified current would be felt upon the upper Mississippi,
where the same difficulties of navigation are experienced.
From intelligent surveyors and traders, with whom the
head waters of the Wisconsin are familiar, I learn that favor¬
able sites may be obtained for the location of a dam. I
understand that it is the intention of the company to insti¬
tute immediate surveys, to determine the location and ex¬
tent of the work. With other minor improvements, I do
not hesitate to predict that it will be the means of insuring
a first class navigation, both of the waters of the Wisconsin
and Fox Rivers; to the latter of which, an indefinite supply
may be communicated from the former.
THE CANAL,
connecting the Wisconsin with the Fox River, has already
been referred to. Its cost, including two locks, with cham¬
bers of 140 feet in length by 35 feet in width, two draw¬
bridges crossing the canal, and docking into the Wisconsin,
was $69,753 97. It is considered as finished.
* The improvements designed for the Upper Wisconsin, from the survey of
Wm. L. Dellitt, were estimated to cost $52,624 36. The tolls from 41,900,000
feet B. M. of lumber annually passing down that stream, would amount to
$41,368 25. These improvements would be necessary, in addition to the main
one proposed in this Report
6
It is proper to acid, that I regard it as an imperfect struc¬
ture, which, in time, will have to be replaced with a neiv lo¬
cation, or new locks will be required with an excavation of,
and future protection from, sand washed into its mouth from
the Wisconsin, and from its own banks. As it is, it may
answer the purposes of the company, until a new and more
thorough system of improvement is adopted for the waters
of the Upper Fox and Wisconsin Eivers,
THE UPPER FOX
has generally a sluggish current, winding through meadow
and marsh land, until it expands into Lake Winnebago.* Its
fall to the latter point is 25 feet over the length, by its chan¬
nel of about 135 miles; although the direct distance is not
more than 65 miles. The average velocity of its current is
supposed to be about 11-2 miles to the hour. Its volume is
small where it is joined by the canal from the Wisconsin, but
it is greatly augmented during its course, by numerous late¬
ral streams, among which is the Neenah Eiver, which con¬
tributes a volume of water equal to its original size, about 9
miles below the canal; and the Wolf Eiver, which empties
into it, about 12 miles above Lake Winnebago. The latter
stream is navigable by steamboats of 22 inches draft of wa¬
ter, for a distance of 150 miles above its entrance into the
Fox, and it is regularly navigated for a distance of 70 miles
above Lake Winnebago. The same difficulties from a low
stage of water, are experienced upon the upper waters of
this stream, as upon the Wisconsin.
The present navigation of the Fox Eiver is confined to
one steamboat, which ascends daily to Berlin, a distance of
about 40 miles; and horse-boats and scows, by means of
which lumber is carried from the Wolf Eiver through the
Upper Fox into the Wisconsin, and down the latter stream
to different markets on the Mississippi. A steamboat, how¬
ever, has made weekly trips to Montello, 100 miles above
Lake Winnebago, from Oshkosh, a city of 3,000 inhabitants,
* The elevation of the Wisconsin at Portage City, was obtained from Byron
Kilborne, Esq., Chief Engineer of the Milwaukie and La Crosse Railroad.
7
at the entrance of the Fox into the lake. The little use
that is made at present of this stream, is, however, occasioned
less by its capacity, than by the interruption of rapids below
Lake Winnebago, where a land portage of 15 miles, is at
present necessary.
Its exports of wheat and returns of merchandize, princi¬
pally take the land route to and from the city of Milwaukie,
which is about 90 to 100 miles distant from the whole line
of the Upper Fox.
THE PLAN OF ITS IMPROVEMENT
has been to deepen its bottom by the use of a dredge, and to
excavate new channels across its bends for straightening the
stream.
The Steam Dredge which has been used on the Fox is 110
feet in length, its width 28 feet, and its draft 30 inches of
water. It passed throughout the Avhole length of the Upper
Fox, excavating it to a greater depth at its shallowest points,
cutting off some of the bends by the excavation of a new
channel, and enlarging the width of the river, particularly
between the junction of the canal and the Neenah River,
where its services are more particularly required. It has
removed, on an average, 850 cubic yards per diem for a
season of 170 days, excavating, at times, over 1,700 cubic
yards in a single day.* It has been in use for four seasons,
at an expense of about $5,000 per annum.
There has been expended for the improvement of the Up¬
per Fox, including the cost of the dredge, about $30,000.
There are other items of improvement contemplated on
this river, among which may be mentioned, a plan for cut¬
ting off one of its great bends, thus saving by a direct cut
of 6 miles in length, through marsh and meadow land, a
distance of 38 miles by the stream. If this be effected, a
lock and dam estimated to cost $20,000 will be necessary.
I understand that it is the intention of the company, to in¬
stitute such reliable surveys as will indicate thorough plans
for the improvement of this stream. At present it is con-
* Report to Board of Public Works.
8
sidered as improved to the extent of the legislative require¬
ments; steamboats of the required size having actually
passed from Lake Winnebago into the Wisconsin and the
Mississippi.
LAKE WINNEBAGO ANT) THE LOWER FOX.
We have now followed the Fox River to its expansion
into Lake Winnebago. We find here a sheet of water 85
miles in length, from 9 to 14 miles in breadth, and from 12
to 25 feet in depth, which is daily navigated by steamboats
that leave the city of Fond du Lac, (now estimated to con¬
tain 6,000 inhabitants,) for a daily circuit of the lake.
The LTpper Fox comes in at the western and middle shore
of the lake, and takes its leave by two channels at its north¬
ern end, which converge together within two miles of dis¬
tance from the lake, forming the stream which is known as
the Lower Fox: This stream pursues nearly a direct course
to Green Bay, a farther distance of 86 miles.
GREEN BAY
is a fine sheet of water, stretching for 100 miles to the foot of
Lake Michigan, with a breadth of 20 miles, and an average
depth of 50 feet. Within a mile from the head of the bay,
and on the Fox River, is the city of Green Bay, numbering
some 2,500 inhabitants.
u Its harbor is described as one of the most spacious and
secure of any in the whole chain of lakes, and as a natural
one next to Detroit."
THE LOWER FOX.
The fall in this stream, from Lake Winnebago to Green
Bay, is 170 feet, principally in eight different rapids.
In company with J. Kip Anderson, Esq., Chief Engineer
of the work, I took measurements of the volume of the
stream, where it passed the ferry at Wright's, 15 miles
above Green Bay. The stream at the time was supposed to
be at its minimum quantity of water.
The method adopted was by a series of triangulations,
from a base line of 400 feet, measured on the shore, as near
9
as could be observed, parallel with the main current of its
stream, to determine its widths, the position of the sound¬
ings and of the floats. In the calculation of quantities,
longitudinal sections were made, corresponding as closely as
possible with the widely varying conditions of its current.
The half sum of the end areas of these sections, multiplied
by the velocities, (which were reduced to mean velocities
by the formula generally used,) gave the total quantity of
water in the stream more accurately, I conceive, than could
have been obtained by attempting to determine an average
velocity for the whole section of the stream. The quantity
thus ascertained was 139,236 cubic feet per minute. This
would equal 1,011,540 gallons.
The villages of Neenah and Menasha are estimated to
contain 2,000 inhabitants, located at the exit of the two
channels from Lake Winnebago, forming the Lower Fox—
the former on the southern, and the latter on the northern,
channel.
Eight miles farther, following the stream, we find the
flourishing village of Appleton, containing 1,500 inhabit¬
ants, the seat of the Lawrence University, which is the finest
building in the state.
THE PLAN OF THE IMPROVEMENT
on the Lower Fox, is to effect a slack water navigation, be¬
tween Lake Winnebago and Green Bay, by means of dams,
short sections of canal and locks.
The northern or Menasha channel, is the one which has
been selected for exit from the lake. Within a mile from
its entrance, a dam, 450 feet in length, is erected across the
stream, which is intended, when tightened, to dam back the
waters to the lake. A section of canal, three-quarters of a
mile in length, leads from the slack water above the dam
around the rapids, at the end of which canal a lock of 10
feet lift gives exit again into the channel. At this point,
the southern or JSTeenah channel, on which a similar im¬
provement has been constructed, joins the Menasha where
the stream widens into Lake Littles Buttes des Morts.
At the foot of this lake, the rapids of the Grand Chute
10
commence. At the head of these rapids, and at the dis¬
tance of 6 miles from the first dam, another dam, 750 feet
in length, is to slack the current back to the exit of the
locks at Neenah and Menasha. From the head of this dam,
a section of canal, three-quarters of a mile in length, with
three locks, of 28 feet lift in the aggregate, gives exit into a
slack water, of one mile in length, caused by another dam,
of 600 feet across the stream, from which a lock, of 10 feet
lift, gives exit into the stream below.
Thus the Grand Chute Rapids are passed, and the river
again used for navigation to the Cedar Rapids, 4 1-4 miles
below—its current, however, again slacked, by the erection
of another dam, 965 feet in length. A short section of canal
and lock, of 10 feet lift, passes these rapids.
The river below is again used for 1 1-4 miles to the dam
at the head of the Little Chute Rapids, which is 750 feet in
length. Here there is a section of canal 11-4 miles long,
and 4 locks of 40 feet lift in the aggregate.
From thence to the Rapids of the Grand Kaukalin, is a dis¬
tance of 3 miles, when a dam of 750 feet is again thrown
across the stream, while its fall of 52 feet is passed by a canal
1 1-2 miles in length, and 5 locks. At the entrance of the
canal a pair of guard gates are designed.
From thence to the Rapide Croche, is a distance of 3 miles.
Here there is a dam of 600 feet in length, and lock of 8 feet
lift.
From thence to I)es Peres, is a distance of 12 miles, where
a dam of 1,300 feet in length, and a lock of 8 feet lift gives
exit into the channel of the river, which has no material
current for a farther distance of 6 miles, where it empties
into Green Bay.
Between the Rapide Croche and Des Peres, there is a fall
of the stream in low water of 9 1-2 feet, producing a rapid
current. As this, however, has been overcome for several
years by boats propelled both by steam and manual labor,
the company have expected to palliate the difficulty by rais¬
ing the dam at Des Peres. I am gratified, however, to ob¬
serve, that the timber for a lock and dam has been pro¬
cured, which is now intended to be constructed.
11
*
The locks are 18 in number, with a total lockage of 166
feet. The dams are eight in number, with a total height of
68 feet.
At present, the work on the Lower Fox, though far ad¬
vanced towards completion, is unfinished. Navigation from
Green Bay, extends no higher than to the Grand Kaukalin,
which point has been accessible for several years by steam¬
boats and other craft, passing through the locks at Des Peres
and at the Rapide Croche.
From thence to Lake Winnebago, navigation has not yet
been commenced. The visitation of cholera during the last
summer, among the workmen, prevented, it seems, the em¬
ployment of a force adequate to the completion of the work
during the past season, as had been confidently expected.
Upon the remainder of the line of the improvement, from
Lake Winnebago to the Mississippi, navigation has been
carried on for several years. In the beginning of the next
summer, it is expected to be opened throughout the Avhole
line; and the grand result effected, after six years of con¬
tinuous labor.
WORK EXECUTED, AND REMAINING TO BE DONE.
That upon the Wisconsin and Upper Fox has already
been referred to. If further improvements have been pro¬
posed, which require additional surveys to define them, it
is sufficient, in the present connection, to add that proposals
for their execution, without cost to the company, have been
made in consideration of the use of the water power thereby
created.
The slight descent of the beds of these streams, with the
long reach of their navigable waters, are considerations
which point to a cheap cost for their improvement; and to
the conclusion, that any additional work which may be re¬
quired to perfect their navigation, will prove a source of
profit to the company, in view of the right that will thus be
given for the collection of tolls. So great a disparity exists
between the cost of water and railroad transportation, that
an additional tariff, which might have no weight in determin-
12
ing the choice between the two, would prove largely re¬
munerative to the Company.
At the Keen ah, or southern channel of exit from Leak
Winnebago, the canal lock and dam have been completed,
and ready for use when the dam at the Grand Chute below
is tightened. A wall will probabty be extended from the
lower and outer wing of the lock, to deflect the current which
now sets across its entrance into the channel.
The improvement here was executed without cost to the
state, in consideration of the use of the water power. The
lock and canal, however, are of the original size. The for¬
mer is 60 feet wide on bottom, and 4 feet deep, and the lat¬
ter 140 feet in length by 35 feet width in the chamber.
At Menasha, where the second and northern channel issues
from the lake, the dam is erected and the canal excavated.
The lock pit was excavated, and the foundations in progress,
at the commencement of November. The contract time for
completion extends to the first of next July.
Here, as at Neenah, the contract for the execution of the
work without cost to the state, was taken in consideration
of the use of the water power thereby created. Subse¬
quently, it was determined to enlarge the canal to a bottom
width of 100 feet, and a depth of 5 feet, and the locks to a
size in the chamber of 160 by 40 feet. This change by con¬
tract involved an expenditure of $16,734,40 beyond the
original plan. The expenditure yet to be made at this
point is $10,916 87
At the Grand Chute Kapids, the walls of one of the locks
are yet to be raised, 15,000 cubic yards of excavation and
embankment remain, the gates for the locks are to be swung,
and the dams to be gravelled.
At the Cedar Kapids, the work is generally finished, with
the exception of swinging the gates and gravelling the
dam.
At the Little Chute, there yet remain 22,500 cubic yards
of excavation, the raising of the walls of the upper of the
two combined locks, the swinging of the gates and the
gravelling of the dam.
13
At the Kankana, the work is generally finished, with the
exception of swinging the gates and gravelling the dam.
At the Rapide Croche, and at Des Peres, the work is
considered as finished.
The estimated cost of completion, will be shown by the
following statement of the Chief Engineer:
(Copy.).
Engineer's Office, ) ar 7 oq,7 1qk,
Fox and Wisconsin'Imp. Co. } 28 1854.
The following statement shows the amount of work that
will be required to complete the improvement of the several
rapids of the Lower Fox River, so as to comply with the
terms of the charter of the Fox and Wisconsin Improve¬
ment Company. All the materials, wrought and cas iron,
timber, plank, stone and water lime, have been delivered
and are ready for the work.
The statement shows, in detail, the amount of work that
will be necessary to complete the locks and sections of canal
at each point.
The prices for the stone work, excavation and embank¬
ment, are those at which the work has been contracted.
grand chute.
14,640
Cub. Yds. Excavation and embank¬
ment,
at 25c.,
$3,660 00
6,085
" " Lock wall,
37c.,
2,251 45
650
" 11 Hydraulic masonry, 75c.,
487 50
7,400
" Ft. Timber,
05c.,
370 00
90,000
" " B. M. Plank,
$4 00c.,
360 00
31,500
Lbs. Wrought Iron,
630 00
52,270
" Cast Iron,
522 70
Gravelling dams,
1,000 00
Finishing abutments,
750 00
Total,
$10,031 65
14
CEDERS' RAPIDS.
1,000 ■
Cub. Yds. Embankment,
at 18c.,
$180 00
300
11 11 Lock wall,
37c.,
111 00
1,000
u Ft. Timber,
05c.,
50 00
2,500
Ft. B. M. Plank,
$5
12 50
7,531
Lbs. Wrought Iron,
150 62
9,773
" Cast Iron,
97 73
Gravelling dam,
*
300 00
Total,
$901 85
•
LITTLE CHUTE.
20,500
Cub. Yds. Excavation,
at 08c.,
$1,640 00
2,000
" " Cemented earth,
30c.,
600 00
22,500
11 u Embankment,
08c.,
1,800 00
3,450
11 " Lock wall,
50c.,
1,725 00
90,000
Ft. B. M. Plank,
$4
360 00
27,956
Lbs. Wrought Iron,
559 12
36,206
" Cast Iron,
362 06
6,750
Cub. Ft. Timber,
327 50
Gravelling dam,
300 00
Total,
$7,673 68
KANKANNA.
2,500
Cub. Yds. Excavation and Embank¬
ment,
at 16c.,
$400 00
300
" " Lock wall,
75c.,
225 00
5,000
u Ft. Timber,
05c.,
250 00
27,171
Lbs. Wrought Iron,
543 42
56,858
" Cast iron,
568 58
100,000
Ft. B. M. Plank,
400 00
Gravelling dam,
500 00
Total,
$2,887 00
15
Grand Chute,
Ceders' Rapids,
Little Chute,
Kankanna,
recapitulation.
Total amount,
$10,031 65
901 85
7,673 68
2,887 00
$21,494: 18
Dear Sir:—You will find enclosed a statement showing the
estimated cost of completing the improvement of the Fox
River. The prices are those at which the several parts of the
work have been subcontracted, with the exception of the
timber and iron-work, which I have estimated at the cost of
putting the materials in the work.
(Signed,) Yours, &c., J. Kip Anderson,
Chief Engineer Fox ancl TF/s. Imp. Co.
To C. D. Westbrook, Esq., Kingston, N. Y.
In this connection I add the following statement from the
books of the company, as furnished to me by the President,
Otto Tank, Esq.
ACCOUNT of THE FOX AND WISCONSIN IMPROVEMENT
COMPANY, FROM 20TH AUGUST, 1853, TO 15TH NOVEM¬
BER, 1854.
Debits.
To stock sold and delivered to this date; mor-
gage bonds sold at par, $159,000 00
Checks issued, (not returned,) circulating, 41,800 00
Sundry creditors, partly to be paid
in bonds owed to ourselves, $60,618 31
Deduct sundry debits, 25,223 60
35,394 71
Bills payable, 18,610 24
Back money to contractors, 29,737 35
Tolls and rents on finished work, 437 00
Sold iron, &c., on hand to contractors, 568 55
$285,547 85
16
Credits.
By payment on work at Rapide
Crocke, $ 292 00
" Grand Chute, 42,218 IT
u Cedar Rapids, 7,546 17
" Little Chute, 50,950 73
" Kankanna, 32,902 21
" Mennsha, 5,817 53
" Of dredgeboat, 3,833 16
" Docks, boats, and
barges built, 9,621 84
$153,181 81
Interest paid, 9,547 70
Expenses, including engineer's salary, &c., 8,132 09
Payments on state indebtedness, for which
lands have been received
from the state, $108,555 51
Deduct for lands sold to pre-
emptors, as below, 4,220 12
104,335 39
Payments for state indebtedness, for war¬
rants not yet filed, 9,829 70
Cash on hand, 521 16
$285,547 85
Of lands granted to Fox and Wisconsin Improvement
Company there have been sold up to Nov. 15th:
3,281 acres to pre-emptors, cash paid, at $1,25, $4,102 45
137.44 u " " on time, (balance
payable in 10 years,) at $2,50, 17 57
120 acres to pre-emptors on time, (balance
payable in 2 or 3 years,) at $2,50, 10 10
40 acres to non-pre-emptors on time payable
in 10 years, at $5,00, 20 00
80 acres to non-pre-emptors, on 3 years' time,
at $3,00 80 00
3,658.44
$4,220 12
17
By resolution of the Board of Directors, the. remaining
lands received from the State were withdrawn from market,
until the completion of the improvement.
