In force, Jan[January]. 9, 1836.
AN ACT for the construction of the Illinois and Michigan Canal.1
Governor authorised to negotiate a loan on the faith of the state.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly,2 That the governor of this state be, and he is hereby, authorised and empowered to negotiate a loan on the credit and faith of this state, as hereinafter provided, for the purpose of aiding in connection with such other means as may be hereafter received from the government of the United States, in the construction of the Illinois and Michigan Canal, a sum not exceeding five hundred thousand dollars, which shall be required to be paid at such times and by instalments, as the same may be needed in the progress of the said work, as near as the same can be estimated.3
Certificates of stock.
Faith of the state pledged.
Sec. 2. The governor shall cause to be constituted certificates of stock for the said loan, to be called the “Illinois and Michigan Canal Stock” signed by the Auditor, and countersigned by the Treasurer, bearing an intererest not exceeding six per cent. per annum payable semi-annually, at the bank of the state of Illinois or any of its branches, or at some bank in the cities of New York, Philadelphia, Boston4 or either, as may be agreed upon, and reimbursable at the pleasure of the state, at any time after the year one thousand eight hundred and sixty, and the faith of the state is hereby irrevocably pledged for the payment of the stock hereby created, and the interest accruing thereon.5
Transfering of stock.
Sec. 3. The governor shall take and use all proper means and measures for the transfering of the said stock.
Certificates of stock to be sold
Sec. 4. It shall be deemed a good execution of the said power, to borrow, for the governor to cause the said certificates of stock, when created to be sold; Provided, that the said stock shall not in any case be sold for less than its par value.
Monies to be deposited in bank at interest
Sec. 5. It shall be the duty of the governor to cause the said monies from time to time, when paid or advanced, to be deposited in some safe bank or banks until wanted for use, at the best interest that can be obtained for it, to be drawn out as hereinafter provided, taking therefor the proper securities for the safe keeping of the same.
What constitutes canal fund
Sec. 6. The money thus loaned, the premiums arising from the sale of any stock thus created, the proceeds of the canal lands and town lots, and all of the monies in any way arising from the contemplated canal, shall constitute the canal fund, and shall be used for canal purposes, and for no other whatever, until the said canal shall have been completed; Provided, that nothing herein contained shall be so construed as to prevent appropriations from being made, out of the said fund for semi-annual payment of the interest upon the canal stock herein authorised to be created, and the governor is hereby authorised to cause the said interest, to be paid out of the said fund.
Governor to appoint board.
Vacancy, how filled.
Sec. 7. The governor of this state by and with the advice of the senate, shall appoint three practical and skilful citizens of this state to constitute a board, to be known by the style and description of “the Board of Commissioners of the Illinois and Michigan Canal” and he shall designate one of said commissioners to be president thereof, one to be treasurer and one to be acting commissioner; whenever any vacancy shall occur in the said board of commissioners by death resignation or from any other cause the governor of this state shall fill such vacancy during the recess of the legislature, and the governor shall have power to remove from office any canal commissioner for good cause which he shall make known in a communication to the next ensuing general assembly.6
Term of service
Sec. 8. The board of commissioners to be appointed as aforesaid shall hold their office until the first Monday in January 1837,7 and thereafter the said board of commissioners shall be biennially appointed in such manner as the legislature may from time to time direct.
Sec. 9. The acting commissioner shall be allowed a salary of twelve hundred dollars per annum, and the rest of the board shall each be allowed a compensation of three dollars per day while necessarily employed in the business of the canal.
Sec. 10. The said board of commissioners is hereby constituted a body politic and corporate with full power and authority in their corporate name to contract and be contracted with, sue and be sued, defend and be defended, plead and be impleaded, in all the matters and things relating to them as canal commissioners, and they shall have and use a common seal of such device as the governor may direct.
To appoint a secretary.
Sec. 11. The board shall appoint a secretary, whose duty it shall be to keep a true record of all their proceedings; they shall hold quarter yearly meetings, and special meetings whenever any two of them, or the acting commissioner8 may desire it, any two of them shall constitute a quorum to do business.
Commissioners to be sworn
Sec. 12. Before entering upon the duties of their office each of the said commissioners shall make oath or affirmation, faithfully, honestly, and truly to execute and discharge all the duties and obligations herein imposed upon them, and each of them as canal commissioners, and they shall severally give bonds to the governor and his successors in office for the use of the state, in the sum of ten thousand dollars with sufficient securities, for the faithful discharge of the duties imposed upon them by this act; Provided, that the governor may at any time require additional bonds of said treasurer, whenever he may think that the safety of the funds require it.
