APRIL, 1830.] Buffalo and New Orleans Road. [H. or R. to demand of him, and of you, that in this belief that the inequality they are subjected to, modification their interests should be regarded. is, under any circumstances, to be made to them Yes, sir, and that their opinions, too, should by the disbursements of the Government. The have their due weight; here, sir, the message best, the most they could hope for, under the is also as it should be: for the sake of harmony operation of this internal improvement system, in our national councils, an abandonment of the is an effect sometimes seen in the conduct of a scheme of internal improvement is distinctly speculator, who, finding that the stock on hand recommended. But the indications of the has fallen in price, goes on purchasing on a temper of the House on those two points are falling market, whereby he lowers the average, calculated to increase the anxiety of the South but increases his loss. So long, therefore, as to produce alarm in their minds. A bill to the southern country pays two dollars tax for modify the tariff in the spirit of the message, every one dollar of that tax that is paid into the was reported by the Committee of Ways and Treasury, will it be plain to them that, even on an Means. It was kicked out with indignity equal application of the revenue to all parts of by this House, and by most of the same votes; the Union, they will be losers one hundred per a most alarming liberality in appropriations cent.; but they know they are to lose more. is observable. Shall the entire payment of They have no warrant for the belief, that those the public debt give us no relief? I beg who now see not that they are unequally taxed, the committee to pause, and think of this will ever be less unequal in the application of matter; we have no hope for justice, we look the proceeds. Should any thing be done in not for equality of taxation. This inequality their country, under the name of internal imwe have borne, and (to be applied to the neces-provement, they well do know that, for every sary expenses of Government) we will bear it dollar thus received, they will pay five; and so long as it is tolerable: nor will I attempt to from the manner such works must and will be mark the limits to which Virginia will go. executed, their own contributions to the particWhatsoever can be done by heroic fortitude, all ular work itself will exceed its value. But, that can be dictated by love of this Union, by sir, if this bill passes, they see not in it a disher clear perception of her deep interest in it, position to give them one dollar in five of their will be done. But I pray you, do not declare own money. They cannot regard the money to her that the present inequality of taxation as appropriated to open the road. No, sir; shall not only remain, as it respects the propor- they will believe that the road is to be opened tions, but shall be kept up, as it regards also its to appropriate the money. I shall say nothing amount. It is not sufficient to answer that of the want of lawful power which should now this inequality is imaginary. The legislators of hold our hand. Reasons, good, for declining to this land cannot wisely, they cannot safely, argue that question here, were stated in the disregard the deliberate, settled opinions of the opening of the debate. But the deep, the growers of two-thirds of its exports. This settled opinion of the South, that they are interest is too powerful in wealth, numbers, oppressed, becomes a matter of more serious and talents, to be thus treated. I ask not, I do consequences, when you take into view their not insinuate, that the decision of this question equally settled opinion, that the oppression is to be left to them. No, sir; this whole sub- arises from the exertion of unauthorized powject is to be weighed and decided by the major-er in the manner the taxes are laid. This mode ity, who feel not the interest and partake not of the opinions of the population alluded to. I ask that majority, in framing their own opinnions, to spread out this whole country before their mind's eye. You know that sore restlessness exists, if you will not, and think you cannot appease it. It is unwise, it is unsafe, to increase it. The arguments which the committee have heard from others, prove clearly that this road could get but few votes in its favor, upon a simple comparison of public and general utility with its cost. The abstract principle of internal improvement with its connection with the American system (as it is called) is to carry the bill, if carried at all. Should this bill pass, I should regard it as conclusive, that the purpose of this Government, to keep the present grinding oppression of the South up to its present amount, is fixed. I have an awful feeling on this point. I know well the opinions of my own constituents, and we all know that one common feeling, on this subject, pervades the whole southern country. They cannot, for one moment, be duped into the of continuing these taxes, or increasing them, is also by them regarded as unconstitutional. The state of feeling and of opinion thus entertained by the South, I wish taken up and considered as a substantive argument in itself, unconnected with the idea of its being well or ill founded. You cannot say it is capricious; you cannot say it is entitled to no respect; the opinion has been long fixed, it is identified with the soil; it is now, and always has been, the deliberate conviction of many of the