CHAPTER III

ZANE'S TRACE AND THE MAYSVILLE PIKE

In the study of the Ohio River as a highway of immigration and commerce

it was emphasized that in earliest pioneer days the ascent of the river

was a serious and difficult problem. This was true, indeed, not on the

Ohio alone, but on almost every river of importance in the United

States. Of course brawny arms could force a canoe through flood-tides

and rapids; but, as a general proposition, the floods of winter, with

ice floating fast amid-stream and clinging in ragged blocks and floes

along the shore, and the droughts of summer which left, even in the

Ohio, great bars exposed so far to the light that the river could be

forded here and there by children, made even canoe navigation well-nigh

impossible. For other craft than light canoes navigation was utterly out

of the question in the dry seasons and exceedingly dangerous on the icy

winter floods at night--when the shore could not be approached.

Such conditions as these gave origin to many of our land highways. Where

pioneer homes were built beside a navigable river it was highly

important to have a land thoroughfare leading back to the "old

settlements" which could be traversed at all seasons. Many of our "river

roads" came into existence, not because the valleys offered the easiest

courses for land travel, but because pioneer settlements were made on

river banks, and, as the rivers were often worthy of the common French

name "Embarras," land courses were necessary. In the greater rivers this

"homeward track," so to speak, frequently abandoned the winding valley

and struck straight across the interior on the shortest available route.

The founding of Kentucky in the lower Ohio Valley offers a specific

instance to illustrate these generalizations, and brings us to the

subject of a thoroughfare which was of commanding importance in the old

West. We have elsewhere dealt at length with the first settlement of

Kentucky, making clear the fact that the great road blazed by Boone

through Cumberland Gap was the most important route in Kentucky's early

history. The growth of the importance of the Ohio River as a

thoroughfare and its final tremendous importance to Kentucky and the

entire West has also been reviewed. But, despite this importance, the

droughts of summer and the ice-torrents of winter made a landward route

from Kentucky to Pennsylvania and the East an absolute necessity. Even

when the river was navigable, the larger part of the craft which sailed

it before 1820 were not capable of going up-stream. Heavy freight could

be "poled" and "cordelled" up in the keel-boat and barge, but for all

other return traffic, both freight and passenger, the land routes from

Kentucky north and east were preferable. For many years the most

available messenger and mail route from Cincinnati, Vincennes, and

Louisville was over Boone's Wilderness Road through Cumberland Gap. But,

as the eighteenth century neared its close, the large population of

western Pennsylvania and northwestern Virginia made necessary better

routes from the upper Ohio Valley across the Alleghenies; in turn, the

new conditions demanded a route up the Ohio Valley from Kentucky to

Pennsylvania.

In our survey of Indian Thoroughfares, a slight path known as the Mingo

Trail is mentioned as leading across eastern Ohio from Mingo Bottom near

the present Steubenville, on the Ohio River, to the neighborhood of

Zanesville on the Muskingum River.[32] Mingo Bottom was a well-known

Indian camping-place; the name is preserved in the railway junction

thereabouts, Mingo Junction. A distinct watershed offers thoroughfare

southwesterly across to the Muskingum, and on this lay the old trail.

The termini of this earliest known route were near two early settlements

of whites; Mingo Bottom lies eight or nine miles north of Wheeling, one

of the important stations in the days of border warfare. The Mingo

Trail, swinging southward a little, became the route of white hunters

and travelers who wished to cross what is now eastern Ohio. The

Muskingum River terminus of the trail was Wills Town, as far down the

Muskingum from Zanesville as Mingo Bottom was above Wheeling on the

Ohio. It is altogether probable that a slight trace left the Wills Town

trail and crossed the Muskingum at the mouth of Licking River--the

present site of Zanesville. If a trail led thence westwardly toward the

famed Pickaway Plains, it is recorded on none of our maps. We know,

therefore, of only the Mingo Trail, running, let us say loosely, from

Wheeling, West Virginia, to Zanesville, Ohio, which could have played

any part in forming what soon became known as the first post road in all

the Territory Northwest of the River Ohio.

