July 28, 1834.
c.u.mBERLAND, August 5, 1834.
_Sir_: I was this day informed that the bridge across Wills creek, on the new location of the c.u.mberland road up Braddock"s run, is to be built of wood. By the act of the Legislature of Maryland, authorizing the President to change the location of the road, it is enacted that the road may be located up Wills creek through the narrows, provided the bridges were all built of stone. I am decidedly of the opinion that, by the provisions of that law, the President had no right to change the location of the road unless he strictly complied with every provision and requisition of said law. You will, on examination of the act of Maryland, pa.s.sed at December session, 1832, chapter 55, see that the bridges are to be all built of stone. I sincerely hope you will, on examining the law, and reflecting on the subject, direct the bridges to be built in strict compliance with the law authorizing the change in location; it would, in all probability, save money and time.
I am sure the State will not receive the road without the stone bridges.
I shall be gratified to hear from you on this subject by return mail.
Your most obedient, JOHN HOYE.
General C. Gratiot.
ENGINEER DEPARTMENT, WASHINGTON, August 14, 1834.
_Sir_: Your communication in behalf of the citizens of c.u.mberland, remonstrating against the erection of bridges of wooden superstructures over Wills creek, &c., addressed to me under date of 6th instant, is received. The measure to which the citizens of c.u.mberland object, grows, of necessity, out of existing circ.u.mstances; and the bridges will have to be built in the manner and of the materials named in the instruction of the department to the superintendent of the road, or the new location to turn Wills hill must be abandoned. The people of c.u.mberland are doubtless aware that estimates were submitted to Congress last fall for funds sufficient to put up the structures in conformity with the law of Maryland, to which you refer; and it is hoped that they are also aware that these funds were reduced more than one-half in amount, and that the act appropriating the residue imposes the task of completing all the repairs on the whole road east of the Ohio, with the sum rendered available by it. You will perceive, sir, that there was no other course left to the department than to change the plan and system of repairs.
The bridges which it is proposed to construct will, with care, last at least forty years.
Very respectfully, &c., C. GRATIOT, Brig. Gen. and Chief Engineer.
B. S. Pigman, Esq., c.u.mberland, Md.
EXECUTIVE DEPARTMENT, ANNAPOLIS, September 10, 1834.
_Sir_: By an act of the General a.s.sembly, pa.s.sed at December session, 1832, (of which, at your request, an authenticated copy was transmitted to you on the 29th day of March, 1833), the consent of this State was given to a change of the location of a part of the c.u.mberland or National Road within our limits, upon certain conditions; among which, "that a good and substantial stone bridge shall be made over the mill-race in the town of c.u.mberland, and over Wills creek at the place of crossing, and that substantial stone bridges or culverts shall be made wherever the same may respectively be necessary along the line of said road."
By the same act, John Hoye and Meshach Frost, Esqrs., and the superintendent for the time being of the said road, appointed by the President of the United States, were appointed commissioners "to report the said National Road, when finished and repaired within the limits of this State, to the Governor and Council."
A communication has been received from John Hoye, Esq., in which he states that "the War Department has now directed and contracted to have all the bridges on said new location built of wood."
I beg leave to call your attention to this subject, in the fullest confidence that there has been some mistake or misapprehension on the part of some of the agents or persons employed upon the work in question, and that you will cause the terms and conditions upon which the consent of the State was given to the proposed improvements to be respected and carried into effect.
With great respect, I have the honor to be, Your obedient servant, JAMES THOMAS.
Hon. Lewis Ca.s.s, Secretary of War.
WAR DEPARTMENT, WASHINGTON, September 12, 1834.
_Sir_: I have had the honor to receive your letter of the 10th instant, respecting the construction of the bridge on the National Road near c.u.mberland, and for your information I beg leave to enclose the accompanying report from the Engineer Department, which explains the course which has been taken, and the necessity of it. I trust that you will find that the act of the State of Maryland has been substantially complied with, and certainly so far as the means within this department permitted.
Very respectfully, &c.
