H. OF R.]

Internal Improvements.

[MAY 19, 1832.

provided for in the latter part of the eighth section of the whereof is ceded," &c. It will be thus seen that all these first article of the constitution. In order to enable Con- objects were classed together, and the same requisites negress to erect needful buildings for the operations of the cessary to enable Congress to erect them: even if admitlegislative and executive departments, and that the Fe- ted that lighthouses are needful buildings in aid of comderal Government might have a local habitation as well as merce or the navy, Congress could not make them within a name, it was provided that Congress should have power the jurisdictional limits of a State, without first obtainto exercise exclusive legislation in all cases whatever, ing exclusive government over the places or sites, as in over such district (not exceeding ten miles square) as case of forts, dockyards, &c., with which they have been may, by cession of particular States and the acceptance of classed.

Congress, become the seat of the Government of the Mr. Speaker, I have thought proper thus to allude to United States, and to exercise like authority over all lighthouses, because they seem to have been a sort of places purchased by the consent of the Legislature of the stumblingblock, and a kind of last rallying point of the State in which the same shall be, for the erection of forts, friends of internal improvements, or as a hook or place to magazines, dockyards, arsenals, and other needful build- hang a doubt on; and particularly to call the attention of a ings. The control of those subjects is entirely in friend whom I see across the way, to the subject, as he and Congress-they are the only objects in the charac- myself have frequently, in a sort of Committee of the Whole ter of improvements, or edifices within a State, which on the state of the Union, had this, with other subjects, Congress has the power to make, and not even these and particularly the Union itself, under consideration. without the prerequisite of acquiring the whole and ex-But I think they have sufficient to distinguish them from clusive government, by purchase and cession, over the the general class of objects known as internal improveplaces where erected; with which places after this, the ments. But they seem by many to be considered as a authorities of the State in which they may be cannot in- sort of mongrel, or thing of doubtful character. If genterfere in any way. There is a great mistake in supposing tlemen please, they may consider them as a kind of political that the improvement of rivers, bays, inlets, and harbors, zoophytes, corresponding to that doubtful or intermediate and making roads and canals in the States, stand on the class of beings which form the connecting link between same footing. They are nowhere provided for, either the animal and vegetable kingdom: let gentlemen consider directly or indirectly, in the constitution. Does any one them as the intermediate link between the two govern suppose that the States would or could cede to the Gene- mental authorities; make them political zoophytes. ral Government the rivers, bays, and all the public high- Mr. Speaker, the power to regulate commerce, like ways upon which commerce is carried on? If so, what that to regulate the mail, so far as relates to our public would be left-what power would the State Governments highways-the ways on which commerce is carried on, have? They would be utterly useless. The constitution and the mail transported, is merely a right to pass over of North Carolina expressly says: "The property of the them. The power to regulate commerce, and the mail, soil in a free Government, being one of the essential is a power over the subject and vehicle, and does not rights of the collective body of the people, it is neces- affect the highways. Congress legislates over both these sary, in order to avoid future disputes, that the limits of subjects, so as to make and prescribe the legal rules by the State should be ascertained with precision."

which they are to be governed; and when the judicial Then, after describing the boundary line on the south, power is required to act upon cases originating under it says: "Therefore all the territories, seas, waters, and these laws, in connexion with either of the subjects, the harbors, with their appurtenances, lying between the federal courts take cognizance of these cases. But does above described line, &c., and the southern line of Vir- it not occur to the most uninformed, that any other cases, ginia, are the right and property of the people of this originating on those public highways, than such as are State, to be held by them in full sovereignty." I believe, connected with the mail, or with navigation and comsir, no part of these things has been parted with or ced- merce, refer themselves to the jurisdiction of the State ed, nor could they be, without a violation of the federal tribunals? If Congress has the right to make, alter, constitution, unless for such purposes as have been pro- amend, or abolish our public highways within the States, vided for in the instrument. Congress has power to none of which have been ceded to it, does not even a build forts, dockyards, &c., within a State, only upon the blind man see that the consequence must soon be an ensame principle that it could build the capitol, the execu- tire obliteration of all the power of the State authorities, tive departments, navy yard, and other needful buildings and in that case our system of government is destroyed by in the District of Columbia, not because Congress had consolidation?

