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Senate.]

Indian Tribes.

(FEB. 22, 1825.

acres.

own safety. Now, this is too violent a supposition to be New Orleans was saved in the last war by the power of the foundation of any objection which wold require se the adjoining states, so Florida, and the seacoast of rious refutation. The contemplated removal and settle. Georgia and Alabamı, can be successfully defended ment of those Indians, therefore, will not endanger ei. against future invasion only by the timely augmentation ther their peace or our safety, while it promises to them of their physical power. it becomes, then, an object of an entire exemption from all the causes of deterioration, cardinal interest with the Federal Government, upon under which they now languish. That the civilization whom devolves the high duty of national defence, that and moral improvement of these people, must be the everv portion of these states should be filled up with an necessary consequence of their remova: and settlement effective population ; and blind, indeed, is that policy, as this bill contemplates, I am not prepared to say. But which would continue to appropriate so many millions I do say, Mr President, unless they are removed from of acres of land, thus situated, to the unproductive uses their present situation, and that very shortly, too, there of Indian occupancy, regardless alike of the wealth of will be but few to require this experiment at your the nation, and of her means of defence! But, sir, inde hands-an experiment which, although it may fail, i be- pendent of the general policy wbich so strongly recomlieve to be more full of hope and promise, concerning nends this measure, its tendency to fulfil the just esthe future prospects of this unfortunate race, than any pectations of Georgia, in reference to the cession of which has been heretofore attempted.

1802, should ensure to it the most favorable reception. Thus much I have felt it my duty to say, in reference Twenty-three years have nearly elapsed, since the Union to the deep interest I believe the Indians have in the contracted, for a valuable consideration, to extinguish, proposed measures. But, I have said these measures for the use of Georgia, the Indian title to all the lands would also increase the wealth and power of the Union. within her limits. Knowing the influence and power of The removal of the Indians beyond the limits of the the Federal Government, Georgia could not hive antistates, would leave us in possession of all the lands they cipated the delays which have occurred. nor forróseen the now occupy ; and these, from their situation and exteni, obstacles which they would have interposed to the ac. must be very valuable. Almost all the Indian reserva complishment of her expectations. And, altho:igla fully tions have been of the best lands; and surrounded, as sensible of the pernicious effects of this procrastination, they are at this time, by a white population, and improv- in the abridgment of her wealth and power, such das ed by roads, and other facilities of intercourse with the been her attachment to the Union, and respect for its adjacent country, they would command comparatively Government, that she has hitherto repressed the full ex. a high price. But these lands form an aggregate of no pression of disappointment, in the hope that every new less than seventy-seven millions five hundred thousand appeal to the justice of the United Siates would result

Now deduct nine millions five hundred th 'usand in the performance of their stipulations. Formerly, her acres, as lands belonging to Georgia, when the Indian claims were postponed for the convenience of the Natitle shall have been extinguished; and one hundred and tional Treasury ; and, latterly, by representations of the forty-four thousand in possession of the Cahawba Indians, difficulties of compliance. But now, sir, a plan is oilerbut which, if surrendered, would belong to South Caro ed for your acceptance, free from all these embarrasslina, and you will have sixty-seven million eight hundred ments. It is proposed to exchange lands beso d the and fifty-six thousand acres subject to the disposition of Mississippi for thos. trac's held by Indians within the the United States! Suppose this immense tract sold at states. Should this plan succeed, it will enable the only two dollars per acre, a fund would be created of United States not only to discharge their obligations to one hundred and thirty-five millions seven hundred and Georgia, " peaceably, and on reasonable terms,” but to twelve thousand dollars! Which, after reimbursing the confer a lasting benefit on the Indians thus removed, by Treasury for all expenses incurred in carrying into effect giving them a permanent home, for their present precarithe provisions of this bill, would not on'y be adequate ous possessions. In his messige on this subject, the Preto the extinction of the national debt, but leave an in- sident informs Congress, that a treaty with the Creek mense amount at the future dis,Josal of the Government. Indians is now negotiating, and," with a reasonable

