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 pa.s.ses 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 pa.s.sing the said gates, the tolls hereafter mentioned; and they may stop any person riding, leading or driving any horses, cattle, sulky, chair, phaeton, cart, chaise, wagon, sleigh, sled or other carriage of burden or pleasure from pa.s.sing through the said gates, until they shall respectively have paid for pa.s.sing 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 a.s.sent to the same, and until so much of the said road as pa.s.ses 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, pa.s.sed 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 a.s.sent to the above mentioned laws of Pennsylvania and Maryland in these words: "To which acts the a.s.sent of the United States is hereby given, to remain in force during the pleasure of Congress,"
and on the 2d of March, 1833, a.s.sented to the act of Virginia with a similar limitation.
[Ill.u.s.tration: 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 a.s.sembled:_
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 c.u.mberland 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 circ.u.mstances, 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.
January 7, 1835. BENJAMIN ANDERSON.
_To the Honorable the Senate and House of Representatives of the United States in Congress a.s.sembled_:
The undersigned beg leave to represent that they have been appointed commissioners, under the act of a.s.sembly of the State of Maryland, to report to the Governor and Council of said State when that part of the c.u.mberland 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 a.s.sembly of the State of Maryland, agreeing to receive the road and to keep it in repair; that they will with great pleasure report the road to the Governor and Council the moment they can with propriety do so. And they beg leave to represent that they feel authorized to say that the Governor and Council will, with great pleasure, authorize them to receive the road whenever it shall be put in that condition which would justify the State in accepting it. They further represent that the road has not yet been put in that condition that would justify them in advising the State to receive it. On some parts of the road no more than three and a half inches of metal has been put, and it is evident that this covering will be totally insufficient to preserve it in a fit state for use under the heavy travel which is constantly pa.s.sing 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 c.u.mberland, through the narrows of Wills creek and along Braddock"s run, a distance of upwards of six miles, has had but three and a half inches of metal upon it; and the bridge over Wills creek and the bridges over Braddock"s run were to be permanent stone structures, by the act of a.s.sembly of Maryland, authorizing the President to change the location of the road.
The undersigned are also advised that it is contemplated by the superintendent to put up wooden structures for bridges, in lieu of the stone bridges required by the act of a.s.sembly of Maryland, authorizing the change in the location of the road, which would be in direct violation of that act. They further represent that the floors of wooden bridges must be removed every two or three years, and the whole structure of the bridges themselves must be built every twenty or twenty-five years.
Under these circ.u.mstances it would be impossible for the undersigned, in the discharge of their duty, to recommend to the State the acceptance of the road. And they would most earnestly but respectfully urge upon Congress the propriety of making such an appropriation as will be sufficient to complete the repairs on the old road, and to finish the new location in a substantial manner, as contemplated and required by the act of the Legislature of Maryland. The undersigned will not undertake to prescribe the sum which may be necessary for this purpose; but, to satisfy your honorable bodies that they are disposed to go as far as the faithful discharge of their duty will permit, they hereby pledge themselves that so soon as Congress shall make an appropriation of so much money as may be estimated by the department as necessary for the completion of the repairs of the old road, and the finishing of the road on the new location, together with the construction of permanent stone bridges, they will forthwith report to the Governor and Council the state of the road, and recommend that the State receive such part of the road as may be completed, and to collect tolls on it to keep it in repair, thereby relieving the United States from any further expense for repairs on such part. They further beg leave most respectfully to submit to the wisdom of your honorable bodies to determine whether it will be better to make the necessary appropriation to enable them to recommend the road as in a fit condition to be received by the State, and thus relieve the government from any further burden, or to let it remain in its present state, subject to appropriations for its preservation, as heretofore.
JOHN HOYE, MESHECK FROST, Commissioners of the State of Maryland.
On April 1, 1835, Pennsylvania accepted the road in the following brief terms, embodied in the third section of an act of her legislature of that date: "The surrender by the United States of so much of the c.u.mberland Road as lies within the State of Pennsylvania is hereby accepted by this State, and the commissioners to be appointed under this act are authorized to erect toll gates on the whole or any part of said road, at such time as they may deem it expedient to do so."
Maryland, Virginia, and Ohio also accepted the road, and thenceforth it was, and remains under the control of the several States through which it pa.s.ses.
CHAPTER IX.
_Plan of Repairs--The Macadam System adopted--Mr. Stockton offers his services--Capt. Delafield made Superintendent--The Road in a bad condition--Permission asked to deviate from instructions, and refused--Capt. Giesey lifted the old road bed indiscriminately-- First defects to be remedied--Lieut. Mansfield at Uniontown--Plan emphasized in notices for contracts--Free pa.s.sage 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 a.s.signed, temporarily, to the superintendence of the repairs of the c.u.mberland 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 intersection of the road with the western boundary line of the State of Pennsylvania, and c.u.mberland, in the State of Maryland; the dividing line between these States will be considered as 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 yourself acquainted with their exact condition, you will cla.s.sify 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 pa.s.sing regularly through the sections, as cla.s.sified, to the best section; and these repairs will be prosecuted with as much despatch as the nature of the case will allow. Should you 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 executed with greater economy by having overseers and laborers to act under your immediate direction, you are at liberty to do so, bearing in mind, however, that whenever the repairs of the road can be made 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, approved, 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 part 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 pa.s.sage 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 of 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 carriages. In those parts of the road, if any, where materials of good quality cannot be obtained from the road in sufficient quant.i.ty 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 upon the bed of the road till it has become well compacted 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 made with a gradual curvature, so as to give no jolts to the wheels of carriages pa.s.sing 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, 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 repaired, when it may be required, in a substantial manner, and care must be taken that the mortar used be of good quality, without admixture of raw clay.
All the masonry to be well pointed with hydraulic 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 foundations; and it is highly important that all foundations in masonry should be well pointed with hydraulic mortar to a depth of eighteen inches below the surface of the ground.
As the laws on the subject of this road do not seem to justify a deviation from the original location, you will be careful to confine your operations to the road as you find it located; but, as it is believed that its axis may be dropped without adding much to the expense in those places where its inclination with the horizon exceeds four degrees, you are authorized, under the exercise of a sound discretion, to make this change.
In making your contracts, it must be understood that you are to have the general 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 contracts must provide in their specifications for all the work that can be antic.i.p.ated, and should it happen that additional stipulations are afterwards found to be necessary for either workmanship or supplies not originally provided for, the facts must be reported to this department, and, with its approbation, if obtained, new contracts will be made for the additional services and supplies required; 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 well as with the adjacent country; and, as he has offered his services, you would do well to call upon him and avail yourself 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 details 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 estimates, forwarded to this office. For the mode of making these estimates, keeping your accounts, and conducting your correspondence with this office, you are referred to the regulations of the Engineer Department.
Captain Delafield has been a.s.signed to the permanent superintendence of the repairs of this road, and has been directed to join you on or before the 1st of October next. You will, therefore, immediately on his arrival, turn over to him these instructions, together with all the papers and public property that may be in your possession 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 instructions.
I am, &c., C. GRATIOT, Brigadier General.
c.u.mBERLAND, MD., August 1, 1832.
_Sir_: I have this evening returned from a general reconnoissance of the road in this State. I find the road in a shocking condition, and every rod of it will require great repair; some of it is now almost impa.s.sable. 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 circ.u.mstances, from so much of my instructions as requires the old bed in all cases to be lifted, and the rise in the middle three inches; for there are parts 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 gutters in cases of torrents, and thereby preventing a general sweep over the whole road, which would carry off the smallest stuff of a Macadamized road.
The repairs made by Mr. Giesey, about two years since, have 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 Engineer.