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H. OF R.]

Penitentiary Punishment.

[APRIL 27,

1830.

slaves of Government-that they are now required to la- to the crime of assault and battery, with intent to kill. bor, and would only be compelled to do the same in the penitentiary.

In answer to this argument, Mr. P. observed that the suffering of a penitentiary felon depended not only upon his moral and physical sensibility, but upon the comforts and enjoyments of life to which he had been accustomed, and of which imprisonment had deprived him. Upon these principles, he submitted the question to the House with confidence, whether the slaves here would not suffer more than the class of criminals coming from the free blacks and whites. In truth, [said Mr. P.] if the principles he contended for, that there should be but one rule of punishment for all those classes, were objectionable, it must be upon the ground that slaves would suffer most; and hence that the law would operate unequally.

It is claimed by gentlemen, that while they are opposed to slavery in the abstract, and justly consider it an evil entailed upon them by their ancestors, from which it is difficult, if not impossible, to escape, yet that their slaves are surrounded by numerous enjoyments-that they are honest, industrious, contented, loyal, attached to their masters, and to each other. This is not only undisputed, but the facts already stated seem to confirm it-so far as relates to this District. What punishment then could be more severe upon such slaves, than to incarcerate them in a penitentiary, where they would be cut off from all do mestic enjoyments and social intercourse, confined at night to a dark and solitary cell, compelled to labor through the day in silence; and this labor and solitude continued, with unbroken monotony, for months or years, without even being permitted to receive the slightest intelligence from their homes, their families, or their masters? Would not this slavery to the Government be less endurable, than that condition of domestic slavery, which, by the principles of humanity and the force of public opinion, had become so greatly ameliorated, and of which we have heard such interesting accounts?

Here the amendment is first proposed to exclude slaves from its operation, and this very section illustrates the above principle. When any person, whether bond or free, evinces such a violent temper, or malignant heart, as to lead them to the commission of desperate and dangerous offences, public security forbids their running at large; they should be withdrawn from society, either by confine ment or death. Such cases are referred to in this section, and also such as attempts to poison, and like cases, which show a malicious and reprobate mind. In many of the least aggravated of these cases, the public feeling would revolt at inflicting the punishment of death; and, therefore, if the amendment prevails, slaves committing those crimes would go unpunished and unrestrained, ready for the perpetration of other offences, as revenge, malice, or passion might prompt them. And does not public security and individual safety forbid this?

As regards the wishes of the people of the District, to which reference had been made, he could not undertake to speak with certainty. The bill, as originally reported, has long since been published in the newspapers, as well as the previous discussion on this very question, and no ob jections to the original bill had come to his knowledge, from this, and also from the fact that frequent expressions in its favor had been made to him, [Mr. P.] he was led to believe that a majority of the people in this District were in favor of the principles of the bill. He regretted that any excitement should grow out of this discussion, and dreaded protracted debate at this stage of the session, which he hoped might be avoided, and the question taken. The bill was of great importance to the District, and there were various other bills also, which its interests called loudly upon Congress to pass, and which could not be done till this was disposed of. Mr. P. said, he would not further trespass upon the attention of the House, and occupy that time which he had expressed a hope would not be done by others.

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Mr. POLK thought that the matter should be viewed as one of expediency only, as one for the punishment and prevention of crime alone. In all the States in the Union, where slavery existed, instances could be found where the slave was punished by imprisonment; and that fact spoke more to the purpose than a long argument upon the subject. A slave dreads the punishment of stripes more than he does imprisonment; and that description of punish ment has, besides, a beneficial effect upon his fellowslaves. Mr. P. went on to take a review of the offences designated, and the punishments prescribed, by the bill, and contended that its provisions did not amount, and could not be considered as amounting, in these particulars, to such an efficient restraint as was necessary under the peculiar circumstances of such cases.

