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-H. OF R.]

Maysville Road Bill.

[APRIL 28, 1830.

examined this report. Independent of its national inte- | think, sir, is resolutely determined to vote against the bill rest, it directly and immediately concerns his own constituents. The survey is not a mere local one; such was not its object. It did not begin at Maysville, or stop at Lexington. These are intermediate points on the great route. It began at Maysville, and continued on through the gentleman's own district to Florence, in Alabama. Is there any section of the United States more important than this? If there is, I should like to know where it is. I am very sorry, sir, to see so much alarm and excitement whenever a road bill is called up in these days. Such was not the case formerly. Sir, I am much gratified in the recollection that my friend from Tennessee was not always as much agitated as he appears to be at present at works of internal improvement. I remember with great pleasure the time and place when I had the honor of standing by the side of that honorable gentleman when he voted for six hundred thousand dollars for a great canal in the State of Alabama.

and it is quite in vain, so far as he is concerned, to show that his reasons for doing so are wholly insufficient. The gentlemen from Georgia [Mr. FOSTER] repeats the assertion he made yesterday, that this road is not national. It is very easy, sir, to make that declaration, but not so easy to prove it. I think I have upon a former occasion already demonstrated that it is strictly and essentially national-but if I should again establish it beyond the possi bility of a doubt, I shall not, I fear, thereby secure the vote of my worthy friend, any more than that of the gentleman from Tennessee. He has, it seems, constitutional doubts. Would it not, sir, be more prudent in that gen tleman to reserve his constitutional arguments for a much greater occasion that may soon present itself, in which he will have a louder call for them? It may happen, sir, before very many days, that application will be made for some millions of dollars to remove certain Indian tribes from his own State to some distant regions beyond the Now, sir, since that period, many, very many projects, Mississippi; and some few gentlemen may possibly take involving the same principle, have been, in various forms into their heads to fancy that such a proceeding is not aland shapes, submitted to our consideration, against which together according to the strict letter of the constituthe gentleman had a fair opportunity of manifesting his tion. I refer to this subject in no spirit of unkindness, but hostility to this monstrous and alarming doctrine of inter- to draw the attention of the honorable gentleman to a subnal improvement. Did he do it? No. He sat silent and ject of great magnitude, upon which I shall hear him, no contented, thereby ratifying and confirming his former doubt, maintain the argument upon the other side of the course. I regret, sir, when he comes to the borders of question, with great ability. Sir, who has heard a sug the poor and needy West, then he takes fire, then he be-gestion within the present day, that it was unconstitutioncomes indignant; then, and not till then, he throws the al for the Government to subscribe for stock? whole weight of his intellect and his influence into the scale of opposition, although this is our first application

for aid.

[Here Mr. POLK explained.]

Mr. LETCHER resumed. There was no call for any explanation. I had no intention of reproaching the gentleman for the canal vote. My only object was to show the similarity of that measure with the one now under consideration, and to revert to the pleasing recollection that the gentleman had once voted for six hundred thousand dollars for improvements in the State of Alabama. The gentleman says it was in land. Suppose it was. How does that alter the case? You take my land instead of my money. Now, I cannot for my life, and never could, perceive any distinction in principle between an appropriation in money and an appropriation in land. Where is the difference! It is all common stock, and belongs to the people. However, that is immaterial. The question before the House is not on that gentleman's consistency; that is an affair between himself and his constituents.

The gentleman, sir, is too late with his objections. The doctrine is settled, is fixed to the contrary by the repeated action of both Houses of Congress, sanctioned by every Executive. Certainly, sir, the gentleman must know, the most enlightened statesmen, and some of the most rigid constructionists of the day, unite in opinion upon this point, that the General Government has the undoubted constitu tional right to take stock in a private company, engaged in a design of public utility. It is a question of expediency merely, and presents no other difficulty.

