Sen. & H. of R.]

Suppression of Piracy.-Western National Road.

and felt, by all engaged in commerce in that sea, it may fairly be presumed, that neither will the government of Spain, nor the government of either of these islands, complain of a resort to either of those measures, or to all of them, should such resort be necessary. It is, therefore, suggested, that a power commensurate with either resource be granted to the Executive, to be exercised according to his discretion, and as circumstances may imperiously require. It is hoped that the manifestation of a policy so decisive will produce the happiest result; that it will rid these seas and this hemisphere of this practice. This hope is strengthened by the belief, that the government of Spain and the government of the islands, particularly of Cuba, whose chief is known here, will faithfully co-operate in such measures as may be necessary for the accomplishment of this very important object. To secure such co-operation, will be the earnest desire, and, of course, the zealous and persevering effort of the Executive.

Washington, 13th January, 1825.

JAMES MONROE.

[JAN. 13, 1825.

course proposed was the best to be at present pursued. The great system of Internal Improvements ought not thus to be commenced in detail. What had last session been done as a commencement of the system, had been done on a scale, and in a manner, worthy of the nation. The first step in such a plan was to have a full survey of the whole field of operation, and then to consider what parts of the general system require the first attention. The observations which had so repeatedly been made by the gentleman from Ohio, (Mr. BEECHER,) as to the comparative expenditures on the east and on the west side of the Alleghanies, were calculated to shew that the commencement of the plan, in the manner now proposed, or in any manner similar to it, had a direct tendency to arouse sectional feeling and awaken local jealousies. If, indeed, as had been contended by the gentleman, the government is bound by contract to make this road, why, then, it must be made; but, if not, and if this measure stood on the same ground of its own independent merits as any other object of internal improvement, then it was proper to pause and consider

The message was read, and, with the documents ac- whether the course proposed was the wisest and best. companying it, ordered to be printed.

HOUSE OF REPRESENTATIVES.-SAME DAY. CONTINUATION OF THE CUMBERLAND ROAD. The House proceeded to the unfinished business of yesterday, and went into committee of the whole, Mr. STERLING, of Connecticut, in the chair, on the bill to continue the Cumberland road; and the question being on the motion of Mr. BEECHER, to strike out that part of the bill which goes to pledge the 2 per cent. fund arising from the sale of the public lands, to reimburse the sum appropriated,

It was his own opinion that the government is not bound by any contract to go on with the Cumberland road.— The first act on this subject was that in 1802, when 2 per cent. of the proceeds of the sales of the public lands was reserved for the purpose of making a road from the navigable waters of the Atlantic to the navigable waters of the Ohio. The great object of this reservation was, that a chain of communication might be opened and secured between the states on the Atlantic and the states on the Western waters. This leading object of the original contract was to be taken as a guide in the interpretation of all the subsequent contracts which were entered into on the same general subject. None of those contracts except the first, stated

The question was taken on Mr. BEECHER's amend-where the stipulated road was to run from. One said it ment, and it was negatived by a large majority.

Mr. BEECHER moved to fill the blank in the bill with $200,000, and the question being taken without debate, it was decided in the negative, ayes 50, noes 75. Mr. B. then moved to fill the blank with $150,000. Mr. McDUFFIE, of South Carolina, rose, and said, that he wished clearly to understand what would be the effect of the provisions of the bill, and for that purpose he had risen to inquire what was the present condition of this fund of 2 per cent. of the sales of the public lands? If he had been correctly informed, the proceeds of that fund were all exhausted on the Cumberland road, and the money now to be appropriated was to be advanced on a fund which would not yield any returns, perhaps, in fifty years, perhaps never. He wished to meet the question fairly; and, if the money was to be given out of the Treasury for the object proposed, he wished at once to know it, that the House might not put on the statute book an act in a deceptive form, purporting that the money granted is to be returned, when no such thing is expected. As the matter now stood, he should vote against the bill; but he wished for further information, and hoped that some of the gentlemen who had the charge of the bill would favor him by stating the true situation of the fund.

