vading influence of the presidential election. Unless a movement here can elevate or depress the presidential thermometer, it falls upon inattentive and lifeless ears. The successful party momentarily rests from its violence when it has placed its favorite in the chair of state; and, reposing under his laurels, great patience is exhibited until his transcendent virtues shall rectify every abuse. Should the faithful be disappointed, the misfortune is attributed to the evil eye of their opponents, and the same dull round is again run over, of paltry excuses and miserable chicane. [H. of R. to the lot of most men, has had fortune buckled on his back, because the United States have most pertinaciously insisted upon making a harbor somewhere near his property. Now, sir, I do not complain of this. I rather urge it as an objection to a system which, in spite of all the honest endeavors of individuals to the contrary, has enriched and will continue to enrich them at the expense of the nation. If the surplus revenue be not distributed annually among the States, what will you do with it? The glorious work of destroying a general system of internal improvement has already been achieved; a few private jobs have alone escaped the general wreck, to keep up the flagging ardor of doubtful adherents. Í know of but one objection at this time to a permanent distribution of the surplus revenue among the States; (for I cannot believe that even the dotage of this absurd administration is prepared to plunge this nation at this time into the difficulties of another tariff discussion.) The real objection to a deposite of the money of the nation with the States arises from the extreme desire entertained by the Secretary of the Treasury and the party, of giving to the country a better currency; or, in other words, of enabling some great Bombastes Furioso to experiment upon the subject of gold. Let, us, then, by returning annually the surplus revenue to the people, strip the Federal Government of its great attraction, and lessen its power for evil; let us give to the community some inducement to examine and narrow down the expenses of this Government to the smallest sum which can possibly serve to keep the machine in motion. Since its corruptions are incurable, let us no longer deceive the people with idle projects of reform; let us strip the reeling prodigal of the means of pandering to his appetites, and starve him to sobriety. I sincerely believe some such plan as this is indispensably necessary to revive the chilled and slumbering affection of a large mass of the people of this country for the Federal Government. It is a fact notorious withBy regulating the currency is now meant the power of in the sphere of my observation, and one which it transferring the public funds about the country, so as to would be unwise to conceal, that there is no longer that suit the gambling speculations of those persons who have ardent and lively attachment to the Federal Government interest enough to be admitted into the secrets of the which once existed; there is a large mass of discontent party. I believe, however, the mass of the community throughout the community-a discontent not to be re- are now fully aware (if they were honest enough to admoved by ejaculations of union, issuing from the pam-mit it) that they have brought upon the country much pered slaves of power, but by a fair administration of the pecuniary distress, and committed an egregious folly, by Government. No party drill can forever proscribe the sustaining the many absurd attempts to improve, the cur virtue and talent of a community; they will eventually rency by which we have been lately annoyed. burst their cerements, and expose the miserable cheat which obscured them to the contempt and derision of the world. Let not gentlemen deceive themselves by supposing that this discontent arises from the adverse political fortunes of any individual; it is not so, sir. It arises from the belief that this Government always has been, and always will be, unfairly and partially administered. Whether it be that our constitution is one of those unfortunate instruments which cannot be correctly construed, or from the unimprovable condition of the Southern country, the. fact is, a large portion of the Southern people find themselves as they were at the Revolution, a proscribed and slandered people, with a Government alien to them in feeling, and administered adversely to their interests-a Government which, whilst it draws annually from an abused and derided population millions of money, yet, with a most culpable and cowardly imbecility, exposes that population not only to the insidious assaults of an implacable domestic enemy, but likewise to the open violence of a foreign foe. Return back to those who pay the larger part some portion of the money not essential to the administration of the Government, and you may go on in your disgust ing squabbles for the presidency; the people will be satisfied with this small approach to virtue; "If Rome be served, and glorious, Careless they by whom." To the Southern country the distribution of the surplus revenue offers the only practicable mode of obtaining any share whatever in the