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 States. 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 notwithstanding."
This left to the laws of the States, the right to punish all offences
and other acts committed upon the road, in the same manner as though
they had occurred in any other part of their territory. Such had been
the uniform practice of the government in executing 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 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.
[Illustration: 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.
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 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 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 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 Assembly 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 Assembly 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 circumstances 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
Cumberland 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 passes.
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 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 assigned,
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 intersection of
the road with the western boundary line of the State of Pennsylvania,
and Cumberland, 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 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 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 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 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 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
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 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, 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 anticipated, 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 assigned 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.
* * * * *
CUMBERLAND, 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
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, 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.
* * * * *
ENGINEER DEPARTMENT,
WASHINGTON, August 9, 1832.
_Sir_: Your letter of the 1st instant, requesting permission to deviate,
according to circumstances, from so much of the instructions of the
department to you, on the subject of the repairs of the Cumberland 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 consideration, 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 information, the views of
the department on this subject.
By referring 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 constructing it was that of
digging a trench, or of sinking the bed of the road below the natural
surface of the ground; that this trench was filled with large stones,
and that these were covered with 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 intercept the passage of water from the ground adjacent to the
road to the ditch or trench in which the road is made; this water, by
keeping the bed constantly wet, would cause the heavy stones of the
first layer to sink into the ground, and thus break up the surface of
the road, 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 department 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 pursuing the course suggested in
your letter, it is believed 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 be the real support of the traffic on the
road, lower than the neighboring 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
believed that the adoption, as nearly as practicable, of the Macadam
system, in all its important features, presents the only means of
effecting this remedy, and as this system forms the basis of your
instructions, it is recommended that they be departed from as little as
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 course would defeat
the object had in view in sending an officer of engineers on the road;
but it is believed to be highly important that the exercise 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 repairs of roads, a copy of which
is in your 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 necessary for this may be taken from the ditches,
or even from the sides of the road, where it can be done without
encroaching upon the privileges of persons 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 stone 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 deficiency 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 superintending engineer, but in no case to
exceed one in every twelve rods. In those sections where pieces of
hitherto Macadamized road are included, 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_: I have to acknowledge the receipt of your letter of the 24th
inst., inclosing two printed advertisements for proposals to contract
for the repairs of the Cumberland Road under your charge.
In answer, the department would call your attention to your remarks
under the head "Plan of Repairs," and would suggest that, instead 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, Uniontown, Pa.
CHAPTER X.
_Lieut. Mansfield superseded by Capt. Delafield--The Turning of Wills
Mountain--Contractors not Properly Instructed--Capt. Delafield
suggests a Change of Plan, and enforces his Views by Copious
Quotations from Macadam--He is Permitted to exercise his own
Discretion--Too much sand between Uniontown and
Cumberland--Operations at Wills Creek suspended--A Collision with
the Chesapeake and Ohio Canal Company--The difficulty adjusted, and
operations resumed._
ENGINEER DEPARTMENT,
WASHINGTON, October 5, 1832.
_Sir_: On the arrival of Captain Delafield, of the engineers, on the
Cumberland Road in Pennsylvania and Maryland, you will hand to him the
enclosed communication, which assigns to him the superintendence of the
repairs of that road which have heretofore been conducted under your
supervision. You will, also, turn over to him all the funds, books,
papers, and public property in your possession appertaining to this
road, and close your account with it.
Very respectfully, &c.,
By order: WM. H. C. BARTLETT,
Lieut, and Assistant to Chief Engineer.
Lieut. J. K. F. Mansfield,
Corps of Engineers, Uniontown, Pa.
* * * * *
Uniontown, December 13, 1832.
_Sir_: The surveys of a route for turning Wills mountain by the valley
of Braddock's run and Wills 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 inclined plane, 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 exceed 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 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
sections, giving him one. The present condition of the road is most
unpromising. Nearly every contractor has formed his bed in the valley
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 correcting 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 superintendents 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 construction will be very indifferently made,
and by no means such as the Macadam system 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 anxiously 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 compelled to
have printed a manual or primer, with a few lithographic sections, that
the sight may aid the mind in a proper understanding of the business. To
persevere in the present plan, where neither contractors,
superintendents, nor laborers, understand 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 correction. 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.
Respectfully, your obedient servant,
RICH'D DELAFIELD,
Captain of Engineers.
Brig. Gen. Charles Gratiot,
Chief Engineer.
