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represented would drive an ascending boat to the long pier but

not to the short pier; as they urge。  He explained from a model

of a boat where the splash door is; just behind the wheel。  The

boat struck on the lower shoulder of the short pier as she swung

around in the splash door; then as she went on around she struck

the point or end of the pier; where she rested。  〃Her engineers;〃

said Mr。 Lincoln; 〃say the starboard wheel then was rushing

around rapidly。  Then the boat must have struck the upper point

of the pier so far back as not to disturb the wheel。  It is forty

feet from the stern of the Afton to the splash door; and thus it

appears that she had but forty feet to go to clear the pier。  How

was it that the Afton with all her power flanked over from the

channel to the short pier without moving one foot ahead?  Suppose

she was in the middle of the draw; her wheel would have been 31

feet from the short pier。  The reason she went over thus is her

starboard wheel was not working。  I shall try to establish the

fact that the wheel was not running and that after she struck she

went ahead strong on this same wheel。  Upon the last point the

witnesses agree; that the starboard wheel was running after she

struck; and no witnesses say that it was running while she was

out in the draw flanking over。〃



Mr。 Lincoln read from the testimonies of various witnesses to

prove that the starboard wheel was not working while the Afton

was out in the stream。



〃Other witnesses show that the captain said something of the

machinery of the wheel; and the inference is that he knew the

wheel was not working。  The fact is undisputed that she did not

move one inch ahead while she was moving this 31 feet sideways。

There is evidence proving that the current there is only five

miles an hour; and the only explanation is that her power was not

all usedthat only one wheel was working。  The pilot says he

ordered the engineers to back her up。  The engineers differ from

him and said they kept on going ahead。  The bow was so swung that

the current pressed it over; the pilot pressed the stern over

with the rudder; though not so fast but that the bow gained on

it; and only one wheel being in motion the boat nearly stood

still so far as motion up and down is concerned; and thus she was

thrown upon this pier。  The Afton came into the draw after she

had just passed the Carson; and as the Carson no doubt kept the

true course the Afton going around her got out of the proper way;

got across the current into the eddy which is west of a straight

line drawn down from the long pier; was compelled to resort to

these changes of wheels; which she did not do with sufficient

adroitness to save her。  Was it not her own fault that she

entered wrong; so far wrong that she never got right?  Is the

defence to blame for that?



〃For several days we were entertained with depositions about

boats 'smelling a bar。'  Why did the Afton then; after she had

come up smelling so close to the long pier sheer off so

strangely。  When she got to the centre of the very nose she was

smelling she seemed suddenly to have lost her sense of smell and

to have flanked over to the short pier。〃



Mr。 Lincoln said there was no practicability in the project of

building a tunnel under the river; for there 〃is not a tunnel

that is a successful project in this world。  A suspension bridge

cannot be built so high but that the chimneys of the boats will

grow up till they cannot pass。  The steamboat men will take pains

to make them grow。  The cars of a railroad cannot without immense

expense rise high enough to get even with a suspension bridge or

go low enough to get through a tunnel; such expense is

unreasonable。



〃The plaintiffs have to establish that the bridge is a material

obstruction and that they have managed their boat with reasonable

care and skill。  As to the last point high winds have nothing to

do with it; for it was not a windy day。  They must show due skill

and care。  Difficulties going down stream will not do; for they

were going up stream。  Difficulties with barges in tow have

nothing to do with the accident; for they had no barge。  〃Mr。

Lincoln said he had much more to say; many things he could

suggest to the jury; but he wished to close to save time。









TO JESSE K。  DUBOIS。



DEAR DUBOIS:



