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the writings-2-第71章

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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
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