of the United States, which was instituted for such important
purposes and endowed with such extensive powers, should not be allowed
at least equal discretion and authority. The evil to be particularly
avoided is the violation of State rights. Shunning that, it seems to be
reasonable and proper that the powers of Congress should be so construed
as that the General Government in its intercourse with other nations and
in our internal concerns should be able to adopt all such measures lying
within the fair scope and intended to facilitate the direct objects of
its powers as the public welfare may require and a sound and provident
policy dictate.
The measures of Congress have been in strict accord with the view taken
of the right of appropriation both as to its extent and limitation, as
will be shown by a reference to the laws, commencing at a very early
period. Many roads have been opened, of which the following are the
principal: The first from Cumberland, at the head waters of the Potomac,
in the State of Maryland, through Pennsylvania and Virginia, to the
State of Ohio (March 29, 1806; see vol. 4, p. 13, of the late edition
of the laws). The second from the frontiers of Georgia, on the route
from Athens to New Orleans, to its intersection with the thirty-first
degree of north latitude (April 31, 1806, p. 58). The third from the
Mississippi at a point and by a route described to the Ohio (same act).
The fourth from Nashville, in Tennessee, to Natchez (same act). The
fifth from the thirty-first degree of north latitude, on the route
from Athens to New Orleans, under such regulations as might be agreed
on between the Executive and the Spanish Government (March 3, 1807,
p. 117). The sixth from the foot of the rapids of the river Miami,
of Lake Erie, to the western line of the Connecticut Reserve (December
12, 1811, p. 364). The seventh from the Lower Sandusky to the boundary
line established by the treaty of Greenville (same act). The eighth from
a point where the United States road leading from Vincennes to the
Indian boundary line, established by the treaty of Greenville, strikes
the said line, to the North Bend, in the State of Ohio (January 8, 1812,
p. 367). The ninth for repairing and keeping in repair the road between
Columbia, on Duck River, in Tennessee, and Madisonville, in Louisiana,
and also the road between Fort Hawkins, in Georgia, and Fort Stoddard
(April 27, 1816, p. 104 of the acts of that year). The tenth
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