SENATE.] Turkish Commission. [FEB. 24, 1831. In an vincial towns, offered a safe asylum to the unfortunate case of these commissioners; and such never was the case Swedish monarch, when flying from the disastrous field of any Secretary of State. of Pultowa; and Turkish faith and Turkish power would I have to notice but a single other argument of the Senever permit that asylum to be violated. Deprived since nator from Louisiana. He tells us that this was not a new of some of its domain by the Russian arms, it neverthe- mission, for it had been previously established by the last less still ranks as one among the principal Powers of the President in the appointments of Messrs. Crane and world, having been always recognised and always re- Offley, made by him in like manner, and for the same spected as an independent and great nation by every purposes with the present. Sir, from this day forward, State in christendom. It does not seem very becoming let us not repeat the phrase and promise of "reforming in us, almost the youngest of the great family of nations, the abuses which had crept into this Government." It is to wish to degrade this ancient and powerful sovereignty, high time we should drop it, when honorable Senators not less remarkable for the proud simplicity, than for the think they justify a violation of the constitution by the strict honor and fidelity of its character, (and this, too, present Executive, by regarding it as a mere continuation at the moment when we have just concluded our first of the usurped authority of his predecessor. The questreaty with it,) by comparing it with its own tributary tion we have to decide is, whether the constitution audependents, whose piratical pursuits, and open contempt thorizes the President to create a new office, without the of all the usages of civilized States, have ever prevented advice and consent of the Senate, by instituting a mission every Power from recognising any of them as an equal to a nation with which we never before had established sovereignty, or trusting among them any other repre- any political connexion or diplomatic relation. sentative than an humble consul. As well might we com-swering this question, it is gravely said that the present pare the Russian Government with some wretched band President has not done so, because such a mission was seof Esquimaux, or horde of fierce Tartars, dwelling within cretly and ineffectually attempted to be established by his its limits; or the Government of the United States with predecessor; and this secret and vain effort to strip the the Cherokee nation, or the tribe of Winnebagoes, Senate of their highest privilege at that time, sanctifies dwelling within ours. and justifies the actual deed afterwards done. It is strange, too, that this assertion should be hazarded ter would it be to say at once, that because President now, when it is proposed by the very amendment before Adams publicly proclaimed in the Panama message that us to appropriate a sum of money for the new mission to such a power was "within the constitutional competency the Sublime Porte, which sum far exceeds in amount the of the Executive," therefore it must be so. But as this aggregate of all the sums proposed to be appropriated argument would scarcely find favor any where now, it is for our missions to Russia, to France, and to Great Bri- deemed better to rely upon the secret and ineffectual attain. To justify this appropriation, a list of the foreign tempt, rather than upon the open and avowed opinion of ministers of the different nations of Europe, now accre- this President. When President Adams publicly an dited at the Turkish court, is sent to us, which list pre-nounced this opinion, its correctness was as publicly desents a diplomatic corps that, in rank, in the number of nied and controverted here; and surely his hidden acts, States represented, and in the compensation granted to which could not be censured, because they were not these ministers, far exceeds any such corps assembled at known, are even of less weight as authority than his deany other court in the world! Yet, sir, that nation, at clared opinions. What may be the weight and authority whose court princes or noblemen of high rank have not of his opinions upon this subject now, I know not, but I felt degraded to appear as ministers, and whose sovereigns well know how they were regarded by some formerly; intend to honor them by such appointments, is in the and at the very time, too, when this act of his was secretly Senate of the United States to be sunk to the level of done. My opinions upon this subject then coincided with its own tributaries, to whose castles none other than a those entertained by others to whom I have alluded, and consul has ever been sent, and this for the most obvious mine certainly have undergone no change since. reasons. Much bet Mr. LIVINGSTON again rose. Both the Senators from The case of treaties concluded here by a Secretary of Virginia, said Mr. L., have thought it extraordinary that State, the Senate must