enormous appropriations of public money which are made at every session of Congress. From the geographical position of that country, and its peculiar constitutional opinions, (which, being honestly entertained, will not be easily abandoned,) there is but little spent among its population in those public works which absorb such vast sums. The western parts of New York are indented with harbors, made at the expense of the nation; the present Vice President, although embarrassed with as many constitutional scruples as fall The Bank of the United States, through its branches, operated as a great artery, by means of which the money of the nation, which was constantly accumulating in the city of New York, through your unequal commercial system, was distributed among the people of the Union; you have, however, cut off this supply; you have dammed up the money of the nation in the large cities, and unless there is an annual distribution, we in the remote parts of the country can hope for nothing but from the overflowings of their abundance. I hope, sir, I can mention the name of the Bank of the United States without destroying the composure of those gentlemen who are usually thrown into a sort of paroxysm of patriotic frenzy whenever that enemy to "life, liberty, or the pursuit of happiness," is incidentally alluded to; who cannot forgive the Bank of the United States for not having bowed down and worshipped the political Moloch of the day. To me it is matter of great joy that, amidst the general wreck of every thing valuable in the country, there has been found one institution bold enough to resist, and adroit enough to elude, the combined attack of vulgar ignorance and desperate malignity. I forbear discussing the objections which have been brought by the office-holders against any distribution of the surplus funds. Some take shelter behind your tattered and degraded constitution; others are afraid of corrupting the people; and, animated with that Roman virtue so common at Washington, as true and sturdy patriots, like ancient Curtius, they plunge into the abyss and corrupt themselves. There must be, for years to come, an immense surplus revenue-a revenue which the utmost ingenuity of the party has been, and will be, unable entirely to squander. The system of internal improvement by the Government is no more; the necessities of the times do not require large military appropriations; the tariff cannot be dis turbed without great individual embarrassment, and bringing upon the nation the charge of bad faith; why, then, should we hesitate to snatch from the irresponsible hands of the pet banks and the public officers money which does not belong to them, and which cannot be safely left with them? We have heard for years past, on this floor, the most extravagant adulation of the people and devotion to their interests; let us give a proof of our sincerity in the only way in which it can ever be tested. North Carolina has, in common with all the States, a deep interest in this question. She is now commencing a system of internal improvement which will entail upon her vast expenses. Where is she to procure the funds? She has surrendered to the General Government the customs, the only safe and profitable mode of public revenue; let us beware how we teach the people of the South to reflect whether they have received an adequate consideration for this most liberal bequest. Let us not, by our selfishness, by our cold insensibility to their claims, open their eyes to that inconsiderate liberality which gave to such a Government as this the entire profit upon their industry and their vast natural resources. Our institutions are based upon frugality, not only in the people, but likewise in their officers; our legislation has generated an unfortunate state of society, where the "auri sacra fames" controls every thing, extinguishes every generous and manly feeling, and condemns the hungry seeker after office, as well as the trembling placeman, to the humiliating confession that he cannot afford to be independent. If there is any one characteristic in the official profligacy which now pervades this country more alarming than another, it is the universal sycophancy and want of independence in those persons who pretend to lead public sentiment, from the humblest porter at the palace to him that has or he that hopes to get an office; there is but one requisite, one criterion of merit--blind, devoted attachment to an individual. It has become, of late years, quite the fashion, in certain circles, where a hatred of the slaveholders atones for every vice, both moral and political, to speak disparagingly of the South, on account of its slave population. In my humble opinion, the poorest as well as the meanest slave that ever toiled in a Southern swamp, under a Southern sun, ay, sir, and under the lash of a legal Southern master, is an animal more to be respected, less needing the "labor of love" of your crazy philanthropists, than one of your puppet Secretaries, who is obliged to permit any man on earth, whether that man is vain enough to believe himself born to command, or a mere scullion of the kitchen, to tell him he is "free to entertain an opinion." The one, benighted