quished 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 out of any unappropriated lands in the county of Jackson, in said State. 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. 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. SEC. 4. And be 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. 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: Provided, That such plan shall embrace, if practicable, a connection of the navigation of Elk River, with the said improvements. SEC. 6. And be it further enacted, That after the completion of said improvements, the surplus of said grant, if any, 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. 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 the citizens of the United States, unless a toll shall be allowed by act of Congress. Approved, May 23, 1828. EXHIBIT E Muscle Shoals Grant. List No. 1. PATENT The United States of America to all to whom these presents shall come, greeting: Whereas there has been deposited in the General Land Office of the United States a list of lands to inure to the State of Alabama under the act of Congress of May 23, 1828 (4 Stat. 290), which list was approved by the Secretary of the Interior June 16, 1926, with direction that patent issue to the State for said lands, viz: Now know ye that the United States of America in consideration of the premises and in conformity with the said act of Congress approved May 23, 1828 (4 Stat. 290), has given and granted and by these presents does give and grant unto the said State of Alabama in fee simple the tracts of land above described; to have and to hold the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature thereunto belonging unto the said State of Alabama in fee simple and to its assigns forever. In testimony whereof I, Calvin Coolidge, President of the United State of America, have caused these letters to be made patent and the seal of the General Land Office to be hereunto affixed. Given under my hand in the city of Washington, the twenty-second day of July, in the year of our Lord one thousand nine hundred and twenty-six, and of the Independence of the United States the one hundred and fifty-first. By the president: CALVIN COOlidge. By VIOLA B. PUGH, Secretary. M. P. LEROY, Recorder of the General Land Office. EXHIBIT F MUSCLE SHOALS GRANT DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Mr. R. M. SIMS, Assistant U. S. Attorney, Florence, Ala. MY DEAR SIR: The lands comprising what is known as the Muscle Shoals grant were granted to the State of Alabama under the act of May 23, 1828 (4 Stat. 290). For nearly 100 years this grant was not adjusted and no evidence of the passing of title to the land to the State was issued by this office. During the years 1925 and 1926 an investigation was made to determine what action was possible to bring the matter to a final settlement and as a result patent No. 982600 issued July 22, 1926. This is the only patent that was issued for the land granted to the State under the above mentioned act. A certified extract copy of the record of so much of this patent as pertains to fractional section 7 north of the river, T. 3 S., R. 10 W., Huntsville meridian, was furnished you June 28 in answer to your two letters, one of May 20 inclosing 70 cents, and the other of June 11, 1927, stating that you wanted this copy. This information is given in answer to your letter of July 1, 1927. Very respectfully, D. K. PARROTT, Acting Assistant Commissioner. EXHIBIT G CODE OF ALABAMA, 1923 [Vol. 4, ch. 355. Watercourses. 10565-10575] (Article 2. Easement and right to construct dams. 10570-10572) 10570. (6148) Easement and right to construct dams across navigable rivers.—Any person, firm, or corporation organized for the purpose of improving the navigation upon a navigable river in the State of Alabama and of developing in connection therewith a water power thereof by a dam and lock, or a system of dams and locks, and electrically transmitting and distributing such power for the use of the public, which shall have acquired the necessary lands upon both sides of said river to the extent of at least one more than half of the necessary abutment sites for the said dam or system of dams, and lock or system of locks and shall have been organized or incorporated for the specific and particular purpose of improving the navigation of and developing water power in connection with a particular and specified river, and has prepared plans for the construction of a dam or system of dams and a lock or system of locks appertaining thereto, and filed a copy of said plans in the office of the secretary of state of Alabama, together with a certified copy of its articles of incorporation (if a corporation), which provide both for the improvement of navigation of such river, and for the developing of the full water power of the same over the stretch of river thus to be improved, shall have authority to construct a dam or system of dams, with a lock or system of locks appertaining thereto in such river, for the improvement of navigation of said river by one or more slack water pools, due to the construction of said dam or dams and the development of water power in connection therewith, and to that end and in consideration of the benefits to the public by reason of the improvement of navigation of such river and the development of water power thereof, as herein provided, is granted an easement for power purposes to and in the water and bed of the river in which dam or system of dams, and lock or system of locks are to be constructed, for the full area covered by the slack water pool or pools which will be created by the construction of the said dam or system of dams, to the extent necessary for developing the full power of said river over that length of same upon which navigation is to be improved as provided herein, and for providing suitable and convenient sites for the said dam or system of dams, locks, power houses, and other features appurtenant thereto and necessary for navigation and power purposes, or for either of them, and to the extent made necessary by the impounding, diversion, and conversion of the said waters as the same may be caused by the construction of the said dam or system