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THE OLD PIKE.
A HISTORY OF
THE NATIONAL ROAD,
WITH
' I
INCIDENTS, ACCIDENTS^ AND ANECDOTES
THEREON.
ILLUSTRATED.
BY
THOMAS B.SE ARIGHT.
UNIONTOWN. PA : PUBLISHED BY THE AUTHOR
1894.
F
tiS
CorvRiGHT, 1894, by T. B. Searigiit.
I,
PRB8MES OF
M. CULLATON & CO.,
RICHMOND, IND.
LETTER FROM JAMES G. BLAINE.
}
Stan WOOD, Bar JIarbor, Maine, Hon. T. B. Searioht, September 8th, 1892.
Uniontown, Pa.
My Dear Friend: —
I have received the sketches of the "Old Pike"
regularly and have as regularly read them, some of them more than
once, especially where you come near the Monongahela on either side
of it, and thus strike the land of my birth and boyhood. I could
trace you all the way to Washington, at Maiden, at Centreville, at
Billy Greenfield's in Beallsville, at Hillsboro (Billy Kobinson was a
familiar naihe), at Dutch Charley Miller's, at Ward's, at Pancake, and
80 on — familiar names, forever endeared to my memory. I cherish
the desire of riding over the ''Old Pike" with you, but I am afraid
we shall contemplate it as a scheme never to be realized.
Very sincerely.
Your friend,
JAMES G. BLAINE.
}
I
(
I
I
CONTENTS.
CHAPTER I.
PAGES
Inception of the Road — Author's Motive in Writine its History — No History of the Appian Wav — A Popular Error Corrected — Henry Clay, Andrew Stewart, T. M. T. McKennan, General Beeson, Lewis Steenrod and Daniel Sturgeon — Their Services in Behalf of the Road, etc., etc 13-19
CHAPTER II.
Origin of the Fund for Making the Road — Acts for the Admission of
Ohio, Indiana, Illinois and Missouri, etc., etc 20-24
CHAPTER III.
The Act of Congress Authorizing the Laying Out and Making of the
Road 25-27
CHAPTER IV.
Special Message of President Jeflferson — Communicating to Congress
the First Report of the Commissioners — Uniontown left out, etc. 28-35
CHAPTER V.
Pennsylvania grants Permission to make the Road through her Terri- tory— Uniontown Restored, Gist left Out, and Washington, Penn- sylvania, made a Point — Heights of Mountains and Hills — On to Brownsville and Wheeling, etc., etc 30-40
CHAPTER VI.
Albert Gallatin, Secretary of the Treasury, called upon for Informa- tion Respecting the Fund Applicable to the Roads mentioned in the Ohio Admission Act — His Responses 41-43
CHAFIER VII.
The Life of the Road Threatened by the Spectre of a Constitutional Cavil — President Monroe Vetoes a Bill for its Preservation and Repair — General Jackson has Misgivings — Hon. Andrew Stewart Comes to the Rescue. 44-51
CHAPTER VIII.
Stall' Authority Prevails — Tlie Road Surrendered by Congress — The Erection of Toll Gates Authorized — Com misBion era Appointed by theStatea toBeceive tlieKoad, etc.,eto 52-56
CHAPTER IX.
Plan of Repairs— The Macadam System Adopted — Mr. Stocliton offers
hiBserviceH — Captain Delafield made Superintendent, etc., etc.. . 57-63
CHAPTER X.
Lieut. Mansfield superseded by Capt. Delafield — The Turning of Wills
Mountain, etc., etc 04-T(J
CHAPTER XI.
On with the Work — Wooden Bridges Proposed for the New Location up Wills Creek and Braddock's Run — The War Department holds that Wooden Superstructures would be a Substantial Compliance with the Maryland I,aw — Cumberland to Froetburg, etc 77-8(>
CHAPTER XH.
Gen. Lewie Cass, Secretarv of War, Transmits a R*'port — More about
the Wooden Bridges lor the New Locution near Cumberland, etc. 87- (M
CH.\PTER XIH. The Iron Bridge over Dunlap's Creek at Brownsville !!,'> IHi
chaptp:r XIV.
Appropriations by Congress at Various Times for Making, Rcpiiiriiip, '
and Continuing the Road 100-l(Wi
CHAPTER XV. Sjieech of Hon. T. M. T, McKennan 107-lOR
CHAPPER XVI.
Life on the Road — Origin of the Phrase Pike Boys -Slaves Driven like Horses — Race Distinction at the Old Taverns— Old Wagon- ers—Regulars and Sharpahootera— Line Teams lOD-ll.")
CHAPTER XVH.
Old Wagoners continued — Broad and Narrow Whet'ls- A Peculiar WaRon- An Experiment and a Failure — W'ngon Beds — Bi'll Teams llG-llif
CONTENTS. 7
CHAPTER XVIII. PAGES
Old Wagoners continued 120-126
CHAPTER XIX. Old Wagoners continued — The Harness they Used, etc 127-133
CHAPTER XX.
Old Wagoners continued — An Exciting Incident of the Political Cam- paign of 1840 — All about a Petticoat — A Trip to Tennessee — Origin of the Toby Cigar — The Rubber — The Windup and Last Lay of the Old Wagoners 134-145
CHAPTER XXI. Stage Drivers, Stage Lines and Stage Coaches — The Postillion, etc. . . 146-155
CHAPTER XXli.
Stages and Stage Drivers continued — Character of Drivers Defended
— Styles of Driving — Classification of Drivers, etc 156-163
CHAPTER XXm.
The First Mail Coaches — The Stage Yard at Union town — Names of Coaches — Henry Clay and the Drivers — Jenny Lind and Phineas T. Baruum on the Road, etc., etc 164-174
CHAPTER XXIV.
Stages and Stage Drivers continued — Gen. Taylor Approaching Cum- berland— Early Coaches, etc 175-183
CHAPTER XXV.
Distinguished Stage Proprietors — Lucius W. Stockton, James Reeside, Dr. Howard Kennedy, William H. Stelle — Old Stage Agents — The Pony Express. . . , 184-11)1
CHAPTER XXVI.
Old Taverns and Tavern Keepers from Baltimore to Boonsboro — Pen
Picture of an Old Tavern by James G. Blaine 192-196
CHAPTER XXVII.
Old Taverns and Tavern Keepers continued — Boonsboro to Cumber- land 197-203
CHAPTER XXVIII.
Old Taverns and Tavern Keepers continued — Cumberland to the
Little Crossings— The City of Cumberland 204-208
1
CONTENTa.
CHAPTER XXIX.
Old Taverns and Tavern Keepers continued— Little Crossinge to
Winding Ridge— Grantsville 209-213
CHAl-TER XXX.
Old Taverns and Tavern Keepera continued— Winding Ridge to tbe
Big CroBBinga — Tbe State Line- How it is Noted 214-219
CHAPTER XXXI.
Oid Taverns and Tavern Keepers continued— Big CrosBings to Ml. â–
Washington 220-226
CHAPTER XXXII.
Old Taverns and Tavern Keepers continued— Mt. Washington to
Uniontown 227-233
CHAPTER XXXIII.
Old Taverns and Tavern Keepera continued— Uniontown — Tlie Towji as it Appeared to Gen. DouglasB in 1784 — Its !Subse<iuent(jro«th and Improvement, etc.. etc 2;(4-243
CHAPTER XXXIV.
Old Taverns and Tavern Keepers continued — Uniontown to Searighl?, 244-249
CIIAITER XXXV.
Old Taverns and Tavern Keepers continued — Searights to Browns- ville 2)0-259
CHAPTER XXXVI.
Old TavoriiB and Tavern Keepers continued — Brownsville to Itealls-
ville 2G0-2(i5
CIIAITER XXXVII.
Old Taverns and Tavern Keepers continued — Ileallsville to Wasbing-
ton 21)6-272
CHAPTER XXXVIII.
Old TitvcrnB and Taveni Keepera continued — Wasliinglon, Penn.—
Washington and Jeflerson College- The Female Seminary :;73-282
CIIAITER XXXIX.
Old Taverns and Tavern Keepers continued — Wasliingtou to West
Alexander 28a-289
CONTENTS. 9
CHAPTER XL.
PAGES
Old Taverns and Tavern Keepers continued — West Alexander to
Wheeling 290-297
CHAPTER XLI.
West of Wheeling— Old Stage Lines Beyond the Ohio River — Through
Indiana — The Road Disappears Among the Prairies of Illinois.. . 298-310
CHAPTER XLII.
Superintendents under National and State Control — Old Mile Posts,
etc 311-318
CHAPTER XLIII. Old Contractors — Cost of the Road — Contractors for Repairs, etc 319-322
CHAPTER XLIV. Thomas Endsley, William Sheets, W. M. F. Magraw, etc 323-328
CHAPTER XLV. Dumb Ike — Reminiscences of Uniontown — Crazy Billy, etc 329-338
CHAPTER XLVI. The Trial of Dr. John F. Braddee for Robbing the U. S. Mails 339-352
CHAPTER XLVII.
Visit of John Quincy Adams to Uniontown in 1837 — Received by Dr. Hugh Campbell — The National Road a Monument of the Past — A Comparison with the Appian Way 353-350
APPENDIX.
Digest of the Laws of Pennsylvania Relating to the Cumberland Road — Unexpended Balances in Indiana — Accounts of Two Old Com- missioners—Rates of Toll — Letters of Albert Gallatin, p]benezer Finley and Thomas A. Wilev — Curiosities of the Old Postal Ser- vice r ' 357-384
ILLUSTRATIONS.
PAGE
T. B. Searight Frontispiece
Old Mile Post 5
Stage House and Stables at Mt.
Washington 13
Gen. Henry W. Beeson 15
Hon. Daniel Sturgeon 16
Hon. Andrew Stewart 47
Old Toll House 53
Iron Bridge over Dunlap's Creek. 95
Hon. T. M. T. McKennan 107
Road Wagon 109
John Thompson Ill
Daniel Barcus 112
Henry Clay Rush 114
Harrison Wiggins 116
John Marker 118
Ellis B. Woodward 119
John Deets 121
John Snider 122
-William Hall 124
John Wallace 126
Alfred Bailes 129
German D. Hair 130
Ashael Willison 135
Jacob Newcomer 137
John Ferren 138
Morris Mauler 140
James Smith, of Henry 144
Stage Coach 146
William Whaley 151
Redding Bunting 152
John Bunting 156
.Samuel Luman 158
Joseph Whisson • 162
Mai. William A. Donaldson 165
William G. Beck 168
Henry Farwell 171
The Narrows 176
Hanson Willison 178
Matt. Davis 180
John Mcllree 182
L. W. Stockton 185
James Reeside 186
William H. Stelle 189
John Kelso 204
David Mahaney 210
John Risler 215
The Temple of Juno 217
PAGE
The Endsley House 218
The Big Crossings 220
Daniel Collier 222
Sebastian Rush 225
Ruins of John Rush House 226
Hon. Samuel Shipley 229
Stone House, Darlington's 230
James Snyder 232
Gen. Ephraim Douglass 235
Aaron Wyatt 239
The Brownfield House 240
Col. Samuel Elder 242
The Searight House 245
Joseph Gray 247
William Shaw 248
Abel Colley 250
Hon. William Hatfield 252
The Johnson-Hatfield House 254
The W^orkman House 256
Bridge over the Monongahela . . . 259
Old Tavern at Maiden 261
William Greenfield 263
Charles Guttery 265
Billy Robinson 267
Daniel Ward 268
John W. McDowell 270
S. B. Hayes 279
Geoi^e T. Hammond 281
The Rankin House 283
The Miller House 284
The "S" Bridge 286
David Bell 288
Joseph F. Mayes 291
Mrs. Sarah Beck 292
Col. Moses Shepherd 294
Mrs. Lydia Shepherd 295
John McCortney 296
Bridge over Whitewater River .. 308
Gen. George W. Cass 311
William Searight 313
William Hopkins 315
Daniel Steenrod 320
W. M. F. Magraw 327
"Crazy Billy" 333
German D. Hair House 353
Dr. Hugh Campbell 354
The Big Water-Trough on Laurel
Hill 356
I
>
THE OLD PIKE.
CHAPTER I.
Iitceptivn of the Road — Author^s Motive in Writing Us History — No History of Uie Appian Way — A Popular Error Corrected — Hairy Clay^ Andrew Steivart, T. M. T. McKennanj Gen, Beeson, Lewis Steeiirod and Daniel Sturgeon — Tlteir Serrices in Behalf of the Road — Braddock^s Road — Business and Grandeur of (lie Road — Old and Odd Names — Taverns — No Beer on the Road — De- finition of Turnpike — An Old Legal Battle.
The road which forms the subject of this volume, is the only high- way of its kind ever wholly constinieted by the government of the United States. When Congress first met after the achievement of Independence and the adoption of the Fedeml Constitution, the lack' of good roads was much commented upon by our statesmen and citi- zens generally, and various schemes suggested to meet the manifest want. But, it was not until the year 1806, when Jcffei*son was Pres- ident, that the proposition for a National Koad took practical shape. The first step, as will hereinafter be seen, was the appointment of commissioners to lay out the road, with an appropriation of money to meet the consequent expense. The author of this work was born and reared on the line of the road, and has spent his whole life amid scenes connected with it. He saw it in the zenith of its glory, and with emotions of sadnegs witnessed its decline. It was a highway at once 80 grand and imposing, an artery so largely instrumental in promoting the early growth and development of our country's wonderful re- sources, so influential in strengthening the bonds of the American Union, and at the same time so replete with important events and in- teresting incidents, that the writer of these pages has long cherished a hope that some capable hand would write its history and collect and prescribe its legends, and no one having come forward to perform the task, he has ventured upon it himself, w^ith unaffected diflftdence and a full knowledge of his inability to do justice to the subject.
It is not a little singular that no connected history of the re- nowned Appian Way can be found in our libraries. Glimpses of its existence and importance are seen in the New Testament and ii\ ^vxv^
2 (18)
14 THE OLD PIKE.
old voluiiiOB of i-lattsif loit;, but an ai-ciimlf aiiJ coiiiplott; hiMtory of
its inception, puri>090, construction and development, with thft inci-
(lentH, accidents and anecdotes, which of ueceHsity were connected
with it, Boems never to have been written. Thia should not be Bnid V
of the irrcat National Road of the United States ot America. The S|
Appian Way has been called the Queen of Roads. We claim for our \i
National highway that it teas the King of Roads. i
Ti-adition, cheerfully acquiesced in by popular thought, attributes \
to Henry Chiy the conception of the National Road, but this seems to w
be error. The Hon. Andrew Stewart, in a speech delivei-ed in Con- l
gress, January 27th, 1829, asserted that "Mr. Gallatin was the very ^
first man that ever suggested the plan for making the Cumberland t
Road," As this assertion was allowed to go unchallenged, it must be iweepted as ti-ue, however sti-ongly and strangely it conflicts with the popular belief before stated. The reader will bear in mind that the National Road and the Cuinberland Road are one and the same. The ^ '
i-oad as constructed by authority of Congi-ess, begins at the city of Cumberland, in the State of Maryland, and this is the origin of the t <
name Cumberland Road. All the acts of Congi-ess and of the legis- latures of the States through which the i-oad passes, and they are * | â– numerous, refer to it as the Cumberland Road. The connecting link K'tween Cumberland and the city of Baltimore is a road much older i than the Cumberland Road, constructed and owned by associations of individuals, and the two together constitute the National Road. /
While it apjwara from the authority quoted that Henrj' Clay was , }• _
not the planner of the National Road, he was undoubtedly its ablest | |
and most conspicuous champion. In Mallory's Life of Clay it is :^ '.
slated that " he advocated the policy of can-ying forward the construe- *
tion of the Cumberland Road as rapidly as possible," and with what *J â–
earnestness, continues his biographer, "we may learn from his own langujige, declaring that he had to beg, entreat and supplicate Congress, session after session, to grant the necessary appropriations to com- ^
plete the road." Mr. Clay said, "I have myself toiled until my powers have been exhausted and prostrated to prevail on you to make i. ^
the grant." No wonder Mr. Clay was a popular favorite along the whole line of the i^oad. At a public dinner tendei-ed him by the me- ,
chanics of Wheeling, he spoke of •' the gi-eat interest the road ha<l awakened in his breast, and expressed an ai-dent desire that it might bo prosecuted to a speedy completion." Among other things he said that "a few yeai-a since he and his family had employed the whole or greater part of a day in traveling the distance of about nine miles fifmi Uniontown to Freeman's,* on Laui-el Hill, which now, since the constrnctibn of the i-oad over the monntainH, could be accomplished, _ ^
together with seventy more in the same time," and that "the i-oad
â–¡ kept B taveni on Ibe old Braddock Road, a abort dteUDM >outh of B hiB house on LBorel Hill. Was an error ol Mr. CUy, bol ol MtUe con- lae UEider tbe clicDnutancea, A moDument vaa erected, and la itlll Dear Wbeellnc. commemorative of the (errlcea ot Mr. Cli; Id bebalf
GEN. HENRY W. BEE80N.
THE OLD PIKE. 15
was SO important to the uiaiiitenanee of our Union that he would not consent to give it up to the keeping of the several States through which it passed." •
Hon. Andrew Stewart, of Uniontown, who served many years in Congress, beginning with 1820, was, next to Mr. Clay, the most widely known and influential congressional friend of the road, and in earnestness and persistency in this behalf, not excelled even by Mr. C-lay. Hon. T. M. T. McKennan. an old congressman of Washington. Pennsylvania,was likewise a staunch friend of the road, carefully guard- ing its interests and pressing its claims upon the favorable consideration of Congress. Gen. Henry W. Beeson, of Uniontown, who re])resented the Fayette and Greene district of Pennsylvania in Congress in the forties, was an indomitable friend of the road. He stoutly opposed the extension of the Baltimore and Ohio railroad west of Cumberland, through Pennsylvania, and was thoroughly sustained by his constit- uents. In one of his characteristic speeches on the subject, h(^ fur- nished a careful estimate of the number of horse-shoes made by the blacksmiths along the road, the number of nails required to fasten them to the horses' feet, the number of bushels of grain and tons of hay furnished by the farmers to the tavern keepei>», the vast quantity of chickens, turkeys, eggs and butter that found a ready market on the line, and other like statistical information going to show that the National lioad would better subserve the ])ublic weal than a steam railroad. This view at the time, and in the locality affected, was re- garded as correct, which serves as an illustration of the change that takes place in public sentiment, as the wheels of time revolve and the ingenuity of man expands. Lewis Steenrod, of the Wheeling district, was likewise an able and influential congressional friend ot the road. He was the son oi* Daniel Steenrod, an old tavernkeeper on the road, near Wheeling; and the Cumberland, Maryland, dis- tnct always sent men to Congress who favored the preservation and maintenance of the road. Hon. Daniel Sturgeon, who served as a senator of the United States for the State of Pennsylvania from 1840 to 1852, was also an undeviating and influential friend of the road. He gave unremitting attention and untiring support to every measure brought before the Senate during his long and honorable service in that body, designed to make for the road's prosperity, and preserve and maintain it as the nation's great highway. His home was in Uniontown, on the line of the road, and he was thoroughly identified with it alike in sentiment and interest. He was not a showy states- man, but the possessor of incorruptible integrity and wielded an in- fluence not beneath that of any of his compeei*s, among whom were that renowned trio of Senatoi*s, Clay, Webster and Calhoun.
Frequent references will be made in these ])ages to the Old Brad- dock Koad, but it is not the purpose of the wn'iter to go into the his- tory of that ancient highway. This volume is devoted exclusively to the National Road. We think it pertinent, however, to remark that Braddock's Road would have been more appropriately named Wash-
1
16 THB OLD PlKl.
inf^toiiH Hotul. WaMlitii^uii pussud ovor it in i-ommuiul of a detncli- iiuuit of Virginia ti*oopi!i iiioi-o than a year before Braddwk ever saw it. Mr. Ycech. the eminent local historian. Hays that Bi-addock's K<iad and Nemicolon's Indian trail are identical, ho that Nemieoloii, the Indian, would aeein to have a hijjher claim to the honor of givinjj name to this old road than General Braddock. However, tinio, usage and common connent unite in calling it Braddock's Road, and, an a rule, we hold it to be very unwinc, not to say downright foolinhncax, to undertake to change old and familiar names. It is difficult to do, and ought not to he done.
