(A) Henry McKinley Contract

Articles of agreement made and concluded on the eighth day of May, in the year of our Lord one thousand eight hundred and eleven, between Henry McKinley, of Maryland, of the one part, and Albert Gallatin, Secretary of the Treasury, in behalf of the United States, on the other part.

Whereas, the said Henry McKinley has agreed for, and in consideration of, the payments hereinafter mentioned, to make and complete in a workmanlike manner a certain part of the road leading from Cumberland, in the State of Maryland, to Brownsville, in the State of Pennsylvania, as the same has been laid out and confirmed, in pursuance of the act entitled "An act to regulate the laying out, and making a road from Cumberland, in the State of Maryland, to the State of Ohio," and of the act entitled "An act in addition to the act, to regulate the laying out and making a road from Cumberland, in the State of Maryland to the State of Ohio," which part of the road thus contracted for by the said Henry McKinley, and hereinafter described, is to be made and completed by the said Henry McKinley, in the following manner, and on the following conditions, that is to say:

The trees to be cut down and cleared the whole width of sixty-six feet, according to the fourth section of the act above mentioned; the slumps to be grubbed, and the bed of the road to be levelled thirty feet in width; the hills to be cut down, the earth, rocks, and stones, to be removed, the hollows and valleys, and the abutments of all the bridges and culverts, to be filled, so that the whole of the road on the aforesaid width of thirty feet, to be reduced in such manner, that there shall not in any instance be an elevation in said road when finished, greater than an angle of five degrees with the horizon, nor greater than the gradation fixed by the commissioners who laid out the road, and so that the surface of the said road shall be exactly adapted to the marks or stakes, made or to be made, by the person appointed superintendent for the said road by the President of the United States.

Where the earth is to be raised, the sides are to slope at an angle not exceeding thirty degrees, the base or bottom part thereof to be of such width as to secure to the road a complete surface of thirty feet in width; a proper allowance to be made for the settling of made earth, according to the directions of the superintendent; and no stumps, logs, or wood of any kind, to be permitted in the filling. In all situations on sides of hills or otherwise, where it may be necessary to fill, but where the nature of the ground wilt not, in the superintendent's opinion, admit filling with such slope as above mentioned, and where side walls will be built at the expense of the United States, the contractor is to fill four additional foot in breadth, so as to give thirty-four feet surface to the road.

Where the hills are cut through, or the road dug along the side of a hill, the bank or banks to be cut of such slope as will be necessary to prevent the earth from falling or slipping in upon the said surface of thirty feet. But in those places where, from the steep ascent of the side of the hill, to cut with such slope would be impracticable, and where the superintendent may cause side walls to be built to support the bank at the expense of the United States, the bank may, with his permission, be cut perpendicular or with a greater angle. The superfluous earth to be removed to the next filling, and there spread, so as to increase the breadth of the road equally on each side, from the commencement of the filling to the end of it, unless otherwise permitted or directed by the superintendent. What may be deficient, in order to fill the hollows, to be dugout of the aforesaid thirty feet, or from the banks in such a way as to increase the width of the road equally through the nearest culling, unless otherwise permitted or directed by the superintendent. Nor in any instance, the earth to be dug without such permission or direction, more than one foot below the surface of the pavement, within the aforesaid breadth of sixty-six feet.

A ditch or water course to be left or made on each side of the said surface of thirty feet, and contiguous thereto; but where the road is dug along the side of a hill, having an ascent exceeding thirty degrees, the ditch along the side of the hill may be dug within the width of the thirty feet, so that the surface of the road, including the said ditch, shall, in such cases, be only thirty feet in breadth. The ditches are in every instance to be of such breadth and depth as the superintendent shall direct, and valleys or sewers above the surface of the ground, necessary to give vent to the waters on the side of the hills, to be made in all parts where, and in such manner, as shall be designated by the superintendent.

The road to be covered twenty feet in width, with stone eighteen inches in depth in the middle, and diminishing to twelve inches at the sides; the upper six inches thereof, to be broken to such a size that each particle thereof will pass through a ring of three inches in diameter, and the remaining or lower stratum to be broken so as to pass through a seven-inch ring. No stones to be used for said pavement but such as may be approved of; provided, they are within one mile on an average, from the part of the road where they may be wanting, and particular pains to be taken to select the best for the upper six inches.

In all cases, where bridges or culverts arc built, the pavement to extend twelve inches deep from the extremity of the aforesaid breadth of twenty feet to each side wall, the whole length of said walls; for which additional pavement the contractor shall, in addition to the price stipulated in the articles of agreement, hereto annexed, receive an allowance at the rate of one dollar for every fifty superficial square feet of such additional pavement.

The whole of the said artificial stratum of broken stones to be made in a compact manner, and to be supported on each side by good and solid shoulders, and its surface to be formed as smooth and even as may be, and of such convexity as the superintendent may direct. Each grade of the road to be perfectly levelled, brought to the proper degree, and approved, before any stones are put on the same; and the lower stratum of stones passing through a seven-inch ring, is then to be put on, levelled and approved, before the upper stratum of stones, passing through a three inch ring, is put on.

In every instance the contractor to find, at his own expense, the stones wanted for the pavement, and for his work on the road, but to be allowed, in addition to the price stipulated as hereinafter stated in the articles of agreement, at the rate of half a dollar for each perch in length of the road, where he shall be obliged to pay the owners of the adjacent farms for such stones.

The side roads, on each side of the pavement, to be dug as low and deep in the cut parts of the road, and particularly through the rock, as the superintendent may direct; and the filling of such side roads, where the same is necessary, to be raised as high as may be directed by the superintendent.

No contractor is to interfere with the stones of the contractors for adjacent sections of the road; for which purpose a line at right angles with the road, at the end of each section, will be considered as dividing the right to stones by each contractor, unless otherwise directed by the superintendent on account of a want of stones within the limits of any one section. Masons, or other persons, who may contract with the United Stales for the building of bridges, culverts, walls, or any other species of mason's work on the road, to be permitted by the contractor to take and select such stones, within his division, as such mason or other person may think proper, and to haul the same along the parts of the road levelled by the contractor, or elsewhere, to the place where such stones may be wanted, without any interruption.

Wherever the new road meets with, or runs along the course of any other road heretofore used, a sufficient width of road to be kept open for wagons and all kinds of carriages, to pass and repass without delay or interruption, whilst the new road is making.

