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Fr. 14, 1826.

Repair of Post Roads-Florida Canal.

try. Mr. H. said, it was his belief, that, from the situation the road is at present in, a much larger amount of property might be lost, by losing a single mail, than what was asked for by this bill. He hoped, therefore that the bill would pass. He hoped no further objection would be made to it on constitutional grounds; for gentlemen might be sure there would be plenty of opportunities for discussing that question during the session.

Mr. BERRIEN, of Georgia, said, the motion made by the gentleman from Mississippi, to lay the bill on the table, was made at his suggestion. At the moment when this question first presented itself to his view, he did entertain a serious doubt whether the great question which agitates and divides this Union, and which perhaps is destined still more to do so, was not involved in the subject now presented to the consideration of the Senate. If he could believe it necessary to trace to the treaty of 1801, the rights of the United States to do that act, which it was contemplated by this bill to do; in other words, if he could think it necessary to affirm the general proposition, that the United States could acquire, by force of any treaty, the right to do an act, the right to do which could not be traced to the only legitimate source of its power, the Constitution, he should still be disposed to pause. But the moderate reflection he had been able to bestow on this subject, during the discussion, had reconciled his mind to the admission of the principle, that the effect of this treaty was certainly of limited extent. This treaty was concluded before the admission of the State of Mississippi into the Union, and the parties to that treaty being considered as distinct Sovereignties, might have imposed on the United States certain obligations, from which obligations they could not disengage themselves by any new compacts entered into with the People of Mississippi, on their admission into the Union. To this extent, Mr. B. said, the power of the United States was to be deduced from the treaty, and might be admitted without involving the question of which he desired to steer clear in this

discussion.

[SENATE.

"Be it enacted, &c. That the President of the United States be, and he is hereby, authorized to cause to be made an accurate and minute examination of the country South of the St. Mary's river, and including the same, with a view to ascertain the most eligible route for a canal, admitting the transit of boats, to connect the Atlantic with the Gulf of Mexico, and, also, with a view to ascertain the practicability of a ship channel; that he cause particularly to be examined the route from the St. Mary's river, to the Appalachicola river or bay, and from the St. John's river to the Vassasousa bay, with a view to both the above objects; that he cause the necessary surveys, both by land and along the coast, with estimates of the expense of each, accompanied with proper plans, notes, observations, explanations, and opinions, of the Board of Eng neers, and that he cause a full report of these proceeding to be made to Congress; and, to carry the same into effect, the sum of twenty thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury, not otherwise appropriated."

The Committee on Roads and Canals, to which the bill had been referred, proposed to strike out the three last lines of the bill, and add the following section:

"Sec. 2. And be it further enacted, That the President of the United States be, and he is hereby, authorized to cause a further survey to be made of the country between the Appalachicola and the Mississippi rivers, with a view to the formation of an inland navigation between the same, with notes and explanations, and an estimate of the probable expense of the same; and, to carry this law into effect, the sum of twenty thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury, not otherwise appropriated."

The question being on the adoption of this amendment

Mr. RANDOLPH of Va. rose, and said he was not so much of a political Quixote, as, at the end of six and twenty years of public life, to run a tilt against a wind-mill in full operation; he would only say, that, it being his misfortune to doubt the constitutional power of Congress to act on a

As to the general right asserted for the Union, to make roads through all the Indian countries, against such a doc-subject of this sort within the body of a State, he was trine he should desire to protest. He would draw a distinction between those lands of Indians, living within the limits of the States which came into the Confederation, with certain chartered limits, and those living within States, who, at the time of the formation of the Constitution, had no limits, and whose limits were only defined by the laws regulating their admission into the Union. It seemed to him, that the present bill steered clear of all these difficulties; and, though they had desired this question to rest, yet, if they were required to act on it, he was prepared to act according to the best of his judgment. The general subject having been presented in a formal manner, and in such a manner as to require a formal discussion, he was solicited by no meaner step to interfere with that course which the convictions of his duty had prescribed to him; but, if the members of the Senate, generally, were satisfied that, as to this question, the bill was free from doubt, he should not press on their consideration, at this moment, the motion for laying it on the table.