the right to legislate, but because, having first obtained, It must, I think, be perfectly plain, according to the by the method pointed out in the constitution, by cession foregoing reasoning, that the exercise by Congress of the and purchase from Maryland and Virginia, full power over power to make internal improvements, either roads and the District, it could then, and not till then, place or erect canals, or those upon watercourses, harbors, bays, &c. any such improvement as it might think proper. And so of is entirely unauthorized by the constitution. If Congress the other subjects mentioned. It will be seen in the Laws, has not this power, then it has not the right to do so in first and second volumes, that immediately after the Go- any way or by any means, and of course it cannot do it vernment went into operation, provision was made for the by the use of money; if it has not the power, then it has cession of lighthouses, with the same views as seemed to not the right to use the means to arrive at the end. What, have been applied to the subjects mentioned; and what let me ask, is power, but the use of the means to accom. then was deemed to be the construction, may be learned plish any purpose? Means in use are power de facto-real, from the practice of the Government in regard to light-practical power. Even the consent of a State would not houses, as acted on then and since, as will appear by the give the power. The consent of a State could no more following extracts from Gordon's Digest of the Laws: "No give Congress a right to do that which it had not the right lighthouse shall be built on any site previous to the ces- to do under the constitution, than I could give another insion of jurisdiction over the same to the United States;" dividual a right to do an unlawful act. If Congress, unand under the head of offences against the United States, der the power to pass laws for the regulation of commerce&c.: "If any person or persons within any fort, dock- laws or legal rules to settle the quo modo of intercourse yard, navy yard, a senal, armory, or magazine, the site and exchange, has the right to make the ways on which whereof is ceded to, and under the jurisdiction of, the commerce is carried on, still more would it seem reasona United States, or on the site of any lighthouse or other ble that it should make the vehicles; for, according to the needful building belonging to the United States, the site doctrine assumed, that Congress has a right to do what

MAY 19, 1832.]

Internal Improvements.

[H. OF R.

ever will facilitate commerce; and if a power to regulate delivered in the case of Gibbons vs. Ogden, we have the is a power to make, then Congress has the power to make, following: "Commerce, in its simplest signification, means or cause to be made, every thing having any relation to an exchange of goods; but in the advancement of society, commerce, not only the ways but vehicles, such as mer-labor, transportation, intelligence, care, and various mechant vessels, canal boats, carts, drays, and wheelbarrows, diums of exchange, become commodities, and enter into merchants' warehouse wharfs, &c.; and under the power commerce; the subject, the vehicle, the agent, and their to regulate commerce among the States, as a facility, they various operations, become the objects of commercial regucould make wagons, pedlars' carts, and any thing else. lation. Mr. Speaker, I have been astonished at the extent, Sir, as there is nothing which facilitates commerce more amplitude, and variety of action assumed under this power. than articles the exchange of which constitutes com- Sir, the following sentence will disclose what I venture merce in its most confined signification, Congress may ap- to pronounce neither yourself nor any member of this propriate money to make or encourage the making of body would ever have dreamed of. Sir, it is a claim for every thing which is bought and sold, all things which Congress, of a most singular faculty. Nothing more or enter into commercial exchange, either foreign or domes-less, sir, than, under the power to regulate commerce, tic. But if the improvements of the public highways are Congress may do-what, Mr. Speaker? You could not regulations of commerce, within the meaning of the con- guess in a fortnight, sir. Nothing more or less than prostitution, what will gentlemen do with that part of it which pagate seamen; the things among others spoken of as subsays, "No preference shall be given, by any regulation jects of commercial regulation, are shipbuilding, the carof commerce or revenue, to the ports of one State over rying trade, and propagation of seamen, &c. Now, sir, those of another." Whenever half a million is given to for a little philology: I believe it will be found, upon eximprove or, make ports or harbors in one State, it must, amining our dictionaries, that the word propagate means to comply with the instrument, be given to all having any to continue by successive generation. Now, sir, I believe ports or harbors. it has been settled long since, by the metaphysico-physioThis, Mr. Speaker, is surely a most extraordinary power. logical philosophers, that there is no such thing as equiIn addition to the authorities already given, showing the vocal generation. It must, therefore, be unequivocal; and exclusive and plenary nature of the power to regulate thus, under the power to regulate commerce, Congress commerce with foreign nations, among the several States, has the power, unequivocally, to generate seamen. This and with the Indian tribes, the following is also given, is the consequence of the doctrine that Congress can do, from the opinion of one of the members of the Supreme or make, or cause to be made, any thing giving facility to Court in the case of Gibbons vs. Ogden. Speaking of commerce; but sir, I did not know that Congress had the this same power, he says: "And since the power to pre- right to regulate any but commerce between the United scribe the limits to its freedom necessarily implies the States and foreign nations, among the several States, and power to determine what shall remain unrestrained, it fol- with the Indian tribes.