at once perceive, touches not the any observations should have been made on the terms in question I have presented. No one can doubt that he is which it was deemed proper to stigmatize the conduct of an officer of the United States, who being charged by the the President of the United States, and by anticipation law of his creation with the superintendence of all the that of those who should support him-terms which they foreign relations of the country, may very properly be in- say the occasion justified, and which the frank, indepenstructed by the President to negotiate a treaty here. In dent discharge of duty required. They are inspired, they his case, the power given to him has no other effect than say, by the genial warmth of their Southern sun, and acto charge the old office with a new and very proper duty. customed by the habits of their country to call things by It creates no new office in him, as we all know; for their names; and when they see usurpation, they must call although we have heard of pay for constructive journeys it by that name. And the gentleman who last addressed never performed, yet even the persons who thought them- you [Mr. TAZEWELL] has requested me to furnish him selves entitled to such compensation, have never presumed with a courtly phrase (so I think he called it) that should to ask for constructive "outfit and salary" for the per-express his idea without offence. Far be it from me! formance of this new duty merely. It would be absurd, Far from me the presumption of endeavoring to restrain too, to say that the full power given to the Secretary of the noble spirit of independent zeal that animates those State to negotiate a treaty here, could entitle him to any who make the accusation, fostered as it is by the influence of the privileges and immunities accorded by the public of climate, and strengthened by habits of freedom of speech. law to such as are sent abroad with such a power. It is Far from me the vanity of thinking that any phrase that I this, at last, that constitutes the true test whereby to as- could offer would be so acceptable as those which the certain whether the agent appointed to negotiate a treaty Senator's duty required, and his sense of propriety has is an officer of the United States, in virtue of such an ap- sanctioned. I am as little conversant with courts as either pointment. For as the immunities conceded by the pub- of the Senators. I, too, am a republican; I, too, though lic law are official privileges merely, he who acquires none not born under a Southern sun, am in the habit of boldly such in virtue of his appointment to negotiate a treaty, is expressing my thoughts; and when I hear charges of the not thereby made an officer. But wheresoever the ap- most serious nature that can be made, expressed in the pointment is designed to draw after it pay at home, and most unqualified language, and I think those charges unimmunity abroad, then it creates office. Now such is the founded, I must take the liberty to say so. Yes, sir, and FEB. 24, 1831.] Turkish Commission. [SENATE. the more unacceptable liberty of proving it, as I trust I perform that duty, would not they, notwithstanding the have done. Though words are things, they are not the law, have a right to reject him? The law cannot control words of the accusation that I blame; it is the groundless the constitution. The office of Secretary is created by accusation itself. It is the intolerant denunciation of all the law of Congress-that of minister, by the law of nawho cannot see unconstitutionality or usurpation in the tions. The appointment of one is regulated by law-that acts complained of. I said, sir, that the objections now of the other, by the constitution: therefore, no law can raised were new; that for the first time this charge had control the powers of the President or the Senate; and been made against a practice and a construction that was the Secretary cannot be a minister, but by virtue of a as old as the Government itself. This is denied; and the special appointment. That special appointment has been debates on the Panama mission are referred to. Sir, I an-uniformly given by the President, without, in a single inticipated this objection, and have shown that the objec-stance, submitting it to the Senate; and the unquestioned tions then were two, to the nature of the mission to take practice proves that temporary appointments of commispart in the debates of a deliberative assembly; and to an sioners may rightfully be made without nominating them appointment of a public minister on a new mission without to the Senate. It has been uniformly done in negotiations consulting the Senate: and I am warranted in repeating at home, and, if I understand both gentlemen, rightfully that the present accusation proceeds from a new light, done; but, without the slightest reason for the distinction, that never before shone on the mind of any of our prede- they say it cannot be done abroad. But when I take the cessors; but, admit the Panama debate to be an exception, laboring