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He said: This is certainly a new and very interesting proposition. A committee of the Senate, for the first time in the history of this body, declare it inexpedient to fill a high judicial office, required by the constitution, and created by law. It is a naked resolution, unaccompanied by any report, or any reasons for its adoption; and I am, said he, left to learn the principles on which the recommendation is founded, from what has just fallen from the Chairman of the Committee. It is declared to be inexpedient to act upon the nomination of a Judge of the Supreme Court, because the President of the United States has been superseded in the late election, and that his office will expire on the 3d March. That the will of the people has been expressed, and that the Senate ought to obey that will; that there will be a want of that mutual confidence which ought to exist between the President and the officers charged to execute the laws; that the President has neglected to make this nomination in vacation, &c. The effect of the rule, or the principle, or the practice, or whatever it may be called, is to destroy the Executive power under the constitution, to the extent to which the rule goes, and as far as the principle of it extends, and as far as the practice under it may warrant any party to go in any future time.

[FEB 2, 1829.

his office. If this is a correct principle, it gives a different tenure of office from that prescribed by the constitution. If it is correct as to nominations, it must be so equally as to all his other duties. If it is a known rule, it is one on which the President ought to cease to act. If he has no right to make nominations, can he perform the higher duty of signing the laws and making treaties? If this principle is applicable to the President, is it not equally binding on the Senators who have been superseded? And will it not present a curious anomaly to see Senators sitting here to declare the powers of the President to have ceased, in a case and for a reason as strong in reference to themselves?

Was it ever contemplated by the framers of the constitution, that the President should, in any event not provided in the instrument itself, cease to act? Or can he cease to act, in any case, when the Vice President has not authority to take his place? And if the Senate can, because they have the power, declare a disqualification in this case, why may they not declare it in all other cases, and that the Vice President is authorized to act for him? The moment you depart from the constitution, and begin an attack upon the other departments of the Government, you commence a conflict of authority where there is no The constitution has divided the powers of Govern- 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- may 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 duty prescribed by the constitution. The democracy for a written compact, which they, for the duty of the Senate is confined to an inquiry into the cha-wisest purposes, have sworn not to violate. The moment racter 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 both. riff, and other acts, all of which have, at different times, emanated from the Representatives of the people? The will of the people is great and commanding, and to which we must all bow with respect and reverence; but that will, to be rightful, must be within its proper sphere, and never in derogation of that higher will they have exerted in forming the principles of this Confederation.

But let us inquire into the reasons of this innovation on the constitution. Before the expiration of the Presidential term, the Senate refuse to act upon a nomination, upon an exception to the exercise of the power by the President, arising from his having been superseded by the election of another, to take effect upon the termination of

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people have a permanent interest in the stability of the Government; but if every fluctuation of opinion, and every change of rulers, and every popular election, can change its principles, it will become what all wise men have dreaded-too weak for the strong, too strong for the weak.

It is urged, in the argument, that there will not be "that mutual confidence which ought to exist between the President and the officer." Mr. J. said that he could not perceive how a difference of opinion in the late election could destroy confidence in the integrity, ability, or learning of a judge. He saw nothing in this which was not applicable to all the other judges. But, he said, the Judiciary is a co-ordinate branch of the Government, equal, in its proper sphere, to the Executive, and, in the theory of the constitution, intended to be independent. They do not act together-no confidence is expected. Indeed, if any fears have been entertained, or any jealousy expressed of the Judiciary, it is from the apprehension that they may sympathize too strongly with the powers that be. Here the connexion with the present rulers is about to cease; and they will stand independent and free from any influence of the Executive.

The course recommended by the Committee has been justified by charging the President with neglect, and imputing unworthy motives in not making the appointment in vacation. Mr. Trimble died in Kentucky in August; the first recommendations are dated 28th August, and the last, from Frankfort, on the 18th September; these arrived at Washington from the 15th to the last of September. With a proper respect for the States, and the persons having claims to the office, he could not have proceeded before the first of October to decide on the claims of the parties, and it would have been the middle of October before the appointment could have been received. There would have been sixty days between the appointment, and about forty-five days between the receipt of the commission and the session of the Senate. It is a very high and permanent office, requiring great ability, in which three large States are particularly concerned, and the whole Union interested. Under such circumstances, it would be indelicate to make an appointment and leave the Senate under the necessity of confirming it, or the painful and

ungracious task of rejecting a judge already on the bench,

and in the exercise of his office.

The President has deemed it more respectful to the Senate to leave them free to act upon the nomination.