But the road begins in Kentucky, and ends in Kentucky, says the gentleman from Tennessee; and how can it possibly be national? Why, sir, every work of this kind must begin somewhere. Where it begins, or when it begins, does not determine its character, I should think. The reason a beginning is made at Maysville, has been several times stated. The work has been commenced by individuals by virtue of an act of incorporation; which could not extend beyond the limits of the State. It is not, however, to stop in Lexington-far from it: it will progress further A word or two more for the information of the House most certainly. Other companies will no doubt be formin reference to the report of the engineers, who acted ed to extend it from Maysville to Zanesville, in Ohio, on under the express authority of the Government. It was the one side, and from Lexington, by the way of Harrodsmade by Trimble and Long, of whose reputation for skill burg, Lebanon, and Nashville, to Florence, on the other. and integrity I need say nothing. They are both well A bill for that purpose is indeed already reported, and will known to the nation. They made it out with great care be called up by my colleague over the way [Mr. KINCAID] and attention; and it consists of nearly forty pages, and the moment an opportunity offers. And, sir, if the bonbears every mark of the most scientific examination. In orable gentlemen will only exercise a little patience, he addition to this, the incorporated company also employed will very soon see this great road meandering its way Mr. Williams, the late superintendent of the Cumberland through his section of the country. Then, I hope, one of road, a gentleman of high character for integrity and ca- his objections of its being too short will in some degree be pacity in his profession. No man stands better. He, too, removed. made an able report upon the undertaking, which is now before me. The gentleman complains that he has seen no accurate map of this work. Here is one almost as long as this little road itself; [holding up the map] look at it; scrutinize it; a better one was never seen. What more can be required? We have three reports: one executed by our own special order long ago, and yet information is still demanded. But I know very well, sir, that if I answer all the gentleman's calls, and all his objections, we shall not get his vote. He will continue to call and call again, and if he is driven from one point, he will take refuge under another, and another. The gentleman, I

But I would seriously inquire, sir, does it depend upon the length of a road or canal, whether it is national or local? What is the rule of decision? How is the esti mate to be made? I should like to hear how gentlemen would reason upon this part of the subject. I humbly conceive the length of a road, whether it be short or long, has nothing whatever to do with the fact of nationality. We must look to the accommodation it affords, its utility, its links of connexion, the various interests it unites, both agricultural and commercial, to ascertain its character. I know of no other method. The one proposed has every requisite to recommend it. It combines essentially the in

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terests of the agriculturist and the merchant-it connects itself immediately and directly with the Ohio river, which most unquestionably is a national river, which in fact is to the West what the Atlantic is to the East. You contributed largely to the Dismal Swamp canal, and to the Delaware and Chesapeake canal-how far do they run? But short distances. How long is the Louisville and Portland canal! About two miles. When, sir, aid is asked to improve harbors, to build fortifications, to make light-houses, and to dig canals to unite with the Atlantic waters, we hear no suggestion that these are not national works. But the moment a road is mentioned, the scene is changed, the case is alter ed-then constitutional scruples come up, and the cry is raised at once that there is nothing national in it.

[H. OF R.

the safety and the speed of the mail, and that you will save money by it to a large amount. Where, theu, is the ground of doubt or difficulty about it? What do you now pay for the transportation of the mail! Have gentlemen looked into this matter? It costs you no less than eighty dollars and forty-five cents per mile along this very route. Is not this outrageous? And will you continue to pay this extravagant price, rather than aid in making this a good road? Surely you will not. A due regard to economy forbids it, independent of every other consideration. Let this work be completed, and it will not cost you much more than one-third of the sum you now pay. Your own interest, sir, ought to influence you to make the road out and out, even without the co-operation of our State and individual resources.

Kentucky has fully proved her sincerity and fidelity in this matter. She has first taken stock herself, and that to the full extent of her power, before she invited you to participate. Sir, it is well known we are poor; we make no secret of the fact, nor do we view it as a crime. It is our misfortune; and how could it be otherwise? We have no market for our commodities, and the State is embarrassed in her finances. And how did she become so? I need not explain the reason to this House. Gentlemen all know it originated in defending the cause of our common country.

