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MAY, 1822.

Internal Improvements.

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decay, have decayed, and will decay rapidly, unless timely and effectual measures are adopted to prevent it.

The declivities from the mountains, and all the heights, must suffer from the frequent and heavy falls of water, and its descent to the valleys, as also from the deep congelations during our severe Winters. Other injuries have also been experi

States can be said, either in a national or local point of view, to be in any way interested. A range of States, on the western side of the Mississippi, which already is provided for, puts us essentially at ease. Whether it will be wise to go further, will turn on other considerations than those which have dictated the course heretofore pursued. At whatever point we may stop, whether it be at a single range of States beyond the Mississippi, orenced on this road, such as the displacing the by taking a greater scope, the advantage of such improvements is deemed of the highest importance. It is so, on the present scale. The further we go, the greater will be the necessity for them.

It cannot be doubted, that improvements for great national purposes would be better made by the National Government, than by the governments of the several States. Our experience prior to the adoption of the Constitution, demonstrated, that, in the exercise by the individual States of most of the powers granted to the United States, a contracted rivalry of interest, and misapplied jealousy of each other, had an important influence on all their measures, to the great injury of the whole. This was particularly exemplified by the regulations which they severally made, of their commerce with foreign nations, and with each other. It was this utter incapacity in the State governments, proceeding from these and other causes, to act as a nation, and to perform all the duties which the nation owed to itself, under any system which left the General Government dependent on the States, which produced the transfer of these powers to the United States, by the establishment of the present Constitution. The reasoning which was applicable to the grant of any of the powers now vested in Congress, is likewise so, at least to a certain extent, to that in question. It is natural that the States, individually, in making improvements, should look to their particular and local interests. The members composing their respective Legislatures represent the people of each State, only, and might not feel themselves at liberty to look to objects, in these respects, beyond that limit. If the resources of the Union were to be brought into operation under the direction of the State Assemblies, or in concert with them, it may be apprehended that every measure would become the object of negotiation, of bargain and barter, much to the disadvantage of the system, as well as discredit to both Governments. But Congress would look to the whole, and make improvements to promote the welfare of the whole. It is the peculiar felicity of the proposed amendment, that, while it will enable the United States to accomplish every national object, the improvements made with that view will eminently promote the welfare of the individual States, who may also add such others as their own particular interests may require.

The situation of the Cumberland road requires the particular and early attention of Congress. Being formed over very lofty mountains, and in many instances over deep and wide streams, across which valuable bridges have been erected which are sustained by stone walls, as are many other parts of the road, all these works are subject to 17th CoN. 1st SESS.-59

capping of the walls, and other works, committed by worthless people, either from a desire to render the road impassable, or to have the transportation in another direction, or from a spirit of wantonness to create employment for idlers. These considerations show, that an active and strict police ought to be established over the whole road, with power to make repairs when necessary; to establish turnpikes and tolls, as the means of raising money to make them; and to prosecute and punish those who commit waste and other injuries.

Should the United States be willing to abandon this road to the States through which it passes, would they take charge of it, each of that portion within its limits, and keep it in repair? It is not to be presumed that they would, since the advantages attending it are exclusively national, by connecting, as it does, the Atlantic with the Western States, and in a line with the seat of the National Government. The most expensive parts of this road lie within Pennsylvania and Virginia, very near the confines of each State, and in a route not essentially connected with the commerce of either.

If it is thought proper to vest this power in the United States, the only mode in which it can be done, is, by an amendment of the Constitution. The States, individually, cannot transfer the power to the United States, nor can the United States receive it. The Constitution forms an equal and the sole relation between the General Government and the several States; and it recognises no change in it, which shall not, in like manner, apply to all. If it is once admitted, that the General Government may form compacts with individual States, not common to the others, and which the others might even disapprove, into what pernicious consequences might it not lead? Such compacts are utterly repugnant to the principles of the Constitution, and of the most dangerous tendency. The States, through which this road passes, have given their sanction only to the route, and to the acquisition of the soil by the United States a right very different from that of jurisdiction, which cannot be granted without an amendment to the Constitution, and which need not be granted for the purposes of this system, except in the limited manner heretofore stated. On full consideration, therefore, of the whole subject, I am of opinion that such an amendment ought to be recommended to the several States for their adoption.

I have now essentially executed that part of the task, which I imposed on myself, of examining the right of Congress to adopt and execute a system of internal improvement, and I presume have shown that it does not exist. It is, I think, equally

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Internal Improvements.