[SENATE.

The propriety and the delicacy of naming a judge to this high office, on the sole will of the President, only sixty days before the meeting of Congress, may well be questioned. The discretion vested in him has been wisely exerted, and with the most elevated purpose. His conduct, for the benefit of the example, should have been justly appreciated and commended. If he had made the nomination, then we should have heard of the corruption of Executive patronage. Then the confirmation would have been withheld, because he had, in the heat of the political contest, thrown in his official influence. He stood aloof from the struggle; but he could not by any course have avoided the unworthy motives ascribed to him.

But can the Senate, an independent body, acting on its own responsibility, justify a violation of its express duty, under the plea that the President has neglected to perform his? If he has too long delayed it, it becomes an additional motive to act promptly on it.

But to what condition have we reduced the country, and for what consequences are we not responsible? This nomination was made the 17th December, and in time to enable the Judge to attend the session of the Supreme Court. The Committee have held it for six weeks under advisement. For what purpose? In the mean time, the Supreme Court have been obliged to adjourn from day to day, and when a bare quorum is formed, they are unable to decide on any cause involving any great principles. The Senate have assumed an undue responsibility, for which they cannot acquit themselves before the country. They are deviating from the meaning and spirit of the constitution; they are refusing to carry the laws into effect; they are accumulating all the patronage of the Government to augment the power and influence of the Executive, to subserve the views and interests of a dominant party. But this is not all; they are setting an example, which, in worse times, will lead to dangerous abuses of power and more fatal innovations on the constitution.

Note by the publishers.-There were, doubtless, speeches made by gentlemen on the other side of the question; but it is well known that speeches made in secret session must be furnished by the speakers themselves, or they cannot be published. Not having been furnished with any other than the foregoing, the publishers can of course give none other.

PROCEEDINGS AT EXTRA SESSION.

THURSDAY, MARCH 5, 1829.
DOCUMENTS-PANAMA MISSION.

The following message from the President of the United States, received and considered the third instant, in legislative session, was, at that time, on motion of Mr. TAZEWELL, ordered to be transferred, with the accompanying documents, to the Executive Journal:

To the Senate and House of Representatives of the United States of America.

WASHINGTON, 3d MARCH, 1829. I transmit herewith to Congress a copy of the instructions prepared by the Secretary of State, and furnished to the ministers of the United States appointed to attend to the assembly of American plenipotentiaries, first held at Panama, and thence transferred to Tacubaya. The occasion for which they were given has passed away, and there is no present probability of the renewal of those negotiations; but the purposes for which they were intended are still of the deepest interest to our country and to the

world, and may hereafter call again for the active energies of the Government of the United States. The motive for

withholding them from general publication having ceased, justice to the Government from which they emanated, and to the people for whose benefit it was instituted, require that they should be made known. With this view, and from the consideration that the subjects embraced by those instructions must probably engage hereafter the consideration of our successors, I deem it proper to make this communication to both Houses of Congress. One copy only of the instructions being prepared, I send it to the Senate, requesting that it may be transmitted also to the House of Representatives.

JOHN QUINCY ADAMS.

TUESDAY, MARCH, 10, 1829. Mr. BENTON submitted the following motion: Ordered, That the message of the President of the United States, transmitting to the Senate the instructions to the ministers of the United States to the Congress at Panama,

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with the accompanying documents, be referred to the Committee appointed the 5th instant.

The Senate proceeded to consider the motion; and, after debate,

On motion of Mr. SMITH, of Maryland, the Senate adjourned.

THURSDAY, MARCH 12, 1829.

The Senate resumed the consideration of the motion made on the 10th instant, to refer the message transmitting the instructions to the ministers of the United States at Panama, to a Select Committee.

Mr. BENTON had leave to withdraw the motion, and submitted the following as a substitute :

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The late President of the United States having, by his message of the 3rd of March, 1829, communicated a copy of the instructions to the ministers of the United States appointed to attend at the assembly of American plenipotentiaries, first held at Panama, and thence transferred to Tacubaya, with a view to their general publication," which is claimed by him as an act of "justice to the Government from which they emanated?" Therefore, "Resolved, That the injunction of secrecy be removed from the said documents, so far as to permit the publication of the same, as containing the views of the late Executive of the United States: it being thereby declared that such publication is not to be considered as the expression of an opinion on the part of the Senate, in relation to any of the principles avowed, or measures suggested in said instructions."

The Senate proceeded to consider the motion; and after debate,

[MARCH 12, 13, 16, 1829.

