The Old Pike Part 13

Very respectfully, &c., By order: WM. H. C. BARTLETT.

Lieut. and a.s.sistant to Chief Engineer.

Capt. R. Delafield, Corps of Engineers, New Castle, Del.

ANOTHER AND FINAL CHANGE--THE BRIDGE TO BE BUILT ON THE SITE OF THE OLD ONE.

ENGINEER DEPARTMENT, WAs.h.i.+NGTON, August 14, 1834.

_Sir_: I have to acknowledge the receipt of your communication, dated 31st ultimo, in reference to the bridge over Dunlap's creek, on the c.u.mberland Road, east of the Ohio. The subject of rebuilding this bridge was brought to the notice of the Secretary of War during the summer of 1832, when he refused to take any action in the matter, on the ground that it was a county bridge, which should be repaired or rebuilt by the county authorities, as the United States, in adopting a system of repairs, had undertaken to repair only that which they had originally constructed. It was thought on the other side, that notwithstanding the United States had not built this bridge, yet, as they had enjoyed the free benefit of it, and as it lay on the tacitly acknowledged line of the road, they were bound, under the act of Congress authorizing the repairs of the road to work on every part of it without reference to original constructors or proprietors. In this state of the case, it was submitted to Mr. Taney, then Attorney General, who decided verbally in favor of the latter view, and instructions in conformity thereto were issued to the superintendent of the road, requiring him to cause the bridge to be either repaired or rebuilt. This question having been settled, the next is, whether Dunlap's creek can be crossed at any other point than where the county bridge now stands. It is the opinion of the department that it cannot. It would seem there is no evidence on record that any location was ever finally fixed upon by the commissioners, and reported by them to the President, for the part of the road in the immediate vicinity of this creek; but the fact that the road was actually made in its present location, and used ever since its original construction, without any opposition, is strong proof that this route was adopted by the Government; at all events, in the absence of all other evidence, the department feels constrained to act upon this. Now, the appropriations having been made for the repairs of the road, and not for constructing any part of it, except the new section to turn Wills hill, it is not perceived how any part of the funds can be applied to the new location proposed by you. These views having been submitted to the acting Secretary of War, he concurs in them. Your operations will, therefore, be confined to the old road on which the bridge must be located.

Very, &c., C. GRATIOT, Capt. Richard Delafield, Corps of Engineers, Brownsville, Pa.

CHAPTER XIV.

_Appropriations by Congress at various times for Making, Repairing, and Continuing the Road--Aggregate of Appropriations, $6,824,919.33._

1. Act of March 29, 1806, authorizes the President to appoint a commission of three citizens to lay out a road four rods in width "from c.u.mberland or a point on the northern bank of the river Potomac in the State of Maryland, between c.u.mberland and the place where the main road leading from Gwinn's to Winchester, in Virginia, crosses the river, * * *

to strike the river Ohio at the most convenient place between a point on its eastern bank, opposite to the northern boundary of Steubenville and the mouth of Grave creek, which empties into the said river a little below Wheeling, in Virginia." Provides for obtaining the consent of the States through which the road pa.s.ses, and appropriates for the expenses, to be paid from the reserve fund under the act of April 30, 1802 $ 30,000 00

2. Act of February 14, 1810, appropriates to be expended under the direction of the President, in making the road between c.u.mberland and Brownsville, to be paid from fund act of April 30, 1802 60,000 00

3. Act of March 3, 1811, appropriates to be expended under the direction of the President, in making the road between c.u.mberland and Brownsville, and authorizes the President to permit deviations from a line established by the Commissioners under the original act as may be expedient; _Provided_, that no deviation shall be made from the princ.i.p.al points established on said road between c.u.mberland and Brownsville, to be paid from fund act of April 30, 1802 50,000 00

4. Act of February 26, 1812, appropriates balance of a former appropriation not used, but carried to surplus fund 3,786 60 ------------ _Carried forward_ $ 143,786 60

_Brought forward_ $ 143,786 60

5. Act of May 6, 1812, appropriates to be expended under direction of the President, for making the road from c.u.mberland to Brownsville, to be paid from fund act of April 30, 1802 30,000 00

6. Act of March 3, 1813 (General Appropriation Bill), appropriates for making the road from c.u.mberland to the State of Ohio, to be paid from fund act of April 30, 1802 140,000 00

7. Act of February 14, 1815, appropriates to be expended under the direction of the President, for making the road between c.u.mberland and Brownsville, to be paid from fund act of April 30, 1802 100,000 00

8. Act of April 16, 1816 (General Appropriation Bill), appropriates for making the road from c.u.mberland to the State of Ohio, to be paid from the fund act, April 30, 1802 300,000 00

9. Act of April 14, 1818, appropriates to meet claims due and unpaid 52,984 60

Demands under existing contracts 260,000 00 from money in the treasury not otherwise appropriated.

10. Act of March 3, 1819, appropriates for existing claims and contracts 250,000 00

Completing road 285,000 00 To be paid from reserved funds, acts admitting Ohio, Indiana, and Illinois.

