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sumption, then, is fallacious, and, consequently, Con-rule," and commerce means "trade or traffic in equiva gress have no power, either express or implied, over the subject of roads and canals.

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lent values." He would proceed, and take into view the situation of the United States before the adoption Notwithstanding these proofs and arguments, there of the Constitution. Commerce was then carried on are many who yet pertinaciously insist that the power is among the states." The instruments employed were conferred; not expressly, to be sure, but cloaked under ships on the ocean, boats on the navigable streams, some express grant of powers as an incident thereto. wagons, &c. on the roads made by the states. But each When asked to what clause they refer it as an incident, state had her own, and consequently different regulathey are placed in some difficulty to point their fingers tions as regards this commerce. Hence, the regulations to one. At one time, there were those who said it was were attended with discrepancies, a want of uniformity, conferred in that grant which gives Congress power "to irregularities, and frequently great injustice, which provide for the common defence and general welfare could not well be amended or prevented. It was, of the United States," (2d clause, 8th sec. 1st art.) and therefore, proper to transfer the power of regulating, under this claim the advocates of this system of internal | that is, adjusting by uniform rules, the commerce among improvements, and some other measures depending the states to the Federal Government, as a common upon the same rules of construction, have gone so far as and impartial arbiter upon the subject, who alone to say, "That, whatever the public good required to be could avoid the pre-existing evils. Doubtless the coast"done, was necessary and proper, and that Congressing trade was principally in the view of the Convention was, in this respect, like the state legislatures."--and the states, when the Constitution was framed and Others again have said, "That Congress may adopt any ratified. Such a man would scarcely dream that the measures which they may deem necessary and proper words included the authority to construct roads and to accomplish the object in any manner, whether the canals, and to me it appears a monstrous stretch of 39 means be direct or remote." It will at once be seen, power to give them that meaning, especially as we that, were such principles generally adopted, the pow-have already seen that, in the Convention, such authoers of Congress would be unlimited even by the prohi-rity was viewed as constituting, of itself, a separate and bitory clauses of the constitution; it is proper to admit, that the friends of the system under consideration, unwilling, as yet, to come to such a conclusion, (which, however, is inevitable, sooner or later,) have relinquish ed this derivation of power. Some have said, that the power is incident to that of "declaring war," or of raising and supporting armies." This ground they have found to be equally untenable; because, with the same propriety they might have dispensed with the power to "levy, and collect taxes," as a distinct power; for the powers of declaring and prosecuting war, and of raising and supporting armies, would be inefficient without means, and money alone can afford those means; therefore, as incident of these powers, and as necessary and proper" for their execution, Congress could have levied and collected taxes with equal propriety as they could construct roads and canals; yet the Convention gave the taxing power in a separate and

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distinct form.

distinct power.

It will be in vain to enter into a further explanation of these two clauses. I have endeavored to put upon them what I think to be their obvious, common sense construction-such a construction as it is propable the people of the several states gave to them. The moment we go beyond such a construction; the moment we commence the work of attenuation, and making nice distinctions, we shall commence the destruction of the constitution, by constructing it in a manner to invest Congress with all the powers they may please to exercise.

That the constitution emanated from the "people," and not from the "states:" (This position is directly at war with every principle contained in the resolution of the Kentucky Legislature, which I have already read.)

That although the Government of the United States is one of "enumerated and limited powers," it is supreme within its sphere of action :

I am aware that a very different rule of construction than that for which I have been contending has been established by an important and highly imposing department of the Government. I allude to the rule established in the opinion of the Supreme Court of the United States, in the case of M'Culloch and the state of Maryland. That opinion goes the full length of deIn latter times, two other clauses have been selected,nying almost every point for which I have contended. as containing the power to construct roads and canals, to The points determined in that case may be stated as which I shall now advert, viz: the powers 66 to estab- follows: lish post roads," and to "regulate commerce." It will be well to examine these clauses in the simplest form that we can. If, upon showing to a plain man, of good common sense, (and for such the Constitution was formed,) the clause conferring on Congress the power "to establish post roads," he were asked its meaning, would it enter into his imagination, that it meant to construct roads? How would he reason? His answer would be formed from his opinion of the circumstances That having the power to do an act, and having imof the country; that the Post Office establishment could posed on it the duty of performing that act, it must have not be managed with benefit by the states, therefore, it the power of selecting the means; and has, moreover, was proper to confer it on the General Government; given to it power to pass all laws " necessary and pro that the mail was wanting only where there were peo-per" to carry into effect its defined powers: ple, and wherever these were, there would be roads of some sort, made by the local authorities; that the Constitution meant to give Congress the power of declaring upon which of such roads the mail should be carried, for the benefit of the greatest number, and that such declaration would be "establishing" such roads as "post roads," giving to them a legal existence as such. Under this plain, common sense construction, so obvious to every one, the Government has acted, from the adoption of the Constitution to the present time.

