An extensive meaning has been given to the word office. How far such a construction of the meaning of this word is warranted, I leave for others to decide. That all contractors are not officers I am certain. A man, for instance, makes a contract with government to furnish supplies. He certainly is not an officer, according to the common and known acceptation of that word. He is, however, a contractor, and, under this resolution, excluded from a seat here. A carrier of the mail approaches very near an officer. The person takes an oath, is subject to penalties, the remission of which depends on the executive.
Public Lands.—On the Resolution for investing a certain Portion of the Public Lands in Shares of the Chesapeake Canal.
Senate, February 13, 1807.
Mr. BAYARD. It is admitted that the Constitution does not expressly give the power to cut canals ; but we possess, and are in the daily exercise of, the power to provide for the protection and safety of commerce, and the defence of the nation. It has never been contended that no power exists which has not been expressly delegated.
There is no express power given to erect a fort or magazine, though it is recognized in the delegation of exclusive legislative powers in certain cases. The power to erect lighthouses and piers, to survey and take the soundings on the coast, or to erect public buildings, is neither expressly given nor recognized in the Constitution; but it is embraced by a liberal and just interpretation of the clause in the Constitution, which legitimates all laws necessary and proper for carrying into execution the powers expressly delegated. On a like principle, the Bank of the United States was incorporated. Having a power to provide for the safety of commerce and the defence of the nation, we may fairly infer a power to cut a canal—a measure unquestionably proper with a view to either subject.
To suspend the Embargo.
House of Representatives, April 19, 1808.
Mr. QUINCY. The Constitution of the United States, as I understand it, has in every part reference to the nature of things and necessities of society. No portion of it was intended as a mere ground for the trial of technical skill, or of verbal ingenuity. The direct, express powers with which it invests Congress are always to be so construed as to enable the people to attain the end for which they were given. This is to be gathered from the nature of those powers, compared with the known exigencies of society, and the other provisions of the Constitution. If a question arise, as in this case, concerning the extent of the incidental and implied powers vested in us by the Constitution, the instrument itself contains the criterion by which it is to be decided. We have authority to make "laws necessary and proper for carrying into execution" powers unquestionably vested. Reference must be had to the nature of these powers to know what is necessary and proper for their wise execution. When this necessity and propriety appear, the Constitution has enabled us to make the correspondent provisions. To the execution of many of the powers vested in us by the Constitution, a discretion is necessarily and properly incident; and when this appears from the nature of any particular power, it is certainly competent for us to provide, by law, that such discretion shall be exercised.
