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partisans used that argument, who did not themselves bejieve there was much truth or weight in it? And, admit that the power of making surveys was ever so much abused by a late administration, because a good thing has been used for a bad purpose, does it cease to be good, if properly used I come now to notice the speech of a gentleman from Virginia, [Mr. ARCHER) who seemed so po magnanimous toward the State of New York. I was happy to hear him—the strain was so new, that it made a strong impression upon me—the gentleman seems to have made the discovery that there can be something that is correct without the bounds of the State of Virginial But, before the gentleman praises New York too highly, let him wait and see how she will vote on this question. If New York is to vote down this bill because her petition for aid was once rejected, what is she to expect in future?, Will, the time never come when New York will apply for a share of that very aid she is now asked to refuse ! And what will then be said to her by the power of the West on this floor 1 Sir, I hope New York will be magnanimous—too magnanimous to cherish the remembrance of a disappoint. ment, and the feelings of resentment it excited. The gentleman ought to have recollected that the policy of New York in making the application was directly in contradiction of all his theories as a politician. When Clinton asked this body to grant aid to the State of New York, did he come here ignorant of the constitution; and, if not, did he hold the same views of it as that gentlemau and his coadjutors No : he acknowledged this Government had the power and the right to grant the aid he solicited. The gentleman has used soft words—I will not use the vulgar phrase, and say he has been pouring soft soap down the backs of the New York delegation; but he can never reconcile her conduct with his principles. The gentleman told us that if the General Government did not engage in these works, they would be done by the States; but, according to his argument, if this Government does not, the States will not. We have heard new doctrines broached here. The gentleman seems to have taken lessons in the school of a certain judge in Israel, and to have adopted that maxim of exalted morality, “all is fair in politics.” The gentleman is hot for forming a coalition—he will coalesce with any body; but it is for the most unprincipled purpose, if that combination is to be directed against the policy of the tariff, and of the internal improvements of the country. I speak for myself alone—in relation to my own morality; I can, of course, speak only for myself; but I have not much confidence in . morality of those who are ready to join with any body in opposing one of the most healthful attributes of this Government. If I do not forget, that same gentleman told us that if Virginia should ever alter her law respecting elections, he would pack up and remove into the very heart and centre of Africa. But Virginia has changed her law of elections, and the gentleman has not removed to Africa. If our eyes and ears do not deceive us, he is still here—and I apprehend he will not go there. I greatly fear it. If he does, however, he will not, of course, stop at Liberia, because the people there are in favor of internal improvements. They are all for building houses and making roads, and engaging in every design that can improve their colony. And, what is worse for the gentleman, he cannot remain at home. This policy has got down the country, till it is reaching tide water. The next thing we hear will be, that it has driven the gentleman down to low water mark. When it comes to that, the gentleman must embark for Africa, or somewhere else. Would it not be better for him to try to content himself at home, bad as things are, and to say, in the midst of all the noise of canal diggers and road makers—
Virginia, with all thy faults, I love thee still: [Here the debate closed for this day.] .
TUESDAY, APRIL 13, 1830. THE ARMY.
