Papers Of Abraham Lincoln

In force, Feb.[February] 27, 1841.

An ACT concerning the Great Western Mail Route.
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Counties may erect toll gates and demand tolls.

Proviso.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, 2That it shall be lawful for the several counties through which the Great Western Mail Route has been finished, in part, and through which, by the provisions of an act, entitled "An act to establish and maintain a general system of internal improvements," it is to be constructed, to take under their control and superintendence, that portion of the said road lying within said counties, respectively; and they shall also have power, and the county commissioners' courts of said counties, respectively, are hereby authorized to erect and have kept toll gates, in any part of said road in their respective counties, and establish such reasonable rates of toll thereon, as, in their opinion, will protect and keep in repair such portions of the said road as are, in whole or in part, finished, and supply means for the further prosecution of the said road: Provided, The said rates shall not be burthensome or oppressive to the people.3

Lumber and stone may be used.

When State shall demand road, to be given up.

Proviso.

Sec. 2. It shall be the duty of the said county commissioners' courts, respectively, to use any timber or stone already furnished by the State, for the further prosecution of said road, or for the finishing of any culverts or bridges which are unfinished, in part or in whole, by the State; and it shall be the duty of the said county commissioners' courts, respectively, when the State or the agents of the State demand a surrender of the control and superintendence hereby granted, forthwith to yield up the same, and relinquish all powers, rights and privileges hereby acquired or intended to be conferred upon the said counties, respectively: Provided, That the agents of the State shall pay into the county treasury the amount that may have been expended on the said roads, in each of the said counties, respectively, and which shall not have been fully reimbursed by tolls, with six per cent. interest.

Account of expenditures.

Sec. 3. It shall be the duty of the county commissioners' courts, in each of the counties, respectively, through which said road is to be made, to keep a correct account of all expenditures, and of all moneys received, from tolls or other-

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wise, in a suitable book or books, to be provided for that purpose, and which shall be open, at all times, for the examination of the agents of the State.

Courts may appropriate money for completion of road.

Sec. 4. The said courts, in the said counties, respectively, are hereby authorized to appropriate any amount of moneys belonging to their respective counties that they may deem proper, towards the completion of said road, and to reimburse the same to said counties, respectively, with ten per cent. interest, per annum, thereon, out of moneys which may be collected for tolls on said road.

Citizens shall pay toll.

Sec. 5. This act shall not be construed so as to allow the citizens of the several counties any advantage over other travellers, in case toll gates should be put up; but they shall pay the same toll as other persons.
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Approved, February 27, 1841.

1On February 9, 1841, John Houston introduced SB 168 in the Senate. On February 18, the Senate amended the bill by adding a proviso to the third section. The Senate passed the bill as amended by a vote of 29 yeas to 9 nays. On February 20, the House of Representatives referred the bill to a select committee. The select committee reported back the bill on February 22 with amendments as a substitute, in which the House concurred. The House passed the bill as substituted. On February 26, the Senate agreed to the House amendments. On February 27, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1840. 12th G. A., 442, 451, 457, 525; Illinois Senate Journal. 1840. 12th G. A., 278, 322, 338-39, 377, 416, 429-30, 444.

2On February 22, 1841, the House of Representatives struck out all of the original bill text after the enacting clause and inserted amendments as a substitute.

3Section six of the 1837 internal improvement act appropriated $250,000 for a mail route from Vincennes, Indiana, to St. Louis, Missouri. Pursuant to the provisions of the act, the Board of Commissioners of Public Works commenced surveys on the Great Western Mail Route, which surveyors completed by the fall of 1837. In August 1837, Illinois entered into contracts with private firms to construct portions of the route, and construction commenced. By December 1838, the Board of Commissioners on Public Works had expended $94, 932.07 on the road, and by December 1840, the amount spent had increased to $244,547,43.
John H. Krenkel, Illinois Internal Improvements 1818-1848 (Cedar Rapids, IA: Torch, 1958), 80, 82, 130.

4On February 18, 1841, the Senate amended the original bill by adding a proviso to the third section. On February 22, the House of Representatives adopted amendments as a substitute that made this proviso the fifth section.
Illinois Senate Journal. 1840. 12th G. A., 338; Illinois House Journal. 1840. 12th G. A., 357.