United States Statutes at Large/Volume 4/20th Congress/1st Session/Chapter 75

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United States Statutes at Large, Volume 4
United States Congress
Public Acts of the Twentieth Congress, First Session, Chapter 75
2907083United States Statutes at Large, Volume 4 — Public Acts of the Twentieth Congress, First Session, Chapter 75United States Congress


May 23, 1828.
Chap. LXXV.—An Act to grant certain relinquished and unappropriated lands to the state of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Black Warrior rivers.

400,000 acres of relinquished lands in certain counties in Alabama granted to said state, to be applied to navigation.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That four hundred thousand acres, of the relinquished lands in the counties of Madison, Morgan, Limestone, Lawrence, Franklin, and Lauderdale, in the state of Alabama, be, and the same is [are] hereby, granted to said state, to be applied to the improvement of the navigation of the Muscle Shoals, and Colbert’s Shoals, in the Tennessee river, and such other parts of said river within said state as the legislature thereof may direct: But if there shall not be four hundred thousand acres of relinquished unappropriated land in said counties, the deficiency to be made u pout of any unappropriated lands in the county of Jackson, in said state.

Price at which the land shall be sold.Sec. 2. And be it further enacted, That said state of Alabama, shall have power to sell, dispose of and grant said land, for the purposes aforesaid, at a price not less than the minimum price of the public lands of the United States, at the time of such sale.

Improvement.Sec. 3. And be it further enacted, That the said state of Alabama shall commence said improvements within two years after the passage of this act, and complete the same within ten years thereafter.

Grant of all lands to become null and void, if applied to any other object whatever.Sec. 4. And be it further enacted, That if said state of Alabama shall apply the lands hereby granted, or the proceeds of the sales, or any part thereof, to any other use or object whatsoever, than as directed by this act, before said improvements shall have been completed, the said grant for all lands then unsold shall thereby become null and void; and the said state of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been sold, deducting the expenses incurred in selling the same.

Improvements of said navigation shall be commenced, &c.Sec. 5. And be it further enacted, That the improvements of said navigation shall be commenced at the lowest point of obstruction in said river, within said state, continued up the same until completed, and be calculated for the use of steamboats, according to such plan of construction as the United States’ engineers, appointed to survey and report thereon, may recommend, and the President of the United States approve:Proviso. Provided, That such plan shall embrace, if practicable, a connection of the navigation of Elk river, with the said improvements.

Surplus of said grant, to be applied, &c.Sec. 6. And be it further enacted, That after the completion of said improvements, the surplus of said grant, if nay, shall be applied to the improvement of the navigation of the Coosa, Cahawba, and Black Warrior rivers, in said state, under the direction of the legislature thereof.

Rivers, when improved, to be ever free from toll for all property belonging to the United States, &c.Sec. 7. And be it further enacted, That the said rivers, when improved as aforesaid, shall remain forever free from toll for all property belonging to the government of the United States, and for all persons in their service, and for all citizens of the United States, unless a toll shall be allowed by act of Congress.

Approved, May 23, 1828.