But, sir, the wealth and power of the Union will be prospect of success Although no serious difficulties still more advanced by the greater compactness of the may now present themselves to the acquisition of these population, and the increased cultivation of the soil of lan:Is, yet, every day's delay is calculated to augment the states, which would be ensured under the operation such as do exist. The attainment of property by a few of the system. If the wealth of a nation depends upon individuals of mixed blood, (some of whom own co on the quantity of its surplus productions, whatever has a plantations, worked by African slaves,) has given to a te idency to increase these productions, muist operate f. small minority a controlling influence in the councils of vorably upon the resources of the community. By the the nation. These men become, annually, richer and plan proposed, an immense tract of land, now useless, more powerful, while the great body of the nation are would be brought into cultivation, some of which will impoverished and degraded. Without game to snbsist produce the most valuable staples, either for use or ex. on, and unskilled in the arts of civilized life, they are in portation. Within the states of Georgia, Alabama, Mis fact the men als of this aris'ocracy, who employ and supsissippi, and Tennessee, there are upwards of 33,000,000 port them; and who, fully sensible of all the advanof acres of valuable land, that would be redeemed and tages resulting to their avarice from the possession of brought into cultivation! Most of this soil would grow this power and influence, will not easily be persuaded cotton, and swell the valuable export of these states to to use either in support of a policy which, however it an astonishing amount. But, sir, what shall I say of the may be calculated to subserve the interests of the mass value of the population which this measure would ensure frhe red population, may ultimately deprive them of to these states? This Senate must be well aware that the station and emoluments they now enjoy. Most of it is not less the policy of the Federal Government than the difficulties which have been experienced in treating it is the interest of these states to afford every facility to with these Indians, have been occasioned by the influthe rapid increase of their efficient population. Situat ence and intrigues of men of this description, who, have ed at the most exposed point of the Union, as two of ing no interests in common with the nation, could not be these states are, with an entensive sea coast, incapable, expected to sympathise with them. The mass of the from the nature of its soil, of sustaining but a very sparse recl population have long been inclined to such a removpopulation, they must rely, for their defence, principal al and settlement as this bill proposes; and, should the iy, on the dense population of the interior. Florid., too, treaty with the Creeks succeed, the Indians will be rewith her immense maritime frontier, will look chiefly to moved, at their own request, beyond the Mississippi, and Georgia and Alabama for aid in time of war. And, as settled upon lands to be given them as a permanent pos

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FEB. 22,23, 1825.]

Massachusetts Claims.- Cumberland Rond.

[Sen. & H. of R.

currence.

session, in exchange for those they shall have surrender. did hope, most earnestly, that a proper bill would be at
ed. In fact, a disposition to such a removal and settle once reported. It was time, he thought high time, that
ment as this bill contemplates, is manifesting itself from justice should be done to the States concerned, some-
various quarters ; and many applications for this purpose where. And if a law were necessary, he hoped it would
have been already made to the War D.partment, by the pass without further delay, so far at least as to provide
more intelligent and reflecting among the Indians of dif- for paying what seemed admitted to be due.
ferrent tribes. Nay, sir, delegations from ten or twelve The motion to refer the message prevailed.
tribes have actually arrived in his city, within the two
last days, charged by the nations to whom they belong,

IN SENATE-WEDNESDAY, FEBRUARY 23, 1825.
with the expressions of their gratitude for the proposi.
tions contained in this bill, and of their readiness to com tion of the Indian tribes within the Uuited States, was

The engrossed bill for the preservation and civiliza. ply with its requirements. Nothing, then, is wanting to read a third time, passed, and sent to the House for the ac omplishment of this important object, but the sanc.

concurrence. tion of Congress. About 130,000 souls of this unfortun. ate race now await their destiny at your hands! Pass Equestrian Portrait of Washington, by Rembrandt Peale ;

The engrossed bill authorizing the purchase of the this bill, sir, and you elevate their character, and imparı

was read a third time. new hopes to their future prosp cts. Reject it, and you

On the question Shall this bill pass ? set your seal to their degradation. And, although their fate inay be delayed, I consider it as inevitable as the MACON, LANMAN, and NOBLE, opposing the appro,

Some discussion ensued; Messrs. KING, of Alabama, march of time. Every motive, therefore, of humanity, priation, which was supported by Messrs. MILLS and of policy, and of interest, urges you to the sunction of LOWRIE; it was finally decided in the affirmative by tis bill. In such a cause, and under such circumstances, Yeas and Nays, as follows : I ain not permiited to doubt the decision of the Senate. The bill was then ordered to be engrossed for a third Clayton, Eaton, Elliott, Findlay, Hayne, Holines, of Me.

