aintiffs 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., 1859--otherwise 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
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