When money due treasurer may draw check on bank
Sec. 13. Whenever all or any part of the money upon any contract shall become due, it shall be the duty of the treasurer to draw his warrant or check, therefor in favor of the contractor, upon the bank or banks in which the canal fund shall have been deposited, which warrant or check, shall be countersigned by the acting commissioner and shall be under the seal of the board.
Commissioners to obtain a quantity, report from bank and lay it before board
Sec. 14. It shall be the duty of the acting commissioner to obtain from the cashier of the bank, or banks, in which the said fund shall have been deposited, a quarterly report, exhibiting a true account of all monies received in deposite on account of the canal fund and paid out of the said fund during the previous quarter, which report shall be laid before the board of canal commissioners, and within twenty days thereafter, shall be examined by the said board, and compared with the accounts of the treasurer and an entry shall shall be made in the books of the said board that the said examination has been made by them, and that the two accounts correspond, if such be the case, and each commissioner present shall sign his name to the record of such examination.
Sec. 15. It shall be the duty of the acting commissioner;
Commissioners to contract for materials and labor
1st. To make under the direction of the board, all neces-
<Page 4>sary contracts for the supply of material, and the performance of labour.
Conduct of all officers
2nd. To inquire into the official conduct of the agents, clerks, superintendents, and all subordinate officers and to receive and hear all complaints that may be prefered against them.
To enforce duties.
3d. To enforce the faithful execution by all persons concerned, of the duties and obligations imposed upon them by this act.
To examine state of canal and have superintendence thereof
4th. To examine frequently and carefully, into the state of the canal, and the progress of the works thereon.
5th. To have the immediate care and superintendance of the canal and all matters relating thereto.
Sec. 16. The said canal shall not be less than forty-five feet wide at the surface, thirty feet at the base, and of sufficient depth to insure a navigation of at least four feet, to be suitable for ordinary canal boat navigation, to be supplied with water from Lake Michigan and such other sources as the canal commissioners may think proper, and to be constructed in the manner best calculated to promote the permanent interest of the country;9 reserving ninety feet on each side of said canal, to enlarge its capacity, whenever in the opinion of the board of canal commissioners, the public good shall require it; Provided, that all persons who have purchased, or shall hereafter purchase lands fronting the said canal shall be permitted to lease from the said board the said reserved ground on each side of said canal, from year to year, or until the said ground shall be wanted to enlarge the capacity of said canal, for the best price that can be obtained, to be paid into the canal fund.10
Measures for constructing
Sec. 17. They shall take efficient and proper measures for the immediate construction of the said canal; shall put such parts of it as they may deem proper under contract as herein provided and shall have the general care and superintendance thereof.
Sec. 18. They shall inspect and examine into the accounts, books, state of the treasury, and all of the proceeedings of the treasurer and of the acting commissioner.
Sec. 19. They shall furnish the acting commissioner with all proper means and facilities, that may be necessary to enable him to discharge the duties herein imposed upon him.
Sec. 20. They shall have full power and authority in their good judgment to do, in relation to the construction and completion of the said canal, all things, not otherwise herein provided for.
May use lands water streams
Sec. 21. It shall be lawful for them to enter upon and use any lands, water, streams and materials of any descrip-
<Page 5>tion necessary for the prosecution of the works contemplated by this act.
To employ agents, engineers
Sec. 22. They may employ such and so many, agents, engineers, surveyors, draftsmen and other persons as they may judge necessary to enable them to discharge their duties as commissioners, and may pay such compensation as they shall judge reasonable to each person so employed.
Notice of entering into contracts
Sec. 23. Public notice shall be given of the time and place at which proposals will be received for entering into contracts; which notice shall be previously published for at least six weeks, in a newspaper printed at Chicago and in such other papers either in this state or elsewhere as may be deemed proper.
Sec. 24. Proposals for contracts shall be sealed and shall be for a sum definite and certain, as to the price to be paid or received, and shall be let to the lowest and most responsible bidder, accompanied with good and sufficient security for the faithful performance of such contract.
