men at work on the same, and for a part of the time he worked as one of the hands; and this deponent says that he has been engaged for more than nine years in constructing public works in this country, and during that time he has labored extensively in the excavation of granite and graywacke, and also solid slate rock, and that he is well acquainted with the excavation thereof; and this deponent further says that it was more difficult and expensive to excavate the solid slate rock, so as aforesaid excavated on said sections 8 and 9, than solid rock of granite or graywacke; that the laborers were frequently set to pick the rock up until it was found impossible to excavate it in that manner; they were then set to work with drills and powder, and in that way an able bodied man of usual skill in the work could not by diligent labor excavate per day as much of this solid slate rock as he could have excavated of solid granite or graywacke, and for the reason that a blast set in this solid slate rock would not blow out or break up as large a quantity of this rock as it would of said granite or graywacke. It would blow up but a small quantity of stone immediately around the blast, because it was a solid stone without seams, whereas solid granite, graywacke and limestone, having beds and veins, will blow out in large quantities; and further says that he has no interest whatever in the claim in this matter now pending before the Legislature, and further says not. OWEN BURNS. Commissioner of Deeds, Troy. Rensselaer county, ss. Thomas Mullen, John Gormon, and John Brady, of Watervliet, in the county of Albany, being duly sworn, say that they and each of them have for several years been engaged in excavating by picking, blasting, &c., upon the public works; and that they all were engaged and labored for Messrs. Brady & Fitzsimmons upon sections Nos. 8 and 9 of the enlargement of the Erie canal. They all assisted in excavating the solid slate rock encountered upon those sections; that they are acquainted with and have labored in the excavation of solid granite, graywacke and limestone. And these deponents further say that said solid slate rock on said sections 8 and 9 could not be excavated in any other way than by blasting; they all worked in blasting the same, and the said solid slate rock was so hard, and having no beds nor veins in it could not be blasted with near the ease or expense that either solid granite, solid graywacke, or solid limestone could have been blasted; that of said solid slate rock, by diligent labor, they could not, upon an average, taking one day with another, blast out more than one cubic yard each; and that they were paid by their employers per day while thus at work on said solid slate rock from seven to eight shillings per day. These deponents further say that they have been paid their wages upon said work, and have no interest whatever in the claim now pending in this matter before the Legisla John Coyle, of the city of Albany, being duly sworn, says that he was overseer of the work, sections Nos, 8 and 9 of the enlargement of the Erie canal, and was employed by Fitzsimmons & Brady, and was overseer during the excavation of rock on those sections; the work was going on during the years 1836, 1837 and 1838; is not interested in the claim. There was some solid slate rock excavated on those sections; thinks it cost from seventy-five cents to one dollar to excavate the solid slate rock per cubic yard. There was over this solid slate rock shelly slate rock to the depth of one foot and a half to two feet. There was solid slate rock to the depth of from three to five feet to be blasted. The excavation was sometimes more and sometimes less difficult than cemented gravel. That ordinary workmen would not, on an average, execute more than a cubic yard of solid slate rock per day; that the solid slate rock was more difficult in excavation than granite rock or limestone rock. The two sections were in length about one mile and three-fourths. Sworn and subscribed this 24th day of January, 1843, before me, WILLIAM RUGER, Senator, &c. JOHN COYLE. Albany county, ss. (No. 5.) Affidavit of James Brady. James Brady being duly sworn, says: that himself and Fitzsimmons made no profits on sections Nos. 8 and 9 of the Erie canal enlargement; that they had nine or ten double teams of their own; that they called on the Canal Commissioner at the time they discovered that there was solid slate rock, to allow them for solid rock, (the chief engineer had decided that they could not be paid for solid rock as it was slate,) but the Commissioner stated that they would have to finish their job and apply to the Legislature for their extra labor, and on this statement from the Commissioner they went on and finished their job. Thinks that they have not been paid for their own personal services, nor for the service of their teams. That in taking the contract they expected to be paid 75 cents per cubic yard for all solid rock, whether solid slate rock or other solid rock; that he had been paid on the Troy road excavation 75 cents per cubic yard for solid slate rock excavation, and that in taking this job they expected the same construction and the same price. That they were disappointed when the engineer gave the contract a different construction, deciding that no slate rock could be paid for as solid rock. Marlett & Dunham had a contract on this same line. Albany county, ss. Thomas A. Sherwood, of Kingsbury, in the county of Washington, being duly affirmed, says: he excavated in part a lock pit on what was called section 9, of the enlargement near West-Troy. Thinks that the excavation of solid slate rock done by Fitzsimmons and Brady on section 9, or near lock No. 12, was worth one dollar per cubic yard. Thinks that the slate rock extended to the lock, below which was about forty rods; that as near as he could judge the rock was of the same character, solid slate rock. Thinks it more difficult to excavate than some lime rock. Had rather get out cemented gravel than this solid slate rock. Has been superintendent about twelve years on the Champlain canal. THOMAS A. SHERWOOD. WILLIAM RUGER, Abstract of Census returns, Adjutant-General, annual report of, report of, in answer to a resolution of the As- sembly,... 184 83 Auburn State Prison, report of board of inspectors of, in answer Attorney-General, report of, in answer to a resolution of the As- sembly of the 17th Feb..... report of, in answer to a resolution of the As- 111 ... 122 on the petition of A. Campbell, et. al., ..... 161 the 26th March, 167 in answer to a resolution of the Assembly,.. 196 Alabama, Genesee county, report of Canal Board on petition of 136 Auburn State Prison, report of board of inspectors of, in answer to a resolution of the Assembly,... 137 Academy, (Union Hall) report of Regents of University relative Ableman, S. report of Commissioner's of Land Office on pet. of, 191 Apportionment, report of Attorney-General on, -- 200 122 203 209 Aylesworth, Marcus communication from Governor on pet. of,.. 208 66 report of committee on canals, relative to bridge over Water street in, ............... 16 128 Agriculture, report of committee on so much of Governors mes- sage as relates to,.... 146 An act relative to the N. Y. and Erie Railroad, (Pennsylvania 170 Acts, titles of, (see last document in Vol. 6.)........ ANNUAL REPORTS. Of Commissioners of the Canal Fund, Adjutant-General, Joint committee appointed by the Senate and Assembly to Canal Commissioners,... Mechanics' and Farmers' Bank,. Merchants' Exchange Bank, Manhattan Company, Leather Manufacturers Bank, 4 6 7 9 10 14 16 17 18 21 |