The contractor shall not in any instance let or transfer his contract, or any part thereof, to any other person without the superintendent's consent; and in every instance, where such subcontract may be made, the price per perch to be allowed to such subcontractor shall be fixed, with the said superintendent's approbation, and shall be paid by him to such subcontractor, out of the first moneys which may become due to the principal contractor, according to the provisions for payment stipulated in the articles of agreement.

The contractor shall not employ any workmen or laborers, who commit depredations in the neighborhood, or insult the travellers; and he shall, on the application of the superintendent, immediately discharge any workman or laborer in his employ.

The contractor shall commence working on this station at the end nearest to Cumberland, unless a deviation in that respect be assented to by the superintendent.

Now, this agreement made and concluded on the 8th day of May, 1811, between the said Henry McKinley, of the one part, and Albert Gallatin, Secretary of the Treasury, in behalf of the United States, of the other part, witnesseth, that the said Henry McKinley, for his heirs, executors, and administrators, does hereby covenant, promise, and agree with the said Albert Gallatin as aforesaid, that he, the said Henry McKinley, shall and will, well and faithfully, and in a workmanlike manner, on or before the 1st day of August, 1812, make, finish, and complete in the manner, and on the conditions herein before mentioned, all that part of the road above mentioned, which is designated by the name of the "first section," beginning at Cumberland, in Maryland, and ending at a place on said road two miles and two hundred and forty-six perches distant from said Cumberland. In consideration whereof, the said Albert Gallatin, for and in behalf of the United States as aforesaid, doth hereby covenant, promise, and agree, to and with the said Henry McKinley, his executors, and administrators, that the said United Stales shall and will, for doing and performing the work aforesaid, well and truly pay, or cause to be paid, to the said Henry McKinley, his executors, or administrators, at the rate of twenty-one dollars and twenty-five cents for each and every perch in length of said road in the following manner, viz: when forty perches in length of said road are finished, and approved by the superintendent, the United States will pay to the said Henry McKinley, for twenty perches; and after that, they will pay him on the completion of every twenty perches for the said twenty perches; at all times reserving the amount due for the first twenty perches, until the whole of the section hereby contracted for shall have been finished and completed to the satisfaction of the superintendent, agreeably to contract, when the balance due shall be paid to the said Henry McKinley. And the said Henry McKinley, for himself, his heirs, executors, and administrators, further covenant and agree with the said Albert Gallatin, Secretary of the Treasury, for and in behalf of the United States, that, in case the said Henry McKinley shall not well and truly, from time to time, comply with and perform all the covenants and conditions herein before slated and stipulated on his part to be done, performed, and complied with, in the manner and form, and within the time herein before mentioned; or, in case it should appear to the Secretary of the Treasury, for the time being, or to the superintendent of the road for the United States, that the work does not progress, and go on with sufficient speed, so as to be finished and completed in the time herein specified, that then the foregoing agreements on the part of the United States, and every part thereof, shall become null and void; and the United States shall be at liberty, and have full right and authority, any thing herein to the contrary notwithstanding, to employ and set to work, or to contract with any person or persons whomsoever, in the place and stead of the said Henry McKinley, and without any interruption or interference whatsoever from him, the said Henry McKinley, his executors, or administrators.

In witness whereof, the said Albert Gallatin, Secretary of the Treasury, in behalf of the United States, hath hereunto subscribed his name, and affixed the seal of the Treasury; and the said Henry McKinley has hereunto set his hand and seal, the day and year first before mentioned.

ALBERT GALLATIN, Secretary of the Treasury,
HENRY McKINLEY.
Signed, sealed, and delivered, in the presence of George Bruce, John Rive, M. Wallace.

Approved: JAMES MADISON.

(B) Extract of a letter from David Shriver, Jr., to (Albert Gallatin) the Secretary of the Treasury, dated
Westminster, January 14, 1812.

I hope the enclosed report will be found such as was required. Should any part be found improper, I will thank you to return it to me, at this place, with your remarks; or should it be thought best that I should again attend at the city, you will please direct me: my reason for pointing out the probable cost of the ten miles is, that Congress might know what sum would complete the road to any particular point.

The small sum wanting, in addition to the balance that will remain unexpended, to enable them to make the road across Meadow mountain to Tomlinson's, (which would be eleven miles in addition,) Congress ought to give. The road then would be very, beneficial to the public; whereas, if we stop at the end of seventeen or eighteen miles, it will be of little or no service, ending in a wilderness instead of a settlement, and in a tolerable level country, where persons from various points might travel to it This small sum would likewise enable us to keep the hands, now on the work, in employ; a great number of them have families* and have moved on the work at considerable expense, which has, in a number of instances, been paid by the contractors, and the poor people, yet indebted some of them considerably, should they be obliged to leave the work, it would, in my opinion, be difficult to gather them again.

The Legislature of this State has passed a law to establish a bank at Cumberland. The stock is to be subscribed on the 1st of April next. This bank will remove one difficulty, which has always been an important one with me.

I shall leave this place for the road as soon as there is any prospect of being able to go on with the work.

To the Hon. Albert Gallatin,
Secretary of the Treasury of the United States.
January 14, 1812.

Sir:

It being required by law that a statement should be submitted to Congress at each session, I have considered it my duty to give a concise view of the progress and present state of the Western road under my superintendence, with such additional observations as arose out of the subject.

The levelling and shaping the bed of the road is complete (with a few exceptions) for about five miles; the stone for the pavement laid on a greater part thereof, and about four miles broken so as to be nearly complete. Such being the present state of the work, the probability is that the ten miles will be completed within the time limited by contract, (the 1st of August next.)

The expense of mason-work, bridging, lime, &&c, cannot at present be exactly. ascertained, but is expected, when added to the contracts, will make the entire cost of these ten miles about $75,000.

Should it be finally determined to roll the road, and gravel or sand it, the cost will be, in addition to the above amount, rolling about thirty dollars per mile, gravelling or sanding (where either of those articles can be conveniently had) about one dollar per perch in length of the road.

The whole of my attention being absolutely required on the work in band, I have not been enabled to acquire sufficient information of the next ten miles so as to speak with precision, but have viewed the location, and made such an estimate as circumstances would admit, by which it appears that the expense will be nearly the same.

