Papers Of Abraham Lincoln

In force 4th March, 1837.

AN ACT to authorize James Day to build a toll bridge across the Illinois River.
1

Persons 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 James Day, his heirs and assigns, be, and they are hereby authorized to build a toll bridge across the Illinois river, in the town of Ottawa, where the county road leading to Chicago crosses said river, so as not to interfere with any ferry landings already established by law.

Shall commence within 2 years, to complete the same in 5 years.

Sec. 2. The said James Day, his heirs, or assigns, shall commence the building of said bridge, within two years, and have the same completed within five years from and after the passage of this act. Said bridge shall be built in a substantial and workman-like manner, with a draw or otherwise so constructed as not to obstruct the navigation of said river.2

To place toll gates

May demand toll.

Rates of toll

Sec. 3. That after the completion of said bridge, the said James Day, his heirs, or assigns are hereby authorized to place a toll-gate on either end of said bridge, or elsewhere, where he or they may ask and demand of all and every person passing said bridge, the following rates of toll, to wit: For each two horse waggon drawn by two horses, or one yoke of oxen, twenty-five cents; for each additional pair of horses or yoke of oxen, twelve and a half cents; for each one horse waggon or carriage, eighteen and three fourth cents; for each man and a horse, twelve and a half cents; for each head of hogs, sheep, or goats, one cent; for each head of horses, mules, asses, or cattle, three cents.

Shall keep in good repair.

If left out of repair for six months, shall accrue to county

Sec. 4. The said James Day, his heirs and assigns, shall at all times after the completion of said bridge, keep the same in good repair, and allow a speedy passage to all boats without charge of toll; also to all persons and property, over it, upon the receipt of the tolls, in such cases as is hereafter provided; and if at any time the said bridge be left out of repair, so that the same be impassable for the space of six months, at any one time, the said bridge shall accrue to the county of La Salle, Provided, however, that destruction of said bridge by fire, high water, or other casualty, shall not work a forfeiture of the privileges hereby

<Page 2>
granted, but the said Day, his heirs or assigns, shall proceed immediately to repair the same.

If county com. purchase.

Duty of Day.
Vouchers.

Cost of bridge.

Sec. 5. Whenever the Commissioners of the county of La Salle deem it expedient to purchase said bridge, they shall have the right to do so, by paying the said Day, his heirs or assigns, the original cost of said bridge, with twelve per cent interest 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 James Day, his heirs or assigns, to file with the clerk of the county Commissioners Court of La Salle county, such vouchers as shall be deemed sufficient by said Commissioners to ascertain the cost of said bridge.

Persons injuring to forfeit.

Sec. 6. 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 James Day, his heirs or assigns, double the amount of such injury or damage, to be recovered before any court having jurisdiction of the same.

May hold real estate.

Sec. 7. The said Day, his heirs and assigns, shall be entitled to purchase, hold, and convey so much real estate as may be necessary to construct the aforesaid bridge, and erect a toll house, or whatever may be necessary for the use and purposes of said bridge.

Sec. 8. This act to be in force from and after its passage.

Approved 4th March, 1837.

1On February13, 1837, William Stadden introduced SB 213 in the Senate. On February 8, the Senate referred it to a select committee. The committee reported back on February 24 and recommended several amendments, to which the Senate concurred. The next day, the Senate passed the bill. On February 28, the House of Representatives passed the bill. On March 4, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 718, 764, 849; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 405, 438, 513, 519-520, 582, 634, 639-641.

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.