H. OF R.] Indian Trade, and Civilization of Indians. Let them answer for themselves. The words [MAY, 1822 yard, though strewed with abundance, it leave the roost of its companions, and bounding aloft it perches on the top of some distant towering tree-on the branches of the proudest monarch of the forest within its reach. This is repeated again and again. Wandering from the side of the gentle brood, he strolls in pursuit of other objects, which, though he has never seen, he is by the irresistible force of nature led to believe do somewhere exist. With desire keen and strong, he seeks, and, if successful, he bids farewell, a long farewell, to all his old companions, and returns to them no more. And thus it is that whole broods have, from time to time, been brought into life and raised up on the farm, and have as invariably disappeared. Where are they now to be found? Though I will not indulge in the afflicting belief that such a destiny as this does really await our red brethren, yet I do most sincerely believe that such is the barrier which nature interposes between the two people, together with the powerful force of habit operating upon them, that all our attempts to civilize those Indians, who are dispersed and scattered in the wilderness, will be fruitless and unavailing. And, therefore, in plain and common language, I do most respectfully give it as my humble opinion that we had much better mind our own business; yes, we had much better mind our own business. And equally vain will be all our attempts to civilize those within the interior of our country and surrounded by our settlements, unless we first remove certain artificial obstacles which we must see, and perhaps can reThere are certain animals which, in their ex- move. I mean that we must radically change terior appearance, bear as strong a resemblance our present system of policy-the political relato each other as does the white man and the tions existing between them and us. We may Indian, and yet by nature they are wholly irre-educate them, instruct them in agricultural and concilable. Not to mention certain quadrupeds of this description, I will barely point to some of the feathered tribes. The wild duck, for instance-how soon it dives to hide from you. The partridge conceals itself while the shell is yet upon its head. But more especially the turkey. Do we not see what we very properly call the wild turkey often brought into life by, and raised with, those of the domestic breed, without having seen one of its own kind? And yet, we find that, as soon as it arrives at sufficient strength and maturity, scorning the barn The address of the Indian chiefs to the President during the present session of Congress, is well known to contain similar sentiments; they could not think of bruising their hands by labor. [The circumstances were these: Some Panis chiefs and warriors from beyond the Mississippi having come to Washington City this winter, (1821-2,) where the civilization of the Indians was all the vogue at the War Office, President Monroe was induced to have them assembled at the Presidential mansion, and to deliver them a speech in favor of quitting the hunter state, and betaking themselves to ploughing and hoeing for a comfortable living. When he had finished, a chief answered him briefly, and to the point, "that all that might do very well for the white people; but, as for himself, he would never bruise his hands digging in the ground, while he could find a buffalo to kill, or a horse to steal."] mechanic arts, furnish them with the implements of husbandry, and try to convert them to Christianity; and, after all, unless we secure to them the benefit and protection of our laws and municipal regulations, and, in this way, ingraft them, like so many twigs, upon the stalk, or upon the branches of the stalk of the republic, all our efforts will be without effect. If the States, respectively, in which the small tribes or remnant of tribes remain, will not consent to the removal of these artificial obstacles, and suffer our civilizing experiments to be fairly made, for one, I despair of success; and, abandoning all our projects as idle, and even visionary, I will not vote my country's treas about by such a power as this, what can they ure to any such purpose. Encompassed around do, while they remain, not independent communities, but dependent upon our will, and yet without the pale of our laws. Aliens in their own country, they can do nothing; they may recede, they cannot advance. If the Govern ment will give them, individually, a just and reasonable portion of their lands of their respective reservations, laid out in its proper metes and boundaries, and take them under the jurisdiction and control of the laws, grad. MAY, 1822.] Cumberland Road Repair Bill-President's Veto. ually extending to them