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and on the continent of Europe, though not connected the country for improvement. He thought this canal was with it. All the islands in the Mediterranean are positions important to all the States bordering on the Mississippie on the coast of the Mediterranean, exactly as a fleet an- and the tributary streams. At present, there is only one chored in our waters has taken a position on our coast and market for the sale of their produce; but, if this canal on our waters.
was found to be practicable, they would have a choice of Mr. HOLMES was in favor of the bill and against the markets; and there would be another advantage to be deamendment. He had no doubt that Congress has the power rived from it-in case an epidemic raged in one place, to survey this ground forthe purpose of making a canal they might proceed to another. He was, therefore, in in the Territory, or a right to make it. He believed, favor of the amendment. however, his friend from Louisiana had defined that power! Mr. HARRISON, of Ohio, offered a few remarks in supby a figure a little too broad; but he was well satisfied of port of the bill and the amendment, both of which he con his meaning, even before he had made the explanation. sidered of great importance. The gentleman from Maine Congress, Mr. H. said, possessed the same power of legis- thought the new States were not remarkable for their molating over the. Territory as it had over the District of desty, and that, on all occasions, where they could get'any Columbia; and it was a legislation over these Territories, thing by asking, they never failed to demand it. Mr. H. said subject to the stipulations of the Constitution of the he had never known that the portion of country which United States. No one would contend that they could the gentleman came from, was remarkable for its modesty: regulate the religion of the Territories, nor that they and, if it was, the gentleman himself was in a fair way to could quarter troops on the inhabitants in time of peace, get rid of it: for he had told them, he was about to ask. because it was prohibited by the Constitution. They for something for his Ultima Thule. Mr. H. said he should might legislate, subject to the rights of the People of the not have noticed the remark that fell from the gentleman Territories, but they could not take the property of these from Virginia, (Mr. RandoLPI,) on his own account: for it individuals, and convert it into this canal, without giving was a matter of indifference to him, what that gentleman them an equivalent. Whether the attempt to make the thought of the persons who had the good or bad fortune Florida canal succeeded, or not, Mr. H. said he was will to exercise the appointments of Governors of Territories; ing to incur almost any expense, if there was a prospect but it was necessary to defend his constituents. He reof success. He would do almost any thing to avoid the presented a State, the inhabitants of which understood navigation round the capes, the keys, and reefs of Florida. all the duties, and were alive to all the feelings of freeIt is the bane of sailors; it is a Golgotha-a grave yard. men, as well as that State which the gentleman himself reHe should not think it much of a loss to the United States presented, and for which he (Mr. H.) had the greatest rewere the whole Peninsula of Florida sunk into the Gulf spect. Mr. H. said he had, for twelve years, exercised the of Mexico. He believed it would be a blessing to this power of Satrap, and, he trusted, during that period, he country if they could dig it down with shovels and sink had never forgotten that he was an American citizen; and it into the deepest place in the Gulf. He thought that, that they were citizens for whose benefit the power was within the last half century, it had been the grave of more conferred upon him. There was evidence now in this persons than now inhabit the whole of both Floridas. He City to shew, that one, at least, of the very respectable considered the present subject as most important in every States that composed the Territory that he had the honor point of view, whether as regarded the United States, to govern, had very different feelings on this subject, from or the mariners; and he would venture almost any thing those which were entertained by the gentleman who had to avoid this dangerous navigation. Mr. H. said the West- alluded to the subject ern and South Western States were usually very modest in Mr. HAYNE, of S. C. thought a few moments reflection their claims; but they seemed to have adopted the maxim, would satisfy the gentleman who had offered the amend. never to lose any thing for want of asking, and perhaps ment, that it involved a principle different from that which it was a very good one; but he thought the better maxim was involved in the bill. When questions agreed in the same was the one they were accustomed to teach their children principle-if, for instance, it was proposed to act on a sin.
