A JOINT RESOLUTION in relation to the improvement of the Wabash river, and to accept of the terms of a compact between this State and the State of Indiana, offered by the said State of Indiana.
1Preamble.
Whereas it has been certified to the Governor of this State that the Legislature of the State of Indiana has passed and adopted a joint resolution in relation to the improvement of the Wabash river, and to authorise a compact with the State of Illinois, approved the sixth day of January, one thousand eight hundred and thirty-seven,
which said joint resolution is in the words following, to wit: “Whereas, the Legislature of this State, at its last session, appropriated the sum of fifty thousand dollars for the purpose
of improving the navigation of the Wabash river between its mouth and the town of Vincennes;2 and whereas it is believed that the construction and use of the mechanical structures
necessary to this object will require the occupancy of both banks of the river, thereby creating a necessity for mutual and concurrent jurisdiction and control
between the two States. And whereas, the legislation heretofore had upon this subject
by the State of Illinois, affords ground for the belief that that State will co-operate with Indiana, in making the necessary improvement on this portion of the river: Therefore,
“Resolved, by the General Assembly of Indiana, That, for the purpose of accomplishing the object herein set forth, and of securing
to the citizens of both States mutual and equal participation in the benefits resulting
therefrom, it be and is hereby proposed to the Legislature of the State of Illinois, that an agreement or compact be entered into between the two States, the terms of
which shall be as follows:
“First. The States of Indiana and Illinois to have perpetual, equal, and concurrent control of whatever im-
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provements may be made by them on that portion of the Wabash river, which forms the boundary line between these States, to be exercised through such
agents as may be appointed by the States respectively.
“Second. To contribute equally in defraying the expense of constructing and keeping in repair
such improvements, and the various works connected therewith.
“Third. The States to share alike in the profits of said improvements, derived from the
collection of tolls, water rents, or other charges.
“Fourth. The tolls or other charges levied on said improvements, shall be equal and uniform
upon the citizens of both States, and upon the citizens of the United States.
“Fifth. The improvements to be commenced at such point or points, as in the present condition
of the river presents the most serious obstruction to the navigation.
“Resolved, Further, that the acceptance of these term, by the State of Illinois, or by any agent of that State, duly authorised to act in the premises, shall be considered as a consummation of the compact, without
any further action on the part of this State.
“Resolved, Further, that the State Board of Internal improvements be and they are hereby directed
to take charge of the proposed improvements, on the part of this State, and that they be hereby authorised in conjunction with such agents as may be appointed on the part of Illinois, to adopt such plans for the overcoming of the several obstructions as to them may
appear most conducive to the public interest, having regard to the amount of the appropriations
which have been or may hereafter be made by the State.
“Resolved further, That as soon as the Board of Internal improvement may be officially advised of the
acceptance of the terms herein proposed, by the State of Illinois, and of the appropriation by that State, of a sum for the improvement of the river, equal to that heretofore appropriated by Indiana, and also of the appointment of an agent, or agents, on the part of Illinois, to act with them in carrying on the work, they shall thereupon be authorized, in
conjunction with such agents of the State of Illinois, to commence the improvement of the river, at such point or points, where they may think the improvement most requisite.3
“Resolved, That the Governor be requested to transmit a copy of the above joint resolution
to the Executive of the State of Illinois, with a request that it be laid before the Legislature of said State.”
Further preamble
And Whereas, The Legislature of this State is desirous of co-operating with the State of Indiana, in effecting the
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improvement of the navigation of that portion of the said Wabash river, which forms the line between the two States, and for that purpose, has, at the present
session, appropriated the sum of one hundred thousand dollars:4 Now therefore,
Terms binding
Be it Resolved, by the People of the State of Illinois, represented in the General Assembly, That the State of Illinois hereby accepts of the terms of the compact proposed by and set forth in the above
recited joint resolution of the General Assembly of the State of Indiana, in relation to the improvement of that portion of the Wabash river, which forms the boundary line between the two States; and the said compact and terms are hereby declared to be binding on the State of
Illinois.
Commissioners of Public works to take charge of improvements.
In conjunction with Indiana Board, to adopt the necessary plans.
Resolved, further, That the Board of Commissioners of Public Works are hereby authorized and required
to take charge of the proposed improvements, on the part of this State;5 and that they be authorized, in conjunction with the State Board of Internal Improvement
of Indiana, or such other agent or agents as said State may appoint, to adopt and execute such plans for the over-coming of the several obstructions in the said river, as to them may appear most conducive to the public interest; having due regard to
an equal expenditure of funds on said improvements, by both States, and also to the
amount of the appropriations which have been, or may hereafter be made, by this State.
Governor to transmit copy of this resolve to Executive of Indiana.
Resolved, further, That the Governor be requested to transmit a copy of the above preamble and joint
resolutions to the Executive of the State of Indiana, with a request to advise the Board of Internal Improvement of that State, of the acceptance of the terms aforesaid, by the State of Illinois; and with the further request to lay this joint resolution before the General Assembly of Indiana.
Approved March 2, 1837.
1On January 31, 1837, Governor Joseph Duncan presented to the House of Representatives a joint resolution of the Indiana General Assembly, in relation to the improvement of the Wabash River. The House referred the resolution to the Committee on Internal Improvements. On
March 1, 1837, Edward Smith of the Committee on Internal Improvement reported back with the preamble and resolution,
which the House adopted. On March 2, the Senate adopted the resolution.
Illinois House Journal. 1836. 10th G. A., 1st sess., 439-40, 768-71, 803, 805; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 576, 588, 596.
2Section seven of the act creating a system of internal improvements for Indiana.
“An Act to Provide for a General System of Internal Improvements,” 27 January 1836,
Laws of a General Nature of the State of Indiana (1836), 9.
3The Board of Internal improvement was a six-person body authorized to administer the
internal improvement system of Indiana.
“An Act to Provide for a General System of Internal Improvements,” 6.
4Section eighteen, sub-section one, of the internal improvement act creating the Illinois Internal Improvement System stipulated this appropriation.
5Section four of the internal improvement act created a seven-person board of public works to promote, maintain, supervise, and
direct the Illinois Internal Improvement System.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 338-40, GA Session: 10-1