Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Twentieth Congress Page: 305
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OF DEBATES IN CONGRESS.
305
FEB. 2, 1829.]
Cumberland, Hood.
[H. OF E.
apart from the authority of the States ; because, if the
right had been given by the constitution to the General
Government, it could not have been necessary to have
made the assent of the States a condition precedent to the
execution of the power. It only proves that Congress, in
1806, believed they had the right of appropriating the
public money for the construction of the road, disclaim-
ing any power in the Government itself to construct it,
against the consent and without the aid of the States. That
such was Mr. Jefferson's opinion, I shall presently show,
by his message to Congress in December, 1806, a few
months after he signed the Cumberland road bill.
The next legislative decision to which I shall ask the at-
tention of the Committee, was in 1817—'18, upon a very
able report of a Committee of this House, upon the sub-
ject of Internal Improvement. That report was drawn by
a distinguished member from Virginia, and concluded with
three resolutions, which I beg leave to read to the Com-
mittee:
" 1. Resolved, That Congress has power, underthecon-
stitution, to construct post roads and military roads.
"2. That Congress has power, under the constitution,
to construct roads and canals, necessary for commerce be-
tween the States.
" 3. That Congress has power to cut canals for milita-
ry purposes."
These resolutions were very ably discussed, and all of
them rejected, by yeas and nays—and the power solemnly
declared, on the part of this House, not to be in the Gene-
ral Government. Here, then, was a clear, solemn, and
conclusive decision, on the part of Congress, against the
entire power of Internal Improvement.
But I will not stop here. I will now come to the opnv
ions and authority of most of the distinguished men who
have administered the Government, some of whose opin-
ions have been relied on by gentlemen on the other side;
and first as to Gen. Hamilton, who, except Mr. Madison,
contributed probably more than any other man to the for-
mation of the present constitution. I begin with him, sir,
because it is known that he was thefirst distinguished man
who advocated and maintained, soon after the constitution
was adopted, that construction of it which was believed to
give to this Government absolute supremacy, and calcula-
ted to break down those barriers wheh he and others at
one time had been so solicitous to erect for the security and
preservation of the State Governments. It was this con-
struction under which the first bank of the United States
was established in 1791; which afterwards gave rise to the
celebrated contest of parties in 1798 and 1790; and finally
brought the republican party into power. The revolu-
tion which then took place turned mainly upon the lati-
tude of construction, which went to enlarge, to an alarm-
ing extent, the powers of the General Government, at the
expense of the States. At the head of this school stood
Alexander Hamilton—one, perhaps, of the ablest and most
intellectual men of his age, that the world had ever seen,
and one who did. more than any other to strengthen
the arm of the National Government, by enlarging the
sphere of its power and action. Yet, sir, notwithstanding
all that was then done by Mr. Hamilton, or that was said
or thought of him, or of his ultra doctrines, I undertake
to say, that, in his wildest schemes of making this a great
and splendid National Government, he never dreamed of
its exercising such powers as those now claimed by the
advocates of Internal Improvement, nor ever said or did
any thing which would lend his high sanction to it. On the
contrary, he maintained, in his celebrated report oi 1791,
(when 'Secretary of the Treasury) that whatever concern-
ed the general interests of learning', of agriculture, of
manufactures, and of commerce, were within the sphere
of the national councils only so far as they regard the ap-
propriation of money. Now, highly objectionable as this
doctrine is, yet how infinitely short does it fall of the no-
Voi. V—39
tions and opinions of these days. Whilst we deny the
right of appropriating money for objects not embraced in
the constitution, yet do we not see an essential difference
between executing a great scheme of Internal Improve-
ment by roads and canals, and granting the funds in aid of
their completion ? In the one case, we grant money with-
out touching any of the reserved rights of the States: in
the other, we appropriate private property ; seize land
from the proprietors 5 divest titles; cut up the States,
and violate their most sacred rights. We have then the
authority of Alexander Hamilton, that this power of Inter-
nal Improvement, if it existed, could only extend to the
appropriation of the national funds, and not to the exe-
cution of the power itself. What was Mr. Jefferson's
opinion, as to this power we shall find in the following
part of his message to Congress, in 1806, shortly after he
signed the act for making the Cumberland road:
" Their patriotism would certainly prefer its continu-
ance, (the impost) and application to the great purposes
of the public education, roads, rivers, canals, and such
other objects of public improvement as it may be thought
proper to add to the constitutional enumeration of federal
powers." Again, in the same message, he says : " The
subject is now proposed for the consideration of Congress,
because, if approved, by the time the State Legislatures
shall have deliberated upon the extension of the federal
trusts, and the laws shall be passed, and other arrangements
made for their execution, the necessary funds will be on
hand without employment. I suppose an amendment to
the constitution necessary, because the objects now recom-
mended are not amongst those enumerated in the consti-
tution, and to what it permits the public money to be ap-
plied." These opinions Mr. Jefferson always entertained,
and reprobated the idea of there being such power in the
General Government. They were the basis of his long
and prosperous administration, the glories of which, it is
to be hoped, will long continue vivid in the annals of our
history.
I come next to the authority of Mr. Madison, which all
seem disposed to admit is entitled to great weight. In
the conclusion of his message to Congress, in 1815, we
find the following: "I particularly invite again their at-
tention to the expediency of exercising their existing pow-
ers, and, where necessary, of resorting to the prescribed
mode of enlarging them, in order to effectuate a complete
system of roads and canals."
Again, in 1816, he says: "Whilst the States individu-
ally, with a laudable enterprise and emulation, avail them-
selves of their local advantages, by new roads, by naviga-
ble canals, and by improving the streams susceptible of
navigation, the General Government is the more urged to
similar undertakings, requiring a national jurisdiction and
national means, by the prospect of thus_ systematically
completing so inestimable a work ; and it is a happy re-
flection, that any defect of constitutional authority which
may be encountered, can be supplied in a mode which the
constitution itself has providently pointed out." •
But in March, 1817, a bill passed both Houses of Con-
gress, after a long and able debate, setting apart and
pledging certain funds for internal improvement, and was
presented to Mr. Madison for his approbation. He return-
ed it to the House of Representatives with his veto, and the
following objections, which I beg leave to read to the Com-
mittee:
" To the House of Eepresentatives of the United Stales:
" Having considered the bill this day presented to me,
entitled 'An act to set apart and pledge certain funds for
Internal Improvements,' and which sets apart and pledges
funds ' for constructing roads and canals, and improving
the navigation of water courses, in order to facilitate, pro-
mote, and give security to internal commerce among the
several States, and to render more easy and less expen-
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Twentieth Congress, book, 1830; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30754/m1/309/: accessed May 6, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.