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Pennsylvania Acts to Accept Ownership of the Cumberland Road From the Federal Government, 1831 & 1835

Last Update: May 13, 2011

ACT OF PENNSYLVANIA.
An act for the preservation and repair of the Cumberland road. (Source)

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,

Sec 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 the 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 said 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, alto, 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. And be it further enacted by the authority aforesaid, That, for the purposes of keeping so much of the said road in repair as lies within the state of Pennsylvania, and paying the expenses of collection, and other incidental expenses, the commissioners shall cause to be erected, on so much of the said 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, phaeton, 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, for every space of fourteen miles in length on said road, the following sums of money ; and so, in proportion, for every greater or lesser distance ; the rates of toll to be collected at each gate shall be the following, to wit: for every score of sheep or hogs, six cents; for every score of cattle, twelve cents; for every led or drove horse, three cents; for every horse and rider, four cents ; for every sleigh or sled, for each horse or pair of oxen, drawing the same, three cents ; for every dearborn, sulky, chair, or chaise, with one horse, six cents ; for every chariot, coach, coachee, stage, wagon, phaeton, chaise, or with two horses and four wheels, twelve cents; for either of the carriages last mentioned, with four horses, eighteen cents; for every other carriage of pleasure, under whatever name it may go, the like sum, according to the number of wheels and horses drawing the same; for every cart or wagon, whose wheels shall exceed two and a half inches in breadth, and not exceeding four inches, four cents for every horse or pair of oxen drawing the same ; and every other cart or wagon, whose wheels shall exceed four inches, and not exceeding five inches in breadth, three cents for every horse or pair of oxen drawing the same ; and for every other cart or wagon, whose wheels shall exceed six inches, and not more than eight inches, two cents for every horse or pair of oxen drawing the same ; all other carts or wagons, whose wheels shall exceed eight inches in breadth, shall pass the said gates free of tolls : Provided, That the commissioners appointed by the first section of this act may 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 or persons passing or re-passing from one part of his farm to another, or to or from a mill, or to or from any place of public worship, funeral, militia training, elections, or from any student or child going to or from any school, or seminary of learning, or from persons and witnesses going to and returning from courts: And provided further, That no toll shall be 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, or to any of the states composing this Union.

Sec 3. And be it further enacted by the authority aforesaid, That the said commissioners shall appoint proper and suitable persons as toll-gatherers, who shall settle their accounts quarterly with the commissioners, and at all other times, when thereunto required ; and shall, at all times, pay over to them, on demand, the amount of tolls by them collected ; and it shall be the duty of the said commissioners, to render annually, to the court of quarter sessions of the respective counties through which the road passes, an account of the tolls received and expenses incurred on said road, on oath or affirmation, and publish the same in one or more newspapers in each county, through which tho road passes; and they shall each receive a compensation of two dollars per day, for every day that they shall be engaged on tho business of said road: Provided, That the annual compensation to anyone commissioner shall not exceed the sum of one hundred dollars.

Sec. 4. And be it further enacted by the authority aforesaid, That the amount of tolls after deducting therefrom the expenses and charges of collection, and compensation of commissioners, shall be applied, under the direction of the commissioners, to the repairs and preservation of said road, in such manner, and under such regulations, as they may from time to time prescribe, and to no other purpose whatever; and the said commissioners shall have power to increase or diminish the rates of toll: Provided, That the same shall at no time be increased beyond the rates of toll established by an act entitled "An act authorizing the governor to incorporate a company for making an artificial road, from the bank of the river Susquehanna, opposite the borough of Harrisburg, to Pittsburgh," passed the twenty-fourth day of February, one thousand eight hundred and six.

Sec. 5. And be it further enacted by the authority aforesaid, That directors shall be set up 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 two dollars for every offense.

Sec. 6. And be it further enacted by the authority aforesaid, That if any of the toll-gatherers shall unreasonably delay, or hinder, any passenger or traveller at any of the gates, or shall demand or receive more toll than may be established under this act, he shall, for each and every offense, forfeit and pay to the party so aggrieved the sum of twenty dollars.