MAY, 1822.

manifest, that such a power vested in Congress, and wisely executed, would have the happiest effect on all the great interests of our Union. It is, however, my opinion, that the power should be confined to great national works only, since, if it were admitted, it would be liable to abuse, and might be productive of evil. For all minor inprovements, the resources of the States individu-it, according to the journals of the first Congress, ally, would be fully adequate, and by the States such improvements might be made with greater advantage than by the Union; as they would understand better such as their more immediate and local interests required.

. In the view above presented, I have thought it proper to trace the origin of our institutions, and particularly of the State and National Governments, for, although they have a common origin, in the people, yet, as the point at issue turned on what were the powers granted to the one government, and what were those which remained to the other, I was persuaded that an analysis which should mark distinctly the source of power in both Governments, with its progress in each, would afford the best means for obtaining a sound result. In our political career, there are, obviously, three great epochs. The colonial state forms the first; the revolutionary movement, from its commencement to the adoption of the Articles of Confederation, the second; and the intervening space, from that event to the present day, the third. The first may be considered the infant state. It was the school of morality, of political science, and just principles. The equality of rights enjoyed by the people of every colony, under their original charters, forms the basis of every existing institution, and it was owing to the creation by those charters of distinct communities that the power, when wrested from the Crown, passed directly and exclusively to the people of each colony. The Revolutionary struggle gave activity to those principles, and its success secured to them a permanent existence in the governments of our Union, State and National. The third epoch comprises the administration under the Articles of Confederation, with the adoption of the Constitution, and administration under it. On the first and last of these epochs, it is not necessary to enlarge for any purpose connected with the object of this inquiry. To the second, in which we were transferred by a heroic exertion, from the first to the third stage, and whose events give the true character to every institution, some further attention is due. In tracing in greater detail the prominent acts of a movement to which we owe so much, I shall perform an office, which, if not useful, will be gratifying to my own feelings, and I hope not unacceptable to my readers.

Of the revolutionary movement itself, sentiments too respectful, too exalted, cannot be entertained. It is impossible for any citizen, having a just idea of the dangers which we had to encounter, to read the record of our early proceedings, and to see the firmness with which they were met, and the wisdom and patriotism which were displayed in every stage, without being deeply affected by it. An

attack on Massachusetts was considered an attack on every colony, and the people of each moved in her defence, as in their own cause. The meeting of the General Congress in Philadelphia, on the 6th of September, 1774, appears to have been the result of a spontaneous impulse in every quarter at the same time. The first public act proposing was passed by the House of Representatives of Connecticut, on the third of June, of that year; but it is presumed that the first suggestion came from Massachusetts, the colony most oppressed, and in whose favor the general sympathy was much excited. The exposition which that Congress made of grievances, in the petition to the King, in the address to the people of Great Britain, and in that to the people of the several colonies, evinced a knowledge so profound of the English constitution and of the general principles of free government and of liberty; of our rights founded on that constitution, and on the charters of the several colonies, and of the numerous and egregious violations which had been committed of them, as must have convinced all impartial minds, that the talent on this side of the Atlantic was at least equal to that on the other. The spirit in which those papers were drawn, which was known to be in strict accord with the public sentiment, proved that, although the whole people cherished a connexion with the parent country, and were desirous of preserving it on just principles, they nevertheless stood embodied at the parting line, ready to separate for ever, if a redress of grievances, the alternative offered, was not promptly rendered. That alternative was rejected, and, in consequence, war and dismemberment followed.

The powers granted to the delegates of each colony who composed the first Congress looked primarily to the support of rights, and to a redress of grievances, and in consequence to the restoration of harmony, which was ardently desired. They justified, however, any extremity in case of necessity. They were ample for such purposes, and were executed in every circumstance with the utmost fidelity. It was not until after the meeting of the second Congress, which took place on the 10th May, 1775, when full proof was laid before it of the commencement of hostilities in the preceding month, by a deliberate attack of the British troops, on the militia and inhabitants of Lexington and Concord, in Massachusetts, that war might be said to be decided on, and measures were taken to support it. The progress even then was slow and reluctant, as will be seen by their second petition to the King, and their second address to the people of Great Britain, which were prepared and forwarded after that event. The arrival, however, of large bodies of troops, and the pressure of war in every direction, soon dispelled all hope of accommodation.

On the 15th of June, 1775, a commander-inchief of the forces raised, and to be raised, for the defence of American liberty, was appointed by the unanimous vote of Congress, and his conduct in the discharge of the duties of that high trust, which he held through the whole of the war, has given

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an example to the world for talents as a military commander; for integrity, fortitude, and firmness, under the severest trials; for respect to the civil authority, and devotion to the rights and liberties of his country, of which neither Rome nor Greece have exhibited the equal. I saw him in my earliest youth, in the retreat through Jersey, at the head of a small band, or rather in its rear, for he was always next the enemy, and his countenance and manner made an impression on me, which time can never efface. A lieutenant then in the third Virginia regiment, I happened to be on the rear guard at Newark, and I counted the force under his immediate command by platoons as it passed me, which amounted to less than three thousand men. A deportment so firm, so dignified, so exalted, but yet so modest, and composed, I have never seen in any other person.

