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SENATE.]

older lieutenants should be raised, he did not see why the increase should also be given to the younger officers. If, however, the Senate should think differently, he should merely content himself to vote as he saw fit. But he believed the gentlemen who had charge of the bill were mistaken in their views in endeavoring to assimilate the pay of the Navy and Army. Mr. HARRISON said, that the idea of the gentleman from New Hampshire was a mistaken one in relation to the brevet rank of the Army. Brevetted officers received no additional pay except in some particular instances. He knew an officer who received, during the last war, the brevet rank of major, and who never to this day received a farthing above his captain's pay. It was a grade which did not necessarily bring with it any additional emolument. The idea of it, in the English service, from which our Army borrowed it, was, that it was a part of a progressive promotion ; and, during our late war, it was principally employed as a token of honor bestowed on officers who had distinguishcd themselves. As to our Naval officers, he would remark, that their situation required that they should sup. port the appearance of gentlemen. When they go abroad, a comparison must take place between them and foreign officers, which is much to the advantage of the latter. They ought to be placed on the same footing, and be able to cqual in appearance, and return the courtesies shewn them hy foreigners. They had lived for many years on hope, and they began to fear that hope deferred was always to be their lot. He entirely agreed with the gentleman from Tennessee, in his remarks of yesterday, as to the comparative duties and pay of the officers of the Navy and other persons in the public employments. He believed they were deserving, and trusted their deserts would not any longer be neglected. Mr. McLANE observed, that he was in favor of increasing the pay of these officers, but averse, to doing it according to the time of service. It was admitted, on all hands, that the disparity between the pay of the Army and Navy was very great ; and it was not pretended that that of the Army was too high. He did not supposc that, in fixing the pay of the officers of either, it was intended to remuncrate them for actual services—that was impos. sible—but to cherish those men whose devotion to their country would be proved in the event of another war. The principle on which they acted was of a higher nature than to admit the supposition that their services and fidelity were to be bought for a price. The object, then, of the bill was to support these men honorably and liberal. ly in time of peace, whose lives were to be risked, in case of a war, for our defence. Now, sir, said Mr. McL, if the officers of the Army do not receive too much, why should we not advance the pay of those of the Navy I look upon the Navy as the most important arm of our national defence; and we ought to cherish it in the prospect of its future services... I do not intend to disparage the Army, nor am I insensible to its merits, or forgetful of the many brave officers it has produced. But I must say, that, from the peculiar situation of the country, the Navy is the most important branch of our war establishment. Yet this im. H. branch of service is comparatively neglected. he officers of our Army are brought up in the Military - Academy, and are then introduced at once into actual service. The young Naval officer must, on the contrary, educate himself from his own books, and depend on his limited opportunities for improvement. And, when he has toiled through all these difficulties, left in a manner to himself, and arrives at a higher grade, what does he receive 2 A sum, even if this bill should pass, much less than the pay of the Army officer, who has been educated at the expense of the Government. But it has been said, that he has a chance of sharing prize money. That, cer. tainly was not the case during a peace and, setting that consideration aside, he would repeat that this was not the