BLOOMINGTON; Dec。 19; 1857。



J。 M。 Douglas of the I。 C。 R。 R。 Co。 is here and will carry this

letter。  He says they have a large sum (near 90;000) which they

will pay into the treasury now; if they have an assurance that

they shall not be sued before Jan。; 1859otherwise not。

I really wish you could consent to this。  Douglas says they

cannot pay more; and I believe him。



I do not write this as a lawyer seeking an advantage for a

client; but only as a friend; only urging you to do what I think

I would do if I were in your situation。  I mean this as private

and confidential only; but I feel a good deal of anxiety about

it。



Yours as ever;



A。 LINCOLN。









TO JOSEPH GILLESPIE。



SPRINGFIELD; Jan。 19; 1858。



MY DEAR SIR:

This morning Col。 McClernand showed me a petition for a mandamus

against the Secretary of State to compel him to certify the

apportionment act of last session; and he says it will be

presented to the court to…morrow morning。  We shall be allowed

three or four days to get up a return; and I; for one; want the

benefit of consultation with you。



Please come right up。



Yours as ever;



A。 LINCOLN。









TO J。  GILLESPIE。



SPRINGFIELD; Feb 7; 1858



MY DEAR SIR:

Yesterday morning the court overruled the demurrer to Hatches

return in the mandamus case。 McClernand was present; said nothing

about pleading over; and so I suppose the matter is ended。



The court gave no reason for the decision; but Peck tells me

confidentially that they were unanimous in the opinion that even

if the Gov'r had signed the bill purposely; he had the right to

scratch his name off so long as the bill remained in his custody

and control。



Yours as ever;



A。 LINCOLN。









TO H。 C。 WHITNEY。



SPRINGFIELD; December 18; 1857。



HENRY C。 WHITNEY; ESQ。



MY DEAR SIR:Coming home from Bloomington last night I found

your letter of the 15th。



I know of no express statute or decisions as to what a J。  P。

upon the expiration of his term shall do with his docket books;

papers; unfinished business; etc。; but so far as I know; the

practice has been to hand over to the successor; and to cease to

do anything further whatever; in perfect analogo to Sections 110

and 112; and I have supposed and do suppose this is the law。  I

think the successor may forthwith do whatever the retiring J。  P。

might have done。  As to the proviso to Section 114 I think it was

put in to cover possible cases; by way of caution; and not to

authorize the J。  P。  to go forward and finish up whatever might

have been begun by him。



The view I take; I believe; is the Common law principle; as to

retiring officers and their successors; to which I remember but

one exception; which is the case of Sheriff and ministerial

officers of that class。



I have not had time to examine this subject fully; but I have

great confidence I am right。  You must not think of offering me

pay for this。



Mr。 John O。 Johnson is my friend; I gave your name to him。  He is

doing the work of trying to get up a Republican organization。  I

do not suppose 〃Long John〃 ever saw or heard of him。  Let me say

to you confidentially; that I do not entirely appreciate what the

Republican papers of Chicago are so constantly saying against

〃Long John。〃 I consider those papers truly devoted to the

Republican cause; and not unfriendly to me; but I do think that

more of what they say against 〃Long John〃 is dictated by personal

malice than themselves are conscious of。  We can not afford to

lose the services of 〃Long John〃 and I do believe the unrelenting

warfare made upon him is injuring our cause。  I mean this to be

confidential。



If you quietly co…operate with Mr。 J。  O。  Johnson on getting up

an organization; I think it will be right。



Your friend as ever;



A。 LINCOLN。









1858







ANOTHER POLITICAL PATRONAGE REFERENCE



TO EDWARD G。 MINER。



SPRINGFIELD; Feb。19; 1858。



MY DEAR SIR:



Mr; G。 A。 Sutton is an applicant for superintendent of the

addition of the Insane Asylum; and I understand it partly depends

on you whether he gets it。



Sutton is my fellow…townsman and friend; and I therefore wish to

say for him that he is a man of sterling integrity and as a

master mechanic and builder not surpassed by any in our city; or

any I have known anywhere; as far as I can judge。  I hope you

will consider me as being really interested for Mr。 Sutton and

not as writing merely to relieve myself of importunity

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