A great deal has been said on the subject of jurisdiction; that, if it existed at all, it must be exclusive; that it could not attach to soil, and much metaphysical refinement of this sort, which had little to do with the subject. On this point, the only sound and practical rule was, that this government had a right to assume such jurisdiction over their roads as was necessary for their preservation and repair by such means as should be deemed most expedient, leaving everything beyond that to the States. Thus far the Constitution declared the legislation of Congress to be "the supreme law of the land, anything in the constitution and laws of any State to the contrary notwithstanding." This left to the laws of the States, the right to punish all offences and other acts committed upon the road, in the same manner as though they had occurred in any other part of their territory. Such had been the uniform practice of the government in executing all its powers up to the present time, and no complaint had ever been made or inconvenience experienced. It has been universally conceded on all hands in this debate, that the consent of the States could not confer any jurisdiction or powers on this government beyond what it had derived from the Constitution. This was too clear a proposition to admit of doubt. Yet the names of Jefferson, Madison, Monroe, and Gallatin, were introduced and relied on. Did gentlemen forget that Mr. Gallatin was the very first man that ever suggested the plan for making the Cumberland road, and that it had been sanctioned and actually constructed under the administrations of Jefferson, Madison, and Monroe? Their opinions were thus reduced to practice, which was the best evidence in the world--"By their fruits shall ye know them." CHAPTER VIII. _State Authority prevails--The Road surrendered by Congress--The erection of Toll Gates authorized--Commissioners appointed by the States to receive the Road--They wrangle over its bad condition, and demand that it be put in thorough repair by Congress, before the States will accept it--Old and familiar names of the Commissioners--The Road accepted by the States._ At the session of the year 1831, the Pennsylvania Legislature passed a bill, which was approved April 4th, of that year, by George Wolf, governor, the preamble to, and the first, and part of the second, and all of the tenth sections of which read as follows: "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,