[254] 13 Congressional Debates, 1132.
[255] 24th Cong., 1st Sess., Sen. Doc. No. 196.
[256] 28th Cong., 1st Sess., Sen. Doc. No. 324, p. 7.
[257] 28th Cong., 2d Sess., Sen. Doc. No. 41, and 29th Cong., 2d Sess., Sen. Doc. No. 70.
[258] Young, The Cumberland Road, p. 87.
[259] Young, p. 98, and passim for an able account of the whole controversy over jurisdiction. I have here attempted to present only the points necessary for an understanding of the constitutional problems that the courts were called upon to consider.
[260] Dickey v. Maysville, etc., Co., 7 Dana (37 Ky.) 113 (1838).
[261] “Every postroad is a national road,” said the court. “So far as it is a postroad, it is as national as the Chesapeake Bay or the Mississippi River.”
[262] Seabright v. Stokes, 3 Howard 151 (1845).
[263] See also Neil v. Ohio, 3 How. 720 (1845), and Achison v. Huddleson, 12 How. 293 (1851). Congress, under an act approved February 25, 1867, granted the state of Oregon certain lands for the construction of a military road, with the reservation that it should be free for the passage of federal property, troops or mails. An incorporated company undertook construction of the road, but was not permitted to charge tolls. It was provided in the grant that bridges should be constructed to permit the use of the road by wagons. This was done by parties other than the road company, and when mail contractors paid them tolls they had a right of action for reimbursement from the feasor company. Schutz v. Dalles Military Road Co., 7 Or. 259 (1879).