[419]. J. C. Welling, “States’ Rights Conflict over the Public Lands,” Report of the American Historical Association (1888), pp. 174 ff.
[420]. Farrand, Records, Vol. II, p. 371.
[421]. Ibid., p. 371.
[422]. There are, of course, some restrictions on Congress laid down in the Constitution; but the powers of the national legislature are limited and the restrictions are not of the same significance. Radical action on the part of the national legislature was anticipated in the structure of the government itself, but specific provision had to be made against the assaults of popular majorities in state legislatures on property rights.
[423]. Writings of James Madison (1865), Vol. I, p. 350. This entire letter deserves careful study by anyone who would understand the Constitution as an economic document.
[424]. The Federalist, No. 44.
[425]. Ms. Library of Congress: Treasury Department Letters, 1789–1790 (Washington Papers), folio 297.
[426]. The American Museum, Vol. I, p. 118.
[427]. See below, p. 295.
[428]. Ogden v. Saunders, 12 Wheaton, pp. 213 ff.