try shall be developed and brought into full activity, we are content to follow the path which the statesmen of the revolution have sketched, convinced that, by steadily pursuing it, we shall best attain the objects of the social compact. [H. OF R. It might positively injurious to the whole. happen, too, that distant streams and States could be united by roads and canals, by which, from peculiar localities, the greater part of each State through which they were designed to pass, would not feel interested, rather looking The gentleman from Virginia (Mr. BARBOUR) upon injury than benefit as the result, while to says that the bill under consideration contains the nation at large the connection would be of a new principle, not known before in this the highest importance. For these and other House, and that we are about to take " a new reasons which might be mentioned, no opinion latitude and departure." He considered the appeared to be better founded than Mr. MonCumberland road as affording no precedent, roe's, that the power to make roads and canals, because it was the result of an agreement be- with jurisdiction over them, should reside in tween the States of which the Northwestern the Government. But the gentleman from Territory was composed and this Government, Virginia has come to a different conclusion, and by which two per cent. arising from the sales seems alarmed at the consequences of encroachof the public lands was to be employed in making upon State rights, and the accumulation of ing roads leading to and through those States. power in the General Government. To me, Yet it will be recollected that the gentleman (said Mr. I.,) this feverish excitement about distinctly admitted a position taken by my State rights and Executive patronage seems friend and colleague, (Mr. HEMPHILL,) that the altogether chimerical. Look into the papers consent of the States was not to be regarded, published, and to the speeches made in certain as they could not confer any power on Con-conventions before the adoption of the constigress, except in the cases mentioned in the con- tution, and you will find the same evil forebodstitution, and that every other compact between | ings, and the same alarming apprehensions. them was a nullity. With this admission, I can- And yet we have gone on prosperously in not understand how he can attach any impor- peace, and successfully in war, for more than tance to the agreement respecting the Cumber- forty years, without one of those being imland road. By his own showing, it is evident paired. How, indeed, could it be otherwise, that this Government did not derive its right when every member of this Government, exfrom that source. How, then, does this bill cept such as compose the judiciary, returns at differ from the bill authorizing the construction short intervals to his respective State? The of the Cumberland road? and how does it dif- members of Congress, in which reside all the fer from Mr. Madison's bill? But the gentle- high powers of sovereignty, bring with them man, while he professes to be fully aware of here-State attachments and State pride; they the value of good roads and canals, contends act under a sense of high responsibility to their not only that the power to make them does not constituents and to their State; they remain belong to this Government, but that it ought here but for a few months, return, and mix not to belong to it-that they had better be left with their fellow-citizens; with them every to the enterprise of individuals or to the States. motive conspires to urge them to resist, not to The gentleman will find but few to go with suffer, an invasion of State rights. Usage and him on that broad ground, even in his own public opinion have limited the term of the ExState. It will be recollected that when the at-ecutive to eight years, at the expiration of tention of Congress was called to this subject, by Mr. Monroe and others, while they admitted that the right already existed to appropriate money in aid of incorporated companies, denied that it extended further; but as it was deemed of essential importance to the welfare of the people that roads and canals should be constructed under the authority of this Government, they strongly recommended an amendment of the constitution, so that it should be expressly granted. It was apparent that great national works, extending to remote parts of this Union, could not be executed by companies or by States, even if their resources were adequate to them; that rival interests existed everywhere, each State exerting itself to divert commerce to its own commercial emporium, or to some other point least advantageous to its neighbor State. And even in case of the union of two or more States for this purpose, the common good of the whole Union would be the least object of their thoughts; nay, routes might be chosen, which he returns to his State. Your judges are scattered over the Union, citizens of their respective States. All of them, presidents, legislators, and judges, have their families, friends, endearments, and attachments in their respective States-their homes-where they find their earthly resting places. Gentlemen talk of our National and State Governments, as if the former were a distinct people, to whom certain powers were conceded, but, not content with their enjoyment, are constantly aiming to enlarge them at the expense of the rights of the latter. But view them as the same people, a portion of whom at stated periods exercise certain delegated trusts which a common feeling of interest urges them to restrict rather than enlarge, and the suggestion will cease to have any force. Equally illusory are the fears of Executive patronage, which the gentleman from Virginia so strongly deprecated. It is common to speak of this; but I ask for proof of its having been exerted under any administration, and, if exerted, with what effect? Do H. OF R.] Buffalo and New Orleans Road. [APRIL, 1830. years. My