Sir, we wish to be distinctly understood; we do not now, and never have complained of the great advantages you have on the seaboard, or of the appropriations you have made for their improvement. We are proud to know you possess and enjoy them to such an unlimited extent. Though you have facilities that are wholly denied to us, we are far from begrudging them. Yet, sir, we do think, and must say, that justice should be done to us in some emall degree, when we present a case so entirely and unexceptionably correct as the present. We do not ask you to give us money. We do not beg. Not at all. Gentle men cannot rid themselves of the distressing idea that the money is to be given. No one, sir, expects or desires the It is true, sir, as a gentleman near me says, that much Government to do any such thing, but only to aid a good of the public money during the war was expended there. work and a valuable enterprise, by a moderate, cautious, Yes, sir, but it turned out to be ruinous to us. Its effect and well guarded subscription. To patronize a road, was to raise every thing to an exorbitant price. We were, which connects an important internal city with the Ohio for a time, the subjects of a perfect mania for speculation. river, which is the Atlantic of the West, which passes While it lasted, money was expended freely, and the counthrough a growing flourishing country, of unparalleled fer- try was excited to an unnatural degree, but afterwards tility, a region, in many respects, of all others the most de- there was a proportionate exhaustion; just as a patient, lightful and interesting, but one which is unfortunately de- strongly operated on by opium, afterwards suffers a colprived of navigable streams, upon which we can convey lapse of all his powers. We have not entirely recovered our abundant products to market. The result is, sir, from from this state of debility. This is the reason why we the extreme difficulty and delay arising from the badness are unable to accomplish this work by our own means. of the road, our farmer is often cut out of the market al-But if it were entirely convenient, if our resources were together, and consequently his produce is left to rot on his ample, we ought not to do it without your assistance. own hands. Under these circumstances, let me ask, sir, The road is highly important to us, it is equally so to you, what incentive is given to industry? No man will con- and will effect a saving in the public expense. Now, I tinue to work, if he has to sit down and see the products of put it to every man of a generous heart to say whether he his labor thus perish on his hands for the want of a mar-will refuse to do an act which is right in itself, which is ket. It cannot be expected, sir. He will not raise more just, which is necessary, which, while it injures nobody, than he can consume. Does the farmer need no protec- makes multitudes happy. tion and no encouragement! Is his interest to be wholly overlooked and neglected? Sir, he is the first man in the community who ought to be patronized by all well regulated Governments, and the very last man who should be neglected. He is the main stay and prop of the country. When he is prosperous and contented, every interest in society is so in a corresponding degree. Sir, I would inquire, of what use is legislation? What have we to do, unless we lend every assistance to the encouragement of honest industry, and, by a prudent application of our resources, endeavor to improve the condition of our country? But the honorable gentleman from Tennessee [Mr. I am not myself, sir, disposed to see every scheme, how- POLK] tells us that the national debt must first be paid. ever visionary and extravagant, supported and maintained The gentleman seems to superintend that department of by the wasteful appropriation of the public money. A the Government, and to have the public debt in his own sound discretion must be exercised in determining upon especial keeping; and if you give-no, if you subscribe the merits of each project that may be presented for our for stock to the amount of one hundred and fifty thousand consideration. If it be fair, laudable in its object, easy to dollars, the consequence will be awful-yes, sir, trebe accomplished, moderate in its demands, and of great mendous, indeed. Why, sir, how long does the honorable public utility, why, sir, it ought to receive the helping gentleman suppose that this sum will delay the payment hand of the Government. Such, I think, sir, is the one of the public debt? But a day or two, even if the money Dow offered to the House; and, when completed, it is not were strictly a donation. Are you asked to part with any for our exclusive use. Gentlemen seem yet to labor under money! Not a single dollar. You are asked to advance the erroneous impression that this is a road for our fifty thousand dollars a year for three years, on good sespecial accommodation, and they will not argue the ques-curity, in a design patronized by the State, and in which tion upon other grounds. Sir, we tell you, and we prove many private citizens have embarked their fortunes to a the fact beyond all doubt, that it will be a mutual advan- large amount. In return you will receive a valuable tage both to you and to us, that you will greatly increase stock, together with the gratitude and blessings of your

You have a bountiful table, rich and abundantly spread by the hand of a beneficent Providence. All the world beholds, admires, and wonders at your prosperity. The Kentuckians lent their aid in preserving these blessings from violence and spoil. We do not wish to be understood as boasting-we only did our duty. We pay at this day more than a million a year to swell your treasures-and now we come here, and ask you to spare from this wide and magnificent table but a crumb, and that to be again returned to you. Will you, can you refuse us?

H. OF R.]

The Tariff-Maysville Road Bill.

[APRIL 29, 1830

fellow-citizens. If all these considerations and induce- I know we can offer you no other to which you would subments have no impression upon the House, I know not scribe. No, sir, if this fails, we are hopeless. myself what will.

Sir, I took the liberty of reading to the House a document which went to show the great number of persons who travel this road, even in its present miserable condition. It pleased the honorable gentleman to make some severe and humorous criticisms upon it. He observed that the paper did not tell us how many of the travellers were going to meeting, and how many were going to mill. Very true, sir. Neither did it inform us how many were driven in a different direction to avoid this infamous road; nor did it point out what the wagons carried. I did not read the paper as an official document; but I have letters in my possession from gentlemen of the first respectability, which can be examined by any gentleman, to show that it is fully entitled to credit.