clearest heads and soundest hearts of this or any other country. It pervades a large, a powerful section of country, marked out by natural boundaries. The lawgiver who acts in contempt or disregard of opinions, thus situated, acts unwisely; he treads on danger's giddy brink. Mr. Jefferson is often cited as authority here on all sides; the fixed opinion of New England caused him to give up the embargo. The opinion of Massachusetts was not more firmly or warmly set against the embargo, than is that of the whole South against the tariff, and this mode of continuing or increasing it. Our federative system is sup H. OF R.] Buffalo and New Orleans Road. [APRIL, 1830. posed to be wisely contrived to secure as much | back for precedents of constructive powersof energy as is consistent with the preservation of liberty; but, sir, the lawgiver who acts on these States as one compact whole, and regards not the opinions, nay, the prejudices of large compact minorities, knows nothing of the spirit in which the constitution was formed, or the practical administration by which our Union, under it, can be preserved. we can find them sufficiently numerous by daily observation in this House. It has not been many days since we construed two "little words " into a statute of Virginia, in order to eject one member from his seat, and put another one in it. And for this we had the efficient aid of the honorable gentleman from Virginia, who spoke so feelingly against this bill. I followed his example; for I thought his construction the right one, although the reasons for it would not be entirely satisfactory to a plain man, who understands words by their apparent meanings. The truth is, the Constitution of the United States was intended to save the country from misery and anarchy. It is a grant of enumerated powers; powers which could not be very rigidly or strictly defined. The wants of a great and growing nation could not be anticipated or imagined; and so long as the exercise of those powers tends to the gen Mr. W. B. SHEPARD said he did not rise at that late hour, with any desire of entering fully into the discussion of the subject before the committee. I have (said Mr. S.) no such uncharitable intention; I merely wish to explain the reasons why I should give the vote I intend to do on this occasion. And this, sir, would be unnecessary; but, representing the section of country, and holding the opinions which I do, my motives might otherwise be misunderstood. Perhaps in the course of my observations I may be induced to take a short excursion along this road, with the view of picking up a few strag-eral welfare and prosperity, they answer the glers by the way side. This subject has been discussed upon two grounds-its constitutionality and its utility. I had hoped, sir, after the abandonment of the constitutional ground of objection by the honorable gentleman from Virginia, we should have taken the question as settled, that the General Government have the right to prosecute works of improvement within the bounds of the several States. [Here Mr. BARBOUR interrupted Mr. S., and denied he had abandoned that ground.] I have no intention of roaming over the numerous reasons why the General Government has this power; but would merely observe, that it is very surprising to see gentlemen denying this power, who admit other constructions of a more evil or dangerous tendency. It is the practice of those who advocate this restrictive construction of the constitution, to appeal to Mr. Jefferson as to a pure fountain of truth, undefiled; they catch at the slightest word which has fallen from him, and regard it as an incontrovertible political axiom. And yet, sir, the most remarkable instance of constructive power ever assumed by this Government was under his administration, and by his recommendation. I mean the purchase of Louisiana. I would ask those who rely on this authority for the correct construction of the constitution, to show me the clause which gave the power of purchasing Louisiana to the General Government; and, if they cannot find it expressed totidem verbis, will they stand up on this floor and condemn that purchase? Will they condemn an act which brought a new world into existence, and opened the fertile and prosperous West to the industry and enterprise of our fellow-citizens? I mention this fact, with no intention of derogating from the wellearned fame of Mr. Jefferson, but as an instance of his practical construction of the constitution. If his opinion changed, I know of no reason why we should wander, even with the divine Plato. It is unnecessary to go very remotely great end for which they were designed. It is immaterial what set of politicians are called to the administration of this Government-they will find themselves compelled to adopt the construction now contended for. Upon any other, the Government may reel on its feeble existence for a few years, and finally be dissolved by its own weakness. We have heard allusions made in the course of this debate, to those persons who desire a great and splendid Government. If by a splendid Government, gentlemen mean a Government which carries its blessings into the remotest corners of its dominions, which peoples its forests with a living and industrious multitude, which is hailed with gratitude and joy in the remotest log house beyond the mountains, I am, sir, for a splendid Government. I would rejoice to see the day when the name of an American citizen, like that of the ancient Roman, would be a