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principle on which they should be treated. They should be cherished and encouraged in a time of peace, so as to create the materials for efficient defence in war. Prize money was the reward of their own gallantry. It cost the country nothing, and was essentially the property of the captors. What is the object of sustaining these in: dividuals in peace, at all It is, that, when war comes, their Folloy may be at our disposal. What are you now asked to do To raise their pay to an equality with that of the officers of the Army. And why should this increase be confined to those who have served ten years 2 To me, said Mr. McL. that class seem rather less entitled to it than the junior officers. The former have arrived at a point nearer promotion, if their services have been me. ritorious, and will sooner be made captains ; while the latter have a long series of years before them of hard ser: vice, with little prospect of immediate promotion. If the object was to cherish the Navy, we ought, at least, to make the officers comfortable, and give them a genteel subsistence. These were the grounds on which he should vote for the bill ; and, wishing to see the Army and Navy placed on an equal footing, he was in favor of the motion of the gentleman from Georgia, to recommit. Mr. WOODBURY observed, that it was immaterial to him what course the bill took. As to that portion of the motion of the gentleman from Georgia, which related to the pay of the surgeons, he thought it superfluous, as the subject was about to be reported upon by the Committee on Naval Affairs; and he understood their object to be, to change the whole system. As to the proposition to place all the lieutenants on the same footing, as to pay, he would observe, that there was this difference between the officers of the Army and Navy : The rank of those in the latter service was the same in their separate grades. It was not so in the former : a captain, for instance, whose commission bore a certain date, and who has served a certain number of years, ranks as a major by breveti yet the pay of a captain does not increase according to his brevet rank. But he apprehended that the Scnate could not consider the proposition to advance the pay of all the lieutenants without revising the whole system; and, if that was done, regard ought to be had to the recom. mendations of the individual at the head of the department. And he had already confined his recommendations to the lieutenants who had served ten years. He, there. fore, was in favor of the bill as it stood. The gentleman from Ohio had mistaken him, Mr. W., in supposing he was of opinion that the brevet rank entitled an officer to an increased pay. He had only intended to argue that it was a distinction which operated as a stepping-stone to promotion, and was confined by the mere force of time. The gentleman from Ohio being a military man, he had not thought it necessary to explain minutely his views on this head, Mr. BERRIEN said, that the clearness with which the gentleman from Maryland [Mr. Smith] had treated this subject yesterday, obviated any necessity on his, Mr. B.'s, part, to say much upon it. But, as to his proposition, he would say one word. A number of the lieutenants of the Navy had presented to the Senate a memorial, appealing, not to the generosity, but to the justice of the country, in a manner which ought not to be neglected. The bill now be: fore the Senate had come from the Committee without are: port. By this bill, the prayer of the petitioners was not granted ; it was passed by, and a distinct proposition. made, in such a manner as to cut off a large number of meritorious officers, in the same grade, from a participa: tion in the benefits to be conferred by the measure. It was not his object to oppose the bill, but to obtain a recommittal, in order to ascertain whcther the lieutenants of the Navy had not been raised to a rank requiring the performance of a duty, and the assumption of a responso bility, for which they had not been rewarded, and for which their present pay was inadequate. It had been

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shewn that they were placed on a different footing from officers of the same rank in the Army; but it had not been shewn why this disparity should exist. What, he would ask, is the object of pay to those who serve in the defence of their country Is it to tender a certain amount of pur. chase money for certain specific services Or is it to enable these officers to enjoy the intercourse of polished life’. He thought we need not go so far, but stop at the simple declaration that it was given as an expression, on the part of the Government, of the value of their services. The object of his motion was to inquire, whether their rank ought to place their compensation on an equal footing with the lieutenants of the Army 5 and, if so, that it might be given to them. The committee had reported a bill by which the increase of compensation would only be given to those who should have served a certain number of years; yet it was not shewn that this would place them on the same footing with the captains of the Army. No one would doubt the truth of the remark of the gentleman from Delaware, that the Navy ought to be cherished. it was his own sentiment also ; and, from that feeling, he was desirous of inquiring into the merits of their case, in order that they might be placed in a situation equally advantageous with that enjoyed by their equals in rank in the military service. As to that portion of his motion which related to the surgeons, he had not the slightest objection, since the explanations that had been made by the gentlemen from New Hampshire and South Caro. fina, so to modify his proposition as to leave that subject to the specific consideration of the committee. But he was still desirous of pressing the other portion, as the motion of his friend from Maryland did not meet the whole object which he, Mr. B., had in view. Mr. HAYNE said, that this proposition was different from that of his friend from Maryland. He had not been prepared to meet it, because, until now, he supposed that, apart from the subject of the surgeons, the two motions were similar. The object of the gentleman from Georgia was to equalize the pay of the lieutenants with that of the captains of the Army. He would merely state the effect of this measure. The addition of pay, should this motion prevail, would be twenty dollars per month, while the bill proposes to give only ten. On the relative expediency of these propositions the Senate would deside. The pay of a captain of the Army was now 1,081 dollars; that of the lieutenant of the Navy, with the increase proposed by this bill, would be 960 dollars; so that there still remained a distinction between their pay of 121 dollars. Whether it would be proper to go so far in the increase of the compensation of the lieutenants, he would leave to the Senate, contenting himself with this explanation. The question was then put on Mr. BERRIEN'S motion, is modified by him, and it was rejected without a division. The motion of Mr. SMITH, of Maryland, to amend the *by striking out the words “who shall have served ten ** such,” so as to make the increase of pay appli*ble to all the lieutenants of the Navy, was agreed to.

