"

[FEB. 23, 1825.

and, where the measure has been adopted, in my opi-"taken for public use without just compensation," as nion, they have acted without constitutional authority, declared in one of the amendments of the constitution. I now beg leave to suppose a case or two in regard to This is true; but, so far from prohibiting, the clause perthe powers of Congress. mits the exercise of the power, if Congress will pay for Has it authority "to make any thing but gold and sil-it. Congress will be the judge of what shall constitute ver a tender in payment of debts?" This, as a distinct "Just compensation," and, when they are to determine, and independent power, is also prohibited to the states, after exercising the power, we may easily foretell what but, as such, is not conferred on Congress. A recur it will be. It certainly would not exceed, for each slave, rence to those circumstances of the Revolutionary War the value of the double bounty, (three hundred and which, no doubt, caused the subject of tender to be men- twenty acres) of land promised to the soldiers enlisted tioned in the constitution, will support the opinion that just before the termination of the late war; but whether the power of making any thing else than "gold and sil-Congress made "just compensation" or not, the evil ver a tender in payment of debts," was intended to be most to be dreaded in the Southern states, (and that is denied, by the convention, to both the states and the the instruction of the slave in the art of war, and placing Federal Government; to the states by positive prohibi- him in a situation to avail himself of his knowledge,) tion, and to the Federal Government, by withholding would not be avoided. the grant. Such was the opinion of some of the early expositors of the constitution. Yet, under the liberal principles of construction necessary to support a Bank, internal improvements, a restriction on the states, a sedition law, &c. Congress could exercise such a power. We have only to suppose a state of war, and a consequent disappearance of gold and silver; that "bills of credit," under the name of Treasury Notes, are issued. To make them a tender, is "not prohibited." These Treasury Notes depreciate, and something must be done to maintain their credit, or else their usefulness is destroyed. One of the most obvious "means" (and one which was resorted to during the Revolution) is, to make them a "tender"-Congress being the sole judge of what are 60 necessary and proper" means, determines that it will be "highly conducive," "needful," "useful," and "appropriate to the end" of preserving their credit, in order to make them available in "maintaining" armies and navies, that they should be received as a " tender in payment of debts." Can the conclusion that Congress has power to make them so, be avoided? On a different rule of construction, no such conclusion could be drawn.

It may be said, that the several cases which I have supposed, are all of them extreme cases, from which it will not do to reason. Sir, they are not now more extreme than were the cases of many of the laws which I have mentioned, just anterior to their passage. At the adoption of the constitution, the Bank law itself was an extreme case, inasmuch as it appears, from the Journal of the convention, that a power to "grant letters of incorporation" was refused. The sedition law, and the restriction on Missouri, might, with equal propriety, have been called extreme cases. The measure of making roads, now under consideration, would have been called an extreme case. The bitterest opponents of the constitution never thought this reserved power of the states would be infringed. Even, Mr. Henry, whose imagination was filled with apprehensions concerning the exercise of constructive powers, seems to have had no fears that the power of "making roads," would be assumed by the Federal Government. (See his speeches in the Virginia convention.)

Sir, I will observe, in conclusion, that we should pause before making the final determination to adopt this measure. Is it not at least doubtful, whether Congress possesses the power? and, if doubtful, let us look well to the consequences before we act.

A similar course of reasoning would also confer on Congress a power to pass laws " impairing the obligations of contracts." This, too, as an independent power, When I see the spirit which is manifested in many is expressly prohibited to the states, and is not expressly parts of the Union, on some of the topics to which I given to Congress. If possessed by the latter, it must have adverted, my fears are excited. If Congress wish be exercised as an incidental power. There are many to exercise the power of constructing roads and canals, of the enumerated powers, to which, under circum- and the people are willing that they should, (as has been stances of war, similar to those just stated, and under si- contended) is it not better to apply for a delegation of milar principles of construction, it could be made auxi-power, than, in a doubtful case, to establish a principle liary, or highly" appropriate" as means.

