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&V SEJESCH Oi’ WER.CILIVYiSa..
The bill “ making appropriation* for
Internal Improvements, having been a
gain taken tip for consideration, on the
7th of March, the question recurred on
the following amendment, moved by
by Mr. Oakley, to come in after the
words “ thirty thousand dollars,” which
sum was reported by the Committee ol
the Whole,to he inserted in the blank
i.u that item of the bill which provides
fi-r the continuations of examinations
and surveys under the direction ol the
President of the United States, viz :
** Provid’ and, That only so much of the
appropriation hereby made, as shall be
necessary for the completion of such sur
veys anil ex iminations as have been al
ready commenced, shall be expended.”
The floor was takenhy Mr. Gilmf.r,
who addressed the House as follows:
Mr. Speaker : My only apology to
the House for addressing it at this time,
is to be found in the strong opinions ex
pressed by the Legislature of the State
of which I am a Representative, at its
last session, upon the subject, under con
sideration Without this, I would have
content • 1 inyse'f with giving a silent
vote against the bill; especially, consi
dering the evident disinclination of the
House 1 1 ‘isten to any debate about ab
stract constitutional power. Sir, there
is nothing that has fallen under mv ob
servation as a member of Congress, that
lias surprised me more, or occasioned
more unpleasant feelings, than the in
difference of this body to any discussion
tending to restrain the extent ofits legis
lation. Name the Presidential candi
dates, and every one listens with the most
lively interest; speak of the Constitution,
and;you are dull and stupid. u
Cjrperip! X ,’, ,n * ,as e ft.rbngfy urged for
our observance, by those who have pro
ceeded us, than the necessity of a fre
quent recurrence'to fundamental princi
ples,as the only means of preserving the
original freedom of our institutions. If
v. ego on, regardless of this maxim, is
there not reason to fear, that from the
gradual operation of causes that never
cease to act, we shall, after a w hile, find
our Government in posessiotiof the same
controlling authority over the will, the
rights, and interests, of the People, and
the States, that all other Governments
have usurped.
Sir, I consider this power of making
surveys, and the consequent right of
constructing roads and canals within the
territories of the States, as the most dan
gerous to the People and the States, I
which can be assumed by this Govern- i
*i.i3nt All the- wealtli of the country
may be exhausted in its exercise, and
all resistance to lawless authority quiet
ed, in the extended influence which it
will give. I deny that this Government
has any such power. And, believing as
I do, that it is all important to the Peo
ple of this Country that the division of
power between the United States and the
States, as made by the Constitution,
should not be altered, it becomes mv du
ly to resist any attempt at sucli an alter
ation, as far as I can.
In order to ascertain what was that
division of power, it will be necessary to
take a slight view of the situation of!
this country previous to, and at the time
of, the adoption of the constitution.—
During the. Revolutionary war, the in
tense interest which all felt in obtaining
the object of the conflict occasioned such
an union of views and interests, that the
inefficiency of the confederated Govern- i
meat was not very obvious. But, no
sooner had these motives for an union
of action ceased, than its inadequacy to
tlie purposes of Government was discov
ered, both at home and abroad. The
Officers and soldiers, who had spent
their fortunes, devoted their time, and
risqued their lives, to achieve for us our
independence, went unrewarded for their
‘.services. The confederated Govern
ernment having no pow er to tax the peo
ple, and depending upon the States for
contributions which ii could not enforce,
lound itself wholly unable <t discharge
its debts, not only to its own citizens,
but to its foreign friends, from whom it
had received such important services.—
Sir, this want of the power of taxation,
not only produced a violation of public
faith to the creditors of the Government
but rendered the power of public defence
which did belong to the Confederation,
wholly inefficient. The frontiers were
liarrassed bv Indian aggression, and our
newly acquired independence insulted
by the British retaining an armed force
within our limits, for want of the means
of raising a force sufficient to punish the
oift.*, and to drive out the other. In this
*tate ot things, an urgent request was
made to the State Legislatures, that a
Convention should be called, for the
purpose of so new-modelling the Arti
grant to the
operative means to etlecf Tis 1 ?
convention did meet. A Constitution
w*s formed, ~v “ bieh the people of the
States granted to the United States the
fullest power of taxation, directly upon
the People, and an unlimited power to
;iise and support armies, and a control
ling power over the militia. Thusseeu
ring to the new Government all the pow
ers, the want of which had produced so
manv evils in the old.