Mr. RANKIN, of Mississippi, observed, that, as it was his purpose to oppose the bill, he might as well take this time as any other to present his objections to it. He felt assured that he should not be so far misunderstood as to have it supposed by any gentleman on that floor that he was otherwise than friendly disposed toward the system of internal improvement on which the House and the nation had last year entered, and he was equally certain that his friends from the West would not suspect him of being hostile to their interest; for, if any part of the whole Western country might be said to be closely connected in interest with the state he represented, it was that in which the contemplated object was propos

be carried into effect. But, he did not think the

was to run to Indiana; another, that it was to run to Illinois, &c.; but, for aught in those compacts, it might start from Detroit, or from Boston, or from Charleston, or any other point in the Union. The great object was to secure a line of connection between the Atlantic and Western states, and this must constantly be kept in view in interpreting the terms to and from, as they occur in those contracts. This construction presents an object which was worthy of the legislation of government. It was well known that the three great Western states were already sufficiently bound to each other by their relative situation; their interests were all closely allied, and they needed nothing to draw the bands closer, or render them stronger. But it was not so with respect to them and the Atlantic states. Between them was interposed a barrier of mountains, the natural effect of which was to separate their interests, and alienate their attachment from each other. Congress wished, so far as possible, to do away this barrier, and consolidate the interests of the Eastern and Western parts of the Union, by establishing a chain of direct and easy intercourse between them. Another reason in favor of this construction was the uniform course of the legislation which had been pursued on this subject. The original contract with the state of Ohio was made in 1802. In 1806, the appropriation was made for the Cumberland road; and every subsequent act from 1806 to 1819, had had the same uniform design and tendency, viz. to connect the Eastern and the Western states. The last pledge of the 2 per cent. fund was made in 1819; those prior had been only of so much of the fund as arose from lands in Ohio: then followed the pledge of the 2 per cents. from Ohio and Indiana; then of those of Ohio, Indiana, and Illinois. He presumed the latter was made with the consent of Illinois.

As to the application of this fund to the Cumberland road, it would be found that, in December, 1823, the total amount of the 2 per cent. fund was $249,000. The sum appropriated for making the Cumberland road was

JAN. 15, 1825.]

Western National Road.

[H. of R.

about $1,600,000-which would leave a balance of the the present as the most favorable period for the extenappropriation, over and above the amount of the 2 persion of this great national work. cents., of $1,407,000, to be made up out of that fund. From this statement it must be plain to every body that that fund would never replace what had been expended already.

Mr. Chairman, those who have travelled this road to Wheeling, or who reside upon it, are only capable of properly appreciating its advantages.

In a favorable season for emigration, the traveller upHe did not see that the claim of Ohio for money for a on this highway will scarely lose sight of passengers, of road, was to be placed before that of the other States. some description. Hundreds of families are seen migratCongress was not yet prepared to enter on the detail of ing to the West, with ease and comfort. Drovers from this system of internal improvement. If in carrying that the West, with their cattle, of almost every description, system into effect, Congress wished to do justice to the are seen passing eastward, seeking a market on this side whole country, the first measure must be a general sur- of the mountains. Indeed, this road may be compared vey. If, when that was done, it should be the opinion of to a great street, or thorough-fare, through some popuCongress that the point now proposed was the proper lous city--travellers on foot, on horse-back, and in carone at which to commence the system, he should cheer. riages, are seen mingling on its paved surface, all seemfully consent to it. He had risen now chiefly to shewing to enjoy the pleasure of the journey, and to have a that Congress had a right to do what they had done in consciousness of the great benefits derived from it. With pledging the two per cent. fund for the Cumberland much propriety may it be called a national road for its road. advantages are so diffusive, that no other term would be found equally appropriate. In another point of view the name is proper-it is the only lasting monument of the kind that has been constructed by the beneficence of the nation, and should this road be completed, and none other of a national character, advancing the internal prosperity of the country, be constructed, it would of itself constitute a more durable monument of its glory, that has been left by any of the free governments which have preceded our Republic.

