CH. XXVII.]
POWERS OF CONGRESS—EMBARGOES.
161
principles; and furnishes a striking illustration of the truth, that constitutions of government require a liberal construction to effect their objects, and that a narrow interpretation of their powers, however it may suit the views of speculative philosophers, or the accidental interests of political parties, is incompatible with the permanent interests of the state, and subversive of the great ends of all government, the safety and independence of the people.
§ 1284. The other instance of an extraordinary application of the implied powers of the government, above alluded to, is the embargo laid in the year 1807, by the special recommendation of President Jefferson. It was avowedly recommended, as a measure of safety for our vessels, our seamen, and our merchandise from the then threatening dangers from the belligerents of Europe;[1] and it was explicitly stated "to be a measure of precaution called for by the occasion;" and "neither hostile in its character, nor as justifying, or inciting, or leading to hostility with any nation whatever."[2] It was in no sense, then, a war measure. If it could be classed at all, as flowing from, or as an incident to, any of the enumerated powers, it was that of regulating commerce. In its terms, the act provided, that an embargo be, and hereby is, laid on all ships and vessels in the ports, or within the limits or jurisdiction, of the United States, &c. bound to any foreign port or place.[3] It was in its terms unlimited in duration; and could be removed only by a subsequent act of congress,vol. iii.21