The House resumed the consideration of the resolution reported from the Military Committee, requiring the Se: cretary of War to report a new organization of the army, so as to reduce the number of officers; the question pend. ing being on the motion of Mr. TAYLOR to commit the resolution to a Committee of the Whole House. Mr. WILDE said, that, when he was intereepted by the expiration of the hour devoted to resolutions, the other day, he had but a few more words to say. He had said, on that occasion, that the passage of this resolution would be an indication, on the part of that House, that they were prepared to vote for a reduction of the army. One go tleman had remarked that this was a proposition merely, to institute an inquiry. In this light he could not view it The Secretary is required to submit a plan for the redo tion of the number of officers; and should he report that no reduction could be made without detriment to the Pub. lic service, would it not be said that this was not an answer to the call made upon him by the House? The resolution either contemplates asking the Secretary whether an reduction can §. made in the officers of the army, without injury to the public service, and, if any, what? or it dire; him to propose a plan for this reduction at all events. l, either of these cases, he would deem it proper to commo the resolution to the Committee of the Whole on the state of the Union, that it might there be discussed, the prio settled which it involves, and then the result of their deli. I berations might be submitted to the Secretary of War” his action; or they might submit to the department only the inquiry in relation to the expediency of the meo and not call upon it for a distinct plan for reorgano a the army, without a proper investigation. It appearedo ... him that the proposition, as it now stood, was one askin; , them to express an opinion without deliberation. M. W. said he should offer an amendment to the resolution, if" motion for its commitment did not prevail. o: Mr. WICKLIFFE said, the question before the House
at: was on the commitment of the resolution to the Com" o of the Whole on the state of the Union. The propo" in the resolution did not contemplate a reduction " rank and file of the army, but only in its official o ** such reduction were proper, he did not know why ". . not as well be discussed in the House, as in a Co. o of the Whole. For his own part, he was anxiou. o some plan should be ofat the next session of* gress, by which the number of officers in the ol due “ be made to bear some proportion to the men. Tho". be “t proportion of officers, he believed, in his conscience." r. * * iseless. There is not a Government on earth [* * * W.] whose army is thus organized. A gentlem” o:* * makes the exception of that of Bolivar; but.”.” acquainted with the fact, I, of course, cannot j" "", exception, my “s According to the reports laid beforethe Ho". o never consists of more than five thousand fivo . * men; and what proportion of them are officers. A. * to the estimate of the members of the Military 0” * * there is a commissioned officer to every sewoo me s seven and a half. There are near seven hundred roo to command five thousand men l There a...: s ments in the service, each regiment consist”. to fly so companies, and each company of from so..."...isogo meu. Companies [he said] were in fact divided, ". at as the war, the number of men to a company "*. tion of . from eighty to a hundred. Unless some too. be o the army took place, the present officers ** belieuto brigadiers. The captains would be majoro nants captains by brevet. He asked if gent. t the
graduated at that institution.
portion of this expenditure bore to those required when the army consisted of ten thousand men. The differeuce is very small—three or four thousand dollars. For the last two years, the pay and subsistence had averaged two million three hundred thousand dollars. But this was not all; the Military Academy at West Point had become a part of the army. It had admitted two hundred and sixty cadets. It was true, they did not all remain to hang as a burden upon the army. After receiving their education, those who could procure a livelihood by a profession at home, preferred that course; the remainder hung upou the skirts of the army, at about twenty-four dollars per month, without the semblance of service. Something É. said] ought to be done in relation to the evils which grew out of this institution. Mr. DODDRIDGE inquired if this discussion was in order. Mr. VANCE said, he hoped the gentleman from New York [Mr. TAYLOR) would withdraw his motion to commit the resolution, in order that the discussion might proceed without interfering with the rules of the House. Mr. TAYLOR said, that, as his object was only to call the attention of the House to the subject, and as this object had been ... he would withdraw his motion. Mr. WICKLIFFE resumed. His reason for making the remarks which he had offered, was, that he conceived the motion to commit the resolution equivalent to a motion to reject it. He then recapitulated the arguments which he had used. In relation to the Military Academy, the door to military promotion was now closed to all who had not No man who educated his
own son, however well qualified he might be, or however
much he might desire to see him enrolled among the defeuders of his country, could gain admission for him till provision was made for the sixty or a hundred brevets already hanging upon the skirts of the army. There was no motive to excite the non-commissioned officers to a
ean ever hope to arrive; he has uo further motive for ac
tion, or stimulant to laudable ambition. Mr. W. said he had long been of opinion that the system pursued in relation to this Military Academy was a most unjust and ruinous one, that no man, however meritorious and well qualified, should be admitted into the army, unless he can produce a sheepskin, evidencing that he has graduated at this institution : . He thought no men could be more unjustly proscribed and disfranchised than those who were thus refused. The gentleman on my left [Mr. DE WITT] says, except editors of newspapers; but I say, not even orn. Mr. DANIEL observed, it appeared to him manifest that there ought to be a new organization of the army. When the army was reduced, in 1821 or '22, the object of that law was to reduce and curtail its expenditures; but we see that they have amounted to about the same since that pe.
