Senate.]

Indian Tribes.

own safety. Now, this is too violent a supposition to be the foundation of any objection which would require se rious refutation. The contemplated removal and settle ment of those Indians, therefore, will not endanger either their peace or our safety, while it promises to them an entire exemption from all the causes of deterioration, under which they now languish. That the civilization and moral improvement of these people, must be the necessary consequence of their removal and settlement as this bill contemplates, I am not prepared to say. But I do say, Mr. President, unless they are removed from their present situation, and that very shortly, too, there will be but few to require this experiment at your hands-an experiment which, although it may fail, I believe to be more full of hope and promise, concerning the future prospects of this unfortunate race, than any which has been heretofore attempted.

[FEB. 22, 1825.

New Orleans was saved in the last war by the power of the adjoining states, so Florida, and the seacoast of Georgia and Alabam, can he successfully defended against future invasion only by the timely augmentation of their physical power. It becomes, then, an object of cardinal interest with the Federal Government, upon whom devolves the high duty of national defence, that every portion of these states should be filled up with an effective population; and blind, indeed, is that policy, which would continue to appropriate so many millions of acres of land, thus situated, to the unproductive uses of Indian occupancy, regardless alike of the wealth of the nation, and of her means of defence! But, sir, independent of the general policy which so strongly recommends this measure, its tendency to fulfil the just er pectations of Georgia, in reference to the cession of 1802, should ensure to it the most favorable reception. Thus much I have felt it my duty to say, in reference Twenty-three years have nearly elapsed, since the Union to the deep interest I believe the Indians have in the contracted, for a valuable consideration, to extinguish, proposed measures. But, I have said these measures for the use of Georgia, the Indian title to all the lands would also increase the wealth and power of the Union. within her limits. Knowing the influence and power of The removal of the Indians beyond the limits of the the Federal Government, Georgia could not have antistates, would leave us in possession of all the lands they cipated the delays which have occurred, nor foreseen the now occupy; and these, from their situation and extent, obstacles which they would have interposed to the ac must be very valuable. Almost all the Indian reserva-complishment of her expectations. And, although fully tions have been of the best lands; and surrounded, as sensible of the pernicious effects of this procrastination, they are at this time, by a white population, and improv-in the abridgment of her wealth and power, such bas ed by roads, and other facilities of intercourse with the been her attachment to the Union, and respect for its adjacent country, they would command comparatively Government, that she has hitherto repressed the fuil exa high price. But these lands form an aggregate of no pression of disappointment, in the hope that every new less than seventy-seven millions five hundred thousand appeal to the justice of the United States would result acres. Now deduct nine millions five hundred thousand in the performance of their stipulations. Formerly, her acres, as lands belonging to Georgia, when the Indian claims were postponed for the convenience of the Natitle shall have been extinguished; and one hundred and tional Treasury; and, latterly, by representations of the forty-four thousand in possession of the Cahawba Indians, difficulties of compliance. But now, sir, a plan is offerbut which, if surrendered, would belong to South Caro-ed for your acceptance, free from all these embarrasslina, and you will have sixty-seven million eight hundred ments. It is proposed to exchange lands beyond the and fifty-six thousand acres subject to the disposition