such rights and privileges as shall be reasonable, perhaps something may be done. Otherwise, viewing all our projects as a mere mockery, I am prepared to give it over. [H. OF R. complete right of jurisdiction and sovereignty, for all the purposes of internal improvement, and not merely the right of applying money, under the power vested in Congress to make appropriations, under which power, with the consent of the States through which this In support of these views, Mr. M. said he road passes, the work was originally commenced, and would refer honorable members to the Inau- has been so far executed. I am of opinion that Congural Address of the President, on the 4th of gress do not possess this power; that the States, inlast March, and also, to the report of the hon-dividually, cannot grant it; for, although they may orable Secretary of War, during the present limits for such purposes, they can grant no power of assent to the appropriation of money within their session of Congress, as well as at the session of jurisdiction or sovereignty by special compacts with 1818. It is but right, said he, to give the In- the United States. This power can be granted only dians fair play. Encourage them to the ex-by an amendment to the constitution, and in the ertion of their own faculties, of their own ener-mode prescribed by it. gies; but do not impose heavy contributions If the power exist, it must be, either because it upon our white citizens, from which the In- has been specifically granted to the United States, dians are, in truth, to derive no profit, no ad- or that it is incidental to some power which has been vantage; but which goes to the special and ex-specifically granted. If we examine the specific clusive benefit of those who can, with the grants of power, we do not find it among them; nor greatest facility and convenience, obtain access is it incidental to any power which has been specifically granted. to your treasury. Mr. VANCE called for the previous question, It has never been contended that the power was which was sustained by the House; and the specifically granted. It is claimed only as being inprevious question being taken, was decided incidental to some one or more of the powers which are from which it is said to be derived: specifically granted. The following are the powers the affirmative. The main question on ordering the bill to be read a third time, thereby excluding the proposed amendments of Mr. METCALFE, was put and carried. Cumberland Road Repair Bill-President's Veto. A Message was received from the PRESIDENT OF THE UNITED STATES, by Mr. Gouverneur, his Secretary, who, by command of the President. returned to the House the enrolled bill passed by the two Houses, entitled "An act for the preservation and repair of the Cumberland Road," presented to the President for his approbation and signature on this day, to which bill the President, having made objections in writing, the same were also delivered in by the said Secretary at the Speaker's table; who thereupon withdrew. The said objections were read, and are as follows: To the House of Representatives of the United States: Having duly considered the bill, entitled "An act for the preservation and repair of the Cumberland Road," it is with deep regret, approving, as I do, the policy, that I am compelled to object to its passage, and to return the bill to the House of Representatives, in which it originated, under a conviction that Congress do not possess the power, under the constitution, to pass such a law. 1st. From the right to establish post offices and post roads. 2d. From the right to declare war. 3d. To regulate commerce. 4th. To pay the debts and provide for the common defence and general welfare. 5th. From the power to make all laws necessary and proper for carrying into execution all the powers vested by the constitution in the Government of the United States, or in any department or officer thereof. 6th, and lastly. From the power to dispose of, and make all needful rules and regulations respecting the territory and other property of the United States. According to my judgment, it cannot be derived from either of those powers, nor from all of them united, and in consequence it does not exist. The Having stated my objections to the bill, I should which they are founded, if I had time to reduce them now cheerfully communicate at large the reasons on to such form as to include them in this paper. advanced stage of the session renders that impossible. Having, at the commencement of my service in this high trust, considered it a duty to express the opinion, that the United States do not possess the power Congress, the propriety of recommending to the in question, and to suggest, for the consideration of States an amendment to the constitution, to vest the often drawn to the