The Act of April 30th, 1824, referred to in the bill, and in the amendment, is in the following words.

"An Act to procure the necessary Surveys, Plans, and Estimates, upon the subject of Roads and Canals.

"Sect. 1. Be it enacted, &c. that the President of the United States is hereby authorised to cause the necessary surveys, plans, and estimates, to be made, of the routes of such Roads and Canals as he may deem of national importance, in a commercial or military point of view, or necessary for the transportation of the Mail; designating, in the case of each canal, what parts may be made capable of sloop navigation. The surveys, plans, and estimates, for each, when completed, to be laid before Congress.

"Sect. 2. And be it further enacted, that, to carry into effect the objects of this act, the President be, and he is hereby authorised, to employ two or more skilful civil engineers, and such officers of the corps of engineers, or who may be detailed to do duty with that corps, as he may think proper; and the sum of thirty thousand dollars be, and the same is hereby appropriated, to be paid out of any moneys in the Treasury not otherwise appropriated." In the following years, 1825, 1826, and 1827, appropriations had been made, for the further execution of the powers conferred on the President by this law.

At the session of 1827-28, a petition was pending before both Houses of Congress for the erection of a Breakwater at Nantucket, in regard to which a survey had been made, by the Engineer Department, the preceding summer.

The amendment, proposed by the Senate to the bill from the House, was regarded by the friends of internal improvement, as hostile to that whole system. For this reason, and on this ground, as well as others, it was opposed. Mr. WEBSTER's speech, delivered on this occasion, has never been printed, as far as the publishers of this volume can learn. They have obtained, however, the Reporter's notes, from which the following sketch is made. They have felt the more desirous of adding this speech, though in a very imperfect form, to their collection, from the interesting facts which it affords, relative to the Nantucket whale fishery; for which, we are requested to say, the author was chiefly indebted to the Honorable Mr. Burnell, of Nantucket, a member of the Senate of Massachusetts.

MR. WEBSTER said, the true question before the Senate, was, as he had stated before, whether the law of April 1824 should be effectually repealed, and all further proceedings under it stayed. That law would not execute itself. Without appropriations to carry on its purpose and effect, it must be a dead letter. It is now proposed to declare, that nothing shall be appropriated to any surveys, except those already begun. In other words, that the whole system of internal improvements shall be arrested, and stop where it is. I do not, Mr. President, say that this is an unfair object. Those who deny to the government the power of making internal improvements, and we know there are such, naturally wish to restrain the exercise of the power, and prevent it altogether. On this question, public men divide; and the general opinion of the community must ultimately settle it, one way or the other.

The law of 1824 was passed to avoid the necessity of particularizing, by law, every survey which should be made by the authority of the government. It referred the subject of these preliminary surveys, within certain defined limits and restrictions, to the executive. From that time the work has gone on, in that manner, under annual appropriations. This amendment is an act of hostility aimed at the whole system. It goes on grounds which lie against all such measures, under all circumstances. It was not his intention, Mr. Webster said, to go far into the general subject at present.

It was well known that the idea of aiding in works of internal improvement, was seriously brought forward in Mr. Gallatin's Report in 1809. Events, occurring in the five or six following years, withdrew attention from the subject, but it was revived, with new zeal, and under new auspices, after the peace.

He had himself, Mr. Webster said, been in favor of exercising the power, from the first time he came into Congress, and his opinion was not altered. He saw evidently now existing, a spirit of hostility to these undertakings by government, and as he had already said, it must be ultimately decided by the people themselves.

