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H. or R.

Internal Improvements.

MARCH, 1818.

or which met the points contended for during There is no such clause; there is no such exthis debate. Allow me here, said Mr. C. to say, clusive Executive power. The power is derivand I do it without the least disrespect to that able by the Executive only from those provisions branch of the Government, on whose opinions and of the Constitution which charge him with the acts it has been rendered my painful duty to com- duties of commanding the physical force of the ment-let me say, in reference to any man, how- country, and the employment of that force in ever elevated his station, even if he be endowed war and in the preservation of the public tranwith the power and prerogatives of a sovereign, quillity, and in the execution of the laws. But that his acts are worth infinitely more, and are Congress has paramount power to the President. more intelligible than mere paper sentiments or It alone can declare war, can raise armies, can declarations. And what have been the acts of provide for calling out the militia in the specified the President? During his tour of last Summer, instances, and can raise and appropriate the ways did he not order a road to be cut or repaired from and means necessary to these objects. Or is it near Plattsburg to the St. Lawrence? And my come to this, that there are to be two rules of conhonorable friend will excuse me if my compre-struction for the Constitution-one, and an enhension is too dull to perceive the force of that larged rule, for the Executive-and another, and argument which seeks to draw a distinction be- a restricted rule, for the Legislature? Is it already tween repairing an old and making a new road. to be held, that, according to the genius and nature [Mr. NELSON said he had not drawn that distinc- of our institutions, powers of this kind may be tion, having only stated the fact.] Certainly no safely intrusted to the Executive, but, when atsuch distinction was to be found in the Constitution tempted to be exercised by the Legislature, are or existed in reason. Grant, however, the power so alarming and dangerous that a war with all of reparation and we will make it do. We will the allied Powers would be less terrible, and that take the post roads, sinuous as they are, and put the nation should clothe itself straightway in them in a condition to enable the mails to pass, sackcloth and ashes? No, sir, if the power bewithout those mortifying and painful delays and longs only by implication to the Chief Magistrate, disappointments to which we, at least in the it is placed both by implication and express grant West, are so often liable. The President, then, in the hands of Congress. I am so far from conordered a road of considerable extent to be con- demning the act of the President, to which I have structed or repaired, on his sole authority, in a referred, that I think it deserving of high approtime of profound peace, when no enemy threat-bation; that it was within the scope of his Conened the country, and when, in relation to the stitutional authority I have no doubt; and I sinpower as to which alone that road could be useful cerely trust that the Secretary of War will, in in time of war, there existed the best understand-time of peace, constantly employ in that way the ing, and a prospect of lasting friendship greater military force. It will, at the same time, guard than at any former period. On his sole authority that force against the vices incident to indolence the President acted, and we are already called and inaction, and correct the evil of subtracting upon by the Chairman of the Committee of Ways from the mass of the labor of society, where labor and Means to sanction the act by an appropria- is more valuable than in any other country, that tion. This measure has been taken, too, without portion of it which enters into the composition the consent of the State of New York; and what of the Army. But I most solemnly protest against is wonderful, when we consider the magnitude any exercise of powers of this kind, by the Presiof the State rights which are said to be violated, dent, which are denied to Congress. And, if the without even a protest on the part of that State opinions expressed by him, in his Message, were against it. On the contrary, l'understand, from communicated or are to be used here to influence some of the military officers who are charged the judgment of the House, their authority is with the execution of the work, what is very ex- more than countervailed by the authority of his traordinary, that the people, through whose quar-deliberate acts. ter of the country the road passes, do not view Some principles drawn from political econoit as a national calamity; that they would be mists have been alluded to, and we are advised to very glad that the President would visit them leave things to themselves, upon the ground, that, often, and that he would order a road to be cut when the condition of society is ripe for internal and improved, at the national expense, every time improvements, that is, when capital can be so inhe should visit them. Other roads, in other parts vested with a fair prospect of adequate remuneof the Union, have, it seems, been likewise ordered, ration, they will be executed by associations of or their execution, at the public expense, sanc-individuals, unaided by Government. With my tioned, by the Executive, without the concurrence friend from South Carolina (Mr. LOWNDES) I of Congress. If the President has the power to concur in this as a general maxim; and I also concause these public improvements to be executed, cur with him that there are exceptions to it. The at his pleasure, whence is it derived? If any foreign policy which I think this country ought member will stand up in his place and say the to adopt, presents one of those exceptions. It President is clothed with this authority, and that would perhaps be better for mankind, if, in the it is denied to Congress, let us hear from him; intercourse between nations, all would leave skill and let him point to the clause of the Constitu- and industry to their unstimulated exertions. But tion which vests it in the Executive and with- this is not done; and if other Powers will incite holds it from the Legislative branch. the industry of their subjects and depress that of