equally stupid, he would not say "ineffably" so, to doubt its power within the body of a Territory: for he really could not very well see the distinction, the differenceindeed, it was a distinction without a difference-of pouring out the money of the Treasury-the money of the People of the whole United States-upon these projects, whether within the body of a State, or within the body of a Territory. He thanked God he was not so much of a political metaphysician, as to think such nice distinctions of any great importance. It was one of those cases where the play was not worth the candle. It was from this motive that he had voted against the bill, which had, to-day, passed the Senate, for making a road through the State of Mississippi. This Government, said Mr. R. has been in operation now some seven and thirty years, and what road, or what improvement has been made, at its expense, in the adjoining States of Maryland, Virginia, or Carolina? I appeal to the honorable Senator from South Carolina, if there is any piece of road-and, in South Carolina, I understand-I hope I may be mistaken-that there exists none of this political squeamishness, which exists in us Virginians, about the exercise of this right-I appeal to the Senator from South Carolina, if there is a peace of

Some further conversation then passed between Messrs. COBB and WOODBURY, and, after an ineffectual motion to postpone the bill to Wednesday next, it was ordered to be engrossed for a third reading, without a di-road, in the whole world, that more requires the interpovision.

TUESDAY, FEBRUARY 14, 1826.
FLORIDA CANAL.

The Senate, on motion of Mr. HENDRICKS, proceeded to the consideration of the following bill for the survey of a route for a Canal, between the Atlantic and the Gulf of Mexico:

sition of Government, than that road about Marlborough Court-house-the causeway on this side of Pedee? No, Sir. Has there been any proposition to mend it at the expense of the United States? None at all. I, therefore, who go for the fact, do not care one button, whether the public treasure is poured out in doing for the States, that which it behoves the States to do for themselves, or in doing it in the first instance for those particular favorites

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of Executive patronage, the Territories; where the power of this Government, the Executive branch in particular, is almost all powerful, that they may be dandled and swaddled, and nurtured up, into ready made States, and gain all their improvements at the expense of the General Government. I have not the slightest idea of arguing this question; it has been argued so often, and so much better and abler than I can pretend to do it, that I rise only for the purpose of recording my vote on the present question, and asking for the yeas and nays on the amendment.

[FEB. 14, 1826.