Let us examine the power "to regulate commerce," in the same manner. Were the same supposed indivi. dual asked the construction of this clause, he would commence by giving the plain and obvious meaning of the words. To "regulate" means to "adjust by

That the word "necessary" imports no more than that one thing is "convenient", "useful," "appropriate," "needful," or "conducive to" another:

That, in the selection of "means" to execute its powers, the National Legislature can exercise its discretion in the choice and take all such as are "appropriate, plainly adapted to the end, not prohibited," &c. and is not tied down to such, without which some of the powers conferred could not be executed; and finally, Congress is to judge of the degree of necessity."

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Under such principles, I know not what powers Congress cannot exercise-I know of no limit to its powers.

For myself, Mr. President, I declare I have no reve

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rence for the decision of this tribunal. Much has been "tution a supposed usefulness or propriety for the nesaid during the present session of the Senate concerning" cessity expressed and contemplated by the instru the claims of power set up by that court. In most of" ment; and which, in fact, destroys every limitation of these sentiments I heartily concur. In the work of ag "the power of Congress. It will follow, that, instead of gression, it has ever been foremost in the march. What" being bound by any positive rule laid down by their claim of power by the Federal Government has it not charters, the discretion of Congress, a discretion to be sustained? What claim of power by the states has it" governed by suspicion, alarm, popular clamor, prinot denied? Its members, deriving their authority and "vate ambition, and by the views of fluctuating fac emoluments from the Federal Government-amenable" tions, will justify any measure they may please to adopt; only to that for their acts; answerable there only for acts" that, instead of being bound by a Constitution, they of corruption; (for, however flagrantly erroneously their "may claim the omnipotence of the British Parliament; opinions may be, if unattended with corrupt motives," that all the reserved powers of the people, or of the they are beyond the reach of punishment,) and holding" states, will be swallowed up at their pleasure, by that their offices during life, fully understand the importance" undefined discretion. In a word, that the Constitu of their station. Supported by the other departments" tion itself, so far as repects a limitation of powers, is, of the Government, this court has commenced the work" by that doctrine, completely annihilated. Even the of consolidation. In its outstretched hand it brandishes" positive checks which, in a few instances, prohibit the a sword which commands to the execution of its decrees," exercise of certain powers, will not prove a sufficient the purse, and the physical force of the nation. Before" guard against an inordinate appetite to legislate on the terrors of that sword the friends, as well as foes of" some favorite subject." its authority are made to prostrate themselves; and the Such are the views of this distinguished and venera. period, I fear, is not distant, when they must all perish ble character. In perfect accordance with the princi by being crushed by the mighty engine of Government, ples of construction laid down by him, is the celebrated of whose destructive approach it is only the forerunner. report adopted by the Legislature of Virginia about the I may be told of the venerable age, the talents, the same period, on the same subject. I have it at hand, sagacity, and high integrity of the individuals of whom but presuming every member of the Senate familiar this court is composed. These high sounding charac- with it, I will not detain them by reading it. A slight teristics have but little weight with me. They are men; comparison of the portion of the spee h which I have and when they have the opportunity of exercising pow-read, and of the report I have referred to, with the opier, like other men, they will do it, be the consequences nion of the Supreme Court, of which I have attempted what they may. I am no believer in the infallibility of to give an analysis, will show their utter hostility to each judges. other upon all the principles of construction. Why should the decisions of that court be better entitled to our respect than the opinions of others equally eminent for talents, for patriotism, and stern integrity? Have they considered the subject more profoundly? Have the authors of the opinions to which I have referred, less character, less judgment, less impartiality? Sir, they had not the same interest in the establishment of the powers of this Government. They were the advocates of the rights and powers of the "people and the states."

