HYDROLOGY OF NEW YORK 



599 



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 1824-20 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 

 Richard 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 



