The House taking the subject into consideration--

Mr. J. RANDOLPH observed that the Constitution of the United States was

a grant of limited powers for general objects, which Congress had no

right to exceed, although they might think the powers too limited. This

position he considered as of primary importance. Its leading feature was

an abhorrence of exclusive privileges; it might be called the key to that

instrument; every thing which rose up in the shape of privilege, was

repressed in a peculiar manner, whether it related to orders or classes

of men. Whenever they have touched the doctrine of privilege, the framers

of that instrument, and the people of the United States adopting it, have

been careful that nothing should be got by inference, or construction;

the privileges of this House even have been precisely defined, and

nothing is left for its extension, whatever may be the wishes or

disposition of its members. The principle that this constitution is

but a limited grant of power occurs, if not directly, yet frequently

and effectually, so that it cannot be mistaken. On the privilege asked

for, to permit colleges and universities to import their books free of

impost, we refer to the eighth section of the first article, where it

is declared that Congress shall have power to levy and collect taxes,

duties, imposts and excises; but all duties, imposts and excises, shall

be uniform throughout the United States. The impost shall be uniform. It

is a lamentable fact, but nevertheless it is a fact, and cannot be too

much dwelt and insisted upon, nor too well known, that the ambiguity of

language gives our constitution that character which leaves it in the

power of civilians to say it means any thing or nothing. Whatever may

have been said on other points, I think in this instance the language is

so definite that it cannot possibly be mistaken. They shall be uniform,

that is to say, there shall be but one quantum, one mode of collecting,

and one manner; there shall not be two measures to mete with. If Congress

undertake to exempt one class of people from the payment of the impost,

they may exempt others also. If they begin with colleges and universities

for the advancement of learning, surely they may go on to exempt the

clergy and congregation for the advancement of religion; they may exempt

their own members. Indeed, it cannot be seen where they are to stop,

having once overleaped the constitutional barrier and entered on the wide

field of privilege. The duties must be uniform! Nobody can be exempted:

the President, if he chooses to import books, must pay the duty as well

as any private citizen. In this country we have no privileged class,

all must fare alike, every man must bend to the law, and the tax must be

uniform whether on land or books.

Mr. FINDLAY observed, that in addition to the constitutional objections

urged, he had others on the ground of expediency. The country colleges

and seminaries whose funds were small, had seldom or never an opportunity

of importing books; they were happy to receive them in the country

as donations, or by cheap editions; they would therefore receive no

corresponding accommodation, and yet they were more useful and their

use more universally felt than those called higher institutions, which

claim to be exempted from paying impost. There are only a few of the

well-endowed academies that can afford to procure foreign books, and when

they have them, their circulation is extremely confined; to say nothing

more, these reasons would engage me to support the resolution.

Mr. R. GRISWOLD.--The gentleman from Virginia (Mr. RANDOLPH) must have

misunderstood me when he supposed I objected to the report because the

committee had assigned no reason for the resolution: I mentioned the

circumstance merely to show that we ought not then to decide. With

respect to the constitutional objection he has set up, I acknowledge

it is new to me. Such an inquiry may be of great weight, but it does

not appear so to me. The paragraph quoted from the eighth section of

the first article, “that Congress shall have power to levy and collect

taxes,” has never struck me in the way it has that gentleman. The words

are, “levy and collect taxes, duties, imposts, and excises;” but it drops

the word _taxes_, it being settled in another part of the constitution,

and declares that duties, imposts, and excises shall be uniform. The

one speaks of direct taxes, the other of indirect--meaning that if an

indirect tax is laid, it shall be uniform. No one State is to have an

excise laid upon its inhabitants unless it extends to the citizens of

every other: one part is not to be excised and another excused. This has

always been the construction of that section of the constitution till

the present moment, and I think it the true one. It is now said that

Congress can only promote science and literature in one way. Why, have

not Congress made grants of lands to promote those objects in the Western

country? They have. I believe the power of Congress adequate to promote

literature in the way applied for; and it has been frequently the case

that, even after duties have been paid into the Treasury upon the uniform

system, yet individuals have had those duties returned. I do not want to

detain the House; but I am well persuaded that the constitution forms no

impediment, and the expediency must be apparent.

Mr. J. CLAY said he was one of the committee, and had agreed to the

report. Since reasons had been called for, he would in a few words assign

those which influenced him. The gentleman from Connecticut (Mr. DANA)

mistakes in thinking that a denial to exempt books from impost is a tax

on literary institutions, and therefore not uniform, as the constitution

requires all imposts should be; but he did not make his stand on the

ground of the constitution--he rested the question upon its expediency.

Giving literary institutions the privilege of exemption from imposts

would open a wide door for fraud: we should soon have them importing

books for sale duty free, rivalling the booksellers, who are subjected

to the payment of impost, and vending them in every street and avenue of

the nation. But why privilege colleges and universities to accommodate

the rich; for we may believe that the rich, and the children of the rich,

are the only persons who have access to these collections? The poor have

little leisure and less opportunity to improve the advantage which even

_neighborhood_ would give them to peruse works of the kind alluded to;

and sure it would be thought unjust to tax their pittance of imported

articles, in order to enable gentlemen to read the classic authors, or

the sublime and beautiful of the modern writers.

Mr. FINDLAY spoke of colleges, not of universities. We have three

in Pennsylvania--one of them, to be sure, has also the title of

university--but two of them have not funds to import books on their own

account. It is only rich institutions that have this advantage: the

poorer class of seminaries buy of booksellers, and pay them the impost as

well as their retail profit. Indeed, this remission of duties will rather

tend to create disgust than give satisfaction; and those seminaries which

have large collections of books would be induced to sell them at their

present price in order to procure new ones cheaper, as they have had to

pay the duty on the former, but would have none to pay upon those they

should hereafter import.

The question being called for, it was put on agreeing to the report of

the Committee of the Whole, that it is inexpedient to remit the duty on

books, and carried in the affirmative--seventy-nine members voting in the

affirmative.

The House then adjourned.

WEDNESDAY, November 28.

_Potomac River._

The House resolved itself into a Committee of the Whole on the bill

authorizing the corporation of Georgetown to make a dam or causeway from

Mason’s Island to the western shore of the river Potomac.

Mr. MACON (Speaker) moved to strike out the first section of the bill,

with a view of trying its merits.

Mr. J. RANDOLPH seconded the motion of his respectable friend, (the

Speaker.) The river Potomac was the joint property of the States of

Maryland and Virginia under compact between those States. This property,

at least on the part of Virginia, had never been relinquished. Congress,

in his conception, had no right to pass the law in question; but if they

had, there was another objection. The corporation of Georgetown were

empowered to lay a tax which would be unequal and oppressive, since the

property on which it was to be levied would not be equally benefited by

deepening the harbor, supposing that effect to be accomplished. He hoped

a prompt rejection of the bill would serve as a general notice to the

inhabitants of the District to desist from their daily and frivolous

applications to Congress, to the great obstruction of the public business.

Mr. SMILIE understood there was a rival interest between the towns of

Alexandria and Georgetown, and as this rivalry had been exhibited on many

former occasions, he deemed it proper, before they passed any bill for

the encouragement of either place, that the parties should be obliged

to publish their intentions some weeks before the application, that if

there were any objections to the measure contemplated, they might be

before the House at the same time. He stated this merely as a ground of

postponement, not saying whether he was in favor or against the measure.

Mr. GREGG thought the House bound to legislate for these people, until

they relinquished the claim to the jurisdiction, either by authorizing

them to legislate for themselves, or retroceding them to the States to

which they originally belonged. He approved of the idea of publishing, as

expressed by his colleague, (Mr. SMILIE,) which he considered absolutely

necessary. If Alexandria were opposed to the bill, it is probable they

would have sent in a memorial on the subject before this time; their not

having done so inclined him to believe that they were satisfied that the

measure should go into operation. He did not think the bill perfect, but

nevertheless he should not oppose its progress.

Mr. LEWIS said the landholders of Georgetown had very generally signed

the petition to Congress. And no person out of the walls of this House

gave it opposition. The people of Alexandria were content, and the owner

of the island and the west shore of the river was the person most likely

to be affected, yet he had given it his hearty assent. He was well

persuaded that no injury would be done to the navigation of the Eastern

branch, or to the port of Alexandria; if, therefore, they could render a

benefit to Georgetown, without injuring any other property, he trusted

the House would agree to the bill.

Mr. SLOAN felt interested in the result of this measure. The people here

have nobody to look to but Congress to make legislative provision for

their well-being; he therefore considered it a duty to attend to their

desires; but he wished the applicants to give notice of their intentions,

in order that any person conceiving himself likely to be aggrieved should

have an opportunity of being heard. This was the usual course pursued in

the State where he resided.

Mr. CLAIBORNE was by no means satisfied that the removal of the mud bank

would do no injury to the Eastern branch and to Alexandria.

Mr. NELSON said that on a question so important to the upper parts of

Maryland and Virginia, he could not refrain from stating some reasons in

favor of the measure, and against the motion of the Speaker, which was

intended to destroy the bill. It had been urged that the sediment which

now obstructed the navigation to Georgetown, if set afloat by increasing

the current and volume of water across it, would impede the navigation of

the Eastern branch or fill up the harbor of Alexandria. Those who would

take a view of the Eastern branch would be convinced it could make no

deposit there, it being intercepted or turned aside by the point which

projected into the Potomac; and as the water of the Eastern branch was

more rapid than the Potomac, the breadth of the latter being much wider

than the former, there certainly was no danger to be apprehended in that

quarter. As to Alexandria, it was not to be supposed that the solid

mass of sediment was to be taken off the bar at once and lodged in that

harbor; the probability was, it would remove gradually and deposit at the

eddy on each side of the river, while the union of the Eastern branch

with the Potomac would increase the celerity of the current and carry it

far below Alexandria.

The compact mentioned by the gentleman from Virginia (Mr. RANDOLPH)

between the States of Maryland and Virginia, he acknowledged to exist;

but as the measure contemplated the improvement of the navigation of the

Potomac, instead of obstructing it, the right of each State to the free

navigation thereof remained unimpaired. He imagined that the inhabitants

of Alexandria and the citizens of Virginia wished success to the measure.

He knew his constituents had it much at heart, knowing that a choice of

markets is a great accommodation to farmers; and if defeated, it would be

as much to their advantage to bring their produce to a shipping port at

once by land, as to use the canal recently constructed at such prodigious

expense, having afterwards to go with their produce to Alexandria by land.

Mr. SMILIE should not be against the bill, if upon full and fair inquiry

it was found proper to pass it. But he could not agree to be hurried

along without allowing time to acquire information. He therefore moved

that the committee rise and report progress.

Mr. MACON (Speaker) opposed the rising of the committee, because it

was leaving the business exactly where it stood, unless it was meant

to recommit it to a select committee for modification. But as he was

determined to vote against it in any and every shape, he was prepared to

decide now. As to the mode he had taken to come at his object, he should

only say it was a fair one, and such as had been the uniform practice of

the House since he had a seat in it.

The gentlemen in favor of this dam or causeway, say it will do no harm;

but where is the demonstration? On the other side, serious apprehensions

are entertained of its injurious effects upon the United States navy

yard in the Eastern branch, and its causing obstructions in the harbor

of Alexandria. He would assure the committee he was ready to promote the

welfare of any of the citizens; but it must in justice be done, without

injuring any other portion whatever.

At the last session, an application was made for a permanent bridge

across the Potomac, with a draw for the passage of vessels; the

petitioner urged the general utility of the measure to all persons

travelling North or South, but particularly the vast benefit accruing to

the inhabitants of the district, by affording a solid and secure means

of intercourse between its several parts. This measure was opposed by

the present petitioners, on the ground of the compact between Maryland

and Virginia securing the right of free navigation to the river, and

also alleging that their navigation to Georgetown would be impeded. The

argument which they applied then, now applies against them, and it ought,

in the minds of the same legislators, to apply with equal success.

Mr. FINDLAY was rather in favor of the bill, believing the mode proposed

would be successful in deepening the channel, which would certainly

improve the navigation to and from Georgetown, and in that object the

citizens of some of the western counties of Pennsylvania were materially

interested; several of their boatable creeks nearly interlocking

with those of the Potomac. He would, however, agree to the committee

rising, with a view to postpone the bill, until gentlemen acquired the

information they asked for.

Mr. GODDARD hoped the committee would rise, and the subject be postponed

until sufficient light was obtained to guide their votes to a proper

decision. He also hoped that no member might be considered as the friend

or the foe of the present bill, until he became such by an examination

into its merits or demerits. He narrated the course the business had

taken since its introduction into this House, and inferred that the same

deliberate mode ought to be pursued to the end. Whether the measure was

good or evil could only be determined in that way, and gentlemen ought

not to object to doing positive good, unless it was demonstrated that

positive evil would result to counterbalance the good that was intended.

He conceived the members ought to inquire for themselves on this point,

and legislate accordingly. He would on all occasions endeavor to promote

the interests of the district; and as it had no immediate representative

on the floor, he considered every representative bound to serve them,

while the seat of Government remained among them.

Mr. G. W. CAMPBELL would not declare whether he should vote for the final

passage of the bill or not. But he was disposed to take notice of the

applications made from time to time by the inhabitants of the district;

whether to redress grievances, or procure benefits. But he by no means

approved of the principles of legislation without representation. He

regretted that they were placed in this unfortunate situation; but he

should decide on the present question according to its merits; and if it

was found to be of great consequence to the petitioners, and not likely

to work an injury to others, he presumed the bill would finally pass.

But he wished the committee to rise, in order to give further time to

obtain information. It had been alleged that the friends of the measure

ought to demonstrate that the erection of a causeway would do no injury

to any one. This was not a fair position; it was requiring them to prove

a negative. The burden of proof should lie on those who oppose the

bill, and it was for them to demonstrate that injury would result. The

gentleman from Virginia (Mr. J. RANDOLPH) has stated that the boats from

the western country have a choice of passing by the western or eastern

channel to the market below Georgetown, and this, it is presumed, he

means they should be still entitled to under the compact between Maryland

and Virginia. Let us hear from those persons also, and then ascertain

whether they have any objection to the project on that account. This was

also an argument in favor of the rising of the committee, and perhaps it

may be added, that a little delay will enable the House so to modify the

bill as to render it less exceptionable than at present.

Mr. SOUTHARD had not considered this subject of much consequence in the

outset, but he found that its importance increased as it toiled along.

He thought this morning it would have occupied but a short portion of

their time; in that he found himself deceived; and he believed he was not

singular in these opinions. He suspected many other members were in the

same predicament. He therefore would vote for the committee’s rising.

That navigable waters are considered as highways, is a matter of great

notoriety; but he did not know that to deepen a channel, by contracting

its surface, was considered as obstructing the free navigation of a

river, nor could he conceive that the body of sediment meant to be

removed, would descend _en masse_ and deposit itself at the confluence

of the next stream it met. On the contrary, he imagined it would be

separated by the force of the current giving it action into millions of

particles, some of which would settle promiscuously on either side, while

a part would ultimately be deposited in the ocean.

The committee hereupon rose and reported progress, and asked leave to sit

again. On the question, Shall the committee have leave to sit again?

Mr. J. RANDOLPH requested that the act of cession by Virginia might

be read, by which it would clearly appear that she had not ceded, or

intended to cede to the United States any right acquired under her

compact with Maryland. [The act was read.]

It is plain from the preamble, said Mr. R., that the intention of the

State was to make a cession above the tide water; that the expected seat

of Government would be fixed in some place contiguous to the limits of

Maryland and Pennsylvania. It is not contended that the United States

were bound to select any particular spot. This circumstance is mentioned

only to show what was contemplated at the time by the Legislature of

Virginia. Her act of cession was more broad. It extended to any tract

of country not exceeding ten miles square, “to be located within the

limits of the State.” Over this she had relinquished to Congress her

jurisdiction as well of soil as of persons. But her limits did not extend

beyond high water mark on the western bank of the Potomac. Her right of

highway on the river was a natural right acknowledged and secured by

convention with Maryland. Her civil jurisdiction over its waters was a

conventional right, entirely derived from compact with that State, was a

jurisdiction not within her limits, and which the words of the act just

read could not embrace or convey.

Mr. DAWSON would vote against the committee having leave to sit again. He

was convinced that the objection made by his colleague (Mr. J. RANDOLPH)

was conclusive: the fact was, that neither Maryland nor Virginia had

ceded their joint rights to this river, nor could they do so, by their

separate acts; the terms of the compact requiring that any thing done

respecting the navigation of the Potomac, should be done by their joint

act. It was worthy of remark, that the petitioners for the causeway were

the identical persons who petitioned against the bridge as a violation of

the compact between the two States, and denied the authority of Congress

to legislate on the subject of the navigation of the Potomac. He thought

them right then, and he voted against the bridge. His opinion had not

changed with their opinions, and, therefore, he should vote against the

causeway now.

Mr. R. GRISWOLD said that from the vote just taken, he presumed that

the question of expediency had been settled. But it is now objected

that Congress have no exclusive jurisdiction over the Potomac. In reply

he would submit a few observations. By the constitution, Congress were

empowered to exercise exclusive jurisdiction over any place not exceeding

ten miles, which might be ceded by particular States. The States of

Maryland and Virginia had ceded this district to Congress, and the

cession had been accepted. But the gentleman from Virginia (Mr. RANDOLPH)

had said that Virginia did not cede the jurisdiction of the Potomac,

because she did not own it separately. To this he would answer, that the

river Potomac must have been under the jurisdiction of either Maryland

or Virginia, or both. And as both allowed Congress to accept of any part

of their territory not exceeding ten miles square, and Congress had

chosen to accept of part from one and part from the other, he presumed

the jurisdiction of the Potomac, let it have been held by either of the

States, or jointly, must have passed to the United States. He was of

opinion, that if Congress had no jurisdiction over the Potomac, they had

none over the district. The constitution provides only for the cession

of one district of country not exceeding ten miles square. The act of

Congress, made in pursuance of the constitution, had also provided for

the laying out one district. If the arguments of the gentleman from

Virginia were correct, and Congress had no jurisdiction over the Potomac,

the Commissioners and the then President of the United States, under

whose direction the district was laid off, had been mistaken, and had

taken two districts of territory instead of one. This being the case,

Congress had no jurisdiction in the district, because it not being

laid off conformably to the constitution and the law of Congress, the

acceptance by Congress was absolutely void. If this was correct, there

was an absolute necessity for giving leave to the committee to sit again,

for the purpose of deliberating whether Congress had jurisdiction or not.

If they had not, and were legislating for the people of the district

without authority, the sooner they put an end to such an assumption of

power, the better.

Mr. J. RANDOLPH declared that the opinion which he had just given was the

result of his most deliberate judgment. To what it might lead he should

not at that time undertake to determine; but when that question should

come before the House he was not sure that he should deny the corollary

of the gentleman from Connecticut, (Mr. R. GRISWOLD,) at least as far as

related to the testimony on the other side of the river. The question,

however, then was, whether Congress possessed exclusive jurisdiction

over the Potomac. How could they acquire it? From Maryland? It was more

than she had to give. At farthest she could only grant her own qualified

right. Had they obtained it from Virginia? Not at all. She had granted

a jurisdiction exclusively her own, over a tract of country within

her limits. And could any man pretend to say that this was a grant of

her concurrent jurisdiction over the Potomac, confessedly without her

limits? She had, to use the expression, issued her warrant to Congress,

to be located somewhere within the State, and, under this pretext, her

property out of the State was about to be usurped. Suppose the gentleman

from Connecticut were to convey by deed his exclusive property, by

certain metes and bounds, would his joint interest in other property

not contained within those bounds pass by such a deed? Surely not. To a

person setting up a claim to such property he would probably say, produce

the evidence of your title; and in like manner Mr. R. demanded to be

shown the conveyance by which Virginia had relinquished her concurrent

jurisdiction over the Potomac? And in answer to this, gentlemen refer to

a conveyance relinquishing something else in nowise connected with it,

and tell us we always believed that we had a grant for this jurisdiction;

we shall be grievously disappointed if we have not; it will be a great

inconvenience to us to do without it, and, therefore, we must have it.

And Virginia is to be forcibly dispossessed of her right, to suit the

convenience of Congress.

Mr. NELSON said, it was with diffidence he again troubled the House

after the lengthy discussion which had taken place. But doubts having

been originated as to the authority of Congress to pass the bill in

question, he felt compelled to remove those doubts, as far as lay in

his power. As the House had decided the expediency of the measure by

a large majority, if upon an investigation it should be demonstrated

that Congress possessed ample power to pass the bill, he trusted the

same majority would still be found in favor of it. He would proceed to

examine the power which Congress possessed to pass the bill, and he

trusted that he should be able to satisfy a majority of the House, that

they had sufficient power. Previous to the compact between Virginia and

Maryland, which had been so much talked of, Maryland claimed the sole

jurisdiction of the Potomac river, and Virginia claimed Cape Henry and

Cape Charles, also the jurisdiction of the Pocomoke as her property. In

order to prevent any duties from being imposed upon their vessels at

either of those places, the two States entered into a compact by which

Maryland agreed that the navigation of the Potomac should be free to the

people of Virginia, and Virginia contracted not to impose duties on the

vessels of Maryland coming by Cape Henry, or navigating the Pocomoke.

By this compact, the Potomac became the joint property of Maryland and

Virginia as to the free navigation, but all the islands were under the

jurisdiction of Maryland. This being the situation, each of these States,

by a law, ceded to Congress any part of their territory not exceeding ten

miles square, which they might choose to accept. Congress chose to accept

of part from one and part from the other; and, among the rest, this joint

property the river Potomac. There was no exception made in the act of

cession as to the water courses, and it would be needless to inform the

members that a grant of land necessarily carried with it a grant of the

waters thereon, unless an exception was made.

Mr. J. RANDOLPH.--The gentleman asks in the body of what county is the

river Potomac passing through the District of Columbia? Will he take it

for an answer that its jurisdiction is within the bodies of the same

counties it was in before the acceptance of the territory on each side?

In addition to the observations made on passing joint property with

exclusive property, suppose England and France to hold Malta in joint

possession, and that they cede to Germany, for her acquiescence in that

measure, some of the exclusive property held by each within the German

empire, will they say that their joint property in Malta passed by the

treaty?

Mr. CLARK was unwilling to trouble the House at that late hour with

any remarks, and would have entirely forborne, was not the question on

which we were about to decide, and which had become extremely important,

susceptible of a position which it had not assumed. It had been stated,

and generally agreed to, and he supposed was correct, that the State of

Maryland, previous to her compact with Virginia, rightfully claimed the

whole river Potomac to the high-water mark on the western bank. Virginia

owned the Capes. This collision of interest produced, in the year 1786,

an adjustment of their interfering interests, and it was expressly

stipulated that the river Potomac should remain a highway, free for the

navigation of each State. In the year 1799, the Legislature of Virginia

passed a law making a cession to the United States of a territory ten

miles square, or any less quantity that should be accepted for the seat

of the General Government, to be located and laid off within her limits;

thus by the terms of her cession confining it to her territory. Maryland,

nearly at the same period, made a similar cession. Out of these two

cessions is the present Columbian Territory made. It is contended by

the gentleman from Maryland, (Mr. NELSON,) that the two States uniting

in the cession makes the grant complete, and the right in the United

States predominant and exclusive. He acknowledges, at the same time,

this correct principle that they could grant no greater right than they

possessed. This doctrine I hold incontrovertible, that the alienee

can have no greater or better title than the alienor, otherwise the

derivative would be superior to the original title, a principle not to be

admitted.

Let it be distinctly recollected that, prior to the cession, Virginia had

purchased a right out of the soil of her sister State, distinct from the

land--an incorporeal hereditament, a franchise which she had the right of

exercising, unconnected with the use of the soil--so that, while Maryland

owned the land, Virginia owned the right of way. She never passed this

right by the terms of her cession or by any other act. Maryland could

not, having already parted from it. No strength of argument can be

derived from the terms of the constitution; for, if Virginia never parted

with her right, the United States could never have acquired it. I trust

I have shown that Virginia purchased a right in the navigation of the

Potomac, which she never parted from, and, of course, retains to this

moment. We, therefore, cannot constitutionally legislate on this subject.

Let it not be said that the object is improvement and not obstruction.

Is not building the wall from Mason’s Island to the Virginia shore an

obstruction, and the improvement at best problematical? But, this is

begging the question. On a fair admission of my construction, I contend,

and have endeavored to prove, that we possessing no jurisdiction over

the river, it cannot be touched by any legislative act of ours in any

point whatever. For, if it be touched in one way, it may be in another,

and may finally end in whatever arrangement Congress may think expedient

to make.

Mr. JACKSON did not stop to inquire whether it was proper for Congress to

retain the jurisdiction over this district, but he was willing to remove

a grievance which the people complained of and required to be done.

He was not one of those who was disposed to guard the people against

their worst enemies, themselves, as he did not believe the doctrine to

be true. The objection that Virginia and Maryland had only ceded their

exclusive property, and not the joint property of the free navigation of

the Potomac, might, perhaps, be extended further than gentlemen wished,

or were aware of. By the Treaty of Paris, France had ceded Louisiana in

full sovereignty to the United States, but expressly reserved the right

of free navigation of the Mississippi; if, then, the United States were

disposed to shorten the navigation by cutting through the bend of that

river, or in any other way improve the same, will it be necessary for the

United States to consult and obtain the assent of France to the measure

before they ventured to put it in execution?

Mr. NICHOLSON had but few observations to make upon the question before

the House. His opinion was the same as at the last session, when a

petition was presented for the erection of a bridge. He then thought

that the erection of a bridge over the Potomac would tend much to the

improvement of the place. He thought so still. But he then thought that

Congress had no right to interfere in the least with the free navigation

of the Potomac, and, of course, was opposed to the bridge. The same

reason operated, in his mind, against the bill now in question. Neither

of the States of Maryland or Virginia could have passed such a law

previous to the cession of the district to Congress. The question to

be determined, then, was “whether the jurisdiction of the Potomac was

ceded to Congress.” If this should be answered in the negative by the

committee, all questions as to the expediency of the measure would be

at an end. Previous to the compact between Virginia and Maryland, the

latter claimed the river Potomac as its exclusive property. By that

compact it was declared that the navigation of the said river should be

free. Virginia, therefore, acquired a kind of property in the river,

inasmuch as she acquired the right to the free navigation thereof. The

question, then, to be inquired into, was, Had Virginia parted with this

right? He conceived she had not. By the act authorizing the cession of

ten miles square or less to the United States, this could not have been

done; Virginia had no power to make the cession of the Potomac, because

she had not the jurisdiction over it, and could not grant more than she

possessed. After this grant by Virginia, the State of Maryland granted

to Congress a portion of territory not exceeding ten miles square for

the seat of Government. Had Maryland the sole property in the river, it

could have passed in this grant, provided Congress accepted that part

of her territory. But she had not this sole property, because the State

of Virginia had a right by compact to the free navigation thereof. How,

then, had the United States acquired the jurisdiction over the Potomac?

Would it be contended that they had acquired it from Maryland? This did

not appear from the act of cession. Had they acquired it from Virginia?

That could not be, because Virginia had no power to make such a grant.

So long as he had the honor of a seat in the House, he would hold up his

hands against any measure like the present, which would go to affect the

rights of any of the States. If Congress had a right to interfere in the

least with the free navigation of the Potomac, they had a right to stop

it altogether. He conceived they had no right to pass any law on the

subject; and, believing so, he would certainly vote against the committee

having leave to sit again.

On motion the committee rose and the House adjourned.

THURSDAY, November 29.

_Recession of the District of Columbia._

On a motion made and seconded that the House do come to the following

resolutions:

_Resolved_, That it is expedient for Congress to recede to

the State of Virginia the jurisdiction of that part of the

Territory of Columbia which was ceded to the United States

by the said State of Virginia, by an act passed the third

day of December, in the year one thousand seven hundred and

eighty-nine, entitled, “An act for the cession of ten miles

square, or any lesser quantity of territory within this State,

to the United States in Congress assembled, for the permanent

seat of the General Government;” provided the said State of

Virginia shall agree thereto.

_Resolved_, That it is expedient for Congress to recede

to the State of Maryland the jurisdiction of that part of

the Territory of Columbia within the limits of the City of

Washington, which was ceded to the United States by the

said State of Maryland, by an act passed on the nineteenth

day of December, in the year one thousand seven hundred and

ninety-one, entitled, “An act concerning the Territory of

Columbia and the City of Washington;” provided the said State

of Maryland shall consent and agree thereto:

_Ordered_, That the said motion be referred to a Committee of the whole

House on Wednesday next.

THURSDAY, December 6.

The SPEAKER laid before the House a letter from the Governor of the State

of Virginia, enclosing a return of the election of ALEXANDER WILSON, to

serve in this House, as a Representative for the said State, in the place

of ANDREW MOORE, appointed a Senator of the United States; which was

referred to the Committee of Elections.

FRIDAY, December 7.

_Post Roads._

Mr. JACKSON, from the committee appointed on the sixteenth ultimo,

presented a bill making provision for the application of the money

heretofore appropriated to the laying out and making public roads

leading, from the navigable waters emptying into the Atlantic, to the

Ohio river; which was read twice and committed to a Committee of the

Whole on Monday next.

On a motion made and seconded, that the House do come to the following

resolution:

_Resolved_, That a post road ought to be established from

Knoxville, in the State of Tennessee, by the most direct and

convenient route that the nature of the ground over which it is

to pass will admit, to the settlements on the Tombigbee river,

in the Mississippi Territory, and from thence to New Orleans;

and that a post road ought also to be established from ---- in

Georgia, to the said settlement on the Tombigbee, to intersect

the former road at the most convenient point between Knoxville

and the Tombigbee.

_Ordered_, That the said motion be referred to a Committee of the whole

House on Monday next.

_Duty on Salt._

Mr. THOMAS said, he rose with a view to propose an inquiry relative to

the duty on salt. On this article a duty of six cents per bushel was

first laid, in the year 1790 it was raised to twelve cents, and in the

year 1797 eight cents more were added, making the duty twenty cents per

bushel of 56 lbs.; at which rate it now stands. But, as every measured

bushel of good strong salt which is imported into this country will weigh

80 or 90 lbs., this is in reality a duty of 30 cents per bushel.

Three years ago, when the repeal of the stamp act, excise, and other

internal tax laws, were before Congress, an attempt was made to reduce

the duty on salt, and retain a part of that system.

At that time, although he was conscious the duty on this article of real

necessary consumption was too high, and fell extremely heavy on the

agricultural part of the community, particularly those living back from

the seaboard, who were obliged to use large quantities of it, for their

black cattle and other beasts of pasture, notwithstanding the increased

price at which it came to them, in consequence of the transportation, and

the profits charged on the amount of duty as well as original cost by the

several merchants or traders through whose hands it passed, yet he did

believe it better to allow this duty to remain as it was a while longer,

rather than not be enabled to abolish that expensive, inconvenient and

anti-republican system of internal taxation.

And should it now be found, on due inquiry, that a reduction of the duty

on this article, at this time, would be incompatible with the great

object of paying off the national debt and meeting the other exigencies

of Government, for his part he would not urge it; but he was persuaded

this was not the case--he believed our finances are amply sufficient to

authorize the measure.

On examining the report of the Secretary of the Treasury he found,

that besides meeting all the calls of Government, including the sum

appropriated annually towards the reduction of the public debt, there was

a surplus of $4,882,225 in the Treasury, and although there are several

payments to be made out of this sum, there will still be a large balance

remaining.

It also appears, from a comparative view of the bonded duties of the

present with former years, that there will be an increase of revenue

coming into the Treasury the ensuing year, and he believed there was no

reasonable probability of any new causes for expenditure.

This being the case, he flattered himself it would not be deemed

unseasonable or improper to propose a reduction of the duty, on this

article of necessary consumption, at this time.

With this object, however, said Mr. THOMAS, I wish to couple another

which I consider of equal importance, as it respects the reputation of

our beef, pork, fish, and butter, put up for exportation, as well as the

health of our seaport towns, and seamen employed on foreign voyages.

He said, by the Treasury accounts it appears that the aggregate amount

of salt imported into the United States during the year, ending the 30th

September last, was 3,858,195 bushels of 56 lbs. each, of this about

one-fourth part, or 868,355 were imported in foreign vessels. All this

salt was brought from foreign places, and no part of the salt prepared

from the briny waters near the Onondaga, in New York, the various springs

in the Western States, and the sea water of Cape Cod, Portsmouth, &c., is

taken into this calculation.

Of this salt some parts came from the Swedish, Danish, and Dutch West

Indies--other parts were imported from the British West Indies, and

other British colonies, from the French West Indies, from Spain, from

Teneriffe, and the other Canaries, and the Spanish West Indies; parcels

of the same salt were likewise brought from Portugal, Madeira, Cape de

Verd Islands, and Italy, and about 20,000 bushels of a similar kind has

heretofore annually been brought from Louisiana, which is now a part of

the United States.

But notwithstanding all this trade in salt, to so many parts of the

earth, the commerce in that article between the United States and Great

Britain is very extensive and important. During the year he before

mentioned, the proportion of imported salt which was furnished by England

alone, and of the manufacture of that country, amounted to 1,271,537

bushels of 56 lbs. So that it is evident at least one-third of the salt

consumed in our country is exported from that part of Great Britain

called England, and chiefly from those countries of which Liverpool is

the mart.

This salt, as he understood, was prepared by the process of boiling the

brine of the rock salt from Cheshire, and the water of the sea; and on

account of the great plenty and cheapness of coal in Lancashire, there

being also, as he believed, no export duty laid on it, this salt was

produced in abundance and sold on very low terms; it is employed as

ballast for British ships coming into our ports, and when arrived is sure

to sell and pay the freight and frequently afford a profit; our own ships

also very commonly take it in for ballast, and often as part of the cargo.

This traffic would be perfectly fair and convenient if English salt was

of a strength and quality fit to preserve animal flesh for provisions.

But he was clearly of opinion, from his own knowledge, this was not the

fact, and he had lately observed a discussion on this subject in the

British Parliament which confirmed that opinion.

The British Government long ago made a distinction between English salt

and foreign salt on their importation into Ireland. To encourage the

introduction of salt from the Bay of Biscay and the Portuguese dominions,

they permitted it to be imported into that kingdom at the rate of 84 lbs.

the bushel, while Liverpool salt was charged with the same duty of two

shillings on the bushel of 56 lbs. The reason of this distinction was

undoubtedly wise and cogent; experience had proved that British salt, as

brought to the market, was destitute of that purity and strength which

was necessary to preserve animal flesh from taint and corruption, and fit

for human food in hot climates and on long voyages.

The trade of Ireland in beef, pork and butter, was of great importance,

not only to that country itself, but to the whole navy and army of

Britain. To keep up the character and wholesomeness of their provisions

was a matter of immense national importance, and this could only be done

by attention to have it preserved with salt of purity and strength.

Experience had proved that the salt formed by crystallization in the open

sunshine on the western shores and islands of Southern Europe, was vastly

better than that produced by artificial concretion, in a boiling heat

over a fire in the North. And the Government had with prudent discernment

favored the introduction of Bay salt into Ireland, by permitting 84 lbs.

to be imported for the same duty that was paid on the introduction of 56

lbs. of Liverpool salt.

The people of Liverpool have lately expressed uneasiness at this

partiality, and an attempt has been made in Parliament, so to equalize

the duty, as to give to both Bay and English salt a fair competition

in the Irish market. This, however, was repelled by the Irish members,

with manly discernment and spirit, on the ground that Bay salt was of a

stronger quality, less easy to dissolve, and indispensable to the salters

of meats; that English or Liverpool salt would not answer for this

extensive and important branch of business; that the discrimination in

favor of Bay salt was politic and proper, especially connected with the

provision trade and the health of the fleets and armies.

It is my wish, said Mr. T., that such a distinction should be made on

the introduction of English salt into the United States, as has been

made by the British laws themselves, on its importation into Ireland.

There certainly exists the same causes for it. Like Ireland, our country

abounds in provisions--beef, pork, fish and butter, are great and staple

articles of export; but their quality is very far inferior to the

provisions of Ireland. The putrefaction of beef, pork and fish, to a very

serious extent, has often occurred; the loss of the property thereby was

great, and the reputation of our provisions materially affected. But that

was not the greatest evil; there is no doubt but that the exhalation from

tainted and corrupted meats and fish, in our towns as well as on board

our vessels, poison the atmosphere and excite malignant fevers and other

diseases.

His object was to retrieve and establish the reputation of our salted

provisions in foreign markets--to prevent the loss of property by those

who put up provisions for exportation, and also to prevent the evils

resulting to our citizens and seamen from tainted and spoiling meats

and fish. With this view of the subject he should propose, in the first

place, an inquiry into the expediency of reducing the duty on salt

generally; and, in the second, the propriety of making a distinction, so

as to encourage the importation of strong and pure salt, in preference to

the weak and impure salt manufactured in England.

He, therefore, moved the following resolution:

_Resolved_, That the Committee of Ways and Means be instructed

to inquire into the expediency of reducing the duty on salt,

and also into the propriety of making a distinction in the

duty, so as to encourage the importations of salt from the

dominions of Denmark, Sweden, the United Netherlands, Spain,

France, Portugal, and the British West Indies, in preference to

any other place or places; and that they report thereon by bill

or otherwise.

Mr. J. RANDOLPH said, that the resolution which the gentleman from New

York had submitted, and in relation to which he had favored the House

with such copious details, embraced two objects: the reduction of the

duty on salt, generally, and the encouragement of the importation of a

particular description of that article. The last subject belonging to a

class which was consigned to the Committee of Commerce and Manufactures,

he should confine himself to the first branch of the resolution; nor

should he have troubled the House at all were not the motion of the

gentleman from New York calculated to excite an expectation, which he

wished to repress, because he feared it could not be gratified. It was

not to oppose inquiry, but to apprise the mover and the public that the

result was likely to prove unpropitious to his wishes, that he had

risen. The country on which the salt duty fell with peculiar force was

that middle region, near enough to the seaboard to be supplied altogether

by importation, but too remote to have its consumption diminished by

vicinage to the sea. Those whose stock had access to salt water felt

the duty but partially; those whose situation obliged them to use salt

of home manufacture only, not at all. As an inhabitant of that district

of country by which the duty was principally paid, and as a friend to

agriculture, he had at an early period of the session, in conjunction

with his friend the Speaker, turned his attention to the practicability

of reducing the duty on salt, and you well know, sir, (said Mr. R.)

that the result of our inquiry satisfied us that this desirable object

was not at present attainable. He mentioned this to show that other

members felt an interest in this subject, as well as the gentleman

from New York, although they had not brought it before the House. The

Treasury statements on which that gentleman relied for the support of his

position, that we can dispense with a portion of our existing revenue,

establish the opposite opinion, beyond controversy.

MONDAY, December 10.

Two other members, to wit: MATTHEW WALTON, from Kentucky, and NATHANIEL

ALEXANDER, from North Carolina, appeared, and took their seats in the

House.

TUESDAY, December 11.

_Recession of District of Columbia._

The SPEAKER laid before the House a letter addressed to him from George

Washington Parke Custis, chairman of a meeting of the inhabitants of

the county of Alexandria, in the District of Columbia, enclosing sundry

resolutions of the said inhabitants, expressive of their disapprobation

of so much of a motion now depending before the House, as relates to a

recession of jurisdiction to the State of Virginia, of that part of the

District of Columbia which is contained in the county of Alexandria,

aforesaid.--Referred.

_Potomac River._

The House again resolved itself into a Committee of the Whole on the bill

authorizing the Corporation of Georgetown to make a dam or causeway from

Mason’s Island to the western shore of the river Potomac.

Mr. MACON gave it as his opinion that it would be improper at this time

to take up the subject, as there was a motion on the table to recede the

territory of the district back to the jurisdiction of the States out of

which it had been carved. If it is intended to recede the territory,

it would certainly be better to recede with as few encumbrances or

alterations as possible; indeed, the striking propriety of the business

taking the course he had just mentioned, had led him to expect that the

present bill would not be again agitated until the question of recession

had been investigated and decided. He would therefore move that the

committee rise and report progress.

Mr. SMILIE voted against going into a Committee of the Whole, on

the ground mentioned by the Speaker. If it be the intention of the

Legislature to recede this territory, there was certainly no necessity

of discussing the propriety of erecting a causeway; if it be not the

intention, when this is manifest it will be time enough to consider

the bill before them. From what he had observed on the part of

the inhabitants of the District of Columbia, there seemed to be a

disposition, if not a determination, to give Congress as much trouble

in legislating for them as they had for all the rest of the Union.

During the present session, this single ten miles square had occupied as

much of the time of the House as the whole of the United States, whose

general and important business was daily caused to be suspended for the

local concerns of this place. From observing this to be the settled

course of proceeding, he was convinced that Congress must do one of two

things, either recede them to their respective States, or put them in a

situation capable of managing their own affairs, in their own way. The

daily pay of the members amounted to a considerable sum, and the length

of time consumed on every trifling application for want of some member

able to explain the true situation of the district, occasioned by its

unrepresented state on this floor, were evils much to be lamented, if

they could not be remedied. He thought members could hardly justify the

waste of time, intended to be devoted to the public, whatever they might

think of the expense it occasioned. He hoped the committee would agree to

rise.

Mr. LEWIS did not think it fair to anticipate the opinion of the House on

the subject of recession, which he considered would be the effect of the

committee’s rising. If, however, the committee shall determine that they

would not, at this time, discuss the present bill, he had no objection to

enter on the consideration of the other subject.

Mr. NELSON thought this the proper time to discuss this question, even

in preference to that of recession. It appears from the petition of the

inhabitants of Georgetown, that the channel of the river, on which the

salvation of that town depends, is filling up daily; that the mass of mud

would soon increase to such a degree as totally to ruin the navigation

to that port. If even it should be agreed by Congress to recede the

territory to the States of Virginia and Maryland--which he wished and

hoped in God would not be the case--it would be late in the session, and

in all probability, at a time when neither of those State Legislatures

will be in session. Supposing both States were willing to accept the

recession, which he believed would not be found to be the case, the

petitioners could not apply to the Virginia Legislature until next

December, as their session began in that month, nor to Maryland until

next November. A twelvemonth’s delay might defeat the object altogether,

for the petitioners assert that it requires immediate exertions to

prevent the channel filling up altogether.

Mr. SLOAN reminded the committee of an old saying: “The time present only

is in our power, the future we know not of.” The time present, then,

is the time to redress the grievances of the suffering part of this

community, and as the citizens of Georgetown were really embarrassed, and

their apprehensions excited of greater danger, he hoped the committee

would proceed with the business.

Mr. STANFORD seldom troubled the House with any motion; but the one

alluded to by his colleague, (Mr. SPEAKER,) he had brought forward from

a sense of duty. The reiterated applications of the inhabitants of this

district for legislative provisions, he had always listened to with

attention, and he had no objection to proceeding in the discussion of the

present bill, convinced that it would only serve to show the necessity

of receding the territory. From all that had hitherto been done, it was

apparent that they could not attempt to accommodate one part of the

district without drawing forth petitions against the same from another

part. Counter-petitions were constantly coming in. He was willing to hear

every thing, but he did not believe the House could agree to any thing,

and it was not to be wondered at when the inhabitants could not agree

among themselves; or, if the House agreed at this time relative to the

objects of the bridge company and the causeway petitioners, it would be,

he suspected, to do nothing in either case. All this tended to evince the

propriety of adopting the resolution he had laid on the table to recede

the territory to the States of Virginia and Maryland, who would then have

competent powers to gratify both parties, if they deemed it expedient, of

which he was convinced they were better judges than this, or any future

Congress was ever likely to be.

The question on the committee rising was taken, and lost--only

forty-three members voting in the affirmative.

Mr. MACON then proposed to amend the bill in such a way as to provide for

regulating the ferries that might be established across the eastern part

of the stream to the causeway, and applying the fund arising from the

same for the purpose of keeping the causeway in repair.

Mr. LEWIS did not consider it useful to travel over the ground assumed on

a former occasion, but would confine himself to state to the committee

some information he had acquired since, in respect to the damage the

Eastern Branch or the port of Alexandria was likely to sustain, as had

been alleged. Before the year 1784, the channel on the western side was

so shallow that vessels only of very ordinary burden could pass, while

on the Maryland side vessels of great draught of water could easily pass

up to Georgetown. The uncommon hard winter of 1783-’4 was followed

in the spring by the greatest torrents ever known in the Potomac. The

bodies of ice were of immense magnitude, and many of them lodged upon the

island, and under the rocks of its bed, prizing with a force beyond all

credibility: it tore the rocks asunder and pressed them over into the new

channel, occasioning a rise of thirty or forty feet on the Georgetown

shore. On the Virginia side the torrent also forced itself and deepened

that channel, while it left a vast quantity of mud, rocks, and sand, in

the eastern channel, which has been constantly accumulating since that

period. The situation of the present bar is at the meeting of the two

arms of the river, below the island, and does not permit the passage of

vessels over it drawing more than twelve feet water. The consequence of

this alteration in the bed of the river below the island has been to

narrow the mouth of the Eastern Branch, but it had no effect upon the

harbor of Alexandria. This may serve to explain what may be the effect of

opening the old channel in the way proposed: it may operate to widen the

mouth of the Eastern Branch harbor, but it cannot injure Alexandria.

Mr. CLARK.--When this bill was under consideration, some days past, I

endeavored to show (and hope with satisfaction) that Congress had not the

power of legislating on this subject. The ground I then assumed was, that

Virginia had, by contract with the State of Maryland, before the cession

to the United States, acquired the right of highway on the river Potomac,

which she has never granted. It is now unnecessary to inquire into the

reasons of this policy; it is sufficient for our present purpose to say

it is the fact.

In retracing this subject, I find my arguments very much strengthened by

examining the Articles of Agreement between the States of Maryland and

Virginia, and this circumstance is the only inducement for my troubling

the committee again. The sixth article of the Agreement declares that

“the river Potomac shall be considered as a common highway for the

purpose of navigation and commerce to the citizens of Virginia and

Maryland, and of the United States, and all those in amity with them.”

The eighth article declares that “all laws and regulations which may be

necessary for preserving and keeping open the channel and navigation

of the river shall be made with the mutual consent and approbation of

both States.” If a doubt remained, therefore, it appears to me this must

remove it, and time will be spent in vain to illustrate the subject.

Mr. NELSON did not expect that this point would have been brought up

again, but since it had so happened, he felt a propriety, not to say

a duty, in recapitulating also what he had urged before, and adding

some further reasons to show that Congress had the right, and exclusive

right, of jurisdiction over all that part of the river Potomac within the

District of Columbia. The burden of the song appears to be this: that

because the States of Maryland and Virginia entered into compact before

the formation of the present constitution, by which it was agreed that

the river should be considered a common highway, and as both possessed

the right of way, it was a joint right, which, as they did not jointly

convey the right, has never been ceded to the United States. Does the

gentleman (Mr. CLARK) mean to say that the States of Virginia and

Maryland had not the power of granting this joint right? If he does not

assert this, or if he admits they had the power, we shall be able to

demonstrate that they have granted it to Congress. After two States have

made a division of a part of each of their particular property, cannot

they mutually give to another the property they have thus acquired?

Surely common sense cannot deny them the right so to do: if you cannot

grant away a right, it is no right, for a right cannot be complete if it

cannot be conveyed to another; the very idea of right implies the power

of disposal. They say that Maryland had the exclusive right of navigating

the river Potomac, and that she gave by compact a qualified property in

that exclusive right to Virginia. Cannot Virginia convey this qualified

right? If one holds a right to an estate for life or a term of years, is

it not as competent for the party to convey such right, as it would be to

convey an estate in fee simple? Whether the right be a special right, or

a limited right, or of whatever nature it be, every man has a right to

convey it to another, unless there be exceptions or reservations; but in

the compact between Maryland and Virginia there are no reservations or

stipulations that abridge or preclude a conveyance. Then he asked them

to propound this case: Maryland has a common right with Virginia in the

Potomac, and Maryland declares that she gives up all her right to ten

miles square of her territory--the Potomac is a part--Virginia also says

that, so far as she has a right, she gives it up also. Well, then, both

States have given up their respective rights. Does not the relinquishment

of their rights by both States produce the same effect as if it had been

done by a joint instrument? Maryland, he asserted, had given up her

right; no matter whether it was a real right or qualified right, she gave

up all but what she had conveyed to Virginia, and Virginia has given up

all she possessed.