11. Act of May 15, 1820, appropriates for laying out the road between Wheeling, Va., and a point on the left bank of the Mississippi river, between St.

Louis and the mouth of the Illinois river, road to be eighty feet wide and on a straight line, and authorizes the President to appoint Commissioners.

To be paid out of any money in the treasury not otherwise appropriated 10,000 00

12. Act of April 11, 1820, appropriates for completing contract for road from Was.h.i.+ngton, Pa., to Wheeling, out of any money in the treasury not otherwise appropriated 141,000 00

13. Act of February 28, 1823, appropriates for repairs between c.u.mberland and Wheeling, and authorizes the President to appoint a superintendent at a compensation of $3.00 per day. To be paid out of money not otherwise appropriated 25,000 00 ------------- _Carried forward_ $1,737,771 20

_Brought forward_ $1,737,771 20

14. Act of March 3, 1825, appropriates for opening and making a road from the town of Canton, in the State of Ohio, opposite Wheeling, to Zanesville, and for the completion of the surveys of the road, directed to be made by the act of May 15, 1820, and orders its extension to the permanent seat of government of Missouri, and to pa.s.s by the seats of government of Ohio, Indiana, and Illinois, said road to commence at Zanesville, Ohio; also authorizes the appointment of a superintendent by the President, at a salary of $1,500 per annum, who shall make all contracts, receive and disburse all moneys, &c.; also authorizes the appointment of one commissioner, who shall have power according to provisions of the act of May 15, 1820; $10,000 of the money appropriated by this act is to be expended in completing the survey mentioned. The whole sum appropriated to be advanced from moneys not otherwise appropriated, and replaced from reserve fund, acts admitting Ohio, Indiana, Illinois, and Missouri 150,000 00

15. Act of March 14, 1826 (General Appropriation Bill), appropriates for balance due superintendent, $3,000; a.s.sistant superintendent, $158.90; contractor, $252.13 3,411 03 from moneys not otherwise appropriated.

16. Act of March 25, 1826 (Military Service), appropriates for continuation of the c.u.mberland Road during the year 1825 110,749 00

17. Act of March 2, 1827 (Military Service), appropriates for construction of road from Canton to Zanesville, and continuing and completing the survey from Zanesville to the seat of government of Missouri, to be paid from reserve fund, acts admitting Ohio, Indiana, Illinois, and Missouri 170,000 00 For balance due superintendent, from moneys not otherwise appropriated 510 00

18. Act of March 2, 1827, appropriates for repairs between c.u.mberland and Wheeling, and authorizes the appointment of a superintendent of repairs, at a compensation to be fixed by the President. To be paid from moneys not otherwise appropriated. The language of this act is, "For repairing the public road from c.u.mberland to Wheeling" 30,000 00 ------------- _Carried forward_ $2,202,441 23

_Brought forward_ $2,202,441 23

19. Act of May 19, 1828, appropriates for the completion of the road to Zanesville, Ohio, to be paid from fund, acts admitting Ohio, Indiana, Illinois, and Missouri 175,000 00

20. Act of March 2, 1829, appropriates for opening road westwardly, from Zanesville, Ohio, to be paid from fund, acts admitting Ohio, Indiana, Illinois, and Missouri 100,000 00

21. Act of March 2, 1829, appropriates for opening road eighty feet wide in Indiana, east and west from Indianapolis, and to appoint two superintendents, at $800 each per annum, to be paid from fund, acts admitting Ohio, Indiana, Illinois, and Missouri 51,600 00

22. Act of March 3, 1829, appropriates for repairing bridges, &c., on road east of Wheeling 100,000 00

23. Act of May 31, 1830 (Internal Improvements), appropriates for opening and grading road west of Zanesville, Ohio, $100,000; for opening and grading road in Indiana, $60,000, commencing at Indianapolis, and progressing with the work to the eastern and western boundaries of said State; for opening, grading, &c., in Illinois, $40,000, to be paid from reserve fund, acts admitting Ohio, Indiana, Illinois, and Missouri; for claims due and remaining unpaid on account of road east of Wheeling, $15,000; to be paid from moneys in the treasury not otherwise appropriated 215,000 00

To this act is appended the following note:

"I approve this bill, and ask a reference to my communication to Congress of this date in relation thereto.

"ANDREW JACKSON."[B]

------------ _Carried forward_ $2,844,041 23

[Footnote B: The following is the communication referred to by President Jackson:

SPECIAL MESSAGE.

MAY 30, 1830. _To the Senate of the United States_:

_Gentlemen_: I have approved and signed the bill ent.i.tled "An act making appropriations for examinations and surveys, and also for certain works of internal improvement," but as the phraseology of the section, which appropriates the sum of eight thousand dollars for the road from Detroit to Chicago, may be construed to authorize the application of the appropriation for the continuance of the road beyond the limits of the territory of Michigan, I desire to be understood as having approved this bill with the understanding that the road, authorized by this section, is not to be extended beyond the limits of the said territory.

ANDREW JACKSON.]

_Brought forward_ $2,844,041 23