The exhibit of the company, dated August
1st, 1853, showed an expenditure by the
state upon the work, previous to its cession
to them, of $128,855 83
Of which there had been received from the sale
of 137,517.87 acres of land, $171,897 31
And paid in evidences of in¬
debtedness, 256,958 19
Since that time it appears, from the previous
statements, that there has been an expendi¬
ture upon the work, by the present com¬
pany, of 170,861 60
According to the estimate of the engineer, a
further expenditure was necessary to com¬
plete the work, of 21,191 18
To which I may add the liability for work at
Menasha, when completed according to
contract, 10,916 87
Total cost of the work, *$632,128 18
The means for this expenditure have been
derived from the sales of lands by the
state, $171,897 31
Sales made and to be made of
mortgage bonds, 500,000 00
$671,897 31
A description of the mortgage bonds issued by the com¬
pany, and of the lands which they now hold, together with
a summary of their assets and liabilities, will be given in a
future stage of this report.
* Engineering and contingent expenses, buildings, wharves, boats, &c., have
been left out of the estimate, as the amount of these items will depend largely
on the future business and plans of the company.
2
18
CHARACTER OF THE WORK.
Appended to tliis report will be found the specifications of
the manner of constructing the canal, and locks, and dams.
Following them will be found the bills of timber, of stone,
and of iron, used in their construction. In the notes attached
to the specifications, will be found other items embraced
therein, which will complete the description of the work.*
In regard to its general character, I would say that, "while
differing in opinion in regard to a few of its details, the
plan of the work and its execution, so far as I have been
able to judge, exhibits a full assurance of effecting the pur¬
pose for which it was designed, and of security against the
action of destructive forces.
The dams, with a single exception, are bolted to the bare
rock. The one excepted is at the Grand Kaukalin. It
rests upon crib work filled with stone, and is to be further
protected with the same material at one of its wings, at the
foot of its spars, and at the break of its overflow, from the
undermining action of the water.
The same security, in the character of the foundations, has
been had in the construction of the locks. The walls of all
at the Grand Kaukalin, two at the Little Chute, one at the
Cedars, and three at the Grand Chute, rest upon a smooth
surface of limestone, out of which material their walls have
been raised. One at the Grand Chute has its walls laid on
timber and earth foundations. Though the work was exe¬
cuted a year since, not the least sign of their settlement can
be perceived, which would readily have been exhibited by
the starting of the plank in the flooring course.
Of the additional locks with timber foundations, one at
Des Peres, one at the Rapide Croche, and one at Neenah,
have been built and in use for several years. The first is of
stone, faced with timber and plank, and the other two of
timber, filled with clay. The remaining locks, with timber
foundations, are two combined at the Little Chute.
* A professional description of the structures composing the work, is partic¬
ularly the province of the engineer who designed them. I can only repeat, in
this connection, the testimony borne in my former report to his scientific attain¬
ments and constructive ability
19
Another fact of great importance in regard to the stability
of the work, is its exemption from the danger of freshets,
inasmuch as no tributary of any size empties into the Lower
Fox. Lake Winnebago is an immense reservoir, controlling
the rise of the water below, whose fluctuations are never
more than between 3 and 4 feet.
Whenever the banks of the canal, which are generally
upon the bottom lands of the river above high water mark,
come in contact with the current, they are protected from its
action by heavy walls.
These facts, together with an examination of the specifica¬
tions, will remove all apprehensions in regard to the stability
of the work.
EXTENT OF NAVIGATION THAT WILL BE OPENED BY THE
COMPLETION OF THE WORK.
For the purpose of exhibiting the extent of navigation
which this improvement will open, with the connections
that will be formed, and the general system of public works
that will assist in causing the settlement of the country for
Avhich it is designed to be the maiA outlet, the map accom¬
panying this report has been prepared.
The connection of the great lakes with the waters of the
Atlantic, are generally understood. Ontario and Erie, joined
by the Welland Canal, both have their outlets of trade,—the
former by the St. Lawrence River and the Oswego Canal,
and the latter by the Erie Canal, which is joined by that
from Oswego.
It is not improbable that Lakes Superior, Huron and
Michigan, will have a water communication with the East,
independent of Erie and Ontario, through Lake Nipissing,
and thence by canal to the Ottawa River.
A short railroad, of 94 miles in length, now unites Lake
Huron with Lake Ontario, at the City of Toronto, giving a
passenger route to Green Bay, which, avoiding the open pas¬
sage of the lakes, and sheltered by islands from the storms
which render their navigation insecure, and saving the dis¬
tance which is lost by following Lakes Erie and St. Clair,
20
will "be unequalled for tlie purposes of emigration or of sum¬
mer travel.
From Green Bay to Mackinac, tlie distance is 180 miles;
from thence; by Lake Erie to Buffalo, 649 miles; tlience
by the Erie Canal and Hudson Biver, to the City of New
York, 510 miles;—total distance by water to the latter city,
1,389 miles :■—a less distance by 100 miles, than from Mil-
waukie to New York by water, and 194 miles less than the
distance from Chicago to New York by water. The navi¬
gation of Lake Michigan is also avoided, which is always
insecure, from the want of suitable harbors.
From Mackinac, by Georgian Bay to Collingwood, the
distance is 250 miles; from thence by railroad to Toronto,
94 miles; from thence across the lake, either to Lewiston or
Oswego, and thence by railroad to New York city. Total
distance from New York to Green Bay, for passengers and
emigrants, 992 miles. From Boston via Albany, 1,042
miles. From Portland via Montreal and Grand Trunk
Railway, 1,160 miles.
West from Green Bay, the distance to the Mississippi
River, at the mouth of the Wisconsin, over the waters of the
Improvement, is 329 miles.
The Wolf River, a tributary of the Upper Fox, has been
navigated by steamboats for a distance of 150 miles. Dis¬
tance from Green Bay to the head of navigation on the
Wolf, 220 miles.
The Wisconsin River has been navigated by steamboats
for a distance of 70 miles above the junction of the canal
from the Fox. Total distance from Green Bay to the pres¬
ent head of navigation on the Wisconsin, 260 miles.
The Mississippi River has been regularly navigated by
steamboats to St. Paul and to the Falls of St. Anthony,—a
distance of 299 miles above the mouth of the Wisconsin.
Distance from Green Bay to St. Paul's, 614 miles. Above
the falls, the Mississippi is navigable for a distance of 300
miles.
Eight miles below the Falls of St. Anthony, is the mouth
of the St. Peters or Minnesota River, 11 which has been navi-
21
gated by steamboats for a distance of 56 miles to little Ra¬
pids. This impediment could probably be overcome with a
single lock of 5 or 6 feet lift. The present keel boats of the
Fur Company are, excepting during high water, unloaded at
this point, and reloaded again above the Rapids, after which
they meet, with no further obstruction for a distance of 60
miles, to Traverse Des Sioux, which is as far as the St.
Peters is used for the transportation of freight."* Distance
from Green Bay to the head of navigation on the St. Peters,
730 miles.
fThe St. Croix River is navigable for 80 miles.
fThe Chippewa River is navigable for 70 miles.
fThe Black River is navigable 60 miles.
Following clown the Mississippi from the mouth of the
Wisconsin, in 321 miles of distance, we reach the mouth of
the Des Moines River, which is navigable for 250 miles
above its mouth, into the State of Iowa.f
Distance from Green Bay to head of navigation on the
Des Moines, 900 miles.
We have fixed the mouth of this river as the dividing
line of freight that will pass, either to Green Bay or to Chi¬
cago, through the Illinois River and Canal, as it is the last
important point on the Upper Mississippi which is nearer,
by water communication with the East, to the former place.
The mouth of the Illinois River is 151 miles below the
Des Moines. Thence to the head of navigation on the
Illinois, 221 miles. Thence by canal to Chicago, 100 miles.
The distance, therefore, by way of Chicago or Green Bay,
to the east is 19 miles in favor of the latter, from the mouth
of the Des Moines River, while the navigation may be as¬
sumed as equally favorable.^
* Owen's Geological Survey of Iowa, "Wisconsin and Minnesota.
| Col. Long, Top. Eng. U. S. A. Probable extent of steam navigation on
the Western waters.
\ The Illinois River is very low, and extremely difficult to navigate, even by
the lightest and smallest boats. The Young America, on her last trip, found
but 26 inches of water on Henripen and other bars near the head of navigation
on that stream. During a good stage of water, the St. Louis packets were in
the habit of making trips to that city and back in three or four days, and very
22
It is difficult, however, to foretell the reach of navigation
that will connect with the waters of this improvement. The
purposes of the water power at jour disposal, may largely
affect the destination of the products of the Mississippi
throughout its entire length.
Intermediate between the Wisconsin and the Des Moines,
the Rock River empties into the Mississippi, 185 miles be¬
low the Wisconsin, which is now navigable for a distance
of 160 miles to the mouth of the Pekatanoke river, and is
susceptible of improvement for steamboat navigation, for a
farther distance of 160 miles to the confluence of Doty and
Rock Rivers, in the State of Wisconsin, from which a canal
of 18 miles in length would connect it with lake Winnebago.
The Pekatanoke River is susceptible of improvement for a
distance of 62 miles from its junction with Rock River.*
fThe Iowa River is navigable 110 miles from its mouth.
fThe Cedar " " 60 " "
Our acquaintance with the tributaries of the Mississippi
is not sufficiently accurate or extensive to define the extent
to which they may be used or improved for the transporta¬
tion of freight. In the language of Thomas II. Benton,
u every tributary, of the humblest boatable character, helps
to swell not only the volume of the central waters, but of
the commerce upon them."
The uniformity of surface in the country which they tra¬
verse, is so marked, that the streams are ascended by canoes
to their sources, and connect by short portages with each
other. They are everywhere dotted with lakes and long
reaches of still and navigable waters.
often in less time; but, at present, if a boat makes a trip in ten or twelve days,
she is doing remarkably well, and is considered as being in excellent luck.
Between this city and Keokuk, (4 miles above the confluence of the Des
Moines and the Mississippi Kivers,) the water is falling more rapidly than in any
other part of the river. It is impossible to ship corn and oats south at this
time; and settlers find it difficult to dispose of those grains.—[Daily Chicago
Evening Journal, October 20th, 1852.
* T. J. Cram's (Col. Top. Eng.) Report of Surveys, to J. R. Poinsett, Seere-
ary of "War, March 20th, 1840.
f Col. Long, U. S. A.
v
23
SUMMARY OF NAVIGABLE WATERS WEST OF GREEN BAY,
THAT WILL BE TRIBUTARY TO THE FOX AND WISCONSIN
IMPROVEMENT COMPANY.
Green Bay to the month of the Wisconsin, 329 miles.
Navigation on the Wolf River, 150 "
" " Upper Wisconsin, 70 "
Wisconsin, to the head of navigation on the Mis¬
sissippi, 599 "
Navigable waters on the St. Peters River, 110 "
11 " St. Croix " 80 "
" " Chippewa " 70 "
" " Black " 60 "
Mississippi, from the Wisconsin to the Des Moines, 821 "
Navigable waters of the Des Moines, 250 "
" " Rock River, 260 "
u u Pekatanoke, 62 "
11 11 Iowa, 110 "
11 u Cedar, 60 "
Total length of their navigation, 2,531
No other derivative, excepting railroads to different ports
on Lake Michigan, (whose influence will shortly be con¬
sidered,) can affect the destination of the products of the
North-western country to Green Bay.
From the whole of this immense section of country,—ex¬
tending over 800 miles on the north, and 500 miles on the
west, and still farther into unknown regions, whose resources
we are only beginning to explore,—may we look for the
sources of tribute to the Improvement.
Equal in fertility of soil, salubrity of climate, and in all
the advantages which induce emigration, with the most fa¬
vored of the older states, we may well take it for granted
that the increase of population, of production, and of com¬
merce of this section of country, will equal that which has
marked the history of these states. Indeed, the increase of
Wisconsin, according to the census statistics of 1850, has
24
almost doubled that of Ohio, Indiana, Michigan and Illi¬
nois, in corresponding periods of their growth.*
The determination of this rate of increase of production
and commerce by figures, with any degree of accuracy, is
impracticable in the present report. Take, for example, the
assessed valuation of taxable property, as annually returned
by the Secretary of State, whose products and commerce
may be expected to pass over the waters of the Improve¬
ment,' and attempt to define its amount this year with its
annual rate of increase. The inequalities which prevail in
the system of taxation, the incomplete returns from several
of the counties, and their redivision yearly, will render the
attempt difficult; while the returns of the assessor, and those
of the census, differing, in some cases, in the proportion of 1
to 3, will prove the endeavor to be fruitless. The commerce
of the lake ports of Wisconsin was never accurately defined
until of late, and the first reliable report issued by the col¬
lector of the district, was made at the instance of the com¬
pany. The use of figures, however, is superfluous here; if
too high a mark is set for this year, the increasing wave of
the next will rise beyond it. The only question which we
care to consider at the present time, is whether the waters of
this improvement can be established as the main thorough¬
fare for the products and commerce of this immense section
of country, and its value as such.
None will deny that, with the completion of this im¬
provement from Green Bay, steam transportation may be
used ; nay, with the single exception of the portage be¬
tween those places, has been used on all the rivers which
* POPULATION.—U. S. CENSUS.
STATES, Ac.
1800
1810
1820
1830
1840
1850
Ohio, - -
45,365
230,760
581
434
937,903
1,519,467
1,980,329
Indiana, - - -
4,875
24,520
147
178
343,031
685,866
988,416
Illinois, -
12,282
55
211
157,445
476,183
851,470
Michigan, - -
-
4,762
8
896
31,639
212,267
397,654
Wisconsin, - -
30,945
305,089
Iowa, ...
43,112
192,214
Minnesota, - -
6,077
25
have been indicated in tliis report, as extending more than
two thousand miles through the length and breadth of a
country which has no other outlet by water, or none which
can compete with this. The remaining question is, what
will railways take away from this improvement ? and an¬
other equally important may then arise, as to what they will
contribute to it.
For the solution of the question as to the relative cost of
railroad, and of river and canal transportation, we have am¬
ple data from actual experience, investigated and reduced to
formulae by authorities that will be generally acknowledged.*
Assuming the New York railroads and canals as standards.
* New York State Engineer's (Wm. J. McAlpine,) Report to the Legislature.
February 9tli, 1854.
Table of the cost of transport, per ton, per mile.
Ocean, long voyage, 1 mill.
" short " c 2 to 4 u
Lakes, long " 2 u
" short " 3 to 4 "
Rivers, Hudson and of similar character, 2 to 4 "
" St. Lawrence and Mississippi, 3 "
" Tributaries of the " 5 to 10 "
Canals, Erie enlargement, 4 "
" other large, but shorter, 5 to 6 "
" " ordinary size, 5 "
" " with great lockage, 6 to 8 "
Railroads, transporting Coal, 6 to 10 "
" not for Coal, favorable lines and grades, 12 to 15 "
" steep grades, 15 to 25 "
Charges for transportation between the Seaboard and the West, by the various rail¬
road and water lines from New York. cents, mills.
Hudson River, 7
Erie Canal, 1 1
Western Lakes, short voyage, 1
" " long " 5
New York and Erie Railroad, 2 4
Hudson River Railroad, 3 1
New York Central Railroad, 3 4
Western Roads from Chicago to Buffalo, average, 2 5
From New Orleans,
Mississippi, lowSr, 6
" upper, 9
Ohio Canals, 1
26
we find the cost of transportation as three on the former, to
one on the latter.
Were we satisfied that this ratio could be maintained in the
transport of products to and from the section of country
which we have described, it would be superfluous to pursue
the inquiry as to the value of the improvement.
Who will estimate the value of the Erie Canal ? Per¬
forming, as it now is, the work which it would require twelve
first class railroads to do,* costing $250,000,000, the calcu¬
lation of its value, by a certain reasoning, might be extend¬
ed to a like sum. The additional millions spent upon its
cents, mills.
"Wabash and Erie Canal, 1 9
Illinois " 14
Illinois River, 1 2
* Same Report on the New York Railroads.
Equivalent number of Tons moved one mile on the New York
and Erie Railroad, 101,626,522
u u a u it a tt j^ew York
Central Railroad, 54,107,350
(i a tt it tt it tt Northern
(Ogdensburg,) Railroad, 19,596,143
Total movement on 3 trunk roads, parallel with canal, 175,924,015
Equivalent number of tons moved one mile on the Erie Canal
branches, 700,389,933
No. of tons carried by Hudson River Railroad, for 1853, 114,957
" " " Harlem " " 1853, 101,197
216,154
Rough Estimate of Tonnage on the Hudson River, 1853.
To and from tide water, by the New York Canals, 4,247,853
fProm Kingston and vicinity,
fCoal, Delaware and Hudson Canal, 1,000,000
Stone, 300,000
Cement and Lime, 150,000
Ice, 100,000
Hides and Leather, 10,000
Other Articles, 50,000
1,610,000
All other Ports, 5,000,000
New York and Erie Railroad, from Newburgh and Piermont,« 600,000
11,457,853
t Not inclusive of merchandize returned.
27
enlargement, afford no better criterion of its value tlian those
which were expended upon its original construction. The
increase, both of its business and of its capacity, may be fore¬
seen in the indefinite future, and it would be a rash ealcula-
tion to assign a limit beyond which it may not extend.
What is the value of the Mississippi ? The extent of its
tonnage and commerce, still greater than those of the lakes,
is encroached upon by the latter and its lateral railways, be¬
cause other causes, in which the cheapness of its transporta¬
tion has no part, is centering the commerce of its basin at
the Atlantic seaports. The Ohio, with the rest of its tribu¬
taries from the Alleghanies, have been the first to feel the
change in the current of commerce. Their relative value
for transportation has been affected, because their waters
flow to the setting, and not to the rising sun.
But, mile for mile, the cost of transportation on the Missis¬
sippi is still less than that of the Erie Canal, and may com¬
pare, when its current bears with it the preponderance of
freight, with that on the Hudson Kiver. Here we may
draw a legitimate comparison between a first class railroad
and a first class water transportation. While the former
may, perhaps, take the greater share of passenger travel,
though charging from twice to three times the rate of the
latter, yet the proportionate amount of freight, in the aggre¬
gate amount of its tonnage carried by two railroads running
parallel with the Hudson, to the tonnage, carried upon that
river, is as 1 to 50, while the proportion of cost would be as d to 1.
