Mr. IRWIN, of Pennsylvania, expressed his hope that both the amendment of the gentleman from Kentucky, and that of the gentleman from Virginia, would be rejected.

Mr. MALLARY contended that it was due to the President, who is at the head of the military force, to give to him an entire command over those works which are connected with the military defence of the country. He could, in the exercise of that power, lead to more full and more satisfactory results than we can ever be brought to by listening to the contending claims of conflicting interests in the House. There was no reason for imposing this limitation on the present Executive.

[APRIL, 1830.

Mr. AMBROSE SPENCER stated that the ques- | representatives give to the bill, I will ask the tion as to the power of the Government to indulgence of the committee, while I submit make these surveys, was settled by the act of some of the views which have been impressed 1824, and that it was useless now to make it a on my mind in relation to it. The constitusubject of discussion. He was opposed to im- tional question which has been so frequently posing upon the present administration a limi- discussed in this House on former occasions, it tation which had not been imposed upon their is not my intention to notice. I consider it predecessors. He declared himself adverse to deliberately established by successive acts of the amendment to the amendment, as well as legislation for a series of years, and by public to the amendment. He expressed his concur- opinion, by which I do not wish to be underrence in the views which had fallen from the last stood to mean the opinion of a single congresspeaker, and controverted the idea that works | sional district, nor of a State, but that great confined entirely to particular States were and abiding opinion of a majority of the people necessarily not national, cases of which he of most of the States of the Union, repeatedly cited. expressed after long deliberation, resulting in a settled conviction that the constitution has given to Congress full and complete control over the subject, limited only by their discretion, in legislating for the public welfare. Here it should be suffered to rest, for the mind of man cannot give it any additional light. It has been said, sir, that, at a former session of Congress, it was only designed to make a national road from this city to New Orleans, but that the friends of the measure, despairing of being able to pass the bill in that shape, determined to enlist other interests, and that the sectional feelings of the people of the interior of Pennsylvania could be brought into action, by extending the road through that State to Buffalo. It was not left merely to inference, but it was broadly asserted that the approbation of the people of Pennsylvania to the measure could be obtained in no other way, and that the national interests would be the least part of their concern. The assertion is unfounded; I trust I may be excused for saying that no part of this Union is less affected by sectional considerations, more patriotic, or more truly devoted to the welfare of their country, than are the people of Pennsylvania. They were among the first to maintain the true doctrine of our republican institutions; they cherish them as the means of individual happiness and national prosperity, and they will struggle long before they will suffer them to be impaired by refined and narrow constructions. The power to make roads and canals for national purposes, they have asserted to belong to this Government in their assemblies to discuss the question, by legislative enactments, and by the votes of · their representatives on this floor. For no selfish purpose, sir, but because they believed, and still believe, that the prosperity of the country, if not its very existence, depends upon the exercise of this power. That State has never asked from Congress any thing for works of internal improvement, although she was the first to embark extensively in them; she relied on her own resources, and has expended more money on roads, bridges, and canals, than any other State in this Union. When it is recollected that she has been second only to another State in her contributions to the national revenue; that she has asked nothing, and got nothing, for works of a local character; when

Mr. BARRINGER said, the adoption of the amendment could only lead to a multiplication of surveys; and he argued briefly to show the inexpediency of the amendments. Deeming it useless, however, to consume more time in debate, he demanded the previous question-yeas 66. The number was insufficient.

Mr. TUCKER asked for the yeas and nays on the amendment of Mr. BARBOUR, but they were refused.

The amendment to the amendment was then negatived: yeas 72-nays 96.

The question was then taken on the amendment of Mr. WICKLIFFE, and decided in the negative: yeas 75-nays 111.

Mr. WILLIAMS asked for the yeas and nays on_the_third reading of the bill, which were ordered: yeas 121-nays 64.

THURSDAY, April 1.

Buffalo and New Orleans Road. Mr. COKE, of Virginia, delivered his views in opposition to the bill.

Mr. IRWIN, of Pennsylvania, said, that the remarks which had been made by several gentlemen who had taken part in the debate, had induced him to depart from a resolution he had formed, of merely giving a silent vote in favor of the bill. But (said Mr. I.) as I am not willing that any portion of the people of my native State shall remain under the imputation of being influenced solely by local considerations, regardless of principle and the true interests of the country, in the support which they or their

APRIL, 1830.]

Buffalo and New Orleans Road.

