第 57 节
作者:翱翔1981      更新:2021-02-19 00:45      字数:9321
  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