lows that the power must be exclusive." The same idea Mr. Speaker, the tariff has long been, and justly, a subis expressed by Justice Baldwin in the case of the Indian,ject of complaint. It has deserved quite as much as has Tassels, as may be seen in Peters's Reports. The Chief been said of it. Yet, I must be permitted to tell the friends Justice in Gibbons vs. Ogden, speaking of inspection laws, of State rights, of the rights of the people, and to tell the says: "They form a portion of that immense mass of le- people themselves, that a system of internal improvement gislation, which embraces every thing within the territory carried on by the General Government within the States of a State not surrendered to the General Government; strikes more directly at the vitals of the sovereignty of the all which can be most advantageously executed by the States, the sovereignty of the people, for they are the States themselves. Inspection laws, quarantine laws, as States, than even that canker of our peace and harmony, well as laws for regulating the internal commerce of a the tariff itself. The term internal improvement is most State." Now, let me ask, are not all the rivers, bays, har- comprehensive. It is not necessarily confined to the makbors, roads, canals, &c. within a State, included within ing or improving public highways; but, by the facility of the territorial and jurisdictional limits of the State? And construction, may be made to apply to every possible reis not the legislation over them a part of that immense mass lation of man to man, and thus place all the private as well of legislation which the Chief Justice says embraces every as public concerns of the people under the management thing within the State not surrendered to the General Go- of this Government, acting as one great consolidated power vernment? Have all our public highways, have any of upon the community. To the union of these two agents, them, been surrendered to the General Government? Have the tariff and internal improvement, the one the pluneven Nag's head and the swash places already alluded to in derer, the other the receiver, of the money of the people, this discussion? And if not, let me ask, by what authority we must owe, if no interposition can be had, to redeem us does Congress interfere with the rights of the States, from this most unholy alliance, what, sir, it makes my with the rights and property of the people of North Caro-heart sick even to think of! Mr. Speaker, must it be so? lina, without any sort of justification, against the constitu- Are we, like all other empires, to have our rise, progress, tion of the United States, and against the express claim of and fall? To run our brief race, that, too, in less than fifty the people of North Carolina, in their declaration of rights, years! which is a part of the constitution of the State, reserving "There is the moral of all human tales, this very right and power to themselves? The words of 'Tis but the same rehearsal of the pastthis declaration are: "That the people of this State ought First freedom, and then glory: when that fails, Wealth, vice, corruption--barbarism at last!" to have the sole and exclusive right of regulating the internal government and police thereof." From the doc- Mr. Speaker, we, the representatives of the people of trine of plenary and exclusive powers which I have advo- this country, and the people themselves, are under a most cated, and which I think correct, Congress either has the awful responsibility! Are we not looked to as the guarwhole power of internal improvement, or no part of it. dians, not only of our own political and civil rights, but as This all-pervading power, the regulation of commerce, is the guardians of the rights and liberties of the human race? a broad mantle which hideth a multitude of our political Shall we, faithless to ourselves, and to mankind, in our dissins. Sir, it leads to things of a most strange and fantas- graceful scrambling for money and place, forget the trust tic character. I have said that commerce, in its most con- reposed in us? Sir, if this is to be the case; if the idea of fined sense, is an exchange of equivalents. In this I am self-government is a dream; if man is ever to be the again borne out by the high authority upon which I have dupe of his fellow-man, to be robbed, and cheated, and so frequently drawn for aid. From one of the opinions trampled on! why, all I have to say, is,

VOL. VIII.-193

Then, let this world be, and continue still, One wide den of thieves, or what you will! Mr. BOON now rose, and called for the previous question. The call was sustained by the House, and the previous question carried. The bill was read a third time, and finally passed by the following vote--yeas 99, nays 75. INDIAN ANNUITIES.

Mr. McDUFFIE now moved that the House should resolve itself into Committee of the Whole on the state of the Union, with a view to take up the bill making appropriations for Indian annuities, and other similar objects. On the decision of the House on this motion, it appeared that there was not a quorum present, (yeas 69, nays 29.) Thereupon,

Mr. VINTON moved an adjournment of the House; which was negatived.