Fi'oni the time it wan thrown oiwii to the public, in the year 1818. until the c<miing of raitroudn west of the Allegheny monnlainN. in 1852, the National Hoad wa« the one great highway, over which jiassod the bulk of trade and tnivel, and the mails between the Kust and the West. Its numei-ous and stately stone bridges with hand- somely turned arches, its iron mile jKwts and its old ii-on gates, attest the skill of the workmen engaged on its construction, and to this day remain enduring monuments of its grandeur and solidity, all save the ini]H>sing ii-on gates, which have disapjtcared by process of conversion jironipted hy some utilitarian idea, savoring in no little measure of sacrilege. Many of the most illuslnons statesmen and homes of the early period of our national existence passe<l over the Xational lioatl fVom their homes to the capital and luick. at the opening and closing i>f the sessions of Congi-ess. Jackson, Harrison. Clay. Sam Houston. Polk, Taylor, Crittonden, Shelby, Allen. Scott. Butler, Ihe eccentric Davy (.'rwkett, and many of their contem|K)nirics in jmhlic senici', were familiar figui-cs in the eyes of the dwellei-s by the i-oadwidc. The writer of these pages frequently saw Ihest; distinguished men on their passage over the road, and remembei-s with no little pride the incident (if shaking hands with (ieneml Jackson, as he sal in his carriage on the wagim-yard of an old tavei-n, A coach, in which Mr. Clay was pi-oceediiig to Washington, was u|)set on a pile of limestone, in the main sti-ect of Uniontown, a few moments after supix-r at the .McClel- land house. Sam Sibley was the driver of that coach, and hud his nose hiiikeu by the accident. Mr. Clay was unhurt, and U]khi being extricated fi-oni the grounded (^oaeb, facetiously i-emarked that : 'This is mixing the Clay of Kentucky with the limestone of Pennsylvania."
As many as twenty -four- horse conches have lH>en counted in line at one time on the road, and large, Vn-oad- wheeled wagons, coveivd with white canvass stretched over bows, laden with merchandise and drawn by six Conestogii Ikh-si's, were visible all the day hmg at every point, and many times until late in the evening, besides innumerable caravans of horses, mules, cattle, hogs and sheep. It looked mcn-c like Ihe leading avenue of a gi-eat city than a road through i-ui-al â– listrieta.
The road had a peculiar nomenclature, familiar to the tens of thousands who traveled over it in its palmy days. The names, for example, applied to parlieular locatifies on the line, arc of striking
HON. DANIEL STURGEON.
>• »
THE OLD PIKE. 17
import, and blend harmoniously with the unique history of the road. With these names omitted, the road would be robbed of much that adds interest to its histoiy. Among the best remembered of these are, The Shades of Death, The Narrows, Piney Grove, Big Crossings, Negro Mountain, Keyser's Ridge, Woodcock Hill, Chalk Hill, Big Savage, Little Savage, Snake Hill, Laurel Hill, The Turkey's Nest, Egg Nog Hill, Coon Island and Wheeling Hill. Rich memories clus- ter around every one of these names, and old wagoners and stage drivers delight to linger over the scenes they bring to mind.
The road was justly renowned for the great number and excel- lence of its inns or taverns. On the mountain division, every mile had its tavern. Here one could be seen perched on some elevated site, near the roadside, and there another, sheltered behind a clump of trees, many of them with inviting seats for idlers, and all with cheerful fronts toward the weary traveler. The sign-boards were elevate<l upon high and heavy posts, and their golden letters wink- ing in the sun, ogled the wayfarer from the hot road-bed and gave promise of good cheer, while the big trough, overflowing with clear, fresh water, and the ground below it sprinkled with droppings of fragrant peppermint, lent a charm to the scene that was well nigh en- chanting.
The great majority of the taverns were called wagon stands, be- cause their patrons were largely made up of wagoners, and each pro- vided with grounds called the wagon-yard, whereon teams were driven to feed, and rest over night. The very best of entertainment was furnished at tliese wagon stands. The taverns whereat stage hoi'ses were kept and exchanged, and stage passengers took meals, were called ''stage houses," located at intervals of about twelve miles, as nearly as practicable.
The beer of the present day was unknown, or if known, unused on the National Road during the era of its prosperity. Ale was used in limited quantities, but was not a favorite drink. Whisky was the leading beverage, and it was plentiful and cheap. The price of a drink of whisky was three cents, except at the stage houses, where hy reason of an assumption of aristocracy the price was five cents. The whisky of that day is said to have been ])ure, and many persons of unquestioned respectability affirm with much earnestness that it never produced delirium tremens. The current coin of the road was the big copper cent of United States coinage, the ''fippenny bit," Spanish, of the value of six and one-fourth cents, called for brevity a '*fip," the ''levy," Spanish, of the value of twelve and a half cents, the quarter, the half dollar, and the dollar. The Mexican and Spanish milled dollar were oftener seen than the United States dollar. The silver five-cent piece and the dime of the United States coinage were seen occasionally, but not so much used as the "fip" and the "levy." In times of stringency', the stage companies issued scrip in denomina- tions i*anging from five cents to a dollar, which passed readily as money. The scrip was similar to the postal currency of tlwj >nw.y
18 THE OLD PIKE.
)>ei'io<l. lacking only in the artistic skill displayed in the engraving of the latter. A hungry traveler could obtain a substantial meal at an iijil wngon stand tavern for a 'levy," and two drinks of whisky for a -tippenn)' bit." The morning bill ot a wagoner with a six-boi-so team did not exceed one dollar and Bcventy-five cents, wbich included gniin and hay for the hoi-seM, meals for the driver, and all the drinkn lie saw proper to take.
The National Road is not in a literal sense a turnpike. A turn- pike, in the original meaning of the woi-d, is a road upon which pikes wei-e placed to turn trnveiers thereon thi-oiigb gates, to prevent them from evading the payment of toll. Pikes weit not used, or needed on the National Road. It was always kept in good i-ondition, nud trnveiers thereon, as a rule, paid the required toll without complain- ing. At disfanees of fincen miles, on the average, houses wei-e erected for loll collectors to dwell in, and strong iron gates, hung to massive iron posts, wei-e establi.shed to enfoi-ce the payment of toll in cases of necessity. These toll houses wei'e of uniform size, angular and tiinnd, wwl of the mountains constructed of brick, and through the mountains, of stone, except the one six miles west of Oumberlan<l. which is of brick. They are all standing on their <ild sites at this date (18!>3), except the one that stood near Mt. Washington, and the one that stoofi near the eastern base of Big Savage Mountain. Ai the last inentioneil ]ioint, the old iron gate ]>osts ai-e still standing, firmly rooted in their original foundations, and plasterol all ovcrwiih advertisements of Fi'o,itburg's business houses, but the old house and the old gates have gone out of sight ibrever.
It is curious to note bow the word turnjuko has been j>ervertcd tVom its literal meaning by jHjpular usage. The common idea is that a tui-npike is a road made of stoue, and that the use of stone in that alone which makes it a turnpike. The common phrase, -piking a road," conveys the idea of putting stones on it, whcivas in fad, there is no connection between a stone and a pike, and a i-oad might be a turnpike without a single stone upon it. It is the contrivance lo tuni travelei-s thniugh gates, before mentioned, that makes a turnpike. We recall but one instance of a refusal to jiay toll tor passing over the National Road, and that was a remarkable one. It grew out of a misconception of the scope of the act of Congress, providing for (he exemption from toll of carriages conveying the Vnited States mails. The National I^>ad Stage (.'ompany, commonly called the "Old Line," of which Lucius W. Stockton was the controlling spirit, was a contractor for carrying the mails, and conceived the idea that by- placing a mail pouch in every one of its passenger ccmches it coulit evade the paj'ment of toll. Stage companies did not pay toll to the collectors at the gates, like ordinary travelers, but at stated periods to the Road Commissioner. At the time referi-ed to, William Sea- right, father of the writer, was the commissioner in charge of the entire line of the road through the state of Pennsylvania, and it was titty yeai-s ago. Upon presenting his account to Mr. Stockli)n. who
THE OLD PIKE. 19
lived at Uniontown, for accumulated tolls, that gentleman refused payment on the ground that all his coaches carried the mail, and were therefore exempt from toll. The commissioner was of opinion that the act of Congress could not be justly construed to cover so broad a claim, and notified Mr. Stockton that if the toll was not paid the gates would be closed against his coaches. Mr. Stockton was a resolute as well as an enterprising man, and persisted in his position, whereupon an order was given to close the gates against the passage of his coaches until the legal toll was paid. The w^riter was present, though a boy, at an execution of this order at the gate five miles west of Uniontown. It was in the morning. The coaches came along at the usual time and the gates were securely closed against them. The commissioner superintended the act in person, and a large number of people from the neighborhood attended to witness the scene, anticipating tumult and violence, as to which they were happily disappointed. The drivers accepted the situation with good nature, but the passengers, impatient to proceed, after learning the cause of the halt, paid the toll, whereupon the gates were thrown open, and the coaches sped on. For a considerable time after this occurrence an agent was placed on the coaches to pay the toll at the gates. Mr. Stockton instituted prosecutions against the commissioner for obstructing the passage of the United States mails, which were not pressed to trial, but the main contention was carried to the Supreme Court of the United States for adjudication on a case stated, and Mr. Stockton's broad claim was denied, the court of last resort holding that "the exemption from tolls did not apply to any other property (than the mails) conveyed in the same vehicle, nor to any persons traveling in it, unless he w^as in the service of the United States and passing along the road in pursuance of orders from the proper authority ; and further, that the exemption could not be claimed for more carriages than were necessary for the safe, speedy and convenient conveyance of the mail." This case is reported in full in 3d Howard U. S. Reports, page Ibl et seq., including the full text of Chief Justice Taney's opinion, and elaborate dissenting opinions by Justices McClean and Daniel. The attorneys for the road in this controversy were Hon. Robert P. Flenniken and Hon. James Veech of Uniontown, and Hon. Robert J. Walker of Mississippi, who was Secretary of the Treasury in the cabinet of President Polk. After this decision, and by reason of it, the Legislature of Pennsylvania enacted the law of April 14th, 1845, still in force, authorizing the collection of tolls from passengers traveling in coaches which at the same time carried the mail.
CHAPTER 11.
Origin of the Fund for Making the Road. — Acts for the Admission of Ohio, Indiana, Illinois and Missouri — Report of a Committee of Congress as to the Manner of Appfying the Ohio Fund — Distances from Important Eastern Cities to the Ohio River — The Richmond Route Postponed — The Spirit and Perseverance of Pennsylvania — Maryland, " My Maryland^** not behind Pennsylvania — Wheeling the Objective Point — Brownsville a Prominent Pmnt — Rivers tend to Union, Mountains to Disunion.
Act of April 30, 1802, for the admission of Ohio, provides that one-twentieth part of the net proceeds of the lands lying within the said State sold by Congress, from and after the 30th of June next, after deducting all expenses incident to the same, shall be applied to laying out and making public roads leading from navigable waters emptying into the Atlantic to the Ohio, to the said State and through the same, such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass.
Act of April 19, 1816, for the admission of Indiana, provides that five per cent, of the net proceeds of lands lying within the said ter- ritory, and which shall be sold by Congress from and after the fii*st day of December next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three-fifths shall be applied to those objects within the said State under the direction of the Legislature thereof, and two-fifths to the making of a road or roads leading to the said State under the direc- tion of Congress.
Act of April 18, 1818, for the admission of Illinois, provides that hve per cent, of the net proceeds of the lands lying within the said State, and which shall be sold by Congress from and after the first day of January, 1819, after deducting all expenses incident to the same, shall be reserved for the puq^oses following, viz: Two-fifths to be disbursed under the direction of Congress in making roads leading to the State, the residue to be appropriated by the Legislature of the State for the encoumgement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.
Act of March 6, 1820, admitting Missouri, provides that five per cent, of the net proceeds of the sale of lands lying within the said Territory or State, and which shall be sold by Congress from and after the first day of Januaiy next, after deducting all expenses inci- dent to the same, shall be reserved for making public roads and canals, of which three-fifths shall be applied to those objects within
(20)
THB OLD PIKE. 21
the State under the direction of the Legislature thereof, and the other two-fifths in defraying, under the direction of Congress, the expenses to be incurred in making a road or roads, canal or canals, leading to the said State.
No. 195^
NINTH CONGEESS — FIEST SESSION.
CUMBERLAND ROAD. Communicated to the Senate December 19, 1805.
Mr. Tra<}y, from the committee to whom was referred the exam- ination of the act entitled, *' An act to enable the people of the east- em division of the territory northwest of the river Ohio to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes;" and to report the manner in which, in their opinion, the money appropriated by said act ought to be applied, made the following report :
That, upon examination of the act aforesaid, they find "the one- twentieth part, or five per cent., of the net proceeds of the lands lying within the State of Ohio, and sold by Congress from and after the 30th day of June, 1802, is appropriated for the laying out and mak- ing public roads leading from the navigable waters emptying into the Atlantic to the river Ohio, to said State, and through the same; such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass."
They find that by a subsequent law, passed on the 3d day of March, 1803, Congi'css appropriated three per cent, of the said five per cent, to laying out and making roads within the State of Ohio, leaving two per cent, of the appropriation contained in the first men- tioned law unexpended, which now remains for " the laying out and making roads from the navigable waters emptying into the Atlantic to the river Ohio, to said State.''
They find that the net proceeds of sales of land in the Slate of Ohio,
From let July, 1802, to June 30, 1803, both inclusive, were $124,400 92
From IPt July, 1803, to June 30, 1804 176,203 35
From l8t July, 1804, to June 30, 1805 266,000 00
From let July, 1805, to Sept. 30, 1805 66,000 00
Amounting, in the whole, to $632,604 27
Two per cent, on which sum amounts to $12,652. Twelve thou- sand six hundred and fifty-two dollars were, therefore, on the 1st day of October last, subject to the uses directed by law, as mentioned in this report ; and it will be discerned that the fund is constantly accu- mulating, and will, probably, by the time regular preparations can bo made for its expenditure, amount to eighteen or twenty thousand dol- lars. The committee have examined, as far as their limited time and
2a
22 THE OLD PIKE.
the scanty sources of facts within their reach would pennit, the vari- ous routes which have been contemplated for laying out roads pursu- ant to the provisions of the act first mentioned in this report.
They find that the distance from Philadelphia to Pittsburg is 314 miles by the usual route, and on a straight line about 270.
From Philadelphia to the nearest point on the river Ohio, con- tiguous to the State of Ohio, which is probably between Steubenville and the mouth of Grave creek, the distance by the usual route is 360 miles, and on a straight line about 308.
From Baltimore to the river Ohio, between the same points, and by the usual route, is 275 miles, and on a straight line 224.
From this city ( Washington) to the same points on the river Ohio, the distance is nearly the same as from Baltimore ; probably the difference is not a plurality of miles.
From Richmond, in Virginia, to the nearest point on the river Ohio, the distance by the usual route is 377 miles ; but new roads are opening which will shorten the distance fifty or sixty miles ; 247 miles of the contemplated road, from Richmond northwesterly, will be as good as the roads usually are in that country, but the remain- ing seventy or eighty miles are bad, for the present, and probably will remain so for a length of time, as there seems to be no existing inducement for the State of Virginia to incur the expense of making that part of the road passable.
From Baltimore to the Monongahela river, where the route from Baltimore* to the Ohio river will intersect it, the distance as usuallv traveled is 218 miles, and on a straight line about 184. From this point, which is at or near Brownsville, boats can pass down, with great facility, to the State of Ohio, during a number of months in every year.
The above distances are not all stated from actual mensuration, but it is believed they are sufficiently correct for the present purpose.
The committee have not examined any routes northward of that leading from Philadelphia to the nver Ohio, nor southward of that leading from Richmond, because they suppose the roads to be laid out must strike the river Ohio on some point contiguous to the State of Ohio, in order to satisfy the words of the law making the apprnpria- tion ; the words are : " Leading from the navigable waters emptying into the Atlantic, to the river Ohio, to the said State, and through the same."
The mercantile intercourse of the citizens of Ohio with those of the Atlantic States is chiefly in Philadelphia and Baltimore; not very extensive in the towns on the Potomac, within the District of Col- umbia, and still less with Richmond, in Virginia. At present, the greatest portion of their trade is with Philadelphia; but it is believed their trade is rapidly increasing with Baltimore, owing to the differ- ence of distance in favor of Baltimore, and to the advantage of boat- ing down the Monongahela river, from the point where the road strikes it, about 70 miles by water, and 50 by land, above Pittsburg.
THE OLD PIKE. 23
The sum appropriated for laying out and making roads is so small that the committee have thought it most expedient to direct an expenditure to one route only. They have therefore endeavored to fix on that which, for the present, will be most accommodating to the citizens of the State of Ohio; leaving to the future benevolence and policy of congress, an extension of their operations on this or other routes, and an increase of the requisite fund, as the discover- ies of experience may point out their expediency and necessity. The committee being fully convinced that a wise government can never lose sight of an object so important as that of connecting a numerous and rapidly increasing population, spread upon a fertile and extensive territory, with the Atlantic States, now separated from them by mountains, which, by industry and an expense moderate in com- parison with the advantages, can be rendered passable.
The route from Richmond must necessarily approach the State of Ohio in a part thinly inhabited, and which, from the nature of the soil and other circumstances, must remain so, at least for a considera- ble time; and, from the hilly and rough condition of the country, no roads are or can bo conveniently made, leading to the principal pop- ulation of the State of Ohio.
These considerations have induced the committee to postpone, for the present, any further consideration of that route.
The spirit and perseverance of Pennsylvania are such, in the matter of road making, that no doubt can remain but they will, in a little time, complete a road from Philadelphia to Pittsburg, as good as the nature of the gi'ound will permit. They are so particularly in- terested to facilitate the intercoui'se between their trading capital, Philadelphia, not only to Pittsburg, but also to the extensive country within that State, on the western waters, that they will, of course, surmount the difficulties presented by the Allegheny mountain, Ches- nut Ridge and Laurel Hill, the three great and almost exclusive im- pediments which now exist on that route.
The State of Maryland, with no less spirit and perseverance, are engaged in making roads from Baltimore and from the western boun- dary of the District of Columbia, through Frederick town, to Wil- liamsport. Were the Government of the United States to direct the expenditure of the fund in contemplation upon either of these routes, for the present, in Pennsylvania or Maryland, it would, probably, so far interfere with the operations of the respective States, as to pro- duce mischief instead of benefit; especially as the sum to be laid out by the United States is too inconsiderable, alone, to efteet objects of such magnitude. But as the State of Maryland have no particular interest to extend their road across the mountains (and if they had it would be impracticable, because the State does not extend so far), the c<mimittee have thought it expedient to recommend the laying out and making a road from Cumberland, on the northerly bank of the Poto- mac, and within the State of Maryland, to the river Ohio, at the most convenient place between a point on the easterly bank of said rivei*.
24 THE OLD PIKE.
oi)i)<)8ite to Steubenville, and the mouth of Grave creek, which emp- ties into said river Ohio a little below Wheeling, in Virginia. This route will meet and accommodate the roads leading from Baltimore and the District of Columbia; it will cross the Monongahela river, at or near Brownsville, sometimes called Redstone, where the advantage of boating can be taken ; and from the point where it will probably intei'sect the river Ohio, there are now roads, or they can easily be made over feasible and proper ground, to and through the principal population of the State of Ohio.
Cumberland is situated at the eastern foot of the Allegheny mountains, about eighty miles from Williamsport, by the, usual route, w^hich is circuitous, owing to a large bend in the river Potomac, on the bank of which the road now runs, the distance on a straight line is not more than fifty or fifly-five miles, and over tolerable ground for a road, which will probably be opened by the State of Maryland, should the route be established over the mountains, as contemplated by this report.
From Cumberland to the western extremity of Laurel Hill, by the route now travelled, the distance is sixty-six miles, and on a straight line about fifty-five ; on this part of the route, the committee suppose the first and very considerable expenditures are specially necessary. From Laurel Hill to the Ohio river, by the usual route, is about seventy miles, and on a straight line fifty-four or five ; the road is tolerable, though capable of amelioration.
To carry into effect the principles arising from the foregoing facts, the committee present herewith a bill for the considei'ation of the Senate. They suppose that to take the proper measures for carry- ing into effect the section of the law respecting a road or roads to the State of Ohio, is a duty imposed u])on Congress by the law^ itself, an<l that a sense of duty will always be sufficient to insure the passage of the bill now offered to the Senate. To enlarge upon the highly im- portant considerations of cementing the union of our citizens locatc<l on the Western waters with those of the Atlantic States, would be an indelicacy off'ered to the understandings of the V)ody to whom this re- poH is addressed, as it might seem to distrust them. But from the interesting nature of the subject, the committee are induced to ask the indulgence of a single observation: Politicians have generally agreed that rivei's unite the interests and promote the friendship of those who inhabit their l)ank8 ; while mountains, on the contrary, tend to the disunion and estrangement of those who are separated by their intervention. In the present case, to make the crooked ways straight, and the rough ways smooth will, in effect, remove the inter- vening mountains, and by facilitating the intercourse of our Western brethren with those on the Atlantic, substantially unite them in in- terest, w^hich, the committee believe, is the most effectual cement of union applicable to the human race.
