The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1847-11-24
governed by an absolute Car, Emperor, or

the present war, to proclaim the objects for
which it was commenced or has been since
prosecuted, and in cases OF such omission the
President, being charged with the employ
ment and direction of the national force is,
necessarily, left to his own judgment to de-
eide upon the objects, to the attainment OF
which that force shall be applied. But,
whenever Congress shall think proper to de-
clare, by some authentic act, for what pur-
poses war shall commence or continue 1t
is the duty of the President to apply the ma
tional force to the attainment Of those pur-
poses. In the instance OF the last war with
Great Britain, the act of Congress by whica
it was declared was proceeded by message
of President Madison ennumerating the
wrongs and injuries of which we complained
against Great Britain. That message there
fore, and without it the well known objects
fence, rendered it unnecessary that Congress
should particularize, in the act, the specific
objects for which it was proclaimed. The
whole world knew it was war waged for
Free Trade and Sailors Rights
1t may be urged that the President and
Senate possess the treaty making power,
without any express limitation as to its exer-
else /; that the natural and ordinary termina-
ton Of war is by a treaty Of peace; and
therefore, that the President and Senate must
possess the power to decide what stipulations
and conditions shall enter into such treaty.
But it is not more true that the President
and Senate possess the treaty making power,
without limitation, than that Congress pos
sesses the war making power without restric-
ton. These two powers then ought to be 50
interpreted as to reconcile the one with the
other; and, in expounding the constitution,
we ought to keep constantly in view the ma
t ture and structure of our free government,
and especially the great object Of the Con
vention in taking the war-making power out
Of the hands of single man and placing tin
the safer custody of the representatives ofthe
whole nation. The desirable reconciliation
between the two powers is effected by attri-
!! buting to Congress the right to declare what
shall be the objects Of war, and to the Pre-
sident the duty Of endeavoring to obtain those
objects by the direction of the national force
and by diplomacy.
I l am broaching no new and speculative
theory The Statute book of the United
+ States is full of examples of prior declara-
tons by Congress ofthe objects to be attained
by negotiations with Foreign Powers, and
the archives of the Executive Department
furnish abundant evidence.of the accomplish
ment of those objects, or the attempt to ac-
complish them, by subsequent negotiations.
Prior to the declaration Of thelast war against
Great Britain, in all the restrictive measures
which Congress adopted, against the two
great belligerent Powers Of Europe, clauses
were inserted in the several acts establishing
them, rendering to both or either of the bel
ligerents the abolition of those restrictions if
they would repeal their hostile Berlin and
Milan DEGREES and orders in Council, opera
\ ting against our commerce and navigation.
And these acts Of Congress We're invariably
! communicated, through the Executive, by
diplomatic notes, to France and Great Bri-
tain, as the basis upon which it was.proposed
5 to restore friendly intercourse with them.
t So, after the termination of the war, various
acts of Congress were passed, from time to
! time, offering to Foreign Powers the prime
t pie Of reciprocity in the commerce and navi-
: cation Of the United States with them. Out
of these acts have sprung a class, and large
class, Of treaties, flour or FIVE Of which were
e negotiated, whilst wasinthe Department Of
: State, commonly called reciprocity treaties,
concluded under all the Presidents, from Mr..
s Madison to Mr. Van Buren,, inclusive. And,
! with regard to commercial treaties, negotat-
ed without the sanction Of prior acts Of Con-
gress, where they contained either appropri-
3 atoms or were in conflict with unrepealed
statutes, it has been ever held as the republic
: can doctrine from Mr.. jays treaty down to
the present time, that the passage Of acts OF
4 Congress was necessary to secure the execu-
!: ton of those treaties. If in the matter Of
: Foreign Commerce, in respect to which the
, power vested in Congress to regulate it and
. the treaty making power may be regarded as
concurrent, Congress can previously decide
n the objects to which negotiation shall be APP
Il piled, how much stronger is the case Of war,
the power to declare which is conhded en-
ciusipely to Congress
Il conclude, therefore, Mr.. President and
{ Fellow-C Citizens, with entire confidence, that
Congress has the right, either at the begin
ming, or during the prosecution Of any war,
to decide the objects and purposes for which
it was proclaimed, or for which it ought to
De continued. Anu, tIlhk, ~ 10 'ho uuty
j Of Congress, by some deliberate and anthem
tic act, to declare for what objects the pres
ent war shall be longer prosecuted. Isuppose
the President would not hesitate to regulate
his conduct by the pronounced will Of Con-
gress, and to employ the force and the dplo-
matte power of the nation to execute that
will
But if the President should decline or re-
fuse to do so, and, in contempt Of the SUI
preme authority Of Congress, should perse-
we're in waging the war, for other objects
than those proclaimed by Congress, then it
would be the imperative duty Of that body
) to vindicate its authority, by the most strin-
E gent, and effectual, and appropriate meas
: ures. And if, on the contrary, the enemy
: should refuse to conclude treaty, contain
s ing stipulations securing the objects desig-