The Sun.
London, England, 1860-01-10 00:00:00

lated by the hostile inroads of the Indians from our side of
the line, would,- it is believed, have prevented much injury
and cruelties during the past season. A state of lawless-
flees and violence prevails on that distant frontier. Life
aad property
there are wholly insecure. The population of
A'neriez°lla, now numbering more than ten thousand souls,
,e-galrac...tically destitute of government, of laws, or of any
er eaministration of justice, murder, rapine, and other
-nines are committed with impunity. I therefore again
?all the attention of Congress to the necessity for establish-
mg a territorial government over Arizona.
The treaty with Nicaragua of the 16th February, 1859,
to
Which I referred in my last annual message, failed to
receive the ratification of the Government of thiterepublic,
tor reasons which I need not enumerate. A similar treaty
as been since concluded between the parties bearing date
on the ll the 16th March, 1859, which has already been ratified
Nicaraguan Congress. This will be immediately
submitted to the Senate for their ratification. Its provi-
"i°ris cannot, I think, fail to be acceptable to the people of
both countries.
eipur claims against the Governments of Costa Rica and
icaragua remain-unredressed, though they are pressed
111 an earnest manner, and not withont hope of success.
I deem it to be my duty once more earnestly to recom-
mend to Congress the passage of a law authorising the Pre-
sident
to employ the naval force at hie command for the
Purpose of protecting the lives and property of American
citizens passing in transit across the Panama, Nicaragua,
and Tehuantepec routes, against sudden and lawlesss out-
breaks and depredatious. I shall not repeat the arguments
ritYed in former messages in support of this measure.
a ee it to say that the lives of many of our people, and
the security of vast amounts of treasure, passing and re-
reas"ing over one or more of these routes between the At-
antic and Pacific, may be deeply involved in the action of
tengrelis on thissubject.
I would, also again recommend to Congress that au-
to be given to the President to employ the naval force
•a protect American merchant vessels, their crews and
roe
against violent and lawless seizure and confiscation
en the ports of Mexico and the Spanish American
States when these conntries may be in a disturbed and re-
volutionary condition. The mere knowledge that such an
would had been conferred, as I have already stated,
"euld of itself, in a great degree, prevent the evil. Neither
*would this require any additional appropriation for the
naval service.
tzlee chief objection urged against the grant of
authority is, that Congress, by conferring it,
Would violate the Constitution—that it would be
transfer of the war-making, or, strictly speak-
tug, thewar-declaring power to the Executive. If this were
Zre,ell founded, it would, of course, be conclusive. A very
Lief examination, however, will place this objection at rest.
the Congress possess the sole and exclusive power, under
constitution, "to declare war." They alone can " raise
suPPort armies," and " provide and maintain a navy."
tell'. after Congress shall have declared war, and provided
Lie force necessary to carry it on, the President, as Com-
mander-in-thief of the army and navy, can alone employ
this force in making war against the enemy. This is the
plain language, and history proves that it was the well-
own intention of the framers of the Constitution.
It will not be denied that the general "power to declare
War" is without limitation, and embraces within itself not
WY what writers on the law of nations term a public or
Perfect war, but also an imperfect war—and, in short, every
!pecies of hostility, however confined or limited. Without
ne authority ef Congress the President cannot fire a hoe-
r,'" gun in any case; excepunder the attacks of an enemy.
ee will not be doubted that this power Congress could,
theyt thought proper, authorise the President to employ
eh
1: force at his command to seize a vessel belonging to an
1)-:ierican citizen which had been illegally and unjustly
captured in a foreign port and restored to its owner. But
cal:Cengress only act after the fact—after the mischief has
to u°ne ? Have they no power to confer upon the Pre-
ent the authority in advance to furnish instant redress
tr,tild such a case afterwards occur ? Must they wait MI:
,:ecithe mischief has been done, and can they apply the re-
reeelilY when it is too late 7. To confer this authority to
as
el future cases under circumstances strictly specified, is
city earlY within the war-declaring power as such an autho-
file Letinefeerred upon the President by act of Congress after
had been done. In the progress of a great nation
Couto:exgencies must arise imperatively requiring that
en certain hould authorise the President to act promptly
"rise. conditions which may or may not afterwards
cases• ur history has already presented a number of such
I all refer only to the latest.
resolution `of June 2, 1858, " forthe adjustment
a citifies with the republic of Paraguay," the President
as in authorised to adopt 'such measures and use such force
event 8 Judgment may be necessary and advisable in the
Par a refusal of just satisfaction by the Governmnt of
Fore" the
atteaereai. Just satisfaction " for what ?