When tins constitution was submitted
to tne btate Conventions tor their rati
fication. much alarm was excited from
tfie extent ot the grant to t,av and raise
armies, especially as they were accoin
panied by general terms, which it was
-uppoe-d might lead to abuse. And I
think it may be asserted, with confidence
that the constitution would not have been
adopted, h id it not been believed that
amendment* would he added, by which
the extent ot the powers should gran
ted should bo limited. The Con
stitution w*s adopted, and. immediate
ly alter, the amendments which limited
iis powers were also adopted. By the
ninth article of the amendments, it is
dec! ued, tn.it the enumeration in the
Constitution, ot Pertain rights, shall not
bg construed to deny or drxparn <r e others
■retained by the People; and, bv the
tenth,4lut tko powers not delegated to
the UniteJ .States by the Constitution,
tor prohibited by it to the States, are i
reserved to the States, respective;,, or
to tu l cople. When these two articles
ol the Constitution are considered in i
connexion witu the history of the defats
wdiLAt‘H io ' 1 * >< the reinedv j
tJtf pro, idcA-iu 1
defects, the conclusion seems to be inev
itable, that the only general powers gran
ted are those of taxation and national
defence, and that all other powers that
were intended to he granted are clearly
expressed. Sir, so many of those who
framed the constitution hail been engag
ed in conducting the Confederation, and
had felt the inconveniences of a w ant of
well defined powers, that care was taken
to insert a clause giving to congress the
power of passing all laws which should
he necessary and proper for carrying its
enumerated powers into execution. The
extreme caution which is discoverable
in having this general authority given in
the Constitution, shows that its trainers
were disposed to express, in the fullest
terms, every power which was intended
to be conferred.
Having thus presented a short history
of the causes which led to the adoption
of the Constitution, and stated, in a brief
manner, the nature of the powers grant
ed to the United States, it remains for
me to examine whether the United States
can rightfully construct roads and canals.
Tile hi tter to arrive at the most certain
conclusion, upon this subject, Let us for
a moment again refer back to the history
of the times when the Constitution was
adopted.
Previous to, and up to that time, the
the Stales had exercised the uncontrol
led power of making roads and canals,
erecting bridges, establishing ferries,
and, in fact, in doing every thing which
belongs to Government to do, for in
creasing the wealth and advancing the
prosperity of their citizens. No com
plaints were made by those most anxi
ous for the adoption of a more energetic
Government than the Con federation,,
against the exercise of this power on the
part of the states. Sir I■} “>n oeiieye
li..* ■- *•’ ‘' c round, in any publi
cation ot that day, a single suggestion
that this power should be taken from the
States. It has continued to be exercis
ed by the States up to this day. Now
let us see whether in pursuance of the
Constitution, or not.
Among the enumerated powers of
Congress, nothing is said of roads and
canals; and, according to the view vve j
have taken of the subject, there was no j
intention to grant such a power. If
there had been, it was too important,
and it exercise by the States too familiar
ly known, to have been overlooked.—
Many other powers of less magnitude
are specified with precision, such as re
gulating the value of foreign coin, fixing
the standard of weights and measures,
promoting the progress of science, and
useful arts. Sic,- As the power to make
roads and canals has not been express
ly granted to the United States, is there
any tiling in the constitution restraining
the States from its exercise? We find
none : although the Suites are prohibi
ted from the exercise ol manv powers of
much less consequence. It follow s, from
the premises, that the pow er of making
roads and canals, not having been grant
ed to the States, uor prohibited to the
states.
In addition to which, I would observe,
that it is a principle of general law, that,
where States confederate together for
common purposes, those parts of sover
eignty which are not mentioned in the
act of confederacy, are retained by the
States. (Burleinaqni, 82.) Permit me,
.Mr. Speaker, to present, in a still more
general view, the nature of the differ
ence between the powers belonging to
the United States’ Government, and
those which belong to the States. It
may ha said that the United State* have
the control over all of our foreign rela
tions, and the power of external and in
ternal defence ; That, to the States be
long the power and duty of protecting
the iives, liberty, and property, of their
citizens, and of securing’their happiness,
and promoting their interest, by the cre
ation of those institutions w hich are be
yond the exertion of individuals to ef
fect: The power of the United States
operates to protect the whole mass of
the community : that of the States to
give individual protection, and to facil
itate the means of promoting individual
profit. If this general distinction be
correct, we must again come to the same
conclusion as before, tlut the making of
Roads anil canals belongs rather to the
States than to the General Government.
But, an additional reason why the l nited
States cannot claim this power, i*, that
there was a proposition made in the con
vention to give it some direction over the
internal concerns of the people,by autho
rizing it to establish Seminaries of Lear
ning, public institutions for the promoti
on of Agriculture., incorporations for
Canals, &c. all of which were rejected
by the Convention.