constituents have no immediate interest in the road mentioned in the bill; from the nearest part of my district it is at least one hundred and eighty miles. But I advocate it because it is part of a great system which I consider this Government under the most solemn obligations bound to persevere in. The road, from this city to New Orleans, is not a new project; it was earnestly brought into view by Mr. Calhoun in 1818, in support of a bill which he introduced into Congress, to set apart, and pledge as a fund for internal improvement, the bonus and United States share of the dividends of the National Bank. In a report which the same gentleman made while Secretary of War, it is noticed as one of the prominent national objects, and it has never since been lost sight of by the Committees on Internal Improvements of this House. By cherishing a spirit of concession, and merging all minor considerations in the great one of making a beginning upon the principle contained in the bill, its friends cannot fail to effect its extent of our country, the diversity of interests and occupations of its inhabitants, and examine the barriers which its geographical features present to direct and easy intercourse, we must come to the conclusion that it is impossible to bind the different parts together in any other manner than by good roads and canals extending from the centre to the extremities of the Union. By these means we shall be able to preserve the sympathies of our nature, which distance is too apt to sunder. your officers of the army and navy interfere in | elections? or have you seen the judges of your courts canvassing for votes to subserve the purposes of the Executive? The most powerful motives that could animate the human heart, existed to sustain the administrations of the elder and younger Adams; but with what effect? What did patronage do in these cases? Sir, it is a mere phantom, which has no terrors for a free and vigilant people. Take one of the eight thousand postmasters that the gentleman from Virginia has spoken of, and see what influence he is able to exercise in any city or town. It will be found, in most instances, that the person so situated can effect less, at any election, than if he had not an office. There is a watchful jealousy among the people, which repels any undue or even active exertions of men in official stations to control or sway the elections. We have nothing to fear from them. As to the unequal distribution of the revenue, which, it is said, the system of internal improvement gives rise to, I answer, that the same may be said of every other branch of pub-passage. When we reflect upon the amazing lic expenditure: fortifications are erected on our coasts and frontiers most exposed to attacks; light-houses, breakwaters, &c., on the seacoast. These, and many other works, do not immediately benefit the interior; but in these and all other erections and improvements, regard is had to the general welfare. Whatever gives life and vigor to the whole system, must be beneficial to its parts; in like manner, the healthful action of the heart communicates its tone to the extremities. We have been told, too, that, by the reduction of duties upon tea and coffee, and certain luxuries of life which do not interfere with our domestic industry, as is proposed by a bill on our table, the revenue will be so much reduced as to leave no surplus beyond the ordinary demands of the Government. But it should be considered that the bills alluded to are prospective in their operation; and even if it were otherwise, I do not apprehend any very great diminution from the proposed measures. The great increase of population must create a proportionate demand. In aid of this, there is a law of political economy which is universally true, that the capacity to buy, from the comparative cheapness of the commodity, increases its consumption; in other words, the reduction of a duty will, in a corresponding ratio, increase the demand. After paying all the ordinary expenses of Government for the current year, and applying eleven millions five hundred thousand dollars to the public debt, the Secretary of the Treasury estimates that there will be a balance in the Treasury on the first day of January, 1831, of four millions four hundred and ninety-four thousand five hundred and forty-five dollars. It is, therefore, apparent that two millions of dollars may, with perfect safety, be applied annually to internal improvements, leaving enough from all the sources of revenue, and the operation of the sinking fund, to extinguish the debt in five But we will realize their advantages chiefly during war, when the Government is compelled to rely for most of its revenue upon a system of internal taxation, its ordinary fiscal resources being in a great measure cut off. The effect of this system is to drain the interior of the country of its currency, and to direct it to the seaboard, or to places where troops are collected for the defence of exposed situations on the frontiers. It will be recollected that no part of the interior of the United States was, during the late war, exempted from this evil; it operated peculiarly hard in the western part of Pennsylvania; specie in fact disappeared, and a miserable paper currency was substituted for it, flooding the country, and with its natural tendency for depreciation, ruining thousands of the best part of our population-the farmers, the honest yeomanry of the country, who, in such a state of things, are always the greatest sufferers. It is the part of prudence to guard, as far as practicable, against a recurrence of so much suffering and calamity. We cannot, it is true, prevent the drain of our currency, that is the inevitable effect of direct taxation; but we can, in a great degree, mitigate its effects, by giving to our people cheap and easy means of transporting their produce and stock to market; to that market where troops may be assembled, and where there is the greatest