Papers Of Abraham Lincoln

In force 4th March, 1837.

AN ACT authorizing Robert Toller, William Farmer, and Hugh McDaniel, to build a toll bridge across the Little Wabash river
1

Persons incorporated.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Robert Toller,2 William Farmer, and Hugh McDaniel,3 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 Albion to Maysville crosses said river, so as not to obstruct the navigation of said river by flat or keel boats.4

May erect toll gate.

Rates of toll.

Sec. 2. And at either end of said bridge the said Robert Toller, William Farmer, and Hugh McDaniel, 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 hogs, or sheep, crossing said bridge, one cent; and for each head of cattle, three cents; and for each foot passenger, six and a 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 a 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; for each led horse, mule, or ass, four cents; for one horse and man, twelve and a half cents.

To put up rates of toll.

Penalty for receiving more toll than allowed, or detaining a passenger,

& how recovered.

Sec. 3. The said Robert Toller, William Farmer, and Hugh McDaniel, shall cause to be put up in some conspicuous place near the said bridge, a list of the rates of toll herein enumerated; and if the said Robert Toller, William Farmer and Hugh McDaniel, or any persons 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 Robert Toller, William Farmer and Hugh McDaniel, shall, on conviction for every such offence, forfeit and pay the sum of five dollars, to be recovered by any person sueing for the same, by action of debt before any Justice of the Peace of the county in which said bridge shall be erected.

Penalty for injuring bridge,

and how recovered

Sec. 4. And if any person or persons shall wilfully do, or cause to be done any injury to said bridge, the person or person so offending, shall forfeit and pay to the said Robert Toller, William Farmer, and Hugh McDaniel, their heirs and assigns, double the amount of such injury or damage, to be recovered before any court having jurisdiction of the same.

When bridge to be commenced and completed.

Sec. 5. The said Robert Toller, William Farmer and

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Hugh McDaniel, 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, waggon, teams, cattle &c.[etc.] over it.

To be kept in repair,

& allow a speedy passage.

Sec. 6. Said Robert Toller, William Farmer and Hugh McDaniel, their heirs and assigns shall at all times after the completion thereof, keep said bridge in good repair, and allow a speedy passage to all persons, and their property over it, upon the reception of the tolls, in such case allowed as herein provided; and if at any time the said bridge be impassable for the space of one year, under the penalty of a forfeiture of the privileges granted by the provisions of this act.

Co. com’s. may purchase bridge and terms.

Expenses of bridge, to be made out and filed.

Sec. 7. When the county Commissioners of the county of Clay shall deem it expedient to purchase said bridge, (they shall have the power) to do so by paying the said Robert Toller, William Farmer and Hugh McDaniel, 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 Robert Toller, William Farmer and Hugh McDaniel, 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 for the space of twenty years, and no longer.

Approved 4th March, 1837.

1On February 8, 1837, George Scarborough introduced HB 191, originally titled “A Bill Authorizing Robert Taylor and others, to Build a Toll Bridge Across the Little Wabash River,” 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 21 with several amendments, in which the House concurred. On February 24, the House passed the bill as amended, amending the title so as to read, “A Bill Authorizing Robert Toller, William Farmer, and Hugh McDaniel, to Build a Toll Bridge Across the Little Wabash River.” On February 28, the referred the bill, now titled “A Bill Authorizing Robert Taylor, William Farmer, and Hugh McDaniel, to Build a Toll Bridge Across the Little Wabash River,” 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, amending the title by striking out the name “ Robert Taylor” and inserting in lieu thereof the name “Robert Toler.” On March 2, the House concurred in the Senate amendments. The House further amended the title by striking out the name “Robert Toler” and inserting in lieu thereof the name “Robert Toller.” On March 4, theCouncil of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 512, 657, 697, 796, 805, 837, 846; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 525-26, 560-61, 562, 594, 626.

2Confusion continued to reign over the rendering of this name even after the House of Representatives decided on “Robert Toller.” The Senate enrolled the bill using the name” Robert Taller.”
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 626.

3On February 21, 1837, the House of Representatives amended the bill by adding Farmer and Hugh McDaniel.
Illinois House Journal. 1836. 10th G. A., 1st sess., 657.

4The 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.