in mind, is the honest and faithful servant of a lawful master-of a master by whose bounty he is fed, and to whom he is attached by the recollections of childhood and the best feelings of our nature; the other, surrounded by civilization, by liberty, and science, is a slave from choice, a prostitute from principle-a slavery worse than Egyptian bondage, for it is a slavery of the mind. Can you tell me, Mr. Speaker, what is this thing they call love of party, which so much surpasses the "love of woman?" I have heard of the love a poet bears his muse, the adoration a lover feels towards his mistress, and the devotion of a patriot for his country; but I confess I have not sufficient knowledge of the Lex Parlia mentaria to understand this love of party. Is it similar to the spirit of patriotism? Not at all! for it is a spirit hostile to the mass of the community, based upon selfishness, and leading its votaries by the hope of plunder. It is a spirit that confounds, in the breasts of the few honest who submit to its degrading influence, all just discrimination between right and wrong, and proscribes from its service all those who will not tame their nature down to do its dirty bidding. [DEC. 21, 1836. "For he must serve, who fain would sway, A mighty thing amongst the mean; and such It was once supposed (perhaps it was an error of our ancestors) that honor was the quickening principle of monarchies, virtue of republics; and that those who min. istered to the vestal flame should at least possess a spark of its purity. Not a virtue content to dwell in decencies forever, but a virtue that regarded political apostacy equally infamous with private dishonor; a virtue too pure, united to a soul too proud of filling situations of constant uneasiness and uncertainty, of exhibiting to the world the melancholy spectacle of a high republican functionary willing to be honest, yet afraid to avow it, who, when called upon for his opinion upon matters of great national importance, in the morning said ay, sir; and at noon said no, sir. Yet these things have happened almost daily, and not excited our special wonder.* Since, then, the seductions of your Government are too great for poor human nature, let us return to the poverty and simplicity of our ancestors; let us remove a temptation which cannot be resisted, and the road to office will again become the path of duty and of honor. It was my intention, at one time, to refer this petition to the Committee of Ways and Means, with instructions to bring in a bill in conformity with the prayer of the petitioners. Upon reflection, I will not do so; I will let the petition go untrammelled to the committee, and whatever there may be of good issuing from them may perhaps suffice. I prefer this course, because, of the two propositions which have heretofore been submitted to this House, I decidedly prefer the bill for distributing the proceeds of the sales of the public lands; it is less objectionable in principle, and gives equal justice to all parts of the Union. That this most just measure should have met so much hostility is to me matter of great amazement. Perhaps it owes its poor success to the misfortune of being the offspring of a justly distinguished American statesman. If the Committee of Ways and Means would have it rebaptized with some of the cant names of the day, it has merit enough to become even one of the pets of the party. To those gentlemen who are really desirous of wresting from this Government its means of bribery and corruption, I would suggest the propriety of surrendering individual preferences, and adopting any measure which can possibly aid this holy cause, which can elevate the tone of sentiment and feeling among the people, or can give them juster views of their rights and their duties; otherwise, the reign of misrule will be a perpetual succession, in defiance of the continual stirring of the filth of Washington. THE GENERAL POST OFFICE. The following message was received from the President of the United States: To the Senate and House of Representatives: GENTLEMEN: Herewith I transmit you a report of the Postmaster General, and recommend the passage of such laws and the making of such appropriations as may be necessary to carry into effect the measures adopted by him for resuming the business of the Department under his charge, and securing the public property in the old Post Office building. It is understood that the building procured for the temporary use of the Department is far from being fireproof, and that the valuable books and papers secured from the recent conflagration will there be exposed to * Vide Ex-Secretary Duane's description of a cabinet consultation. similar dangers. I therefore feel it my duty to recom mend an immediate appropriation for the construction of a fire-proof General Post Office, that the materials may be obtained within the present winter, and the building erected as rapidly as practicable. ANDREW JACKSON. DECEMBER 20, 1836. Document accompanying the President's message. POST OFFICE DEPARTMENT, December 20, 1836. SIR: On the morning of the 15th instant, I performed the painful duty of reporting to you orally the destruction of the General Post Office building