Wanted His Money Back




To The Honorable Canal Board of the State of New York

   The petition of Perley Munger respectfully represents that he is the principal stockholder & Superintendent of the Chenango Canal Packet operation. That this operation was formed in the spring of 1838 for the purpose of running a daily like of packet boats on said canal between the villages of Hamilton & Binghamton, that in order to establish such line of Packet Boats the Eagle & Jolly Traveller were purchased at Brockport in the County of Monroe and in the month of June last these boats wee towed from Brockport through the Erie Canal to Utica & from Utica through the Chenango Canal to Hamilton without any freight or passengers whatever the object being mainly to transport the said boats to Hamilton & they were towed most of the way by & behind line Boats, that the several canal Collectors not feeling authorized to make any deductions from the full regular Packet toll of eight cents per mile on each of said Boats that full toll was paid from Brockport to Hamilton, though the different collectors assured  your petitioners that in all probability upon an application to the Canal Board the said toll would be remitted. 
 And your petitioner further represents that at then time the said Packets commenced their regular trips from Hamilton the Hamilton Band of Musicians were engaged by persons having the control of the Boat Eagle to make the first trip to Binghamton as musicians for the purpose of furnishing said boats with miss that being a part of the arrangement for the first trip; that the said musicians paid nothing for their passage & their whole expenses were paid by the said operation & the said musicians being considered as in the service & employment of the said operation & for the time being attached to the Boats and in consequence they being not reported by the captain of said boat as passengers; that in the opinion of this petitioner the said Captain acted in good faith in not considering them as passengers.
  And your petitioner further says that the Canal collector at Hamilton,  B. Maynard Esqr., believing that these musicians should have been reported as passengers & that the captain of the Boat Eagle had incurred the penalty under the 143 section of Chapter 9th, Title 9th of the revised Statutes relating to the navigation of the New York canals, subsequently demanded the penalty of fifteen Dollars provided for under said sections & required that said captain on said operation should pay the same; that accordingly that said association paid said fine or penalty to said Collector & took his receipt therefore, which receipt is attached to this petition.
   And your petitioner request that the said tolls so paid upon transferring the said Packet Boats from Brockport to Hamilton & also that the said penalty of fifteen Dollars so paid as above stated may be reimbursed to the said association if consistent with regulations & practice of Your Honorable Board.
   Your Petitioner also states that Horace Pierce, the Captain or Master of the said Boat Eagle is now absent from this state.
Dated Hamilton Madison County
February 11, 1839

 [From: Canal Board Papers, File A1140. New York State Library]

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