Papers Of Abraham Lincoln

In force March 1, 1837

AN ACT declaring McKees Creek in Pike county, a navigable stream.
1
Sec.[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That the north fork of McKees creek, from its confluence with the Illinois river, as far up as Chambersburg, in Pike county, is hereby declared a navigable stream, and shall at all times hereafter be a public highway, and free for the passage of all boats and water crafts of every description whatever.2

This act to take effect and be in force from and after its passage.

Approved, March 1, 1837.

1On February 6, 1837, William Ross in the Senate presented the petition of citizens of Pike County, requesting passage of an act making McKees Creek as navigable stream. The Senate referred the petition to a select committee. In response to this petition, Ross from the select committee introduced SB 164 in the Senate on February 7. The Senate passed the bill on February 9. The House of Representatives passed the bill on February 25. On March 1, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 531, 717, 760; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 350, 357-58, 369, 373-74, 536, 555, 590.

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.