The Old Pike. Thomas B. Searight
in the treasury, and in the hands of the receiver of public moneys, applicable to that object; and (3) an estimate of the probable amount of moneys that will accrue to the fund within the two succeeding years.
I have the honor to be, very respectfully, sir, your obedient servant,
JEREMIAH MORROW.
To the Hon. Secretary of the Treasury.
TENTH CONGRESS—SECOND SESSION.
Cumberland Road.
Communicated to the House of Representatives, February 16, 1809.
Treasury Department, Dec. 29, 1808.
Sir: In answer to your letter of the 22d instant. I have the honor to state, for the information of the committee:
1st. That the unexpended balance of the appropriation, made by the act of March 29, 1806, for opening a road from Cumberland, on the Potomac, to the river Ohio, amounts to $16,075.15; part of which sum will probably be wanted in order to complete the location and opening of the road. It is probable that about $13,000 will remain applicable to making the road.
| 2dly. That the total amount received, either at the treasury, or by the receivers of public moneys on account of roads, and calculated at the rate of 5 per cent, of the net proceeds of the sales of lands in the State of Ohio, subsequent to the 30th day of June, 1802, was, on the 30th day of September last | $104,692 |
| leaving, if that mode of calculating be correct, and after deducting the sum appropriated by the above mentioned act | 30,000 |
| a sum applicable to the road of | $ 74,692 |
| in addition to the above mentioned unexpended balance of | 16,075 |
| and making together a sum of | $ 90,767 |
| But if the amount applicable to roads be calculated at the rate of 2 per cent. only, on the net proceeds of the sales of lands, this will, on the 30th of September last, have produced only | $ 41,876 |
| from which, deducting the appropriation of | 30,000 |
| leaves an unappropriated balance of | $ 11,876 |
| which, added to the unexpended balance of the appropriation | 16,075 |
| makes an aggregate of only | $ 27,951 |
3dly. That the probable receipts on account of that fund may, for the two ensuing years, be estimated at $22,500 a year, if calculated at the rate of 5 per cent., and at $9,000 a year, if calculated at the rate of 2 per cent. on the sales of lands.
I have the honor to be, respectfully, sir, your obedient servant,
ALBERT GALLATIN.
Hon. Jeremiah Morrow, Chairman of the Land Committee.
P.S.—Amount of the 2 per cent. of the net proceeds of the lands within the State of Ohio:
| From 1st July, 1802, to 30th June, 1803, 2 per cent. | $ 2,400.00 |
| From 1st July, 1803, to 30th June, 1804, 2 per cent. | 3,524.06 |
| From 1st July, 1804, to 30th June, 1805, 2 per cent. | 5,597.72 |
| From 1st July, 1805, to 30th June, 1806, 2 per cent. | 11,243.55 |
| From 1st July, 1806, to 30th June, 1807, 2 per cent. | 9,120.75 |
| From 1st July, 1807, to 30th June, 1808, 2 per cent. | 9,902.80 |
| Estimated July, 1808, to 31st October, 1808, 2 per cent. | 2,815.60 |
| Total | $44,692.48 |
The sum of $30,000 appropriated per act of 29th of March to be paid therefrom; of which $13,924.85 seems to have been paid.
A. G.
CHAPTER VII.
The Life of the Road Threatened by the Spectre of a Constitutional Cavil—President Monroe Vetoes a Bill for its Preservation and Repair—General Jackson has Misgivings—Hon. Andrew Stewart comes to the Rescue.
SPECIAL MESSAGE.
May 4, 1822.
To the House of Representatives:
Having duly considered the bill, entitled “An act for the preservation and repair of the Cumberland Road,” it is with deep regret (APPROVING, AS I DO, THE POLICY), that I am compelled to object to its passage, and to return the bill to the House of Representatives, in which it originated, under a conviction that Congress do not possess the power, under the Constitution, to pass such a law. A power to establish turnpikes, with gates and tolls, and to enforce the collection of the tolls by penalties, implies a power to adopt and execute a complete system of internal improvements. A right to impose duties to be paid by all persons passing a certain road, and on horses and carriages, as is done by this bill, involves the right to take the land from the proprietor on a valuation, and to pass laws for the protection of the road from injuries; and if it exist, as to one road, it exists as to any other, and to as many roads as Congress may think proper to establish. A right to legislate for one of these purposes, is a right to legislate for the others. It is a complete right of jurisdiction and sovereignty for all the purposes of internal improvement, and not merely the right of applying money under the power vested in Congress to make appropriations (under which power, with the consent of the States through which the road passes, the work was originally commenced, and has been so far executed). I am of opinion that Congress do not possess this power—that the States individually cannot grant it; for, although they may assent to the appropriation of money within their limits for such purposes, they can grant no power of jurisdiction of sovereignty, by special compacts with the United States. This power can be granted only by an amendment to the Constitution, and in the mode prescribed by it. If the power exist, it must be either because it has been specifically granted to the United States, or that it is incidental to some power, which has been specifically granted. If we examine the specific grants of power, we do not find it among them, nor is it incidental to any power which has been specifically granted. It has never been contended that the power was specifically granted. It is claimed only as being incidental to some one or more of the powers which are specifically granted. The following are the powers from which it is said to be derived: (1) From the right to establish post offices and post roads; (2) From the right to declare war; (3) To regulate commerce; (4) To pay the debts and provide for the common defence and general welfare; (5) From the power to make all laws necessary and proper for carrying into execution all the powers vested by the Constitution in the government of the United States, or in any department or officer thereof; (6) And lastly, from the power to dispose of and make all needful rules and regulations respecting the territory and other property of the United States. According to my judgment, it cannot be derived from either of these powers, nor from all of them united, and in consequence it does not exist. Having stated my objections to the bill, I should now cheerfully communicate at large the reasons on which they are founded, if I had time to reduce them to such form as to include them in this paper. The advanced stage of the session renders that impossible. Having, at the commencement of my service in this high trust, considered it a duty to express the opinion that the United States do not possess the power in question, and to suggest for the consideration of Congress the propriety of recommending to the States an amendment to the Constitution, to vest the power in the United States, my attention has been often drawn to the subject since, in consequence whereof, I have occasionally committed my sentiments to paper respecting it. The form which this exposition has assumed is not such as I should have given it had it been intended for Congress, nor is it concluded. Nevertheless, as it contains my views on this subject, being one which I deem of very high importance, and which, in many of its bearings, has now become peculiarly