All which is most respectfully submitted .
CHAPTER III.
The Act of Congress AuUiorizing the Laying Out and Making of the Road,
An Act to Regulate the Laving Out and Making a Road from Cumberland, in the State of Maryland, to the State of Ohio.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemUled, That the President of the United States be, and he is hereby authorized to appoint, by and with the advice and consent of the Senate, three discreet and disin- terested citizens of the United States, to lay out a road from Cumber- land, or a point on the northern bank of the river Potomac, in the State of Maryland, between Cumberland and the place where the inain road leading from Gwynn's to Winchester, in Virginia, crosses the river, to the State of Ohio ; whose duty it shall be, as soon as may be, afler their appointment, to repair to Cumberland aforesaid, and view the ground, from the points on the river Potomac hereinbefore designated, to the river Ohio ; and to lay out in such direction as they shall judge, under all circumstances the most proper, a road from thence to the nver Ohio, to strike the same at the most convenient place, between a point on its eastern bank, opposite the northern boundary of Steubenville, in said State of Ohio, and the mouth of Grave creek, which empties into the said river a little below Wheeling, in Virginia.
Sec. 2. Aiid be it further enacted. That the aforesaid road shall l»c laid out four rods in width, and designated on each side by a plain and distinguishable mark on a tree, or by the erection of a stake or monument sufficiently conspicuous, in eveiy quarter of a mile of the distance at least, where the road pursues a straight course so far or farther, and on each side, at every point where an angle occurs in its course.
Sec. 3. And be it further enacted, That the commissioners shall, as soon as may be, afler they have laid out said road, as aforesaid, present to the President an accurate plan of the same, with its several c<)ui>ies and distances, accompanied by a written report of their pro- ceedings, describing the marks and monuments by which the road is designated, and the face of the country over which it passes, and pointing out the particular parts which they shall judge require the most and immediate attention and amelioi^ation, and the probable ex- pense of making the same passable in the most difficult parts, and through the whole distance ; designating the State or States through
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26 THE OLD PIKE.
which .said road has been laid out, and the length of the neveral parts which are laid out on new ground, as well as the length of those pai*ts laid out on the road now traveled. Which report the President is hereby authorized to accept or reject, in the whole or in part. If he accepts, he is hereby further authorized and requested to pursue such measures, as in his opinion shall be proper, to obtain consent for making the road, of the State or States through which the same has been laid out. Which consent being obtained, he is further author- ized to take prompt and etfectual measures to cause said road to be made through the whole distance, or in any part or parts of the same as he shall judge most conducive to the public good, having refei-ence to the sum appropriated for the purpose.
Sec. 4 And be it further enacted^ That all parts of the road which the President shall direct to be made, in case the trees are stand- ing, shall be cleared the whole width of four rods ; and the road shall be raised in the middle of the carriageway with stone, earth, or gravel and sand, or a combination of some or all of them, leaving or mak- ing, as the case may be, a ditch or water course on each side and contiguous to said carriageway, and in no instance shall there be an elevation in said road, when finished, greater than an angle of five degrees with the horizon. But the manner of making said road, in every other particular, is left to the direction of the President.
Sec. 5. And be it further enacted. That said Commissioners shall each receive four dollars per day, wiiile employed as aforesaid, in full for their compensation, including all expenses. And the}' are hereby authorized to employ one surveyor, two chainmen and one marker, for whose faithfulness and accuracy they, the said Commis- sioners, shall be responsible, to attend them in laying out said road, who shall receive in full satisfaction for their wages, including all expenses, the surveyor three dollars per day, and each chain man and the marker one dollar per da}", while they shall be employed in said business, of which fact a certificate signed by said commissioners shall be deemed sufficient evidence.
Sec. 6. And be it further enacted. That the sum of thirty thous- and dollars be, and the same is hereby appropriated, to defray the expense of laying out and making said road. And the President is hereby authorized to draw, from time to time, on the treasury for such parts, or at any one time, for the whole of said sum, as he shall judge the service requires. Which sum of thirty thousand dollars shall be paid, first, out of the fund of two per cent, reserved for lay- ing out and making roads to the State of Ohio, by virtue of the seventh section of an act passed on the thirtieth day of April, one thousand eight hundred and two, entitled, "An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and State government, and for the ad- mission of such State into the Union on an equal footing with the original States, and for other purposes." Three per cent, of the ap- propriation contained in said seventh section being directed by a sub-
THE OLD PIKE. 27
sequent law to the laying out, opening and making roads within the said State of Ohio; and secondly, out of any money in the treasury not otherwise appropriated, chargeable upon, and reimbursable at the ti-easury by said fund of two per cent, as the same shall accrue.
Sec. 7. And be it further enacted^ That the President be, and he is hereby requested, to cause to be laid before Congress, as soon a« convenience will permit, after the commencement of each session, a statement of the proceedings under this act, that Congress may be enabled to adopt such further measures as may from time to time be proper under existing circumstances.
Approved, March 29, 1806. TH. JEFFERSON.
United States of America, \ Department op State, j
To all to whom these presents shall come, Greeting :
I certify that hereto annexed is a true copy of an Act of Con- gress, approved * March 29, 1806, the original of which is on file in this Department, 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 testimony whereof, I, James G. Blaine, Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State to be affixed.
Done at the City of Washington, this seventh day of March, A. D. 1891, and of the Independence of the United States the one hun- dred and fifteenth.
JAMES G. BLAINE.
CHAPTER IV.
Special Message of President Jefferson — Communicaiing to Congress the First Report of the Commissioners — They Viexc the Whole Ground — Solicitude of the Inhabi- tants— Points Considered — Cumberland the First Point Located — Uniontoum Left Out — Improvement of the Youghiogheny — Distances — ConnellsviUe a Prom- imng Totvn — ** A Well Formed, Stone Capped Road — Estimated Cost, $6,000 per Mile, exchmve of Bridges.
No. 220.
NINTH CONGRESS — SECOND SESSION.
January 31, 1807.
To the Senate and House of Representatives of the United States :
In execution of the act of the last session of Congress, entitled, *' An act to regulate the laying out and making a road from Cumber- land, in the State of Maryland, to the State of Ohio," I appointed Thomas Moore, of Maryland, Joseph KeiT, of Ohio, and Eli Williams, of Maryland, commissioners to lay out the said road, and to perform the other duties assigned to them by the act. The progress which they made in the execution of the work, during the last season, will appear in their report now communicated to Congress; on the receipt of it, I took measures to obtain consent for making the road of the States of Pennsylvania, Maryland and Virginia, through which the commissioners propose to lay it out. I have received acts of the Leg- islatures of Maryland and Virginia, giving the consent desired ; that of Pennsylvania has the subject still under consideration, as is sup- posed. Until I receive full consent to a free choice of route through the whole distance, I have thought it safest neither to accept nor re- ject, finally, the partial report of the commissionei's.
Some matters suggested in the report belong exclusively to the legislature.
TH. JEFFERSON.
The commissioners, acting by appointment under the law of Con- gress, entitled "An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, beg leave to report to the President of the United States, and to premise that the duties imposed by the law became a work of greater magni- tude, and a task much more arduous, than was conceived botore en-
(28)
THE OLD PIKE. 29
tering upon it; from which circumstance the commissioners did not allow themselves sufficient time for the performance of it before the severity of the weather obliged them to retire from it, which was the case in the first week of the present month (December). That, not having fully accomplished their work, they are unable fully to report a discharge of all the duties enjoined by the law; but as the most material and principal part has been performed, and as a communica- tion of the progress already made may be useful and proper, during the present session of Congress, and of the Legislatures of those States through which the route passes, the commissioners respectfully state that at a very early period it was conceived that the maps of the country were not sufficiently accumte to afford a minute knowledge of the true courses between the extreme points on the rivers, by which the researches of the commissioners were to be governed ; a survey for that purpose became indispensable, and considerations of public economy suggested the propnety of making this survey precede the personal attendance of the commissioners.
Josias Thompson, a surveyor of professional merit, was taken into service and authonzed to employ two chain carriei*s and a marker, as well as one vaneman, and a packhoi*se man and hoi*se, on public account; the latter being indispensable and really beneficial in excel- erating the work. The surveyors' instructions are contained in doc- ument No. 1, accompanying this report.
Calculating on a reasonable time for the performance of the in- structions to the sui'veyor, the commissioners, by correspondence, fixed on the first day of September last, for their meeting at Cumber- land to proceed in the work; neither of them, however, reached that place until the third of that month, on which day they all met.
The surveyor having, under his instructions, laid down a plat of his work, showing the meanders of the Potomac and Ohio rivers, within the limits prescribed for the commissioners, as also the road between those rivers, which is commonly traveled from Cumberland to Charleston, in part called Braddock's road; and the same being produced to the commissionei*8, whereby straight lines and their true courses were shown between the extreme points on each river, and the boundaries which limit the powers of the commissioners being thereby ascertained, serving as a basis whereon to proceed in the ex- amination of the grounds and face of the country; the commissioners thus prepared commenced the business of exploring; and in this it was considered that a faithful discharge of the discretionary powers vested by the law made it necessary to view the whole to be able to judge of a preference due to any part of the grounds, which imposed a task of examining a space comprehending upwards of two thousand square miles; a task rendered still more incumbent by the solicitude and importunities of the inhabitants of every part of the district, who severally conceived their grounds entitled to a preference. It becoming necessary, in the interim, to run various lines of expen- ment for ascertaining the geographical position of several points
^
30 THE OLD PIKE.
entitled to attention, and the service suffering great delay for want of another surveyor, it was thought consistent with the public interest to employ, in that capacity, Arthur Eider, the vaneman, who had been chosen with qualification to meet such an emergency ; and whose service as vaneman could then be dispensed with. He commenced, as surveyor, on the 22d day of September, and continued so at field work until the first day of December, when he was retained as a necessary assistant to the principal surveyor, in copying field notes and hastening the draught of the work to be reported.
The proceedings of the commissioners are specially detailed in their general journal, compiled from the daily journal of each com- missioner, to which they beg leave to refer, under mark No. 2.
After a careful and critical examination of all the grounds with- in the limits prescribed, as well as the gi'ounds and ways out from the Ohio westwardly, at several points, and examining the shoal parts of the Ohio river as detailed in the table of soundings, stated in their jour- nal, and after gaining all the information, geographical, general and special, possible and necessary, toward a judicial discharge of the du- ties assigned them, the commissioners repaired to Cumberland to ex- amine and compare their notes and journals, and determine upon the direction and location of their route.
In this consultation the governing objects were:
1st. Shortness of distance between navigable points on the eastern and western waters.
2d. A point on the Monongahela best calculated to equalize the advantages of this portage in the countr^^ within reach of it.
3d. A point on the Ohio river most capable of combining cer- tainty of navigation with road accommodation; embracing, in this estimate, remote points westwardly, as well as present and probable population on the north and south.
4th. Best mode of diffusing benefits w^ith least distance of road.
In contemplating these objects, due attention was paid as well to the comparative merits of towns, establishments, and settlements al- ready made, as to the capacity of the country with the present and probable population.
In the course of arrangement, and in its order, the first point located for the route was determined and fixed at Cumberland, a de- cision founded on propriety, and in some measure on necessity, from the circumstance of a high and difficult mountain, called Nobley, lay- ing and confining the east margin of the Potomac so as to render it impossible of access on that side without immense expense, at any point between Cumberland and where the road from Winchester to Gwynn's crosses, and even there the Kobley mountain is crossed with much difficulty and hazard. And this upper point was taxed with another fonnidable objection ; it was found that a high range of moun- tains, called Dan's, stretching across from Gwynn's to the Potomac, above this point, precluded the opportunity of extending a route from this point in a proper direction, and left no alternative but passing by
THE OLD PIKE. 31
Cxwynn's; the distance from Cumberland to Gwynn's being upward of a mile less than from the upper point, which lies ten miles by water jibove Cumberland, the comraissionei's were not permitted to hesitate in preferring a point which shortens the portage, as well as the Poto- mac navigation.
The point on the Potomac being viewed as a great repository of produce, which a good road will bring from the west of Laurel Hill, and the advantages which Cumberland, as a town, has in that respect over an unimproved place, are additional considerations operating forcibly in favor of the place preferred.
In extending the route from Cumberland, a tnple range of moun- lains. stretching across from Jenings' run in measure with Gwynn's, left only the alternative of laying the road up Will's creek for three miles, nearly at right angles with the true course, and then by way of .lenings' run, or extending it over a break in the smallest mountain, on a better course by Gwynn's, to the top of Savage mountain; the latter was adopted, being the shortest, and will be less expensive in hill-side digging over a sloped route than the former, requiring one bridge over Will's creek and several over Jenings' run, both very wide and considerable streams in high water; and a more weighty reason for preferring the route by Gwynn's is the great accommodation it will afford travelers from Winchester by the upper point, who could not reach the route by Jenings' run short of the top of Savage, which would withhold from them the benefit of an easy way up the mountain.
It is, however, supposed that those who travel from Winchester by way of the U])per point to Gwynn's, are in that respect more the <lupes of common prejudice than judges of their own ease, as it is be- lieved the way will be as short, and on much better ground, to cross the Potomac below the confluence of the north and south branches (thereby crossing these two, as well as Patterson's creek, in one stream, equally fordable in the same season), than to pass through Cumber- land to Gwynn's. Of these grounds, however, the commissioners do not speak from actual view, but consider it a subject well worthy of future investigation. Having gained the top of Allegany mountain, or rather the top of that part called Savage, by way of Gwynn's, the geneml route, as it respects the most important points, was determined as follows, viz. :
From a stone at the corner of lot No. 1, in Cumberland, near the confluence of Will's creek and the north Vjranch of the Potomac river; thence extending along the street wcstwardly, to cross the hill lying between Cumberland and Gwynn's, at the gap where Braddock's i-oad ])asses it; thence near Gwynn's and Jesse Tomlinson's, to cross t he big Youghiogheny near the mouth of Koger's run, between the cross- ing of Braddock's road and the confluence of the streams which form the Turkey' foot; thence to cross Laurel Hill near the forks of Dun- bar's run. to the west foot of that hill, at a point near where Brad- dock's old road reached it, near Gist's old place, now Colonel Isaac Meason's, thence through Brownsville and Bridgeport, to cross the
32 THE OLD PIKE.
Ttf onongahela river below JoeiaB Crawford's ferry ; and thence on an straight a course as the fonntry will admit to the Ohio, at a jwint be- tween the mouth of WheeliiitJ eivck and the lower ]>oint of Wheelinft iKland.
In this direction of the route it will lay al)oiit twenty-four ntxl a half miles in Marj-land, neventy-five miles and a half in Pennsylvania, and twelve miles in Virginia; diwtances which will be in a small de- gree incrcftHed by meanders, which the bed of the i-oad must nwes- aarily make between the points mentioned in the location; and this route, it \n believed, comprehends more important advanlagen than could be afforded in any other, ina*<much as it ban a ca))acity at least equal to any other in extending advantages of a highway, and at the name time establishes the shoi'test portage between the points already navigated, and on the way accommodates other and nearer points to which navigation may be extended, and still shorten the iwrlage.
It intersects Big Youghioghenyat the nearest point from CunibiT- land, then lies nearly parallel with that river for the distance of twenty miles, and at the west foot of Ijaurel Hill lies within five miles of Connellsville, f^-om which the Yonghiogheny is navigated ; and in the same direction the route intersects at Brownsville the nearest ]>oint on the Jtfonongahcia river within the district.
The improvement of the Yonghiogheny navigation is a subject of too much importance to remain long neglected ; and the capacity of that river, as high up as the falls (twelve miles above Connellsville), is said to be equal, ut a small expense, with the parts already navi- gated below. The obstructions at the falls, and a roclsy rapid near Turkey Foot, constitute the principal impediments in that river to the intersection of the route, and as much higher as the stream has a capacity for navigation; and these difficulties will doubtless be re- moved when the interconrse shall warrant the measure.
Under these circumstances the portage may be thus stated :
From Cumberland to Itfonongahela, C6i miles. From Cumber- land to a point in measui-e with Connellsville, on the Youghiogheny river, 514 miles. From Cumberland to a point in measure with the lower end of the falls of Yonghiogheny, which will lie two miles north of the public road, 43 miles. Fi-om Cumberland to the intersection of the route with the Yonghiogheny river, 34 miles.
Nothing is here said of the Little Yonghiogheny, which lies nearer (.'umberland; the stream being unusually' crooked, its navigaticm can only become the work of n redundant population.
The point which this route l<Kates. at the west foot of Laurel Hill, having cleared the whole of the Allegheny mountain, is so situ- ated jis to extend the advantages of an easy way through the gi-eat barrier, with more equal justice to the best parts of the countiy be- tween Laurel Hill and the Ohio. Lines from this point to Pittsburg and Morgantown, diverging nearly at the same angle, open upon equal terms to all parts of the Western country that can make use of this portage ; and which may include the settlements from Pittsburg.
THE OLD PIKE. $3
up Big Beaver to the Connecticut reserve, on Lake Erie, as well as those on the southern bordera of the Ohio and all the intennediate country.
Brownsville is nearly equi-distant from Big Beaver and Fishing creek, and equally convenient to all the crossing }3laces on the Ohio, between these extremes. As a port, it is at least equal to any on the Monongahela within the limits, and holds superior advantages in fur- nishing supplies to emigrants, traders, and other tmvelers by land or water.
Not unmindful of the claims of towns and their capacity of re- ciprocating advantages on public roads, the commissionens were not insensible of the disadvantage which Uniontown must feel from the want of that accommodation which a more southwardly direction of the route would have afforded ; but as that could not take place with- out a relinquishment of the shortest passage, considerations of public benefit could not yield to feelings of minor import. Uniontown being the seat of justice for Fayette county, Pennsylvania, is not without a share of public benefits, and may partake of the advantages of this |>oii:age upon equal terms with Connellsville, a growing tgwn, with the advantage of respectable water-works adjoining, in the manufactory of flour and iron.
After reaching the nearest navigation on the western watei*s, at a point best calculated to diffuse the benefits of a great highway in the greatest possible latitude east of the Ohio, it was considered that, to fulfill the objects of the law, it remained for the commissioners to give such a direction to the road as would best secure a certainty of navigation on the Ohio at all seasons, combining, as far as possible, the inland accommodation of remote points westwardly. It was found that the obstructions in the Ohio, within the limits between Steubenvillo and Grave creek, lay principally above the town and mouth of Wheeling; a circumstance ascertained by the commissioners in their examination of the channel, as well as by common usage, which has long given a decided preference to Wheeling as a place of embarcation and port of departure in dry seasons. It was also seen that Wheeling lay in a line from Brownsville to the centre of the State of Ohio and Post Vincennes. These circumstances favoring and corresponding with the chief objects in view in this last direction of the route, and the ground from Wheeling westwardly being known of equal fitness with any other way out from the- river, it was thought most proper, under these several considerations, to locate the point mentioned IkjIow the mouth of Wheeling. In taking this point in j)reference to one higher up and in the town of Wheeling, the public benefit and convenience were consulted, inasmuch as the present crossing place over the Ohio from the town is so contrived and con- fined as to subject passengers to extraordinary ferriage and delay, by entering and clearing a ferry-boat on each side of Wheeling island, which lies before the town and precludes the opportunity of fording when the river is crossed in that way, above and below the island.
34 THE ULD PIKE.
Fi-imi thu |M>iiit lof!iti-d, a witi- i-i'ussiiifj in uttiirilctl at tlit liiHtT point of the island by a terry in hi;;;!), and a good foi-d at low water.
The face of the country within the limits jireacribed in generally very uneven, and in many places broken by a Muccewsion of hi^h luountaius and deep hollowpt, too foniiidable to be rednct'd within five degrees of the hoi-izon, but by crosMing them obliquely, a mode which, although it im]>08es a heavy task of hill-side di^^ing. obviates gen- erally the nee<.^!iHity of reducing hillm and filling hollowH. which, on Ihcee grounds, would be an attempt truly Quixotic. This inequality of the surface is not confined to thcAllegheuyuiouiUain; the country between the Mnnouj^ahela and Ohio rivci's, although less elevated, is not better adapted for tlic bed of a i\>ad, l>eiiig filled with inipcdi- nicnte of hills and hoUown, which present eonsideiiihle difficulties, and wants that Huper-abundanec and convenience of atone which is fcuuicl in the moiuitain.
