Papers Of Abraham Lincoln

In force 4th March, 1837.

AN ACT authorizing John W. Sullivan and George Green to build a toll bridge across the Little Wabash River.
1

Authorized to build toll bridge

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That John W. Sullivan and George Green, their heirs and assigns be, and they are hereby authorized to build a toll bridge across the little Wabash river at or near the place where the road leading from Vandalia to Lawrenceville crosses said river below Green’s mills,2 so as not to obstruct said ford where the road crosses said river, and not to obstruct the navigation of said river by flat or keel boats.

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Toll to be received for crossing.

Sec. 2. And at either end of said bridge, the said John W. Sullivan and George Green, their heirs and assigns, are hereby authorized to place a toll gate, where he or they may ask and demand, and receive of all and every person passing said bridge, the following rates to wit: For each head of cattle three cents, and for each foot passenger, six and one fourth cents, for each one horse waggon or carriage, eighteen and three fourth cents, and for each two horse waggon drawn by horses or oxen, twenty-five cents, for each three horse waggon drawn by horses or oxen, thirty-seven and one half cents, for each waggon drawn by four animals fifty cents, for each waggon drawn by six horses, or oxen or mules, sixty-two and a half cents, and for each led horse, mule or ass, four cents, for man and horse twelve and a half cents.

List of rates of toll to be placed on bridge.

Fine incurred for non-compliance.

Sec. 3. The said J. W. Sullivan and George Green shall cause to be put up in some conspicuous place near the said bridge, a list of the rates of tolls herein enumerated, and if the said John W. Sullivan and George Green, or any person acting under them and by their authority, shall demand and receive more toll than is allowed by this act, or shall unreasonably hinder or detain any person wishing to cross said bridge, the said John W. Sullivan and George Green, shall on conviction for every such offence, forfeit and pay the sum of five dollars, to be recovered by any person suing for the same, by action of debt before any Justice of the Peace of the county in which said bridge shall be erected.

Fine forfeited for damages done bridge.

Sec. 4. And if any person or persons shall wilfully do, or cause to be done, any injury to said bridge, the person or persons so offending, shall forfeit and pay to the said John W. Sullivan and George Green their heirs and assigns, double the amount of such injury or damage, to be recovered before any court having jurisdiction of the same.

Bridge to be commenced.

Sec. 5. The said John W. Sullivan and George Green, their heirs and assigns, shall commence the building of said bridge within one year, and have the same completed within two years from the passage of this act, so as to admit the safe passage of persons, waggons, teams cattle &c.[etc.], over it.

Bridge to be kept in good repair.

Forfeiture of privilege.

Sec. 6. The said John W. Sullivan and George Green, their heirs and assigns, shall at all times after the completion thereof, keep said bridge in good repair, and allow a a speedy passage to all persons, and their property over it, upon the reception of the tolls in such cases allowed as herein provided, and if at any time said bridge be left out of repair, so that the same be impassable for the space of one year, under a penalty of a forfeiture of the privilege granted by the provisions of this act.

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County commissioners right to purchase bridge.

Act in force for twenty years.

Sec. 7. When the county commissioners of the county of Clay shall deem it expedient to purchase said bridge, they shall have the right to do so, by paying the said John W. Sullivan and George Green, their heirs and assigns, the original cost of said bridge with twelve per cent thereon, and for the purpose of enabling the county commissioners to know the actual cost of said bridge, it shall be the duty of the said John W. Sullivan and George Green, their heirs and assigns, to file with the clerk of the county commissioners court of Clay county, such vouchers as shall be deemed sufficient by said commissioners to ascertain the cost of said bridge. This act to take effect from and after its passage, and be in force for the space of twenty years and no longer.

Appropriations changed.

Sec. 8. That the appropriations heretofore made to the county of Clay, out of the funds arising from the sale of the Gallatin county or Vermilion Saline lands, be, and the same is hereby changed, and the same to be expended under the directions of the county commissioners court of the said county of Clay, to building of bridges within said county, when they may deem it most advisable any law, to the contrary notwithstanding.3

Approved March 4, 1837.

1On February 8, 1837, Daniel Turney introduced HB 185 in the House of Representatives. The House referred the bill to the Committee on Corporations. The Committee on Corporations reported back the bill on February 20 with several amendments, in which the House concurred. On February 24, the House passed the bill as amended.On February 28, the Senate referred the bill to a select committee. The select committee reported back the bill on March 1 with an amendment, in which the Senate concurred. The Senate passed the bill as amended. On March 2, the House concurred in the Senate amendments. On March 4, theCouncil of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 511, 645, 694, 796, 805, 838, 845; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 525-26, 560, 565-66, 594, 626.

2May be referring to the watermill near Louisville owned by Dr. Peter Green.

3Selling portions of the Saline Reserve Lands and appropriating the proceeds for public works was a forerunner of the Illinois Internal Improvement System. In 1827, the General Assembly petitioned Congress for permission to sell 30,000 acres in either Gallatin County or Vermilion County, the proceeds arising from the sales to go toward public works. An area on the Vermilion River in Vermilion County was eventually selected for sale, and the General Assembly, anticipating congressional approval, enacted a law in 1829 establishing the mechanism for the sale and appropriating the revenue received therefrom. In the winter of 1830-31, the General Assembly passed a resolution asking Congress to allow the state to sell an additional 20,000 acres in Gallatin County. Anticipating congressional approval, the General Assembly passed an act appropriated portions of the revenue arising from the anticipated sale to twenty-six counties, including $200 to Clay County to improve the mail route across the Little Wabash bottom. In January 1836, the General Assembly passed an act appropriating an additional $300 from the sell of the Gallatin Saline Reserves for improvement of the Little Wabash bottom. In that same month, the House of Representatives passed, but the Senate rejected, a bill giving the county commissioners’ court additional revenue from the sale of the Vermilion Saline Reserves. In March 1837, the General Assembly passed an act appropriating an additional $100 to the county from the avails rising from the sale of the Vermilion Saline Reserve.
“An Act concerning the Saline Reserves, a Penitentiary, and the Improvement of Certain Navigable Streams,” 15 February 1827, The Revised Code of Laws, of Illinois (1827), 353-60;“An Act Providing for the Sale of the Vermilion Saline Reserve, and Appropriating the Avails Thereof,” 19 January 1829, The Revised Code of Laws, of Illinois (1829), 143-49; An Act Appropriating a Portion of the Avails Arising from the Sale of the Saline Lands, in Gallatin County, to Internal Improvement,” 16 February 1831, The Laws of Illinois (1831), 14-15.