power of Congress to construct roads and canals, is brought to bear on this amendment. This objection he did not expect to meet on a mere proposition to explore, to survey, to do that which is doing every day by the Secretary of War, under the authority of Congress. Two years ago a law of Congress was passed, authorizing surveys, estimates, &c. and the employment, for that purpose, of the topographical and civil engineers of the country. This bill appropriated $30,000 for carrying the objects of the law into effect; and, sir, but for the fact that the appropriation under this law is exhausted, the Secretary of War Mr. HENDRICKS, of Indiana, said this was a question of would direct the progress of this very work, which, acmere expediency; a question which has often been been de-| cording to the opinions of some gentlemen, we have no cided. It was a question for a survey; one on which a general power to direct here. How many roads have you surlaw, and a general appropriation, had, heretofore, been veyed through the various States, and what are some of passed; and, in reference to which, an item in the appro- your engineers doing now? Are they not employed in priation bill had passed the other House during the pre- surveying a road from this City to New Orleans? This, sent session, and was now before the Senate. If, on this said Mr. H. is, according to my humble judgment, a proposition, the constitutional question was to be canvas- work to which considerations of expediency will alone sed a broad field would be opened, and a broad discus- apply; and, in this view of it, it was to be presumed, sion would of course ensue. Mr. H. said he would state, there would be but few objections to the amendment. as briefly as he could, the object of the committee in re- Sir, said Mr. H. what is the cause of our solicitudes about porting this amendment to the bill. The bill itself au- | Cuba? It is, that Cuba is the key of the Gulf Stream. thorizes a survey and examination of the Peninsula of It is becuase this island, in the hands of a maritime PowFlorida, with a view to a canal to connect the Atlantic er, could command and control the navigation and the coast with the Gulf of Mexico, at the Appalachicola or commerce of the Gulf of Mexico, and of the West Inthe Suwanee Bay. The section under consideration au- dies. This canal from the Atlantic to the Mississippi comthorizes a continuance of the same survey and examina- pleted, and the power of this position over our comtion to the Mississippi River. The committee were in- merce must, in a great measure, cease. The exports of duced to report this amendment from an examination of the half of the Union would no longer be exposed to the maps of the coast, from the Appalachicola to the Missis-piracies of the West Indian seas, or the no less fatal casippi, and from other sources of information on the same sualties of shipwreck off the Florida Cape. This canal subject. The maps of the coast alluded to, show, with would afford an inland navigation, which would avoid the little interruption, a continuation of lakes, bays, sounds, | dangers of the Cape; and the day is, perhaps, not far disand inlets, almost the whole distance; show the practica- tant, when a canal, at the isthmus of Panama or Darien, bility of a perfect inland navigation for 350 miles, by cut- | would give to it much of the commerce of the East Indies, ting at various points, short distances; which, according and of the Pacific Ocean. This, properly speaking, is a to the information given, and now on the table, amount to measure for the protection of commerce, and not a quesno more than twelve miles. The importance of this com- tion of internal improvements. munication may not, at first view, appear. It may be said that from the mouth of the Mississippi to the Peninsula of Florida, the Gulf is open, admits of safe and easy navigation, and that an inland navigation is here unnecessary. This may be good doctrine for ship owners, and those who follow the coasting trade, but it is very much otherwise for the growers of, and traders in, the produce of the Western country. If the navigation be thrown into the open Gulf, the produce of the West, seeking a market, is stopped at New Orleans; and if it would progress any further South, it is subjected to the expense and deday of transshipment. Even the Mobile and Pensacola bays, to which the navigation is at present almost complete, are shut against the produce and the navigation of the Western country. Sir, said Mr. H. more than one half the Territory, and more than one third of the population of the Union, depend on the Mississippi river for the transportation of produce to the Southern market. That whole extent of country, and mass of population, are interested in the success of the measure proposed.. This inland navigation completed, and the produce of the western country, in the same vessel in which it shall have been shipped at Pittsburg, or at any point on the Mississippi, or any of its tributary streams, may pass directly into the harbors of the Florida coast, into the canal of the Peninsula, and find its way to the Atlantic borders and the markets of, Geor-try would arrive at the Atlantic Ocean in the same boats gia; and if in a vessel calculated to stem the currents of the Mississippi, may return laden with the cotton and sugar of Louisiana and Florida, and with the productions of all the countries watered by the rivers which fall into the Gulf of Mexico, through the coasts of Florida. The half of the States of the Union are in a greater or less degree interested in the measure now before the Senate. But, the constitutional objection, so often urged against the

Mr. RANDOLPH said it had been suggested to him by a friend on the left, that he would have an opportunity of getting at his object better, when the question came on the engrossment of the bill; therefore, he would withdraw his motion for taking the yeas and nays, in this stage. Before he sat down, he begged to be permitted to say, that he did not mean, at all, to question the utility, or the beneficial effects of this scheme, because he knew nothing about it; and, he never called in question that of which he was ignorant; but, it did suggest itself to him, without the mention of the Isthmus of Panama, by the gentleman who had just taken his seat, that perhaps the next appropriation that might be called for, might be from that Congress to cut that canal.

Mr. HOLMES inquired if they intended a total inland navigation. He thought there was scarcely any necessity for an inland navigation, along the shores of the Gulf of Mexico, to the Mississippi.