I will now suppose a case that comes home to myself and my constituents: suppose war declared, and the country invaded.

which may draw after it such important consequences? The constitution has provided the means by which the authority can be obtained, in the shape of an amendIt is necessery to repel the enemy atment, and the people will not be unwilling to confer it, many points-money is scarce--and the difficulty of en- if there is no danger in it. listing an army, great. In the Southern states are many Mr. RUGGLES, of Ohio, followed Mr. CоBB. He hardy, able bodied men who are slaves, We know from said the object of the bill before the Senate, was to ap observation, and the experience of other nations, that propriate one hundred and fifty thousand dollars for the such may be made useful and efficient soldiers in an ar- continuation of the Cumberland Road from Wheeling my could Congress make a law, saying, that every able in Virginia, to Zanesville, on the Muskingum river. At bodied slave who would enlist into the service of the some future time, said Mr. R. when the resources of the United States should, at the end of five years, in addi- country will justify it, there can be no doubt, but Contion to his pay, be entitled to his freedom? Have they gress will make appropriations to continue the same not just as much authority, under this liberal rule of in-road to the Mississippi river, at some point near to, or terpretation, to enact such a law, as necessary and opposite St. Louis. There is no subject of Internal Improper" to "raising armies," as they had to pass the provement, that presents as strong claims upon the conlaws which I have enumerated, or supposed? The pow-sideration of Congress as this. It is one to which the er "to raise armies" is granted "without restriction or qualification." Congress may, in its "discretion," (according to the doctrine of the Supreme Court,) select any "means" which are "appropriate," "needful," "useful," or "conducive to an end," if not forbidden; and as 66 means" conducive to," and "highly appropriate" to "raising armies," in their discretion they may authorize the enlistment of slaves. The right to do this is not expressly prohibited to Congress. It may be said that "private property" (and such are slaves) cannot be

6.

attention of the government has been long and ardently directed. This great work was commenced in 1806, at Cumberland, in Maryland, and has received the patronage and support of three successive administrations, and is now admitted, by all sound politicians, who look to the future prosperity and perpetuity of this Union, as an ob Ject of the first consequence. In discussing this subject, Mr. R. said, we ought to discard all local and personal considerations, and treat of it solely in a national point of view. If mere local and personal considerations are

to govern the deliberations of Congress, the great and The contract with the state of hio S permanent interests of the nation would be disregarded, fulfilled; the road has been made to the boundary of the most valuable improvements remain untouched, and that state; the two per cent. that has arisen, and will the great principles of legislation settle down into selfish-hereafter arise, has all been expended. Ohio, therefore, ness, and a contest for sectional bencfits. Higher and has no further claim upon Congress for any portion of nobler views ought to govern this Senate. the two per cent. which may be produced by the future sales of lands in that state.

Senate.]

Cumberland Road.

offer as great advantages for the establishment of an ar-
mory as this.
The town of Dayton, on the western bor-
ders of the state, also lies in the line of the contemplated
road. Nature has also been liberal in bestowing upon
its inhabitants the means of wealth, which will contribute
to its future greatness and prosperity. There are several
other towns and villages, through which the road will
pass, whose interests will be promoted by the completion
of the work. In short, the whole country will feel its
beneficial effects.

[FEB. 23, 1825.