subject since, in consequence power in the United States, my attention has been whereof I have occasionally committed my sentiments to paper respecting it. The form which this exposition has assumed, is not such as I should have given it, had it been intended for Congress, nor is it A power to establish turnpikes, with gates and tolls, and to enforce the collection of tolls by penalties, implies a power to adopt and execute a complete system of internal improvement. A right to impose duties to be paid by all persons, passing a certain road, and on horses and carriages, as is done by this bill, involves the right to take the land from the proprietor, on a valuation, and to pass laws for the protection of the road from injuries; and, if it exist as to one road, it exists as to any other, and to as many roads as Congress may think proper to establish. A right to legislate for one of these pur- bill be laid on the table, which was carried this subject, being one which I deem of very high concluded. Nevertheless, as it contains my views on importance, and which, in many of its bearings, has now become peculiarly urgent, I will communicate it to Congress, if in my po wer, in the course of the day, or certainly on Monday next. WASHINGTON, May 4, 1822. JAMES MONROE. Mr. TAYLOR moved that the Message and the poses is a right to legislate for the others. It is aayes 82. H. OF R.] Cumberland Road Repair Bill-President's Veto. MONDAY, May 6. The House then went into a Committee of the Whole on the bill from the Senate to provide for the collection of duties on imports and tonnage in Florida, and for other purposes; a bill to authorize the building of light-houses therein mentioned, and for other purposes; and a bill further to establish the compensation of the collectors of the customs, and to alter certain collection districts, and for other purposes. Mr. CAMBRELENG moved to strike out of the 9th section the words "New York." Mr. C. remarked, that he considered any attempt to amend the bill hopeless; but he thought there were some very strong circumstances in favor of excepting the revenue officers of the port of New York from the general reduction now about to be made. No gentleman would accuse him (Mr. C.) of a disposition to oppose any bill tending judiciously and justly to retrench the expenses of Government. He regretted that this bill had been kept back so long as to preclude debate. He would only detain the House a few moments. The salaries of these officers were regulated in 1790, and they have never been augmented or diminished since; in 1802 they were limited as they now are; it would be recollected that this was during Mr. Jefferson's Administration. Mr. C. was not the eulogist of that or any other Administration, but he believed it had been properly deemed an economical Administration. By looking to the history of the revenue of the port of New York, it appeared that in 1790, the amount of the revenue collected was $470,000; at that time in the whole United States, the revenue collected was little more than three millions. The revenue collected at the port of New York last year, was $7,200,000, and he presumed that during the present year the revenue would be between nine and ten millions, or equal to the half of the whole revenue of the United States. He asked whether, under these circumstances, it was proper or just to reduce the salaries of these officers. There were no officers under the Government who more faithfully earned their salaries-there was no department of the Government, Treasury, War, Navy, or State, with all their auditors and clerks, which performed as much labor as was executed at the custom-house at New York. As we had a few days since virtually rejected the bill reducing our own compensation, he hoped the House would, for this session, at least, forbear to touch the salaries of officers whose labors and responsibility had been so much increased in thirty years. It was a mistaken policy to change the salaries of revenue offices. Mr. CHAMBERS again moved the previous question, which was sustained by the Houseyeas 67, nays 46. The question, "Shall the main question be now put?" was then taken by yeas and [MAY, 1822. nays, and decided in the affirmative-yeas 85, nays 51. The main question, "Shall the bill, with the amendments, be ordered for a third reading?" was then put, and it was carried in the affirmative. On motion of Mr. WALWORTH, a recess was ordered until 6 o'clock. EVENING SESSION. Cumberland Road Repair Bill—President's Veto. ders of the day were postponed for the purOn motion of Mr. TRIMBLE, the several orpose; and the House proceeded to the reconsideration of the bill, entitled "An act for the preservation and repair of the Cumberland Road," which was returned to this House by the Presi dent of the United States on the 4th instant, with the objections which appear upon the Journal of the 4th instant, and which said bill is in the words following, to wit: An Act for the preservation and repair of the Cum berland Road. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause to be erected, on the national road leading from Cumberland, in the State of Maryland, to the river Ohio, so many toll houses, gates, and turnpikes, as, in his opinion, will be necessary and sufficient to collect the duties and tolls hereinafter mentioned, from all persons travelling on the same, to be erected at such places as he may determine; Provided, That the number of such gates and turnpikes shall not exceed twelve, nor be less than six; and that such gates and turnpikes shall be erected at a distance not less than ten miles from each other. SEC. 2. And be it further enacted, That, as soon as the said gates and turnpikes shall be erected, the President of the United States is hereby authorized to appoint, or cause to be appointed, toll-gatherers, to demand and receive, for passing the said turnpikes, the tolls and rates hereinafter mentioned, who may stop any person riding, leading, or driving, any horses, cattle, hogs, sheep, sulky, chair, chaise, phaeton, cart, wagon, sleigh, sled, or other carriage of burden or pleasure, from passing through the said gates or turnpikes, until they shall respectively have paid the same, that is to say: For every space of twenty miles in length of the said road, the following sums of money, and so in proportion for any greater or lesser distance, to wit: For every score of sheep or hogs, six and a quarter cents; for every score of cattle, twelve and a half cents; for every led or drove horse, one cent; for every horse and rider, six and a quarter cents; for every sleigh or sled, for each horse and ox drawing the same, three cents; horse, twelve and a half cents; for every chariot, for every dearborn, sulky, chair, or chaise, with one born, with two horses and four wheels, eighteen and coach, coachee, stage wagon, phaeton, chaise, or dearthree-quarter cents; for either of the carriages last mentioned, with four horses, twenty-five cents. For every other carriage of pleasure, under whatever name it may go, the like sum, according to the MAY, 1822.] Cumberland Road Repair Bill-President's Veto. [H. OF R. number of wheels and horses drawing the same. For | established, he shall, for each and every such offence, every cart or wagon, whose wheels do not exceed forfeit and pay, to the party so aggrieved, the sum of the breadth of four inches, six and one-fourth cents ten dollars. for each horse or ox drawing the same. For every cart or wagon, whose wheels shall exceed in breadth four inches, and not exceeding six inches, three cents for every horse or ox drawing the same; and every other cart or wagon, whose wheels shall exceed six inches, shall pass the said gates free and clear of toll: Provided, That the President of the United States may authorize the superintendent of the road to commute the rates of toll with any person, or persons, by taking of him or them a certain sum annually, in lieu of the tolls aforesaid: And provided, also, That nothing in this act shall be construed so as to authorize any tolls to be received or collected from any person passing to or from public worship, or to or from his common business on his farm or woodland, or to or from a funeral, or to or from a mill And provided further, That no toll shall be received or collected for the passage of any wagon or carriage laden with the property of the United States, or any cannon or military stores belonging to the United States, to any of the States composing this Union, or any person or persons on duty in the military service of the United States, or the militia of any of the States. SEC. 8. And be it further enacted, That if any person who shall use the said road, shall, with a view to evade the payment of the tolls required by this act, leave the said road, and go round the said gates, every such person shall, for every such offence, forfeit and pay to, and for the use of, the United States, the sum of twelve dollars. SEC. 9. And be it further enacted, That the toll gatherers on the said road shall, respectively, receive compensation for their services at the rate of twelve per cent. on the amount of tolls by them respectively collected: Provided, That the annual compensation of any toll gatherer shall never exceed the sum of three hundred and fifty dollars, nor shall the same be less in any one year than one hundred and twenty dollars; and in case of any deficiency in the amount collected by any toll gatherer, below the sum of one hundred and twenty dollars, the residue shall be paid out of the tolls collected at the other gates on the said road. SEC. 10. And be it further enacted, That, for