protection on every sea, and a terror to tyrants on every land. But if nothing more is meant than a continual playing with the passions and prejudices of the people, for the offices of the Government, the less we have of such splendor the better. To be happy and free, we must be great. By greatness I do not mean the voluptuous splendor of an eastern monarch, a mere sensual enjoyment, the indolence of one, maintained by the sacrifice of millions; I mean that greatness which demands and obtains the respect of the world; which ensures to the poorest citizen of the community personal security, the means of obtaining plenty, and a fair field for the exercise of all the energies of his nature. The most melancholy forebodings have been indulged in, should we continue to progress with this system of opening roads, making canals, and deepening harbors. The fate of Rome has been brought before us, and painted in vivid colors; her passion for splendor has been assigned as the legitimate cause of her degradation and misery. Rome was a nation of warriors; her splendid ways were constructed to APRIL, 1830.] Pensions. [H. OF R. transport her conquering legions to enslave na- tion in the choice, though the charge has been tions; she lived by the plunder of the world: consigned to the "kennel of forgotten calumdespising commerce and the pursuits of civil nies," the bare existence of this circumstance is life, she had no occupation but that of war. proof of the uncontrolled and uncontrollable The comparison, therefore, is not sustained; power of the people in the administration of our roads are intended to draw closer the bond this Government. Does not this House daily of union; to drive, by a nearer and more fa- exhibit that they are tremblingly alive to the miliar intercourse, barbarism and hostile feel- opinion of their constituents? That the slightings from among us; to unite us, by the closest est murmur of disapprobation at home sounds of all ties, the tie of interest. But, sir, should like thunder in their ears? How, then, can we this devout end not be obtained, should the sun imagine the power of the Government is inof our horizon run his ecliptic course through creasing? Are we prepared to adopt the nullias brilliant a galaxy as that of ancient Rome,fying notions that seem to have struck so forciand finally set in as mild a splendor as that of bly the imaginations of some of our politicians? modern Italy, the land of science and of glory, I hope not; I do not despair of the republic, this would be better, far better, than twenty- but have great confidence in the permanence of four petty, jarring, independent tribes, the natu- our institutions. And, although I differ widely ral and inevitable result of the opposite doctrine. from many of the opponents of this bill, I canIn the one case, we may leave something for not vote for it. I do not think the expediency the study and admiration of mankind; in the or necessity of a road from Buffalo to New Orother, a great deal for his scorn and contempt. leans has been shown to the House. I have Equally unfortunate, in my estimation, was the no doubt that the General Government has the allusion made to the present condition of Eng-power to execute the work; but I cannot conland. Her immense debt, which weighs so heavily upon the industry of her people, was not incurred by making roads or cutting canals, but in unnecessary wars; so far from it, that the very existence of that country is now to be attributed to its high state of improvement, to the facility of intercourse through every section, by means of which the industry of every part of the population is wafted to every quarter of the world. By means of the twenty-five or thirty canals uniting the eastern with the western section of England, the spirit and intelligence of the capital is conveyed in a fruitful stream throughout the kingdom. We have seen England, with a population of ten or fifteen millions, maintaining a firm and invincible front against hostile Europe. We have seen her warring in every hemisphere, the last refuge and only hope of free principles in the old world! sent to expend so large a sum of money as this road will require, for an object the utility of which is so doubtful. I will not repeat the arguments which have just fallen from the honorable gentleman from New York; to my mind they are perfectly satisfactory of the inexpediency of this measure. Mr. RAMSEY, of Pennsylvania, spoke in explanation of his former remarks, referred to by some gentlemen. Mr. CARSON replied to some of the remarks of his colleague, Mr. SHEPARD. Mr. WIOKLIFFE moved that the committee rise, and report the bill, with a view of refusing leave to sit again, and discussing the amendment in the House; but The Chair pronounced the motion out of order. Mr. STORES replied to some remarks of Mr. RAMSEY, in reference to his course on this bill; and, After some further explanation between Mr. SHEPARD and Mr. CARSON, The committee rose, on motion of Mr. ARCHER. FRIDAY, April 2. The House resumed the consideration of the sary for the District of Columbia. To what are we to attribute this indomitable spirit? And whence did she draw the treasure to sustain this protracted struggle? Her people, on beholding the land of their birth rendered a garden, and endeared by their industry, would have died sooner than have permitted the spoiler to have entered their territory. In the course of this debate, we have heard the remark of a celebrated British orator, "that the power