Mr. CHAMBERS said, that he acquiesced in the proPoy of the remark of his colleague, that all the officers "the same grade ought to receive the same pay. He * now submit an amendment which would, he *ght, equalise the compensation of the officers of cor*Ponding rank in the Army and Navy. He would move * insert in the first section these words: “and, atter ten o service, each lieutenant shall receive an additional on of ten dollars per month, and one additional ration oy.” If this amendment were adopted, it would o: the emolument of the lieutenants of the Navy who *rved ten years, the same as that of a captain of the * * needed not to be stated to the senate, that the services of these officers were arduous in the extreme, and that their rank exposed them to expenses which their

present compensation would not enable them to bear. He hoped that the Senate would agree with him, that such long services and deprivations merited the increase which he proposed to give them.

Mr. CHANDLER said, that, if he understood the gentleman, his intention was, first to raise the pay of all the lieutenants ten dollars per month, and then to raise it ten dollars more at the end of ten years' service. He was entirely opposed to the proposition.

The motion of Mr. CHAMBERS was then negatived without a division, and the bill was ordered to be engrossed for a third reading.

Tuesday, JANUARY 22, 1828. Lieut"ENANTS IN THE NAVY. The bill to increase the pay of Lieutenants in the Navy was read a third time. Mr. MACON made a few remarks upon the bill, in the course of which he observed, that it was not a time to in. crease the expenditure of the Government, as, in the part of the country where he resided, money was never scarcer, nor times harder, than now. He had observed, that it was always a good time to raise compensations, but never a good time to reduce them. He should say no more than that he should vote against the bill. The question then occurring on the passage of the bill, the Yeas and Nays were asked by Mr. BATEMAN, whose call being sustained, the bill passed by the following vote: YEAS–Messrs. Barnard, Barton, Bell, Benton, Bouligny, Branch, Chambers, Chase, Eaton, Ellis, Foot, Harrison, Hayne, Johnson of Ky., Johnston, of Lou., Kane, King, McLane, Marks, Noble, Ridgely, Robbins, Rowan, Sanford, Silsbee, Smith of Md., Tyler, White,Willey—29. NAYS—Messrs. Bateman, Chandler, Cobb, Dickerson, Hendricks, Macon, Parris, Ruggles, Seymour, Smith of S. C., Thomas, Williams, Woodbury—13. CUMBERLAND ROAD. The bill making appropriations for the completion of the Cumberland Road from Bridgeport to Zanesville, in Ohio, and to cause a survey to be made of the route of the same, from Zanesville, to the Seat of Government in the State of Missouri, was taken up. Mr. HENDRICKS did not suppose that it would be necessary, or that the Senate were disposed, to go into an argument on the principles of the bill. To press such remarks at this period would be needless and impolitic. It had been the policy of the Commissoners to let parts of the road remain in an unfinished situation; and this bill provided for the completion of twenty-three miles, terminating at Zanesville, which had been left in this condition. He did not think it necessary to argue upon the obligation of Congress to give this appropriation.