The indirect course of the road now traveled, and ihe frequent elevations and depressions which occur, that exceed ibc limits of the law, preclude the possibility of occupying it in any extent withoni great sacrifice of distance, and forbid the use of it, in any one ]iart, tor more than half a mile, or more than two or three miles in the whole.
The expense of rendering ibt' road now in conlciujilation ]mss- ablc, may, therefore, amount to a larger sum tbiiii niiiy have Ijceu supposed necessary, under an idea of cmlniuiiig in it a considenilde )«irt of the old i-oad ; but it is believed that the conliiiry will be found most correct, and that a sum sutticieiit to ojicu Ibc new ciiuM not W expended on the same distance of the old iiiad with equal benetit.
The sum required for the read in contemplation will dcjK'nd on the stylo and manner of making it ; as a common read cannot re>move the difficulties which always exist oil deep gitninds, aud imrticularli' ill wet seasons, and as uothiiig short of a firm, substantial, we1l-forme<l. sioiie-cap]>ed read can i-emove the causes which led to the measure ot inipruvcinent, or render the iuslilution us comnuHlions as a great and gi-owing intercoui-so apjiears to require, the ex|iense of siich u r()ad next becomes the subject of inquiry.
In this inquiry the commis-siouei-s can only fonii an estimate by recurring to tlie experience of Pennsylvania aud Maryland in the bus- iness of arliticia) reads. Upon this data, and a comi>anson of the gi-oiinds and |»roximitry of the materials for covering. Ibere are ivasons for belief that, on the reute rejiorled, a complete road maj- be made nt an expense not exceeding six thousand dollars per mile, exclusive of bridges over the princijwl sti-eums on the way. The average ex- l>en«e of the Lancaster, as well as Baltimore and Frederick turnpike, is considerably higher; but it is believed that the convenient supjily of stone which the mountain afibrds will, on those greuiids, reduce the expense to the rate here stated.
As to the policy of incurring this expense, it is not the prevince of the commissioners to deeiure; but they cannot, however, withhold
THE OLD PIKE. 35
assurances of a firm belief that the purse of the nation cannot bo more seasonably opened, or more happily applied, than in promoting the speedy and effectual establishment of a great and easy road on the way contemplated.
In the discharge of all these duties, the commissionei's have been actuated by an ardent desire to render the institution as useful and commodious as possible; and, impressed with a strong sense of the necessity which urges the speedy establishment of the road, they have to regret the circumstance which delays the completion of the pail assigned them. They, however, in some measure, content themselves with the reflection that it will not retard the progress of the work, as the opening of the road cannot commence before spring, and may then begin with marking the way.
The extra expense incident to the service from the necessity (and propriety, as it relates to public economy,) of employing men not pro- vided for by law, will, it is hoped, be recognized, and provision made for the payment of that and similar expenses, when in future it may be indispensably incurred.
The commissioners having engaged in a service in which their zeal did not permit them to calculate the difference between their pay and the expense to which the service subjected them, cannot suppose it the wish or intention of the Government to accept of their services for a mere indemnification of their expense of subsistence, which will be very much the case under the present allowance; they, therefore, allow themselves to hope and expect that measures will be taken to provide such further compensation as may, under all circumstances, be thought neither profuse nor parsimonious.
The painful anxiety manifested by the inhabitants of the district explored, and their genei*al desire to know the route determined on. suggested the measure of promulgation, which, after some deliberation, was agreed on by way of circular letter, which has been forwarded to those persons to whom precaution was useful, and afterward sent to one of the presses in that quarter for publication, in the form of the document No. 3, which accompanies this report.
All which is, with due deference, submitted.
ELI WILLIAMS, THOMAS MOORE.
December 30, 1806. JOSEPH KERE.
CHAPTER V.
I'l-iiimyleania Grant» PfriiilmiUni lo Midr llu Rvail Through Her Trtritory — Vnioit- Itjwn Smlored, Gut Left Out, and Wa^iingimi, Pftiiuiylmtila, Made a Point — Simon Sttiider, Speaker of the Hwve — Pr^y Carr Lanr.a Faj/ftte County Mail, Speaker of tlie Senalf, and Tliomiu McKean, Gmvrtior — A Seamd Special lie*- tage Fnim Prenidnd Jfffermm, and a Srcoiid Report uf the Cirnutiiffimirm^ Heights of Mouidaim and HUU — On lo BmirmHlle and Wheeling — An Im- perioia Call Hade oh Coyiimiiitioiier Kerr,
An Act authorisinK thp President of the Unit«d States to open a road through that part ot this Stat* lying between Cumberland, in the .State of Mary- land, and the Ohio river.
Whebeah, hy an Aet of the Coiigi-eww of the United States, )>HM»cd oil the twenty-ninth day of Mjirch, one thoiieand eight hundred and Hix, entitled " An act to regulate the laying out and making a road fi-oni Cumberland, in the Stat« of Marjiand, to the Stale of Ohio," the Freuident of the United States is empowered lo lay out a road fntm the Potomac river to the river Ohio, and lo take mcasui'es for making the same, ho soon an the consent of tlie legislatures of the several States through which the said road shall pass, could be obtained : And whei-eas, application hath been made to this legislature, by the President of the United States, for its consent to the measures afore- said: Therefore,
Section 1. Be it enacted by the Senate and House of Representa- tives of the Commomcealth of Pennsi/lv<inin, in General Assembltf met, and it is hereby enacted by the authority of the same, That the President of the United Stales be, and he is hei-eby authorized to cause so much of the said road as will be within this State, to l>e 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 rolatiou tbei-eto; Provided, tievertheless. That the route laid tlown and i-eported by the commissioners to the President of the United States, be so altered as to pass thraugh Uniontown, in the county of Fayette, and Washington, in the county of Washington, if such alteration can, in the opinion of the Pi-esident, be made, con- sistently with the provisions of an net of Congress ]>aH8ed 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 farther enacted by the authority aforesaid, That sueh person or persons as are or shall be appointed for the pur-
THE OLD PIKE. 37
pose of lading 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 s'Ume may pass, and u^Km any land near or adjacent thereto, and therefrom to take, dig, cut and caiTy away such materials of earth, stone, gravel, timber and sand a^ may he 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 pur]>ose 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 re- ceive payment therefor from the United States.
SIMON SNYDER,
Speaker of the House of Representatives.
P. C. LANE,
Speaker of the Senate.
Approved, the ninth day of April, one thousand eight hundred and ^^^^^^' THOMAS M'KEAN.
TENTH CONGRESS — FIR8T SESSION. Communicated to Congress February 11>, 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 b}^ the act of Congress of March 29, 1806, should ]>ass 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 devia- tion since located, which carries it through Union town.
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, 1 shall pay material regard to the inter- ests 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. L<mi8, under authority of the act of April 21, 1806. In this way we may accomplish a continuous and advantageous line of com- munication 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 exe- cuted at such considerable expense, by opening one-half of its breadth through its whole length.
3
38 TUK Ol.U INKP,
The rt'iwrt of tho ciniimisHiunoi-H Imivwiili imiiNniittcti will givo imrlicular i n form lU ion of (heir i)i-oft'ediiiK» under the act of March 20, IfiiW, fiiK'c the tlatc <>» my mew»af,'e oi Juiiimry 31. 1«07. and will eimltlu CiHiyi-ew to adojit wiuh fiiilher measures, relalive theivto, as they may deem iirojH-r under exi^itiug ciivumMlanteH.
TU. JKFFKKSOX.
Frbrhaky 19. 180H,
The undoi-KJ^ued. <'<imii)iHHioiiei-M a|ii)iii]iled under iho law of the United States, entiled -An lul to iv^rnlme the laying out and making: a i-oad fVoni Cumluihiiid, in llie Stale of Maryland, to the State ol Ohio," in adilitiiui to the eommunicalions heretofore made. be(j leave further to iv|»ort to the President of the United States that, hy the delay of the answer of the Lefjiwlature of ['eiuiNylvania to the a|i|>li- ealioufor permission t<i ]m>^ tlie road Ihrou^li that State, the couiiaim- Mioiiei-M eould not pnieeed to tJie buKineMw of the ii)ad in the cpriuK Iwiore vefietalion had ho far uilvaneeil a;- to ivnder the work of exphir- iuj; and Murveyinf; difficult and tedious, from whieh oii-cunistauve it wiin ]K>Ht]ioned till tho last autumn, when the business wan a^ain H'suined. Tlial. in obedienee to the Mjiofial instnietious yiven them, the roulo heivtolbre reiwilod has been so chanj^ed as H) jmiss thnm^h .Uniontown. and that they have completed the ioeution. frradution an<l markiuf!: of the ivute fiiim Cumberhmd to Bi-ownsville. Hri<ij{e- port, and the Monoiifrahela river, agreeably to a jilat of the eonim-s, distances and f;rades in whieh iH dewerilK-'d tlie marks and monuments by whieh thermite is desiftnated, and whieh is heivwith exhibited; that by tliis plat and measurement it will appear (when cumpai-ed with the road now traveled) theiv is a saving of four miles of distance between ('umberland and Brownsville on the new i-oute.
In the gradation of the surtiice of thf i-oute (whieh liecanie necessary) is aseerlained the eomjtarative elevation and depi-ewsion of dift'ei-ent points on the route, and taking a point ten feel above the surface of low water in the Potomac river at <!innberlund, as the horizon, the most prominent points are found to be elevated as lol- h>ws. viz.:
Fret, lOtbf,
Summit of Wills mountain ."Wl , 3
Western foot of Hnme olH . 4
Summit of .Savage mountain 20i'2 . ii
Savage river. 1741 . «
Summit Little Savafie mouutuin ItKHI . 4
Braneli l*ine Kun.firct WcBteni water mm . »
Summit of Ked Hill (after tailed Shades of Death) 1!H4 . :i
â– Summit Little Meadow mountain 'M'lG . II!
Little Youghiogheny river 132-,; . II
ICaafFork ol Shade "Run IS-'iK . !»2
Summit of Nejiro mountain, highest point '2'.i'2S . 12
Middle branch of White's creek, at the wext foot of Negro
White's ereek 1 10.5 . r>
Big Youghiogheny river 645 , 5
THE OLD PIKE. 39
Feet. lOlbs. Sumnuit of a ridge between Youghioglieny river and Beaver
waters 1514 . 5
Beaver Run 1123 . 8
Summit of laurel Hill 1550 . 16
Court House in Uniontown 274 . 05
A point ten feet above the surface of low water in the Monon-
gahela river, at the mouth of Dunlap's creek 119 . 26
The law requiring the c-ommisnioners to report those parts of the route as are hiid on the old road, as well as those on new grounds, and to state those parts which require the most immediate attention and ameJioration, 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 rtjad now traveled, the new route could not be made to occupy any part of it (except an intei*section on Wills mountain, another at Jesse Tomlin- son's, and a third near Big Youghiogheny, embracing not a mile of dis- tance in the whole) without unnecessary sacrifices of distances and exjiense.
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 them- selves 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 ])assed 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 direc- tions, with transports of emigrant families, and droves of cattle, hogs, etc., on the way to market. Considering, therefore, that a road on those gmunds must have sufficient breadth to afford ways and water courses, and satisfied that nothing short of well constructed and com- pletely 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 rcpoit, they e.'^timated the expense of a road on tlrese 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 luive no reason to make any altemtion in that estimate.
The contracts authorized by. and which have been taken under the superintendence of the commissioner, Thonuis Moore (duplicates of which accompany this report), will show what has been undertaken
I
40 THE OLD PrKF,.
ri'lutivc to tieariiig tlio titiil^ei- Hiid lirutih frain purt of tbc brcHilth nf the i-oad. The perform a nt-u of these eoiitracti* was in such forwanl- (ies8 on the l«t instant as leaves no iloiibt of their beiiij; completely fulfillefl by the tii'Ht of Muit-h.
The conimiMHidiiei'H further Htiito. that, to aid them in the uxten- wion ot their i-onte. they ran and marked a Btraight line fmin the cniitHin^ place on the Afonoii^uhela. to Wheelinfj;, and hud profrreHsed twenty mik'M. with tlioir nsnul and neci'smiry lines of ttxpcrinu'iit, in iiMcerlainin^ the rthortewt and Ix'st connection of pmctical groundM, when the approach of winter and the Mhitrtm'SH of the days atfordcil no expectulion that they coidd complete the location wltlionl a nccd- k'SM cxpeiiHC in the aunt inclement season of the year. And, pn'siim- ing that the [MiNtponeincnt of the remainiiiy jiart till the ensuing spring? would prodiiec m> Oftiiy in Ihe business ot makinj; the itmd, they viei-o induced to ivtire from it tor the jircfent.
The threat lenjjth of time already employetl in this luibiinesn. nmkes it pTOper for the commissioners to olicerve that, in order to conned the best graundM with that ciii'nnis|»ection which the imiKtiiancc of the duties confided to them demanded, it becanio indispensably neces- sary to rnn lines of exi>erinient and rcfeiviice In variouK directions, which exceed an average of tour times the distance located for the iMnte, am[ ihnt. throuffh a country so irivfiularly bi-oken, and ci-owdeil with very thitk iMhlcrwood in many places, the work has been founil so incalcniiibly teilicnis that, without an lulequate idea of Ihe difficulty, it is not easy to reconcile the delay.
Jt is proper to niontiou that an imperious call from the ]>rivale concerns of Commissioner Joseph Kerr, compelled him to i-elnni home on the 2Slth of Xovemher, which will account for the want of his si;^' natniv to this report.
All of which is, with dne deference, submitted, this 15lh day of .lannaiy. 18(18. KIJ WILLIAMS,
THOMAS SlOOIiK.
NoTK. — It will 1)0 observed that Keyscr's Rirljie, which is umpies- , liiniably the bijihcnt point on the road, is not mentioned by the eoni- missioners. This is, no doubt, because, at the dale of their iv[Hirl, ihc l..culitv rlid no! bear tlic name Keyscr's Hidjie, and was known us a peak of 'Nci,'n) nicnntuin. So<ili uIUt the luciititni of the road. one Keyser acipurcil the ]n'opci1y at the ridfje, and it took its name fn)m hin'i. It will alsi) be observed that the measurement of heights by the conimi.-wioners was made from ''a [joint ten feet above the surface of" low water in the Pol.nuac at Cumberland." A table of heights ijiven ill a suhsecpient chapter, the authority for which is not ascer- tainable, diffei-s fivnii that in the cominissionei-s" ivport, hut their iVjKirt must be accepted as accunite from their point of measurement. The other table refen-ed to. nive,* the heights above the Atlantic and above Cumberland, and endmu-es more hills than the connnissionei-s' report.
CHAPTER VI.
Albert GcUlaiiUj Secretary of the Tn^wniry, called up(m for Information rvi^j^ecthg the Fiiml Applicable to the Roa(U mentioned in the Ohio Ad minion Ad — JIi» Ref^mes,
TENTH CONGRESS — FIRST SESSION. Communicated to the House of Representatives March 8, 1808.
Treasury Department, March 3, 1808.
Sir: In ariHwer to your letter of the 1st instant, I have the honor to state :
1st. That the 5 per cent, reserved by the act of 30th April, 1802, on the^ net moneys received for public lands in the Slate of Ohio, sold since 1st July, 1802, has amounted to the following sums, viz :
From let July, 1802, to 30th June, 1803 $ 0,220 00
From Ist July, 1803, to 30th June, 1804 8,810 17
From let Julv, 1804, to 30th June, 1805 i:{,994 30
From 1st Julv, 18a5, to 30th June, 1800 31,442 20
From Ist Julv, 1800, to 30th June, 1807 28,827 <)2
From Ist July, 1807, to 3l8t December, 1807 (estimated) 15,000 00
$104,2«)4 59 And that the said 5 per cent, will hencefoHh probably amount to $30,000 a year.
2d. That, of the $30,000 appropriated by act of 29th 3Iarch, 1806, there has been expended, in laying out the Cumberland road
from Cumberland to Brownsville, about $10,000
That there nuiy be wanted to Complete the location, about . . 5,000
$15,000 3d. That contracts have been made for opening f)ne-half of the breadth of said road, which, as verbally informed by one of the com- missioners, will require about $3,000, leaving, probably, about $12,000 of the appropriation for the further improvement of the road.
4th. That the portion ot the road actually located and confirmed, no part of which exceeds an angle of five degrees, extends from the navigable waters of the Potomac, at Cumberland, to the navigable watei's of the Monongahela, at Brownsville (Red Stone Old Fort), and it is stated, though no official report has been nuide to me, at about seventy miles.
5th. That that road can be considered as a national object only if completed as a turnpike, whereby all the flour and other produce
I
42 THE OLD PIKE.
of the weetern adjacent countries may be brtiight to a market on the Atlantic sliorcfi; and the transportation of all the salt and other eom- moditieB and merchandise whatever, imported from the Atlantic porlw lo the western country generally, may be reduced probably one tiollai- ]H'r cwt.
And. Lastly, that the ex)>ehwe of completing; that part of the i-oad in snch manner, is estimated at 8400,000.
I have the honor lo lie, renpecl fully, sir, your obedient servant. ALBERT GALLATIN. IIou. John Montgomery, of Maryland, Chairman, etc.. in Congress.
(Committee Room, Dec. 22, 1808. Sir: The commitloe appointed on the message of the President, transmitting a re)>ort of the commissioners concerning a road fi-om CuniherlanO to (.)hio, have directed me to retpiest that you would cause to be laid before them such information us maj' bo in positession of the Treasury Department reBjjecting the fund applicable by law to " the laying out and making public roads leading fi-om the navigable watoi-B emptying into tlio Atlantic, to the Ohio." etc. (1) The uiiox- pended balance of the «30,000 appnipriated by the act nf the 29th of March, 1806 ; (2) The amount of moneys, exclusive of the above, now in the treasury, and in the bauds of the receiver of public moneys, applieahio to that ohject ; and (3) an estimate of the prohable amount of moneys that will accnie to the fund within the two succeeding
I have the honor to he, very re,«pecl fully, sir. your obedient ^c"'"nl- " JEREMIAH MORROW.
Til the Hon. Secretary of the Treasury.
TKNTH CONGRKSS — SfX-OSn SESSION. Cumberland Road.
Conummicrtted to the House of Repftsentatives, February Hi, 1800. Tbeasuhy Department, Dec. 29, 1808.
.SVr; In answer to your letter of the 22d instant, I have the honor to state, for the information of the committee:
1st. That the unexpended balance of the appropriation, made hy the act of Man-h 29, 1806, for ojjening a road fi-om Cumberland, on the Potonmc, to the river Ohio, amounts to $16,075.15; part of which sum will probably be wanted in onler to complete the location and opening of the road. It is pi-ohahic that about 813.000 will re- main applicahle to making the road.
2dly. That the total amount i^eceived, either at the freasurj-, or by the receivers of public monej's on account of roads, and oalculaleil at the rate of 5 per c-ent. of the net proceeds of the sales of lands in the State of Ohio, suhsctpient to the 30tli day of June, 1802. was, on
THE OLD PIKE. 43
the 30th day of September last $104,692
leaving, if that mode of calculating be correct, and after de- ducting the sum appropriated by the above mentioned act. . 30,000
a sum applicable to the road of $ 74,692
in addition to the above mentioned unexpended balance of. . 16,075
and making together a sum of $ 90,767
But if the amount applicable to roads be calculated at the rate of 2 per cent, only, on the net proceeds of the sales of lands, this will, on the 30th of September last, have produced
only $ 41,876
from which, deducting the appropriation of 30,000
leaves an unappropriated balance of $ 11, 876
which, added to the unexpended balance of the appropriation 16,075
makes an aggregate of only $ 27,951
3dly. That the probable receipts on account of that fund may, for the two ensuing years, be estimated at $22,500 a year, if calculated at the rate of 5 per cent., and at $9,000 a year, if calculated at the rate of 2 per cent, on the sales of lands.
I have the honor to be, respectfully, sir, your obedient servant,
ALBERT GALLATIN. Hon. Jeremiah Morrow, Chairman of the Land Committee.