LEW. Ca.s.s.
His Excellency James Thomas, Governor of Maryland, Annapolis.
ENGINEER DEPARTMENT, WASHINGTON, September 12, 1834.
_Sir_: In answer to your inquiries of this morning respecting certain bridges on the c.u.mberland Road, in the State of Maryland, I have the honor to submit the following statement:
In applying the money appropriated by Congress at the session of 1831 and "32, for the repairs of the c.u.mberland Road east of the Ohio river, it was deemed highly important to change the location of that part of the road immediately west of c.u.mberland to turn Wills mountain, as, by that means, a rise of several hundred feet, within a few miles, would be avoided. A survey was accordingly made, and submitted to Congress, and the change was approved. The State of Maryland a.s.sented, provided the part of the road embraced in the change should be "made of the best materials, upon the Macadam plan, and that a good and substantial stone bridge should be made on the mill-race, in the town of c.u.mberland, and over Wills creek at the place of crossing, and that substantial stone bridges and culverts should be made wherever the same may respectively be necessary along the line of said road."
Estimates were prepared last fall for the entire completion of the repairs of the road from c.u.mberland to the Ohio. These estimates, which contemplated the construction and erection of bridges, in strict conformity with the law of Maryland giving her consent to the change of location, were submitted to Congress at the commencement of its recent session, and amounted to six hundred and fifty-two thousand one hundred dollars. Full and ample explanations accompanied these estimates, so there could have been no misunderstanding respecting them. A bill of appropriation was introduced, embracing their entire amount. This amount, after much discussion, was reduced to less than one-half, to-wit: $300,000, and the bill became a law, containing a section which requires that as soon as the sum of $300,000, or as much thereof as is necessary, shall be expended on the road agreeably to the provisions of this act, the same shall be surrendered to the States, respectively, through which the road pa.s.ses; "and the United States shall not thereafter be subject to any expense for repairing said road." Under these circ.u.mstances, it was plain that the system of repairs upon which the estimates were predicated could not be executed, and a change became necessary. The stone bridges referred to in the law of Maryland const.i.tuted a heavy item in the estimates, and it was entirely out of the question to build them without absorbing more of the appropriation than the absolute requirements of other sections of the road would admit. There being no obligation to finish the new location further than that imposed by the very great advantage resulting from its adoption, the question arose whether it would be best to abandon it, and return to the old road or not. After adopting every expedient, consistent with a faithful execution of the law, to diminish the expenses on other portions of the road, it was found that a sufficient sum would be left to construct this new portion of the best material, on the Macadam plan, and to build the abutments and piers of all the bridges on it of good stone, and in the best manner, provided the superstructures were made of wood. This was the best that could be done; and when it was considered that these superstructures, being made of the best materials, would, when covered and well painted, last, with a little care, from thirty to forty years, it was recommended to the acting Secretary of War, during your absence, to adopt them in preference to surrendering all the benefits that will result from the new road. The acting Secretary, considering that the approval of the measure would, under this state of things, be a substantial compliance with the law of Maryland, directed instructions to that effect to be issued to the superintendent of the road, which was accordingly done.
With great respect, &c., By order: WM. H. C. BARTLETT, Lieut. and a.s.sist. to Chief Engineer.
The Hon. Secretary of War.
c.u.mBERLAND, December 12, 1834.
_Sir_: As one of the commissioners appointed by the Legislature of Maryland to report to the Governor and Council of said State when that part of the National Road within the limits of this State shall have been repaired agreeably to the provisions of the law of the State agreeing to receive that part of the road lying within the limits of this State; and a further act of the Legislature of Maryland, authorizing the President of the United States to change the location of a part of said road within the limits of Maryland, the change of location was authorized to be made on certain and positive conditions that the bridges over Wills creek and Braddock"s run should all be permanent stone bridges; and the road to be constructed with the best materials, on the Macadam plan (see the law of Maryland, pa.s.sed December session, 1832, chapter 55). The plan of the bridges has been changed by the superintendent to wooden bridges, in direct violation of the engagements with this State. The President had no right to change the location of the road, unless the law of this State authorizing the change was fully complied with.