. That, he believed, had been fully established on former

occasions. It was now necessary that the work should progress speedily, as the road, to a certain extent, had been made, and in its partly finished state would suffer damage, if the work were not gone on with. Mr. CHANDLER inquired what amount of the two per cent. on sales of public lands had been applied to the construction of this road. Mr. RUGGLES said that it would be difficult to answer the question. In 1807, the law had passed, authorizing the application of two per cent. on the sales of laud, to the construction of the road. This two per cent. on the actual sales made in Ohio, had already been absorbed, and a large sum besides. But he did not consider Congress restricted in this matter. It was a great National work, and had been acted upon as such, and appropriations had been made to carry it on independently of the two per cent. The road had now gone beyond the Ohio river, and was progressing towards the State of Missouri, into which it would in a few years penetrate. To stop, seemed now out of the question. The Commissioner of

Cumberland Road.

[JAN. 22, 1828.

SENATE.]

the Land Office had made a statement of the amount of
the two per cent. on lands in the State of Ohio, which
would be about two millions when all the lands were sold.
When this sum would be realized, he did not know. It
was not his computation, but that of the General Govern-
ment. The law had been passed to carry on the work to
Zanesville ; and this appropriation was only to complete
what had been begun under that law. He did not sup-
pose there would be any opposition to an appropriation
for such an object—as the time for opposing it, if ever,
was at the first agitation of the measure. The greater
portion of this great national work was completed, and
would only require some care on the part of the Super-
intendent. It had been done in the best manner, and was
covered with stone not over four ounces in weight; the
surface had become consolidated, and made a firm and
durable road. There was a balance of the work, of about
twenty miles, from Bridgewater to Zanesville, yet to be
completed, and, for that, this appropriation was to be made.
The labor must be done gradually, as, if the stones were
immediately covered with earth, they would settle and
make holes. For this reason, Congress had, formerly,
made such appropriations as the different stages of the
work required. But it was now necessary to provide a
sum sufficient to complete the road, and to cover all the
little repairs that would be required. This section of the
road was through a clay soil, and was very difficult to be
worked upon, so as to form a solid and permanent work.
The advantage of the road would be found to be very
great ; and one fact might be mentioned in relation to its
effects as felt by the Government itself. Formerly, on this
route, the mail contractors received eighty dollars a mile,
while at present, they contract to carry the mail for thirty
dollars—making a saving of fifty dollars. He hoped the
bill would not meet with opposition that would require an
elaborate debate upon it; and the time of the Senate
might be spared.
Mr. CHANDLER was not satisfied with the answer
given. He wished to know how much had been receiv-
ed and expended, that they might know what to depend
upon hereafter.
Mr. BRANCH made some remarks in opposition to the
bill, and reflected on the manner in which appropriations
had been distributed among the several States.
Mr. COBB said he had once discussed this subject;
and he had no desire to do it again : But he could not
refrain from noticing a document which lay on the table,
and which gave an enormous sum as necessary for the re-
pairs of the road. It stated that it would cost only four
hundred thousand dollars if repaired on the M*Adam’s
system. lf what had been done, already, required so large
a sum for repairs, was it not incumbent on the Senate
to consider what the repairs of the road, when extended |
to the Seat of Government of Missouri, would cost? And
also the continual charge, for repairs, of the projected
road from Maine to New Orleans. Now, sir, said Mr. C.,
what enormous amounts will it not require to keep these
great works annually in repair. ...Why do not the friends