Sir, the gentleman from Tennessee is very kind, indeed. He advises the friends of internal improvement to consider well what they are about, lest they bring their own system into disrepute, by pushing it too far. We are greatly obliged to the gentleman for his counsel. But I, for one, would much sooner take the advice of a friend to the system, rather than from one who is its avowed enemy. He tells the friends of the New Orleans road, for their especial comfort, that it is now "sleeping in death." Sir, it was somewhat cruel to raise the dead, particularly after the funeral oration had been pronounced by that honorable gentleman. I trust he will not raise a ghost to alarm the House. It seems, sir, according to the positions assumed, the whole system of internal improvement is endangered. We cannot pass a great bill, because it is too great-we cannot pass a small one, because it is too small: so it appears we can pass no bill at all, and the whole scheme must come to an end. Now, sir, I am no believer in that notion. It is the people's system; and although it may be checked for a time, yet it cannot be put down. The people will have it in spite of all opposition. I believe no believe, further, that the object now proposed is as just, as fair, as expedient, as national, as any which has been or can be proposed to us. No sound objection has been offered against it from any quarter.,

The company hired, as I stated before, a man of reputation for honesty, for one month, to ascertain as accurately as possible the number of persons, wagons, horses, &c. that travelled this road, and the quantity is enormous, and, to one wholly unacquainted with that region of country, almost incredible, but nevertheless true. What do the Government engineers tell you by their official state-man lives, or ever will live, who can bring it to an end. I ment? Permit me, sir, to read a short extract from the report.

Here Mr. L. read an extract from the report of the engineers.]

This corresponds with and confirms the statement I have exhibited. We do not ask the House to act blindly or precipitately, but to act upon authentic information. We desire you to believe nothing that is not established by the most satisfactory proof. We feel ourselves prepared entirely to satisfy any gentleman who is not unreasonable in his requisitions, upon any and every point connected with our application, so far as facts can accomplish that end.

But this road lies within Kentucky, and therefore cannot be national, says the gentleman from Tennessee. Sir, was not the canal to which that gentleman voted six hundred thousand dollars, entirely within the limits of the State of Alabama May not the same be said of the canal in Illinois, in Delaware, and Indiana, to all of which the General Government has been exceedingly liberal? Now I should be happy to hear any gentleman undertake to establish the correctness of the proposition, that a canal, exclusively confined within the borders of a State, however short it may be, is always national; but a road of the first importance, of ten times its length, upon which the great mail is daily conveyed, under similar circumstances, is never so. I have said, sir, and I repeat it, the proposed road, taken with its various connexions, each dependent upon the other, makes it not only national, but an object of the first moment.

You must consider the whole design together; you must be regulated, in coming to a decision, by the principles of common sense, as you would in a case of law. You must look at the entire case, and all its circumstances, before! you come to a conclusion. You must not separate the circumstances, or break the links. So it is with this road: you must not take apart its links, but take the whole as one uninterrupted chain of communication. I make no argument, sir, about its being a military road: I would not care a single cent whether it was or was not. The case is made out fully, independent of that argument. The truth is, Kentucky will never require you to make a good road to get to your battle ground; but I maintain, and shall ever maintain, that it is connected, by means of a water communication, with the whole lower country, with the Atlantic Ocean, with the Ohio canal, and so with the lakes, and all the northern part of the Union, and therefore is national. If it be not, is there any scheme of the kind in the West that can be so! Where is one more, or even as much so Let it be pointed out. Sir, if you refuse to aid us in this,

Sir, I am very sorry to have felt myself called upon to say as much as I have, although I have said as little as possible. The subject is one of the deepest interest. It is looked to with intense anxiety. I have now, sir, only to entreat that the question may be taken, and let the glorious news go home to the West, that this House has extended its kind patronage to a work so useful and 80 much desired.

Whereupon Mr. MALLARY called for the previous question, and the bill was ordered to be engrossed for a third reading.

THE TARIFF LAWS.

The House then again resolved itself into the Committee of the Whole House on the state of the Union, Mr. POLK in the chair, on the bill to amend “ An act in alteration of the several acts imposing duties on imports,”— the amendment offered by Mr. McDUEFIE being under consideration.

