Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-26

lsresls; and, in shor,, that such vast ana We
| mcEdous power ought mel 10 be connied u 'ht
pc!ious exercise OF one single man. The Con-
venlion, therefore, resolved 10 guard The war mar.
| ing power against those great abuses, cl wniCh
in ib. hands ut a monarch, i, was 81 *asecp'ioie
And the security against ihose abuses whicn
lis wisdom devised, was 10 yesl The wat-n;ahins
power in the Congress of The U. States, being inc
immediate representatives Of he people ana inc
States. So aprrch, nsive and jealous was Inc
Convention OF its abuse in any other hanas Ina
il in,eldic,ed the exercise 81 the power 10 any
State in nc Union, wiihou. lie consent q Con
aress. Coneiess, then, in eur system ol soVcfn
men,. is the sole depository OF that tremendous
power. i,
The Constitution provides Tia, Congress shall
/ have power 10 declare war and grant letters o.
marquc and rcprisa', 10 make rules concerning
CAPTURES on land and water. 10 raise ana supsoil
armies, 10 provide and maintain navy, ana 'e
make rules for the government OF The lahu aho
naval forces. Thus we perceive that The plihci
pal power, in regard TO war, with all lis auxiliafy
attendants, is granted 10 Congress. !" henesei
called upon 10 determine upon The solemn qncs-
lion OF n ace or war, Congress must consider ano
deliberate and decide upon The motives, objects
and causes of the war. And, if war be com.
menced without any previous declaration oil lis
objects. as in The case OF the existing war with
Mexico Congress mus. necessarily possess Inc
authority, al any time, 10 declare Tor what pur.
poses il shall he further prosecuted. II we sup
pose Congress does mol possess the controlling au'
Ihorlv attributed to il; il il be commended that
war having been once commenced, the President
of The u. States may dircc, il TO the accomplish
ment OF any objects he pleases, without consulting
and without any regard 10 The Will OF congress J
the Convention will have utterly failed in guard
ing the nation against line abuses and amni'ioii
of a single individual.
Either Congress or the President, must nave
the right for determining upon the objects for which
war shall be prosecuted There is no other al
tentative 1.-THE President possess il and may pro.
sccu,e il Ter objects against the will Of Congress,
where is The difference between our Tree govern
menl and that OF any oher nation which NAV DC
governed by an absolute Car, Emperor, or King!
Congress may omit, as it has omitted in The
present war, To proclaim the object Tor which II
was commenced or has been since prosecuted
and in cases CT such omission the president, BE-
irg charged with The employment and erection
OF The national force is, necessarily, lei. 10 his
own Judgment 10 decide upon The objects, 10 The
attainment of which that force shall I've applied.
But, whenever Congress shall think proper TO de-
clare, by some authentic act, for what purposes
war shall be commenced or continued, il is The
duty Of the President TO apply the national force
TO the attainment Of those purposes. In The in
stance of the last war with Great Britain, the act
OF Congress by which il was declared was pre-
ceded by message OF President Madison enume-
rating the wrongs and injuries OF which we COM
planned against Great Britain. That message,
therefore, and without il the well known objects
Of the war, which was war purely CT defence,
rendered il necessary that Congress should par
icularze, in the aci, the specific objects Tor which
il was proclaimed. The whole world knew that
i, was war wased for Free Trade and Sailors
Rights.
il may be argued thai the President and Sc
nate possess The treaty -ma6ing power, without
any express Limitation as 10 is exercise; that the
natural and ordinary termination o. Z war IS by
a treaty oil peace; and, therefore, that the Ples-
dent and Senate must possess the power 10 de-
eide what sipula!ious AMI conditions shall enter
into such treaty. Bu, j, is not more irre that
the PIesaen, End Senate possess The treaty-ma-
king power without Limitation, than thai Con-
aress possesses The war-Trakins rover, without
restriction. These Two powers then ought 10 be
so interpreted, as to reconcile The enc with he
other; and, in e1pounding The Constitution we
ought 10 keep constantly in view tie nature and
structure vi our Tree government and especial ~
the grea, otjecl Of The Convention IN taking Tie
war-nakine power ont al The hands Of single
man, and placing j! in The safer custody OF the
REPRESENTATIVES OF the whole nation. The desi-
rable reconciliation between The Two powers, is
effected by altrbuiug 10 Congress the right 10 de-
clare what shall be The objects OF war, and tolhe
President the duty Of cndeavorrgto obtain those
objects by the direction OF the national force and
~ diplomacy.