* * * * *
BALTIMORE, May 6, 1833.
_Sir_: The instructions of the department of the 23d July last, relating
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.
My own views are that it is decidedly preferable 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 Roads."
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 clay, 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 unyielding 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 pavement,
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 repairs 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 sixteen 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 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 years (nearly) without repairs, and was
impassable this spring. The old Cumberland Road 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 five years, are
in fine order, and present a very smooth surface, never having cut
through. Other parts, where the old pavement has been removed and
Macadamized, were impassable during the spring after three years' wear.
We have to bear in mind the impossibility 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, which is destructive to a Macadamized road on clay or sand,
whereas, if on the old pavement, 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,
Captain of Engineers.
Brig. Gen. C. Gratiot,
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 would 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 principles."
Page 42.--"The price of lifting a road, &c., leaving the road in a
finished state, has been found in practice to be from 1d. to 2d. per
superficial yard, lifted four inches deep."
Page 47.--"It is well known to every skillful and observant road-maker,
that if strata of stone of various sizes be placed on a road, the
largest stones will constantly work up." (This is in no manner
applicable to a pavement, and a road made even in the manner he alludes
to was lifted only four inches deep.--R. D.)
Page 105.--"How deep do you go in lifting the roads? That depends upon
circumstances, but I have generally gone four inches deep. I take up the
materials four inches, and, having broken the large pieces, I put them
back again."
"Does the plan which you have mentioned, of breaking up the roads, apply
to gravel roads, or only to those roads composed of hard stones? In
gravel roads, and in some other roads, it would be impossible to break
them up to advantage; and, in several places, I should think it
unprofitable to lift a road at all. I did not order the road near
Reading to be lifted, but I directed, whenever a large piece of flint
was seen, it should be taken up, broken, and put down again. I am
speaking of a gravel road now."
Page 107.--"There are other cases besides that of gravel, in which I
should think it unprofitable to lift a road. The road between ---- and
---- is made of very soft stone, and is of so brittle a nature, that if
it were lifted it would rise in sand, and there would be nothing to lay
down again that would be useful. I should not recommend lifting of
freestone roads, for the same reason, because it would go so much to
sand that there would be very little to lay down again. I will explain
what I have done to the road between Cirencester and Bath. I was obliged
to lift a little of the sides of the road, in order to give it shape,
but in the center of the road we 'shoved it.' It was before in the state
which the country people call gridirons: that is, it was in large
ridges, with long hollows between, and we cut down the high part to a
level with the bottom of the furrows, and took the materials and sifted
them at the side of the road, and returned what was useful to the
center."
(So far we have the views of Mr. Macadam. From the same work I continue
to quote.--R. D.)
Page 153.--"Considering the very great traffic upon Whitechapel road, is
it your opinion (addressed to Mr. Farey) that it would be advantageous
to pave any part of that road? I think it would be desirable to pave it
within some feet of the footpath," &c.
Page 158.--"In the neighborhood of London the materials that are to be
procured are of too tender and brittle a nature to endure the wear of
the heavy carriages. I, therefore, am of the opinion that it would be
proper to pave the sides of all the principal entrances into London."
Page 166.--"James Walker says, 'The traffic upon the Commercial rail
road, both up and down, is very great. I am quite sure that the expense
of this road would have been very much greater, probably much more than
doubled, if it had not been paved. The road has been paved for about
sixteen years, and the expense of supporting it has been small. During
the thirteen years that the East India dock branch has been paved, the
paving has not cost £20.'"
Page 167.--"But as the paving is always preferred for heavy carriages,"
&c.
Page 172.--"The thickness ought to be such, that the greatest weight
will not effect more than the surface of the shell, in order to spread
the weight which comes upon a small part only of the road over a large
portion of the foundation."
Page 173.--"If the foundation is bad, breaking the bottom stone into
small pieces is expensive and injurious, upon the principle I have above
described, for the same reason that an arch formed of whole bricks, or
deep stones, is preferred to one of the same materials broken into
smaller pieces, for, in some countries, the materials will admit of the
foundation of the road being considered as of the nature of a flat arch,
as well as being supported by the strata directly under it. But the
error of laying stones in large pieces upon the surface is more common
and more injurious."
Page 183.--"James Dean says, 'Near to great towns it would be highly
advantageous if the center of the road, for about twelve feet in width,
were to be paved with hard, well-squared stones, nine inches deep.'"