How, will any one undertake to define wherein the navi¬
gation of the waters of this Improvement will be attended
with more difficulty and expense than those of the Missis¬
sippi ? Is it to be found in the loss of distance on their
course, in the greater rapidity of their current, or in the
greater descent of thair beds? Ho : for in these respects we
have seen that they compare favorably with that river. Is
it to be found in the scarcity of their water, in the obstruc¬
tions in their channels, or in the cost necessary to perfect
their navigation ? Ho: for any one who has carefully at¬
tended to the description in this report of the present capa¬
city of these streams, will not deny that it is within the
28
power of art to bring tliem within the first class of naviga¬
ble rivers at a cost which, in comparison with its results,
would be equally trifling as that which may have been ex¬
pended for the improvement of them all.
We have gone into this speculative discussion, for the pur¬
pose of appreciating the maximum value of the improve¬
ment. For its minimum value, we have figures which have
been accurately determined. These are, first, the expendi¬
ture already made, to which may be added the expenditure
necessary to complete it; and secondly, the value of its re¬
maining lands at government prices. Against these data is
to be placed the issue of its mortgage bonds, which we have
seen are sufficient to extinguish both the state indebtedness,
and that incurred for the completion of the work.
SUMMARY.
Expenditure by the State, $428,855 23 (Mortgage Bonds, $500,000 00
11 " Company, It 0,861 60
Expenditure to complete the
work, 32,411 05
Cost of work, $632,127 88
Of the lands delivered by the State,
3,658.44 acres sold, but pledged
for loan, $5,186 05
65.444.80 acres, (Government price
$1 25,) 81,811 00
207,655.67 " " " 259,569 59
Remaining lands at Government
prices, 346,566 64 Surplus assets, $478,694 52
Valuation of work at cost, *$978,694 52 $978,694 52
In this statement, we have again anticipated some expla¬
nations in a future stage of the report. We have yet to find
a valuation of the improvement, more in accordance with
actual facts.
REVENUE.
The revenue for the Improvement, certain upon the open¬
ing of its navigation, may be found :
*Adding the balance of mortgage bonds, $39,786 86
To cost of work at Menasha, Neenah, and Des Peres, 60,000 00
To cost of work, as above, 978,694 52
We have as assets, $1,078,481 38
29
First, From the articles of merchandize which are ship¬
ped at Fond du Lac, for ports on Lake Winnebago and the
Wolf Rivers, and which now pass over the plank road from
Sheboygan. We get these amounts accurately from the
books of the forwarding firms.
The articles of merchandize, passing directly from Mil-
waukie, over many different roads to the country along the
Upper Fox and Wisconsin Ri vers, escape our search except¬
ing through the ascertained imports of Milwaulde.
Secondly, By procuring the exports from Milwaukie, and
the other lake ports of Wisconsin, we can assign a propor¬
tion thereof as belonging to the country bordering 011 this
improvement, in the same ratio that its population bears to
that of the whole state. This will leave out of consideration
the whole line of waters connected with this improvement,
north, south and west of Portage City, where the canal joins
the Fox and Wisconsin Rivers, simply because we have no
data to determine the amount of these surplus products.
Thirdly, We can fix approximately the products and
merchandize, which now pass up and down between Green
Bay and Lake Winnebago.
Fourthly, We can fix approximately the lumber trade of
the Wolf and Wisconsin Rivers.
From these items, we have the following annual revenue :
The First, (Shipments from Fond du Lac,)
3,600 tons, at $2 00, $7,200 00
" " (Imports at Milwaukie, for the
Fox River Country,) 10,000
tons, at $2 00, 20,000 00
The Second, 900,000 bushels of grain, at 2c., 18,000 00
" " (Other products,) 4,000 tons, at
$1 00, 4,000 00
The Third, (Commerce between Green Bay
and Lake Winnebago,) 8,534 00
The Fourth, (Lumber of Wolf and Wisconsin
Rivers,) 5,000 00
Revenue for the first year, $62,734 00
Assuming an annual increase in this revenue of 25 per
so
cent, for ten years, tlie revenue for the last year would
amount to $467,398 00
Appended to this report, will be found the statements
from which these data were obtained, for the satisfaction of
any who may wish to investigate them closer.
Custom House, Milwaukie, )
November 30th, 1853. \
The following is the official report from this office, from May 1st to Novem¬
ber 30th, showing the arrivals and departures of steamboats and sail vessels,
the imports and exports of the commerce, together with a statement of the
amount of goods, wares and merchandize imported, on which duty is, and to
be paid at the Custom House, Milwaukie.
No. of Arrivals of steam and sail vessels, - - - - 1,483
" Passengers landed at the port of Milwaukie, - - 25,221
" Tons Merchandize landed, 33,700
" Barrels of Salt landed, - - - - - - 48,709
u Bags of Salt, 45,200
" Barrels of Water-lime, - 838
" Iihd's of Sugar, 598
" Barrels of Sugar, - 2,970
" Barrels of Apples, green and dried, - 18,500
" Tons of Coal landed, - 8,349
" Kegs of Nails, 5,439
" Lumber landed, 15,000,000 feet.
" Lath, 5,300,000 "
" Shingles, 9,100,000 "
Railroad Iron, direct importation trom England, via Canada, - 2,288 Tons.
Transported in Bond from other Districts, - 4,633 "
In all, 6,921 tons. Cost, $285,062 91. Duty, $85,500 00
Sundry other articles. Cost $3,100 00. Duty, 1,000 00
Departures from the Port of Milwaukie, of steam and sailing
vessels, 1,458
Exports of Wheat, bushels, 1,048,663
" Barley, - - " 325,866
" Rye, " 80,375
" Oats, " 131,719
" Flour, barrels, 225,000
" Grass Seed, .... " 1,529
il Beer, 1-2 barrels, 3,639
" Lime, barrels, 3,260
" Brick, 2,367,000
" Pork, barrels, 6,519
" Beef, " 2,621
" Eggs, " 1,199
" Wool, in bales, 2,573
Pearl Ashes, .... casks, 2,254
31
Exports of Fat Cattle, 287 head.
" Butter, kegs, 3,460
At the Port of Sheboygan,
The No. of Arrivals of steam and sail vessels was, - - - 724
" Passengers landed, 3,500
" Tons of Merchandize, - - - - - 4,661
The Exportations during the same time, was:
of Wheat, 44,806 bushels; Barley, 2,393 bushels ; Oats, 5,091; Plour,
1,517 barrels; Grass Seed, 1,734 barrels.
At the Port of Racine arrived, of steam and sail vessels, ... 651
No. of Passengers landed, 5,230. Tons of Merchandize imported, - 7,340
The Exportation was:
of Wheat, 115,319 bushels; Barley, 9,029 bushels; Rye, 18,519;
Oats, 21,456; Flour, 2,563 barrels.
At the Port of Kenosha,
The No. of Arrivals of steam and sail vessels was, .... 607
" Passengers landed, 2,925
" Tons of Merchandize imported, 2,440
The Exportation was:
of Wheat, 144,801 bushels; Barley, 33,406 bushels; Oats, 24,563
bushels; Elour, 1,650 barrels; Brick, 33.400.
The Collector further says, "the statement of all the items is not as large as
it ought to be. Owing to the manner in which the duty of the District has been
carried on for the three years back, it was impossible for me to enforce the strict
observance of the revenue law on all vessels coming to or leaving the different
ports."
The newspaper statements justify an increase of fifty per cent, on the ship¬
ments of grain for the present year.
The shipments at Fond du Lac were obtained from certificates of two for¬
warding firms, who assured me that a third firm, whose returns I failed to get,
shipped as much as the average of the other two. These shipments were for
1853.
I have a certificate from the steamboat owner on Lake Winnebago, that the
amounts this year exceeded the last nearly 50 per cent. He furnished me
with aggregate amounts received for the transportation of passengers and freight
for the two years, which showed a like increase.
The trade between Green Bay and Lake Winnebago, was determined last
year from the tolls at the two locks at Des Peres and the Rapide Croche. As
no regularity was observed during the present year, which would justify an
estimate from the same sources, I have simply added 50 per cent, to the last
year's estimate, which, from conversation with the owner of the plank-road at
the Portage, and from other sources, I believe to be within the mark.
The lumber trade of the Wolf and Wisconsin Rivers is generally estimated
at 75,000,000 B. M. annually. It is difficult to estimate the tolls to be received
from this item, but the estimate presented is deemed to be sufficiently low.
32
Undoubtedly many will be able to form a better estimate
tlian lias been given. Jf it is deemed too large, tlie de¬
ficiency may easily be compensated for, by taking into con¬
sideration tlie immense section of country wkicli lias been
left out of the calculation, to which the part examined
bears only a fractional proportion.
The annual expenses of the improvement may be esti¬
mated as follows:
Superintendence, $1,500 00
Lock Tenders and Collectors, 3,000 00
■ Bepairs, 5 miles of canal, at $1,000, 5,000 00
Wear and tear of perishable structures, 5,000 00
$14,500 00
HISTORY OF THE IMPROVEMENT, AND OF THE CHARTERED
RIGHTS OF THE PRESENT COMPANY.
" The first step taken towards the prosecution of the work,
was the recommendation to Congress, in 1838, of Joel K.
Poinsett, Secretary of War, to connect the Fox and Wis¬
consin Bivers by a canal, for the purpose of facilitating the
transportation of troops and munitions of war, destined for
the western frontier of the United States." For this pur¬
pose, a survey of the rivers was made by Thomas J. Cram,
Esq., Colonel of Topographical Engineers, whose report was
transmitted to Congress in 1840. In the year 1846, the fol¬
lowing act was passed by Congress:
ACT RELATING TO FOX AND WISCONSIN IMPROVEMENT.
Chap. CLXX.—AN ACT to grant a certain quantity of Land to aid
in the Improvement of the Fox and Wisconsin Rivers, and to connect
the same by a Canal in the Territory of Wisconsin. Approved
August 8, 1846.
Be it enacted by the Senate and House, &c., That there be, and hereby is,
granted to the State of Wisconsin, on the admission of such state into the
Union, for the purpose of improving the navigation of the Fox and Wisconsin
Rivers, in the Territory of Wisconsin, and of constructing a canal to unite the
said rivers at or near the portage, a quantity of land, equal to one-half of
three sections in width on each side of the said Fox River, and the lakes
through which it passes, from its mouth to the point where the portage canal
shall enter the same ; and on each side of said canal, from one stream to the
33
otlier, reserving the alternate sections to the United States to be selected
under the direction of the Governor of said State, and such selection to be ap¬
proved by the President of the United States. The said river when improved,
and the said canal when finished, shall be, and for ever remain, a public high¬
way for the use of the Government of the United States, free from any toll or
other charge whatever, for the transportation of the mails, or for any property
of the United States, or persons in their service, passing upon or along the
same.
Provided, the said alternate sections reserved to the United States, shall
not be sold at a less rate than two dollars and fifty cents the acre. Provided,
also, that no pre-emption claim to the land so reserved, shall give the occu¬
pant, or any other person claiming through or under him, a right to sell
lands at any price less than the price fixed in this act at the time of the settle¬
ment on said lands.
Sec. 2. And be it further enacted, That as soon as the Territory of "Wiscon¬
sin shall be admitted as a State into the Union, all the lands granted her shall
be, and become, the property of said State, for the purpose contemplated in
this act, and no other. Provided that the Legislature of said State shall agree
to accept said grant upon the terms specified in this act, and shall have power
to fix the price at which said lands shall be sold, not less than one dollar and
twenty-five cents the acre, and to adopt such kind and plan of improvement
on said route as the said Legislature shall, from time to time, determine for
the best interest of the State. Provided, also, that the lands hereby granted
shall not be conveyed or disposed of by said State, except as said improve¬
ment shall progress. That is, the said State may sell so much of said lands as
shall produce the sum of twenty thousand dollars, and then the sales shall
cease until the Governor of said State shall certify the fact to the President of
the United States, that one-half of said sum has been expended upon said im¬
provements, when the said State may sell and dispose of a quantity of said
lands sufficient to reimburse the amount expended, and thus the sales shall
progress as the proceeds thereof shall be expended, and the fact of such ex¬
penditure certified in the manner herein mentioned.
Sec. 3. And be it further enacted, That the said improvement shall be com¬
menced within three years after the said State shall be admitted into the
Union, and completed within twenty years, or the United States shall be en¬
titled to receive the amount for which any of said lands may have been sold
by the said State, provided that the title of purchase under the sales made by
the State in pursuance of this act, shall be valid.
The Legislature of the State of Wisconsin, accepted the
grant in 1848, by the passage of the following act:
AN ACT\ accepting the Grant of Land made by Congress, to aid in
the Improvement of the Fox and Wisconsin Rivers.
The People of the State of Wisconsin, represented in Senate and Assembly,
do enac
Section 1. The assent of the State of Wisconsin is hereby given to the act
of Congress, entitled " An act to grant a certain quantity of land to aid the
3
84
improvement of the Fox and Wisconsin Rivers, and to connect the same by a
canal in the Territory of Wisconsin." Approved August 8, 1846.
Approved June 29, 1848.
Soon thereafter the following act was passed:
AN ACT to provide for the improvement of the Fox and Wisconsin
Fivers, and connecting the same by a Canal.
The people of the State of Wisconsin, represented in Senate and Assembly,
do enact as follows :
Section 1. The construction of the improvements contemplated by the Act
of Congress entitled, " An Act to grant a certain quantity of land to aid in
the improvement of the Fox and Wisconsin Rivers, and to connect the same
by a canal in the territory of Wisconsin," approved August 8th, 1846, and the
superintendence and repair thereof, after the completion, shall be under the
direction and control of a " Board of Public Works."
Sec. 2. Said board shall consist of five persons, who shall be elected by a
joint vote of the legislature, and who shall severally take and subscribe an
oath of office, to be filed in the office of the Secretary of State, and shall con¬
tinue in office for the term of one year, and until others are duly qualified;
they shall each receive as a compensation for their services, the sum of three
dollars per day for each day's attendance to the duties required by this act,
and for each day necessarily spent in traveling to and from the places of meet¬
ing, to be paid out of the fund appropriated for said work; four of said board
shall constitute a quorum for the transaction of business.
Sec. 3. The register provided for in the thirtieth section of this act, shall act
as Secretary of the Board of Public Works, whose duty it shall be to keep a
faithful record of the transactions of said board, he shall have the custody of
all books and papers belonging to the board, and certify their orders and pro¬
ceedings when required, and shall perform such other duties as may be imposed
upon him by said board.
Sec. 4. The said board may appoint a superintendent and engineer, and
authorize the employment of such subordinate officers as may be necessary,
and determine the compensation of each, but no superintendent or other per¬
son, except the engineer, shall receive more than two dollars per day for each
day actually employed in the service of the State.
Sec. 5. The said commissioners shall first commence the construction of the
canal, and after said canal is finished, the improvement of the Wisconsin and
Fox Rivers shall be commenced, beginning from both ends of the canal down
each stream, so as to make said streams navigable as the improvements pro¬
gress, with the exception of the improvement of the several rapids on Fox
River below Lake Winnebago, which may be commenced at any time said
commissioners may think proper; after the construction of the canal, the net
proceeds of one-sixth of the sales of the grant of land, is hereby set apart for
the improvement of the Wisconsin River, and five-sixths of said proceeds to
the improvement of the Fox River: Provided, that no more than ten thousand
dollars shall be expended in improving the navigation of the Fox River, from
the said canal to Lake Winnebago, until further action of the Legislature of
this State, or until the said river shall be made navigable to Green Bay.
35
Sec. 6. The said works shall be divided into convenient sections, uncon¬
nected with each other, each of which shall be let separately, by contract, to
the lowest bidder; but when the bids of any one contractor shall embrace more
than one section, and shall be in the aggregate less than other proposals for the
same work, his bids may be accepted, and all contracts shall be made in the
triplicate, one copy to be retained by the Secretary of the board, and one copy
to be deposited in the office of the Secretary of State.
Sec. 7. Each section shall be advertised separately, and the notice of the
time and place at which proposals will be received by said board for letting the
same to contractors, shall contain a concise but full specification of the work to
be done, the time limited for the completion thereof, and the terms of payment,
and shall be published six weeks successively in such papers published in the
State as the board may direct, the last publication to be at least ten days be¬
fore the expiration of the time limited therein to receive proposals.
Sec. 8. All proposals shall be sealed, and shall distinctly specify the section
or part of the work to be constructed, the price to be paid without any altera¬
tive condition or limitation, and no more than one proposition to be received
from any one person for the same contract; each proposal shall also be accom¬
panied by a guarantee to be signed by two or more sureties, whose sufficiency
shall be certified by a judge of the Circuit Court or one of the board, condi¬
tioned that the holder shall enter into contract within such time after receiving
notice of the acceptance of his bid as the board may direct, and will give secu¬
rity to the satisfaction of such board for the completion of the work, according
to the specifications contained in the advertisement of the board; otherwise
such proposals shall be rejected.
Sec. 9. At the expiration of the time limited for receiving proposals, the
board shall meet, and shall then open and compare the different proposals, and
shall accept the lowest offer made in compliance with the provisions of this
act, and forthwith notify the bidder of such acceptance; and if any person
whose proposal shall have been accepted, does not, within fifteen days there¬
after, enter into written contract for the performance of the work according to
his bid, and give security as herein provjded, the board shall proceed to let, by
giving further notice, such contract to some other person or persons, upon the
best terms they can obtain, and may sue for and recover on the guarantee before
mentioned any excess, by the board agreed to be upon such second letting, over
the price demanded in the proposal of the person or persons thus failing to
enter into contract as aforesaid.
Sec. 10. No advance or extra compensation shall in any event be made to
any contractor, except that the board may, whenever a contract shall be par¬
tially fulfilled, advance the sum, not exceeding seventy-five per cent., on the
appraisal of the superintendent, of the work done under such contract, as here¬
inafter provided.
Sec. 11. It shall be the duty of the superintendent personally to superintend
the work of each contractor, and to see that the same be done according to
contract, reporting any and all deficiencies to the board; and he shall, once a
month, measure and estimate the work done under each contract and report
the same to the secretary of the board, who shall thereupon draw his warrant
on the treasury for the sum, equal to seventy-five per cent, of the amount esti¬
mated to be done on such contract, which warrant shall be countersigned by
36
the superintendent and paid by the treasurer on presentation: Provided, that
if in any case a contractor shall be dissatisfied with such admeasurement and
estimate, he may appeal to the board, whose decision shall be conclusive.