[H. OF R.

she has pressed upon this Government the necessity of appropriating money for internal improvements of national importance, there will be no room to conclude that her people are influenced by Sectional considerations. No, her support to these measures has a nobler origin; deeply impressed with the importance of this Union to their safety and happiness, and believing that its preservation depends mainly upon its facilities for internal commerce, they will always be found in favor of any means by which objects so desirable can be best accomplished. Yet I claim for them no virtue that is not common to their fellow-citizens of other States: for I must believe that the account which some of the gentlemen have given of the means by which certain people have been brought to advocate the bill before us, is drawn from the imagination. True, you find in every community a few who are lost to all sense of public virtue, and whose sordid passions prepare them for corrupt practices. But that any considerable portion of the people, whose dis- After listening to the arguments of the gentricts, as has been said, have no sooner present-tleman from Virginia, (Mr. BARBOUR,) who ed to them the golden bait, than they abandon opened the debate in opposition to the bill, I fixed principles, and adopt new doctrines, and was forcibly struck with the contrast which that these feelings are communicated to their they presented to the sound doctrines of the representatives on this floor, who are moved old Virginia school. The Washingtons, the and governed by them, is what I am not will- Jeffersons, and the Madisons-the fathers of ing to credit. Such suggestions, made in this the republic. While their lessons of political body, with no better foundation for them than wisdom took deep and permanent root in Pennexists, lead to the most injurious consequences. sylvania, and in most of the States of this If opinions on constitutional questions are to be Union, they have been fated to be despised and bought; if men have become so flexible as to rejected by the modern politicians of the anbe swayed only by motives which address cient dominion. As early as 1790, President themselves to their private interests, what se- Washington, in fulfilling the constitutional incurity is there for the continuance of our re- junction to recommend to Congress such measpublican institutions? Our whole political ures as he should judge necessary and expeedifice rests upon the virtue and intelligence of dient, says, "that the safety and interest of the the people; and, if it be once admitted, that all people require that they should promote such questions of constitutional power may be set- manufactures as tend to render them independtled by an appeal to the base and sordid pas- ent of others for essential, particularly military sions of our nature, we shall find, like the fool- supplies," and "of giving effectual encourageish man, that we have built our house in the ment as well to the introduction of new and sand, and that in some party tempest it will useful inventions from abroad as to the exerfall to pieces. But these pictures of supposed tions of skill and genius in producing them at changes of opinion have been drawn from the home; and of facilitating the intercourse befancy. The great mass of the people, whose tween distant parts of our country." Mr. Jefinterests were to be effected by internal im- ferson, in an unpublished letter to a near relaprovements, could not have been informed of tive of my friend and colleague, (Mr. LEIPER,) any constitutional impediments; and, if they dated in January, 1809, says that he "had searched to satisfy themselves, they did not lately inculcated the encouragement of manufacfind any. In no condition of life are men prone tures, to the extent of our own consumption at to trouble themselves about matters which do least, on all articles of which we raise the raw not immediately affect them, particularly such material;" that "its enemies say that the iron as require labor to understand. But a spirit of which we make must not be wrought here into enterprise begets a disposition to inquire, and ploughs, axes, hoes, &c., in order that the ship that generally results in the expression of opin- owner may have the profit of carrying it to ions which many mistake for new doctrines in Europe, and bringing it back in a manufactured opposition to those which were supposed to form; as if, after manufacturing our own raw prevail. This is the most rational solution for materials for our own use, there should not be the continued increase of the friends of internal a surplus produce sufficient to employ a due improvement, without imputing to any portion proportion of navigation in carrying it to marof our people dereliction of principle. To show ket, and exchanging it for those articles of that the conferring of benefits cannot, in the which we have not the raw material." least, influence members on this floor, when 1815, the same gentleman, in substance, repeats

opposed to constitutional scruples or views of expediency, we have the declarations of several gentlemen from Virginia who have taken part in this debate in opposition to the bill. They have said that, if the road were to pass through their farms, they would oppose it; nay, one of them has gone so far as to say, while he complained of the unequal distribution of the public revenues which the system of internal improvement gave rise to, that the rights of his State were violated by an appropriation of money to a company which that State had incorporated for making the Dismal Swamp Canal. Can we want stronger evidence of a disinterested spirit which would reject the paternal hand of the Government, which was extended only to confer among its people its benefits and its bounties? If so, there are kindred feelings, I am told, further south, and that at this session we shall have full proof of it. But it is unnecessary to add more to contradict assertions unsupported by evidence.

In

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Buffalo and New Orleans Road.

mail."