Page 188.--"Thomas Telford, Esq., says, 'The improvements made in North
Wales I beg leave to submit as models for the roads through hilly
countries. Great pains have been taken in constructing firm and
substantial foundations for the metallic part of the roadway.'"
Page 189.--"There has been no attention paid to constructing a good and
solid foundation for the roadway."
Page 192.--"Are you of the opinion that it would be advisable or
practicable to procure, from any particular part of the country, better
materials, so as to form perfect roads without the necessity of paving
them? That these materials could be procured, is evident; but I am
satisfied that the most economical and preferable mode would be by the
means of paving."
* * * * *
ENGINEER DEPARTMENT.
WASHINGTON. May 8, 1833.
_Sir_: Your communication of the 6th instant, submitting your views in
regard to lifting the old bed in prosecuting the repairs of the
Cumberland road east of the Ohio, and requesting a reconsideration of so
much of the instructions of the department of the 23d July last as
relates to this matter, has just been received. That part of the
instructions alluded to, which requires that the old bed shall, in all
cases, be taken up, will be considered as suspended, and you are hereby
authorized to exercise your discretion in this particular.
Very respectfully, &c.,
C. GRATIOT, Brig. General.
Capt. R. Delafield,
Corps of Engineers, Uniontown, Pa.
* * * * *
UNIONTOWN, PA., June 11, 1833.
_Sir_: I find upon an examination of the National Road, 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 errors of construction
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 with
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 conditions, after making
due allowance for the stoppage arising from your order for suspending
operations during last winter. On the completion of the road, should it
be found not to possess the requisite properties to secure its
permanency, you will make such additions under your own agency as will
place it in the condition contemplated by the government, before 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 practicable, be at least eighteen inches below the bed of the road;
and when this cannot be done, culverts, 2'×3', 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
subserve 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 frequently 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, with 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 be first 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 recommend,
instead of the present system of blocking, that rakers should be
constantly employed to preserve the transverse profile. If it does 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 recommended, will,
it is presumed, preserve the road from further ruin, and place it in a
condition to receive its last coat of limestone. Finally, 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 workmanship, 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 yourself and the public at
large, the great end proposed--the construction of a road unrivaled in
the country. These are the views 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. Delafield,
Corps 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 occasion 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 you, to ascertain
the best mode of making the location by which to avoid any injury or
increased expense to the Canal Company. You are instructed to confer
freely with Mr. Purcell, holding the object suggested 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 a minute detail of everything, particularly 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. R. Delafield,
Corps of Engineers, Uniontown, Pa.
* * * * *
PHILADELPHIA, July 26, 1833.
_Sir_: The order of your department of the 16th instant was received 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 furnished, 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 information 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 Canal
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 expense, as
reported by Mr. Purcell, of 16,000 dollars 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 give me bench marks
from which to ascertain the cuttings and embankments 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 impression that an interference with
the works of the Canal Company was unavoidable, and that some compromise
of advantages and disadvantages 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 with 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 interest, which has always been looked upon
by me as claiming precedence.
I have here pointed out a course for the consideration of the
department, 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, information from the Company as to their own works
solely. It will suffice for all purposes connected with the location of
the road.
Be pleased to address me at New Castle, and on any matter relating 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 whom
I have assigned this particular section of the road.
Respectfully, your obedient servant,
RICH'D DELAFIELD.
Captain of Engineers.
Brig. Gen. Charles Gratiot.
Chief Engineer.
* * * * *
WASHINGTON, D. C., May 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 authorized, 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 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 immediately above the
town was under consideration of the Committee on Roads 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 appreciate. 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 Cumberland. 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 by 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 you 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 CONGRESS,
2D SESSION.--EXECUTIVE PAPERS.
"The difficulties of this passage (down Wills creek) are great, and
continue for more than a mile. The ground then becomes favorable
(_i.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 accommodate
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 first ledge above Cumberland.
"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 included 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, having
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 confidence 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 communicate to the department the result.
Very respectfully, &c.,
WM. H. C. BARTLETT,
Lt. and Ass't to Ch. Eng'r.
Capt. R. Delafield,
Corps of Engineers, New Castle, Del.
* * * * *
ENGINEER DEPARTMENT,
WASHINGTON, September 12, 1833.
_Sir_: Your letter of 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 location of the
National Road, in consequence of the Canal Company having made choice of
the route upon which the road was constructed, has 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.,
C. GRATIOT,
Brig. General.