A division of the question was called for by Mr. KING, and being taken on striking out,

It was determined in the negative-yeas 13, nays 19. On motion of Mr. BARNARD, the yeas and nays bein g desired by one-fifth of the Senators present, Those who voted in the affirmative, are,

Messrs. Barton, Burnet, Chase, Foot, Hendricks, Marks, Noble, Robbins, Ruggles, Sanford, Seymour, Webster, Willey.

Those who voted in the negative, are,

Messrs. Barnard, Benton, Bibb, Dickerson, Dudley, Iredell, Kane, King, Livingston, McKinley, McLane, of Delaware, McLean, of Illinois, Rowan, Smith, of Maryland, Smith, of South Carolina, Tazewell, Tyler, White, Woodbury.

On motion of Mr. TAZEWELL,

To amend the resolution by striking out all after the word" emanated," and inserting the following: "The Senate having bestowed upon the said instructions the most careful attention; and not being able to discover any possible benefit which may result from their publication at this time; on the contrary, finding in them many expressions, insinuations, and opinions, in the justice and propriety of which the Senate do not concur, but regard the promulgation of the same as a measure which may be productive of much public detriment: Therefore,

"

Resolved, That the said instructions be returned to the Department of State :"

It was determined in the negative-yeas 9, nays 23. desired by one-fifth of the Senators present, On motion of Mr. WEBSTER, the yeas and nays being

Those who voted in the affirmative, are,

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

On motion of Mr. SMITH, of South Carolina, the Sen- Maryland, Smith, of South Carolina, Tazewell, White, Woodbury. ate adjourned.

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The Senate resumed the consideration of the motion submitted by Mr. BENTON on the 12th instant, respecting the instructions to the ministers of the United States at the Congress of Panama.

A motion was made by Mr. WEBSTER, to amend the same, by striking out all after the word "Resolved," and inserting," That the message of the President of the United States, of the 3d of March last, transmitting the instructions given to the ministers of the United States at the Congress of Panama, and the documents accompanying it, be transferred to the Legislative Journal of the Senate."

Those who voted in the negative, are,

Messrs. Barnard, Barton, Benton, Bibb, Burnet, Chase, Foot, Hendricks, Iredell, King, McKinley, Mc Lane, of Delaware, McLean, of Illinois, Marks, Noble, Robbins, Rowan, Ruggles, Sanford, Seymour, Tyler, Webster, Willey.

On motion of Mr. McLANE, of Delaware, to amend the resolution, by striking out all after the words “ Resolved, That," and inserting, "the said message, and the the late Executive, be transferred to the Legislative Jourdocuments accompanying it, as containing the views of nal of the Senate; it being hereby declared that such opinion, on the part of the Senate, of the propriety of transfer is not to be considered either expressive of an the said message, or of the Language used, the principle avowed, or the measures suggested, in said instructions:" taken on striking out, it was determined in the affirmative. A division of the question was called for, and, being amendment proposed to be inserted, by striking out the A motion was made by Mr. RUGGLES, to amend the following clause: "it being hereby declared that such 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 avowed, or measures suggested in said instructions:"

And it was determined in the negative-yeas 13, nays 19. On motion of Mr. CHASE, the yeas and nays being demanded by one-fifth of the Senators present, Those who voted in the affirmative, are,

Messrs. Barton, Burnet, Chase, Foot, Hendricks, Marks, Noble, Robbins, Ruggles, Sanford, Seymour, Webster, Willey.

Those who voted in the negative, are,

Messrs. Barnard, Benton, Bibb, Dickerson, Dudley, Iredell, Kane, King, Livingston, McKinley, McLane, of Delaware, McLean, of Illinois, Rowan, Smith, of Maryland, Sinith, of South Carolina, Tazewell, Tyler, White, Woodbury.

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

A motion was made by Mr. WEBSTER. to amend the proposed amendment, by inserting, after the word, " propriety," the words " or impropriety."

And it was determined in the affirmative-yeas 21, nays 11.

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[H. OF R.

nate a copy of the instructions to the Ministers of the United States appointed to attend at the assembly of American plenipotentiaries, first held at Panama, and thence transferred to Tacubaya, with a view to their 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,

Messrs. Barnard, Barton, Benton, Burnet, Chase, Dickerson, Dudley, Foot, Hendricks, Iredell, McLane, of Delaware, Marks, Noble, Robbins, Rowan, Ruggles, Sanford, Seymour, Webster, Willey, Woodbury.

