between the general and state governments, and that no adequate land marks would be left by the constructive extension of the powers of Congress, as proposed in the bill,—I have no option but to withhold my signature from it; cherishing the hope that its beneficial objects may be obtained by a resort, for the necessary powers, to the same wisdom and virtue in the nation which established the Constitution in its actual form, and providently marked out, in the instrument itself, a safe and practicable mode of improving it, as experience might suggest.
March 3, 1817.
[It is understood that Mr. Calhoun, who reported the Bonus bill, did not touch the constitutional question involved in it, as he did not propose to make an appropriation, but simply to set aside the bonus as a fund for internal improvement, leaving it to a future Congress to determine the extent of its powers; or, if it should be determined that it did not possess power over the subject, to obtain an amendment of the Constitution, as recommended by Mr. Madison in his message at the opening of the session. Under these impressions, Mr. C. declined arguing the constitutional question in his speech on the bill, and limited his objections to the question of expediency.]
Bankrupt Bill.
Mr. HOPKINSON. The subject seems to have been considered in this light by the framers of the Constitution, who have, therefore, among the enumerated powers of Congress, expressly granted the power "to establish uniform laws on the subject of bankruptcies."
Mr. H. said he considered this as a declaration of the will of the people, that Congress should act on this subject—at least, so far as to establish a uniform rule. It binds us to no particular system, it is true; but it does enjoin on us most impressively to provide some one which shall be uniform in its operations on the different states, giving a certain known rule, and preventing those numerous and obvious evils that must arise from various and conflicting systems in the different states, by which the relation between debtor and creditor, so interesting to all classes of our citizens, must forever be changing, be imperfectly understood, and be daily producing inequality and injustice between the creditors and debtors residing in the different states. Mr. H. insisted that, when the several states parted with this power, it was only to attain that uniformity of system which could be established only by the general government; and that the states, having surrendered the power for this purpose, had a fair claim on the general government not to disappoint this expectation, but to apply the power to the uses intended by the grant of it.
Mr. TYLER, (of Virginia.) The honorable gentleman yesterday demanded of this house to carry all the powers of the government; and represented it as our bounden duty, in every instance, in which the Constitution gave power, to exercise it. The gentleman's position leaves us no alternative. Our discretion is taken from us—our volition is gone. If the gentleman be correct, we are stopped at the threshold of this inquiry; for inasmuch as the Constitution confers on Congress the power to adopt a uniform system of bankruptcy,—according to his doctrine, we are not to inquire into the expediency of adopting such system, but must yield it our support. Here, sir, I join issue with that gentleman. What, sir, is
