H. of R.] The Creek Treaty of 1804. FEB. 10, 1825. would find that there is one clause in it, which appears to give larger limits in the grant than those which he has described. manding its ratification and the payment of the arrears, shows that there was either error or fraud, and of course, that Mr. Jefferson, when he says he entirely approved the treaty, was mistaken; that, in fact, he did not approve it, and that his objections must have been so strong as to prevent his even submitting it to the Senate. But, when we ask for the evidence of this mistake, in a wit. ness so well qualified in every way to give the most correct testimony, we are told that the price of the land was more than was ever before given for any Indian title. Sir, I think we had better not press this subject, lest we should find how very inadequate even the highest prices we have ever given, would be to the value of what we bought. But there were reasons in this case that might have made the purchase a cheap one, even at a much higher price. We must either have sent a stronger military force to dispossess the settlers, or purchase from the Indians at their own price. At any rate, the pre-ence on the subject with the agent of the Cherokees; sumption arising from this circumstance, is much too weak to counteract the positive proof. Mr. COCKE, of Tennessee, (chairman of the Committee on Indian Affairs,) said that his situation enabled him to answer the inquiry of the gentleman from Ohio. He had had frequent conversations with the Cherokee chiefs who attended at this city last winter; and it was then that they first applied to have the treaty ratified. Mr. FORSYTH said, that he had taken pains to ascertain the fact concerning which the gentleman from Ohio, (Mr. CAMPBELL,) had just inquired, and it did not ap pear that the Indians had ever made any complaint about the non-payment of their annuity, or had ever ap. plied to have the treaty ratified. It appears, indeed, that the treaty was sent on here; but another part of the document will show that there was a correspond. that the Indians were satisfied, and gave a larger cession of land, to prevent the complaints of the people of Georgia. [Here Mr F. quoted the documents to show that, in 1804, 63,000 acres were ceded, that in 1812, no complaint had been made, but an extension of the boun dary line was granted, which he insisted was a proof that the Indians considered the $5000 as a full payment for the land.] But why did not the Indians insist on the ratification? Sir, we might ask this question of the contracting party, if the contracting party were a civilized nation, regular ly organized, and having its minister resident at our seat | of Government. But with what force can it be urged against a horde of ignorant savages, trusting to our honor for the regularity and validity of the contracts we made? It had been said by the gentleman from Delaware, What did they know of your Senators and your ratifica- that the non-payment, and the non-ratification, were the tions? They only looked to the stipulations made by fault of the United States. This position, said Mr. F., I your commissioners-they knew that they were to yield positively deny. The Indians never asked the ratifica up their land to the white settlers, who had taken it-tion; they never complained of the non-payment of the and they did so; they received part of the consideration annuity. Their agent was here again and again; he which we were to give, and performed the whole of must have been acquainted with the intentions of the what they stipulated to do-they gave all. Sir, if this President. He never applied; but the moment he dies, transaction had been made even with a civilized nation, the nation applies for the ratification of the treaty. Mr. the want of a ratification could never be objected to F. concluded by summing up the points of the argument, them, after they had suffered us to remain in possession and briefly recapitulating his reasons against the approfor twenty years. What force, then, can it have, when priation. urged against men utterly ignorant of the forms of diplomacy, or even the meaning of the term? Suppose it a case between individuals, in which, on a contract for the sale of lands, part of the purchase was paid, and possession delivered, and kept for twenty years; what tribunal on earth would refuse to enforce | the contract, if made by an attorney, because the principal had not ratified it in form? But a ratification in deed is full as binding-the payment of the money-the retaining of the possession-the settlement of peace with the nation-were all implied ratifications; and the act of the President and Senate, latterly, is an express one. Besides, if not binding on us, it cannot be on them; and would we be willing now to surrender the land, 80,000 acres, on receiving our $5,000. Mr. L. believed then, this case was so far from justifying the extraordinary exercise of constitutional power to refuse the appropriation--that it was on the contrary one in which humanity, justice, and honor, concurred, in demanding the execution of the treaty. The question was now about to be put, when Mr. CAMPBELL, of Ohio, (chairman of the committee on Private Land Claims,) rose, to inquire at what time the Cherokees had applied for the ratification of the treaty, and whether they had asked, at an early day, for the annuity stipulated. The case, as