MR. HEMPHILL'S
'SPEECH
ON THE BILL
TO CONSTRUCT A NATIONAL ROAD
FROM BUFFALO,
PASSING BY THE SEAT OF THE GENERAL GOVERNMENT,
TO NEW ORLEANS.
Delivered in the House of Representatives, U. S. 23d March, 1830.
,Mr. Chairmah, I will at this early stage, endeavor to explain
the reasons why the Bill before the Committee ought to pass in¬
to a law. It embraces, as I conceive, a subject of the highest
interest. The usefulness, which the contemplated road will he
to the country, is of itself exceedingly important; and besides,
this legislative enactment, will hold out full assurance, that na¬
tional improvements are intended to be prosecuted by the Gen¬
eral Government. In this light, the magnitude of the question,
now ready for discussion, cannot be overrated.
In the commencement, I will be permitted to remark, that it
is not the design of the friends of national improvements, to in¬
terfere with the annual extinguishment of the public debt, as npw
provided for by law. The regular operation of existing laws,
will soon clear the nation of debt. The exertions of statesmen
towards the accomplishment of this object, are no longer required.
Butas to the momentous question of improving the country, for
its own prosperity and glory, it ranks first, and is truly worthy
of the best efforts of the nation It is equaiy interesting to the
present age and to posterity—and nothing less than complete
success, will ever terminate its repeated debates on this floor. I
will dwell no longer at present in general remarks.
Mr., Chairman, some gentlemen entertain the opinion, that these
great objects ought to be accomplished by the several States. I
never could accord with this opinion. The States are to take care
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of their own local interests, within their own limits; it is not their
duty to legislate with a view to national purposes. Neither could
they, without the consent of Congress, confederate to make exten¬
sive roads, passing through many States, for great and national pur¬
poses. In this immense country, it is impossible to foresee all the
channels thro' which our inland commerce may take its direction.
No exact plan can be devised; it would be rash to designate all
the places where roads, canals, and bridges, should be made fif¬
teen or twenty years hence. It will be judicioús to select a few
objects at a time, and to progress with the rising condition of the
country. Congress will always be the best capable of selecting
the grand and leading objects, which will accommodate them¬
selves to the good pf the Union at large.—And for these purposes,
Congress, according to my conception of the case, ought to re¬
tain in her own hands, her own means. This brings me to the
consideration of an opinion which has gained some standing, and
has even attracted the attention of the President: I mean the
propriety of distributing the surplus revenue among the several
States. The President has expressed his doubts in relation to
its constitutionality; and I think, that on a further consideration
of the subject, he would be enabled to speak more positively as
to the constitutional barrier.
I assume it as a principle which, on a fair examination, cannot
be shaken, that whenever money is in the Treasury, it is imma¬
terial from whence it has arisen; the constitution puts no mark
upon it; it may be pledged by previous laws, for constitutional
purposes; but in no event can it be withdrawn from the Treasu¬
ry, unless it is to effect some expressed or implied provisions
in the constitution. A power in the General Government
over internal improvements, has never been claimed, except on
such objects which Congress may, from time to time, deem na¬
tional. Lands have been ceded to States for specific objects of
national improvements. The Bill which was rejected by Mr.
Madison, in 1817, retained the control over the objects on
which the expenditures were to be made in each State.
But if Congress should distribute money generally among the
States, for internal improvements, it may be expended on local
and minor objects, over which Congress themselves have no
power. The States, in expending the money, will not look to na¬
tional objects, but to their own internal concerns, and perhaps to
a rivalry with their adjoining neighbors.
Mr. Jefferson and Mr. Madison, in their messages, approved
entirely of the expediency of exercising this powfcr by the Gen¬
eral Government.
Mr. Monroe lias expressed his opinion on the subject in the
most satisfactory manner. I beg leave to read this part of the
document, called his views on internal improvements.—(here Mr.
H. read the following:)
"It cannot be doubted that improvements for great national
purposes, would be better made by the General Government
3 v
than by the Governments of the several Slates. Our experience*
prior to the adoption of the constitution, demonstrated, that by
the exercise by the individual States, of most of the powers grant¬
ed to the United States,, a contracted rivalry of interests, and
misapplied jealousy of each other, bad an important influence oa
all their measures, to the great injury of the whole. This was
particularly exemplified by the regulations which they severally
made of their commerce with foreign nations, and with each
other. It was this utter incapacity in the State Governments,
proceeding from these and other causes, to act as a nation, and to
perform all the duties which the nation owed to itself, under any
system, which left the General Government dependent on the
States, which produced the transfer of these powers to the Unit¬
ed States by the establishment of the present constitution.'
"The reasoning which was applicable to the grant of any of
the powers now vested in Congress, is likewise so, at least to a
certain extent, to that in question. It is natural that the States
individually, in making improvements, should look to their par¬
ticular and local interests. The members composing their re¬
spective Legislatures, represent the people of each State only,
and might not feel themselves at liberty to look to objects in these
respects beyond that limit.
"If the resources of the Union were to be brought into operation,
under the direction of the State Assemblies, or in concert with
them, it may be apprehended that every measure would become
the object of negotiation, of bargain, and barter, much to the dis¬
advantage of the system, as well as discredit to both Govern¬
ments. But Congress would look to the whole, and make im¬
provements to promote the welfare of the whole. -It is the pe¬
culiar felicity of the proposed amendment, that while it will en¬
able the Uuited States to accomplish every national object, the
improvements made with that view, will eminently promote the
welfare of the individual States, who may also add such other3
as their own particular interests may require."
In addition to this enlightened view of the subject, I may be
permitted to submit a few remarks: and the first, is, that when
the plan of distribution is once adopted it can never be recalled;
it will grow into a species of right: and a majority of the repre¬
sentatives from the several States will never vote to restore the
funds to the General Government A thousand reasons will be
assigned to oppose its restoration, whenever the General Go¬
vernment shall stand in need of it. Among others, it would be
said, (and with great justice) that the faith of the United States
had been pledged, and on this reliance, schemes of internal
improvements had been partially executed; and to withdraw the
funds, would be to sacrifice the expenditures already made.—
This oppression would vary in the different States according to
the condition of their works—it would create conflictions and
confusions of interest that would be alarming. The funds which
belong to the Union, would be entangled in loGal and minor un-
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dertakings. But while the General Government retains their
own resources, she will always be prepared to meet the great
and complicated concerns of the nation, whether in peace or in
war. She can select the objects of improvements, on such a scale
as not only to be able to complete them, but also to be in a state
of readiness for any sudden emergency.