of dams, or by any other change from the normal state of the said river, due to said construction, and necessary for the purpose of deriving the energy therefrom. STATE OF ALABAMA, Jefferson County. EXHIBIT H To the honorable the SECRETARY OF STATE OF THE STATE OF ALABAMA: Now comes Muscle Shoals Hydro-Electric Power Co. and shows that it is a corporation organized under the laws of the State of Alabama for the purpose of improving the navigation upon the Tennessee River, a navigable river in the said State of Alabama, and of developing in connection therewith the water power thereof by a system of two dams and locks, and electrically transmitting and distributing such power for the use of the public; that it has acquired and owns the necessary lands upon both sides of said river constituting the abutment sites for said system of dams and locks; that it is organized or incorporated for the specific and particular purpose of improving the navigation of the said Tennessee River and developing the water power in connection with said river, and has prepared and herewith files in your office its plans for the construction of said system of dams and locks appertaining thereto, in lieu of the plans heretofore filed by this company, together with certified copy of its articles of incorporation and amendments thereto, to the end of acquiring the easements, rights, and authority granted and conferred by sections 6148 to 6150 of the Code of Alabama of 1907 and other provisions of the laws of the State of Alabama applicable thereto; which said plans filed herewith consist of three sheets numbered for convenience of reference in this certificate 1, 2, and 3 and are further identified as follows: Print No. 1 being a general plan of said development and is dated January, 1915, and is marked "D-4166.' Print No. 2 is the detailed plan and elevation of No. 2 dam and power house and the lock appertaining thereto, and is marked "D-4569." Print No. 3 is the detailed plan and elevation of No. 3 dam and power house and the lock appertaining thereto, and is marked "D-4580." That said plans provide both for the improvement of the navigation of said river, and for the developing of the full water power thereof over the stretch of river thus to be improved, namely, between Dam No. 2 shown on said plans, and Coles Band Bar, a point in said river near Guntersville, in Marshall County, Ala., which stretch of said river is, to wit, 86 miles in length. In witness whereof the said Muscle Shoals Hydro-Electric Power Co. has caused this certificate to be executed in its name by Wiley Alford as its secretary on this the 4th day of January, 1916. MUSCLE SHOALS HYDRO-ELECTRIC POWER Co. By WILEY ALFORD, Secretary. EXHIBIT I CHARTER OF 1666 Charles the Second by the grace of God, of Great Britain, France, and England, defender of the faith, etc. Whereas by our letters patent, bearing date the 4th and 14th day of March, in the fifteenth year of our reign, we were graciously pleased to grant unto our right trusty and right well-beloved cousin and counselor Edward, Earl of Clarendon; our high chancellor of England, our right trusty and right entirely beloved cousin and counselor, George, Duke of Albemarle, master of our horse; our right trusty and well-beloved William, now Earl of Craven; our trusty and well-beloved counselor, John Lord Berkeley; our right trusty and well-beloved counselor, Anthony Lord Ashley, chancellor of our exchequer; our right trusty and wellbeloved cousin, Sir George Carterett, knight and baronet, vice chamberlain of our household; our right trusty and well-beloved Sir John Colleton, knight and baronet; and Sir William Berkeley, knight, all that province, territory, or tract of ground called Carolina, situate lying and being within our dominions of America, extending from the north end of the island called Luke Island which lieth in the southern Virginia seas and within 6 and 30 degrees of the northern latitude, and to the west as far as the South Seas, and so respectively as far as the river Mathias which borders upon the coast of Florida and within 1 and 30 degrees of the northern latitude, and so west in the direct line as far as the South Seas aforesaid. Now know ye that we at the humble request of the said grantees in the aforesaid letters patent named and as a further mark of our special favor toward them we are graciously pleased to enlarge our said grant unto them according to the bounds and limits hereafter specified in favor of the pious and noble purpose of the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton, and Sir William Berkeley, their heirs and assigns, all that rovince, territory, or tract of ground situate lying and being within our dominions of America aforesaid extending north and eastward as far as the north end of Carahtuke River or Gulet Point; straight westerly line to Wyanoke Creek, which lines within or about the degrees of 36 and 30 minutes northern latitude, and so west in a direct line as far as the South Seas; and south and westward as far as the degrees of twenty-nine, inclusive, northern latitude, and so west in a direct line as far as the South Seas, together with all and singular ports, harbors, bays, rivers, and islets belonging unto the Province or Territory aforesaid. And also all the soil, lands, fields, woods, mountains, ferns, lakes, rivers, bays, and islets situate or being within the bounds or limits last before mentioned; with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes in the sea, bays, islets, and rivers within the premises, and moreover all veins, mines, and quarries as well discovered or not discovered, of gold, silver, gems, and precious stones and all other whatsoever, be it of stones, metal, or any other thing found or to be found within the Province, Territory, islets, and limits aforesaid, and furthermore the patronage and avowsons of all the churches and chappels which as Christian religion shall increase within the Province, Territory, and isles and limits aforesaid which happen hereafter to be erected, together with license and power to build and found churches, chapels, and oratories in convenient and fit places within said bounds and limits; and to cause them to be dedicated and