But, a novel doctrine has been advan
ced by die distinguished gentleman from
South Carolina, [Mr. M’Duffie] upon
this subject. He says, that the Gov
ernment of- the United .States is not a
limited Government, but one of enume
rated powers, which powers are without
t... t,; a, Sil this gentleman holds
too high ,i rank m „
and will probably continue to do so? to
permit such an opinion to pass without
examination. Sir, Congress is limited
in the exercise of its enumerated pow
ers, by the restraint upon it to pass on
ly necessary and proper laws for car
rying those powers into execution. But.
there is a much more important limita
tion, which is to be found in the nature
of tlie powers retained by the Stales.—
‘I hat there are necessary and incidental
rights which belong to tlie United States,
as connected with its specific powers, is
admitted by all. But, the principle I lav
down is this : that the United States can
not usurp a sovereign power which be
long to the States, as an incident, and
under the pretence that such power is a
proper mean, for earring into effect an
acknowledged power. This would he
inverting the order of things that, of tw o
things which are equal to aclt other, one
should, by anylogic.be made thy incident
to tiic other. This opinion, that the enu
merated powers of Congress are limited
by the nature and extent of the powers
retained by the States, I consider of
great importance and worthy of a far
iher illustration. Sir, I laydown as an
acknowledged principle, that the right to
contract roads and canals is a sovereign
power. And having proved, I hope sa
tisfactorily, that it belonged to the States
and not being among the enumerated
powers of congress, it cannot he exercis
ed by the 1 nited States as incidental to |
any ofits other powers, because a Sov- i
eteign |>ower cannot he claimed as a ne- :
cis a Li. proper means ol carrying 1
j into effect another fcovereigp pow er.—
The right to make roads and canals is
a Sovereign power, because it presup
poses a Sovereign right of soil and terri
ritory in the Government which exercis
es it. Sir, the first Sovereign right which
a political community acquires, is the
paramount or ultimate right of soil or
Territory, sometimes called the right ot
high doufain. \ attel says, that the
general domain of a nation over the land
it inhabits, is naturally connected with
Empire.” And in another place, the
same author says, that “ what is called
the high domain which is nothing but
the domain of the body of the nation,
or of the Sovereign who represents it, is
every where considered inseperahle from
sovereignty. The useful domain, or the
domain reduced to the rights which may
belong to a particular person in a State,
may be seperate front the Empire, and
nothing prevents the’ possibility of its
belonging to a nation in iilaces that are
not under its obedience. By the high
domain, is understood that power, by
virtue of which, the nation alone may
use the country for the supply ofits ne
cessities, and may dispose of it in such
manner, and derive from it such advan
tages, as it thinks proper, and differs
from empire, or jurisdiction in this, that,
bv empire, or the of sovereign command,
is meant, that power by which the na
tion ordains and regulates,at itspleasuw,
every thing that it passes in a country.”
This paramount right of soil in the
States in distinct from the fee simple,
which may belong to individuals at the
same time, and w ill be better understood
bv a reference to the means by which
the States acquired it. lly tlie laws of
England, all the lands are supposed to
h-> held mediately and Immediately of
the King, who, in reference to this right
holds the undivided sovereignty over
that kingdom. By the treaty of Peace
of 1783, the States were acknowledged
to he free and independent, and by virtue,
of that treaty, became, each ofthem pos
sessed of all the territorial rights w ithin
their limits, which had before belonged
ito the King of Great Britain, It is in
j pursuance of this |iower, that the States
j grant to individuals or political commu
nities its vacant territory, and exercise
over soil already granted, the power to
appropriate it for the purposes of the
state, and for advancing tlie prosperity
of its citizens, by constructing roads and
canals. Sir, every free political com
munity posesses tiiis right of soil and
territory. It is its first and ir v-t impor
tant sovereign right. It i*> th:last which
it retains. No independent people can
be deprived of it, but by grant or con
quest. That the paramount title o f the
soil and territory within their limits, be
longs to the States, asa sovereign right,
is confirmed, in express terms, by the
eighth section of the first article of the
Constitution, in which it is declared
that “ congress shall have power to i x
ercise exclusive legislation, in all cases
whatsoever over such district,) not ex
ceeding ten miles square,) as may, by
the cession of particular states, and the
acceptance'of Congress, become the
Seat of Government of the United States
and to exercise like authority over all
places purchased by the consent of the
legislature of the State in winch the
same shall be, for the erection of forts,
magazines, arsenals, dock-yaids, and
other needful buildings.” Now, Sir, if
the United States could have appropria
ted the soil of the States for any pur
pose, it certainly could have dime so for
the erection of the necessary buildings
for the indispensable purposes of the
Government, and for foils, magazines,
&c. &c. Because such erections are
as necessary, ami more appropriate, for
defence in war, than roads and canals j
are appropriate for carrying into effect j
anil specified power in the Constitution.