Sec. 12. No member of the board of works nor any other officer constituted
under the provisions of this act, shall have any share or interest, directly or
indirectly, in any contract to be given out under the provisions of this act.
Sec. 13. The aggregate amount of contracts at any time let by the board
shall not exceed the available means derivable from the sale of lands granted in
aid of said improvements; applications for the purchase of which shall have
been filed prior to the time of letting such contracts, and immediately after
such contracts shall have been let, said board shall cause the said lands so ap¬
plied for to be brought in market, in quantities not exceeding sixteen thousand
acres at any one sale, and in time to meet the payment to become due upon
the contracts let, as aforesaid.
Sec. 14. The board, any four of whom shall be a quorum, shall meet once in
every three months, and oftener if they shall deem necessary, and shall examine
all reports, books and accounts submitted to them, or in the hands of the sec¬
retary, and, at such meetings, may allow such accounts for contingent expenses
as may have been incurred under their direction, and may give such directions
and adopt such regulations not inconsistent with this act, for the prosecution
of the work, and relative to the duties of the several officers herein provided
for, as they may deem expedient; it shall also be the duty of the Governor to
transmit monthly to the President of the United States, a statement of the
amount expended in the construction of said improvements during the pre¬
ceding month.
Sec. 15. In the construction of such improvements, the said board shall have
power to enter on, take possession ofj and use all lands, waters and materials,
the appropriation of which for the use of such works of improvement, shall,
in their judgment, be necessary.
Sec. 16. "When any lands, waters or materials, appropriated by the board
for the use of said improvement, shall belong to the state, such lands, waters
or materials, and so much of the adjoining lands as may be valuable for hy¬
draulic or commercial purposes, shall be absolutely reserved to the state, and
whenever a water-power shall be created by reason of any dam erected or
other improvements made on any of said rivers, such water-power shall belong
to the state, subject to future action of the Legislature.
Sec. 17. When any lands, waters or materials, appropriated by the board to
the use of the public in the construction of said improvements, shall not be
freely given or granted to the state, or the said board cannot agree with the
owner as to the terms on which the same shall be granted, the superintendent,
under the direction of the board, shall select an appraiser, and the owner shall
select another appraiser, who, together, if they are unable to agree, shall select
a third, neither of whom shall have any interest directly or indirectly, in the
, subject matter, nor be of kin to such owner, and said appraisers or a majority
of them, shall proceed to hear testimony and to assess the benefits or damages
as the case may be, to the said owner from the appropriation of such land,
water or materials, and their award shall be conclusive, unless modified as
herein provided. If the owner shall neglect or refuse to appoint an appraiser
37
as herein directed, after ten days' notice of such appointment by the superin¬
tendent, then such superintendent shall make such appointment for him.
Sec. 18. Either party may appeal from such award to the Circuit Court of
the county in which the premises may be situated, within thirty days after
such award may be made and filed with the secretary of the board, and such
appeal shall be tried by a jury, as other cases commenced in said Circuit Court
and, upon the finding of such jury, judgment may be rendered in favor of either
party, but no execution shall issue thereon against the state.
Sec. 19. An entry of such award, signed by the appraisers, or a majority of
them, or certified by the clerk of the court, in case the same shall have been
appealed, and containing a proper description of the premises appropriated, the
names of the persons interested, and the sum estimated for benefits or dam¬
ages, shall be made in a book to be kept by the secretary of the board.
Sec. 20. A transcript of such entry, signed in like manner, acknowledged or
proved as a conveyance of land, shall be recorded in the office of the register
of deeds of the county in which the premises are situated, and the fee simple
of said premises shall thereupon vest in the state.
Sec. 21. If the damages exceed the benefits, it shall be the duty of the board
to direct the same to be paid out of the fund appropriated to said improvements,
proof of such payment, or the offer thereof in case the party entitled shall de¬
cline to receive the same, shall discharge the state, and every person under its
employ, from any claim for such lands waters, and materials appropriated as
aforesaid.
Sec. 22. As soon as any portion of said improvements shall be completed so
as to admit of use, the said board shall make rules and regulations from time
to time in respect to the passage of boats, rafts, and other floats through the
canal and locks, and all matters, connected with the navigation thereof, and
impose such forfeitures for the breach of any such regulations as may be deemed
reasonable by them.
Sec. 23. Said board shall annually, and oftener if required, submit to the
governor a full statement of the condition of said improvements, and minute de¬
tails of the receipts and expenditures of money, and the purposes to which it
has been applied, and generally of all their proceedings during the preceding
year.
Sec. 24. For the safe keeping, and the disbursement of the moneys appro¬
priated to said improvements, the legislature shall appoint, by joint vote, some
competent and responsible person to be treasurer of the board of public works,
who shall hold his office for the term of one year, or until his successor shall be
appointed and qualified.
Sec. 25. The treasurer, before he shall be qualified to act as such, shall take
the oath required by the constitution, and shall give bond in the sum of fifty
thousand dollars, with sureties who shall swear that they are worth over and
above all liabilities and property exempt from forced sale on final process, an
amount which in the aggregate shall be equal to the penalty of said bond.
Sec. 26. The register and treasurer shall each receive an annual salary of
two hundred dollars, and such fees in pre-emption cases and in entries of lands
as may be allowed by the board, provided that the whole amount which either
of said officers shall receive during any one year shall not exceed six hundred
dollars: and the surplus of fees over and above the amount allowed to the re-
88
gister and treasurer as aforesaid, shall be paid to the treasurer, and become a
part of the improvement fund. The board of works shall preseribe such rules
and regulations relating to the duties of said officers as may be necessary, and
may establish the fees in the cases above referred to.
Sec. 27. No member of said board, nor any person who may be interested
directly or indirectly in any contract for the construction of any portion of said
improvements, or surety for any contractor, shall hold the office of treasurer, or
be received as one of his sureties.
Sec. 28. All payments to said treasurer shall be made in gold and silver
coin, and all payments to contractors shall be in like currency, and the board
shall prescribe the manner in whiehthe accounts of the treasurer shall be kept,
and the moneys disbursed by him.
Sec. 29. Any treasurer, or other person in the employ of the state, under
and by virtue of the provisions of this act, who may be charged with the re¬
ceipt or disbursement of any ot the funds belonging to said improvements,
arising either from the sale of land or from any other source, who shall use,
loan, exchange, or otherwise misapply any portion of said funds, shall be
deemed guilty of embezzling so much of said funds as may be thus loaned,
used, or exchanged, or otherwise mis-applied, which is hereby declared to be
a felony; and no money shall be paid out by the said treasurer except upon
the warrant of the said board, which shall be signed by a majority of them, and
countersigned by the secretary, and the said warrants shall be paid in the order
in which they are presented, giving a preference to no person.
Sec. 30. For the disposal of the lands of the state granted in aid of said im¬
provements, there shall be a land office established at Oshkosh, in the county
of Winnebago, which office shall be under the direction of an officer to be
called the "Register of the State Land Office," who shall be appointed by a
joint vote of the legislature, and shall give bond to the state, with security to
be approved by the governor in the sum of ten thousand dollars, for the faith¬
ful discharge of the duties of his office, and shall reside at the place where the
office is directed to be kept. He shall hold his office for one year, or until his
successor shall be appointed and qualified. For a violation of any of the duties
conferred on the register by this act, or any instructions of the governor rela¬
ting to his duties, the governor of the state is authorized to remove said register
from office, and appoint some person to fill such vacancy, and the person so
appointed shall continue in office until his successor is duly qualified.
Sec. 31. The Governor shall cause to be prepared, and transmitted to the
register of the land office, general plats of the land directed to be sold at said
office, together with copies of the field-notes of said lands.
Sec. 32. The Board of Works shall select from said lands, a quantity not
exceeding sixteen thousand acres of land, embracing in such selections lands
to which the right of pre-emption may have attached, and giving such lands
priority in the order of sale corresponding with the dates of settlement estab¬
lished by the claimants respectively, and shall proclaim the said lands so
selected for sale at public auction, at a time to be fixed by them—not less than
three months from the date of such proclamation—a copy of which shall be
published in all the newspapers printed in the county or counties in which the
lands mentioned therein are situated.
Sec. 33. Such sale shall open on the day mentioned in such proclamation,
89
and shall continue open from day to day, until all the lands shall have "been,
offered, and all the lands remaining unsold at the close of such, or any such
public sale, may be disposed of at private sale, by the register, in the manner
herein prescribed.
Sec. 34. No lands shall be sold by virtue of this act, at either public of
private sale, for less than one dollar and twenty-five cents per acre, and all
payments therefor shall be made to the treasurer in gold and silver coin.
Sec 35. The register shall enter in his books to be kept for the purpose,
the application of persons who may apply for the purchase of any of said lands
subject to sale, and who shall produce to him a receipt from the treasurer of
the Board of Works for the purchase money of the tract applied for, stating in
each entry the date of the application, the date of the receipt, the amount of
money specified therein, and the number of the section, township and range
applied for. If two or more persons apply at the same time, for the same
tract, the register shall immediately offer said tract in the presence of the par¬
ties to the highest bidder, and the applicant who shall offer to pay the highest
price, shall be entitled to a preference.
Sec. 36. The register shall file the receipt from the treasurer, produced to
him by any applicant, and shall give to such applicant a certified copy of his
entry.
Sec. 37. The register shall also enter upon the plats the number of the cer¬
tificate granted by him to any purchaser, and such plats shall be open to in¬
spection, in the presence of the register, at all times.
Sec. 38. From and after the passage of this act, every person, being the
head of a family, widow, or single man, over the age of twenty-one years, and
being a resident of the State of Wisconsin, who has made, or shall hereafter
make, a settlement in person, on any of the lands granted by the United
States to said state, to aid in the improvement of the Fox and Wisconsin
Rivers, and who shall inhabit and improve the same, and who has erected, or
shall erect, a habitable dwelling thereon, shall be, and is hereby authorized to
enter, with the register appointed to sell said lands [by legal subdivisions, any
number of acres, not exceeding one hundred and sixty acres, to include the
residence of said claimant, upon the payment to the treasurer of one dollar and
twenty-five cents per acre for such lands, subject to the following limitations.
Sec. 39. No person shall be entitled to more than one pre-emption right un¬
der this act, and no person who quits or abandons his residence or his own
lands in this State, to reside on said lands, shall be entitled to a pre-emption
therein; no lands required for the use of the State, in constructing the said im¬
provement of the said rivers, or returned by the Board of Works, as a site for
hydraulic or commercial purposes, and no parcel or lot of land occupied for pur¬
poses of trade and not agriculture, shall be liable to entry under the provisions
of the last section.
Sec. 40. When two or more persons shall have settled on the same quarter
section of land, the rights of pre-emption shall be in him or her who made the
first settlement, provided such person shall have conformed to the provisions
of this act.
Sec. 41. Whenever a person has settled, or shall settle and improve any of
said lands, and shall intend to purchase the same under the provisions of this
Act, such person shall in the first case, within three months after the passage
of this act, and m the last, within thirty days of the date of such settlement,
file with the register of the state land office, a written statement, under oath,
describing the land settled upon, and declaring the intention of such person to
claim the same under the provisions of this act, and shall make proof and pay¬
ment, before the day appointed by the Board of Works for the sale of lands.
Sec. 42. Any tract of land not exceeding one hundred and sixty acres of land,
having improvements by cultivation on the same, to the amount of five acres,
or on which a house or other improvements have been erected worth fifty dol¬
lars, previous to the passage of this act, shall be registered as improved or oc¬
cupied lands, and the claimant of such land shall have the right to purchase the
same at one dollar and twenty-five cents per acre. Provided, however, if any
of said land registered, shall be wanted for carrying on said work, on account
of material, or by reason of including the terminus of a canal, or any lock, dam,
waste water or basin, or on account of flooding the same, said land shall be re¬
served, and an equivalent amount of land may be selected by said claimant from
some other of the unappropriated lands not reserved as aforesaid, and on his
application, the lands so selected shall be registered in the same manner as if
the same had been occupied or improved by such claimant, and the said claim¬
ant shall be entitled to receive a just compensation for his improvement, to be
agreed upon by the person claiming the same and the Commissioners, or three
disinterested persons, to be chosen by the said parties.
Sec. 43. Whenever sales of any of said lands shall be made, either at public
or private sale, in conformity with the provisions of this act, it shall be the duty
of the Governor of the state to grant unto the purchaser upon the certificate of
the register, a patent for the lands so sold, which patent shall be under the seal
of the state, and countersigned by the Secretary of State, and shall vest in the
purchaser, his heirs and assigns, an absolute estate in fee-simple.
Sec. 44. All suits brought by the board for a violation of any rules or regu¬
lations made by them, or for any infraction of the provisions of this act shall
be brought in the name of the state ; and all sums received and collected shall
become a part of the fund set apart for said improvement.
Sec. 45. The Governor of this state is hereby invested with the general con¬
trol and supervision of the whole work provided for by this act, and ifj in his
opinion, the said Board of Works, or either of them, or the said treasurer, are
violating any of the provisions of this act, or are misapplying any portion of
the funds committed to their charge, or are abusing any of the powers conferred
on them or either of them, he is hereby authorized to remove them or either
of them from office, and appoint others in their places; and the persons so
appointed shall continue in office until the end of the session of the legislature
next to be holden, and until others are elected and qualified, and ifj in his
opinion, the moneys in the hands of the treasurer are not safe, he may order
the same to be transferred to the treasury of the state.
Sec. 46. The compensation of all the officers provided for by this act, shall be
paid quarter-yearly out of the said fund.
Sec. 47. As soon as the selection of the lands appropriated by Congress, in
aid of the improvements contemplated by this act, shall be completed, and a
sale of any portion thereof shall be required, the Governor of the state shall
appoint a register and treasurer, who shall hold their offices until the end of
the session of the Legislature then next to be holden; and, thereafter, the
41
register and treasurer shall be appointed and hold their offices in the manner
and for the term provided in this act.
Approved August 8th, 1848.
Yarious other acts were passed by the Legislature during
the time the work was prosecuted by the State, down to its
final cession to the present company. A full copy of these
acts, with the certificate of the Governor and Secretary of
State to their accuracy, is transmitted to you in company
with this Report.
Of these acts, the only remaining one which I am legally
advised is necessary to define the chartered rights of the
company, in addition to their Act of Incorporation, is as
follows:
AN ACT to amend an act for the improvement of the Fox and Wisconsin
Fivers, and connecting the same lay a canal.
The People of the State of Wisconsin, represented in Senate and Assembly,
do enact as follows:
Section 1. That all sections and parts of sections of the above entitled act,
authorizing the Board of Public Works to reserve the state lands, valuable for
hydraulic, commercial and other purposes, and upon which any settler had a
settlement and claim prior to the reservation made by said Board of Public
Works, is hereby repealed ; Provided, that this amendment shall not be con¬
strued to apply to any water power created by the construction of the canal,
or the improvement of the navigation of the Fox and Wisconsin Rivers, and so
much land adjoining the same as the Board of Public Works may deem neces¬
sary to form a part of said water power. #
Section 2. All settlers resident upon any of the lands mentioned in the
foregoing section, shall be entitled to all the privileges and benefits extended
by the act, to provide for the improvement of the Fox and Wisconsin Rivers,
to settlers on other lands therein specified.
Moses M. Strong, Speaker of the Assembly.
Samuel W. Beall, Lt. Governor and President of the Senate.
Approved Feb. 9th, 1850.
Nelson Dewey.
The first Report of the Board of Public Works and chief
engineer, was made and published in January 1849.
During the previous year there had been an
expenditure for engineering, of $ 1,631 81
By the second Report of the Board of Public
Works, made January 21st, 1850, there had
been an expenditure during the previous
year, of 45,244 63
42
By tlie tliird Report, made January 1st, 1851,
there had been an expenditure during the
previous year, of 59,048 71
The fourth Report was made January 2d,
1852, and showed an expenditure during
the previous year, of 69,290 53
The fifth report of the Board of Public
Works was made January 1st, 1853, and
showed an expenditure upon the work dur¬
ing the previous year, of 126,143 55
Total expenditure, to January 1st, 1853, $301,359 23
"It further appeared by this Report, that the improvement
could not be completed from the avails of the public lands,
without many years' delay, and a majority of the legislature
deeming it unconstitutional to issue State Bonds from the
sale of which to finish it, resolved to surrender the whole
improvement, the balance of the grant of public lands re¬
maining unsold, hydraulic privileges, &c., to a company,
upon receiving good and sufficient guarantees that the work
should be accomplished, and the parties interested as contract¬
ors and otherwise, secured from loss. A number of individ¬
uals, impressed with the vast importance of the work as a
means of cheap transportation for the products and supplies
of the richest agricultural, and mineral, and lumber portions
of the state, and consequently as a source of immense reve¬
nue, entered into articles of association, as follows :
Articles of Association and Agreement made and concluded the first day
of June, in the year eighteen hundred and fifty-three, by and between
the undersigned parties, to wit: Otto Tank, Morgan L. Martin, Urial
II. Peak and Jos. G. Lawton, of Brown County, Theodore Conkey, of
Outagamie County, and Mason C. Darling, Benjamin F. Moore and
Edgar Conklin, of Fond du Lac County.
Article 1. The name and style of said association shall be the "Fox and
Wisconsin Improvement Company," and the objects of the association are the
improving the navigation of the Fox and Wisconsin Rivers, in the State of
Wisconsin, and carrying on such business connected with the use and naviga¬
tion of said streams, as may from time to time be determined for the best in¬
terests of the company.
Art 2. The capital stock of said company shall be five hundred thousand dollars,
43
to be divided into five thousand shares, of one hundred dollars each ; of which
said stock the subscribers hereto have taken three hundred and fifty shares each.
Art. 3. The affairs of said company shall be managed by a Board of seven
Directors, of whom one shall be the President. They shall be stockholders,
and shall be chosen annually on the first Monday of May, or at such other time
as the By-laws shall prescribe for the annual meeting of the stockholders; and
the persons receiving the highest number of votes shall be declared duly
elected. All elections shall be by ballot, and each stockholder, in person or
by proxy duly appointed under his hand in writing, shall be entitled to one
vote for every share of capital stock held by him.
Art. 4. The Board of Directors, shall cause to be kept, in transfer books, a
record of the names of the holders of stock in said company, and no sale of said
stock shall be valid until a record of such sale be entered in said books, ac¬
cording to the By-laws or regulations of said company; and no stockholder
shall be entitled to vote at the annual meeting of stockholders, or to receive
any dividend of the profits made by said company, except tnose stockholders
in whose names said stock was recorded as held at a period not exceeding
thirty days before the days of holding said election, or making said dividend,
as may be prescribed by the said By-laws or regulations.