presented, was certainly a very singular one. He was inclined to believe that there had been among the Indians, two parties-the old men who were in favor of the treaty, and the young men, who were opposed to it. It was very possible that the Indians themselves did not expect it would be ratified; but, if the treaty came on to this city, and was here accidentally mislaid until last year, he supposed Congress ought to carry it into effect. The gentleman from Georgia lays great stress on the price, which he says was six times larger than that paid to other Indians, but, if he would examine the treaty, he Mr. M'LANE briefly replied to Mr. CAMPBELL, whose inquiry, he said, would be proper, if the question was now on granting interest; their demanding or not demanding the annuity might affect such a question, but certainly had nothing to do with the principal debt. He asked if their not applying would be a good argu ment, supposing the treaty had been ratified in 1805. He dwelt with earnestness upon their helpless and humiliated condition, and strongly insisted on the obligation of the Government, both from their justice and magnanimity, to fulfil the treaty. While he was up, he would make one request, to which he desired the atten tion of the House. It must be perceived by all, that the gentleman from Georgia has been laboring to show that Mr. Jefferson did not do, what Mr. Jefferson himself says that he did; and that Mr. Jefferson did not think as Mr. Jefferson himself expressly says that he did. Mr. Jefferson says that the treaty "had his full approbation;" the gentleman from Georgia says that it had not. And how does he show this? He tells us, that if Mr. Jefferson was so much interested, how could it happen that the treaty slumbered for so many years? Sir, there is a very good reason why the United States should have slumbered over this treaty. Their object was accomplished. The intruders were driven off the land. The Indians had given it up. It was quietly in their hands. But, sir, if the intruders had remained, or the Indians had refused to surrender the lands, you would have then found the United States proceeding with a quick step. But both the Indians, the intruders, and we, slept. Whose fault was it? Sir, it was ours. The gentleman objects to the price; but, sir, the United States were not purchasing land, they were purchasing the peace and tranquillity of the Southern country. We all know what is the character of these squatters or settlers, or by whatever other names they are called; that they cannot be dispossessed but by force; an armed force was FEB. 10, 1825.] The Creek Treaty of 1804.-Letter from the President Elect. sent to dispossess them, and, if they had proceeded to extremities, blood must have flowed, and a far greater sum have been expended than would have been equal to this difference of price. This was the true consideration of the treaty, and not the land. [H. of R. dians by way of gratuity, Georgia can have no objec tions; she disdains any obligation under this treaty. In 1817, that state claimed land lying within the limits of this settlement. In 1824, the limits of the state were narrowed, and that land was ceded to Indians which had been before added to the state of Georgia. It had been insisted on in the treaty of Ghent, as a reason against granting certain portions of our Territory which were had no authority to cede any portion of the territory of a state. But, in the case to which he referred, the Government certainly did this. Georgia, however, never acknowledged it. Before he sat down, he wished to ask the chairman of the Committee of Ways and Means, Whether any inquiry had been made for the correspon dence with the Indian agent. Mr. CAMPBELL, of Ohio, observed, that, if the gentleman from Delaware was as well acquainted with the Indian character as many gentlemen in this House, he would have known that Indians are never slow in claim-claimed by Great Britain, that the General Government ing what they consider as their due. If they did not apply, it was certainly a great presumption that they did not suppose themselves to have any right. The gentleman who writes one of the letters in these documents, is well acquainted with the Cherokees. There are many good scholars among them; some who cannot only read and write, but who understand composition as well as any white men. Would these have been so sluggish if they knew they had a right to the annuity i It was incredible. He admitted that there was a treaty, and that it was partly carried into effect, but he thought it plain, from the circumstances, that it must have afterwards been annulled by some arrangement with the War Department. At all events, the Indians must have been under this impression, or they would have insisted on its fulfilmént. Mr. CULPEPER, of North Carolina, said, that the argument from the non-application by the Indians, would be equally good against a note of hand, which was suffered to lie for a long time without being applied for. This certainly did not touch the validity of the note. He thought the argument lay within a small compass. The first question was, Has the treaty been made? The second, Have we received the land? The third, Have we paid the money? To the first question, we must reply, Yes, the treaty has been made. To the second, we must also reply, Yes, we have received the land. And to the third, there could be but one