of Mississippi for those trac's held by Indians within the the United States! Suppose this immense tract sold at states. Should this plan succeed, it will enable the only two dollars per acre, a fund would be created of United States not only to discharge their obligations to one hundred and thirty-five millions seven hundred and Georgia, "peaceably, and on reasonable terms," but to twelve thousand dollars! Which, after reimbursing the confer a lasting benefit on the Indians thus removed, by Treasury for all expenses incurred in carrying into effect giving them a permanent home, for their present precarithe provisions of this bill, would not only be adequate ous possessions. In his message on this subject, the Preto the extinction of the national debt, but leave an im-sident informs Congress, that a treaty with the Creek mense amount at the future disposal of the Government. Indians is now negotiating, and, "with a reasonable But, sir, the wealth and power of the Union will be prospect of success" Although no serious difficulties still more advanced by the greater compactness of the may now present themselves to the acquisition of these population, and the increased cultivation of the soil of lands, yet, every day's delay is calculated to augment the states, which would be ensured under the operation such as do exist. The attainment of property by a few of the system. If the wealth of a nation depends upon individuals of mixed blood, (some of whom own co on the quantity of its surplus productions, whatever has a plantations, worked by African slaves,) has given to a tendency to increase these productions, must operate f. small minority a controlling influence in the councils of vorably upon the resources of the community. By the the nation. These men become, annually, richer and plan proposed, an immense tract of land, now useless, more powerful, while the great body of the nation are would be brought into cultivation, some of which will impoverished and degraded. Without game to subsist produce the most valuable staples, either for use or ex-on, and unskilled in the arts of civilized life, they are in portation. Within the states of Georgia, Alabama, Mis-fact the men als of this aristocracy, who employ and supsissippi, and Tennessee, there are upwards of 33,000,000 port them; and who, fully sensible of all the advanof acres of valuable land, that would be redeemed and tages resulting to their avarice from the possession of brought into cultivation! Most of this soil would grow this power and influence, will not easily be persuaded cotton, and swell the valuable export of these states to to use either in support of a policy which, however it an astonishing amount. But, sir, what shall I say of the may be calculated to subserve the interests of the mass value of the population which this measure would ensure of the red population, may ultimately deprive them of to these states? This Senate must be well aware that the station and emoluments they now enjoy. Most of it is not less the policy of the Federal Government than the difficulties which have been experienced in treating it is the interest of these states to afford every facility to with these Indians, have been occasioned by the influthe rapid increase of their efficient population. Situat-ence and intrigues of men of this description, who, haved at the most exposed point of the Union, as two of ing no interests in common with the nation, could not be these states are, with an entensive sea coast, incapable, expected to sympathise with them. The mass of the from the nature of its soil, of sustaining but a very sparse red population have long been inclined to such a removpopulation, they must rely, for their defence, principal al and settlement as this bill proposes; and, should the ly, on the dense population of the interior. Florida, too, treaty with the Creeks succeed, the Indians will be rewith her immense maritime frontier, will look chiefly to moved, at their own request, beyond the Mississippi, and Georgia and Alabama for aid in time of war. And, as settled upon lands to be given them as a permanent pos

