PEOCEEDINGS OF THE BOAED OF REGENTS. 113 



the act, and all tlie riglits and privileges granted by tlie Stb, lOtli, llth, 12tli, 

 13tb, and 14th sections of said act. 



On tlic 3d of ]March, 1849, Congress appropriated S20,000 for clearing out 

 and deepening that portion of the canal Avhich j^asses through and along the 

 public grounds, provided the city expends a like sum in cleaning out and deep- 

 ening the other portions. 



On the od of INIarch, 1851, Congress appropriated S20,000 for completing, 

 clearing out, and repairing that portion of the canal which passes tlu-ough and 

 along the public grounds, provided the city expends a like sum in clearing and 

 repairing the other portions. 



On tlie 23d of February, 1865, Congress authorized the city corporation to 

 lay taxes * * to introduce the necessary sewerage and drainage facilities undei 

 or upon the whole or any porti(m of any avenue, street, or alley. 



On the 16th of February, 1866, a bill was reported in the House of Repre- 

 sentatives creating a sewerage commission, with power to improve and regulate 

 the Washington city canal, as may be necessary; and on the 6th of March an 

 amendment to the "bill of the 16th of February, 1866, was reported, limiting 

 the number of commissioners to three, giving them power to adopt and lay down 

 a complete and uniform plan of sewerage, as it may deem necessary and most 

 advisable, with reference to the public health and general interest; the city to 

 raise $150,000 to execute the work by contract, and the United States not to be 

 responsible for an amount exceeding one-half the outlay or expenses incurred 

 nnder this act. There was no further action on this bill or amendment. 



About the same time, to wit, on the 7th of March, 1866, the Senate of the 

 United States passed a resolution requiring the appointment of a board of United 

 States engineers, to report a plan for imi;)roving the canal and sewerage of the 

 city. This board, on the 2d of April, 1866, made a partial report for the tem- 

 porary improvement of the canal, which the city authorities adopted, and appro- 

 priated $75,000 to carry into effect. 



Such is all the legislation on this subject the committee has been enabled to 

 find, np to the end of the year 1867 ; from which it appears the United States 

 granted to a company the right to construct the canal in question, on certain 

 conditions and for specified uses; that this company sold all its rights to the 

 corfjoration of the city of Washington, and the United States approved the sale 

 and transfer, granted additional rights, and exacted additional facilities, limiting 

 the uses to navigation })y steamers, bargee, and scows over the whole surf;\ce and 

 length of the canal and Ijasins, from tlie Potomac to the Eastern Branch. No 

 authority is found for converting^the canal into a sewer or recipient for the sewer- 

 age matter of the city, nor can tlie committee find that the purposes of the 'lanal 

 for navigation have ever been carried into full efl'ect. It wouhl further ap})ear 

 that the city can make no sale, transfer, disposition, or change of its rights, inter- 

 ests in and uses of the canal, without the authority of the United States, and it 

 may well be questioned whether or not the city has lost all its rights in the pre- 

 mises, by failing to make the canal navigable, and using it as a sewer and 

 reservoir for the excreta from a large proportion of the population of the city. 



PROPOSED ACTION. 



On the 6th April, 1868, a bill was reported in the board of aldermen, grant- 

 ing to certain citizens all the rights now held by the city in the canal lor a term 

 of 30 years. It proposes to grant, for the sole use and lieuefit of the parties 

 named, all the rights, &c., of the city to the canal, and all the rights conferred by 

 the United States, under the act of the 31st May, 1833. The corporators are to 

 naiTow the existing canal, and de(?pen it to one foot at loiv wafer, and finish 

 the same in June, 1873, and rnay collect tolls and dockage. The company shall 

 extend all sewers now leading hito said canal to the outer surface of the canal 

 8 S 