No alteration or addition to the law has suggested itself, as absolutely necessary, except some provision for keeping the road in repair, after it shall be received from the contractors; for on turnpikes which pass over a more level surface, that have time to settle and become firm, and on which constant repairs are made, it has, notwithstanding, been found difficult, at certain seasons of the year, to keep them in good order. The present road passing over ground so broken, subject to the wash of large quantities of water discharged from steep valleys adjoining, as well as the operations of the seasons upon it in its green and unsettled state, and the great use which, from its local situation, will immediately be made of ii, will, when taken into view together, present to the mind the state in which it will very soon be,' if left to the free and unrestrained use of all, without attention and without repair.

I would respectfully suggest the propriety of demanding such a toll as will be sufficient to keep it in good and perfect order.

I am, &c.

DAVID SHRIVER, Jr.

[Note.—See report No. 317.]

12th Congress. - 1st Session.
No. 317. CUMBERLAND ROAD.

COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, APRIL 14, 1812.

Mr. Morrow, from the, committee to whom was referred the message of the President of the United States, of the 1st ult., transmitting a report and letter concerning the proceedings under the act entitled "An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," and also a petition from a number of the inhabitants of the western counties of the State of Pennsylvania, praying that an appropriation may be made for the purpose of erecting a bridge over, the Youghiogheny at the place where the new road crosses the said river, made the following report:

That two subjects are suggested by the said message, which require legislative provision, viz: the, appropriation of $30,000 for completing the said road to Tomlinson's, where the old and new roads meet, and the granting authority to levy toll sufficient to keep the said road in repair.

The reasons assigned in favor of such provisions, by the report and letter communicated by the message, are, in the opinion of the committee, sufficient to show the expediency of the measure; they, therefore, refer the House to these documents.

It is proper, however, to state that the appropriations already made for the objects have exceeded the moneys produced by the fund pledged to defray the expense of the said road, which will appear by a letter from the Treasury Department, accompanying this report. That circumstance, as also the present state of the public finances, the necessity arising out of the existing crisis in the national concerns, for applying the public resources to objects of security and defence, have been duly considered, and whatever ground of objection to the proposed measure these considerations may afford, the committee are of opinion, nevertheless, that the advantages the public would derive from an immediate extension of the new road to where it will intersect with the old are sufficient to justify the appropriation.

They are of opinion that an appropriation for erecting a bridge over the Youghiogheny river would be improper at this time, because by law, the superintendent, in making the road, has power to deviate from the original survey, only that the road shall pass through the principal points established; if then, a bridge should be erected over the said river, that place must necessarily become fixed as a point to which the road must lead, and being many miles in advance of the parts of the road contracted for, might prove inconvenient in the further prosecution of the work. The committee respectfully submit the following resolutions:

Resolved, That $30,000, in addition to the sums Heretofore appropriated, and reimbursable by the same fund, shall be appropriated for making the road leading from, Cumberland to Brownsville.

Resolved, That provision be made for the levying of toll sufficient to keep the same in repair.

Resolved, That it is inexpedient to appropriate money for erecting a bridge over Youghiogheny river on the said road.

13th Congress. - 2nd Session
No. 357. CUMBERLAND ROAD.

COMMUNICATED TO THE SENATE, JANUARY 24, 1814.

Mr. Smith, from the committee to whom was referred the report of the Secretary of the Treasury, containing a statement of proceedings under the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, report:

That the act for the admission of the State of Ohio into the Union has appropriated five per cent. of the net proceeds of the land laying within that State, and sold by Congress, (from and after the 30th day of June, 1802,) to the lying out and making roads leading from the navigable waters emptying into the Atlantic, to the river Ohio, and through the said State of Ohio; and by a subsequent law, passed the 3d of March, 1803, Congress appropriated three of the said five per cent. to laying out and making roads within the State of Ohio, leaving two per cent. unexpended; which two per cent. was, by an act passed the 29th of March, 1806, appropriated to the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio; that, under the said act, the President of the United States was authorized to appoint three commissioners to lay out the said road. It appears that commissioners were appointed, and that the road has been laid out by them agreeably to their instructions; and it also appears, by the letter of Mr. David Shriver, (the superintendent of the road,) contained in the report of the Secretary of the Treasury, that the making of the said road is progressing as fast as could reasonably be expected; that the whole of the work contracted for is thirty-nine miles, of which twenty-eight miles may be considered as nearly finished; that a stone bridge of eighty feet span over the Little Youghiogheny river is nearly completed.

It also appears that the thirty-nine miles contracted for bring the road to the Big Youghiogheny; from thence to where it will intersect the old road is eleven miles, which your committee think ought to be completed.

The committee find that a turnpike road from Baltimore, extending sixty miles in a direct line towards Cumberland, has been completed, and that the banks of Maryland have, for valuable considerations, agreed to construct a turnpike road from Conococheague creek to Cumberland; so that there is a well founded expectation that a turnpike road from Baltimore to Cumberland will be completed before the road from thence to the Ohio can be finished.

The committee find that Congress have appropriated in advance of the fund of two per cent at different times, $287,320.25.

The committee submit the following estimate and statement, which they think may be considered tolerably correct, to wit:

From this view of the subject the committee are of opinion that the fund appropriated for the making the said road is fully adequate to the object.

The effect of an appropriation, during the present session of Congress, for any portion of this work, will be only to authorize the Treasury to make contracts during the present year for carrying it on. Very little, if any money will be drawn from the Treasury, except for completing the contracts already made, until the year 1816.

The committee are of opinion that an appropriation ought to be made to enable the Treasury to make contracts to carry the new road to where it will intersect the road now travelled on, and sufficient for the constructing of a stone bridge over the Big Youghiogheny; for which purpose they submit a bill.

13th Congress. - 3d Session.
No. 381. CUMBERLAND ROAD.

COMMUNICATED TO THE SENATE, JANUARY 24, 1815.

Report No. 381 is a duplicate of Report No. 357 above.

14th Congress. - 1st Session,
No. 403. CUMBERLAND ROAD.

COMMUNICATED TO THE SENATE, MARCH 13, 1816.

To the Senate and House of Representatives of the United States; March 12, 1816,

I lay before Congress a report of the Secretary of the Treasury,,containing a statement of proceedings under the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, with a statement of past appropriations, and an estimate of required appropriations.

JAMES MADISON.

Treasury Department, March 1, 1816.

The Secretary of the Treasury has the honor to lay before the President of the United States the annual report of David Shriver, Jr., the superintendent of the western road from Cumberland to the river Ohio.

The Secretary, having respectfully submitted to the President propositions for accelerating the completion of this great national work, deems it proper, upon the present occasion, to add the following statement and estimates of the appropriations which have been made, and which will be required for that purpose.