Massachusetts Claims.-Cumberland Road.

Senate.]

Cumberland Road.

[FEB. 23, 1825.

was, he believed nearly as 14 to 9 or 10. The two per cent. ought not to be charged to this account as exclusively affecting the Western country, but so far as it applied to the object last mentioned, was to be apportioned in like ratio.

it should be remembered, too, that the people beyond the mountains contribute to the revenue.

He hoped, therefore, that granting this appropriation would not be considered as conferring an extraordinary benefit on the Western states, at the cost of the Eastern; yet the Western states would be grateful for this care of their interests.

the liberality of Congress should cause to be advanced for this object. If this were a matter in which the state of Ohio alone was concerned, this appropriation would not, probably, have now been asked; but it would be evident that, much as the present inhabitants of those states were interested in it, the United States were, as proprietors, evidently more so, as respected the increas. ed value it would give to their property. The United States possessed, in the three states Northwest of Ohio and the state of Missouri, from fifty to seventy millions of acres of land, which would be much increased in value by the extension of this road-and if the United States should receive no higher price for those lands Mr. COBB said, that, although he would not pretend than they now receive, a desirable object would be ob- that he should be able to throw any new lights on the tained, in the more rapid sales; the facilities of purchas- great principles involved in the bill under consideration, ers would be increased, which would be a great in- yet he could not consent to its passage without some deducement to persons to settle in that country, and this gree of investigation, and therefore he solicited the atshould be well considered, if it was of much importance tention of the Senate for a few minutes. At the present that the public land should be speedily sold, as well as period, it could not be expected, that there are many that it should realize the price Congress had contem- persons who could contribute additional lights upon a plated. The sum now asked was only 150,000 dol- question which had engaged the attention, and elicited lars-a small sum, he thought, compared with those the investigation of the ablest statesmen in the nation. expended in other places, but it was a sum that would Yet he looked to its final decision with very great anxieproduce a very sensible benefit to that part of the county. He thought the Senate would concur in believing try, and to which he hoped no objection would be made. with him, that those principles had not been entirely It might, he said, be objected by some gentlemen, settled when they looked to the history of this system of that the cost of the road, heretofore, as far as it had ex-internal improvements. There had been no instance tended, had been very great. Mr B. agreed to this. It had, indeed, been more expensive than it should have been, but it was constructed in different times from the present; it was constructed when the mode of conducting such operations was new. Hereafter it would be constructed on better principles of economy, and the state of the country was better fitted for it than it was at that time. The distance from Wheeling to Zanesville was, he said, the roughest part of the country over which the road was to pass till it should reach the Mississippi. Independent of the importance of this road, in increas ing the value of landed property, it would be important in a political point of view. It would likewise facilitate the progress of the mail; and many other important considerations had so far recommended this subject, that it had been sanctioned by Congress, and by two Presidents of the United States, the most scrupulous, on the constitutionality of internal improvements by authority of Congress. In regard to the contract which bad been made with the Western states for constructing that road from the Eastern states towards the Western ones, he would merely observe, that the United States had received a concession of much greater value-for five per cent. on the nett proceeds of the sales of public lands for constructing roads, three per cent. to be laid out by the state, and two per cent. to be laid out under the direction of Congress, in constructing roads leading to those states. He hoped the generosity of the Senate would take into view this bargain, as a bargain not favorable to those states; but of which, having agreed to it, they would not complain. It was, indeed, a hard bargain on their part. In the state of Ohio, assuming the medium rate at which taxes had been levied and they had been as low as possible, for the people had begun poor, without public funds or territory-they had at least given up a million of dollars. It was easy to conceive how hard it bore on the settlers there, and how much public improvement was retarded by the effect of this compact.

This was not all bestowed for the benefit of the inhabitants of those states; the three per cent. laid out in the state were laid out in improvements to increase the value of the United States' property, as well as that of the inhabitants-for in 1806 or 7, the proportion of land held by the United States, including Indian lands,

Fatrick Henry.

within his recollection, when the claim for the power of adopting it had been advanced, in which it was not denied by some one of the departments of the govenment. At the very first session of the Congress of which he bad first the honor of being a member (which was at the commencement of the present administration) the question was brought before the House of Representatives. At that time a solemn vote was taken in that body, declaring that Congress had no power to construct roads and canals. This vote was predicated on the report of a committee appointed on so much of the President's Message as related to the subject, and, in which message, the power was expressly denied to Congress. How far the opinions of the Executive, since that period, had undergone a change, in relation to the question, was as well known to the Senate as to himself; he should not stop to point out the change, if any, inasmuch as he adverted to the message, merely to shew that the question had not been settled. He repeated, that he felt great anxiety as to the result of the vote now about to be taken in the Senate, inasmuch as he believed it involved the great question, Whether this government was to drop all its federative characteristics, and was about to become, as predicted by the great Virginia Prophet,* splendid national consolidated government, reared upon the ruins of the sovereignty of the people and the states?

In using such expressions, Mr. C. said, he was aware that he was harping upon an old string, whose simple notes were extremely disagreeable to the ears of certain modern politicians. The subject had become unfashionable. But, from the earliest period at which he had seriously thought upon political subjects, he had been taught to reverence the principles he was attempting to advocate, and the Senate would therefore pardon the terms he had used, if there was any thing offensive in them. He had learned, from the State in which he was born, (and of which you, sir, are a Representative )† that there is safety in sometimes recurring to fundamental principles.

