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SENATE.]

Executive Proceedings.

[Feb 2, 1829.

He said: This is certainly a new and very interesting his office. If this is a correct principle, it gives a differproposition. A committee of the Senate, for the first ent tenure of office from that prescribed by the constitutime in the history of this body, declare it inexpedient to tion. If it is correct as to nominations, it must be so equally fill a high judicial office, required by the constitution, to all his other duties. If it is a known rule, it is one on and created by law. It is a naked resolution, unaccom which the President ought to cease to act. If he has no panied by any report, or any reasons for its adoption ; and right to make nominations, can he perform the higher I am, said he, left to learn the principles on which the duty of signing the laws and making treaties? If this recommendation is founded, from what has just fallen principle is applicable to the President, is it not equally from the Chairman of the Committee. It is declared to binding on the Senators who have been superseded? And be inexpedient to act upon the nomination of a Judge of will it not present a curious anomaly to see Senators sitthe Supreme Court, because the President of the United ting here to declare the powers of the President to have States has been superseded in the late election, and that ceased, in a case and for a reason as strong in reference to his office will expire on the 3d March. That the will of themselves? the people has been expressed, and that the Senate ought Was it ever contemplated by the framers of the conto obey that will ; that there will be a want of that mutual stitution, that the President should, in any event not proconfidence which ought to exist belween the President vided in the instrument itself, cease to act? Or can he and the officers charged to execute the laws; that the cease to act, in any case, when the Vice President has President has neglected to make this nomination in vaca not authority to take his place ? And if the Senate can, betion, &c. The effect of the rule, or the principle, or the cause they have the power, declare a disqualification in practice, or whatever it may be called, is to destroy the this case, why may they not declare it in all other cases, Executive power under the constitution, to the extent to and that the Vice President is authorized to act for him? which the rule goes, and as far as the principle of it ex The moment you depart from the constitution, and begin tends, and as far as the practice under it may warrant any an attack upon the other departments of the Government, party to go in any future time.

you commence a conflict of authority where there is no The constitution has divided the powers of Gover- arbiter, which will end in perpetual collision, or in the ment into three equal and independent bodies; and has destruction of the Government. But, sir, it has been prescribed the powers and duties of each, both as to ex- strongly urged here, that the will of the people must retent and duration ; and duration is as much a part of the gulate the conduct of the Senate. What, sir, is the will power conferred, as the extent of the authority. The of the people disclosed in the late election?

A mere prePresident is elected for a specified and limited period of ference of one man to another. It involved no principle four years; during which he is to approve the laws. and or policy. So far as it is yet known, the competitors acsee them executed; to make treaties and nominate to all cord in opinion, and are in accordance with public opinion, offices, and he is to perform those duties under his oath, upon all great public questions. If the successful candiand under the penalty of impeachment, during the whole date entertains opinions different from his competitor, they period of his office. The Senate have their appropriate have never been disclosed; and if they had, he could not duties for the whole period of their office. Among these have been elected. Have the people expressed their will is the duty of giving their advice to the nominations when in favor of this deprivation of the rights of the President ? made, and of seeing, so far as depends on them, the laws Have they declared that the Senate shall not fill an imcarried into effect. The Senate is not impeachable ; but portant office, created by the law ? Have they said there they are bound by the highest sanctions, and the most so shall be a political test established here ? and have they lemn obligations of duty, to do what the constitution has said you may infract the constitution, and disregard your enjoined. The law requires Judges of the Supreme duty, in order to set the example of intolerance and proCourt. The laws cannot be executed without them. Nay, scription? If they were mad enough for this, and they they are an essential branch of the Government. The could justify the means to attain an end in which they, concurrence of the President and Senate is necessary to as a body, have little interest, however individuals may create them. The President has nominated, and the Se- profit, yet the constitution was made to regulate the will nate, with a full knowledge of the peculiar situation of of the people, and control its irregular action. The conthat court, have held this nomination for more than six stitution is a solemn compact, among the States and among weeks under advisement, and then declare it is inexpe- the people, as well as between the people and the States. dient to act on it. The necessity of the officer is created It is a great rule of conduct above the will of the peoby a law, which the Senate have no right to control or ple, and above the control of the States, and which neidefeat, even if they deemed the office unnecessary or in-ther can transcend. The people have no right to alter or expedient, until the law is repealed in the regular mode ; modify it, but by the instrument itself, and in the mode much less can they, for political purposes, with a view to agreed on by the parties to it. To enlarge or diminish wield the patronage of the Government, to transfer power the powers conferred by it, as the opinions of the people from one to another, and subserve the interests of par- !nay change, is so far to destroy the settled principles of ties, take upon themselves to refuse, upon any pretence, the Government, and to substitute the wildest theory of to perform the duly prescribed by the constitution. The democracy for a written compact, which they, for the duly of the Senate is confined to an inquiry into the cha- wisest purposes, have sworn not to violate. The moment racier and qualifications of the person, and to a decisive you depart from that known and written law, the Governaction upon the nomination, in a reasonable time. The ment must become what a majority may at any time detime must be limited to what is necessary to make the in- clare it to be. What security have the people in the staquiry, and to satisfy the Senate. But six weeks are al- bility of our institutions ? What protection have the small ready spent; there is no objection to the man. He is of States ? If the will of the people is to be obeyed, rather high character, and acknowledged ability. The duty of than the constitution, why is so much said about the conthe Senate is plain ; the practice in it has been uniform. struction of it; about the alien and sedition laws; the taThis rule is a deviation from boih.