With the close of the Indian War and the signing of the Treaty of

Greenville in 1795, the American possession of the Northwest was placed

beyond question. A flood of emigrants at once left the eastern states

for the Central West, and the return traffic, especially in the form of

travelers and private mail packets, from Kentucky and Cincinnati, began

at once to assume significant proportions, and Congress was compelled

to facilitate travel by opening a post route two hundred and twenty-six

miles in length from the upper to the lower Ohio. Accordingly, the

following act: "_An Act to authorize Ebenezer Zane[33] to locate certain

lands in the territory of the United States northwest of the river

Ohio_" was passed by Congress and approved May 17, 1796:

"_Be it enacted, &c._, That, upon the conditions hereinafter mentioned,

there shall be granted to Ebenezer Zane three tracts of land, not

exceeding one mile square each, one on the Muskingum river, one on

Hockhocking river, and one other on the north bank of Scioto river, and

in such situations as shall best promote the utility of a road to be

opened by him on the most eligible route between Wheeling and

Limestone,[34] to be approved by the President of the United States, or

such person as he shall appoint for that purpose; _Provided_, Such

tracts shall not interfere with any existing claim, location, or survey;

nor include any salt spring, nor the lands on either side of the river

Hockhocking at the falls thereof.

"SEC. 2. _And be it further enacted_, That upon the said Zane's

procuring, at his own expense, the said tracts to be surveyed, in such a

way and manner as the President of the United States shall approve, and

returning into the treasury of the United States plats thereof, together

with warrents granted by the United States for military land bounties,

to the amount of the number of acres contained in the said three tracts;

and also, producing satisfactory proof, by the first day of January

next, that the aforesaid road is opened, and ferries established upon

the rivers aforesaid, for the accommodation of travellers, and giving

security that such ferries shall be maintained during the pleasure of

Congress; the President of the United States shall be, and he hereby is,

authorized and empowered to issue letters patent, in the name and under

the seal of the United States, thereby granting and conveying to the

said Zane, and his heirs, the said tracts of land located and surveyed

as aforesaid; which patents shall be countersigned by the secretary of

state, and recorded in his office: _Provided always_, That the rates of

ferriage, at such ferries, shall, from time to time, be ascertained

[inspected] by any two of the judges of the territory northwest of the

river Ohio, or such other authority as shall be appointed for that

purpose.

"APPROVED May 17, 1796."[35]

Zane evidently went at once to work opening the road to Kentucky, his

brother Jonathan, and son-in-law John McIntire, assisting largely in the

work. The path was only made fit for horsemen, particularly

mail-carriers. It is probable that the task was not more difficult than

to cut away small trees on an Indian trace. It is sure that for a

greater part of the distance from the Ohio to the Muskingum the Mingo

Trail was followed, passing near the center of Belmont, Guernsey and

Muskingum Counties. The route to the southwest from that point through

Perry, Fairfield, Pickaway, Ross, Richland, Adams, and Brown Counties

may or may not have followed the path of an Indian trace. No proof to

the contrary being in existence, it is most reasonable to suppose that

this, like most other pioneer routes, did follow a more or less plainly

outlined Indian path. The new road crossed the Muskingum at the present

site of the town well named Zanesville, the Hocking at Lancaster, the

Scioto at Chillicothe, and the Ohio at Aberdeen, Ohio, opposite the

old-time Limestone, Kentucky.

[Illustration: BRIDGE ON WHICH ZANE'S TRACE CROSSED THE MUSKINGUM RIVER

AT ZANESVILLE, OHIO]

One George Sample was an early traveler on this National Road; paying a

visit from the East to the Ohio country in 1797, he returned homeward by

way of Zane's Trace or the Maysville Road, as the route was variously

known. After purchasing a farm on Brush Creek, Adams County, Ohio, and

locating a homeless emigrant on it, Mr. Sample "started back to

Pennsylvania on horseback" according to his recorded recollections

written in 1842;[36] "as there was no getting up the river at that

day.[37] In our homeward trip we had very rough fare when we had any at

all; but having calculated on hardships, we were not disappointed. There

was one house (Treiber's) on Lick branch, five miles from where West

Union[38] now is." Trebar--according to modern spelling--opened a tavern

on his clearing in 1798 or 1799, but at the time of Sample's trip his

house was not more public than the usual pioneer's home where the

latch-string was always out.[39] "The next house," continues Mr. Sample,

"was where Sinking spring or Middle-town is now.[40] The next was at

Chillicothe, which was just then commenced. We encamped one night at

Massie's run, say two or three miles from the falls of Paint creek,

where the trace then crossed that stream. From Chillicothe to Lancaster

the trace then went through the Pickaway plains. There was a cabin some

three or four miles below the plains, and another at their eastern edge,

and one or two more between that and Lancaster. Here we staid the third

night. From Lancaster we went next day to Zanesville, passing several

small beginnings. I recollect no improvement between Zanesville and

Wheeling, except a small one at the mouth of Indian Wheeling creek,

opposite to Wheeling. In this space we camped another night. From

Wheeling we went home pretty well."

