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Act to Erect Toll Gates on the Cumberland Road and the Monroe Veto

Last Update: Feb. 8, 2011

An Act For the Preservation and Repair of the Cumberland Road. - May 3, 1822 (Source)

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 cause to be erected, on the national road leading from Cumberland, in the State of Maryland, to the river Ohio, so many toll houses, gates, and turnpikes, as, in his opinion, will be necessary and sufficient to collect the duties and tolls hereinafter mentioned, from all persons traveling on the same, to be erected at such places as he may determine; Provided, That the number of such gates and turnpikes shall not exceed twelve, nor be less than six; and that such gates and turnpikes shall be erected at a distance not less than ten miles from each other.

Sec. 2. And be it further enacted, That, as soon as the said gates and turnpikes shall be erected, the President of the United States is hereby authorized to appoint, or cause to be appointed, toll-gatherers, to demand and receive, for passing the said turnpikes, the tolls and rates hereinafter mentioned, who may stop any person riding, leading, or driving, any horses, cattle, hogs, sheep, sulky, chair, chaise, phaeton, cart, wagon, sleigh, sled, or other carriage of burden or pleasure, from passing through the said gates or turnpikes, until they shall respectively have paid the same, that is to say: For every space of twenty miles in length of the said road, the following sums of money, and so in proportion for any greater or lesser distance, to wit: For every score of sheep or hogs, six and a quarter cents; for every score of cattle, twelve and a half cents; for every led or drove horse, one cent; for every horse and rider, ax and a quarter cents; for every sleigh or sled, for each horse and ox drawing the same, three cents; for every dearborn, sulky, chair, or chaise, with one horse, twelve and a half cents; for every chariot, coach, coachee, stage wagon, phaeton, chaise, or dearborn, with two horses and four wheels, eighteen and three-quarter cents; for either of the carriages last mentioned, with four horses, twenty-five cents. For every other carriage of pleasure, under whatever name it may go, the like sum, according to the number of wheels and hones drawing the same. For every cart or wagon, whose wheels do not exceed the breadth of four inches, six and one-fourth cents for each horse or ox drawing the same. For every cart or wagon, whose wheels shall exceed in breadth four inches, and not exceeding six inches, three cents for every horse or ox drawing the same; and every other cart or wagon, whose wheels shall exceed six inches, shall pass the said gates free and dear of toll: Provided, That the President of the United States may authorize the superintendent of the road to commute the rates of toll with any person, or persons, by taking of him or them a certain sum annually, in lieu of the tolls aforesaid : And provided, also, That nothing in this act shall be construed so as to authorize any tolls to be received or collected from any person passing to or from public worship, or to or from his common business on his farm or woodland, or to or from a funeral, or to or from a mill: And provided further, That no toll shall he received or collected for the passage of any wagon or carriage laden with the property of the United States, or any cannon or military stores belonging to the United States, to any of the States composing this Union, or any person or persons on duty in the military service of the United States, or the militia of any of the States.

Sec. 3. And be it further enacted, That the said toll-gatherers shall settle their accounts quarterly with the superintendent of the road, and at all other rimes when thereunto required, and shall, at all times, pay over to him, on demand, the amount of tolls by them collected; and it shall be his duty to account for the same with the Secretary of the Treasury, once in each year, and quarterly, if required. And the said superintendent and toll-gatherers shall govern themselves by the rules and regulations which the President of the United States may from time to time prescribe.

Sec 4. And be it further enacted, That the amount of tolls, after deducting therefrom the expenses and charges of collection, shall be applied, under the direction of the President of the United States, to the repairs and preservation of said road, in such manner, and under such regulations, as he may from time to time prescribe, and to no other purpose whatever.

Sec. 5. And be it further enacted, That directors shall be erected at proper and convenient situations, to caution all conductors or drivers of carriages on the road aforesaid, that they shall at all times pass on the left of each other, under the penalty of three dollars for every offense.

Sec 6. And be it further enacted, That the President of the United States is hereby authorized to increase or diminish the tolls established by this act, in case it should be found upon trial that the sum collected is more, or less, than is necessary to keep the said road in repair; and to increase or lessen the tolls from time to time, on any particular kind of traveling or transportation, so as to preserve an equitable scale of rates, and to increase or diminish the tolls at such seasons of the year as he may direct: Provided, however, That the items of tolls shall not, at any time, be increased to more than double the rates herein established and allowed.

Sec 7. And be it further enacted, That if any of the toll gatherers shall unreasonably delay or hinder any passenger or traveler, at any of the gates, or shall demand or receive more toll than is by this act established, he shall, for each and every such offense, forfeit and pay, to the party so aggrieved, the sum of ten dollars.

Sec. 8. And be it further enacted, That if any person who shall use the said road, shall, with a view to evade the payment of the tolls required by this act, leave the said road, and go round the said gates, every such person shall, for every such offense, forfeit and pay to, and for the use of, the United States, the sum of twelve dollars.

Sec. 9. And be it further enacted, That the toll gatherers on the said road shall, respectively, receive compensation for their services at the rate of twelve per cent, on the amount of tolls by them respectively collected: Provided, That the annual compensation of any toll gatherer shall never exceed the sum of three hundred and fifty dollars, nor shall the same be less in any one year than one hundred and twenty dollars; and in case of any deficiency in the amount collected by any toll gatherer, below the sum of one hundred and twenty dollars, the residue shall be paid out of the tolls collected at the other gates on the said road.