riff, and other acts, all of which have, at different times, But let us inquire into the reasons of this innovation on emanated from the Representatives of the people? The the constitution. Before the expiration of the Presiden- will of the people is great and commanding, and to which tial term, the Senate refuse to act upon a noinination, up we must all bow with respect and reverence; but that will, on an exception 10 the exercise of the power by the Pre- to be rightful, must be within its proper sphere, and nesident, arising from his having been superseded by the ver in derogation of that higher will they have exerted election of another, tò take effect upon the termination of, in forming the principles of this Confederation. The

MARCH 5, 10, 1829.]

Proceedings at Extra Session.

(SENATE.

people have a permanent interest in the stability of the The propriety and the delicacy of naming a judge to this Government; but if every fluctuation of opinion, and eve- high office, on the sole will of the President, only sixty ry change of rulers, and every popular election, can days before the meeting of Congress, may well be queschange its principles, it will become what all wise men tioned. The discretion vested in him has been wisely exhave dreaded—too weak for the strong, 100 strong for the erted, and with the most elevated purpose. His conduct, weak.

for the benefit of the example, should have been justly apIt is urged, in the argument, that there will not be preciated and commended. If he had made the nomina“that mutual confidence which ought to exist between tion, then we should have heard of the corruption of Exthe President and the officer.” Mr. J. said that he could ecutive patronage. Then the confirmation would have not perceive how a difference of opinion in the late elec- been withheld, because he had, in the heat of the political tion could destroy confidence in the integrity, ability, or contest, thrown in his official influence. He stood aloof from learning of a judge. He saw nothing in this which was the struggle ; but he could not by any course have avoided not applicable to all the other judges. But, he said, the the unworthy motives ascribed to him. Judiciary is a co-ordinate branch of the Government, But can the Senate, an independent body, acting on its equal, in its proper sphere, to the Executive, and, in the own responsibility, justify a violation of its express duty, theory of the constitution, intended to be independent. under the plea that the President has neglected to perform They do not act together—no confidence is expected. his? If he has too long delayed it, it becomes an addiIndeed, if any fears have been entertained, or any jealousy tional motive to act promptly on it. expressed of the Judiciary, it is from the apprehension that But to what condition have we reduced the country, and they may sympathize too strongly with the powers that for what consequences are we not responsible? This be. Here the connexion with the present rulers is about nomination was made the 17th December, and in time to cease ; and they will stand independent and free from to enable the Judge to attend the session of the Supreme any influence of the Executive.