Art. 5. At all meetings of directors, four shall be a quorum, and the acts of
a majority of the directors assembled, shall bind said company.
Art. 6. The Board of Directors shall have power to meet from time to time,
as may be expedient, to make such By-laws and regulations, not inconsistent
with the constitution of the United States or of this state, as may be necessary
or convenient for the government of said company, and the management of its
property, and which are necessary to perform the duties and carry out the
powers granted by these articles. They shall have power to elect a President
and Yice-President, and appoint a Secretary, Treasurer, Engineer, Superin¬
tendent, and such other officers or subordinates as may be necessary for the
conducting its affairs; to remove the same and appoint others in their stead :
to fix the compensation and prescribe the duties of-the officers and others in
the employ of the company; and to require such security for the proper dis¬
charge of their duties, as they may judge necessary; to issue proper certifi¬
cates of stock to the stockholders, and determine in what manner, and under
what restrictions their shares of capital stock shall be transferable ; to acquire,
purchase, sell, lease and dispose of real estate and personal property for the
use of the company, for the purposes and in the manner hereinafter described;
to establish and construct wharves, slips, docks and depots, and all other ne¬
cessary structures, fixtures, machinery and apparatus; to order and cause to
be made all surveys, estimates and letting of works, at such times and places
as they may determine; to prescribe such forms of contracts, rules, regulations
and specifications for the performance of work, as they may deem proper ; to
enter upon and take possession, by their agents, of any lands and streams of
water which may be necessary for the construction of the improvement, and
to make the same available; to regulate the time and manner in which all
rafts, boats, scows, vessels and other craft shall pass on said work ; to hold,
sell, lease, and occupy any water power, depot, toll-house, ware-house, ma¬
chine-house, structure, fixture, apparatus, or machinery granted to or owned
by said company; to make, construct, complete and keep in repair the work
44
granted and surrendered to said company by the state; to establish and col¬
lect tolls and transit duties upon all boats, vessels, craft and rafts used in con¬
veying property, merchandize and effects on and along said improvement:
and also on all persons, property, merchandize and effects transported on and
along the same; to make and declare a dividend of profits and income of said
improvement and appurtenances among the stockholders at such times as may
be deemed expedient; and do all and every other necessary or proper acts, in
accordance with the intent and meaning of these articles: Provided, no By¬
laws shall be altered or repealed, nor plan of business be formed or changed
except at annual meetings, or when the directors are all present, or have been
duly notified thereof.
Art. 7. The Board of Directors shall cause a fair journal of all their proceed¬
ings to be kept, and also such books of entry and register as shall be necessary
*or the correct transaction of the business of the company; all of which shall
be open at all proper times to the inspection of the stockholders. And the
said board shall make a report to the stockholders, at their annual meeting, of
the condition of the work, and of the acts done by them during the preceding
year; which report shall also be published in pamphlet form, and mailed or
delivered to each stockholder.
Art. 8. It shall be lawful for such company to acquire, hold and convey the
following described real estate: First, such as may be granted by this state or
the United States for the completion of said work: Second, such as maybe
necessary for the accommodation and transaction of the business of the com¬
pany: Third, such as may be mortgaged in good faith by way of security for
the moneys due the company: Fourth, such as shall be conveyed to it in satis¬
faction of debts previously contracted in the course of its necessary dealings :
Fifth, such as the company shall purchase at sales under judgments, decrees,
or mortgages in its favor.
Art. 9. All conveyances, leases and transfers of real estate, to said company,
shall be in the name of the president and directors thereof; and all convey¬
ances, leases and titles from the company, shall be sealed with the seal of the
company, signed by the president, and countersigned by the secretary.
Art. 10. Lists of the rate of tolls and transit duties of every kind, shall be
made out as fixed by the Board of Directors, and shall be set up in the office
of the Board of Directors, and in each of the business places, ware-houses and
lock-houses of the company in use on the route of said improvement; and no
higher rate of tolls or transit duties shall be charged and taken by any officer
of said company, unless the same has been altered by the Board of Directors,
and the list set up, as in this section provided, at least thirty dajrs prior to the
time of charging and taking the same.
Art. 11. If any officer or agent of said company shall violate the provisions
of the last preceding section, by exacting any greater amount of tolls or tran¬
sit duties than he might lawfully exact, he shall forfeit and pay, for every such
violation, to the owner of the property or the person aggrieved, three times
the amount of the sum unlawfully exacted : to be recovered in any court of
competent jurisdiction.
Art. 12. The stock of shareholders of said company shall be considered per¬
sonal property, and may be sold on execution issued against the stockholders,
as other personal property, and transferred on the books of the company by the
45
officer selling the same, in the same manner that the same could be transferred
by the owner thereof; and when such transfer shall have been legally made,
if the execution defendant shall refuse to deliver the certificate of said stock to
such purchaser, it shall be the duty of the board to make and deliver to such
purchaser a new certificate thereof: Provided, nothing herein shall be con¬
strued to impair the security of a debt for which any such shares may have
been deposited as collateral.
Art. 13. The said company is authorized and fully empowered, in its corpo¬
rate capacity, to borrow any sums of money from any person or persons, cor¬
poration, or body politic of any kind, at any legal rate of interest, which said
company may deem proper; and to make, execute and deliver all necessary
writings, notes, bonds, mortgages, or other papers and securities, in amount
and kind as may be deemed expedient by said company, in consideration of
any such loan, or in discharge of any liabilities that it may incur in the con¬
struction, repair, equipment, or management of said improvement, and carrying
on the business of said company.
Art. 14. Mason C. Darling, Morgan L. Martin, Otto Tank, Edgar Conklin,
Benjamin F. Moore, Joseph G. Lawton and Urial H. Peak, shall be the first
directors of said company, and shall hold their offices until the next annual
election.
Art. 15. It shall be the duty of the Board of Directors of the company here¬
by formed, to make application to tiie Legislature of the State of Wisconsin,
for a grant of said improvement, and the lands belonging thereto, and for the
incorporation of the company, with the powers and upon the terms and con¬
ditions mentioned in these articles; and in case the Legislature shall make
such grant, then these articles to be operative, otherwise of no force or effect
after the first day of August next.
This association applied to the legislature for an Act of
Incorporation, which was granted, and approved July 6th,
1853.
AN ACT to Incorporate an Association for the completion of the
Improvement of the Fox and Wisconsin Rivers.
The People of the State of Wisconsin, represented in Senate and Assembly,
do enact as follows:
Section 1. Mason C. Darling, Otto Tank, Morgan L. Martin, Edgar Conklin,
Benjamin F. Moore, Joseph G. Lawton, Urial H. Peak, Theodore Conkey, and
their associates, formed under the name and style of the " Fox and Wisconsin
Improvement Company," by articles of association, dated the first day of June,
in the year eighteen hundred and fifty-three, and such other persons as may
become the purchasers of the capital stock of said association, are hereby in¬
corporated upon the conditions and terms contained in said articles, a copy
of which shall be filed in the office of the Secretary of State; and the said
association shall have all the powers incident to a corporation under the laws
of this State.
Sec. 2. The works of improvement contemplated by the act, entitled " An
46
act to provide for the improvement of the Fox and Wisconsin Fivers, and
connecting the same by a canal," approved August 8th, 1848, and by several
acts supplemental thereto and amendatory thereof, and known as the "Fox
and Wisconsin Rivers Improvement," together with all and singular the rights
of way, dams, locks, canals, water-powers, and other appurtenances of said
works; also, all the right possessed by the State of demanding and receiving
tolls and rents for the same, so far as the State possesses or is authorized to
grant the same, and all privileges of constructing said works and repairing the
same, and all other rights and privileges belonging to the improvement, to the
same extent and in the same manner that the State now hold or may exercise
such rights, by virtue of the acts above referred to in this section, are hereby
granted and surrendered by the State of Wisconsin to the said Fox and Wis¬
consin Improvement Company. Provided, that the said improvement shall in
all future time be free for the transportation of the troops of the United States
and their munitions of war, without the payment of any tolls whatever. And
provided, that no provision of this act shall be so construed as to allow, permit,
or authorize, the charge or collection of any tolls or transit duties for the pas¬
sage of any vessel, goods, merchandize, or property of any kind, along or over
the main channel of said rivers. And also provided, the said company shall
charge no higher rate of tolls than was established by the Board of Public
Works for the year eighteen hundred and fifty-one and two, which rates of
toll shall be uniform at each lock, and to all persons and boats passing along
or through the same; and further provided, that each of the members of said
company, within thirty days from the passage of this act, shall file with the
Secretary of State a bond or bonds, in the sum of twenty-five thousand dollars,
payable to the State of Wisconsin, and shall justify on oath, before a judge of
the Circuit Court, that they are worth, in unencumbered estate or property,
the amount of the penalty therein; and conditioned that the said company
shall vigorously prosecute the said improvement to completion, and complete
the same within three years from the passage of this act, on the line located
by the Board of Public Works, and as contemplated in the Report of the Board
of Public Works, and estimated by the Chief Engineer, on the first day of
January, 1853, in a substantial and durable manner, and so as to enable boats
with a draft of two feet and a breadth of thirty feet, during ordinary stages of
low water, to pass with facility from Green Bay into the Wisconsin River ;
shall pay the contractors on said improvement the estimates which shall, from
time to time, become due on their contract, shall pay said contractors any
damages awarded, or that may hereafter be awarded them, by decree or judg¬
ment of any court of this State or of the United States, and shall pay all out¬
standing evidences of indebtedness on the part of the state, as trustee, or
otherwise, issued on account of the said improvement, as the same shall become
due, or, if now due, within ninety days after demand made upon said company:
And farther conditioned, to save harmless the State of Wisconsin from any
and all liability in any wise arising or growing out of the said improvement,
or any contract, agreement, law or laws in relation thereto; and provided
further, that no part of the improvement, rights, property or lands, mentioned
in this act, shall pass into the possession of such company, nor shall such com¬
pany acquire any title thereto or exercise any right or control over the same,
until such company shall first procure from White, Resley & Arndt, Morgan L.
47
Martin, "William A. Barstow, "William McNaughten & Company, and Curtis
Reed, the several contractors on the Fox and Wisconsin Rivers Improvement,
releases of all claims and demands which such contractors, or either of them,
may have, or claim to have, against the state, either for work performed under
their respective contracts, or for damages by reason of any non-fulfilment of
such contract or contracts by the state, to be executed in due form of law, and
file the same in the office of the Secretary of State. Nothing in this act shall
be so construed as to give the company hereby created the right to collect or
receive any other or more revenue, from the use of said improvement, than
this state would be entitled to collect or receive if this state should complete
said improvement, by the expenditure of the grant of land or in any other way.
Sec. 3. As soon as the bond or bonds, and releases, referred to in the second
section of this act, be filed with the Secretary of State, the said company are
hereby authorized to take possession of said improvement, appurtenances, prop¬
erty and assets, hereby surrendered and granted unto them, and to proceed to
complete the same; and it shall be the duty of the officers and agents having
charge of said improvement, to deliver to said association all the property, sur¬
veys, maps, plats, profiles and estimates, belonging to said improvement, an
acknowledgment ot the receipt of which shall be signed by the officers of said
company, and filed in the office of the Secretary of State.
Sec. 4. The lands granted by Congress in aid of said improvement and re¬
maining unsold, shall be and are hereby granted to the Fox and Wisconsin
Improvement Company, upon the following terms and conditions, to wit:
Whenever the said company shall deposit with the State Treasurer any
amount of the outstanding evidences of indebtedness against said improve¬
ment fund, or shall transfer and deliver to him any amount of the stock of the
United States, or of any state, at its value in the New York market, the said
company may select so much of said lands as shall be equal in amount, at one
dollar and twenty-five cents per acre, to the indebtedness so surrendered, or
the value of the stock so transferred, and a descriptive list of the lands so
selected being filed in the office of the Secretary of State, the lands shall
thereupon be and become the property of said compan3r, without any other
or further act to be done or performed on the part of the state; and whenever
all the evidences of indebtedness shall be paid and surrendered by the com¬
pany, all the remaining lands embraced in the grant made by Congress and
not previously conveyed to them, and the stocks that may have been trans¬
ferred as aforesaid, shall be and become absolutely the property of said com¬
pany, and all the lands so conveyed shall be exempt from taxation of every
description by or under any law of this state, until after the same shall have
been sold or contracted to be sold, or leased or improved, by said company:
Provided, said exemption do not continue longer than ten years, and the lands
selected by and conveyed to the company, as aforesaid, shall be in such quan¬
tities and under such conditions as specified in the proviso to the second
section of the act of Congress, entitled " An act to grant a certain quantity of
land to aid in the improvement of the Fox and Wisconsin Rivers, and to con¬
nect the same by a canal, in the Territory of Wisconsin," approved August
8th, 1846 : Provided, that any person who may have acquired the right of
pre-emption, under the laws of the state or the United States, to any portion
of said lands, or has settled thereon in his own right, prior to the passage of
48
this act, shall he entitled to purchase the same of said company at the minimum
price of one dollar and twenty-five cents per acre, at any time within three
months after said lands shall be selected by the company, and notice of said
selection published in a newspaper printed at the seat of government of the
state; and in all cases of contested claims to such right of pre-emption, the
judge of the County Court is hereby authorized and empowered, either in
term time or vacation, to take proofs and hear, try, and determine such right,
in the same manner as the register of the State Land office is now authorized
to do by law, and subject to an appeal to the Circuit Court, as now provided
by law for appeals from said register. And it shall be the duty of the Gov¬
ernor to take every necessary means to obtain, at an early a day as possible,
the lands heretofore selected, and such as may hereafter be located by the
company for the balance of the grant in aid of said improvement.
Sec. 5. In all proceedings against the state for damages or other claims on
account of said improvement, the award or decree of which, bj^ the terras of
this act, would have to be paid by the Fox and Wisconsin Improvement Com¬
pany hereby incorporated, the said company shall be made a party to said suit,
and shall have all the rights and privileges of a defendant therein: Provided
expressly, that nothing contained in this act shall be construed as an admis¬
sion of any indebtedness or liability on the part of or against this state, grow¬
ing out of or connected with any contract heretofore made for the construction
or repair of any of the works of improvement on the Fox and Wisconsin
Rivers.
Sec. G. This act shall be a public act, and shall be liberally construed in all
courts of jurisdiction; and the state solemnly pledges its faith to confer, by
future legislation, all such powers as may be found necessary to enable the said
corporation to carry into full effect the fair and obvious intent and meaning of
this act.
Sec. 7. This act shall take effect from and after the full organization of said
association, and the giving and filing of the bonds hereinbefore mentioned, and
thereafter all acts and parts of acts contravening the provisions of this act,
shall cease to be of force; and provided, that after this aet takes effect as
aboye, the " Board of Public Works" shall continue to exercise the duties re¬
quired by law for the period of thirty days, so'far only as to audit and allow
all claims and demands for work done, and services performed, by direction
and employment of said board, and the claims so allowed shall constitute a
portion of the debts and liabilities to be paid and discharged by the said com¬
pany, according to the provisions of this act and the obligations of their said
bonds: And the said company shall pay to each of the members of said board
the compensation now allowed by law, for the time they may be engaged in
auditing and allowing said claims; after the expiration of said thirty days, the
duties of said board shall cease, and no compensation whatever shall be al¬
lowed for any services claimed to have been rendered thereafter. And after
the property, surveys, plats, maps, profiles and estimates, belonging to said im¬
provements, are delivered to said company, and a receipt therefor is given and
filed, as provided in the third section of this act, the duties of the register and
receiver of the State Land Office shall cease in like manner.
Sec. 8. The state may become the owner and proprietor of the works of im¬
provement constructed under this act, and of the whole works of improvement,
49
at any time after twenty years, upon paying to said association, or their as¬
signs, the actual costs expended by said association in the construction of said
improvement, over and above the avails of the grant of land by Congress, and
applied or received by said company to aid in said improvement, the said lands
to be estimated at the rate of one dollar and twenty-five cents per acre.
Sec. 9. That the grant made in this act to said company is expressly intended
to aid them in the construction and completion of the said Fox and Wisconsin
Rivers Improvement; therefore, until the said improvement is completed as
contemplated in this act, no part of said grant shall be diverted to any other
object. H. L. Palmer, Speaker of the Assembly.
Timothy Burns, President of the Senate.
Approved July 6th, 1853.
Leonard J. Farwell.
The second, third, and seventh sections of the act, requir¬
ing the parties composing the said association to give certain
bonds and file releases of contractors, were duly complied
with, as appears by the following certificate of the Secretary
of State:
State of Wisconsin, )
Secretary}s Office, ss. )
I, Charles D. Robinson, Secretary of State of said State, do hereby certify
that Mason C. Darling, Otto Tank, Morgan L. Martin, Edgar Conklin, Benja¬
min F. Moore, Joseph G-. Lawton, Urial H. Peake, and Theodore Conkey, have
each filed in my office a bond, in the sum of twenty-five thousand dollars, pay¬
able to the State of Wisconsin, and duly executed and conditioned, according
to the provisions of the second section of the Act entitled "An Act to incor¬
porate an association for the completion of the improvement of the Fox and
Wisconsin Rivers." And I further certify that the said company, incorporated
by said act, has filed in my office a release, executed in due form of law, by
White, Resley & Arndt, Morgan L. Martin, William A. Barstow, William
McNaugliton & Co. and Curtis Reed, contractors upon the Fox and Wisconsin
River Improvement, of all claims and demands which such contractors, or either
of them, may have or claim to have against the State of Wisconsin, according
to the provision of the said second section of said act.
In witness whereof I have hereunto set my hand, and affixed the great seal
[L. S.] of the State of Wisconsin, at the capitol in Madison, this
twentieth day of July, A. D. 1853.
CHARLES D. ROBINSON,
Secretary of State.
By Chas. Geo. Mayers,
Deputy.
Whereupon the work has been surrendered to, and taken
possession of by, the present company.
4
50
Up to this period, there had been expended upon the work by
the State, $428,855 83
Of which there had been procured from the sale of
137,517.87 acres of land, $171,897 34
And of which there remained in State indebtedness
Scrip issued under act of 1851, payable in 1862, $89,000 00
" " " " 1852, " " " 57,000 00
Warrants on Treasurer, payable in 90 days, 44,083 85
Accounts for back money, and contracts and other
incidental claims allowed by the Board of Public
Works, 66,874 64
$256,958 49
Total expenditure by the State, *$428,855 83
For the purpose of completing the work, the company re¬
solved to issue bonds to the amount of $500,000, in sums of
$1,000 each; of which bonds the following is a copy:
UNITED STATES OF AMERICA, STATE OF WISCONSIN.