All which is respectfully submitted.

A. J. DALLAS, Secretary of the Treasury.

(To:) The Hon. A. J. Dallas.
Cumberland, December 30,1816.

Sir:

In my last report of the progress of the western road, I stated that twenty-eight miles had been nearly completed. At the same time, we have in a similar situation upwards of thirty-five miles, and on the remaining three miles, (which complete the distance to the Big Youghiogheny river,) the contractor is now engaged. The state of the road is substantially as follows:

The 1st, 2d, 3d, 4th, 5th, 6th, 7lh, 8th, and 11th sections are finished, embracing a distance of twenty-three miles. The 9th, 12th, 13th, and 14th sections, about eight miles in length, are so near completion as to have admitted travellers upon it for some time past. The 10th and 15th sections (about four and a half miles) are in a state of considerable forwardness, and on the 16th and 17th sections (about three and a half miles) the work is progressing. The mason work upon the whole road to the end of the 17th section (Big Youghiogheny river) has been finished, the accounts adjusted and paid. The contractors on that part of the road last let out, to the end of about forty-seven miles from this place, have made considerable progress, and, from present appearances, I conclude they will be enabled to finish the work within the time specified in their contracts, by which time I confidently believe the whole of the turnpike east of the Big Youghiogheny river will be finished, if it be not sooner.

The contractors for the bridge to be built over the Big Youghiogheny river have commenced the undertaking. They have obtained a rock foundation for the west abutment, about fifteen to eighteen feet below the surface of low water, and have raised the abutment to the ordinary height of the water, in the river. This is the chief part of what has been done, except providing materials for recommencing the ensuing season.

The repairs made the past summer upon the first six sections (comprising about sixteen miles) have cost $1,200. These repairs have rendered the road nearly as perfect as when first made. Early next summer a considerable extent of road will be received from the contractors, when the expense of repairs will be much increased, and when it appears to me essential that some regular plan be adopted, as well with a view of keeping the road in perfect order, as to diminish the probable expenditures by the timely application of a remedy.

If this great national undertaking does not progress with a rapidity equal to the wishes of Government or the anxiety of individuals, the cause may be easily traced to their primitive sources, without involving the crimination of any one. The two most prominent of these I shall proceed to name - the inefficiency of the existing mode of letting out contracts, and the very inadequate supply of hands. To the last of these causes is mainly chargeable the tardy completion of that which is now finished, and the incomplete state of some of those sections which are of the old letting. A road thus made by contract may and must frequently get into the hands of men without adequate means, but with every disposition to fulfill their engagements; they are desirous of doing the work, underbid others, and perhaps contract for what will be an eventual loss to them. The consequences are, the retarding the work by the failure of the contractor; the hands lose their wages, and are thus deterred from labor, and in a manner driven from the road. Then, again, contractors, in order to obtain the work, are obliged to do it so low that they cannot offer any advance of price to the laborers, be the demand for them ever so pressing. Thus, men who prefer lighter labor, also prefer the labor of the farm; consequently, the work drags on heavily, and the contractors fail to perform their engagements in the specified time.

I am sensibly alive to the importance of a speedy completion of the road, but have no hope of accomplishing this object under the present system of contracting. If rapidity be desired by Government, a plan more likely to produce that effect, in my estimation, would be to abandon the mode of separate contracts altogether, and substitute day labor. In this way, rapidity of execution would be combined with faithfulness in performance. All inducements to fraud or deception would be done away; and, from my experience in very extensive repairs on other work, in which from two to three hundred men were employed, I do believe the work could be done better, certainly with more speed, and with a considerable saving of time, and perhaps of money. The effect of the organization of the whole number of laborers under one efficient head, aided and assisted by the subalterns, may readily be conceived, by making the comparison with a properly organized military force. By this organization, the vigorous and salutary hand of public authority is immediately felt in the security for the prompt payment of hands, and the certain and speedy means of supplying any want of labor by increasing the per diem. An increase of twenty-five cents per day, or at most fifty cents, I suppose would produce as many men as we could employ. This price, and the security of the Government for its payment, would give us a choice of all the spare labor of the adjacent country. These are mere suggestions of my own, submitted for your consideration, if the idea is properly embraced by my expression, and you approve of the alteration. If any further explanations are required, I shall attend to your request with promptitude and pleasure.

The ground between the end of the last letting (forty-seven miles from this place) and Uniontown, a distance of about thirteen miles, I have examined; but little time would be requisite to prepare the location. This part of the work might be commenced early next spring. A sum of about $90,000, it is believed, will be sufficient to complete it.

Frequent abuses take place upon the road, such as throwing down the walls, digging down the banks, felling trees, dragging - along it, locking of wagon wheels, placing fences within the sixty-six feet, and many other improper acts are done; to prevent which some means ought to be speedily provided.

Should it be deemed advisable to make the location near the Ohio, the wish of Congress ought to be expressed. If the road is to be extended beyond the river Ohio, the ground on the other side ought to be viewed, and the bearing known, before the location on this side is made. All which is respectfully submitted by

Sir, your obedient servant,

DAVID SHRIVER, Jr.

14th Congress. - 1st Session.
No. 406. CUMBERLAND ROAD. (Page 300)

COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, MARCH 23, 1816.

Mr. Jackson, from the committee to whom was referred the message of the President of the United States of the 12th instant, transmitting a report of the Secretary of the Treasury containing a statement of proceedings under the act to regulate the laying out and making a road from Cumberland in the State of Maryland, to the State of Ohio, with a statement of past appropriations, and an estimate of required appropriations, reported:

That they have attentively considered the subject confided to them, and respectively submit to the House the following facts and observations:

It appears, by an act of Congress, passed on the 1st of May, 1802, entitled "An act to enable the people of the eastern division of the Territory northwest of the river Ohio to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," that, on condition that the convention of the said State would provide, by an ordinance irrevocable without the consent of the United States, that each tract of land sold by Congress after the 30th June next ensuing shall be and remain exempt, from any tax laid by order or under the authority of the State, whether for State, county, township, or for any other purpose whatever, for the term of five years from and after the day of sale, the United States, among other stipulations, agreed to apply one-twentieth part of the nett proceeds arising from the sales of said lands, from and after the said 30th of June, to the laying out and making public roads leading from the navigable waters emptying into the Atlantic, to the Ohio, in the said State, and through the same; such roads to be laid out under the authority of Congress, with the consent of the several States through which the same shall pass. It further appears that these conditions were accepted by the State of Ohio on the 29th of November, in the same year, subject, as regards the road fund, to a modification which provides that three per cent of the nett proceeds arising from the sales aforesaid should be subject to the control of the Legislature of that State, and be applied to making roads within the same. It also appears, by an act passed on the 3d of March, 1803, that this modification received the sanction of Congress; and that, in pursuance of this compact, a law was passed on the 29th of March, 1806, authorizing the President of the United States to appoint commissioners to lay out a road from Cumberland, or a point within its vicinity, to the river Ohio, and on their report to pursue such measures as, in his opinion, were proper to obtain from the States through which the said road was laid out their consent to its location and completion.