Court. The Committee have held it for six weeks under The course recommended by the Committee has been advisement. For what purpose? In the mean time, the justified by charging the President with neglect, and im- Supreme Court have been obliged to adjourn from day to puting unworthy motives in not making the appointment day, and when a bare quorum is formed, they are unable in vacation. Mr. Trimble died in Kentucky in August; 1o decide on any cause involving any great principles. the first recommendations are dated 28th August, and the The Senate have assumed an undue responsibility, for last, from Franktort, on the 18th September; These arrived which they cannot acquit themselves before the country, at Washington from the 15th to the last of September. They are deviating from the meaning and spirit of the With a proper respect for the States, and the persons hav- constitution ; they are refusing to carry the laws into effect; ing claims to the office, he could not have proceeded be- they are accumulating all the patronage of the Governfore the first of October to decide on the claims of the ment to augment the power and influence of the Execuparties, and it would have been the middle of October be- tive, to subserve the views and interests of a dominant fore the appointment could have been received. There party. But this is not all; they are setting an example, would have been sixty days between the appointment, and which, in worse times, will lead to dangerous abuses of about forty-five days between the receipt of the commis- power and more fatal innovations on the constitution. sion and the session of the Senate. It is a very high and permanent office, requiring great ability, in which three

Note by the publishers. There were, doubtless, speeches large States are particularly concerned, and the whole Union interested. Under such circumstances, it would be made by gentlemen on the other side of the question ; but indelicate to make an appointment and leave the Senate it is well known that speeches made in secret session must under the necessity of confirming it, or the painful and be furnished by the speakers themselves, or they cannot ungracious task of rejecting a judge already on the bench, be published. Not having been furnished with any other and in the exercise of his office.

The President has deemed it more respectful to the than the foregoing, the publishers can of course give none Senate to leave them free to act upon the nomination. other.

PROCEEDINGS AT EXTRA SESSION.

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THURSDAY, MARCH 5, 1829.

world, and may hereafter call again for the active energies DOCUMENTS-PANAMA MISSION.

of the Government of the United States. The motive for The following message from the President of the United justice to the Government from which they emanated,

withholding them from general publication having ceased, States, received and considered the third instant, in legis- and to the people for whose benefit it was instituted, relative session, was, at that time, on motion of Mr. TAZE- quire that they should be made known. With this view, WELL, ordered to be transferred, with the accompanying and from the consideration that the subjects embraced by documents, to the Executive Journal :

those instructions must probably engage hereafter the conTo the Senate and House of Representatives of the Uni- sideration of our successors, I deem it proper to make this ted States of America.

communication to both Houses of Congress. One copy WASHINGTON, 3d MARCH, 1829. only of the instructions being prepared, I send it to the I transmit herewith to Congress a copy of the instruc- Senate, requesting that it may be transmitted also to the tions prepared by the Secretary of State, and furnished to

House of Representatives. the ministers of the United States appointed to attend to

JOHN QUINCY ADAMS. the assembly of American plenipotentiaries, first held at Panama, and thence transferred to Tacubaya. The occa

TUESDAY, MARCH, 10, 1829. sion for which they were given has passed away, and Mr. BENTON submitted the following motion : there is no present probability of the renewal of those ne Ordered, That the message of the President of the Unigotiations; but the purposes for which they were intended ted States, transmitting to ihe Senate the instructions to the are still of the deepest interest to our country and to the ministers of the United States to the Congress at Panama,

SENATE.)

Proceedings at Extra Session.

[March 12, 13, 16, 1829.

nays be

with the accompanying documents, be referred to the A division of the question was called for by Mr. KING, Committee appointed the 5th instant.

and being taken on striking out, The Senate proceeded to consider the motion; and, It was determined in the negative-yeas 13, nays 19. after debate,

On motion of Mr. BARNARD, the

yeas and On motion of Mr. SMITH, of Maryland, the Senate ad- ing desired by one-fifth of the Senators present, journed.

Those who voted in the affirmative, are,

Messrs. Barton, Burnet, Chase, Foot, Hendricks, Marks, THURSDAY, MARCH 12, 1829.

