Part 111

Potomac River.

On the third reading of the bill for the erection of a dam or causeway from Mason’s Island to the western shore of the Potomac, the yeas and nays were called for by Mr. VARNUM.

Mr. DAWSON said: My absence from this House for some days past, occasioned by my bad health, has prevented my hearing the arguments which have been urged in favor of this bill, as well as those in opposition to it; presuming, however, that they had much affinity to those which were urged on its introduction, which, in my judgment, were conclusive in opposition and feeble in support, I must be permitted to express my astonishment that it has progressed so far, and that this House must now decide on its passage or rejection.

In this stage of the business, and under existing circumstances, I should not intrude a single observation, especially as I learn that the subject has been fully discussed, and various votes taken, did I not feel impelled by one consideration superior to all others; but, sir, whenever a proposition is made which goes to affect the interest and wantonly violates the rights of a State, one of whose Representatives I am, I hold it to be my bounden duty to rise in the opposition. Such is the bill in your hands, and under such influence do I now act. In my judgment that bill usurps a power, and attempts the exercise of a right, which the States of Maryland and Virginia never have, and I trust never will, relinquish to any government--a right essential to them as sovereign States, and the relinquishment of which will render them dependencies not only on the General Government, but upon any corporation within the District of Columbia.

In the course of this discussion, reference, no doubt, has been had to the deeds of cession from those two States to the General Government; I mean not again to bring them to their view, and mention them only for one purpose. I presume that in the construction of those articles, the same rules will be observed, the same principles will be adhered to, which are observed in the construction of the original compact, the constitution. I well know that in the construction of that instrument, two opinions have gone abroad in the United States, and have their zealous advocates: the one is, that the General Government possesses all powers which it shall deem necessary, and which are not expressly reserved to the States; to this doctrine I have never been a friend, and am surprised to find that it has so many advocates on this day who support that bill; the other is, “that all rights, powers, and jurisdictions, are reserved to the States, which are not expressly delegated to the General Government.” This is the doctrine which I have always advocated, and which I support on this day by opposing that bill. Admitting, sir, my first position to be true--that the same rules of construction must be used in the two cases which I have mentioned, I call upon gentlemen to show any express surrender of this right of jurisdiction, either by the State of Maryland or that of Virginia. None appears, and gentlemen must either adopt the extensive doctrine of implication as one of their political tenets, or relinquish that bill. I will go further, sir, and declare it as my opinion, that the legislatures of those two States never could have intended the surrender of that jurisdiction. I was a member of the Legislature of Virginia at that time, and the idea was new to me until the last year, when the bridge proposition was brought forward. I appeal to the candor of the gentlemen of this committee, and call upon them to say whether it is reasonable to suppose that those two States, after taking uncommon pains to fix, and render secure for ever, to themselves and their friends, the navigation of this river; after uniting their efforts to open and improve it to a considerable distance above tide-water, would surrender the jurisdiction to any earthly power, thereby putting it in their power to impede it whenever they please? for, be it remembered, that if we have a right to throw up a dam in one place, we have a right to build a bridge in another; if to build a bridge, to draw an artificial line at any place, saying, “Thus far you shall go, and no further.”

For these reasons, I am convinced that the right has never been surrendered; that it never was intended; and that it never ought to be relinquished. Considering the objections which I have mentioned as sufficient to defeat the bill, I have forborne to examine into its expediency; whether it will prove advantageous to some of the district and injurious to others, I will not pretend to say. One thing, however, appears probable to me, that if, by the erection of this dam, the rapidity of the water opposite to Georgetown is increased, and thereby the sand and mud carried to a lower point and there deposited, that point may be at or near the Eastern Branch, which we have established as our navy yard, to which heavy vessels get with great difficulty, and from which they may be entirely excluded, should the effect which I apprehend take place. I submit this to the consideration of the friends of this establishment, which is not without its enemies already.

One more word and I am done. If we admit the right to erect a dam, we have the same to build a bridge; and if we grant the one for the accommodation of one part of the people of the district, I know not how we can refuse the other to the inhabitants of the other part. Let the friends of the present bill look to this; the division of this House on the last year, on that point, was very equal, and the admission of the right will certainly give it new friends.

On the passage of the bill the yeas and nays were 66 to 39.

Resolved, That the title be, “An act authorizing the corporation of Georgetown to make a dam or causeway from Mason’s Island to the western shore of the river Potomac.”

THURSDAY, December 27.

Mrs. Amy Dardin.

A petition of Amy Dardin, of the county of Mecklenburg, in the State of Virginia, widow and administratrix of David Dardin, deceased, was presented to the House and read, praying compensation for the value of a stud horse, called Romulus, the property of the deceased, which was impressed into the service of the Southern Army, under the command of Major General Greene, by order of James Gunn, a Captain in a regiment of Continental cavalry, some time in the month of July, one thousand seven hundred and eighty-one.--Referred to the Committee of the whole House to whom was committed, on the sixth instant, the bill making farther provision for extinguishing the debts due from the United States.

General Hazen.

An engrossed bill for the relief of the legal representatives of the late General Moses Hazen was read the third time; and, on the question that the same do pass, it was resolved in the affirmative--yeas 60, nays 38.

MONDAY, December 31.

Post Road to New Orleans.

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

1. Resolved, That a post road ought to be established from the City of Washington, on the most convenient and direct route, to pass through or near the Tuckabachee settlement to the Tombigbee settlement, in the Mississippi Territory, and from thence to the City of New Orleans.

2. Resolved, That the President of the United States be requested to cause to be laid before this House any documents, and give such other information as he may think proper, relative to opening a post road from the City of Washington to the City of New Orleans.

The first resolution being twice read, was, on a motion made, ordered to be referred to the Committee of the whole House, to whom was committed, on the seventh instant, a motion respecting “the establishment of a post road from Knoxville, in the State of Tennessee, to the settlements on the Tombigbee river, in the Mississippi Territory, and from thence to New Orleans; also, for the establishment of a post road from Georgia to the said settlement on the Tombigbee, to intersect the former road at the most convenient point between Knoxville and the Tombigbee.”

The second resolution being twice read, was, on the question put thereupon, agreed to by the House.

Ordered, That Mr. HOLLAND and Mr. G. W. CAMPBELL be appointed a committee to present the second resolution to the President of the United States.

District of Columbia.

Mr. GREGG called up the resolutions for a recession of the District of Columbia to the States of Maryland and Virginia.

Mr. HUGER moved to postpone the same till this day week.

Mr. JACKSON moved to postpone them till the 31st December next.

Some desultory remarks were made, not touching the merits of the main question; at length the question was taken on postponing till 31st December, and lost, without a division.

On postponing till Monday next, the question was decided in the affirmative--59 for and 31 against it.