It is not the jurisdiction over the ten
miles square, and the site for forts,’that
is required to be ceded by the States, to j
give to the United States the tight of ap- \
propriation, but there must he, a cession
of the territory by the States, in the one
case, and a purchase of the places for
forts, &c. by the consent of the States,
in the other. This article in the Con
stitution amounts to an express declara
tion, that the United States*cannot ap
propriate the soil of the states tor any
purpose whatever, hut by the consent of j
the states. By an examination of the j
acts of cession of the States of Vir- j
giniaand Maryland, of the District of j
Columbia, the doctrine, as laid down, is |
most strongly confirmed. The state of
Virginia, in its act of cession, declares,
that “ A tract of country, not exceeding
ten miles square, or any lesser quantity,
within the liiniis of the state, and any
part thereof as congress may, by law,
direct, shall be, and the same is hereby,
forever, ceded and relinquished to the
Congress and Government, of the United
States, in full and absolute right, and
exclusive jurisdiction, Rs well of soil as
of persons residing or to reside thereon,
pursuant to the tenor and effect of the
Bth sec. of the Ist art. of the Constitu
tion of the government of the U. S.’ The
aci us Mar viand uses the same terms of
cession and relinquishment, in full and
absolute right and exclusive jurisdiction,
as v eil of soil as person*, tec. &c. .So.
it will he found, that the right of soil is
expressly ceded in every grant ofterri
tory made by the. states to the General
Government, in the grant from New
\ ork, the terms made use of are, cede
and transfer all right, title, interest, ju
risdiction. and claim, of said state, to” all
lands and territories, tec. In another
cession than the one already mentioned,
made by V irginia, the words used, are,
convey all right, title, and claim, as well
ol soil as jurisdiction. In a cession made
by the state of Massachusetts to the U
nifed .States, almost the very same Words
as those in the grant from Virginia are
used, mentioning particularly the right
of soil. In the cession from Connnec
t ieut, the words are a transfer of a par
ticlar tract of country. In the act of
cession made by North-Carolina, tlie
words are still more explicit; the right
of sovereignty and territory of the lands
transferred by deeds from that State to
• lie United States. In the cession made
by Georgia, the terms used are, cession
of ti.e soil and jurisdiction. And I
again assert, that there lias been no ces
sion of territory from any State, to the
United States, in-which the power over
the soil is not expressly claimed and con
veyed. Neither did this proceed front
I the lands being vacant; and therefore,
i nothing hut the soil to he transferred for
\ *| le jurisdiction, is likewise transferred,
■‘-'■‘i hi the tea miles, ceded by Virginia
and Maryland, it is prrturm and that the
whole of the lands, long before tlie ces
sion to the United rotates’ had been gran
ted away by those States to individuals
so that they had no right of soil to cede,
but that sovereign right w hich, 1 con
tend, they had over all the lands within
their limits, after the treaty of peace of
of 1783.
1 have thus, Mr, Speaker, presented
that view ofihiscontested subject, w hich
appears most important to me, nnd, so
tin as 1 know, may be somewhat new.
Whether it is worthy of consideration,
others must determine. If my premises
are right, tins Government cannot ap
propriate the soil of the States, as a ne
cessary exert ion of its authority, to car
ry into execution any of its powers.—
Aitdl beg pardon for repeating, that it.
cannot do so, because the rights of the
people are not to be disparaged by
construction; because the powers not
d‘.legated to the United States by the
constitution, nor prohibited by it to
tin States, are reserved to the States,
respectively, or to the People ; because,
tlx right of soil, being a sovereign right
in the states, at the time ofthe formation
ot he Constitution, and not having been
gnhteel by them to the United States,
noi'iconquered from them, is yet retain
ed hr them: and, because, sovereign
povHs in the States, cannot be claimed
by tie United States, as incidental to its
enufierated “powers.
Ms Speaker, if it is true, as I have
attempted to shew that the enumerated
powei) ol the General Government are
liiniteiii not only by the prohibition a
gainst the use of extraordinary and un
usual means, to carry those powers into
execution, but by tlie nature and extent
of the powers reserved to the States,
then, as I conceive, the arguments ot
those who lave advocated this bill, are
effectually inswered. But, sir, I cannot
let this subject pass, without saying a
word or twe in reply to some ofthe rea
soning whuh has been used, to prove
that the pver to make roads and ca
nals belonged to this government under
various classes of the Constitution, And
first, it is claimed as appropriate for car
rying into execution that clause of the
Bth section of the Ist article of the Con
stitution, winch speaks of providing for
tlie Common defence and general wel
t.ire. There is one general answer to
this : that, ii these terms are not confin
ed to legislation, within the enumerated
powers of the Constitution, then they
embrace, within their meaning, all the
legislative purposes of Government, nnd
there i> an end to Constitutional re-’
straints. I have no doubt but there are
many gentlemen, here, and elsewhere,
who believe, that the. interest of tlie peo
ple of this country requires such a con
struction.
Another clause in the Constitution,
from which this contested power is de
rived, is that which grants to the United
State* the jiovver to regulate commerce.