[MAY 19, 1852.

their lands, except to Indians removing from Georgia, in pursuance of the treaty of 1828.

Mr. VINTON accepted this amendment as a substitute. Mr. WICKLIFFEfinquired if the fund of $500,000 voted by Congress towards effecting the removal of the Indians west of the Mississippi, was not applicable to these pur

poses.

Mr. VERPLANCK observed that the amendment offered as a substitute was objectionable, inasmuch as, by th? treaty, (which he read an extract of,) reference was had to improvements made by the tribes east of the Mississippi. In answer to the honorable gentleman from Kentucky, he did not see how any part of the fund he alluded to could be applied for any of these objects.

Mr. DAVIS, of Massachusetts, said he had not heard the answer as to whether the $500,000 could be appli ed to the purposes of these bills. He would repeat the question, and desired to know how much of it was unex

The CHAIR said there was a quorum in the House, and a quorum then voting, the motion of Mr. McDUFFIE pre-pended. vailed, and the House went into Committee of the Whole Mr. BELL said this subject had been discussed at length on the state of the Union, Mr. ELLSWORTH in the chair. in the last Congress, and it was conceded that this fund The bill making appropriations for Indian annuities could not be touched, except for the object for which it and other similar objects, was gone through without ob- was originally destined; that it was necessary to make spe jection. cific appropriations for the several treaties. In answer to Mr. VERPLANCK then moved that the committee the gentleman from Massachusetts, he believed the unex should take up another Indian bill, making appropriations pended balance was about $193,000; which was only liain conformity with the stipulation of certain treaties with ble to be called on for the distinct object for which it was the Creeks, Shawnees, Ottowas, Senecas, Wyandots, appropriated. Cherokees, and Choctaws.

After a few remarks from Mr. WICKLIFFE, and Mr. BELL in reply thereto,

The question on the amendment proposed as a substitute by Mr. McDUFFIE, was then taken, and it was agreed to. Thereupon,

Mr. BATES, of Massachusetts, inquired if any information had been furnished by the Secretary of War, in pursuance of a certain resolution agreed to by the House on the 15th March, in relation to the payments made or to be made, by virtue of treaties, to the several Indian tribes. Mr. VANCE submitted an amendment, pro forma, that Mr. VERPLANCK replied that no answer had been he might be enabled to offer it again in the House, (if given as yet. Having inquired as to the cause of the de- lost,) where he meant to explain his reasons at length, lay, he understood that the details required by the resolu- which the lateness of the day now prevented him from doing. tion were very numerous, and would possibly make a The question was taken on the amendment of Mr. V., volume as large as the report annually presented on com- viz. "for the Shawnee tribe, in Ohio, $20,000;" which merce and navigation, to which cause the delay might be was negatived. ascribed. The object sought for could not bear on the bill, whatever grounds they might furnish for future legislation. The present appropriations were only those that were required by treaty stipulations with the tribes therein mentioned.

Mr. DUNCAN now moved as an amendment, that $150,000 should be appropriated for the pay of the militis of Illinois.

Mr. McDUFFIE objected to this amendment, as the bill now before the House had nothing to do with military ap propriations.

Mr. BATES said he could not consent to vote for these appropriations, until the information sought for was fur- Mr. DUNCAN said his object in offering the amendnished to the House. The House was aware that, by the ment was, that he understood this was the last bill to be treaties, the several stipulations for money were due to presented to the House for making appropriations at the the nations or tribes, respectively, and not to individuals present session, and this matter had been overlooked. composing them. He was advised that some of these The question was then taken on the amendment, and tribes had not been paid, and that, in other cases, pay-negatived.

ments had been made in some instances only partially to Mr. VANCE submitted another amendment, viz. "to individuals amongst them, instead of to the tribes. For defray the expense of a delegation of the Wyandot tribe instance, he said the annuities to the Cherokees were of Indians to Washington in 1832, $400.” $6,000; yet he understood only $500 of that amount had Mr. VERPLANCK said he had inquired into the cir been paid. This was certainly not a fulfilment of the con- cumstances on which this appropriation rested, and he betract that had been entered into with that nation, and, lieved, from the information he received, it was a proper strictly speaking, payment to any individual was not a pay-appropriation.

ment in pursuance of the contract, and such payment Mr. BELL proposed to amend the amendment, by a would not exonerate the United States from future liabil- further appropriation to defray the expense of a Choc ity. He objected to the practice altogether, and said, taw delegation from Ohio, $772."

that if the principle was countenanced, it would give rise Mr. VERPLANCK considered there was a vast differ to numerous private claims, which must be very trouble-ence between the two cases. In the one, attention had some and vexatious to Congress hereafter, as well as pre- been drawn to it, and inquiries made in consequence, judicial to the public interest. which justified him in saying it ought to pass; whilst, of the other, there was no knowledge from the department

After some observations by Mr. McDUFFIE,

Mr. VINTON submitted an amendment, that no pay-whatever. ment should be authorized for improvements in the State of Tennessee.