any other man in this nation, Mr. Shriver thus estimates the expense of making the road. The whole distance is 500 miles. The first section, from Wheeling to Zanesville, is about 80 miles. The expense for making it, including bridges, and necessary side walls, is estimated at $450,000, which is a little more than $5,500 per mile. The road to be made similar, in all respects, to that on this side of the Ohio river. It is to be remarked, that this section will be the most difficult and expensive, as the road passes through a very uneven country, the ra There is one consideration more which ought not to vines being deep, and the hills bold and abrupt. The be passed over without notice. The legislature of Ohio, second section, from Zanesville to Dayton, a distance of at their present session, have passed a law authorizing a about miles, is estimated to cost $550,000. The eastcanal to be constructed from Lake Erie to the Ohio Ri-ern part of this section, and more than one half of it, can ver, and have provided means for its completion. This be made of broken stone, like the former, and the recanal will intersect the road near the centre of the state. mainder, or western part of this section, must be made The execution of two such great works of utility, will of gravel, of which there is a great abundance, and of an confer immortal honor upon the state and nation, and excellent quality. This section of the road can be made give to posterity an exalted opinion of the enterprise much cheaper than the first, owing to its passing over a and patriotism of the present generation. more level and even surface, and requiring less expense for bridges. The third section of the road, from Dayton to the Mississippi river, a distance of 220 miles; the expense of making it cannot be estimated as accurately as the two former sections. When this part of the road was surveyed by the commissioners, there was considerable snow on the ground, which prevented them from examining it as particularly as they could have wished, and ascertaining the quantity and kind of materials with which to make it. Mr. Shriver, however, states, that this section of the road can be made without paving it, and without stone bridges, for $2000 per mile, which will cost, from Dayton to Mississippi river, $640,000. It is, however, believed that, when this section of the road becomes more settled and better known, that stone or gravel will be found in sufficient quantities to make the road, the whole distance, of a permanent and solid character. From the foregoing statements and remarks, it will appear that the whole expense of making the road from Wheeling to the Mississippi river, will amount to $1,640,000. From the statement before exhibited, from the Commissioner of the Land Office, the two per cent. arising from the sales of land in the states of Indiana, Illinois, and Missouri, and applicable to this object, amounted to $2,162,176, leaving a balance of $522,176, in favor of the two per cent. fund. Mr. R. said, the flattering result to which he had arrived, was no visionary dream, no fanciful speculation-it is produced by the facts exhibited by the Commissioner of the Land Office, and by the estimates and calculations of another of your officers, who has been many years in your employment, an of great experience and accuracy. There can be but little doubt that time will test their perfect correctness. From so interesting and gratifying a view of this subject, can it be considered as asking too much of this Senate to pass the bill under consideration? It has passed the House of Representatives by a large majorityshall its progress be arrested here, the great object be defeated, and the hopes and wishes of millions of your fellow-citizens in the West, who are anxiously watching your deliberations on this subject, be disappointed and blasted? It is to be hoped that such will not be the result. The case presented is of the strongest characterone not only founded upon solemn contracts, but upon the great principles of justice, mingling in itself political considerations for the permanent union of these States, of the highest importance. Let, then, this great work go on and be completed; unite the East and the West by the strongest possible ties; let their citizens be no longer strangers, or be considered as having distinct and separate interests. Complete this road; the difficulties of personal and commercial intercourse will be broken down; distance will be annihilated; and the shores of the Mississippi will be brought within the neighborhood of your capital.

Mr. R. said, he would now attempt to show to the Senate, and he believed he could do it satisfactorily from substantial evidence, that no more money would be required to make the road from Wheeling to St. Louis, than will arise from the two per cent, fund, when the public lands shall all have been sold in the states of Indiana, Illinois, and Missouri. If this be a fact, will it be asking too much of Congress to anticipate that fund by moderate and reasonable appropriations from year to year, when the finances of the country will admit of it? There is now money in the Treasury which can be safely applied to this purpose, and which, if it is not, will be entirely useless to the nation. Mr. R. said he had received from the Commissioner of the Land Office, an estimate of the whole quantity of unsold land in the states of Indiana, Illinois, and Missouri, and an estimate of the two per cent. that will arise from the sales of those lands. These calculations are founded upon the supposition that the lands will be sold at one dollar and twenty-five cents per acre, the minimum price. They can never be sold for less, and it is very probable that a considerable proportion of them will sell for more than that sum. The Commissioner of the General Land Office states, in the document which has been furnished from that office, that the total quantity of land in the state of Indiana, including unceded land from the Indians, is 20,397,826 acres, which, at the price of $1 25 per acre, will amount to $25.497,282, and two per cent. on that sum will make $509,945. In the state of Illinois, there is, of unsold land, 29,847.940 acres, which, at $1 25 per acre, will amount to $37,309,925, and two per cent. on that sum will make $746,198. In Missouri, there is, of unsold land, 36,241,352 acres, which, at $1 25 per acre, will amount to $45,301,690, and two per cent. on that sum will make $906,033. The aggregate amount of acres, therefore, in the three states, remaining to be sold, is 86,487,118, which, at the price of $1 25 per acre, will amount to $108,108,807, and two per cent. on that sum will make $2,162,176. This last sum belongs to the three states above mentioned, by solemn contract, and is applicable to the making of a road leading to and through them to the Mississippi river. This sum, it will be seen by the following estimates and calculations, will be sufficient to complete the road the whole distance.

