112 PROCEEDINGS OF THE BOARD OF REGENTS. 



tain wliat measures are proposed to be taken by the city authorities of Wash- 

 ington in regard to the canal, so far as concerns the Smithsonian Institution, 

 has examined the subject and now report, for the information of the Regents : 



That the Washington city canal has been constructed under the authority 

 granted by the following laws : 



On the 1st of May, 1802, Gongi-ess passed an act incorporating the Wash- 

 ington Canal Company, to raise S80,000, and construct a canal from the Potomac 

 to the Eastern Branch, to admit boats drawing three feet water to pass through 

 the whole extent of said canal, with the riglit to charge and collect tolls and • 

 wharfage. If not so completed within five years, it was to revert to the United 

 States. 



This act seems to have expired by the failure of the company to execute the 

 work, and on the 16th of February, 1809, Congress incorporated other parties, 

 to raise $100,000, with the same title, to construct the canal through part of the 

 city of Washington, as laid down on a plan of the city defining its limits, to 

 admit of boats drawing three feet water to pass through it ; and if, at any time, 

 the canal shall become obstructed so that boats and scows drawing three feet 

 water cannot pass through from the Potomac to the Eastern Branch, the com- 

 pany shall not collect tolls or wharfage, and all the rights under this act shall 

 cease, unless the canal is completed within seven years from the passage of the 

 act. 



Before the expiration of this seven years, and on the 6th of May, 1812, Con- 

 gress authorized money to be raised by lottery for completing the canal, render- 

 ing it navigable, and draining the marshes and low grounds contiguous thereto, 

 and on the 7th of May, 1822, authority was granted by Congress to the city of 

 Washington to contract with the canal company to change the direction of parts 

 of the canal, to drain and dry the low grounds on the borders of Tiber creek. 



On the 20th of May, 1826, the canal company was authorized to increase the 

 width of the canal along the present boundary of the Smithsonian grounds, and 

 elsewhere, to 150 feet in width, and also to construct basins; and within five 

 years shall construct the canal through its whole length to contain water at least 

 one foot in depth at ordinary low water. 



On the 2d of May, 1831, the canal company sold all its interest to the city of 

 Washington, which was conveyed b}^ a deed dated the 23d of July, 1831 ; and 

 on the 31st of May, 1832, Congress confirmed this sale, and enacted that all the 

 right, title, interest, pro}>erty, and estate of the Washington Canal Company are 

 vested in the mayor, aldermen, and common council, for the aforesaid use, with 

 the proviso, that the canal shall be finished and completed, of the breadth and 

 depth and in the manner and within the time hereinafter prescribed, and not 

 otherwise. The act then prescribes the width at different parts, and then that 

 the canal, throughout its whole length and breadth aforesaid, and the basins, shall 

 have a depth of at least four feet ■water at all times, and that the whole shall 

 be walled on its sides, and made switable for steam- vessels, to be used therein, 

 and finished by the Isit of March, 1833, and in default, all the rights and privi- 

 leges granted by this act shall cease and determine. No tolls or wharfage were 

 allowed to be charged or collected whenever the canal was so out of repair as to 

 impede the free navigation with four feet water. By the same act all the right, 

 title, property, interest, and estate of the United States, of, in, and to that part 

 of the public reservation designated as tlie mall, was vested in the city corpora- 

 tion, in fee, to be sold, and the moneys applied to the construction of the canal. 

 A street of 80 feet wide on the south side, in addition to the 40 feet landing, 

 was also authorized, and previous specified acts, conflicting with this act, were 

 repealed. 



On the 2d of March, 1833, Congress appropriated $150,000 to aid in fulfilling 

 the objects and requirements of the act of 31st of May, 1832, provided the city 

 corporation relinquished all title to the land vested in it by the 8th section of 