It was proposed [said Mr. P.] in a former debate to exempt slaves from the punishments proposed by this bill, and extend over them the existing penal laws of Maryland and Virginia, under a mistaken belief, at least so far as relates to Virginia, that those laws, since the jurisdiction of Congress was assumed over the District, had become greatly ameliorated. It was then intimated to him, [Mr. P.] by a gentleman from Virginia, that the laws of that State, in regard to slaves, which had been enacted for the last twenty or thirty years, were more severe than they had been previously, and which had been occasioned by some actual or threatened commotion among that class of people. This had led him [Mr. P.] to examine those laws; and he must say, that, if the laws of this District, regarding slaves, as had been justly remarked, were written in blood, the present laws of Virginia on that subject were of a still more sanguinary character. By this, he meant no disrespect to that patriotic State, with whose constitutional laws the General Government had no concern, whether they be wise or unwise; of that each State is the best and only judge. But when it is proposed to adopt those laws in this District, they become a fit subject of remark. It will be found by the present penal code of Virginia, that in most, if not all the offences for which free persons are punishable by confinement in the penitentiary, Mr. PEARCE said, he did not rise to protract the deslaves are made punishable with death. Mr. P. named bate, and regretted the necessity which existed, requiring several of those offences, such as horse stealing and other him to trouble the House with any remarks whatever. It larcenies; maliciously setting fire to any bridge, barn, will be recollected [said Mr. P.] that the committee who shop, stable, stack of wheat or corn, feloniously breaking reported this bill, (and a majority of them are from slaveopen any storehouse or warehouse, forgery, counterfeit holding States,) were opposed to this amendment. The ing, and embezzling property; but he would not detain chairman of the committee [Mr. POWERS] informs us it the House with going over the whole catalogue. But in did not receive his sanction, and does not come here unframing and executing any system of criminal jurispru- der his auspices. But the Committee of the Whole House dence, [said Mr. P.] the great and leading object should have adopted it, and we must now either adopt or reject be public security. The second section of this bill relates it. The amendment prefixes the word free to the word

Mr. BUCHANAN observed that the citizens of the District had had the bill before them for some time, and had not complained of its provisions. Formerly, cases had occurred in which crimes had been committed with a design on the part of the perpetrators to be sent to the penitentiary; but such was not the case now. Solitary confinement and hard labor were punishments sufficiently severe, to deter even slaves from the commission of offences which would subject them to such inflictions.

APRIL 27, 1830.]

Penitentiary Punishment.

[H. of R.