answer. We have not paid the money. If we suppose we have, then it is for us to prove we have. He did not profess to be acquainted with law, but this seemed to be the dictate of common sense. Mr. INGHAM, of Pennsylvania, said that, it might be worthy of consideration, whether some explanation could not be given why the Cherokees had not demanded the annuity. He thought the House was in possession of circumstantial proof enough to show that they had not abandoned their claim. The chairman of the Committee of Indian Affairs had had joint conversations of the Cherokee agents, who were here last winter. They say that the treaty was lost among them as well as among us; that they applied here for a copy of it, but it could not be found. They then appointed a day and a place in their own nation, in which all the persons of their tribe, who had public papers in their hands, were required to bring them forward for examination. One old man brought a bundle of papers, among which the treaty was at length discovered. Then, and not till then, the Cherokee nation had official evidence of their claim against the United States. Their failure in demanding this claim before, ought not, therefore, to preclude their right. Mr. M'LANE, in reply, quoted the documents to show that they contained all the information which the Government possessed on this subject. The question was put on striking out the appropriation, and decided in the negative.-Ayes 25-Noes 90. The bill was then read a third time, and passed. LETTER FROM THE PRESIDENT ELECT. Mr. WEBSTER, from the committee appointed for the purpose, yesterday, reported that the committee had waited on JOHN QUINCY ADAMS, of Massachusetts, and had notified to him, that, in the recent election of a President of the United States, no person having received a majority of the votes of all the electors appointed, and the choice having consequently devolved upon the House of Representatives, that House, proceeding in the manner prescribed in the Constitution, did yesterday choose him to be President of the United States, for four years, commencing on the fourth day of March next. And that the committee had received a written answer; which he presented to the House. The committee also, in further performance of its duty, had given information of this election to the President. Gentlemen: In receiving this testimonial from the Representatives of the People, and States of this Union, I am deeply sensible to the circumstances under which it has been given. All my Predecessors in the high station to which the favor of the House now calls me, have been honored with majorities of the electoral voices in their primary colleges. It has been my fortune to be placed by the divisions of sentiment prevailing among our countrymen on this occasion, in co apetition, friendly and honorable, with three of my fellew citizens, alt justly enjoying, in eminent degrees, the public favor; and of whose worth, talents, and services, no one entertains a higher and more respectful sense than myself. The names of two of them were, in the fulfilment of the provisions of the constitution, presented to the selection of the House, in concurrence with my own; names, closely associated with the glory of the nation, and one of them, further recommended by a larger minority of the primary electoral suffrages than mine. In this state of things, could my refusal to accept the trust thus delegated to me, give an immediate opportunity to the people to form and to express with a nearer approach to unanimity, the object of their preference, Mr. WILDE, of Georgia, observed, that he had not I should not hesitate to decline the acceptance of this sufficient information to enable him to vote for the pre-eminent charge, and to submit the decision of this mosent appropriation. He could not vote for it unless he mentous question again to their determination. But the had higher evidence than had yet been produced, that Constitution itself, has not so disposed of the contingency the treaty did receive the sanction of the former Presi- which would arise in the event of my refusal; I shall, dent. He thought there must be entire evidence in ex- therefore, repair to the post assigned me by the call of istence he presumed there must be a correspondence my country, signified through her Constitutional organs; on this subject on the file of the War Department; and oppressed with the magnitude of the task before me, if that was destroyed, that it must exist in some part of but cheered with the hope of that generous support the papers relating to Indian Affairs. On the constitu- from my fellow-citizens, which, in the vicissitudes of a life tional question, he would observe, that the state of Geor- devoted to the service, has never filed to sustain megia had no direct interest in resisting this appropriation. confident in the trust, that the wisdom of the Legislative If Congress choose to give this sum to the Cherokee In-Councils will guide and direct me in the path of my offi VOL. I.35 H. of R. & S.] Road from Pensacola to St. Augustine-Topographical Surveys. [FEB. 11, 1825. cial duty, and relying, above all, upon the superintending Providence of that Being "in whose hand our breath is, and whose are all our ways." Gentlemen: I pray you to make acceptable to the House, the assurance of my profound gratitude for their confidence, and to accept yourselves my thanks for