It further appears to the committee that the location crossing portions of the States of Maryland, Pennsylvania, and Virginia, applications were made to their respective Legislatures, and permission was given by each, to open and establish the said road.

applicable to that object; and that a further appropriation of $300,000 is recommended by that report to complete the road to Brownsville, on the Monongahela river; to cover the expenses of a survey from thence by Washington and Alexandria to Wheeling, and to make the road at and from Wheeling to the 113th mile tree, a distance of about twelve miles.

It also appears, by the letter of the superintendent of the road to the Secretary of the Treasury, that frequent abuses are committed on the road, such as throwing down the walls, digging away the banks, &c; and he suggests that measures ought to be promptly adopted to prevent and to punish these outrages.

This investigation suggested to the committee two points of inquiry to which their attention has been directed: first, the necessity of protecting the work already completed against lawless violence; and, secondly, the propriety of making an ample appropriation for advancing its progress to completion, in order that the benefits it promises may soon be realized.

In considering the first point, although it appears that the Secretary of the Treasury, in his letter communicated at the last session, doubts the authority of Congress to pass any laws for punishing the offenders, the committee do not perceive any defect of jurisdiction. Without controverting the opinion that the constitution does not, in virtue of any grant of power conferred by that instrument, authorize Congress to open roads and canals in any State, it seems to be admitted by all that, if a compact be made with a State, for which the nation receives an equivalent, as in this case, whereby it is agreed that a road shall be opened by the Government of the Union, and the States through which the road passes grant the right to make it, the performance of such compact is not in contravention of that construction, as it is believed that the exercise of such power has, in no instance, been doubled, notwithstanding the repeated acts of legislation for a period of thirteen years. The permission of the States having been given, it follows, as a necessary consequence, that all the powers obviously necessary and proper to carry the grant into complete effect, and preserve it inviolable, have been conferred also. A different construction would render the consent a nullity, and exempt from punishment as well the individuals who resisted the execution of the work, as those that afterwards destroyed it.

If the right to punish these offenses belongs to the National Government, it may be effected without the passage of any law, by indictment or information in the courts of the United States, or by enacting statutory provisions fixing the penalties, it being a fundamental right of the judiciary inherent in every Government to punish all offenses against the laws passed in pursuance of a delegated power, independently of express legislative sanctions. Although the committee deem it proper to make this explicit assertion of a right which it may become necessary to exercise on some future occasion, in case of a peremptory refusal by a State to pass any law upon the subject, yet, as they believe that no such disposition exists in relation to the road in question, and that prosecutions under State laws may be most effectual in preventing the practices complained of, because of the distances to the places where the respective federal courts are held, they abstain from recommending at this time the passage of any law upon that subject.

In regard to the second branch of the inquiry, viz: the amount of appropriation proper to be made at the present session, it appears to the committee that, although the fund chargeable with the reimbursement of expenditures has been anticipated, it is growing more productive every year, and will be eventually adequate to defray the expenses of completing the road.

If Congress persevere with becoming spirit in this great public work, we shall soon see one of the best roads in the world over the chains of mountains which separate the western from the Atlantic waters, and which, but a few years since, were supposed to present insurmountable obstacles to a safe and easy intercourse. The committee learn with much satisfaction that the State of Maryland is engaged in extending the turnpike road that reaches from Baltimore to Boonsborough on to Fort Cumberland; and in all probability it will be completed before the national road from that point to the Ohio is finished.

It is not intended to expatiate at large upon the moral, political, and physical advantages of this road to the nation. They doubtless entered fully into the contemplation of the Congress by whom the original law was passed; time and experience have given the fullness of their sanctions to the wisdom of their decision; and it is alike a source of surprise and regret to the committee that the work has been suffered, with the ample means possessed by the Government, to linger for a period of more than nine years.

A vigorous prosecution of it now can alone, in any degree, repair the past neglect; and, in the estimation of the committee, no subject is more deserving the favor of Congress. They are aware of the opinion entertained by some that the western country already holds out sufficient lures to the inhabitants of the Atlantic States to migrate thither, and that it is impolitic to contribute to their increase, which will be the effect, as is supposed, of giving facilities to such removal. The error of this reasoning is proved by the infallible test of experience applied to the past and present population of the States and Territories west of the mountains. The emigrant removes with intention,to reside for life in his new habitation; and, when he determines upon such removal, he bestows but little attention upon the inquiry whether the road on which he has to travel is a very good one, or in the condition of the principal State roads now used. This policy, therefore, although it cannot prevent him from going to the West, may, and, if persisted in, soon will, materially affect his future connections with the eastern country in all the ramifications of a mutually profitable trade and intercourse. The natural advantages of a water over a land communication for the purposes of transporting all articles of merchandise will not be denied by any; and trade will always seek that channel which affords it the fairest prospects of realizing its legitimate profits.

Whenever, therefore, land and water communications are found to possess a fair competition with each other in any country, the improvements on both must be equal, to prevent the monopoly of either. The navigation of the Mississippi and Ohio rivers by steamboats is now in its infancy; its success is no longer doubtful, and it is increasing with a rapidity corresponding to that success. During the last years the sugar and cotton of Louisiana were brought up by water to Pittsburgh, and, in consequence of the extraordinary demand, were transported from thence in wagons to the Atlantic cities, and sold at prices affording a profit to the owner. With the great advantages of steam navigation, unless the roads across the mountains be much improved, the merchants of the western country will cease to purchase goods from the importers at New York, Philadelphia, Baltimore, &c, and New Orleans will soon become the sole emporium of their trade.

This result never can be produced if a due attention be paid to the improvement of the means of internal communication. The rivers that take their rise in the mountains may be made navigable. In various sections of the country the portage between them can be diminished to an inconsiderable distance, and roads passing over the entire route will present an option to the merchants as to the mode of transportation. Their connections have been formed for a considerable period; these have begotten confidence and a mutuality of interests which bind the parties to a future intercourse, and which will not be changed unless for a positive and unequivocal benefit.

