This Ohio fund was continually used for the building of this road from Cumberland, Maryland, to Wheeling, Virginia, for thirteen years, up to March 3, 1819, at which time the appropriation was made from the reserve fund created upon the admission of Ohio, Indiana and Illinois.

On May 15, 1820, Congress passed an act extending the road from Wheeling, Virginia, through the States of Ohio, Indiana and Illinois to a point on the left bank of the Mississippi, east of St. Louis, and established it at eighty feet in width, the road from Cumberland to Wheeling having been established at sixty feet in width. The appropriation to carry this act into effect was to be taken out of the general revenues.

March 3, 1825, Congress again passed an act, introduced by Senator Benton, extending the road from the town of Canton, Ohio, opposite Wheeling, Virginia, to Zanesville, Ohio, and ordered the surveys completed for an extension of the same through the permanent seats of government of Ohio, Indiana and Illinois to Jefferson City, Missouri, and the expense therefor was appropriated from the reserve fund created upon the admission of Ohio, Indiana, Illinois and Missouri.

John Quincy Adams had been elected in 1824, upon a platform favoring the extension of the road.

March 2, 1827, practically the same bill was again passed. March 19, 1828, an act appropriated money taken from the reserve fund created upon the admission of Ohio, Indiana, Illinois and Missouri, for establishing and opening this road to be eighty feet wide, "east and west from Indianapolis." Approved by Jackson.

March 31, 1830, an act appropriated money from this same fund to pay for grading west of Zanesville through Ohio, and on the road in Indiana, and through Illinois. Approved by President Jackson.

March 2, 1831, an act was passed to pay for work already done on the road east of Zanesville and for making a survey to the capital of Missouri, and for grading in the State of Indiana, including a bridge over White River at Indianapolis, and for grading and bridging in Illinois. Appropriation was made from the fund created upon the admission of Ohio, Indiana, Illinois and Missouri. Approved by President Jackson.

July 3, 1832, money was appropriated from this same fund for repairs on the road east of the Ohio River, and for continuing the road west from Zanesville through Indiana and Illinois. Approved by Jackson.

About this time the question was agitated as to whether the General Government had power under the constitution to establish toll gates along the line of the road in the several States through which it ran. This question was finally turned

over to be solved by the State legislatures.

Pennsylvania and Maryland passed acts of their legislatures agreeing to build gates and toll houses and collect the tolls, provided, "that Congress would appropriate money and put the road in good repair, and also furnish the money necessary to build the houses and toll gates. These acts were passed in 1831, in 1832, and Ohio and Virginia passed similar acts, except that they did not require Congress to repair the roadthat is ("shell the corn").

July 3, 1832, Congress declared its assent to the abovementioned laws of Pennsylvania and Maryland in these words: "To which acts the assent of the United States is hereby given to remain in force during the pleasure of Congress."

And on March 2, 1833, assented to the acts of the legislatures of Virginia and Ohio with a similar limitation.

June 24, 1834, Congress passed an act to repair the road as requested by Maryland and Pennsylvania and placed army engineers in control of the road, and in charge of the appropriation, taken from the reserve fund created by the admission of Ohio, Indiana, Illinois and Missouri. Thus these four States supplied the revenues to repair the road and build the toll gates in Maryland and Pennsylvania in order that it might be acceptable to them.

April 1, 1835, Congress appropriated money from the general revenues for continuing the road in Ohio, Indiana and Illinois, and for the completion of a bridge at Brownsville, Pennsylvania.

Thus it appears that long after the conditional acts of the legislatures agreeing to take over the road and build toll gates, etc., and long after Congress had passed an act reserving the power and the right to withdraw from such agreement, Congress continued to treat the road the same as if no such acts had ever been passed, and particularly is this true in the act of 1838. It will be observed further that Indiana, Illinois and Missouri never did apply for or agree to take over the road in such States, nor did Congress ever offer to relinquish its possession and control over the road through those States. So far as legislation goes, the National Pike is a legal entity in those states.

It is to be observed that the appropriations for the National Pike were not made from the reserve road fund, created upon the admission of Alabama, Mississippi, and Arkansas, for the very evident reason that this road did not lead to those States.

It will also be observed that out of a little less than $7,000,000 appropriated first and last for the building of this road, all of it was appropriated from the special road fund reserved to the States of Ohio, Indiana, Illinois and Missouri, and so far as Missouri was concerned the only semblance of a road she ever got was a partial survey.

WASHINGTON'S FIRST MONUMENT.

The first monument ever erected to the memory of George Washington stands in a bramble patch on the summit of South Mountain, near Boonsboro, Md., its top knocked off by lightning and its side rent by an alien enemy's dynamite. It was built by Boonsboro citizens who had fought under Washington in the Revolution and was dedicated July 4, 1827. At the instigation of Harvey S. Bromberger, State Senator of Maryland, Representative Zihlman, in whose district it stands, will ask congress to restore the pile and make it a public reservation. It overlooks the Antietam and Gettysburg battle fields, Harper's Ferry, the route of General Sheridan's famous ride, and a number of other historic spots. All who go over the National Old Trails Highway east and west, pass the spot.