This road leading from the Seat of the Gen. Government to
Buifalo and to New Orleans, two frontiers which will be immi¬
nently exposed in the event ot a war, cannot be otherwise than
of the highest importance. The badness of the road from hence
to Buifalo, during the last war, protracted intelligence and pre¬
vented a quick concentration of troops and of the munitions of
war, to the parts required. If there had been good roads, the
military disasters, at the commencement of the war, never would
have occurred. The badness of the roads swelled the expenses
of the country to a prodigious degree A single cannon trans¬
ported from the foundries on the sea board, to the frontiers
of the Lakes, cost about two thousand dollars, and every
article necessary in war, bore the same wasteful and extravagant
proportion. The waste which the necessity of the times, and
state of the roads, exposed us to, would more than make the road
contemplated in the bill. Our country is large, aud the fron¬
tiers and exposed points, being at great distances from each
other, render the necessity of good roads (in a time of war) all
essential. The military,power of a nation, in all ages, consists
not more in a numerous population, and great resources, than in
its capacity to Concentrate its forces with rapidity to the exposed
points on the frontiers, liable to be assailed. Good communi¬
cations increases the military arm in a due proportion to the
' population and resources of a nation or country. On a single
day (sooner or later) in the arrival of troops, or intelligence,
may altogether depend the fate of the most important places in
the country.
This road to Buffalo presents advantages peculiarly national
in their character. It opens a country abounding in iron, fuel,
and water power; and in the event of our foundries and armo¬
ries on the sea board being destroyed by an enemy, it would af¬
ford the means of establishing others in the interior, secure from
attack; where cannon, shot, small arms, &c. might be manu¬
factured, which, by means of this road, and other means of trans¬
portation, could be taken to any point, wherever the nation
should require. It would also open to the sea board, as well as
to the lakes, an extensive and fertile country, increasing in pop-
Illation, and in the production of provisions of every description,
and which could be made available at either extremity of the
road.
The proposed road would derive additional importance in a
military view, from the character of the population of the coun¬
try through which it will pass. In the mountain regions it is
said, that there is scarcely an individual, who is not well ac-
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quaiflted with fire arms, and expert in horsemanship; the whole,
population in the mountain regions, (as well as in the plain coun¬
try) are distinguished for their physical energies, which will
always render them, among the best materials for Military
purposes. In time of peace, cannon and munitions of War,
might be conveyed by Sea and the New York Canals to the
frontiers on the Lakes. But in time of War, the maritime pow-
nerofthe enemy would render this communication too uncertain,
and in winter time, the Canal would be frozen-. (Here Mr.
Hemphill read the report of Doctor Howard, one of the United
Stales Engineers,)
"The importance of such a road as that now proposed, in a
military point of view, is so strongly marked that it will not
be necessary to dwell on them in detail, but merely to point
them out. It will afford a ready communication to the northern
frontier, from the central part of Pennsylvania, from Maryland,
and from the eastern part of the State of Virginia, giving facilities
for the transportation not only of men, but also of many of the
supplies and munitions of War, which are the production of these
three States. During the last war, the route by the Painted Post *
was found so'necessary for this purpose, that it was extensively
used; and notwithstanding the badness of the roads, supplies of
all kinds were carried on it, at an expense which, it is satisfac¬
torily estimated, would have been sufficient (in a single campaign)
to have defrayed the cost of the work.
In the present situation of things, the citizens of the western
part of New York, are almost as effectually separated from their
neighbors of Pennsylvania, as if an impassable barrier were in¬
terposed between them."
Mr. Chairman, The highway proposed in the Bilj, will open
lucrative communications between these interesting sections of
our country. The location of the road from Washington to Buf¬
falo, is left to the discretion of the Commissioners, a.s the Com¬
mittee could not satisfactorily to themselves designate the route.
The Committee have deemed it sufficient to have the Road lo¬
cated, graduated and bridged, and to form the bed of the Road, as
an earthen turnpike, except in such cases, where it, will be in¬
dispensable to use gravel. On examination of the estimates of
the Engineers, for making Turnpike Roads on the se veral routes
from Washington to New Orleans, in which the^y state, so
much for location, so much for graduation and bridg es, and so
much for turnpiking with stone. The Committee,)By deduct¬
ing the latter, and taking the best pains they could uj jou the sub¬
ject, came to the conclusion, that fifteen hundred dollars per
mile, would make an excellent common road, graduated at an
elevation of three degrees in the mile.
From this City to Buffalo, a considerable distance is turnpik-
ed; and, whenever that is the case, it is not to be affected by this
Bill. The wholel-oad to be made will be, as near as i the Com¬
mittee could judge, about 1,500 milesr Which | will cost,
Ö
<$2,250,000, to be drawn in instalments, of not more in one year,"
than about *$500,000; Which sum the country will scarcely feel,
and it will be distributed along the whole line, among architects,
the owners of the adjacent lands for materials, and to the poor
and industrious laborers.
The great national advantages of a road, from the Seat of
Government to New Orleans, will scarcely, (1 should suppose)
he denied by any one. Soon after the acquisition of Louisiana,
Mr. Jefferson, (as 1 have understood) had a recognizance of a
road to New Orleans, taken at his private expense. It has been
deemed of such magnitude by the general government, that three,,
general routes have been surveyed, under the act of 30th April
1824: many of the reasons assigned in favor of the Buffalo part
of the road, will equally apply to this part. Its importance in
time of war, cannot be overrated; the difficulty of transporting
men and arms to this exposed point (during the last War) is well
known to us all. I will not descend to particulars, I appeal to
the recollection of this honorable Committee.
The routes surveyed are an eastern, a middle and a western
route. The Committee, after a careful examination of the Re¬
port of the Engineers of 8th April 1826, selected the western
route. The Committee on Roads and Canals, at the last Session
of Congress, did the same; and I am persuaded, the Committee of
the Whole House, will be of opinion that it is, upon the whole,
the most eligible route,—each have their advantages and disad¬
vantages. The report says, "that the eastern and middle routes,
will accommodate directly more States than the western, but by
anticipating the increase of the population on the western route,
that the three in this respect ought to be placed on the same
footing. In comparing the western route with the eastern route,
we find that on the eastern route the soil is inferior, the bridges
and causeways will be greater, the advantages to internal com¬
merce will be less, and that this route would not be so useful in
war ; that the carrying of the mail and the expense of general
travelling would be greater, and, on the whole, it will be more
costly. Its advantages over the western route, are, that the
graduation would be less, that it would, in a greater degree, facili¬
tate correspondence between our inland importing and exporting
marts, and a.lso diffuse political information between the Gen. Gov¬
ernment amâ the Capitols of the South, as this route would pass
through many of them ! In comparing the western with the
middle routte, we find the materials for a road about the same.
The soil ou the western route is the best, the causeways will he
less, and the graduations greater. The bridges on the western
route will be in length only three miles and 953 yards. On the
middle rou te, the length of the bridge will be 6 miles and 1239
yards ! The distance of the middle route is eleven hundred and
forty miles.. On one course of the western route, the distance is
exactly th e same ; but on Snicker's Gap route, it is eleven hun¬
dred and s ixty-three miles. The expense of labor is rather less
7
on the western route. For carrying the mail, the report gives
preference to the middle route, but at the sam$ time remarks,
that, as to time, it does not suffice that it should be travelled
over in the shortest time, and at the least possible expense ; but
it must also accommodate laterally to its direction, the greatest
extent possible of territory. In this point of view, it is said, if
the western route is not as central as the others, in relation to the
States it traverses, it has the advantage of being more central in
relation to the States taken together, and comprehended between
the Atlantic on the east, and the Ohio and the Mississippi, on
the west.
