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MARCH 23, 1830.]

Case of Judge Peck.-Buffalo and New Orleans Road.

The House proceeded to the consideration of the bill, which is as follows:

[H. of R.

BUFFALO AND NEW ORLEANS ROAD. The House resolved itself into a Committee of the Whole, and took up the bill to lay out and establish a national road from Buffalo, in New York, by Washington city, to New Orleans.

Be it enacted, &c. That no person who was, during any part of the revolutionary war, engaged in either the land or naval service of the United States, and who has already, or may hereafter receive, in consideration of such service, Mr. HEMPHILL rose, and entered into a general depecuniary aid from his country, by pension or otherwise, fence of the proposed measure, maintaining its constituin any way other than his pay, subsistence, clothing, and tionality-being a work emphatically national--its high bounty, shall at any time hereafter, be liable to be ar-importance to the Union, &c. He had not concluded his rested, holden to bail, or imprisoned, on civil process remarks, when he gave way for a motion for the commitissued under any authority of the United States, for or on tee to rise. account of any demands the consideration of which originated before such aid was granted to such persons.

TUESDAY, MARCH 23, 1830.
CASE OF JUDGE PECK.

Mr. BUCHANAN, from the Committee on the Judiciary,

SEC. 2. And be it further enacted, That whenever any person, having been in service and receiving aid so as aforesaid, shall have been arrested, holden to bail, or imprisoned for any demand, such as aforesaid, under process to which was referred the memorial of Luke E. Lawless, issued from any authority other than that of the United of Missouri, complaining of the conduct of James H. Peck, States, and the creditor or creditors at whose suit such pro-Judge of the District Court of the United States for the cess shall have issued, shall, while the same is pending, or District of Missouri, made a report thereon, concluding after final judgment thereon, receive of such person, in with the opinion that the said judge ought to be impeached. consideration thereof, or any release therefrom, any sum Mr. BUCHANAN, in presenting the above report, stator sums of money arising from any such aid granted to ed that the committee had deemed it fairest towards the him, so as aforesaid, or any promise to pay therefrom, or party accused, not to report to the House their reasons at any order or draft to receive the sum at any future time, length for arriving at the conclusion that he ought to be such creditor shall forfeit and pay twice the amount there- impeached. In this respect, they thought it advisable to of, one moiety to the use of such person, and the other to follow the precedent which had been established in the whomsoever shall sue for and recover the same; and such case of the impeachment of Judge Chase. Mr. B. moved suit and recovery may be had before any tribunal of com- to print the report and documents. petent jurisdiction.

SEC. 3. And be it further enacted, That no creditor of any such person receiving aid, so as aforesaid, shall, by letter of attorney, order, draft, or otherwise, from him, be entitled to receive any dividend or payment due to such person at any office or place where, by law, the same may be payable to him; and no person whoever, as agent or attorney, shall at any time receive any such payment, unless he first makes oath that he had no interest therein, and that he will pay over the amount thereof to the person to whom the same was so as aforesaid granted.

Mr. P. P. BARBOUR rose, and addressed the House at considerable length in opposition to the bill-deeming its provisions objectionable in principle, particularly the retroactive portion of them.

Mr. BURGES was proceeding to reply; when Mr. BARBOUR said, if the second section were expung ed, it would remove his objections to the bill.

Mr. BURGES suggested that this object would be at tained by striking out the word "consideration," and to the end of the first section.

Mr. CLAY moved to amend the motion to print, by adding the words, "And also the memorial of Luke E. Lawless, and the address of the judge to the committee."

Mr. HAYNES moved to suspend the rule of the House which prohibits debate on motions to print, so far as concerns the subject under consideration. Negatived.

The amendment proposed by Mr. CLAY was rejected, and the report and documents were ordered to be printed. Mr. BATES, from the Committee on Military Pensions, and by order of that committee, moved that the Committee of the Whole House on the state of the Union be discharged from the further consideration of the resolution reported from the Committee on Military Pensions, on the 8th of January last, to extend the pension laws of the United States, so as to include within its provisions every soldier who aided in establishing our liberties, and who is solution be made the special order of the day for Monday unable to maintain himself in comfort; and that the said renext, the 29th instant.

Mr. B. said, gentlemen who were in favor of the amendment of Mr. WILLIAMS, on Friday last, to provide for Mr. HOFFMAN, of New York, opposed the bill as im-the militia, would, by this resolution, be presented with an politic and unjust, and of no benefit to the individuals which it proposed to benefit.

