Papers Of Abraham Lincoln

In force Jan. 12, 1836.

AN ACT to authorise John Boles and James L. Kirkpatrick, to build a toll bridge across Fever River.
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Authority to erect a toll bridge.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That John Boles, and James L. Kirkpatrick, their heirs and assigns, be, and they are hereby authorised to erect a toll bridge across Fever river, at, or near a place in Galena, called “Meeker’s furnace,”2 and at the termination of the state road surveyed by Joseph Naper in the year 1833, from Chicago to Galena.

Bridge to be kept in repair.

Proviso.

Sec. 2. The said John Boles and James L. Kirkpatrick, their heirs and assigns, shall at all times after the completion of said bridge, keep the same in good repair; and allow at all times a speedy passage to all persons and their property over it, upon the receipt of the toll, as hereinafter provided by this act; and if at any time the said bridge shall be left out of repair, so as the same shall be impassable for the space of six months at any one time, the said bridge shall accrue to the corporation of Galena: Provided however, That the destruction of said bridge by fire, high water, or other unavoidable casualty, shall not operate as a forfeiture of the privileges hereby granted; but the said proprietors, their heirs and assigns, shall immediately proceed to rebuild said bridge or repair the damages.

When to be commenced and completed.

Toll gate.

Sec. 3. The said John Boles and James L. Kirkpatrick, shall commence and complete the said bridge within eighteen months from the passage of this act, in a good and substantial manner, for the safe crossing of persons, wagons, and droves of stock over it; and when the said bridge is completed, the owners or proprietors of the same, shall have the right to place at either end of the bridge a toll gate; and they are hereby authorised to ask and demand from all persons crossing the same, such rates of toll as is hereinafter provided.

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Rates of toll.

Sec. 4. The rates of toll for crossing over said bridge, shall be as follows: for each score of hogs, sheep, or goats, twenty-five cents; each mule, ass, or horse, four cents; each head of cattle, four cents; each one horse wagon, or vehicle of any kind, twenty-five cents; each wagon or other vehicle, drawn by two horses or oxen, thirty-seven and a half cents; each wagon or other vehicle, drawn by more than two horses or oxen, fifty cents; each man and horse, twelve and a half eents; and each footman, six and a fourth cents: Provided, That all persons, citizens of Jo Daviess county, shall have a right to cross said bridge in going to and returning from any muster or election, in said county; and all grand and petit jurors, in going to and returning from court, shall be permitted to cross said bridge free from toll, for themselves and their horses; and the said John Boles and James L. Kirkpatrick, their heirs and assigns, shall pay into the county treasurer of Jo Daviess county, ten dollars per annum, for the first five years after its completion; and the sum of twenty dollars per annum, for each and every year thereafter.

Corporation of Galena may purchase said bridge.

Sec. 5. Whenever the corporation of the said town of Galena, shall deem it expedient to purchase out said bridge, and make it a free one, they shall have the right so to do, upon paying the said Boles and Kirkpatrick, the original cost of said bridge, with ten per centum interest on the same; and for the purpose of enabling the said corporation to know what the actual cost of said bridge was, the said proprietors shall, as soon as the said bridge is completed, make out and file with the clerk of the county commissioners’ court, an account of the actual expence of building the same, and make oath to it before said clerk, or some justice of the peace of the county.

Proviso.

Sec. 6. That the said Boles and Kirkpatrick, be, and they are hereby required to construct said bridge with a draw of sufficient width to permit steam boats and other crafts to pass under the same; and if they should fail to comply with this requisition, all privileges and powers granted them by this act shall be forfeited:3 Provided, That if either the said John Boles or James L. Kirkpatrick, shall fail or refuse to contribute his equal proportion of the expenses in commencing the erection, or framing the timber of the said bridge preparatory to its erection, by the first day of July next, the one so failing, shall forfeit the right herein granted to him.

Sec. 7. This act to be in force from and after its passage.

Approved, Jan. 12, 1835.

1James M. Strode introduced SB 37 in the Senate on December 21, 1835, and the Senate passed the bill on December 23. The House of Representatives passed the bill on January 1, 1836. On January 12, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 141, 147, 193, 201, 285, 303, 307; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 81-82, 93-94, 151, 217, 231.

2Moses Meeker constructed this furnace on the Fever River in Galena around 1823. The site eventually became known as Whittam Row.
The History of Jo Daviess County, Illinois (Chicago: H. F. Kett, 1878), 244.

3The Northwest Ordinance of 1787 established the principle of the free navigation of the Mississippi River and its tributaries, and river and steamboat interests frequently challenged the builders of bridges to maintain that right.
“An Ordinance for the Government of the Territory of the United States, North West of the River Ohio,” art. 4 (1787); Columbus Insurance Co. v. Peoria Bridge Co. (1854), Martha L. Benner and Cullom Davis et al., eds. The Law Practice of Abraham Lincoln, 2d ed. Springfield: Illinois Historic Preservation Agency, 2009.