But, Mr. Chairman, in relation to such a road as this will be,
extending from the Seat of Government to tvvo exposed and ex¬
treme frontiers of the country, and which is calculated to remain
a great highway for ages, a little difference in expense or dis-
* tance, ought not to be viewed as of much importance.
There are considerations which give a decided preference to»
the western route The first is its superior advantages in time
of war. The Southern states will have their own borders to de- •
fend, and this they will be always capable of doing. They art ¿
contiguous to each other, a condensed population, and nearer t o
the seat of Government, and to the Military and Naval establis! i-
ments. They will seldom, if ever, be called across the mou a-
tains. The states on the Gulph of Mexico, being in the vicini ty
of the West-Indies, will be exposed to imminent danger, and the ir
own forces being inconsiderable, they must look for assistaw ;e
from remote inland States. Tennessee and Kentucky, having 1 >o
frontiers to defend, and being more interested than the South in
the regions of the Gulph, would be their natural allies, and alwa} rs
ready to aid the States of Louisiana and Alabama, and to defer id
the Naval establishments at Pensacola. This road, in case of s in
emergency, would afford to the Western states the most sign il
advantages. They could then march their troops with great e2 r-
pedition, to the field of battle. The western route will connec it
different sections of the country which are separated by natur; il
obstacles. This is one of the great advantages of internal irn
provements. It will form a communication between the We it
jand the Atlantic Ocean, and augment internal trade ; the peopl e
of the West could bring their produce to it and along it, in e i ¬
ther direction to the most convenient avenue to a market.
There is another consideration; it is miraculous to see, as vv<5
now do, the rising country in the west—the imagination of t»c>
man could have foreseen it. The enterprise of the West Kan
greatly enlarged the importance and power of the Nation; and,
as the Western States have no lands to form a public fund, iï
cannot be expected, that they will make many leading Roads for
a long time, by a direct taxation on the people: the nett proceed*
from the sale of the public lands, will always be inadequate for
the Roads, which their rapidly increasing population will require.
This Road ,would highly benefit a portion of the West;, but, if
8
it should rgn to the east of the mountains, the people of the
West would teap no advantage from it.
1 will close this part of the subject by reading an extract from
the Report of the Postmaster General, in 1824. It is as follows:
"That the route on which the Mail is carried from the Seat of
Government to New Orleans, is estimated at 1,3S0 miles, and re¬
quires a travel of 24 days in the winter and spring seasons of
the year. The Mail on this route is sometimes entirely obstruct¬
ed by high waters; and, when this is not the case, it is frequent¬
ly much injured by the Mail horses swimming creeks and through
swamps, by which newspapers are frequently destroyed, and let¬
ters. obliterated."
In this Report it is further remarked, that—"The route, by the
"way of Warrenton, Abington, and Knoxville, affords great facil¬
ities for the construction of a mail road. Through Virginia and
Tennessee, the materials are abundant for the formation of a turn¬
pike, and through the States of Alabama and Mississippi, it is
"believed, from information which has been obtained, that in no
par t of the Union can an artificial road of the same length be
«obstructed at less expense; on this part of the route the" face of
the country is level, and the soil well adapted for the forma¬
tion of a solid road. If a substantial road were made in this di¬
rection to New Orleans, the Mail could be transported to that
place, from this city, in eleven days; if the road were to pass
through the capitalsof Virginia, North Carolina, and Georgia, it
could not be conveyed in less than twelve days. The Department
now pays at the rate ol $56,76 a mile, for the transportation of
the Mail, three times in each week, to New Orleans; when, on
a good turnpike road, it could be conveyed in a stage, as often,
and in less than half the time, at the same expense, with the ut¬
most security, and with a considerable increase of the receipts
of the Department."
The Committee have introduced this Bill, without any reference
to the consent of the States,deeming it to be entirely immaterial. Mr.
Madison, in his rejection of the Bill, to set apart, &c, says, "That
if the power is not vested in Congress, the assent of the States
cannot confer it." In the first session of the fifteenth Congress,
this House, by a vote of 90 to 75, asserted the power to make
post-roads, military roads, and other roads, without the consent
of the States. By the act of the 30th April, 1802, by which
Ohio was admitted into the Union, certain conditions were an-
litexed, for the free acceptance or rejection of the convention,
among which was the application of a part of the nett proceeds
of the lands lying within the State, to the lay ing out and making
of public roads, leading from the navigable waters emptying into
ihe Atlantic, to the Ohio, to the said State, and through the
same—such roads to be laid out, under the authority of Congress,
with the consent of the several States through which such roads
¡»hall pass. In compliance with this act, the law of the 29th
March 1806, for the construction of the Cumberland Road, re-
cjuested the President to obtain the consent of the States, through
which the. road was to pass. At this early period, it does not
appear that the subject had been much reflected on. Mr. Mun-
roe's views, presented to Congress on the 4th of May, 1822,
contains this passage—"The States, individually, cannot trans¬
fer the power to the United States, nor can the United States
receive it. The Constitution forms an equal, and the sole rela¬
tion, between the General Government and the several States,
and it recognizes no changes in it which should not in like manner
apply to all. In addition, I will read an extract from the Re¬
port of the Committee on Roads and Canals, in the first session
of the 18th Congress. [Mr. Hemphill here read the following:]
"The General Government cannot acquire exclusive jurisdic¬
tion, except over all places purchased by the consent of the Leg¬
islature of the State, in which the same may be for the erection
of forts, magazines, arsenals, dockyards, and other needful build¬
ings The States can, in no other instance, give jurisdiction to
the United States. The General Government derives its whole
power from the Constitution, and it can neither be increased nor
diminished, in the slightest particular, by any other means, than
by an amendment of the Constitution.
"The General Government and the States, are to act in their
own proper spheres, on the powers they respectively possess;
they cannot exchange power, or, by any consent or combination
of power, give or take jur sdiction from each other."
, Congress became so well convinced of the inutility of obtain¬
ing the consent of the States, that by the act of the 3d March,
1825, for the continuation of the Cumberland Road to Zanes-
ville, and to lay out a road from thence, by the Seats of the Go¬
vernments of the States of Ohio, Indiana, and Illinois, to the
Seat of Government in the State of Missouri, omitted the dause
entirely. -Indeed every one, on the slightest reflection, will see
that power cannot be acquired in this way, and to exercise it in
this modified form might lead to delays and inconveniencies:
some States may assent and others decline, and the consent may
he given on conditions concerning which, disputes might after¬
wards arise.