(though he did not look on them in that light,) if they gle case, there was no reason why you should not emwanted to get much, to ask for a little at a time. On their brace others of the same class: but, when it could be tables there was an appropriation bill, which appropriates shewn that an object, which every one agreed was a proa small sum for the purpose of surveys. If this doctrine per one, would be jeopardized by being connected with was to be established, first, that they had a right to sur-another of a different character, then they certainly ought vey routes for roads and canals, and afterwards that they not to be placed together. In the present case, the orihad a right to make them-a doctrine which he had al-, ginal proposition was to make a survey through a Terri. ways combatted-yet, if he was to be beaten in that, he tory of the United States, for the purpose of ascertaining agreed with the gentleman from Virginia, that, if they whether an object was practicable, which all adınitted broke open the chest and took out the money—though, to be very desirable; and it was now proposed, as an Mr. H. said, he protested either against breaking open the amendment, to make another survey through a Sovereign, chest or giving up the keys-give him his share. A little State, without a provision for the consent of that State, money is to be applied for this purpose of surveys, and when gentlemen well knew, that there were sevesurveys have been made in almost every State and Terri- ral individuals on this floor who believed that the power tory, except in Maine, the Ultima Thule; a place which of the General Government extended to the one case and had been quite disregarded. Mr. H. concluded by saying, not to the other. Without entering into the argument on if the amendment prevailed he should be constrained to the subject, Mir. H. said, it appeared to him that the two vote against the bill.
subjects ought not to be connected together, because Mr. FINDLAY of Pa, said, this bill contemplated nothing they involve, in the declared opinion of many genmore than to make a survey to ascertain the capacity of tlemen, a different exercise of power. The gentlemen the country for improvement--a thing which they had from Tennessee, and from Maine, had both stated this to been in the practice of doing for several years. Mr. F. be their opinion. It would, he therefore thought, be was against the proposition, that the United States had best to finish one subject first. Let us ascertain, by a the power to make roads and canals through the sovereign survey, whether the ship channel could or could not be States, without their consent; but he did not think they cut across the Florida Peninsula, over our own Territory, were warranted in drawing the inference that they pos- and then it would be time enough to proceed further, sessed this power from the circumstance of employing and inquire whether this additional survey, from the Chatthe United States' engineers, to ascertain the capacity of tahouchie to the Mississippi, would be necessary, and was
Feb. 14, 1826.]
(SENATE. fairly within our constitutional powers. He would intreat step in this, as in some other cases, constituted the chief the friends of this measure not to embarrass it by a proposi- difficulty-he meant from this place to Fredericksburgh tion differing somewhat in principle, and also in its details. the great Serbonian bog between Occoquan and Chapa
Before he sat down, Mr. H. said, he would notice a re-wamsic. He would only say to the gentleman from South mark that the gentleman from Virginia, (Mr. RANDOLPH,) Carolina, that such was the hospitality of his reception, had made, in speaking of the State he (Mr. H.) had the when in that State, that he did not require an invitation honor to represent, though not in any terins of which he to repeat it. The hospitality of South Carolina was procomplained. He had asked, whether South Carolina had verbial. received any portions of the favors of the Federal Govern- Mr. R. was very sorry, that, in the use of ridicule as an ment, in this respect, and whether some of her roads did argument on this floor, he had fallen under the censure not need it? It so happened, Mr. H. said, that he never of any member, but he should be permitted to take shel. had, like the gentleman from Virginia, travelled the road ter under a high authority-one of the strong positions on to which he alluded; he, therefore, could not say what the continent of Literature. As this very high authority had was its present condition; but he would inform the gen- asserted that ridicule was the best weapon by which tleman that the State of South Carolina, within a few to cut up great things, a fortiori, it must apply to little years, had expended nearly two millions of dollars in cut-ones. ting its own canals, and making its own roads; and if that He could not agree, with the gentleman from Maine, gentleman should ever honor that State with another visit, that Congress possesses the same power over their other and accept of the hospitality of its citizens, he would find Territories that they possess over the District of Columbia; the ways open, and in good order, and he would, he and why so? Because it was not necessary for him to tell hoped, have a pleasant journey. As regarded the favors the gentleman from Maine that nullum simile est iden. of the General Government, Mr. H. said, it was true they The Territory of Florida or Arkansaw is a Territory, and had received none. Though their harbors had been sur-the Territory or District of Columbia is a Territory; and vered with a view to fortify them, the works had not yet so far they are alike--as like as Macedon and Monmouth; been begun. They had never asked for favors, and were there is a river in Macedon, and there is a river. Mon. not much in the habit of complaining; but, when they did mouth-so says Fluellen; and there are salmons in both: ask, he hoped they would not be refused.