persons, so as to make the bill read all free persons, in- ing laws, if he is not fortunate enough to be able, on trial, stead of all persons, as the same was reported, who shall from among the by-standers, to prove that he is not a slave. be liable to penitentiary punishments. What will be the It is not for me to say that it would be unreasonable or aroperation of the amendment? Sir, the slaves of the Dis- bitrary in the courts, with this strong prima facia proof trict will be left to the same punishments, after this bill, of his slavery about him, to deny him time to prove the with the proposed amendment, becomes a law, they are contrary, when his request for time must be unsupported now liable to. Yes, sir, to the sanguinary codes of Vir- by any thing but his own declarations; and here let me reginia and Maryland, not as they now exist, but as they mark, that, as he is prima facia and presumptively a slave, did exist thirty years ago, when the ten miles square were his declarations cannot be received under oath. It apceded by those States to the General Government. We pears to me, [said Mr. P.] that the tendency of this amendlearn from the annual report of the trustees of the peni- ment will be such as to leave every colored person, whether tentiary in the District of Columbia, that there are in the bond or free, and wheresoever born, to the punishments county of Washington fourteen capital offences, and in of the existing laws, and to exclude them from the general the county of Alexandria they are still more numerous. operation of the law now under consideration. I solemnly I shall not stop to inquire whether any state of things declare, before God and man, I have no wish to interfere would have called for such a code. It is sufficient for my with the rights and obligations of master and slave; if call-' purpose, if we legislate at all, that our acts should be in ed upon to declare my sentiments upon the abstract quesreference to a general amelioration of the people here, tion of slavery, I should not be unwilling to make a declaand not a portion of them. Within the last thirty years, ration of my sentiments; but we are bound, in legislating the laws of both Virginia and Maryland have been alter- for the District, to look to the effect and consequences of ed, and rendered less severe than they were thirty years our acts; their bearing and operation upon all the people ago; and the consequences of this amendment will be, to of the United States. Dissatisfied as I am with the present leave the slaves of the District of Columbia liable to the laws, I had rather further legislation should be altogether punishments under the laws as they now exist; laws not withheld, and the people of the District left to their fate, now in force in any State in this Union. This I will not than participate in any kind of legislation that will warrant agree to; and my opposition is not only to the manifest an inference that any of the criminal laws of the District injustice to a portion of the people here, but to the free meets my approbation. A few words in reply to gentlepeople who may, and who have a right to, visit this Dis- men who have advocated the amendment, and I will cease trict, whether prompted by curiosity or considerations of from troubling the House with further remarks. They business, which here they have a right to carry ou. What seem to suppose, that, because this District was carved out is the situation of the free black? and what are his liabili- of States which, at the time of the cession, were, and now ties when he visits the city of Washington? The free are, slave-holding States, it must be always treated as a black of the State of New York, free there, not only be slave-holding territory; that we are never to look forward cause he treads the soil of freedom, was born free, and to that period when slavery here is to be extinct. Sir, has those characteristics by which man differs from the this District was not made a slaveholding territory by any rest of the animated race, his eyes turned towards heaven, act of the General Government; and the recognition by living in a land where the legal presumptions in favor of that Government of slavery in this District was not from freedom are as great and as generally acknowledged as any approbation of the system; it was the necessary result are those presumptions in favor of innocence; the moment of that state of things which existed at the time of the he reaches this city, he is nigra facie a slave. Yes, sir, cession. And because slavery did here exist at that time, the complexion which "an African sun might have burnt (the cession having been made for the benefit of all the upon him" is in this land of freedom evidence of his owing States,) have not all the States a common interest in the service to some one, and creates such a presumption against District? and, whenever it can be done without interfering him, as authorizes the magistrates and officers of the city with private rights here and elsewhere, will not the extincto seize and commit him to jail. If he has friends, he need tion of slavery here be an event equally desired by all! only lay in jail until he sends home, and by the aid of I am surprised to hear gentlemen coming from the slavethose friends procure such testimony as will be sufficient holding States, say that punishment, by confinement in the to satisfy the authorities here that he is a free man. If he penitentiary, will be to slaves no punishment at all! What is without friends, he must remain in jail forever, or be is the imputation which this declaration renders them liataken out and sold for his expenses, and sent wherever ble to? That slavery has such evils, and is attended with his purchaser may reside. This is not all. If he proves such privations, that confinement in the penitentiary so to the satisfaction of those in authority that he is a free far ameliorates its condition as to make it desirable. Softman, he is still liable to be sold for jail fees and expenses ened as those evils are in every part of the country, to incurred during the period of his confinement. These the eternal honor of gentlemen living in certain portions are the present operations of the laws of this District. of the country be it said, I am unwilling to believe there All that I have supposed might take place, a very few is a gentleman in this House from any one of the slaveyears ago did take place, in relation to a free man of West holding States, who is prepared to admit this to be the Chester county, New York, one of the independent elec- case-that to punish slaves, nothing short of corporal tors of that State, and a constituent of my friend over the punishments can be effectual; that the slave must be maimway, [Mr. CowLES.] That county at that time appeared ed, burned in the hand or face, his back must be lacerated to be not insensible to this outrage upon one of its citizens, and torn," and torn again before his wounds have cicatric and the attention of Congress was called to the case. The ed," to be made sensible that he is punished for his crimes. Committee on the District of Columbia were instructed Sir, on this subject I must be permitted to differ from to inquire into it; but I am now under the impression that gentlemen who have addressed the House. In my opinion the investigation was postponed, under an assurance that, some of the slaves of the District have all the tender and when a criminal code was offered for the District, existing endearing relations that are common to our race. They evils would be remedied. Sir, another evil will follow have wives, children, fathers, mothers, kindred and this amendment. The advocates of it will agree that free friends, and a separation would be as heart-rending to blacks should be punished under the proposed law, the them as to us; even a penitentiary would have its horrors. same as whites; but will this be the case? The free black Another argument in favor of the amendment is this: send is a slave until the contrary is shown. As a slave, then, he the slaves to the penitentiary, and you punish the master, must be tried; as a slave he will be convicted; and as a not the slave, whose service he is deprived of during the slave he will be punished, consequently, under the exist-slave's confinement; the same argument might as well be