Carolina, because he had never refused to vote for any
appropriation, for purposes similar to this, let them be
in what part of the Union they might. Let any rational
project be brought forward, and he would cheerfully vote
for it. The gentleman from North Carolina seemed to
blame the Western States, because internal improvements
had not been made in his State. But, said Mr. H., we could
not originate any measure of the kind, because we did not
know the localities. In all these questions it was neces.
sary to inquire whether the work was, or was not, a na.
tional one. Let that question be decided, and he believed
the gentleman from North Carolina might be sure of the
aid of all the Western members. The State of Ohio was
now constructing a great National Canal, to which she
looked for highly beneficial results. She did not derive
any great benefit from the Cumberland road, and had not
asked much aid. The United States at large would de-
rive more good from it by far, than his State, or indeed
the Western States separately. It was a national object,
highly valuable to the General Government, under many
considerations. It enhanced the value of the public lands,
and accelerated the progress of settlements upon them.
It was, also, one of the great links by which this country
was bound together. Had the gentleman from North
Carolina known the country before the road was com.
menced, and seen it latterly, he would have been at no
loss to feel the importance of this work. Formerly, when
a person went to the Western country, it was looked upon
as though he had cut himself off from the world. In.
stances frequently occurred of aged individuals who went
early to the West, returning to visit their friends before
they died, who never expected to see them again. All
this was now changed; the communications had become
frequent and easy ; and not only old family connexions
were renewed, but new alliances were frequently formed,
having a tendency to unite with a kindly feeling the dis.
tant portions of the country. , My friend from Georgia,
said Mr. H., says that we of the West are the cause of
saddling the Government with a vast expense for the con.
struction and repair of the road. In reply, I can only
say, the advantages are equal to the expenditure. He
did not think it necessary to argue the constitutional
question, which he agreed with his colleague had long
since been settled : and in conclusion, he would again
assure his friend from North Carolina, that he would give
his cordial aid to any measure which should be proposed
for the benefit of that State.
Mr. BRANCH made some further observations in op.
|..." to the general principle, and remarked, that he
hoped, the question would be discussed on its proper
grounds—the constitutionality of such appropriations; and
expressed a hope that the time would come for stopping
the progress of this tremendous exercise of power.
Mr. SMITH, of Maryland, said he never #. suppos.
ed that Congress took upon itself the right of making
internal improvements, or had aided any project not au.
thorized by the States, as was intimated by the gentleman
from North Carolina. On the contrary, he recollected

of the whole system establish toll gates, and make those
who travel upon the road pay for it 2
after having made it, are obliged to support it, ourselves.
If the friends of the project have it in their pawer to
make the road, why not make use of their power to pay
the expences of its repairs Congress has been going
on for years in its lavish expenditures on this object; and
now the effect of its extravagance was beginning to be
made manifest. Mr. C. said he hoped an inquiry would
be had into the estimates and expenditures for this ob-
ject; and he believed it would be found that the latter
had, in every instance, exceeded the former.
Mr. HARRISON said, that he would not take to him-
self any portion of the imputation of uncharitableness,
which had been alluded to by the gentleman from North

As it is now, we,

that a gentleman from Virginia had formerly brought for. ward a resolution that each State might make such inter. nal improvements, within its own limits, as should be deem. ed expedient ; and that, in those cases, if the Government of the United States had any funds to spare, they might be applied to aid those States in carrying their pot. jects into execution. In pursuance of this resolution, said Mr. S. we have gone on and subscribed for stock in va. rious works of internal improvement; but never without the consent of the States. The Cumberland road was commenced during the administration of Mr. Jefferson and Congress had gone on, appropriating for its progress until it had nearly arrived at Zanesville. The work ha been done in a most substantial manner, and was not sur

passed any where—certainly not equalled in the Unite,

Jas. 22, 1828.]

Cumberland Road.

[SENATE.