He should not have troubled the Senate on this occasion, but for a single occurrence. The honorable member from South Carolina, (Mr. Smith,) in opposing the whole system, had commented on some of the plans and projects, for which the aid of government was now solicited. Among others, he alluded to the improvements contemplated near Nantucket, by a Breakwater. The honorable member seemed to think very lightly of this, both with regard to its practicability and its importance. He (Mr. W.) professed to know no more of the former than the surveys had taught him, but he was well informed by competent judges, that the latter was not likely to be overrated. A vast commerce passes through the sound between the Island of Nantucket and the continent. If an artificial harbour be necessary for the accommodation and safety of this commerce, the estimated expense is not out of proportion to the magnitude of the object. The gentleman from South Carolina had said, that near two millions of dollars had been expended on the Cumberland road. He (Mr W.) did not mean to underrate the value of that great line of communication and transportation, but if we look to the amount of transportation through the sound, we shall find it very far surpassing that of the road. A vast coasting trade plies through this sound, which is a sort of defile, a narrow passage, obstructed with rocks and shoals, and deficient in convenient and safe harbours. The anchoring of a floating light vessel in the sound, had furnished the means of ascertaining the number of vessels which passed through it annually; and perhaps some members will be surprised to hear, that that number does not fall short of 16,000. Nantucket itself, said Mr. W. is a very striking and peculiar portion of the national interest. There is a population of eight or nine thousand persons, living here in the sea, adding largely every year to the amount of national wealth by the boldest and most persevering industry. They have been twice reduced to the very verge of ruin, and yet have recovered by new efforts and untiring toil. In 1775, when Mr. Burke, in his speech in the house of commons, on the resolutions for conciliation with the American Colonies, alluded, in such terms of eulogy, to the Nantucket whale fishery, there were 150 ships engaged in that trade, and spread over every quarter of the ocean. There were employed upwards of two thousand men. They were even then "found among the tumbling mountains of ice, and penetrating into the deepest frozen recesses of Hudson's Bay and Davis's Straits. Again, they pierced into the opposite region of polar cold, and were at the antipodes engaged under the frozen serpent of the South. Places which seemed too remote, and

NOTE 2.

Extract from Mr. Calhoun's Speech, on Mr. Randolph's motion to strike out the minimum valuation on Cotton Goods, in the House of Representatives, April, 1816.

"The debate, heretofore, on this subject, has been on the degree of protection which ought to be afforded to our cotton and woollen manufactures; all professing to be friendly to those infant establishments, and to be willing to extend to them adequate encouragement. The present motion assumes a new aspect. It is introduced, professedly, on the ground that manufactures ought not to receive any encouragement; and will, in its operation, leave our cotton establishments exposed to the competition of the cotton goods of the East Indies, which, it is acknowledged on all sides, they are not capable of meeting with success, without the proviso proposed to be stricken out by the motion now under discussion. Till the debate assumed this new form, he determined to be silent ; participating as he largely did, in that general anxiety which is felt, after so long and laborious a session, to return to the bosom of our families. But on a subject of such vital importance, touching as it does, the security and permanent prosperity of our country, he hoped that the House would indulge him in a few observations.

"To give perfection to this state of things, it will be necessary to add, as soon as possible, a system of internal improvements, and, at least, such an extension of our navy, as will prevent the cutting off our coasting trade. The advantage of each is so striking, as not to require illustration, especially after the experience of the late war.

"He firmly believed that the country is prepared, even to maturity, for the introdurtion of manufactures. We have abundance of resources, and things naturally tend, at this moment, in that direction. A prosperous commerce has poured an immense amount of commercial capital into this country. This capital has, till lately, found occupation in commerce; but that state of the world which transferred it to this country, and gave it active employment, has passed away, never to return. Where shall we now find full employment for our prodigious amount of tonnage? Where markets for the numerous and abamtant products of our country! This great body of active capital, which, for the moment, has found sufficient employment in supplying our markets, exhausted by the war, and measures preceding it, must find a new direction: it will not be idle. What channel can it take, tot that of manufactures? This, if things continue as they are, will be its direction. It will introduce an era in our affairs, in many respects highly advantageous, and ought to be countenanced by the government. Besides, we have already surmounted the greatest citaculty that has ever been found in undertakings of this kind. The cotton and woollen masufactures are not to be introduced-they are already introduced to a great extent; free.ng us entirely from the hazards, and, in a great measure, the sacrifices experienced in giving the capital of the country a new direction. The restrictive measures, and the war, though not intended for that purpose, have, by the necessary operation of things, turned a large amount of capital to this new branch of industry. He had often heard it said, both in and out of Congress, that this effect alone, would indemnify the country for all its losses. So high was this tone of feeling, when the want of these establishments was practically felt, that he remembered, during the war, when some question was agitated respecting the introdu tion of foreign goods, that many then opposed it on the ground of injuring our mandar tures. He then said, that war alone furnished sufficient stimulus, and perhaps too much, as it would make their growth unnaturally rapid; but that, on the return of peace, it would then be time to show our affection for them. He, at that time, did not expect an apathy and aversion to the extent which is now seen. But it will no doubt be said, if they are so far established, and if the situation of the country is so favorable to their growth, where is the necessity of affording them protection? It is to put them beyond the reach of contin gency.

It has been further asserted that manufactures are the fruitful cause of pauperism; and England has been referred to, as furnishing conclusive evidence of its truth. For his part, br could perceive no such tendency in them, but the exact contrary, as they furnished new stra lus and means of subsistence to the laboring classes of the community. We ought not ta at the cotton and woollen establishments of Great Britain for the prodigious numbers of pour with which her population was disgraced; causes much more efficient exist. Her por laws, and statutes regulating the prices of labor, with taxes, were the real causes. Ba a it must be so; if the mere fact that England manufactured more than any other country, explained the cause of her having more beggars, it is just as reasonable to refer her coura”. spirit, and all her masculine virtues, in which she excels all other nations, with a single eception-be meant our own-in which we might, without vanity, challenge a preemiat Another objection had been, which he must acknowledge was better founded, that capmak employed in manufacturing produced a greater dependence on the part of the empares, than in commerce, navigation, or agriculture. It is certainly an evil, and to be regeant, but he did not think it a decisive objection to the system; especially when it had in mental political advantages, which, in his opinion, more than counterpoised it. It proud a

interest strictly American, as much so as agriculture, in which it had the decided advantage of commerce or navigation. The country will, from this, derive much advantage. Again: it is calculated to bind together more closely our widely spread republic. It will greatly increase our mutual dependence and intercourse; and will, as a necessary conse quence, excite an increased attention to internal improvements, a subject every way so intimately connected with the ultimate attainment of national strength, and the perfection of our political institutions.”

Extracts from the Speech of Mr. Calhoun, April, 1816-On the Direct Tax.

"In regard to the question, how far manufactures ought to be fostered, Mr. C. said, it was the duty of this country, as a means of defence, to encourage the domestic industry of the country, more especially that part of it which provides the necessary materials for clothing and defence. Let us look to the nature of the war most likely to occur. England is in the possession of the ocean. No man, however sanguine, can believe that we can deprive her soon, of her predominance there. That control deprives us of the means of maintaining our army and navy cheaply clad. The question relating to manufactures must not depend on the abstract principle, that industry left to pursue its own course, will find in its own interest all the encouragement that is necessary. I lay the claims of the manufacturers entirely out of view, said Mr. C.; but, on general principles, without regard to their interest, a certain encouragement should be extended, at least to our woollen and cotton manufac

tures.

"This nation," Mr. C. said, "was rapidly changing the character of its industry.When a nation is agricultural, depending for supply on foreign markets, its people may be taxed through its imports, almost to the amount of its capacity. The nation was, howerer, rapidly becoming, to a considerable extent, a manufacturing nation."

To the quotations from the speeches and proceedings of the Representatives of South Carolina, in Congress, during Mr. Monroe's administration, may be added the following extract from Mr. Calhoun's report on roads and canals, submitted to Congress on 7th of January, 1819, from the Department of War:

"A judicious system of roads and canals, constructed for the convenience of commerce, and the transportation of the mail only, without any reference to military operations, is itself among the most efficient means for the more complete defence of the United States." Without adverting to the fact that the roads and canals which such a system would require, are, with few exceptions, precisely those which would be required for the operations of war; such a system, by consolidating our union, increasing our wealth and fiscal capacity, would add greatly to our resources in war. It is in a state of war when a nation is compelled to put all its resources, in men, moncy, skill, and devotion to country, into requisition, that its government realizes in its security, the beneficial effects from a people made prosperous and happy by a wise direction of its resources in peace.

Should Congress think proper to commence a system of roads and canals, for the more complete defence of the United States,' the disbursements of the sum appropriated for the purpose might be made by the Department of War, under the direction of the President. Where incorporate companies are already formed, or the road or canal commenced, under the superintendence of a state, it perhaps would be advisable to direct a subscription on the part of the United States, on such terms and conditions as might be thought proper."

NOTE 3.

The following resolutions of the legislature of Virginia, bear so pertinently and so strongly on this point of the debate, that they are thought worthy of being inserted in a note, especially as other resolutions of the same body are referred to in the discussion. It will be observed that these resolutions were unanimously adopted in each House.

VIRGINIA LEGISLATURE.

Extract from the Message of Gov. Tyler, of Virginia, Dec. 4, 1809.

“A proposition from the state of Pennsylvania is herewith submitted, with Governor Suyder's letter accompanying the same, in which is suggested the propriety of amending the constitution of the United States, so as to prevent collision between the government of the union and the state governments."