Mr. McLEAN, of Ohio, then rose, and addressed the Committee as follows:

"Coming as I do from a section of the country through which this road is expected to pass, and entertaining the views I do as to the great benefits that will result from it, not only to the particular part of the country through which it may be constructed, but to the United States in general, I feel it to be my duty to contribute my feeble exertions for the accomplishment of the object. The friends of this bill are willing it should be considered by Congress without reference to that provision contained in it, for refunding the appropriation for the 2 per cent. fund. It is presented to the consideration of the committee as a great national object, and, as such, we ask and hope for its passage.

Mr. Chairman, the commencement and completion of the national turnpike road to Wheeling, has been received by the West as a sure indication that a great national road would be constructed, under the auspices of the General Government, through the states north of the Ohio, to the Mississippi river. In the completion of this work, the Western States are not alone interested; the Eastern and Middle States, if not to the same extent, are, notwithstanding, so far interested, as to ensure, on their part, I trust, a most hearty concurrence in support of the measure. It would perhaps be unkind to anticipate any thing like a united opposition from any section of the country; for, so general are the benefits which will result from it, that, to suppose any hostility from the South, or the North, would ascribe to them less liberality of feeling than I am conscious they possess.Sure I am, sir, as it regards myself, and, in this respect. I believe I could answer for the gentlemen of the West in general, a most cordial co-operation would not by them be withheld from any measure calculated, in equal extent, to promote the interest of any section of the Union.

Sir, I defy any man of ordinary sensibility, or common patriotism, to travel that part of this road which has been completed, and not to feel proud of his country. I will venture to assert, however strongly it may be controverted, that no sum of money, of the same amount, has been appropriated from the Treasury, since the adoption of our Constitution, so much to the advancement of the public interest.

Sir, all who feel a proper degree of interest, it appears to me, in preserving our Union, cannot be too solicitous to secure it by removing every obstruction to a continued intercourse between the different parts. In effect, the most remote parts of our country are brought near together, and identified in interest, by turnpike roads and canals; and when commercial intercourse is facilitated in this way, connections are formed, and interests become so interwoven, that nothing can separate them. This policy, and this only, can unite the different sections of our country under the adverse circumstances which may befall us. This alone can render our Government as permanent as its principles are sound and favorable to liberty.

Mr. Chairman, we may theorise as much as we please, and talk of the moral sentiment that every where prevails, in our country, but, unless our citizens are united in interest, there is no ligament sufficiently strong to bind the different parts together. Our country embraces all the varieties of soil, of climate, and production; Mr. Chairman, the claims we have, from the work al- our interests are often variant and conflicting. In some ready executed, are entitled to the respectful considera- conflicts of opinion, and of interest, it is to be feared, anition of every gentleman. But, the general good that mosity of feeling may be indulged, until a settled hostiwill result from the work, is of itself a consideration suf-lity shall prevail, and this may lead to the most direful ficient, it seems to me, to secure the favorable opinion consequences; but, bring the remote parts of the country of every member of this House who is disposed to sanc- together by turnpike roads, and no danger need be aption an internal policy, more calculated than any other prehended. I can name no sections of the country more to promote the great interests of the nation. Some, per- important to connect in interest, than the East and haps, who may be unfriendly to the policy, or may feel West-there seemed to be a natural barrier to their inhostile to this road, may make some objections on ac- tercourse, but this has in part been done away by that count of the expense which has been incurred in making part of this road already completed-and I trust in this that part of it already executed. This, however, can af is the commencement of a policy which shall only cease ford no substantial objections to its prosecution and com- after the great objects shall have been accomplished. pletion. If any abuse has existed, the knowledge of The extension of the national road through Ohio, Indiaits existence points out the surest method of guarding na, and Illinois, will extend the advantages to the public against it in future. Some experience has been acquir. in the same proportion as the length of the road shall be ed, which, in making improvements of this description, increased. Every individual who may travel this road, is of incalculable value. The price of labor is now great or purchased goods which have passed over it; all who ly reduced, and every consideration seems to point out may have stock to send to market, or products of any

JAN. 15, 1825.]

