Papers Of Abraham Lincoln

In force, Feb.[February] 19, 1839.

AN ACT to authorize Henry W. Cleavland to build a toll-bridge across the Winnebago swamp.
1

Bridge across Green river.

Causeway across swamp.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Henry W. Cleavland and his associates, their heirs and assigns, be, and they are hereby, authorized to erect a toll-bridge across Green river, and a causeway across the Winnebago swamp, at or near the place where the State road from Peoria to Galena now crosses the same.

Time of commencement & completion.

Sec. 2. That the said Henry W. Cleavland, his associates, heirs and assigns, shall commence said bridge and causeway within six months, and have the same completed within one year 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. The said causeway shall be so constructed as to admit, in all places necessary, the free passage beneath it. When the said bridge and causeway are completed, the owners or proprietors thereof shall have right to place at either end, or in the centre of the same, a toll-gate; and they are hereby authorized to ask and demand, from all persons crossing the same, such rates of toll as are hereinafter provided.

Rates of toll.

Sec. 3. The rates of toll for crossing over said bridge and causeway shall be as follows, viz: For each score of hogs, sheep, or goats, twenty-five cents; each mule, ass, or horse, six and one-fourth cents; each head of cattle, four cents; each one-horse wagon, or other vehicle drawn by one horse, twenty-five cents; for the same when drawn by two horses or oxen, thirty-seven and a half cents, and six and one-fourth cents in addition for each additional animal by which the same is drawn; for each man and horse, twelve and a half cents; and for each footman, six and a fourth cents.

Bridge to be kept in repair.

Proviso.

Sec. 4. The said Henry W. Cleavland and his associates, their heirs and assigns, shall, at all times after the completion of said bridge and causeway, 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 herein allowed; and if at any time the said bridge or causeway shall be left out of repair, so that the same shall be impassable, of dangerous of passing, for the space of ten days at any one

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time, the said bridge shall accrue to the county in which it may be situated, and become a free-bridge: Provided, however, That the destruction of said bridge by high water, fire, or other casualty, shall not operate as a forfeiture of the privileges herein granted, if the said proprietor or proprietors, their heirs or assigns, shall immediately proceed to repair or rebuild said bridge, and have the same completed within thirty days after the injury or destruction thereof.

Com’rs[Commissioners] may purchase.

Account of cost to be filed

Sec. 5. Whenever the county commissioners’ court of the county in which said bridge and causeway may be situated, shall deem it expedient to purchase said bridge and causeway and make it free, they shall have the right to do so upon paying the said Cleavland, his heirs and assigns, the original cost of said bridge and causeway, with ten per cent. on the original costs thereof. And for the purpose of enabling the said county commissioners to know the actual cost of said bridge and causeway, the said proprietors shall, as soon as the said bridge and causeway are completed, make out and file with the clerk of said court an account of the actual expenses of building the same, and make affidavit before said clerk, or some justice of the peace, that the said acconnt is in all respects just and true.

Sec. 6. The said causeway shall be raised at least three feet above the surface of the adjacent ground, and shall extend north and south of the bridge across Green river, so as to embrace all the wet ground adjacent to, or connected with, the Winnebago swamp over which the road shall pass. Said causeway shall be made of good timber and covered over with earth, and shall not be less than twenty feet wide; but the said bridge need not be more than fifteen feet in width.

Proprietors liable.

Sec. 7. If at any time the said bridge or causeway is so disordered or impaired, or any of the structures shall be so slightly made, or repaired, that any person or persons, or their property, shall receive injury in consequence thereof, the said proprietor or proprietors, their heirs or assigns, shall be liable to the party or parties injured, for the amount of such injury or damage sustained, recoverable in action of debt, before any court having jurisdiction of the same.2

Approved, February 19, 1839.

1On December 11, 1838, Representative James Craig presented the petition of Henry. W. Cleaveland and others in favor of building a toll bridge and causeway across the Winnebago swamp in Ogle County. The same day, the House of Representatives referred the petition to a select committee. On December 14, the select committee reported favorably on the petition, and James Craig of the committee introduced HB 17 in the House. On December 19, the House referred the bill to the Committee on State Roads. On January 14, 1839, the Committee on State Roads reported the bill with several amendments. The House passed the bill on January 18. On January 5, the Senate referred the bill to the Committee on Judiciary. On February 6, the Committee on Judiciary reported favorably on the bill with amendments. The Senate journal does not provide a specific date for the passage of the bill; however, on February 19, the Senate reported that the House had agreed with the Senate on the passage of a number of bills, including HB 17. On February 19, the Council on Revision approved the bill and the act became law.
Illinois House Journal. 1838. 11th G. A., 1st sess., 84, 115, 208, 226, 236, 369, 405, 428, 462; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 190-191, 208, 279, 298, 337, 347-348.

2In 1839, the legislature passed an act authorizing Cleaveland to build a bridge across the Winnebago Swamp, a low-lying area in the southwest corner of Lee County. That act designated that the bridge was to be finished by February 19, 1840. The bridge was not finished by February 19, 1840, and Cleaveland most likely petitioned the legislature to extend the deadline, which they did in 1841. By 1843, the bridge still had not been built, and the legislature passed a supplementary act that stated Mr. Cleaveland was not compelled to use timber and/or stone for the entirety of the bridge, only where it was absolutely necessary. The road was completed sometime after that.
An Act to Authorize Henry W. Cleavland to Build a Toll-Bridge across the Winnebago Swamp; A Bill to Amend "An Act to Authorize Henry W. Cleveland to Build a Bridge across the Winnebago Swamp," Approved February 19, 1839; “An Act Supplementary to ‘An Act Authorizing Henry W. Cleaveland to Build a Bridge across the Winnebago Swamp,’” 3 February 1843, Laws of the State of Illinois (1843), 44-45; Frank E. Stevens, History of Lee County, Illinois (Chicago: S. J. Clarke, 1914), 1:21, 46-47.