YEAS.-Messrs. Barton, Barbour, Benton, Bouligny, reading. After the consideration of Executive business,

Holmes, of Miss. Jackson, Johnson, of Ken. Kelly, The Senate adjourned.

Lloyd, of Mass. Lowrie, Mills, Parrott, Ruggles, Sey. mour, Smith, Talbot, Van Buren-23.

NAYS.--Messrs. Branch, Brown, Chandler, Cobb,
HOUSE OF REPRESENTATIVES-SAME DAY, D'Wolf, Edwards, King, of Alab. King, of N. Y. Knight,
Mr. SHARPE moved to consider the bill to extend Lanman, Mcllvaine, McLean, Macoli, Noble, Palmer,

Taylor, Tazewell, Williams-18.
the right of deposite iu public stores, with certain privi.
leges, to other goods besides wines, teas, and distilled

So the bill passed and was sent to the House for conspirits. The motion prevailed.

CUMBERLAND ROAD. Mr. SHARPE went at great length into an exposition of his views in relation to the bill. He took a general The Senate took up, as in committee of the whole, view of the present state of American commerce, espe (Mr. BARBOUR in the chair,) the bill appropriating cially that connected with the port of New York, and 150,000 dollars for the extension of the Cumb rland argued, from various considerations, the expediency of Road from the Ohio to the Muskingum, at Zanesvillepassing the bill, which he considered as of the utmost the amount of the appropriation to be reimbursed to importance.

the Treasury out of the fund reserved for laying out Mr. WILLIAMS, of N. C. though professing himself and making roads under the direction of Congress, by in favor of the bill, was induced, in consequence of the the several acts passed for the admission of the states advanced state of the session, and the mass of business of Ohio, Indian, Illinois, and Missouri, into the Unionreported for immediate attention, to move to lay the bill Mr. BROWN, of Ohio, (Chairman of the Committee on the table. The motion prevailed.

on Roads and Canals,) said this was not at all a new MASSACHUSETTS CLAIMS.

subject to the Senate, but it was one of great interest,

not only to all the states West of the Ohio, but to some A message was received from the President of the of the Eastern states likewise. He therefore asked the United States, by Mr. Everett, (of which a copy appears favorable attention of the Senate to it. He would not in the proceedings of the Senate of this date.)

deny that the state he represented would be one of the Mr. CROWNINSHIELD moved that the message be first to feel the benefit of the appropriation, but it referred to the Military Committee.

would, he hoped, be admitted, that the state of Ohio Mr. WEBSIER said he did not rise to oppose the re- had some reason to ask this of the General Government, ference which his hon. colleague had proposed. He and it ought to be conceded to them. The L gislature did not know that that might not be a proper disposition of that state had, he said, passed lawe, during the last to be made of the communication. He was sorry-most session, for opening a navigable canal between the truly sorry, however, to be obliged to say that this waters of Lake Erie and the Ohio, which, when commeasure did not seem to advance the claim-even that pleted, could not fail of being of great service to the part of it which was admitted to be just-a single step United States, in peace and war, and would likewise nearer payment than it was before. He did think it enhance the property of the United States in that state, a little extraordinary, that it should be thought necessa- and in those further Westward. If, therefore, from such ry to apply to Congress at all, for the payment of that considerations, the United States would make a beginpart of the claim which seemed to be admitted to be free ning this year, for the extension of the road beyond the from any well founded objection. He, for one, could Ohio river, which now connects the valley of the Ohio not acknowledge himself satisfied with the course which with that of the Potomac, they would find their own in. had been adopted, or to so much of this claim as was terest in a liberal policy in this regard, which would be acknowledged to be just. Why, if just, has it not been of material service to the Western stales. paid, like other claims! As far as he was concerned, as Independent of political and commercial considera. a member from the state, he should only ask for justice. tions of ne small importance, and viewed simply in rela. He wished for riothing else, neither now nor hereafter. tion to its effect upon the Treasury, the propriety of He hoped the present motion was made, under an ex. extending the road might be safely advocated. Since it pectation that the committee would report a bill for the was no longer doubtful that facility of communication immediate payment of whatever was found justly due imparted value to property, be might, without extrava. He thought the state had a right to expect this; and if gance, presume that the Treasury would, at no very it could not be obtained, without the aid of a law, he i distant day, be amply repaid the appropriations whica

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Senate.]

Cumberland Road.

[FEB. 23, 1825.