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tion of Congress, with respect to a method for administering justice, and regulating their civil police." To this a reply was given on the 3d November, by which it was recommended to the convention "to call a full and free representation of the people, and that the representatives, if they thought it necessary, should establish such a form of government as, in their judgment, would best promote the happiness of the people, and most effectually secure peace and good order in the province, during the continuance of the present dispute between Great Britain and the colonies."

On the 4th November it was resolved by Congress "that if the convention of South Carolina shall find it necessary to establish a form of government in that colony, it be recommended to 'that convention to call a full and free representOn the 6th July, 1775, Congress published a ation of the people, and the said representatives, declaration of the causes which compelled them if they think it necessary, shall establish such a to take up arms, and immediately afterwards took form of government as, in their judgment, will measures for augmenting the army and raising a best promote the happiness of the people, and navy; for organizing the militia and providing most effectually secure peace and good order in cannon, and small arms, and military stores of the colony, during the continuance of the presevery kind; for raising a revenue, and pushingent dispute between Great Britain and the colothe war offensively, with all the means in their nies." power. Nothing escaped the attention of that enlightened body. The people of Canada were invited to join the Union, and a force sent into the province to favor the revolutionary party, which, however, was not capable of affording any essential aid. The people of Ireland were addressed in terms manifesting due respect for the sufferings, the talents, and patriotism, of that portion of the British empire; and a suitable acknowledgment was made to the Assembly of Jamaica, for the ap-in the opinion of the representatives of the peoprobation it had expressed of our cause, and the part it had taken in support of it with the British Government.

On the 4th December following, a resolution passed recommending the same measure, and precisely in the same words, to the convention of Virginia.

On the 10th May, 1776, "it was recommended to the respective assemblies and conventions of the united colonies, where no government sufficient to the exigencies of their affairs had been established, to adopt such government as should,

ple best conduce to the happiness and safety of their constituents in particular, and America in 'general."

On the 7th June, resolutions respecting independence were moved and seconded, which were referred to a Committee of the Whole on the 8th and 10th, on which latter day it was resolved to postpone a decision on the first resolution, or main question, until the 1st July, but that no time might be lost in case the Congress agree thereto, that a committee be appointed to prepare a declaration to the effect of that resolution.

On the 2d of June, 1775, the Convention of Massachusetts, by a letter signed by their President, of May the 10th, stated to Congress "that they labored under difficulties for the want of a regular form of government, and requested to be favored with explicit advice respecting the taking up and exercising the powers of civil government,' and declaring their readiness to submit to such a general plan as the Congress might direct for the colonies, or that they would make it their great study On the 11th June, 1776, Congress appointed a to establish such a form of government there, as committee to prepare and digest a plan of conshould not only promote their own advantage, but federation for the colonies. On the 12th July the the union and interest of all America." To this committee reported a draught of articles, which application an answer was given on the 9th by were severally afterwards debated and amended, which it was recommended to the Convention, until the 15th November, 1777, when they were "to write letters to the inhabitants of the several adopted. These articles were then proposed to places entitled to representation in assembly, re- the legislatures of the several States, with a questing them to choose such representatives, and request that, if approved by them, they would that the assembly, when chosen, should elect coun- authorize their delegates to ratify the same in cillors, and that said assembly or council should Congress, and which, being done, to become conexercise the powers of government, until a gov-clusive. It was not until the 21st of March, 1781, ernor of His Majesty's appointment will consent to govern the colony according to its charter."

On the 18th October of the same year, the delegates from New Hampshire laid before Congress an instruction from their convention "to use their ' utmost endeavors to obtain the advice and direc

as already observed, that they were ratified by the last State, and carried into effect.

On the 4th July, 1776, independence was declared, by an act which arrested the attention of the civilized world, and will bear the test of time. For force and condensation of matter, strength of

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reason, sublimity of sentiment and expression, it is believed that no document of equal merit exists. It looked to every thing, and with a reach, perspicuity, and energy of mind, which seemed to be master of every thing.

Thus it appears, in addition to the very important charge of managing the war, that Congress had under consideration at the same time, the Declaration of Independence, the adoption of a confederation for the States, and the propriety of instituting State governments, with the nature of those governments, respecting which it had been consulted by the conventions of several of the colonies. So great a trust was never reposed before in a body thus constituted, and I am authorized to add, looking to the great result, that never were duties more ably or faithfully performed.