riod as before. This he thought a sufficient reason why
something should be done. While they were urging the neeessity of retrenchment in every department of the Government, why not commence with the army, and at least lop off its useless parts? But, [said Mr. D.] be did not be. lieve that education could form a military character. Two
thirds of those educated at West Point could never be think it. He voted for
fitted to command an army, or a company, or even to perform the duties of an orderly sergeant. To be sure, some of them might be capable of these duties. What, it would be asked, is the best course to make them qualified ? Why, educate them at West Point, if you choose, but throw them back again into society, and let them take an equal chance for promotion with the rest of their fellow-citizens. If they have talents, no doubt they will be developed. If they have merits, no doubt they will be rewarded. There were many who had never received a military education, who were equally well qualified with those who had. Was such an education found essential in the late war? Not at all, sir; on the contrary, it was found totally useless, and, indeed, involved the country in more calamities than any other cause. He asked, was Scott a man who had received a military education? Not at all—he was a mechanic. Was Morgan? Not at all—he was a wagoner; and neither of them had more than a common English education. Let it also be remembered that Bonaparte took his officers from the ranks, for their valor and good behavior; and by that means created the finest army in Europe. He was told by the gentleman from New York, on his right, [Mr. CAMBRELENG) that in war we find a difficulty in getting officers, while privates were easily procured. This only proved to him that the gentleman knew but very little of the recruiting service: as it was notorious we had ten applications, during the late war, for officers, where we had one enlistment of a private soldier. There was, and there always would be, a greater number of applicants for rank, station, and command in the army, than there were offices to give them. The demand, if he might so express himself, in the language of the day, the demand was greater than the means of supply. He said that there would always be a sufficient .. of capable men in the intelligent eonmunity to form the officers of a o army than we should ever have occasion to raise; and that, too, without having occasion to seek them at West Point, or at any other point. After some remarks on the requisites necessary to render an officer of value in the service of his country, he proceeded to comment on the observation of the gentleman from Massachusetts, [Mr. Davis] on the preceding day, that the frequency of changes in the army would tend to create indifference in the officers as to their proficiency in military knowledge and science. It was said that they would reason with themselves, that, having the prospect of remaining but a certain period in the service, they would grow negligent and careless in the performance of its duties. Now, I [said Mr. D.] think that totally the reverse of this would be the case. I think that the adoption of such a measure as the one proposed, instead of discouraging them from the study of their profession, would, on the contrary, act as an additional stimulus to the acquirement of knowledge in it. When an officer knows that, every five or ten years, there will be a re-organization of the army, and that the most meritorious officers would be selected, and retained in commission, it stands to reason that every officer in the army, desirous of continuing in the service, would apply himself with unceasing diligence to the attainment of §. knowledge, and the improvement of those capacities, which alone qualify their possessor to be retained in his office. The argument of the gentleman from New York must, therefore, fail. The gentleman from New York [Mr. TAYLoR] had said that he had voted for the reduction of the army, in 1821, and that for doing so he had been assailed by the newspapers, and called a radical. The vote on that occasion showed that the gentleman thought it necessary that the army should be reduced. He complained of being abused by the newspapers in all parts of the United States. Well, [said Mr. D.] cannot he now stand the shot from a paper gun? Has he not susficient nerve to bear newspaper abuse? I cannot certainly e diminution of the army for
merly, and I hope that he will go with us now, and lend his aid to the accomplishment of so desirable an object. It would be the means of saving the country half a million of dollars annually; and he trusted that it would pass the House. He wished, indeed, that it had taken a wider range. He wished that the resolution had called upon the Secretary to state the number of effective rank and file, and of their officers; of captains of companies, of majors, of colonels, with a view to the establishment of the number of each necessary for the public service. He wished, he repeated, that the resolution had been couched in these terms, and that the principle of the reduction in 1821–22 should now be acted upon. He was not one who wished to see the country swarming with officers, in a tine of place as well as in war. Mr. STORRS, of New York, moved to lay the resolution on the table. Mr. VANCE requested him to withdraw his motion for a moment. Mr. STORRS declined acceding to the request. The motion was, however, negatived without a division. Mr. WANCE rose to adress the House, but the hour expired.
BUFFALO AND NEW ORLEANS ROAD BILL.
The House then went into Committee of the Whole, Mr. Haynes in the chair, and took up the Buffalo and New Orleans road bill.