Much might be said, he thought, as to the expediency of the measure under consideration. It might, with great propriety, be inquired, why Congress was called on to extend the Cumberland Road at this time, even admitting they had the power? Why the Western States were now better entitled to have such a beneficial

Mr. Barbour, of Virginia, was in the chair when Mr. C. delivered his remarks.

FEB. 23, 1825.]

Cumberland Road.

[Senate.

boon extended to them, than the other States of the named, at the period of the adoption of the resolution, Union? What was said when the Cumberland Road was and for a long time thereafter. It is as follows: first undertaken? The sole object was to form a con- "Resolved, That the several states, comprising the nection, by a permanent and durable road across the United States of America, are not united on the princi Mountains, between the Atlantic Coast and the naviga-ple of unlimited submission to their General Government; ble waters of the West. This was effected by construct- but that, by compact, under the style and title of a "Coning the road from Cumberland to Wheeling. At that stitution for the United States," and of amendments time, did any person dream that so soon, if at all Con- thereto, they constitute a General Government for spegress was to be called on to extend it from Wheeling to cial purposes, delegating to that Government certain dethe Mississippi? For that, he understood, was the ob- finite powers, reserving, each state to itself, the residuary ject avowed by the advocates of the bill. If the West- mass of right to their own self-government-and that, ern States, generally, could have no claim to such a ben- whensoever the General Government assumes undeleeficial work, much less had the State of Ohio, consider-gated powers, its acts are unauthoritative, void, and of ed singly. The fund out of which it is said the expense no force. That, to this compact, each state acceded as of making the road is to be paid, so far as any portion a state, and is an integral party, its co-states forming, as of it was derivable from that state, had been long since to itself, the other party. That the Government, created expended. The reservation of the per centage on the by this compact, was not made the exclusive or final sales of the public lands for roads, in the State of Ohio, judge of the extent of the powers delegated to itself, had been sunk in constructing the Cumberland Road, since that would have made its discretion, and not the to which it was, by law, applied. Nay, the expense of constitution, the measure of its powers. But that, as in all that road had greatly exceeded the reservation, by many other cases of compact among parties, having no common thousand dollars. He was sure the fact would not be judge, each party has an equal right to judge for itself, denied. as well of infractions, as of the measure of redress."t In this resolution will be found the anatomy of the Federal Government; the principles on which it was created; and, if so, it will not be a difficult matter to determine in what manner the parties to the constitution, those by whom the Federal Government was framed and adopted, intended this instrument of creation should be construed and expounded. If the doctrines contained in that resolution are true, then it is evident that the compact, thus denominated the Federal Constitution, was one entered into between sovereign states, wherein each relinquished a portion of its sovereignty. Common sense would teach us that such a compact should be so strictly expounded, as to take from the grantors no more of their sovereignty than is absolutely necessary to effect the great objects of the compact. At this very point, then, (said Mr. C.) I start in establishing that strict rule, by which I conceive the constitution should be expounded. If I should be so fortunate as to support this strict rule, by other circumstances, equally strong and forcible, it may, with propriety, be contended, that the power to construct roads and canals is no where to be found in the constitution. Should I, however, fail in showing this to be the true rule, and the liberal one, more recently established, should be adopted in its place, I shall not be able to deny that such power, or any other not expressly prohibited, is conferred.

As the question involved all the principles relating to the powers of the Federal Government on the subject of internal improvements, he would here lay down a proposition, which he thought almost self-evident. It had been contended, that the United States were bound to construct this road, by compact made with several of the Western States at the time of their admission into the Union. Admitting that such a compact could be produced, and that it contained an express stipulation to that effect, it would not, in his opinion, change the proposition. It is, that Congress have no powers, and can have none, but such as are derived from the constitution of the United States. It matters not with whom, whether a state or an individual, the Federal Government may have made such a compact, it could add nothing to the powers of that government, unless contained in the constitution itself This was sufficiently evident from the very first section of the first article of that instrument, which declares that the L gislative powers "therein granted" shall be vested, &c. Other parts of the instrument, especially some of the amendments, shew the truth of the proposition beyond doubt He would not now turn to the clauses, as they were, doubtless, familiar to the memory of every member present.