public expenditure. If you deny them these means, you expose them to incalculable injuries, it will be impossible to satisfy the tax gatherer; judgments and executions will speedily follow; but all are nearly in the same situation; and where are the purchasers to be found? The earnings of years of honest industry will be swept off in a moment, for a sum sometimes insufficient to pay the cost of collection-always vastly disproportioned to the value of the property, either to enrich the cunning speculator, or to add to the already overgrown wealth of some nabob, or to increase the public lands and stock to remain unproductive, until better times shall enable them to sell for sums equal to their claims. A Government expressly instituted to promote the happiness and welfare of all its citizens, should provide in a time of peace, when its resources are abundant, against such ruinous consequences. In this way it will best secure the lasting attachment of the people. The gentleman from Virginia, (Mr. COKE,) in speaking of the probable expense of the proposed road, said that the Cumberland road cost the Government fifteen thousand dollars per mile. He has fallen into an error. The whole distance of the road is one hundred and thirtyfive miles; its aggregate cost one million seven hundred and two thousand three hundred and ninety-five dollars, which is equal to twelve thousand six hundred and ten dollars a mile. At a proper time, I will, I trust, be able to show to the House that no sum of money of equal amount has ever been expended with greater advantage to the country. But it is proper to say that at the time this road was commenced, this Government had no experience in the business; few possessed the requisite skill for it; then, and for many years afterwards, provisions were dear, and the wages of labor near one hundred per cent. beyond its present amount. What added greatly to the cost of this road, is the number of bridges, some of which are built in a style of superior and expensive workmanship, exhibiting monuments of architectural skill not surpassed in any part of the Union. The continuation of the Cumberland road from Wheeling to Zanesville, which is made upon the McAdam plan, and is said to be the best road in the United States, cost, I am informed, about six thousand dollars a mile. But the expenditure upon works of this nature is of secondary consequence. If a harbor is found necessary for the safety and convenience of our shipping, if a fortification is wanting for our defence, the expense of constructing them would not be regarded. There is a paramount duty which the Government owes to its citizens, compared to which, gold and silver should weigh but as dust in the balance. They claim from it protection at any price; and they ask the same measure of justice, I will not call it liberality, in making such improvements as the situation of the country admits of and requires, which State and individual enterprise is unequal to, and which are strictly of a national character. [H. OF R. The perseverance in this system of internal improvements, it has been said, will give rise to a claim of jurisdiction by the United States over the roads they make, which will end in the erection of toll-gates, and the enforcing of penalties, not by State authority. Claiming, as I do, for this Government, the right to make roads and canals without the consent of the States, it must follow that, after they are constructed, it has a complete right to preserve them by such means as it chooses to select. If I am right in assuming, for I have already said that I do not mean to argue it, that the constitution has given to Congress the principal power, the incident must follow; nor is it at all probable that any injurious consequences are likely to arise from the exercise of it. The authority to establish post offices and post roads impliedly confers the right to protect the transportation of the mail by the imposing of penalties. For this purpose various laws have been passed, and punishments have been inflicted, without any complaint from a State, and, as Í trust, without injury to it. Nor would any greater evil happen by punishing a man in the United States courts for an injury done to the road. Offences of this kind would be of rare occurrence: when it was known that the presence of vigilant gate keepers would probably prevent escape, and that speedy punishment would inevitably follow, little mischief would be done. There is scarcely an instance of an indictment in our State courts for injuries done to roads belonging to corporations, and the reason that prevents their occurrence would apply to a road laid out under the authority of the United States. Besides, there could be no valid objection to conferring jurisdiction on the State courts to punish transgressors. Congress gave them power to entertain suits, to collect the internal revenue, and to enforce penalties under a clause in the constitution, declaring it the supreme law of the land, and that the judges of the State courts should be bound thereby. This power, I admit, was by some of the States disputed; but surely it would be going too far to say that evils were likely to arise from the exercise of it. And if there should be a disposition in any State to refuse the jurisdiction, offenders would have no right to complain if they were sent to the United States court for trial. Seldom, indeed, would there be occasion for such a proceeding; but if a case should arise, demanding it, is it likely the criminal would talk of its hardship? And, if not, who would be quixotic enough to complain for him? The jurisdiction of the United States over their roads, whether they should exert it by direct appropriations to keep them in repair, or by the erection of toll-gates, cannot be a cause of the least apprehension to the States, no more than they now feel from the punishment of a mail robber. It is impossible that injury can arise from it. The gentlemen from