Western National Road.

the same." The compact provides, moreover, that "the consent of the several states through which the road shall pass," shall be obtained previous to making such. road. I would ask, Mr. Chairman, what road? If the whole of the two per cent. fund of Indiana and Illinois has been rightfully pledged, and if so, correctly expended, in the construction of a road to the Ohio river, as gentlemen contend, what has the consent of the states west of the Ohio to do with, and what bearing can such consent have upon, the operation which shall take place under the appropriations of this fund? I admit that Congress has the power to appropriate the two per cent. fund of Indiana to making a road through the state of Ohio to the state of Indiana; but I deny the right of Congress, although the power has been exercised, to apply the two per cent. fund of Indiana to the making a road from the navigable waters of the Atlantic to the Ohio; and I shall not, therefore, give my vote for the appropriation of money, which carries with it a pledge upon the two per cent. fund of Indiana, until this road is located, at least, to the Mississippi river. The seat of government of the state which, in part, I have the honor to represent, is located permanently, and this road, if ever we are to have one, will pass through its site. But this road can be located only by the authority of Congress. In the prosperity of the Capital of the state, the citizens of Indiana have not only an interest, but an interest which involves the value of real property, to a considerable extent; but she has no control, nor is her interest in having this road located, to be regarded by the provisions of this bill. That it was the original intention of Congress that this road should be located, opened, and constructed, to the state of Missouri, so far as the fund might be adequate to the object, I have no doubt; and that it was equally the intention of Congress that the two per cent. fund of Ohio should be expended in making a road from the Atlantic waters to the said state; and that the two per cent. fund of Indiana should be expended in making a road through Ohio, to Indiana, and that of Illinois, in like manner, "through Indiana to Illinois. But the constructions, and the character of the road contemplated to be constructed by the provisions of this bill, will expend every cent that may hereafter accrue, before this road, such as it is intended to be, shall reach the seat of Government of Ohio; and thus the location and opening of this road through Indiana will ultimately have to depend upon the bounty of Congress, instead of resting upon the compact. That the original intention of Congress comports with the construction of those compacts with the United States, and "the several states through which the road shall pass," which I consider correct, is evinced by the course adopted by Congress, under whose authority Commissioners were employed, a few years since, to locate this road through those several states. And why this measure on the part of Congress, if the constructions which have been given to the compacts be correct? The state of Indiana, in accepting the conditions offered by Congress, as an equivelent to her renouncing any right to tax the lands of the United States, &c. placed a value on this fund, and it formed no unimportant part in the aggregate consideration, which induced the state to enter into a full execution of the contract on her part. But the disposition which has been, and is now propos ed to be made of this fund, is, in effect, to destroy the just expectation of the state in relation to it; and, while I admit the power of Congress to pass this bill-the previous pledge of which has been imposed upon the two per cent. fund of Indiana, when the appropriation was made in 1819, to complete the Cumberland road to Wheeling, was as much a pledge upon that fund, for making a road to any or all the states bordering upon the shores of the Ohio and Mississippi rivers, as it was a pledge to redeem an appropriation made for the construction of a road leading to Indiana. He regretted

[H. of R.

that the construction of those compacts had not been more generally examined than he supposed they had, and he could not view the effects produced or to be produced by constructions which had been given to them, as tending to any other result, than a violation of the contract on the part of the United States with the state of Indiana.