Mr. McDUFFIE rose at half after two o'clock in continuation of his argument against the constitutionality and policy of the "protecting system," and addressed the committee two hours, without having concluded; when he gave way for a motion for the committee to rise.

THURSDAY, APRIL 29, 1880. THE MAYSVILLE ROAD. The engrossed bill to authorize a subscription of stock to the Maysville and Lexington Turnpike road was read the third time, and the question stated on its passage.

Mr. HALL said he hoped he should be excused for delaying the passage of the bill for a few moments only. He had no idea that he should be able to prevent its passage altogether; but, as he took no part in the debate yesterday, he wished to make a remark or two, not that he had any peculiar hostility to this particular object, for he could assure his friends from Kentucky that he would as soon vote for an appropriation for this object, as any other of the kind, even in his own district. But he rose to make some developments which he thought calculated to throw much light on the system of internal improvement generally, of which this road is a part, and which involves the principles of the whole subject.

The developments which I am about to make,][said Mr

APRIL 29, 1830.]

Maysville Road Bill.

[H. OF R.

H.] consist of emanations from the most respectable sources, | But as this addition of wealth has not diffused itself, and from the Legislatures of two of the most wealthy and pow- cannot diffuse itself equally among all the citizens, as erful States in the Union, New York and Pennsylvania. two-thirds or three-fourths of the whole population derive It is unnecessary for me to say, that, in presenting what I do from these sources, it is not from any want of respect. My object is to show what New York and Pennsylvania have done, and the results at which they have arrived in the prosecution of works of internal improvement, as a beacon, and a warning to other States less powerful in the means necessary to the successful prosecution of these works. I hesitate not to say that no other States in the Union can push their plans of internal improvements to the extent which these States have, without the most ruinous consequences. The great State of New York, with means and appliances, physical and adventitious, which no other State in the Union has, or perhaps ever can have, will find some difficulty in extricating herself from the situation in which her splendid works have placed her. But with her resources, if she continues to exercise the wisdom in the management of her system which she has heretofore done, by applying her general revenue means as a sinking fund to her debt, and suspends the further extension of her system, she will in some few years wipe off this debt, which, if I am rightly informed, has been considerably reduced by this policy.

little, if any, pecuniary advantage from the canals, it would be unjust and oppressive that works, which are thus partial in their benefits, should be general in their exactions." It will be seen by what has here been presented, that the object of the report was to present to the people of New York, in the shape of an account of debit and credit between them and the canals, or canal interests, a view of what they cost and yielded. And it is further stated"The interests of the State, in reference to the amount of tolls which ought to be collected on the canals, will be clearly indicated by exhibiting an account of debit and credit between the Erie and Champlain canals and the State, from their commencement up to the beginning of the present year." Here follows, after some further remarks, a set of calculations, showing, according to the views taken in the record, that the "whole amount of debt chargeable to the canals on the first day of January, 1830, was twelve million two hundred and thirty-seven thousand three hundred and ninety-nine dollars and seventy cents." The report saya further: "But regarded in the most favorable light in which any reasonable calculation can place them, the canals have yet done nothing towards the extinguishment of their debts; and, indeed, that they have not paid the annual interest of that debt, together with the moneys expended upon them for superintendence and repairs. That portion of debt which has been extinguished, owes its extinguishment entirely to the auxiliary funds, the duties on salt, on sales at auction, and sales of lands, &c.

In the Pennsylvania Senate, on a bill making further appropriations for roads and canals, a member, Mr. Seltzer, said, "That the gentleman from the city had given us an eloquent speech; but had sung the old song-a song which he had sung many times before. There were some notes, however, that were discordant; there were some assertions which were not founded on facts. He has told us that there were sufficient funds to pay the interest on our putlic debt until February, 1831. Now, sir, I deny it; I, sir, am bold to deny it; it cannot be shown to be true. We shall fall short of paying the interest this year more than three hundred thousand dollars! Now, sir, this old song is nearly worn out. It has been sung from year to yeargive us more money to extend a little further, and the canal will be profitable.' When the money has been received, and the extension made, they come here, and the so g is sung over again, 'give us a little more, and it will be profitable.' The State has already expended more than twelve millions of dollars, and not one mile of canal has been completed, and the gentleman from the city wants to borrow money to enter into new contracts, and then borrow more to pay the interest. Such a course, every one knows, would bring an individual to ruin; and who could doubt but that it will bring ruin on the commonwealth?