P. S. — Amount of the 2 per cent, of the net proceeds of the lands within the State of Ohio :
From let July, 1802, to 30th June, 1803, 2 per cent $ 2,400 00
From 1st July, 1803, to 30th June, 1804, 2 per cent 3,524 06
From 1st July, 1804, to 30th June, 1805, 2 per cent 5,597 72
From let July, 1805, to 30th June, 1806, 2 per cent 11,248 55
From Ist July, 1806, to 30th June, 1807, 2 per cent 9,120 75
Fro'm let July, 1807, to 30th June, 1808, 2 per cent 9,iK)2 80
Estimated July, 1808, to 31 st October, 1808, 2 per cent. 2,815 60
Total $44,692 48
The sum of $30,000 appropriated per act of 29th of March to be paid therefrom ; of which $13,924.85 seems to have been paid.
A. G.
CHAPTER VII.
Tlic I.ijf of thf. Rood Tkrealfned by Ike Sperlre of a CoiiflUvliimn} Caril — Prefi- deid Mnni-oe Ve>oea a Bill for itt Prfxeri'oliwt atid Rejiair — Gmfrai Jacktmi Iiiu Mingiriiigii — Hoit. Andrew Sleivaii eonien lo the Renctif.
fiipKCIAL MESSAGE. To thclfoiise of Jiepresentativcs : Mav 4, 1822.
Hiiving duly considoi'od the bill, eiititlcil --An act for the preser- vation and repair of the Cumberland Road," it is witli deep rcgiTt (APPRoviNn, AS I DO, THE poi.icv), that I am compelled to ohjoct to itt) paH8ag;c, and to return the bill to the Houhc of Ueprcseiitativei^. hi which it originated, under a conviction that Congreiw do not pos- sess the jKHver, under the Constitution, to pass siich a law, A powei- to establish turnpikes, with gates and tolls, and to enforce the collec- tion of the tolls by penalties, implies a power to adopt and execute u complete system of intenml iniproveniouts. A right to inijKJw duties to be paid by all i)erHiiriH passing a certain road, and on liorseM and carriages, as is done by this bill, involves the right to take the land from the proprietor on a valuation, and to pass laws for the protection of the i-oud from injuries ; and if it exist, an to one road, it exists as to any other, and to as many roads a« Congress may think proper to establish. A right to legislate for one of these purposes, is a right to legislate for the otliera. It is a complete right of jurisdiction an<l sovereignty for ail the puriwsea of internal inipi-ovement. and "not merely the right of applying money under the power vested in Ciin- gres.t to make appi-opriatioiis (under wliich [Hnver, with the consent of the States through which the roa<l passes, the work was origiuaHy commenced, and has been so far executed). I am of opinion that Congress do not possess this power — that the States individmdiy cannot grant it ; for, although tlioy may assent to the appi'opriation of money within their limits for such purpom^H, they can grant no power of jurisdiction of sovereignty, by special compacts with the United States. This power can be granted only by an amendment to the Constitution, and in the niwle pres<'ribed by it. If the i>ower exist, it must he either because it has been ajx-cifically granted to the United Statew, or that it is incidental to some power, which has been specitically granted. If we examine the specific grant» of power, we do not find it among them, nor is it incidental to any power which has been specifically granted. It has never been contended that the l>ower was specifically gmnled. It is claimed only as being incidental
THE OLD PIKE. 45
to some one or more of the powei*8 which are specifically granted. The following are the powers from which it is said to be derived : (1) From the right to establish post offices and post roads ; (2) From the right to declare war ; (3) To regulate commerce ; (4) To pay the debts and provide for the common defence and general welfare ; (5) From the power to make all laws necessary and proper for carrying into execution all the powers vested by the Constitution in the gov- ernment of the United States, or in any department or officer thereof; (6) And lastly, from the power to dispose of and make all needful rules and regulations respecting the territory and other property of the United States. According to my judgment, it cannot be derived from either of these powei-s, nor from all of them united, and in con- sequence it does not exist. Having stated my objections to the bill, I should now cheerfully communicate at large the reasons on which they are founded, if I had time to reduce them to such form as to in- clude them in this paper. The advanced stage of the session renders that impossible. Having, at the commencement of my service in this high trust, considered it a duty to express the opinion that the United States do not possess the power in question, and to suggest for the consideration of Congress the propriety of recommending to the States an amendment to the Constitution, to vest the power in the United States, my attention has been often drawn to the subject since, in consequence whereof, I have occasionally committed my sentiments to paper respecting it. The form which this exposition has assumed is not such as I should have given it had it been intended for Con- gress, nor is it concluded. Nevertheless, as it contains my views on this subject, being one which I deem of very high importance, and which, in many of its bearings, has now become peculiarly urgent, I will communicate it to Congress, if in my power, in the course of the day, or certainly on Monday next. JAMES MONKOE.
General Jackson, in his famous veto of the Maysville Eoad bill (May 27, 1830), refers to the Cumberland Eoad, and to the above message of President Monroe, in the following terms:
'•In the administration of Mr. Jefferson we have two examples of the exercise of the right of appropriation, which, in the considera- tion that led to their adoption, and in their effects upon the public mind, have had a greater agency in marking the character of the power than any subsequent events. I allude to the payment of fifteen millions of dollars for the purchase of Louisiana, and to the original
APPROPRIATION FOR THE CONSTRUCTION OP THE CUMBERLAND ROAD ;
the latter act deriving much weight from the acquiescence and appro- bation of three of the most powerful of the original membei*s of the confederacy, expressed through their respective legislatures. Although the circumstances of the latter case may be such as to de])rive so much of it as relates to the actual construction of the road of the force of an obligatory exposition of the Constitution, it must nevertheless be admitted that so far as the mere appropriation of money is con-
3«
46 THE OLD PIKG.
cerncd, they prcsont the principle in its most imposing aspect. No less than twenty -three different laws have been passed through all the forms of the Constitution, appropriating upwards of two millions and H half of dollars out of the national treasury in support of that im- provement, with the ajiprobation of every pi-esident of the United States, including my predecessor, since its commencement. The views of Mr. Monroe upon this subject were not left to inference. During his administration, a bill was passed through both houses of Congress, conferring the jurisdiction and prescribing the mode by which the federal government should exercise it in the case of the CuuBEKLAND RoAD. He retumcd it with objections to its passage, and in assigning them, took occasion to say that in the early stages of the government he had inclined to the construction that it had no right to expend money except in the performance of acts authorized by the other specific grants of power, accoi-ding to a strict construc- tion of them; but that on further reflection and obseiTation his mind had undergone a change ; that his opinion then was : ' that CongresH had an unlimited power to raise money, and that in its ap- propriation they have a discretionary power, restricted only by the duty to appropriate it to purposes of common defence and of general, not local, National, not State benefit;' and this was avowed to be the governing principle thi-ough the residue of his administration."
On the 27th of January, 1829, the Hon. Andrew Stewart, of Pennsylvania, in a vigorous speech on the floor of Congress, repelled the pi-ojKHtition that the general government was lacking in power and authority to make and preser^'c the road, ft-om which the follow- ing extracts are taken :
" Mr. 3tewait expressed his regret that gentlemen had deemed this a (it occasion to draw into discussion all the topics connected with the general power over the subject of internal improvements. If rei>eated decisions, and the uniform pi-actice of the government could settle any question, this, he thought, ought to bo regarded as settled. The foundation of this road (the National or Cumberland) was laid by a report made by Mr. Giles, the present Governor of Virginia, in 1802, and was sanctioned the next session by a similar report, made by another distinguished Vii-ginian (Mr. Bandolph), now a member of this House — it was the oftspring of Virginia, and he hoped she would not now abandon it as dicgitimate. Commenced under the administration of Mr. Jefferson, it had been sanctioned and prosecuted by every president, and by almost every Congress, for more than a quarter of a century. * * * *
" Without i-oads and canals, of what avail was it to the people of the West to poH,se9s a country, abounding with all the essential ele- ments of wealth and prasperity — of what avail was it to have a countrj' abounding witli inexhaustible mines of coal and ore; to pos- sess a fruitful soil and abundant harvests, without the means of trans- porting them to the places where they were required for consumption? Without a market, the people of the West were left without a motive
HON. ANDREW STEWART.
THE OLD PIKK. 4
â–ºv
for industry. By denying to this portion of the Union the advantages of internal improvements, you not only deprive them of all the ben- efits of governmental expenditures, but you also deprive them of the advantages which nature's God intended for them. Possessing the power, how, he asked, could any representative of the interior or western portions of this Union vote against a policy so essential to the prosperity of the people who sent him here to guard their rights, and advance their interests? * * * *
^' The right of this government to construct such roads and canals as were necessary to carry into effect its mail, military, and commercial powers, was as clear" and undoubted as the right to build a post office, construct a fort, or erect a lighthouse. In every point of view the cases were precisely similar, and were sustained and jus- tified by the same power.'' * * * *
The power, said Mr. S., ''to establish post offices and post roads," involves the power and duty of transporting the mail, and of employ- ing all the means necessary for this purpose. The simple question, then, was this: Are roads necessary to cany the mail? If they were, Congress had expressly the right to make them, and there was an end to the question. Roads were, he contended, not only neces- sary to carry into effect this power, but they were absolutely and in- dispensably necessary; you cannot get along without them, and yet we are gravel^' told that Congress have no right to make a mail road, or repair it when made ! That to do so would ruin the States and produce consolidation — ruin the States by constructing good roads for their use and benefit; produce consolidation by connecting the distant parts of the Union b}^ cheap and ra])id modes of inter-com- munication. If consolidation meant to confirm and perpetuate the Union, he would admit its application, but not otherwise. But we are told that the States will make roads to carry the mails. This was begging the question. If the States would nuike all the roads re- quired to carry into effect our powei*s, very well ; but if they did not, then we may Undoubtedly make them ourselves. But it was never «lesigne<l by the framers of the Constitution that this government should be dependent on the States for the means of executing its powers : '* its means were adeciuate to its ends." This principle was distinctly and unanimously laid down by the Supreme Court in the case already referred to: '^ No trace," says the Chief Justice, ''is to be found in the Constitution of an intention to create a dependence of the government of the Union on the States for the execution of the powers assigned to it — its means are adequate to its ends. To im- pose on it the necessity of resorting to means it cannot control, which another government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a depend- ence on other governments, which might disappoint the most im- portant designs, and is incompatible with the language of the Consti- tution." And this was in perfect harmony with the constant and uniform practice of the government. * * *
40 THE ULU I'IKK.
Mr. H. begged gentlemen to turn their utteiilioii fur a muDieut to the statute book, and see what the practice of the government had been ; what had been already done by Congress in virtue of this powerof'- establishing post offices and post roads." In 1825 an act had been passed, without a word of objection, which wont infinitely further than the bill under consideration. His colleague (Mr. Buchanan) was then a member of this House, and, no doubt, voted for it. His eloquence was then mute — wo heard nothing about States rights, spectres, and sedition laws. This bill, regulating the post office es- tablishment, not only created some thirty or forty highly penal offences, extending not only over the Cumberland Boad, but over every other road in the United States, punishing with severest sanctions, even to the taking away the liberty and the lives of the citizens of the States, and requiring the State courts to take cogiiiaancc of these oftenCes and inflict these punishments. This was not all: this act not only extended over all the mail roads, hut hU other roads running parallel with them, on which all pei-sons are prohibited, under a penalty of fifty dollars, fi-om carrying letters in stages or other vehicles perform- ing regular trips ; and authorizing, too, the seizure and sale of any proiwrty found in them (or the payment of the fines. The same regulations applied to Iwats and vessels {Missing fi-oin one town to another.' (Jom|)arv that bill with the one under debate. This bill had two or thi-oe trifling penalties of ten dollars, and was confined to one i-oad of about one hundred and fifty miles in extent, made by the United Slates, while the other act, with all its fines and forfeitures, pains and penalties, extended not only to all the mail roads in th« [Tnitod States, but also to all parallel roads ; yet no c<miplaint was then heaitl about the constitutionality of this law, or the dreadful consequences of carrj-ing the citizens hundreds of miles to be tried. Under it no difficulties had ever been experienced, and no complaint had ever been heard. There had been no occasitm for appointing United Stales Justices and creating federal courts to carry this law into effect, about which thci-e was so much dcclannUion on this occasion : this wa.«i truly choking at gnats and swallowing cainelf. To take away lifr by virtiie of the post office })ower for iiihliing the mail, is nothing; Imt lo impost.' a fine of ten dollars for wilfully destroying a road which has cost the governmeni a million of dollars, is a di-cadful violation of State rights I An uuheani of usurpation, woi-se than the sedition law ; and went further towards a dissolution of the Union than any other act ot the government. Such were the declarations of his colleague; he hopeil he would be able to give some reason for thus denouncing this hill, after voting for the act of 1825, which car- ried this saiiK' ]iower a hundred times further than this bill. lK>th as regards the llieativ of its operations, and the extent of its ))untsli-
Haviiig thus eRitablished, and, as he though!, conclusively, the right to construct roads and canals (or mail and military purposes, he came next to say a few woi-d." on the subject of those which ai-pcr-
THE OLD PIKE. * 49
taincd to the express power of " regulating eoramerce with foreign nations and among the several States.'' This power carried with it, as a necessary incident, the right to construct commercial roads and canals. From this grant Congress derived exactly the same power to make roads and canals that it did sea-walls, light-houses, buoys, bea- cons, etc, along the seaboard. If the power existed over the one it existed over the other in every point of view ; the cases were pre- cisely parallel ; it was impossible to draw a distinction betw^een them. This power was essential to every government — there was no govern- ment under the sun without it. All writers on national law^ and political economy considered the right lo construct roads and canals as belonging to the commercial power of all governments. * * *
There were great arteries of communication between distant divisions of this extensive empire, passing through many States or bordering upon them, which the States never could and never would make. These works were emphatically national, and ought to be ac- complished by national means^
He instanced the road now under consideration — it passed through Maryland, Pennsylvania and Virginia, yet neither of these States would have given a dollar to make it. It passed mostly through mountainous and uninhabited regions. He adverted to the Potomac, Ohio, and Mississippi rivers. Important as these were to all the States, yet they were the internal concerns of none — they were mere boundaries to which the States would give nothing, while they had so many objects. exclusively internal requiring all their means. For these reasons he was utterly opposed to the project of dividing the surplus revenue of the general government among the several States; this would be to surrender the national means which the people had confided to this purpose to mere local and sectional objects, while those truly national would remain forever unprovided for. He did not claim for this government the power to make roads and canals for all pur])ose8. The powers of this government and of the States were distinct and well defined. To the national government belonged, under the Constitution, the power of making national roads and canals for national purposes. To the States belonged the power of provid- ing for state and local objects. The roads and canals projected and executed by the States and private companies wore often highly im- portant in a national point of view; and to such, in his opinion, this government ought always to afford aid in a proportion corresponding with the interest the nation had in their accomplishment. When in- dividuals were willing to go before and vest millions of their private funds in works strictly and truly national, connecting the remote sec- tions of the Union together (of which we had two distinct examples, one in this district and the other in a neighboring city, Baltimore), could this government, charged with the care and guardianship of all the great interests of the nation, look on with cold indifference? Was it not our duty to lend a helping hand to encourage, to cheer, ancl to sustain them in 4heir noble and patriotic ettorts? ^' -'- '«- ^^
60 THE ULD I'lKE.
Mr. Stewart suJd he would uow pt-oteed to answer, ae briefly as possible, some leading arguments urged by gentlemen in opposition to tlie bill under consideration. His colleague (Mr. Buchanan) had said that this bill proposed a greater stretch of power than the sedition law. This was an argument -'ad captandum rulgus." He would not do his colleague the injustice to su))posc that he was so ignorant of the Constitution of his country as seriously to address such an argument to the underslanding of this House. The bill under consideration was necessary to carrj- into eflfect the expi-ess i>ower of transporting the mail. What power of this government was the sedition law intended to Carry into eftect? None. It was therefoi-e not only clearly unconstitutional on this gi-oiind, but it went directly to abridge the freedom of the press, and, of coui-sc, was a plain and palpable violation of that provision in the Constitution, which declares that "Congress shall make no law abridging the freedom of speech or of ihe press." Kow, if his colleague could show any provision in the Constitution in the slightest degree impugning the right of OongrcsH to pass this kill, then he might have some excuse ibr otTering such an argument, otherwise he had none. Tlic gentleman had, in a very labored eflbrt, endeavored to prove that this government had no kind of jurisdiction or control whatevei" over this road. Yet his own amendment recognized the existence of the very power which he denies. By his amendment he pro]K»8es what? That this govern- ment shall cede the roads to the States, with the power to erect gates and collect as much toll us was necessary to keep it in rejjair. But his whole argument went to prove that Congress did not iKwsess the very power which his amendment assumed and pro]>08i.'d to tin' ■States. The gentleman's amendment, and his speech therefore, were iit open war with each other, and would perhaps both ]>erish in the con- flict. Cortuiuly, both could not survive — one or the other musi fnll.
The gentleman, proceeding in his argument, had assumed prem- ises which nobody would admit, and then, with an air of great tri- umph, ho drew conclusions which even his own premises ivunld nul support. Ho takes for giimled that this governmeul. with all iIk mail, military, and commereial powei-s, has no more right to make :i road to carry these powei-s into eft'cet, through ii State, than any in- <lividual possessing nono of these powei-a would Imve. Thus, having assumed what was utterly inadmissible, he triumphantly inquires whether an individual, having obtained leave to make a road through another's land, could put up gates and exact toll? The gentleman says, surely not. But he said, surely yes, unless expressly ]»rohibited by the contract. Suppose, by perrais.sion, I build a mill, said Mr. S.. upon that gentleman's estate, and construct a bridge and turn|)ike i-oad to get to it, have not I as much right to demand toll at the bridge as at the mill? Most undoubtedly; so that the gentleman's premises and his conclusions were alike fallacious and unsound. This position had been taken by both the gentlemen from Virginia (Mr. Hurhoiu' and Mr. Archer), to whom he would make the siime reply.
THE OLD PIKE. 51
A most extraordinary argument had been advanced against railitaiy roads : the public enemy may get possession of them in war ! ! Was it possible that an American statesman could, at this time of day, urge such an argument ? It might be addressed to a set of timid savages, secure in the midst of the wilderness. The enemy get possession of our roads, and therefore not make them ! Such cowardly arguments would deprive us of every possible means of defence. The enemy, it might be said with equal propriety, may get our ships, our forts, our cannon, our soldiers, and therefore we ought not to provide them. What would the brave freemen of this country say to the men who would deny them roads to travel on, lest the enemy might take them from us in war? They would reply, with Spartan magnanimity, '* Let them come and take them." * * *
A great deal has been said on the subject of jurisdiction ; that, if it existed at all, it must be exclusive ; that it could not attach to soil, and much metaphysical refinement of this sort, which had little to do with the subject. On this point, the only sound and practical rule was, that this government had a right to assume such jurisdiction over their roads as was necessary for their preservation and repair by such means as should be deemed most expedient, leaving everything beyond that to the vStates. Thus far the Constitution declared the legislation of Congress to be *'the supreme law of the land, anything in the constitution and laws of any State to the contrary nothwith- standing." This left to the laws of the States, the right to punish all oflfences and other acts committed upon the road, in the same manner as though they had occurred in any other part of their teri'i- tory. Such had beein the uniform practice of the government in exe- cuting all its powers up to the present time, and no complaint had ever been made or inconvenience experienced.
It has been universally conceded on all hands in this debate, that the consent of the States could not confer any jurisdiction oi* powers on this government beyond what it had derived from the Constitu- tion. This was too clear a proposition to admit of doubt. Yet the names of Jeffei'son, Madison, Monroe, and Gallatin, were introduced and relied on. Did gentlemen forget that Mr. Gallatin was the very first man that ever suggested the plan for making the Cumberland road, and that it had been sanctioned and actually constructed under the administrations of Jefferson, Madison, and Monroe? Their opin- ions were thus reduced to practice, which was the best evidence in the world — "By their fruits shall ye know them."
CIlAl'TER VIII.
SfiiU' Authorilij prn-aUn — Tk( Road mrrriiilfi-td by Ct/iigiyim — The .rrdiuii </ Tvll Galtt aiiOiorizid — Commimoiitrt appoiiiled bi/ llu Stalet to recfire the Road ^ They uTangU orer ill bad condition, and demand thai il be put in thorough repair by Cutigref, be/ore llie Strtlee mill acopi It — Old atui familiar iiaineg of tite Cummimonen — The Road accepted by ihe Stale*.
