H. of R.]

Cumberland Road.

[FEB. 12, 1829. one time belonged to the federal party, which he com- The gentleman himself, after admitting that the tribuplimented by calling it an independent class of men. His nals of the States could not be used by this Government information has been correct. I trust I shall never blush for the purpose of enforcing its system of policy along the to have been attached to that party, of which the father road, declares that the argument against the bill of the of his country was the head. I take pride, however, in most weight is, the difficulty of establishing tribunals for declaring that I was a Washington federalist, and, when this purpose. He suggests the appointment of twentymy country was in danger, I had no constitutional or other five justices of the peace, which he thinks would be suffi scruples about the propriety of defending it against a cient between Cumberland and Wheeling. But superior foreign foe. The gentleman says I have hitherto always acted with independence; if he means to insinuate that this will not be my course hereafter, he is greatly mistaken. Thank God, I am as independent as I ever was. I hope nothing and fear nothing from any administration. I am neither a petitioner nor an expectant. I shall continue to support the great republican family, as the gentleman calls it, so long as it shall continue true to its principles; and I have no objection to be called a democrat. But if the gentleman supposes that for any office, of which, humble as I am, I might be thought worthy, I would decline to serve out the term for which I have been recently elected, and abandon constituents who have sustained me amidst difficulties and dangers of no ordinary character, I can assure him that he does me great injustice.

I have always heard that the gentleman himself was formerly a federalist. It is true that he and I have taken very different roads since the dissolution of the old parties; but yet, on account of the memory of the olden time, if for nothing else, I think he might have spared some of his personal remarks. But let us part in peace. I desire nothing else.

judicial officers would become necessary; for the gentleman surely does not intend that the summary convictions and other proceedings of justices of the peace, without the aid of a jury, should, in all cases, be final. It is thus that power goes stealing on from one encroachment to another. I have not the time, nor would the committee have the patience, to enable me to pursue this branch of the subject. I will merely ask any gentleman acquainted with the principles upon which the constitution was founded, if he can believe its framers ever intended to introduce United States' justices of the peace, throughout the different States, for the purpose of exercising jurisdiction over the canals and highways of the country? Would not such an exercise of power be equally at war with all its general provisions, and with all sound policy?

Before I conclude, I wish again to direct the particular attention of the chairman of the Committee on Roads and Canals to an argument of mine, which has not been answered, which there has not even been an attempt to answer, throughout the whole course of the debate. There has been much ingenious play around it, but it has not once been fairly met. Let it be granted, for the sake of the argument, that under the power to establish post I shall neither undertake to defend the editor of the offices and post roads, you can exercise the sovereign Telegraph, nor the Committee on Retrenchment, against power of constructing such roads throughout the States. the attack of the gentleman. If there be any man alive What would then be the sole purpose of this power? To who is capable of defending himself, it is that editor. I enable you to transport the mail over these roads, once a am neither his advocate nor defender. As to the Com- day, or once a week. It would be a right of passage, for mittee on Retrenchment, I shall exercise the same for- this single object. The power that you have is spent, bearance. They have, I fear, introduced many bills when the mail is safely carried. But can this authority, which will never pass. To some of their measures I am to be exercised simply for the transportation of the mail, decidedly opposed, but still they deserve the thanks of transfer to you, by implication, the sovereign power of the House and of the country. If they have gone too closing up these roads by the erection of toll-gates, and far in the cause of reform, it is a rare error in these days. taking them under your own exclusive jurisdiction? Can I was not a little astonished that the gentleman should a power granted for a single purpose give you an unlimithave found fault with me for paying a passing tribute of ed control? Can it authorize you to regulate the use of respect to the State of Virginia. As a citizen of the these roads, by the citizens of the States, for all other United States, have I not a right to feel proud of that purposes? This is the question to which I demand an State? Has she not produced men who had a distinguish- answer. The principle is still worse as applied to military ed agency both in forming the federal constitution,. and roads. Are you, because it may be necessary that troops maintaining its principles in peace and in war? Notwith-or munitions of war may pass over a road once a year, or standing my feelings of respect, I am no indiscriminate once in seven years, to take exclusive possession of this eulogist of Virginian policy. I believe, if a portion of road? A similar question might be asked, in regard to the ability and eloquence which her distinguished sons roads or canals used for the purpose of conducting the have displayed in constitutional disquisitions had been commerce between different States. The gentleman from employed in sustaining the wise measures, and in com- Kentucky has made the most argumentative speech upon bating the false policy, which have been proposed in this subject, and has cited several cases in illustration of Congress, their labors would have been more useful to his argument. I shall allude merely to the strongest. He the country. Still, I am surprised that an obscure indi- says that Congress have passed a law imposing a penalty vidual, like myself, should have been so severely criti- on any ferryman who neglects or refuses to carry the mail cised for expressing a favorable opinion of that ancient over a river. Granted. It is right. It is proper. The and distinguished commonwealth. If I were to remove Federal Government alone possess the sovereign power to-morrow from my native State, it is probable, from the of carrying the mail, and, as a necessary consequence, of similarity of our institutions, our policy, and our laws, 1 removing all obstructions to its passage. But does it should select the State of Ohio for my residence--that follow, because they have exercised the power of punvery State whose compact with the United States I have fishing a ferryman for violating his duty in this single been attempting, in the opinion of gentlemen, to violate. case, that therefore they may take the ferry itself under It has been strongly insinuated, that to deliver this road their exclusive jurisdiction, prescribe the tolls for its pasto Pennsylvania would be to commit the lamb to the wolf. sage, and punish, in the courts of the United States, all I shall not condescend to answer such insinuations. The the citizens of the country who may violate the regula road passes ninety miles through our territory. It accom- tions imposed by their laws? All the other examples of modates three populous and wealthy counties; and yet it is supposed we might abandon it to ruin. When was Pennsylvania ever known to neglect the interest of her own citizens, or the obligations of her own honor?