this was to prove the parallel between Alexander the Mr. RANDOLPH said, the gentleman from South Ca. Great and Harry the Fifth; but in no other respects, but roling lad misapprehended him; and it was probable it that they are called Territories, is there any similitude, srose from the clumsiness of his (Mr. R's.) own expres- much less identity. Indeed there is not even a similaritysion fult to which he was afraid, from the consequen- not even in name. What are the words of the Constitaces that had followed his addressing this body, he was too tion? Mr. R. said he was very sorry that this book (holdmuch addicted. He did but mean to state that there was ing up the Constitution) was so seldom resorted to. It a distinction between these questions, taken upon political was like the Bible, in which we kept receipts, deeds, &c: metaphysics-between the power of Congress within a and never looked into it except when we happen to want State, and over a Territory, taken upon political metaphy- them; and even then we are so little in the habit of using sics but he was almost sick of political metaphysics. He it, that we forget where they are mislaid. "The words of did not believe that Congress had all the powers within a the Constitution are these: * Congress shall have power State, that they had within a Territory; but he did not sce to exercise exclusive legislation in all cases whatsoever, the difference between Congress putting their hand into over such district, (not exceeding ten miles square,) as his poeket, for the purpose of cutting a canal in the State may, by cession of particular States, and the acceptance of Alabami, which was a Territory yesterday; or in the of Congress, become the seat of Government of the Unit. Territory of Florida, which will be a State to-morrow. ed States, and to exercise like authority over all places Some of the earliest lessons he received in politics, Mr. R. purchased, by the consent of the Legislature of the State said, were under that great teacher, old Roger Sherman; | in which the same shall be, for the erection of forts, maand another great teacher, the most sagacious man, per- gazines, arsenals, dockyards, and other needful buildhaps, that Virginia ever bred, old George Mason. They ings." Here, said Mr. R. was their authority over the always went for the substance of the thing, and not for District of Columbia; which, adopting the nomenclature the shadow. Sherman's rule was, give me the vote, and of the Constitution, was not even a Territory and now take the argument. He was for the practice; as the gen- for the authority over the Territories. “The Congress tieman from Maine said, he was for the money-keeping shall have power to dispose of, and make all needful rules it within the Treasury of the United States, or in the and regulations respecting, the Territory or other propockets of his constituents, where it was more safe to perty belonging to the United States.” If Congress poslodge it than in any Government under the Sun, and from sesses the same power over the other Territories, Michi. which it was Mr. R's belief, it ought to be, by no Go- gan for instance, that it possesses over the District of ten Ternment that consults the interest and happiness of the miles square, then Michigan could never become a State People, ever taken, without real and obvious necessity. and he should not be very sorry to hear it. Could this In regard to this necessity, in regard to this Scylla and ten miles square ever become a State? No, it could not. Charybdis, it has been about as much exaggerated, as in the If it were to become as populous as London, and the disold story that we have read of in our youth, in the blind old trict ten miles round London, it never could become a man of Scio's Rocky Isle. Go to the Insurance Offices State; it never could have a Representative in the other and ask what is the insurance against the sea risk, pirates branch of the Legislature, or two Senators on this floor. and all? Was it ten per cent. It was long, Mr. R. said, It could only have a Delegate, to speak, but not to vote; Since he had any thing to do with the Treasury; it was and he was not quite certain that the Constitution would
long since he had devoted his mind to statistics to such authorize even that. What was the case with Indiana, 1. minutia; but he was convinced, that insurance of the Unit-Ohio, Illinois, &c.? They were under a certain ordinance,
ed States, to no part of the world, even doubling Cape which will live forever in the statute book and in history, Horn, amounted to ten per cent. A gentleman near me, a monument (he was sorry to say it) of the folly, the infaof commercial experience, says it is from one and a half to tuation of his parent State. They are, if you please, a two per cent. . . :
Territory over which Congress shall have power to make M. R. said, he did expect that, when the gentleman all needful rules and regulations. Does that sound like from South Carolina gave him so warm an invitation to his omnipotent sovereign authority? But let that pass. But native State, he would have reminded him that the first they are in an inchoate condition-They are as old Lilly
(FEB. 14, 1826.
