Papers Of Abraham Lincoln

In force Feb.[February] 26, 1841.

An ACT to authorize John Wilson to keep a ferry across the Mississippi River.
1

Location.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Wilson, his heirs and assigns, be, and they are hereby authorized to keep a ferry across the Mississippi river, between Stephenson in Rock Island county, and Davenport in the county of Scott, in the Territory of Iowa; and also to keep a ferry from Ste-

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phenson to Rock Island, and from thence to Davenport for and during the term of ten2 years from the passage of this act, then the rights and privileges herein granted shall cease and determine.

Sec. 2. The said John Wilson, his heirs and assigns shall be governed in the exercise of the grants herein conferred, and be liable to all the penalties and forfeitures contained in the provisions of this (the) “Act to provide for the establishment of ferries, toll bridges and turnpike roads,” approved, February twelfth, one thousand eight hundred and twenty-seven.3

No other ferry with one mile.

Sec. 3. The county commissioners’ court of said county of Rock Island, are hereby prohibited from granting any licence to any other person or persons, bodies politic or corporate, to keep a ferry across said river, within one mile on either side of the ferry house, at or near the termination of Buffalo street, on the bank of said river, in said town of Stephenson, unless the said Wilson, his heirs and assigns should fail to comply with the provisions of the above recited act.

Rates of toll.

Proviso.

Sec. 4. The said John Wilson, his heirs and assigns, shall be entitled to demand and receive from each and every person who may be ferried across said river, and for each horse, ass, mule, ox, cow, sheep, hog, or other animals, cart, wagon, buggy, gig, or other vehicle, and for freight, such rates of ferriage as may be established annually,4 by the county commissioners’ court of said Rock Island county:5 Provided, that such rates shall be reasonable.6

Annual tax.

Sec. 5. For the privileges herein granted the said John Wilson, his heirs and assigns, shall pay into the county treasury of said Rock Island county, such annual tax as may be assessed by the county commissioners’ court of said county, not exceeding the sum of twenty dollars, and in default of the payment of said tax, the said Wilson, his heirs and assigns shall forfeit the sum of thirty dollars, to be recovered in an action of debt in the name of said county, before any justice of the peace therein, subject to appeal as in other cases.

Rights reserved.

Sec. 6. The Legislature reserves the right to alter, amend or repeal this act whenever the public good may require. This act to take effect, and be in force from and after its passage.

Approved, February 26, 1841.

1Alfred W. Cavarly introduced HB 225 in the House of Representatives on February 11, 1841. The House referred the bill to the Committee on State Roads. The Committee on State Roads reported back the bill on February 16 with amendments, in which the House concurred. On February 19, the House rejected two amendments, two-thirds of the votes required for amendment, by a vote of 54 yeas to 29 nays, with Abraham Lincoln voting yea. The House tabled the bill and proposed amendments. On February 22, the House amended the first section by striking out the word “fifteen,” and inserting in lieu thereof the word “ten.” It amended the fourth section by inserting the word “annually” after the word “established.” It also amended the fourth section by striking out the words “from time to time” after the word “county.” It further amended the fourth section by striking out the words “that said rates shall be no greater than the rates of other ferries across said river, in said county,” and inserted in lieu thereof the words “that such rates shall be reasonable.” The House passed the bill as amended. The Senate concurred on or before February 26. On February 26, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 368, 409, 429, 440, 462, 522, 523, 529, 530; Illinois Senate Journal. 1840. 12th G. A., 377, 407.

2On February 22, 1841, the House of Representatives amended the bill by striking out the word “fifteen,” and inserting in lieu thereof the word “ten.”
Illinois House Journal. 1840. 12th G. A., 462.

3“An Act to Provide for the Establishment of Ferries, Toll Bridges And Turnpike Road,” 12 February 1827, The Revised Code of Laws, of Illinois (1827), 220-27.

4On February 22, 1841, the House of Representatives amended the bill by inserted the word “annually.”

5On February 22, 1841, the House of Representatives amend the bill by striking out the words “from time to time.”

6On February 22, 1841, the House of Representatives amended the bill by striking out the words “that said rates shall be no greater than the rates of other ferries across said river, in said county,” and inserted in lieu thereof the words “that such rates shall be reasonable.”