Mr. LEA rose, and said that he had hitherto refrained from engaging in this discussion, partly on account of the exceeding reluctance and hesitancy with which he would at any time ask to be heard in this hall. But he had been influenced, also, by a desire to offer an amendment to the bill, at the time of presenting his views on the subject ge. nerally. Since an early stage of the debate, this had not been in his power, in consequence of the amendments and motions which had been pending; and he was aware that the same difficulty yet continued; but the manner and progress of the discussiou had admonished him that he should not longer refrain, and that he ought to use the contemplated amendment by way of objection and argument against the bill in its present form. He would thus be able to exhibit the comparative advantages of the plan of the amendment for executing this and similar works, and both modes would then be before the committee, so that gentlemen could fairly consider whether they would be willing to adopt either. If so, they would be prepared to vote against the motion now pending to strike out the enacting clause of the bill; but, if otherwise, they would sustain that motion which goes to defeat the whole bill. He thought it particularly proper, in order to test this mensure fairly, that both plans, and the whole subject, should be fully developed before the committee, previously to taking a vote on this question, which may be decisive.
I have thus [said Mr. L.] indicated, in a few words, my object generally; and I hope the committee will now indulgently allow me to present my views more at large. The peculiarity of my situation may afford an apology not ouly for my speaking, but, also, for giving some of my remarks a 1 direction. With but very humble pretensions, I have desired to be equally unassuming—and I might not have felt myself called on to depart, on this occasion, from my habit of silent voting, if this bill had not addressed itself directly to the homes, interests, and feelings of my constituents. But the proposition of the bill is, that this road shall run through my district somewhere; and (in the "glorious uncertainty" of these projects) that is taken to be almost any where and every where. The engineers, to be sure, travelled along the principal stage road through that country, and that is understood to be the western route indicated in their report. But there are many other roads running in the same general direction, along theextensive valley of East Tennessee, between Ken
tucky on the one side, and North Carolina on the other and private surveying has been resorted to for . the nearest and best way. And how many is it suppo there are of the good people along these respective foals who have any doubt that the way nearest to their dwell. ings is the very best way in all the world for this greatm tional road 3 Åll but one route (and that one, too perhaps) must, in the end, be disappointed; but, until the matter shall have been settled, hope will continue the flatterer of all. This multiform offer of a road to a people who have no ver received anything in this way, and who feel the wo of improved outlets to market more than any other part of the Union, has naturally produced uncommou o ment in that quarter. It is not difficult to know tho. riety and luxuriance of the growth of such a hotbed Many of my honest constituents have been led away's vain expectations, which they will never realize, and ex cited by means, some of which it is unnecessary to explo" Not only much speaking and writing have been resort." but, also, neighborhood, town, and county meetings have been held, to discuss and decide the constitutionality.” expediency of the very bill now under our consider”; and with the view of instructing me, and requesting * to support it, as constitutional and expedient; not *. for making such a road as is proposed in the bill, but “”. road, according to the rage of the times—even a splend national railroad ives of It is not my purpose now to inquire into the mo" . any who participated in those meetings, nor am I *: to be outdone by any of them in matters of civility." therefore, take occasion to perform a twofold duty-so of rendering my acknowledgments to all of them for attention which they have been pleased to pay to mo qu ring my absence from home—and, secondly, of. tendering the thanks of some of them to the honorable chairman.” the other honorable gentlemen of the Committee on Roa and Canals, for this precious bill, which seems to be regarded by some as almost a providential means of haster ing the millennium itself! Having discharged thus much of my lect another part of it, were I not to make remarks concerning these same . pened that, at some of them, a majority did selves quite so much flattered by the bill as to approbation. Such was the result, I understand, o' he so meetings, where the subject was fully discussed belo" people. They were a little shy of this proffered fa
The hook must be better baited before they can be to: I have forborne from censuring any one; but I should” justice to my own feelings, considering the extraordino excitement which this matter has occasioned among o constituents, if I were to refrain from awarding my se: i t commendation to such of them as have opposed th;" so really degrading, and yet so flattering to interested an superficial observers. With such temptations beforo them, and in the midst of great clamor in favor of the bill, they have manifested that kind of moral courage and Poo"d virtue, on which the liberties we enjoy must always do end—and even those who may candidly differ from them in opinion, must acknowledge the sterling patriot”. their course, in adhering to what they regarded as o principles. Liberty to them is more valuable than gol and I am proud to have the honor of representing * freemen. - t Another consideration adds to the peculiarity." my situation. I find myself the only member on thi" floor from several hundred miles of distance along the * plated route of this road, who refuses to take this ". poison, as it has been prepared. Two of my ho . . colleagues immediately to the west of me, and . o with two honorable gentlemen from Virginia. iono. y '', to the east of me, are in favor of this bill, although § * have arrived at that point by different roads, some of * *
are new and untravelled before. For all of these gentlemen I feel a sincere friendship personally, and I have, also, been in the habit of harmonizing with them on political subjects generally.