of the crown had increased, was in-resolution, proposing to set apart every other creasing, and ought to be diminished," applied Thursday for such legislation as may be necesto this Government. This may be true, sir, but there is no evidence of it. To ascertain if there is a probable foundation for the remark, let us look at the occurrences of the last few years. We have seen an administration hurled from its seat by a spontaneous burst of the popular voice; not because the constitution had been violated, not because the liberty of any one had been assailed, but from a bare suspicion that unfairness had been used in preventing the will of the majority. And although, now, no honorable man believes there was any corrup Messrs. SPEIGHT and P. P. BARBOUR, against the After a good deal of debate on the part of resolution, and Messrs. MALLARY, DAVIS, and INGERSOLL, in its favor, and an ineffectual attempt of Mr. BARROUR to lay it on the table, the resolution was adopted-yeas 86, nays 75 —so modified as to commence next Thursday. SATURDAY, April 3. The House took up the following resolution, H. OF R.] Pensions. [APRIL, 1830. heard, let this House be heard in their behalf, at least with the usual forms of respect and attention. The resolution, therefore, only covers, beyond, the cases of those who, under different enlistments, served nine months, or, under one or more enlistments, a shorter term than nine months. reported by Mr. BATES, from the Committee on | bill of the last Congress did not arrive even to Military Pensions : that honor. Do what you will to these old sol"Resolved, That the Committee on Military Pen-diers, but hear them. And if they are not to be sions be instructed, agreeably to the President's recommendation in his message of the sixth of December last, to revise the pension law, for the purpose of extending its benefits to every soldier who aided in establishing our liberties, and who is unable to maintain himself in comfort, and to report to the House a bill for that purpose. And, also, that said committee be further instructed, agreeably to said recommendation, to report a bill for the relief of all those who were, during the last war, disabled from supporting themselves by manual labor." Mr. BATES said, the applications for pensions are numerous, which do not come within the range of the provisions of the pensions laws, and for which provision ought to be made, if made at all, by a general law, and not by special acts. In order to take the judgment of the House upon the propriety of passing such general law, the committee thought it best to present the question in the form of a resolution, that it might be stripped of the embarrassments and refuges which the details of a bill create ; and he supposed it would be expected of him in a few words to call the attention of the House to its import and general bearing. last war. There was another class of troops, now known as State troops, eleven regiments, or rather battalions, for they consisted of but five hundred men each, who are also provided for by the bill now in the Senate, leaving those only to be embraced by the resolution, who served for a shorter time than nine months, or nine months at different times. volunteers, who, at all times, were useful, and, The third class consists of the militia and Thus far for the import of the resolution. As to its bearing upon the Treasury, if it should be consummated into a law, the committee, aware that they would be called upon to state the number of soldiers it would embrace, addressed through the House a resolution to the tration of this subject, and all the means of inhead of the department who has the adminisformation in relation to it, accessible or known to the committee, which he asked the Clerk to read, with the Secretary's answer to it: The resolution (he said) embodies precisely the recommendation of the President in his message at the opening of the present session of Congress, no more, no less. It involves two propositions, the one relating to the soldiers of The second proposition is to give a pension the revolution, the other to the invalids of the to those "who were during the last war disThe first proposition is to extend the abled from supporting themselves by manual benefits of the existing law to "every soldier of labor?" Those who were disabled by known the revolution who aided in achieving our liber-wounds are now provided for, leaving only ties, and who is unable to maintain himself in those for the resolution to act upon who were comfort." To extend the existing pension law disabled by other means, such as hardships, ex-the act of 1828, so far as it relates to the posures, &c., &c. officers, was founded on compact; and, so far as respects the soldiers, it gives pensions only to those who served to the close of the war, &c., without any reference to their ability or inability to support themselves; and has, therefore, no application to the subject in hand. The law of 1818 gives a pension to those of the continental establishment, who, at one period of the war, or, in the language of the act, "at any period of the war, served for the term of nine months or longer," and who were in such circumstances as to need, &c. Under the construction which has been given to this act, those whose enlistment was for a shorter term than nine months, whatever might have been their term of service, are excluded, and those, also, who enlisted for nine months, and by captivity were prevented from serving in the army. For