hath it, in the future in rus-about to become a State. And the work. As for himself, he did not now, and never did. is it possible? I cannot believe that the authors of this instru. I like these Territorial Governments; and, by this course of ment, who were very sagacious men, though their sagacity making improvements in them, it only retards their bedid not, because it could not-it was not in the nature of coming States: for, when they acquire the requisite pothings-it is not in the nature of man-that it should ex-pulation, they will still put it off, until all the improve. tend to the point of seeing how this political machine, when ments they desire are made. One wants a canal, anothey put it into operation, would work. I cannot believe that ther a road, and when they get all they want, they they intended, by “needfu miles and regulations re- come into the Union flourishing States, with nothing more specting the Territory," any such monstrous grant as this to ask. that is now claimed for “s 'The Congress.” We have had Mr. M. thought gentlemen in an error when they spoke to cobble several parts of it, and we are now tinkering the of ten per cent. being charged for insurance to Cuba; he very same part of it again. Such is political foresight. I was under the impression it was never so high as that, and hope to be permitted to speak as a plain and unlettered man. now, he understood, it was from one to one and a half per I never shall enter into a dispute on the subject of philolo-cent., and this includes the dangers of the coast, particu. gy as long as I live. I speak in the plain vernacular tongue, larly the two Capes of North Carolina, &c. Mr. M. did level not only to the comprehension of this august assem- not agree with Mr. HOLMES, about sinking this Territory bly, but to that of my constituents, the People, the State in the Gulf of Mexico; he had rather have the land than so of Virginia. Men commence with the control of things~ much more water. This Territory of Florida was, by the they put events in motion-but after a very little while, way, a strange country; sometimes it is very good-no events hurry themaway,and they are borne along with a swift country like it then, again, it is so worthless it is not fatality, that no human sagacity or power can foresee or worth having, and to be sunk in the sea. control. All Governments have worked so, and none more Mr. M. said, he did not like to go on in this way-the than ours—no man ever supposed that the British Consti- Government was constantly gaining power by little bits. tution, taken theoretically, was to produce the present re- A wagon road was made under a treaty with an Indian sult; no man ever supposed that the different French Con- tribe, twenty odd years ago; and now it becomes a great stitutions, with their councils of ancients and their councils national object, to be kept up by large appropriations. of youngsters, were to turn out as they had done. A govern. We thus go on by degrees, step by step, until we get alment on paper is one thing it is such a government as most unlimited power. Little things were often of great we find here in this book-and a government of practice importance in their consequences. The Revolution in is another thing-it is such a governmentas we find here this country was produced by a trifling tax on tea. There in this body I mean. The authors of the Constitution were five or six different ways found out of getting pow. would never have used separate sets of words to convey er-by construction, by treaty, by implication, &c. He one and the same thing. If they had been scriveners was not willing to take any of them. He was willing to from the Inns of Court, and wanted to draw out their execute the Constitution just as it was understood by parchment to the greatest professional length, though they those who made it, and no other. might have used the set of words applied to the District, Mr. M. concluded by saying, there were constant applithey would have used the same set of words applied to cations before Congress for these objects; yet nothing was the Territory_but you see there are two distinct, and in more clear to him than that, if they could be executed with some regards, discrepant grants of power.
profit, they would be done by private enterprise, and that I have learned a lesson tv-day, (said Mr. R.) which I it was only when the case was different that Congress was hope will not be thrown away upon me; that is, hereafter, appealed to. when I want to record my vote on a question that I con- Mr. BRANCH, of N.C. did not wish to detain the Senate ceive to be of consequence in its principles, however re- any further than to assign the reason for giving the vote garded by others, not to be betrayed into a discussion, which he should give. He considered the Territory of even of that principle, where I know discussion will do Florida as the property of the United States; it was an inno good, or into details, when the details are quite fant State, and he considered it as the bounden duty of foreign to the matter in hand. I accord my thanks to Congress to foster and cherish this property, and to lead the Senate for the patience with which they have heard it to a state of maturity as speedily as possible. They me, and I promise them not very soon to trouble them again. must nurse the Territories; they were constrained to do
Mr. HOLMES offered, in reply to Mr. R. a few reasons for this as regarded their natural offspring, and they were unthe difference between the phraseology of the two clauses, der the same necessity as regarded the Territories, which and then said, in reply to the gentleman from Ohio, (Mr. would hereafter become States. The unappropriated HARRISON,) he did not, when he observed that, from the lands in the Territory of Florida belong to the United modesty of his Western brethren, they never lost any States, and whatever was bestowed for the work in conthing for want of asking he did not intend any disrespect templation would be amply repaid, at a period not very to their very respectable Representative. If the People remote, by the enhanced value of the lands which would required him, he was obliged to urge their claims. He there be brought into market. Mr. B. perfectly coincid. did not wish to enter into any discussion with the gentleed with the gentleman from Tennessee, (Mr. WUTE,) man as to which of the two possessed the most modesty. doubting of the constitutional right of the United States If they were to agree to renounce their modesty, they to cut roads and canals through the States, he had hitherwould have no difficulty in doing it, and their intimate to abstained from exercising it; but as regarded the terfriends would probably not observe the loss.