Noble, Robbins, Ruggles, Sanford, Seymour, Webster,

Willey. The Senate resumed the consideration of the motion Those who voted in the negative, are, made on the 10th instanı, to refer the message transmit. Messrs. Barnard, Benton, Bibb, Dickerson, Dudley, ting the instructions to the ministers of the United States Iredell, Kane, King, Livingston, McKinley, McLane, at Panama, io a Select Committee.

of Delaware, McLean, of Illinois, Rowan, Smith, of Mr. BENTON had leave to withdraw the motion, and Maryland, Smith, of South Carolina, Tazewell, Tyler, submitted the following as a substitute :

White, Woodbury. “ The late President of the United States having, by On motion of Mr. TAZEWELL, his message of the 3rd of March, 1829, communicated a To amend the resolution by striking out all after the copy of the instructions to the ministers of the United word " emanated,” and inserting the following: “The States appointed to attend at the assembly of American Senate having bestowed upon the said instructions the plenipotentiaries, first held at Panama, and thence trans most careful attention ; and not being able to discover any ferred to Tacubaya, with “a view to their general publi- possible benefit which may resnlt from their publication cation," which is claimed by him as an act of “jnstice to at this time ; on the contrary, finding in them many exthe Government from which they emanated;" Therefore, pressions, insinuations, and opinions, in the justice and

Resolved, That the injunction of secrecy be removed propriety of which the Senate do not concur, but regard from the said documents, so far as to permit the publica- the promulgation of the same as a measure which may be tion of the same, as containing the views of the late Exe- productive of much public detriment: Therefore, cutive of the United States : it being thereby declared

Resolved, That the said instructions be returned to the that such publication is not to be considered as the ex

Department of State :"

It was determined in the negative-yeas 9, nays 23. pression of an opinion on the part of the Senate, in rela

On motion of Mr. WEBSTER, the yeas and nays being tion to any of the principles avowed, or measures suggested in said instructions.”

desired by one-fifth of the Senators present,

Those who voted in the affirmative, are, The Senate proceeded to consider the motion ; and after debate,

Messrs. Dickerson, Dudley, Kane, Livingston, Smith, of

Maryland, Smith, of South Carolina, Tazewell, White, On motion of Mr. SMITH, of South Carolina, the Sen

Woodbury. ate adjourned.

Those who voted in the negative, are,

Messrs. Barnard, Barton, Benton, Bibb, Burnet, Chase, FRIDAY, MARCH 13, 1829.

Foot, Hendricks, Iredell, King, McKinley, McLane, of The Senate resumed the consideration of the motion Delaware, McLean, of Illinois, Marks, Noble, Robbins, subinitted yesterday by Mr. BENTON, relative to the in- Rowan, Ruggles, Sanford, Seymour, Tyler, Webster, structions to the ministers of the United States at Panama.

Willey. On motion of Mr. SMITH, of South Carolina, that it the resolution, by striking out all after the words Re

On motion of Mr. McLANE, of Delaware, to amend lie on the table, it was determined in the negative solved, That,” and inserting, “ the said message, and the yeas 6, nays 30. On motion of Mr. SMITH, the yeas and nays being the late Executive, be transferred to the Legislative Jour

documents accompanying it, as containing the views of desired by one-fifth of the Senators present, Those who voted in the affirmative, are,

nal of the Senate ; it being hereby declared that such Messrs. Dudley, Kane, Livingston, Rowan, Ruggles, opinion, on the part of the Senate, of the propriety of

transfer is not to be considered either expressive of an Smith, of South Carolina. Those who voted in the negative, are,

the said message, or of the Language used, the principle Messrs. Barnard, Barton, Bell, Benton, Bibb, Burnet, avowed, or the measures suggested, in said instructions :" Chase, Dickerson, Foot, Hendricks, Holmes, Iredell, taken on striking out, it was determined in the affirmative.

A division of the question was called for, and, being King, Knight, McKinley, McLane, of Delaware, McLean, of Illinois, Marks, Noble, Robbins, Sanford, Seymour, | amendment proposed to be inserted, by strikin

A motion was made by Mr. RUGGLES, to amend the

out the Silsbee, Smith, of Md., Tazewell, Tyler, Webster, White, following clause: "it being hereby declared that such Willey, Woodbury. On motion of Mr. HOLMES, the Senate adjourned.

transfer is not to be considered as the expression of an opinion, on the part of the Senate, of the propriety of

the said message, or of the language used, the principles Monday, March 16, 1829.

avowed, or measures suggested in said instructions :"

And it was determined in the negative-yeas 13, nays 19. The Senate resumed the consideration of the motion On motion of Mr. CHASE, the yeas and nays being submitted by Mr. BENTON on the 12th instant, respect demanded by one-fifth of the Senators present, ing the instructions to the ministers of the United States Those who voted in the affirmative, are, at the Congress of Panama.