oar, and show the same uniform practice in misit is but as of yesterday, compared with the sanctions of the sions abroad, how is it repelled? contrary practice. First, in case of plenipotentiaries to treat of peace. My construction of the constitution, as to the power of This is ushered in by an encomium from the Senator who appointing in the recess, is discarded with the single obser- last addressed you on the diplomatic law of nations, and vation, that it is bottomed on an assumed transposition he lauds it particularly for a character which I never be of words in the clause. Not so. It stands on stronger fore heard attributed to it-its great certainty and precigrounds. The evident intent of the framers of the sion. I had thought that, on the contrary, there was constitution-the cotemporaneous exposition; the unin- much contrariety of opinions as to many of its provisions; terrupted and unquestioned practice. The force of that that, as it was made up of usages, treaties, and the changpractice, in its several divisions, has been attempted to being opinions of writers, it was not only uncertain from weakened: 1. As to the treaties made by the Secretary its nature, but that the principles most generally acknowof State, by saying, as is most undoubtedly true, but ledged were undergoing a daily change, with the advanceis most fatal to their argument, that they were made ment of civilization, and the new political arrangements under the powers which the President has to make trea- of the world. I thought so-but this was owing to my ties. Sir, that is the very power to which we refer to ignorance, for the Senator tells you that although it may justify the appointment of the commissioners. Ay, but appear to be the case to superficial observers, the order say the gentlemen, he may appoint the Secretary of State, and beauty, and, above all, the certainty of the system, but not commissioners. Why? Because he is Secretary open themselves to those who are proficients in the sciof State; and they are commissioners. This may be a ence. I am not advanced to this degree of perfection; satisfactory argument to those who use it; but I must be the Senator is; and to what truths in the system is this enpermitted to think and to say, that it appears rather incon- comium the prologue? What are the certain maxims he clusive. The Secretary of State has the management, has found applicable to the present case, in the precise ex officio, of our foreign negotiations, under the direction pages of this law? First, a confirmation of his former of the President; but without that direction, in the form assertion, that plenipotentiaries to treat of peace were but of a plenipotentiary commission, he has no right to make officers sent to regulate the terms of an armistice; and that a treaty. Such a commission is always delivered to him when the President sends such ministers, he does it as comwhen he is directed to enter into or negotiate any commander-in-chief of the army; that the treaty-making power pact with a foreign minister. It is made out in form-and has nothing to do with it. Now, sir, I must say, that if from it he derives his sole authority-just as in the case of this be the best proof that can be furnished of the cerMr. Humphreys, which I quoted in the beginning of this tainty of the code of nations, it will fare ill with its repudebate. He was a minister plenipotentiary to Portugal; tation in this respect, for not a single treaty of peace, but a negotiation with Algiers was desired, and he was since wars first began, ever contained a stipulation authorized, by a new commission, as formal in all respects for an armistice. They are contradictory terms: an aras that by which he was appointed to Portugal-yet he mistice is a cessation of hostilities for a limited term; a was nominated to the Senate as minister to Portugal-but peace is a stipulation that they shall cease forever; an arnot to Algiers. Why? Because the first was a perma-mistice contemplates a continuance of the war; a peace nent, the last only a temporary appointment. Because, puts an end to it forever. Sometimes an armistice prein the first, he was a public minister-in the last, only a cedes a treaty of peace, and provides for a renewal of secret agent with full powers. Because the President hostilities, if the negotiation should fail; more frequently had a right to give what character he chose to his agents, the plenipotentiaries meet, according to the Senator's apand chose to call him in one a public minister, and nomi-posite phrase, flagrante bello, in some neutral territory, nate him as such; and, for satisfactory reasons made him and without any armistice the war is ended if they agree in the other, his mission to Algiers, a commissioner, with on the conditions of peace, or continues if the conference full powers, and did not nominate him. But, to put an is broken off. Look into all our treaties of peace; exend to all cavil, on the ground that the appointment of the amine those between other nations, and what do you find? Secretary