16th Congress, 1st Session

Chap. CXXIII.— An Act to authorize the appointment of commissioners to lay out the road therein mentioned, (Source)

Whereas, by the continuation of the Cumberland road from Wheeling in the state of Virginia, through the states of Ohio, Indiana, and Illinois, the lands of the United States may become more valuable—

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to appoint three impartial and judicious persons, not being citizens of any of the states aforesaid, to be commissioners, and, in case of the death or resignation of any of them, to appoint other and like persons in their place, who shall have power carefully to examine the country, between Wheeling, in the state of Virginia, and a point on the left bank of the Mississippi river, to be chosen by said commissioners, between St. Louis and the mouth of the Illinois river, and to lay out a road from Wheeling aforesaid, to the point so to be chosen on the left bank of the river Mississippi; the said road to be on a straight line, or as nearly so as, having a due regard to the condition and situation of the ground and water-courses over which the same shall be laid out, shall be deemed expedient and practicable. And said commissioners shall have power to employ able surveyors, chain-bearers, and other necessary assistants, in laying out said road ; and so much of the lands of the United States as may be included within the same, shall be, and is hereby, reserved and excepted from the sales of the public lands. The said road to be eighty feet wide, and designated by marked trees, stakes, or other conspicuous monuments, at the distance of every quarter of a mile, and at every angle of deviation from a straight line. And the said commissioners shall cause to be made, and delivered to the President of the United States, an accurate plan of said road, so laid out by them as aforesaid, with a written report of their proceedings, describing therein the state lines crossed,and the marks, monuments, courses, and distances, by which the said road shall be designated; describing also, the water-courses, and the nature and quality of the ground over which the same shall be laid out; they shall, moreover, divide said road into sections of not more than ten, nor less than five, miles long, noticing the materials that may be used in making, and giving an estimate of the expense of making, each section of the road aforesaid.

Sec. 2. And be it further enacted, That the commissioners, surveyors, chain-bearers, and other necessary assistants, to be appointed in pursuance of this act, shall severally take an oath, or affirmation, faithfully and diligently to perform their respective duties, and shall receive, in full compensation for their services and expenses, each commissioner six dollars, each surveyor three dollars, and each other necessary assistant one dollar, for each day in which they shall be necessarily employed in the service aforesaid : Provided always, and it is hereby enacted and declared, That nothing in this act contained, or that shall be done in pursuance thereof, shall be deemed or construed to imply any obligation on die part of the United States to make, or to defray the expense of making, the road hereby authorized to be laid out, or of any part thereof.

Sec. 3. And be it further enacted, That ten thousand dollars, to be paid out of any money in the treasury not otherwise appropriated, be, and are hereby, appropriated to defray the expense of laying out the road aforesaid.

Approved, May 15, 1820.

17th Congress, 2nd Session

Chap. XVII.— An Act appropriating moneys for the purpose of repairing the public road from Cumberland to Wheeling. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of twenty-five thousand dollars, of moneys in the treasury not otherwise appropriated, be, and the same is hereby, appropriated for the purpose of repairing and improving the public road from Cumberland to Wheeling, under the direction of the President of the United States.

Sec. 2. And be it further enacted, That, for the faithful and speedy accomplishment of this object, the President, with the advice of the Senate, shall appoint some fit person as superintendent of the said road, whose duty it shall be, with all practicable dispatch, to contract for, and personally superintend, the execution of the repairs and improvements which shall be deemed necessary on the said road, as well as to receive, disburse, and faithfully account with the treasury, for the sums of money which may be received by him in virtue of this act.

Sec. 3. And be it further enacted, That the superintendent, so to be appointed, shall, before he enters upon the discharge of the duties enjoined by this act, execute [a] bond to the United States, with security, to be approved of by the Secretary of the Treasury, conditioned for the faithful discharge of his duties, enjoined by this act; he shall hold his office during the pleasure of the President, and shall receive, as a compensation for his services, the sum of three dollars per day, during the time he may be employed in the discharge of the duties enjoined by this act.

Approved, February 28, 1823.