the gentleman'are of a similar character, and require no particular answer. They are cases of the exercise of power absolutely necessary to carry the enumerated powers of the constitution into effect, and do not, in a

APPENDIX

TO THE REGISTER OF DEBATES IN CONGRESS.

TWENTIETH CONGRESS-SECOND SESSION.

List of Members of the Senate and House of Representatives of the United States.

NORTH CAROLINA-Willis Alston, Daniel L. Barringer, John H. Bryan, Samuel P. Carson, Henry W. Conner, John Culpeper, Thomas H. Hall, Gabriel Holmes, NEW HAMPSHIRE-Ichabod Bartlett, David Barker, John Long, Lemuel Sawyer, A. H. Shepperd, Daniel Turjr., Titus Brown, Joseph Healey, Jonathan Harvey, and ner, and Lewis Williams--13. Thomas Whipple, jr.-6.

SOUTH CAROLINA-John Carter, Warren R. Davis, MASSACHUSETTS-Samuel C. Allen, John Bailey, William Drayton, James Hamilton, jr., George McDuffie, Isaac C. Bates, B. W. Crowninshield, John Davis, Henry William D. Martin, Thomas R. Mitchell, William T. NuckW. Dwight, Edward Everett, Benjamin Gorham, James olls, and Starling Tucker-9. L. Hodges, John Locke, John Reed, Joseph Richardson, and John Varnum-13.

VERMONT-Daniel A. A. Buck, Jonathan Hunt, Rollin C. Mallary, Benjamin Swift, and George E. Wales-5. NEW YORK--Daniel D. Barnard, George O. Belden, Rudolph Bunner, C. C. Cambreleng, Samuel Chase, John OHIO--Mordecai Bartley, Philemon Beecher, William C. Clark, John D. Dickinson, Jonas Earll, jr., Daniel G. Creighton, jr., John Davenport, James Findlay, William Garnsey, Nathaniel Garrow, John T. De Graff, John Hal- M'Lean, William Russell, John Sloane, William Stanbelock, jr., Selah R. Hobbie, Michael Hoffman, Jeromus ry, Joseph Vance, Samuel F. Vinton, Elisha Whittlesey, Johnson, Richard Keese, Henry Markell, H. C. Martin- John Woods, and John C. Wright-14.

dale, Dudley Marvin, John Magee, John Maynard, Hen- LOUISIANA-William L. Brent, Henry H. Gurley, ry R. Storrs, James Strong, John G. Stower, Thomas and Edward Livingston-3.

20th CONG. 2d SESS.]

Message of the President at the opening of the Session.

[Sen. and H. of R. INDIANA-Thomas H. Blake, Jonathan Jennings, and scarcely varied in the course of the present year. The Oliver H. Smith-3.

MISSISSIPPI-Thomas Hinds-1.
ILLINOIS-Joseph Duncan--1.

The

ALABAMA—Gabriel Moore, John M'Kee, and George depredations upon their property heretofore committed, W. Owen-3.

MISSOURI-Edward Bates-1.

Delegates.

ARKANSAS TERRITORY--A. H. Sevier.
MICHIGAN TERRITORY—Austin E. Wing.
FLORIDA TERRITORY-Joseph M. White.

MESSAGE OF THE PRESIDENT

TO BOTH HOUSES OF CONGRESS,

commercial intercourse between the two countries has
continued to increase for the mutual benefit of both.
claims of indemnity to numbers of our fellow citizens for
during the Revolutionary Governments, still remain unad-
justed, and still form the subject of earnest representa-
tion and remonstrance. Recent advices from the minister
of the United States at Paris encourage the expectation
that the appeal to the justice of the French Government
will ere long receive a favorable consideration.

