Whereas, The accumulated obstructions in the channel of the St; Francis river within the-limits of the State of Arkansas, from the town of Wittsburg, in St. Francis county; to Chalk Bluff, in
the county of Greene, cuts off from all steamboat communication with
the Mississippi river, a large number of the citizens of the State of Arkansas, who are dependent on said stream for navigation facilities; And whereas, The
only practicable plan for cleaning and removing the obstructions in
said river St. Francis, so as to make the same afford an easy and safe
navigation, is by incorporating an association of individuals, who are
disposed to undertake the same; And whereas, also, The cleaning out the channel of said river, would
thoroughly and actually reclaim a portion of unsurveyed swamp and overflowed lands, which may be patented to the State of Arkansas, when surveyed by the government of the United States, under the provisions of the act of Congress of the 28th day of September, A. D. eighteen hundred and fifty; therefore,
Section 1. Be it enacted by the General Assembly of the State of Arkansas, That William C. Reyburn, Thomas J. Mellon, Alexander M. Davis, James. W. Bush, James C. Brookfield, Phillip Van Patten, J. F. Davies, and such other persons as may associate themselves with them, not to exceed the number of thirteen in all, be, and they are, hereby incorporated as a body politic under the name and style of " The St. Francis River Navigation Company;" which company shall continue as a body corporate for the term of thirty-three years, and by their said name, and in their corporate capacity, may sue and be sued, plead and be impleaded, have a common seal, hold such property as may be necessary to effect the objects for which said company is incorporated, and dispose of the same, and to do every other act which a body politic or corporate may do.
Sec. 2. Said company shall have the right to clean out the channel of the St. Francis river, and remove all obstructions to the navigation of said river, from the town of Wittsburg, in St. Francis county, to Chalk Bluff, in the county of Greene, in such manner as to render said river navigable for steamboats, between said points above designated, and to keep the same open and free from obstructions for boats ascending and descending said river.
Sec. 3. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, to be divided into shares of twenty-five dollars each; and that books for the subscription of stock in said company shall be opened, under , the direction of the persons above named, and their associates, at the following places, to-wit: Chalk Bluff, Oak Bluff, and Gainsville, in the county of Greene; and at Greensboro and Jonesboro, in the county of Craighead; at Harrisburg and Pineville, in the county of Poinsett; and at Wittsburg, in the county of St. Francis, at such times as they may deem proper
Sec. 4. Be it further enacted, That so soon as said company shall have removed the said obstructions, and cleared the channel of said river, between the points above designated, and said portion of said river thereby is rendered navigable for flatboats, steamboats and water crafts, said company shall be authorized and entitled to receive and charge tolls upon all boats and water crafts, ascending and descending said river between said points as follows, to-wit: the sum of forty cents upon each hundred pounds of freight with which any such boat or water craft may be laden; Provided, The assent of the Congress of the United States be first given to the taking of such toll.
Sec. 5. Be it further enacted, That if it shall be ascertained that the capital stock, hereinbefore mentioned, shall be insufficient to accomplish the objects of this act, said company may enlarge the same as they may deem necessary, and open subscriptions therefor, in such manner as they may direct, at the places aforesaid.
Sec. 6. Be it further enacted, That said company, if the same be deemed advisable and necessary for the •accomplishment of the objects of this act, shall have the privilege of cutting down the timber and material growth of wood on either bank of said river, between the points designated above, that may be likely to cave in or fall in the channel of said river.
Sec. 7. Be it further enacted, That if said company shall fail to open the channel of said river, and remove all obstructions to the navigation of the same, within five years after the passage of this act, said company shall forfeit all rights and privileges granted or created by this act.
Sec. 8. Be it further enacted, That the State of Arkansas hereby agrees to grant, donate, release, relinquish and quit claim to said company, all the right, title and interest she now has, or may hereafter acquire in, and to, any of the unsurveyed swamp and overflowed lands within the distance of three miles of either bank of said river, between the points designated in this act, which shall be reclaimed, drained and rendered fit for cultivation, by means of opening the channel and removing the obstructions in said river.
Seo. 9. Be it further enacted, That if any of said unsurveyed swamp and overflowed lands shall hereafter be patented to the State of Arkansas by the United States, by virtue of the act of Congress, of the 28th day of September, A. D. eighteen hundred and fifty, it shall be the duty of the county surveyors of the county where any of said lands are situate, when called upon by said company, to examine and report, under his official signature, to the auditor of the state, what swamp and overflowed lands beloging to the State of Arkansas, within three miles distance of either bank of said river, between said town of Wittsburg and Chalk Bluff, have been thoroughly and actually reclaimed and rendered fit for cultivation, by means of the improvement of said river by said company.