Mr. HENDRICKS replied, that the object of this section was to procure a passage for the trade of the Western country, through the canal that would pass through the Isthmus of Florida, without transshipping, which would, otherwise, be necessary, in order to sail round to the mouths of the Mississippi. If this inland navigation was affected, the produce of the Western coun

it set out in from the Ohio, or any other tributary stream. Mr. JOHNSTON, of Louisiana, said that the object_of the amendment was to continue the survey along the coast, according to the plan which was presented about two years ago. His opinion was, that if a ship channel were practicable, it would supersede the necessity of an inland navigation; but while the Engineers were on the spot, it was a matter of economy to continue the survey.

FEB. 14, 1826.]

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Florida Canal.

[SENATE.

It was a saving of time, and it would enable the Govern-year, furnished by a gentleman of Boston. It appeared ment to act more speedily. He was apprehensive, how-by that statement that the five first vessels were estimated ever, that it would embarrass the bill by presenting con- at $470,000. stitutional questions; though, in relation to our territories, he believed our power was sovereign, and that we could exercise over them all the rightful powers of legislation; and this was the first time he had ever heard an intimation that Congress did not possess it.

But let us take a more accurate and particular view of this commerce. The whole of the country West of the mountains, and by far the best and largest portion, depends on the Bay of Mexico, and furnishes alone an extensive trade. It produced last year 273,000 bales cotton, Mr. J. said he had no objection to the amendment. It (Mississippi River, 208,294; Mobile Bay, 58,797; Florida, proposes merely to extend the survey along the proposed | 6,000 bales,)—nearly half of the productions of the United line of interior communication, the whole of which is ex- States, besides sugar, molasses, tobacco, flour, and other tremely interesting. But the ship-channel which this bill provisions. They are stated to have equalled twenty-three contemplates, is of infinitely more importance, and calcu- millions last year, and to have employed, from the Missislated more strongly to engage the attention of this House. sippi alone, 150,000 tons shipping. There entered the The object of this work is to draw all the navigation of port of Orleans, in 1825, seven hundred and thirty-two the Bay of Mexico, which now passes through the Strait vessels, making 1,464 voyages; and, including the Mobile between Cuba and Florida, to a more convenient and safe Bay and Florida, probably amounted to 850 vessels and channel through the Peninsula, the effect of which will be 1,700 voyages. to diminish the length of the voyage; to produce great economy in time and expense; to avoid the usual dangers and losses; to give to the Western country, at all times, in peace and in war, a free and open communication with the Atlantic; to deprive Cuba of her position, and to place the trade of that sea under the control of this Go

vernment.

To form a correct opinion of the value of this interior communication, we must bear in mind that our vessels will pass due East, from the mouth of the Mississippi River, in the shortest time, on an open sea, free from danger, almost out of the range of the violent winds of the West Indies, and under the protection of a naval force that will find in Pensacola the same advantages of position Of the localities of the country, I have before spoken: that Cuba presents to a maritime Power, and that each of of the practicability of the work, not a doubt exists on the these vessels, in each of these voyages, traverses fourteen minds of the scientific and experienced Engineers; and I degrees of latitude in distance, and increases her passage wish not to detain the House by an account of the mag-about eight days, and the outward voyage will require a nificent works of this kind which genius, labor, patience, long time to beat up against the current. It may be safely and enterprise, have accomplished in other countries, for calculated, that on the outward and return voyage from objects of comparatively small importance. The Caledo- New York to New Orleans, one half of the time, and one nian Canal, uniting the two seas through Scotland, con- third of the distance, will be saved, and a corresponding structed with twenty-three locks, and forming a line of diminution of expense. seventy miles, and the Canal from the Helder to Amsterdam, of forty-eight miles, below the level of the adjacent sea, both capable of passing frigates of thirty-two guns, demonstrate the practicability of such works, where nature has not interposed physical impossibilities. I understand that a work of great magnitude in Sweden is still continued with unabated zeal and confidence; that the apparent delay is owing to the extent of the work-the partial appropriations of the Diet-not to any insuperable difficulty, or physical impossibility. It is under the direction of an able minister, who perseveres in the object with a zcal that ensures success. It is expected to be completed in 1828. They began by survey, as we do; they acted as we shall, upon the opinions of Engineers. A failure is not anticipated.

To form some idea of the present and future extent and value of commerce of this region, we must look to the great expansion of this Mediterranean sea, the country that surrounds it, with the population that inhabits it, and the productions it affords for exchange.

This export of our country, which employs so many vessels and seamen, of which I have spoken, is entirely the production of the earth, from our own labor, and not liable to any deduction for raw material, foreign skill, or capital. It is the production of three millions of People, with ample space, a rich soil, and favorable climate, which, in twenty-five years, will, probably, double their number, and whose productions will increase in a corresponding ratio. Besides this export, it must also be remembered, that a supply equal to the consumption of nine States, is brought into our ports from the Northern States, or from Europe; that these importations must likewise increase with our numbers and wealth.

I am unable to furnish a full statement of the navigation and commerce of the Spanish Americas, bordering on the Bay of Mexico. The exports of Liverpool alone, for the South American markets of British goods, at the Customhouse price, for the year 1823, amounted to thirty-four millions of dollars, of which more than twenty millions pass by this route. This is independent of the amount shipped It extends from Appalachicola Bay, West, along our from other ports in England, or from the rest of Europe, own coast and the Bay of St. Bernard; thence, South, to the reshipments from this country, and the direct trade of the same extremity of the Isthmus of Darien: thence, American supplies, which is equal to six millions. In adtwenty degrees East, through the Carribean sea, and dition to which, a large amount of the export trade of Jathence, Northwardly, along the coast of Jamaica and Cuba,maica and Cuba pass by this route. The whole of this occupying all the space between those islands and Florida, Louisiana, Mexico, Guatemala, and Colombia.

It embraces a country of immense extent, with a population of fifteen millions, and producing the richest productions of the earth; the whole of whose commerce necessarily passes through the only outlet to the Atlantic, a narrow, crooked, and dangerous channel between Cuba | and Florida-bound by shoals, reefs, and keys, with a strong, irregular, and unequal current, exposed alike to the calms and the storms that prevail there.

The loss of property and lives is incalculably great. I have evidence of the loss of sixty-four vessels, estimated at $700,000, during the last year. Here Mr. J. said he had an accurate schedule of all the losses during the last

trade, with the exports of Mexico, Guatemala, and Colombia, will employ 150,000 tons of shipping, equal to seven hundred vessels, forming an aggregate, with our own, of 300,000 tons of shipping, and 1,500 vessels.

This country, like our own, is rapidly augmenting in numbers, and daily developing its resources. They have just emerged from a long and ruinous war; and the influence of peace, independence, and freedom, has not yet produced its effect upon the industry of this portion of our hemisphere; and we may anticipate, when this influence shall be felt, that, from the extent of territory and popula tion, and the value and variety of their productions, this trade will greatly increase.

We might cast our minds forward, to a period not dis

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tant, when a similar work, now contemplated, will open a safe and short passage to India, through the isthmus of Darien, which will form, with this connexion with Florida, a new and interesting field of enterprise.

It is in vain to calculate the extent of trade in twenty years through this sea, with the rapid increase of population, and the new springs of industry and enterprise which this commerce will excite.

[FEB. 14, 1826.

There are other considerations, of little less weight, of a political character. The Island of Cuba occupies a strong position on our continent. She is called by military men the key of the Bay of Mexico, and capable, with equal naval force, to lock up the navigation of that entire re-der the Sun is sovereign and omnipotent any where: it is gion. She holds the same relation to this continent that England holds to Europe-and to the Bay of Mexico, the same position that Gibraltar holds to the Mediterranean; and in the possession of a People equally enterprising, skilful, and powerful, would attempt to exercise over us and our trade the same uncontrolled influence that the greatest maritime nation has for a long time exercised over the rest of the world.

remark which had been made by a gentleman who had just taken his seat, that this is the first time he had ever heard it questioned, that Congress possesses sovereign and omnipotent power over the Territories of the Union. I am very much afraid, said Mr. R. that the gentleman and myself will be found, in the course of our political journey, to differ, not on this point only, of constitutional law; and I ask his leave to tell him that not only is the power of Congress, whether Legislative, Executive, or Judicial-of either branch or all combined-and much less of a single branch-not sovereign and omnipotent over the Territories, but that the power of no other free Government unutterly inconsistent and incompatible with the principles of free institutions that a Government should be sovereign and omnipotent. I know, sir, we hear a great deal about the omnipotence of the British Parliament, and, I am afraid, we hear more of it than we rightly understand. In some senses of the term, the British Parliament has been said to be omnipotent, and some of the worshippers at the shrine of power have gone so far as to say, that Parliament can do I do not doubt, myself, that into whatever hands it may any thing but change a man into a woman, or e converso; but fall, we shall be at all times competent to defend our trade, it is well known to those who have studied the constituand able to maintain in that sea a force sufficient to restraintional law of England-it is well known to those who have the power of the most ambitious. Yet, it is true, that a been conversant with the history of that country, and who naval force, with a secure and fortified harbor in possession have seen its system emerge from the darkness of barbaof the island, would operate with advantages which noth-rism and feudalism, to its present state, that there is a ing but superiority of force could conquer, and would cost great deal that Parliament itself cannot do, although that great sacrifices to maintain. This is the point where a is an integral and simple Government, totus teres atque ronaval force could act upon us with the greatest effect. tundus, complete within itself, and not a dependent and This is our vulnerable point. The occlusion of the Gulf limited Government, owing its power entirely to a grant, would have a powerful influence on the social and political the voluntary grant, of free, sovereign, and independent condition of the West. It would result in the ruin of agri-States. Now, the idea, that a Government, confessedly culture, and the annihilation of commerce, or in the sacri-instituted for certain purposes, and those principally of fice of their independence; and, perhaps, in consequences exterior relation; a Government that cannot show any fatal to the Union. This sentiment is so strongly felt, that power it possesses out of the deed of gift; a Government any attempt to occupy this position would rouse this that has to resort perpetually to the parchment to uphold country. its capacity to act; a Government which, so far from being self-dependent, rests entirely on the will of its creators;put a case: suppose the several States refuse to send delegates here, what becomes of your omnipotence?-I say, sir, to suppose such a Government to be sovereign and omnipotent any where, is a figure of speech, which I beThis view of the subject will strikingly illustrate the lieve rhetoricians call catachresis-but, thank God, I am value of our naval force to the Union, independence, and not a rhetorician. If it were necessary, I could state a security of our country, which some supposed was re-great many things which the Congress of the United States, quired only to protect the commerce of the Atlantic and the President of the United States, cannot do, even in States; but which, to my mind, is equally necessary to the these poor, miserable, abject Territories. They cannot safety and liberty of all. The time is rapidly approaching violate the person of a free American. "I am an Ameriwhen our increasing numbers, strength, and means, will can citizen;" this is a protection, a panoply that their place us beyond the reach of danger. But, if a competent spears cannot pierce. In regard to those Governments, force could, by any combination in Europe, be collected from the first institution of that of the Northwest Territory, to close this narrow passage, we should instantly feel the down to the last, which I believe was Arkansas, I have necessity of this private covered way of our own through held them to be abhorrent to the nature and genius of our the peninsula, which would induce the navigation to de-institutions. I shall not go into the point, and why? For sert is natural channels-deprive Cuba of her position, and the same reason that I did not go into the expediency and the enemy of his power.-It would produce an entire re- the benefits of this canal. They are Governments proconvolution in commerce. The difference of expense alone sular in their very nature, and they are exercised over obwould give so decided an advantage, that no State could scure and remote provinces by a satrap who never forgets compete with us in that sea: and if the unjust discrimina-that he has been a satrap. tions and unequal regulations of foreign nations render it Sir, I did not rise to favor the Senate with a geographinecessary to countervail their measures, we shall have the cal lecture, though, even on the subject of geography, means of rendering it effectual. I too have had some shallow spirit of judgment; nor to In fine, whether we take a commercial, political, or mili-give a statistical lecture, or a lecture on the subject of tary view of this subject, whether in a state of peace or war, whether at present or any future time, we shall be convinced of the advantages it will give, the security it will afford, and the power it will confer.

But there is reason to believe, at some future day, when war is renewed, that the dominion of this sea, and perhaps this island also, may become a prize to be fought for; that a great naval action may decide the question of power, and that day may not be far distant.

Mr. RANDOLPH said he did purposely abstain from entering into the merits of this question: he did purposely abstain from entering into the principle, much less into any of the details: he would not even go into one of the least degrees of that principle: but he felt called up by a

commerce, which would come much better from the Chairman of that Committee. I merely rose to state that I am one of those who are so stupid-I said, expressly, not "ineffably stupid"-as to believe that Congress does not possess this power; therefore, all I asked, was the yeas and nays, so as to be able to record my vote. I said, that, after so many years of public life, I was not so much of a Quixote as to run a-tilt against a wind-mill in full operation, with the wind at Northwest; but, if I had been

FEB. 14, 1826.]

Florida Canal.

[SENATE.

disposed to favor the Senate with a geographical lecture, examination for a route for the canal in Florida, but also I certainly should not have been able to inform them that for a pretty extensive route for a canal through States. Mr. either Cuba or Great Britain occupied positions on this W. said that it might be that the Congress of the United or the other continent. I have always been under the States, under the Constitution, is vested with the power deplorable mistake, that both of them were insular; Ito make such roads and canals; and when he was satisreadily admit that Cuba occupies the same position on fied that such was the fact, and a fit case presented itself, this continent that Great Britain does on the other conti- he should agree to exercise it. While, however, he doubtnent; because, neither of them occupy a position on either ed this power, he could not consent to exercise it, and, continent. therefore, in the shape which the bill would assume if the amendment were agreed to, he could not be amongst those who would vote in favor of its final passage. He should, on this account, be sorry if this amendment was adopted, as he wished to vote for the bill as first introduced. Mr. JOHNSTON, of Louisiana, rose to make a few remarks in reply to the gentleman from Virginia. He was very unwilling to enter into any discussion with that gentleman; he would reply to the arguments he had used, without taking any notice of the manner in which he had thought proper to treat this subject. Mr. J. regretted much that that gentleman should have thought it neces sary, in the discussion of a bill of so much importance, to have changed the customary style of argument in this House, and to make such a display of raillery as he had thought proper to apply in relation to him, (Mr. J.) They stood in different relations in this House, and, Mr. J. said, the age and standing of the gentleman from Virginia forbade his taking the same liberties with that gentleman that he had taken with him.

With regard to this question of canals, if we must go into the expediency of a canal of some three or four hundred miles, between the Appalachicola and the Mississippi, it will extend through two very large States, and part of another through the whole breadth of Alabama and Mississippi, and a small part of Louisiana. It is very well known to persons conversant with canals, that it is much easier to dig even through the granite of Scotland than to make a canal through morasses and quagmires. The difficulties which have been experienced in the construction of the Chesapeake Canal have not been found in the hard ground, but in the nature of the ground of an opposite quality in the quagmires. We are told of the canal that the Dutch have cut, from the Zuyder Zee to the North Sea. Really, Sir, the distance which is in that little narrow strip of land in North Holland, or West Friesland: for it bears both appellations-between the Zuyder Zee and the German Ocean-what is it? If Holland, itself, were put down on this country that we propose to cut through, you would hardly be able to find it; either the Marquis de Maison Rouge's, or the Baron de Bastrop's, claim would go very near to cover it. Holland is the country, of all others in the world, the most dense in population, and most abundant in disposable capital and habor, except, and that very lately, this same Island, which occupies a position on the continent of Europe; and this country is to be put in competition with the sand banks, the hammocks, the savannahs, pocosons, and swamps of Florida, Alabama, Mississippi, and Louisiana! How many inhabitants are there to the square mile? What the surplus disposable capital? All this only shows that, when once the fever is up, whether it is for internal improvement, or external operations; for Colombian scrip, or Poyas's bonds -look to the situation of England now-it will run its course, unless the doctor should cut it off, and the patient with it, by the plentiful administration of the lancet and calomel. What, Sir, is this argumentum ab inconvenienti which induces us not to look at the charter of our powers, because it is very convenient for us to have a canal here, or a road there, or a something else elsewhere? I will push it to its legitimate consequence; and, if we must have an appropriation contrary to the Constitution; if we must pour out the money of the whole United States for these purposes, because of the position which Cuba occupies on this continent; I say let us annex Cuba to this country in fact. While you argue from the convenience of the thing, totally forgetting all the great landmarks of the Constitution, I am clear that, instead of cutting this canal, we should take Cuba; and there never was a better fime for it-let that committee, or some other, bring in a bill for really making Cuba take a position on this continent: To be sure there are consequences that might ensue; but what are the statesmen, the poor purblind and timid statesmen, who look to consequences? No, Sir, your gallant statesman, when once he is mounted on his Rosinante, and fairly in the lists, looks to no consequences but to his own consequence.

Mr. WHITE, of Tennessee, said he designed to have voted for the bill in its original shape, believing, for one, that they had the power to make an appropriation for the object specified in it, though he was not so sanguine as some other gentlemen as to the practicability of this canal. Should the present amendment prevail, however, the bill would assume a new shape. It provided not only for an

VOL. II-8

(Mr. RANDOLPH explained. He meant no personal offence to the gentleman from Louisiana. It was his ar gument only which he had referred to.]

Mr. JOHNSTON proceeded. He had stated that Congress possessed over the Territory of Florida all the powers of rightful legislation, and, on those subjects, her power was omnipotent. Could he be supposed to be so ridiculous as to say that Congress possessed omnipotent power to legislate over Territories?

[Mr. RANDOLPH again rose. If the gentleman had used the expression that Congress possessed all the powers of rightful legislation, he should not have questioned the gentleman's position. He was willing to believe that he intended to say it, and he was also willing so to understand him; but he could assure him, on his word, that if he did mean to express himself so, he had done what he, (Mr. R.) had often done—he had not succeeded in so expressing himself. He was not such a caviller as to take him or any other gentleman in this House, in a sense in which he did not mean to be understood.]

Mr. JOHNSTON resumed. He believed he had said

No one

that Congress possessed all the rightful subjects of legis-
lation, and that it had complete power over all the sub-
jects of legislation. He did not mean to say that Con-
gress might exercise arbitrary power over the Territories,
that they might exercise the power of life and death, or
the judicial or executive powers over them.
could suppose him to be so ignorant as to say so. But, in
relation to all the usual powers of legislation, in regard
to all the subjects on which legislative bodies usually
act, he said they possessed omnipotent power. There
was no limitation to the power. The present was a pro-
per subject for legislation, and it was a power which could
not be exercised without legislation. This being a subject
of legislation, and Congress having all the rightful sub-
jects of legislation within its jurisdiction, it followed they
had a right to legislate on this subject. The gentleman
from Virginia had cavilled on the phrase "occupies a
position." Mr. J. had said that the Island of Cuba occu-
pied a position on this continent, or in relation to this
continent, that England occupied in relation to Europe.
It was a very common expression. We say a fleet has
anchored on our coast; a fleet has taken a position on our
coast. It is a common military expression. Great Britain
occupies a position, in relation to the continent of Europe,

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