of State as a plenipotentiary was not to be go- Settlements of boundary, provision for mutual claims, all verned by the same rules that apply to the appointment of the endless variety of arrangement to settle the disputes other persons, let us suppose the strong case of a law between nations. Who ever heard of these in an armisdeclaring that, in all treaties with foreign Powers made in tice? Who ever thought the power to make them should the United States, the Secretary of State should be the be arranged under the military rather than the civil head? person employed to make them; would the President's If the President had the power to conduct our wars only, constitutional right to make treaties and name agents to and another department, the Senate, for example, that of make them be affected by such a law? Could the Secre- making treaties, could any treaty of peace, such as we tary of State under it, without a special commission, make have made, have been concluded but by them? How any treaty? And if he were nominated to the Senate to comes it, too, if this doctrine be true, that all these trea SENATE.] Turkish Commission. [FEB. 24, 1831. ties are ratified by the Senate, if they are armistices only? that if the mission now under discussion had been sent to Because, though they have nothing to do with the Presi- Morocco, or Algiers, or Tunis, or Tripoli, nothing would dent's manner of making war, or interrupting hostilities, have been said against it. It was necessary, therefore, to he can make no treaty without their assent-because, in raise some distinction between two missions begun, confine, a treaty of peace (no offence to the certainty of tinued, and ended, precisely in the same way, that should diplomatic law) is a treaty, and not an armistice. make one a crime, the other a legal and proper measure. Another certain doctrine of this certain law which is to How is this done? By showing that the same rules which destroy my argument, is this: That, in a state of war, every govern a mission to Algiers, cannot apply to one sent to individual of one belligerent nation is in hostility to every the Ottoman Porte. Because, first, the Turkish is an anindividual of the other; that, in this situation of things, no cient Power; it was established, he says, before our exist minister of one nation could be sent to another; that his ence as a nation. If this were the correct rule for deterpersonal safety would be endangered from the first man mining whether a people were entitled to the privileges of he met; and it never yet was known, says the Senator, a civilized nation, it would be rather an unfortunate scale very emphatically, that a minister was sent by a Power at for us to establish. But be it the true one, how is the fact war to its enemy, flagrante bello, and therefore he con- as between the two Powers? The empire of Turkey was cludes that plenipotentiaries to treat of peace are not not established in Europe until the fifteenth century. Al ministers. If by this is meant ministers resident, no one giers was then an old Government. Soon after, it withever contended that they were; but they are what all the stood the power of Charles V, and defeated the powerful world calls them, ministers plenipotentiary, and it is con- army he sent to invade them. It is acknowledged in the ceded that they may be sent by the President alone, and argument, that a capture by one of their cruisers is conthat they have not been, and need not be, nominated to sidered by the courts of England as a change of property. the Senate before they are sent. As to the public law, They have fleets, armies, a regular revenue, an organized on this subject, having confessed my ignorance, I must and permanent, though despotic Government; how, with leave it to the Senate to decide whether this state of univer- all these attributes of sovereignty, can we call them savage sal and individual warfare is acknowledged by the modern hordes, with whom no regular intercourse of diplomacy can law of civilized nations, and whether, if even at times be kept up? Look, sir, into the treaties we have formed when it raged with the greatest ferocity, there were not with them. All the principles which the most civilized safe conducts known which would enable plenipotentia- nations have proclaimed, and which so few of them have ries to deliberate in an enemy's capital as securely as practised on, will be found to be included in them. they could in a neutral town. Leaving these points, as I But the States of Barbary are not treated by the Eurosaid, to be determined by those better qualified to decide pean Powers on the footing of other nations. They do them, I must take the liberty, however, to doubt the correct- not send them resident ministers. If they did not, I ness of the asserted fact that is adduced to support them. scarcely think this would be proof of the fact that they I have heard, strange as it may appear to the gentleman, were not considered as part of the family of nations. One I have heard of ministers sent to treat of