Mr. VANCE declined accepting the amendment offer ed by Mr. B., who thereupon withdrew it, and the ques After some discussion between Mr. BELL. and Mr. tion on the amendment of Mr. V. was put, and agreed to. VINTON, Mr. McDUFFIE proposed, as a substitute, that The several Indian bills were then laid aside; and there should be no payment made for improvements on Mr. WICKLIFFE moved the consideration of the bill

Mar 21, 1832.]

District of Columbia.

[H. OF R.

making provision for the sale and disposition of the pub-vigation of the river, although he did not attach any value lic grounds in the cities of St. Augustine and Pensacola, whatever to the privilege of the company. and to reserve certain lots for public purposes, and to provide for their repair and preservation.

Mr. VANCE wished to submit another section to this bill, viz. to authorize the President of the United States to dispose of some lots in Detroit, and to remove the arsenal and storehouses there; which was agreed to. Finally, the committee rose, and reported the several bills to the House, as amended; and

The House adjourned.

MONDAY, MAY 21.

The Wiscasset case again came up, and Mr. SLADE was allowed a small remainder of the hour upon it, before the clock marked twelve, when he was again interrupted by the rule.

DISTRICT OF COLUMBIA.

Mr. DODDRIDGE said it was intended to construct the bridge so that the draws would be high enough, without lifting, to permit steamboats to pass through without any difficulty, and to be so wide as to remove every impediment to the ordinary navigation.

Mr. THOMAS, of Maryland, opposed the measure as altogether injurious to the citizens of Georgetown, and the great agricultural district dependent on that place for a market. He was furnished with data by which it appeared that every barrel of flour brought there would, if this bridge was constructed, be subjected to a tax of two to five cents per barrel: there were at present upwards of 150,000 barrels exported from thence, and when the catax on the increased quantity of produce which should nal was completed, this would be felt a most burdensome be sent to that place for a market. On the article of wood alone, it was estimated it would prove a tax of 2,500 dolOn motion of Mr. DODDRIDGE, the House went into lars annually. He maintained that, by the original conconsideration of the business relating to the District. tract made between the two States of Virginia and MaryMr. D. moved the concurrence of the House to an land, the free navigation of the river was guarantied, and amendment made by the Senate to a joint resolution to that the proposed erection was nothing less than to tramappoint three persons, two to be chosen by the Senate, ple on the rights of the citizens of Georgetown and his conand one by the Speaker, to prepare a code of laws, du- stituents. He would enter his solemn protest against the ring the recess of Congress, for the District, and he pro- erection of any bridge, and asked, what right had they to posed to amend the amendment, by increasing the num-go to the national treasury and take thereout 30,000 dolber for that purpose to five. Two to be chosen by the lars for the benefit of private individuals; this, too, to be Senate, and three by the Speaker: a majority to act. followed up by a further sum of 50,000 for rebuilding the The amendment was agreed to; and bridge? He contended at length that they had no constiMr. POLK then proposed an amendment to the amend-tutional right to make such a grant, and that no paralment of the Senate, viz. "that the three judges of the district court should be authorized and directed to prepare the code."

Mr. DODDRIDGE would merely state that such an amendment could not be acceptable to the people of the District.

Mr. CARSON called for the reading of the resolution, and the amendment of the Senate; after which, he said that he objected to the proposition of the honorable member from Tennessee, on the principle that the law administrators should not be the law makers.

Mr. ADAMS had some doubts as to the power of the House to direct the judges in the matter.

Mr. DEARBORN said that, on a former occasion, there had been a code of laws drawn up, by order of Congress, by the Chief Justice of the District, and he understood the two other judges did not agree with him; and if they were again appointed to prepare the code, the same result might follow.

The amendment of Mr. P. was then rejected, and the resolution ordered to be engrossed for a third reading. The House then went into Committee of the Whole, Mr. ADAMS in the chair, on sundry bills.