Capt. R. Delafield,
Corps of Engineers, Cumberland, Md.
* * * * *
CUMBERLAND ROAD, AT STODDARD'S, MD.,
September 17, 1833.
_Sir_: I enclose herewith plan and sections of part of the Cumberland
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 18-2/10 feet in a distance of
1,600; by the old road the slope was 53.9' in 700 feet on one side of
the hill, and 35.7' in 900 feet on the other side.
This is now undergoing construction. The foundation of the center pier
of the bridge over Wills creek is raised above water. Respectfully, your
obedient servant,
RICH'D DELAFIELD,
Captain of Engineers.
Brig. Gen. Charles Gratiot.
Chief Engineer.
* * * * *
ENGINEER DEPARTMENT.
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 Frostburg, where you
had made an alteration in the location, thereby avoiding a steep hill,
and decreasing the distance, was duly received; and I have to inform you
that the alteration referred to has been approved. I am, &c.,
C. GRATIOT,
Brig. General.
Capt. R. Delafield,
Corps of Engineers, Cumberland, Md.
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 law--New instructions issued from Wheeling--The old bed to
be retained--Two classes of work--Frauds by Contractors--Form for
Contracts forwarded from Brownsville--Report and Estimate called
for by the Senate--The law of Congress renders a change of plan
necessary--The Secretary of War greatly interested in the
Road--Cumberland to Frostburg._
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 apply the
funds available for the Cumberland Road east of the Ohio, with the
utmost despatch consistent with the public interest. It is greatly to be
desired that the repairs of this road may be completed before the
termination of the coming fall.
I am, &c .,
C. GRATIOT,
Brigadier General.
Capt. R. Delafield,
Corps of Engineers, New Castle, Del.
CUMBERLAND, Md., July 23, 1834.
_Sir_: I beg leave to call your attention to the act of the Legislature
of Maryland, giving its consent to change the location of the National
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, 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. * * *
Respectfully, your obedient servant,
RICH'D DELAFIELD,
Captain of Engineers.
Brig. Gen. Charles Gratiot,
Chief Engineer.
CUMBERLAND, July 24, 1834.
_Sir_: I have just finished comparing the numerous offers 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 letter of yesterday.
Respectfully, your obedient servant,
RICH'D DELAFIELD,
Captain of Engineers.
Brig. Gen. Charles Gratiot,
Chief Engineer.
ENGINEER DEPARTMENT.
WASHINGTON, July 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 requirements 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 superstructure 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 23d
and 24th instant, on the subject, which are at hand.
I am, &c.,
C. GRATIOT.
Capt. R. Delafield,
Corps of Engineers. Cumberland, Md.
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 first is to retain, in all cases, the old bed or pavement, breaking
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
be 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 outside of such increased
side road.
The second alteration is, to have the whole work done by contract,
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 that
the stone be delivered and broken on the side roads in rectangular 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 ascertain 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 indiscriminately. 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 permitting
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 quarry; a mean rate 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, you will make contracts to grade, 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 road by the
1st of November, then he is to preserve the grade 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 succeeding
1st 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 "on edge," a very
common practice, destructive of good masonry. The covering stone to be
of such additional dimensions as you shall judge necessary for each
locality. The bottoms of the culverts to be 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
that already executed, particularly in regard to the size and quality of
the stone, paying for it by the perch measured 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, specifying 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 culverts
and some of the bridges must be finished in time, including the filling
to make good the roadway, to permit the contractor for grading to comply
with his agreement. The usual one-fifth of the value of work done being
retained until the expiration of the time for completing the whole work,
when this sum is to 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 through
which I shall make your remittances, taking duplicate receipts 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 ascertained
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 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 Brownsville, 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 particular 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 repairs consist
principally in grading the road over the old bed, cleaning out the
ditches and drains, restoring the side roads to their width of five 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 attached to
the articles of agreement 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 ascertain
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 instance permit a
measurement of stone to be made without having previously 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 angles
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: i 1st. Diminishing the size and altering
the angle of the gauge.
2d. Loosening the pile 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.
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.
6th. Removing the prepared metal from one point to another after it has
been measured.
7th. Taking metal from the face of the road, of the first 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 delivered,
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 paying for
stone perches before breaking. No corrective offers for 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 has been fully and
faithfully complied with, are the best securities against fraudulent
practices.
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 probably be required.
