Papers Of Abraham Lincoln

In force March 1, 1837.

AN ACT declaring certain streams therein named navigable.
1

Creek declared navigable.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Lusk Creek be and the same is hereby declared a navigable stream and public highway, from the mouth of said creek, so far up as Cowen’s mill, on said creek.

River declared navigable.

Sec. 2. That Grand Pier creek be and the same is hereby declared a navigable stream from its mouth so far up as Chips’ mill dam.

Big creek declared navigable.

Sec. 3. Also, Big Creek is hereby declared navigable

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from its mouth, so far up said creek as Twitchel’s mill on said creek, all of which said streams severally, are to be free for all persons to pass with any water craft loaded with timber or produce of any kind whatsoever.

Creek declared navigable

Sec. 4. That seven mile creek, in Pope county, be and the same is hereby declared a navigable stream, as high up as John McIntier’s house on said creek, which shall be free for all boats to pass up or down said creek at all times.2

Approved, March 1, 1837.

1On January 7, 1837, Jonathan Diarman presented in the House a petition from citizens of Pope County, asking the legislature to declare certain streams in their county navigable. The House referred the petition to a select committee. From the select committee, Diarman introduced HB 118 on January 13. After the second reading of the bill on January 26, the House referred it to a second select committee consisting of Diarman, Abraham Lincoln, and John H. Murphy. On January 30, the committee reported back the bill without amendment. On February 6, the House passed the bill. On February 9, the Senate took up the bill and referred it to a select committee. The committee amended the bill, and the Senate passed it on February 10. On February 25, the House passed the bill as amended by the Senate. On March 1, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 191, 249, 398, 428, 487, 543, 719, 760, 795; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 359, 375, 383, 536, 555.

2The Northwest Ordinance of 1787 had established the principle of the free navigation of the navigable waters leading into the Mississippi and St. Lawrence rivers and their tributaries. Early white settlers to Illinois congregated near the state’s rivers, streams, and creeks. Due in part to the lack of improved highways and in part to the belief that watercourses would remain the principle avenues for transporting people and goods, Illinoisans took pains to assure their navigability through statute. Lawmakers began enacting such laws soon after statehood, and continued the practice until 1867. Declaration as a navigable stream generally meant that no dam, mill, bridge, or other public work or obstruction could be placed on the body of water as to impede the navigation thereof, or drive the water from its natural channel so as to overflow the bottoms, or produce stagnate waters in any place.
“An Ordinance for the Government of the Territory of the United States, North West of the River Ohio,” art. 4 (1787); “An Act Declaring the Sangamon River a Navigable Stream,” 26 December 1822, Laws of the State of Illinois (1823), 81-82; Newton Bateman and Paul Selby, eds., Historical Encyclopedia of Illinois (Chicago: Munsell, 1901), 393-94.