18th Congress, 2nd Session

Chap. XCVIII.— An Act for the continuation if the Cumberland road. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of one hundred and fifty thousand dollars, of moneys not otherwise appropriated, be, and the same is hereby, appropriated for the purpose of opening and making a road from the town of Canton, in the state of Ohio, on the right bank of the Ohio river, opposite the town of Wheeling, to the Muskingum river, at Zanesville, in said state; which said sum of one hundred and fifty thousand dollars shall be replaced out of the fund reserved for laying out and making roads under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, Illinois, and Missouri, into the Union, on an equal footing with the original states.

Sec. 2. And be it further enacted, That, for the immediate accomplishment of this object, the President, with the advice of the Senate, shall appoint some fit person as the superintendent of said road, whose duty it shall be, under the direction of the President, to divide the same into sections of not more than ten miles each ; to contract for and personally superintend the opening and making the said road, as well as to receive, disburse, and faithfully account with the treasury for all sums of moneys by him received in virtue of this act.

Sec. 3. And be it further enacted, That the superintendent shall not be interested, directly, or indirectly, in the avails, of any contracts so to be made by him as aforesaid: That he shall, before he enters upon the discharge of the duties enjoined by this act, execute a bond to the United States, with security, to be approved of by the Secretary of the Treasury, conditioned for the faithful discharge of his duties prescribed by this act: That he shall hold his office during the pleasure of the President, and shall receive at the rate of fifteen hundred dollars per annum for his services, during the time he may be employed in the discharge of the duties required by this act.

Sec. 4. And be it further enacted, That the President of the United States be, and he is hereby, authorized and empowered to appoint one impartial and judicious person, not being a citizen of either of the states through which the road hereinafter mentioned, shall pass, to be a commissioner; and, in case of the death, resignation, refusal to act, or any disability of any such commissioner, to appoint another in his stead, who shall have power, according to the provisions of the act, entitled " An act to authorize the appointment of commissioners to lay out the road therein mentioned," approved, May the fifteenth, one thousand eight hundred and twenty, to complete the examination and survey heretofore commenced by virtue of the provisions of said act, and to extend the same to the permanent seat of government of the state of Missouri; the said road to conform, in all respects, to the provisions of the said recited act, except that it shall pass by the seat of government of the states of Ohio, Indiana, and Illinois, and the said commissioner and the person employed under him, shall receive the same compensation for their services, respectively, as is allowed by the said recited act, Provided, however, That the said road shall commence at Zanesville, in the state of Ohio: and to defray the expense thereof, the sum of ten thousand dollars is hereby appropriated, out of the appropriation made by the first section of this act.

Approved, March 3, 1825.

19th Congress, 2nd Session

Chap. XLIV.— An Act for the preservation of the Cumberland road, (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of thirty thousand dollars be, and is hereby, appropriated for the purpose of repairing the public road from Cumberland to Wheeling, under the direction of the President of the United States, to be paid out of any money in the public treasury not otherwise appropriated.

Sec. 2. And be it further enacted, That the President of the United States be, and he is hereby, authorized to appoint some suitable person to superintend the repairs to be made on said road, whose compensation, to be paid out of the sum appropriated by this act, shall be fixed by the President of the United States.

Approved, March 2,1827.

20th Congress, 1st Session

Chap. LVI.— An Act making appropriations for the improvement of certain harbours, the completion of the Cumberland road to Zanesville, the securing the lighthouse on the Brandywine Shoal, and the making of surveys. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, to wit:

For the completion of the Cumberland road, continued to Zanesville, in the state of Ohio, one hundred and seventy-five thousand dollars: (a) which said sum of money shall be replaced out of the fund reserved, for laying out and making roads, under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, Illinois, and Missouri into the Union, on an equal footing with the original states.

May 19, 1828

20th Congress, 2nd Session

Chap. XXX.— An Act for the construction of the Cumberland road, westwardly of Zanesville. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of one hundred thousand dollars, of any money not otherwise appropriated, be, and the same is hereby appropriated, for the purpose of opening and making the Cumberland road, westwardly from Zanesville, in the state of Ohio; which said sum of one hundred thousand dollars shall be replaced out of the fund reserved for laying out and making roads, under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, Illinois, and Missouri, into the union on an equal footing with the original states.