The last friendly expedient has been resorted to for the decision of the controversy with Great Britain, relating to the Northeastern boundary of the United States. By an agreement with the British Government, carrying into effect the provisions of the fifth article of the treaty of Ghent, and the convention of 29th September, 1827, His Majesty the King of the Netherlands has, by common con

At the Commencement of the Second Session of the Twen- sent, been selected as the umpire between the parties.

tieth Congress. DECEMBER 2, 1828.

Fellow-Citizens of the Senate

and of the House of Representatives:

The proposal to him to accept the designation for the performance of this friendly office will be made at an early day, and the United States, relying upon the justice of their cause, will cheerfully commit the arbitrament of it to a prince equally distinguished for the independence of his spirit, his indefatigable assiduity to the duties of his station, and his inflexible personal probity.

If the enjoyment in profusion of the bounties of Providence forms a suitable subject of mutual gratulation and grateful acknowledgment, we are admonished, at this re- Our commercial relations with Great Britain will deturn of the season when the Representatives of the nation serve the serious consideration of Congress, and the exare assembled to deliberate upon their concerns, to offer ercise of a conciliatory and forbearing spirit in the policy up the tribute of fervent and grateful hearts, for the ne- of both Governments. The state of them has been ver-failing mercies of Him who ruleth over all. He has materially changed by the act of Congress passed at their again favored us with healthful seasons and abundant har-last session, in alteration of the several acts imposing duvests. He has sustained us in peace with foreign coun- ties on imports, and by acts of more recent date of the tries, and in tranquillity within our borders. He has pre-British Parliament. The effect of the interdiction of diserved us in the quiet and undisturbed possession of civil rect trade, commenced by Great Britain, and reciprocated and religious liberty. He has crowned the year with His by the United States, has been, as was to be foreseen, only goodness, imposing on us no other conditions than of im- to substitute different channels for an exchange of commoproving for our own happiness the blessings bestowed by His hands, and, in the fruition of all His favors, of devoting the faculties with which we have been endowed by Him to His glory, and to our own temporal and eternal welfare.

dities indispensable to the colonies, and profitable to a numerous class of our fellow citizens. The exports, the revenue, the navigation, of the United States, have suffered no diminution by our exclusion from direct access to In the relations of our Federal Union with our brethren the British colonies. The colonies pay more dearly for of the human race, the changes which have occurred since the necessaries of life, which their Government burthens the close of your last session have generally tended to the with the charges of double voyages, freight, insurance, preservation of peace, and to the cultivation of harmony. and commission, and the profits of our exports are someBefore your last separation, a war had unhappily been what impaired, and more injuriously transferred from one kindled between the empire of Russia, one of those with portion of our citizens to another. The resumption of which our intercourse has been no other than a constant ex- this old and otherwise exploded system of colonial excluchange of good offices, and that of the Ottoman Porte, a sion has not secured to the shipping interest of Great nation from which geographical distance, religious opin- Britain the relief which, at the expense of the distant coions, and maxims of government on their part, little suited lonies, and of the United States, it was expected to afford. to the formation of those bonds of mutual benevolence Other measures have been resorted to more pointedly which result from the benefits of commerce, had kept us bearing upon the navigation of the United States, and in a state, perhaps too much prolonged, of coldness and which, unless modified by the construction given to the alienation. The extensive, fertile, and populous domin- recent acts of Parliament, will be manifestly incompatiions of the Sultan, belong rather to the Asiatic, than the ble with the positive stipulations of the commercial conEuropean division of the human family. They enter but vention existing between the two countries. That conpartially into the system of Europe; nor have their wars vention, however, may be terminated, with twelve with Russia and Austria, the European States upon which months' notice, at the option of either party. they border, for more than a century past, disturbed the A treaty of amity, navigation, and commerce, between pacific relations of those States with the other great Pow- the United States and His Majesty the Emperor of Ausers of Europe. Neither France, nor Prussia, nor Great tria, King of Hungary and Bohemia, has been prepared Britain, has ever taken part in them; nor is it to be ex- for signature by the Secretary of State, and by the Baron pected that they will at this time. The declaration of de Lederer, instructed with full powers of the Austrian war by Russia has received the approbation or acquies- Government. Independently of the new and friendly recence of her allies, and we may indulge the hope that lations which may be thus commenced with one of the its progress and termination will be signalized by the mo- most eminent and powerful nations of the earth, the ocderation and forbearance, no less than by the energy of casion has been taken in it, as in other recent treaties conthe Emperor Nicholas, and that it will afford the oppor- cluded by the United States, to extend those principles of tunity for such collateral agency in behalf of the suffering liberal intercourse and of fair reciprocity which intertwine Greeks, as will secure to them ultimately the triumph of humanity and of freedom.

The state of our particular relations with France has

with the exchange of commerce the principles of justice, and the feelings of mutual benevolence. This system, first proclaimed to the world in the first commercial treaty