peace in an ene- of the greatest Powers in Europe has not now, and never my's country during the existence of the war. I have has had, an agent here of a higher rank than consul. known some, and history is full of others. The war of our Nor have we treated him with more ceremony. Does this revolution, between England and France, was put an end prove that Austria and the United States do not consider to by a British minister, in the capital of the French king-each other as on a footing with other nations? But, sir, dom. The peace of 1801, between the same Powers, the fact is not quite correct. We have had, and now was concluded at Amiens, and Amiens is in France. One have, ministers resident with these Powers. They have treaty of peace with Algiers was concluded in that city, only the title of consuls, but have the powers of ministers; the capital of our enemy, by a commissioner appointed with exactly the same formalities that Rhind, Offley, and Biddle were; and the other by an Algerine minister on board of one of our ships of war, representing the territory of the United States; in short, so many are exceptions to the rule, if rule it may be called, that, if it is one, it has been most wofully disregarded in practice. and greater powers than are exercised by ministers in any country in Europe. They have exclusive criminal and civil jurisdiction over their countrymen. What other difference between Algiers and Constantinople? In Algiers, they follow the law of Mahomet, so they do at Constantinople. When the Dey is in a passion, he cuts down the consul's flag staff. In Constantinople, the Sultan does But the volume of treaties with the Barbary Powers; worse; he shuts up the minister in the Seven Towers. the long list of plenipotentiary commissioners who have The Algerine sends no resident ministers to other Powers; been, like Rhind, Offley, and Biddle, sent to negotiate neither does the Turk. They both wear turbans; shut them, and who have none of them been nominated to the up their wives; and have the same contempt for christian Senate! What is to be done with them? They must be dogs. Why, with all these points of similitude, and none disposed of before we can make way for the fierce denun- of difference, except in extent of territory and power, ciation against the President. How is this to be effected? should there be any in conducting our intercourse with Nothing easier. Deny their existence as nations; call them, which will justify us in characterizing that to be a them hordes of barbarians, and the business is done. high crime, in our intercourse with the one, which towards They are, says the gentleman, like the Indian tribes, who the other is a correct course of conduct? This is a question are now under our protection, and our tributaries. An which gentleman can answer, no doubt, with perfect satis unfortunate assimilation! for there are many honorable faction to their own minds, and, perhaps, (but of that I members of this body, who think that those tribes are in- must be permitted to doubt,) with that of the nation. dependent nations, and that all stipulations with them are treaties, in the diplomatic sense of the word. The word Martens, page 27, says: Although consuls are under the special tributary, too, brings with it degrading recollections; for protection of the law of nations, and may be considered in a general view as diplomatic agents of the State which names them, yet they it so happens that it is only a few years since these very cannot be classed as public ministers, even of the third order, because people, to whom the title of nation is denied, were power- which are sent to the Barbary Powers, and to the ports of the Levant they are not provided with letters of credence, &e. Those, however, ful enough to have exacted from us an annual tribute, and form an exception, and are the only consuls that are acer dited and not only from us, but from all the nations whose ships na-general, named by some Power, either for several places at the same treated as ministers, the greater part of them, and especially consuls vigated the Mediterranean. This way of meeting the time, or at the head of subordinate consuls, enjoy in some particulars objection seems to concede that the course which I have greater prerogatives than those sent to the ports of Europe. Pag shown to have been pursued with respect to the Barbary He classes this grade of consuls above charge d'affaires, who are named to courts where it is not desired or permitted to send a higher grade ul Powers, was right and constitutional as regarded them; and ministers. FEB. 25, 1831.] Powers of Congress to lay and collect duties. [SENATE. In repelling these accusations so unexpectedly made, ought to be abolished, according to the agreement of the so vehemently urged, I must not be considered as the parties at the establishment of the present Federal Goauthorized advocate of the First Magistrate. I do not vernment, and in conformity to the present actual condition pretend to know, as other gentlemen have intimated