1 am fully convinced, that where either government possesses
jurisdiction, it had better act on its own authority: where there
is a concurrent jurisdiction, there can never be a necessity for
both to act; for, if one acts, both can enjoy the benefit of it.—
1 am speaking of Internal Improvements; in such cases there can
be no danger of any confliction; for it is unnatural to suppose,
that one would desire to expend money on an object, which the
other had commenced and was willing to accomplish of its own
accord, I will here be allowed, Mr. Chairman, to make a few
general observations on the subject of Inlernal Improvements;
and I will begin with calling to the recollection of the Commit¬
tee, extracts from the Messages of several of the Presidents.
2
i
l'fir
Mr. Jefferson, in anticipation of a surplus revenue, made sug- *
gestions as to its application. He asked, "Shall it lay unpro¬
ductive in the vaults? shall the revenue be reduced? or shall it
not rather be appropriated to the improvement of roads and ca¬
nals, rivers, education, and other great foundations of prosperity
and Union, under the powers which Congress may already pos¬
sess, or by such amendments of the Constitution, as may be ap¬
proved of by the States? While uncertain of the course of
things, the time may be advantageously employed in obtaining
the powers necessary for a system of Improvements, should that
be thought best."
Mr Madison, in his Message of 1815, refers to this subject
and says, that "Among the means of advancing the public inter¬
ests, the occasion is a' proper one for recalling the attention of
Congress, to the great importance of establishing, throughout
our country, the roads and canals which can best be executed un¬
der the National authority. No objects within the circle of po¬
litical economy so richly repays the expenses bestowed on them>
there are none, the utility of wnich is more universally ascertain¬
ed and acknowledged; none that do more honor to the govern-,
ments, whose wise and enlarged patriotism duly appreciate
them; nor is there any country which presents a field, where Na¬
ture invites more the art of man, to complete her own work, for
his accommodation and benefi'. These considerations are strength¬
ened, moreover, by the political effects of these facilities for in¬
tercommunication, in bringing and binding moré closely together,
the various parts of an extended confederacy. Whilst the States,
' individually, and with a laudable enterprise and emulation, avail
themselves of their local advantages, by new roads, by navigable
canals, and by improving the streams susceptible of navigation,
the General Government is the more urged to similar undertak¬
ings, requiring a national jurisdiction, and national means, by
the prospect of thus systematically completing so inestimable a
work ; and it is,a happy reflection, that any defect of the Con- »
stitutional authority, can be supplied in a mode which the Con¬
stitution itself has providently pointed out." Again, in his Mes¬
sage of the 3d March, 1817, he says : "I am not unaware of the
great importance of roads and canals, and the improved naviga¬
tion of water streams, and that a power in the National Legisla¬
ture, to provide for tneni, might be exercised, with signal advan¬
tage to the general prosperity."
Mr. Munroe, in Iiis Message of 1817, observed that, "When
we consider the vast extent ot territory, within the United States,
the great amount and value of its productions, the connection of
its parts and other circumstances on which their prosperity and
happiness depend, we cannot fail lo entertain a high sense of the
advantages to be derived from the facility which may be afforded
in the intercourse between them, by means of good roads and
canals. Never did a country of such vast extent ofler equal in¬
ducements to improvements oí this kind, nor never were conse¬
quences of such magnitude involved in them." &c.
It
Mr. Chairman, in relation to the preservation of the Union,
the subject presents itself in the strongest possible light. The
character of the face of the country, the variety of soils and cli¬
mates, necessarily give powerful impulses to sectional interests
and feelings, and in the absence of great and National improve¬
ments, these different interests will be entirely regulated by the
mountains, waters, -soil, and climate; and the stronger these in¬
terests grow in their natural channels, unconnected, and indepen¬
dent of each other, the more will the atlections for the. General
Government diminish.
A people speaking one common language, and being in sub¬
stance the same people, can have no inducements to separate,
while their interests can be interchanged to the advantage of the
whole. But this highly interesting, political, and commercial, state
of society can only be attained and secured by Internal Improve¬
ments of a national character. There is no other choice. All
the wisdom and experience of man can contrive nothing else. It
is to Internal Improvements, and to those oniv, that the people
are to look for these high and permanent blessings.
A thorough and judicious execution of Internal Improvements
would enliven the whole country. The advantages of such pub¬
lic works are so universally acknowledged, that it would be time
mispent to go into any reasoning on the subject. The results
have been the same in all ages and nations. It is enough to say,
that it will promote the landed interest to its highest tide of
prosperity, and that will always be the leading interest of this
country. Where there is no carrying trade to a great extent,
commerce cannot lead ; it must follow the prosperity of the land,
and whenever that flourishes, commerce, manufactures, and the
various vocations of society will participate in the general good.
Congress can do no act which will so effectually remove the ne¬
cessity of a high tariff. The raw materials will be more abun¬
dant, and consequently cheaper. They can be transported to the
manufactory, and the manufactured articles from thence to the
market places, at a less expense. No policy ever was, or ever can
be presented to the National Councils, which would be more
purely American. It benefits the whole and oppresses none.
There is no country more susceptible of improvements, than
is our own. It comprehends so many degrees of latitude on the
ocean, and also of longitude in the interior, abounding with moun¬
tains, lakes, and rivers; and embracing almost çvery climate,
and variety óf soil. I will not fatigue the Coqimittee, by any
enumeration of the capacities of the country for improvements.
I will barely allude to one, which, I think, ought never to be lost
sight of—I mean the Atiaatic Canal, from ttje extreme North, to
St. Mary's, and one to connect the waters of the Atlantic
with the Gulf of Mexico, and from thence to New Orleans,
this once effected, would connect itself with all the landings and
valuable streams, from the Mississippi to the extreme North
and by the Erie and Champlam canals, with the Lakes, and the
St. Lawrence.
tí
The spirit of improvement has advanced in this country, and
is still advancing. In the local and limited sphere pf most of the
States, the opinion in favor of this policy has gained the ascen¬
dency.
It is in the general government, which alone, can plan and
execute for the welfare of the whole, where the greatest gloom
exists; it is here where old-fashioned prejudices and impediments
of every description seem to combine.
i he history of public undertakings discloses the fact, that, al¬
though in the beginning, discouragements and frowns always
await them, still, in the end, thanks can never be too bountifully
bestowed.
The first important turnpike road made in America, was oppos¬
ed with the most active violence.
The State of New York had to wage a warfare against the
prejudices of the times.
Their grand projects were believed by many to be romantic,-
impracticable, and far beyond the resources of a single State.
The execution of improvements met with similar resistance in
England,
When a turnpike road was projected, from London to the in¬
terior of tlu country, the landlords near the town became alarm¬
ed, as they feared that, by bringing the heart of the country so
near to the Loudon market, it would cause a fall in their rents;
but, to their surprise, they discovered that rents rose, along the
whole distance of the road. Still it is a remarkable fact, that
England, a nation so enterprising, and so celebrated for her anx¬
iety to promote her own interest, should not have prosecuted in¬
ternal improvement for ages after her means were ample. She
had read of the water communications in China. She was fa¬
miliar with the fame of the Romans, in the construction of their
stupendous aqueducts, and their costly and magnificent roads.