Respectfully, your obedient servant,
RICH'D DELAFIELD,
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 road, 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 service, 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 repairs of
the Cumberland Road, 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 repairs
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 of the
bridges to be finished by the 15th of October, with proposals of the
terms for finishing the same work by the 30th day of June, 1835.
"The form of a contract has also been forwarded to you 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, be cautious to suit the same to your particular division, as
to distance, &c., &c. Mile sections are desirable for subdividing 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 consequence, be given to make the phraseology
of the instrument conform with the facts of the case.
"Hereafter, you will commence and continue your weekly reports to me.
Apprise me of the date you limit the reception of proposals, that I
may be with you at the time.
"RICH'D DELAFIELD, Captain of Engineers."
The instructions to the officer of the third division required him
to provide 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 officers of the
several 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 department
of the 9th instant.
Respectfully, your obedient servant,
RICH'D DELAFIELD,
Captain of Engineers.
Brig. Gen. Charles Gratiot,
Chief Engineer.
REPORT AND ESTIMATE FOR THE CUMBERLAND ROAD EAST OF THE OHIO, UNDER A
RESOLUTION OF THE SENATE OF THE UNITED STATES, CALLING FOR THE
CONDITION OF THE MASONRY, 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 repairs 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.
To conform with the provisions of the law, 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
throughout, 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 parapets 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 Dunlap'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 rods,
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 covered 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 sixteen 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 of metal on nine miles and
two hundred and sixteen rods.
To make this a permanent and substantial road, such that the heavy
transportation wagons shall not force their wheels through the metal
into the bed, not less than the original contemplated thickness of three
strata of three inches each, or the same number of strata of three
perches and a half of stone each, appears sufficient. That three inches
of metal will not suffice to bear up the travel passing over this road,
is proved by the experience of the last two years. Nor will six inches
answer the purpose on all parts of the road, during a long or continued
wet spell of weather, when, from absorption alone, the solidity and
contiguity of the metal has become weakened and lessened. On the crests
of the hills it will be solid, with a thickness of six inches, when, in
the valley and grades under one degree, the evidence of its
insufficiency are apparent. Nothing less than the three strata of three
inches each has been found sufficient; the last stratum being unequally
applied according to the firmness and dryness, and the slope or grade of
the bed. Such was judged necessary for a Macadam road from Cumberland to
Wheeling, and the results tend to confirm the necessity of a thickness
of nine inches on an average, to secure the object contemplated by the
instructions of the Chief Engineer.
The condition of the masonry on the whole line of the road is in an
unfinished state, so far as regards many of the parts upon which repairs
have been commenced; and where nothing had been done toward repairing
the bridges, many of their side-walls or parapets are in a dilapidated
state, or torn down to the level of the roadway. In repairing the road
under the last act of Congress, no more masonry was undertaken than the
construction of culverts to drain the road, and repairing such parts as
were necessary to perfect the roadway twenty feet in width; all other
parts were left in the unfinished and decayed state in which they were
when the appropriation of the year caused an abandonment of further
repairs to this part of the work.
To carry into effect the repairs originally contemplated, and to secure
the uniform strength throughout the whole line of the road equivalent to
nine inches of metal, the following sums will be necessary, after
applying the means now on hand, and which are pledged for the work
commenced and contracted for in July last.
By reference to the annexed statement, it will be perceived the price
per perch for delivered stone prepared as metal on the road varies from
ninety-three cents to $2.50, and is stated for each section throughout
the whole line of the road. Three quarries supply upward of twenty miles
of the road, there being none nearer or accessible. Quarries of the best
limestone are numerous and not remote from the road between Wheeling and
the eastern base of Laurel hill; from thence to Frostburg they are few
in number, situated in deep ravines, and remote from the road; from
Frostburg to Cumberland they are comparatively numerous and of easy
access. It will be seen that the price agrees with the difficulty of
procuring the stone, and in the ratio above stated, from ninety-three
cents to $2.50 per perch.
CHAPTER XII.
_Gen. Lewis Cass, Secretary of War, transmits a Report--More about the
Wooden Bridges for the New Location near Cumberland--The War
department thinks they will do--John Hoye stoutly Objects--The
Governor of Maryland takes a hand against Wooden Bridges--John Hoye
to the Front Again--The Pennsylvania Commissioners make another
demand that the Road be put in Repair._
WAR DEPARTMENT, January 3, 1835.