VOL. VI.-104.

H. OF R.]

Penitentiary Punishment.

feelings and principles in man. Sometimes they were directed to the dread of death, sometimes to the dread of shame, sometimes to the love of property, and at others to the love of freedom. In that gradual amelioration of the penal code which distinguishes the present era of the world, the penitentiary system had been substituted for capital punishments; but many of its warmest friends, men of the mildest temper, and most compassionate disposition, after some experience of the plan, had began to entertain strong doubts of its expediency, even as applied to whites. He might be permitted to state a fact which be had heard had occurred in Virginia, and which had a strong bearing on this subject. Some very degraded white person who had been confined in their penitentiary, the moment the The community is divided in regard to the expediency period of his imprisonment had expired, and he was libeof penitentiary punishments; and, in making the experi-rated by due course of law, immediately and openly comment, I am not disposed to make the distinction contend-mitted some one of those minor offences which were puned for between freemen and slaves. ishable by penitentiary discipline, and this with the avowMr. WICKLIFFE said that he had, by the amendment ed intention of getting back to his old quarters. Let genwhich he had heretofore offered, designed to confine the tlemen look for a moment at the situation of a slave; st operation and provisions of this bill to offences committed the small advantages he possessed for either intellectual or by free persons. The House had determined, by its vote to- moral culture, and then say whether he was to be put upday, that the slaves of this District, convicted of petty of- on a par, as to the regulations of society, with those whose fences, should be taken from their masters, and confined situation was so widely different. It was in vain to comin the penitentiary for two years and longer, and thereby plain of such a state of things. Humanity, morality, even deprive the masters of their right to property. He now religion, might lift up their voice, but they could not rerose to invite the attention of the House, and particularly move the evil. Slavery existed, and it was for a legislathe committee who reported this bill, to the fourteenth sector to look at things as they were. How then were slaves tion, which he read as follows: to be operated upon? It was proposed to punish them by "That every other felony, misdemeanor, or offence, confinement at hard labor. Now, as to labor, that was the not provided for by this act, may and shall be punished as daily and almost constant occupation of a slave. It was heretofore, except that, in all cases where whipping is his lot already, and to threaten him with labor was to hold part or the whole of the punishment, the court shall sub- up almost no threat at all. That motive was as nothing. stitute therefor imprisonment in the county jail for a pe- Would gentlemen then appeal to his moral sensibilities? It riod not exceeding six months." was melancholy, but it was true, that the very condition of servitude itself had a powerful and invariable influence in degrading the moral sensibility of all those who endure it. On that subject, he might quote the language of the poet: "Jove fixed this certain; that whatever day

[APRIL 27, 1830. used against all persons, apprentices, and others bound to only legitimate and proper purpose, according to the docservice as slaves; and, if valid, would exclude from pun-trine received by 'every civilized nation, was the preven ishments one half of our population. But, sir, to my mind, tion of crimes. Punishments address themselves to various the best reply to this objection is this: a greater evil to society would follow, than the one complained of to the master, if he should be paid for the services of his slaves while suffering in the penitentiary for their crimes. He would not have that interest which otherwise he would have, to superintend the morals of his slaves, watch over their conduct, and direct them to the paths of rectitude. What would be his indemnity in one case, would be the community's loss. In all cases of conflicting interests, the lesser must yield to the greater. Partial evils must be borne for general good. We are told that the punishment of slaves by this confinement will lead to an increase of crimes on their part. In further reply, I can only add, that the whole penitentiary system is an experiment.

