The Old Pike. Thomas B. Searight
It has been universally conceded on all hands in this debate, that the consent of the States could not confer any jurisdiction or powers on this government beyond what it had derived from the Constitution. This was too clear a proposition to admit of doubt. Yet the names of Jefferson, 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 opinions were thus reduced to practice, which was the best evidence in the world—“By their fruits shall ye know them.”
CHAPTER VIII.
State Authority prevails—The Road surrendered by Congress—The erection of Toll Gates authorized—Commissioners appointed by the States to receive the Road—They wrangle over its bad condition, and demand that it be put in thorough repair by Congress, before the States will accept it—Old and familiar names of the Commissioners—The Road accepted by the States.
At the session of the year 1831, the Pennsylvania Legislature passed a bill, which was approved April 4th, of that year, by George Wolf, governor, the preamble to, and the first, and part of the second, and all of the tenth sections of which read as follows:
“Whereas, that part of the Cumberland Road lying within the State of Pennsylvania is in many parts in bad condition for want of repairs, and as doubts have been entertained whether the United States have authority to erect toll gates on said road, and collect toll; and as a large proportion of the people of this commonwealth are interested in said road, and its constant continuance and preservation; therefore,
Section 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania, in general assembly met, and it is hereby enacted by authority of the same; That as soon as the consent of the government of the United States shall have been obtained, as hereinafter provided, William F. Coplan, David Downer, of Fayette county, Stephen Hill, Benjamin Anderson, of Washington county, and Thomas Endsley, of Smithfield, Somerset county, shall be, and they are hereby appointed commissioners, a majority of whom shall be sufficient to transact business, who shall hold their offices for three years after the passage of this act, after which the right of appointing said commissioners shall vest in the governor of this commonwealth, to build toll houses, and erect toll gates at suitable distances on so much of the Cumberland Road as lies within the State of Pennsylvania; Provided, that if any one or more of the commissioners should die, resign, or refuse to serve, the Governor shall appoint one or more other commissioners to fill the vacancies so happening; And provided, also, that nothing herein contained shall be construed to prevent the Governor from re-appointing the commissioners named in this act, if he thinks proper.
Sec. 2. That for the purpose of keeping so much of the said road in repair as lies within the State of Pennsylvania, and paying the expense of collection and other incidental expenses, the commissioners shall cause to be erected on so much of the road as passes within this State at least six gates, and that as soon as said gates and toll-houses shall be erected, it shall be the duty of the toll collectors, and they are hereby required to demand and receive for passing the said gates, the tolls hereafter mentioned; and they may stop any person riding, leading or driving any horses, cattle, sulky, chair, phæton, cart, chaise, wagon, sleigh, sled or other carriage of burden or pleasure from passing through the said gates, until they shall respectively have paid for passing the same, that is to say: (Here follow the rates).
Sec. 10. That this act shall not have any force or effect, until the Congress of the United States shall assent to the same, and until so much of the said road as passes through the State of Pennsylvania, be first put in a good state of repair, and an appropriation made by Congress for erecting toll-houses and toll-gates thereon, to be expended under the authority of the commissioners appointed by this act: Provided, The legislature of this State may at any future session thereof, change, alter or amend this act, provided that the same shall not be so altered or amended, as to reduce or increase the rates of toll hereby established, below or above a sum necessary to defray the expenses incident to the preservation and repair of said road, for the payment of the fees or salaries of the commissioners, the collectors of tolls, and other agents. And provided further, That no change, alteration, or amendment, shall ever be adopted, that will in any wise defeat or affect, the true intent and meaning of this act.”
Ohio was a little in advance of Pennsylvania in accepting the road, and less exacting in her terms. The legislature of that State, on the 4th of February, 1831, passed an act authorizing the acceptance, without requiring that the road should be put in repair as a condition precedent. On the 23d of January, 1832, Maryland, by an act of her legislature, agreed to accept the road upon the same condition required by Pennsylvania, and on the 7th of February, 1832, Virginia accepted in an act similar to that of Ohio. On the 3d of July, 1832, Congress declared its assent to the above mentioned laws of Pennsylvania and Maryland in these words: “To which acts the assent of the United States is hereby given, to remain in force during the pleasure of Congress,” and on the 2d of March, 1833, assented to the act of Virginia with a similar limitation.
TOLL HOUSE.
January 19, 1835.
REFERRED TO THE COMMITTEE OF THE WHOLE HOUSE, TO WHICH IS COMMITTED BILL No. 221.
To the Senate and House of Representatives of the United States in Congress assembled:
The undersigned beg leave to represent that they have been appointed commissioners, under the act of the Legislature of Pennsylvania, to accept from the general government so much of the Cumberland Road as lies within the limits of that State, and erect toll gates as soon as it is put in such a state of repair as is required by the provisions of that act. That they have every disposition to relieve the government from the burden of the road, so soon as they can feel themselves justified, under the law, in doing so; but they beg leave to respectfully represent that the road has not yet been put in that condition that would enable them to accept of it.
On some parts no more than six inches, and west of the Monongahela river, three inches only of metal have been put upon it, and it is apparent that this will be totally insufficient to preserve it under the heavy travel upon that road. Besides, the bridges throughout the whole road remain untouched. Under these circumstances, it is impossible for us, in the discharge of our duty, to accept of it; and we would most earnestly but respectfully urge upon Congress the propriety of making such an appropriation as will complete the repairs in a substantial manner, as required by the act of our own legislature. We will not undertake to prescribe the amount which may be necessary; but, to satisfy your honorable bodies that we are disposed to go as far as the faithful discharge of our duty will permit, we hereby pledge ourselves, so soon as Congress shall make an appropriation of so much money as may be estimated by the department as necessary for that purpose, to accept of the road, and have toll gates erected without delay. We, therefore, beg leave most respectfully to submit to the wisdom of your honorable bodies to determine whether it will be better to make the necessary appropriation to justify us in accepting the road, and relieving the government from all future charge, or to keep it in its present state, subject to annual appropriations for its preservation, as heretofore.
THO. ENDSLEY.
STEPHEN HILL.
DAVID DOWNER.
WILLIAM F. COPLAN.
BENJAMIN ANDERSON.
January 7, 1835.
To the Honorable the Senate and House of Representatives of the United States in Congress assembled:
The undersigned beg leave to represent that they have been appointed commissioners, under the act of Assembly of the State of Maryland, to report to the Governor and Council