Messrs. Barton, Burnet, Chase, Foot, Hendricks, Marks, A motion was made by Mr. WEBSTER, to amend Noble, Robbins, Ruggles, Sanford, Seymour, Webster, the same, by striking out all after the word “Resolved," | Willey. and inserting," That the message of the President of the Those who voted in the negative, are, United States, of the 3d of March last, transmitting the Messrs. Barnard, Benton, Bibh, Dickerson, Dudley, instructions given to the ministers of the United States Iredell, Kane, King, Livingston, McKinley, McLane, of at the Congress of Panama, and the documents accom Delaware, McLean, of Illinois, Rowan, Smith, of Marypanying it, be transferred to the Legislative Journal of the land, Sinith, of South Carolina, Tazewell, Tyler, White, Senate."

Woodbury.

Dec. 1 to 4, 1828.] First Proceedings in the House of Representatives.— The late Hedge Thompson.

(H. OF R.

A motion was made by Mr. WEBSTER. to amend the nate a copy of the instructions to the Ministers of the proposed amendment, by inserting, after the word, "pro United States appointed to attend at the assembly of priety," the words “ or impropriety."

American plenipotentiaries, first held at Panama, and And it was determined in the affirmative-yeas 21, , thence transferred to Tacubaya, with a view to their nays 11.

general publication, which is claimed by him as an act On motion of Mr. WEBSTER, the yeas and nays being of justice to the Government from which they emanadesired by one-fifth of the Senators present,

ted: Therefore, Those who voted in the affirmative, are,

Resolved, That the said message, and documents acMessrs. Barnard, Barton, Benton, Burnet, Chase, Dick- companying it, as containing the views of the late Execuerson, Dudley, Foot, Hendricks, Iredell, McLane, of tive, be transferred to the Legislative Journal of the SeDelaware, Marks, Noble, Robbins, Rowan, Ruggles, San nate ; il being hereby declared, that such transfer is not to ford, Seymour, Webster, Willey, Woodbury.

be considered as the expression of an opinion, on the part Those who voted in the negative, are,

of the Senate, of the propriety or impropriety of the said Messrs Bibb, Kane, King, Livingston, McKinley, message, or of the language used, the principles avowed, McLean, of Illinois, Smith, of Maryland, Smith, of South or measures suggested, in said instructions." Carolina, Tazewell, Tyler, White.

On motion of Mr. TAZEWELL, The amendment, thus amended, was then agreed to. Ordered, That the proceedings of the Senate, on the

On the question to agree to the original motion as subject of the message, transmitting the instructions to amended, it was determined in the affirmative-yeas 22, the Ministers of the United States at the Congress of Panays 10.

nama, be transferred to the legislative journal. On motion of Mr. KING, the yeas and nays being de On motion of Mr. SEYMOUR, that this message bə sired by one-fifth of the Senators present, those who voted | printed, in the affirmative, are,

It was determined in the negative-yeas 13, nays 18. Messrs. Barnard, Barton, Benton, Bibb, Burnet, Chase, On motion of Mr. KING, the yeas and nays being deDickerson, Dudley, Foot, Hendricks, Iredell, King, sired by one-fifth of the Senators present, those who voMcKinley, McLane, of Delaware, Marks, Noble, Robbins, ted in the affirmative, are, Ruggles, Sanford, Seymour, Webster, Willey.

Messrs. Barnard, Barton, Burnet, Chase, Foot, HenThose who voted in the negative, are,

dricks, Marks, Noble, Robbins, Sanford, Seymour, WebMessrs. Livingston, McLean, of Illinois, Rowan, Smith, ster, Willey. of Maryland, Smith, of South Carolina, Tazewell, Tyler, Those who voted in the negative, are, White, Woodbury.

Messrs. Benton, Bibb, Dickerson, Dudley, Iredell, So the resolution was agreed to as follows:

Kane, King, Livingston, McKinley, McLane, of Delaware, “ The late President of the United States having, by his McLean, of Illinois, Rowan, Smith of Maryland, Smith, message of the 3d March, 1829, communicated to the Se- of South Carolina, Tazewell, Tyler, White, Woodbury.