Sec . 2. And be it further enacted, That, for the immediate accomplishment of this object, the second and third sections of the act, entitled "An act for the continuation of the Cumberland road," that passed the third of March, eighteen hundred and twenty-five, which authorize the appointment, prescribe the duties, and fix the compensation of a superintendent of said road, shall be in force, and apply to the construction of the road authorized by this act.

Approved, March 2, 1829.

20th Congress, 2nd Session

Chap. LIV— An Act for the preservation and repair of the Cumberland road. (Source)

Be it enacted by the Senate and House of Representatives of the United Cumberland States of America, in Congress assembled, That the sum of one hundred thousand dollars be, and the same is hereby granted, to be paid out of any moneys in the treasury not otherwise appropriated, to the purpose of repairing bridges, walls, and other works, on the Cumberland road, east of Wheeling, where the same may be necessary, in the judgment of the superintendent, for the purpose of putting the said road in repair, and the said superintendent shall be appointed by the President of the United States, and shall receive the same compensation as the superintendent of the said road west of Wheeling.

Approved, March 3,1829.

21st Congress, 1st Session

Chap. CCXXXII.— An Act making appropriations for examinations and surveys, and also, for certain works of internal improvement. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, viz:

...Sec. 2. And be it further enacted, That the sum of one hundred thousand dollars be, and the same is hereby appropriated for the purpose of opening, grading, and making the Cumberland road, westwardly of Zanesville, in the state of Ohio; and that the sum of sixty thousand dollars be, and the same is hereby, appropriated for the purpose of opening, grading, and bridging the Cumberland road, in the state of Indiana, commencing at Indianapolis, and progressing with the work to the eastern and western boundaries of said state; and that the sum of forty thousand dollars be, and the same is hereby, appropriated for the purpose of opening, grading, and bridging the Cumberland road, in the state of Illinois; which said sums shall be paid out of any money not otherwise appropriated, and replaced out of the fund reserved for laying out and making roads, under the direction of Congress, by the several acts passed for the admission of states of Ohio, Indiana, Illinois, and Missouri, into the Union, on an equal footing with the original states.

Sec. 3. And be it further enacted, That for the immediate accomplishment of these objects, the superintendents heretofore appointed, or hereafter to be appointed in the states of Ohio, Indiana, Illinois, shall, under the direction of the President of the United States, faithfully execute the work, and disburse the money, giving bond and security as he shall direct, and receiving such compensation as in his opinion shall be equitable and just, not exceeding to each that heretofore allowed bylaw to the superintendent of the Cumberland road in the state of Ohio.

Sec. 4. And be it further enacted, That the sum of fifteen thousand dollars be, and the same is hereby, granted, for claims due and remaining unpaid at the treasury, on account of the Cumberland road, east of Wheeling, to be paid out of any money in the treasury not otherwise appropriated. I approve this bill, and ask a reference to my communication to Congress of this date, in relation thereto.

ANDREW JACKSON.
Approved, May 31, 1830.

21st Congress, 2nd Session

Chap. LXIII.— An Act for the continuation of the Cumberland road in the states March 2, 1831. of Ohio, Indiana, and Illinois. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of one hundred thousand dollars be, and the same is hereby, appropriated, for the purpose of opening, grading, and making the Cumberland road, westwardly of Zanesville, in the state of Ohio; and that the sum of nine hundred and fifty dollars be, and the same is hereby, appropriated for repairs on the said road during the year one thousand eight hundred and thirty; and also the further sum of two thousand seven hundred dollars to be expended under the directions of the Secretary of War, in completing the payments to individuals for work heretofore done on the Cumberland road, east of Zanesville, in the state of Ohio, under the directions of the superintendent of said road, or so much of said sum as may be found necessary for that purpose; also for the payment of arrearages for the survey of the said road from Zanesville to the capital of Missouri, two hundred and sixty-five dollars and eighty-five cents; and that the sum of seventy-five thousand dollars be, and the same is hereby appropriated, for the purpose of opening, grading and bridging the Cumberland road, in the state of Indiana, including a bridge over White river, near Indianapolis, and progressing with the work to the eastern and western boundaries of said state; and that the sum of sixty-six thousand dollars be, and the same is hereby appropriated, for the purpose of opening, grading, and bridging the Cumberland road, in the state of Illinois; which sums shall be paid out of any money not otherwise appropriated, and replaced out of the fund reserved for laying out and making roads under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, and Illinois into the Union, on an equal footing with the original states.