Mr. R. said he would now submit an estimate to the Senate, of the expense of making this road from Wheeling to the Mississippi river. This estimate is furnished by Mr. Shriver who was one of the commissioners appointed in 1820, to survey and locate it, and is well acquainted with the whole ground over which it passes, The utmost reliance may be placed upon this statement, from the fact of his having been employed by the Government for superintending the making of the Cumberland Road, from its first commencement, until it was completed to the Ohio river; having, therefore, acquired as much practical information upon this subject, as

The object of making this road is not similar to that of the Roman Emperor, who made the Appian way, to

fa ilitate the march of his armies to keep in subjection his conquered provinces at the point of the bayonet-but to accelerate the march of intelligence, to wield the moral force of the nation, and bind in one harmonious union, the feelings and affections of this great people.

[Senate.

of the Union; and build permanent and solid roads to aid the increasing and commercial intercourse of the cour.try. What has been done to promote the prosperity of the Fast? Almost the whole of the revenue is spent in that quarter. Out of fifteen millions of dollars scattered anThe commercial and political advantages that the na-nually among the people, not one million is distributed tion, and particularly the Western country, has derived in the West. Look at your expensive and magnificent from the construction of the Cumberland rad, have been fortifications, erected on the whole Atlantic coast, for the immense. In order to form some correct idea upon this protection of your cities and the security of your people. subject, Mr. R. said he would submit the following cal. Vast sums are annually expended in building sea-walls, culations, selected from a valuable work, published the improving harbors, and in placing buoys and beacons last year by Mr. James Shriver, on the Ohio and Chesa- for the benefit of commerce. Light-houses are erected peake Canal; these calculations are furnished by a re- and supported, at great expense, to guide the seamen spectable mercantile house in Wheeling, for the year among the shoals and rocks, and ensure their safety from 1822. During that year this house had consigned to it one part to another. Congress are appropriating annu1081 wagons, loaden with merchandise, averaging about ally three or four millions of dollars for increasing, re3500 pounds each, the carriage of which amounted to pairing, and supporting the Navy, to protect our com$90,000. There are, besides this house, five other com- merce and navigation upon the ocean in every part of mission stores in Wheeling; estimating that each of these the world. To all these expenditures, so far as they received two-thirds of the quantity of goods consigned were necessary, Mr. R. said he did not object; they are to the other, it shews that 4681 wagons of merchandise directly for the benefit of our Atlantic brethren, and inwere received at that town during the year mentioned. directly for the benefit of the whole nation; for whatThis number, at the rate of $90,000 for 1081 loads, gives ever advances the wealth and prosperity of any particufor the cost of transporting merchandise from Baltimore lar portion of the Union, is more or less advancing the to Wheeling, the sum of $390,000 during one year. Be-interest of the whole. If so great a portion of the resides this, it is estimated that every tenth wagon at least venue is annually appropriated to facilitate and protect passes through that town to the West without unloading our commerce with foreign nations, is it any thing more at all, which would considerably increase the estimate.- than naked justice to ask for small appropriations to faThese wagons generally take in return loads of the pro- cilitate and open a commerce with the interior of our duce of the country, such as flour, whiskey, hemp, to- Union? To aid the citizens of the West to bring the bacco, and various other articles which are carried to the fruits of their labor and the produce of their farms to the Atlantic cities for consumption and exportation. It is sea board? Is the water's edge to be the dividing line admitted on all hands, that the making of the Cumber- between protection and neglect? Such discriminations land road has reduced the price of carriage more than are odious and unjust; a wise and liberal policy ought to one half, by which a clear saving is made to the people be pursued, such as will distribute equal benefits to all. of the East and the West, of at least $300,000 a year, which, in six years, will amount to the price of making the road. This result, so auspicuous to the interests of the people, and the internal trade of the country, is a source of just pride and exultation, and cannot but convince the most sceptical of the great utility of such national works.

Mr. R. said, he would not disguise the solicitude he felt for the passage of this bill; his constituents had a deep and lasting interest at stake; he should be unwilling to meet them on his return home, and tell them the sad story of defeat. It has been clearly shown, that the two per cent. fund will be abundantly adequate to make the road to the Mississippi river, and this the Western states are fairly entitled to by solemn contract. All that is now asked, is a moderate anticipation of that fund, which will be all repaid in the course of a few years. Let the bill then be passed, and the road made, and give to the East and the West, the present and all after generations, the benefit of this great work.