The "metal" on the new location is not more than three and a half inches, and every wagon that pa.s.ses over it, when the road is wet, cuts entirely through the stone, and turns up the clay. I am advised that there is a part of the road, fourteen miles west of c.u.mberland, which has had but three and a half inches of metal put on it over the original pavement. I am gratified to have it in my power to state that, from observation, and the best information I have been able to collect, the last appropriation for the road has been most judiciously expended. I believe that it is the first that has been well laid out.
I must say that we cannot report in favor of this State receiving the road until the permanent stone bridges are erected, and the road in that state of repair contemplated by the law.
I beg leave to refer you to my letter to General C. Gratiot, dated in August last, which, with my communication to his excellency James Thomas, Governor of Maryland, a copy of which, I presume, he communicated to your department during the last summer, you will please to consider a part of this communication. I should have addressed you at an earlier period, but was prevented by severe indisposition.
I remain, with respect, your most obedient, JOHN HOYE.
Hon. Lewis Ca.s.s, Secretary of War, Washington City.
NOVEMBER 17, 1834.
_Sir_: The undersigned commissioners, appointed by the Governor of Pennsylvania to erect gates and superintend the collection of tolls on the c.u.mberland Road "after it shall be put in a good state of repair by the United States," respectfully represent:
That, from a full and careful examination of the subject, they are satisfied that they are not authorized, by the terms of the law under which they are appointed, to accept the road from the United States, or erect gates for the collection of tolls, until provision is made by Congress for completing the repairs on the plan already adopted by the agents of the United States, and sanctioned by several appropriations to carry it into effect. Without this it is evident that a considerable portion of the road, which has received but a single stratum of stone, will be left in a condition so weak and imperfect as soon to become again totally impa.s.sable for a considerable portion of the year.
The law of Pennsylvania expressly requires that, before the road is accepted by the Commissioners, it must be put in good and complete repair by the United States. To this act and all its provisions, Congress, on the 3d of July, 1832, gave its a.s.sent; an appropriation was made, and a plan of repair was accordingly adopted by the agents of the government, and two subsequent appropriations made by Congress to carry this plan and compact into effect. The complete repair of the road is made by the compact a condition precedent to be performed by the United States. It is not performed, as appears by the report of the agents of the United States, and, until it is, the Commissioners appointed by the State cannot be justified in accepting the road or exacting tolls.
Besides, it is evident that the tolls established, even if raised to the maximum, will be totally inadequate to the preservation and repair of the road, unless first put in a state of complete and substantial repair. This, a statement of a single fact will fully demonstrate. It appears by a report lately received from the superintendent of that part of the road which lies between Hagerstown and c.u.mberland, that the tolls there collected amount to $312 per mile per annum; of this $45 is required to pay gate keepers and superintendents, leaving $267 for repairs. The tolls on that part of the road are more than three times as high as those proposed on this, so that the amount of tolls applicable to the repair of this road will not exceed $89 per mile per annum, a sum barely sufficient to preserve the road after it is put in the best possible state of repair. The undersigned do not presume to prescribe a plan of repair; they are satisfied with that adopted and partly executed by the agents of the United States; and they now distinctly declare and pledge themselves, that so soon as Congress shall appropriate the sum required by the Secretary of War to complete the repair of the road on the plan adopted in his report at the last session, we will, with all possible despatch, proceed to erect the gates, and relieve the United States from all further charge or expense on account of said road, after the appropriation so made shall be expended.
Very respectfully, your most obedient servants, THOMAS ENDSLEY.
DANIEL DOWNER.
WILLIAM F. COPLAN.
STEPHEN HILL.
BENJAMIN ANDERSON.
Hon. Lewis Ca.s.s, Secretary of War.
NOTE.--The bridges near Wills creek were in the end built of stone.
[Ill.u.s.tration: IRON BRIDGE.]