repairing the Cumberland road, the sum of nine thousand one hundred and ninety-four dollars and twentyfive cents, (being an unexpended balance of money SEC. 3. And be it further enacted, That the said appropriated by act of third March, one thousand toll-gatherers shall settle their accounts quarterly eight hundred and nineteen, for completing the same,) with the superintendent of the road, and at all other be, and is hereby appropriated, to be paid out of times when thereunto required, and shall, at all any money in the Treasury not otherwise appropritimes, pay over to him, on demand, the amount of ated: Provided, however, That all expenditures aristolls by them collected; and it shall be his duty to ing under this act, or connected with the support or account for the same with the Secretary of the repair of said road, beyond the sum herein approTreasury, once in each year, and quarterly, if re-priated, shall be defrayed out of the tolls collected quired. And the said superintendent and toll-gath- under said acts, and from no other fund. erers shall govern themselves by the rules and regulations which the President of the United States may from time to time prescribe. SEC. 4. And be it further enacted, That the amount of tolls, after deducting therefrom the expenses and charges of collection, shall be applied, under the direction of the President of the United States, to the repairs and preservation of said road, in such manner, and under such regulations, as he may from time to time prescribe, and to no other purpose whatever. SEC. 5. And be it further enacted, That directors shall be erected at proper and convenient situations, to caution all conductors or drivers of carriages on the road aforesaid, that they shall at all times pass on the left of each other, under the penalty of three dollars for every offence. SEC. 6. And be it further enacted, That the President of the United States is hereby authorized to increase or diminish the tolls established by this act, in case it should be found upon trial that the sum collected is more, or less, than is necessary to keep the said road in repair; and to increase or lessen the tolls from time to time, on any particular kind of travelling or transportation, so as to preserve an equitable scale of rates, and to increase or diminish the tolls at such seasons of the year as he may direct: Provided, however, That the items of tolls shall not, at any time, be increased to more than double the rates herein established and allowed. SEC. 7. And be it further enacted, That if any of the toll gatherers shall unreasonably delay or hinder any passenger or traveller, at any of the gates, or shall demand or receive more toll than is by this act Mr. BASSETT, with a view to such a consideration of the subject as its importance appeared to him to require, moved to refer the bill and objections to a Committee of the Whole; but the House refused to commit the bill. Mr. WRIGHT expressed in strong terms his approbation of the Message of the President, particularly on the ground that, to impose a toll on this particular road, while other roads were free, would be an unequal and oppressive tax, &c. He was, however, in favor of keeping this road in repair at the expense of the United States. The question was then taken, "Shall this bill pass, notwithstanding the objections of the President of the United States?" and the vote was as follows: YEAS.-Messrs. Barstow, Bateman, Blackledge, Burrows, Campbel lof Ohio, Cassedy, Chambers, Cocke, Cook, Cushman, Cuthbert, Darlington, Denison, Dickinson, Durfee, Eddy, Edwards of Connecticut, Findlay, Fuller, Hardin, Hemphill, Hendricks, Hill, Hooks, Hubbard, Jackson, F. Johnson, Jones of Tennessee, Kirkland, Leftwich, Little, McCarty, McDuffie, Mercer, Metcalfe, Milnor, Montgomery, Moore of Pennsylvania, Moore of Virginia, Neale, Newton, Patterson of Pennsylvania, Plumer of New Hampshire, Plumer of Pennsylvania, Rankin, Reid of Georgia, Rich, Ross, Russ, Saunders, Sawyer, Scott, Sergeant, Sloan, S. Smith, W. Smith, Stewart, Stoddard, Swearingen, Tod, Tomlinson, Trimble, Úpham, Vance, Walker, Walworth, Williams of Virginia, and Woodson-68. NAYS.