He would offer no amendments; but would inquire of the committee if, by this section, it was intended to confine in the county jail for six months the slaves in this District, for any trivial misdemeanor which the policy of the laws of every slave-holding State or community had here"Makes man a slave, takes half his worth away." tofore punished summarily with stripes, which he underServitude, in all countries and ages, has been found to stood to be the laws of this District now in force. Sup- exert a powerful effect in blunting the moral sensibilities pose [said Mr. W.] the slave of the planter in Prince of men, so that they did not feel the same sense of degra George's county shall be sent, by his master, to markets within the District, and he shall commit a riot or some misdemeanor, which by the existing law, is punished with stripes, is it right that the slave should be taken from the master, and confined six months in the county jail at the expense of the owner or the public treasury?

dation under punishment, as others do, who never were in bondage. They did know it to be a fact, that in a large majority of cases the sense of degradation was not suffi cient to put down crime. Now, when the whole object of punishment was to prevent crimes, an appeal was to be made to one or two principles only; when no other feeling Mr. P. P. BARBOUR said that the present bill, and was to be consulted but the dread of labor and the dread the amendment which had been proposed, involved some of shame, would the House pursue a system of legislation considerations of a general character, which were more which they had every possible ground to believe was not important than seemed to be thought by many gentlemen adequate to its end? As to this colored population, it in that House. God forbid that he should for a moment might reasonably be supposed that those who had had most advocate any system for the treatment of slaves, not only to do with them understood best how they were to be manthat was severe or oppressive, but which was incompati- aged. Let gentlemen go to Virginia, or to Maryland, to ble with the utmost possible degree of lenity which the any slave State in the Union; was there one whose scheme condition of those unfortunate people would admit. But of criminal policy towards slaves was based on the idea of legislation, in its very nature, and according to the import their dread of degradation? He did not know of such a of the term, required that all laws should be adapted to State. Experience, that surest and safest guide, where it the subject on which they were to operate. Those laws could be reached, should ever be consulted and heedfully dealt with men in various situations, and under very dif- regarded; and all experience in this matter spoke but one ferent circumstances from each other; and both wisdom and the same language. Mr. B. said that there was not a and justice required that the law should be adapted to feeling in his heart, that did not revolt at the very idea of any those who were to be the subjects of it. With every dis- cruelty or oppression toward those unhappy people. But if position to practise the utmost lenity and forbearance, he gentlemen would rely on mere speculation, even speculation could not view it as proper that the slave and the free itself, if based on true philosophy, would teach any man that white man should be both subjected to precisely the a state of slavery had a natural, necessary, and inevitable tensame punishment. What was the object of punishing dency to degrade the subject of it, and to efface those finer at all? It was not the infliction of public vengeance. Its sensibilities to which a dread of shame addressed itself. Such

APRIL 28, 1830.]

Maysville Road Bill.

[H. of R.

a fear would never prove, with respect to slaves, a motive | he should not urge them, because he was satisfied that a of sufficient strength to restrain them when disposed to decided majority of the House believed it was competent crime. Every aspect of the subject conspired to prove the expediency of adopting the amendment. After that had been adopted, Mr. B. said he should be prepared to agree to the mildest code, in respect to slaves, which the good order and safety of society would admit.

WEDNESDAY, APRIL 28, 1830.

THE MAYSVILLE TURNPIKE.