The matter of ferriage was a most important item on pioneer roads as

indicated by the Act of Congress quoted. The Court of General Quarter

Sessions met at Adamsville, Adams County, December 12, 1797, and made

the following the legal rates of ferriage across the Scioto and Ohio

Rivers, both of which Zane's Trace crossed:

_Scioto River:_

Man and horse 12-1/2 cents.

Single 6-1/4 "

Wagon and team 75 "

Horned cattle (each) 6-1/4 "

_Ohio River:_

Man and horse 18-1/2 "

Single 9-1/4 "

Wagon and team $1.15

Horned cattle 9-1/4 " [41]

No sooner was Zane's Trace opened than the Government established a mail

route between Wheeling and Maysville and Lexington. For the real

terminus of the trace was not by any means at little Maysville; an

ancient buffalo route and well-worn white man's road led into the

interior of Kentucky from Maysville, known in history as the Maysville

Road and Maysville Pike. On the Ohio side this mail route from Wheeling

and Lexington was known by many titles in many years; it was the

Limestone Road, the Maysville Pike, the Limestone and Chillicothe Road,

and the Zanesville Pike; the Maysville and Zanesville Turnpike was

constructed between Zanesville and the Ohio River. At Zanesville the

road today is familiarly known as the Maysville Pike while in Kentucky

it is commonly called the Zanesville Pike.

"When the Indian trail gets widened, graded and bridged to a good road,"

wrote Emerson, "there is a benefactor, there is a missionary, a

pacificator, a wealth-bringer, a maker of markets, a vent for

industry."[42] The little road here under consideration is unique among

American highways in its origin and in its history. It was demanded, not

by war, but by civilization, not for exploration and settlement but by

settlements that were already made and in need of communion and

commerce. It was created by an act of Congress as truly as the

Cumberland Road, which soon should, in part, supersede it. And finally

it was on the subject of the Maysville Turnpike that the question of

internal improvement by the national government was at last decided

when, in 1830, President Jackson signed that veto which made the name

of Maysville a household word throughout the United States.

In 1825, after a delay which created great suspense in the West, the

Cumberland Road at last leaped the Ohio River at Wheeling. Zane's Trace,

now a wide, much-traveled avenue, offered a route westward to Zanesville

which could be but little improved upon. The blazed tree gave way to the

mile-stone and the pannier and saddle-bag to the rumbling stagecoach and

the chaise. It is all a pretty, quiet picture and its story is totally

unlike that of Boone's rough path over the Cumberlands. For settlements

sprang up rapidly in this land of plenty; we have seen that there were

beginnings at Chillicothe and Zanesville when Sample passed this way in

1797. By 1800, Zane's lots at the crossing of the Hockhocking (first

known as New Lancaster, and later as Lancaster--from the town of that

name in Pennsylvania) were selling; his terms and inducements to

settlers, especially mechanics, are particularly interesting.[43]

As intimated, the Kentucky division of the Maysville Pike--leading from

the Ohio River through Washington, Paris, and Lexington--became famous

in that it was made a test case to determine whether or not the

Government had the right to assist in the building of purely state

(local) roads by taking shares in local turnpike companies.

This much-mooted question was settled once for all by President Andrew

Jackson's veto of "A Bill Authorizing a subscription of stock in the

Maysville, Washington, Paris, and Lexington Turnpike Road Company,"

which was passed by the House February 24, 1830. It read:[44] "_Be it

enacted by the Senate and House of Representatives of the United States

of America in Congress assembled_, That the Secretary of the Treasury

be, and he is hereby, authorized and directed to subscribe, in the name

and for the use of the United States, for fifteen hundred shares of the

capital stock of the Maysville, Washington, Paris, and Lexington

Turnpike Road Company, and to pay for the same at such times, and in

such proportions, as shall be required of, and paid by, the stockholders

generally, by the rules and regulations of the aforesaid company, to be

paid out of any money in the Treasury, not otherwise appropriated:

_Provided_, That not more than one-third part of the sum, so subscribed

for the use of the United States, shall be demanded in the present year,

nor shall any greater sum be paid on the shares so subscribed for, than

shall be proportioned to assessments made on individual or corporate

stockholders.

