Pennsylvania Grants Permission to Make the Road Through Her Territory—Uniontown Restored, Gist Left Out, and Washington, Pennsylvania, Made a Point—Simon Snyder, Speaker of the House—Pressly Carr Lane, a Fayette County Man, Speaker of the Senate, and Thomas McKean, Governor—A Second Special Message From President Jefferson, and a Second Report of the Commissioners—Heights of Mountains and Hills—On to Brownsville and Wheeling—An Imperious Call Made on Commissioner Kerr.

An Act authorizing the President of the United States to open a road through that part of this State lying between Cumberland, in the State of Maryland, and the Ohio river.

Whereas, by an Act of the Congress of the United States, passed on the twenty-ninth day of March, one thousand eight hundred and six, entitled “An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio,” the President of the United States is empowered to lay out a road from the Potomac river to the river Ohio, and to take measures for making the same, so soon as the consent of the legislatures of the several States through which the said road shall pass, could be obtained: And whereas, application hath been made to this legislature, by the President of the United States, for its consent to the measures aforesaid: Therefore,

Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the President of the United States be, and he is hereby authorized to cause so much of the said road as will be within this State, to be opened so far as it may be necessary the same should pass through this State, and to cause the said road to be made, regulated and completed, within the limits, and according to the intent and meaning of the before recited Act of Congress in relation thereto; Provided, nevertheless, That the route laid down and reported by the commissioners to the President of the United States, be so altered as to pass through Uniontown, in the county of Fayette, and Washington, in the county of Washington, if such alteration can, in the opinion of the President, be made, consistently with the provisions of an act of Congress passed March 29th, 1806, but if not, then over any ground within the limit of this State, which he may deem most advantageous.

Sec 2. And be it further enacted by the authority aforesaid, That such person or persons as are or shall be appointed for the purpose of laying out and completing the said road, under the authority of the United States, shall have full power and authority to enter upon the lands through which the same may pass, and upon any land near or adjacent thereto, and therefrom to take, dig, cut and carry away such materials of earth, stone, gravel, timber and sand as may be necessary for the purpose of completing, and for ever keeping in repair, said road; Provided, That such materials shall be valued and appraised, in the same manner as materials taken for similar purposes, under the authority of this Commonwealth are by the laws thereof, directed to be valued and appraised, and a certificate of the amount thereof shall, by the person or persons appointed, or hereafter to be appointed under the authority of the United States for the purpose aforesaid, be delivered to each party entitled thereto, for any materials to be taken by virtue of this act, to entitle him, her or them to receive payment therefor from the United States.

Approved, the ninth day of April, one thousand eight hundred and seven.
THOMAS M’KEAN.

TENTH CONGRESS—FIRST SESSION.
Communicated to Congress February 19, 1808.

To the Senate and House of Representatives of the United States:

The States of Pennsylvania, Maryland and Virginia having, by their several acts consented that the road from Cumberland to the State of Ohio, authorized by the act of Congress of March 29, 1806, should pass through those States, and the report of the commissioners communicated to Congress with my message of January 31, 1807, having been duly considered, I have approved of the route therein proposed for the said road as far as Brownsville, with a single deviation since located, which carries it through Uniontown.

From thence the course to the Ohio, and the point within the legal limits at which it shall strike that river, is still to be decided.

In forming this decision, I shall pay material regard to the interests and wishes of the populous parts of the State of Ohio, and to a future and convenient connection with the road which is to lead from the Indian boundary near Cincinnati, by Vincennes, to the Mississippi, at St. Louis, under authority of the act of April 21, 1806. In this way we may accomplish a continuous and advantageous line of communication from the seat of the General Government to St. Louis, passing through several very interesting points, to the Western country.

I have thought it advisable, also, to secure from obliteration the trace of the road so far as it has been approved, which has been executed at such considerable expense, by opening one-half of its breadth through its whole length.

The report of the commissioners herewith transmitted will give particular information of their proceedings under the act of March 29, 1806, since the date of my message of January 31, 1807, and will enable Congress to adopt such further measures, relative thereto, as they may deem proper under existing circumstances.

The undersigned, commissioners appointed under the law of the United States, entitled “An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio,” in addition to the communications heretofore made, beg leave further to report to the President of the United States that, by the delay of the answer of the Legislature of Pennsylvania to the application for permission to pass the road through that State, the commissioners could not proceed to the business of the road in the spring before vegetation had so far advanced as to render the work of exploring and surveying difficult and tedious, from which circumstance it was postponed till the last autumn, when the business was again resumed. That, in obedience to the special instructions given them, the route heretofore reported has been so changed as to pass through Uniontown, and that they have completed the location, gradation and marking of the route from Cumberland to Brownsville, Bridgeport, and the Monongahela river, agreeably to a plat of the courses, distances and grades in which is described the marks and monuments by which the route is designated, and which is herewith exhibited; that by this plat and measurement it will appear (when compared with the road now traveled) there is a saving of four miles of distance between Cumberland and Brownsville on the new route.

