Papers Of Abraham Lincoln

In force 10th Feb.[February], 1837.

AN ACT to authorize James Jessup to build a bridge across the Skillet Fork
1

J Jessup authorized to build toll bridge and where.

To receive toll.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James Jessup of White county, be, and he is hereby authorized to build or erect a toll bridge across the Skillet Fork of the Little Wabash river, at or near where his present ferry now is, in White county, it being where the road leading from Fairfield, via Abraham Vaughts, to Carmi, crosses the same, and shall receive the toll for passing the same herein allowed, for the term of twenty years, upon his complying with the requisitions of this act.

When to be commenced & when completed.

Proviso.

Sec. 2. The said Jessup shall commence the building

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of said bridge within nine months after the passage of this act, and shall have the same completed within three years, Provided, That it shall not be so construed as to obstruct the navigation of said river by flat or keel boats.2

Rate of toll.

Sec. 3. The rate of toll for passing over said bridge, shall be as follows: For every four wheeled carriage or waggon, with over four horses or oxen, fifty cents; for every four wheeled carriage or waggon with four horses or oxen, forty-three and three quarter cents; for every four wheeled carriage or waggon, with two or three horses or oxen, thirty-seven and a half cents; for every cart with two or more horses or oxen, twenty-five cents; for every dearborn, waggon, gig or cart, with one horse, mule, or ox, eighteen and three fourth cents; for a man and horse, six and one fourth cents; for a footman, five cents; for each loose horse, mule or ass, over one year old, two cents; for each head of neat cattle, one and a-half cents; for each head of hogs, sheep or goats, one cent, Provided, the county Commissioners Court, of White county, shall have the right to change the rates of toll at any time when they shall think it necessary.

County commissioners may purchase bridge.

When bridge completed, account to be filed and where.

Sec. 4. Whenever the county Commissioners of White county shall deem it expedient to purchase said bridge, and make it a free one, they shall have the right to do so, by paying to the said Jessup the original cost, with six per cent thereon; and it shall be the duty of said Jessup, upon the completion of said bridge, to make out an account of the cost of the same, and after having sworn to it, present it to the clerk of the county Commissioners court of White county, to be filed and preserved in his office.

Passage at all times to be afforded.

Who may pass free of toll.

Sec. 5. The said Jessup shall at all times afford a speedy passage over said bridge, to all persons and property, on payment of the tolls herein allowed, Provided, That all persons when going to, and returning from musters, and elections, also all Grand and Petit Jurors, going to and returning from courts, and all persons going to and returning from Divine worship, shall be allowed to pass free, themselves and horses.

Bridge to be kept in repair; if not, forfeiture.

How recovered

Proviso.

Sec. 6. If at any time said bridge shall be left out of repair for ten days together, the said Jessup shall forfeit and pay a fine of fifty dollars, and for every ten days thereafter a fine of fifty dollars, to be recovered by action of debt, by any person sueing for the same; one half to go to the use and benefit of the persons sueing, and the other to the county, Provided, That the destruction or injury of said bridge by fire or high water, shall not work such forfeiture, if the said Jessup shall proceed, with reasonable diligence, to repair the same. The said Jessup shall be

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authorized to place a toll gate at either end of said bridge, and receive the tolls herein allowed. This act to be in force from and after its passage.

Approved, 10th February, 1837.

1Edwin B. Webb introduced HB 49 in the House of Representatives on December 31, 1836. On January 10, 1837, the House referred the bill to a select committee. The select committee reported back the bill on January 13 with various amendments, in which the House concurred. The House passed the bill as amended on January 20. On January 24, the Senate referred the bill to a select committee. The select committee reported back the bill on January 30 with an amendment, in which the Senate concurred. The Senate passed the bill as amended on January 31. The House concurred with the Senate amendment on February 3. On February 10, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 84, 151, 228, 249, 312, 440, 472, 530, 543, 550; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 268, 281, 288, 315, 326, 352, 367, 383-84.

2The 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.