the friendly terms in which you have communicated to me their decision. JOHN QUINCY ADAMS. Washington, 10th February, 1825. ROAD FROM PENSACOLA TO ST. AUGUSTINE. On motion of Mr. CALL, of Florida, the House went into committee of the whole, Mr. TOMLINSON in the chair, on the bill to provide additional appropriations to complete the public road from Pensacola to St. Augustine, in Florida; and also on the bill to authorize the surveying and laying out of a road from St. Mary's river to Tampa Bay, in the Territory of Florida. Mr. C. moved to fill the blank for the sum appropriated by the first of these bills, with $8000; which was carried. He then moved to fill the blank in the second bill, with $12,000. On this motion, Mr. M'COY inquired of the delegate from Florida, with respect to the necessity for the road, its proposed length, and whether the present sum would be sufficient to complete it. IN SENATE-FRIDAY, FEBRUARY 11, 1825. Mr. TAZEWELL submitted the following resolution: "Resolved, That the President of the United States be requested to cause to be transmitted to J. C. CALHOUN, of South Carolina, Vice President elect of the United States, notification of his election to that office and that the President of the Senate do make and sign a certificate in the words following, to wit: Be it known, That the Senate and House of Representatives of the United States of America, being convened at the City of Washington, on the second Wednesday of February, in the year of our Lord one thousand eight hundred and twenty-five, the underwritten President of the Senate pro tempore, did, in the presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the Electors for a President and Vice President of the United States: Whereupon, it appeared that JOHN C. CALHOUN, of South Carolina, had a majority of the votes of the Electors, as Vice President; by all which it appears that JOHN C. CALHOUN, of South Carolina, has been duly elected Vice President of the United States, agreeably to the Constitution. In witness whereof, I have hereunto set my hand, this day of February, 1825. And that the President of the Senate do cause the certificate aforesaid, to be laid before the President of the United States, with this resolution." On motion of Mr. KING, of Alabama, the resolution was forthwith considered, and was agreed to. TOPOGRAPHICAL SURVEYS. The Senate, on motion of Mr. SMITH, took up the bill making appropriations for the Military Service for the year 1825. The Committee of Finance of the Senate, to which this bill had been referred, reported it with a proposition to amend it by striking out the following clause: "For making surveys, and carrying on the operations of the Board of Engineers, in relation to Internal Improvements, and in addition to an unexpended balance on hand, twenty-eight thousand five hundred and sixtyseven dollars. Mr. CALL, in reply, requested the reading of a letter at the Clerk's table. He then rose in his place, and stated, that, at last session, a road had been authorized to be made from Cape Sable, the Southern extremity of Florida, to the Bay of Tampa, which is on its Western coast, and also the marking out a road from St. Augustine to Pensacola. It was now proposed to complete the latter road, which had been marked out, and also to extend the road now running from Cape Sable to Tampa Bay, northwardly, from Tampa Bay to St. Mary's river, where it would meet a road now existing in Georgia. Its length would be about two hundred miles, the whole of which distance it would pass through the public lands, and would thereby greatly enhance their value. He adverted to the difficulty of suppressing piracy in the Gulf of Mexico, Tampa Bay (which was the best harbor in the South of Florida,) being a notorious rendezvous for pirates, as well as for fugitive slaves from Georgia, the Government had found it necessary to establish a Mr. SMITH, (chairman of the Committee on Finance,) military post there. The post, which is to be a perma- said he was so unfortunate as not to coincide in opinion nent one, was now completely isolated. Neither road with the Committee on Finance, as regarded this amendnor trace led to it and it had no means of communicat-ment. It would be recollected that, at the last session ing with the Government itself, except by a long and of Congress, an act was passed, making an appropriation dangerous sea voyage, which would cost more in a sin- of $30,000, to enable the President to cause surveys to gle year than the whole sum now asked for this road. be made in different parts of the Union, with a view to Another consideration was that of passing along the internal improvements. Twenty thousand dollars of this coast; it ran near to numerous inlets, now the haunts of appropriation had been expended, leaving a balance of pirates and slaves. The presence of this road would be $10,000 unexpended, and the present appropriation an effectual, and the only effectual means, of breaking contemplated an addition of $28,567, to that balance.up their resort to these places. In a state of war, the Congress, he said, had adopted the principle of making Bay of Tampa would be a very important post. As such, these surveys, and it would be very extraordinary if they the Government had selected it; and it was manifest, should now, after having proceeded so far, and expendthat, unless a road was formed, by which troops could ed so much, make