The Old Pike: A History of the National Road, with Incidents, Accidents, and Anecdotes ThereonSearight, Thomas B. (Thomas Brownfield)
History
The Old Pike: A History of the National Road, with Incidents, Accidents, and Anecdotes Thereon
Searight, Thomas B. (Thomas Brownfield)
Cumberland Road; Pennsylvania -- Biography
contention was carried to the Supreme Court of the United States for
adjudication on a case stated, and Mr. Stockton's broad claim was
denied, the court of last resort holding that "the exemption from tolls
did not apply to any other property (than the mails) conveyed in the
same vehicle, nor to any persons traveling in it, unless he was in the
service of the United States and passing along the road in pursuance of
orders from the proper authority; and further, that the exemption could
not be claimed for more carriages than were necessary for the safe,
speedy and convenient conveyance of the mail." This case is reported in
full in 3d Howard U. S. Reports, page 151 _et seq._, including the full
text of Chief Justice Taney's opinion, and elaborate dissenting opinions
by Justices McClean and Daniel. The attorneys for the road in this
controversy were Hon. Robert P. Flenniken and Hon. James Veech of
Uniontown, and Hon. Robert J. Walker of Mississippi, who was Secretary
of the Treasury in the cabinet of President Polk. After this decision,
and by reason of it, the Legislature of Pennsylvania enacted the law of
April 14th, 1845, still in force, authorizing the collection of tolls
from passengers traveling in coaches which at the same time carried the
mail.
CHAPTER II.
_Origin of the Fund for Making the Road.--Acts for the Admission of
Ohio, Indiana, Illinois and Missouri--Report of a Committee of
Congress as to the Manner of Applying the Ohio Fund--Distances from
Important Eastern Cities to the Ohio River--The Richmond Route
Postponed--The Spirit and Perseverance of Pennsylvania--Maryland,
"My Maryland," not behind Pennsylvania--Wheeling the Objective
Point--Brownsville a Prominent Point--Rivers tend to Union,
Mountains to Disunion._
Act of April 30, 1802, for the admission of Ohio, provides that
one-twentieth part of the net proceeds of the lands lying within the
said State sold by Congress, from and after the 30th of June next, after
deducting all expenses incident to the same, shall be applied to laying
out and making public roads leading from navigable waters emptying into
the Atlantic to the Ohio, to 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 road shall pass.
Act of April 19, 1816, for the admission of Indiana, provides that five
per cent. of the net proceeds of lands lying within the said territory,
and which shall be sold by Congress from and after the first day of
December next, after deducting all expenses incident to the same, shall
be reserved for making public roads and canals, of which three-fifths
shall be applied to those objects within the said State under the
direction of the Legislature thereof, and two-fifths to the making of a
road or roads leading to the said State under the direction of Congress.
Public-domain text, read in full here on John Shaqi.
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