"SEC. 2. _And be it further enacted_, That the said Secretary of the

Treasury shall vote for the President and Directors of the aforesaid

company, according to such number of shares as the United States may, at

any time, hold in the stock thereof, and shall receive upon the said

stock the proportion of the tolls which shall, from time to time, be due

to the United States for the shares aforesaid, and shall have and enjoy,

in behalf of the United States, every other right of stockholder in said

Company."

In his first annual message to Congress, dated December 8, 1829,

President Jackson stated plainly his attitude to the great question of

internal improvements. "As ... the period approaches when the

application of the revenue to the payment of [national] debt will cease,

the disposition of the surplus will present a subject for the serious

deliberation of Congress.... Considered in connection with the

difficulties which have heretofore attended appropriations for purposes

of internal improvement, and with those which this experience tells us

will certainly arise whenever power over such subjects may be exercised

by the General Government, it is hoped that it may lead to the adoption

of some plan which will reconcile the diversified interests of the

States and strengthen the bonds which unite them.... To avoid these

evils it appears to me that the most safe, just, and federal disposition

which could be made of the surplus revenue would be its apportionment

among the several States according to their ratio of representation, and

should this measure not be found warranted by the Constitution that it

would be expedient to propose to the States an amendment authorizing

it."[45]

In his veto of the Maysville Road bill President Jackson quoted the

above paragraphs from his annual message, and, after citing both

Madison's and Monroe's positions as to internal improvements of pure

local character, continues:

"The bill before me does not call for a more definate opinion upon the

particular circumstances which will warrent appropriations of money by

Congress to aid works of internal improvement, for although the

extention of the power to apply money beyond that of carrying into

effect the object for which it is appropriated has, as we have seen,

been long claimed and exercised by the Federal Government, yet such

grants have always been professedly under the control of the general

principle that the works which might be thus aided should be 'of a

general, not local, national, not State,' character. A disregard of this

distinction would of necessity lead to the subversion of the federal

system. That even this is an unsafe one, arbitrary in its nature, and

liable, consequently, to great abuses, is too obvious to require the

confirmation of experience. It is, however, sufficiently definate and

imperative to my mind to forbid my approbation of any bill having

the character of the one under consideration. I have given to its

provisions ... reflection ... but I am not able to view it in any other

light than as a measure of purely local character; or, if it can be

considered national, that no further distinction between the appropriate

duties of the General and State Governments need be attempted, for there

can be no local interest that may not with equal propriety be

denominated national. It has no connection with any established system

of improvements; is exclusively within the limits of a State, starting

at a point on the Ohio River and running out 60 miles to an interior

town, and even as far as the State is interested conferring partial

instead of general advantages.

"Considering the magnitude and importance of the power, and the

embarrassments to which, from the very nature of the thing, its

exercise must necessarily be subjected, the real friends of internal

improvement ought not to be willing to confide it to accident and

chance. What is properly _national_ in its character or otherwise is an

inquiry which is often extremely difficult of solution....

"If it be the wish of the people that the construction of roads and

canals should be conducted by the Federal Government, it is not only

highly expedient, but indispensably necessary, that a previous amendment

of the Constitution, delegating the necessary power and defining and

restricting its exercise with reference to the sovereignty of the

States, should be made. The right to exercise as much jurisdiction as is

necessary to preserve the works and to raise funds by the collection of

tolls to keep them in repair can not be dispensed with. The Cumberland

Road should be an instructive admonition of the consequences of acting

without this right. Year after year contests are witnessed, growing out

of efforts to obtain the necessary appropriations for completing and

repairing this useful work. Whilst one Congress may claim and exercise

the power, a succeeding one may deny it; and this fluctuation of opinion

must be unavoidably fatal to any scheme which from its extent would

promote the interests and elevate the character of the country....

"That a constitutional adjustment of this power upon equitable

principles is in the highest degree desirable can scarcely be doubted,

nor can it fail to be promoted by every sincere friend to the success of

our political institutions."[46]

The effect of Jackson's veto was far-reaching. It not only put an end to

all thought of national aid to such local improvements as the Maysville

Turnpike, but deprived such genuinely national promotions as the

Baltimore and Ohio Railway of all hope of national aid. "President

Jackson had strongly expressed his opposition to aiding state

enterprises and schemes of internal improvement by appropriations from

the central government," records a historian of that great enterprise;

"from whatever source the opposition may have come, the [Baltimore and

Ohio Railway] company recognized that it must not hope for aid from the

national government."[47] The significance of Jackson's veto could not

be more strongly presented.

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