Chapter LII: Appendix

_A Digest of the Laws of Pennsylvania, relating to the Cumberland
Road--Unexpended Balances in Indiana--Accounts of Two Old
Commissioners--Rates of Toll--Letters of Albert Gallatin, Ebenezer
Finley and Thomas A. Wiley--Curiosities of the old Postal Service._

1807. Act of April 9th gives the State's consent to the making of the
road within its limits, provided the route be changed to pass
through Uniontown and Washington; also gives the United States
authorities full power to enter upon lands, dig, cut and carry
away materials, etc., for the purpose of completing and
_forever_ keeping in repair said road. Pamphlet Laws, page 185.

1828. February 7th. Joint resolution authorizes the Government of the
United States to erect toll gates, enforce the collection of
tolls, and to do and perform every other act and thing which may
be deemed necessary to insure the PERMANENT repair and
preservation of the road. Andrew Shultz, Governor, Nerr
Middleswarth, Speaker of the House of Representatives, Daniel
Sturgeon, Speaker of the Senate. Pamphlet laws, page 500.

1831. Act of April 11th. Preamble: "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, ITS CONSTANT CONTINUANCE AND
PRESERVATION, therefore, etc." The act then goes on and
authorizes the erection of at least six gates, designates
classes and persons exempt from toll, provides for the erection
of directors (boards ordering teams, etc., to pass to the
right), establishes rates of tolls, regulates the manner of
collecting the same, etc. Pamphlet Laws, page 419. For a
judicial construction of this act, see case of Hopkins vs.
Stockton, 2 Watts and Sargeant, page 163.

1835. Act of April 1st requires supervisors of highways to make paved
valleys or stone culverts where other roads intersect the
Cumberland Road and this act also signifies the State's
acceptance of the road from the General Government. Pamphlet
Laws, page 102.

1836. Act of June 13th provides for payment of half toll by persons
carrying the United States mail, and fixes penalties for
attempts to defraud the State of toll. Pamphlet Laws, page 534.
This act declared inoperative by the Supreme Court of the United
States, in so far as it levies toll on mail coaches.

1837. Act of April 4th exempts persons hauling coal for home
consumption from payment of tolls. Pamphlet Laws, page 353.

1839. Act of February 5th in form of a joint resolution requires
Commissioners to give bond in the sum of $6,000. Pamphlet Laws,
page 637. Changed by subsequent acts.

1839. Act of June 17th, in form of a joint resolution, fixes the
compensation of Commissioners at $3 per diem, not to exceed one
hundred and fifty days in any one year. Pamphlet Laws, page 679.
Changed by subsequent acts.

1840. Act of March 24th authorizes the appointment of one Commissioner
by the Governor for a term of three years, at a compensation of
$3.00 per diem, requiring him to give bond in the sum of
$10,000, to keep an account of receipts and expenditures, and
publish the same; and further provides for auditors to adjust
accounts. Pamphlet Laws, page 207. Partially repealed by
subsequent acts.

1843. Act of April 5th authorizes Commissioners to stop mail coaches
to enforce payment of tolls. Pamphlet Laws, page 164. This act
held to be void by the Supreme Court of the United States, and
supplied by act of April 14th, 1845, _postea_.

1845. Act of April 14th (Omnibus Bill).

"Preamble: Whereas, it has lately been decided by the Supreme
Court of the United States, that the acts of assembly of this
Commonwealth, relating to the collection of tolls on that part
of the Cumberland Road which is within this State, passed June
13th, 1836, and April 5th, 1843, do not authorize the
collection of any amount of tolls whatever for the passage
upon said road of any stage, coach, or other vehicle carrying
passengers with their baggage and goods, if such stage, coach,
or other vehicle, is at the same time carrying any of the
mails or property of the United States; and whereas, the said
court sanctions the power of Pennsylvania to provide for the
repairs of said road by a general assessment of tolls upon
persons traveling thereon, which it is deemed just and right
should be paid; and whereas, also, it is found to be
impracticable to keep said road in good repair and out of
debt by the tolls collectable under the existing laws of this
Commonwealth, as interpreted by said Court, therefore," &c.
This act then goes on and in section 12 imposes a toll of not
less than two nor more than fifteen cents, as shall be fixed
and determined by the Commissioner, upon every person riding
or traveling in any vehicle carrying the United States mails,
for every fourteen miles over which such person shall have
been a passenger or traveler, and in proportion for shorter
distances, provided that no toll shall be demanded from any
guard to the mails, agent of the postoffice, bearer of
dispatches for the General or State Government, nor any naval
or military officer of the United States or this State,
traveling in the discharge of official duty. Section 13
provides the manner of collecting tolls under this act.