they and interest of the States. know, by whose counsel this measure was adopted, or 4. That an abolition of twelve millions of duties will be whether recourse was had to any counsel but that of his a relief to the people of from about sixteen millions of own sound, unbiassed understanding. Not being my taxes, (estimating the retail merchants' advance upon the self his political adviser, I have no parental feelings of af- duties at one-third,) and that the said abolition may be fection for any of his measures to mislead my judgment. made without diminishing the protection due to any By its dictates alone I shall approve or condemn. But, essential branch or pursuit of domestic industry, and with sir, he had advisers. Washington and the Adamses, Jef- manifest advantage to most of them. ferson, and Madison, and Monroe, were his counsellors; and the advice of such a cabinet no Chief Magistrate need hesitate to take as his guide. Sir, I repeat, I am not the official advocate, or the political adviser, of the President; but I am, and I am proud of the title, his personal friend; and, in this capacity, I reject for him, as I know he would indignantly do for himself, the excuse that is offered for his intentions, at the expense of his understanding and independence. 5. That, for the purpose of enabling Congress to determine with entire safety to every interest, and with full satisfaction to the public mind, what branches and pursuits of domestic industry may be entitled to protection, and ought to be guarded from the injurious effects of foreign competition, a joint committee of the Senate and House of Representatives ought to be appointed to take the examinations of practical men (producers, consumers, and importers) in all doubtful cases, and to report their I was somewhat surprised to hear the distinction drawn evidence to the two Houses of Congress. between the measures of the President and those of what 6. That the said committee ought to be appointed at is improperly called his cabinet-a body entirely unknown the commencement of the next stated session. to the constitution. Adopt this system of shifting respon- 7. That the power to regulate foreign commerce was sibility, and hereafter it will be used, not for the purpose granted to Congress by the States, for the express and for which it now seems to be introduced--that of eulo- sole purpose of enabling Congress to obtain and secure gizing certain heads of departments, and throwing the favorable markets abroad for the exports of the States, odium of imputed bad counsel upon others-but for the and favorable terms for the admission of their ships; and more dangerous purpose of shielding the First Magistrate to effect these objects by establishing an equitable system from the responsibility which the constitution has thrown of commercial reciprocity, discrimination, and relation, upon him, and him alone. And it seems strange that it which should measure back to every foreign nation the did not occur to the honorable gentlemen who drew the same degree of favor, or disfavor, which itself measured distinction, that the establishment of this doctrine would out to the commerce and navigation of the United States. be a more serious blow to the constitution, which they so earnestly and sincerely defend, than that which (if even their charges were well founded) they deprecate. Be the distinction offered for what purpose it may, the present Chief Magistrate is not the man to introduce or avail himself of it. His measures are his own; the excuse is not required nor accepted by him, nor is it made for him by his friends. On motion of Mr. FORSYTH, the Senate adjourned. FRIDAY, FEBRUARY 25. Mr. BENTON laid on the table the following resolu tion: Resolved, That the powers conferred on Congress by the States to lay and collect duties, and to regulate commerce, are distinct and incontrovertible powers, aiming at different objects, and requiring different forms of legislative action; the levying power being confined to imports, and chiefly intended to raise revenue; the regulating power being directed to exports, and solely intended to procure favorable terms for the admission of the ships and products of the States. 8. That the power to regulate foreign commerce, although one of the first of the enumerated powers of the constitution, and the enduring cause of its adoption, has never yet been exercised by Congress. 9. That the approaching extinction of the public debt, and consequent obligation to abolish, and advantage in abolishing, about twelve millions of annual revenue, will enable the United States to receive a large portion of her foreign commerce, say the one-half thereof, free of duty; and that the fair principles of a just reciprocity, the dictates of obvious policy, justice to the States, and the constitutional duty of the Federal Government, already too long deferred, will require this Government to demand equivalents from all nations which may wish to be admitted to a participation in the enjoyment of this great amount of free and unrestricted trade. 