DEBATES IN THE HOUSE OF REPRESENTATIVES.

MONDAY, DECEMBER 1, 1828.

WEDNESDAY, Dec. 3, 1828. The House was called to order, at 12 o'clock, by the

On motion of Mr. LITLLE, of Maryland, an order Hon. ANDREW STEVENSON, the Speaker of the House. was passed for the appointment of the usual Standing ComThe roll being called over, one hundred and seventy

mittees. members and three delegates answered to their names.

The House then resolved itself into a Committee of the The usual messages were interchanged between the Whole House on the state of the Uuion; when the sevetwo Houses, and a Committee was appointed to wait upon

ral branches of the President's message were referred to the President of the United States.

different Standing and Select Committees. TUESDAY, Dec. 2, 1828.

THURSDAY, DEC. 4, 1828. Mr. VAN RENSSELAER, from the Committee ap

THE LATE HEDGE THOMPSON. pointed to wait upon the President of the United States, Mr. TUCKER, of New Jersey, rose, and addressed the and inform him that the two Houses were in session, &c. House as follows: reported that they had performed that duly, and the Presi Mr. SPEAKER: I rise to announce the unpleasant infordent replied he would make a communication to both mation of the death of one of my colleagues, Mr. HEDGE Houses this day at 12 o'clock.

THOMPSON. Though not long a member of this House, Soon after which, a message, with accompanying docu. those who had the pleasure of his acquaintance while here ments, was received from the President, by the hands of will bear me out in saying, that the worth of the deceased Mr. John Adams, his private secretary, (for which, see was of no common order. All who had the happiness of the Appendix.]

knowing him as well as did the humble individual upon The reading of the President's message being conclu whom has devolved the melancholy duty of addressing you ded, it was,

on this occasion, will bear me testimony that his characOn motion of Mr. TAYLOR, ordered to be committed ter combined an association of the most estimable qualito the Committee of the whole House on the state of ties of the human heart ; he had been afflicted by

disthe Union, and six thousand copies of the same, with the tressing and protracted disease of the liver, which termiaccompanying documents, ordered to be printed for the nated his journey of life, when he paid the great debt of use of the members of the House.

nature, at his residence in New Jersey, on or about the

H. of R.]

Cumberland Roud.-Luws of the United States.

(Dec. 5, 8, 1-28.

20th of August last. That the usual solemnity in this, as into the hands of individual purchasers, and the money in similar cases, may prevail, I move you, sir, the follow into the Treasury of the United States ; farms are opening, ing resolution ;

lowns are laying out, and villages springing up, and the Resolved, That as a testimony of respect for the mem

whole face of the country greatly improving, in anticipaory of HEDGE THOMPSON, deceased, late a member

tion of the opening and final completion of this great na. of this House, for the State of New Jersey, the members tional work. National I call it, sir : for, if any work of thereof will go into mourning by wearing crape on the internal improvement can properly be called national, left arm for thirty days.

this is surely of that character. The people consider The resolution was unanimously agreed to.

Congresss as pledged to proceed with this great and im

portant work, and I fatter myself their just expectations CUMBERLAND ROAD.

will not be disappointed. To such gentlemen as held

constitutional scruples on these subjects, I will merely Mr. SMITH, of Indiana, moved the following reso say, that this resolution, and the subject of inquiry, steers lution :

clear of the constitutional objections of the gentlemen ; it Resolved, That the Committee on Roads and Canals rests on other principles. Such being the case, as frequentbe instructed to inquire into the expediency of reporting ly admitted, as I believe, on this floor, I hope we shall a bill to authorize the opening of the Cumberland road have the co-operation of these gentlemen as well as those eighty feet wide on its present location through the State who, like myself, are not troubled with these constitutionof Indiana, by cutting off the timber, removing all obstruc- al objections on subjects involving the right to make works tions, and making temporary bridges, so as to let on the of internal improvement. I believe we have the power, travel, preparatory to turnpiking the same; and also, that and I am willing to exercise it for the benefit of the counsaid Committee inquire into the expediency of making an

try. It is not iny intention to go into the question at this appropriation of fifty thousand dollars for that purpose.