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the liberality of Congress should cause to be advanced was, he believed nearly as 14 to 9 or 10. The two per for this object. If this were a matter in which the state cent. ought not to be charged to this account as excluof Ohio alone was concerned, this appropriation would sively affecting the Western country, but so far as it apo not, probably, have now been asked; but it would be plied to the object last mentioned, was to be apportionevident that, much as the present inhabitants of those ed in like ratio. states were interested in it, the United States were, as it should be remembered, too, that the people beyond proprietors, evidently more so, as respected the increas the mountains contribute to the revenue. ed value it would give to their property. The United He hoped, therefore, that granting this appropriation States possesser, in the three states Northwest of Ohio would not be considered as conferring an extraordinary and the state of Missouri, from fifty to seventy millions benefit on the Western states, at the cost of the East of acres of land, which would be much increased in ern; yet the Western states would be grateful for this value by the extension of this road—and if the United care of their interests. S'a es should receive no higher price for those lands Mr. COBB sid, that, although he would not pretend than they now receive, a desirable object would be ob- that he should be able to throw any new lights on the tained, in the more rapid sales; the facilities of purchas- great principles involved in the bill under consideration, ers would be increased, which would be a great in- yet he could not consent to its passage without some deducement to persons to settle in that country, and this gree of investigation, and therefore he solicited the atshould be well considered, if it was of much importance tention of the Senate for a few minutes. At the present that the public land should be speedily sold, as well as period, it could not be expected, that there are many that it should realize the price Congress had contem. persons who could contribute additional lights upon a lars--a small sum, he thought, compared with those the investigation of the ablest statesmen in the nation. espended in other places, but it was a sum that would Yet he looked to its final decision with very great anxieproduce a very sensible benefit to that part of the county: He thought the Senate would concur in believing try, and to which he hoped no objection would be made. with him, that those principles had not been entirely

Ti might, he said, be objected by some gentlemen, settled when they lovked to the history of this system of that the cost of the road, beretolore, as far as it had ex-internal improvements. There had been no instance tended, had been very great. Mr B. agreed to this within his recollection, when the claim for the power of It harl, indeed, been more epensive than it should have adopting it had been advanced, in which it was not de. been, but it was constructed in different times from the nied by some one of the departments of the govenment. present; it was constructed when the mode of conduct. At the very first session of the Congress of which he bad ing such operations was new. Hereafter it would be first the honor of being a member (which was at the constructed on better principles of economy, and the commencement of the present administration) tbe quesstate of the country was better fitted for it than it was tion was brought before the House of Representatives. at that time. The distance from Wheeling to Zanesville at that time a solemn vote was taken in that body, de. was, he said, the roughest part of the country over which claring that Congress had no power to construct roads the road was to pass till it should reach the Mississipp. and canals. This vote was predicated on the report of

Independent of the importance of this road, in increas. a committee appointed on so much of the President's ing the value of landed property, it would be important Message as related to the subject, and, in which mesin a political point of view. It would likewise facilitate sage, the power was expressly denied to Congress. How the progress of the mail; and many other important far the opinions of the Executive, since that period, had considerations had so far recommended this subject, undergone a change, in relation to the question, was as that it had been sanctioned by Congress, and by two well known to the Senate as to himself; he should not Presidents of the United States, the most scrupulous, stop to point out the change, if any, inasmuch as be ad. on the constitutionality of internal improvements by verted to the message, merely to shew that the question authority of Congress. In regard to the contract which had not been settled. He repeated, ibat he felt great bad been made with the Wastern states for constructing anxiety as to the result of the vote now about to be taken that road froni the Eastern states towards the Western in the Senate, inasmuch as he believed it involved the ones, he would merely observe, that the United States great question, whether this government was to drop had received a concession of much greater value-for all its federative characteristics, and was about to be five per cent. on the nett proceeds of the sales of come, as predicted by the great Virginia Prophet,* public lands for constructing roads, three per cent, to splendid national consolidated government, reared upon be laid out by the state, and two per cent. to be laid the ruins of the sovereignty of the people and the states? out under the direction of Congress, in constructing In using such expressions, Mr. C. said, he was aware roads leading to those states. He hoped the generosity that he was harping upon an old string, whose simple of the Senate would take into view this bargain, as a notes were extremely disagreeable to the ears of certain bargain not favorable to those states; but of which, having modern politicians. The subject had become unfash. agreed to it, they would not complain. It was, indeed, ionable. But, from the earliest period at which he had a hard bargain on their part. In the state of Ohio, assum. seriously thought upon political subjects, he had been ing the medium rate at which taxes had been levied- taught to reverence the principles he was attempting to and they had been as low as possible, for the people had advocate, and the Senate would therefore pardon the begun poor, without public funds or territory—they had terms he bad used, if there was any thing offensive in at least given up a million of dollars. It was easy to them. He had learned, from the state in which he was conceive how hard it bore on the settlers there, and born, (and of which you, sir, are a Representative )t that how much public improvement was retarded by the there is safety in sometimes recurring to fundamental effect of this compact,