Sir, if my opinions are to be regulated by those of others, there are other fathers in the political church whom I prefer consulting, I hold in my hand an extract from a speech, made by one of the most distinguished politicians who has ever had an influence in the councils of the Federal Government. It was made in Congress, at the session subsequent to the passage of the Sedition Law, and upon the expediency of repealing that law. I will read it:

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"The expressions used in the clause (of the Consti"tution) are, necessary and proper.' The idea con"veyed by the word 'proper,' is implied in that of the "word 'necessary;' for whatever is necessary is proper. "The addition of the word 'proper' was, therefore, useless, unless designed more precisely to ascertain the meaning of the word 'necessary,' the better to prevent a construction that, by necessity, nothing more "was meant than propriety,' and to establish, beyond "contradiction, that whatever might, by Congress, be "thought proper, was not, on that account, to be judg"ed necessary. Hence, the meaning of the word 'ne"cessary' is confined in that clause to its strictest sense, "to wit, to the power of passing laws, without which, some of the powers delegated to Congress, could not "be carried into effect.

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"In order to support the constitutionality of the law, "[the Sedition Law] the Select Committee must suppose, in the first place, that Congress may pass laws "without a certainty of their being necessary for carry. "ing into execution some of the specific powers granted to them; that is to say, that Congress have powers to 66 pass laws which may be unnecessary for that purpose. "In the next place, that, if a certain law is necessary for executing a constitutional measure, of a temporary nature, that law may constitutionally be executed, al"though the temporary measure, itself, should not be "executed at all; that is to say, that the incidental pow"er may be exercised for a purpose different than that "of executing the power on which it rests. [Such is the fact, as regards constructing roads.]

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"The application of that constructive doctrine to the "sedition and alien laws, justifies a conclusion, that, if adopted, it will substitute in that clause of the consti

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con

From the arguments which I have urged, and the authorities and documents read and referred to in support of them, my conclusion is easily drawn. If the delega tion of powers, (especially of incidental or implied powers,) is to be ascertained by a strict rule of construction; if the power proposed to be exercised, is not a defined power, clearly granted in the constitution;-if Congress cannot adopt urlimited means for the execution of limited powers;-nor such as merely have "a tendency to promote an end;"-nor such as are merely "requi site," "highly convenient," appropriate," or ducive to" that end; but only such means as "that, without them, some powers clearly granted, could not be executed;" such were the implied power, proposed to be exercised as " means," plainly flows from, and " sarily and properly" grows out of, the defined or express power, having an immediate, appropriate, and undoubted relation thereto; then there is no power in Congress to pass this bill: For, none will contend that it is "indispensable," "necessary," or very highly "needful," for the transportation of the mail, or adjusting by rule, the commerce the several states." among Both these powers are now executed without the aid of the bill, most beneficially and profitably for all. Even upon a fair interpretation of the rule established by the Supreme Court, it may be doubted whether Congress have power over the internal improvements of the country.

neces

It will, however, not be without its use to examine into the consequences likely to result from the establishment of the liberal principles of construction laid down by the Supreme Court, and the advocates of this system of internal improvement, I cannot be mistaken in sup

posing that it will cause many of them to pause and shudder at the extent of the powers which such principles will confer on the General Government.

Will it be denied, at the present day, that the "Sedi tion law" was unconstitutional?--not barely as being contrary to that article providing for "freedom of the press," but because Congress had no power, express or implied, to enact it? I should be contending against shadows, to attempt now to prove that it was. It has been decided to be so by a tribunal higher than the Supreme Court. It has been decided to be so by the people themselves, in opposition to the opinions of every department of the Government. Yet, what was the reasoning employed by the friends of that measure in favor of its constitutionality? It will be found embodied in a report of a committee of the House of Representatives, in 1799, and upon which the speech, a part of which I have read, was delivered. I will read an extract from it.

The objection is-" That Congress have no power by the Constitution to pass any act for punishing libels, no such power being expressly given, and all powers not given to Congress, being reserved to the states respectively, or to the people thereof.

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they should be-their very existence depends upon their being so.