MAY, 1822.

the necessity of these alterations. The Hall was well, enough, he said. If members would but be still, and not move about so much, they could hear one another well enough.

The question was then put on agreeing to the resolution, and decided in the negative.

On motion of Mr. HEMPHILL, the Committee on Roads and Canals were discharged from the further consideration of such subjects referred to them which have not been already acted upon.

Mr. FLOYD Submitted the following resolution: Resolved, That the President of the United States be requested to cause a report to be made to this House, at an early period of the next session of Congress, showing the number and local position of each of the armories, arsenals, and magazines of the United States, the time at which each was established, and the total The distinguishing characteristic of this move- expense of constructing and repairing the same, up to ment is, that, although the connexion which had the end of the year 1821; also, the whole number of existed between the people of the several colonies, cannon and other arms made annually at each armory before their dismemberment from the parent coun- and arsenal, from its establishment to the end of the try, was not only not dissolved, but increased by said year; also, an exhibit in detail of the expense of that event, even before the adoption of the Articles each armory and arsenal for each year from 1816 to 1821, inclusive; showing, First, the gross amount of of Confederation, yet the preservation and aug- money expended at each within each year: Second, mentation of that tie were the result of a new the separate object to which the expenditure was ap creation, and proceeded altogether from the peo-plied: Third, the contracts and purchases made at ple of each colony, into whose hands the whole power passed, exclusively, when wrested from the Crown. To the same cause the greater change which has since occurred, by the adoption of the Constitution, is to be traced."

The establishment of our institutions forms the most important epoch that history hath recorded. They extend unexampled felicity to the whole body of our fellow-citizens, and are the admiration of other nations. To preserve and hand them down in their utmost purity to the remotest ages will require the existence and practice of virtues and talents equal to those which were displayed in acquiring them. It is ardently hoped and confidently believed that these will not be wanted.

MONDAY, May 6.

each within each year; by whom and with whom; whether publicly or privately; with or without public notice; for what articles or materials; the amount of each contract; for all purchased, and the amount given therefor; the names of all concerned as principals, agents, and securities; their place of residence, and the failures which may have occurred in any contract: Fourth, the whole number of arms and equipments transmitted to each State and Territory in the Union, under the act of Congress for arming the whole body of the militia of the United States: Fifth, the whole number of cannon, arms, equipments, and ferent kinds, now belonging to the United States, and munitions of war of every kind, distinguishing the difwhere placed: Sixth, the annual expense of transporting ordnance and ordnance stores from the places at which they were made or purchased, in the Atlantic States, to the places at which they were to be deliver

cifying the several descriptions of arms and munitions The whole so arranged as to exhibit clearly the anso transported, and the cost thereof when purchased. nual expenditure of the annual appropriation for each specific object.'

Mr. NEWTON, from the Committee on Com-ed, or used, in the Western States or Territories, spemerce, to which was referred the bill from the Senate, entitled "An act for the relief of Alexander Humphrey and Sylvester Humphrey," reported it with a recommendation that the House do not pass the same; and the bill was laid on the table.

Mr. WOOD submitted the following resolution: Resolved, That the Architect of the Public Buildings be authorized, in conjunction with the Clerk of this House, to make such necessary repairs for the improvement of the Hall of the House of Representatives as they may deem necessary to facilitate the means of speaking and hearing.

In support of this motion Mr. W. stated that it was believed by the Architect, that by filling up the hollow space under the raised floor of the Hall, and a different arrangement of the drapery, the hearing would be greatly improved. The cost of these alterations would not be great, but they could not be made without authority of the House.

Mr. KEYES remarked that he did not perceive

The resolution was ordered to lie on the table one day.

The SPEAKER laid before the House a report of the Secretary of State on the petition of Lucy Lamb; which was read, and ordered to lie on the table.

Leave was given to withdraw the several petitions and memorials presented at the present session, upon which the House have not acted definitively, with their accompanying documents.

POTOMAC NAVIGATION, Mr. STEWART submitted the following resolu tion for consideration, viz:

Resolved, That the Committee for the District of Columbia be instructed to inquire into the expediency of authorizing the sale of the whole or a part of the

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public lots and grounds in the City of Washington, and vesting the proceeds of such sale or stock in a company incorporated within the District of Columbia, to co-operate with Virginia and Maryland in the improvement of the navigation of the Potomac river, from tide-water, in this city, to Cumberland, in the State of Maryland.