_Sir_: Herewith I have the honor to transmit a report from the Chief
Engineer, which furnishes the information called for by the resolution
of the House of Representatives of the 12th ultimo, respecting the
Cumberland Road east of the Ohio.
Very respectfully, your most obedient servant,
LEW. CASS.
Hon. John Bell,
Speaker of the House of Representatives.
* * * * *
ENGINEER DEPARTMENT,
WASHINGTON, January 3, 1835.
_Sir_: I have the honor to hand you the information called for by the
House of Representatives on the 12th ultimo, relating to the Cumberland
Road east of the Ohio,
And remain, sir, very respectfully, your obedient servant,
C. GRATIOT,
Chief Engineer.
The Hon. Lewis Cass,
Secretary of War.
* * * * *
ENGINEER DEPARTMENT,
WASHINGTON, July 28, 1834.
_Sir_: In making the repairs of the Cumberland Road east of the Ohio
river, it was deemed expedient, in the fall of 1832, to change that part
of the old location which is immediately west of Cumberland, in the
State of Maryland, for the purpose of turning Wills hill. By this an
abrupt rise of several hundred feet would be avoided. A survey,
preparatory to this change, was made, and the result submitted to
Congress, in the session of 1832-'33; the proposed change was
authorized, and the location, as exhibited on the drawing of the survey,
adopted. This change of location involved the construction of a bridge
over the mill-race in the town of Cumberland, and another over Wills
creek, as well as other bridges of minor importance, with several
culverts. The Legislature of the State of Maryland passed an act giving
assent to the change in question, with the proviso, however, "that the
part of the road embraced in this change should be made of the best
material, upon the Macadam plan, and that a good, substantial stone
bridge should be made over the mill-race, in the town of Cumberland, 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."
In the estimates which were prepared, and submitted at the commencement
of the last session of Congress for its action, the sum proposed for the
completion of the repairs of the entire road from Cumberland to the Ohio
river, contemplated the erection of the bridges on the new location, in
conformity to the requirements of the law of Maryland just referred to.
But, as is known to you, more than one-half of this sum was stricken
from the bill, which embodied the whole amount of the estimate. The act
appropriating the remainder requires that the whole of the repairs shall
be completed for this diminished sum. Under these circumstances, it
becomes necessary to change the plan upon which it was proposed to
execute the work, and the object of this communication is to ascertain
the extent to which the department may be allowed to carry this change
on the new part of the road embraced by the law of Maryland. If the
bridges alluded to be built of stone, the expense will be much greater
than the sum allotted to that section would bear: whereas, if the
abutments be built of stone, and the superstructure of wood, the same
ends would be attained as would result from bridges built entirely of
stone, but the letter of the Maryland law would be departed from. Good
wooden superstructures, well covered and painted, would last, with a
little care, at least forty years, and perhaps longer. To abandon this
new location, and return to the old road, would be to sacrifice a large
amount of money already expended on the former, which is now in a state
of forwardness, and would soon be finished. Besides, a bridge must, in
any event, be constructed over Wills creek, and every consideration of
convenient and easy traveling conspires to render its location on the
new line of the road desirable.
The officer charged with the repairs of the road is now engaged in
giving out the work to contract, and making other arrangements necessary
to a speedy application of the funds. It is, therefore, very desirable
that an early decision may be had of this question, and it is
accordingly respectfully requested.
I have the honor to be, &c.,
C. GRATIOT, Brig. Gen.
Hon. Secretary of War.
* * * * *
I approve of the course recommended by General Gratiot with
regard to the bridges--the abutments to be of stone, and the superstructure
of wood--believing that such a course would be deemed by
Maryland a substantial compliance with the law, under the circumstances
of the case.
JOHN FORSYTH,
Act. Sec'y of War.
July 28, 1834.
* * * * *
CUMBERLAND, August 5, 1834.
_Sir_: I was this day informed that the bridge across Wills creek, on
the new location of the Cumberland 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, passed 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 Cumberland,
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
Cumberland object, grows, of necessity, out of existing
circumstances; 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 Cumberland 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., Cumberland, Md.
* * * * *
EXECUTIVE DEPARTMENT,
ANNAPOLIS, September 10, 1834.
_Sir_: By an act of the General Assembly, passed 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 Cumberland 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 Cumberland, 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 Cass,
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
Cumberland, 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. CASS.
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 Cumberland Road, in the State of Maryland, I have the
honor to submit the following statement: