up the Mississippi to Spain, by which repeal the rest of his instructions enabled him to make such treaty. Seven states actually did repeal the prohibitory part of these instructions, and they insisted it was legal and proper. This was in fact a violation of the Confederation. If gentlemen thus put what construction they please upon words, how shall we be redressed, if Congress shall say that all that is not expressed is given up, and they assume a power which is expressly inconsistent with the rights of mankind? Where is the power to pretend to deny its legality? This has occurred to me, and I wish it to be explained.
Mr. SPENCER. Mr. Chairman, the gentleman expresses admiration as to what we object with respect to a bill of rights, and insists that what is not given up in the Constitution is retained. He must recollect I said, yesterday, that we could not guard with too much care those essential rights and liberties which ought never to be given up. There is no express negative—no fence against their being trampled upon. They might exceed the proper boundary without being taken notice of. When there is no rule but a vague doctrine, they might make great strides, and get possession of so much power that a general insurrection of the people would be necessary to bring an alteration about. But if a boundary were set up, when the boundary is passed, the people would take notice of it immediately. These are the observations which I made; and I have no doubt that, when he reflects, he will acknowledge the necessity of it. I acknowledge, however, that the doctrine is right; but if that Constitution is not satisfactory to the people, I would have a bill of rights, or something of that kind, to satisfy them.
Mr. LOCKE. Mr. Chairman, I wish to throw some particular light upon the subject, according to my conceptions I think the Constitution neither safe nor beneficial, as it grants powers unbounded with restrictions. One gentleman has said that it was necessary to give cognizance of causes to the federal court, because there was partiality in the judges of the states; that the state judges could not be depended upon in causes arising under the Constitution and laws of the Union. I agree that impartiality in judges is indispensable; but I think this alteration will not produce more impartiality than there is now in our courts, whatever evils it may bring forth. Must there not be judges in the federal