an attempt to retrace their steps. It march for its relief, it must fall an easy prey as soon as was on this ground that he had in the committee opposit should be invested by a maritime enemy. The coun-ed the proposed amendment, and lie trusted the approtry through which it is to pass, is one of the most fertile regions of the South. Nothing was wanted but a highway, to ensure its rapid settlement. He hoped, therefore, that, whether the road was considered as providing for the defence of a distant and vulnerable frontier, or as calculated to increase the value of the public lands, the sum necessary for its construction would readily be granted by the House. He added, in conclusion, that the plan had been examined by the Committee on Roads and Canals, and received its unanimous approba-ter astonishment at such a proceeding, and could scarce tion. The blank was then filled accordingly. The Committee then rose, and reported both bills, and they were ordered to be engrossed for a third reading to-morrow. priation would not be stricken out. Mr. JOHNSON, of Kentucky, said, that, if he properly understood the proposition, it was to put a stop to a measure which had been commenced under the authority of an act of the last session of Congress, and one which was of the utmost importance, as tending to facilitate the intercourse between the different parts of the Union, in relation to military and commercial affairs, and in the transportation of the mail. He expressed his ut ly believe the evidence of his ears. It was, he said, the commencement of a great system of internal improve. ment, and he presumed that, after it had been solemnly decided on that that system should be commenced, they could not, with any foundation of reason, retrace their FEB. 11, 1825.] Topographical Surveys. [Senate. Mr. COBB said, his object in rising was not to embarrass this bill, but simply to state, that, after examining the Constitution-after examining the Journal of the Convention by whom that instrument was framed-and examining the subject in every point of view, with the greatest care and attention-he had come to the conclusion, that the general government had no power to adopt this system of internal improvement; if they did possess this power, they possessed the power of doing every thing they pleased, that was not absolutely prohibited by the Constitution. And, as this was an important question, he should call for the yeas and nays on it. steps, and hide from the public eye, all that information end would be put to it, if they made general appropriawhich would be obtained by the scientific corps of the tions for these general purposes, and gave power to the country. If the money formerly appropriated had been Executive part of the Government to do what they pleas wasted, then there might be something reasonable ined with or without the consent of the states. They had the proceeding-but, as no suspicion of that kind had $10,000 to go on with, and he thought that amply suffi ever been uttered, he felt convinced that this appropria- cient; let them expend that, and on making a report to tion, so necessary for obtaining that information which Congress they would then be better able to see how far was so important as regarded the wealth and power of the Commissioners had gone, and what remained to be the Union, would not be withheld. done, but having the imperfect view that he had of this Mr. MACON, of North Carolina, begged leave to offer subject, he should not consent to give a single dollar. a few remarks. In the beginning of this government, The gentleman from Louisiana, (Mr. JOHNSTON,) had nobody believed Congress had any thing to do with in- some days before presented a plan for the internal imternal improvements. Now, every body, almost, was provement of the country; and if they recognized the for it. The history of the Cumberland Road proved power of Congress to do any thing on this subject, they this. When that road was commenced, the States were ought not to do any thing till they acted on his proposi to give their consent, and nothing could be done with- tion. Mr. H. thought there was something fair in that out it. Now, when the road is proposed to be carried proposition: the plan proposed was that the public lands through the States beyond the river Ohio, and through should be converted into a fund, to be divided into two Ohio, no consent is deemed necessary; and it seemed equal parts, one half to be applied to the purposes of now, that Congress could survey States, and make roads, education, and the other half to the plan of internal imand there was nothing but what they could do. These provements as it was emphatically called, to be apportionroads were to be, too, for the transportation of the mail, ed according to the representation of the states in Conand for the purposes of war and commerce, but then gress. This, Mr. H. said, would be something like equalthey managed to effect all these objects without the ex-ity; but, as they were going on now, there was not a ercise of this power. If this government, said Mr. M. shadow of it-the money that was gathered in the East is to begin this road system, it ought not to be accom- would be expended in the West, and the Southern states plished indirectly, by small appropriations, but should would get nothing; therefore, he would say, stop this be done at once. By granting an appropriation for