FOX AND WISCONSIN IMPROVEMENT COMPANY.
No. $1,000
Know all men by these presents, that the Fox and Wisconsin Improvement
Company acknowledge themselves indebted to Isaac Seymour and William J.
Averell, trustees, or bearer, in the sum of one thousand dollars, lawful money
of the United States, which sum they promise to pay to the bearer hereof at
the Bank of North America, in the city of New York, on the first day of August,
A. D. 1873, with interest thereon at the rate of eight per cent, per annum, pay¬
able semi-annually at the place aforesaid on the first days of February and
August, in each year, on presentation and delivery of the annexed coupons.
This bond is one of a series of five hundred bonds of one thousand dollars
each, issued for the purpose of raising the sum of five hundred thousand dollars
to be expended in the completion of the improvement of the navigation of the
Fox and Wisconsin Rivers, and carrying on the business of the said company,
providing boats for such navigation, and in redeeming certain obligations for
expenditures already made for such purposes; and said bonds, when issued to
said amount, will constitute the first and sole liability of any description affect¬
ing the property of said company, or any part thereof; and the holder is entitled
to the security to be derived from a certain indenture of mortgage, bearing even
date herewith, duly recorded, on the improvement, hydraulic power, and whole
property of the said company, to Isaac Seymour and William J. Averell, in trust,
to secure the full payment of the principal and interest on said bonds.
* Fox and Wisconsin Improvement Company's Exhibit, dated August 1st,
1853.
51
In witness whereof, the said Fox and Wisconsin Improvement Company have
caused this bond to be attested in their behalf by their president and
£L.S.] secretary, and their common seal affixed, at their office in the town
of Green Bay, in the county of Brown, and State of Wisconsin, this
first day of August, in the year one thousand eight hundred and
fifty-three.
M. CL DARLING, President
J. G. Lawton, Secretary.
Countersignedj wIllumTaverixl.
eight per cent. bond.
The Fox and Wisconsin Improve¬
ment Company will pay the bearer, at
the Bank of North America, New
York, on the 1st day of February,
1854, forty dollars for interest on bond
No. dated August 1st, 1853.
J. G. Lawton, Secretary.
eight per cent. bond.
The Fox and Wisconsin Improve¬
ment Company will pay the bearer, at
the Bank of North America, New
York, on the 1st day of August,
1854, forty dollars for interest on bond
No. dated August 1st, 1853.
J. G. Lawton, Secretary.
To secure tlie payment of these bonds, they executed a
mortgage upon all their property and revenues to Isaac Sey¬
mour and William J. Averell, which mortgage was duly re¬
corded in all the counties in which their lands had been or
were to be located. The following is a copy:
mortgage.
This Indenture, made and executed this first day of August, 1853, between
the Fox and Wisconsin Improvement Company, a corporation duly estab¬
lished and existing under the laws of Wisconsin, of the first part, and Isaac
Seymour and William J. Averell, both of the city of New York, of the second
part.: ^
Witnesseth, that whereas the said party of the first part, at a regular meet¬
ing of its Board of Directors, held according to lav/, did pass the following
resolutions, to wit:
Resolved, That this company negotiate a loan by the sale of its bonds, in the
sums of one thousand dollars each, bearing interest at the rate of eight per
cent, per annum, payable semi-annually, to an amount not exceeding five
hundred thousand dollars, and to become due on the first day of August,
1873, both principal and interest, payable at the Bank of North America in
the city of New York, for the completion of the improvement of the Fox and
Wisconsin Rivtrs, and for the purpose of liquidating certain indebtedness of
the State of Wisconsin on account of said improvement, transferred to this
company by the charter thereof, and for the purpose of aiding it to carry on
its business connected with the use and navigation of the said Fox and Wis¬
consin Rivers.
And that said bonds be signed by the president, and sealed with the seal
52
of tins company, and couutersigned by the secretary thereof, and also by the
mortgagees, in trust, hereafter in the next resolution mentioned.
And whereas, in order to obtain said loan, it is necessary that this company
should give a mortgage upon its property and revenues for the repayment of
the same; it is, therefore,
Resolved, That in order to secure the repayment of the sums so to be bor¬
rowed, by means of the bonds in the foregoing resolution mentioned, there be
executed by the president, and countersigned by the secretary, under the cor¬
porate seal of this company, a mortgage to two persons to be therein desig¬
nated, and to the survivor of them, and to the successors of them, as mortga¬
gees, in trust, for the holders of the said bonds, on all the property of this
company, whether corporeal or incorporeal; and on all the rights of property
of this company,' whether legal or equitable, including the channel or water¬
course of the canals, the right of way in the same, the locks, bridges, culverts,
and all and singular the works pertaining thereto and belonging to this com¬
pany, now made and constructed, or hereafter to be made and constructed;
together with the revenues of the said canals so constructed or to be con¬
structed; and the hydraulic power owned and to be owned by this company,
and all the revenues thereof; and generally all the revenues of the company,
and including, also, not only all the lands granted by the United States to the
State of Wisconsin, which by virtue of its charter have already become vested
in this company, but also all its right, title, and interest, legal or equitable,
which it now has, or may hereafter acquire, in and to the other lands granted
by Act of Congress, approved the 8th day of August, 1846, to the said state,
which by virtue of the said charter is allowed hereafter to become vested in
this company. And also all the right, title, and interest, legal and equitable,
which it now has, or may hereafter acquire, in other lands not granted by the
said Act of Congress, but which by any other Act of Congress, or otherwise,
may be acquired by this company in lieu of the lands or any part thereof so
granted by the said act, approved the 8th day of Angust, 1846, but which
may not have been acquired by this company ; and including, also, the right
of this company to receive from the State of Wisconsin, on the purchase of the
Improvement, as provided in the charter, the purchase money to be paid there¬
for, which purchase money the mortgagees shall be entitled to receive from the
state for the use of the bondholders.
Resolved, That the said bonds and mortgage be dated at Green Bay, on the
first day of August, 1853.
Resolved, That as a further security for the principal and interest of the said
loan, this company will, and the said mortgage is to, provide that it shall pay
over to the said mortgagees the entire proceeds, whether in money or securi¬
ties, as fast as sales are made of lands granted by the United States to the
State of Wisconsin, and of lands received by this company in lieu of lands so
granted, and which shall be hereafter sold by this company. The said mort¬
gagees to execute to the purchasers from this company releases from the said
mortgage on receiving such proceeds; but this company shall be at liberty to
pay with the cash proceeds of such sales the semi-annual interest on the said
bonds to fall due next after the receipt thereof, and the surrender of the appro¬
priate coupons, cancelled, shall be deemed a payment of such proceeds within
this resolution; or this company may invest such cash proceeds in the manner
53
and for the purposes in the next resolution mentioned. And if this company
omit to pay sucli interest with such cash proceeds, or to make said invest¬
ment, then the said mortgagees are to apply such cash proceeds in the pay¬
ment of the semi-annual interest to fall due next after the receipt thereof, and
the balapce of such cash proceeds not thus applied, and the proceeds of the
said lands collected from securities therefor, shall be invested by the said
mortgagees in the manner and for the purposes mentioned in the next reso¬
lution. And if the proceeds of the said sales after payment of interest do not,
after the expiration of one year from the completion of said improvement,
equal the sum of twenty thousand dollars per annum, the deficiency is to be
supplied as in the next resolution provided.
Resolved, That as a still further security as aforesaid, this company will, and
the said mortgage is to, provide that it shall, after the expiration of one year
from the completion of said improvement, pay into the hands of the said mort¬
gagees, or shall cause to be invested in their name, and deliver the certificates
thereof to them, in trust for the bondholders, in the public stocks of the United
States, or in those of any state, paying therefor not exceeding the market
value thereof in the city of New York, or in the bonds of this company, to be
issued under these resolutions, at the par value thereof; the whole tolls re¬
ceived by this company, and rents of the hydraulic power, after deducting ex¬
penses of repairs, and collecting such tolls and rents so to be paid, not to ex¬
ceed together with the balance for the same year of the proceeds of lands men¬
tioned in the foregoing resolution, after payment of interest as therein pro¬
vided. the sum of twenty thousand dollars per annum, to be held by the said
mortgagees as aforesaid, which said sum, or the equivalent thereof in the afore¬
said stocks, so annually set apart or invested, together with the interest there¬
on, to be invested in like manner, shall be held in trust as a sinking fund for
the payment of the said loan. But whenever the said sinking fund shall have
reached in amount the principal of the said bonds then outstanding, then this
company will no longer pay either the proceeds of the sales, or their tolls or
rents to the said mortgagees, who shall, on request by said company, release
the residue of the lands derived from the United States under its charter from
the said mortgage, and shall apply the income annually of the said fund to the
payment of the interest to accrue on the said bonds until the maturity thereof;
then reconvey all the remainder of said sinking fund, if any there should be
after paying the residue of said bonds, to this company, and the said mortgage
shall thenceforth be null and void.
And whereas, there have been executed by the said party of the first part
under its corporate seal, and signed by the president thereof, and counter¬
signed by the secretary thereof, and by the said parties of the second part
hereto, five hundred bonds of the tenor and effect prescribed in the foregoing
recited resolutions for the purposes therein mentioned.
Now, therefore, in pursuance of the foregoing resolutions, the said party of
the first part, doth hereby in consideration of the premises, give, grant, bar¬
gain, sell and convey unto the said parties of the second part, all the property^
rights of property, and interest therein of every kind and nature, of the said
party of the first part, to the same extent as they are mentioned in the said
resolutions or either of them, and as fully as if the same was here again de¬
scribed and repeated.
54
To have and to hold to the said parties of the second part, their survivor
and their successors, for the purposes expressed in the said resolutions, as
mortgagees, in trust for the holders of the said bonds, and as security for the
payment of the principal and interest of the said loan therein contained.
It is hereby provided that until failure to pay the interest on said bonds
and to pay the principal at maturity, or to pay over as provided in said reso¬
lutions the proceeds of the said lands, or the rents and tolls; the said party
of the first part shall have the sole right to the possession, management and
control of the said mortgaged property, and of the receipts and revenues there¬
of, as if this instrument had not been made. But if the party of the first part
shall fail to pay, or cause to be paid, the interest on the said bonds, or any of
them, for the period of sixty days after it becomes due, there being no cash
proceeds of lands in the hands of the mortgagees applicable to that object ac¬
cording to the foregoing resolutions, or shall fail to pay over to the said par¬
ties of the second part, the entire proceeds of lands in money or securities, as
provided in the said resolutions, or to pay the income from tolls and rents as
therein provided ; it shall be the duty of the said mortgagees, or either of
them, or the survivor or successor of them, on being requested in writing by
any of the said bondholders by the proper proceedings at law or in equity, to
cause the said property herein conveyed to be sold for the benefit of the said
bondholders, and with the moneys arising from such sale, after deducting costs
and expenses, to pay and discharge the principal and interest, due and owing
upon said bonds pro rata, rendering the surplus, if any there shall be, to the
said party of the first part.
And it is also provided that in case of the purchase of the said improvement
by the State of Wisconsin, according to the provision of said charter, the
moneys to be paid therefor by the said state, shall be paid by the said state to
the said parties of the second part, their survivor or successors, for the use of
the said bondholders, to such extent and amount as shall, together with the
sinking fund in the said resolutions provided for, be sufficient to discharge all
principal and interest then due or to grow due on said bonds, but the balance
to be paid to the party of the first part.
It is also further provided, according to a resolution of the said Fox and
Wisconsin Improvement Company, that in case of the death or resignation of
any or all of the said mortgagees, it shall be the duty of the said party of the
first part, to appoint, within thirty^ days after notice of such death or resigna¬
tion, another mortgagee or mortgagees in his or their stead, said appointment
to be confirmed and approved by the Supreme Court of the State of Wiscon¬
sin, or a justice thereof.
In witness whereof, the said party of the first part has caused these presents
to be executed by its president, and countersigned by it3
secretary, for this purpose duly authorized, and the corporate
[seal.] seal of said company to be hereunto affixed, at Green Bay,
this first day of August, in the year eighteen hundred and
fifty-three.
M. C. DARLINGf, President.
J. Gf. Lawton Secretary..
55
To show the validity of this mortgage, and of the bonds
thereby secured, the following legal opinion is inserted:
OPINION.
I have examined certain bonds, to the amount of five hundred thousand
dollars, executed by the Fox and Wisconsin Improvement Company, payable
to Isaac Seymour and William J. Averell, or bearer, and a mortgage executed
by the same parties to secure the payment of said bonds. I am of opinion
that the said bonds are valid obligations, and that the said mortgage consti¬
tutes a valid and effective lien on all the property and rights of said company
mentioned therein.
A. C. BRADLEY, 62 Wall street.
New York, Sept. 5th, 1853.
The company, as we have already mentioned, expect to
complete their wrork so as to open navigation in the begin¬
ning of the next summer.
They have made preparations for the transportation of
passengers and freight by the purchase of one steamboat,
and the hull of another, the engine for which is constructing
at the foundry in Green Bay.
Five barges have been contracted for, two of which (of
ninety tons custom house measurement) have been built and
delivered. The remainder are to be of the full size which the
locks are calculated to pass.
The company, also, are building wharves at Green Bay,
which, with the land attached for buildings, ship yards, &c.,
cover over six acres of ground. Their water line is 416 feet
on the open front of the river, and extends 800 feet back
along a slough. Here the wharves enclose a basin. Upon
them a warehouse 80 by 50 feet, and four stories high, is in
progress of erection. The steam engine for elevators is also
being constructed.
The season of navigation is expected to extend from the
middle of April to the first of December.
The cost of navigating each barge is calculated at $7 50
per diem, with two trips weekly to ports on Lake Winne¬
bago.
The cost of towage of two barges will be from $15 to $20
a trip.
56
The tolls to be charged were fixed by the Board of Public
Works, May 5th, 1851, and are as follows:
Cents.
Merchandize, per ton, - - - - - -10
Machinery, 06
Provisions, - - - - - - - -10
Grains of all kinds, per ton, ..... 04
Carriages, each, - - - - - - -12 1-2
Flour, per 100 bbls. ...... 40
Hay and Fodder, per ton, - - - - - - 08
Furniture, - - - - ■ - -10
Iron, pig and scrap, - - - - - - - 02
" Cast and wrought, per ton, - 04
Lime, common, " - - - - - 04
Lead, sheet and roll, u - - - - 03
" pigs and bars, " - - - • 02
Molasses, hhds. and bbls. " - - * * 04
Marble, unwrought, " - - - - - 04
" wrought, - - 08
Mill stones, per ton, - - - - - - -05
Nails, " ------ 03
Salt, " 03
Sugar, hhds. and bbls. per ton, ----- 04
Sleds and sleighs, each, - .- - - - - 10
Spirits, excepting whiskey, - - - - - 10
Whiskey, - - - - - - - -05
Wool, -------- 05
Staves, per 1,000, - - - - - - - 03
Lumber, per 1,000 feet, ------ 03
Timber, per 100 cubic feet, - - - - - - 02
Brick, per 1,000, ------- 04
Clay per 100 cubic feet, - - - - - - 01
Stone, per cord, - - - - - - - 01
Wood, " .......oi
Rails and stakes, 100 pieces, - - - - 04
Logs, per 1,000 feet, - - - - - - 02
Sheep and hogs, - - - - - - 02
Cattle, each, - - - - - - -05
Horses, " 10
Passengers, " - - - - - - 01 1-2
Vessels, " - - - - - - - 25
Steamboats, " ....... 25
Durham, " ...... 12 1-2
Scow, " - - - - - - - 12 1-2
Small, " - - - - - - 12 1-2
The company are of opinion that propellers, properly
constructed, may be used with advantage over the waters of
the improvement to Lake Winnebago.
Their improvement throughout its entire length will be
open to general navigation.
THE LANDS OF THE FON AND WISCONSIN IMPROVEMENT CO.
The original grant of land by Congress to the State of
Wisconsin, has already been given in this report. At the
57
time when the state ceded the improvement to the present
company, they had received 208,303.69 acres of land, of
which they sold 137,617.87 acres during the prosecution of
the work.
By the terms of the original grant, they were entitled to
receive a much larger quantity of land, but Indian reserva¬
tions and private claims had covered the balance of lands
intended to have been conveyed to the state. Application,
however, had been made to Congress for the privilege of
selecting the balance to which they were entitled, from other
portions of public lands remaining unsold.
The condition on which the state conveys these lands to
the present company is, that they shall first extinguish the
state indebtedness on account of the improvement. That is,
the company are to receive the lands at the rate of one acre
to every $1 25 of state indebtedness which they shall depo¬
sit with the State Treasurer. When the whole of the in¬
debtedness shall have been paid by the present company, all
the remaining lands embraced in the grant made, and to be
made by Congress, shall become the property of said com¬
pany, and all the lands so conveyed shall be exempt from tax¬
ation for ten years, or until after the same shall have been
sold, leased, or improved by the company.
The company have already extinguished, of state indebt¬
edness, (as appears by the statement of their accounts here¬
tofore published,) $118,381 21, and are entitled to receive
for the same, the balance of public lands held by the state,
at the time of the grant.
In their Exhibit, dated August 1st, 1853, they estimated
the value of these lands, as follows:
40,000 acres of farming land, at $5 $200,000 00
29,107.24 " " low meadow lands, 36,384 00
Of the additional lands expected from the ap¬
plication to Congress, 60,000 acres had been
selected by the state, which were mostly cov¬
ered by pre-emption rights,* at $1 25 75,000 00
* It is ascertained that not more than half of these lands are covered by
pre-emption rights.
58
The remaining lands, if accompanied with a
privilege of selection from any unsold lands
in the state, they valued at $5 to the acre.
Congress has since made the grant of 147,-
655.67 acres, which would amount, at $5, to $738,278 35
Total value of lands, securing the mortgage
bonds of $500,000, $1,049,662 35
One year after the publication of their Exhibit, the follow¬
ing act was passed by Congress.
An Act to authorize the State of Wisconsin to select the residue
of lands to which she is entitled under the Act of the eighth of
August, eighteen hundred and forty-six, for the improvement
of the Fox and Wisconsin Rivers:
Be it enacted by the Senate and House of Bepresentatives
of the United States of America, in Congress assembled,
That the Governor of the State of Wisconsin is hereby au¬
thorized to cause to be selected, the balance of lands to which
that state is entitled, under provisions of the act of the eighth
of August, eighteen hundred and forty six, granting land to
aid the Territory of Wisconsin in the improvement of the
Fox and Wisconsin Bivers, and to connect the same by a
canal, out of any of the unsold public lands in said state, sub¬
ject to private entry, at one dollar and twenty-five cents per
acre, and not claimed by pre-emption; the quantity to be
ascertained upon the principles which governed the final
adjustment of the grant to the state of Indiana, for the Wa¬
bash and Erie Canal, under the provisions of the act of Con¬
gress, approved the ninth of May, eighteen hundred and
forty-eight.