Sir, this construction would lead to pre
cisely the same consequences as the
other, to wit : an undefined extent of
power in this government. Because, if
the power to enter upon the territories
ol tlie States, and appropriate their soil,
can lie claimed as incident to the power
of this government over navigation, then
there is an end to all limitations. It lias
been said, however, that this govern
ment, under this clause of the constitu
tion, has constantly exercised tho right
of erecting light-houses, and that such a
power is not more appixqniately inci
dent to that of regulating commerce,
than the power of making roads and ca
nals. I apprehend that, upon examina
tion, the premises and conclusion will
be found to be equally untrue. The
constitution has expressly authorized
Congress to erect forts, magazines, ar
senals, dockyard*, and all other need
ful buildings. Now, if a light-house is
a needful building, then there is no ne
ccssity iff deriving the power to erect
them, from that of regulating commerce.
And if not needful, then the right to
erect them does not exist; because, no
right can be claimed as incidental to any
express power, but that which is neces
sary and proper for carrying it into exe
cution.
Other gentlemen claim for this gov
ernment tlie power over internal im
provements, a* an incident to tlie pow er
of declaring war and supporting armies.
There is no doubt, that under this power,
the armies of the United States may
march over any part of the States, and
may encamp <;n any spot which the pub
lic service may require in time of war.
But, sir, the l nited Slates have no right
to make a permanent encampment
or fortification, let alone a road (cer
tainly less an incident of war) with
out the consent of the State in which
it is situated. For it has been express
ly .determined, that if the United States
States have not purchased the soil with
the consent of tlie State, that even a
fort which had. continued in the posess
ion ol the United States, from its deliv
ery to it after the Revolutionary War,
by the British, was yet the property of
the State in the limits of which it was,
and subject to its jurisdiction. Nor
would lie purchase of the land by the
United Stales, ofthe individual to whom
it might belong, without the consent of
tlie Stile, alter the nature of the right
of the Mate.
It isliiitiier said, that this government
lias tlu light to appropriate money for
object! which it has not the power to
effect,?-)’ a direct act. By which I un
derstand it can subscribe for stock in a
cana| company, or divide its surplus
fund) among the States, for the purpo
ses at internal improvement.’ The same
Constitution which gives the power of
taxdion, specifies the purpose* to w hich
its funds shall be applied ; and if the
fonder reasoning lie true, with regard to
thepower of implication, no further an
swer is necessary to this assumption of
pOrer. But it is said, that this can be
dote by the consent of (he States.—
Si:, tlie powers ofthe government can
not be enlarged by any act of the States,
except through an amendment of the
Constitution.
fiut tins power to make roads and ca
nals is claimed by some, from the di
rect grant in the Constitution to estab
lish post offices and post loads. Words
are to be understood in their common
and known signification in construing
instruments, unless absurd consequences
would follow. Now, I would ask, if
the nin't natural interpretation of this
clause in tlie Constitution, is not, that
Congress may fix offices, and direct the
mail tc peres from out to the ether ! It is
a fffTitit of the right of Tv fry over the-soil
of the States, to be exercised only for
the purposes expressed in die grant.—
There is no conveyance from the States
of the right of soil—no power given to
appropriate the soil, as must be done in
constructing roads and canals.
Mr. Speaker, one would Very natural
ly inquire, after such an investigation,
how it happened that our ancestors, in
their jealous caution in the grant of au
thority to the general government, should
not have provided some certain check
against the spirit of encroachment upon
their rights? Sir, our ancestors were
-mistaken in the strength of the safe
guards they supposed they had provided.
Every warning of danger to tlie States
against the usurpations of tlie general
government, was answered by the asser
tion, that sufficient security would be de
rived from the responsibility of the
members of Congress to their constitu
ent, and the Btate legislatures. Is there
not some cause to fear that they placed
too much confidence in this security ?
It has been observed by a very saga
cious man, that, “ when a representa
tive finds the treasures and honors of a
great country at the disposal ot a few, i
there is little reason to hope he w ill pre- j
ter his public duty to personal aggran- j
disement, which the price of his vote!
will purchase.” All the honors and
wealth of this country are at the control
of this government. The great theatre
tor their action is here. The opera- ’
tionsof this government, particularly its i
yearly expenditure of upwards of twenty
millions of money, are too complicated
to he well understood by the people. !
Responsibility has its effect only r,i rela
tion to local subjects. It is true, that
the compensation law, passed some
years ago, did produce great excite
ment, but it is a single case in the histo
ry of our legislation.
But, sir, another security which the
framers ot the. Constitution supposed
they had provided for the preservation
of the rights of the States, was, in the
formation of the Federal Judiciary—
Whether it has proven to be such, let
its own records shew. Ci ntrolling, as
that Court does, the decisions of the
Btate Judiciaries, on all questions in
which a law of Congress or the Consti
tution of the United States, is brought
in question; created,-as it is, by the
same act that gives legislative power to
Congress; and deriving, as its judges
do, their appointments from one of the
departments of this government, it was
certainly to be expected, that, in con
tests between the United States and
Btate authorities, it. would strengthen
that pow er from which it derived its own.
Sir, before I take my seat, 1 must be
permitted to make, a remark or two in J
answer to what has fallen from same of J
the gentlemen who have taken part in
this debate. The gentleman from New !