States. And now a small appropriation is wanted to complete it as far as it has gone ; and are we to stop short ’ Why, sir, it is a great national work, which will be spoken of in the history of our country, as one of the means which a wise Government made use of to draw together the disunt sections of this vast nation. But it is argued, that the two per cent on the sales of public lands will not cover the cost of the road. And suppose it will not ; are we to relinquish, a great national work on grounds like these ? Certainly not. And while this complaint is made, Congress is taking the very course to prevent the construction of the road out of the two per cent. by giving away the lands all over the Western country, and thus taking the surest means of destroying that fund. . If this system of donations is stopped, the means afforded by two per cent. on the sales of land may prove adequate to the work. But, otherwise, it certainly cannot. Much has been said about the expense of keeping the road in repair. But, if it is so great a burthen, why not give it up to the States through which it runs Maryland passed an act agreeing to take the road, if the United States would cede it to her. But Congress refused to cede to her the 30 miles that runs through her territory; and since Congress was averse to giving up the road, he hoped they would allow it to progress. The expenditure was nothing incomparison to the object. Some gentlemen, said Mr. S. have complained that their States have received no benefit from the system of internal unprovement. Well, sir, some things are useful to some parts of the country and not so to others. West do not want fortifications, while the Atlantic States *...And two fortifications are new erecting in the State of North Carolina. It is true that these works cannot come under the term of internal improvement; but they * something. And did not Congress give a sum of oney, a year or two since, for the Dismal Swamp Ca**, I know that the gentlemen from Virginia spoke and oted against it; but I dare say they chuckled when it *ceeded in spite of their constitutional objections. Congoes had also subscribed to make a Canal from the Ches. *Peake to the Delaware ; indeed they had given to every Portion of the country, where it was wanted, their assist. ance; and doubtless would act favorably on the project Presented yesterday, by the gentleman from Alabama. (Mr. S. here enumerated several other works, among which was the deepening of Savannah river, to which Con. gress had lent its aid.] And so we have gone on, to clear harbors, make roads, canals, &c.—and shall we now stop, and refuse to complete less than 30 miles of the Cumber. and Road He would not believe that work was to end *re. He knew that North Carolina wanted assistance. She had an iron bound coast, and he was glad that she ** about to become a commercial State. He did not hearthe speech of the gentleman yesterday, [Mr. BRANch] * that gentleman showed him the memorial of his Peo. * previous to presenting it, and he [Mr. S.] told him **bill drawn up upon it, would pass the senate. To *ery part of the country, where it was needed, improve*ought to be extended, and he [Mr. S.] should never **hold his vote where it could be beneficially used. Mr. MACON said that the powers of the Government *relimited. But by implication and construction you go " and make the Government harder and harder to man**, and create jealousies and heart-burnings among the People. The Government is now a very complicated *chine, and every new power makes it more compli*ted. If he was not mistaken, there was a gentleman Present, who proposed a road in the Cherokee Nation. *ry thing now is national or anti-national. Formerly, they were divided into Federal and anti-federal. And, * Mr. M., I suppose this will be a Federal road, because ** made by the Federal Government. The gentleman *9th Maine has alluded to the two per cent. on sales of

The

lands, which was to have been applied to the construction of this road. But that was when the lands were at two dollars an acre. Since that time, they have been reduced to $1 25; and there was another bill before the Senate, which proposed to reduce that still lower. Besides, we are continually giving those lands away. I remember, said Mr. M. the gentleman who formerly introduced the bill to fix the price at the present minimum ; he said he would go no farther—that gentleman has since been a minister to a foreign court, and is now unfortunately dead. But so we go on, doing more and more to make the Government a complicated concern, and still going astray from its original design. It had been said by gen. tlemen who supported this bill, that the constitutional question had been settled. But he thought it would never be settled until it was fixed. And when that time came, by common consent, there would be no more talking about it. How long was it before Congress granted the money for the Delaware Canal The debate upon it was long and obstinate—sufficiently so to show that the constitutional principle was not so fully settled as some gentlemer, supposed. I always thought this road made by unconstitutional means. And I don't agree on this head with the gentleman from Kentucky, who complains of the operation of the Courts in his state. On that point I go with him. He, like all of us, disputes the powers of Congress, where they go against him. I never doubted, said Mr. M. that a good road was a good thing. I say atnen to that. I am willing to give the two per cent. to the States, to make their roads; and then I wish to have done with them. I don’t want that Congress should have anything to do with such works as this in the several States. Let them do them themselves. I have often heard of great National works, and that they were free from tolls to all the People of the country. I know it is a very pleasant thing to travel over a fine road for nothing. But I should like it better had it cost the Government nothing; but been made by the enterprise of the States. He be. lieved that, in former times, People had less change to pay their tolls with than they have now. I don't believe that we can bind the country together by legislation, unless we adhere to the Constitution. And the more you stretch the Constitution, the more you create heart-burnings among the different States ; because the People never, will believe that they are treated alike; and they can't be, in a country so large as this is. What is to be the result of this straining of the Constitution Look at your table ; nearly ready to break down with applications for the extension of our supposed powers to roads, canals, and every description of works. Let Congress adhere to the true meaning of that instrument, and they will get rid of these difficulties. Here you see a great and rich State coming forward, with a petition, and stating that they are poor and want assistance. This is always the strain. I read all these documents, or, if I leave out any, they are the petitions and memorials of the manufactu. rers... Sir said Mr. M. we are in the fair way to destroy this Government, and to ruin the country. Such will be the case when the infringements upon the Constitution have gone a little farther. I wish to adhere to its letter and its spirit. Let me say that a vote against any assumed power does nothing. The only case which i know, that was settled in the negative, was the sedition law, i am nearly done ; and I did not mean to have said a word on the subject, and I do not believe I should, if an allusion had not been made to the Constitution. If you go on in your present career, and destroy the Government, what will your State Governments do? They will set about looking up another sedition law, and then consolidation will follow. The Federal Government has established gaming shops. I mean the banks and lotteries; and in these and other games, our liberties and our constitution are likely to be gambled away.