Virginia who have spoken on the other side of the question, have H. OF R.] Buffalo and New Orleans Road. [APRIL, 1830. indulged themselves in a warmth of feeling | from the State I have the honor, in part, to and an asperity of remark, not warranted, in represent, I have, reluctantly, obtruded myself my judgment, by the occasion. If the purposes upon the attention of the committee. of the bill should be answered, or if the sys- As I am the warm friend of internal imtem, of which it is part, should be pursued, the provement by the States, and have at all times, design is of the most laudable character, and and on all occasions, whether in public or prientitled to no common praise; the end, the de- vate life, supported every measure which I velopment of national resources, the promotion believed would benefit the citizens of my native of social intercourse, the diffusion of substan- State, it is necessary that I should give the tial benefits-in a word, the prosperity of the reasons that will influence my vote on the presconfederacy. Yet it has been received as if ent bill. Sir, the State of New York, unaided some signal calamity was about to be inflicted, by the General Government, has advanced far carrying in its train famine and pestilence and in this system. She has connected her northdesolation. Are they afraid that the march of ern and western lakes with the majestic Hudthe system will realize all we hope and all we son, and I trust will continue to progress until predict for it; and that "their occupation will she extends its blessings to every portion of be gone?" If, sir, I mistake not the "signs of her citizens. Although she has advanced far, the times," a great revolution is going on in and elevated her character to a prominent stapublic opinion, in the South, on this question; tion among her sister States, she has not done and the day is not very remote, when Virginia half that the wants of her citizens require, or will concede to this Government all that the the means she possesses will authorize. most sanguine friends of internal improvement immediate constituents are now anxiously lookcould desire. One of her distinguished states-ing to their legislature for that justice they bemen, now a member of this House, has for lieve themselves entitled to an improvement years devoted his time and talents to the along their lovely valley, which will place them cause. Every day furnishes new evidence that on the level with other portions of the State. his patriotic fellow-citizens are yielding the I trust they will not be disappointed. prejudices that would lock up the bounties which a beneficent Providence has so profusely scattered over our land. He merits the lasting gratitude of his countrymen, the richest reward of a public benefactor. The productions of our country which soil and climate have already made so various, are becoming daily more diversified, ensuring, at no distant day, a home supply of most of the luxuries as well as the necessaries of life. An important advantage which this view of our condition and prospects gives rise to, is, that the different parts of our Union will be made dependent on each other-an invariable effect of mutual wants. Nothing, therefore demands from us higher regard or more deliberate consideration, than the means of uniting our whole people into one great commercial family. My Soon after this nation passed through a second war of independence with honor and renown, the State of New York, suffering as she had in that contest in blood and treasure, and believing herself entitled to the favorable notice of Congress, from the aid and support she had given to strengthen the arm of the General Government, applied for aid to enable her to prosecute the great works of internal improvement he had long conceived, but which were retarded by the breaking out and continuing of that war. What was she told by this Government? Although her good and faithful service was admitted, her losses and privations appreciated, yet it was unconstitutional to aid in the construction of roads and canals. She submitted to the decision, and, nothing daunted, rested upon her own resources to accomplish that which her citizens had willed should be accom But it is unnecessary to dwell longer upon the beneficial consequences of an extended sys-plished. For one, I rejoice that she is not intem of internal improvements; they must be debted to this Government for aid. By your familiar to the members of this committee. I refusal, the resources of the State have been have endeavored to avoid noticing the points developed; the patriotism of the people exhibwhich have been urged by others in support ited; the sound hearts and willing hands of her of the bill; and having reason to fear that the citizens enlisted to elevate her character, and committee is already fatigued by a long discus-place her upon an eminence that her extensive sion, I will conclude with thanking them for their attention. Mr. MONELL next rose. He said he had waited until this late period of the debate on the bill, in the hope and expectation that some one of his colleagues, more competent than himself, would give to the committee the views which he knew a large majority of the delegation of New York, in unison with himself, entertained upon this question. No one (said Mr. M.) has felt disposed to do so; and as I cannot consent that the vote on this bill should be taken without the expression of an opinion possessions and fertile soil intended she should assume. What was unconstitutional when New York applied for aid, has, by the change of time and of men, become constitutional now. By the construction given to the constitution by modern statesmen, all power is vested in this Government. The doctrines contended for in former days are exploded, new ones have taken their place; and, under them, this Government is extending its influence over every part and portion of what was once considered independent State sovereignty: the rights of the States APRIL, 1830.] Buffalo and New Orleans Road. [H. OF R. are merged in this grand consolidated Govern- | made by the Governor of the State to procure a ment. I will not enter into the discussion of withdrawal of the order. It was countermandthe abstract constitutional right of this Gov-ed, but the right to enforce the collection of ernment to make roads and canals in the several States, without the consent of the States or the people. It has been assumed, and exercised so often, that, until some express provision to the contrary shall be made in the constitution, it is worse than useless to question the power. The advocates of the right do not claim it by express grant, but by implication and construction of different parts of that instrument It is claimed under the power to provide for the common defence and general welfare; under the power to regulate commerce among the several States, and with the Indian tribes; under the power to establish post offices and post roads. I have always doubted whether this Government, under any or all of these powers, could exercise the right of making roads and canals. On more occasions than one, have I listened to the arguments of the ablest men of the nation, on this much-disputed, nice question of constitutional law. Although I will not discuss the question of abstract right, I may be permitted to deny the expediency of its exercise by this Government. The exercise of this, and all other constructive rights, claimed by this Government, should be narrowly watched by the representatives of the people. Our duty to our States and our constituents requires it at our hands; and yet it appears to me, that, when we assemble here as the Congress of the United States, we forget home-we forget State rights, and lose State feeling. Our whole thoughts are directed to the mighty power of this all-absorbing and controlling Government, regardless of the feelings of our constituents, or interests of the States; we exercise not only all the powers given to us by express grant, but every other which, by implication or construction, can be tortured into a right. I beseech gentlemen to pause and reflect. If this Government does possess the power contended for by its advocates, let it be discreetly exercised, and only on acknowledged great national objects. Under the power to regulate commerce among the several States, and to lay imposts and duties, this Government assumed the right to compel the canal boats on the New York canals to pay transit duty. In 1824 or 1825, orders were issued by the Treasury Department to the collector at Buffalo, to enforce the collection of duties. I well remember the feeling created in New York; her citizens from one end of the State to the other, were prepared to resist what was considered as an encroachment upon State rights; even her legislative halls resounded with the language of resistance, and a perseverance at that time, on the part of this Government, would have brought that State in direct collision with the General Government. Strong protests were entered by the representatives in Congress, from New York, against the assumed power, and great exertions were duties was not surrendered; it was suspended for the time being, to be enforced whenever the will of this Government shall direct. You have established your ports of entry in every part of her State-at Buffalo, Rochester, Sackett's Harbor, and I know not how many other places-upon every stream and rivulet-upon tide waters and inland lakes-in every city and town that you please to consider commercial; swarms of officers, to execute the laws and collect the revenue, are stationed among the people. Under the power to regulate commerce, and lay imposts and duties, you claim, and may, at some future day, enforce, the power to collect duties on every canal made by State authority; and what is to prevent you? The broad and unlimited construction of constitutional power claimed, will cover every act of oppression, and usurpation of State rights; thus gradually, but certainly, will every vestige of State rights and State interests be swallowed up by the constructive powers of the General Government. Under the power to lay imposts and duties, to regulate commerce, and to promote the general welfare, the whole revenue of State canals may be claimed. Now your Treasury is full, and it is not needed; but let war exhaust it, let commerce be impaired, or, what is most probable, your funds squandered in visionary schemes of internal improvement, and the particular welfare of the States must surrender to the general welfare of this Government. The States must stand in the relation to the United States that individuals do to the States-bound to yield a portion of what they have for the general welfare. Sources of revenue, which they fondly hoped would support their own Governments, and enable them to extend the blessings of internal improvement by their own authority to every portion of their citizens, will be diverted from their proper channels, and poured into the Treasury of this Government. Can New York, consistent with her honor or her interests, submit to such degradation? Is Pennsylvania, with her numerous canals, prepared to surrender all to this Government? I trust not. Sir, where is the remedy? I answer here, in this hall. We must halt in our course-we must confine this Government within its primeval legitimate bounds-we must restore it to the powers that were exercised under it in the days of Jefferson's administration. It is contended that the power to construct roads and canals is given by the clause in the constitution authorizing Congress to establish post offices and post roads. Great pains have been taken to give us the definition of the word establish. Dictionaries have been consulted-Walker, Ainsworth, and others. It is defined to mean "to erect, to make," &c. We have heard labored arguments to show us, because the meaning of the word establish is |