In what manner did the advocates of this restriction claim the power to impose it? I will show by an extract from one of the most celebrated speeches delivered on that memorable question. "In what part of the Constitution is this power conferred? It is conferred in that part of the Constitution which authorizes Congress to admit new states into the Union;' and, to me, it is per. fectly plain, that we need look no further for it." "The power to admit new states is given to Congress in general terms, without restriction or qualification, a d upon every just principle of construction must be understood to confer whatever authority is necessary' for carrying the power into effect; and every authority which, in practice, had become incident to the principal power, or was deemed to make a part of it.

"Of late, it has been the fashion to insist upon a liberal construction of the constitution, and its most extensive efficacy has been found in the implied powers it is supposed to confer. All powers are implied, that are necessary' for the execution of the enumerated powers, and the necessity need not be absolute; a modified necessity, or high degree of expediency, is sufficient. “To this objection it is answered, that a law to punish Whence the power to incorporate a bank? Whence the false, scandalous, and malicious writings, against the Go-authority to apply the public treasure to the improvevernment, with an intent to stir up sedition, is a law ne- ment of the country by roads and canals? Whence the cessary for carrying into effect the power vested by the authority to encourage domestic industry, by bounties Constitution, in the Government of the United States, or prohibitions? Is it to be found in the letter of the and in the departments and officers thereof; and con- constitution? They all rest upon this single position: sequently, such a law as Congress may pass; because, That an original power having been granted, every other the direct tendency of such writings is to obstruct the power is implied, which is necessary,' or useful, for acts of the Government by exciting opposition to them, carrying that power into execution; and this is an into endanger its existence by rendering it odious and con-herent essential principle of the constitution, altogether temptible in the eyes of the people, and to produce se- independent of its words." ditious combinations against the laws, the power to punish which has never been questioned; because it would be manifestly absurd to suppose that a Government might punish sedition, and yet be void of power to prevent it, by punishing acts which plainly and necessarily lead to it; and because, under the general power to make all laws," proper and necessary," for carrying in to effect the powers vested by the Constitution, in the Government of the United States, Congress has passed many laws for which no express provision can be found in the Constitution, and the constitutionality of which has never been questioned," &c.

Precisely the same reasoning is employed by the Massachusetts report in answer to the Virginia resolutions, and which drew forth the able report of the Virginia Legislature, before alluded to. I have it at hand, but will not consume time by reading it. A very slight comparison will show that the principles of the report just read, and those contained in the opinion of the Supreme Court, so often alluded to, are the same, differing only in words and phrases. According, then, to these principles, another sedition law would be constitutional.

Such is the derivation of the power to impose the restriction on Missouri. It is in strict conformity with that of the Supreme Court, in the case of the Bank. The latter is made a precedent to the former. The tariff, and the bill under consideration, rest upon the same principles. Can a sound distinction be drawn between them? This question is more particularly addressed to the representatives of those states where slavery is tolerated, who may be friendly to this bill. The more the question is examined, the more plainly will it appear, that, if any one of these measures is constitutional, the others are equally so; and yet what man in the South will admit the constitutionality of the restriction on Missouri?

By a similar course of reasoning, it is proveable that Congress has power to " emit bills of credit." This, as a distinct and independent power, is expressly prohibited to the states. As a distinct and independent power, it is no where conferred on the United States. Nay, the presumption is, that it was intended to be refused, because it was at one period, during the deliberations of the convention, inserted after the power "to borrow I am about to advert to another subject, which I know money," and then stricken out. We know that Conis a hateful one. I allude to the attempt made to impose gress has exercised this power, because every Treasury a restriction upon the state of Missouri in relation to note issued during the late war, was a "bill of credit." slavery. But I make the allusion without any improper Under what grant of power was it done? Under no exfeeling, or any desire to open wounds long since healed. pressed one, I am sure, and of course it must have been But the question was, and is, and must always be, one of done as " means" (not absolutely necessary, nor indisgreat interest to the Southern states. There are daily pensable) to the exercise of a power, without which it occurrences in relation to the slavery of a portion of the could not be executed, but as being highly" convenipopulation of the South, calculated to excite alarm; and ent," " useful," "needful," "conducive to" the pow it is only within a few days past, that a measure intro- ers of "borrowing money," "declaring war," sup. duced on this subject, was, by consent of the mover, porting armies," "maintaining navies," &c. to none of laid on the table of the Senate, for the residue of the which did the measure bear a more appropriate relation. session. The people of the Southern states are watch-ship, than the sedition law did to the power "to supful concerning all measures of the General Government press insurrection." touching the subject of slavery; and it is proper that In all the cases I have named, Congress have acted;

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This extract is taken from the speech of Mr. Sergeant, of Pennsylvania. The speeches of Messrs. King, Taylor, and Plumer, and others, occupied nearly the same grounds.