Mr. STEWART said he did not wish the House, at this late period of the session, to pass upon the resolution which he had just submitted; but, as it would be brought before Congress at an early period of the next session, he thought it but fair to give gentlemen an opportunity to examine it, for he felt persuaded that a candid and deliberate examination of the subject was alone wanting to secure its success. It was a measure, he said, of no ordinary importance-one to which the anxious attention of General WASHINGTON had been directed as early as the establishment of the Seat of Government, which he had pursued with zeal during his lifetime, and, had he lived to complete it, this city would now enjoy the high and proud rank which, as the capital of a great nation, it ought to occupy.

But, he said, he would not trouble the House, at this time, with a general view of the subject. He would confine himself to a few of the most prominent facts connected with it.

The proprietors of the city, he said, had granted to the Government, without any pecuniary equivalent, one-half of all the building lots, which, together with the public reservations, (part of which had been sold for an average of fifty cents per foot,) amounted to about 9,629 lots, which, at fifteen cents per foot, would produce $7,220,750.

Suppose this estimate (which he read from the National Calendar of 1820) be reduced an half, it would leave $3,610,875.

The sale of one-half (allowing nothing for the increase of value produced by this measure) would be $1,805,437.

A sum more than sufficient, with the aid of Virginia and Maryland, the old company, and individuals, to accomplish the work. Thus, instead of near a thousand vacant and unproductive lots, (which can never be sold until something is done by Government to promote the prosperity and growth of the city,) you have a profitable stock, which, even at six per cent., would put into your Treasury $108,326 per annum, and make the balance of your lots worth more than four times as much as the whole are now worth.

This, Mr. S. said, might, to some gentlemen, seem extravagant; but every doubt would vanish when it is considered that, by this measure, you place this city, for all the purposes of commerce, trade, and intercourse, within five or six miles of Cumberland, and within seventy-four miles, by land, of the western navigable waters at Brownsville. Is this fact denied? It is susceptible of the clearest proof. Mr. S. said he had been informed this morning, by an intelligent member from New York, who was acquainted with the operations on the canal lately constructed in that State, that a boat, with two horses, two men, and a boy, would carry fifty tons thirty-five miles in one day, at an

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expense of between four and five dollars, exclusive of tolls. To carry the same quantity the same distance, would require at least twenty-five wagons, with five horses each, two days, at five dollars each per day, would amount to $250, (exclusive of tolls on a turnpike,) requiring a capital of near $13,000, besides the wear and tear of 25 wagons and 125 horses. The result, Mr. S. said, was a difference of as 5 to 250, or 1 to 50. The distance from Washington City to Cumberland was 188 miles by water-not equal to four by land. If the facts, as he received them, were true, and he could not doubt it, the result was inevitable. Thus you remove the capital to the centre of the Union; it is made to follow the march of power to the West; you place it in the midst of a rich and productive country; you carry the supply of goods into the neighborhood of the consumer, for which he can easily exchange his produce-you place the market near his door. It has been ascertained that a few western counties have produced 400,000 barrels of flour and whiskey in one year; by this improvement they would save at least one dollar per barrel in transportation; and even Kentucky sends her tobacco in wagons, across the mountains, to this District. It might also be remarked, that the city of Baltimore, by carrying into effect the proposed cross-cut from Frederick, would enjoy the same advantages with this city.

Independent of the numerous advantages to result from this measure, in a political, military, and commercial point of view, Mr. S. begged leave to advert to one which he thought alone would compensate for the whole expense in a few years. It was the coal trade. Many of the mountains through which this river passes, Mr. S. said, were constituted of coal, which could be deposited in boats for four or five cents per bushel, and the carriage by water to this city being equal to only four miles by land, they could not cost more than ten or twelve cents-superior to what now cost thirtyseven cents; but suppose they cost seventeen cents per bushel, still you have a saving of twenty cents, which, upon the amount consumed in the District alone, would produce, from a calculation made, $320,000 per annum. Besides, by reducing the price of fuel and of every species of marketing, by affording an easy access to the rich and productive countries bordering on the Potomac, you reduce the price of living in this city, as well to foreigners and strangers who visit the Seat of Government, as to the members of this body. By placing this city near two hundred miles in advance of other seaports, you give it commercial advantages which will add to your revenue, payable at the door of the Treasury; you increase the growth and prosperity of the national city, and enable its inhabitants to live without looking to the offal of the public Treasury for their daily bread. The foreigner who visits you, with high expectations, will no longer go away disappointed; he will find something to delight him, to edify him, and to praise when he shall return to his own country. No great nation has ever been indifferent to the growth and prosperity of its capital; and why should we? This District is placed, by

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