She had witnessed extensive improvements on the Continent,
and was acquainted with the utility of the canals in Holland.
Still she was not awakened until a hundred years after the exis- ,
tence of the canal of the two seas in France, when an enterpriz-
ing individual in a private undertaking, roused the nation, and in¬
fused among the people a spirit in favor of internal improvements,
which became irresistible, and pervades the kingdom to the pre¬
sent day. Fine roads superceded the common roads. Ca¬
nals are so numerous that they approach within fifteen or twenty
miles of almost every spot in England. Break'Waters are erect¬
ed at their dangerous harbors. Streams are every where im¬
proved, and superbly bridged. They are now engaged in the
grand experiment if the rail road system. The Darlington and
Stockton rail road shed such light on the subject, that it called
into action the enterprize of the large cities of Manchester and
Liverpool. A rail road, with four tracks, is now nearly com¬
pleted between these two tow ns, and to avoid the inconvenience
of a long train of coal waggons in the streets, a tunnell is made
under the large city of Liverpool.
13
It would be difficult for any nation to surpass English enter-
prize.
To accommodate the lower part of London, on both sides of
the river, atunnell (under the Thames) is now nearly executed.
I fear I may be rather tedious, examples, however, are some¬
times advantageous, and the theme itself is not barren of agree¬
able interest, Reflections on this very subject, afforded conso¬
lation to the late emperor of France, when a prisoner on the
rock of St. Helena This'extraordinary man, among his other
feats, was, in the cause of internal improvements, the mighty
champion of the age. In speaking of the treatment of the allied
powers towards him, he said; "at least they cannot take from
me, hereafter, the great public works Which 1 have executed,
the roads which I have made, and the seas which I have united.
They cannot place their feet to improve, where mine have not
been before them. Thank God, of these they cannot deprive
me." >
His public works, Mr. Chairman, were indeed, extensive and
splendid.
In a period from 1500, to 1513, in which he had to contend
with all the nations of Europe, and was deprived of Commerce
on the ocran, he executed improvements on the most expanded
scale. He made a thorough repair of twenty-five thousand miles
of turnpike roads, which had gone to ruin in the preceding years
of political anarchy. lie projected eighty bridges of large di¬
mensions, forty of which were finished, and the remainder par¬
tially executed. ,He planned thirty distinct canals, seven of
which were completed. Among the unfinished, were several
very important ones; such as the canal of St. Guentin, to con¬
nect the river Somme with the Scheid;' the canal de St. Ourcy,
to supply the whole city of Pari$ with water; the canal of the
Mease and the Rhine, to connect the Baltic with the channel;
and the canal of the Rhone and the Rhine, to connebt Marseilles,
on the Mediterranean, with Amsterdam, on the Gei man ocean.
He improved the navigation of fifteen rivers, and reclaimed ex¬
tensive marshes. *
A't Antwerp and Cherbourg, he constructed great basons, for
ships of war or commerce; and he also improved, extensively,
eighteen or twenty other ports.
He almost re-made the roads in Italy; and the excavations at
Pompeii were prosecuted under his auspices, until it exhibited
one of the most interesting curiosities ¡n the universe. He com¬
pelled the Alps to bow to his. genius, which, from the creation,
had looked down on the rest oí the world. Over the most fright¬
ful and precipitous parts of these and the adjacent mountains, he
constructed fourteen hundred miles of good turnpike roads. This
is a mere outline of the grand works .which he executed in the
short period of thirteen years.
Mr. Chairman, if the surplus revenue, after the extinguish¬
ment of the public debt, does not disappoint our expectations, this
a
¡country, in the space of twenty years, may be made to rank with
any on the globe. We have labor and skill enough—we have
no wars, or prospect of wars—we seem invited to the execution
of public works, to give to the country that artificial finish,
which our interest and political considerations require.
To effect this great end, Mr. Jefferson, Mr. Madison, and Mr.
Monroe, proposed a change in the Constitution, to invest Con¬
gress with an explicit and complete power. The latter has more
especially described the extent of his meaning. It is to give
the General Government power to execute a system of internal
improvements ; and to erect toll gates on national roads, with an
authority to punish individuals who shall do any injury to the
' public works.
Let us examine, for a moment, the practicable operation of the
system thus proposed by these gentlemen. Will the exer¬
cise of the power to make a road produce any bad effects ? Pri¬
vate property can be taken for public use, on paying a just com¬
pensation. Will a state be prejudiced by a good road passing
through it, which will increase its population and wealth, and
cause busy villages to rise up, and industry to be excited on
the whole line ? Will it make any difference to the owner of
land, whether he is paid by a state or by the United States ?
Will the heads or hearts of the appraisers be changed by the cir¬
cumstance of their acting as citizens of the United States ?
Will the travellers care whether the gates are erected by a
state or the General Government ? Individuals who commit any
injury to the works, as in the case of those who obstruct the mail,
would be liable to federal jurisdiction. This, however, formed
no objection in the mind of Mr. Monroe, and even this can be re¬
moved by investing this power in the State Courts, .as has been
practised in several cases. A fugitive from justice is to be exam¬
ined before a State Judge or Magistrate. By a law passed in
1798, "all Judges and Justices of the Courts of the several States,
having authority by the laws of the United States to take cog¬
nizance of offences against the constitution and laws thereof, shall
respectively have the like power and authority to hold to secu¬
rity of the peace, and for good behaviour, in cases arising under
the constitution and laws of the United States, as may or can be
lawfully exerçised by any Judge or justice of the peace of the res¬
pective States, in cases cognizable before them." By an act
of the 8th of March, 1806, the respective County Courts, within
or next adjoining the revenue" districts, shall be and hereby are
authorized to take cognizance of all complaints and prosecutions,
for fines, penalties, and forfeitures, arising under the revenue
laws. And by the act of the 21st April, 1808, the aforesaid act was
continued without limitation, and extended to additional districts.
Again, on the 10th of April, 1816, in the Act'chartering the
Bank of the United States, it is declared- that nothing herein
contained shall be construed to deprive the Courts of the indi¬
vidual states of jurisdiction, under the laws of the several states,
15
over any oflence declared punishable by this act. The State Legis¬
latures can aid in the protection of an United States law j and they
have generally passed laws to punish for counterfeiting the notes
of the United States Bank. 1 think there will be no difficulty
on this subject, when we bring our minds to reflect upon it.
These offences are rarely committed. I do not, for the last
thirty years,recollect an instance, on the Philadelphia and Lancas¬
ter turnpike, or any forfeiture for the evasion of the tolls. If gates
were put on the whole of this contemplated road, I do not suppose
that more than three or four çases would occur in a year ; and,
perhaps, none ; and as I have already said, the State courts can *
he invested with a jurisdiction over them. This road would not
be finished this five or six years, and before then, the country, I
presume, will come to some practicable result, as to the mode of
repairing national roads. The repairs, in my opinion, ought to
be made out of the money of those vvha use the roads. It cannot
be expected that the General Government will annually appro¬
priate money to repair roads.