HOUSE OF DELEGATES, Friday, December 15, 1809

On motion, Ordered, That so much of the Governor's communication as relates to the communication from the governor of Pennsylvania, on the subject of an amendment, proposed by the legislature of that state, to the constitution of the United States, be referred to Messrs. Peyton, Otey, Cabell, Walker, Madison, Holt, Newton, Parker, Stevenson, Randolph (of Amelia,] Cocke, Wyatt, and Ritchie.-Page 25 of the Journal.

Thursday, January 11, 1810,

Mr. Peyton, from the committee to whom was referred that part of the governor's communication which relates to the amendment proposed by the state of Pennsylvania, to the constitution of the United States, made the following report:

The committee to whom was referred the communication of the governor of Pennsylvania, covering certain resolutions of the legislature of that state, proposing an amendment of the constitution of the United States, by the appointment of an impartial tribunal to deride disputes between the States and Federal Judiciary, have had the same under their consideration, and are of opinion, that a tribunal is already provided by the constitution of the United States, to wit: the Supreme Court, more eminently qualified, from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid, in an enlightened and impartial manner, than any other tribunal which could be created.

The members of the Supreme Court are selected from those in the United States who are most celebrated for virtue and legal learning, not at the will of a single individual, but by the concurrent wishes of the President and Senate of the United States; they will, therefore, have no local prejudices and partialities. The duties they have to perform, lead them, necessarily, to the most enlarged and accurate acquaintance with the jurisdiction of the Federal and State Courts together, and with the admirable symmetry of our government. The tenure of their offices enables them to pronounce the sound and correct opinions they may have formed, without fear, favor, or partiality.

The amendment to the constitution proposed by Pennsylvania, seems to be founded upon the idea that the Federal Judiciary will, from a lust of power, enlarge their jurisdiction, to the total annihilation of the jurisdiction of the state courts; that they will exercise their will, instead of the law and the constitution.

This argument, if it proves anything, would operate more strongly against the tribunal proposed to be created, which promised so little, than against the Supreme Court, which, for the reasons given before, have everything connected with their appointment calculated to ensure confidence. What security have we, were the proposed amendment adopted, that this tribunal would not substitute their will and their pleasure in place of the law? The Judiciary are the weakest of the three departments of government, and least dangerous to the political rights of the constitution; they hold neither the purse nor the sword; and, even to enforce their own judgments and decisions, must ultimately depend upon the Executive arm. Should the Federal Judiciary, however, unmindful of their weakness, unmindful of the duty which they owe to themselves and their country, become corrupt, and transcend the limits of their jurisdiction, would the proposed amendment oppose even a probable barrier in such an improbable state of things?

The creation of a tribunal, such as is proposed by Pennsylvania, so far as we are able to form an idea of it, from the description given in the resolutions of the legislature of that state, would, in the opinion of your committee, tend rather to invite, than to prevent, cousin between the Federal and State Courts. It might also become, in process of time, a str and dangerous embarrassment to the operations of the general government.

Resolved, therefore, That the legislature of this state do disapprove of the attendines to the constitution of the United States, proposed by the legislature of Pennsylvania. Resolved, also, That his excellency the governor, be, and he is hereby, requested ta transmit forthwith, a copy of the foregoing preamble and resolutions, to each of the seators and representatives of this state in Congress, and to the executive of the several states in the union, with a request that the same be laid before the legislatures thereof. The said resolutions being read a second time, were, on motion, ordered to be referred to a committee of the Whole House on the state of the Commonwealth.

Tuesday, January 23, 1810.

The House, according to the order of the day, resolved itself into a Committee of the Whole House on the state of the Commonwealth, and after sometime spent thereis, Mr. Speaker resumed the chair, and Mr. Stanard, of Spottsylvania reported that the comic had, according to order, had under consideration the preamble and resolutions of the set committee, to whom was referred that part of the governor's communication which relates to the amendment proposed to the constitution of the United States, by the legislature of Pea sylvania, had gone through with the same, and directed him to report them to the loan without amendment; which he handed in at the clerk's table.

And the question being put on agreeing to the said preamble and resolutions, they were agreed to by the House unanimously.

Ordered, That the clerk carry the said preamble and resolutions to the Senate, and as

sire their concurrence.

IN SENATE Wednesday, January 24, 1810. The preamble and resolutions on the amendment to the constitution of the United St proposed by the legislature of Pennsylvania, by the appointment of an impartial triba. 10