At tho HtiHsioii of the yeiii' 1831, the PeiiiiMylvania Li'gisluture IMiHrted a bill, which was appi-oved April 4th, of that year, by George Wolf, governor, the preamble to, and the firtit, and part of the second, and all of the tenth sections of which read as follows:
■• Whereas, that (Mirt of tlie Cumberland Boa<l lying within the Stale of Pennsylvania is in ni(tny 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 in- terested in said road, and its constant continuance and pi-eser\-ation ; the i-e fore,
Section 1. Be it enacted iiy the Senate and House of Jlcpresenta- ttves of the commoii>re<ilth of Pennsylv'tnid, in general assembly met, and it is hereby enarted by authority of the same; That as soon as the eon- sent of tho government of the United States shall have been obtained, as hei-einafler provided, William F. Coplan, David Downer, of Fay- ette county, Stephen Hill, Benjamin Anderson, of Washington eounty, and Thomas Kndsley, of Smithlield, Somerset county, shall he, and they are hereby appointe<l commiasionors, 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 t he right of api>oinI- iiigBaidf^minissionerBshallvcst in tho governor oi this commonwealth, to build toll houses, and erect toll gales at suitable distances on so much of the Cumberland Road as lies within the State of Pennsylva- nia; Proc/i't'rf, that if anyone or moi-e of the commissioners should die, resign, or i-efuse to serve, the Governor shall appoint one or more olher commissioiiei's to till the vacancies so happening ; And provided, tilso. that nothing herein contained shall he construed to prevent the Governor tnmi n>-api)ointing the comniissionci-s named in this act, if he thinks pi-opei\
Sec. 2. Thai for the pnrjwse of kce|)iiig so much of the siiid i-oad in re)>aira8 lies within the State of Pennsj'lvania, and piyingthe ex- pense of collection and olher incidental exjicii4es, the commissioners
THE OLD PIKE. 53
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, lead- ing or driving any horaes, cattle, sulky, chair, pha>ton, cart, chaise, wagon, sleigh, sled or other carriage of burden or pleasure from pass- ing 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 : Pro- vided, 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 in- cident 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 Tebruary, 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 hei- legislature, agreed to accept the road upon the same condition required 1)3' Pennsylvania, and on the Tth of Februar}', 1832, Virginia accepted in an act simihir to that of Ohio. On the 3d of July, 1832, Congress declared it« assent to the above mentioned laws of Pennsylvania and Maiyland in these words: ^-To which acts the assent of the Unitecl States is hereby given, to remain in force during the pleasure of Con- gress," and on the 2d of March. 1833. assented to the act of Virginia with a similar limitation.
January 19, 1835.
REFERRED TO THE COMMITTEE OF THE WHOLE HOUSE, TO
WHICH IS COMMITTED BILL No. 22L
To the Senate and House of Repre.'^entatives of the United State.'^ in Congress assembled :
The undersigned beg leave to represent that they have been ap- ]K)inted commissioners, under the act of the Legislature of Pennsylva- nia, to accept from the general government so much of the Cumber- land Eoad as lies within tlie limits of that State, and erect toll gates
54 THE OLD PIKE.
as soon as it is put in such a state of repair as is required by the pro- visions 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 Monon- gahela 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 dut}^ 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 re- pairs in a substantial manner, as required by the act of our own leg- islature. We will not undertake to prescribe the amount which may be necessary; but, to satisfy your honorable bodies that we are dis- posed to go as far as the faithful discharge of our duty will permit, we hereby' pledge ourselves, so soon as Congress shall make an appro- priation 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 respect- fully to submit to the wisdom of your honorable bodies to determine whether it will be better to make the necessary appropriation to jus- tify us in accepting the road, and relieving the government from all future charge, or to keep it in its present state, subject to annual ap- propriations for its preservation, as heretofore.
THO. ENDSLEY. STEPHEN HILL. DAVID DOWNER. WILLIAM F. COPLAN. January 7, 1835. BENJAMIN ANDERSON.
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 rep- resent 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 ac- cepting it. They further represent that the road has not yet been
THE OLD PIKE. 55
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 heav}^ 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 Brad- dock *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 struc- tures, by the act of Assembl}^ of Maryland, authorizing the President to change the location of the road. The undersigned are also ad- vised 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, authonzing the change in the location of the road, winch 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 under- signed, in the discharge of their duty, to recommend to the State the acceptance of the road. And they would most earnestly but respect- fully urge upon Congress the propriety of making such an appropri- ation 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 under- signed will not undertake to prescribe the sum which may bo neces- sary 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 ])ermit, 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 re- port to the Governor and Council the state of the road, and recom- mend that the State receive such part of the road as may be com- pleted, 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 neces.sary 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 pres- ent state, subject to appropriations for its preservation, as heretofore
JOHN HOYE, MESHECK FKOST,
Commissioners of the State of Marylawd.
56
THE OLD PIKE.
On April 1, 1835, Pennsylvania accepted the road in the follow- ing bnef 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 lie^ within the State of Pennsylvania is hereby accepted by this State, and the commissionei's 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 thence- forth it was. and remains under the control of the several States through which it passes.
CHAPTER IX.
Plan of Repairs — Tlie Macadam Stfi^tem adopted — Mr. Stockton offers hw sen ices — Capi. Delafield made Superintendent — The Road in a hid condition — Permis- sion asked to deviate from instmctionSy and refused — Capt. Giesetj lifted the old road bed indiscriminately — First defects to he remedied — Lieut, Mansfield at Uniontown — Plan emphcmzed in notices for contracts — Free passage for water a first consideration.
Engineer Department,
Washington, July 23, 1832.
Lt. J. K. F. Mansfield^ Corps of Engineers:
Sir: By direction of the Secretary of War, you have been as- nigned, temporarily, to the superintendence of the repairs of the Cumberland Road east of the Ohio river ; and in the discharge of your duties in this capacity, you will be governed by the following instructions :
1st. Respecting the parts to be repaired. The extreme limits within which your operations will be confined are, the point of inter- section of the road with the western boundary line of the State of Pennsylvania, and Cumberland, in the State of Maryland; the divid- ing line between these vStates will be considered a« dividing the line of the road to be repaired into two divisions, and the division within the State of Pennsylvania will be subdivided into six equal sections, and that within the State of Maryland, into two ; then, having made a thorough examination of each of these sections, with a view to make 3'oui*self acquainted with their exact condition, you will classify them in the order of their condition, placing the worst first, the next worst second, and so on, making the best the last. You will then make an estimate for the repairs of each of these sections, to ascertain how far the appropriation, which is one hundred and fifty thousand dollars, will go toward repairing the whole road. Separate contracts will then be made for executing the repairs, commencing with No. 1, and passing regularly through the sections, as classified, to the best sec- tion ; and these repairs will be prosecuted with as much despatch as the nature of the case will allow. Should vou deem it advisable, in letting out these sections, to retain any portion of them which may seem to require but slight repairs, and which repairs could be ex- ecuted with greater economy by having overseers and laborers to act under your immediate direction, you are at liberty to do so, bearing in mind, how^ever, that whenever the repaii^s of the road can be made
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with equal economy, it is the wish of the department that they should be made by contract. As soon as one or more of these sections are finished, you will notify the commissioners appointed to receive this road by the laws of Pennsylvania and Maryland, api)roved, that of the former on the 4th day of April, 1831, and that of the latter on the 4th day of January, 1832, that these sections are ready to be turned over to the State, and you will accordingly turn them over.
2d. Respecting the mode of repairs. In order to insure efficient and permanent repairs, they are to be made on that which is called the Macadam system ; that is to say, the pavement of the old road must be entirely broken up, and the stones removed from the road ; the bed of which must then be raked smooth, and made nearly flat, having a rise of not more than three inches from the side to the center, in a road thirty feet wide ; the ditches on each side of the road, and the drains leading from them, are to be so constructed that the water cannot stand at a higher level than that which is eighteen inches below the lowest i)art of the surface of the road; and, in all cases, when it is practicable, the drains should be adjusted in such a manner as to lead the water entirely from the side ditches. The culverts are to be cleared out, and so adjusted as to allow the free passage of all water that may tend to cross the road.
Having thus formed the bed of the road, cleaned out the ditches and culverts, and adjusted the side drains, the stone, reduced to a size not exceeding four ounces in weight, must be spread on with shovels, and raked smooth. The old material should be used only when it is of sufficient hardness, and no clay or sand must be mixed with the stone.
In replacing the covering 6f stone, it will be found best to lay it on in strata of about three inches thick, admitting the travel for a short interval on each layer, and interposing such obstructions from time to time as will insure an equal travel over every portion of the road ; taking care to keep persons in constant attendance to rake the surface when it becomes uneven by the action of the wheels of car- riages. In those parts of the road, if any, where materials of good quality cannot be obtained from the road in sufficient quantity to afford a course of six inches, new stone must be procured to make up the deficiency to that thickness; but it is unnecessary, in any part, to put on a covering of more than nine inches. None but limestone, flint or granite, should be used for the covering, if practicable: and no covering should be placed u])on the bed of the road till it has be- come well comj)acted and thoroughly dried. At proper intervals, on the slopes of hills, drains or paved catch -waters must be made across the road, when the cost of constructing culverts would render their use inexpedient. These catch-waters must be nnide with a gradual curvature, so as to give no jolts to the wheels of carriages passing over them ; but whenever the expense will justify the introduction of culverts, they will be used in preference; and in all cases where the water crosses the road, either in catch-waters or under culverts.
THE OLD PIKE. 59
sufficient pavements and overfalls must be constructed to provide against the possibility of the road or banks being washed away by it.
The masonry of the bridges, culverts, and side walls, must be re- paired, when it may be required, in a substantial manner, and care must be taken that the mortar used be of good quality, without ad- mixture of raw clay. All the masonry to be well pointed with hy- draulic mortar, and in no-case must the pointing be put on after the middle of October; all masonry finished after this time will be well covered, and pointed early in the following spring. Care must be taken, also, to provide means for carrying off the water from the bases of walls, to prevent the action of frost on their fotindations; and it is highly important that all foundations in masonry should be well pointed with hydraulic mortar to a depth of eighteen inches be- low the surface of the ground.
As the law^s on the subject of this road do not seem to justify a deviation from the original location, you will bo careful to confine your operations to the road as you find it located ; but, as it is be- lieved that its axis may be dropped without adding much to the ex- pense in those places where its inclination with the horizon exceeds four degi'ees, you are authorized, under the exercise of a sound dis- cretion, to make this change.
In making your contracts, it must be understood that you are to have the genenil supervision of their execution, and that it will be your duty to see that all labor and materials ( provided for by them) be applied in the most faithful and substantial manner. These con- tracts must provide in their specifications for all the work that can be anticipated, and should it happen that additional stipulations are aft^jrwards found to be necessary for either workmanship or supplies not originally provided for, the facts must be reported to this depart- ment, and, with its approbation, if obtained, new contracts will be made for the additional services and supplies requii*ed ; and it must be distinctly understood by the contractors that no payment will be made for work not provided for by their contracts.
Mr. L.W. Stockton, of Uniontown, has been engaged on this road and is intimately acquainted with every part of it, as w'cU as with the adjacent country ; and, as he has offered his services, you would do well to call upon him and avail youi*self of them in any capacity that may seem to you best.
As soon as it can be done, a drawing of the whole road, with de- tails of construction, will be forwarded, to be filed in this office.
You will take up your headquarters at any point on the road where your services may appear to you to be most needed ; and, as soon as you shall have completed such an examination of the road as will place you in possession of the information necessary to draw up the specifications to your contracts, you will invite proposals for those contracts through the public prints. These contracts will be closed with as little delay as the interest of the road will allow, when the work will be commenced, and the contracts, together with the proper
60 THE OLD PIKK.
estimates, forwarded to this office. For the niode of making these estimates, keeping your accounts, and conducting your corre8]K)ndence with this office, 3'ou are referred to the regulations of the Engineer Department.
Captain Delafield has been assigned to the permanent superin- tendence of the repairs of this road, and has been directed to join 3'ou on or before the 1st of October next. You will, therefore, imme- diately on his arrival, turn over to him these instructions, together with all the papers and public property that may be in your ])osses- sion relating to the road. As soon as you shall have completed the necessary examinations on the road, you will commence and continue the repairs simultaneously in both States.
You will make application for such instruments and funds as may appear necessary to enable you to execute the foregoing instruc- tions. I am, Ac,
C. GRATIOT,
Brigadier General.
ClMMEKLAND, Md., AllgUst 1, 1832.
Sir: I have this evening returned from a general reconnoissance of the road in this State. I tind the road in a shocking condition, and every rod of it will require great repair ; some of it is now almost impassable. I purpose leaving here to-morrow, on a particular measurement and survey of the road as it is, and the requisites to put it in complete repair.
The object of this communication is to request to be permitted to deviate, according to circumstances, fi'om so much of my instriu-- tions as requires the old bed in all cases to be lifted, and the rise in the middle three inches ; for there are j)arts of the road where the top of the old bed is full low, and where it will be more expensive, and less firm, to remove the old bed and fill in with earth, than to bring stone and Macadamize on the top of the old bed to the thickness of nine inches; and there are cases on the sides of the mountains where a greater rise than three inches, such, for instance, as some parts of it now have, which is more advantageous than a less one to confine the water to the guttei*s in cases of torrents, and thereby preventing a general sweep over the whole road, which would carry oil' the smallest stuff of a Macadamized road.
The repaii'S made by Mr. Giesey, about two years since, Jiave the radical fault resulting from having lifted the old road indiscriminately, and not giving sufficient rise to the center for a mountainous country.
I have the honor to be, sir.
Very respectfully, your most obedient,
J. K. F. MANSFIELD,
Lieut, of Engineers. Gen. Chas. Gratiot. Chief ilngineor.
the old pike. 61
Engineer Department,
Washington, August 9, 1832.
Sir: Your letter of the Ist irtstaiii, requesting permission to de- viate, according to circumstances, from so much of the instructions of the department to you, on the subject of the repairs of the Cum- berland Road, as requires the old road in all cases to be lifted, and the rise in the middle to be made three inches, has been under con- sideration, and I have to inform you that this permission cannot be granted.
In withholding the sanction of the department to any deviation from the prominent features of your instructions on the subject of these repairs, it may, perhaps, be proper to state, for your informa- tion, the views of the department on this subject.
By refeiTing to the report of Mr. Weaver, a printed copy of which you have in your possession^ who made an examination of the Cumberland Road in 1827, you will perceive that the mode of con- structing it was that of digging a trench, or of sinking the bed of the road below the natuml surface of the ground ; that this trench was tilled with large stones, and that these were covered \vith stones a size smaller, and so on. By this construction, it was intended that the weight of the carriages passing over the road should be supported by the large stones, and that the smaller stones were only intended to present an even surface for the easy passage of vehicles over it. The great objections to this construction are, that the bed being lower than the surface of the ground on each side, the ditches can hardly ever be sunk sufficiently deep to interce])t the passage of water from the ground adjacent to the road to the ditch or trench in Avhich the road is made ; this water, by keeping the bed constantly wet, would cause the heavy stones of the fii'st layer to sink into the ground, and thus break up the surface of the roa<^l, and allow the free passage of water through the covering itself. In the winter, the frost acting upon the bed, rendered wet by the free passage of water to it in every direction, would heave the stones to such a degree that the road in a little time would be perfectly impassable ; and if any evidence, in addition to that presented by the testimony of the most experienced and approved road builders, were necessary to convince the depart- ment that the present dilapidated state of the road under your charge is owing entirely to the operation of the causes above alluded to, it is believed that that evidence is found in the report made by Capt. Delafield, who inspected the repairs of this road made by Mr. Giesey. By pureuing the course suggested in your letter, it is be- lieved that these objections and difficulties would still obtain, and that in a little time, however faithfully the repairs might be made on the top of the large stones, the road would be in as bad order as it is at present, since the great cause of these evils would remain, viz. : that of having the bed which supports the stones, and which in fact should
4
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be the real support of the traffic on the road, h)wer than the neigh- boring ground.
It is the intention of the department that the defects of the first construction of the road shall be remedied in its repair, and as it is be- lieved that the adoption, as nearly as practicable, of the Macadam system, in all its im])ortant features, presents the only means of effecting this remedy, and as this system forms the basis of your in- structions, it is recommended that they be departed from as little a.** possible.
It is by no means the intention of the department to take from you all discretion in the discharge of your duties; such a coui*se would defeat the object had in view in sending an officer or engineers on the road ; but it is believed to be highly important that the exer- cise of this discretion should be limited to an extent that will insure the adoption of such principles and rules as cannot fail to render these repairs permanent. For these principles and rules, you are referred to Mr. Macadam's work on the construction and repaire of roads, a copy of which is in 3"our possession. In removing the metal from the old road, whenever hollows present themselves in the old bed, it is recommended that they be filled with earth ; indeed, the whole bed of the road should be elevated, and its form given to it, before any of the covering of stone be replaced. The earth neces.sary for this may be taken from the ditches,, or even from the siies of the road, where it can be done without encroaching upon the privileges of per- sons residing on the road. I am, &c., &c.,
C. GRATIOT. Lt. J. K. F. Mansfield,
Corps of Engineers, Uniontown, Pa.
EXTRACTS FROM NOTICES FOR CONTRACTS.
PLAN OF REPAIRS.
The plan for repair is to lift the pavement of the old road in all cases, and deposit the ston'e off the bed ; then to repair the culverts, clear the drains, ditches, and culverts, so as to admit the free passage of water, and graduate the bed of the road, so that, when well packed by travel or other means, it will be three inches higher in the middle than at either side, for a bed of thirty feet. Having thus formed the bed of the road, the hard stone (if there be any) of the old road, broken to a size not exceeding four ounces, is to be placed on the bed of the road to a breadth of twenty feet, and a thickness not exceeding nine inches, and in cases where there is a deficiency of the old material, limestone or whinstone is to be procured to supply the de- ficiency to the required thickness of nine inches. Catch-waters and hollow-ways to be permanently constructed on the sides of hills, and at other places where it will be thought necessary by the superin- tending engineer, but in no case to exceed one in every twelve rods.
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111 those sections where pieces of hitherto Macadamized road are in- cluded, the sand is to be taken off, and, before new metal is added, the surface loosened with a pick. The metal added to be three inches thick in the cases heretofore Macadamized.
JOS. K. F. MANSFIELD,
Lieutenant Corps of Engineers.
Engineer Department,
Washington, August 27, 1832.
Sir: 1 have to acknowledge the receipt of your letter of the 24th inst., inclosing two printed advertisements for proposals to contract tor the repaii*8 of the Cumberland Road under your charge.
In answer, the department would call your attention to your re- marks under the head *• Plan of Repairs," and would suggest that, in- stead of removing the stones from the bed of the road before the drains, ditches, and culverts are put in repair, to allow the free passage of water from the road, this latter operation should be first attended to, to^ the end that the removal of the stone from the road might be effected without the fear of being annoyed by the accumulation of water from heavy rains. Besides, thus preparing the drains, ditches, &c.. in the first place, would enable the bed to become perfectly dry by the time the stones are prepared to be replaced.
I am, &c.,
C. GRATIOT.
Lt. J. K. F. Mansfield,
Corps of Engineers, L^niontown, Pa.
CHAPTER X.
Lieut. Maiwfield gupei'Hcded by Capt. Delafield — The Turning of Wilh i/cwoi/a/n — Contractors not Projjirhj hvAructed — Capt. Delafield rngge^t^ a Change of Plany and enforces his Vietrs by Copious Qnotufions from Macadam — He is Permitted to exercise his own Discretion — Too much sand l)etween Union- town and Cumln'rland — Operafionj* a^ Wills Creek sustMiided — A Collisuyn witJi the Chesapeake and Ohio Canal Ojm^Kiny — The difficulty adjwftedyand (fperu- turns resumed.
Enuineer Department.
Washington, October 5, 1832.
Sir : Oil the arrival of Captain Delalield, of the engineers, on the C'Uniberhmd lioad in Pennsylvania and Maryhmd, you will hand to him the enclosed communication, which assigns to him the superin- tendence of the repairs of that road which have heretofore been con- ductod under your 8U])ervi8ion. You will, also, turn over to him all the funds, books, papers, and public pro])erty in your possession ap- pertaining to this road, and close your account with it.
Very respectfully, &c..
By order: HvM. H. C. BARTLETT,
Lieut, and Assistant to Chief Engineer. Lieut. J. K. F. Mansfield,
Corps of Engineei's, Uniontown, Pa.
Uniontown, December 13, 1832.
Sir: The surveys of a route for turning Wills mountain by the valley of Braddock's run and Wilis creek are progressing, being retarded only by the weather. I have examined the whole route, and can confirm the most satisfactory account you may have heard of it. The ground over which the road will pass is a uniform in- clined ])lane, requiring very few culverts, two small bridges over Braddock's run of about fifteen feet span each, with side hill in no other part than about 300 yards in the ''Narrows" of Wills creek, where a most simple and expedient plan will be to use the level and smooth bottom of the creek for the road, by building a wall not to ex- ceed ten feet in height, thus throwing the stream on the opposite bank, peculiarly well formed for this construction, being a low^ bottom of alluvion. The idea of cutting into the mountain would be
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THE OLD PIKE. 65
expensive, and no better than throwing the creek from its present bed.