10. That the free importation of the following articles (among others) may be admitted into the United States without compromising the prosperity of any branch or pursuit of domestic industry, and with manifest advantage to most of them, namely: linens, silks, wines, coffee, cocoa, worsted stuff goods, several descriptions of woollens, several qualities of fine cottons, several kinds of spirits, &c. &c. 2. That the power to lay and collect duties on imports was solicited by the founders of the present Federal 11. That the free importation of the said articles ought Government, and granted by the States, for the express to be offered to all nations which shall grant equivalent purpose of paying the public debt, and with the solemn advantages to the commerce and navigation of the United and reiterated assurance that the duties levied for that States, and will receive the products of their industry, purpose should cease the moment the debt was paid- namely: fish, furs, lumber, naval stores, beef, bacon, which assurance was given in answer to objections from pork, grain, flour, rice, cotton, tobacco, live stock, manuthe States, and to quiet the apprehensions expressed by factures of cotton, leather, wool, and silk, butter and some of them, that the grant of power to Congress to raise cheese, soap and candles, hats, glass, and gunpowder, revenue from the commerce of the States, without limit- lead, shot, and sugar, spirits made of grain and molasses, ation of time or quantity, and without accountability to &c. &c., or some adequate proportion thereof, either free them for its expenditure, might render Congress inde- of duty, or upon payment of moderate and reasonable pendent of the States, and endanger their liberties and duties, to be agreed upon in treaties, and to continue for a prosperity. term of years, and to no other nations whatever. 3. That the public debt will (probably) be paid off in 12. That there is nothing in existing treaty stipulations the year 1834, and the amount of about twelve millions of with foreign Powers to prevent the regulation of our dollars of revenue will then be subject to abolition, and commerce upon the foregoing principles. SENATE.] National Road in Ohio. [FEB. 25, 1831. 13. That all commercial nations will find it to their was confident that it was less than a tenth of the value of advantage to regulate their commerce with the United the advantage to be derived by the persons who were to States on these principles, as, in doing so, they will sub-pay it. He disclaimed all idea, or desire, on the part of stitute a fair and liberal trade for a trade of vexations, Ohio, to derive a revenue from this source. They did not oppressions, restrictions, and smuggling; will obtain pro- contemplate such a result, nor did they wish it. If the visions for subsistence, and materials for manufactures, on road could be preserved without a tax on them, or on the cheaper terms and more abundantly; will promote their General Government, they would prefer to have it remain own exports; will increase their revenue, by increasing as it is now, free and unencumbered with toll gates; but, consumption and diminishing smuggling; and, in refusing said he, that is impossible; the road cannot be preserved to do so, will draw great injury upon themselves in the without constant repairs, which necessarily require a conloss which will ensue of several great branches of their stant supply of money. That Ohio contemplated nothing trade with the United States. more than the preservation of the road, was evident from 14. That the agriculture, manufactures, commerce, the fact that the whole amount of money collected was to and navigation of the United States would be greatly be paid into the State treasury-kept in a separate fund, benefited by regulating foreign trade on the foregoing and applied exclusively to the repair and preservation of principles: first, by getting rid of oppressive duties upon the road, and that no more money was to be collected, the staple productions of the United States in foreign than would be required for that purpose. Mr. B. said markets; secondly, by lowering at home the price of that care had been taken, in draughting the law, to secure many articles of comfort or necessity, imported from the rights of the United States, as well as those of the abroad. separate States, by a provision that the mail should pass 15. That the safest and most satisfactory mode of free; that all persons in the service or employ of the regulating foreign commerce on these principles would United States, or either of them, and all property belongbe by combining the action of the legislative and treaty- ing to the United States, or either of them, should be making powers, Congress fixing, by law or joint resolution, the articles on which duties may be abolished, and the Executive negotiating with foreign nations for the grant of equivalents. 