by fire, and received your instructions to inquire into the cause and extent of the calamity, for the purpose of enabling you to make a communication to Congress. A few hours afterwards I received, through the chairman of the Committee on the Post Office and Post Roads of the House of Representatives, an official copy of a resolution adopted by that House, instructing the committee to institute a similar inquiry, and the chairman asked for such information as it was in my power to give. The investigation directed by you was thus rendered unnecessary. The corporation of the city of Washington, with honorable promptitude, offered the Department the use of the west wing of the City Hall, now occupied by the Mayor and Councils and their officers, and the officers of the Chesapeake and Ohio Canal Company. The proprietors of the Medical College also tendered the use of their building, on E street, and offers were made of several other buildings in the central parts of the city. An examination was made of such as promised by their mag. nitude to afford sufficient room for the force employed in the Department, but none were found equal, in the commodiousness of their interior structure and abundant room, to Fuller's hotel, opposite the buildings occu pied by the Treasury Department, on Pennsylvania Avenue. That building has been obtained on terms which the accompanying papers will fully exhibit. The business of the Department will be immediately resumed in that building. The agreement with Mr. Fuller will make necessary an immediate appropriation by Congress, and upon that body will devolve also the duty of providing for the payment of the rent, if they shall approve of the arrange. ment. In the mean time, steps have been taken to secure all that is valuable in the ruins of the Post Office building, and to protect from the weather the walls of so much of it as was occupied by the General Post Office, which stands firm. The Department has no fund at command, out of which the services necessary in the accomplishment of the objects can be paid for, nor has it the means to replace the furniture which has been lost, and must be immediately obtained to enable the clerks to proceed with their current business. These facts I deem it my duty to report to you, that you may recommend to Congress such measures thereupon as you may deem expedient. With the highest respect, your obedient servant, To the PRESIDENT OF THE UNITED STATES. On motion of Mr. SHIELDS, the message and accompanying documents were referred to the Committee on the Post Office and Post Roads, and ordered to be printed. After the presentation of various petitions and memorials, Mr. BELL, from the Committee on Indian Affairs, [H. of R. reported a bill to regulate, in certain cases, the disposi- Mr. CAMBRELENG, from the Committee of Ways A bill making appropriations for the payment of the revolutionary and other pensioners of the United States for 1837; A bill making appropriations for the naval service for 1837; A bill making appropriations for the support of the army for the year 1837; A bill making appropriations for certain fortifications of the United States for the year 1837; A bill making appropriations for the current expenses of the Indian department, and for fulfilling treaty stipu lations with the various Indian tribes, for the year 1837; Which said bills were severally read, and referred to the Committee of the Whole House on the state of the Union. WEST POINT ACADEMY. The business next in order was the motion, submitted yesterday by Mr. D. J. PEARCE, to reconsider the vote by which a resolution heretofore offered, authorizing the select committee appointed on the affairs of this institution to visit the same, for the purposes of their investigation, had been laid on the table. Mr. WARD said he should vote in favor of reconsideration, and before doing so he wished to state his reasons to the House. He regretted that the House should have raised a select committee at all on this sub. ject; but inasmuch as the House had done so, and the committee had been appointed, he was clearly of opin ion that the House should accord to them the privileges they desired. It was the wish of the committee either that all or a portion of their number should have an opportunity to get information which they considered important to the successful issue of their investigation. At It would be in the recollection of every member of this House that this question had been brought up for their consideration for several years in succession. one time the subject had been referred to the Committee on Military Affairs; that committee, by their chairman, presented a report, which he considered unanswerable. The gentlemen, however, who were opposed to that institution, were not satisfied with the vote then taken, and had brought the matter before Congress every session, and at length a select committee had been ap pointed, not only to inquire into what they alleged to be abuses, but into the expediency of abolishing the institution altogether. That committee had made what he had no doubt was a very able report, but it had never been printed. It had been suggested to him that if that report was printed it might