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, andwoodensuperstructures. 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 providethat 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., untilthe 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 assistantengineer 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 masonryof 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 thefourthdivision 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.
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 changewas 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,July 28, 1834.Act. Sec’y of War.
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:
In applying the money appropriated by Congress at the session of 1831 and ’32, for the repairs of the Cumberland Road east of the Ohio river, it was deemed highly important to change the location of that part of the road immediately west of Cumberland to turn Wills mountain, as, by that means, a rise of several hundred feet, within a few miles, would be avoided. A survey was accordingly made, and submitted to Congress, and the change was approved. The State of Maryland assented, provided the part of the road embraced in the change should be “made of the best materials, upon the Macadam plan, and that a good and substantial stone bridge should be made on the mill-race, in the town of 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.”
Estimates were prepared last fall for the entire completion of the repairs of the road from Cumberland to the Ohio. These estimates, which contemplated the construction and erection of bridges, in strict conformity with the law of Maryland giving her consent to the change of location, were submitted to Congress at the commencement of its recent session, and amounted to six hundred and fifty-two thousand one hundred dollars. Full and ample explanations accompanied these estimates, so there could have been no misunderstanding respecting them. A bill of appropriation was introduced, embracing their entire amount. This amount, after much discussion, was reduced to less than one-half, to-wit: $300,000, and the bill became a law, containing a section which requires that as soon as the sum of $300,000, or as much thereof as is necessary, shall be expended on the road agreeably to the provisions of this act, the same shall be surrendered to the States, respectively, through which the road passes; “and the United States shall not thereafter be subject to any expense for repairing said road.” Under these circumstances, it was plain that the system of repairs upon which the estimates were predicated couldnot be executed, and a change became necessary. The stone bridges referred to in the law of Maryland constituted a heavy item in the estimates, and it was entirely out of the question to build them without absorbing more of the appropriation than the absolute requirements of other sections of the road would admit. There being no obligation to finish the new location further than that imposed by the very great advantage resulting from its adoption, the question arose whether it would be best to abandon it, and return to the old road or not. After adopting every expedient, consistent with a faithful execution of the law, to diminish the expenses on other portions of the road, it was found that a sufficient sum would be left to construct this new portion of the best material, on the Macadam plan, and to build the abutments and piers of all the bridges on it of good stone, and in the best manner, provided the superstructures were made of wood. This was the best that could be done; and when it was considered that these superstructures, being made of the best materials, would, when covered and well painted, last, with a little care, from thirty to forty years, it was recommended to the acting Secretary of War, during your absence, to adopt them in preference to surrendering all the benefits that will result from the new road. The acting Secretary, considering that the approval of the measure would, under this state of things, be a substantial compliance with the law of Maryland, directed instructions to that effect to be issued to the superintendent of the road, which was accordingly done.
With great respect, &c.,By order:WM. H. C. BARTLETT,Lieut. and Assist. to Chief Engineer.
The Hon. Secretary of War.
Cumberland, December 12, 1834.
Sir: As one of the commissioners appointed by the Legislature of Maryland to report to the Governor and Council of said State when that part of the National Road within the limits of this State shall have been repaired agreeably to the provisions of the law of the State agreeing to receive that part of the road lying within the limits of this State; and a further act of the Legislature of Maryland, authorizing the President of the United States to change the location of a part of said road within the limits of Maryland, the change of location was authorized to be made on certain and positive conditions that the bridges over Wills creek and Braddock’s run should all be permanent stone bridges; and the road to be constructed with the best materials, on the Macadam plan (see the law of Maryland, passed December session, 1832, chapter 55). The plan of the bridges has been changed by the superintendent to wooden bridges, in direct violation of the engagements with this State. The President had no right to change the location of the road, unless the law of this State authorizing the change was fully complied with.
The “metal” on the new location is not more than three and a half inches, and every wagon that passes over it, when the road is wet, cuts entirely through the stone, and turns up the clay. I am advised that there is a part of the road, fourteen miles west of Cumberland, which has had but three and a half inches of metal put on it over the original pavement. I am gratified to have it in my power to state that, from observation, and the best information I have been able to collect, the last appropriation for the road has been most judiciously expended. I believe that it is the first that has been well laid out.
I must say that we cannot report in favor of this State receiving the road until the permanent stone bridges are erected, and the road in that state of repair contemplated by the law.
I beg leave to refer you to my letter to General C. Gratiot, dated in August last, which, with my communication to his excellency James Thomas, Governor of Maryland, a copy of which, I presume, he communicated to your department during the last summer, you will please to consider a part of this communication. I should have addressed you at an earlier period, but was prevented by severe indisposition.
I remain, with respect, your most obedient,JOHN HOYE.
Hon. Lewis Cass,Secretary of War, Washington City.
November17, 1834.
Sir: The undersigned commissioners, appointed by the Governor of Pennsylvania to erect gates and superintend the collection of tolls on the Cumberland Road “after it shall be put in a good state of repair by the United States,” respectfully represent:
That, from a full and careful examination of the subject, they are satisfied that they are not authorized, by the terms of the law under which they are appointed, to accept the road from the United States, or erect gates for the collection of tolls, until provision is made by Congress for completing the repairs on the plan already adopted by the agents of the United States, and sanctioned by several appropriations to carry it into effect. Without this it is evident that a considerable portion of the road, which has received but a single stratum of stone, will be left in a condition so weak and imperfect as soon to become again totally impassable for a considerable portion of the year.
The law of Pennsylvania expressly requires that, before the road is accepted by the Commissioners, it must be put in good and complete repair by the United States. To this act and all its provisions, Congress, on the 3d of July, 1832, gave its assent; an appropriation was made, and a plan of repair was accordingly adopted by the agents of the government, and two subsequent appropriations made by Congress to carry this plan and compact into effect. The complete repair of the road is made by the compact a condition precedent to be performedby the United States. It is not performed, as appears by the report of the agents of the United States, and, until it is, the Commissioners appointed by the State cannot be justified in accepting the road or exacting tolls. Besides, it is evident that the tolls established, even if raised to the maximum, will be totally inadequate to the preservation and repair of the road, unless first put in a state of complete and substantial repair. This, a statement of a single fact will fully demonstrate. It appears by a report lately received from the superintendent of that part of the road which lies between Hagerstown and Cumberland, that the tolls there collected amount to $312 per mile per annum; of this $45 is required to pay gate keepers and superintendents, leaving $267 for repairs. The tolls on that part of the road are more than three times as high as those proposed on this, so that the amount of tolls applicable to the repair of this road will not exceed $89 per mile per annum, a sum barely sufficient to preserve the road after it is put in the best possible state of repair. The undersigned do not presume to prescribe a plan of repair; they are satisfied with that adopted and partly executed by the agents of the United States; and they now distinctly declare and pledge themselves, that so soon as Congress shall appropriate the sum required by the Secretary of War to complete the repair of the road on the plan adopted in his report at the last session, we will, with all possible despatch, proceed to erect the gates, and relieve the United States from all further charge or expense on account of said road, after the appropriation so made shall be expended.
Very respectfully, your most obedient servants,THOMAS ENDSLEY.DANIEL DOWNER.WILLIAM F. COPLAN.STEPHEN HILL.BENJAMIN ANDERSON.
Hon. Lewis Cass,Secretary of War.
Note.—The bridges near Wills creek were in the end built of stone.