The best policy will be to construct or to aid in the construc¬
tion of roads, and afterwards let them maintain themselves, which
they will always be capable of doing.
Mr. Chairman—the Constitutional question, I think, in the
language of Mr. Madison, ought to be precluded ; yet other
gentlemen may not agree with me in this opinion, and as this is
the last time that ever I expect to speak at large on the subject,
I wish to comprise the whole case in my observations.
I will premise that the power is one which Mr. Jefferson,
Mr Madison, and Mr. Monroe thought ought to belong to the
General Government. They did not view it as obnoxious in its
character, and dangerous to liberty ; but as the means of bind¬
ing the union together, and of promoting the best prosperity of
the country. The case is stripped of every odious feature, and
resolves itself into a naked question of constitutional law. The
only difference between the illustrious gentlemen, whose names
I have so repeatedly mentioned, is, that the -friends of national
improvements believe that Congress possesses the power already.
These three Presidents were so ardent on the subject, that they
fecommended a change of the Constitution. We say that no
change is necessary—that the constitution is a sacred instrument
and should never be touched without fear and trembling. For
my own part, 1 think I never will vote to amend it, except to
elect the President for a single term. Neither of the Presidents
alluded to were ever suspected of being unfriendly to state rights,,
or inclined to invest the General government with unreasonable
power.
Although this subject has been discussed so often, I do not re-
eollect that a passage in the Federalist relating to it has ever
been read. In No 14, the objection drawn against the constitu¬
tion, from the extent of country, was answered. In this answer,
speaking of the effects of the constitution, it is said—Let it be
remembered, in the third place, that the intercourse throughout
the «union will be daily facilitated by new improvements. Roads
will every where be shortened and kept in better order ; accom¬
modations for travellers will be multiplied and ameliorated. An
interior navigation on our eastern side will be opened throughout,
or nearly throughout, the whole extent of the thirteen states.
The communication between the western and Atlantic districts,
and the different parts of each, will be rendered more and more
easy, by those numerous canals, with which the benificenc ■ of
nature has intersected our country, and which art.finds it so little
ditficult to connect and complete." *It is evident that the writer
contemplated this to be effected by the General Government.*
lie was speaking of the effects of the Union, and he never could
have anticipated that the grand canal alludeu to would ever be made
by the states. The states could make no compact with each other,
lor this purpose, without the consent of Congress. The power was
taken from them, and it naturally went to »he General Govern¬
ment, until it should be receded in the mode prescribed. Can it
be expected that the states will enter into compacts, to make
roads, calculated more for national, than local purposes, and
then come to Congress for their consent ? If we place our reli¬
ance on the states, the road in question will not be made, for a
thousand years to come. In the discussion of constitutional ques¬
tions, we mu :t consider ourselves as citizens of the United States,
as well as of the particular state to which we belong. The
lights of each should be cherished with equal zeal.
The constitution has invested Congress with certain enume¬
rated powers, and I have always concurred in the opinion, that
• the common defence and general welfare ©f the United States, is
to he obtained by the due exercise of these powers; otherwise,
there would be no limits.
But the fra'mers of the Constitution, foresaw that Congress
would frequently have to legislate on implication, in relation to ,
those powers; and to remove all doubts as to the right •'they
gave this general power by an express grant. A power to make
all laws which shall be necessary and proper for carrying into
execution the aforegoing powers; aud other powers vested by
this Constitution, in the Government of the United States, or in
any department, or officer thereof. From the nature of this
power, no boundaries could be given. It is left on the broad
ground of genuine construction. It is no longer an implied pow¬
er; it is a construction of the Constitution, under an express au¬
thority to do so; it is not restricted as to objects, nor is it con¬
fined to times of war or peace Most of the express powers
were acted upon, in the early days of the Government, and the .
principle acts of legislation since, have been founded on con¬
structive powers. The promotion of the public welfare, as ex¬
pressed in the Constitution, may be considered, as an intimation
for a liberal construction, where the object leads to the good
-and prosperity ©f the country.
17
It has always seemed strange to me, that this constructive
power should be acquiesced in so generally, and yet denied
for the purpose of improving the country.
We are never a w;eek in session, without acting upon these
constructive powers. Our statute books are full of instances.
•There are the laws relating to fugitives, who are held to service or
labor, in any of the States. The laws relating to the carrying
of the Mail, the Military Academy, Pensions, Navy Hospitals,
and Trading Houses among the Indians, are all creatures of con¬
structive powers. So afe the laws relating to our Fortifications^
Light-Houses, and Revenue Cutters. In the same class, may be
placed the practice of clearing rivers, removing sand-bars, im¬
proving harbors, and erecting break-waters. In* the same class,
also, may be considered the laws concerning vaccinations, the cul¬
tivation of the vine, and giants of land for education. I cannot
remember but a small part of them. We do not confine our¬
selves at home. We have gone abroad, and have granted mon¬
ey to the inhabitants of St. Domingo and Carracas; and we con¬
veyed General Lafayette to his native home, in a Nátioual Ship
of the line. By mere implication through the treaty making-
power, Territories have been acquired, which are larger than
European Empires, and under the same constructive powers,
the inhabitants have been received into the American family^
and made citizens. Even in our every day affairs, we see thé-
same thing; we do not enjoy our library, maps or stationary, by
any express power.
Mr. Chairman, we are not only in the practice of making
laws which are the mere offspring of constructive power; but
we enforce those laws, by the highest penalties, and inflict the
sanguinary punishment of death.
The gentlemen who oppose the power, fall, as I think, into a
capital error. They suppose that a jurisdiction over the ground
occupied by the road, would be acquired by the General Gov¬
ernment; this is not the case Any crime committed on it,
would remain as before cognizable in the Mate Courts. Con¬
gress would only have a protecting power over its own law, as
in every other case. Whenever Congress has a constitutional
power to make a law, it has the power to prevent the object of
the law from being defeated. Congress pass laws to inflict pun¬
ishments, for obstructing the mail; still a larceny committed in
the Mail Coach, or in an United States Court House, would on¬
ly be of State cognizance. We are familiar with these protect¬
ing laws; the sea, for a certain distance, belongs to the adjacent
States, as a part of their domain; but such parts of the sea and
the mouths of rivers are covered with Revenue Cutters, possess¬
ing high and arbitrary powers, such as boarding a vessel by-
force, and nailing down the batches; yet these acts, which are
merely to protect an United States law, have never been consid¬
ered as any infringement of State rights. President Monroe, in
bis views, agrees that Congress can appropriate money to make
3
18
a road, but this he thinks, would exhaust their power, They
cannot put a toll gate on it, and inflict penalties for any injury
done, as this would give jurisdiction.