Mr. J. RANDOLPH had hoped that the very perspicuous statement of his

colleague, (Mr. CLARK) when the subject was last under consideration,

had satisfied the most incredulous that Congress were not competent to

pass the bill before them. Indeed, he had hoped that the bill would have

been suffered to sleep through the rest of the session, and the House

no more troubled on the subject. The reasoning of the gentleman last

up was to his mind utterly fallacious and inconclusive. The district

was not necessarily divided into two bodies politic, because of the

intervening jurisdiction of Virginia over the Potomac. Did Massachusetts

constitute two States, because its parts were completely separated by

New Hampshire, through which you must necessarily pass to get into Maine

from old Massachusetts, as it was called? For the purpose of division

the mathematical line which marked the boundary between the two States

of Maryland and Virginia was equivalent to the whole breadth of the

Potomac. On the ground of natural right, Congress could not obstruct the

navigation of the river. They could not do it without admitting the right

of Virginia and Maryland to raise obstructions above and below. Those

States had as good a claim to stop the passage of ships of the United

States as Congress had to interrupt their bateaux. But gentlemen say they

are not stopping the navigation, they are improving it. How? by damming

up the best channel. Did not this justify any species of obstruction? It

was only to term it an improvement, and every objection was silenced.

Whatever might be the decision of the House, he trusted no member from

Virginia would be found to concede her right over the Potomac. He hoped

also that the subject would be suffered to remain at rest until the

question of recession was decided; but, in whatever shape it should

appear, he should always protest against it, as a violation of the rights

of the State which he represented.

Mr. SLOAN would leave the dispute, as to the right of jurisdiction over

the river, to be settled by those who were more competent to investigate

law questions than he was himself. But, from what he had heard, he had

brought his mind to this conclusion, that, whatever right Maryland

possessed to the jurisdiction of the Potomac, Congress was now entitled

to exercise. The gentleman from Virginia (Mr. J. RANDOLPH) has said that

Congress has no right to obstruct the navigation. True; but it does

not follow that Congress has no right to remove obstructions. He says,

also, that we might stop both branches. Not so; it is intended to stop

one only, in order to deepen the other, so as to render the navigation

more useful and safe. The case before us has been occasioned by the act

of God, or a great movement in nature; a great quantity of ice has been

lodged, and tore up from the shore and the island the materials that

form, perhaps, the base of this sand-bar, by which the navigation has

been obstructed. Now, suppose another case, that this ice had pent up the

whole body of the river, and compelled the waters to form themselves a

channel for escape through the lower grounds of the Virginia side, and

thereby have given a new course to the river; and it would not be the

first time that ice had been the cause of changing the bed of a river.

Mr. ALSTON did not intend to consume much of the time of the committee in

delivering his sentiments, as the discussion had already been protracted

to a much greater length than he, at the first view of the subject,

supposed it merited. It has been contended by several gentlemen that

Congress have no power to legislate at all upon the subject of the

navigation of the river Potomac. This really, to him, appeared to be a

very extraordinary doctrine indeed. That because Virginia and Maryland

had not jointly conveyed a common property, their conveyances separate,

although including this very common property, was not obligatory, and did

not convey to Congress exclusive legislation and jurisdiction over such

part of the river as lay within the District of Columbia. He admitted

that the river Potomac was a common highway, and ought ever to remain

so, for the benefit not only of the people of Virginia and Maryland,

but likewise for all the citizens of the United States choosing to

navigate the same; and to do any act whereby the navigation would, in

the slightest degree whatever, be obstructed, was more than we had a

right or ought to do. But would it follow, in consequence, that we had no

right to improve or benefit the navigation of the river? Most indubitably

not. It was, in his mind, clear, from the information he had received,

that, unless something was done for the benefit of the navigation of

the river, an end would soon be put to Georgetown as a commercial spot.

He believed it to be universally the case that the uniting of any two

streams of nearly equal size produced a bar or shallow place just below

their junction. If, then, the bar complained of, just below Mason’s

Island, has been produced in consequence of the uniting of the two arms

of the river, it seemed to him an inevitable consequence that, if one of

them was dammed up, the channel would return to its former depth. Mr. A.

could not see the force of an argument made use of by his colleague, the

honorable Speaker, if he understood him correctly, to say that, if the

dam contemplated should be effected, it would tend to injure the ferries

established on the river. In what manner the erecting the dam from

Mason’s Island to the Virginia shore could affect them, he was not able

to discover, as the land on the Virginia shore, opposite the ferries, and

the island, belong to the same person. He entertained no doubt but that

the same privileges would extend to the island as were now enjoyed at the

landing on the Virginia shore.

Mr. CLAIBORNE asked if the ten miles square, located and surveyed to the

United States, included the river? He rather suspected that they had laid

off ten miles square, exclusive of the river. If this were the case,

Congress had assumed jurisdiction over more territory than they were

constitutionally entitled to.

Mr. J. LEWIS.--My colleague has expressed a hope that no member from

Virginia would be found to sanction a measure so hostile to the rights

of that State. I lament extremely that I should, upon any occasion,

differ in sentiment with that gentleman, and particularly upon this;

but, because I am so unfortunate as not to agree with my colleague upon

this question, I hope I shall not, on that account, be charged with

an abandonment of the interests of Virginia. I am as tenacious of her

rights as my honorable colleague, or any other Representative from that

State, and I must, at the same time, be permitted to express my regret

that any member from Virginia shall be found to oppose a measure so very

interesting to a large portion of the citizens of that State.

Mr. MACON.--Although it may be a good rule, yet it is not a general one,

that people are well satisfied when they do not complain; yet gentlemen,

when they are sent here to legislate, must exercise their own judgment on

the probable consequences. If all the people of the district were to say

that this was a proper measure, he should still exercise his own opinion.

The gentleman from Virginia (Mr. LEWIS) had narrated the history of this

river, and informed us there was no impediment prior to 1784. He did not

doubt the correctness of the statement; but he should have gone further,

and informed us what was the population on the waters of the Potomac at

that time, and what it is at present, and likely hereafter to be; because

if such a mud bank was raised in the river when its banks had little or

no cultivation, what was it likely to be when thickly settled, for every

new farm and every additional cultivation, loosened the earth, which was

swept away by every fresh, and the mud bank at the head of tide water

would proportionally increase in magnitude. Such had been the case with

the Rappahannock, and if it should turn out that these two rivers are in

a similar situation, their trouble would be thrown away.

Mr. HOLLAND admitted that the quantity of mud would increase by

cultivation; but if the channel is deepened by narrowing the river, the

mud would descend lower and deposit itself in that part of the bed of

the river where the channel was deeper. He had no doubt of the right of

Congress to the exclusive legislation over the river, as well as over

every other part of the district. He should therefore vote for the bill,

believing that they had the right, and that the measure would be greatly

beneficial to the commerce of the country.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16) · 第 71 / 232 题