ritory, the objection did not seem to exist. Mr. B. said Mr. MACON, of N.C. said, the opinion had been express he should, on all grand questions, feel himself at liberty to ed that, while the Territories remain such, it was competent vote for every measure that had a tendency to advance for the Government to make improvements in them; but, the general weal, and should feel himself bound to supsuppose improvements begun, and before they are finished, port the interest of the State he represented, so far as he the Territory becomes a State—what is to be the conse- could do it consistently with a conscientious discharge of quence? The moment a Territory becomes a State, the his duties. This was the course he should pursue, and he General Government must cease to act, and, if it cannot knew the People at home too well to believe that they go on, all the money and labor expended may be thrown would not sustain bin in it. away. In the work now proposed, Mr. M. said, they Mr. HENDRICKS offered some further remarks in sup. ought to have proceeded as in all other similar objects- port of the amendment. It only proposed to do that they ought to have estimates of the cost before they begin / ivnich was doing every day, and which the Engineers FER. 14, 1826.)
were even now employed in doing, between this place fluenced by the opinions of another. He was very sorry and New Orleans. It had been suggested to him, since that his colleague had misunderstood him. this discussion had commenced, to withdraw the amend Mr. ROWAN, of Kentucky, said, that, so far as related ment, and that the Secretary of War would have power to the disbursement of money, he was one of the liberals. to order this survey. This, Mr. H. contended, was a He was not one of those who thought it a blessing to have strange circunstance; that the Secretary of War should an overflowing Treasury. Whenever there was more have the power to do that which this House doubted its con- money in the Treasury than sufficed to meet the current stitutional power to authorize. Amongst the several maps expenses of the Government, it belonged to the People, and charts with which the committee had been furnished, and it ought to be distributed amongst them to swell the there was one which tended to show that, of the survey tide of industry. The survey proposed by the bill, as alluded to, the greater part had already been made, under related to the Territory, he conceived to be a very importhe authority of the War Department, probably for ascer tant measure; and he had no doubt as to the powers of the taining suitable sites for fortifications. He thought that United States to expend the money within the Territory; they had so far progressed, and had so often adopted this but, so far as he was at present informed, he was of opiprinciple, that he could not have expected that any objec. nion, with those who contend that the Government has not tion would have been made on constitutional grounds, to the power, without the consent of the States, to expend the section before them; but these objections having been their money on the soil of the State. The territory of the made, if they were to meet them on every proposition that State belongs to the State as a sovereign State; and was a was made, they might as well meet them on this question sovereign State to talk about being the object of a favor? as on any other. He should, therefore, be disinclined to Was a sovereign State to demand a favor, and receive it accede to the wish of those who wished the amendment in the shape of a favor? Was it consistent with the soveto be withdrawn, even if he had the power.
reign character so to do? The very term implied compoMr. MACON said that, whether he voted liberally ornent power, wealth, and every thing that was necessary not liberally, he would willingly leave it to his constituents for the existence of a State. The wealth of a State, wheto decide on his votes. The fact was, in regard to the ther of the United States or of an individual State, in his anticipated augmentation of the value of lands, in conse- opinion, did not depend on the surplus millions in the quence of making the canal in the Territory, that the Treasury, but exists always in the muscles, and enterprize, highest lands ever sold by the Government were sold and hardihood of its citizens; and this is a source that where there was no improvement, not even a road-he could be drawn on for every reasonable purpose, and at meant (so he was understood) Madison county, in Alaba- all times when the wisdom of the State chose to make the ma. As to voting the public money liberally, Mr. M. said draft. He considered an appeal to the United States, by he wished to see every thing saved that could be saved, a State, in the shape of a favor, as a renunciation of its to meet those sixteen millions of the public debt which sovereign character. He was one of those who believed fell due this year. The Secretary of the Treasury had not only that things influence terms, but that terms influsaid we must borrow to meet it. Mr. M. thought it best ence things; and when they used the language of depento husband our resources, and pay off as much as wedence, they would prepare the temper of the People for could, and satisfy every body that there is a prospect of the reception of the thing; and in this discussion, and all paying the debt off. He repeated, he did not think it was such discussions, he wished terms to be excluded that necessary to expend money in the Territory in this way, were incompatible with the intrinsic meaning of the subto advance the value of the lands. He had no doubt the stance to which they are applied. In inquiring into the land would sell as fast as the Indian title was extinguish- power of the State, he did not look into the Constitution ed. - It was the country where sugar and other valuable to find what powers were conferred; he looked into it to articles would be produced, and the bounty on sugar see what powers were denied-what the People have dewould make the lands sell fast enough.