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our citizens, in instances where they may come into competition, we must imitate their selfish example. Hence the necessity to protect our manufactures. In regard to internal improvements, it did not always follow that they would be constructed whenever they would afford a competent dividend upon the capital invested. It may be true generally that, in old countries, where there is a great accumulation of surplus capital, and a consequent low rate of interest, that they would be made. But in a new country the condition of society may be ripe for public works long before there is, in the hands of individuals, the necessary accumulation of capital to effect them; and, besides, there is generally, in such a country, not only a scarcity of capital, but such a multiplicity of profitable objects presenting themselves as to distract the judgment. Further; the aggregate benefit resulting to the whole society, from a public improvement may be such as to amply justify the investment of capital in its execution, and yet that benefit may be so distributed among different and distant persons as that they can never be got to act in concert. The turnpike roads wanted to pass the Alleghany mountains, and the Delaware and Chesapeake Canal, are objects of this description. Those who would be most benefited by these improvements reside at a considerable distance from the sites of them; many of those persons never have seen and never will see them. How is it possible to regulate the contributions, or to present to individuals so situated a sufficiently lively picture of their real interests to get them to make exertions, in effectuating the object, commensurate with their respective abilities? I think it very possible that the capitalist, who should invest his money, in one of those objects, might not be reimbursed three per cent. annually upon it. And yet society, in various forms, might actually reap fifteen or twenty per cent. The benefit resulting from a turnpike road, made by private associations, is divided between the capitalist who receives his tolls, the lands through which it passes, and which are augmented in their value, and the commodities whose value is enhanced by the diminished expense of transportation. A combination upon any terms, much less a just combination, of all these interests to effect the improvement is impracticable. And if you await the arrival of the period when the tolls alone can produce a competent dividend, it is evident that you will have to suspend its execution until long after the general interests of society would have authorized it.

Again, improvements made by private associations are generally made by the local capital. But ages must elapse before there will be concentrated in certain places, where the interests of the whole community may call for improvements, sufficient capital to make them. The place of the improvement too is not always the most interested in its accomplishment. Other parts of the Union-the whole line of the seaboard-are quite as much if not more interested in the Delaware and Chesapeake Canal, as the small tract of 15th CoN. 1st SESS.-44

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country through which it is proposed to pass. The same observation will apply to turnpike roads passing the Alleghany mountains. Sometimes the interest of the place of the improvement is adverse to the improvement and to the general interest. He would cite Louisville, at the rapids of the Ohio, as an example, whose interest will probably be more promoted by the continuance, than the removal of the obstruction. Of all the modes in which a Government can employ its surplus revenue, none is more permanently beneficial than that of internal improvement. Fixed to the soil, it becomes a durable part of the land itself, diffusing comfort and activity, and animation on all sides. The first direct effect was on the agricultural community, into whose pockets came the difference in the expense of transportation between good and bad ways. Thus, if the price of transporting a barrel of flour by the erection of the Cumberland turnpike should be lessened two dollars, the producer of the article would receive that two dollars more now than formerly.