But the advantages of an intimate commercial connection, though addressed to the interest of the parties, are not the most important. Good roads have an influence over physical impossibilities. By diminishing the natural impediments, they bring places and their inhabitants nearer to each other- They increase the value of lands and the fruits of the earth in remote situations, and, by enlarging the sphere of supply, prevent those sudden fluctuations of prices alike prejudicial to the grower and consumer. They promote a free intercourse among the citizens of remote places, by which unfounded prejudices and animosities are dissipated, local and sectional feelings are destroyed, and a nationality of character, so desirable to be encouraged, is universally inculcated.

The road which is the subject of the particular inquiry of the committee has additional recommendations. It leads as far as Washington in a direct line from the seat of Government to the important frontier of the United States on the upper lakes; and if, as the committee suppose, it be the true policy of the nation to have a direct military communication for the entire distance, a road can be extended from Washington, and, passing as it will through a large extent of public lands, inducements will be held out to the western settlers to purchase them, and by a rapid increase of the population, the necessity of keeping up a considerable military force in that quarter will be diminished, if not entirely superseded.

These constitute a part of the reasons which have induced the committee to recommend an appropriation of $300,000 at this time; and therefore they submit the following resolution:

Resolved, That the bill entitled " An act making appropriations for the support of Government for the year 1816" be amended in the line by inserting the following paragraph:

"For making the road from Cumberland, in the State of Maryland, to the State of Ohio, to be repaid out of the five per cent. fund reserved for that purpose, $300,000."

15th Congress. - 1st Session
No. 458. CUMBERLAND ROAD.

COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, APRIL 20, 1818.

(To) Hon. Henry Clay, Speaker of the House of Representatives.

Treasury Department, April 20,1818.

Sir:

In obedience to a resolution of the House of Representatives of the 14th instant, requiring various statements concerning the Cumberland road, I have the honor to submit the enclosed papers, marked A, B, and C.

In addition to these statements, it is my duty to observe that the road is cleared of timber to the width of sixty-six feet; that the bed of the road is levelled to the width of thirty-two feet; that twenty feet is covered with stone, eighteen inches in the middle, gradually diminishing to twelve inches at the side. The road east of the Monongahela is graduated so as nowhere to exceed an elevation of five degrees. That part of it which is west of that river is graduated to four degrees and a half.

It will be seen, by comparing statements A and B, that the expense of mason work east and west of the Monongahela is extremely different; This difference has been pointed out to the superintendent of the western part of the road, with a request that he will curtail that part of the expense. There can be no doubt but that a considerable saving , will be effected upon the estimate which he has furnished.

No special appropriation has been made for repairs. The expense has been defrayed out of the general appropriation for the road.

I have the honor to be your most obedient servant,

WM. H. CRAWFORD.

Sections A and B (PDF)

Section C (PDF)

16th Congress. - 1st Session.
No. 486. - CUMBERLAND ROAD.

COMMUNICATED TO THE HOUSE OP REPRESENTATIVES, MARCH 10, 1820.

(To) Hon. Samuel Smith,
Chairman Committee of Ways and Means.

Treasury Department, March 10, 1820.

Sir:

It is ascertained by the examination of the accounts of Josias Thompson, late superintendent of that part of the Cumberland road which is west of the Monongahela river, that the sum stated in the estimates of the current year for satisfying the arrearages due under the contracts made in 1817 will not be sufficient for that purpose. To discharge the demands admitted by the superintendent, an additional appropriation of forty-four thousand dollars will be necessary. Doubts having arisen of the correctness of the conduct of the superintendent, he has been removed, and an investigation has been directed, with a view to ascertain whether impositions have not been practiced upon the Government. This investigation, after having been commenced, was postponed until the 20th instant, when it will be resumed and brought to a speedy conclusion. It is not improbable that it will result in the exclusion of some part of the demands which have been admitted by the late superintendent, and are still unsatisfied. It is believed, however, that it will be expedient to make the appropriation, as no part of it will be expended but what is indispensable to the fulfillment of the public engagements made in 1817.

I enclose, for the perusal of the committee, a copy of the instructions under which the examination has been commenced, and of the report which has been made, assigning the reasons which had rendered its postponement necessary. A copy of my letter to the late superintendent is also enclosed.

I remain, with respect, your most obedient servant,

WM. H. CRAWFORD.

(To) The Hon. Samuel Smith.
Chairman Committee of Ways and Means.

Treasury Department, February 10, 1819.

Sir:

The estimate for completing that part of the Cumberland road which was contracted for in the year 1817, which is presented in the general estimates for 1819, was founded upon the estimates and statements furnished by the superintendents, and communicated to the Committee on Internal Improvement towards the latter end of the last session of Congress. On the 1st of September last, the superintendents were instructed to furnish on the 1st day of November a statement of the expenditures which had been made by them, respectively, and an estimate of the sums which would be necessary to satisfy the contracts which had been made in the above-mentioned year. This instruction was not complied with by the superintendent of the western part of the road until the commencement of the present year. The estimates which he has furnished, and which were immediately communicated to the Committee on Internal Improvement, exceed those made by him the last year by about $180,000. This sum, however, will be diminished by refunding of about $30,000, which was advanced to several of the contractors at the commencement of their undertakings. The sum now necessary to meet the demands under the existing contracts may be estimated at $150,000, in addition to the sum presented in the general estimate. It may be necessary to state that no new contract has been authorized since the meeting of Congress in 1817.

I am now authorized to state that contracts can be made for that part of the road between Uniontown and Washington at the rate of $9,500 per mile, including culverts, bridges, and all other incidental expenses, except the bridge across the Monongahela, if it should be deemed expedient to erect one over that river. The persons proposing are capable of complying with their engagements, and will bind themselves to complete the whole extent to be contracted for within two years from the date of their contract. Estimating the part yet to be contracted for at thirty miles, the expense of completing it will be $285,000.

I respectfully refer you to the estimates of the superintendent for the last and present year, which are in the possession of the Committee on Internal Improvement.

I have the honor to be, with great respect, sir, your obedient servant,

WM. H. CRAWFORD.

To A. Lacock, Tho. Wilson, and Tho. McGiffin, Esqs.