Approved August 3d, 1854.
Whereupon the following communication was addressed
to the Governor of the State of Wisconsin:—
(Copy.)
General Land Office, August 23c?, 1854.
To his Excellency William A. Barstow,
Governor of Wisconsin) at Madison.
Sir :•—I have the honor to communicate the following
statement of the quantity of lands which the state will be
entitled to select in full satisfaction for the grant for the
59
improvement of the Fox and 'Wisconsin rivers, nnder the1
amendatory act of 3d August, 1854, entitled, " An Act to
authorize the State of Wisconsin to select the residue of
lands to which she is entitled under the act of the eighth
of August, eighteen hundred and forty-six, for the improve¬
ment of the Fox and Wisconsin Fivers."
The length of the north shore or left bank of the canal
at the Portage, the Fox Fiver from its mouth to the canal,
and the lakes through which it passes, is found from the
actual meanders and measurements on the Miles. Chs.
township plats, in this office, 190 67.69
The length of the south shore or right bank 242 35.58
Total, 433 03.27
Making the main length, 216 51.64
Which at the rate of 3 sections, or 1,920 acres to the mile,
makes the area of the whole grant, 415,959.36 acres.
On account of which it appears, from
the records of this office, that there
has been selected and approved to
this date the quantity of 208,303.69 u
Which, being deducted, leaves yet to
be selected in full satisfaction of
the grant, 207,655.67 "
As provided by the Act of 3d of August, 1854, " Any of
the unsold public lands in the state, subject to private entry
at one dollar and twenty-five cents per acre, and not claimed
by pre-emption," are liable for selection for the above quan¬
tity, and I have accordingly this day instructed the land
officers throughout the state to respect such selections when
returned to them by your duly authorized agents, whom I
have to request may be instructed not in the aggregate to
exceed the amount above specified.
Fair copies of the lists, immediately after the selections
shall be completed, should be transmitted to this office,
which will be examined and approved if found correct, and
certified copies thereof, under seal of this office, will be
60
returned to you, in order that the grant may be adjusted at
an early day. Your obedient servant,
(Signed) John Wilson, Commissioner.
It is proper to add, that the state claims from the land
commissioner another interpretation of the Act of Congress
than what he has given to it. It is contended on the part
of the State of Wisconsin, that it should be allowed for sec¬
tions of land on both sides of such new channels of the Fox
River as have been cut to avoid the rapids of that stream,
and that all the sections should be five miles in depth, in
" accordance with the principles which governed the final
adjustment of the grant to the State of Indiana for the
Wabash and Erie Canal."
This interpretation would give to the company an addi¬
tional quantity of 300,160 acres. The company are legally
advised to take possession of this quantity, and hold it until
their title is finally adjudicated.
The company are now engaged in selecting the lands re¬
ceived from the additional grant by Congress. The greater
part of them will be located on the line of a projected rail¬
road from Green Bay to St. Paul direct, which has been
chartered by the State of Wisconsin. The position of these
lands are shown on the maps accompanying this report.
In regard to my own opinion of the value of these lands,
I cannot do better than to extract the following description
from my last report:
The general characteristic of the lands throughout the counties traversed by
the Fox River, is an unbroken surface of arable and fertile soil, excepting in the
marshes. These latter, however, in most instances are susceptible of drainage,
and will, in time, rank among the valuable lands of the State. The staple pro¬
duction is wheat, but the soil is adapted to all the other grains. Its climate
closely resembles that of New York. In regard to the general health of the
country, it is equal to that of any other section throughout the states.
The counties lying along the Fox River, and the lakes on which the lands grant¬
ed to the improvement, are located, and those from which its further selections
are to be made, are Brown, Ontagamie, Calumet, Fond du Lac, Marquette, Colum¬
bia, Winnebago, Waushara, and Waupaca. The last is valuable for its pineries.
In Brown the surface is mostly level, and but little waste land can be found.
It is heavily timbered with maple, beech and birch, and partly with pine, hem¬
lock and the larch.
In Ontagamie, we have the same continuation of level surface. Its soil
along the line of the improvement is red clay underlaid with limestone, very
61
fertile, and adapted to raising all kinds of winter grain. It is generally covered
with a heavy growth of' maple, elm and hickory. There is little or no waste
land. The same description can generally be applied to Calumet, except that
its surface is on the dividing ridge between Lakes Winnebago and Michigan,
and consequently more elevated and broken than the other counties.
In the western portion of Fond du Lac County, the land is rich and produc¬
tive everywhere. The surface is generally level, and the soil of clay and loam,
underlaid with limestone. The same description will apply to the eastern
portion of Marquette County, which comprises some of the best farming lands
in the state. In both, the burr oak openings and prairie lands are numerous
and extensive. Its western section has a more sandy soil.
In Columbia County, we also find a sandy soil. Its openings, however, and
prairies are extensive, and the general character of its lands for fertility and
easy cultivation is nowhere excelled.
In Waushara County, the lands continguous to the Fox are more or less
sandy. Its soil is said to be of good quality, particularly in the interior.
In Winnebago County, we find a level surface with openings, prairie and
marsh. Its soil is well adapted to all farming purposes.
These counties will compare favorably, as to their productive capacity, with
any other section of country.
AVith this general description, I proceed to remark, in relation to the esti¬
mate which has been made by the company of the value of the lands which
are to be conveyed to them on account of this improvement, that, while it may
reasonably be expected that the rapid settlement of the country which has
taken place since the improvement was commenced must have materially en¬
hanced the value of its remaining lands, it must at the same time be borne in
mind that a large portion of them is the remnant of previous selections. Now,
although it is true that farming lands throughout these counties are worth from
five to ten dollars per acre, and that pre-emptions had been made on many of
the company's lands which were not claimed in time to make them valid,
which in reality are worth these prices, yet it would be unreasonable to expect,
in the unfinished state of the improvement, a sale of 40,000 acres at $5 to the
acre. The total sales, at present, I think cannot be relied upon for a greater
amount than $25,000 annually. After the improvement is completed, and
after the application of the company to Congress has been acted upon, the
sales could be extended probably as far as would bo thought proper.
In regard to the estimate of meadow land, by which is meant principally the
marsh lands along the Upper Fox, I would say that a portion of them (for
which I could obtain no data for an ostimate) is irreclaimable marsh. Others
of them are more elevated, and of value greater than the upland. The ex¬
cavation of the dredge has drained many of them, and made them very valu¬
able. To judge of them by what I noticed on my passage along the Upper
Fox, I should not think the estimate an extravagant one.
In regard to the other estimates, if the company are allowed to make their
own selections, 1 have no doubt, from the information which I have acquired,
that the amount estimated will be realized. The pineries along the Wolf and
the Wisconsin Rivers are already worth these prices, while any farming lands
that may be selected, must, on the completion of this improvement, be valued
at the same rate.
62
If asked whether, upon the completion of this improvement at the specified
time, the lands properly selected and brought into market during the course of
the next ten years, would be sufficient to repay the loan sought to be made
with interest, I should answer in the affirmative.
The next subject to which you have directed my attention, in connection
with this improvement, is the value of
ITS WATER POWER.
This, as may be inferred from what has heretofore been said, lies mainly on
the Lower Fox, at the different rapids on that stream. There is an additional
power from the canal joining the Fox and the Wisconsin Rivers, but this has
been already leased by the state, for the yearly rent of $275. Additional
water power can also be created by a dam and lock between lakes Buffalo and
Puckaway on the Upper Fox, the use of which would probably pay for the
improvement.
An important fact should be taken into consideration in estimating its value,
and that is the general scarcity of water power in the west. There, the
mountains and the rapid streams of the Atlantic states are alike wanting. In
their stead is to be found an immense extent of unbroken arable and fertile
soil, and the adaptation of the rivers to float away its products in the gentle
descent of their beds and the immense reach of their navigable waters.
According to the Wisconsin Gazetteer, " the water power of the Fox River
13 equal to, if it does not surpass, any other in thewest. It is a natural one
of great magnitude; but when the improvement and other public works are
completed, it will be unlimited in power and extent."
Again " woolen, flax, and cotton mills, will soon become fixed facts in Wis¬
consin. The raw material for the two former will be among the most profita¬
ble productions of her agriculture, while the supply of cotton through the
channel of the Mississippi will be more direct, safe and easy than by sea to
towns on the Atlantic borders.
Saw mills will also afford a profitable use for this water power. There are
extensive pineries in the upper third part of Wisconsin. The Wolf River al¬
ready discharges upwards of 25,000,000 feet annually.
Articles for domestic use will also be largely manufactured. The heavily
timbered woods along the Lower Fox will furnish supplies of maple, elm, oak,
ash, hickory, basswood, white poplar, and the larch.
The most important use, however, that will be made of the water power on
the Lower Fox, will be for flouring mills. The immense quanties of wheat
that are destined to be collected from northern Wisconsin, Iowa, and Minne¬
sota, will be here converted into flour.
The magnitude of the water power on the Lower Fox
may be calculated from the fall of the stream, which is 170
feet, and the minimum supply of its water, which we have
seen is 139,236 cubic feet per minute.
"With no other allowance than 5 per cent, for the possible
extent of its lockage, we should have (139,263 —3"3^236 ><
62,33 X 170— 33.,000=) 42,471 horse power,
63
For a better understanding of its value, we will examine
it at the various points wliere it may be applied as a motive
power.
At Heenah and Menasha, the water power bas been granted
by the state in consideration of the construction of the dams,
canals and locks for the two channels of exit from Lake
Winnebago. The enlargement, however, of those at Me¬
nasha, has since required an additional expenditure by the
company. The actual saving of cost to the company in the
construction of these works, may be assumed at $40,000 00.
At Des Peres, there is a lockage of 8 feet.
Here, also, the water power was ceded in
consideration of the erection of a dam and
lock. The saving in cost to the company
may be estimated at $20,000 00
Received for 18 out of 170 feet head of water, $60,000 00
From these data, the whole value of the water power on
the Lower Fox may be roughly estimated at $500,000 00.
At the Grand Chute, (the next rapids below Winnebago,)
a crib work, 12 feet in width on the top, loaded with stone,
and bolted to the bare rock, reaches from the southerly wing
of the dam to the head of the first lock, a distance of about
1,000 feet. This crib work will sustain a head of 16 feet of
water. It is provided with flumes for milling purposes.
The quantity and head of water at this point would yield
4,000 horse power. Its useful effect, without the allowance
of leakage from the dam, would be equal to driving 444 run
of stone, that would make 22,200 barrels of flour daily,
using 100,000 bushels of wheat.
At an annual rent of $100 for the suppty of water to each
run of stone, or an equal quantity for other purposes, and
supposing the demand equal to the whole quantity, the
revenue would be $44,400 yearly,—equal to an interest of 8
per cent, on a principal of $555,000.
It is unnecessary to extend the same figures to the other
works of the improvement. Suffice it to say, that the ar¬
rangement of its canals are admirably adapted to furnish
supplies of water at convenient points for its use. With the
64
exception of that granted by the state, it is all in readiness
for disposal immediately upon the opening of navigation.
But mark the results of its use. In the calculation of the
water power at the Grand Chute, we have assumed that $100
would be the annual rent for a supply to one run of stone,
which, in view of the large quantit}' at their disposal, may
or may not be required by the company.
The quantity of flour that would be made from one run
of stone passing through all the locks of the improvement,
would yield a revenue of $1,125 00, (1,500 bbls. at 7 1-2 cts.)
Thus, for one dollar of income, yielded by the water power
for milling purposes, over ten dollars would accrue to the
company for the transportation of its products.
In view of this fact, it is easy to see that the most liberal
policy pursued by the company in the disposal of their
water power, will be for them the most profitable. Although
the conversion of grain into flour may be attended with lit¬
tle increase to their rates of transportation; yet an increase
of population and business would be thereby created, while
the use of this water power for general manufacturing pur¬
poses would, in the developement of the resources of the
country, in the transportation of the ratv and the manufac¬
tured material, and in causing the settlement of a country
in which the company have a large interest from the lands
which they hold, yield to them returns so large as to render
the rental of this power insignificant in comparison.
The result of any estimate which could be made of the
value of this water power, would at present be more curious
than useful. Its amount, however great, would add noth¬
ing to the value of the securities of the company, and it is
questionable how much the rental required would add to its
revenues. In my own humble opinion, it would be as well
for the company to take possession of the lands necessary
for hydraulic and commercial purposes, and hold them open
to improvement for certain manufacturing purposes, at a
cost no greater than their assessed valuation.
I have now, gentlemen, traversed the whole field of in¬
quiry which I could conceive as presenting itself to any who
propose to hold business relations with this company. If
65
there are points which have been overlooked or neglected,
it has not been intentionally done. On the other hand, if
too mnch matter has been taken up, I can only say that it
is impossible for me to give a view of the whole work with
less. Though the pecuniary amounts involved are small
compared with the bulk of our public works, in my humble
opinion, its value is second to none in the results which it
will achieve for the settlement and development of the
North-western States. There, as with us, numerous lines of
railroads will, in the course of time, chequer the country,
and intersect the waters of- the Improvement; but by them
the tide of population and business will be borne in the
territories beyond the reach of its tributary waters, as well
as into those narrower subdivisions of country into which
they have no entrance. To those waters, however, will the
settler look for the carriage of his essential products, through
the nearest avenue that will reach them, though it point to
the east or to the west.
You will hail these railroads, then, as welcome auxiliaries
in the march of improvement; and while allowing them
business to the full extent of their capacity from the produc¬
tions and commerce of a country which can yield them al¬
most to an unlimited extent, you may still calculate that
an undiminished and ever increasing tonnage will be borne
along on the waters of this improvement, which no railroad
will ever seek to disturb.
A great and important trust has been confided to this
company. In view of its magnitude, you will allow me, in
conclusion, to express the fear that my labors have failed to
apprehend it in all its bearings.
I remain, Gentlemen,
Your obd't Servant,
C. J). Westbiiook, Jr.
5
SPECIFICATIONS
OF THE
MANNER OF CONSTRDCTING
a
COMPOSITE LOCK.
General Description.—The lock shall he constructed
of stone, timber, plank, boards and iron. The chamber to
be 35 feet wide at bottom, and 160 feet long between the
gates. The sides to extend 27 feet, including the width of
the breast above the upper hollow quoins, and 39 feet, in¬
cluding the length of wings below the lower hollow quoins.
The head to be an L of rubble masonry laid in hydraulic
mortar, and carried back 12 feet, and further protected by
a slope and protection wall extending from the head of the
lock forty feet on the adjoining banks of the canal, and the
foot by an apron and slope walls, extending to a suitable
distance below, and as may be directed by the chief engineer
having in charge the construction of said lock.
1st Specification.—The lock pit shall be excavated of
such form and dimensions, and the materials obtained from
the same shall be deposited in such place, and laid in such
form as the aforesaid engineer shall direct. Care shall be
taken to excavate the bottom of the pit smooth, and to de¬
posit the earth so that it shall form as large a portion of the
embankment for the lock or for the canal adjoining, as the
said engineer may require.
2nd Foundation.—When the bottom shall be composed
68
of a material which, in the opinion of the engineer, is unsuit¬
able to build upon, or if it be composed of rock, it shall be
prepared to receive the foundation of the structure in such
manner as the engineer, from the nature of the 'case, may
deem necessary. The foundation timbers, except those at
the mitre sill, shall consist of pine, ten inches in depth by
twelve in width, and be of sufficient length to extend at
least one foot beyond the walls of the lock. They shall be
laid so as to cover as near as may be two-thirds of the sur¬
face; and the space between the timbers shall be filled with
fine gravel, well packed and puddled. The timbers under
the lower mitre sill shall'be of white oak laid close together,
and shall cover the whole surface for the space of 8 feet.
The upper surface of all the timber shall be well counter-
hewed, also both sides of the timbers under the sills, and
one side of those at the several courses of sheet piling. The
foundation shall extend one foot above the breast, and also
for an apron from 25 to 30 feet below the wings, in such
form and manner as may be required. In cases where rock
bottom may occur, the foundation timbers shall only ex¬
tend six inches under each wall, be placed at such distances
apart as may be directed, and laid in hydraulic mortar. The
spaces between the timbers in such cases shall be, as far as
directed, filled with rubble hydraulic masonry, or if the rock
shall be sufficiently smooth and even in its general surface,
in the opinion of the engineer, to build the superstructure
upon, foundation timbers may be omitted entirely.
Sheet Piling.—-In all cases where rock does not occur,
there shall be four courses of sheet piling extending across
the foundation, one at each end and one under each mitre
sill. It shall consist of 2 inch pine plank, and extend from
4 to 6 feet below the surface of the foundation timbers ; be
carefully placed with edge close against edge, lined with
inch pine boards, and well spiked to the foundation timbers.
Ditches shall be excavated to receive the sheet piling, and
where it is placed down and secured to the timbers, the space
upon either side shall be filled with fine gravel faithfully
packed and puddled, so as to render the work impervious to
water.
69
The Flooring shall consist of sound pine plank, 2 1-2 inch¬
es thick, covering the whole foundation. The plank shall be
well jointed, and laid with the care required to render the
floor water tight. They shall be laid to break joints as di¬
rected, and be well treenailed to the foundation timbers with
white oak treenails, which shall fill an 11-4 inch bore, and
enter the timber at least 5 1-2 inches. Every plank shall
have two treenails at each end, and as many as one at each
foundation timber in the intermediate distance. The plank
in the chamber of the lock and other parts where a lining
course is to be laid, and from three feet under the walls, shall
be sized true and even, so as to form a smooth surface upon
which to place the lining plank, and front stone of the
masonry.
The Mitre Sills shall be made of the best quality of
white oak timber, 10 inches in depth, and of such form and
dimensions as the engineer may direct. They shall be
framed and jointed in the best manner, and firmly bolted to
the timbers in the foundation or platform under each, with
12 wrought iron bolts, 22 inches long, and 1 1-1 inches
square, properly ragged and headed, or prepared with nuts
.and screws, as may be required. Where rock bottom occurs,
1-2 inch round iron bolts shall be used, split and wedged.