On the arrival of Mr. Pettit, I shall divide the road into four sec- tions, giving him one. The present condition of the road is most unpromising. Nearly every contractor has formed his bed in the val- ley made by the removal of the old pavement, the consequence of which is, that, with the mild season and rainy weather, the bed is not drained, nor can it be, until the side roads are cut down to the bottom of the stone strata — a measure I directed as the only means of "cor- recting the evil. Time, and the headstrong obstinacy of some of the contractors, have prevented much of the work being so attended to. All the contracts made by Lieut. Mansfield distinctly specify that the road for 30 feet in width shall be graded in such manner as to avoid this difficulty; yet in carrying the contracts into effect, the superin- tendents have, in no instance, instructed the contractors in the proper course. They have, in most instances too, permitted the stone to be broken on the road ; the consequences of this are, much sand and dirt in the metal, and a bed graded without proper attention. This is the more remarkable, as in my report on the work executed two years .since by one of the present superintendents, these errors were pointed out as serious evils, yet they are not corrected. It must be expected, therefore, that all that part of the road now under constniction will be very indifferently made, and by no means such as the Macadam sys- tem calls for. By the time the superintendents acquire a knowledge of their business, the present contracts will be completed. Instead of giving out any more of the work under the present system, as I had contemplated and advertised, I shall postpone doing so until I am better assured that the work can be properly executed. I look anx- iously for Mr. Pettit, trusting his intelligence may correct some of the defects in the section he will be called upon to superintend.
To instruct the superintendents in their duties, I shall be com- pelled to have printed a manual or primer, with a few lithographic sections, that the sight may aid the mind in a proper undei*standing of the business. To persevere in the present plan, where neither con- tractors, superintendents, nor laborers, un3erstand their business, is highly inexpedient, and I shall forthwith commence maturing a system that must be productive of more good with less money, or it were better to leave the work undone, for I am satisfied that durability can not be looked for under the present system.
My first business will be to draw the operations to a close, and then endeavor to bring about the connection. You will be apprised of my views before carrying any of them into effect, observing that, in anticipation of a change, I have suspended making the contracts alluded to in my communication of the 27th ultimo.
Kespectfully, your obedient servant,
EIGH'D DELAFIELD, Brig. Gen. Charles Gratiot, Captain of Engineers.
Chief Engineer.
66 THE OLD PIKE.
Baltimore, May 6, 1833.
Sir: The instructions of the department of the 23d July last, re- lating to the method of repairing the Cumberland Road east of the Ohio, are founded upon principles upon which I differ in opinion, and beg leave to request your reconsideration, involving, as they do, an expenditure of not less than $250,000, when compared with what I judge to be the most judicious method of making the repairs.
It is in relation to the propriety of breaking up the old bed of the road in all cases. I apprehend the department was not aware that the bed is a substantial, yet rough pavement, and not formed of loose, detached masses of quarry stone thrown together, without order. It is important to consider this particular when examining the authorities on road making.
M}" own views are that it is decidedly prefemble to retain the old pavement in all cases where its continuity is unbroken, even mending small parts that may be deranged, and Macadamizing over it. In this, I think, I am borne out by Macadam, Dean, Telford, and Farey. whose ideas on the subject are annexed, as extracted from "Macadam on Iloads."
The only two arguments against the method I propose are, first, that the metal will grind to dust by being placed over large stone. In answer to which, I say, that the road passing through a rocky country, even after removing the pavement, there still remains a rocky foundation ; and where the pavement is well bedded in sand or cla3% we have all the elasticity necessary from the clay or sand bed through the pavement. In support of which, see the sample of metal taken from the road through Uniontown, where the under strata have not worn or crushed an iota, presenting angles as sharp as the day they were first placed there. Were the metal placed upon an un- yielding rock, it would doubtless soon grind to dust ; but placing it upon a pavement laid in sand or gravel, preserves the elasticity so necessary for this kind of road. Second : That large stone, placed under Macadam metal, will work to the surface. This is doubtless true when detached pieces are surrounded by the metal, but with a pavement the case is very different. I find pieces of this Cumberland Road, repaired as far back as 1827, by Mr. Ewing, over the old pave- ment, in perfect order to this day; as, also, some parts done in this way by Giesey in 1829, that are much better than any of the repaii's he made at the same time; and a piece through Uniontown. by the authorities of the place, in 1830, remains in perfect order.
I have been led to reflect upon this subject from learning that the Ohio road had cut through and was impassable at certain places during the months of February and March, and seeing the state of the road under my supervision between Cumberland and Wheeling, comparing the parts repaired last season, those under Giesey, Ewing, and the town authorities, with the old pavement that has stood six- teen years without a cent of money in repair, and to this day is a very good wagon road, rough, it is true, yet never cutting through during
THE OLD PIKE. . 67
the fall, winter, or spring, where the pavement is continuous. To throw away so firm a foundation I cannot think advisable, and beg you to reflect upon the subject and favor me with your views.
The road in Ohio has worn six j'ears (nearly) without repairs, and was impassable this spring. The old Cumberland Eoad has worn sixteen years, and mile after mile has never been known to cut through at any season. Parts of it covered with Macadamized metal, and worn for ^ve years, are in fine order, and present a very smooth surface, never having cut through. Other parts, where the old pave- ment has been removed and Macadamized, were impassable during the spring after three years' wear. We have to bear in mind the im- possibility of keeping the ditches and drains open in the mountains during the winter. Ice forming in the drains will, of course, throw the melting snows on the surface of the road, whicli is destructive to a Macadamized road on clay or sand, whereas, if on the old pave- ment, it has strength enough to resist the travel until either dried by frost, or sun. This is a consideration that the English road-makers had not to consider with the same weight. As to keeping the drains open, and the road surface free from water in the winter, I conceive it impracticable in the mountains ; hence the further propriety of preserving a foundation that will secure a firm road at all seasons, even if the wear should prove some five or ten per cent, more rapid, which I do not even think will be the case on the plan suggested of Macadamizing upon a pavement, and not on an unyielding, rocky bottom. Respectfully, your obedient servant,
RICHARD DELAFIELD, Brig. Gen. C. Gratiot, . Captain of Engineers.
Chief Engineer.
EXTRACTS FROM "MACADAM ON ROADS/' MADE BY CAPTAIN DELAFIELD IN SUPPORT OF HIS VIEWS RELATING TO THE PAVEMENT FORMING THE BED OF THE "CUMBERLAND ROAD EAST OF THE OHIO."
Page 39. — "It would be highly unprofitable to lift and relay a road, even if the materials should have been originally too large. The road between Cirencester and Bath is made of stone too large in size. In this case I recommend cutting down the high places," &c.
Page 40. — "A part of the road in the Bath district is made of freestone, which it Avould be unprofitable to lift. Other cases of several kinds have occurred where a different method must be adopted, but which it is impossible to specify, and must be met by the practical skill of the officer, and who must constantly recur to general prin- ciples."
Page 42. — "The price of lifting a road, &c., leaving the road in a finished state, has been found in practice to be from Id. to 2d. per superficial yard, lifted four inches deep."
70 THE OLD PIKE.
Uniontown, Pa., June 11, 1833.
Sir : I find upon an examination of the National Eoad, under your superintendence, from Cumberland to this place, that too great a portion of sand and other perishable stone has been allowed to be put on it. In almost the whole distance, little or no regard has been paid to the keeping the side drains open, at least sufficiently so to carry the water freely from the road. The culverts are too few and small, particularly on the long slopes ; and the manner of constructing the hollow-ways and catch^waters is defective. These errore of con- struction cause the water, in many places, to pass over the road, to its rapid destruction. I am aware of the difficulties you have to contend w4th under the contract system, and that to this cause most of the evils complained of may be traced. As it is all important that they should be remedied, as soon as practicable, you will enforce the early completion of the several contracts, according to their condi- tions, after making due allowance for the stoppage arising from your order for suspending operations during last winter. On the comple- tion of the road, should it be found not to possess the requisite properties to secure its permanenc}^ you will make such additions under your own agency as will place it in the condition con- templated by the government, befoix) turning it over to the States. Not less than six inches of lime or sandstone should be put upon the surface, and where lime is exclusively used, the thickness should not be less than nine inches. The side ditches should, when pi*acticablo, be at least eighteen inches below the bed of the road ; and when this cannot be done, culverts, 2'x3', should be constructed at convenient distances to carry off the water, which, in no instance, should be allowed to rise above the level of the bed of the road. The cAtch- waters should be constructed in such a manner, that while they sub- serve the purposes for which they are intended, they should admit the passage of vehicles without jolting; and, in every case, with a view^ to prevent their being washed into deep gullies. As this fre- quently happens when they are constructed with broken stone, it will be proper to pave them with shingle stones, if to be had ; or, when this cannot be obtained, w^th limestone firmly imbedded in the road. It should especially be observed that, before breaking up the road for the reception of the metal, the ditches should bo fii*st prepared, and then the culverts. This will keep the roadway dry for travel, and better prepare it for the reception of its covering. As it is found impracticable to keep the travel from the center of the road, and the deep ruts that are formed, then, as a consequence, I would recom- mend, instead of the present system of blocking, that rakers should be constantly employed to preserve the transvei'se profile. If it docs not come within the spirit of the contract, that this labor should be performed by the contractors, you will hire men to do it yourself. This operation, in addition to the draining system before recom- mended, will, it is presumed, preserve the road from further ruin, and place it in a condition to receive its last coat of limestone. Finally.
THE OLD ^IKE. 71
while studying due economy in your administration of the affairs of the road, you should constantly bear in mind that the wishes of the government are to have a superior road, both as regards workman- ship, and the quality of the materials used in its construction. With this understanding, it is expected that you will avail yourself of all the facilities within your reach to effect, in a satisfactory manner to 3"our8elf and the public at large, the great end proposed — the con- struction of a road unrivaled in the country. These are the yiews and special instructions of the Secretary of War.
I am, respectfully, &c.,
C. GRATIOT, Brig. General. Capt. R. Delafield,
Corps of Engineers, Uniontown, Pa.
Engineer Department,
*
Washington, July 16, 1833.
Sir:- You will forthwith cause all operations to cease on that part of the new location of the Cumberland Road on the east of Wills creek. You shall in a few days receive further instructions on this subject. Very respectfully, &c.,
WM. H. C. BARTLETT, Lieut, and Assistant to Chief Engineer. Capt. R. Delafiekl,
C'Orps of Engineers, Uniontown, Pa.
Engineer Department,
Washington, July 20, 1833.
Sir: On the 16th you were advised to delay any further action as to the location of the Cumberland Road until you were again written to.
Mr. Purcell reports to the Board of the Chesapeake and Ohio Canal Company that the road being at the site now chosen will occa- sion an increased cost to the Canal Company of upwards of $16,000. It is very desirable to avoid this state of things, for, as their charter claims precedence, it would necessarily create a demand upon the government commensurate with the injury sustained.
Major Eaton, president of the Canal Company, will direct Mr. Purcell, the engineer, to proceed forthwith to Cumberland, with 3'ou. to ascei'tain the best mode of making the location by which to avoid any injury or increased expense to the Canal Compan}-. You are instructed to confer freely with Mr. Purcell, holding the object sug- gested steadily in view, and give such direction to the location of the road as may best attain this object. This done, you will forward a plan of the route agreed on, and n minute detail of everything, par-
72 THE OLD PIKE.
ticularly what increased expense to the Canal Company will probably be occasioned. On receiving your report, the case will be considered here, and you be advised immediately of the course to be pursued.
Very respectfully, &c., &c.,
By order: WM. H. C. BARTLETT,
Lieut, and Assistant to Chief Engineer. Capt. U. Delafield,
Corps of Engineers, TJniontown, Pa.
Philadelphia, July 26, 1833.
Sir: The order of your department of the 16th instant was re- ceived by me at Cumberland, and its injunctions forthwith carried into effect. The communication of the 20th has since been received, explanatory of that order. In relation to locating that part of the National Road that might probably interfere with the Canal Company, measures were taken to procure from the Company such information as would enable me to locate the road without coming in contact with any part of the Canal route; and, so far as the information was fur- nished, I have endeavored so to do. I enclose copies of the letter and information received from the president of the company, in reply to a request for such infonnation as would enable me to ^'ascertain at what point the Chesapeake and Ohio Company contemplate erecting their dam across Wills creek, and to what height it will be raised above low water. The information desired is for enabling me to locate the bridge for the road at a point, and elevate its arches to such a height that the interest of the Canal Company will not be effected; and that I may at the same time, fulfill the objects contemplated by the law authorizing the new location."
In reply to which you will perceive '* the location of the canal is that recommended by General Bernard,, and the Board of Internal Improvement, over which he presided," and that it was proposed to feed the canal at Cumberland, and below by a dam to be erected across the Potomac about a mile above Cumberland. The water of the Potomac was to be carried over Wills creek twenty-one or two feet above ordinary water in the creek.
Such is the information furnished me by the president of the Ca- nal Company, and by which I have been governed in the location of the road. On the eastern side of Wills creek the grading is finished to the site of the bridge; on the western side I have directed no work to be executed that can have any bearing upon this point.
You perceive it has been my study to avoid conflicting with the interests of the Canal Company; but, from the want of knowing the exact location of their works, will occasion to them an increased ex- pense, as reported by Mr. Purcell, of 16,000 dollai's if the bridge is constructed at the point now chosen. If, then, the Company will cause the Canal to be located through the gap of Wills mountain, and Tivc mo bench marks from which to ascertain the cuttings and em-
THE OLD PIKE. 7'^
bankments they propose making, I will then locate the road on such ground as not to interfere in any manner with their operations, and such as shall be most advantageous for the public interest. I judge the communication of the department was written under the impres- sion that an interference with the works of the Canal Company was unavoidable, and that some compromise of advantages and disadvan- tages would necessarily have to be made. Such, however, I do not conceive to be the case.
I have located as high up the creek as would give room for a six horse team to turn off and on a bridge at right angles with the stream with facility. If the Canal Company make choice of this ground, I have but to make a bridge oblique ^vith the current, and thus avoid the work of the Canal Company. To ascertain this, it is essential that the Canal Company should make choice of the ground and locate their works ; after having so done, if they will favor me with plans and sections, with bench marks of reference of the part in the valley of the creek, the road shall be made not to interfere with their in- terest, which has always been looked upon by me as claiming prece- dence.
I have here pointed out a course for the consideration of the de- partment, differing materially from the one ordered by the letter of the 20th instant. First, in consideration of its not being acquainted with the nature of the case, and, next, with its requiring me to perform a service in no way necessary to a proper understanding of the interests of the Government connected with the road ; to do which, surveys, levels, calculations of excavation and embankment must be made, that the time of neither myself nor the officers associated with me could accomplish.
What I ask is, informatioi^from the Company as to their own works solely. It will suffice for all purposes connected with the loca- tion of the road.
Be pleased to address mc at New Castle, and on any matter re- lating to the section of the road near Cumberland requiring immediate attention, a copy of the communication forwarded to Lieutenant Pickell, at that place, would prevent any delay; Lieutenant P. being the officer to wh(mi I have assigned this particular section of the road.
Respectfully, your obedient servant,
EICH'D DELAFIELI). Brig. Gen. Charles Gratiot, Captain of Engineers.
Chief Engineer.
Washlnuton, J). C.. Mav 10. 1832.
Sir: Your letter to Mr. Ingle, the clerk of the Chesapeake and Ohio Canal Company, has been handed over to me, and I am author- ized, on the part of the president and directors, to express to you our thanks for the considerate regard you have paid to the location adopted by the Chesapeake and Ohio Canal Company, for the part of
74 THE OLD PIKE.
their work which will pass through Cumberland. The location adopted is that recommended by General Bernard, and the Board of Internal Improvement, over which he presided.
When the proposed change of the Cumberland Road immediatel}^ above the town was under consideration of the Committee on Eoads and Canals, I suggested the very precaution you now practice, which was to see that no conflict would arise in hereafter conducting the canal over its long established route, by a conflict with the location of the improved road, the value of which I know well how to appre- ciate. The hill above Cumberland, which it is proposed to avoid, was the worst between that place and Wheeling, if reference be had to the inclination of its surface. General Bernard proposed to feed the canal at Cumberland, and for some distance below it, as far, at least, as the mouth of the South branch, by means of a dam to be erected at a ledge of rocks crossing the Potomac about a mile above Cumber- land. The dam was to be elevated so high as to conduct the canal over Wills creek at Cumberland, with an elevation of twenty -one or twenty-two feet above ordinary water in the creek. This was to be effected hy an aqueduct across the creek. I presume at this season of the year the ledge of rocks is visible above Cumberland. 'Enclosed I send you extracts from General Bernard's report, which accompanied the President's message to Congress of December 9, 1826, and is now a congressional record. From that 3^ou may perhaps infer all that is -essential to your purpose of avoiding a collision with the rights of the Chesapeake and Ohio Canal Company, who have adopted for the location of the canal General Bernard's report.
C. F. MERCER, President of the Chesapeake and Ohio Canal Company.
EXTRACTED— PAGE 55, DOC. No. 10, 19th C0XGRES8, 2d SfilSSION.—
EXECUTIVE PAPERS.
•The difficulties of this passage (down Wills creek) are great, and continue for more than a mile. The ground then becomes favor- able (L e., in descending Wills creek from the west), permitting the canal to pass at the outskirts of Cumberland, to join with the eastern section. Adjoining Cumberland, the canal will receive a feeder from the Potomac for a supply below, and more especially to complete what is necessary in relation to the first subdivision of the eastern section.
*' This feeder is proposed to be made navigable, in order to ac- commodate the trade of the Potomac above Cumberland. Its length is one mile, its width at the water line thirty feet, its depth four feet. At its point of departure from the Potomac, a basin is formed in the bed of the river, by means of a dam erected at the fii'st ledge above Cumberland.
THE OLD PIKE. 75
'* This basin, comprehending an extent of about eight miles, will afford a constant supply of water, and also accommodate the canal trade of the Potomac. The levees around the basin, the dam, the guard lock of the feeder, and its aqueduct over Wills creek, are in- cluded in the estimate of this subdivision.
" In the table of quantities and cost, this feeder is made to cost a very large sum (two or three words illegible in the MS.) if the dam above Cumberland is supposed to be ever changed from the above location. The aqueduct over Wills creek is computed to cost $41,601 ; the length of the aqueduct, seventy yards; the number of arches, three ; the span of the arch, thirty feet ; the height of the piers, sixteen feet."
The above is a true copy. C. F. MERCER.
May 10, 1833.
Engineer Department,
Washington, August 10, 1833.
Sir: The Secretary of War has just returned to this place, hav- ing passed over the Cumberland Road east of the Ohio. He feels great interest in this road, and is anxious that the operations on it shall be so directed as to obtain the best possible results. His confi- dence in your ability induced him to select you as its superintendent, knowing that under your management his wishes would be realized ; and deeming it a work of much greater importance than that with which you are occupied on the Delaware, he has expressed a wish that by far the greater portion of your time should be passed upon the road. You will, therefore, repair to Cumberland without loss of time, ascertain the exact location of the Chesapeake and Ohio canal along the valley of Wills creek, and so adjust that of the road as shall remove the present difficulties, and avoid any interference with the interests of the Canal Company. This being done, you will com- municate to the department the result.
Very respectfully, &c.,
WM. H. C. BARTLETT, Capt. R. Delafield, Lt. and Ass't to Ch. Eng r.
Corps of Engineers, New Castle, Del.
Engineer Department,
Washington, September 12, 1833.
Sir: Your letter ol the 9th instant, enclosing a plan and sections of part of Wills' creek, exhibiting the location of the National Road •as now constructed;" the ground selected by the engineer of the Chesapeake and Ohio Canal Company for its canal, and the new loca- tion of the National Eoad, in consequence of the Canal Company hav- ing made choice of the route upon which the road was constructed.,
r»i»
70 THE OLD PIKE.
h^s been received. <% The plan has been submitted, with the approval of this department, to the Secretary of War, and by him adopted ; and the construction of the road on the new location will, therefore, be proceeded with. I am, sir, &c.,
r. GRATIOT, Capt. R. Delafield, Brig. General.
Corps of Engineei'H, Cumberland, Md.
CrXIBERLAND RoAD. AT StODDARD's, Md..
September 17, 1833.