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and, where the measure has been adopted, in my opi-"taken for public use without just compensation," as nion, they have acted without constitutional authority. declared in one of the amendments of the constitution. I now beg leave to suppose a case or two in regard to This is true; but, so far from prohibiting, the clause perthe powers of Congress. mits the exercise of the power, if Congress will pay for Has it authority "to make any thing but gold and sil- it. Congress will be the judge of what shall constitute ver a tender in payment of debts?" This, as a distinct "just compensation," and, when they are to determine, and independent power, is also prohibited to the states, after exercising the power, we may easily foretell what but, as such, is not conferred on Congress. A recur- it will be. It certainly would not exceed, for each slave, rence to those circumstances of the Revolutionary War the value of the double bounty, (three hundred and which, no doubt, caused the subject of tender to be men- twenty acres) of land promised to the soldiers enlisted tioned in the constitution, will support the opinion that just before the termination of the late war; but whether the power of making any thing else than "gold and sil- Congress made" just compensation" or not, the evil ver a tender in payment of debts," was intended to be most to be dreaded in the Southern states, (and that is denied, by the convention, to both the states and the the instruction of the slave in the art of war, and placing Federal Government; to the states by positive prohibi-him in a situation to avail himself of his knowledge,) tion, and to the Federal Government, by withholding would not be avoided. the grant. Such was the opinion of some of the early expositors of the constitution. Yet, under the liberal principles of construction necessary to support a Bank, internal improvements, a restriction on the states, a sedition law, &c. Congress could exercise such a power. We have only to suppose a state of war, and a consequent disappearance of gold and silver; that "bills of credit," under the name of Treasury Notes, are issued. To make them a tender, is "not prohibited." These Treasury Notes depreciate, and something must be done to maintain their credit, or else their usefulness is destroyed. One of the most obvious "means" (and one which was resorted to during the Revolution) is, to make them a "tender"-Congress being the sole judge of what are 60 necessary and proper" means, determines that it will be "highly conducive," "needful," "useful," and "appropriate to the end" of preserving their credit, in order to make them available in "maintaining" armies and navies, that they should be received as a "tender in payment of debts." Can the conclusion that Congress has power to make them so, be avoided? On a different rule of construction, no such conclusion could be drawn.

A similar course of reasoning would also confer on Congress a power to pass laws "impairing the obligations of contracts." This, too, as an independent power, is expressly prohibited to the states, and is not expressly given to Congress. If possessed by the latter, it must be exercised as an incidental power. There are many of the enumerated powers, to which, under circumstances of war, similar to those just stated, and under similar principles of construction, it could be made auxiliary, or highly “appropriate” as means.

I will now suppose a case that comes home to myself and my constituents: suppose war declared, and the country invaded.

It may be said, that the several cases which I have supposed, are all of them extreme cases, from which it will not do to reason. Sir, they are not now more extreme than were the cases of many of the laws which I have mentioned, just anterior to their passage. At the adoption of the constitution, the Bank law itself was an extreme case, inasmuch as it appears, from the Journal of the convention, that a power to "grant letters of incorporation" was refused. The sedition law, and the restriction on Missouri, might, with equal propriety, have been called extreme cases. The measure of making roads, now under consideration, would have been called an extreme case. The bitterest opponents of the constitution never thought this reserved power of the states would be infringed. Even, Mr. Henry, whose imagination was filled with apprehensions concerning the exercise of constructive powers, seems to have had no fears that the power of making roads," would be assumed by the Federal Government. (See his speeches in the Virginia convention.)

Sir, I will observe, in conclusion, that we should pause before making the final determination to adopt this measure. Is it not at least doubtful, whether Congress possesses the power? and, if doubtful, let us look well to the consequences before we act.