principles. This was not all bestowed for the benefit of the in Much might be said, he thought, as to the expediency habitants of those states; the three per cent. laid out in of the measure under consideration. It might, with the state were laid out in improvements to increase the great propriety, be inquired, wliy Congress was called value of the United States' property, as well as that of on to extend the Cumberland Road at this time, even the inhabitants—for in 1806 or 7, the proportion of admitting they had the power? Why the Western land held by the United States, including Indian lands, States were now better entitled to have such a beneficial

* Taurick Henry.
* Mr. Barbour, of Virginia, was in the chair when Mr. C. delivered his remarks.

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Feb. 23, 1825.]

Cumberland Road.

[Senate.

boon extended to them, than the other States of the named, at the period of the adoption of the resolution, Union ? What was saint when the Cumberland Road was and for a long time thereafter. It is as follows: first undertaken? The sole object was to form a con- “ Resolved," That the several states, comprising the nection, by a permanent and durable road across the United States of America, are not united on the princi. Mountains, between the Atlantic Coast and the naviga ple of unlimited submission to their General Government; ble waters of the West. This was effected by construct. but that, by compact, under the style and title of a “Coning the road from Cumberland to Wheeling. At that stitution for the United States," and of amendments time, did any person dream that so soon, if at all. Con. thereto, they constitute a General Government for spegress was to be called on to extend it from Wheeling to cial purposes, delegating to that Government certain de. the Mississippi? For that, he understood, was the ob. finite powers, reserving, each state to itself, the residuary ject avowed by the advocates of the bill. If the West. mass of right to their own self-government--and that, ern States, generally, could have no claim to such a ben. whensoever the General Government assumes undeleeficial work, much less had the State of Ohio, consider- gated powers, its acts are unauthoritative, void, and of cd singly. The fund out of which it is said the expense no force. That, to this compact, each state acceded as of making the road is to be paid, so far as any portion a state, and is an integral party, its co-states forming, as of it was derivable from that state, had been long since to itself, the other party. That the Government, created expended. The reservation of the per centage on the by this compact, was not made the exclusive or final sales of the public lands for roads, in the State of Obio, judge of the extent of the powers delegated to itself, had been sunk in constructing the Cumberland Road, since that would have made its discretion, and not the to which it was, by law, applied. Nay, the expense of constitution, the measure of its powers. But that, as in all that road had greatly exceeded the reservation, by many other cases of compact among parties, having no common thousand dollars. He was sure the fact would not be judge, each party has an equal right to judge for itself, denied.

as well of infractions, as of the nieasure of redress.”+ As the question involved all the principles relating to In this resolution will be found the anatomy of the the powers of the Federal Government on the subject of Federal Government; the principles on which it was internal improvements, he would here lay down a pro- created ; and, if so, it will not be a difficult matter to deposition, which he thought almost self-evident. It had termine in what manner the parties to the constitution, been contended, that the United States were bound to those by whom the Federal Government was framed and construct this road, by compact made with several of the adopted, intended this instrument of creation should be Western States at the time of their admission into the construed and expounded. If the doctrines contained Union. Admitting that such a compact could be pro- in that resolution are true, then it is evident that the duced, and that it contained an express stipulation to compact, thus denominated the Federal Constitution, that effect, it would not, in his opinion, change the pro- was one entered into between sovereign states, wherein position. It is, that Congress have no powers, and can each relinquished a portion of its sovereignty; Common have none, but such as are derived from the constitution sense would teach us that such a compact should be so of the United States. It matters not with whom, whether strictly expounded, as to take from the grantors no more a state or an individual, the Federal Government may of their suvereignty than is absolutely necessary to effect have inade such a compact, it could add nothing to the the great objects of the compact. At this very point, powers of that government, unless contained in the con- then, (said Mr. (..) I start in establishing that strict rule, stitution itself"This was sufficiently evident from the by which I conceive the constitution should be ex. very first section of the first article of that instrument, pounded. If I should be so fortunate as to support this which declares that the L gislative powers “therein strict rule, by other circumstances, equally strong and granted” shall be vested, &c. Other parts of the instru: forcible, it may, with propriety, be contended, that the ment, especially some of the amendments, shew the truth power to construct roads and canals is no where to be of the proposition beyond doubt He would not now found in the constitution. Should I, however, fail in turn to the clauses, as they were, doubtless, familiar to showing this to be the true rule, and the liberal one, the memory of every member present.