time, as it can answer no valuable purpose. I will merely Mr. SMITH then rose and said, that he was aware point gentlemen to the compact, and to the fact that that it was rather unusual to accompany a resolution, call the two per cent on the amount of the sales of public ing for an inquiry merely, with any remaiks. But he lands in the State of Illinois, which I consider pledged to must ask the indulgence of the House, and the ear of the this object, has already amounted to more than the sum Committee on Roads and Canals, while he remarked called for by the resolution. briefly on the objects of the resolution. There are few sub

I have felt it to be my duty, sir, to introduce this resojects, (said Mr. S.] I may say none, in which the citizens lution, and to make the remarks which I have submitted, at of the State from which I come, and particularly those more

this early period of the session, that the Committee may immediately affected by this road, either in fact or antici- have the subject under their consideration as early in the pation, are more deeply interested than in that embraced by session as possible, as I am very anxious that a bill may be this resolution. The Cumberland road being the grand reported, and finally pass during the session, which I am thoroughfare through which a great portion of the emigra- aware is to be a short one. tion, as well as the merchandize from the Atlantic States Mr. McLEAN moved to amend this resolution, by inand cities, must pass, by land, to the State of Indiana, and serting therein, after the word “ location,” these words, those States west, through which this road is intended to be " from Zanesville, by way of Columbus, in the State of located, it consequently becomes a matter of much impor- Ohio.” tance to our citizens, that it should be in healthy and active

Mr. SMITH declined accepting of this as a modification progress westward. It must be recollected by the House, of his resolution. So far as this road had gone into the and particularly by the Committee, that Mr. Knight, the State of Ohio, it had been made to follow the course of able commissioner, who run and marked the road through good roads already existing ; but in Indiana this was not the State of Indiana, in his report to Congress, at the last practicable, as no such roads lay in its contemplated session, warmly recommends the opening of this road in

course. Besides, the adoption of the amendment would the manner contemplated by the resolution. It would involve the necessity for an enlarged appropriation. seem almost unnecessary for me to add my entire concur

Mr. McLEAN considered this as nu valid objection to rence in the views of Mr. Knight on the subject, as his op

the amendment. The whole subject would remain withportunities, having examined the ground, for acquiring a

in the discretion of the Committee. As to what the genknowledge of the subject, not only as regards the geogra

tleman had observed as to the good roads in Ohio, he phy of the country, but as to the propriety of this pre

must certainly be under an erroneous impression. The paratory step, has been such, as to entiile his opinions to preparation contemplated by the resolution was as much the respectful consideration of this House and ihe Com- needed in that State as it could be in Indiana. mittee. It must be recollected by the House, that a bill The question being then put on the amendment, it was passed the Senate at the last session of Congress, author- adopted. izing the opening of the road as is contemplated by this

Mr. SMITH thereupon modified the original resoluresolution ; that the repeated efforts of myself and col- tion, so as to insert $100,000 instead of $50,000 ; in league, Col. BLAKE (Mr. JENNINGS being at that time un

which form the resolution was carried. fortunately confined to his bed by severe indisposition), to take up the bill out of its order, proved unavailing, and we were compelled to see the session close and the bill

FRIDAY, Dec. 5, 1828. not reached on the orders of the day. It will also be re The whole of this day was spent in the presentation of collected that I introduced a joint resolution of the Gen- petitions, and on motions for inquiry. Adjourned to eral Assembly of Indiana on this subject, which was refer- Monday. red to the Comunittee on Roads and Canals. It was indeed a subject of much regret to me that the bill of the last session did noi become a law, as the voice of my con

MONDAY, Dec. 8, 1828. stituents, which shall ever be my guide, called for every

LAWS OF THE UNITED STATES. exertion that could be made on my part to obtain the passage of the bill.

Mr. STRONG moved the following: Sir, since the location of this road by the commissioner, Resolved, That a Committee be appointed to ascertain a great portion of the public domain lying iminediately on the probable cost, economy, and advantages, of publishing the line of the same, and contiguous thereto, has passed a stereotype impression of the laws of the United States.

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