Floor Lining.—The whole area of the foundation be¬
tween the side walls of the locks, and extending from the
breast down to the upper end of the wings, except under
the mitre sill timbers, shall be lined with half seasoned two
inch pine plank of a sound and good quality. They shall
be well jointed, and fitted to the side Avails, the breast, plat¬
form and mitre sills, and so laid as to properly break joints
with the foundation plank, and form a Avater tight flooring.
The ends of the plank shall be laid to meet over the centres
of the foundation timbers, and they shall be well fastened to
them with Avhite oak treenails, 10 inches long, and of a size
which shall fill an inch and a quarter bore. Each plank
shall have two treenails in each end, and at least tAvo at
every 4 feet of the intermediate distance, placed as required.
Cross Sills shall be laid doAvn across the floor, of sufh-
70
cient length to extend 3 inches into each of the side walls,
and be thoroughly fastened to the foundation timbers with
white oak treenails, 2 1-2 inches square, and 20 inches long.
There shall be 14 in the chamber, and two immediately
below the lower gates, which shall be of white oak, 7 inches
deep, and ten inches wide; there shall be also one crossing
between the wings, and one upon the apron, of pine, 9 inches
deep, and 12 inches wide.
Chamber and Breast.—The side walls of the chamber
shall be laid up in dry masonry, and shall be 11 feet wide
on bottom, including the front sill, and carried up on the
inner face with a batir of 1-4 inch to the foot, and carried
up on the back side so that the wall may be 6 feet in width
at the top. The breast wall and head wings shall be built
of hydraulic rubble masonry, and the thickness, height,
length, level and offsets to be such as the engineer may re¬
quire ; and great attention shall be paid to laying up the walls
in a smooth and regular manner, with such bonds as may
be necessary to make them substantial.
The necessary sills, girts and posts shall be placed in
front of the chamber and recess walls, to receive the plank
and boards necessary to make the lock perfectly water tight.
The sills, whenever required, to be bolted to the foundation,,
and the posts to have a sufficient number of anchor bolts
running into the wall to hold them firm to their places.
Quoin Posts to be inserted in the walls, with at least
three anchor bolts to each post.
The chamber to be lined with two courses of plank¬
ing, the first (two inch) to be placed longitudinally, the
edge of each plank to be jointed, and the plank to be laid so
as to break joints, and shall be well treenailed to the side
posts of the chamber with white oak treenails, which shall
fill a 1 1-4 inch bore, and enter the posts at least six inches.
Every plank shall have two treenails in each end, and as
many as two in each post in the intermediate distance. The
outer surface of the planking shall be made true and even7
in order to receive the second course.
The second course to consist of 1 1-2 inch plank, to be
well jointed, and to be placed perpendicularly in front of the-
71
first course of planking, and to be secured to the coping,
girts, sills and intermediate points by a sufficient number
of 4 1-2 inch and 6 inch spikes.
The coping to be white oak timber, at least nine inches
in thickness, and not less than fifteen inches in width, mor¬
ticed to receive the heads of the chamber and quoin posts,
and connected with a timber in the rear of the lock by
white oak ties 4 by 8 inches.
Gates.—The frames of the gates shall be constructed of
white oak timber, which shall be selected with great care,
in order to obtain the best quality. The timber shall be
planed throughout, and the cross ties shall be framed into
the heel and mitre posts, with double tenons of such dimen¬
sions as may be required. The bars and posts shall be
bound together with wrought iron straps and balance rods.
The lower ends of the heel posts to be banded with wrought
iron bands. The heel posts to rest and turn upon sockets
and pivots made of the best cast iron. All the wrought
iron shall be either American or Swede of the best quality.
The gates shall be planked with the best quality of well
seasoned two inch pine plank, to be perfectly jointed and
grooved to receive a white oak tongue not less than 11-2
inches wide by half an inch thick, and well fastened to the
bars with 6 inch spikes. The upper portion of the gates to
top water line, shall be well painted with two good coats of
white lead and oil.
The shape and dimensions of the timber and iron, also
the manner of putting them together, and the preparing and
putting in the necessary slide gates, and the preparations
for the valve gates, shall conform to the direction of the en¬
gineer. The valve gates, and the putting them in their
places, not to be included in the work.
All the timber shall be cut, hewed or sawed as may be
required, and set up under a suitable covering, in the man¬
ner best calculated to' promote its seasoning, as soon as may
be after signing the contract to which these specifications
are attached.
Head Fenders.—One upon each side shall be connected
72
with, and extend from the head of the lock in an oblique
direction to the banks of the canal, to form a convenient en¬
trance to the lock and serve to protect it.
Sluices on Waste Weirs.—Wherever, in the opinion
of the engineer, it shall be necessary to construct a waste
weir or sluice around any lock, it shall be built of such
form and dimensions, and of such materials as may be re¬
quired, and the work shall be paid for at the same prices as
other work of a like character, according to the terms of the
contract to which these specifications are attached.
Embankment, Excavation, Lining, Puddling, &c.—
A width of three feet of the embankment next to the wall
of the lock, shall be composed of clean gravel. A puddle
wall of suitable loam and gravel ten feet wide, and 55 feet
transversely of the canal, shall be carried up from the foun¬
dation to the top of the lock immediately above the breast,
and the form and the dimensions of the embankment re¬
quired for the lock and for the canal above and below it,
in the section connected therewith, shall be such as the en¬
gineer may direct. Such of the materials composing said
embankment, as are not obtained from the lock pit or sluice
channels, or from the prism of the canal within one hun¬
dred feet, shall be measured and estimated as embankment,
and all the materials excavated from the pit, sheet piling,
ditches or sluice channels, or which may be excavated from
the prism or bank of the canal or mucking ditches, or to
make room for lining or puddling, or for slope wall or
docking, shall be measured and estimated as excavation.
When earth necessarily excavated, is not removed more
than one hundred feet to form the adjoining bank or banks,
no estimate for such embankment shall be made.
When materials for lining the canal, or face of the bank,
are obtained from the same place as other parts of the same
bank, they shall be estimated as embankment only; but
when obtained elsewhere, they shall be counted as lining,
and deducted from the embankment in which they are
placed.
The materials contained in the puddling shall also be de¬
ducted from the embankment in which they are placed, and
73
estimated as puddling only, which is to include both the
furnishing of the materials, and the labor of puddling them
after they are delivered.
When the materials necessarily excavated for the lock
pit or canal, are not sufficient to form the adjacent bank or
banks, materials necessary to complete the same shall be
taken from the nearest surplus excavation, or such other
place as the engineer may direct, and all the excavation,
embankment, lining or puddling, which may be required to
complete the lock, and the section of canal connected there¬
with, or for changing the course of any contiguous stream,
shall be executed of such shape, and in such manner as the
engineer may require.
All slope or protection walls, docking or hydraulic rub¬
ble masonry, which the engineer may deem necessary in any
part of the work, in order to perfectly complete and protect
the same, shall be constructed of such form and dimensions
as he shall direct. There shall be placed in the walls of the
lock, six snubbing posts, in such manner and position, and
of such size as may be required.
All expenses incurred in the construction of coffer dams,
in the removal of the same, and for bailing and pumping
water, and all other contingent expenses which may be
necessarily incurred during the progress of the work, in
order properly to execute it, shall be considered as inclu¬
ded and provided for in the prices of the various materials
enumerated in the annexed contract, and no other allowance
shall be made therefor.
For a more full and perfect explanation of the form and
dimensions of the materials and parts, and of the manner of
constructing the lock, and other work embraced in the an¬
nexed contract, in all its details, plans with bills of timber
and iron will be furnished by the engineer in charge of the
work, who will also give such directions from time to time,
during the progress of said work, as shall appear to him
necessary and proper, in order to make the work in every
respect complete and perfect, on the plan contemplated in
the foregoing specifications; and the said plans, bills of mate¬
rials and directions shall in every respect be complied with.
74
At least 18 inches in depth, and extending back 5 feet
into the wall, from the inside face, and also a space of about
4 feet square, about each hollow quoin post, and such other
parts as may be required by the engineer, shall be laid in
hydraulic cement.
No cement shall be used in any part of the work, until it
has been approved of by the engineer, or some one acting
under him. If sand of sufficient purity is not obtained
from the natural bank, it shall be washed or screened, until
all loam, gravel, or other improper matter shall be removed.
The walls are to be carried up as nearly as possible in regu¬
lar courses, and shall be composed of headers and stretchers,
in such proportions as the nature of the stone may admit.
OTHER DESCRIPTIONS OF THE WORK.
The hollow quoins are cut from a stick of white oak, 26
by 24 inches. The quoin posts are of white oak, 14 by 16
inches. The mitre posts are of white oak, 14 by 14 inches.
The lock gates are suspended and swung on the plan of
McCarthy's patent improvement for opening and closing lock
gates, as used on the Monongahela navigation. By this
patent, the balance beam is entirely dispensed with; the
gates are opened or closed, by means of capstans placed upon
the walls of the locks, in one minute of time. There are
three paddles in each leaf of the gates. Each paddle is 4 by
2 8-4 feet, making an opening of 66 square feet, in each pair
of the gates; swung on journals on the posts between the
bars, and opened by a rack and pinion jilaced in the upper
bar of the gates; calculated to fill the lock in one minute
and a half.
The angle of the mitre sill timbers is 134° 40'.
The bottom width of the canal, is 100 feet. Its depth is
5 feet.
The reaches between the locks are of such size, as not to
lower the water more than two inches, by the loss of a lock
full.
There are no culverts under the canal.
There are two waste weirs, one at Little Chute, and one
at the Kaukalin.
0. 0
eces
48
18
.20
2
4
2
19
2
12
20
12
4
12
2
16
2
98
.96
2
2
4
4
4
4
4
4
8
4
28
16
4
N. I
75
OF TIMBER, PLAXK AND IROX FOR A COMPOSITE LOCK
OF TEX FEET HIGH.
WHERE USED.
Pine Foundation to upper and lower
recesses and breast,*
Oak-
Pine " Chamber and below,*
Oak mitre sills,
a
a
tt
u
Pine cross floor timber,*
a a a
PLANK AND BOARDS IN FOUNDATION.
Pine 1st course on Foundation,*
a 2d " "
li 4 courses sheet piling,
Oak sills and girts in recesses,
chamber,
(I
it
it
it
a
a
tt
a
a
it
it
it
it
a
it
tt
u
u
u
11
Coping in recesses,
" chamber.
below lower recess,
Anchor timbers,
Posts in chamber and recesses,
a
it
it
tl
corner upper
" lower
U
It
li
For hollow quoins,
U U
a it
Blocks on top of gates,
GATES.
Oak mitre posts,
" Quoin,
" Cross bars at top and over paddles,
" " bottom,
(( a
" Paddle studs,
" Spars to shut gates,
PLANK AND BOARDS.
Pine 1st course on sides,
a 2d " "
" On nates
"fcr
5* <D
G o
O ^
Width
Inch.
Depth
Inches.
64
10
12
64
10
12
61
10
12
40
16
10
20
16
10
n
18
10
36
10
. 8
44
10
8
n
2
2&1
24
14
10
30
14
10
28
14
10
29
18
9
28
15
9
18
20
9
29
10
8
18
10
8
4
10
8
7
10
8
19
12
12
19
20
10
20
6
9
20
13
13
20
13
15
41
18
24
20
14
14
20
14
16
20
10
14
20
12
14
20
8
12
4
15
14
28
8
8
2
20
li
2
Cubic
feet.
Pine.
Oak.
2,560
960
6,100
89
89
19
380
49
9,089
1,157
Board
Meas.
38,625
12,785
3,840
55,250
280
483
327
121
315
45
258
20
218
762
38
53
30
94
108
54
3,206
109
124
156
93
373
93
50
998
Board
Meas.
14,800
11,100
0 f)>79
-In case of a rock foundation, the pieces marked * are dispensed with, leaving 19T
t oak.
76
%>
t
No. of
Pieces.
"WHERE USED.
XS
•
tc +*
■5. ®
ft m
Cubic
feet.
C -j
ft
ft G
p—(
Pine
Oak.
20
6
60
Oak Fender planks, upper gates,
" Tongues,
" Ties,
U it
14
8
6
2
1
2
5
5
00 00
310
150
160
1,206
27,972
1,826
RECAPITULATION.
Ft. board Meas.
Cubic feet.
Pine.
Oak.
Pine.
Oak.
Foundation,
Chamber, recesses, &c.,
Grates,
Total,
WHEN ROCK BOTTOM OCCURS.
Foundation,
Chamber, &c.,
Gates,
Total,
55,250
25,900
2,072
1,366
460
9,089
1,157
3,206
998
83,222
1,826
9,089
5,361
25,900
2.072
1,366
460
•
197
3,206
998
27,972
1,826
4,401
No. of
Pieces.
WROUGHT IRON.
: Length
in Inchs
Inches.
Inches,
Pounds.
40
Round sill bolts,
20
14
276
24
" Mitre sill bolts,
20
12
237
8
" Hollow quoin bolts,
84
14
231
8
Flat anchors to same,
20
2
2
44
72
Round chamber and recess bolts,
72
14
1,780
403
72
Flat anchors to same,
20
2
2
4
" Heel post bands,
50
2
n
4
91
40
" " straps,
98
22
5
"8
1,717
40
" Mitre " "
74
22
5
8
1,297
160
Round bolts to same,
15
A
4
296
8
Flat dragonal braces to gates,
312
3
5
8
1,310
8
Round tops of same,
28
78
20
" Swivel screws,
60
li
494
12
" Braces to blocks,
144
H
593
12
Flat anchors to same,
Round journals in top of quoin posts,
72
3
n
4
363
4
12
3
94
16
" Pins on top of blocks,
6
n
33
4
Flat collars in blocks,
16
3
n
4
40
4
u u u
14
3
i
35
8
Round bolts to same,
Square bars to paddles,
20
A
4
20
12
16
1
1
645
168
Nuts 1 in. bore, 2 \ square, by | thick,
163
8
Plates on block,
260
;
10,500
77
RECAPITULATION.
Pound3.
a
3 Inch (round) Iron,
n "
2i
a
3
1
3
3 " x §
24
2 " x
2 " x
(square)
8
.•»
4
1
2
94
237
3,485
317
645
75
1,310
3,014
454
447
CAST IRON.
Paddle gates, &c.f
Spikes and nails,
9,012
2,700
11,712
ESTIMATED COST.
Amount.
83,222 Feet B. M. Pine,
at
$14 00c.
$1,165 11
1,826 Feet B. M. Oak,
at
14 00c.
25 56
9,089 Cub. Feet Pine,
at
15c.
1,363 35
5,361 " Oak,
at
20c.
1,072 20
10,500 Pounds "Wrought Iron.
at
15c.
1,575 00
9,012 " Cast Iron,
at
12c.
1,081 44
2,700 " Spikes,
at
124c.
337 50
2,395 Cub. Yds. dry wall,
at
1 50c.
3,592 50
430 " Hydraulic wall,
at
5 00c.
2,150 00
3,430 " Embankment,
at
13c.
445 90
400 " Puddling,
at
37c.
150 00
6 Snubbing Posts,
at
3 00c.
18 00
4 Capstans for opening gates,
40 00
Painting gates,
30 00
$13,046 56
Where rock bottom occurs
deduct,
2,598 85
$10,447 71
SPECIFICATIONS
OF THE MANNER OF CONSTRUCTING SPAR DAMS.
The bed of the stream shall first, for a space of forty feet
in width, extending from side to side, be cleared of all large
stone, in order to make a smooth, level bed, upon which to
commence the construction of the dam. The banks of the
stream shall also be prepared by making such excavation as
may be deemed necessary by the engineer, in order to
obtain the proper foundations for the abutments.
The dam shall be constructed bv placing timbers twenty
feet long, parallel with the course of the stream, at intervals
of ten feet; the timbers to be hewn on two sides, to present
a face of 16 inches in width, and to be at least twenty inches
thick. Each bed timber shall be firmly bolted to the rock
as often as the engineer may require, with iron bolts not
less than 22 inches long and 11-2 inches in diameter, the
iron to be paid for by the pound, two bolts in each bed
piece, running one foot into the rock, and split and wedged
at the lower end of the bolt. Upon these bed timbers, four
lines of transverse timbers shall be placed as nearly as may
be equi-distant from each other, and extending entirely
across the stream; to be at least twelve inches in thickness.
The transverse timbers to be in lengths of twenty and thirty
feet, and to break joints with each other so as to bind the
work firmly together.
Upon these transverse timbers another series of timbers
shall be placed directly over the bed timbers—and again
upon these another series of transverse timbers of the same
size and length of those first used. The work to be con¬
tinued in this manner until the proper height is obtained for
placing the spars. The timbers to be boxed into each other
or halved together ivhenever circumstances shall require it,
and all of the timbers shall be thoroughly fastened together,
wherever they come in contact, by good white oak treenails,
twenty inches long and at least two inches in diameter.
The transverse timbers shall be so placed as to afford at
least four bearings to the spars, and these bearings shall be
79
as nearly equi-distant from each other as possible, and be
hewed on the upper surface to a proper level.
During the progress of carrying up the crib work of which
the foundation to the dam is to be composed, a suitable
quantity of stone shall be placed upon it to avoid the possi¬
bility of its being moved from its proper position.
Spars thirty feet in length, for a dam of seven feet in per¬
pendicular height, (and longer or shorter as the height of
the dam shall be increased or diminished,) to be at least ten
inches in diameter at the small end, shall be placed upon the
transverse timbers. The large end of the spars to be placed
at the base of the dam, and to be beveled on the under side
so as to give it a firm and perfect bearing. Each spar shall
be hewn and straightened on the sides so as to make as
perfect joints as may be—and shall, whenever required, be
firmly treenailed to the transverse timbers.
A sufficient quantity of stone shall be thrown upon and
about the foot of the spars to chink and fill any crevices that
may be accidentally left, and the whole upper surface of the
dam shall be covered with a good coating of gravel, to make
the work perfectly water tight and substantial.
The dam, when completed, to have a good and sufficient
slide or chute at least thirty feet in width, placed near its
centre, to allow the free passage of fish.
Abutments of square timber shall be built at each ex¬
tremity of the dam, the foundations to which shall be sunk
to a proper depth, and secured in such manner as the engi¬
neer may, from the circumstances of the case, deem neces¬
sary. Each abutment to be at least eighteen feet square,
and to be properly tied and bound together, and to be filled
with gravel and small stones, with a proper mixture of loam
or clay. The transverse timbers of the crib work of the
dam to be let into and connected with the abutments, in
order to bind the work firmly together.
The engineer in charge of the work will give such direc¬
tions from time to time during its progress, as shall appear
to him necessary and proper, in order to make it in every
respect complete and perfect, on the plan contemplated in
the foregoing specifications ; and the said directions shall in
every respect be complied with.