16. That, to be in readiness to carry this system of regulating foreign commerce into effect at the extinction of the public debt, it will be necessary for Congress to designate the articles for abolition of duty at the next stated session. NATIONAL ROAD IN OHIO. On motion of Mr. BURNET, the orders were postponed for the purpose of taking up the bill declaring the assent of Congress to an act of the General Assembly of the State of Ohio. exempt from the payment of toll. Such being the cha racter and object of the bill, he did not anticipate an objection that he believed could reasonably be urged against it. It did not, he said, affirm any principles, or profess to settle any question of right; it was a naked declaration, on the part of Congress, of their willingness that Ohio should execute the law she had passed. He was aware that some members of Congress believed that the State possessed that power already, but many others were of a different opinion; and it was manifest that Ohio thought differently, otherwise she would not have passed the law in question. Be this as it may, said Mr. B., I feel confident that every Senator present, whatever may be his opinion on the delicate question of internal improve ment, can vote for this bill without committing himself, on Mr. BURNET said he would occupy but a few minutes any principle connected with that question, because it of the time of the Senate in explaining the bill. Its involves no principle of that character. It will leave the object, he said, was nothing more than to give the consent questions of constitutional power and constitutional right of Congress to an act of the State of Ohio, for the pre- where they now stand, to be adjusted and settled as would servation and repair of so much of the national road as be the case had this law never been thought of. If, as lies within the limits of that State. That the law to which he believed, the provisions of the bill were unobjectionthe assent of Congress was asked, provided for the collec-able, on the score of principle, he was very certain they tion of a moderate toll, to be expended in repairs. It were calculated to secure a highly important object, as also provided for the punishment of persons detected in would be verified by the experiment, should the bill the perpetration of malicious mischief injurious to the under consideration pass. It would prevent future appliroad. He said that it was generally understood and be- cations to Congress for appropriations of money from the lieved in Ohio, that the jurisdiction of this road was ex- national treasury to repair the road. As yet no such clusively vested in the United States; that the General application had been made for the part of the road within Assembly had no power to legislate on the subject without the State of Ohio, because it had not become necessary; the consent of Congress. It was well known, he remark- and he would venture an assurance that such an applica ed, that the road would soon become entirely useless, if tion should not be made if Congress passed this bill. an arrangement were not made, without delay, for the Ohio would relieve the United States from the tax and purpose of keeping it in repair; that, as the road had the labor of preserving her portion of the road. With been constructed by Congress, at a great expense, it was the means which this law would put in her power, she unreasonable to rely on them for yearly appropriations of would guaranty the accomplishment of the object without money from the national treasury, to keep it in a state further trouble to the United States, and certainly without of preservation; that the road, being once completed, further expense to their treasury. He believed that the ought to sustain itself without imposing a further burden plan proposed by the State of Ohio was the best, if not on the national treasury; that this description of internal the only one, by which the road could be kept in repair improvement could not be carried to any great extent, if for any length of time, as it was evident that Congress every new construction, when completed, was to be fol- would soon become weary of making yearly appropriations lowed by a new annual charge on the treasury of the for that purpose; and that whenever these appropriations nation. Such, he said, was the impression of the Legis- should be required, there being no substitute provided, lature of Ohio, and on that view of the subject, and for the road would go to ruin, and the money already expendthe purposes already mentioned, they had passed the law ed would be lost to the nation. recited in the bill under consideration. He thought it Mr. HAYNE said he was in favor of the object of the would be found, on a careful examination of the law, that bill. He should be glad to see the principle carried out, its provisions were just and reasonable. The toll proposed and the United States wholly relieved from the care and to be charged was unusually low; much less than is com- preservation of this road. He thought, however, that monly charged on other roads of a similar character-he the bill stopped short in one important particular, and that |