Thomas B. Searight

State Authority prevails—The Road surrendered by Congress—The erection of Toll Gates authorized—Commissioners appointed by the States to receive the Road—They wrangle over its bad condition, and demand that it be put in thorough repair by Congress, before the States will accept it—Old and familiar names of the Commissioners—The Road accepted by the States.

At the session of the year 1831, the Pennsylvania Legislature passed a bill, which was approved April 4th, of that year, by George Wolf, governor, the preamble to, and the first, and part of the second, and all of the tenth sections of which read as follows:

“Whereas, that part of the Cumberland Road lying within the State of Pennsylvania is in many parts in bad condition for want of repairs, and as doubts have been entertained whether the United States have authority to erect toll gates on said road, and collect toll; and as a large proportion of the people of this commonwealth are interested in said road, and its constant continuance and preservation; 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 authority of the same; That as soon as the consent of the government of the United States shall have been obtained, as hereinafter provided, William F. Coplan, David Downer, of Fayette county, Stephen Hill, Benjamin Anderson, of Washington county, and Thomas Endsley, of Smithfield, Somerset county, shall be, and they are hereby appointed commissioners, a majority of whom shall be sufficient to transact business, who shall hold their offices for three years after the passage of this act, after which the right of appointing said commissioners shall vest in the governor of this commonwealth, to build toll houses, and erect toll gates at suitable distances on so much of the Cumberland Road as lies within the State of Pennsylvania; Provided, that if any one or more of the commissioners should die, resign, or refuse to serve, the Governor shall appoint one or more other commissioners to fill the vacancies so happening; And provided, also, that nothing herein contained shall be construed to prevent the Governor from re-appointing the commissioners named in this act, if he thinks proper.

Sec. 2. That for the purpose of keeping so much of the said road in repair as lies within the State of Pennsylvania, and paying the expense of collection and other incidental expenses, the commissioners shall cause to be erected on so much of the road as passes within this State at least six gates, and that as soon as said gates and toll-houses shall be erected, it shall be the duty of the toll collectors, and they are hereby required to demand and receive for passing the said gates, the tolls hereafter mentioned; and they may stop any person riding, leading or driving any horses, cattle, sulky, chair, phÆton, cart, chaise, wagon, sleigh, sled or other carriage of burden or pleasure from passing through the said gates, until they shall respectively have paid for passing the same, that is to say: (Here follow the rates).

Sec. 10. That this act shall not have any force or effect, until the Congress of the United States shall assent to the same, and until so much of the said road as passes through the State of Pennsylvania, be first put in a good state of repair, and an appropriation made by Congress for erecting toll-houses and toll-gates thereon, to be expended under the authority of the commissioners appointed by this act: Provided, The legislature of this State may at any future session thereof, change, alter or amend this act, provided that the same shall not be so altered or amended, as to reduce or increase the rates of toll hereby established, below or above a sum necessary to defray the expenses incident to the preservation and repair of said road, for the payment of the fees or salaries of the commissioners, the collectors of tolls, and other agents. And provided further, That no change, alteration, or amendment, shall ever be adopted, that will in any wise defeat or affect, the true intent and meaning of this act.”

Ohio was a little in advance of Pennsylvania in accepting the road, and less exacting in her terms. The legislature of that State, on the 4th of February, 1831, passed an act authorizing the acceptance, without requiring that the road should be put in repair as a condition precedent. On the 23d of January, 1832, Maryland, by an act of her legislature, agreed to accept the road upon the same condition required by Pennsylvania, and on the 7th of February, 1832, Virginia accepted in an act similar to that of Ohio. On the 3d of July, 1832, Congress declared its assent to the above mentioned laws of Pennsylvania and Maryland in these words: “To which acts the assent of the United States is hereby given, to remain in force during the pleasure of Congress,” and on the 2d of March, 1833, assented to the act of Virginia with a similar limitation.

TOLL HOUSE.

REFERRED TO THE COMMITTEE OF THE WHOLE HOUSE, TO WHICH IS COMMITTED BILL No. 221.

To the Senate and House of Representatives of the United States in Congress assembled:

The undersigned beg leave to represent that they have been appointed commissioners, under the act of the Legislature of Pennsylvania, to accept from the general government so much of the Cumberland Road as lies within the limits of that State, and erect toll gates as soon as it is put in such a state of repair as is required by the provisions of that act. That they have every disposition to relieve the government from the burden of the road, so soon as they can feel themselves justified, under the law, in doing so; but they beg leave to respectfully represent that the road has not yet been put in that condition that would enable them to accept of it.