Perhaps you may consider .# situation rather embarrassing, in the midst of such a multiplicity of routes through my district—such a diversity of sentiment among my constituents—and such cross-firing from my friends in this hall. I confess that I derive no pleasure from this confu. sion—that I regret the conflict of opinion and of interest; but not so much from considerations personal to myself, as from others of public concern. Yet, it is to no purpose to express unavailing regrets; every one must act on his own convictions and responsibilities; and I assure the com mittee I have not the least doubt or difficulty as to my own course. ... I will not vote for this bill. I cannot approve either of its principles or of its details. But I am not, there. fore, an enemy to internal improvements; on the contrary, I would favor all of a proper kind, to be executed in a proper, manner. A good road through my country would doubtless be very convenient; and, certainly, I could have no objections against it in itself considered, but I have some objections against obtaining it at the expense of my own oath and the constitution—our liberties and permanent welfare.
Some honorable gentlemen have told us much of their obedieuce to the will of their constituents. I, too, acknowledge, to some extent, the force of such an obligation; but not quite so obsequiously, perhaps, as some of my friends. I would not be understood as regardless of their good opinion. I would prize it highly at all times, either in public or private life. Nor will I affect indiffer. ence to my own destiny; and it will be my business to satisfy my constituents of the correctness of my public conduct; but, whether I shall be able to do so or not, is to me a secondary consideration; for I hold that no man is fit to be a representative here, who can hesitate as to a choice between his own personal popularity and the preservation of the true principles of our Government. To them I look and adhere, as the best means of promoting the best interests of my people, rather than to delusive expedients for relief or pitiful advantages, resulting in no permanent good, but answering, for a time, the purposes of certain candidates for popular favor.
I was sent here to act on my oath, to do good, not mischief—to execute, not violate, the great compact of this Union.
My constituents, of all classes, have long known that I could not vote for any such bill as that now before us; and, while some of them have been asking me to do so, they must have had other motives than even a hope that I could comply with their request. They know my sentiments, and they expect me to maintain them. A majority of them sent me here as a State right republican, as contradistinguished from a national republican. They are jealous of the assumed, overgrown, and increasing powers of this splendid Federal Government; and they are not willing to look to it as the “dispenser of every good and perfect gift under heaven.” They see that it is becoming more and more the fashionable idol of the times, especially among those who desire to be initiated, or to continue priests at the altar, and they fear the danger that a new and ponderous machine will be fabricated as a substitute for the beneficent original; and that the idolatrous worshippers of this political Juggernaut, in whole communities, are to be crushed beneath its wheels. The thing has progressed some distance already; the devotees are assembling; and new converts, even from those who were thought to be steadfast in a better religion, are prostrating themselves before it. I yet belong to another faith; and, instead of these immolations having any tendency to proselyte me, they render the scene appalling indeed, and establish me in my own creed.