But, putting aside all pecuniary considerations, there may be political motives sufficiently powerful alone to justify certain internal improvements. Does not our country present such? How are they to be effected if things are left to themselves? I will not press the subject further. I am but too sensible how much I have abused the patience of the Committee by trespassing so long upon its attention. The magnitude of the question, and the deep interest I feel in its rightful decis ion, must be my apology. We are now making the last effort to establish our power; and I call on the friends of Congress, of this House, or the true friends of State rights (not charging others with intending to oppose them) to rally around the Constitution, and to support, by their votes, on this occasion, the legitimate powers of the Legislature. If we do nothing this session but pass an abstract resolution on the subject, I shall, under all circumstances, consider it a triumph for the best interests of the country, of which posterity will, if we do not, reap the benefit. I trust that, by the decision which shall be given, we shall assert, uphold, and maintain, the authority of Congress, notwithstanding all that has been, or may be, said against it.

Mr. NELSON spoke a short time in reply to Mr. CLAY.

Mr. CLAY again rose. It was certainly very far from his intention, he said, to prefer any charge against the gentleman of undue submission to Executive influence; though the gentleman certainly had, with great zeal, if not ability, defended the conduct of the Executive in the cases of the employment of the military force in the construction of roads, and of that part of the message respecting the power of Congress to make roads and canals. But the honorable gentleman, said Mr. C., has made some personal allusions to myself. I have been on a foreign embassy, he says. If I have, sir, that office was unsolicited, and was accepted under an imperious sense of public duty. [Mr. NELSON said he did

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not mean to insinuate that that, or any other office, had been solicited by the Speaker, or was not due to his merit and public services.] Mr. C. resumed. The honorable gentleman has also thought proper to intimate that departments have been offered. It was not necessary for him to say whether there was any and what ground for this intimation; but he would say, that on this subject, not in this House, but elsewhere, motives had been ascribed to him, in relation to a particular office, as false as the imputation of them was malignant. I have desired no office from the Executive; I have preferred the honors conferred on me by my constituents, and by the kindness of this House, to any in the gift of any other branch of Government. With regard to the gentleman who fills the office of President, I have already said that I consider the office as an honorable reward due to him for his long and faithful services; for the simplicity, sincerity, and purity of his character, as displayed in the distinguished offices which he had previously filled. But, whatever may be my opinion of him or of others, I shall sacrifice no part of my public duty to a servile compliance with his views. I come here to serve my constituents and my country according to the Constitution, my conscience and my best comprehension of the public welfare. I am no grovelling sycophant, no mean parasite, no base suppliant at the foot of authority. I respect the co-ordinate branches of Government, but will exercise my own rights with the freedom which belongs to an American citizen, without fear of the consequences. The gentleman speaks of impeachment of the President, if he has exceeded his authority. Does the gentleman expect, by this sort of defiance, to influence this House or the people against the exertion of their Constitutional rights? The power of impeachment is one which, if ever exercised-and it may be doubted whether it ever will be in regard to the Chief Magistrate-can only be employed in cases of palpable breaches of the Constitution, with bad motive. But it does not follow, because the President is not, and will not be impeached for his conduct, that he may not have performed acts without the pale of his Constitutional authority. I admit, certainly, the power of recommendation to Congress of measures called for by the public good, which the Executive possesses; but I contend that it is a power of a very questionable nature, when attempted to be exercised in regard to constructions of the Constitution, and amendments to the instrument, in making which amendments the Constitution has given him no participation. The power of the President is not to recommend to Congress abstinence from action, but measures of a positive character. I do say, and I do think, and I care not who thinks otherwise, that in this particular instance it would have been better had the President refrained from expressing his opinion against a measure which had the approbation of Congress at the last session, which he must have supposed would be again renewed, whatever might be his opinion, and which, the gentleman's opinion not

MARCH, 1818.

withstanding, I believe nine-tenths of the people are in favor of. I repeat my thanks, said Mr. C. in conclusion, to the gentleman from Virginia, for the repetition of his wish that the people will put down us who support this measure. I will, for evil return to him good; and hope that the people will duly appreciate him and his exertions against the measure, and will permit him still to remain in this House, an ornament to the Legislature, and to the district he represents.

