clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 163   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

BINNEY'S CASE. 163

from which the canal boat may hand over her cargo immediately
into a sea-vessel. In extending over to the west, it passes through
a large artificial harbour, constructed at Black Rock, into which the
canal boats, and the lake vessels may both enter and interchange
cargoes, and then terminates at the port of Buffalo on lake Erie.
The Massachusetts canal, instead of stopping at the head of tide,
where the navigation is good, is carried close alongside of it, four
miles further, into the harbour of Boston. The boats navigating
the river Santee could only reach their great market, by passing
out of it, and some distance along the sea coast. To save them
from this exposure and risk, a canal was constructed from the
Santee into Cooper river, so as to bring them directly into the har-
bour of Charleston. And speaking of the river navigation of the
upper Potomac, of which the lower piece of canal constitutes a
part, and was only intended to enable boats to surmount the first
impassable falls, it has been said, 'that the legislative impartiality,
which has required the canal to enter the river, at the very head of
tide, in order that Virginia may have an equal chance of becoming
the depot of its commerce with Maryland, has very much injured
its utility to the country at large.' (a) From these examples it
satisfactorily appears, that here, as in Great Britain, it has been
universally understood, that canals, intended to co-operate with
marine navigation, must be terminated in the very port itself,
where the marine navigation, in like manner ends.

The specified and known objects of a canal give to it that which
may be called its peculiar character, and shew to what class it
belongs. All canals of that class which are intended to facilitate the
transportation of the productions of the interior to tide for exporta-
tion; and of the importation of foreign commodities by the same
route, must terminate at the port or point where alone the two
forms of transportation can conveniently meet. The Chesapeake
and Ohio Canal is intended to be one of this character; and there-
fore, it must have such a termination, unless it be otherwise ex-
pressly provided by law.

This canal is described in the preamble of die act of incorporation,
and in its twentieth section, which recognizes and affirms that
given in the preamble. In these provisions we have the objects
of the great work distinctly specified. They were to establish a

(a) Per Latrobe, Report of A. Gallatin, Secretary of the Treasury on Roads and
Canals, 1808, page 87.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 163   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives