IN THE SENATE OF THE UNITED STATES, FEBRUARY 11, 1835.

[THE Cumberland road is a national work, constructed under the

authority of congress, commencing at Cumberland on the Potomac

river in the state of Maryland, and extending west to the Ohio

river at Wheeling; from whence it is to be continued, under the

name of the national road, through Ohio, Indiana, Illinois, and

Missouri, to Jefferson, the capital of the latter state. At the

time when the compact with the state of Ohio was made by the

United States, this road had become absolutely necessary for

the purpose of securing an intercourse between the west and the

east side of the Alleghany mountains. The first step to effect

this, was taken in 1802, when Mr. Jefferson was president. Its

completion to the Ohio river, was in a great measure owing to

the exertions of Mr. Clay in the cause of internal improvement,

at various periods during his congressional career. After the

road had been made to Columbus, in the state of Ohio, the Ohio

section had been given to and accepted by that state. At the

session of congress in 1834, an appropriation of three hundred

thousand dollars had been made for repairing the road, and on

the present occasion a further sum of three hundred and forty

thousand dollars was proposed for the purpose of putting the

work in good condition, previously to its being surrendered

to the states through which it passes. The bill to effect this

object passed the senate by a vote of thirty-two to nine, after

considerable discussion; Mr. Clay giving his views as follows.]

MR. CLAY remarked, that he would not have said a word then, but for the

introduction in this discussion of collateral matters, not immediately

connected with it. He meant to vote for the appropriation contained

in the bill, and he should do so with pleasure, because, under all

the circumstances of the case, he felt himself called upon by a sense

of imperative necessity to yield his assent to the appropriation. The

road would be abandoned, and all the expenditures which had heretofore

been made upon it would have been entirely thrown away, unless they

now succeeded in obtaining an appropriation to put the road in a state

of repair. Now, he did not concur with the gentleman, (Mr. Ewing,)

that Ohio could, as a matter of strict right, demand of the government

to keep this road in repair. And why so? Because, by the terms of the

compact, under the operation of which the road was made, there was

a restricted and defined fund, set apart in order to accomplish that

object. And that fund measured the obligation of the government. It had

been, however, long since exhausted. There was no obligation, then, on

the part of the government, to keep the road in repair. But he was free

to admit, that considerations of policy would prompt it to adopt that

course, in order that an opportunity should be presented to the states

to take it into their own hands.

The honorable senator from Pennsylvania felicitated himself on having,

at a very early epoch, discovered the unconstitutionality of the

general government’s erecting toll-gates upon this road, and he voted

against the first measure to carry that object into execution. He (Mr.

Clay) must say, that, for himself, he thought the general government

had a right to adopt that course which it deemed necessary for the

preservation of a road which was made under its own authority. And as

a legitimate consequence from the power of making a road, was derived

the power of making an improvement on it. That was established; and,

on that point he was sure the honorable gentleman did not differ from

those who were in favor of establishing toll-gates at the period to

which he had alluded. He would repeat, that, if the power to make a

road were conceded, it followed, as a legitimate consequence from that

power, that the general government had a right to preserve it. And, if

the right to do so, there was no mode of preservation more fitting and

suitable, than that which resulted from a moderate toll for keeping up

the road, and thus continuing it for all time to come.

The opinion held by the honorable senator, at the period to which he

had adverted, was not the general opinion. He would well remember that

the power which he, (Mr. Clay,) contended, did exist, was sustained

in the other branch of the legislature by large majorities. And, in

that senate, if he was not mistaken, there were but nine dissentients

from the existence of it. If his recollection deceived him not, he had

the pleasure of concurring with the distinguished individual who now

presided over the deliberations of that body. He thought that he, (the

vice-president,) in common with the majority of the senate and house

of representatives, coincided in the belief, that a road, constructed

under the orders of the general government, ought to be preserved by

the authority which brought it into being. Now, that was his, (Mr.

Clay’s,) opinion still. He was not one of those who, on this or any

other great national subject, had changed his opinion in consequence of

being wrought upon by various conflicting circumstances.

With regard to the general power of making internal improvements, as

far as it existed in the opinions he had frequently expressed in both

houses, his opinion was unaltered. But with respect to the expediency

of exercising that power, at any period, it must depend upon the

circumstances of the times. And, in his opinion, the power was to be

found in the constitution. This belief he had always entertained, and

it remained unshaken. He could not coincide in the opinion expressed by

the honorable senator from Pennsylvania and the honorable senator from

Massachusetts, in regard to the disposition that was to be made of this

road.

What, he would ask, had been stated on all hands? That the Cumberland

road was a great national object, in which all the people of the United

States were interested and concerned; that we are interested in our

corporate capacity, on account of the stake we possessed in the public

domain, and that we were consequently benefited by that road; that the

people of the west were interested in it, as a common thoroughfare to

all places from one side of the country to the other. Now, what was the

principle of the arrangement that had been entered into? It was this

common object, this national object, this object in which the people

of this country were interested; its care, its preservation, was to be

confided to different states, having no special motive or interest in

its preservation; and, therefore, not responsible for the consequences

that might result. The people of Kentucky and Indiana, and of the

states west of those states, as well as the people living on the

eastern side of the mountains, were all interested in the use and

occupation of this road, which, instead of being retained and kept

under the control of that common government in which all had a share,

their interest in it was to be confided to the local jurisdictions

through which the road passed; and thus the states, generally, were to

depend upon the manner in which they should perform their duties; upon

those having no sympathy with them, having no regard for their interest,

but left to do as they chose in regard to the preservation of this road.

He would say that the principle was fundamentally wrong. He protested

against it; had done from the first, and did so again now. It was a

great national object, and they might as well give the care of the mint

to Pennsylvania, the protection of the breakwater, or of the public

vessels in New York, Baltimore, and Philadelphia, to the respective

legislatures of the states in which that property was situated, as give

the care of a great national road, in which the whole people of the

United States were concerned, to the care of a few states which were

acknowledged to have no particular interest in it――states having so

little interest in that great work, that they would not repair it when

offered to their hands.

But, he said, he would vote for this appropriation; he was compelled to

vote for it by the force of circumstances over which he had no control.

He had seen, in reference to internal improvements, and other measures

of a national character, not individuals, merely, but whole masses,

entire communities, prostrating their own settled opinions, to which

they had conformed for half a century, wheel to the right or the left,

march this way or that, according as they saw high authority for it.

And he saw that there was no way of preserving this great object, which

afforded such vast facilities to the western states, no other mode of

preserving it, but by a reluctant acquiescence in a course of policy,

which _all_, at least, had not contributed to produce, but which was

formed to operate on the country, and from which there lay no appeal.

Mr. Clay, in conclusion, again reiterated that he should vote for the

appropriation in this bill, although very reluctantly, and with the

protest, that the road in question, being the common property of the

whole nation, and under the guardianship of the general government,

ought not to be treacherously parted from by it, and put into the hands

of the local governments, who felt no interest in the matter.

A Biography of Henry Clay, the Senator from Kentucky Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq. · 第 164 / 250 题