Here consists the grand fallacy, this ideal faney of jurisdic¬
tion. What jurisdiction, 1 will ask, attends such a law, that does
not follow every act passed by Congress, a mere power of pro¬
tecting constitutional legislation? Congress cannot pass a single
law which may not encrease the business of the United States
Courts; but it is no new species of jurisdiction—it is a mere
right to interpret the main part of the act, and of the provisions
designed to enforce it. If the law itself is constitutional, it is
too much to say, that it cannot be protected by the usual penal¬
ties.
Is it possible that Congress can Macadamize a road, and build
splendid bridges, and that the first set of disorderly men, who
may pass along can, with impunity, defeat the whole, by tearing
up the stones and demolishing the bridges?
I confess that I cannot understand the doctrine, which goes to
say, that money in the treasury may be appropriated to a par¬
ticular object, when we would have no right to send a tax-gath¬
erer to collect money for the same object.
The power to lay and collect taxes is co-extensive with the
power to appropriate. But h is said that the mere appropria¬
tion imposes no burthen on the people. This is an» evident mis¬
take. The money in the treasury belongs to the people, as well
as the money in their pockets, and Congress cannot touch a
cent of either, unless it is to carry into effect some expressed or
implied provision of the Constitution. I feel a clear and full
confidence that thpre is not the slightest foundation for the dis¬
tinction; and I am persuaded that every candid mind, on reflec¬
tion, however dazzled at first, will abandon it. I hold it to be
universally true, that whenever Congress can make an appro¬
pria'ion, it can prevent the law from being defeated by the usual
penalties, when necessary.
The people wish the exercise of this power, they welcome
the engineers and surveyors; they rejoice to see them: and the
only want oí harmony that exists, is a contest as to the route of
the road. In all the cast s of surveys, with a view to internal im¬
provements, no interruption has been interposed in a single in¬
stance. On the floor of Congress, tiie subject has undergone
generous and animated debates; and the power has always been
sustained from the date of the Cumberland road, in 1806, to the
present time; and roads have been frequently made to and in
the new States, which could not he done ii the power did not
exist. Congress has no power, nor can have any that is not de-
rivtd fiom the Constitution.
In 1818, a resolution passed this House, asserting the power
to construct post roads, military roads, and other roads, and to
improve water courses And a resolution passed, directing the
Secretary of War, and the Secretary of the Treasury, to report
19
plans for internal improvements. The Secretary of War did
report on the subject, at the next session; and the Secretary of
the Treasury would also have reported, if he had not been pre¬
vented by indisposition.
Congress has solemnly acted on this power on two occasions.
First, in the passage of a law in both Houses, to set apart the bo¬
nus and dividends of the bank of the United States, as a fund for
internal improvements. And, again, in passing of a law in both
Houses, for the erection of toll-gates on the Cumberland road.
It is the genius of all our institutions, that the will of the major¬
ity is to prevail. An instability in construing the Constitution
by Congress, would produce as bad etfects, as if the same should
occur in the Supreme Court of the United States.
If the construction put on the Constitution is a glaring mistake,
or the offspring of party violence, and dangerous to liberty, let
it be disregarded. But when it leads to the prosperity of the
country, and the arguments in its favor are respectable, we are
justifiable in adhering to the precedent as the evidence of a genu*
ine construction.
I will, however, examine this part of the subject, while I am
up, a little more minutely.
Congress possesses power to regulate commerce with foreign
nations, and among the several States, and with the Indian tribes;
to establish post offices and post roads; to declare war, and to
raise and support armies. The word regulate, as employed in
the Constitution, npcessarily means, to embrace any act that will
benefit commerce among the several States. Nothing can be
of higher importance to this nation than its internal trade, and
the greatest embarrassment it can ever labor under, is the dis¬
tance of the places between which it is carried on; and this can
only be subdued by good roads and canals. They will regulate
and lessen the cost, of transportation; it will also regulate and
make the prices of similar articles more uniform in the different
parts of the country. What other law or regulation could you
make, that would be of the same advantage to inland trade? To
regulate commerce with foreign nations, consuls are appointed
to assist merchants abroad—and we have erected light houses,
piers, buoys, and beacons. To regulate commetce with the In¬
dian tribes, roads have been made in the Indian territory, and '
trading houses have been established.
What is the object of these Light Houses, and Light Ships,
and all this class of poweis constantly exercised by Congress?
Is it not to lessen the price of transportation, by removing dan¬
gers, and rendering the navigation more safe and secure? —
In these laws, no mention is made of a single article of mer¬
chandize—nothing is said about duties, or about buying or sell¬
ing, or of drawbacks, or debentures—the sole object is to lessen
the price of transportation. And when we find the power to
regulate Commerce among the States, given by the same sen¬
tence,, and expressed, in the same words, why can we not apply
20
the same principle to the regulations of Commerce, among the
States? Why can we not lessen the price of transportation?
Can any one make a sensible distinction? We do not stop with
mere statutary provisions—the agency of the mind and hands
are employed; stone, and mortar are used, and the allodial soil
is frequently called into requisition. Do you not purchase sites,
and build Custom-bouses?
Before the adoption of the Constitution, the several states could
have regulated the commerce between themselves, by the means
of roads and canals, or in any other way ; but the Constitution
has.restricted the stales from entering into treaties, or contracts,
and now they have no direct means of regulating commerce
among themselves. It seems to follow, as a necessary conse^
quence, that the whole power which previously existed on this
subject, among the states, as entire sovereignties, is carried to
the general head, where it can be exercised to so much greater
advantage.
Can it be supposed that the framers of the Cons:itution, look¬
ing forward to the future glory of the nation, and being ac¬
quainted with the benefit of roads and canals to internal trade
in other countries, could have intended to prostrate all power
over this subject, in a national point of view ? The framers of
the Constitution were too wise to attempt to particularize any of
the incidental powers They well knew ihe impracticability of-
it. To mention one, might be considered as the exclusion of
others; and they left them all to the sound discretion ofCon-
gress. They may or may not haveTïïought oFÏÏghTTïïïûses ; but
if they did, it was safest to say nolhing about them ; and if such
an amendment had been moved, I pr esume it would have been re¬
jected It was their study, in those cases, to be general, and
not particular. The objects which clothe Congress with power
must be national, and reaching in their considerations beyond
state sovereignty.
I will detain the committee a little longer, with their indul¬
gence, on the subject of post roads. It is said that this clause of
the Constitution gives the power only to select a road in being,
and not the right to create or make a road. We do n^t resort to a
dictionary on these occasions; but it is of importance to know the
acceptation of the word, in state papers, in Legislative acts, and
in other parts of the same instrument. From these sources we shall
discover, tha" the word establish, means to create, and not merely
to designate a \ hing in being. In the first treaty we had with Fi ance,
it is siated to be the desire of the parties to establish suitable regula¬
tions between the two countries. A similar expression is used
in our treaty with England. I have not taken much pains to
search lor the word in legislative acts ; but the committee, will
recollect the phraseology in many of our acts of Congress.
There is an act to establish navy hospitals. Here land is to
be purchased, work done, and a building erected. There is
another to establish trading houses to trade with the Indians.
