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CHAPTER VIII.

Progress of Internal Improvement. Act of 1824.- Opposition to System.Course of Discussion.-President's Opinion.. Orleans and Buffalo road bill. Survey bill. - Discussion concerning same. Conditional approval. - Maysville road bill; Rejected-Discussion on Message.- Washington turnpike bill; Rejected. — Louisville Canal and Light-house bills; Retained. Harbor bill.

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PREVIOUS to the accession of Mr Jefferson to the Presidency, the necessities of the country and the demands upon the public treasury growing out of the debts of the revolution, and the organization of the government, had prevented the application of any part of the public revenue to the purposes of internal improvement. No question was made as to the powers of the General Government to make such application, because more urgent demands upon its attention had prevented the agitation of such a question.

The finances of the country then began to wear a more promising aspect and a surplus in the treasury left the Government at liberty to attend to other demands, besides those of primary necessity.

The difficulty of access to the great western wilderness from the want of roads soon forced itself upon the attention of Congress,

and May 1st, 1802, a law was passed, making appropriations for opening roads in the Northwest territory. This was the first appropriation made by Congress for such a purpose, and during Mr Jefferson's administration, it was followed up, by acts making appropriations for roads from Nashville to Natches, from Georgia to New Orleans, and other roads within the limits of States, besides appropriations for the Cumberland road, and for roads within the State of Ohio, under the act of March 3d, 1803, appropriating 3 per cent of the proceeds of the public lands in that State, for the purposes of internal improvement. A survey of the coast was also authorized and $50,000 appropriated for that object.

A report was also made to the Senate by Mr Gallatin, in answer to a resolution moved by Mr J. Q. Adams, in 1807, which

gave a general view of the subject and presented a digested and systematic plan for the improvement of the country.

Under that administration, the policy of internal improvement by the General Government, may be considered as having been commenced, and it was thenceforward prosecuted with more or less activity according to the state of the public finances.

During Mr Madison's administration, the appropriations for this purpose were increased, and by the act of May 11th, 1812, a survey was authorized of the main post road from Robinstown in Maine, to St Mary's in Georgia.

While Mr Monroe was at the head of the Government, these appropriations were still further augmented, and surveys were ordered of the interior rivers, and roads were opened by the authority of Congress-all indicating the growing prosperity of the nation and the increasing attention of the government to this subject. A check was indeed given to the policy by the veto, which Mr Monroe in 1822, put upon the bill authorizing the collection of tolls, for the preservation and repair of the Cumberland road. This veto was founded on an opinion, that Congress had not a complete right of jurisdiction and sovereignty over the soil for the purposes of internal improvement, which he considered as distinct from the power to make appropriations for that end, with the consent of the States, through which the road or canal should pass.

In this opinion the President differed from his cabinet, and although his veto was sustained by an additonal message, settling forth at length his reasons for his opinion, it is to be presumed that he subsequently changed his views of the question, as the objects contemplated by the acts of April 30th, 1824, (to which he assented) are at variance with the strict construction of the powers of Congress contended for in his veto message.

This act, which appropriated $30,000 for the necessary surveys, plans and estimates of such roads and canals as were deemed by the President of national importance; and also authorized the employment of the engineer corps in that service, was justly regarded as the deliberate adoption of a system of internal improvement.

It was indeed only an initiatory step; but the direction to lay the estimates before Congress, plainly indicated, that it was the intention of the Government to act efficiently, and that in the belief of Congress the time had arrived, when he resources of the country could not be more advantageously employed than in improving the channels of,communication between different portions of the Union. The engineer corps was accordingly ordered upon that service, and Mr Adams, when he assumed the office of chief magistrate, intimated his determination to give effect so far as fell within the sphere of the Executive Department, to the recommendation of Congress; and also an entire conviction of the expediency of the policy and the

constitutionality of the power. This frank exposition of his views removed a difficulty, which had prevented many appropriations during the preceding administration, and Congress took into immediate consideration those plans of internal improvement, that were deemed of the most immediate importance.

During that administration, accordingly, more appropriations were made for that purpose, and a greater impulse was given by the Government to the internal improvement of the country, than in all the preceding administrations. It was indeed one of its distinguishing characteristics, and contributed in no small degree to awaken the hostility, which was waged against it, from its organization.

The Representatives from the Southern States, excepting South Carolina, had generally evinced great repugnance to the exercise of this power on the part of the General Government, as one not authorized by the Constitution. All power vested in that Government, they argued, must be either specifically granted by the Constitution, or incidental to some power specifically granted. No power to make internal improvement was to be found among the specified powers, nor was it incidental to any of those powers. Those who maintained that the power existed in the General Government contended, that it was derived 1st, from the power to establish post roads; 2d, from the power to regulate commerce between the States; 3d, from the power to make and carry on war,

and as one of the necessary means to construct roads and canals for the transportation of troops and munitions; 4th, from the power to lay taxes to pay the debts and provide for the common defence and general welfare of the United States; 5th, from the power to pass all laws necessary to carry into effect its constitutional powers, and 6th, from the power to make all needful rules respecting the public territory.