The House proceeded to the consideration of the bill authorizing the subscription of one hundred and fifty thousand dollars to the stock in the Maysville, Washington, Paris, and Lexington Turnpike Road Company; when

A motion was made by Mr. MALLARY, that the further consideration of the said bill be postponed until Monday next, with the view of taking up the tariff subject; but the motion was disagreed to.

for Congress to make appropriations for internal improvements. He, however, understood this same majority to limit the exercise of this power to objects strictly national. Mr. F. was not certain that his mind was sufficiently dis criminating to distinguish between national and local objects --but certainly if there could be a public work projected which was not national, it was this very road. A national road from Lexington to the Ohio river! A road on which no troops are to travel-no munitions of war to be transported; and which, in a word, is to answer no national purpose whatever. The idea is absurd; and he begged the House not to be misled by the character sought to be given to this work, There was another circumstance to which Mr. F. wished to call the attention of the House. The stock of this company (in which we are now about to make the Government a partner) is divided into three thousand shares, and Congress is petitioned (and the bill so provides) to subscribe Mr. FOSTER rose, and said, that, if this were the only for fifteen hundred shares-just one-half of the stock. bill of the kind to be presented to the consideration of the Now, if we so far yield as to sanction this application, the House, he would rather suffer it to meet its fate at once, work will be commenced; and should there be any diffithan to delay the time of the House by any remarks of his. culty in disposing of the remainder of the stock, the comBut there are now on our calendar nine or ten bills of the pany will again look to Congress. You will then be same character, and he felt it his duty to warn gentlemen told, that, as you have already invested part of your funds, against the danger of establishing the precedent-it will you certainly will not see the enterprise fail, and subject only be the commencement of a system which promises to the nation to loss, when it can be so easily prevented by have no end. The applications of this kind, which had additional contributions: and thus in a short time compa been made during this session, showed the tendency of this nies will project works of internal improvement, obtain system of legislation. It has only been within a few years, from their State Legislatures acts of incorporation, and he believed, that Congress had ever authorized subscrip- Congress must supply the means of accomplishing the obtions for stock in canal and turnpike companies; but, hav-ject. But we have been gravely told that the proposed ing done so in a few instances, others have been encou-subscription will be a profitable investment of our funds. raged to apply. Sir, [said Mr. F.] some of the petitions Now, can any gentleman seriously believe [said Mr. F.] now on your table would never have been dreamed of, that the proceeds of this road will ever reimburse the treahad it not been for the aid you have given to the Chesa-sury the advance it is designed to make? To him the idea peake and Ohio canal, and a few others. But these applications having been thus countenanced by Congress, other companies think they have the same right to call on you for assistance. And have they not? Can you grant to one, and not to another? How will you discriminate? You cannot. The State Legislatures will incorporate companies for objects of internal improvements, whenever applied to; and if you take stock in a company of one State, you must do so in that of another; and thus there will be no end to the appropriations necessary to meet the calls that will be made up upon you.

was visionary and extravagant-and he could not consent thus to put to hazard the funds of the nation. Mr. F. was no enemy to Kentucky-quite the reverse; he wished success to any work which would promote the interests and prosperity of her citizens-he hoped that this road, which was considered of so much importance to them, would be completed; and that the association under whose direction it was progressing would more than realize the great profits which were anticipated. But he repeated his protest against engaging the Government in such speculations-he hoped that the House would reject this bill, and thereby The road now under consideration is to extend only six-proclaim to all our, citizens that they need not project ty miles; but we have been already told that this is only works of internal improvement, with the expectation that the middle link of the great chain that is to extend from Congress will furnish the means of executing them. It is Zanesville, in Ohio, to Florence, in Alabama. What then only by this prompt and decided course that we may hope is to be the direct and almost necessary consequence of to arrest a system, which, if long pursued, will bankrupt passing this bill? It requires no spirit of prophecy to pre- our treasury, and ultimately subject our people to the most dict. In a short time, a company will be formed, and in-grievous and oppressive taxation. corporated by Ohio, to extend the road from Maysville Mr. COLEMAN said that the importance of this subject to Zanesville. Other companies will be incorporated by Kentucky, Tennessee, and Alabama, to construct the portions of the road lying within those States from Lexington to Florence-and then come the applications of all those companies to take parts of their stock. And can you refuse?