The report of the canal board, in answer to a resolution of the Senate of New York, of the 25th of February, 1880, presents, among other remarks, the following; "The advantages to the people of this State, to be derived from the construction of the navigable communications between the great western and northern lakes and the Atlantic Ocean, were doubtless based upon the anticipated revenue which these works would produce. It was therefore apparent, at the commencement of these works, that the local advantages, in the enhancement of the value of the property contiguous to them, would be participated by the landed proprietors and others inhabiting the canal section of the State; and that the great State community must look, as an indemnity for its expenditures, to the revenue to be derived from these works." Again: "A law was passed at the commencement of these canals, imposing a direct local tax upon twenty-five miles on each side of these works. This law was based upon the evident principle, that the property in the vicinity of the canal was enhanced in value to the amount of the difference between the land and water transportation. Owing, however, to the loss and inconvenience which would result from the assessment, collection, and payment of the tax, it was never imposed; and those who have been almost exclusively benefited by these works, having been thus exempted from all direct taxation, it would seem to be an obvious principle of justice that the whole State should never be subject to taxation on account of the canals. It cannot be imagined that the people of this State ever contemplated that works, which are principally beneficial in a local and individual point of view, should impose a tax upon the whole community; and it would I have said, that, in presenting these emanations from doubtless be doing great injustice to that portion of our these two great States, it was certainly from no feeling of citizens, who inhabit the canal sections, to imagine that disrespect, but rather from any other feeling. I have done they ever supposed that those in other parts of the State it, sir, to notify the State which I have the honor in part would be subjected to taxation to make or maintain the to represent, as well as others, to take warning by the excanals, or to extinguish the debt." The report goes on ample and experience of those who have gone before to say "The State, in its political capacity, may be re- them, in undertakings which, whatever these States may garded as a corporation; and the same broad principles do, it would be difficult for others to accomplish. I have of justice, in reference to its wealth, will have perfect quoted these documents, and particularly the report, to show applicability. In a corporation consisting of many indi- what. utter delusion prevails upon the subject of internal viduals, an application of the funds of the whole for the improvement, not only in the States, but as it is carried benefit of a part, would be a transgression of the princi- on, or pretended to be, by the General Government; and ples of equity, unless the funds were invested in such a more particularly to show the fallacy of the idea of the manner as to return to the body corporate the principal nationality or generality of works and objects, whose and interest." Again: "But the making of the canale principal attribute is that of locality of place. Sir, we has added to the wealth of the State, by enhancing the have heard in this debate a great deal about national obvalue of the property in the canal sections. This is true.jects; but what does the documentary evidence presented

H. OF R.]

Maysville Road Bill.

