Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-10
TWEEN IETH CONGRESS.
SECOND SESSION.
MONDAY, January 10, 1929.
HOUSE OF REPRESENTATIVES.
Guni6erIuJld Road.

Cumberland Road, (Which provides tor the erec-
ton OF toll gates, by the Federal Government and
for the appropriation Of 100000 to put the road
In repair) being under consideration, in Commit
tee OF the Whole on the state Of the Union,
MIR. Buchanan offered anne ndment, which
went to strike out all the sections of the bill, ex-
cept that one which contains the appropriation of
100000 to put the road in repair; and to provide,
In substance, that the several parts OF the road
passing through Maryland, Pennsylvania and Yir-
gInia, should be coded to those States, provided
they would erect toll gates upon it, and keep it in
repair.
| In favor OF his amendment, and against the orr
ginai bin, except the appropriation which il con-
tains, MIR. Buchanan rose and addressed the House
as follows:
Mr.. Chairman: The bill and the amendment
now before the Committee present a subject for
discussion OF the deepest interest to the American
People. tits not question whe Their we shah keep
the road IN repair by annual appropriations; it is
not question whether we shall expend other mil
hone IN constructing other Cumberland roatsthese
would be comparatively unimportant but il is
question, upon the determination OF which, in my
humble judgment, depends the continued exis-
teDce OF the Federal CONSTITUTIONS in any thing like
ITS native purity. Let it once be established that
the ederai Government can enter the dominion
OF the States-interiere with their domestic con-
cerns-erect toll gates all the military COM
| merclal, and post roads, within their Territories
and define and punish, by laws of Congress, in the
Courts OF the United States offences committed
erected by our ancestors with so much care, be-
tween Federal and State power, are entirely pros
trated This single act would, i'm itself, he a Ion
ger stride towards consolidation than the Federal
government have yet taken; and it would
De precedent for establishing construction of
the Federal Constitution vague s. so indefinite,
that II might be made TO mean any thing or no
| thing.
IL Is not my purpose, upon the present occasion,
again 10 agitate the questions which have so often
as IN he IF
Congress, in regard to Internal Improveme
FOR my own part, cheerfuy accord TO the Fed
erai Government, the power of subscribing stock
IN companies incorporated by the states, for the
purpose OF making roads and canals; and enter
tam no doubt whatever, but that we can, under
the constitution, appropriate the money Of our
constituents directly to the construction of Inter-
nal Improvements, with the consent of the States
through which they may pass. These powers
shall ever be willing to exercise, upon all proper
occasions. But shall never be driven TO support
any road or any canal, which my Judgment dis
approves, BY fear of the senseless clamor which
Is always attempted 10 be raised against members
upon this Hoor-as enemies to Internal Improve
ment, who dare to vote against any measure
which the Committee on Roads and Canals think
proper to bring before this House
Ii was my intention TO discuss the powe r Of Con-
gress to pass the bill, and its policy, separately
upon reflection, find that these subjects are so
intimately blended,tbe cannot easily be separated
! shall, therefose, consider them together.
| Before, however, i enter upon the subject, il
VIII be necessary to present a short historical
sketch oil the Cumberland Road. 1t owes its orr
gin 10 campact between the State Of Ohio and
| the United States. In 1902, Congress proposed to
| the Convention which formed the Constitution OF
Ohio, that they would grant to that State one sec
ton OF land in each township for the use OF schools
that they would also grant to IL sever tracts OF
land on which there were salt springs and that
hive per cent OF the nett proceeds OF the future
sales oil public lands within its Territory, should
be applied to the purpose Of making public roads,
"Ieading J,on the naotga6!e tooters empfying
INTO the atlantic to the Ohio, TO the said State
and through the same" The act, however, dis.
tincty declares that such roads shall be laid out
under the authority OF Congress, with the con-
sent oil the several States through which the road
snail pass These terms were offered, by Con-
gress, to the State Of Ohio; provided she would
exempt by an irrevocable ordinance, all the land
which should be sold by the United States, with
IN her Territory, from every spe cies of TAXATION
lor the space oil hve years, after the day of sale
This proposition Of Congress was accepted nv the
State OF Ohio; and il thus became a compact. the
terms oil which could not be changed, without the
| consent OF both the contracting parties. By the
term OF the compact this FIVE per cent OF the ne II
proceeds OF the sales Of the public land was appli-
cable to two objects; the first, the construction of
roads leading from the Atlantic to the State of D.
mo; and the second, the construction of roads
within that State. In 1903, Congress, at the re-
quest oil Ohio, appoTtioned this fund between these
n
pFoPriated to the construction of roads within the
State; leaving only two per cent. applicable TO
roads leading from the naygable waters of the At
lantic.to il.
In March, 1906, Congress determined 10 applv
this two per cent fund to the object Tor which /,
was destined, and passed ''aD act to re gulae the
laying out and making road from Cumberland
IN the State OF Maryland, TO the State of Ohio
Under the provisions OF this act, before the Pres
ident could proceed to cut single tree upon the
route OF the road, il was made necessary 20 obtain
the consent OF the States through which il passed.
ne r edeTal Gov rnmeDt asked Maryland Penn
syIvania, and Virginia, for permission 10 make IT,
and each OF them granted this privilege in the
same manner that they would have done o a phi
vate individual, or 10 Corporation created by their
| own laws.
Congress, al that day, asserted no other right
thaD mere power 10 appropriate the money OF
their constituents to the construction OF this road
after the consent fthese States should be obtain
ed. The idea Of sovereign power in this Gov
eminent to make the road and TO exercise jutisdic-
ION over 1t, Tor the purpose Of keeping in repair
does not, then, appear 10 have entered the irna,i
nauon oil The warmest advocate for Federal pow
err The Federalism Of that day would have
shruDk with horror from such a spectre Thee
IS circumstance worthy Of remark in the ACT ~
the Legislature Of Pennsylvania, which uas 70
sed IN April, 1907, authorizing the pres,don, -,
the united states TO open this yoad u grants tbis
power upon condition, that the road sbouU mas
through Union Town & Washng ,on IL practicable.
ne ersnt was accepted upon this condition, and
,be road was constructed, Its leno,b ia ono bun
dred and thirty miles, and its construction and
IePsiIs nave cost the United States 81 766 1f6 30
sshSj whist the two per cent fund arising from
VIC SAFE Of public lands in Ohio, which we had
oounu ourselves 10 apply 10 this purpose, amounted,
on the oOh June, 1922, ihe date Of the last official
statement within my knowledge, only to the sum
arFr los f1,a~. Il