York, [Mr. Stores,] in answer to a col- t
league of his, [Mr. Oakley,] who had I
stated that the doubts entertained, in re-1
lation to the exercise of the power to
make internal improvement by the Uni
ted States, ought to make Congress ex- j
tremely cautious in assuming that power,
observed that the power was not the less
certain, because doubts were entertained
about it. Now, sir, however distinguish- j
ed that gentleman may be, 1 put it to
him to sav, whether lie docs not arro-!
gate too much for tlie conclusions of hfs
own understanding, in the total !
pcct which he shews for the opinions of I
others. Sir, I would not have itsuppos- j
ed that my opinions are entitled to tlie i
slightest consideration from that gentle- I
man ; but 1 do say, that he must have !
forgotten that Messrs. Jefferson, Madi- j
son, and Monroe, all expressly denied
that Congress had the power to make !
roads and canals. Their opinions were I
not doubts, but conclusions, in direct ’
opposition to the infallible ones of the !
gentleman from New York. Sir, even 1
Alexander Hamilton, the ablest leader I
ofthe old federal party, doubted wheth- !
cr this government had the constitution- j
alpower to make internal improvements, j
And yet, in these piping times of Demo- !
cratic Republicanism, ii is considered
folly to deliberate—we must act. Sir, j
the history of our country, in relation to j
internal improvements, present-, the sin
gular spectacle of the Executive power
constantly restraining tlie usurpations of
the Legislative. Even this security,
which llie people and ‘States enjoyed
from the patriotism and intelligence of!
their former chief magistrates, is lost;!
and, pci haps forever. National will is no I
longer to be palsied by such restraints. ;
The gentleman from Massachusetts, I
[Mr. Gorham] urged the uselessness of j
discussing constitutional questions here,
because,,lie says, whenever a majority
of Congress shall believe that it is to
their interest to exercise any power,
they will do so, regardless of constitu
tional restraints. W hen tlie adoption
of the constitution was proposed to the
Massachusetts Convention, ono of the
reasons given to quiet the fears of fede
ral encroachment, was, that all officers
of this government were requised to take
an oath to support the Constitution.
And is it not singular, that the ri.-pre
sentativesof the descendants oft Lie pil
grims should be. the first to declare to
this House, that the sacred obligation
that each member of it com os under to
him who is the governor ofII things, op
erates as no restraint upon, its majority •
If so, these who believe that all the
benefits to be derived from o ur Union
can only be retained by a strict adher
ence to fundamental principles, have
an additional motive for increased vigil
ance in resisting) every departure there-
Irom. Sir, we are indebtt dto the same*
very sensible gentleman from Massa
chusetts (a set-off to his oilier consti
tutional opinions) for the most satisfac
tory refutation of the doctrine, which
has, been advanced in thi* debate—that
this government can distribute its sur
plus funds among the States for any
purposes whatever. Ami here 1 must
sav, that I differ very much from my
intelligent colleague, [Air. Wilde] who
addressed the House the other day, in
the opinions he expressed in favor of
that doctrine.
Sir, there was an argument urged by
the gentleman front Pennsylvania, [Mr.
Sergeant,] that deserves much consid
eration, because, if true, the Sta‘es and
the people are without any protection
against the violation of their r - fits bv
this government. He says that this
question is settled, because a former
Congress declared that the power did
belong to it. Now , sir, although that j
gentleman may be willing for others to
judge for lum of the duty which he
owes to himself]’ as a membci* of this
House, from the oath which he takes to
support the Constitution, it is more
than 1 can do ; and 1 submit to that gen
tleman, and to the’House, whether the
obligation created by that oath, must
not necessarily operate so upon each in
dividual, as to exclude any authority
which precedents might otherwise have.
Sir, every member of this House must
determine for himself in relation to a!!
questions involving constitutional prin
ciples, not only now, hut so long as the
Constitution continues in its present
form. The doctrine advanced by the
gentleman from Pennsylvania, amounts
to this: that power once usurped be
comes legalized forever afterwards.
Before I close, I must say a word or
two in relation to the expediency of ex
ercising this power; and, although it
has been supposed by very high author
ity, that the political blessings which
will be derived from the application of
the national resources tn internal im
provements. will overcome any specula
tive opinions about the right, yet, with
all due respect for such high authority,
1 must be permitted to sav, that I think
the blessing about as doubtf..i as the
power.
There has been a rage in this country,
for some time, for public improvements.
I he great prolit vvliiph has been realiz
ed from Canals in England, and the
success of the New York canal in this
country, ha mainly contributed to pro
duce this effect. Gentlemen seem to
forget the difference between the popu
lous countries of Europe and the Uni
ted States. In England, the popula
tion is equal to one hundred and eighty
to the square mile; in this country no*
more than six. In England, owing to
this very density of population, and the
great accumulation of capital, labor is
twice as cheap as in the United States.