Mr. RAMSEY, of Pennsylvania, also contended that it would be prejudicial to the interest of the persons themselves, as they would not be able to hold any office in the collection of revenue, &c., as they could not be sued for delinquency-and that it would deprive them of credit, &c. Mr. GOODENOW, after some remarks in support of the bill, moved to amend it by inserting after the word bounty" in the first section, the words" and who shall continue to receive such aid;" which was agreed to.

66

Mr. BURGES then rose, and replied at large to the ob jections which had been urged to the bill, and defended its justice, expediency, and humanity.

Mr. DRAYTON, considering the closing part of the second section as having an ex post facto operation, moved to strike out all after the word "time," and inserting other words, which he sent to the Chair.

The question was then put on ordering the bill to be engrossed for a third reading, and decided in the affirmative by the casting vote of the SPEAKER-the vote being 60 for and 60 against it.

opportunity of effecting their wishes; and, on the motion
which he made, he asked the yeas and nays. They were
ordered accordingly, and were as follows:

For the motion; 129,-Against it; 47.
Mr. SWIFT moved a reconsideration of the vote taken

yesterday, by which the resolution relative to fortifications
on Lake Champlain, offered by him on the 18th instant,
was referred to the Secretary of War--the question hav-
ing been misapprehended at the time it was put--many
members supposing it was on his original resolution, where-
as it was on the amendinent.

hour arrested further proceedings to-day.
The motion was agreed to; but the expiration of the

BUFFALO AND NEW ORLEANS ROAD.
The House then resolved itself into a Committee of the
Whole House on the state of the Union, Mr. HAYNES in
the chair, and resumed the consideration of the bill for
making a road from Buffalo, through Washington city, to
New Orleans."

Mr. HEMPHILL concluded his remarks in support of the bill. They were to the following effect:

Mr. H. began by saying that he would, at this early

H. of R.]

Buffalo and New Orleans Road.

[March 23, 1830.

Mr. Monroe has expressed his opinion on the subject in the most satisfactory manner. I beg leave to read this part of the document, called his views on internal improvements. [Here Mr. H. read the following:]

stage, endeavor to explain the reasons why the bill before proved entirely of the expediency of exercising this power the committee ought to pass into a law. It embraces, [said by the General Government. Mr. H.] as I conceive, a subject of the highest interest. The usefulness which the contemplated road will be to the country, is of itself exceedingly important; and besides, this legislative enactment will hold out full assurance that national improvements are intended to be prosecuted by the Ge- "It cannot be doubted that improvements for great na neral Government. In this light, the magnitude of the tional purposes, would be better made by the General Go question, now ready for discussion, cannot be overrated. vernment than by the Governments of the several States. In the commencement, I will be permitted to remark, Our experience, prior to the adoption of the constitution, that it is not the design of the friends of national improve- demonstrated that, by the exercise by the individual States ments to interfere with the annual extinguishment of the of most of the powers granted to the United States, a conpublic debt, as now provided for by law. The regular tracted rivalry of interests, and misapplied jealousy of each operation of existing laws will soon clear the nation of other, had an important influence on all their measures, debt. The exertions of statesmen towards the accomplish- to the great injury of the whole. This was particularly ment of this object are no longer required. But as to the exemplified by the regulations which they severally made momentous question of improving the country, for its own of their commerce with foreign nations and with each. It prosperity and glory, it ranks first, and is truly worthy of was this utter incapacity in the State Governments, prothe best efforts of the nation. It is equally interesting to ceeding from these and other causes, to act as a nation, and the present age and to posterity; and nothing less than to perform all the duties which the nation owed to itself, complete success will ever terminate its repeated debates under any system which left the General Government de on this floor. I will dwell no longer at present in general pendant on the States, which produced the transfer of remarks. these powers to the United States by the establishment of the present constitution.