these two classes provision has been made by the bill that has gone to the Senate; and which, by great grace and favor, has reached the honor of a second reading, upon a call of yeas and nays, by a vote of nineteen to seventeen. Mr. B. said he congratulated the House upon this occasion It might grow to be of some importance in this Government, for the Mr. BATES, from the Committee on Military Pensions, reported the following resolution, which was adopted: Resolved, That the Secretary of War be directed to report to this House the probable number of surviving revolutionary officers and soldiers (not provided for by the existing pension law) who aided in establishing the liberties of the United States, and designating, as nearly as may be, such as belonged to the continental establishment, and such as were regular troops of the line of the army, but not of the continental establishment, and known as State troops; as, also, such as belonged to the militia of the States, severally, whether as volunteers or otherwise, and what additional appropriations will be who are unable to maintain themselves in comfort; necessary to meet the views of the President in this respect, as disclosed in his message at the opening of the present session of Congress; and, further, to report the probable number of those who were, during the late war, disabled from supporting themselves by manual labor, and who are not provided for by existing law. WAR DEPARTMENT, 19th January, 1830. The resolution of the House of Representatives, of the 14th January instant, relative to the number of surviving revolutionary officers, &c., cannot be fully and satisfactorily answered by any information on file in this department. The enclosed communi cation from the principal clerk of the Pension Bu reau is a reply, to the extent that the records of ANDREW STEVENSON, Esq. J. H. EATON. Speaker of the House of Representatives. Pension Office, January 15, 1830. [H. OF R. These get that time has thinned the ranks of these the measure. He congratulated the soldiers of the revolution that the President had pledged the authority of his name, and staked to the nation his influence with Congress in their behalf. It was an act worthy of a President of the United States. It ought never to be heard in a country like ours, that these men are left to suffer from want, or even to feel that they have been rigorously and harshly dealt by, and he hoped to hear no more of paying the national debt until this, the most ancient, just, and sacred, is first met and cancelled. Sir, (said he,) there never was a race of men so trifled with as these men have been, whose feelings and honor were held in such cheap account. In 1818, you gave them a pension. In 1820, as soon as they adjusted themselves to their new condition of comfort, you took it away. By the same act, and that of 1823, you readmitted a portion of them to the pension roll, but upon this condition-a sworn confession of absolute pauperism, nay, you required proof of it upon inspection, and valuation. You searched their tents as if they had been felons, not to ascertain where they get their plunder, but what they had, and what they had done with what they had not. You made him account for the twin lambs he had given his children for the rearing, and for the cradle his wife had given to his daughter upon her marriage. You charged him piety had rendered, unless he could show an anwith the money he had paid for services filial obedient servant, Hon. JOHN H. EATON, Secretary of War. tecedent contract which no parent ordinarily would have thought of proposing, and no son, Mr. B. said he called for the reading of these unless a bastard or an outcast, of making. In papers rather for the purpose of showing what 1828-29, no sooner had a new rule been adopted, is not attainable than what is obtained. Inas- more just, more liberal, and in my view more much as this measure was recommended by the conformable to the act of 1818 than the old one President the committee thought it due to him was, and the hopes of these men, which had to call upon the appropriate department of his become dead, been revived, and their crutches cabinet for such facts and information as might put in motion,-for they had no time to losebe useful in justifying and sustaining it. But, no sooner had they set out upon their pilgrimage from the condition of the records of the army, to the court-houses, to get their papers, than and the nature of the case, it is impossible to the rule was reversed-the Government had form a satisfactory opinion upon the subject. changed its mind-" as you were," was the He would not, therefore, venture to give one. order from the War Department. Of course, The fact can only be ascertained now, as it was all their expense and trouble were incurred for in 1818 and 1828, by experiment. Of one fact, nothing. I repeat, sir, there never were men however, and the only one material, we are so trifled with. Age, infirmity, poverty, and assured, and that is the ability of the Treasury suffering had been sported with, not by the to meet the demand which the resolution may boys of Bethel, but by Congress. Here, sircreate upon it. The House ought not to for-less here than elesewhere. Fair speeches will mate. I have no means of ascertaining what number of persons were disabled during the last war, who are incapable of maintaining themselves by manual labor, and who are not provided for by law. I have the honor to be, very respectfully, your J. L. EDWARDS. |