Sec. 2. And be it further enacted, That, for the immediate accomplishment of these objects, the superintendents heretofore appointed, or hereafter to be appointed, in the states of Ohio, Indiana, and Illinois, shall, under the direction of the President of the United States, separately superintend, in a faithful manner, such parts of said road as may be designated to each, and disburse the money, each giving bond and security as he shall direct, and shall receive such compensation as, in his opinion, shall be equitable and just, not exceeding to each, that heretofore allowed by law to the superintendent of the Cumberland road, in the state of Ohio.

Approved, March 2, 1831.

22nd Congress, 1st Session

Chap. CLIII.— An Act making appropriations for certain internal improvements July 3, 1832. for the year one thousand eight hundred and thirty-two. (Source)

Be it enacted by the Senate and House of Representatives of the United Appropriations. States of America, in Congress assembled, That the following sums be appropriated for the purpose of making the improvements hereinafter enumerated, viz:

For repairs of the Cumberland road east of the Ohio river, and other needful improvements on said road, to carry into effect the provisions of an act of the General Assembly of Pennsylvania, entitled " An act for the preservation and repair of the Cumberland road," passed the fourth day of April, one thousand eight hundred and thirty-one; and of an act of the General Assembly of the state of Maryland, entitled " An act for the preservation and repair of that part of the United States' road within the limits of the state of Maryland," passed the twenty-third day of January, one thousand eight hundred and thirty-two, to which said acts the assent of the United States is hereby given, to remain in force during the pleasure of Congress, the sum of one hundred and fifty thousand dollars, to be expended under the direction of the War Department, under the superintendence of an officer of the engineers; and which said acts are hereby directed to be printed and appended to the laws of the present session of Congress.

For continuing the Cumberland road in the state of Ohio, west of Zanesville, one hundred thousand dollars.

For continuing the Cumberland road in the state of Indiana, including the erection of bridges over the east and west branches of White Water, and other small streams, with a view to bring the road into immediate use, one hundred thousand dollars.

For continuing the Cumberland road in the state of Illinois, seventy thousand dollars.

Which sums shall be paid out of any money in the treasury not otherwise appropriated, and replaced out of the fund reserved for the laying out and making of roads under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, and Illinois, into the Union, on an equal footing with the original states.

Sec. 2. And be it further enacted, That so much of the second section of the act for the continuation of the Cumberland road, approved March third, one thousand eight hundred and twenty-five, as authorizes the President, with the advice of the Senate, to appoint a superintendent thereof, be, and the same is hereby, repealed, and that the work in the state of Ohio be continued by the War Department, under the superintendence of an officer of engineers.

Approved, July 3, 1832.

22nd Congress, 2nd Session

Chap. LXIX.— An Act making appropriations for carrying on certain works heretofore commenced for the improvement of harbors and rivers, and, alto, for continuing and repairing the Cumberland road, and certain territorial road. (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums of money be, and the same are hereby, appropriated for carrying on or completing certain works and roads heretofore commenced, to be paid out of any money in the treasury not otherwise appropriated.

For repairing the Cumberland road east of the Ohio, one hundred and twenty-five thousand dollars.

For continuing the Cumberland road in Ohio, west of Zanesville, one hundred and thirty thousand dollars.

For continuing the Cumberland road in the state of Indiana, one hundred thousand dollars.

For continuing the Cumberland road in Illinois, seventy thousand dollars.

For repairs of the Cumberland road in Virginia, thirty-four thousand four hundred and forty dollars.

Sec. 2. And be it further enacted, That the Secretary of War be, and he is hereby, authorized, by and with the approbation of the President of the United States, to change the location of the route of the Cumberland road, near Cumberland and Wills' mountain, according to the survey and report there on of Captain Delafield, of the corps of engineers.