Sec. 10. Be it further enacted, That upon the filing of such report with the auditor, as aforesaid, it shall be the duty of the. auditor to issue a certificate, under his hand, giving the numbers and descriptions of the land, so reclaimed, to said company.
Sec. 11. Be it further enacted, That said certificate shall be received by the swamp land agent of the district in which such lands may be situated, in full payment for the lands therein described, and he shall issue to said company his certificate of purchase therefor, which certificate of purchase shall authorize the governor to execute a deed conveying said lands to said company, for which certificates, deed, etc., said company shall pay to said officers the same fees as is now prescribed by law for similar services.
Sec. 12. Be it further enacted, That the county surveyor shall have for his services under this act, the sum of five dollars per day, to be paid by said company.
Sec 13. That the State of Arkansas shall, in no case, be responsible for any damages on account of opening the channel of said river, and that said company shall not exercise any banking privileges, and that this act take effect from and after its passage.
Approved, January 7th, 1861.
Source - Acts of Arkansas
LETTER OF MB. W. A. MAY.
Sunk Lands, June 23, 1886.
DEar Sir: Your favor of the 24th ultimo was received some time ago. You request me to furnish you prior to July 1 "as complete statistics of the commerce upon the Saint Francis River as I may be able to secure," &o.
I will state here that owing to the present condition of said river, mnch of the produce of the country is hauled to the railroads, thereby depriving, to a great extent, the steamboats of an immense-amount of freight.
If work should be properly done on Saint Francis Lake and River, such as deepening, straightening, and removing stumps and logs, so as to enable boats to run the entire year, except perhaps the months of June, July, and August, the freight that goes out in other ways would be carried out by the boats, thus giving shippers easier and better facilities for removing their products, and at the same time add from one-third to one-half to the commerce upon the Saint Francis.
You will bear in mind that this is one of the best timbered sections in the Southwest, and that each year vast quantities of walnut, cypress, gum, &c., are floated and boated out of said lake and river, aggregating in value at least a quarter of a million of dollars. Remember, this is only from the (now) head of navigation down.
The head of navigation now is Lester's Landing, in Craighead County, Arkansas.
You cannot scarcely imagine the amount, much less compute the value of the additional timber and other products that would b* boated or floated out, if the Saint Francis should be made navigable from said Lester's Landing up to the Saint Francis crossing of the Narrow Gauge Railroad in Missouri.
In addition to this, large quantities of various kinds of staves are being carried out when the water will admit.
G. M. Rosengranz, of Paragould, Greene County, Arkansas, had from two to four steamboats running from Lester's Landing to Mark-Tree during most of the last fall and winter, carrying out staves, but this work is suspended now on account of the low stage of the water. This alone was high up into the thousands.
Many others would engage in similar enterprises if facilities for getting to market were better.
Besides all this, we must take into account at least 5,000 bales of cotton that are produced by the farmers in this section; also, the thousands of bushels of corn and the many other products, such as potatoes, onions, cabbage, &c., which the rich land produces in abundance.
As above stated, much of the cotton—from one-third to one-half—goes to the railroads.
But little corn is shipped, and the reason of this is that the boats cannot run until it is almost winter, and 12 to 20 miles is too far to haul a wagon-load of corn of only 15 or 20 bushels.
Up to now I would say that each year the commerce on Saint Francis Lake and River has been as follows, as nearly asean be approximated, viz: Timber of all kinds, $250,000; staves of all kinds, $150,000; cotton, corn, and other products, $250,000.
This will be below rather than above the aggregate amount of commerce on the Saint Francis Lake and River, from Lester's Lauding to Mark-Tree, for any one year during the past five.
While it is slowly increasing, it would almost double itself in one year, in my judgment, if the river and lake were improved so as to enable parties engaged in getting out timber, staves, and other products to enjoy better and easier facilities. I remain yours, very respectfully,
Will A. May.
Capt. H. S. Taber,
United States Corps of Engineer».
P. S.—By permission I refer you to Rev. William Y. M, Wilkinson, Arnold Stotts, James Stotts, and G. M. Rims for information on this subject.