Act of Virginia.of that state, the waters of which may be used in supplying the western section of the said canal; that the government of the United States shall retain the power to extend the said canal in or through the District of Columbia, on either or both sides of the river Potowmac: Provided, That, before this act shall take effect, the Congress of the United States shall authorize the states of Virginia and Maryland, or either of them, to take and continue a canal from any point of the above-named canal, or the termination thereof, through the territory of the District of Columbia, or any part thereof, to the territory of the said states, or either of them, in any direction they may deem proper, upon the same terms and and conditions, and with all the rights, privileges, and powers of every kind whatsoever, that the company incorporated by this act have to make the Chesapeake and Ohio canal. And provided also, That, in taking or extending such lateral canal or canals through the District of Columbia, by either of the said states, no impedimentor or injury be done to the navigation of the said Chesapeake of Ohio canal.
When act shall take effect.22. This act, or so much thereof as respects the canal and works designed to be constructed in the District of Columbia, and the states of Virginia and Maryland, shall take effect, with such necessary modification in the construction thereof, as shall fit it for such limited application or use, upon the assent of the Congress of the United States, and the legislature of Maryland being given thereto; and upon its receiving the further assent of the legislature of Pennsylvania, the whole and every section and part thereof shall be valid and in full force and operation.
Assent of Congress.23. Be it further enacted, That the assent of Congress of the United States, required by the first section of this act, and the authority conferred by the fourteenth section, is understood and taken, to relate only to their authority as the legislature of the District of Columbia.
Other acts repealed.24. Be it further enacted, That all acts and parts of acts coming within the purview of this act, shall be, and the same is hereby, repealed.
The foregoing is a true copy of an Act of the General Assembly of Virginia.
ACT OF THE STATE OF MARYLAND.
An act to confirm an act to the General Assembly of the state of Virginia, entitled “An act incorporating the Chesapeake and Ohio Canal Company.”
Act of Maryland.Whereas, the General Assembly of Virginia have, heretofore, at the December session of the said General Assembly, in the year eighteen hundred and twenty-three, passed an act, entitled “An act incorporating the Chesapeake and Ohio Canal Company,” in the substance, or words following:
[See the preceding act.]
Therefore, be it enacted by the General Assembly of Maryland, That the said act of the General Assembly of Virginia be, and the same is hereby, accepted, assented to, and confirmed.
Act of Virginia accepted with a condition.And be it further enacted and declared, That, by confirming and accepting the act of Virginia, it is not intended by the legislature of Maryland, to deny to the Congress of the United States the constitutional power to legislate on the subjects of roads and canals. And for the purpose of removing all doubt as to the right of the state of Maryland to intersect the said Chesapeake and Ohio canal, for the purpose of conducting a lateral canal or canals to Baltimore or elsewhere in the state of Maryland, from that part of the said Chesapeake and Ohio canal, which shall be within the District of Columbia—
Be it further enacted and declared, That the said act of Virginia has been accepted and confirmed by the legislature of Maryland, on the express condition, that the act of Congress contemplated by the twenty-first section of the Virginia act, shall direct and provide some safe and practicable mode, whereby such lateral canal or canals may be secured to the state of Maryland, and whereby also it may be determined whether such lateral canal or canals will injure the said Chesapeake and Ohio canal, within the meaning and intention of the said twenty-first section of the Virginia act.