It to this difference he added the pecul
iar necessity, in England, of lessening
the price of the transportation of coal,
(owing to its being an article of the first
necessity, and of great weight in propor
tion to the price at which it can be used,
of universal demand, and situated onlv
in one part of the kingdom,) we may
well consider the inducements to inter
nal improvements in England, one hun
dred times U3 great as” in the United
States. Sir, it may be awswered, that
in many parts of the United States the
population is much greater, in propor
tion to territory, than six to the squai e
mite. Wherever this is the case, leave
the State authorities to judge of the ad
vantages to be derived from their pecul
iar situation. They will be certain to
act with more knowledge of the subject,
and a greater regard for the consequenc
es, in profit and loss, than Congress can
or will. My view of the subject is a na
tional one, and the only one that Con
gress is authorized to take of it.
It is said, that the New York canal
yields a profit. Even that is doubtful.
But that canal was constructed by a
State, where responsibility for the dis
position of public money, is felt and
understood much better than here. And
1 think I may venture to say, if that
great work had been executed by the
United States, we should have heard
much more of the grandeur of the un
dertaking, and the extent of tlie expen
diture, than the amount of the profit.—
There are, however, advantages to be
derived from that woik, which cannot
proceed from any other, that remains to
be projected in the United Slates. The
great, rich, interior country of New
ork, was so distant from any market
for its lumber, flour, hemp, &c. tec.
that tlie profit from its productions must
have been little less than doubled.
Sir, when this government shall have
constructed a national road from Wash
ington City to New Orleans, completed
the projected Chesapeake and Ohio Ca
nal, we shall have the best practical com
mentary upon the authoritive position,
that tlie blessings to be derived from the
appropriations of the wealth of the peo
ple, tor internal improvements w ill am
ply compensate us for the violation of
conscientious scruples about the right.
But it is said that tlie great western and
eastern, northern and southern commu
nications, will unite us together as one
people. Sir, it will be severing the only
bond of Union that holds us together,
the inviolability of the Constitution, and
substituting for it a connexion of inter
est, which will prove as visionary as-the
schemes, by which it is to be effected,
will eventuate in unprofitable expendi
ture.
Sir, ours is the most industrious and
enterprising people on the earth. No
avenue to wealth can be hid from them.
They will construct every road and ca
nal that will yield a profit. Let us not
thwart their quick discernment, and
ready execution of public works, bv our
numerous and unpiofitable undertakings.
H*r, if we will permit the profits ofthe
people’s labor to remain w ith them, for
their own improvement, when war
comes, we shall have more wealth, bet
ter military roads, and a more spirited
people to defend u* from its dangeis.
rqmiiGK,
New York, May 3.
TMtest from France. —We have re
ceived bv the packet ship Helen, Capt.
Cobb, our regular files of l’aiis and
Havre Journals, to tlie 20th of March.
W'e have given them an attentive exa
mination, but do not find any intelli
gence which throws additional light on
the affairs of the East. The accounts
from Portugal are no later than we have
already received, through England.—
We find the annexed article under the
Vienna head, ofthe 14th March.
Public opinion is still in favor of
peace, but there are persons who pre
tend to have good reasons for expecting,
ere long, the intelligence of the entry of
the Russian troops into Moldavia. How
ever pacifically inclined the Emperor
Nicholas may be, it is not possible that
he should any longer submit to a pro
tracted political negotiation, similar to
that in which lie was engaged last year,
whilst the Porte, by closing the Bospho
rus, deprives one half of tlie finest pro
vince of Russia, of au outlet for their
produce.
Our politicians are now occupied with
the following subjects for speculation :
The mission of a Diplomatic Agent to
St. Petersburg!!, the prepar ations"for the
embarking of French troops for the Mo
rea, and tlie negotiations of the Ameri
ca;: Agents at Constantinople.
The Spanish government ha* u ,
orders to all its ambassadors aIU ] k .
s. ntatives at Foreign Conns, i lot
to deliver passports to all Sp a:i mdJ
pelted from Mexico who may ~ s ,
themselves, but also to grant q?,,’
cud protection and aid i„ [
Spain. Those Spaniards who ,i,V ’
eluded in the decree of May i SI j ?
are exempted. “ ’"A
From England.— The packet <[
George Canning, Captain Alb n ‘
brought us our regulai fi|e ot - j j 11
and Liverpool papers to tli* g,?
2i;th of Maicli. From the London s ’
ofthe 24th, we annex a few exu
which have not been noticed
German papers to the 18th say that i?
expectation of peace being present
was entertained at Vienna on the i
and the funds rose in consequence ‘I?
belief says the Sun, is founded on ?
circumstance that n > new nnasm,, ?
adopted at St. Petersburgli mben ?
closing of tire Bosphorus was ki ,
This says little. It would I,* ,?,?
banks of the Prutli that Russia ‘
act.