Almost every person who had expressed an opinion on the subject, so far as had come under his observation, admitted that this Government was one of limited pow. ers-limited not alone by the prohibitions of power to be found in the constitution, but by an absence or want of a grant of power therein. It would seem that this was true, as well from the parties by whom, as from the manner in which, the Federal Government was first constructed. It was, perhaps, unfortunate, that we do not more frequently recur to the circumstances under which the constitution was framed, when we are about to establish the principles from which is to be derived the true rule for the construction of an instrument of such vast importance.

By what parties, and for what object the instrument was formed, would better appear from a document which he was about to read, than from any thing he could say It was one of the celebrated resolutions of the Kentucky Legislature, containing, as was at one time said, the foundation of Republican principles. He used the word Republican as a party designation, inasmuch as he now had allusion to the principles professed by the party so

The rule for which I contend derives strong support from many other circumstances, as before stated. It is supported from the first section of the first article of the constitution, which I have already noticed. It is supported by the adoption of the amendments of the constitution, all inserted for "greater caution." It is supported by the manner in which amendments are di rected to be made. When adopted by Congress, they are to be ratified by that body, in each state, which represents its sovereignty; or the same representatives of sovereignty may request a call of a convention for proposing amendments. It is supported, also, by the declarations and commentaries of the early expositors of the instruments. I venture to throw the guantlet, and defy any one to point to any contemporaneous expositor, of approved reputation, who has decided in favor of those broad and liberal principles of construction contended for by the advocates of the bill.

Finally, I refer to the ratifications of the constitution by the several state conventions, as furnishing unanswer.

These resolutions are said to be, and no doubt are, the production of Mr. Jefferson, and contain his opinion on the subjects embraced in them.

+ Resolutions of a similar character were about the same period (1798) adopted by the Legislature of Virginia, in support of which "Madison's report" was founded, at the session thereafter. At a later period, the Legislatures of Pennsylvania and Ohio adopted resolutions containing like principles.

able evidence in favor of a strict construction. Inasmuch as these instruments have been so recently published, that the public mind may not be very familiar with them, (although the members of the two Houses of Congress may be,) I hope I shall be pardoned for turning to small parts of several of them.

In the ratification of the constitution of the Commonwealth of Massachusetts, I find the following declaration: "That it be explicitly declared, that all powers not expressly delegated by the aforesaid constitution, (of the United States,) are reserved to the several States, to be by them exercised."

What inference is to be drawn from this declaration, thus made by the Representatives of the people of Massachusetts, selected for the express purpose of considering on the propriety of adopting the constitution, but that, by ratifying the instrument, they intended to yield only such powers as were expressly granted? In other words, that none of their reserved powers should be taken from them by construction of doubtful terms and phrases?

The State of South Carolina, in like manner, declared, in her ratification, "that no section or paragraph of said constitution, warrants a conclusion that the States do not retain every power not expressly relinquished by them and vested in the General Government of the Union." The language of this declaration is more explicit than that of Massachusetts, and leaves no doubt as to the rule by which that State intended the constitution should be interpreted.

The ratification, by the State of New Hampshire, con-them, inasmuch as the letters of incorporation could tains a similar declaration," that all powers not expressly and particularly delegated by the aforesaid constitution, are reserved, &c."

* Other motions of similar import were elsewhere proposed, but none of them adopted.

In this part of his remarks, Mr. C. addressed himself to Mr. K. who, shaking his head, is understood to have said, "Such a thing was not thought of." Mr, K. voted against the bill.