Treasury Department, November 30, 1819,

Gentlemen:

Doubts having been suggested that alterations in the location of the road, and in the manner of constructing it, in the dimensions of the bridges, and in the mode of constructing them, have been made or consented to by the late superintendent, injurious to the interest of the United States, it has been judged expedient by the President, as well from a sense of justice to the late superintendent as from a due regard to the national interests, that a full and complete examination be made into the premises, in order that justice may be done.

In the execution of this important and delicate service, he is desirous of obtaining the aid of persons in whose justice and impartiality unlimited confidence may be reposed. He has, therefore, directed me to request that you take upon yourselves this examination, and that you will proceed to the execution of it with as little delay as possible.

The superintendent will furnish you with such information as may be necessary to enable you to discharge this duty with intelligence and satisfaction to yourselves and to the parties. Mr. Thompson will also be informed of the institution of this inquiry, and you are requested to give him notice of the time when the examination will commence.

In drawing your attention to the principal causes of complaint, it is not intended to restrain your examination to them. On the contrary, you are invited to extend your inquiry to all and every other departure from the conditions of the contracts which may have occurred, and from the instructions which prescribed the duties of the superintendent. You will especially inquire into the mode of admeasurement adopted by him in ascertaining the price of bridges and mason work, and report your opinion of its propriety and justice. If, in your opinion, there has been an unnecessary expenditure of money in side walls, you will state the amount of such unnecessary expenditure.

By the instructions it will be seen that alterations of any kind were prohibited to the superintendent, without the previous sanction of this Department, except where they were very limited indeed. Should alterations have been made by him not warranted by the instructions, you will report them at large.

I am, &c.

WM. H. CRAWFORD.

(To) Josias Thompson, Esq., Washington, Pennsylvania.

Treasury Department, December 1, 1819.

Sir:

The President has determined that it is expedient to cause the road constructed under your superintendence to be examined, as well to ascertain whether it has been constructed agreeably to contract, as to determine whether you have conformed to the instructions under which you acted. The persons requested to execute this service will give you notice of the lime and place at which it will commence, in order that you may be present, if you think proper, and may furnish such explanations as may be necessary to the ends of justice, as well to yourself as to the Government.

I am, &c.

WM. H. CRAWFORD.

Washington, Pennsylvania, January 3,1820.

Sir:

On Monday, the 20th ultimo, the undersigned met at Brownsville, and immediately entered upon the duties requested of us relative to that part of the United States road lately superintended by Mr. Thompson, Mr. McGiffin advising us that he was unavoidably detained for some days at home by indisposition in his family, and would probably join us at Washington in the course of the week.

On our arrival at Washington, Mr. McGiffin being still detained, after a consultation with him, we concluded to proceed to Wheeling, which we accordingly did; and, after making such observations and general inquiries as the time and season permitted, returned to this place with a view of proceeding, if deemed practicable, to the actual investigations, inspections, and measurements necessary to ascertain all the material facts which might enable us to present a full report satisfactory to ourselves and the parties concerned.

On our arrival, Mr. McGiffin being present, we immediately entered into a deliberate consideration of the subject of inquiry, and the delays and difficulties to be encountered during the inclemency of the winter. The cold has become intense, the ground frozen, the snow of considerable depth, and increasing daily. Under these circumstances, we are convinced, by the attempts which we have already made, that much time would be consumed, and the result of the utmost vigilance likely to be very unsatisfactory should we proceed: in short, we are unanimously of opinion that a satisfactory inspection is impracticable at present, and that the uncertainty which must attend the appointment of any day during the winter requires a postponement until the spring. We have, accordingly, concluded upon an adjournment, to meet again on the 20th of March next, unless otherwise advised by the superintendent or the Secretary of the Treasury in the mean time.

So far as we have proceeded in viewing the road and examining the works, our observations having been necessarily general, we are not enabled to state results with precision; but deem it proper to present such a view of the subject as the present stage of the inquiry suggests. In doing this, little more is necessary than to observe that general appearances strongly corroborate the allegations which seem to have pointed out the particular subjects of inquiry embraced in your letter of instruction.

We are decidedly of opinion that unnecessary expense to a large amount has been incurred in the erection of bridges, when culverts would have been sufficient; side walls, when fillings of earth would have been less expensive, more permanent, and, in many instances, would have been effected at the expense of the road contractor; in unnecessary increase of dimensions of side and wing walls; the erection of expensive bridges where the stream might have been turned or avoided at a much less expense; and in the number of arches to each bridge. Deviations from the location are by Mr. Thompson admitted in several instances, one of which he admits to have been adopted without advising the Department. The effect of such deviations we have not ascertained, nor have we been able to examine the reasons assigned by Mr. Thompson in justification of them.

It is due to Mr. Thompson to state that he appears satisfied, and even solicitous, that the inquiry proceed with as little delay as possible; evinces every disposition to afford all the lights and facilities in his power; and is now engaged in preparing copies of the grading notes, accounts of the dimensions, and calculations of the mason work; which accounts are lengthy.

One circumstance connected with the inquiry, and which, in our opinion, presents the strongest objection to its postponement, we feel ourselves called upon to state particularly, and to recommend a provision which may diminish the inconvenience which the delay appears likely unavoidably to occasion. The sub-contractors under Colonel Shepherd's contract have, as they allege, (and not improbably,) nearly completed their different works. They and their workmen and laborers state (and we believe correctly) that they are in great want of money; that they are without the means of providing winter clothing and subsistence; and many who reside in distant parts, having small sums due them for labor, &c, will be subjected to great hardship, by either going to their homes or being detained for the winter unpaid.

This circumstance presents considerable difficulty which, in our opinion, should be lessened as far as may be. It is one which strongly urges the earliest inspection that may be practicable; and since this cannot be, in our opinion, begun before the time before mentioned, nor finished before the first week of April, at least, we respectfully recommend that the superintendent (Mr. Shriver) be authorized to make payments on account of the sub-contractors, with the consent of the original contractors, and on bonds, if deemed necessary, to an amount not exceeding $6,000.

This communication was intended to be subscribed by Messrs. Lacock and Wilson only; but Mr. McGiffin being satisfied, from his separate acquaintance with the subject, with the statement and views which it presents, consents to subscribe his name also.

We have the honor to be, sir, your obedient servants,

A. LACOCK, THOMAS WILSON, THOMAS McGIFFIN.

17th Congress. - 1st Session
No. 511. CUMBERLAND ROAD.

COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, JANUARY 15, 1822.

(To) The Hon. Speaker of the House of Representatives.

