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whether Democratic and Republican party lines were drawn in the
adoption of it; and which were for and which were against it。
If; by possibility; I could get over among you it might be of
some advantage to know these things in advance。
Yours very truly;
A。 LINCOLN。
ARGUMENT IN THE ROCK ISLAND BRIDGE CASE。
(From the Daily Press of Chicago; Sept。 24; 1857。)
Hurd et al。 vs Railroad Bridge Co。
United States Circuit Court;
Hon。 John McLean; Presiding Judge。
13th day; Tuesday; Sept。 22; 1857。
Mr。 A。 Lincoln addressed the jury。 He said he did not purpose to
assail anybody; that he expected to grow earnest as he proceeded
but not ill…natured。 〃There is some conflict of testimony in the
case;〃 he said; 〃but one quarter of such a number of witnesses
seldom agree; and even if all were on one side some discrepancy
might be expected。 We are to try and reconcile them; and to
believe that they are not intentionally erroneous as long as we
can。〃 He had no prejudice; he said; against steamboats or
steamboat men nor any against St。 Louis; for he supposed they
went about this matter as other people would do in their
situation。 〃St。 Louis;〃 he continued; 〃as a commercial place may
desire that this bridge should not stand; as it is adverse to her
commerce; diverting a portion of it from the river; and it may be
that she supposes that the additional cost of railroad
transportation upon the productions of Iowa will force them to go
to St。 Louis if this bridge is removed。 The meetings in St。
Louis are connected with this case only as some witnesses are in
it; and thus has some prejudice added color to their testimony。〃
The last thing that would be pleasing to him; Mr。 Lincoln said;
would be to have one of these great channels; extending almost
from where it never freezes to where it never thaws; blocked up;
but there is a travel from east to west whose demands are not
less important than those of the river。 It is growing larger and
larger; building up new countries with a rapidity never before
seen in the history of the world。 He alluded to the astonishing
growth of Illinois; having grown within his memory to a
population of a million and a half; to Iowa and the other young
rising communities of the Northwest。
〃This current of travel;〃 said he; 〃has its rights as well as
that of north and south。 If the river had not the advantage in
priority and legislation we could enter into free competition
with it and we could surpass it。 This particular railroad line
has a great importance and the statement of its business during a
little less than a year shows this importance。 It is in evidence
that from September 8; 1856; to August 8; 1857; 12;586 freight
cars and 74;179 passengers passed over this bridge。 Navigation
was closed four days short of four months last year; and during
this time while the river was of no use this road and bridge were
valuable。 There is; too; a considerable portion of time when
floating or thin ice makes the river useless while the bridge is
as useful as ever。 This shows that this bridge must be treated
with respect in this court and is not to be kicked about with
contempt。 The other day Judge Wead alluded to the strike of the
contending interest and even a dissolution of the Union。 The
proper mode for all parties in this affair is to 'live and let
live;' and then we will find a cessation of this trouble about
the bridge。 What mood were the steamboat men in when this bridge
was burned? Why; there was a shouting and ringing of bells and
whistling on all the boats as it fell。 It was a jubilee; a
greater celebration than follows an excited election。 The first
thing I will proceed to is the record of Mr。 Gurney and the
complaint of Judge Wead that the record did not extend back over
all the time from the completion of the bridge。 The principal
part of the navigation after the bridge was burned passed through
the span。 When the bridge was repaired and the boats were a
second time confined to the draw it was provided that this record
should be kept。 That is the simple history of that book。
〃From April 19th; 1856; to May 6thseventeen daysthere were
twenty accidents and all the time since then there have been but
twenty hits; including seven accidents; so that the dangers of
this place are tapering off and as the boatmen get cool the
accidents get less。 We may soon expect if this ratio is kept up
that there will be no accidents at all。
〃Judge Wead said; while admitting that the floats went straight
through; there was a difference between a float and a boat; but I
do not remember that he indulged us with an argument in support
of this statement。 Is it because there is a difference in size?
Will not a small body and a large one float the same way under
the same influence? True a flatboat will float faster than an
egg shell and the egg shell might be blown away by the wind; but
if under the same influence they would go the same way。 Logs;
floats; boards; various things the witnesses say all show the
same current。 Then is not this test reliable? At all depths too
the direction of the current is the same。 A series of these
floats would make a line as long as a boat and would show any
influence upon any part and all parts of the boat。
〃I will now speak of the angular position of the piers。 What is
the amount of the angle? The course of the river is a curve and
the pier is straight。 If a line is produced from the upper end
of the long pier straight with the pier to a distance of 350
feet; and a line is drawn from a point in the channel opposite
this point to the head of the pier; Colonel Nason says they will
form an angle of twenty degrees。 But the angle if measured at
the pier is seven degrees; that is; we would have to move the
pier seven degrees to make it exactly straight with the current。
Would that make the navigation better or worse? The witnesses of
the plaintiff seem to think it was only necessary to say that the
pier formed an angle with the current and that settled the
matter。 Our more careful and accurate witnesses say that; though
they had been accustomed to seeing the piers placed straight with
the current; yet they could see that here the current had been
made straight by us in having made this slight angle; that the
water now runs just right; that it is straight and cannot be
improved。 They think that if the pier was changed the eddy would
be divided and the navigation improved。
〃I am not now going to discuss the question what is a material
obstruction。 We do not greatly differ about the law。 The cases
produced here are; I suppose; proper to be taken into
consideration by the court in instructing a jury。 Some of them I
think are not exactly in point; but I am still willing to trust
his honor; Judge McLean; and take his instructions as law。 What
is reasonable skill and care? This is a thing of whi