sur- business as soon as possible. veys, they did not pledge themselves to do any thing more, after these surveys should be accomplished; but, notwithstanding, they were going on step by step, just like the building of this Capitol. He no more knew what was to be accomplished in this great plan, than he did when he saw the first foundation of this Capitol. He was opposed to the whole system, and let Congress vote as much as they pleased in its favor, he should always vote against it as often as it came up. He did not pretend to lay down his opinion as a rule for others, but he should continue to follow it till he found it was wrong. Mr. M. said he regarded this system of internal improvement as one of the most dangerous that had ever been Mr. TALBOT, of Kentucky, said, that, last session, established in the United States. The States should this subject was fully discussed. The subject of internot, he thought, come to the General Government for nal improvement had been sanctioned by both Houses their internal improvement. Every State had been of Congress, and an appropriation had been made for going on with internal improvements, and he was of the purpose of procuring surveys: the present approopinion that the General Government should leave them priation was for a similar purpose, and he thought that to go on in their own way, without intermeddling at all. they should not stop short in full career. Congress Mr. HOLMES, of Maine, said, that, last session, an would not exhibit the strange inconsistency of adopting appropriation of 30,000 dollars was made for a certain an important proposition one session, and throwing it specific object. If he was opposed to that, it was not aside the next; it would not, he said, be compatible very strange that he should be opposed to the present with the dignity of that assembly thus to stop short. The one, which was a continuation of the same purpose, and roads and canals were not pointed out last session, bemore vague in the application of the money. When the cause it was found impracticable so to do; but it was bill was reported last year for a specific object, it was left to the discretion of the President of the United bad enough, but it could be defended on better grounds States to select those which would tend most to the imthan this could be. Here the money was to be placed provement of the nation at large, and, in consequence at the disposal of the commissioners, without any direc- of this appropriation, the Executive had caused certain tions whatever. He thought it would not be pretended surveys to be made. Amongst other great national obthat the constitution gave unlimited powers on this sub- jects, one was the connection of the waters of the Potoject. When the subject was before the Senate last year, mac with the Ohio; the survey of this had been comthere was not a majority that agreed to the constitution-menced, but was not finished; and was this, asked Mr. ality of this power of internal improvement, and extent T. to be left incomplete? It was to complete this, and of it; but here the appropriation was without limit at all; similar important objects, that the appropriation was there was no bill to introduce or regulate it, but it was asked for. The Committee on Roads and Canals bad asthrust into the appropriation bill, and the commissioners certained the necessity of it, and they asked now to have were to dispose of it as they please. Mr. H. then refer- the appropriation of last session extended. red to the act of last session, and observed that there Had there been any charge made that the former ap was still the sum of $10,000 remaining unexpended of propriation had been wasted, or improvidently applied, that appropriation, and why they were to add $28,000 he would have been satisfied that the present objections more to it he could not possibly imagine; besides, he were perfectly just; but no allegation of that kind had had seen enough of this system which they were com- been made. If they really wished to attain the object mencing of making roads and canals, to satisfy him that proposed by passing the act of last session, how could it would occasion much uneasiness and strife. The they now arrest its progress by refusing the small approGovernment, he said, was becoming stock jobbers in priation of $28,000? The whole of the objects that had roads and canals, and it was impossible to say when an ! been pointed out, were, Mr. T. said, of great national Senate.] Topographical Surveys. [FEB. 11, 1825. ery, &c. On hand, remaining of the last year's appro- importance. He did not inquire in what part they were | Contingencies, Wagons, Pack-horses, Station- The amount required to be appropriated for 495 00 $38,744 00 10,177 00 $28,567 00 Mr. HAYNE, said, that the gentlemen who objected to the appropriation, had not put the question on its true ground. They had argued as if a general system of inAs regarded the constitutionality of the subject, that ternal improvement was now to be commenced, and had had been most fully discussed at the last session-but, even entered into the consideration of the constitutional on the present occasion, gentlemen had asserted that powers of Congress in relation to that subject. But he Congress did not possess the power. Mr. T. said he would submit, that neither of these questions were now thought the majority of both Houses stood committed on before the Senate. The