Mr. BUCHANAN, said, that, since the adjournment of the House last evening, he had turned his attention to the compact between the United States and the state of Ohio, and he believed if the committee would indulge him for a few minutes, he could clearly explain its character.

By the terms of the original compact of 1802, five per cent. of the nett proceeds of the lands within the state of Ohio, were to be applied "to the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the Ohio, to the said State, and through the same; such roads to be laid out under the authority of Congress, with the consent of the several states through which the road shall pass." It is clear, then, that the compact gave to the United States exclusive authority over the application of the whole of this fund. The objects upon which they were bound to expend it, were of a two fold nature. The first, roads leading from the Atlantic waters to the State of Ohio; and the second, roads leading through that State.

The people of Ohio believed, that the portion of this fund which was destined to the construction of roads within their state, could be more judiciously and economically expended under the authority of their own Legislature, than by the General Government. In this opinion, they were certainly correct. They, therefore, asked Congress to grant them this privilege, and in pursuance of their request, an act was passed on the 3d March, 1803, directing the Secretary of the Treas sury to pay to the state of Ohio three per cent. of the five per cent. fund, to be applied by their Legislature" to the laying out, opening and making roads, within the said state, and to no other purpose whatever."

Thus it will be perceived, that the five per cent. fund, which had originally been placed under the exclusive control of the General Government, was separated into two parts. The two per cent. of it was retained by Congress, to be applied to the construction of roads between the Atlantic waters and the state of Ohio; and the remaining three per cent. was given to the state of Ohio, at its own request, to be expended in making roads through that state. It is, therefore, manifest, that, since 1803, the United States have never been bound by the compact, to make any roads within the state of Ohio. That obligation passed from them to the Legislature of the state, and three-fifths of the whole fund was granted to them, to enable them to fulfil it. Out of this fund the state of Ohio, previous to the 24th January last, had received the sum of $287,543 94. With what degree of force then, or even plausibility it could be contended by gentlemen, that Congress are bound by the compact to make this road within the state of Ohio, Mr. B. said, he would cheerfully leave for the committee to determine.

Mr. B. said that the next subject of inquiry to which he wished to direct the attention of the committee, was, the manner in which the United States had executed the portion of the trust which remained to them. Have they faithfully applied the whole of the two per cent. which they retained, to the construction of roads between the waters of the Atlantic and the state of Ohio? The amount of it which had resulted from the sale of lands in that state, prior to the report from the Treasury during the last session, was $187,786 31, and from Indiana, Illinois, Missouri, Mississippi, and Alabama, $71,623 11. The aggregate is $259,409 42.

But the gentleman from Pennsylvania insists that Congress, by what it has advanced on the Cumberland road, has fully complied, and more than complied with its contract with Ohio. But, sir, I ask, was that road made for Ohio alone? Has not the very state which that gentleman represents, with so much benefit to it, and so much credit to himself, has not Pennsylvania enjoyed the same benefit from it as Ohio? I believe facts will prove that it has enjoyed greater. Nor Pennsylvania alone-Virginia, too, has received a kind blessing from the same source; so, in a degree, has Delaware also. In fact, sir, all the states of this Union have, to a certain extent, participated in the benefit; so that, as far as the argument of the gentleman is intended to shew that the General Government has fulfilled its contract to Ohio, it is of no force. I might indeed say, the Government has fulfilled its contract to itself and to the country. Pennsylvania, rich, populous, and flourishing, enjoys the advantage of, he believed, about three thousand miles of good roads. The gentleman, therefore, is able to appreciate their value. He hoped that State would follow the example of Ohio and of New York. And if we extended our view to future times, he was persuaded it would be found there was not so great a diversity of interests between that state and her neighbors, as some of her citizens seem inclined to suppose. He thought, upon the whole, that nothing could be urged conclusively against the present bill from the contracts of the General Government with the new states, nor from the advances on the Cumberland road, as if made for Ohio ex-alone.