was deeply felt in the State of Kentucky, and particularly that part of it which he had the honor to represent. This bill was introduced [said Mr. C.] upon the petition of a very large and respectable proportion of my constituents; and the road contemplated to be improved, passes through three of the four counties of my district. A numBut again, sir: Authorize this subscription, in a few days ber of our patriotic and enterprising citizens have enthe bill to aid the Baltimore and Ohio railroad will be tered into an association for the purpose of acquiring presented for our consideration. That is a great work and diffusing information on the subject of internal imand we shall doubtless be told it is one of national import-provement in the West; and they have, at their private ance, too. Next comes the Charleston railroad-and upon expense, procured the aid of one of the ablest and most the heels of that the Ogeechee and Atamaha canal, with experienced engineers in the Union, by whose exertions several others. All, he supposed, national works; and all they have been enabled to lay before Congress a full having equal claims (some of them perhaps stronger) with and satisfactory report, and map, exhibiting the benefits those of the road now under discussion. Do not gentle- to be derived from this improvement. The Legislature of men see [said Mr. F.] that they are embarking in a system the State have given an unqualified approbation of the of legislation to which there is no limit? Mr. F. had also undertaking, and have authorized a subscription of stock, constitutional objections to all bills of this character, but | which, considering the state of the finances there, is gene

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rous and liberal. These circumstances, evidencing the intense interest of the people and the State, will, I trust, justify me in the few remarks that I may present to the consideration of the House.

[APRIL 28, 1830.

one of the States, is, to a certain extent, a national benefit. For purposes which the General Government has deemed national, three great road routes have been projected, One from this city, the seat of the General Government, This is the first application which the State of Kentucky to pass through Maryland, Pennsylvania, Virginia, Ohio, has ever made to Congress for aid in the construction of and so on, until it strikes the Mississippi above the mouth her internal improvements; and I did hope it would be of the Missouri. Another from Buffalo, through this city, permitted to pass without discussion. This violent effort to to New Orleans; and a third to connect the two former, prevent the passage of this bill, by urging its unconstitu- branching at Zanesville on the one, and uniting with the tionality and impolicy in debate, was not necessary to show other somewhere in the State of Alabama. This last to the world what are the opinions of southern members mentioned route passes through Chilicothe, on the Scioto, on this subject. From the tenor of the argument, I am crosses the Ohio at Maysville, passes through Lexington, sure the gentleman from Georgia [Mr. Foster] did not ex- through Nashville, on the Cumberland, and through Flopect to change the vote of a single member. Why has it rence, on the Tennessee. These points are known to this been thought necessary to oppose so vehemently this mea- House to be places of great importance, and situated on sure, carrying great advantages to the West? Why de- streams admitting of fine navigation. Perhaps, sir, the mand so imperiously a demonstration of its nationality? Is most important part of this route is that between Maysit because of that peculiar kindness of feeling on the part ville and Lexington. If the main route be national, (and of the South towards the West, boasted of not long since I do not understand that any deny it,) this part, as a part, Or, is it to encourage a scrupulous investigation of all pro-and with an eye to its extension, must assume the aspect positions which may arise bere, requiring the public trea-of nationality; and every argument in favor of these great sure to accomplish an object which is confined to a State roads is equally applicable to each and every part of them, in point of locality? I trust that gentlemen may be pre- and especially those parts which are immediately conpared, when they may be called upon, to justify the expen- nected with our navigable streams. diture of millions for Georgia, when they refuse one hundred and fifty thousand dollars, in profitable stock, for the aid of Kentucky.