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SENATE.]

Cumberland Road.

[JAN. 22, 1828

Mr. TYLER expressed the hope, on his rising, that the Senate would experience no alarm at the circumstance of his having taken the floor. He did not rise to go into a constitutional discussion. He rose only to tender to the gentleman from Maryland [Mr. SM1th] who had just addressed the Senate, his thanks for the remarks he had made, and to correct him in one parti. cular. He begged leave to premise, that there was no member of that body whom he held in higher respect than the gentleman from Maryland. If I had been for the first time engaged in the investigation of this subject with a view to arrive at satisfactory conclusions, the gentleman would have convinced me, [said Mr. T.] of the inexpediency, apart from the unconstitutionality, of exercising this power to make roads and canals. The gentleman, sir, has visited the representation on this floor, of many of the States, and sustained by the Honorable Senator from North Carolina [Mr. Bn ANch] has represented them as yielding to the allurements presented in some local scheme. He has portrayed them as voting for the exercise of this power, whensoever the State they represented was interested in the scheme proposed. He has paid his respects, among others, to my honorable colleague, [Mr. Tazewell] who is not now in his place, and while he does him the jus. tice to admit, that he voted against the appropriation of $150,000 to the Dismal Swamp Canal, represents him as chuckling and rejoicing at the fact of its passage. [Here Mr. Smith explained.] I should be happy, could I believe that I misapprehended the gentleman. I am certain that the gentleman intended no disrespect to my colleague. Far from it. . He felt it his duty to express the thorough conviction, that no local benefit or temporary expediency could ever lead that gentleman to do other than regret, what, in his conscience, he should believe violatory of the Constitution. Gentlemen might represent, in as brilliant colors as they might please--paint with the most glowing pencil, the benefits of any scheme, (and he knew that all the treasures of rhetoric had been employed in embellishing this usurpation over roads and canals)—and yet, sir, if it was unconstitutional, it was inexpedient. The preservation of the Constitution was the heighth of expediency. That instrument was the charter of American liberty; destroy it, and that liberty was gone ; sap it by gradual encroachments, and its destruction, in the end, is rendered as certain as if it was assailed by the bayonet.