Sec. 7. And be it further enacted by the authority aforesaid, That, if any person or persons shall willfully and of purpose throw down or otherwise injure any of the walls, bridges, culverts, or other works on said road, or shall otherwise willfully injure or obstruct the passage of the said road unnecessarily, the person or persons so offending shall forfeit and pay for every such offense any sum not less than five, or more than fifty dollars, to be collected and applied as is directed in the ninth section of this act.

Sec. 8. And be it further enacted by the authority aforesaid, That the toll-gatherers on said road shall, respectively, receive compensation for their services, at the rate of twelve per centum on the amount of tolls by them, respectively, collected: Provided, That the annual compensation of any toll-gatherer shall never exceed the sum of two hundred dollars.

Sec 9. And be it further enacted by the authority aforesaid, That the penalties and forfeitures which may be incurred under this act shall and may be sued for and recovered in the name of the commissioners of the road, without naming them as individuals, or of any person prosecuting for the same; the one moiety thereof to the use of the commonwealth, the other to the person so prosecuting for the same, before any magistrate or court having jurisdiction in like cases.

Sec 10. And be it further enacted by the authority aforesaid, 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 anywise defeat or affect the true intent and meaning of this act.

Approved, April 4, 1831.

Under the act of Congress, ceding to Pennsylvania that part of the Cumberland road which is within the state, and the act of Pennsylvania accepting the surrender, a carriage, whenever it is carrying the mail, must be held to be laden with the property of the United States, within the true meaning of the compact; and consequently exempted from payment of toll. Searight v. Stokes, 3 Howard, 151.

But this exemption does not apply to any other property conveyed in the same vehicle; nor to any person travelling in it; unless he is in the service of the United States, and passing along in pursuance of orders from the proper authority. Ibid.

Nor can the United States claim an exemption for more carriages than are necessary for the safe, speedy, and convenient carriage of the mail. Ibid.
* * * *

Pennsylvania ACT of 1st April, 1835.

A Supplement to an act for the preservation and repair of the Cumberland road. (Source)

11. Sect. I. It shall be the duty of the supervisors of highways of the several townships in the counties of Somerset, Washington and Fayette, through which the Cumberland road passes, to make or cause to be made, a paved valley or stone culvert, where any state, county or township roads shall intersect the said Cumberland road, so as to admit the free passage of water along the side of the same.

12. Sect. II. If any person shall drive a wagon, coach or other carriage, either fast or rough locked, or shall drag any log or piece of timber upon said road, except farmers hauling logs for the use of their farms, and when it shall be covered with ice, or shall stand any wagon, coach, or other carriage, over night, or for the purpose of feeding, or shall in any manner purposely obstruct the travelling upon the same, he shall forfeit and pay a sum not exceeding five dollars, to be recovered and applied as is directed by the ninth section of the act to which this is a supplement.

13. Sect. III. The surrender by the United States of so much of the Cumberland road as lies within the state of Pennsylvania, is hereby accepted by this state; and the commissioners to be appointed under this act are authorized to erect toll-gates on the whole or any part of said road, at such times as they may deem it expedient and proper to do so.

14. Sect. IV. The toll-gatherers shall keep an accurate account of all moneys received by them, and when required by the commissioners, shall make out a statement of the same under oath or affirmation.

15. Sect. V. Each of the commissioners, before entering upon the performance of his duties, shall give a bond to the commonwealth, in the penal sum of three thousand dollars, with security, to be approved by one of the judges of the courts of Common Pleas of Somerset, Fayette or Washington counties, conditioned for the faithful performance of their respective duties.

16. Sect. VI. The governor of this commonwealth is hereby authorized to appoint two commissioners, who shall have the authority conferred and perform the duties, and be subject to the responsibilities, imposed upon the commissioners appointed under the act of the fourth April, one thousand eight hundred and thirty-one; and they shall each receive a compensation of two dollars per day for every day they shall be necessarily engaged on the business of said road: Provided, That the annual compensation of each commissioner shall not exceed, for the first year, from the time of entering upon his duties, the sum of four hundred dollars, and for each subsequent year three hundred dollars; and the commissioners appointed in pursuance of this act shall be removeable by the governor, who shall have power to fill any vacancy which may occur in consequence of death, resignation or removal.


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