After Mr. CLAY's brief rejoinder, the Committee rose and reported their agreement to the resolution, with an amendment to strike out all of the said resolution after the word Resolved, and to insert, in lieu thereof, the following, to wit:

1. That Congress has power, under the Constitution, to appropriate money for the construction of post roads, military, and other roads, and of canals, and for the improvement of water-courses.

2. Resolved, That Congress has power, under the Constitution, to construct post roads, and military roads: Provided, That private property be not taken for the public use, without just compensation. 3. Resolved, That Congress has power, under the Constitution, to construct roads and canals, necessary for commerce between the States: Provided, That private property be not taken for public purposes, without just compensation.

Constitution, to construct canals for military purposes : Provided, That no private property be taken for any such purpose, without just compensation being made

4. Resolved, That Congress has power, under the

therefor.

Leave was given for the Committee of the Whole to sit again, on the residue of the order committed to them. And then the House adjourned.

SATURDAY, March 14.

Mr. HERBERT presented a petition of the Directors of the Eastern Branch Bridge Company, praying that permission may not be granted to build another bridge over the Eastern Branch, within the limits of the City of Washington.— Referred.

Mr. LOWNDES presented a petition of David Gelston, on behalf of himself and Peter A. Schenck, praying to be indemnified against a judgment recovered against them for the seizure of the ship American Eagle, for an alleged breach of the laws of the United States, under direction from the Secretary of the Treasury.-Referred to the Committee of Ways and Means.

Mr. FORNEY, from the Committee on Military Affairs, reported a bill for the relief of the heirs of Adolphus Burghart, deceased; which was read twice, and committed to a Committee of the Whole, on the bill for the relief of William Barton.

The SPEAKER laid before the House a letter from Richard Bland Lee, Commissioner of Claims, transmitting a report of the facts in the case of Nathan Ford, with the evidence accompanying it; which was referred to the Committee of Claims.

The SPEAKER also laid before the House a re

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port of the Secretary of War, on the petition of Brintnel Robbins; which was read, and ordered to lie on the table.

The SPEAKER also laid before the House a report of the Secretary of the Navy, on the petition of Frederick Ernest and Frederick Williamson; which report was read, and ordered to lie on the table.

A message from the Senate informed the House that the Senate have passed bills of the following titles, viz: "An act respecting the transportation of persons of color, for sale, or to be held to labor;" and, "An act to extend the jurisdiction of the circuit court of the United States, to cases arising under the law relating to patents;" and a resolution "directing the distribution of the laws of the fourteenth Congress, among the members of the fifteenth Congress" in which bills and resolutions they ask the concurrence of this House.

The first mentioned bill was read twice, and committed to a Committee of the Whole.

The last mentioned bill was read twice, and referred to the Committee on the Judiciary. The resolution aforesaid was read twice, and referred to the Committee on the Judiciary.

On motion of Mr. POINDEXTER, the Committee on Roads, Canals, and Seminaries of Learning, were instructed to inquire into the expediency of appropriating a reasonable sum, out of the proceeds of the public lands in the State of Mississippi, to the opening and improving the navigation of Pearl river, in said State, to be expended under the direction of the Secretary of the Treasury.

INTERNAL IMPROVEMENT.

The House having resumed the consideration of the report of the Committee of the Whole, on the report of a Committee on the subject of Roads and Canals; and the question being on agreeing to the first resolution reported by said committee, in the following words:

1. Resolved, That Congress has power, under the Constitution, to appropriate money for the construction of post roads, military, and other roads, and of canals, and for the improvement of water-courses.