Some gentlemen entertain the opinion that these great objects ought to be accomplished by the several States. I "The reasoning which was applicable to the grant of never could accord with this opinion. The States are to any of the powers now vested in Congress, is likewise so, take care of their own local interests within their own limits; at least to a certain extent, to that in question. It is nait is not their duty to legislate with a view to national pur-tural that the States individually, in making improvements, poses. Neither could they, without the consent of Con- should look to their particular and local interests. The gress, confederate to make extensive roads, passing through members composing their respective legislatures, repre many States, for great and national purposes. In this im- sent the people of each State only, and might not feel mense country, it is impossible to foresee all the channels themselves at liberty to look to objects in these respects through which our inland commerce may take its direction. beyond that limit. No exact plan can be devised; it would be rash to desig- "If the resources of the Union were to be brought innate all the places where roads, canals, and bridges should to operation, under the direction of the State assemblies, be made fifteen or twenty years hence. It will be judi- or in concert with them, it may be apprehended that every cious to select a few objects at a time, and to progress with measure would become the object of negotiation, of barthe rising condition of the country. Congress will always gain, and barter, much to the disadvantage of the system, be the best capable of selecting the grand and leading ob- as well as discredit to both Governments. But Congress jects which will accommodate themselves to the good of would look to the whole, and make improvements to prothe Union at large; and for these purposes, Congress, ac-mote the welfare of the whole. It is the peculiar felicity cording to my conception of the case, ought to retain in of the proposed amendment, that, while it will enable the her own hands her own means. This brings me to the United States to accomplish every national object, the imconsideration of an opinion which has gained some stand-provements made with that view will eminently promote ing, and has even attracted the attention of the President; the welfare of the individual States, who may also add I mean the propriety of distributing the surplus revenue such others as their own particular interest may require." among the several States. The President has expressed In addition to this enlightened view of the subject, I his doubts in relation to its constitutionality; and I think may be permitted to submit a few remarks: and the first that, on a further consideration of this subject, he would is, that when the plan of distribution is once adopted, it be enabled to speak more positively as to the constitutional can never be recalled; it will grow into a species of right: and a majority of the representatives from the several

barrier.

I assume it as a principle which, on a fair examination, States will never vote to restore the funds to the General cannot be shaken, that whenever money is in the treasury, Government. A thousand reasons will be assigned to opit is immaterial from whence it has arisen; the constitution pose its restoration, whenever the General Government puts no mark upon it; it may be pledged by previous laws, shall stand in need of it. Among others, it would be for constitutional purposes, but in no event can it be with-said (and with great justice) that the faith of the United drawn from the treasury, unless it is to effect some ex-States had been pledged, and, on this reliance, schemes of pressed or implied provisions in the constitution. A power internal improvements had been partially executed; and in the General Government over internal improvements to withdraw the funds, would be to sacrifice the expendihas never been claimed, except on such objects as Con- tures already made. This oppression would vary in the gress may, from time to time, deem national. Lands have different States according to the condition of their works been ceded to States for specific objects of national im--it would create conflictions and confusions of interest provements. The bill which was rejected by Mr. Madi-that would be alarming. The funds which belong to the son in 1817, retained the control over the objects on Union, would be entangled in local and minor undertakwhich the expenditures were to be made in each State. ings. But while the General Government retains its But if Congress should distribute money generally among own resources, she will always be prepared to meet the the States for internal improvements, it may be expended great and complicated concerns of the nation, whether in on local and minor objects, over which Congress themselves peace or in war. She can select the objects of improvehave no power. The States, in expending the money, will ments, on such a scale as not only to be able to complete not look to national objects, but to their own internal them, but also to be in a state of readiness for any sudden concerns, and perhaps to a rivalry with their adjoining emergency. neighbors.

This road, leading from the seat of the General GovernMr. Jefferson and Mr. Madison, in their messages, ap-ment to Buffalo and to New Orleans, two frontiers which

MARCH 23, 1830.]

Buffalo and New Orleans Road.

[H. of R.

"In the present situation of things, the citizens of the western part of New York are almost as effectually separated from their neighbors of Pennsylvania, as if an impassable barrier were interposed between them."

will be imminently exposed in the event of a war, cannot be otherwise than of the highest importance. The bad ness of the road from hence to Buffalo, during the last war, protracted intelligence, and prevented a quick concentration of troops and of the munitions of war to the The highway proposed in the bill will open lucrative parts required. If there had been good roads, the mili- communications between these interesting sections of our tary disasters at the commencement of the war never country. The location of the road from Washington to would have occurred. The badness of the roads swelled Buffalo, is left to the discretion of the commissioners, as the expenses of the country to a prodigious degree. the committee could not, satisfactorily to themselves, deA single cannon transported from the founderies on the sea-signate the route.