possibly throw all the light upon the subject that was necessary. He, for one, was entirely willing to indulge the committee in their request, because he was of opinion that, however prejudiced the gentlemen composing it might now be against that institution, when they gave to it a personal examination they would return to this House with very different impressions, and that they would be entirely satisfied that it was an institution which ought to be sustained by the country. With this view it was that he should now record his vote in favor of the motion for reconsideration; and that, if that motion prevailed, he should then vote for the adoption of the resolution. The members of that House all knew that, H. OF R.] Executive Administration-Cumberland Road. for several years past, the federal Executive had selected gentlemen as a board of visiters to examine into that institution, amongst whom there had been some who were strongly prejudiced against it; and yet he believed that, with one exception in the case of a gentleman from Ohio, not one of these visiters, after that examination, had raised his voice against the Academy. He (Mr. W.) would not detain the House with any general observations at this time, but he took this opportunity to state that one of the most distinguished officers of the army of the United States, alluding to this institution in the course of a conversation with him, (Mr. W.,) had made the remark, "that it was his opinion that the institution was better calculated to keep alive the military spirit of the country than any other that existed; and that he would rather himself leave the service forever, and see the army disbanded, than he would see that institution abolished." But it struck him (Mr. W.) that the officers of the army would have great reason to apprehend that they were not the favorites of Congress, judging, at least, from the course which Congress had pursued towards them for several years past. At a previous session, when a bill was brought in to equalise the pay of the officers of the army and navy, it had been expected that the bill would become a law; but, instead of that, a bill passed to increase the pay of the officers of the navy only, leaving out the officers of the army, and thus discouraging the latter from believing that they had any thing to expect at the hands of Congress. The principle of equalising the pay of the army and navy (said Mr. W.) was both just and equitable; and the passage of such a law would have been attended with the best consequences to the officers of both these branches of the service. Their pay being equal, they would be able to act on duty together without any lurking feeling of injustice or jealousy; and he hoped that, at no distant date, such a bill would receive the approbation of Congress. In conclusion, Mr. W. remarked that, as he had heretofore raised his voice in favor of the Military Academy at West Point, and as he had not the slightest apprehension as to the result of any scrutiny into its affairs, he was willing that the committee should go there. He believed that their visit would be productive of good, and he would tell them now, that if they should discover any abuses, he would go all lengths with them in the work of reform. But the abolition of the institution was an idea which he could not for a moment entertain. Mr. JARVIS said he did not rise to enter into any debate, his object being rather to arrest it. He might have a few words to say hereafter, but he moved now to lay the resolution on the table. Mr. VANDERPOEL said that, as all the attraction seemed at present to be in the other end of the building, he would move for a call of the House; and, on that motion, he called for the yeas and nays; which the House refused to order. And the question on the motion for a call of the House was then taken, and decided in the negative. So the House refused to order the call. Mr. VANDERPOEL then called for the yeas and nays on the motion to lay the resolution on the table; which were ordered, and, being taken, were: Yeas 86, nays 77. So the resolution was laid on the table. EXECUTIVE ADMINISTRATION. The House resumed the consideration of the resolution heretofore offered by Mr. WISE, proposing the appointment of a select committee to inquire into the administration of the executive departments, together [DEC. 22, 1836. with the amendment offered thereto by Mr. D. J. PEARCE, proposing to confine the inquiry to specific acts of male-administration. Mr. LANE addressed the House for upwards of an hour, in opposition to Mr. WISE's resolution. And then, on motion of Mr. HOWELL, The House adjourned. THURSDAY, DECEMBER 22. CUMBERLAND ROAD. The first business in order was the resolution of the State of Illinois, in relation to the locating of the national road in Illinois, so as to cause it to pass through Alton, presented on a former day by Mr. REYNOLDS, of that State. Mr. REYNOLDS rose and addressed the House as follows: Mr. Speaker: I am sorry that I am compelled, by a sense of duty, to address the House on this subject, which, I fear, is not very interesting to my friends, the members of this House; and I cannot promise them, in my remarks, any thing like eloquence