Mr. JOHNSON, of Kentucky, said he had never voted for any proposition since he had enjoyed the honor of a seat in this House, which he did not believe to be sanctioned by the express letter of the Constitution; nor should he on the present occasion. After expressing the satisfaction which he had received from this debate, than which he had never listened to any with greater pleasure, Mr. J. proceeded to say, that, as he bottomed his opinion on this question on the express letter of the Constitution, he should derive no aid in support of his vote by implication. He claimed for Congress no grant of power under that clause of the Constitution which speaks of the common defence and general welfare; nor did he stand here in any other character than as an advocate for State rights; for he was thoroughly convinced that there never was a more vital attack on the

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integrity of the States, and on State rights, than would be the rejection of the present proposition, unless it were immediately followed by an amendment to the Constitution in this respect.

Mr. J. called the attention of the House to that part of the Constitution which gives to Con-. gress the power to regulate commerce among the several States. On what principle, if this proposition were to be rejected, had Congress appropriated, for the purposes of trade with the Indian tribes three hundred thousand dollars of the public money? Under what part of the Constitution did Congress exercise the power of appropriating money for the purpose of erecting and maintaining light-houses, if not under that of regulating trade with foreign nations? For neither of these objects was there a grant of power in stronger terms, or more certainly imparted to Congress, than was the power to give security and facility to the trade between the several States; for which purpose the General Government had the same power over the soil of the several States, as it undeniably had over the water-courses. If to the States alone belonged the power of making roads and canals, he could not, he said, conceive of anything more calculated to weaken the power of the States, than to subject those roads and canals, when made by the States, to the control of the General Government, for the purpose of exercising its Constitutional power of regulating the intercourse between the States. Suppose, said he, that the State of Kentucky should make a canal round the falls of the Ohio, will Congress regulate the trade through this channel, or will it surrender to the State of Kentucky, the power expressly granted to Congress? If Congress do not give up the power, we shall be tributary to the United States; we shall have opened a canal with our own resources, and Congress will have the power to regulate trade through it. As strange, therefore, as it might appear to some gentlemen who had argued in a very different manner, Mr. J. said, he had a tendency to weaken the authority of the contended that the rejection of this proposition States, and to make State rights subservient to the Congress of the United States. Again, said he, I ask any gentleman to point out in what possible way roads and canals can be used, but for the purposes pointed out in the Constitution. The object of opening a road or a canal is to facilitate intercourse among the States and among the people. But, it was said, that the exercise of such a power was not necessary in the sense of the term used in the Constitution. Is it necessary, he asked, to have national armories? Cannot we purchase arms by private contract? Is it necessary to have magazines? Can we not hire buildings for the purpose? But we build, and wisely build, magazines and armories, and appoint persons to labor in and superintend them. And was it more necessary and proper, he demanded, to have magazines, and national armories, than to have roads and canals to give facility to the transportation of the munitions of war? He should be glad to know, he said, on what

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Internal Improvements.

MARCH, 1818.

the upper Lakes, by means of the Susquehannah, the Hudson, and the Delaware; between James river and Catawba; between the waters of Alabama and Tennessee; between those of the Chesapeake and Delaware. What is there alarming in the General Government having it in its power to accomplish these and similar objects? If I could see any evils possibly resulting from the exercise of such a power, far would it be from me to advocate it.

principle of construction of the Constitution gen-nexion between the waters of the Atlantic with tlemen would deny to Congress the power of opening roads and canals for the purpose of internal trade and commerce, and for the purpose of transporting munitions of war, unless, in the instance he had mentioned, there had been frequent and flagrant violations of the Constitution. In regard to the power in question, if to exercise it would be a violation of the Constitution, it has been violated in many cases already-in making a road from Georgia to New Orleans, from Nashville to Natchez, &c.-in making the great road from Cumberland to Ohio, and from Ohio to the line-in opening a road from Detroit to Fort Meigs, and from Fort Meigs to Lower Sandusky, with several others, which he mentioned. If these were violations of the Constitution, thus repeated, it depended upon gentlemen, if the Constitution was worth preservation, to show how this evil was to be corrected.