To let out contracts
Sec. 25. And it shall be the duty of the commissioners to let out all contracts for labor on conditions to be expressed in the contracts, as will authorise said commissioners to declare all contracts to be abandoned and to re-let the same to more efficient contractors, whenever in the opinion of the acting commissioner, or the principal engineer on the work, the contractor or contractors refuse or neglect to prosecute his or their contract, with a force proportionate to the amount of work to be performed and the time within which the same, by the terms of the contract is required to be completed; and in all cases where an unfinished contract shall be declared to have been abandoned as aforesaid, the per centage on the amount of work performed, which the commissioners are required to retain until the completion of the job, shall be forfeited to the use of the canal fund.11
Contracts to be returned to auditor
Sec. 26. All contracts concerning the contemplated canal shall be made in writing, under the seal of the board, and of each contract, three copies shall executed by the parties one of which shall be retained by the board, and one shall be immediately forwarded to the auditor of public accounts, and by him filed in his office.
Materials exempt from execution.
Sec. 27. All materials procured or partially procured under any contract with the commissioners, shall be exempt from execution; but it shall be the duty of the commissioners to pay the money due for such materials to the judgment creditor of the contractor under whose execution such materials might have been sold upon his producing to them due proof that his execution would have so attached, and such payment shall be held a valid payment on the contract.
Death of contractors
Sec. 28. In case of the death of any canal contractor
<Page 6>who shall at the time of his decease, be indebted to any labourers for work done on the canal, it shall be lawful for the board, if they think proper to pay such labourers out of any money that may be due to the deceased contractor, and the receipt of such labourers shall be a good voucher in offset to the sum due the deceased contractor, from the board, on the final settlement between them and his executors or administrators; Provided, that the said persons shall first obtain a judgment against the administrator of such deceased contractor, and produce a certificate from the court, judge or justice of the peace, that the judgment was rendered for work done on the canal or for materials furnished therefor and for no other cause.
Rules and regulations
Sec. 29. The board shall from time to time make such rules and regulations, not inconsistent, with the laws of this state, in respect to the persons employed about the canal, injury done to the said canal or locks, and the management and navigation of the same, and impose such forfeitures of money for the breach of such rules and regulations, as they may judge reasonable, but no forfeiture imposed, shall for a single offence exceed the sum of fifty dollars over and above the amount of actual damage done.
To be posted
Sec. 30. They shall cause a sufficient number of such rules and regulations to be posted up for public inspection, and shall transmit a copy of them, from time to time to the governor, as they may be made, in their next quarterly and annual reports.
Filed in Auditor’s office
Sec. 31. All rules, regulations, and forfeitures, established by them as aforesaid, shall be filed in the office of the auditor, and a copy thereof certified by him under his hand and seal of office, shall be received in all courts of law as due proof, that such rules, regulations and forfeitures were by them established.
To select canal route, town site and lay off lots
Sec. 32. The commissioners shall examine the whole canal route, and select such places thereon as may be eligible for town sites, and cause the same to be laid off into town lots, and they shall cause the canal lands in or near Chicago, suitable therefor, to be laid off into town lots.
Sec. 33. And the said board of canal commissioners shall on the twentieth day of June next, proceed to sell the lots in the town of Chicago and such part of the lots in the town of Ottowa, as also fractional section fifteen, adjoining the town of Chicago, it being first laid off and subdivided into town lots, streets, and alleys, as in their best judgment will best promote the interst of the said canal fund; Provided always, that before any of the aforesaid town lots shall be offered for sale, public notice of such sale shall have been given in such newspapers, not less than five12 in number,
<Page 7>including the one printed at Vandalia, either in this or other states as the board may think best, at least eight weeks prior to any sale; Provided further, that if no sale be made on the day herein named, such sale may be made at any time thereafter, upon giving the notice and upon the terms herein required.13
To make out a list of lots &c[et cetera]
Certify the same to the treasurer
Improvements may be removed before sale
Sec. 34. It shall be the duty of the canal commissioners, before the day appointed for any sale of lots, to make a list of the lots intended to be offered, describing them by their numbers, and value, each lot separately and certify the same under their hands and seals, which list and certificate shall be filed with the treasurer and preserved, and no lot shall be sold for less than the valuation; and all lots remaining unsold shall be again advertised for sale in the manner aforesaid, and said commissioners shall continue from time to time to advertise for sale all lots remaining unsold, at any public sale, until the whole shall be sold, and no lot shall be sold, except at a public sale, to the highest bidder; Provided, that all persons who may have made improvements upon any of the lots authorised to be sold, shall be permitted to remove such improvement at any time before the day fixed for the sale of any such improved lots, being responsible for all unnecessary damage done or suffered by such removal.