After disposing of several others, the bill from the Senate to alter the bridge and draw over the river Potomac was taken up.

lel case could be found in which the funds of the nation had been taken for the purpose of benefiting a few private citizens, stockholders of a company, but which stock they had acquired at low rates from the original proprietors.

Mr. BATES, of Maine, inquired how the tax alluded to was founded, and whether any toll was levied of the amount stated.

Mr. THOMAS replied that it arose from the necessity that would exist to transship the flour, as the narrow passage of the draw rendered it almost impracticable for any vessel in a head wind to strike the exact passage. It was therefore incumbent on shippers to transship their property.

Mr. DODDRIDGE said, in explanation, that it was hardly necessary for him then to go over the constitutional power of the House to pass this law. That was decided when the original act was passed; and it then had met, in the Assembly of Virginia, only three dissentients. The compact alluded to went only to restrain one State from any act to obstruct the river to the prejudice of the other.

Mr. THOMAS did not deny that the bridge company now had a vested interest, and full power to rebuild the bridge, but his hope, on behalf of his constituents, was, that as they (the Bridge Company) were unable to do so, Mr. DODDRIDGE sent to the Clerk's table, and had Congress would not give them their aid in constructing it. read, two amendments; the first proposing to give the Mr. DODDRIDGE argued at length upon the benefit bridge company the sum of 30,000 dollars for their pro- which Congress had derived from the valuable building perty therein, the bridge to be taken by the United States lots ceded to them in the city, which gave some claim, to be rebuilt and made free. The second amendment if not the right, to go to the national treasury for aid (which he should offer if the first failed) was to give the to complete a work which would be a national benefit; company 20,000 dollars for the free passage of the mails and he maintained that, for all legislative purposes, the across the bridge, (in addition to 10,000 dollars for the enlargement of the draw,) with the further condition that the company should reduce the present authorized tolls to the public fifty per cent.

The first amendment was offered and stated by the

Chair.

power of Congress was as complete over the District, as that of any State over its territory; and, however the gentleman now opposed this grant, he did not seem unwilling to take funds from the national purse for the literary purposes mentioned in the bill which he had so recently sought to bring up.

Mr. WICKLIFFE was willing, in order to secure the Mr. WASHINGTON observed that, as he had formerconstruction of a permanent bridge, to vote for this ly addressed the House at length in opposition to this amendment, if to be constructed without injury to the na-measure, he had not intended to go again into the sub

H. OF R.]

District of Columbia.

[MAY 21, 1832.

ject, but that he wished to reply to one or two remarks chimerical, and all the satisfaction that they would have to from the honorable chairman of the Committee for the derive on that head would be the speech of the bonorable District. Mr. W. contended with much earnestness that gentleman. the construction of the bridge must prove highly inju- Mr. S. having gone at large into the various arguments rious to the interests of the citizens of Georgetown, the that were urged against the bill, he concluded by expressinhabitants of Maryland, and all the interests connected ing his hope that, if a bridge was deemed necessary, it with the Chesapeake and Ohio canal. He considered should be erected above Georgetown; which would be the measure altogether a violation of the compact by attended with all the benefits desired from this, without which the unobstructed navigation of the river was gua- any material clashing of interests. rantied, and that no benefits arising from the erection. Mr. J. S. BARBOUR insisted that this was a measure could compensate for the injury it would inflict. He was of national importance, as connecting the great Northern followed by and Southern districts. He denied (in reply to Mr.

Mr. MERCER, who said it was in contemplation to SHEPPERD) that Congress had not attended to the inte adopt a plan which would be a benefit instead of an in-rests of Georgetown, as well as for other parts of the Dis jury to the inhabitants of Georgetown, by which a chan-trict, as he considered, when he stood side by side with nel of 1,000 feet-and that was 300 wider than at George- the honorable gentleman, and voted the large sum of town-could be left for the passage of vessels, with one million of dollars to aid in the construction of the arches to be so high that steamboats and small craft could Chesapeake and Ohio canal: that must be considered the pass under without lifting the draw. The bridge could most important of all the grants that had been made for be constructed of five or six arches, which would admit any part of the District. He had no doubt of the power of a free passage for the ice, which could be, as in Balti- of Congress to make such a grant within this District. more and other places, kept broken by a steam apparatus. He had no doubt that much benefit would result from a permanent erection. But if the matter was left to the company, the consequence would be, a slight one, according to their means, would be constructed, which the next freshet after its completion might carry off.