Mr. J. said he had not risen to make a speech on this subject; but, as it might not fall to his lot hereafter to have an opportunity of expressing his opinion on the subject of internal improvement, by means of roads and canals, he could not forbear to state to the House, as he had done, that, resting on the letter of the Constitution, not on its spirit; on the words of it, not on derivative construction; not in opposition to State rights, but in support of them, he was decidedly in favor of the report of the committee favorable to internal improvement, under the authority of the United States.

Mr. DESHA moved to amend the said resolution, by striking out the words "and other," the effect of which would have been to confine the declaration to post roads and military roads.

After some remarks from Mr. LOWNDES, who desired that the amendment might not prevail, that the House might be allowed to vote on the broad proposition, the motion of Mr. DESHA was negatived.

Mr. MILLS moved to postpone indefinitely the further consideration of the subject, and supported this motion in a speech of half an hour.

Mr. RHEA then delivered his sentiments on the general question.

As to the arguments which had gone to the policy of this measure, he had never before heard the utility of internal improvements a subject of controversy. Had the policy of the different States, in opening roads and canals, been objected to? Had the policy of foreign nations in this respect been deemed unwise? Had the policy of Holland been questioned, where there was a continued chain of internal navigation? On the continent of Europe, had there ever been a difference of sentiment as to the value of the canals which intersect it; of the canal of Languedoc, or of that of the Seine and Loire, or of hundreds of others, which it were unnecessary to occupy the time of the House by enumerating? Had the policy of China ever been objected to, which had a canal navigation of eight hundred Mr. TUCKER spoke against the motion, and miles in extent, and which employed two thou-called upon gentlemen to unite against it, that the sand individuals for forty years in its construe- opportunity might not be lost of expressing the tion, from Pekin to Canton; and canals even to opinion of this House. water the farms, besides roads innumerable, which it would take him till doomsday to enumerate? Or that of England, who had opened an internal communication by means of canals, uniting the Irish Channel with the German Ocean, and pervading the country, which were to the people of England the source of much wealth, and of much convenience? We have seen nations and people differ as to the rights of conscience, as to the tenets of religion, and as to modes of government, from democracy to despotism; on almost every question arising out of the multiplicity and variety of human concerns; yet, go to England, Holland, France, China, Russia, you find canals and roads distributing around fertility and accommodation. Yet it would appear, from the discussion which had taken place, there was, in the Congress of the United States, a difference of opinion as to the policy of internal improvement! At this Mr. J. expressed great surprise. Bring your imagination, said he, to contemplate a union of the waters of the Illinois with the waters of Michigan; of the Miami with the Ohio; of the Alleghany with the waters of Lake Erie. Bring your mind to reflect on the immense advantages to be derived from a con

Mr. SMITH, of Maryland, supported the motion for postponement by a number of remarks, the object of which was to show that a further prosecution of the discussion would be a consumption of valuable time, without any probability of arriving at a practical result.

Mr. LOWNDES replied to Mr. SMITH, by observations calculated to show that it was highly important to obtain a decision of this House at the present session; a different course. after the many days consumed in debate, he thought would be unjust to the committee who had made report on the subject, and dissatisfactory in its result.

Messrs. BALDWIN and LIVERMORE also opposed the indefinite postponement.

The motion for indefinite postponement was decided in the negative, by yeas and nays-for the postponement 77, against it 87, as follows:

YEAS-Messrs. Adams, Allen of Massachusetts, Allen of Vermont, Anderson of Pennsylvania, Austin, Ball, Barbour of Virginia, Bassett, Bellinger, Bennett, Blount, Boden, Boss, Bryan, Burwell, Butler, Clagett, Claiborne, Cook, Crafts, Culbreth, Desha, Drake, Earle, Edwards, Folger, Forney, Garnett, Hale,

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