single inquiry was, whether this subject-they had expressed their opinion in the Congress should make the necessary appropriation for most solemn and deliberate form, and they had made an carrying into effect an act passed at the last session?appropriation for the purpose by law; public expectation Or whether, by withholding the requisite means, they was alive on this interesting subject; they owed it to the would deprive the Executive of the power of executing nation to make this small appropriation, and even those the law, and thereby render it nugatory? Whether the gentlemen who now hesitated, and those who originally Senate would undertake in effect to repeal an act passed hesitated, ought to join with them, and vote in its favor. by both branches of the Legislature, without regard to Mr. SMITH read the first section of the act of last the forms of the constitution? The act of the last session, year, directing these surveys to be made, under the in- said Mr. H. authorized the President to cause surveys to structions of the President of the United States. The be made of such roads and canals as he might deem of subject, he said, had been amply discussed, but he did national importance, and necessary for the transportanot think the great constitutional question was deter- tion of the mail, and for military and commercial purposmined-indeed, he did not think it was implicated.es, and $30,000 was appropriated towards that object.— Mr. S. then read the following letter in relation to the subject: ENGINEER DEpartment, Washington, 17th January, 1825. SI: I have the honor to present to you an estimate of the expense which will attend the operations of the Board of Internal Improvement during the current year, predicated on the supposition that the Board will be employed in reconnoitering and examining the different routes for the great national road from the seat of Go. vernment to New Orleans, and that all the Topographical Engineers that can be spared from the survey of the coast, together with Mr. Shriver's brigade, will be engaged in continuing the survey of the route for a canal communication between the tide-waters of the Chesapeake and Lake Erie, with a view to its completion, with the exception of one brigade of Topographical Engineers which will be employed in surveying the route between Buzzard's Bay and Barnstable Bay. The sum required for these operations is $38,744, from which deducting the sum of $10,177, the balance remaining on hand from the last year's appropriation, applicable to these objects, there will be left the sum of $28,567 to be provided, as will more fully appear by the accompanying statement. I have the honor to be, very respectfully, your most obedient servant, Mr. HAYNE was very much mistaken if it was not distinctly understood, at the time the act was passed, that the sum appropriated was merely sufficient to cover the expenses of the year. Certainly, it was never for a moment imagined, that the object of the act could be attained by the small appropriation inserted therein. It several years, and would cost a considerable sum. The was known to every one, that it would be the work of extent of country to be examined, the great importance of the object, and the necessity of employing engineers of the first talents, all go to prove that the inconsiderable sum appropriated was never expected to cover the whole expense of the work. From this view of the subject, it seemed to him to be obvious, that even those gentlemen who were originally opposed to the bill, ought to support the appropriation; for, unless they did so, the surveys not being completed, all that has been already done will be lost. The gentleman from Kentucky, said Mr. H. had taken an erroneous view of the character and objects of the act of the last session, which, while up, he would take the liberty to correct. That gentleman had said, that the act in question pledged the Senate to prosecute a system of internal improvement, and settled the constitutional question. Mr. H. could not assent to the proposition. The Senate would, no doubt, recollect, that several gentlemen voted for the bill with an express disclaimer of such inferences. A gentleman from Pennsylvania had stated, in his place, that he should vote for the bill, though he did not believe that Congress could act on the subject without the consent of the states. Another gentleman expressly declared, that he would reserve his decision on the question of internal improve Estimate of the Expense of Examinations and Surveys for ment until the surveys were laid before us; and some Roads and Canals for the year 1825. $18,585 00 Three Military Brigades, One Civil Brigade, Repair of Instruments, Pay of two Civil Engineers, Pay of Civil Engineer, attached to the Board of Engineers, 1,320 00 Extra allowance to two Members of the gentlemen advocated the bill merely for the sake of obtaining the surveys, which would be useful to every department of the National, as well as the State Governments. For his own part, Mr. H. said, he did not consider himself as in the smallest degree committed to vote for a single road or canal which might be recommended by the President under this survey bill. When the proposition should be submitted, it would be time enough to determine how we ought to act. He had never doubted there were cases in which Congress had power to cut a canal or make a road. Indeed, |