board to the frontiers of the lakes, costs about two thou- The committee have deemed it sufficient to have the sand dollars, and every article necessary in war bore the road located, graduated, and bridged, and to form the same wasteful and extravagant proportion. The waste bed of the road, as an earthen turnpike, except in such which the necessity of the times, and state of the roads, cases where it will be indispensable to use gravel. On exposed us to, would more than make the road contem-examination of the estimates of the engineers for making plated in the bill. Our country is large; and the frontiers turnpike roads on the several routes from Washington and exposed points being at great distances from each to New Orleans, they state so much for location, so much other, render the necessity of good roads (in a time of war) for graduation and bridges, and so much for turnpiking all essential. The military power of a nation, in all ages, with stone. The committee, by deducting the latter, and consists not more in a numerous population and great re-taking the best pains they could upon the subject, came sources, than its capacity to concentrate its forces with to the conclusion that fifteen hundred dollars per mile rapidity to the exposed points on the frontier liable to be would make an excellent common road, graduated at an assailed. Good communications increase the military arm elevation of three degrees in the mile. in a due proportion to the population and resources of a From this city to Buffalo, a considerable distance is nation or country. On a single day, sooner or later in the turnpiked; and, whenever that is the case, it is not to be arrival of troops or intelligence, may altogether depend affected by this bill. The whole road to be made will be, the fate of the most important places in the country. as near as the committee could judge, about fifteen hunThis road to Buffalo presents advantages peculiarly na-dred miles, which will cost two million two hundred and tional in their character. It opens a country abounding fifty thousand dollars, to be drawn in instalments of not in iron, fuel, and water power; and, in the event of our more in one year than about five hundred thousand dolfounderies and armories on the seaboard being destroyed lars; which sum the country will scarcely feel, and it will by an enemy, it would afford the means of establishing be distributed along the whole line among architects, the others in the interior, secure from attack, where cannon, owners of the adjacent lands for materials, and to the shot, small arms, &c. might be manufactured, which, by poor and industrious laborers. means of this road, and other means of transportation, The great national advantages of a road from the seat could be taken to any point wherever the nation should of Government to New Orleans, will scarcely, I should require. It would also open to the seaboard, as well as suppose, be denied by any one. Soon after the acquisito the lakes, an extensive and fertile country, increasing tion of Louisiana, Mr. Jefferson, as I have understood, in population and in the production of provisions of every had a reconnoissance of a road to New Orleans taken at description, and which could be made available at either his private expense. It has been deemed of such magniextremity of the road. tude by the General Government, that three general The proposed road would derive additional importance, routes have been surveyed, under the act of 30th April, in a military view, from the character of the population 1824; many of the reasons assigned in favor of the Bufof the country through which it wili pass. In the moun-falo part of the road will equally apply to this part. Its tain regions, it is said that there is scarcely an individual importance in time of war cannot be overrated; the dif who is not well acquainted with firearms, and expert in Siculty of transporting men and arms to this exposed point horsemanship; the whole population in the mountain re- (during the last war) is well known to us all. I will not gions (as well as in the plain country) are distinguished descend to particulars: I appeal to the recollection of this for their physical energies, which will always render them honorable committee.

among the best materials for military purposes. In time The routes surveyed are an eastern, a middle, and a of peace, cannon and munitions of war might be con-western route. The committee, after a careful examinaveyed by sea and the New York canal to the frontiers on tion of the report of the engineers of 8th April, 1826, the lakes. But, in time of war, the maritime power of the selected the western route. The Committee on Roads enemy would render this communication too uncertain, and Canals, at the last session of Congress, did the same; and in the winter time the canal would be frozen. [Here and I am persuaded the Committee of the Whole House Mr. HEMPHILL read the report of Doctor Howard, one will be of opinion that it is, upon the whole, the most of the United States' engineers.] eligible route--cach have their advantages and disadvan

