the end of all legislation? Is it not the public good? Do we come here to legislate away the rights and happiness of our constituents, or to advance and secure them? Suppose, then, by carrying into effect a specified power in the Constitution, we inflict serious injury upon the political body; will gentlemen contend that we are bound by a blind fatality, and compelled to act? Sir, such a doctrine cannot be supported even by the distinguished talents of that gentleman. The powers of this Constitution are all addressed to the sound discretion of Congress. You are not imperatively commanded, but authorized to act, if by so acting the good of the country will be promoted.
Mr. SERGEANT, (of Pennsylvania.) Why, it is said, why not extend the provisions to all classes of the community? Why confine them to a single class? The answer is a very plain one. The design of the Constitution was to vest in the government of the United States such powers as were necessary for national purposes, and to leave to the states all other powers. Trade, commercial credit, and public or national credit, which is intimately allied to it, were deemed, and rightly deemed, to be national concerns of the highest importance. In the adjustment of our government, at once national and federal, they were intended to be confided, and were confided, to the care of the public authority of the nation.
It does not appear to me that we need inquire, whether the term "bankruptcy" had a definite meaning, to which we are limited, nor whether we are bound to follow the model of the statutes of England, or any state bankrupt laws that may have existed here before the Constitution was formed. For the present purpose, the general spirit and scope of the Constitution furnish a sufficient guide. The design of that instrument was to occupy national ground, and leave the rest to the states.
February 19, 1818.
Mr. MILLS, (of Massachusetts.) Once establish the principle that the situation of the country is such as to require the exercise of that power with which the Constitution has vested you upon this subject,—and whether the prominent features of your system shall be drawn from the commercial code of Napoleon, or the acts of the British Parliament, will be a mere question of expediency, to be determined by their relative merits, and their analogy to your habits and institutions. Sir, I shall not stop here to inquire into the extent of the obligation imposed on you by the Constitution. It is enough for me to find the power "to establish uniform laws on the subject of bankruptcies throughout the United States" expressly delegated to Congress by that instrument, and to satisfy myself that the exigencies of the country require its exercise, to appreciate the weight of this obligation. Too long already has this delegation of authority remained a mere dead letter in that compact; and too long have those, for whose benefit it was introduced, called upon you to give it life, and energy, and action.
Are you sure that, since the adoption of the Federal Constitution, the state legislatures have any legitimate authority to pass those laws? By that instrument, it is contended. Congress alone have power to establish a uniform system of bankruptcy, and the states are expressly prohibited from passing "any laws impairing the obligation of contracts." So far, therefore, as these laws impugn either of those provisions, so far they transcend the powers retained by the states. Upon this subject, however, I wish not to be understood as giving an opinion, or attempting to sustain an argument.