Those who voted in the negative, are,

Messrs Bibb, Kane, King, Livingston, McKinley, McLean, of Illinois, Smith, of Maryland, Smith, of South Carolina, Tazewell, Tyler, White.

The amendment, thus amended, was then agreed to. On the question to agree to the original motion as amended, it was determined in the affirmative-yeas 22, nays 10.

On motion of Mr. KING, the yeas and nays being desired by one-fifth of the Senators present, those who voted in the affirmative, are,

Messrs. Barnard, Barton, Benton, Bibb, Burnet, Chase, Dickerson, Dudley, Foot, Hendricks, Iredell, King, McKinley, McLane, of Delaware, Marks, Noble, Robbins, Ruggles, Sanford, Seymour, Webster, Willey.

Those who voted in the negative, are,

Messrs. Livingston, McLean, of Illinois, Rowan, Smith, of Maryland, Smith, of South Carolina, Tazewell, Tyler, White, Woodbury.

So the resolution was agreed to as follows:

"The late President of the United States having, by his message of the 3d March, 1829, communicated to the Se

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Resolved, That the said message, and documents accompanying it, as containing the views of the late Executive, be transferred to the Legislative Journal of the Senate; it being hereby declared, that such transfer is not to be considered as the expression of an opinion, on the part of the Senate, of the propriety or impropriety of the said message, or of the language used, the principles avowed, or measures suggested, in said instructions."

On motion of Mr. TAZEWELL,

Ordered, That the proceedings of the Senate, on the subject of the message, transmitting the instructions to the Ministers of the United States at the Congress of Panama, be transferred to the legislative journal.

On motion of Mr. SEYMOUR, that this message bə printed,

It was determined in the negative-yeas 13, nays 18. On motion of Mr. KING, the yeas and nays being desired by one-fifth of the Senators present, those who voted in the affirmative, are,

Messrs. Barnard, Barton, Burnet, Chase, Foot, Hendricks, Marks, Noble, Robbins, Sanford, Seymour, Webster, Willey.

Those who voted in the negative, are,

Messrs. Benton, Bibb, Dickerson, Dudley, Iredell, Kane, King, Livingston, McKinley, McLane, of Delaware, McLean, of Illinois, Rowan, Smith of Maryland, Smith, of South Carolina, Tazewell, Tyler, White, Woodbury.

DEBATES IN THE HOUSE OF REPRESENTATIVES.

MONDAY, DECEMBER 1, 1828.

The House was called to order, at 12 o'clock, by the Hon. ANDREW STEVENSON, the Speaker of the House. The roll being called over, one hundred and seventy members and three delegates answered to their names.

The usual messages were interchanged between the two Houses, and a Committee was appointed to wait upon the President of the United States.

TUESDAY, DEC. 2, 1828.

Mr. VAN RENSSELAER, from the Committee appointed to wait upon the President of the United States, and inform him that the two Houses were in session, &c. reported that they had performed that duty, and the President replied he would make a communication to both Houses this day at 12 o'clock.

Soon after which, a message, with accompanying documents, was received from the President, by the hands of Mr. John Adams, his private secretary, [for which, see the Appendix.]

The reading of the President's message being concluded, it was,

On motion of Mr. TAYLOR, ordered to be committed to the Committee of the whole House on the state of the Union, and six thousand copies of the same, with the accompanying documents, ordered to be printed for the use of the members of the House.

WEDNESDAY, DEC. 3, 1828.

On motion of Mr. LITLLE, of Maryland, an order was passed for the appointment of the usual Standing Committees.

The House then resolved itself into a Committee of the Whole House on the state of the Uuion; when the several branches of the President's message were referred to different Standing and Select Committees.

THURSDAY, DEC. 4, 1828.

THE LATE HEDGE THOMPSON. Mr. TUCKER, of New Jersey, rose, and addressed the House as follows:

Mr. SPEAKER: I rise to announce the unpleasant information of the death of one of my colleagues, Mr. HEDGE THOMPSON. Though not long a member of this House, those who had the pleasure of his acquaintance while here will bear me out in saying, that the worth of the deceased was of no common order. All who had the happiness of knowing him as well as did the humble individual upon whom has devolved the melancholy duty of addressing you on this occasion, will bear me testimony that his character combined an association of the most estimable qualities of the human heart; he had been afflicted by a distressing and protracted disease of the liver, which terminated his journey of life, when he paid the great debt of nature, at his residence in New Jersey, on or about the

H. OF R.]

Cumberland Road.-Laws of the United States.