nied to themselves. Every thing is subject to their will, Mr. BRANCH said he had ever yielded to the force of and the Constitution is but the delineation of the manner the arguments of his worthy colleague, and to his long in which this will is to be exercised, in what we call the tried experience, and he should examine well the ground Government: and what is not fairly denied to the State, on which he stood, before he ventured to differ from him.exists by the social compact. He took it a little unkind in his colleague to put the con- In the General Government, they were, Mr. R. said, to striction he had done on the remarks he had made to the look into the Constitution for all the power they possessed Senate. He should have considered the different grounds —there was no such power given in the Constitution; and on which they stood; a patriotic devotion of thirty years he believed, with deference to the opinion entertained, to his country had placed him (Mr. M.) firmly in the con- that, to convey the exercise of such a power, was incomfidence of his friends at home. Mr. B. said no man ever patible with what was the acknowledged power of the paid more respect to his talents and real worth than he States. There was no power given to expend money in did, and he did not wish to contrast any course he should roads and canals in the States; there was no such power deem it his duty to pursue, with the course of his honora-specifically given to the United States; and when once it ble colleague. - He appreciated his motives; he vencrated was settled in this House that power could be derived to the man; but his conscience told him he must pursue a this Government by construction, you have discovered the course, on this occasion, which differed from that of his means by which the whole power of a State might be frit. honorable colleague. His friend, in the course of the re-tered down and annihilated. Construction is a thing of mats he had made to the Senate, had alluded to the vote inconceivable dilation. But without going into political given yesterday in relation to authorizing the opening a metaphysics, there was one aspect of the case which should road from Tennessee to Mississippi; and he did vote for present itself on all such questions. We are apt to say, that appropriation: for, not only had Congress the right to this Government has power, and that Government has make this appropriation for a road through the Indian power; and the general phraseology seems to import, that country, acquired by treaty, before it came into the Union, this Government has a double sovereignty-the sovereignhot it was an obligation on the General Government to ty of the United States, and the sorereignty of the State. complete the work it had commenced, and he had there- ! Mr. R. thought there was but one sovereigri in America, we voted for it.
| and that is the People; the public will is the sovereign Mr. MACON protested that he meant no improper re- power; and there are two sovereign machines-one for istence to his colleague, in the few remarks he had made. external purposes, and one for internal purposes. The He never entertained a thought that any one was to be in. People within a State are sovereign, and that State is liSENATE.]
(FEB. 14-21, 1826.
mited by the restraints imposed in their own Constitu- Mr. KING, of Alabama, did not intend to have said a tion, and by the power conceded to the General Govern- word in the discussion of this subject, if he were not placment. Imposed by themselves, in their own Constitution, ed in a situation that required him to explain his reasons 'ur in the Constitution of the General Government, their for the vote he should give. He was as much opposed to
will is the power, where these restrictions are not found. the violation of the principles of the Constitution, as any When we hold any communion with Foreign Powers, we man on this floor; and, in regard to those constructive put on this armour-we use the machinery of the United powers, so dangerous to the liberties of the country, and States' Government for this purpose; and with that ma-to the rights of the People of the sovereign States, he chine is connected the different State agents. The go. should be the last man to attempt to exercise the power verning power is not inherent in the Legislature of a State under such construction. But he thought the Constitution or Nation; but they are machines through which the real had nothing to do with the subject now under discussion. governing power, the will of the People, operates. They Where was there any violation of State rights in authorizare their agents. As to the Territory, then, they must ing the Government to make this survey? Did they not either govern themselves, or they must look to some other do it every day, under an express appropriation, year after quarter for government, or they must have none. They year, without any of those fears about the Constitution? do not govern themselves, and the Constitution has pro- | İf the Government of the United States had not the power vided they shall be governed by the sovereign will of the of employing the Engineer Corps, to examine the state of People, as displayed in the national machinery, by this the coast, with a view to fortify the harbors, rivers, &c. to General Government.