There is another point of view equally interesting, ir which this subject may be considered. Before the road was completed, the mail was seven days in travelling to the Ohio river; it now passes the same distance in three | days. The rapid diffusion of intelligence is the very soul of liberty, and the life of a republic; close these avenues, and the extremities wither, waste, and perish. Extend Mr. LLOYD, of Massachusetts, said, as frequent alluthis road to the Mississippi, as contemplated by the bill, sion had been made in the debate to the grant for the and your laws will be read on the banks of that mighty preservation of certain islands in Boston harbor, the obstream within eight days from their passage. Your deject of which seemed not to be distinctly stated, alliberations will be sought after with increasing interest, though he was too much indisposed to fight a battle and those feelings which bind us together as a nation, even once, willingly, yet, to fight it twice over, he would become more strong and permanent. Since what has again explain what that grant was for. It was for the happened within a very few years, in the multiplication preservation of an island, which was in mid-channel, and of our numbers, and the steady march of improvements, served as a barrier or shelter to a very excellent roadit will neither be considered romantic or visionary, to stead at the entrance of the harbor, for vessels of war of state, that this road will be continued at no very distant the United States, and the channel of which was filling day to the western border of your continent, connecting up by the wasting of the island, which formed also a the tide waters of the Atlantic with the distant shores of commanding situation for a fortification in time of war, the Pacific. to secure it for which purpose, with the head land opposite, were among the objects of the grant, and they were important; but it was the apparent good will with which the appropriation was agreed to, which was, at the time, and continued to him to be, the most grateful part of it.

The people of the West, nay of the whole interior, have a right to ask and expect a just participation in the expenditure of the public funds. They contribute in every shape and form, in common with their Atlantic brethren, to fill your Treasury. Let the national government, then, not consider us as a distinct and separate class of people from the members of this powerful confederacy. Give us some evidence, that you exist as a kind and parental government; erect some monument from the common funds of the nation, beneficial to our great interests and prosperity; improve the navigation of our magnificent streams; break down the mountains that interpose such formidable obstacles to the harmony

The question was then put on the indefinite postponement of the bill, and decided in the negative, as follows:

YEAS.-Messrs. Barbour, Bell, Branch, Chandler, Clayton, Cobb, Dickerson, Elliott, Hayne, Holmes, Me. Holmes, Miss. King, Alab. King, of N. Y. Knight, Macon, Mills, Tazewell, Van Buren, Williams-19.

NAYS.-Messrs. Barton, Benton, Bouligny, Brown, D'Wolf, Eaton, Edwards, Findlay, Jackson, Johnson, Ken, Johnston, Lou. Kelly, Lanman, Lloyd, Mass. Low

Virginia Militia Claims-Fortifications, etc.

rie, M'Ilvaine, M'Lean, Noble, Palmer, Parrott, Ruggles,propriation. This point was among the first designated Seymour, Smith, Talbot, Thomas-25. for fortifications, and a fort was erected, either during the administration of Mr. Jefferson, or at a period antecedent; he did not now recollect. Its importance is such as to claim this attention. Beaufort is a port having a good harbor, and affording an inlet of greater depth of water than any other in the state, with the exception of that of Cape Fear. The depth of water is understood to be eighteen feet. There is now an inland communication from Norfolk to that port, through the Sound, and when the canal connecting the waters of the Neuse and Newport rivers, which is now opening under the authority of the state, shall be completed, a new facility will be given to the inland navigation; and when the Delaware and Chesapeake Canal shall be cut, there will be an inland communication from the Delaware to Beaufort. This place was a rendezvous for the priva and goods were conveyed from that point to the North and the South. The occupation of this point by an enemy, in time of war, would be a great annoyance to our commerce. It would cut off the commercial communication of those parts of the Union. Its harbor would be advantageous to them.

Upon this bill a debate arose, in which Messrs. WOOD, SHARPE, P. P. BARBOUR, BARTLETT, WILLIAMS, of N. C. FORSYTH, NEALE, WEBSTER, ALEXANDER, ISACKS, and REYNOLDS, took part: when the previous question was required by Mr. WICK-teers during the war; there they brought their prizes, LIFFE, and was decided in the affirmative, by Yeas and Nays, 88 to 80.