consecrated according to ecclesiastical laws of our Kingdom of England, together with all and singular the like and as ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and franchises of what kind soever within the territory, isles, islets, and limits aforesaid. To have and to hold, use, exercise and enjoy the same as amply, fully and in as ample manner as any bishop of Durham in our Kingdom of England ever heretofore had, held, used, or enjoyed, or of right ought or given and used or enjoyed; and they the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John; Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns, we do by these presents for us our heirs and successors make, create and constitute the true and absolute lords and proprietors of the said Province or Territory and of all other the premises, saving always the faith, allegiance and sovereign dominion to us our heirs and successors for the same; to have and to hold possess and enjoy the said Province, Territory, islets, and all and singular other the premises to them the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns forever, to be holden of us our heirs and successors as of our manor of east Greenwich in Kent, in free and common soccage and not in capite or by knight's service, yielding and paying yearly to us our heirs and successors for the same a fourth part of all the gold and silver oar (ore) which within the limits hereby granted shall from time to time happen to be found over and besides a yearly rent of 20 marks and a fourth part of the gold and silver oar (ore) in and by the said reciteful in the letters patent reserved and payable. And that the Province or Territory hereby granted may be dignified with as large tithes and privileges as any other parts of our dominion and territories in that region, know ye that we of our further grace certain knowledge and meer (mere) notion have thought fit to annex the same tract to the grant and territory unto the same Province of Carolina; and out of the fullness of our royal power and perogative we do for us, our heirs and successors, annex and unite the same to the said Province to Carolina. And for as much as we have made and ordained the aforesaid Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns, the true lords and proprietors of all the Province or Territory aforesaid. Know ye therefore moreover that we, reposing special trust and confidence in their fidelity, wisdom, justice, and provident circumspection for us, our heirs and successors, do grant full and absolute power by virtue of these presents to them the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns, for the good and happy government of the said whole Province or Territory full power and authority to erect, constitute and make several counties, baronies, and colonies of and within the said Province, Territories, lands and herditaments in and by the said recited letters paetnt, and these presents granted or mentioned to be granted as aforesaid with several and distinct jurisdictions, powers, liberties and privileges. And also to retain, make, enact and in their seals to publish any laws and constitutions whatsoever either pertaining to the public state of the said whole Province or Territory or any distinct or particular county, barony or colony of or within the same either of private utility of particular persons according to their best distinction by and with the advice assent and approbation of the freemen of the said Province or Territory or of the freemen of the county, barony, or colony for which such law or constitution shall be made or the greater part, or of their delegates or deputies for enacting said laws when and as often as any shall require. We will that the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs or assigns, shall from time to time assemble in such a manner and form as to them shall seem best; and the same laws duly to execute upon all the people within the said Province or Territory, county, barony or colony or the limits thereof for the time being which shall be constituted under the power and government of them or any of them, either sailing toward the said Province or Territory of Carolina or returning from thence toward England or any of our or foreign dominions by imposition of penalties, imprisonments, or any other punishment; yea, if it shall be needful and the quality of the offense require it, by taking away a member and life either by them the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, and their heirs, or by them or their deputies, lieutenants, judges, justices, magistrates, or officers whatsoever as well within the Province as at sea in such manner and form as unto the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, and their heirs shall seem most convenient; also to remit, release, pardon, and abolish whether before judgment or after all requirements and offenses whatsoever against the said laws; and to do all and every other thing and things unto the complete establishment of justice, unto courts, sermons and judgments of judicature and letters and proceedings therein to punish although in these presents express mention is not made thereof; and by judges to him or them delegated to award, process, hold pleas, and determine in all of said courts and places of judicature all actions, suits, and causes whatsoever as well criminal as civil, real, mixed, personal, or of any other kind or nature whatsoever; which laws so as aforesaid to be published. Our pleasure is and we do enjoin, require, and command shall be absolutely firm and available in law; and that all the liege people of us, our heirs and successors within said Province or Territory do observe and keep the same inviolably * * * so far as they concern them under the pains and penalties therein expressed or to be expressed; provided, nevertheless, that said laws be consonant to reason and as near as may be conveniently agree able to the laws and customs of this our realm of England. And because such assemblies of freeholders can not so suddenly call as there may be occasion to require the same, we do therefore by these presents give and grant unto the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir S D-70-1-vol 24- -32 |