"The importance of such a road as that now proposed, tages. The report says, "that the eastern and middle in a military point of view, is so strongly marked, that it routes will accommodate directly more States than the will not be necessary to dwell on them in detail, but western; but, by anticipating the increase of the populamerely to point them out. It will afford a ready commu-tion on the western route, that the three, in this respect, nication to the northern frontier, from the central part of ought to be placed on the same footing. In comparing Pennsylvania, from Maryland, and from the eastern part the western route with the eastern route, we find that on of the State of Virginia, giving facilities for the transpor- the eastern route the soil is inferior, the bridges and tation not only of men, but also of many of the supplies causeways will be greater, the advantages to internal comand munitions of war, which are the productions of these merce will be less, and that this route would not be so three States. During the last war, the route by the Paint- useful in war; that the carrying of the mail and the exed Post was found so necessary for this purpose, that it was extensively used; and, notwithstanding the badness of the roads, supplies of all kinds were carried on it, at an expense which it is satisfactorily estimated would have been sufficient (in a single campaign) to have defrayed the cost of the work.

penses of travelling would be greater, and, on the whole, it will be more costly. Its advantages over the western route are, that the graduation will be less, that it would, in a greater degree, facilitate correspondence between our inland importing and exporting marts, and also diffuse political information between the General Government

H. of R.]

Buffalo and New Orleans Road.

[MARCH 23, 1830. and the capitals of the South, as this route would pass "That the route on which the mail is carried from the seat through many of them. In comparing the western with of Government to New Orleans, is estimated at one thousand the middle route, we find the materials for a road about three hundred and eighty miles, and requires a travel of the same. The soil on the western route is the best; the twenty-four days in the winter and spring seasons of the causeways will be less, and the graduation greater. The year. The mail on this route is sometimes entirely obbridges on the western route will be in length only three structed by high waters; and, when this is not the case, it miles and nine hundred and fifty-three yards. On the is frequently much injured by the mail horses swimming middle route, the length of the bridges will be six miles creeks and through swamps, by which newspapers are and one thousand two hundred and thirty-nine yards. The frequently destroyed, and letters obliterated." distance of the middle route is eleven hundred and forty In this report, it is further remarked that "the route miles. On one course of the western route, the distance by the way of Warrenton, Abington, and Knoxville, afis exactly the same; but on Snicker's Gap route, it is fords great facilities for the construction of a mail road. eleven hundred and sixty-three miles. The expense of Through Virginia and Tennessee, the materials are abun labor is rather less on the western route. For carrying dant for the formation of a turnpike; and through the States the mail, the report gives preference to the middle route, of Alabama and Mississippi, it is believed, from informa but at the same time remarks, that, as to time, it does not tion which has been obtained, that in no part of the Union suffice that it should be travelled over in the shortest time, can an artificial road of the same length be constructed at and at the least possible expense; but it must also accommo-less expense; on this part of the route the face of the date laterally to its direction the greatest extent possible country is level, and the soil well adapted for the forms. of territory. In this point of view, it is said, if the west-tion of a solid road. If a substantial road were made in ern route is not as central as the others, in relation to the this direction to New Orleans, the mail could be transportStates it traverses, it has the advantage of being more ed to that place, from this city, in eleven days; if the central in relation to the States taken together, and com- roads were to pass through the capitals of Virginia, North prehended between the Atlantic on the east, and the Ohio Carolina, and Georgia, it could be conveyed in less than and the Mississippi on the west. twelve days. The department now pays at the rate of But, in relation to such a road as this will be, extending fifty-six dollars and seventy-six cents a mile for the transfrom the seat of Government to two exposed and extreme portation of the mail, three times in each week, to New frontiers of the country, and which is calculated to remain Orleans, when, on a good turnpike road, it could be cona great highway for ages, a little difference in expense or veyed in a stage, as often, and in less than half the time, distance ought not to be viewed as of much importance. at the same expense, with the utmost security, and with a There are considerations which give a decided prefer- considerable increase of the receipts of the department." ence to the western route. The first is its superior ad- The committee have introduced this bill, without any vantages in time of war. The Southern States will have reference to the consent of the States, deeming it to be their own borders to defend, and this they will be always entirely immaterial. Mr. Madison, in his rejection of the capable of doing. They are contiguous to each other, a bill, to set apart, &c. says, "That if the power is not vest. condensed population, and nearer to the seat of Govern-ed in Congress, the assent of the States cannot confer it." ment, and to the military and naval establishments. They In the first session of the fifteenth Congress, this House, by will seldom, if ever, be called across the mountains. The a vote of ninety to seventy-five, asserted the power to make States on the Gulf of Mexico, being in the vicinity of the post roads, military roads, and other roads, without the con West Indies, will be exposed to imminent danger; and their sent of the States. By the act of the 30th April, 1802, own forces being inconsiderable, they must look for assist- by which Ohio was admitted into the Union, certain conance from remote inland States. Tennessee and Ken-ditions were annexed, for the free acceptance or rejection tucky, having no frontiers to defend, and being more in- of the convention, among which was the application of a terested than the South in the regions of the gulf, would part of the nett proceeds of the lands lying within the be their natural allies, and always ready to aid the States State to the laying out and making of public roads lead. of Louisiana and Alabama, and to defend the naval esta-ing from the navigable waters emptying into the Atlantic, blishments at Pensacola. This road, in case of an emer-to the Ohio, to the said State, and through the same— gency, would afford to the Western States the most signal such roads to be laid out, under the authority of Congress, advantages. They could then march their troops to the with the consent of the several States through which such field of battle. The western route will connect different roads shall pass. In compliance with this act, the law of sections of the country, which are separated by natural the 29th March, 1806, for the construction of the Cumobstacles. This is one of the great advantages of in-berland road, requested the President to obtain the conternal improvements. It will form a communication be-sent of the States through which the road was to pass tween the West and the Atlantic Ocean, and augment in- At this early period, it does not appear that the subject ternal trade; the people of the West could bring their had been much reflected on. Mr. Monroe's views, preproduce to it and along it, in either direction, to the most sented to Congress on the 4th of May, 1822, contain this convenient avenue to a market. passage-"The States, individually, cannot transfer the There is another consideration; it is miraculous to see, power to the United States, nor can the United States reas we now do, the rising country in the West--the ima-ceive it. The constitution forms an equal, and the sole gination of no man could have foreseen it. The enter-relation, between the General Government and the seve prise of the West has greatly enlarged the importance ral States, and it recognises no changes in it which should and power of the nation; and, as the Western States have not in like manner apply to all." In addition, I will read no lands to form a public fund, it cannot be expected an extract from the report of the Committee on Roads that they will make many leading roads for a long time, and Canals, in the first session of the eighteenth Congress. by a direct taxation on the people: the nett proceeds from [Here Mr. HEMPHILL read the following:] the sale of the public lands will always be inadequate for "The General Government cannot acquire exclusive the roads which their rapidly increasing population will jurisdiction, except over all places purchased by the con require. This road would highly benefit a portion of the sent of the Legislature of the State in which the same West: but, if it should run to the east of the mountains, may be, for the erection of forts, magazines, arsenal, the people of the West would reap no advantage from it. dockyards, and other needful buildings. The States can, I will close this part of the subject, by reading an ex- in no other instance, give jurisdiction to the United States. tract from the report of the Postmaster General, in 1824. It is as follows:

The General Government derives its whole power from the constitution, and it can neither be increased nor di

MARCH 23, 1830.]

Buffalo and New Orleans Road.

[H. of R.

minished, in the slightest particular, by any other means tion itself has providently pointed out." Again, in his than by an amendment of the constitution.

message of the 3d March, 1817, he says, "I am not unaware of the great importance of roads and canals, and the improved navigation of water streams, and that a power in the National Legislature to provide for them might be exercised with signal advantage to the general prosperity." Mr. Monroe, in his message of 1817, observed, that, Congress became so well convinced of the inutility of "When we consider the vast extent of territory within obtaining the consent of the States, that, by the act of the the United States, the great amount and value of its pro3d March, 1825, for the continuation of the Cumberland ductions, the connexion of its parts, and other circumroad to Zanesville, and to lay out a road from thence, by the stances on which their prosperity and happiness depend, seats of the Governments of the States of Ohio, Indiana, we cannot fail to entertain a high sense of the advantages and Illinois, to the seat of Government in the State of Mis- to be derived from the facility which may be afforded in souri, they omitted the clause entirely. Indeed, every one, the intercourse between them, by means of good roads on the slightest reflection, will see that power cannot be ac- and canals. Never did a country of such vast extent ofquired in this way, and to exercise it in this modified form fer equal inducements to improvements of this kind, nor might lead to delays and inconveniences: some States may ever were consequences of such magnitude involved in assent and others decline, and the consent may be given them," &c. on conditions concerning which disputes might afterwards arise.

"The General Government and the States are to act in their own proper spheres on the powers they respectively possess; they cannot exchange power, or, by any consent or combination of power, give or take jurisdiction from each other."