Sec. 10. And be it further enacted, That, for repairing the Cumberland road, the sum of nine thousand one hundred and ninety-four dollars and twenty-five cents, (being an unexpended balance of money appropriated by act of third March, one thousand eight hundred and nineteen, for completing the same,) be, and is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated : Provided, however. That all expenditures arising under this act, or connected with the support or repair of said road, beyond the sum herein appropriated, shall be defrayed out of the tolls collected under said acts, and from no other fund.
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In the Senate - May 2, 1822 (Source)

The bill authorizing the erection of toll gates on the Cumberland road, and making an appropriation of 9000 dollars for the repair of said road, was read the third time.

Mr. Barbour rose, and, in an able speech, supported the bill—he argued the constitutionality as well as the expediency of M.; supporting the power by the grants of tne states to complete, establish and regulate the mad and the latter by the great utility of it, &c. Mr. King, of N. Y. followed, and said he had never entertained a doubt of the right of congress to appropriate money for roads and canals. &c

The question was then taken on the passage of the bill, and was decided in the affirmative,
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Pres. James Monroe Veto of  “An act for the preservation and repair of the Cumberland road,” - May 4, 1822 (Source)

To the House of Representatives:
Having duly considered the bill entitled "An act for the preservation and repair of the Cumberland road," it is with deep regret, approving as I do the policy, that I am compelled to object to its passage and to return the bill to the House of Representatives, in which it originated, under a conviction that Congress do not possess the power under the Constitution to pass such a law.

A power to establish turnpikes with gates and tolls, and to enforce the collection of tolls by penalties, implies a power to adopt and execute a complete system of internal improvement. A right to impose duties to be paid by all persons passing a certain road, and on horses and carriages, as is done by this bill, involves the right to take the land from the proprietor on a valuation and to pass laws for the protection of the road from injuries, and if it exist as to one road it exists as to any other, and to as many roads as Congress may think proper to establish. A right to legislate for one of these purposes is a right to legislate for the others. It is a complete right of jurisdiction and sovereignty for all the purposes of internal improvement, and not merely the right of applying money under the power vested in Congress to make appropriations, under which power, with the consent of the States through which this road passes, the work was originally commenced, and has been so far executed. I am of opinion that Congress do not possess this power; that the States individually can not grant it, for although they may assent to the appropriation of money within their limits for such purposes, they can grant no power of jurisdiction or sovereignty by special compacts with the United States. This power can be granted only by an amendment to the Constitution and in the mode prescribed by it.

If the power exist, it must be either because it has been specifically granted to the United States or that it is incidental to some power which has been specifically granted. If we examine the specific grants of power we do not find it among them, nor is it incidental to any power which has been specifically granted. It has never been contended that the power was specifically granted. It is claimed only as being incidental to some one or more of the powers which are specifically granted. The following are the powers from' which it is said to be derived:

First, from the right to establish post-offices and post-roads; second, from the right to declare war; third, to regulate commerce; fourth, to pay the debts and provide for the common defense and general welfare; fifth, from the power to make all laws necessary and proper for carrying into execution all the powers vested by the Constitution in the Government of the United States or in any department or officer thereof; sixth and lastly, from the power to dispose of and make all needful rules and regulations respecting the territory and other property of the United States.

According to my judgment it can not be derived from either of those powers, nor from all of them united, and in consequence it does not exist.

Having stated my objections to the bill, I should now cheerfully communicate at large the reasons on which they are founded if I had time to reduce them to such form as to include them in this paper. The advanced stage of the session renders that impossible. Having at the commencement of my service in this high trust considered it a duty to express the opinion that the United States do not possess the power in question, and to suggest for the consideration of Congress the propriety of recommending to the States an amendment to the Constitution to vest the power in the United States, my attention has been often drawn to the subject since, in consequence whereof I have occasionally committed my sentiments to paper respecting it. The form which this exposition has assumed is not such as I should have given it had it been intended for Congress, nor is it concluded. Nevertheless, as it contains my views on this subject, being one which I deem of very high importance, and which in many of its bearings has now become peculiarly urgent, I will communicate it to Congress, if in my power, in the course of the day, or certainly on Monday next.

JAMES MONROE.
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From the Abridgment of the Debates of Congress (Source)
Tuesday May, 8, 1822

On motion of Mr. Trimble, the several orders of the day were postponed for the purpose ; and the House proceeded to the reconsideration of the bill, entitled "An act for the preservation and repair of the Cumberland Road," which was returned to this House by the President of the United States on the 4th instant, with the objections which appear upon the Journal of the 4th instant,...

Mr. Bassett, with a view to such a consideration of the subject as its importance appeared to him to require, moved to refer the bill and objections to a Committee of the Whole; but the House refused to commit the bill.

Mr. Wright expressed in strong terms his approbation of the Message of the President, particularly on the ground that, to impose a toll on this particular road, while other roads were free, would be an unequal and oppressive tax, &c. He was, however, in favor of keeping this road in repair at the expense of the United States. The question was then taken, "Shall this bill pass, notwithstanding the objections of the President of the United States ?"...

Two-thirds of all the members being required to carry this question, and a majority having voted against it, it was of course not carried ; and the bill was rejected.


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