There were many other acts of Congress appropriating funds from the general revenues to the building and repairing and maintenance of the road, but it is perfectly safe to say that all of the money which went into the construction and repair of the road was taken from the reserved road fund belonging to the States of Ohio, Indiana, Illinois and Missouri.

Of the said four States, the reserve fund mentioned, bore all the expense, while the expensive part of its construction and maintenance lay east of the Ohio. Illinois received but little of its benefits, and Missouri none.

It will be further observed that the act of March 3, 1837, five years after the road had been tentatively turned over to the States of Maryland, Pennsylvania, Virginia and Ohio, was for the express purpose of continuing the road in Ohio, Indiana and Illinois, and the act "provided that the road in Illinois shall not be stoned or graveled unless it can be done at a cost not greater than the average cost of stoning and graveling the road in Ohio and Indiana," and this appropriation was taken from the reserve road fund of Ohio, Indiana and Illinois. Mark you, this was as late as 1837.

And provided that the amounts therein appropriated were "for continuing the construction of the Cumberland Road in the States of Ohio, Indiana and Illinois, and shall be replaced by said States, respectively, out of the funds reserved to each for laying out and making roads under the direction of Congress by the several acts passed for the admission of said States into the Union on an equal footing with the original States."

Section 2 provided, "and be it further enacted that the section of an act for the continuation of the Cumberland Road in the States of Ohio, Indiana and Illinois, approved the 2nd day of July, 1836, shall not be applicable to expenditures hereafter to be made on said road."

What was section 2 of the act of July 2, 1836, which it was herein declared "shall not be applicable to expenditures hereafter to be made on said road?" "And

Said section 2 of act of July 2, 1836, was as follows: be it further enacted, That the moneys hereby appropriated for the construction of said road in the States of Ohio and Indiana be expended in completing the greatest possible continuous portion of said road in said States, so that such finished parts thereof may be surrendered to the States, respectively." This, the act of 1837, declares shall "not be applicable to expenditures hereafter to be made on said road."

Can language be plainer or stronger?

Transportation facilities were such at that time that the road could not be macadamized in Illinois as cheaply as it could be done in Indiana or Ohio, but this is no longer true, and had the same facilities for road building existed then as they do now, there is no doubt but that the road would have been ma

cadamized through the State of Illinois. Moreover, this act of March 3, 1837, contains no hint of the purpose of the general Government to abandon the road, but on the contrary indicates clearly and unmistakably the purpose to maintain and preserve it as a National highway. It is equally clear that Illinois and Indiana so understood it.

The five per cent road fund, reserved for these four States and for Mississippi, Alabama and Arkansas, would, if applied to the purpose for which it was solemnly set apart in the Acts of Congress admitting such States, go far toward building National highways to those States.

The question might be asked: "To what uses has it been diverted, or applied?" I do not know; but I am perfectly safe in saying that it has not been applied to the building of roads.

If this five per cent fund arising from the admission of the four States mentioned, paid the expense of the original construction of the road, it is fair to assume that the same percentage derived from the admission of other Western States would have built the road through to the Pacific.

Neither Indiana, Illinois nor Missouri ever did anything indicating a desire to take over the road in such States, nor did Congress manifest any intention of surrendering the road to those States. The road fund, however, of each of these States, and of Ohio as well, was appropriated to the building, repair and maintenance of the road lying east of the Ohio River, and the road fund of Missouri applied wholly to the road east of the Mississippi.

Congress, in the act relinquishing the road to Maryland, Pennsylvania, Virginia and Ohio, expressly stated that this act should remain in force, "during the pleasure of Congress," only

Therefore, the only legislation necessary, is for Congress to do exactly what they did do in 1837, appropriate money to rebuild, repair and maintain the road. No act to reinvest the Government with title to or control over the road is necessary. No act declaring it to be a "National Highway" is necessary, for the act of 1806 and acts subsequent thereto, have fixed its character for all time. It not only was the Old National Road, but It Is Now the National Old Trails Highway and the only National highway, and has existed as such since the Government was organized.

"The foundation of this road," declared Hon. Andrew Stewart, of Pennsylvania, in a speech in Congress in 1829, "was laid by a report made by Mr. Giles, the present governor of Virginia, in 1802, and was sanctioned at the next session by a similar report, made by another distinguished Virginian (Mr. Randolph) now a member of this House-it was the offspring of Virginia, and we hope she will not now abandon it as illegitimate. Commenced under the administration of Mr. Jefferson, it had been sanctioned and prosecuted by every President, and by almost