It cannot be expected that all will agree in opinion either as to politics or religion; but there are, nevertheless, in each, both positive and comparative differences between right and wrong, on which must depend the fate of individuals and of nations; and it should be the effort of every one, at all times, to attain the nearest practicable approximation to truth. But while important differences must exist, a spirit of toleration, and even conciliation, is indispensably necessary to prevent ruinous distraction. Who ean look to the vast and various interests by which different portions of this extensive country are influenced —by which their representatives here are propelled in different directions, without discovering the utter hopelessness of long managing the great concerns of this Union to advantage, or even continuing the partnership, without exercising the utmost forbearance, and executing a determination not to push matters to extremity ? When this General Government moves on the border of the constitution, even then prudence gives a caution; when it unscrupulously passes over a doubtful boundary, and occupies every inch of disputed ground, harmony and good feeling must yield to jealousies, animosities, and contentions; but whenever it shall boldly, deliberately, and perseveringly march further, and invade the undisputed territory of others; then the natural consequeuces must be, (as when the Rubicon was passed, and Rome was no longer free,) anarchy first, and despotism next. This Federal Government has often sported wantonly on doubtful ground; occasionally, but inadvertently perhaps, it has trespassed further; but if the bill now under consideration should ever become a law, in its present form, it would be idle, insulting, to pretend that we aim at any thing short of consolidation, and a complete conquest of the State authorities. I consider this bill as the most direct and daring attempt upon State jurisdiction and authority, that was ever before a Congress of this Union. Is it not? What does it amount to Nothing less than a positive direction to the President to take prompt and effectual measures to have a road made from the northern lakes to New Orleans, near the southern gulf, without saying one word as to the manner in which the jurisdiction or rights of States, or corporations, or individuals, are to be regarded or adjusted, in cases of difficulty. The strong arm of power must not be stayed, but must act promptly and effectually to accomplish the object, no matter whose rights or what obstructions may interpose; for gentlemen }. tauntingly told us, here and elsewhere, that an act of Congress cannot be controlled, unless the political omnipotency of the Supreme Court shall condescend to advise us of error. And is such a power as this to be put into the hands of the President of this Union, at this early day ? Is he to be authorized, com: manded, to go forward and make this road, without regard to the rights of any body ? The like of it never was heard of in any country that was not a downright tyranny, or where there was even a decent respect for the rights of man. Some mode of ascertaining rights, and compensating for damages, would seem to be indispensable. I have no disposition to push scruples or apprehensions beyond due bounds, but this bill has no bounds as to principle-and when or where are we to stop 1 At a proper time, it is my intention to offer an amend; ment, with a view of saving the rights of the States, of corporations, and of individuals, as far as practicable. At resent, I can only urge it as an argument, to show that the §. is not as it should be, and to point out a better mode of executing this and all similar works. By contrasting the amendment with the bill, the imperfections of the latter will appear more strikingly, perhaps, than by any other means; while there will be exhibited a plan for conducting internal improvements, under the auspices of this Government, by which many and serious difficulties will be obviat
ad, which I think well worthy of the most deliberate consideration of every citizen of the States of this Union. We are told that this Government will progress in the business of internal improvement, and some gentlemen seem very confident in this opinion. If its progress in that way should be very extensive, it must be matter of great importance that some plan should be adopted to attain the ends in the least exceptionable manner. The amendment which I expect to offer, will be a test of the political principles of gentlemen on this floor. It is of a character too distinctive to be mistaken by any politician, and the people at large will understand the vital difference between it and the bill, in their respective tendencies. I avow my objects frankly: first to put the bill right as far as possible; and, second, if its friends will not adopt a better plan, to put them thoroughly in the wrong. That I may give my views to the committee with greater facility and distinctness, and exhibit the proposed con. trast in a manner more pointed and practical, I beg leave to read the contemplated amendment: “Strike out the fourth section, and insert the following: “SEC. 4. And be it further enacted, That the several Boards of Commissioners, to the extent of their respective surveys, shall report to the President a detailed plan of the manner in which said road ought, in their opinion, to be constructed, without the application of stone or gravel, except where indispensably necessary for its convenient use; and, also, a particular estimate of the expenses of completing said road, according to said plan; and, also, a moderate and uniform rate of tolls, which they may deem proper to be collected on said road; and the several Boards of Commissioners shall have the aid of such of the Engineer Corps as the President may direct, in making their examinations, surveys, plans, estimates, and reports; in all of which the President may direct such alterations as he may deem proper, until they receive his approbation. “Sec. 5. And be