Recollect that if ever again this country shall be visited by the awful calamity of war, that war must unfurl its banners on the sea coasts, or on the shores of our north

This is no new project which we have under considera-ern lakes. If on the latter, as was the case in 1812, this tion. The Congress of the United States have long since road will again become an important military road. Your settled the principle of this measure. We have subscribed troops, I mean national troops, sir, your munitions of war, stock in the Dismal Swamp Canal Company; in the Dela- your provisions for your army and navy, must be transware Canal, the Chesapeake and Ohio Canal, and in the ported along it, at least as far as the Ohio river; and thence, Louisville Canal Companies. But gentlemen say, every by land, to the lakes, if circumstances are favorable; but if inch of the Maysville road is in the State of Kentucky. not, by ascending the Ohio a few miles, you may avail How can it be national? I answer, every inch of the Dela- yourselves of the grand canal through the State of Ohio. ware canal, sixteen miles in length, is in the State of New Or, if attack be aimed at New Orleans, and recent occur. Jersey; and every inch of the Louisville canal is in one coun-rences evince that that may be the case, a road from ty-nay, I believe in one city. How can they be national? the interior of Kentucky to the Ohio river is equally imYet Congress have subscribed for stock in both of them. portant, if the services and supplies of that State are imI have said that this is the first application for the interest portant to our general defence. of Kentucky. I did so, sir, because the funds applied to The right to erect fortifications, in time of peace, for the the Louisville canal are not so much for the benefit of that common defence, is assumed, and rightly so, by southern State, as for that of Pennsylvania, Virginia, Ohio, Indiana, gentlemen. Are fortifications more efficient means of selfand other States. In truth, sir, it operates against Ken-protection than good roads, over which, with the rapidity of tucky, because it operates against Louisville, our most im-thought, your infantry, your cavalry, your artillery, your portant commercial city. peasantry, in the form of militia, may be carried, from point Nor does this work, now under discussion, promise ex- to point, as emergency may require? How many fortresses, clusive advantages to Kentucky. If accomplished to the strong and costly, have been yielded up to the enemy, beextent contemplated by this bill, it will greatly conduce to cause of the impossibility of sending to their aid in time the interests of Ohio, and all the States situated westward-reinforcements of soldiers, with arins and ammunition, the ly of us. We claim some attention from this Government; we contribute largely to fill the public treasury; we, in other respects, perform our part as a member of the confederacy, and can see no reason why our interests should be overlooked. Not as a gratuity, but as a right, we ask it.

Not content with the establishment of the principle beretofore, gentlemen insist upon a re-argument of the question. I do not consider it a difficult task to evince the nationality of this measure; but I do regret the necessity of consuming the time of this House in the discussion of a question which has been repeatedly settled beretofore.

Am I wrong when I suppose the States of this Union to be members of the same great family; and that to promote the interest of any one in relation to an object which is national, should be desired by all the rest? I take it, that the Federal Government is one, yet composed of various parts; and that whatever tends to ameliorate the condition of one part without oppressing another, or others, ameliorates the general condition of the whole. From this position, which appears to me to be as evident as any argument can be, which may be adduced to prove it, I infer, that a permanent improvement erected in any

best of all fortifications A right view of this subject will show us that the very best means of defence is to make your great highways good; so that in the shortest period of time, and at trifling expense to the Government, the whole energies of the country may be concentrated to any one point which may be exposed to danger from attack. And, sir, the accepted time to do this, is, when we are at peace with all the world, and when our coffers are full. We shall always be more secure in the enjoyment of the blessings of peace, when we are in fact, and when the world knows us to be, prepared at all points for a state

of war.

The road under consideration is a part of the road from one important commercial situation on the Ohio to another still more so, if possible. The road from Maysville to Louisville, passing through Paris and Lexington, two important manufacturing towns; through Frankfort, the seat of Government, and Shelbyville, is doubtless the most im portant road in the State of Kentucky, and perhaps equal to any of the same extent in the western country. A very great portion of the goods, salt, iron, and other articles consumed in the State of Kentucky, is landed at Maysville, or Limestone, as it was called in the early settlement

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