Sir : I enclose herewith phin and sections of part of the Cumber- land Road between Cumberland and Frostburg, where an alteration has just been made in the location, by which a very steep hill is avoided, and the distance decreased.
By the new route there is a slope of 18y^ feet in a distance of 1,600 ; by the old road the slope was 53.9' in 700 feet on one side ol the hill, and 35.7' in 900 feet on the other side.
This is now undergoing construction. The foundation of the center pier of t-he bridge over Wills creek is liaised above water.
Respectfully, your obedient servant,
RICH D DELAFIELD. Brig. Gen. Charles Gratiot. Ca])tain of Engineers.
Chief Eni^ineer.
En(jineer Departme.nt.
Washington, September 25, 1833.
Sir: Your letter of the 17th inst., enclosing a plan and sections of part of the Cumberland Road between Cumberland and Frost- iMirg, where you had made an alteration in the location, thereby avoiding a steep hill, and decreasing the distance, was duly received; and J have to inform you that the alteration referred to has been approved. I am, &c.,
C. GRATIOT, Capt. R. Delafield. Brig. General.
Corj)s of Engineers, Cumberland, Md.
CHAPTER XL
On with tJie work — Wooden Bridges proposed for the new location up Wills Creek ami Braddock's Run — Tlte War Department holds that Wooden Snperstrur- tures ivmdd be a Stibstantiul Compliance- with the Maryland law — New in- structions issned from Wheelimj — The ohl bed to be retained — Two claim's if work — Frauds by Contractors — Form for Contracts fonrarded fivm Browns- ville — Beport and Estimate calkd for by tlie Senate — The lav) of Congress renders a change of plan necessary — The Secretary of War greatly interested in the Road — Cumberland to Frostbnrg.
Engineer Department,
Washington, June 25, 1834.
Sir: In addition to the views of the department, communicated to you this morning, I now have to request that you will proceed to ap- ply the funds available for the Cumberland Eoad east of the Ohio, with the utmost despatch consistent with the public interest. It is greatly to be desired that the repaii*s of this road may be completed before the termination of the coming fall.
I am, &c., C. GRATIOT,
Capt. E. Delafield, Brigadier General.
Corps of Engineers', Xew Castle, Del.
Cumberland, Md., July 23, 1834.
*SV/-.' I beg leave to call your attention to the act of the Legisla- ture of Maryland, giving its consent to change the location of the Na- tional Road near this place, to turn Wills mountain by the route of Wills creek and Braddock's run, in which it is provided that certain bridges shall be constructed of stone, and to compare this act with that of the last session of Congress, and inform me whether or not I will be justified in constructing the bridges with stone abutments and wing- walls, and wooden superstructures. There is a necessity growing out of the cost, the law requiring the road to be finished with $300,000.
From the most advantageous offers received, the bridge over Wills creek will not cost less than $15,000, constructed of stone, and if built of wood, planed, and painted with three coats of white lead.
(77)
78 THE OLD IMKK.
roofed with shingles, will cost not to exceed $7,000. There are two other bridges on the same new route to be constructed, the ratio of expense of which will not materially vary. ♦ ♦ *
Respectful! \', 3'our obedient servant,
RICH'D DELAFIELD, Brig. Gen. Charles Gratiot, Captain of Engineers.
Chief Engineer.
Ci'MBERLANi), July 24, 1834.
Sir: I have just finished comparing the numerous offei*s for work to be done on the 16 miles of road immediately west of this place. There is great competition among very excellent and responsible men of the country, as well as from the railroad and canal below us.
The offers for the bridge render its construction with stone next to impracticable, under the law, to finish the road with $300,000. They are as follows : $22,000, $21,930, $23,323, $22,680, $24,000.
To construct the abutments I have offers at $3.80 cents per perch ; that would, with the superstructure of wood, make the whole cost not to exceed $6,500 to $7,000. We cannot with propriety expend so large a sum for a stone bridge, with such limited means. I strongly recommend a wooden superstructure if compatible with existing laws under which we act. and beg to be advised as requested in my lettoi* of vesterdav.
Res])ectfully, your obedient servant,
RTCH'D DELAFIKLU. Brig. Gen. C'liarles Gratiot, Captain of Engineers.
Chief Engineer.
Hnoinkek Dkpartment.
Washinuton. Julv 29, 1834.
Sir: It has just been determined by the War Department that the substitution of wood for stone, in the superstructures of the bridges on the new piece of road around Wills. hill would be deemed by the State of Maryland a substantial compliance with the require- ments of her law giving assent to the change from the old to the present location of that part of the road. You will, therefore, build the abutments of those bridges in a good and durable manner, of the best stone to be had in your immediate neighborhood, and make the superstrtu'ture of wood. These last, when completed, must be well covered, and painted in the best manner. This is communicated in answer to your two letters of the 23(1 and 24th instant, on the sub- ject, which arc at hand. I am, &c.,
C. GRATIOT. Capt. R. Delafield,
Corps of Engineei*s, Cumberland. M<1.
THE OLD PIKE. 79
COPY OF INSTRUCTIONS SENT BY THE SUPERINTENDENT OF THE CUMBERLAND ROAD, EAST OF THE OHIO, TO EACH OF HIS ASSISTANTS ON THE LINE OF THE ROAD.
Wheeling, May 29, 1834.
Sir: In conducting the operations for repairing the section of the road under your supervision, during the present season, two very important alterations will be made in the system of last year.
The fii*8t is to retain, in all cases, the old bed or pavement, break- ing down with sledges the prominent or projecting pieces into the ruts and holes, and smoothing the grade with quarry chips, or stone broken on the face of the road with sledge-hammers, slightly covering the bed so prepared with the earth from the ditches, observing to put no more earth than is barely sufficient to prevent the metal coming in contact with the large stone of the bed.
Where there is no stone in the old bed, restore the grade with the best and hardest material to be found in the vicinity, making it a point to have stone to fill the large holes. This formation of the bed for the metal on top of the old bed will enable large and sufficient ditches to be formed for carrying off the water. The most particular attention must bo given to these ditches, as upon them depends the preservation of the road.
All the earth taken from the ditches, side roads, and slopes, not required to make good the grade and side roads, must be thrown down the hill side, and on no account whatever upon the slope of a side hill cutting, from whence it soon washes back into the ditches. The minimum size of the ditches should not be less than three feet wide on top, one foot deep, and one foot wide in the bottom ; the whole depth to be below the bed of the road. Rock and peculiar side slopes can alone prevent this being practiced.
The side slopes must be cut to a slope of 45, with berms, as a minimum ; and as low as 60 wherever it is practicable.
Wherever earth is required for a filling to make good the side roads, require that it be taken from some near side slope or other point that will improve such part of the road. The minimum side road is to be five feet ; wherever the natural ground will permit, cause it to be increased to admit of summer roads, placing the ditches out- side of such increased side road.
The second alteration is, to have the Avhole work done bv con- tract, instead of job work and day labor, as was practiced last year.
To effect this, the greatest precaution is necessary to specify what work has to be done on each chain of four rods of the road, the particular grade for such portion, the depth and size of the ditches, the side roads and slopes, and from whence the required earth is to be taken to restore the grade, and where the surplus earth is to be taken from the ditches, drains, side slopes, &c.
In the delivery of stone for the metal, the contract must provide
80 THE OLD PIKE.
that the stone be delivered and broken on the side roads in rectangu- lar piles or strings of such dimensions as you require on the several parts of the road, and the measurement made of the cubic contents of the stone thus prepared ; from which measurement you will ascer- tain the number of perches, by previously having a mass, containing five perches of stone, as it comes from the quarry, as compactly piled as can be without the use of a hammer, taking large and small indis- criminately. Have this mass broken to the size of four ounces ; ascertain the cubic contents of the bulk it shall produce, the fifth part of which you will take as a perch, and the unit of measurement for paying for the number of perches to be delivered.
The metal is to be thrown on the road at such favorable periods as you shall designate, after it has been measured, and not until the contractor has prepared the required quantity for half a mile at a time.
You will require the contractor to commence the grade at one end of the piece he is to repair, and continue regularly through, not ])ermitting him to seek the parts requiring least work to execute first ; and when delivering stone, to commence the delivery at a point giving a mean distance for hauling from the quarr}* ; a mean nite of payment is then equitable, otherwise it would not be.
The work on your section may be divided into two distinct classes : the one, where nothing has as yet been done ; and the other, the part graded and stone prepared for the metal during the past season.
On the first class, 3'ou will make contracts to gi*ade, deliver, and put on three perches of limestone where the old bed remains firm, and four perches where the old bed has disappeared, requiring the grade to be finished by the 15th of October; and if the metal is all prepared by that date, to be put on by the 1st of November, the contractor continuing to rake the road, change the travel, and preserve the whole work in order, until the succeeding 1st of April. Should the contractor, however, not be able to prepare the metal to put it on the I'oad by the 1st of November, then he is to preserve the gmde of the road in order until the first favorable state of the weather after the 15th of March ensuing, when he is to put on the metal, raking and smoothing the surface for twenty days after the whole metal shall have been put on the road.
You will observe that the contract is to call for preserving the road in either case during the winter ; in one case, by adding metal, raking, &c., and in the other, by breaking with a sledge stone to fill the ruts, covering such stone in the spring lightly before putting on the metal.
The second class of work is the unfinished part of last year's operations, upon which there will be time to put three and a half additional perches per rod on such parts as were covered last year, and four perches per rod on such as had none, requiring that it be put on by the 1st of November, and be preserved, raked, &c., until
THE OLD PIKE. 81
the succeeding let of April, during the winter filling ruts made by travel with additional metal, to be prepared and ready at convenient points on the road.
For the culverts you will make a contract with one person for all that may be necessary on half your section, and with a second person for the other half, the work to be paid by the perch of twenty-five cubic feet, measured by the plan and dimensions you shall designate for each locality, and according to which plan the work must be constructed. For this work you will require the stone to be of good proportions, with parallel beds and faces, and not smaller than two cubic feet in each piece, in no case ever permitting a stone to be placed "â– on edge," a very common practice, destructive of good masonry. The covering stone to bo of such additional dimensions as you shall judge necessary for each locality. The bot- toms of the culverts to l)e paved or flagged with stone, and such an apron constructed at each end as to guard against the ends being undermined by the passage of the water.
The repairs of the masonry of the bridges and walls on Wheeling Hill it is very desirable to effect by contract, if practicable. On Wheeling Hill the object may be effected by requiring the masonry to conform with tl\at already executed, particularly in regard to the size and quality of the stone, paying for it by the perch measure<l in the wall when finished, reserving the one-fifth of the value from monthly payments as security for the faithful execution of the whole work. The repairs of the bridge may be executed in like manner, sy^ecifying the masonry of the bridge now building over Wheeling Creek as the standard, excepting stones placed on edge.
It is desirable to postpone the repair of all masonry to the latest date, excepting only such parts as are necessary to perfect the grade ; you will make your contracts accordingly. The masonry of the cul- verts and some of the bridges must be finished in time, including the filling to make good the roadway, to permit the contractor for grad- ing to comply with his agreement. The usual one-fiflLh of the value of work done being retained until the expiration of the time for com- pleting the whole work, when this siini is tc^ be applied either to carry into effect the remaining provisions of the agreement, as stipulated to be executed, or paid to the contractor, if the work has been faithfully executed according to the tenor of the agreement.
You will make all your payments by checks drawn on the bank thi'ough which I shall make your remittances, taking duplicate re- ceipts for moneys thus paid, attached to a bill giving the quantity rate, cost, and date of the receipt of the article clearly and distinctly expressed.
Your check book must be added up, and the balance in bank as- certained every Saturday evening, which.balance must be reported in the weekly reports to be forwarded to me, as required last season.
The balance of your account, as appears by your ledger account with me, must also form an item in the weekly report. The assistant
82 THE OLD PIKE.
engineer will make an inspection of these books, and report to me, whenever he comes on your section of the road.
The receipted vouchers you will forward to the office at Browns- ville, of all payments made during the week at the end of such week, reserving the duplicate until called for by myself or the assistant engineer.
So soon as you are apprised by me of funds being available you will immediately advertise by hand bills, and through the public prints, that contracts will be made for repairing the section of road under your supervision, and that proposals for executing the work will be received for twenty days from the date of your advertisement, for repairing each mile of the road according to stipulations and ])articular information, to be had on enquiring of you on or after such date as you are enabled to collect it. Let the advertisements express that the repaii*s consist principally in grading the road over the old bed, cleaning out the ditches and drains, restoring the side roads to their width of tive feet and covering the road thus prepared with limestone broken to four ounce pieces, in such quantities as shall be specified for each rod, varying from two to four perches per rod, and keeping the whole in order until the first of April next, by which date the contracts are to be completed.
To ascertain the work to be done on the different mile sections, and on the particular parts of each mile, you will, the instant funds are available, make a measurement of the road, noting the work to be done on each chain (as specified in the previous parts of this communication) in the most minute detail.
This statement, reduced as much as practicible to a tabular form, you will cause to be printed, as the information to be given to persons upon which to make their proposals, and it will be embodied in or at- tached to the articles of agi-eenient as a specification of the work to be done.
As you will find it convenient to have the prepared metal piled in uniform masses, admitting of the application of a gauge to ascer- tain whether or not the required quantity is in the pile, you will cause such gauges to be made with slopes of 45 degrees and in no in- stance permit a measurement of stone to be made without having ])reviously verified the dimensions of the gauge. The necessity for this you will perceive by reflecting that the end of the gauge may be cut off and the ans-les altered to make a material difference in the quantity, without being perceptible to the eye.
The following are some of the frauds heretofore practiced, and now enumerated that you may look cautiously to their not being practiced upon your section of the road :
1st. Diminishing the size and altering the angle of the gauge.
2d. Loosening the pil© of metal just before the measurement, to increase its bulk.
3d. Concealing or covering up in the piles of metal large masses of stone or other matter.
THE OLD PIKE. 83
4th. Breaking stone of a softer or otherwise inferior quality than the sample agreed upon.
5th. Breaking the metal to a larger size than that agreed upon.
6ih. Eemoving the prepared metal from one point to another after it has been measured.
7th. Taking metal from the face of the road, of the fii^st or second stratum, to make it appear the desired quantity has been broken to fill the gauge.
8th. On parts of the road where limestone has already been de- livered, wagoners, with a partial load, passing from the quarries to the point of delivery, have been detected in stealing a piece from several piles, thus making a full load from what has already been paid for.
Very many other frauds have been detected upon receiving and jMiying for stone perches before breaking. No corrective offers foi* the many that may be practiced under this system. It is, therefore, in no case, to be adopted. Always measuring the stone after it is broken, and reserving one-fifth of its value until the whole agreement ha8 been fully and faithfully complied with, are the best securities against fraudulent ))i'actices.
Immediately after concluding the contracts on your section for the season, you will forward me a statement of the funds required to carry them into effect, and the times such funds will probabh' bc» re- quired. Respectfully, your obedient servant,
RICH'D DELAPIELI),
Captain of Engineers.
Philadelphia, December 28, 1834.
Sir: The enclosed letter of the 29th May was prepared as the instructions for Lieutenant Vance, conducting the operations on the seventh division of the rcmd, and a copy thereof was forwarded to the officer of each division, with directions to conform thereto on their respective sections, suiting the phraseology to their divisions.
On the 27th June, on being made acquainted with the particulars of the act of Congress making the appropriation for the year's ser- vice, the following instructions were communicated to the officers of the several divisions, slightly changed to suit each particular division:
'^Sir: Funds having been made available for continuing the re- pairs of the Cumberland Eoad, east of the Ohio, you will cause the preparatory measures to be taken immediately, and notice given as required by my letter of the 29th of May, a copy of which has been forwarded to you from Brownsville.
'• The act of Congress grants a specific sum for finishing the re- pairs of the road ; you will, therefore, in your arrangements, provide for the stone bridges on the new road, and three and a half perches of stone to the rod on the surface of the road as metal ; the latter to be furnished by the 31st of December, and kept raked and additional metal put on until the 15th day of February ensuing; the masonry
84 THE OLD PIKE.
of the bridges to be finished by the 15th of October, with proposals of the terms for finishing the same work b}'' the 30th day of June, 1835.
"The form of a contract has also been forwarded to vou from Brownsville, which, with the letter of instructions accompanying it, connected with the tenor of this communication, you will make your guide in the management of the section of road confided to your supervision.
"You will observe the form of the contract provides for work that may not occur in your division. You will, in preparing the form to be printed, bo cautious to suit the same to your particular division, as to distance, &c., &c. Mile sections are desirable for sub- dividing the road, and as the portion to be given under contract to an individual : on your division other subdivisions will be found more convenient, and your attention must, in consecjuence, be given to make the phraseology of the instrument conform with the facts of the case.
" Hereafter, you will commence and continue your weekly re- ])orts to me. Apprise me of the date you limit the reception of pro- ])Osals. that I may be with you at the time.
"KICirD DELAFIELD, Captain of Engineei-s."
The instructions to the officer of the third division required him to ])rovide for the work to be done on his division not exceeding three and a half perches of stone to a rod on the surface of the road as metal, reducing the quantity to two or one perch, as might be requisite to keep the whole in repair until finally completed.
For a copy of the form of contract forwarded to the officei*s of the seveml divisions, see the contracts on file in your office, for the fourth division of the road.
I enclose the statement called for by the letter of your depart- ment of the 9th instant.
Eespectfully, your oBedient servant.
Brig. Gen. Charles G-ratiot, /-. i • ^ t:^ •
^1 . x»t:^ • Captain of Engineei's.
Chief Engineer. ' ^
KKPORT AND ESTIMATE FOR THE CUMBEULAND ROAD EAST OF THE OHIO, UNDER A RESOLUTION OF THE SENATE OF THE UNITED STATES, CALLING FOR THE CONDITION OF THE MA- SONRY, THE THICKNESS OF METAL ON VARIOUS PARTS, &c., &c., DECEMBER, 1834.
The plan of repair adopted and continued for this road to July, 1834, was that of Macadam, with nine inches of metal in three strata.
The provisions of the act of Congress of the last session made a change in the plan of operation necessary. The sum of $300,000 was appropriated to finish the repaii*s of the road from Cumberland to Wheeling, a distance of one hundred and thirty-two miles, of which fifty -four miles had not been commenced.
THE OLD PIKE. 85
To conform with the provisions of the hiw, it became necessary to confine the expenditure of this sum to the most indispensable parts of the system, and adopt a less expensive and less permanent repair ; abandoning the plan of finishing the mountain division with limestone thi"oughout, and to a width of twenty feet ; confining the metal on the more expensive parts of these divisions to a width of from twelve to fifteen feet, instead of twenty ; abandoning further repairs to the masonry of the pai*apets of the bridges ; depositing the stone that had been prepared for this purpose on the side roads, and leaving the side walls on Wheeling Hill in their unfinished state ; limiting the stratum of metal to be put on this season to three perches and a half, on an average, per rod, on the whole line of the road; transporting the stone that had previously been collected for an additional thickness of metal to parts that had not been supplied with any ; substituting wooden bridges for stone over Wills creek and Braddock's run, and abandoning altogether the construction of any bridge over Dun lap's creek. The repairs thus modified are fast drawing to a close, when the road will present parts covered with thicknesses of metal varying from three to nine inches, as follows :
First division, in Maryland, sixteen miles, one hundred and sixty nnls, including new location, is covered with three inches of metal.
Second division, in Maryland, sixteen miles, one hundred and ninety-four rods, is covered with six inches of metal.
Third division, in Pennsylvania, two hundred rods, is covered with four inches and a half of metal.
Third division, in Pennsylvania, twenty-five miles, one hundred rods, to a width of from twelve to fifteen feet, is covered with nine inches of metal.
Fourth division, in Pennsylvania, one mile, seven rods, is cov- ered with three inches of metal.
Fourth division, in Pennsylvania, fourteen miles, one hundred and twenty-three rods, to a width of from twelve to fifteen feet, is covered with six inches of metal.
Fifth division, in Pennsylvania, eighteen miles, nine rods, is covered with three inches of metal.
Sixth division, in Pennsylvania, twenty-one miles, two hundred and seventy-three rods, is covered with three inches of metal.
Seventh division, in Virginia, five miles, is covered with three inches of metal.
Seventh division, in Virginia, nine miles, two hundred and six- teen rods, is covered with six inches of metal.
The number of inches of metal put on that part which has been located anew, the first six miles of the first division, being three inches, and the number of inches of metal put upon that part of the road which lies between the Monongahela and the Ohio, the fifth, sixth, and seventh divisions, being three inches of metal on forty-four miles and two hundred and eighty-two rods, and six inches