The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1847-12-09

! ment, IS Tue sole depository 81 that Iremead
Gus power.
] The Constitution provides that Corgrfs.
ohall have power TO declare war, and gran
letters Of mafque and reprisal, 10 make
rules concerning captures on land and wa
ter, 10 raise aud support armies, to provide
, md MAINTAIN navy, and 20 make rules for
The government ofIhe land ami naval forces
Thus We perceive that The principal power
IN regard to war, with its auxiliary auen.
dants, is granted TO Congress. Wheuevet
called upon 10 determine upon the solemn
question Of peace or war, Congress mus
consider and deliberate ard decide upon
tie motives, objects and causes Of he wor
Aud, II a war be commenced without any
previous declaration Of lis objects. as IN he
case OF he existing war with Mexico Con.
gress must necessarily possess The auhofl
IS, al any time, 70 declare for what purpose
It shall be further prosecuted. II We sup
pose Congress does not possess the control
ing authority attributed to It; Il Il be con-
tended that aHf havIpg been once CON
nenced the Presidcn, Of the United States
may dlrec, It TO The accomplishment OF any
otiects he peasas, without consulting and
s,hout any fegard 10 the will Of Congress /;
The Convention will have utterly failed IN
guarding the nation against the abuses and
ambnon Of q SINGLE individual. Either
Congress, or The Pres dent, must have the
right Of determining upon the objects for
which a war shall be prosecuted. There
is no other alternative. II the President
possess i, and may prosecute il for ohIacls
against the will oC Cong ess, where Is the
d ference between our free government ard
that Of any o:her nation winch may be
governed BY an absolute Gar, Emperor, or
King
Congress may omit, as il hes omitted in
the present war, 10 proclaim The Objects or
whcht vas commenced or has been since
prosecuted, and in cases OF such omission
the President, beng charged with the EN-
ploympnt and direction % he national force,
i necessarily lefl 10 his own Judgment 10
decide upon The objects to the attainment Of
which tina, force shrl he applied. But
ahenever Congress shalt th,uk proper TO
declare, by some authentic act, for what
purposes war shall be commenced or con
tnued, il is the duty Of the President TO
sppy the national force 10 the attainment
Of those Purposes. In the iustadce oi the
last war With Great Britain, the act Of Con.
cfess BY winch It was declared was prece.
ded by message Of President Madison G..
numctating The wrongs ard injuries OF
which we complained against Great BRAIN.
That message, therefore, and without il the
we'll known objects Of the war, which was
q war purely Of defence, rendered il unne.
cessary that Congress should patlcutarIze
10 the act the specific objects for " Itch it
was proclaimed. The whole world knew
tha it was a war waged for Free Trade and
Sailors Rights.
Ii may be urged that the President and
Senate possess the treaty making power,
without any express limitation as to It's ex-
ercise that the natural aud ordinary ter.
mlnation Of war Is by treaty Of peace;
and, therefore, that the President and Sen.
ute must possess the power 10 decide hat
sipuations and conditions shall enter into
such treaty. But II Is not more true that
the President and Senate possess the treaty
making power, without limitation, than
that Congress possesses the warmaktng
power without restriction These two pow
ers, then, ought 10 be so Interpreted as 10
reconcile the one with the other; and, 10
erpoundng the constitution, We ought 10
keep constantly 10 view the nature aud
structure of our free Government, and es.
pecioy the great object Of the Convention
IN taking the making power out of the
hands of single man and placing Il in the
safer custody OF the representatives. Of the
whole nation. The desirable reconclla
ton between the two powers IS effected by
atttlbultng to Congress the right to declare
Whist shall be the objects of war, and to
the President the duty Of endeayoring to
obtain these objects By the direction OF the
national force aud by diplomacy.
| am broachnz no new and speculative
theory. The statute book of the United
States is foil of examples Of prior decafa.
ttoas by Congsess OF the objects to be OBJ,
tanned BY 1egouatlous with foreign Powers,
and the archives Of the Executive Depart.
meui furnish abundant evidence Of the &c
compllshmenl Of those objects, or the Of
tempt to accomplish them, by subsequent
negotiation. Pror to the declaration Of
the las, war against Great Britain, in all
the restrictive measures which Congress
adopted against the two great beiltgetent
Powers OF Europe, clauses we're inserted
in the several acts establishing them, ten.
dering to both or either of the beIhgerents
tho abolition OF those restrictions 1t they
would repeal their hostile Berlin aud Milan
DEGREES and orders IN council, operating
against our commerce and nav gatIon. And
these acts of Congress were invariably CON
munica,ed, through the Executive, by d.
pIomatic notes, to France and Great Br.
tain, as the basis upon which It was pfopo-
sed 10 restore friendly intercourse with
them. So, after the termination OF the
war, various acts of Congress were passed
from time to time of ring to foreign Pow
ers the principle OF reciprocity IN the com
mercs aud navigation OF the United States
with them. Out OF these acts have sprung
. -. rpI a taxua ciasa nE trnattns ffnuI