Papers Of Abraham Lincoln

In force, Mar.[March] 2, 1839.

AN ACT to authorize Daniel F. Hitt to build a mill-dam.
1

Mill-dam across Illinois river.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly,2 That Daniel F. Hitt, his heirs and assigns, are hereby authorized and empowered to build and maintain a mill-dam across a slough of the Illinois river, on the north half of section twenty-two, in township twenty-three north, of range two, east of the third principal meridian, in La Salle county,3 on the north side of the island there situated in the Illinois river.

Dam not to interfere with navigation.

Sec. 2. Said dam shall be so constructed as not to interfere with the navigation of said river; and if at any time the State shall improve the navigation of the Illinois river, the right acquired under this act shall not be so construed as to prevent the State from making such improvement.

Approved, March 2, 1839.

1William H. Henderson introduced the bill, originally titled “An Act to Add Range One to the Counties of Marshall and Putnam,” in the House of Representatives on January 28, 1839. The House passed the bill on February 9. The Senate referred it to a select committee on February 13. The committee reported back the bill on February 23 with a substitute, HB 225 , in which the Senate concurred. The Senate passed the bill as amended, amending the title so as to read “An Act to Authorize Daniel F. Hitt to build a Mill-Dam.” The House concurred with the Senate amendment and amended title on February 28. The House, however, enrolled both the original bill and its substitute. The Council of Revision approved both the original bill and the bill as substituted on March 2, and the acts became law.
Illinois House Journal. 1838. 11th G. A., 1st sess., 300, 312, 372, 494, 567, 574, 596; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 308, 326, 389-90, 466, 479.

2On February 23, 1841, the Senate amended the original bill by adopting a substitute bill. It also amended the title.
Illinois Senate Journal. 1838. 11th G. A., 1st sess., 389-90.

3The General Assembly mistakenly recorded and published “township twenty-three north,” when it should have been “township thirty-three north.” Township twenty-three north, range two east, is actually in McLean County. Township thirty-three north, range two east, is west of Ottawa and east of Peru. In 1841, the General Assembly corrected its mistake with an act amendatory to this act.