In relation to the preservation of the Union, the subject presents itself in the strongest possible light. The character of the face of the country, the variety of soils and climates, necessarily give powerful impulses to sectional interests and feelings; and, in the absence of great and national improvements, these different interests will be entirely regulated by the mountains, waters, soil, and climate; and the stronger these interests grow in their natural channels, unconnected and independent of each other, the more will the affections for the General Government diminish.

I am fully convinced that, where either Government possesses jurisdiction, it had better act on its own authority: where there is a concurrent jurisdiction, there can never be a necessity for both to act; for, if one acts, both can enjoy the benefit of it. I am speaking of internal improvements; in such cases there can be no danger of any confliction, for it is unnatural to suppose that one would desire to expend money on an object which the other had commenced, and was willing to accomplish of its own accord. I will here be allowed, Mr. Chairman, to make a few general observations on the subject of internal improvements; and I will begin with calling to the recollection of the committee extracts from the messages of seve-advantage of the whole. But this highly interesting, po

ral of the Presidents.

A people, speaking one common language, and being in substance the same people, can have no inducements to separate, while their interests can be interchanged to the

litical, and commercial state of society can only be attainMr. Jefferson, in anticipation of a surplus revenue, ed and secured by internal improvements of a national made suggestions as to its application. He asked, "Shall character. There is no other choice. All the wisdom it lay unproductive in the vaults? Shall the revenue be and experience of man can contrive nothing else. It is to reduced? or shall it not rather be appropriated to the im- internal improvements, and to those only, that the people provement of roads and canals, rivers, education, and are to look for these high and permanent blessings. other great foundations of prosperity and union, under A thorough and judicious execution of internal improvethe powers which Congress may already possess, or by ments would enliven the whole country. The advantages such amendments of the constitution as may be approved of such public works are so universally acknowledged, of by the States? While uncertain of the course of things, that it would be time misspent to go into any reasoning on the time may be advantageously employed in obtaining the subject. The results have been the same in all ages the powers necessary for a system of improvements, and nations. It is enough to say that it will promote the should that be thought best." landed interest to its highest tide of prosperity, and that Mr. Madison, in his message of 1815, refers to this sub-it will always be the leading interest of this country. ject, and says, that, "among the means of advancing the Where there is no carrying trade to a great extent, compublic interests, the occasion is a proper one for recalling merce, cannot lead; it must follow the prosperity of the the attention of Congress to the great importance of esta-land: and whenever that flourishes, commerce, manublishing, throughout our country, the roads and canals factures, and the various vocations of society, will partici which can best be executed under the national authority.pate in the general good. Congress can do no act which No objects within the circle of political economy so rich- will so effectually remove the necessity of a high tariff. ly repay the expenses bestowed on them; there are none The raw materials will be more abundant, and consequentthe utility of which is more universally ascertained and ly cheaper. They can be transported to the manufactoacknowledged; none that do more honor to the Govern- ry, and the manufactured articles from thence to the marments, whose wise and enlarged patriotism duly appre- ket places, at a less expense. No policy ever was, or ciate them; nor is there any country which presents a field ever can be, presented to the national councils, which where nature invites more the art of man, to complete her would be more purely American. It benefits the whole, own work, for his accommodation and benefit. These and oppresses none. considerations are strengthened, moreover, by the politi There is no country more susceptible of improvements cal effects of these facilities for intercommunication, in than our own. It comprehends so many degrees of latibringing and binding more closely together the various tude on the ocean, and also of longitude in the interior, parts of an extended confederacy. Whilst the States, abounding with mountains, lakes, and rivers, and emindividually, and with a laudable enterprise and emulation, bracing almost every climate and variety of soil. I will avail themselves of their local advantages by new roads, not fatigue the committee by any enumeration of the caby navigable canals, and by improving the streams sus-pacities of the country for improvements. I will barely ceptible of navigation, the General Government is the allude to one, which, I think, ought never to be lost sight more urged to similar undertakings, requiring a national of--I mean the Atlantic canal, from the extreme North to jurisdiction and national means, by the prospect of thus St. Mary's, and one to connect the waters of the Atlantic systematically completing so inestimable a work; and it is with the Gulf of Mexico, and from thence to New Orleans. a happy reflection, that any defect of the constitutional This once effected, would connect itself with all the landauthority can be supplied in a mode which the constitu-ings and valuable streams, from the Mississippi to the exVOL. VI.-81

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