20th of August last. That the usual solemnity in this, as in similar cases, may prevail, I move you, sir, the following resolution;

Resolved, That as a testimony of respect for the memory of HEDGE THOMPSON, deceased, late a member of this House, for the State of New Jersey, the members thereof will go into mourning by wearing crape on the left arm for thirty days.

The resolution was unanimously agreed to.

CUMBERLAND ROAD.

Mr. SMITH, of Indiana, moved the following resolution :

[DEC. 5, 8, 1828.

I have felt it to be my duty, sir, to introduce this resolution, and to make the remarks which I have submitted, at this early period of the session, that the Committee may have the subject under their consideration as early in the session as possible, as I am very anxious that a bill may be reported, and finally pass during the session, which I am aware is to be a short one.

into the hands of individual purchasers, and the money into the Treasury of the United States; farms are opening, towns are laying out, and villages springing up, and the whole face of the country greatly improving, in anticipation of the opening and final completion of this great national work. National I call it, sir: for, if any work of internal improvement can properly be called national, this is surely of that character. The people consider Congresss as pledged to proceed with this great and important work, and I flatter myself their just expectations will not be disappointed. To such gentlemen as held constitutional scruples on these subjects, I will merely say, that this resolution, and the subject of inquiry, steers 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 reportingly 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 I believe we have the power, tions, and making temporary bridges, so as to let on the of internal improvement. 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 my 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 remarks. 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 subjects, [said Mr. S.] I may say none, in which the citizens of the State from which I come, and particularly those more immediately affected by this road, either in fact or anticipation, are more deeply interested than in that embraced by this resolution. The Cumberland road being the grand thoroughfare through which a great portion of the emigration, as well as the merchandize from the Atlantic States and cities, must pass, by land, to the State of Indiana, and those States west, through which this road is intended to be located, it consequently becomes a matter of much importance to our citizens, that it should be in healthy and active progress westward. It must be recollected by the House, and particularly by the Committee, that Mr. Knight, the able commissioner, who run and marked the road through the State of Indiana, in his report to Congress, at the last session, warmly recommends the opening of this road in the manner contemplated by the resolution. It would seem almost unnecessary for me to add my entire concurrence in the views of Mr. Knight on the subject, as his opportunities, having examined the ground, for acquiring a knowledge of the subject, not only as regards the geography of the country, but as to the propriety of this preparatory step, has been such, as to entitle his opinions to the respectful consideration of this House and the Committee. It must be recollected by the House, that a bill passed the Senate at the last session of Congress, authorizing the opening of the road as is contemplated by this resolution; that the repeated efforts of myself and colleague, Col. BLAKE (Mr. JENNINGS being at that time unfortunately 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 not reached on the orders of the day. It will also be recollected that I introduced a joint resolution of the General Assembly of Indiana on this subject, which was referred to the Committee on Roads and Canals. It was indeed a subject of much regret to me that the bill of the last session did not become a law, as the voice of my constituents, which shall ever be my guide, called for every exertion that could be made on my part to obtain the passage of the bill.

Sir, since the location of this road by the commissioner, a great portion of the public domain lying immediately on the line of the same, and contiguous thereto, has passed

Mr. McLEAN moved to amend this resolution, by inserting therein, after the word "location," these words, from Zanesville, by way of Columbus, in the State of Ohio."

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Mr. SMITH declined accepting of this as a modification of his resolution. So far as this road had gone into the State of Ohio, it had been made to follow the course of good roads already existing; but in Indiana this was not practicable, as no such roads lay in its contemplated course. Besides, the adoption of the amendment would involve the necessity for an enlarged appropriation.

Mr. McLEAN considered this as no valid objection to the amendment. The whole subject would remain within the discretion of the Committee. As to what the gentleman had observed as to the good roads in Ohio, he must certainly be under an erroneous impression. The preparation contemplated by the resolution was as much needed in that State as it could be in Indiana.

The question being then put on the amendment, it was adopted.

Mr. SMITH thereupon modified the original resolution, so as to insert $100,000 instead of $50,000; in which form the resolution was carried.

FRIDAY, DEC. 5, 1828.

The whole of this day was spent in the presentation of petitions, and on motions for inquiry. Adjourned to Monday.

MONDAY, DEC. 8, 1828.

LAWS OF THE UNITED STATES.
Mr. STRONG moved the following:

Resolved, That a Committee be appointed to ascertain the probable cost, economy, and advantages, of publishing a stereotype impression of the laws of the United States.

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