"other
president; the United States steamer Water Witch," and
tmatters referred to in the annual message of the
to renderl 1737'
the condition Here the power is expressly granted upon
that the Government of Paraguay shall refuse
power
ofvance.to
lar ews "Just satisfaction." In this and other simi-
ower in' advance have conferred upon the President
employ the army and navy upon the
is 8: contingent future events ; and this most cer-
tainlye,.o embraced within the power to declare war.
constitutionally Now, if this conditional and contingent power could be
conferred upon the President in the case of
raragnay, why may it not be conferred for the purpose of protecting the lives and property of American citizens in the
!vent that they may be violently and unlawfully attacked
in passing over the transit routes to and from California, or
assailed by the seizure of their vessels in a foreign port ?
To deny this power is to eender the navy in a great degree
Useless for the protection of the lives and property of Ame-
rican citizens in countries where neither protection nor re-
dress can be otherwise obtained.
The Thirty-fifth Congress terminated on the 3d of March,
1859, without having passed the " act making appropria-
tions for the service of the Post office Department during
the fiscel year ending June 30, 1860." This act also con-
tained an appropriation "to supply deficiencies in the re-
venue ef the Post Office Department for the year
ending the 30th of June, 1859." I believe this the
first instance since the formation of the Federal Govern-
ment, now more than 70 years ago, when any Congress went
gof existence without having passed all the general ape
eeirttien bills necessary to carry on the Government
This eveefgulax; Period for the meeting of a new Congress.
It peeselaTJ9P°Bed on the Executive a grave responsibility.
a Choice of evils. Rad th'.-
the test cls °Mission. of duty occurred at the first session of
e.lnight teen„ mess, the remedy would have been plain. I
eort_eau-cie uave instantly recalled them to complete their
nu the 4tla !is without expense to the Government. But
li..eadpot eie°4 Alarch last there were 15 of the 33 States which
''aa Con -eg any ree resentatives to the present Congress.
would Negress
s been called together immediately, these States
period beneen virtually disfranchised. If an intermediate
becoreda been selected, several of the States would have
at engi.ePelled to hold extra sessions of their Legislatures,
at e inconvenience and expense, to provide for elections
regui_rarlier day than that previously fixed by law. In th.e
after "tt.cotirse, ten of these States would not elect until
Until beginning of August, and five of these ten not
October and November.
then the other hand, when I came to examine carefully
as eenditon of the Post-Office Department, I did not meet
leartehtl Yto. r es great difficulties as I had apprehended.
far the which failed been confined to appropriations
Would fiscal year ending on the 30th June next, there
call or "ye been no reason of pressing importence for the
emitee an extra session. Nothing would become due on
carec.'et (those with railroad companies only excepted) for
Year mail the mail for the first quarter of the present fiscal
eereLe°olniencing on the Ist of July until the Ist of De-
cent ar—less than one week before the meeting of the pre-
this till ingress. The reason is that the mail contractors for
eerie current year did not complete their first quarter's
their" Until the 30th September last ; and by the terms of
ef tbeePntracts 60 days more are allowed for the settlement
upon Ir
'er accounts before the Department could be called
Payment.
the ee. great difficulty and the great hardship. consisted in
year &allure for the payment of the deficiency in the fiscal
year the 30th June, 1859. The Department had
ed into contracts, in obedience to existing laws, for the
entitled
of that fiscal year, and the contractors were &iiy
utled to their compensation as it became due. The
bt
defi-
ciency,teete es stated in the bill, amounted to 3,838,728
tete r a careful settlement of all these accounts, it has been
dole., u
eZert ained that it amounts to 4,296,000 dole. With the
Scanty means at his command the Postmaster-General has
ged to pty that portion of this deficiency which tic-
Furred in the first two quarters of the past fiscal year. end-
ing on the 31st of December last. In the meantime the
contractors themselves, under these trying circumstances,
ha `e?..bcohaved in a manner worthy of all commendation.