21
The word is used in the same sense in the articles of
confederation. It speaks of the regulations to be established by
Congress. The word is used in no other sense in any part of the
Constitution. It begins with the words, ordain and establish this
Constitution. It speaks of such courts as shall be established
from time to time, and that the ratification of nine states shall be
sufficient for the establishment of this Constitution. It gives Con¬
gress a power to establish an uniform rule of naturalization, and
it is evidently used in the same sense, in the very clause now in
question—to establish post offices and post roads. As to offices,
it means to create ; wiiy change the words from those used in
the articles of confedeialion, if it was not to enlarge the power?
In that instrument, nothing is said concerning roads. The words
to establish post roads, must mean, to make them, when neces¬
sary ; or they are valueless. If Congress are obliged to use the
state roads, they can have no interest in the route. The mail is
not to be opened, between the two offices, and the mail contract¬
ors would lake care to select the best route for themselves.
The power to be exercised in this case is not implied—it is
expressly given ; as the word establish, must mean to make a
road wherever required—otherwise, any state could shut up their
roads, and prevent the United States from carrying the mail.
When a fortification is made, will any one deny that a road can
be made to it ? And if Congress can make a road for a mile,
they can make one for a thousand miles, whenever the same ne¬
cessity exists. Suppose an insurrection should break out, and a
state through which it wquld be necessary to pass, should so far
favor the insurgents, as to close her roads in that direction,
could not Congress open them ? Or, in the case of a war with
a foreign nation, if it should become necessary to construct new
roads to carry on the war, could not Congress make them?—1
mean, constitutionally. And whatever can be done agreeably to
the provisions of the I onstitution, in a. state of war, can be done
in peace, as preparatory to other wars Whatever can be ac¬
complished at one moment, can be efiected at all moments. The
Constitution does not accommodate itself to times or circumstan¬
ces, it remains fixed and unchangeable.
The objection to the power of Congress, I trust, will soon en¬
tirely disappear. There has been a mist over the subject—a
kind of political charm, leading many into the strangest incon¬
sistency. For instance, if the owner of a few barren acres
should rob the mail; by mere implication, you can consign the pro¬
prietor of the soil to the disgraceful punishment of death under the
gallows ; but as to the bit of land be leaves behind, however ne¬
cessary for the carrying of . that very mail, and for war and
inland trade besides, you cannot exercise over it the most imper¬
fect of all rights, the mere right of a way, and to put a toll gate
on it,"to raise a little money to keep it in repair.
A harmonious union, Mr. Chairman, of the various interests of the
country, can have no tendency to a consolidation of political power.'
22
The highways will be open to all; and I sincerely believe, that the
preservation of the Union depends less on the sword, than in a kind
feeling, which is only to be nourished, by beneficial intercommuni¬
cations. For my own part, I have no fears; I think the Govern¬
ment will last for a great many ages; but at the same time, we
should gJard as much against a dismemberment as a consolidation.
The doctrine of State rights will always be the popular side of the
question; but great care is to be taken, least the General Govern¬
ment should be too much impoverished. What dread is to be ap¬
prehended from the General Government? What can it eflfect
against the wishes of the States? Nothing—the arm of the General
Government cannot move in opposition to the will of the States.
Twenty-four States, organized and possessed of the power to raise
money, and to equip troops, and being composed of the same people
that form the Union, what have they to fear? Nothing. The sover¬
eign power in this country, is in the people; and while they remain
true to themselves, and preserve the purity of the elective franchise,
all the earth cannot take their liberties from them.
Mr. Chairman, the cause I am advocating, did not originate in
the Cabinet at Washington, it sprang from the people; and hitherto
has been borne on their voice, and on that alone. The expediency
of exercising the power under the General Government, has been
frequently recommended;, but these recommendations have been
accompanied with doubt3 or insuperable difficulties. There has been
no cheering countenance throughout, from any President. Still the
cause is in full life, it has not been repressed. It is a cause of as high
importance, and equal in purity, to any that has ever been debated
in the National Councils. It is a noble and virtuous cause; it does
not seek to gratify aspiring ambition nor to exhibit any useless show
of pomp and splendor; its sole aim is good of country.
It is a cause that is not allied to any political party, old or new;
it has been espoused by political partisans of every description; ahd it
gives me pleasure to know, that the late most amiable Mr. Lownes,
of South Carolina, was the friend of National improvements. He
discerned the power in the Constitution, and was convinced of the
expediency of exercising it. Than this distinguished citizen, none
in the Union was more admired for integrity of character, and clear¬
ness of intellect. It gives me pleasure too, to know,that his Excellency
the Governor of Pennsylvania, in his official character, has recog¬
nised the power.
On the fate of this bill, Mr. Chairman, in my humble judgment,
depends a large portion of the prosperity and glory of this country,
for a long time to come.
From this point we are destined to advance, or to retrograde; and
Î most solemnly invoke the friends of the cause, to act from a spirit
of conciliation, and not to suffer the bill to be entangled with other
objects of improvements, or to be separated into parts.
I made a similar and successful appeal on a former occasion; it
was in the case of the Chesapeake and Delaware Canal. That inter¬
esting and highly national object, had undergone the ordeal of Con¬
gressional inquiry for twenty years, succeeding alternately, in one
House or the other, but always defeated in the end by a connection,
with other subjects.
23
Many objects of a national character, have been presented to the
committee; but all cannot be acted on at once. When the question
is fairly settled, the different sections of the country will know, that
their turn will come as soon as practicable. In the meantime, the
state of the public mind, will be in readiness for more enlarged oper¬
ations, as soon as the national debt shall be extinguished. We have
selected the road in question, as the fitest for the peculiar moment; it
combines in a high degree, the objects of war, intelligence, & inland
trade—the three fountains from which the power of Congress flows.
It commences in the regions where the last war began: it passes by
the Seat of the General Government; and it ends where the liberties
and independence of our country were so gallantly maintained, in
the person of our present chief magistrate and his brave little army*
The cause, Mr. Chairman, is magnifyir g every day in impor¬
tance, and if the rail road system does succeed, as its friends anti¬
cipate, and the power of steam can be applied, as many imagine,
and as some experiments seem to prove, the most comprehensive
mind cannot foresee the prodigiously improved condition of the
country, which may be effected in the next twenty years. s
Distances will become mere slight inconveniences to the plea¬
sure and industry of the country, and the modes of conveyances
over the whole civilized world vvill be changed.
Mr. Chairman, patriotic excitements are salutary to a society of
people They delight in noble achievements; the example of the
United States may produce an influence on the rest of the world.
When we are known to be inclined to reconcile national differ¬
ences, rather than to excite wars, and are seen devoting ourselves
to the happiness of the people, in the promotion of such public
undertakings as will advance their interest and go down to posteri¬
ty as the best evidence of our solicitude for the permanency of
our republic. We can never expect to see a fairer moment than
the present to commence the internal improvements of the coun¬
try on a scale worthy of their importance and of the public spirit
and enterprize of this great nation.
WM. GREER, PRINTER