or oratory, that will be entertaining to them. This is a subject of great interest and importance to the whole State of Illinois, and particularly to the district which I have the honor to represent on this floor. Its interest to the people is the reason I now address you. The preamble and resolutions now under consideration were adopted by the General Assembly of the State by a unanimous vote. The State has assumed the principles and doctrines of State rights, which I consider are constitutional and correct, and such as can be maintained and demonstrated on a proper exposition of the constitution of our Government. Without further comment or preface, I will read the preamble and resolutions which passed the Legislature of the State of Illinois by a unanimous vote. "Whereas it is the opinion of the Legislature of the State of Illinois, now in session, that the route which the national road should pursue, if extended so as to cross the Mississippi river at the town of Alton, would be in entire accordance with its ultimate destination, the capital of the State of Missouri; would be more advantageous to the commercial and agricultural interests of this State, and afford to her inhabitants, and those of her sister States, a more direct and convenient chain of intercommunication than any other route; and whereas the passage of said road across the Mississippi river at St. Louis would not only be highly detrimental to the pros. perity of this State, but in violation of her just pretensions and of her rights of sovereignty, contrary to the avowed policy of the General Government, ard in open defiance of those principles of even-handed justice and impartiality which have characterized her dealings with other States, in relation to this matter: "Therefore, be it resolved by the General Assembly of the State of Illinois, That the consent of the State of Illinois is hereby given to the Federal Government to extend the national road through the territory of said State, so as to cross the Mississippi river at the town of Alton, in said State, and at no other point. "Resolved, That our Senators in Congress be instructed, and our Representatives requested, to use their best exertions to procure the passage of a law authorizing the survey of the route from Vandalia to Jefferson city, by the way of Alton, and for the continuation of the national road upon said route.” It will be perceived, by every member of this House, that this resolution presents a subject of much importance, and one on which various opinions have been entertained. This subject being new, and of difficult solution, I have the same pleasure in presenting it to this learned and intelligent assembly as the celebrated per sonage of antiquity had in defending himself before King Agrippa. St. Paul said that he was "happy to have the privilege to address a judge who was learned in all the laws and customs of the Jews." So do "I think myself happy" to have the honor to present this subject before an assembly that are intelligent, and learned in the laws and constitution of their country. It is a principle acknowledged by all constitutional lawyers and constitutional writers, that the Congress of the United States possess no power of action further than is expressly given them by the constitution; and, on an attentive and careful examination of that instrument, it will be found that there exists no power in Congress to force on a State such improvements as are contemplated by this national road. I would ask any gentleman in this House, if he would vote for an improvement of the country, such as the national road is, contrary to the express will and consent of the State in which the road was to be located? I do not believe there can be a case found in the history of this Government, where the General Government has forced on a State, contrary to the will and consent of the State, a road, or any such improvement. The United States possess the power to make all necessary roads for her military operations. This power arises from her exclusive and constitutional authority over the subject of war and all its consequences. The national road which is now under consideration is not pretended to be a military road, or in any manner connected with the military operations of the Govern ment. The constitution of the United States expressly authorizes Congress "to establish post offices and post roads." Congress, having the constitutional authority and jurisdiction over this subject, must, as a necessary consequence, have the the power to "establish" post routes or post roads. The Congress, at their last session, established a great many post roads all over the Union. This is the establishment which, in my opinion, is contemplated by the constitution, and not the making of a road such as the national road is. It would not be scriously contended by any one, that, under the provisions of the constitution on this subject, Congress would be bound, or would have the constitutional competency, to make and cut out a road wherever they establish a post route. The national road is, in fact, no more a post road than it is a military road; and, consequently, the General Government, under the provisions of the