Terms of sale
Sec. 35. The terms of sale shall be as follows, to wit: one fourth of the purchase money to be paid in advance at the time of purchase, and notes taken for the payment of the residue in three equal annual instalments, bearing an interest of six per cent. per annum, payable annually in advance, and a failure to pay such interest or the residue of such principal within twenty days after the same or any instalment thereof becomes due, shall forfeit to the state for the benefit of the canal fund, the said lot or lots, and all claim thereon; and if any purchaser before forfeiture, shall commit unnecessary waste, upon any lot or lots not paid for, he, she or they, so offending, shall be subject to an action at law for damages to said commissioners, and a certificate of the acting commissioner of any forfeiture, shall authorise the sheriff of the proper county, with the posse comitatus, to give such board possession of such forfeited lot or lots, on behalf of the state, and the lot or lots so forfeited as aforesaid shall be re-sold without let or stay, extent of time or subsequent relief of any kind whatever, the same bringing the appraised value.
Secretary and Treasurer to act as register and receiver
Sec. 36. In all sales of canal lots, the secretary and treasurer shall act as register, and receiver, and shall be governed by the same rules, that now govern registers and receivers in the United States’ land offices in this state, except as is herein provided.
Treasurer to grant certificate
Sec. 37. It shall be the duty of the treasurer upon the payment of the purchase money, to grant to the purchaser or purchasers, a certificate, containing a description of the land or lots purchased, and the price for which the same was sold, and shall forward a duplicate of such certificate to the auditor of the state, who shall record the same; and the person holding such certificate, shall upon presenting the same to the governor receive a patent for the land described therein, signed by the governor, and countersigned by the secretary of state, with the seal of the state affixed thereto.14
Moneys to be depositen in bank
Sec. 38. All monies paid to the treasurer for the purchase of any canal lands or lots shall be by him immediately deposited in some bank, under the direction of the governor, for the payment of the interest of the canal loan, and for work done on the canal.
No commissioner to purchase lands or lots.
Commissioner to bid for lands or lots for the state
Sec. 39. None of the board of canal commissioners shall be allowed to purchase any of the canal lands or lots herein authorised to be sold, nor shall they, or either of them directly or indirectly, be concerned in any such purchase or have any manner of interest therein, and all sales in which the said commissioner, or any of them shall be in any way interested, shall be absolutely null and void, the purchase money shall be forfeited, and the land shall revert to the canal fund; 15but said canal commissioners or either of them, are hereby required and authorised to bid for any tract or lot of land, so offered for sale, if in their opinion the interest of the canal fund requires it, and in such case the bid shall be in the name of such commissioner for the use of the state, and the said lot or tract shall revert by such bid to the state for the use of the canal fund, and shall be subject to sale thereafter, as other lots or tracts are now, or hereafter may be by law subject to sale. Any commissioner who shall be guilty of a violation of the provisions of this section, shall be deemed to have perpetrated a fraud, and upon indictment and conviction thereof, in any court having competent jurisdiction, shall be punished by forfeiture of his office, and fined in a sum not less than one thousand nor more than five thousand dollars; Provided, that a prosecution for such offence shall be commenced, within ten years after the commission of the same.
Persons combining at sale not to bid against each other.
Sec. 40. If any two or more persons shall combine themselves together for the purpose of lessening competition at the sale of any of the canal lands or lots, or if they shall agree or have any understanding among themselves, that they will not bid upon one another, at any such sale for the purpose of obtaining the said canal lands or lots at a low price; the same shall be deemed a fraud and any person or persons convicted thereof, in any court having competent
<Page 9>jurisdiction, shall be fined in a sum not less than one hundred nor more than one thousand dollars, one moiety thereof, to the use of the person informing, and the other moiety to the canal fund, and any patent issued for any lands or lots purchased as aforesaid shall be absolutely null and void; the money paid therefor shall be forfeited, and the lands or lots so purchased shall revert to the canal fund. And it is hereby declared to be the duty of the state’s attorney to prosecute for all such offences; Provided, that all such prosecutions, shall be commenced within ten years after the commission of the offence.
Revenue, tolls, &c. pledged.
Sec. 41. The revenue arising from the Illinois and Michigan canal, and from the lands granted, or that may hereafter be granted to the state of Illinois, by the Congress of the United States, for the construction of the said canal, and the nett tolls thereof, are hereby pledged for the payment of the interest accruing on the stock, that may be created in pursuance of this act, and for the reimbursement of the principle of the same.16
Make report to the governor, quarterly.