-Messrs. Speaker, Alexander, Allen of Massachusetts, Archer, Ball, Bassett, Blair, Borland, Burton, Butler, Cambreleng, Campbell of New York, Cannon, Colden, Conner, Crafts, Crudup, Edwards of North Carolina, Eustis, Farrelly, Floyd, Gilmer, Gist, Gross, Harvey, Hawks, Hobart, J. S. Johnston, Jones of Virginia, Lincoln, Litchfield, Long, McCoy, McSherry, Matlack, Matson, Mattocks, Mitchell of Pennsylvania, Moore of Alabama, Morgan, Murray, Nelson of Massachusetts, Nelson of Virginia, Overstreet, Patterson of New York, Phillips, Pitcher, Reed of Massachusetts, Reed of Maryland, Rhea, Rogers, Ruggles, Arthur Smith, Alexander Smyth, Spencer, Sterling of Connecticut, Tatnall, Taylor, Thomson, Tracy, Tucker of Virginia, Tucker of South Carolina, Van Wyck, Whipple, White, Williams of North Carolina, Williamson, Wilson, Wood, Woodcock, Worman, and Wright—72. Two-thirds of all the members being required to carry this question, and a majority having voted against it, it was of course not carried; and the bill was rejected. the two Houses. On motion of Mr. MALLARY, (Mr. TAYLOR being temporarily in the chair,) it was Resolved, unanimously, That the thanks of this House be presented to the honorable PHILIP P. BARBOUR, for the assiduity, promptitude, and ability, with which he has administered the duties of the Chair during the present session. Mr. HILL and Mr. LITTLE were appointed to announce to the President that the House had got through their business, and were ready to adjourn. The committee having a little before three o'clock stated to the House, that the President had informed them he had no further communication to make Mr. Speaker BARBOUR rose and addressed the House as follows: At the commencement of the present session, when I was unexpectedly called by you to the Chair, I expressed the profound sense of gratitude which I felt for that distinguished mark of your confidence; at the close of the session, I have to acknowledge a new and increased weight of obligation, arising from the resolution which you have this day adopted. I should not, under any circumstances, have been vain enough to suppose that I could have passed through the long and laborious session, which is just about to [MAY, 1822 be terminated, without falling into some error; still less could I have hoped for it, under the consciousness which I felt of my inexperience in relation to the duties of my office; if, however, I have erred, I trust it has been in points not material; I know it has been unintentional; and the approbation which you have to-day expressed of my conduct affords to me a gratifying proof, that, whilst you have given me a generous credit for the purity of my motives, whilst you have, with a kind indulgence, overlooked my defects, you have done more than justice to my best efforts to merit your good opinion. The recollection of these things will long be cherished by me as a source of pleasure; it will add to a sense of duty, a new motive to endeavor, by every possible exertion, to acquit myself of the high responsibility of my office, in a manner satisfactory to you. At this moment of approaching separation, permit me to assure you of my friendship and good feelings to you all, and to express the sincere desire, that, upon retiring from the toils of legislation, you may have a safe and happy return to the bosoms of your respective families, and that, when you have arrived there, you may enjoy the happiness and peace which ought to belong to the domestic state. The SPEAKER then adjourned the House until the first Monday in December next, the day for the annual meeting of Congress. fixed by the Constitution of the United States SUPPLEMENTAL SPEECH. [From the National Intelligencer, October 16, 1855.] all the distinguished men who have passed periods of their lives in either House of Congress there is cer A RELIC OF THE LATE WILLIAM LOWNDES.-Of tainly no one, of any thing like equal ability, who has left fewer traces on the page of history, or on the records of Congress, than WILLIAM LOWNDES, the eminent Representative for several years of the State of South Carolina. Not that he was less honored and respected, as well for his elevated patriotism and his fine intellect, as for his high moral qualities and his social virtues, than any one of his contempora ries in public life. But that so few of his eloquent speeches are to be found on record is attributable, in part, to his unfeigned diffidence, which placed less than their true value upon his own exertions, and in part to an objection which he had, on principle, to the practice, then general, of writing out speeches for publication, either before or after the delivery. A sketch, however, of one of the briefest of the speeches of this eminent statesman, (who but for his retiring modesty might, to our knowledge, have worn the highest honors in the gift of his Government,) we are now enabled to present to our readers, through the kindness of a friend, înto whose possession it came by the death of a relative. Besides the rarity of this production, as an exception to Mr. L.'s rule to decline writing out his speeches, the subject to which it relates cannot fail to interest every reader who rightly appreciates the memory of PERRY, the renowned naval commander, whose victory on Lake Erie, during the war of 1812, gave safety to the exposed frontier of the country, and greatly contributed, with the subsequent events, to bring about an honorable and happy peace.-Editors Nat. Int. |