Читать книгу The Old Pike - Thomas B. Searight - Страница 12

Table of Contents

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.