Sec. 42. The board of commissioners, shall, quarterly, viz: on the first Monday of March, June, September and December in each year, make a minute and particular report to the governor, which report shall set forth in a plain and intelligible manner, all of their acts and doings in relation to the said canal, and the canal lands and lots, all of the money received and expended, the work done, and the price allowed for the various kinds of work, the contracts made, with whom made, and the security given, the number of engineers, draftsmen, clerks and agents, of every description by them employed, and the amount of compensation paid to each, the progress of the canal, their contemplated plans for the next three months, with an estimate of the probable amount of money, that will be required to be expended for canal purposes, during that time, together with such other matters and things as they may see fit to add; and also the amount, time and rate of any loan made by virtue of this act, which report or the outlines thereof, the governor shall cause to be published.
Sec. 43. They shall annually on the first Monday of December, make a report to the governor, setting forth all of their act and doings in relation to the canal and canal lands and lots, during the previous year, in like manner as is required of them in their quarterly reports, containing such statements and estimates for the year as their quarterly reports do for the quarter.
Commencment and termination.
Sec. 44. The said canal shall commence at or near the town of Chicago, on canal lands and shall terminate near the mouth of the little Vermillion in La Salle county and on land owned by the state.17
Sec. 45. The act, entitled an act for the construction of the Illinois and Michigan canal, approved February the tenth eighteen hundred and thirty-five, is hereby repealed, and any canal commissioner heretofore appointed under any law of this state be and the same is hereby declared to be out of office from and after the passage of this act, any law to the contrary notwithstanding.
Approved, Jan. 9, 1836.
1John Dawson introduced HB 1 in the House of Representatives on December 10, 1835. The House referred the bill to the Committee of the Whole and made it the order of the day for December 11. The Committee of the Whole reported back the bill on December 12 with an amendment that struck out all the text after the enacting clause. The House approved the amendment by a vote of 28 yeas to 27 nays, with Abraham Lincoln voting nay. The House referred the bill as amended to a select committee. The select committee reported back the bill on December 14 with a substitute for the original bill. The House rejected a motion to refer the substitute to the Committee of the Whole by a vote of 24 yeas to 29 nays, with Lincoln voting nay. The House concurred in the substitute by a vote of 33 yeas to 22 nays, with Lincoln voting yea. The House rejected a motion to table the bill until July 4, 1836, by a vote of 25 yeas to 28 nays, with Lincoln voting nay. On December 15, the House discharged the Committee on the Whole from further consideration. The House refused to engross the bill and read it a third time by a vote of 25 yeas to 29 nays, with Lincoln voting yea. On December 16, the House re-considered its vote of the previous day. It agreed to engross the bill and read it a third time by a vote of 28 yeas to 25 nays, with Lincoln voting yea. On December 21, the House agreed to consider an amendment to strike out the seventh and eighth sections by a vote of 50 yeas to 4 nays, with Lincoln voting yea. The House then approved the amendment by a vote of 28 yeas to 27 nays, with Lincoln voting nay. The House amended the thirty-sixth section by a vote of 42 yeas to 13 nays, with Lincoln voting yea. The House further amended the thirty-sixth section. The House rejected a motion to add a new section by a vote of 25 yeas to 30 nays, with Lincoln voting nay. Lincoln proposed an amendment to the eighth section, which the House rejected by a vote of 26 yeas to 28 nays, with Lincoln voting yea. On December 24, the House rejected an amendment to strike out the new seventh and eighth sections approved December 21 by a vote of 24 yeas to 31 nays, with Lincoln voting yea. The House further amended the bill by striking out the thirty-fourth section and adding a new section. The House passed the bill as amended by a vote of 29 yeas to 26 nays, with Lincoln voting yea. On December 31, the Senate referred the bill to the Committee on Internal Improvements. The Committee on Internal Improvements reported back the bill on January 1, 1836, with several amendments. The Senate approved the amendments and further amended the bill by striking out words in the eighth section. The Senate then tabled the bill and ordered 100 copies printed. On January 5, the Senate referred the bill to the Committee of the Whole and made it the order of the day. The Committee of the Whole reported back the bill on January 6 with sundry amendments, in which the Senate concurred. The Senate further amended the bill by inserting the words “Philadelphia or Boston,” after the word “New York” in the 6th line of the second section. The Senate further amended the bill by striking out the word “commissioners” in the third line of the eleventh section and inserting in lieu thereof the word “commissioner.” On January 7, the Senate passed the bill as amended by a vote of 18 yeas to 7 nays. On January 7, the House rejected a motion to table the bill and Senate amendments by a vote of 10 yeas to 42 nays, with Lincoln voting nay. The House further rejected a motion to divide the Senate amendments and vote on them individually by a vote of 16 yeas to 36 nays, with Lincoln voting nay. The House concurred with the Senate amendments by a vote of 38 yeas to 14 nays, with Lincoln voting yea. On January 9, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 24, 29-30, 35, 36, 39-40, 45-53, 69, 70, 71, 115-20, 149-50, 249, 251-52, 266, 273, 282; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 97, 106, 137, 146, 173, 174-175, 181, 186, 198, 221.
2On December 12, 1835, the House of Representatives amended the bill by striking out all the text after the enacting clause.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 39-40.
3General Assembly members debated at length whether to back this loan with the full faith of the state’s treasury or simply to pledge the canal lands and future tolls as collateral. Initially, Governor Joseph Duncan was convinced that the canal lands and future tolls would be more than enough to pay the loan. The February 1835 act authorizing the construction of the canal allowed only the canal lands and tolls as collateral, but financiers were unwilling to invest without the full faith of the state backing the loans. By April 1835, Governor Duncan had decided that the price of lands in Chicago and Ottawa would only continue to rise, increasing revenue from the canal, and so he recommended that the General Assembly authorize a loan on the faith of the state treasury.
Illinois Senate Journal. 1835. 9th G. A., 1st sess., 223-25; 228-49; Illinois House Journal. 1835. 9th G. A., 2nd sess., 8-9; John H. Krenkel, Illinois Internal Improvements, 1818-1848 (Cedar Rapids, IA: Torch Press, 1958), 37-39.
4On January 6, 1836, the Senate amended the bill by inserting the words “Philadelphia or Boston” after the word “New York.”
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 174.
5The original act authorizing construction of the canal set the interest rate on canal stock at five percent. The increase likely represents an attempt to entice foreign investors.
John H. Krekel, Illinois Internal Improvements, 1818-1848 (Cedar Rapids, IA: Torch Press, 1958), 38-39.
6On December 21, 1835, the House of Representatives struck out the seventh section and added a new one.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 116.
The Board of Canal Commissioners had previously been composed of five members, with three constituting a quorum.
7On December 21, 1835, the House of Representatives struck out the eighth section and added a new one. On January 1, 1836, the Senate amended the eighth section of the bill by striking out the words “and until their successors be elected.”
Illinois House Journal. 1835. 9th G. A., 2nd sess., 116; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 146.
8On January 6, 1836, the Senate amended the bill by striking out the word “commissioners” and inserting in lieu thereof the word “commissioner.”
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 175.
9Up to this point, this section remained the same as the preceding 1835 law. Everything following this point was an addition in 1836.
10From 1829 onward, government officials debated whether to build a shallow canal that would accommodate only canal boats or to build a “deep-cut” canal that would allow larger boats and steamboats to pass. The language in the section here refers to a shallow canal. However, the Board of Commissioners and the engineers they hired soon became convinced that all previous cost projections had been greatly underestimated. They determined that a deep-cut canal was more sensible despite being more expensive at the outset, because any canal would eventually have to be enlarged to carry the steamboat traffic they expected.
John H. Krenkel, Illinois Internal Improvements, 1818-1848 (Cedar Rapids, IA: Torch Press, 1958), 40-42.
11This section was not included in the 1835 law.
12In 1835, the legislature had required public notice be published in three newspapers.
13In 1835, the legislature had authorized the Board of Commissioners to sell lots only as they deemed it necessary to pay the interest on the loan. The following sections delineating the terms for the sale of canal lots were all additions to this 1836 law.
14In 1831, Congress set out rules for registers and receivers of the General Land Office.
“An Act to Establish a Land Office in the Territory of Michigan, and for Other Purposes,” 19 February 1831, Statutes at Large of the United States, 4:442-44.
15The language from this point to the end of Section 39 was not included in the 1835 law.
16Section 41 was not included in the 1835 act.
17Section 44 was not included in the 1835 act.
Printed Document, 10 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL: J. Y. Sawyer, 1836), 145-54, GA Session: 9-2,