Approved, March 2, 1833.

23rd Congress, 1st Session

Chap. LXVIII.— An Act for the continuation and repair of the Cumberland road, (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of two hundred thousand dollars be, and the same is hereby appropriated, for the purpose of continuing the Cumberland road in the state of Ohio; also, that the sum of one hundred and fifty thousand dollars be, and the same is hereby appropriated, for continuing the Cumberland road in the state of Indiana; and that the sum of one hundred thousand dollars be appropriated for continuing said road in the state of Illinois; which sums shall be paid out of any money not otherwise appropriated, and replaced out of the fund reserved for laying out and making roads under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, and Illinois into the Union, on an equal footing with the original states.

Sec. 2. And be it further enacted, That an officer of the corps of engineers, to be selected by the Department of War, shall be charged with the disbursements of the moneys appropriated for the construction of the Cumberland road through the states of Indiana and Illinois; and that said officer shall have, under the direction of the engineer department, a general control over the operations of the said road, and over all persons employed thereon: Provided, That no percentage shall be allowed to such officer for disbursing moneys appropriated for the construction of said road.

Sec. 3. And be it further enacted, That for the entire completion of repairs of the Cumberland road, east of the Ohio river, and other needful improvements on said road, to carry into effect the provisions of an act of the General Assembly of Pennsylvania, entitled " An act for the preservation and repair of the Cumberland road," passed the fourth day of April, one thousand eight hundred and thirty-one; and of an act of the General Assembly of the state of Maryland, entitled " An act for the preservation and repair of that part of the United States road, within the limits of the state of Maryland," passed the twenty-third day of January, one thousand eight hundred and thirty-two; also, an act of the General Assembly of Virginia, entitled " An act concerning the Cumberland road," passed February the seventh, one thousand eight hundred and thirty-two ; the sum of three hundred thousand dollars be, and the same is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated, to be expended under the direction of the Secretary of War: the money to be drawn out of the treasury in such sums, and at such times as may be required for the performance of the work.

Sec. 4. And be it further enacted, That as soon as the sum by this act appropriated, or so much thereof as is necessary, shall be expended in the repair of said road, agreeably to the provisions of this act, the same shall be surrendered to the states, respectively, through which said road passes: and the United States shall not thereafter be subject to any expense for repairing said road.

Approved, June 24, 1834.

23rd Congress, 2nd Session

Chap. XXXI— An Act for the continuation and repair of the Cumberland road in the states of Ohio, Indiana, and Illinois, (Source)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of two hundred thousand dollars be, and the same is hereby, appropriated, for the purpose of continuing the Cumberland road in the state of Ohio; also that the sum of one hundred thousand dollars be, and the same is hereby, appropriated, for continuing the Cumberland road in the state of Indiana; which sums shall be paid out of any money not otherwise appropriated, and replaced out of the fund reserved for laying out and making roads under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, and Illinois into the Union, on an equal footing with the original states.

Sec. 2. And be it further enacted, That for the entire completion of repairs of the Cumberland road, east of the Ohio river, and other needful improvements on said road, to carry into effect the provisions of an act of the general assembly of Pennsylvania, entitled " An act for the preservation and repair of the Cumberland road," passed the fourth day of April, one thousand eight hundred and thirty-one, and of an act of the general assembly of the state of Maryland, entitled " An act for the preservation and repair of that part of the United States' road within the limits of the state of Maryland," passed the twenty-third day of January, one thousand eight hundred and thirty-two; also an act of the general assembly of Virginia, entitled " An act concerning the Cumberland road," passed February the seventh, one thousand eight hundred and thirty-two; the sum of three hundred and forty-six thousand one hundred and eighty-six dollars and fifty-eight cents be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, to be expended under the direction of the Secretary of War.

Sec. 3. And be it further enacted, That before any portion of the sum by the second section of this act appropriated, shall be expended in the repair of said road, east of the Ohio river, agreeably to the provisions of this act, the same shall be surrendered to and accepted by the states, respectively, through which said road passes; and the United States shall not thereafter be subject to any expense in relation to said road.

Passed, March 3, 1835.