Mr. WASHINGTON said that the interest of the inhabitants of Georgetown was not thought of when that grant was made.

Mr. WICKLIFFE made a few remarks in favor of the construction of the bridge by the Government.

And the question being at length taken on the amend

Mr. WASHINGTON called on the honorable memberment, it was rejected--yeas 61, nays 69. to redeem his proposition as to the completion of a bridge Mr. DODDRIDGE then proposed the next amendhigh enough to admit steamboats to pass under, and re-ment, [to give the company 20,000 dollars for the passage quired him to follow it up by an amendment to that ef- of the mails; 10,000 dollars for the drawer; and the orfect. He maintained that a bridge so to be erected, and dinary tolls to be reduced 50 per cent.] to be permanent, (he supposed it would be of stone,) would cost nearly a million, instead of the small sum asked by this bill.

Mr. THOMAS went at large into the same grounds he had urged in opposition to the first amendment, and said it was more than ever a matter of importance to his constituents, that they should have a free and unobstructed navigation of the rivers, when he recollected that the late decision of the supreme court in Maryland in favor Mr. WASHINGTON said, if such a bridge could be of the Chesapeake and Ohio Canal Company had debarbuilt, Georgetown might be saved much of the incon-red them from the chance of any other outlet through venience which was certain to follow the erection of any other kind of bridge. It was a serious grievance to them to have the ice bound up in the river by the old constructed bridge. But he doubted the practicability of the one proposed, for the means proposed.

Mr. MERCER did not say it was to be erected of stone; it might be erected as the Columbia, Trenton, and other bridges, on wooden columns.

Mr. MERCER said it was perfectly practicable, and at no great expense, as judging from the one at Harrisburg, which was three-fourths of a mile tong, and consisted of twelve arches, the cost was only 150,000 dollars. In Virginia there were two with arches of two hundred feet, and the cost did not exceed 18,000 dollars.

which their produce would reach a market.

Mr. DODDRIDGE said he had heard the arguments of the gentleman some six or seven times, and it was pretty evident that no plan that could be devised would satisfy the inhabitants of Georgetown. On a former occasion they had declared they were satisfied if a wider draw was constructed. The company, who coukl not have been compelled to enlarge the draw, objected, and Congress had proposed to grant $10,000 for that purpose, to meet their wishes. Although the present bill was the same as the last, yet it seemed their opposition now sprung up new hope that the company would be unable, of themselves, to go on with the work.

from a

Mr. THOMAS rose to demand the yeas and nays, and could have wished to have seen the suggestion last made draughted into the shape of a bill, in order to guard against Mr. WASHINGTON said, at the time the $10,000 was any entrapment or injury to the rights of his constituents. granted for the enlargement of the draw, the bridge had He desired to have something by a bill, rather than the not been carried away. When Georgetown consented, frail recommendation of the honorable gentleman from she did so because the evil was in existence, and she was Virginia. anxious to get relief on the best terms she could, and to Mr. A. H. SHEPPERD, of N. C., considered that the have the largest draw she could accomplish; but she was constitutionality of this question should be decided sole- always dissatisfied at the infringement upon her rights, and ly by a judicial tribunal. If the Congress had not origi- the obstruction of the river. But she waived her objec nally the strict right to authorize the construction of the tions, provided there was a draw of sixty-six feet. The bill bridge, there could not be, under their grant, any vested passed both Houses, but the bridge company declined acinterest whatever in the bridge company. The inhabit-cepting the conditions attached to the bill. There was con ants of Georgetown were totally averse to the construc- tention as to the erection on piles, and the bridge was tion. They viewed it as a measure altogether destruc-carried away the subsequent session. tive to their commercial prosperity; and, as they had not After some further remarks between Messrs. THOMAS hitherto received any thing, by way of favor, from Con- and DODDRIDGE, the question on the amendment was gress, all they now asked at their hands was, that they taken, and carried in the affirmative-yeas 65, nays would not interpose, gratuitously, to adopt a measure which so affected their interests. As to the contemplated ment going to require from the company security that the Mr. BATES, of Maine, thereupon moved an amendimprovement in the bridge, suggested by the honora-mails should be carried across the river free of expense, in ble gentleman from Virginia, he feared it was altogether case the bridge should from any cause become impassable.

61.