of per ton ought to be laid on the vessels belonging to nations having no commercial treaty with the United States.
3. Resolved, As the opinion of this committee, that the duty on vessels belonging to nations having commercial treaties with the United States ought to be reduced to per ton.
4. Resolved, As the opinion of this committee, that where any nation may refuse to consider as vessels of the United States any vessels not built within the United States, the foreign-built vessels of such nation ought to be subjected to a like refusal, unless built within the United States.
5. Resolved, As the opinion of this committee, that where any nation may refuse to admit the produce and manufactures of the United States, unless in vessels belonging to the United States, or to admit them in vessels of the United States if last imported from any place not within the United States, a like restriction ought, after the day of , to be extended to the produce and manufactures of such nation; and that, in the mean time, a duty of per ton, extraordinary, ought to be imposed on vessels so importing any such produce or manufacture.
6. Resolved, As the opinion of this committee, that where any nation may refuse to the vessels of the United States a carriage of the produce and manufactures thereof, while such produce or manufactures are admitted by it in its own vessels, it would be just to make the restriction reciprocal; but, inasmuch as such a measure, if suddenly adopted, might be particularly distressing in cases which merit the benevolent intention of the United States, it is expedient, for the present, that a tonnage extraordinary only of be imposed on the vessels so employed; and that all distilled spirits imported therein shall be subject to an additional duty of one part of the existing duty.
7. Resolved, As the opinion of this committee, that provision ought to be made for liquidating and ascertaining the losses, sustained by citizens of the United States, from the operation of particular regulations of any country, contravening the law of nations; and that such losses be reimbursed, in the first instance, out of the additional duties on manufactures, productions, and vessels of the nation establishing such unlawful regulations.
Contractors.
March 23, 1806.
Resolved, That a contractor, under the government of the United States, is an officer within the purview and meaning of the Constitution, and, as such, is incapable of holding a seat in this house.
Mr. EPPES. I do not believe Congress have power to pass this resolution. The words of the Constitution are, "No person holding an office under the United States shall be a member of either house during his continuance in office."
These words are plain and clear. Their obvious intention was, to have officers excluded, and officers only. It would certainly have been equally wise to have excluded contractors, because the reason for excluding officers applies to them with equal force. We are not, however, to inquire what the Constitution ought to have been, but what it is. We cannot legislate on its spirit against the strict letter of the instrument. Our inquiry must be, is he an officer? If an officer, under the words of the Constitution, he is excluded. If not an officer, we cannot exclude him by law.