At

When I see the spirit which is manifested in many parts of the Union, on some of the topics to which I have adverted, my fears are excited. If Congress wish to exercise the power of constructing roads and canals, and the people are willing that they should, (as has been contended) is it not better to apply for a delegation of power, than, in a doubtful case, to establish a principle which may draw after it such important consequences? The constitution has provided the means by which the authority can be obtained, in the shape of an amendIt is necessery to repel the enemy atment, and the people will not be unwilling to confer it, many points-money is scarce--and the difficulty of en- if there is no danger in it. listing an army, great. In the Southern states are many Mr. RUGGLES, of Ohio, followed Mr. COBB. He hardy, able bodied men who are slaves. We know from said the object of the bill before the Senate, was to apobservation, and the experience of other nations, that propriate one hundred and fifty thousand dollars for the such may be made useful and efficient soldiers in an ar- continuation of the Cumberland Road from Wheeling my could Congress make a law, saying, that every able in Virginia, to Zanesville, on the Muskingum river. bodied slave who would enlist into the service of the some future time, said Mr. R. when the resources of the United States should, at the end of five years, in addi- country will justify it, there can be no doubt, but Contion to his pay, be entitled to his freedom? Have they gress will make appropriations to continue the same not just as much authority, under this liberal rule of in- road to the Mississippi river, at some point near to, or terpretation, to enact such a law, as necessary and opposite St. Louis. There is no subject of Internal Improper" to "raising armies," as they had to pass the provement, that presents as strong claims upon the conlaws which I have enumerated, or supposed? The pow-sideration of Congress as this. It is one to which the er" to raise armies" is granted "without restriction or attention of the government has been long and ardently qualification.' Congress may, in its "discretion," (ac-directed. This great work was commenced in 1806, at cording to the doctrine of the Supreme Court,) select Cumberland, in Maryland, and has received the patron"means" which are "appropriate," "needful," age and support of three successive administrations, and "useful," or "conducive to an end,” if not forbidden; is now admitted, by all sound politicians, who look to the and as "means" conducive to," and "highly appro- future prosperity and perpetuity of this Union, as an obpriate" to "raising armies," in their discretion they may ject of the first consequence. In discussing this subject, authorize the enlistment of slaves. The right to do this Mr. R. said, we ought to discard all local and personal is not expressly prohibited to Congress. It may be said considerations, and treat of it solely in a national point that "private property" (and such are slaves) cannot be of view. If mere local and personal considerations are

any

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to govern the deliberations of Congress, the great and the new states. The contract with the state of Ohio S permanent interes's of the nation would be disregarded, fulfilled; the road has been made to the boundary of the most valuable improvements remain untouched, and that state; the two per cent. that has arisen, and will the great principles of legislation settle down into selfish-hereafter arise, has all been expended. Ohio, therefore, ness, and a contest for sectional benefits. Higher and has no further claim upon Congress for any portion of nobler views ought to govern this Senate. the two per cent. which may be produced by the future sales of lands in that state.

Mr. R. said, he would not go into the discussion of the constitutional question, whether Congress had a right to appropriate money for internal improvements, to make roads and canals. That question he had considered as long settled by both Houses of Congress after the most able and solemn arguments. The gentleman from Georgia, (Mr. COBB,) has, with great ability, given us his sentiments on that point, attempting to show that Congress has not the power to appropriate money to make roads and canals, but he had entirely failed to convince him of the correctness of his positions. This system had been in operation for twenty years; the country had acquiesced in it; the soundest heads and ablest talents of the nation had decided in its favor; the venerable patriot Jefferson had given to it the sanction of his great name and influence; he may be justly styled the father and patron of the Cumberland road. The agitation of the constitutional question at every session would result in no good, but might be productive of great evil to the nation; there is a point on all questions, beyond which we ought not to go, where discussion and opposition must end. Mr. R. said, he hoped we had ar. rived to that point, and that the only question now would be, How can we best improve the condition of the country, by a wise application of its resources?

It is but justice to admit, said Mr. R. that a greater sum of money has been expended in making the Cumberland Road to the Ohio River, than the two per cent. would amount to in the state of Ohio. This excess must be considered as a direct appropriation from the treasury, for the accomplishment of a great national object, in which the whole Western country had a direct and beneficial interest. All the states bordering upon the Mississippi, as well as the Ohio River, derive important advantages from the execution of this work. It is also equally important to the Atlantic States, being the usual channel of intercourse, both commercial and personal, between the East and the West. It serves as a common bond of union to connect various and distant portions of the country together.