But, sir, apart from this, the gentleman has satisfied me of the utter inexpediency of exercising this power. Is it true, that it operates so powerfully on Senators even, selected, as they are presumed to be, for their gravity, their wisdom, their attachment to the Constitution, their elevation, above the mere ephemeral policy of the hour, their indifference to the agitations of party ; is it true, that this allurement of State interest causes them to embrace it without stopping even to glance at the Constitution, the charter of their rights, and those of the States ? If it be so, it is time to arrest this monstrous evil. Gentlemen, after this, in vain will present to my acceptance, arrayed as it may be in all the finery in which their imaginations can clothe it, this power, however fair they may represent it. I shall only be able to regard it as an old wrinkled hag, corrupted and corrupting. Sir, said Mr. T. all will concur in the importance and necessity of guarding against the accumulation of patronage in the Executive hand. That patronage will never fail to be exercised for ambitious and time-serving purposes. I mean, sir, to make no charge against the present Administrators of the Go vernment; I seek to awaken in the discussion of a grave question, no party feeling ; I should thereby only disappoint my own object. Will the members of this body continue longer to exercise a power which, according to the showing of the gentleman from Maryland, may be used so directly as a bribe upon the several States ? If

it can operate here, surely it is not presuming too much to suppose that it may exercise its influence elsewhere. What an electioneering weapon do gentlemen thus place in th hands of this government Virginia has been, over and over again, reviled, and efforts have been unceasingly made to ridicule her for her advocacy of principles at war with the latitudinarian principles of this day. And yet, Sir, what fruit has been the result of a departure from the cause she has untiringly maintained 2 May 1 not boldly challenge an investigation into this subject Congress incorporated the Bank of the United States. It was done from the best of motives, I admit. The war left us with a flood of paper money, which there was no inclination, and but little ability, to redeem in specie. The great object of incorporating this bank, was to use it as an instrument to bring about specie payments; and yet, in this the country was wholly deceived. It was used as the instrument of speculation and stock-jobbing. I have a personal knowledge upon this subject, arising from the fact of my having been deputed, along with others, on a committee appointed by the other House, to investigate its actual condition. The report of the committee will justify what I say. It stood on the verge of bankruptcy; and the government, no longer relying upon it to accomplish the object of its in: corporation, had to coerce the payment of specie, by a resolution requiring all duties and taxes to be paid in specie, It had parted with the great body of its resources, and injudiciously deputed an agent to England to procure specie, which was no sooner procured than it was again wanting. Its operation has served, in an eminent degree, to cripple the state institutions, without affording any corresponding benefits. I cannot, sir, part from this subject without paying to Mr. Cheves the tribute which is due to him for |. after management of that institution. He has thereby justly acquired for himself the character of one of the most enlightened financiers. His self denying policy, and thorough understanding of banking principles, has given to the bank the power and influence it now so un: happily enjoys. He said that he did not mean to dwell longer on this subject. He would pass on to that which gave rise to this debate. The gentlemen from Maryland an from North Carolina had given a picture of its practical operation, which admitted of no addition. Thus, Sir, the door was fairly opened, and this government threatened, as on the Missouri question, to assume a new attitude. Forgetful of its actual powers, it sought to usurp the powers of the people themselves, in the efforts here made to fasten on the people of Missouria Constitution which they did not approve. Thus is it always with power—ever accumulating, and ever seeking fresh pretexts for its en: largement. Mr. TYLER disclaimed all intention, in any thing he said, to awaken an unpleasant emotion in the breast of any one who heard him. He would not ques: tion, that gentlemen, with whom he at that day differed, were actuated by as honest views and convictions as £9. verned himself. His motive in adverting to this topic, could not be misconstrued. He did it to show the dan: gers of construction, the evils which had sprung from adopting the commentaries of modern politicians, in place of the plain wording as the instrument itself. But, Sio, what can I add to what has fallen from the venerable gentle man from N. Carolina [Mr. Macon.] He has shown, most satisfactorily, the evils by which we are now surrounded. Local interests are consulted ; and, hence, your table ls loaded with memorials, speaking a language which thrillo to the heart of the patriot, wherever uttered. The power to lay and collect taxes, duties, imposts, and excises, for objects specifically enumerated in the Constitution, has been tortured from those objects, and devoted to the purpose of advancing sectional interests. Thus, Sir, has the Government succeeded in awakening a spirit at War with the permanency of our institutions. Thus is a feeling

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