[APRIL 29, 1830

by the Legislature of New York teach us? That the very self, after having prosecuted with so much energy, and work which, by way of excellence, if there is one in the with a success that, from the very nature of her physical Union, the Erie and Champlain canal, is entitled pre-emi- position and adventitious advantages, no other State can nently to be called a national work, is yet shown by the re- use; if she, under all these favorable circumstances, has port of the canal board to be one of local character and in yet shown that this stupendous work is not only local, but, terest. Sir, there is not a greater source of error and mis- compared in its cost and profit, is as yet a losing business; chief than the improper or equivocal use of language. It has I ask, what would be the result with any other single been said by one of the most able and talented men ever pro- State, or, still worse, with the whole United States, cut up duced by that country so prolific in great men, that "man- into roads and canals, at such rates? Could the people kind in general are not sufficiently aware that words with- bear the taxation? Ought they to do it? I do hope that the out meaning, or of equivocal meaning, are the everlasting eu- people in every State, whose legislature has plunged into gines of fraud and injustice." The words national, Ameri- this system, will cause to be made out an account of debit can system, internal improvement, general welfare, &c., and credit, showing precisely what they pay for the artiare striking instances. As they are frequently used, they cle, and what it yields. Had not the constitution become are words of equivocal meaning, and have been used as en- obsolete, except with a few old fashioned politicians, I gines productive of immeasurable, I fear of irremediable in- would say something upon the constitutional question, bejury to the people of this country. These words confined cause some of those who believe with me on this subject, to their proper use, have a distinct and appropriate meaning by appearing to waive the question, may subject us unof their own; for words are the names of things, sir. Words justly to the imputation of having abandoned the ground. are things, you know, and misused or abused, they may be Sir, I have not; I never shall abandon my principles on this made very wicked and mischievous things. But the word na- subject; and the more I reflect on them, the more firmly tional-the national good-the general welfare! Sir, what must I adhere to them. But I hesitate not to say, that, seis national? Why, it would not be difficult, by a little logi-cording to the practical construction of the constitution, cal legerdemain, to prove that any thing, however local or or rather the practice of the General Government for some circumscribed in its character, is national. The general years past, if the people really believe that they are living welfare is made up of the particular welfare-the whole is under a Government of strictly limited powers, whatever made up of its parts. What is good for the whole is good in its formation it was intended to be, I have only to say for the parts, and, e converse, what is good for the parts is that I think them mistaken. That the Government was good for the whole. The nation is made up of individuals: intended by the people of the States, when they adopted what is good for the nation is good for the individuals; the constitution, to be one of limited and specified powers, what is good for the individuals must be good for the I think any one may satisfy himself, who will consult the nation; therefore, every individual advantage must be a contemporaneous history of the times. And I wish my national advantage. But it is of advantage to my old constituents could now hear me. I desire that what I say neighbor, that his potatoe patch or cornfield should be culti- may go out to them. vated, or that he should have a ditch cut, or a cowpen The friends of internal improvement by the General Gomade; his individual advantage is part of the national ad-vernment, claim the power principally from four sources: vantage; and then these objects become national objects, from the war power; the power to establish post roads and ought to have an appropriation from the national trea- and post offices; the power to appropriate money; and the Bury. I repeat that I have no peculiar hostility to the power to regulate commerce. From these sources, they Maysville road, and have no doubt it is quite as well en- claim the right of the General Government to make roads titled to an appropriation as many other works called na- aud canals, improve harbors and rivers, and many other tional. But the gentleman from Kentucky [Mr. LETCHER] works within the jurisdictional limits of a State. The error tells us that this road is a national road, because it is in into which those who derive the power over internal imconnexion with the national river Ohio. But how came provements, from the war power, is their improperly Ohio, par excellence, to be a national river! How are we blending the legislative and executive functions of the to distinguish which is and which is not a national water- Government in relation to war. These departments are to course? As we have heard something about length and be kept separate and distinct, in this as well as in other breadth, &c. how are we to ascertain where, or when na-instances. Each has its appropriate part to perform. The tionality begins. Sir, I should like to know from the great Legislature declares war, the Executive carries it into exefather of waters in the West, down to the meanest rill or cution. It is his duty, being by the constitution the commud puddle in North Carolina, where I used to catch craw-mander-in-chief, the head of the military establishment. fish when I was a child, how we are to tell a national Military roads, ditches, culverts, the thrown up breastwatercourse from one that is not. And, suppose, according to the gentleman, Ohio being a national river, this road becomes a national road, because in connexion with it; does not the gentleman perceive (and I say this in the same good natured way in which he made the same remark) that, by the same rule, every other road, or path, that is connected with it, must therefore be national, and that even a sturgeon living in it must be a national sturgeon. The same remark was made in regard to the Cumberland road, that eternal road-eternal as to money.

works, the occasional taking or using private property for public purposes, are means necessary to the execution of the war power; they are parts of the war executed by the military. These are things left to the discretion of the military commanders, ex necessitate rei flagrante bello, and could not be provided for by the legislative department of the Government; it results from the very nature of war. But as soon as the military is withdrawn, the General Government has no control over these things; they belong where they did before. These operations really constitute a part of the war; and to think of carrying into effect the executive functions of the Government in relation to war in time of peace, would involve the contradiction of having war in time of peace. But we all know that this discretion of military commanders is to be exercised upon their responsibility to the country; and that they are liable for any improper use or abuse of it.

But I am extremely obliged to the Legislature of New York for the light which it has caused to be thrown upon this subject of the nationality of locality, which sounds something like a contradiction in terms. But, sir, I say that if there is any one work of internal improvement in the United States, entitled to be called, by way of eminence, a national work, it is that truly great work, the Erie and Champlain canal. And what does the exposition The post office power-the power to establish post roads which has been made, show? That even in the estimate and post offices, is so hackneyed a subject, that but little is of the canal board this is a matter of local interest. And, required from me now. Without going into any philolosir, if the great State of New York, an empire within her-gical disquisition on the word establish, I will rely on its

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