| OCR Text |
Show -34- Mississippi came into the Union under substantially the same conditions, in respect to public lands and free navigation upon the Mississippi River, which Louisiana had previously accepted on becoming a State.79 The enabling act for Illinois required that State to accept the compact (ordinance) of 1787; fixed its boundaries in the middle of the other waterways upon its borders; and provided for concurrent jurisdiction with the State of Indiana on the Wabash River and like jurisdiction on the Mississippi River with any State or States to be formed to the west of that stream.80 To the first constitution of Alabama there was appended an ordinance, irre- vocable without the consent of the United States, containing the usual disclaim- er of title to the public lands and the customary provision for free and unim- peded commerce on all the navigable waters of the State.81 Neither the Act of Massachusetts nor that of the federal Congress permitting the creation of the district of Maine into a new State contained any provision relating to waterways; nor is there any reference to waters or waterways in the state constitution as amended down to the year 1909*^ 79 Constitution of Mississippi of 1817« 4 Thorpe*s Constitutions, 2048; Act of Mar. 1, 1817, S4 3 Stat. at L, 348, 4 Thorpe's Constitutions, 2030-2031. Mississippi was admitted into the Union in the year 1817« Act of Dec. 10, 1817, 3 Stat. at L. 472, 4 Thorpe's Constitutions, 2032. 80 Act of Apr. 18, 1818, 3 Stat. at L. 428, 2 Thorpe's Constitutions, 967-968. The first constitution of Illinois was silent about concurrent jurisdiction on the waters mentioned; but the constitutions of 1848 and 1870 both provided that: 11 • • . • this State shall exercise such jurisdiction on the Ohio river as she is now entitled to, or such as may hereafter be agreed upon by this State and the State of* Kentucky." Constitution of I8I4.8, Art. I, 2 Thorpe's Constitutions, 986; Constitution of I87O, Art. 1, 2 Thome's Constitutions, IOI3, Illinois was admitted into the Union in the year 1818. Act of Dec. 3, 1818. 3 Stat. at L. 536, 2 Thorpe's Constitutions, 985. 81 1 Thorpe's Constitutions, 111+. The first constitution of Alabama, also, provided that the General Assembly make provision for obtaining correct knowledge about improvement of the navigable waters of the State. Constitution of 1819» Art. VI, S21, 1 Thorpe»s Constitutions, 110, The Alabama Constitution of I867, Art. 1, S 26, provided: "That all navi- gable wa.ters shall remain forever public highways free to the citizens of this State and of the United States, without tax, impost or toll imposed; and that no tax, toll, impost or wharfage shall be demanded or received from the owner of any merchandise or commodity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by the General Assembly." 1 Thorpe*s Constitutions, 13U» This was repeated in substance in the constitution of 1875* Art. 1, S25* 1 Thorpe's Constitutions, 156; and in that of 1901, Art. I, S2L|., 1 Thorpe's Constitutions, 18l4» Alabama was admitted into the Union in the year 1819* Act of Dec. llj., 1819* 3 Stat. at L* 608, 1 Thorpe's Constitutions, 95. 82^ Thorpe's Constitutions, 16144. et seq» |