After the
raeltilaa•Y had one resource in the midst of their embarrass-
amount due to each of them had been
a specified debt of
ascertained
and finally settled accordin to law, this became
enabled them to record against the
United States, which
curity. Still they Were obliged borrow money on this unquestionable se-
ged to pay interest in conse-
quence of the default of Co ngr ss and on every principle
of justice ought to receive
intheres't from the Government.
This interest= should commence from the date when a war-
rant would have issued for the payment of the principal
had an appropriation been made for this purpose. Calcu-
lated up to let December, it will not exceed 96,660 dols.—
a sum not to be taken into account when contrasted with
the great difficulties and embarrassments of a public and
Private character, both to the people and the States, which
eold have resulted from convening and holding a special
„.
of Congress.
e'er these reasons I recommend the passage of a bill, at as
early
tia day as may be practicable, to provide for the pay-
nt of the amount, with intest, due to these last men-
rted contractors, as well as to make the necessary appro-
priations for the service of the Post Office Department for
the
The
fiscal year.
e: ',he failure to pass the Post Office bills necessarily gives
,`',e rtn to serious reflections. Congress, by refusing to pass
general appropriation bills necessary to carry on the go-
ernment, may not only arrest its action, but might ee en de-
:Lrey its existence. The army,the no vy, the judiciary, in short
CrerY *department of government can no loner perferm
heir functions if Congress refuse the money negcessary for
Their support. If this failure should teach the country the
necessity of electing a full Congress in sufficient time to
enable the President to convene them in any emergency,
and alarming
'even immediately after the old Congress has expired, it will
'lave been productive foreign good. In a time of sudden
danger, or domestic, which all nations
Iti•lne4t expect to encounter in their progress, the very salve-
elfet °lir institutions may be staked upon the assembling
the angress without delay. If, under finch circumstances,
he
rresient should find himself in the condition in which
was placed at the close of the last Congress, with nearly
half the States of the Union destitute of representatives,
the consequences might be disastrous. I, therefore, recom-
mend to Congress to
carry into effect the provisions of the
constitution on this subject, and to pass a law appointing
oddltmg
some day previous to the 4th of March in each year oft
number for the election of representatives throughout all
the States. They have already appointed a day for the
election of electors for President and 'Vice-President, and
this measure has been approved by the country.
I would again express a most decided opinion in favour of
the construction of the Pacific railroad, for the reasons stated
in my two last annual Messages. When I reflect upon what
would be theelefenceless condition of our States and Territo-
ries west of the Rocky Mountains in case of a war with a naval
power sufficiently strong to interrupt all intercourse with
them by the routes across the Isthmus, I am still more con-
vinced than ever of tho vast importance of this railroad. I
have never doubted the constitutional competency of Con-
gress to provide for its construction, but this exclusively
• under the war-making power. Besides, 'the constitution
expressly requires, as an imperative duty, that "the United
States shall protect each of them (the States) against inva-
sion." I Ain at a loss to conceive how this protection can
be afforded to California and Oregon against such' a naval
power by any other means. I repeat the opinion contained
in nay last annual Message, that it would be inexpedient
for the government to undertake this great work by agents
of its own appointment and under ha direct and exclusive
control. This would increase the patronage of the Execu-
tive to a dangerous extent, and would foster a system of
jobbing and corruption which no vigilance on the part of
federal officials could prevent. The construction of this
road ought, therefore, to be entrusted to incorporated com-
panies, or other agencies, who would exercise that active
and vigilant supervision over it which can be inspired alone