The same paper, in giving an
from the Gazette de France, of the re’
which is subjoined, says, The coi ? !
of the Porte has become more nre ( j,i, ‘
and Constantinople was quiet. \\’
must, however, w ait for news iron ?
Petersburgli before we can form a ,, v .’
cided opinion upon tlie question m ’
o war. At present, our inijir;
that Russia will go to war, link
Induced to act otherwise bv ‘j
and France: but we shrewdly , ll>r ?
that France and Russia have'a ‘
understanding at this moment win, ?
spect to Turkey, the result of*?’
may develope itself before long.
A messenger arrived in Londonj
the 21th from Vienna, with despaub,
from Prince Esterhazy, which were-ire
posed to be of importance.
A letter from Hamburgh of the it;
states that the juice of wheat ivast ~?
as the funds fell. The colonial ntufc
had improved : Coffee was finite,,!
sugar had improved.
Bucharst, March I.— There are fa.
ters at Constantinople, dated Febtnai
la, which states that anew attemr
made on tlie part of the ministers!;
Austria and Prussia, for the Porte
accept their intervention, has bum V
jected by ffie Reis Efiend i, who expos,
ed himself in very strong terms tee.
dragomans. In ei ery other respect
remains the same in tlie capital.
From the Gazette <lt France, MareUl
UucHAftST, Feb. —Though i
have not received written news fat,
Constantinople, later than the l!;th,!>-.
cause the couriers are detained bv fa
swelling of the Danube, and only aft
individuals w ithout baggage have tenht
ed to pass; we learn, however, ]: ,
travellers, that if tbe rigorous orders s
• gainst the Armenians are not vet revil
ed, the execution of them is relaxed, acl
most of the emigrations are voluntary
Nothing certain was known at Con star
tinople respecting the intentions of fa
Porte ; on the the one hand, it was sad
that it would not consent, upon anvcod
dition, to concessions, if the Greeks did
not make a complete submission, aban
doning their fate to the riieiry of the
Sultan. Other persons thought tin
Porte might likely yield on certain ren
ditions, and that it would require first of
all, a guarantee for the security of its
own existences; and that then, wilbot.
formally declaring itself—without i
greeing to sign any treaty granting in
dependence to Creecc—it would tolerate
it in silence. These accounts however,
are but the supposition of private pa
sons, which are not founded upon an?
positive authority, and from whi
inference can be draw n respecting fa
state of things.
Seven hundred pounds acciJmtak
found. —A few days ago, two gentlenm
who iiad been left executors to the mil
of a lriend, on examining the property
left by the testator, found they cod
not discharge the legacies by some hun
dred of pounds; astonished at this cir
cumstance, and the deceased had lie
quently informed he should leave in* •.
than suiTtciefrt for that purpose, th-t
made the most diligent search possiUs
among his papers, &e. and found i
scrap of paper on which was writw,
“ seven hundred pounds in Till.” Tliis
they took hi the literal sense of it; tu
as their friend liad never been in tract,
they thought it singular fie should kwi
such a sum of money in a till; homi
er, they examined all apartments care
tully, but in vain, and, after repeats
attempts to discover it, gave over tti
search. They sold his collection and
hooks to an eminent bookseller,
paid the legacies in proportion. f' j i
singularity of the circumstance occa
sioned them frequently to convene*
bout it, and they recollected amoo: fa
books sold there was a folio edition <-
Tillotson’s Sermons. The prowlilt!-
of this being wiiat was alluded to kv tin
word “Till,” on the piece of pap*,
made one of them immediately ’**•■
upon the bookseller who bad puicha* '■
the books, atitl ask him if he lmd fa
edition of Tillotson, w hit h had b. ra a
mong the book* sold to him ? on hi* ,r ’
ply in the affirmative, and the voire ’
being handed down, the gentleman fa*
mediately purchased them; and on cl
amming the leaves, found bank not l *
singularly dispersed in various pait*
the volumes to the amount of ‘Ml'”
But what is perhaps no less it-mat kafa'.
the bookseller informed hint that aget
tleman at Oxford, reading in l.is cat'”
loguc of this edition, had v-iitttn 14
hi.n and desired it might be sent fcW
which was accordingly done, but 116
binding of the ! >oks not meeting *fa
tlie gentleman’s approbation, the)
been returned, and laid upon his
bookseller’s) shelves until the day
notes were found London /- : f •
A bill has been introduced it to t 1
British Parliament, to regulate tla‘
rying of Passengers to foreign poit**’
Among the evil, resulting from ike
ent system of conveying passem.es. *
following instances were adduced- I
ship James, arrived at Halifax last***
son from Ireland with emigrant?.
sailed with IfiO on board, of whom
died on the passage, and 35 were I* 1 '”
Newfoundland, tring unable to proto
The remaining 5 si**, v- iih the cte*- ■
rived at Halifax, ail labouring uin- er
: phus fe•.. Ai tJ-Jtt IjtM ti e j'l