In the gradation of the surface of the route (which became necessary) is ascertained the comparative elevation and depression of different points on the route, and taking a point ten feet above the surface of low water in the Potomac river at Cumberland, as the horizon, the most prominent points are found to be elevated as follows, viz.:

The law requiring the commissioners to report those parts of the route as are laid on the old road, as well as those on new grounds, and to state those parts which require the most immediate attention and amelioration, the probable expense of making the same passable in the most difficult parts, and through the whole distance, they have to state that, from the crooked and hilly course of the road now traveled, the new route could not be made to occupy any part of it (except an intersection on Wills mountain, another at Jesse Tomlinson’s, and a third near Big Youghiogheny, embracing not a mile of distance in the whole) without unnecessary sacrifices of distances and expense.

That, therefore, an estimate must be made on the route as passing wholly through new grounds. In doing this the commissioners feel great difficulty, as they cannot, with any degree of precision, estimate the expense of making it merely passable; nor can they allow themselves to suppose that a less breadth than that mentioned in the law was to be taken into the calculation. The rugged deformity of the grounds rendered it impossible to lay a route within the grade limited by law otherwise than by ascending and descending the hills obliquely, by which circumstance a great proportion of the route occupies the sides of the hills, which cannot be safely passed on a road of common breadth, and where it will, in the opinion of the commissioners, be necessary, by digging, to give the proper form to thirty feet, at least in the breadth of the road, to afford suitable security in passing on a way to be frequently crowded with wagons moving in opposite directions, with transports of emigrant families, and droves of cattle, hogs, etc., on the way to market. Considering, therefore, that a road on those grounds must have sufficient breadth to afford ways and water courses, and satisfied that nothing short of well constructed and completely finished conduits can insure it against injuries, which must otherwise render it impassable at every change of the seasons, by heavy falls of rain or melting of the beds of snow, with which the country is frequently covered; the commissioners beg leave to say, that, in a former report, they estimated the expense of a road on these grounds, when properly shaped, made and finished in the style of a stone-covered turnpike, at $6,000 per mile, exclusive of bridges over the principal streams on the way; and that with all the information they have since been able to collect, they have no reason to make any alteration in that estimate.

The contracts authorized by, and which have been taken under the superintendence of the commissioner, Thomas Moore (duplicates of which accompany this report), will show what has been undertaken relative to clearing the timber and brush from part of the breadth of the road. The performance of these contracts was in such forwardness on the 1st instant as leaves no doubt of their being completely fulfilled by the first of March.

The commissioners further state, that, to aid them in the extension of their route, they ran and marked a straight line from the crossing place on the Monongahela, to Wheeling, and had progressed twenty miles, with their usual and necessary lines of experiment, in ascertaining the shortest and best connection of practical grounds, when the approach of winter and the shortness of the days afforded no expectation that they could complete the location without a needless expense in the most inclement season of the year. And, presuming that the postponement of the remaining part till the ensuing spring would produce no delay in the business of making the road, they were induced to retire from it for the present.

The great length of time already employed in this business, makes it proper for the commissioners to observe that, in order to connect the best grounds with that circumspection which the importance of the duties confided to them demanded, it became indispensably necessary to run lines of experiment and reference in various directions, which exceed an average of four times the distance located for the route, and that, through a country so irregularly broken, and crowded with very thick underwood in many places, the work has been found so incalculably tedious that, without an adequate idea of the difficulty, it is not easy to reconcile the delay.

It is proper to mention that an imperious call from the private concerns of Commissioner Joseph Kerr, compelled him to return home on the 29th of November, which will account for the want of his signature to this report.

All of which is, with due deference, submitted, this 15th day of January, 1808.

Note.—It will be observed that Keyser’s Ridge, which is unquestionably the highest point on the road, is not mentioned by the commissioners. This is, no doubt, because, at the date of their report, the locality did not bear the name Keyser’s Ridge, and was known as a peak of Negro mountain. Soon after the location of the road, one Keyser acquired the property at the ridge, and it took its name from him. It will also be observed that the measurement of heights by the commissioners was made from “a point ten feet above the surface of low water in the Potomac at Cumberland.” A table of heights given in a subsequent chapter, the authority for which is not ascertainable, differs from that in the commissioners’ report, but their report must be accepted as accurate from their point of measurement. The other table referred to gives the heights above the Atlantic and above Cumberland, and embraces more hills than the commissioners’ report.