﻿HYDROLOGY 
  OF 
  NEW 
  YORK 
  590 
  

  

  In 
  the 
  foregoing 
  discussion 
  it 
  has 
  been 
  shown 
  why 
  the 
  Genesee 
  

   feeder 
  was 
  originally 
  constructed 
  and 
  why 
  after 
  the 
  completion 
  

   of 
  the 
  canal 
  it 
  was 
  still 
  maintained 
  as 
  a 
  part 
  of 
  the 
  canal 
  system 
  

   for 
  the 
  purpose 
  of 
  assisting 
  internal 
  navigation 
  purely. 
  We 
  

   will 
  now 
  proceed 
  to 
  show 
  how 
  this 
  state 
  of 
  fact 
  has 
  been 
  in 
  

   later 
  years 
  made 
  the 
  basis 
  of 
  what 
  amounts 
  to 
  a 
  claim 
  of 
  the 
  

   right 
  to 
  take 
  the 
  entire 
  flow 
  of 
  the 
  Genesee 
  river 
  for 
  canal 
  pur- 
  

   poses 
  without 
  compensation 
  to 
  the 
  riparian 
  owners 
  as 
  well 
  as 
  

   without 
  due 
  process 
  of 
  law. 
  

  

  In 
  the 
  years 
  1824-26 
  it 
  appears 
  from 
  the 
  records 
  in 
  the 
  Canal 
  

   Appraisers' 
  office 
  that 
  a 
  large 
  number 
  of 
  awards 
  were 
  made 
  to 
  

   different 
  parties 
  at 
  the 
  then 
  village 
  of 
  Rochester 
  and 
  vicinity 
  

   for 
  damages 
  sustained 
  in 
  consequence 
  of 
  the 
  construction 
  and 
  

   opening 
  of 
  the 
  Erie 
  canal. 
  

  

  The 
  memorial 
  of 
  Jonathan 
  Childs, 
  George 
  Ketchum 
  and 
  

   Eichard 
  Gorsline, 
  which 
  was 
  presented 
  to 
  the 
  Appraisers 
  with 
  

   their 
  bills 
  for 
  damages, 
  sets 
  forth 
  that 
  their 
  claim 
  is 
  specifically 
  

   for 
  damages 
  during 
  the 
  years 
  1823, 
  1824 
  and 
  1825. 
  

  

  They 
  say 
  : 
  

  

  If 
  we 
  thought 
  the 
  evil 
  of 
  which 
  we 
  complain 
  would 
  be 
  per- 
  

   petual 
  we 
  should 
  ask 
  to 
  be 
  amply 
  remunerated 
  for 
  the 
  cost 
  or 
  

   value 
  of 
  our 
  whole 
  sawmill 
  establishments, 
  but 
  we 
  hope 
  for 
  a 
  

   better 
  state 
  of 
  things 
  in 
  relation 
  to 
  the 
  extensive 
  hydraulic 
  works 
  

   upon 
  the 
  Genesee 
  river 
  at 
  Rochester, 
  and 
  we 
  therefore, 
  at 
  present, 
  

   only 
  ask 
  that 
  these 
  certain, 
  specific 
  and 
  reasonable 
  profits 
  of 
  our 
  

   business 
  of 
  which 
  we 
  have 
  been 
  deprived 
  by 
  the 
  act 
  of 
  the 
  State, 
  

   and 
  which 
  are 
  set 
  forth 
  in 
  our 
  accounts, 
  be 
  paid 
  to 
  us. 
  

  

  The 
  accounts 
  rendered 
  to 
  the 
  Board 
  of 
  Appraisers 
  by 
  these 
  gen- 
  

   tlemen 
  give 
  in 
  detail 
  the 
  damages 
  which 
  they 
  sustained 
  during 
  

   the 
  years 
  indicated. 
  Richard 
  Gorsline, 
  in 
  his 
  bill 
  states 
  that 
  he 
  

   has 
  been 
  damaged 
  in 
  1824, 
  by 
  reason 
  of 
  no 
  business 
  done 
  for 
  

   want 
  of 
  water, 
  42 
  days 
  ; 
  in 
  1825, 
  92 
  days. 
  

  

  Childs 
  & 
  Ketchum 
  also 
  furnish 
  a 
  statement 
  in 
  detail, 
  of 
  the 
  

   damage 
  to 
  their 
  mill 
  by 
  reason 
  of 
  standing 
  still 
  for 
  lack 
  of 
  water 
  

   at 
  the 
  same 
  time. 
  

  

  From 
  a 
  study 
  of 
  the 
  documents 
  in 
  detail 
  it 
  appears 
  clear 
  that 
  

   Richard 
  Gorsline 
  and 
  Childs 
  & 
  Ketchum 
  had 
  good 
  reason 
  to 
  

   believe 
  that 
  the 
  diversion 
  of 
  the 
  waters 
  of 
  the 
  Genesee 
  river 
  

  

  