As in most constitutional discussions, both parties were fixed in their own conclusions, and although those who denied the power were invariably overruled in Congress, they were no less clamorous in protesting against its exercise as one of the striking proofs of the tendency of the Federal Government to corruption and consolidation.

The question of the expediency of exercising such a power by Congress was also strongly questioned, and it was predicted that it would be productive of dis ensions and improper combinations in the legislature; great extravagance in the expenditure of public moneys; accumulation of power in the Federal Governinent, which would render the State Governments mere dependencies upon its generosity or caprice, and that it would place at its command a host of contractors, engineers, toll gatherers and superintendents, who would exercise a control in the local elections incompatible with the independence of the State Governments.

On the other hand, the necessity of these improvements; the inability of the State Governments

or of private associations to execute them; and their tendency to strengthen the bonds of union were eloquently pourtrayed; and it was aptly replied that any argument drawn from the danger to the independence of the State Governments, or of dissensions or improper combinations in Congress, or of extravagant expenditures on account of appropriations of this character, was just as applicable to the system of fortifications or to any appropriations for local objects undeniably within the jurisdiction of the General Government.

That the subject matter of legislation, if within the constitutional power of Congress, must be left to its discretion, and how ever much that discretion might be abused, its abuse did not effect the constitutional question which necessarily depended upon reasons of a different kind. The remedy for an abuse of power was vested in the people, and a sufficient check would be found in the periodical elections to prevent all tendency to extravagance or corruption in the exercise of a power so indispensable to the prosperity of the country.

While this discussion as to the expediency and constitutionality of the power was renewed with unusual animation, during Mr Adams' administration, the opponents of internal improvement seemed to have forgotten, that the opposing candidate to the incumbent had evinced, while in the Senate of the United States quite as latitudinarian opinions on this disputed point. His votes on eertain bills making appropria

tions for roads and canals were not only in favor of the system of surveys as established by the act of 1824, but also in favor of subscriptions to the stock of private canal companies and of appropriations for roads within the limits of particular States. This heterodoxy was overlooked, or indulging in the hope, that the constitutional principles of that candidate were not yet definitely settled, or that as the representative of a reforming party, he might be induced to make them more conformable to their own political creed, the Southern States and those of the same party in the north yielded him their most ardent support, undaunted by the fact, that he was represented in the Western and Middle States as the friend of internal improvement and that these votes were appealed to as conclusive evidence of his sentiments. His inaugural message gave no indication of any change of opinion, but simply advanced the oracular proposition that 'internal improvement and the diffusion of knowledge, so far as they can be promoted by the constitutional acts of the Federal Government are of high importance.' In the message at the opening of Congress, he first manifested an unwillingness to the exercise of this power by Congress; but his recommendation of an apportionment of the surplus revenue among the States, as a substitute for internal improvement by the Federal Government was scarcely regarded as a measure seriously contemplated.

As the session advanced, however, the divisions on the passage

of certain bills authorizing internal improvements began to indicate, that no support of these bills could be expected from the more confidential friends of the Executive and that the cause of internal improvement would be left chiefly to the care of the opposition. Many however who were classed among the supporters of the administration were staunch advocates of internal inprovement and so vitally important did they deem the assertion of the powers of Congress on this question, that in one instance, after the rejection of a bill of this character by too strong a vote to hope for its final passage, they voted in favor of its reconsideration to prevent any inference being drawn as to the motive which influenced their votes. This occurred in the House of Representatives in reference to a bill brought forward early in the session to construct a national road from Buffalo to New Orleans.

After much discussion concerning this bill, on the 14th of April, the previous question was called for, and the House decided by a vote of 88 yeas, 150 nays, that it should not be read a third time.

Mr P. P. Barbour then rose and congratulating the House on this decision, observed that it had achieved glory enough for one day and moved an adjournment. This observation offended many who voted against the bill, as it seemed to place its rejection upon the ground of its being considered unconstitutional, whereas their votes were given simply in reference to the expediency of making this particular road.

The motion to adjourn thus asked was accordingly negatived, 78 yeas, 111 nays, and the next day upon motion of Mr Spencer of New York, the House determined to reconsider the bill, 99 yeas, 91 nays. As it was not intended to press the passage of the bill, a motion was then made, that it lie on the table, and carried, 94 yeas, 88 nays.

The discussion was again renewed upon the consideration of the bill, making appropriation for examinations and surveys. This bill was taken up in the House on the 25th of March, when on motion of Mr McDuffie, the House resolved itself into Committee of the whole on the state of the Union, and took up the bill making appropriations for examinations and surveys, &c, viz:

For defraying the expenses incidental to making examinations. and surveys for national works under the act of 30th April, 1824, and also for arrearages on account of surveys in 1826, 1827, and 1828, 30,000 dollars;

For completing the Cumberland Road from Zanesville to Columbus, 91,000 dollars;

For continuing the road from Detroit to Fort Gratiot, 7,000 dollars;

For continuing the road from Detroit to Saganaw Bay, 7,000 dollars;

For continuing the road from Detroit to Chicago, 8,000 dollars;

For completing the road from Pensacola to St Augustine, 10,000 dollars;

For completing the survey and estimate of a canal to connect the

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