Page:The Records of the Federal Convention of 1787 Volume 3.djvu/384

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January 11, 1799.

All society showed that there was in the human character a foundation for radical different opinions on political subjects; there is not a place in which it does not show itself. … There was no doubt but that it showed itself early in this country; …

It also showed itself soon after the peace, in repeated attempts to jostle the pillars of the old Government, and that in defiance and without the consent of those who were administering it. After they consented to recommend a Convention to make alterations, it is well known to have shown itself in that assembly; the greatness of the occasion unexpectedly called forth such a portion of the oldest and most venerable statesmen of our country as effectually to correct and control the councils on those subjects; they kept the same ground as the Revolution had taken, and which was seen in all the State Governments. They took their principles from that set of political economists and philosophers now generally denominated in the English language Whigs, and consecrated them as a Constitution for the government of the Country. Though this was a very great and decided majority, yet it is equally well known that there were some who entertained very different opinions; they no doubt still entertain them, and they who expect to find any time when this will not be the case, expect too much of human nature, they will be sure to be disappointed.

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January 15, 1799.

But it is insisted on, said Mr. B., by some gentlemen, that as the power to pass uniform laws on the subject of bankruptcy is expressly given to Congress by the Constitution, it is their duty to do it; and some go as far as to say that it is not proper for the States to legislate on that subject. He thought there was no great weight in that argument. Congress not having passed such a law for these ten years past, and the States having legislated upon it in their own way, is a sufficient proof that that has not been the understanding of the Constitution. …

Many other instances might be adduced to prove the same thing, if necessary. The fact is, the powers given to Congress as well as to all other Legislatures, are in general submitted to their