Papers Of Abraham Lincoln

In force, Jan.[January] 24, 1839.

AN ACT to authorize Thomas Reynolds and Elisha Seymour to build a toll-bridge across the Kaskaskia river, at Farmington, in the county of St. Clair.
1

Reynolds and Seymour are authorized to build a toll-bridge.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Thomas Reynolds and Elisha Seymour are hereby authorized to build a toll-bridge across the Kaskaskia river, at Farmington, in the county of St. Clair, situated on section twenty seven, township two south, seven west.

Rates of toll.

Proviso.

Sec. 2. The rates of toll for crossing said bridge to be established from time to time by the county commissioners’ court of St. Clair county: Provided, however, That the rate of toll for crossing said bridge shall never exceed the rates of toll of the different ferries across said river, as established by the county commissioners’ court of said county.

Forfeiture if bridge is out of repair ten days.

Fine.

Proviso.

Sec. 3. Said Reynolds and Seymour shall at all times afford a speedy passage to all persons and their property, on payment of the lawful tolls; and they are hereby authorized to demand and receive the tolls, as herein authorized, for the term of twenty years, and to erect a gate or gates at either end of said bridge; and if said bridge shall at any time be out of repair for ten days together, the said Reynolds and Seymour shall forfeit and pay a fine of fifty dollars, and a like fine for every ten days thereafter that the said bridge may remain out of repair, to be recovered by action of debt before any justice of the peace for said county, one-half to be paid into the county treasury: Provided, That no injury to said bridge, caused by fire, high-water, or other unavoidable cause, shall work a forfeiture if reasonable diligence be used in repairing the same.

Bridge when to be commenced and completed.

Proviso.
Draw to enable steamboats or vessels to pass.

Sec. 4. Said Reynolds and Seymour shall commence the erection of said bridge within two years, and complete the same within five years, from the passage of this act: Provided, That said Reynolds and Seymour cause a sufficient draw to be made to said bridge to enable steamboats, or any other vessels, to pass without obstruction or detention. This act to be in force from and after its passage.2

Approved, January 24, 1839.3

1Vital Jarrott introduced HB 91 to the House of Representatives on December 31, 1838. The House passed the bill on January 7, 1839. The Senate passed the bill on January 21. The Council of Revision approved the bill on January 24 and the act became law.
Illinois House Journal1838. 11th G. A., 1st sess., 151, 161, 176-77, 180, 256, 272, 277; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 148, 154-155, 199, 217-18.

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.

3This act is almost identical to one passed two years earlier, suggesting the earlier bridge was never constructed.