Lam broaching no new and speculative theory.
The statute book Of The United States is full OF
= IL kt. of
the objects 10 be attained by negotiations with
Foreign Powers, and The archives OF The Execu-
live Department furnish abundant evidence Of
the Accomplishment Of those OBJECTS, or The Al
temp, TO accomplish them, b. subsequen! neso-
,.a;ion.
Prior 10 The declaration OF The las, war against
Great Britain in all the restrictive measures
which Congress adopted, against The two great
hell.eIent Powers Of Europe. clauses were IN
serted in The several acls esa biShins Them ten
derins TO both or either OF The bellgerenis the
abolition of those restrictions, il they would re-.
peal their hostile Berlin and Milan DEGREES and
Orders in Council, operating against our COM
merce and navigation. And these acts Of Con-
sfess were invariably communicated through the
Executive by diplomatic notes 10 France and
Grca, Britain, as the basis upon which il was
proposed 10 restore friendly intercourse with them.
o, Congress were passed from time TO time, otler-
ing 10 Foreign Powers the principle OF reciproci-
IL in the commerce and navigation oil The United
Stats with them. On. o! these acs have srluns
a class and large class, ofrealies, four orhve
., which were negotiated whilst VAS in the DE
parlment Of State commonly called reciprocity
treaties, concluded under all the Presidents, from
Mr.. Madison TO Mr. Van Buren, inclusive. And
with regard 10 commercial treaties, negotiated
with The sanction o. prior acts OF Congress, where
they contained either appropriations nr were in
coufict with unre pealed statutes II has ever been
held as the republican doctrine, from Mr.. jays
treaty down 10 the present time. that The passage
of ac,s OF Congress was necessary 10 secure The
execution OF those treaties. If, in the matter o
| Foreign Commerce, in respect 10 which the pow
err vested in Congress TO regulate il and the fea
tv-,naking power may be regarded as concurrent
Congress can previously decide The obJec;s Il
which negotiation shall be applied, how mucl
stronger is The case OF war, The power to declare
which is conhAed ezclusircIy To Congress
| concludc, therefore, Mr.. President and fellow
citizens with entire confidence, that Congress ha
The right, either al The beginning or during III
prosecution Of any war. to decide The objects ant
purposes or which i. was proclaimed, or for whcl
/, ought to be continued. And think it is tn
duty Of Congress, by some deliberate and auhen
tic act TO declare for what objects the present wa
shall be longer prosecuted. suppose The Presi
lent would no, hesitate TO regulate his conduct b
the pronounced vii OF Congress, and TO emplo,
the force and the diplomatic power OF The nalio
10 execute that will But. if The President, shout
decline or refuse Ia do So and, in contempt Of III
supreme Authority It Congress, should persever
in wasiug tie wa, Tor other Objects Than hos
proclaimed - Congress hen il would lie The i'm
peralive tuv II tn. h,'y r. vindicac lis au!hc
rily by The ,ues ~,.iaSenl and cffeciua and ap
propria,e measures. Aud il. on the contrary, III
enemy should rciuse 10 conclude treaty, con
tanning s,ipulaions securing The objects desgna
ed BY Congress, i, would become The duty Of III
whole government 10 prosecute The war, with a
the national energy, until those objects were a
tanned by treaty Of peace. There can be no in
superable difficulty in Congress making such a
authoritative declaration. Let it resolve, simply
that The war shall, or shall not, be war OF cor
quest, aud il war of conquest, what is 10 be con
quest, what isio be conquered; Should resolu
luton pass, dsclaiming the design OF conques
pcace would follow in less than sixty DAYS, il III