facilitate the commerce of the country, what, he asked, As regarded this improvement in the Territory, Mr. R. were the powers of the General Government He should said it must always be a question of expediency; and be vote in favor of this amendment, under the impression that lieving it to be so, he was prepared to vote, and not only it was right and proper that the Government should be inprepared, but he was eager to vote, to further the objects formed of the advantages which would result from making of that part of the hill which relates to the Territory of this communication, by the examination of enlightened Florida. But he could not, consistently with his present men; and when the proposition was brought forward to impressions, vote for that part which relates to the States make an appropriation to open any canal, within the limits of Mississippi, &c. If the amendment prevailed, he of a State, the assent of that State not being obtained, he should vote against the bill; and he thought it would have should vote against it. been most expedient, in many points of view, not to have the debate continued until four o'clock, when the brought forward this question, so far as it relates to the question being taken on the amendment, it was rejected States in connection with the question, so far as it relates by the following vote: to the Territory.
For the Amendment-Messrs. Barton, Bouligny, Chase, Mr. KANE, of Illinois, said this was a question he never Findlay, Harrison, Hendricks, Johnston, of Lou. Kane, liad an opportunity of hearing discussed in Congress be. King, Marks, Noble, Robbins, Ruggles, Seymour, Thofore; and he should not now rise to say one word, but for mas, Williams-16. the intimation that there was no doubt but this question Against it-Messrs. Bell, Bertien, Branch, Chandler, could be carried by a sufficient nunber of votes, con- Clayton, Cobb, Dickerson, Eaton, Edwards, Ellis, Hayne, nected with the further intimation, that most of the speak- Holmes, Johnson, of Ken., Knight, Lloyd, Macon, Mills, ing on this subject had been made by those who express-Randolph, Rowan, Sanford, Smith, Van Buren, VanDyke, ed doubts on the constitutional question. He did not see / White, Willey, Woodbury-26. that the constitutional question raised here, was essen- The bill was then ordered to be engrossed for a third tially connected with the object of the bill. There was reading, without a division. nothing in the word road or canal, which, ex vi termini, imported an object of internal improvement. Was a canal,
WEDNESDAY, FEBRUARY 15, 1826. proposed to be cut across the Isthmus of Florida, an object | This day was principally spent on Executive business, of internal improvement? Did not all the reasoning that and of course with closed doors. had been employed on this subject, go to show, that its object was to protect commerce? And the bill, as pro
THURSDAY, FEBRUARY 16, 1826. posed to be amended, had in view the further object of the This day was spent in the same manner as yesterday. further protection of commerce, by opening a communication to the Mississippi river. The amendment proposed
Friday, FEBRUARY 17, 1826. to appropriate a certain sum to make an examination; and The same: and adjourned to Monday. when that examination shall have been made, if the report should go to show that the object of this canal was
Mondas, FEBRUARY 20, 1826. only for the purpose of internal improvement, then would The day was spent on Executive business, except rebe the time to raise this objection. But, if the report ceiving a few petitions, &c. went to show that the further object was to accomplish the protection of the commerce of the United States, then
Tc Esday, FEBRUARY 21, 1826. this question could not arise. If it went to show that it
BANKRUPTCY. would be an immense saving to the Treasury of the Na Mr. ILAINE, of South Carolina, from the Committee tion, and, moreover, afford protection to a greater degree to whom was referred a resolution to inquire into the ex. than would be afforded to the commerce of the United pediency of establishing a uniform system of Bankruptcy, States by cutting a canal, than by building a fort, he would reported 2 bill to establish a uniform system of Bankask why the constitutional question should, in that case, ruptcy throughout the United States;" which was read, necessarily arise? He merely wished to give his reason and ordered to be printed. why he should vote for the amendment proposed by the Mr. HAYNE, in reporting this bill, said that the coincommittee. He viewed the object of the bill as no more mittee to whom the subject had been referred, had be. unconstitutional than those laws which provide for the sur- stowed on it the aitention due to its importance; and vey of our own coast. Suppose the Engineers had re- though they deeply regretted the delay which had taken portcd, that the best way of protecting the commerce of place in submitting the bill to the consideration of the North Carolina, was by cutting a canal along the coast, Scnatc, yet he could assure them that this had arisen unwould gentlemen sar, this canal was not to be cut, because avoidably, from the great difficulty of arranging the decanals are used as the means of facilitating internal com-tails of a systein so extremely complicated, and of such merce only? Ile thought not.