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Document 35 –


Letter from Edward B. Talcott to William H. Swift
Concerning Rafting Timber on the Canal
 

May 11, 1849
 

Document 35
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Transcription

                                     Canal Office
                                Chicago May 11th 1849
Capt. Wm H. Swift
   Prest. Bd of Trustees
                                Sir,
                                    Considerable difficulty
occured in the early part of last Season
from the improper management of rafts upon
the Canal, Which induced me to with hold further
permits as provided in Sec. 135 of ‘Rules, By Laws
& &c’.                  It is often a difficult matter to
discriminate between persons who would, and
those who would not manage a raft properly
until they have made a trial, and still more
difficult to prevent improper persons from
obtaining their object indirectly.
       I would therefore recommend that Sec.
135 be repealed—allowing any person to raft
timber Subject to the general regulations —
relying upon the penalties as stated in Secs.
No. 38. 39 & 40 to insure their proper management,
                                      Very Respectfully
                                               Your Obt. Svt
                                                  Edwd. B. Talcott
                                                      Chf Engr.

Explanation

The following transcripts were taken from the "Rules, By-Laws, and Regulations of the Illinois and Michigan Canal" as adopted by the trustees on April 26, 1848.

Sec. 135. The rafting of timber on the canal is hereby prohibited, unless specially permitted by the general superintendant; and such special permission, when given, shall be communicated in writing to the collectors of tolls on said canal. Any person violating the provisions of this order, shall for every such offence, forfeit and pay ten dollars.

Sec. 38. Every person who shall wilfully, or through gross negligence, obstruct the navigation of the canal, by sinking any vessel, timber, stone, earth or other thing in any part thereof, or by placing any obstruction on the towing path thereof, or on the bank opposite the towing path, shall forfeit the sum of twenty dollars.

Sec. 39. Every person who shall incur a penalty under either of the three next preceding sections, by committing any offence therein specified, shall, moreover, be liable to every person injured thereby, for the payment of all damage which shall occur in consequence of such offence.

Sec. 40. It shall be the duty of every engineer, collector, superintendant or agent employed on the canal, to seize all boats, rafts, logs, and every floating and sunken thing which may be found in said canal, and all articles found on the towing path thereof, not under the charge of any person, and to sell the same at public vendue, after giving ten days previous notice thereof, in writing, posted up in two public places near the place where such boat or other articles may be found.

All three trustees agreed to do as Mr. Talcott requested when they passed a resolution to that effect on May 16.

Points To Consider

What was Edward B. Talcott asking William H. Swift to do?

How could a canal official have judged a man’s timber rafting skills?

Where would rafted timber have originated?

Where did Hiram Norton get the timber he used at his sawmill in Lockport (see document 26)?

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