it further enacted, That copies of the reports approved of by the President, shall be transmitted to the Governors of the States respectively, through which the surveys may have been made; and, for the pure of aiding those States in making the road, there shall e paid, out of any money in the treasury not otherwise appropriated, such sums as shall be equal to fifteen hundred dollars a mile of said road, to be paid in the following manner, and on the following conditions, viz. Whenever any of those States shall have passed a law providing for the construction of so much of the road as may be within the limits of that State, according to the survey and plan approved of by the President, as far as the funds appropriated by Congress will enable it to be done; and, also, providing for the repairs, preservation and improvement of said road, after it shall have been made, so far as practicable, from tolls at the rates approved of by the President, as aforesaid, which tolls may be collected on any part of said road from the time at which it may be in suitable condition for convenient use, and which shall not be altered without the assent of Congress; and, also, providing that the mail, and property, and troops, in actual service, belonging to the United States, may, at all times, pass along said road free from any toll whatever; but, hav. ing due regard, in all of said provisions, for corporate rights derived from charters, as they exist at present, or as they may be modified in said law; and, also, designating the person or persons to whom such money may be paid : then, on the application of such person or persons, the President shall cause to be paid to him or them one-third of the fifteen hundred dollars a mile of so much of said road as may be within the limits of that State; and, on similar applications, equal sums, respectively, at the end of one and two years thereafter: Provided, That the person or persons applying for the second and third payments, shall, before receiving the same, submit to the President a satisfactory report of the manner of disbursing the funds
H. or R.] Buffalo and New Orleans Road. [APRIL 13, 1830.
received, and of the progress and condition of the work; and the President is required to withhold any of the pay. ments in case such State should apply any of the funds to any other purpose than the making of said road, or should fail to prosecute the work with reasonable expedition." The committee will perceive that the three first see. tions of the bill, concerning the survey and location of the road, would not be affected by the amendment, which re. lates to the manner of execution and preservation, rather than to the plan or kind of the road; but some subsequent parts of the bill would require alterations, which would occasion no difficulty, however, as they would be but natu. ral consequences from adopting the amendment. I am very desirous that the amendment, and the whole plan, of which it is a part, should be well considered and understood, not only for the present occasion, but, also for all future subjects of similar kind. The committee will, therefore, indulge me in giving a condensed and con: nected view of the whole plan, that the various parts may be more properly estimated. An outline of the plan is simply this: 1. Let this Government survey and locate the road pre: cisely where it may desire to have one made. . 2. Let the commissioners, with the aid of suitable.* gineers, report to the President the survey and location; also, a detailed plan of the manner of making the road of the kind indicated in the law, with a particular estimateof the cost; and, likewise, a uniform and moderate rate of tolls—all of which to be subject to alterations and appro" al by the President. 3. Instead of the President's going on to have the road made by the direct authority and action of this Gove" ment, let copies of all the reports, approved of by him, be sent to the Governors of the different States through which the road is to pass, as the bases of a proposition from this Government. 4. Let that proposition be, that this Government will furnish the necessary funds, in reasonable and regula; ". stalments, to any of those States, whenever it shall ho assed a law, (with due regard to existing corporate rights) first, to make the road, as proposed, to the extent of funds furnished; second, to keep it in repair by the mode. rate and uniform rate of tolls proposed, and not to be". tered without the assent of Čongress; third, to exero the mail, and property, and troops, in actual service. belonging to the United States, from all toll whatever; but that the President should so far exercise control over * funds, as to withhold any of the subsequent instalments, if the former should not have been wholly and promptly applied to the work. d After much reflection on the subject, but with greato ference to others, I submit to the committee, and to nation, if the plan proposed is not the most eligible " has been devised for accomplishing internal improvo. under the auspices of this General Government. It" lenges scrutiny, and appeals to every motive of o: and patriotism. It will attain the ends more o y t with greater certainty—with less danger. I do." . that these positions will be maintained by further in” gation and reflection. ith Having given the substance of the plan, connected . it the amendment, it becomes my duty now to cont" with the bill, more particularly and practically, A superficial observation of the amendment h cos." some to object, that it amounts to nothing more to kind ferring power on the States to make works of thi. out of the common funds. As the distinction is . aut, I beg leave to correct this mistake. I hold tho’ igo Government can do directly whatever it can *: others to do; that the constitution is the only source" to st powers; that we can neither give nor take any, oxo
rovided in that instrument; that the powers of theres : ive Governments, either delegated or retained, an’?”
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