more recently established, should be adopted in its almost every person who had expressed an opinion place, I shall not be able to deny that such power, or on the subject, so far as had come under his observation, any other not expressly prohibited, is conferred. admitted that this Government was one of limited pow. The rule for which I contend derives strong support ers- limited not alone by the prohibitions of power to be from many other circumstances, as before stated. It is found in the constitution, but by an absence or want of supported from the first section of the first article of a grant of power therein. It would seem that this was the constitution, which I have already noticed. It is true, as well from the parties by whom, as from the man- supported by the adoption of the amendments of the ner in which, the Federal Government was first con- constitution, all inserted for “greater caution." It is structed. It was, perhaps, unfortunate, that we do not supported by the manner in which amendments are di. more frequently recur to the circumstances under which rected to be made. When adopted by Congress, they the constitution was framed, when we are about to es- are to be ratified by that body, in each state, which retablish the principles from which is to be derived the presents its sovereignty; or the same representatives of true rule for the construction of an instrument of such sovereignty may request a call of a convention for provast importance.

posing amendments. It is supportedl, also, by the de. By what parties, and for what object the instrument clarations and commentaries of the early expositors of was formed, would better appear from a document which the instruments. I venture to throw the guantlet, and he was about to read, than from any thing he could say-defy any one to point to any contemporaneous exposiIt was one of the celebrated resolutions of the Kentucky tor, of approved reputation, who has decided in favor of Legislature, containing, as was at one time said, the those broad and liberal principles of construction confoundation of Republican principles. He used the word tended for by the advocates of the bill. Republican as a party designation, inasmuch as he now Finally, I refer to the ratifications of the constitution had allusion to the principles professed by the party so ' by the several state conventions, as furnishing unanswer.

These resolutions are said to be, and no doubt are, the production of Mr. Jefferson, and contain his opinion on the subjects embraced in them.

+ Resolutions of a similar character were about the same period (1798) adopted by the Legislature of Virginia, in support of which "Madison's report" was founded, at the session thereafter. Ai a later period, the Legislatures of Pennsylvania and Ohio adopted resolutions containing like principles.

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Senate.]

Cumberland Road,

[FEB. 23, 1825.

able evidence in favor of a strict construction. Inasmuch Having said thus much concerning the nature of the as these instruments have been so recently published, Federal Government, the limitations of its powers, the that the public mind may not be very familiar with them, rule by which the Constitution should be expounded, I (although the members of the two Houses of Congress proceed to the inquiry, From what clause in that instrumay br,) I hope I shall be pardoned før turning to small ment can the power to construct roads and canals be de. parts of several of them.

rived? I admit there is no clause prohibiting the exerIn the ratification of the constitution of the Common- cise of such a power-but it is equally plain that there wealth of Massachusetts, I find the following declaration: is no clause containing an express grant of the right, as

“That it be explicitly declared, that all powers not a distinct and independent power. May we not go some. expressly delegated by ihe aforesaid constitution, (of the what further, and say, that, in addition to the fact of no United States,) are reserved to the several States, to be such express grant of power being found in the Constiby them exercised.”

tution, there is a strong presumption that such a grant What inference is to be drawn from this declaration, was intended to be denied to the General Government? thus made by the Representatives of the people of Mas- This presumption is established from the Journal of the sachusetts, selected for the express purpose of consider. Convention, as I will read : On the 14th Sept. (Journal ing on the propriety of adopting the constitution, but of Convention, p. 376,) it was proposed to add to the that, by ratifying the instrument, they intended to yield enumeration of powers contained in the 8th sec, 1st. art. only such powers as were expressly granted? In other the following: "To grant letters of incorporation for words, that none of their reserved powers should be canals,"* &c. It was rejected, three states only voting taken from them by construction of doubtful terms and for it, viz: Pennsylvania, Virginia, and Georgia. There phrases?