On some parts no more than six inches, and west of the Monongahela river, three inches only of metal have been put upon it, and it is apparent that this will be totally insufficient to preserve it under the heavy travel upon that road. Besides, the bridges throughout the whole road remain untouched. Under these circumstances, it is impossible for us, in the discharge of our duty, to accept of it; and we would most earnestly but respectfully urge upon Congress the propriety of making such an appropriation as will complete the repairs in a substantial manner, as required by the act of our own legislature. We will not undertake to prescribe the amount which may be necessary; but, to satisfy your honorable bodies that we are disposed to go as far as the faithful discharge of our duty will permit, we hereby pledge ourselves, so soon as Congress shall make an appropriation of so much money as may be estimated by the department as necessary for that purpose, to accept of the road, and have toll gates erected without delay. We, therefore, beg leave most respectfully to submit to the wisdom of your honorable bodies to determine whether it will be better to make the necessary appropriation to justify us in accepting the road, and relieving the government from all future charge, or to keep it in its present state, subject to annual appropriations for its preservation, as heretofore.

THO. ENDSLEY.
STEPHEN HILL.
DAVID DOWNER.
WILLIAM F. COPLAN.
BENJAMIN ANDERSON.

January 7, 1835.

To the Honorable the Senate and House of Representatives of the United States in Congress assembled:

The undersigned beg leave to represent that they have been appointed commissioners, under the act of Assembly of the State of Maryland, to report to the Governor and Council of said State when that part of the Cumberland Road which lies within the limits of said State shall have been put in that state of repair contemplated by the act of Congress, and the act of Assembly of the State of Maryland, agreeing to receive the road and to keep it in repair; that they will with great pleasure report the road to the Governor and Council the moment they can with propriety do so. And they beg leave to represent that they feel authorized to say that the Governor and Council will, with great pleasure, authorize them to receive the road whenever it shall be put in that condition which would justify the State in accepting it. They further represent that the road has not yet been put in that condition that would justify them in advising the State to receive it. On some parts of the road no more than three and a half inches of metal has been put, and it is evident that this covering will be totally insufficient to preserve it in a fit state for use under the heavy travel which is constantly passing over it. The bridges also, throughout the whole distance, remain in a ruinous and dilapidated condition. They further respectfully represent that the new location from Cumberland, through the narrows of Wills creek and along Braddock’s run, a distance of upwards of six miles, has had but three and a half inches of metal upon it; and the bridge over Wills creek and the bridges over Braddock’s run were to be permanent stone structures, by the act of Assembly of Maryland, authorizing the President to change the location of the road. The undersigned are also advised that it is contemplated by the superintendent to put up wooden structures for bridges, in lieu of the stone bridges required by the act of Assembly of Maryland, authorizing the change in the location of the road, which would be in direct violation of that act. They further represent that the floors of wooden bridges must be removed every two or three years, and the whole structure of the bridges themselves must be built every twenty or twenty-five years.

Under these circumstances it would be impossible for the undersigned, in the discharge of their duty, to recommend to the State the acceptance of the road. And they would most earnestly but respectfully urge upon Congress the propriety of making such an appropriation as will be sufficient to complete the repairs on the old road, and to finish the new location in a substantial manner, as contemplated and required by the act of the Legislature of Maryland. The undersigned will not undertake to prescribe the sum which may be necessary for this purpose; but, to satisfy your honorable bodies that they are disposed to go as far as the faithful discharge of their duty will permit, they hereby pledge themselves that so soon as Congress shall make an appropriation of so much money as may be estimated by the department as necessary for the completion of the repairs of the old road, and the finishing of the road on the new location, together with the construction of permanent stone bridges, they will forthwith report to the Governor and Council the state of the road, and recommend that the State receive such part of the road as may be completed, and to collect tolls on it to keep it in repair, thereby relieving the United States from any further expense for repairs on such part. They further beg leave most respectfully to submit to the wisdom of your honorable bodies to determine whether it will be better to make the necessary appropriation to enable them to recommend the road as in a fit condition to be received by the State, and thus relieve the government from any further burden, or to let it remain in its present state, subject to appropriations for its preservation, as heretofore.

JOHN HOYE,
MESHECK FROST,
Commissioners of the State of Maryland.

On April 1, 1835, Pennsylvania accepted the road in the following brief terms, embodied in the third section of an act of her legislature of that date: “The surrender by the United States of so much of the Cumberland Road as lies within the State of Pennsylvania is hereby accepted by this State, and the commissioners to be appointed under this act are authorized to erect toll gates on the whole or any part of said road, at such time as they may deem it expedient to do so.”

Maryland, Virginia, and Ohio also accepted the road, and thenceforth it was, and remains under the control of the several States through which it passes.