Treasury Department, January 14, 1822.

Sir:

In obedience to a resolution of the House of Representatives of the 20th of December last, directing the Secretary of the Treasury to lay before that House "a copy of the report made by the commissioners appointed to view and inspect the Cumberland road," I have the honor to submit the said report, plat of survey, and field notes, recently forwarded by the commissioners to this Department.

The originals are transmitted because much time would be taken in copying them. It is, therefore, respectfully requested that they may be directed to be returned when no longer necessary to the object for which they have been required.

I remain, with respect, your most obedient servant,

WM. H. CRAWFORD.

To Wm. H. Crawford,
Secretary of the Treasury.

Wheeling, Va., January 2, 1822.

Sir:

To show the progress made in the location of the western road, the commissioners appointed for that purpose, in addition to their former report, make the following:

The draught of the work, and the book of field notes accompanying this report, will, on examination, be found to explain the nature and extent of the services performed by the commissioners, and leave but a few facts and explanations necessary in a formal report.

When the bill which passed the Senate of the United States at the last session, proposing a modification of the law under which the commissioners were appointed, had failed in the House of Representatives, as they were informed, for want of time to consider it, the commissioners were at some loss to judge in what manner it was their duty to proceed, keeping in view the objects for which they were appointed. The law, as proposed to be modified, made Columbus, and the other seats of Government, points in the location; and the commissioners have already stated that, under the law as it now stands, they, in all probability, could not be embraced. In this situation, they considered it expedient, with the balance of the appropriation in their hands, to prosecute the location as far as the Muskingum river at Zanesville, believing it highly probable that, whether the law were modified or not, from the nature of the country on both sides of that river, a point at or near that place must be selected at which to pass the stream; and, also, that their labors must be ultimately bestowed on this ground, whatever might be the points fixed or agreed upon westward of it. They have, therefore, employed their time, until the appropriation became expended, between Wheeling and Zanesville, a distance of about eighty-one miles on the present travelled road. The ground throughout the entire distance is very hilly and broken; the principal streams run nearly at right angles with the course of the location; and the hills bordering those streams have to be passed in a lateral direction, and making a considerable angle with the general direction of the location, otherwise a descent and ascent sufficiently gentle could not be had. Several of the larger streams crossed by the location fall into the Muskingum river above Zanesville, run a great distance generally in an opposite direction to that river, and are sluggish, with little or no fall, pursuing crooked course, and are often obstructed by rafts of driftwood that assist, particularly in spring floods, in throwing the water to the depth of several feet upon the bottoms, that are frequently of considerable width, and of a rich alluvion soil. Hence it is found difficult, except in particular places, to cross the bottoms and streams without incurring great expense in bridges and causeways. Another difficulty to be overcome in locating a road through this tract of country arises from the nature of the ground itself; this should be mentioned, because a peculiarity in some measure confined to the western country. The substratum, particularly on the sides of hills, is generally a lime or rotten slate stone. The super-stratum, of different depths, consists of the decomposition of the one below, combined with the decayed vegetation on its surface. This seems to be continually increasing, until its accumulated weight, with a growth of heavy timber, is too great to be held together by its own tenacity, and, in the spring seasons particularly, the surface of the hill sides are found sliding into the valleys below, or stopping in their course where the ground becomes more level. These landslips (as they are called) become more frequent after the ground is cleared and cultivated than before, owing, perhaps, to the decay of the roots that before assisted in keeping the ground together. The necessity of avoiding ground of this nature is obvious; for, if a road be made on a side hill where the ground is of this description, the support is cut off by the road, and the surface, perhaps charged with trees and rocks, will force itself upon the road and destroy it. Ground subject to these accidents may generally be discovered; for, although the slips be ancient, and trees many hundred years old are seen standing, yet its broken and distorted surface discovers the anarchy it has once undergone.

Hence, it will be easily seen that, through a country where so many difficulties present themselves, great care must be taken before a location can be said to approximate to perfection; and such a one the commissioners have been anxious to make, believing that the erroneous location of a road, designed for permanent national purposes, would be worse than a useless expenditure of public money; for as the location must be made the basis of all future contracts for constructing the road, if left imperfect, the Government would either have to be at the expense of a new location, or make the road on the old one; and, in the latter case, the public would probably be at the inconvenience of occupying it for a great length of time without attempting an alteration.

In finding the best ground on which to locate a road between any two given points over a rough country, the mode of procedure to obtain, in the first instance, a correct delineation of the surface, by topographical surveys, of the region to be examined, would be too tedious and expensive; there remains, therefore, no other way but by repeated experiments (many of which will be found unsuccessful) upon the ground, and by laying down and comparing different routes, until, by such examination, you arrive at the fact. Such an examination the commissioners have endeavored to give the ground between the points mentioned. They do not pretend to say that the route represented as the shortest is brought to that state of perfection which is practicable; some necessary trials yet remain to ascertain whether better ground cannot be had, and the distance diminished; but the labor, it is thought, will be inconsiderable compared with what has been bestowed the last summer. The routes have all been graded at an angle of not exceeding 4-1/2 degrees with the horizon, with the exception of 123 chains 28 links, (see the book of notes, pages 1, 17, and 18.) The distance from Wheeling to Zanesville has been shortened from the State road at present travelled about five miles.

The commissioners would remark that, from the knowledge they have of the country west of the Muskingum river, the difficulty of making a location will considerably diminish. The surface of the earth is, in general, gently undulating, and the highlands bordering the largest streams are much less elevated. But the probability is, that, in some considerable part of that region, a difficulty in procuring stone convenient for a turnpike will be experienced; but pebble or gravel was discovered in some places, of excellent quality, a small depth below the surface. Between Wheeling and Zanesville, but little difficulty, they apprehend, will be found in procuring stone for the road.

The commissioners would further observe, that that portion of the national road between Uniontown and Washington, Pennsylvania, including about thirty miles, was contracted for in the year 1819, and since completed, including mason work and other expenses, for $6,400 per mile. Taking into view the scarcity of money in circulation, and the reduced price of labor and provisions, they have no hesitation in saying that the probability is that the road between the Ohio and the Muskingum rivers, including culverts and bridges, with stone arches, could, at the present time, be contracted for, and completed in a similar manner, for a much less sum.

On the subject of the appropriation, it is proper to state that the expenditures have exceeded it by a small amount; the surveyor and assistants have, however, been paid.

A. LACOCK, DAVID SHRIVER, Jr., WILLIAM McREE

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