is a slight difference in words, between the amendınent The State of South Carolina, in like manner, declared, thus rejected, and the bill under consideration. Tbe in her ratification, " that no section or paragraph of aniendment proposed to invest Congress with power to said constitution, warrants a conclusion that the States "grant letters of incorporation for canals," &c. The do not retain every power not expressly relinquished by bill presupposes that Congress possesses the power to them and vested in the General Government of the construct roads and canals. Bui every one will at once Union.” The language of this declaration is more ex. see, that there is no difference in principle. For if the plicit than that of Massachusetts, and leaves no doubt as power to grant letters of incorporation for canals, &c. to the rule by which that State intended the constitu- had been conferred on Congress, it would have carried tion should be interpreted.

with it a grunt of power to Congress itself, to construct The ratification, by the State of New Hampshire, con. them, inasmuch as the letters of incorporation could tains a similar declaration, that all powers not expressly confer only such powers as vested in the person or body and particularly delegated by the aforesaid constitution, politic by whom they were to be granted. What, then, are reserved, &c."

is the presumption to be drawn from the refusal by the The terms used in the ratification, by the New York Convention to conter this power! It can be only one of Convention, are quite as explicit-" That every power, two: Ist, That the Convention intended to deny the jurisdiction, and right, which is not, by said constitution, power to Congress, and if so, the question as to our clearly delegated to the Congress of the United States, power to pass the bill under consideration is settled : we &c. remains to the people of the several States, or to can have no such power. 2d, The other presumption is, their respective State Governments, &c."

that the Convention retused to adopt the amendment, The ratification by the State of Rhode Island declares, because they believed the power was conterred in some that "every power, jurisdiction, and right, which is not, other clause or grant. If this last presumption were by the said constitution, clearly delegated to the Con- correct, we should have had some evidence, somewhere, gress of the United States, &c. remain to the people of of its truth. We should have had some hint, either the several States," &c.

from the early expositors of the Constitution, or from In the ratifications of Virginia and North Carolina, an the declarations ot some member of the Convention, that amendment was proposed, embracing the same princi such was the opinion entertained by that budy. Consult ple, with a slight modification. It is, that "each State the Letters of Publius, published under the utle of the in this Union, respectively, retain every power, jurisdic. Federalist—that work was principally written by two tion, and right, which is not, by this constitution, dele distinguished members of the convention, one of whomt gated" (the adverb “clearly" being left out) to the Con- was at his post when the vote was taken on the amendgress,"

Does that work any where insinuate that such There were seven States, (being a majority of those power was ves ed expressly or impliedly, in Congress, who adopted the constitution,) who inserted the decla. by the Constitution ? Nay, has not the distinguished rations I have quoted. I have read them to show, under individual alluded to, when subsequently President of what impressions the people of the several Stales, repre- the United States, in a solemn message to Congress, sented in their several state conventions for the express denied that any such power was conferred by the Conobject, received and ratified that instrument as the su stitution? Surely it would not have been unknown to preme law of the land, and to show, that the delegation hin, if the Convention bad ever intended to delegate of power was to be "clear, express, or particular," or at the power. Consult, also, the work recently published least beyond doubt, before it could be exercised; con by Mr. Yates, another member of the Convention, and sequently, that the grant was to be strictly construed. nothing will be found favorable to the presumption. At From all these circumstances, it appears to me that this the present moment, we have in this very body a distinrule of construction is so clearly deducible, as that an guished member of that Convention. # He was present, exercise of power upon any other, would be little else and voted on the amendment I have read from the Jourthan a fraud upon the people, and a usurpation of their nal. Doubtless he will be able to inform us whether rights! The use of such language is justifiable only the rejection of the amendment proceeded from a belief upon the principle that I have proved that such, and in the Convention that the power was conferred in some such only, is the true rule of construction.

other clause of the Constitution. This second pre

" &c.

ment.

* Other motions of similar import were else where proposed, but none of them adopted.
+ Mr. Madison.
I llon. Rufus King, of New York.

$ In this part of his remarks, Mr. C. addressed himself to Mus K. who, shaking his head, is understood to have said, " Such a thing was not thought of." Mr, K. voled against the bill.

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