The second section appropriates five thousand dollars for defraying the expenses of the examinations and surveys.

[APRIL, 1830. the same opinions. Sir, I hope to be par- of Representatives for the appointment of a doned for noticing a subject in this debate committee to report a bill authorizing the Preswhich does not legitimately belong to it; but ident of the United States to cause to be examthe example was shown by several of the gen-ined, and, where necessary, to be surveyed, the tlemen who have spoken on the other side. In general route most proper for the transportatruth, the enemies of the protecting system in tion of the mail between Maine and Georgia, this House have, on several occasions, however with an estimate of the expense of making said unwarranted by the subject in discussion, in-road. On the third of May, of the same year, dulged themselves in no measured language in Mr. Madison presented the following bill, which denouncing the existing tariff. There seems to afterwards passed the House without a division: be a morbid sensibility in the minds of members from the South, on this question, which, United States be, and he is hereby, authorized to "Be it enacted, &c. That the President of the at least in my hearing, has hitherto prevented cause to be examined, and, where necessary, to be a dispassionate examination of it. Fortunately surveyed, the routes most proper for the transportfor its friends, experience has proved that a ation of the mail between the following places, to wiser act was never passed. Our latest advices wit: Portland, in Maine, Boston, New York, Philafrom abroad have informed us that in every delphia, Wilmington, Baltimore, City of Washingpart of Europe active measures are in operation ton, Alexandria, Fredericksburg, Richmond, Raleigh, for the protection of their domestic industry. Louisville, and Savannah, in Georgia; and that he Had we done nothing, therefore, to countervail cause a report of such examination and survey to foreign commercial regulations, our condition be laid before Congress, together with an estimate would have been worse than colonial vassalage. of the expense necessary for rendering said routes Gentlemen, in depicting the effects of the tariff the established routes for the transportation of the policy, have been misled by imaginary evils, for the sake of maintaining favorite theories; we know enough of human nature to be convinced that the pride of opinion, like the pride of authorship, is often the ruling passion, and It will be seen, sir, that this bill not only that, rather than abandon dogmas which men provides for surveying the route of a road from have cherished and maintained from youth to one extreme of the then Union to the other, age, they would see the fairest portions of our passing through all its principal cities and land visited with decay, ruin, and desolation. towns, but it requires an estimate of the exTo what extravagant lengths have their meta-pense to be made for rendering the routes menphysical refinements upon constitutional power tioned the established routes for the transportaarrived? They say that we are not authorized tion of the mail. It contemplates, in clear lanto provide for the safety of our navy and mer-guage, the construction or making of post roads cantile marine, in entering our harbors, by the erection of light-houses, beacons, piers, &c., nor to build safe and commodious harbors for them; that we have no power to promote education, literature, and science, by the appropriation of public money; that we cannot apply the public funds to relieve individual calamity; that we cannot protect our domestic manufactures by impost duties; and, finally, that we have no authority to expend any part of the national treasure in making roads and canals, nor even a right to aid, by appropriations, companies incorporated by a State! Of what value would our Government be to us, stripped of these powers? I am free to declare that it would not answer the great purposes for which it was instituted, that it would be unworthy the affections of the American people, and that the sooner it was dissolved the better.

under the authority of Congress. Let me now ask whether the warmest advocate for internal improvement ever insisted on a greater latitude of constructive power of the constitution than is contained in the principle of this bill. It not only goes the full length of all that we now contend for, but it sustains every position which has been disputed in this House heretofore. It authorizes surveys and the making of roads, and it assumes jurisdiction without the consent of the States. When we consider that this extensive project was introduced but a short time after the adoption of the constitution, and by a man who was chiefly instrumental in its creation, who labored to defend it with as much zeal and ability as any who lived, that it was adopted by a body, without a division, who probably better understood the extent of the powers intended to be granted than any which has succeeded it, will it be believed that it contained an assumption of powers not granted, and that it violated the rights of the States? It has been reserved for politicians of the present day to make this discovery-men, whose

Permit me, now, to turn the attention of the committee to a better commentary upon the power of this Government to construct roads for national purposes, than all the refined arguments we have heard from the other side. It has not been, I believe, before noticed since the ingenuity and eloquence we may admire, but session it was introduced into Congress. It must be taken, considering the source from which it emanated, as conclusive on the constitutional question. In February, 1796, Mr. Madison introduced a resolution in the House

whose nice and subtle distinctions, mystifications, and abstractions, cannot be easily understood by those who pretend to nothing more than plain common sense. For us, who desire nothing more than that the resources of our coun