constitution, have no power to force it on the States. If Congress possess the power, without the consent of the States through which this road passes, to make and open it in the States, then it must follow, as a matter of necessity, that Congress also possess the power to keep these roads in repair; and, in order to do this, they must establish toll gates and toll collectors on them. They must also possess the jurisdiction and control over them; and, consequently, must establish courts, and appoint officers, to enforce the acts of Congress, in the exercise of their jurisdiction over them. If Congress have the power, without the consent of the States, to make these roads, they must exercise all the jurisdiction and power above enumerated, in exclusion of the State authorities. This must be the necessary consequence, if they have the power, in the first instance, to make the roads. I believe that there is no American citizen who would be willing to see the United States assume and exercise the exclusive jurisdiction and control over these national improvements, and deprive the States of their constitution. al sovereignty and rights within the limits of their own territory. I have heard intelligent gentlemen contend, that if the United States had the power to make the national road at all, they would have it as well without as with the consent of the States through which the road may pass. [H. OF R. I consider this position to be without foundation, and untenable. A State has the power and right to admit any individual or set of men to expend their money in the State, in such way or manner as the State may think proper and right. We see companies frequently incorporated by State authority to make roads, canals, and such improvements. They act under the authority of the State. They may be considered the agents or servants of the State, as they act under the control and laws of the State, and not by their own authority. In the same manner, when the State gives her consent to the General Government to make a road within the limits of the State, the United States acts not by its own authority, but by the power and authority delegated to it by the State Government. The General Government act under the authority of the State, and, like all other agents, can not transcend the power given. This view of the subject is demonstrated by an act of the General Assembly of the State of Maryland, passed in November, 1802, which is in the following words, to wit: "That this State do hereby give and grant their full approbation and consent that the Congress of the United States may appropriate, towards repairing and keeping in repair the post roads, or any one or more of them, within this State, such sum or sums of money as they in their wisdom may deem right, and to lay out and apply the same to said purpose, in any manner they by law direct: Provided, That nothing herein contained shall extend, or may be construed to extend, to autho. rize Congress to pass any law for the changing the direction of the roads, or any of them, as now established, or to authorize them to pass a law for the opening of a new road." The above-recited act gives a construction to the constitutional power of Congress, and demonstrates the position that Congress is governed in its action on this subject by the authority of the State Government. This view of the subject is also fortified by Congress transferring the national road to the States east of the Ohio, through which the road passes. Congress, by this act, disclaims the jurisdiction and exclusive control over this road, and transfers all her claim to it to the respective States in which it is located. This is an acknowledgment that the General Government had not the power or jurisdiction over this improvement, to the exclusion of the State Governments. It is a principle, acknowledged by all, that the construction and exposition given to a law or to a constitution, at or near the time the law or constitution was made, is of greater force and validity than a construction given at any other time. In 1806, which is not a great length of time after the constitution of the United States was adopted, an act of Congress passed on this very subject, and gave a construction to that instrument. This is the first act which was passed on the subject, and it is the act that estab lished the Cumberland or national road. I will read to you, Mr. Speaker, a part of the act of Congress, which requires the President of the United States to obtain the consent of the State through which this road was to be located. Commissioners were to be appointed by this act; and, on their report, the duty of the President is prescribed in the following act of Congress, to wit: "Which report the President is hereby authorized to accept or reject, in the whole or in part. If he accepts, he is hereby further authorized and requested to pursue such measures as in his opinion shall be proper, to obtain consent, for making the road, of the State or States through which the same has been laid out; which consent being obtained, he is further authorized to take prompt and effectual measures to cause said road to be made through the whole distance, or in any part or parts |