There is strong and irresistible evidence that it never was the intention of Congress that this road should find its limit on the left bank of the Ohio River, but that it should be continued and made to the banks of the Mississippi. Congress has followed the same principle on the admission of the new states beyond Ohio, that was adopted in relation to that state. When Indiana, Illinois, and Missouri, were received into the Union, as members of this great confederacy, it was expressly stipulated, Whatever might be the opinion of gentlemen on the that two per cent. of the nett proceeds of the sales of constitutional question, on the right and power of Con- public lands within their limits, should be appropriated gress to appropriate the funds of the nation to make under the authority of Congress, for making a road leadroads and canals in the United States, generally, there ing to those states. Under this engagement, they have could be but one opinion in relation to the present mea- a right to expect, that Congress will go on, appropriate sure. This question stands on distinct and different the money, and execute the work. Preparatory mea grounds altogether. It arises out of a solemn and delib-sures have already been adopted on this subject. The erate contract between the General Government, and present bill, therefore, is only in pursuance of a general the states northwest of the Ohio River, by which the plan, already commenced, and which has in part been former are bound to execute this work. Congress has carried into effect. By the act of May, 1820, commisreceived, and is still continuing to receive, a valuable sioners were appointed to survey and lay out a road from consideration: an equivalent for the money now propos- the right bank of the Ohio River, opposite Wheeling, to ed to be expended. If it fails to fulfil its engagements, the left bank of the Mississippi, near to, or opposite, it may justly be accused of violating its contract with the the town of St. Louis, in Missouri. Those cominissionNorthwestern States. What are the facts in relation to ers, in the execution of the duties assigned them, comthis subject? When those states were admitted into the menced their labors on the Ohio River; and, in the first Union, the Congress of the United States, by their sev- instance, ran a straight line to the Mississippi. The eral acts, authorizing the people to form for themselves ground was found to be more broken and uneven than a constitution and state government, agreed, that if the they had anticipated, but presenting no insuperable obstates would not tx the public lands for five years after stacles to the location of a good road. The commissionthey had been sold, that five per cent, arising out of the ers state, that the straight line run by them, passes a nett proceeds of the sale of those lands, should be ap- little south of the seats of government in Ohio, Indiana, propriated for the purpose of making roads; three per and Illinois; but, that the distance will not be increased cent. of which was to be laid out within the states by more than three miles in the whole route, if the road their respective legislatures, and two per cent. by the should be thrown north so as to embrace those points. authority of Congress, in making a road leading to those This difference in distance is so inconsiderable, and the states. Let us examine more particularly, said Mr. R. objects to be obtained, by passing through Columbus. into the real state of the question, and inquire what has Indianapolis, and Vandalia, are of such vast importance, been the practice of the General Government for twenty that there can be no hesitation as to the policy of the years past. road taking that course.

Ohio was the first state that was admitted into the Union upon this principle. This took place in 1803.— When the two per cent. which had been reserved for making a road leading to that state, had accumulated so as to justify an expenditure, Congress passed a law in 1806, authorizing commissioners to be appointed to survey and lay out a road from Cumberland, in Maryland, to the state of Ohio. After the survey and location were completed, annual appropriations were made by Congress for constructing the road, until it was finally completed from Cumberland to Wheeling, on the Ohio river, a distance of one hundred and thirty-five miles. This road lies entirely within the states of Maryland, Pennsylvania, and Virginia. Not one rod is within any of

There are several other towns of considerable size, which lie in the range of this route, some of which ought to be mentioned. Zanesville, which is situated on the Muskingum river, eighty miles west of Wheeling, has a fair claim to become a village of the first importance.It is strongly marked by nature for a place of great wealth and population. Situated at the falls of the Muskingum, it can command water power to any extent.Valuable mills, machinery, and manufactories, are already in operation. There are in its vicinity inexhaustible beds of coal and iron ore, which will enable its citizens to manufacture iron and castings, to supply all the wants of the country. It is believed that no situation on the Western waters will furnish as eligible a situation, and