The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-21

ian of war peculiarly demands those qualities which
Distinguish The exercise Of power by single hand. Unity
If plan pompttude, activity, and decision indispen.
able to success and these scarcely exist except when
single magistrate is nirused exclusively with the power
Even coupling of the authority of executive council
with him. in the exercise of such powers enfeebes the ys
sm divides the responsibility, and unfrequenty de-
Fats every energetic Tmdity indecison OBJ
dnacy, and pride OF opinion mingc in all conn
els and ntse torpor and sluggshness destructive OF all
military operations. Indeed, there would TO be little
reason enforce the proprey of giving this to the
executive department (whaever may be its actual organi-
zaion) since is in exact coincidence with the provs
ions Of our State constitutions and therefore be
universally deemed safe if not vital to the system.
"Yet the clause did wholly escape animadverson in
The State conventions The propriety of admitting the
President to be commander-in-chief so far give
lers and have general SUPPLEMENTARY, was admitted
But it urged that it would be dangerous let him
command in person without any restraints, he might
make bad use OF it, The consent of both houses OF
Congress ought, therefore, to be required before he
should take the actual command. The answer then
given, was, that though the President might, there
no necessity that he should, take the command
ia person and there was no probability that he
would do so, except extraordinary emergencies and
when he possessed ofsuperor military talents. But if
his assuming the actual command depended upon the as
of Congress- what to be done when invasion
resurrection took place during the Of Congress Be
SIDES the power of restraint might be employed
extraordinary military genius. The power ofthe President
too light well be deemed safe since he could of him
self declare war, raise armies call forth the militia, APP
pnprate money for the purpose for these powers all be-
long Congress. In Great Britain the King only
conmandcn-chief of the army, and navy, and militia
bat he declare war; and in time of war;
raise armies and naves and call forth the militia of his
own will SO that Ito the words of Mr. Justice Black
one) the sole supreme government and command of the
militia within all his Maiesy's realms and domnions and
all forces by and land and of all forts and places of
strength and the undoubted right OF his Males
" and both houses, either house of Parlia cn cannot
nor ought to- pretend to the same"
Ii there be any meaning in the language of the cons
tuition tsef-any weight in the universal understanding
Of at the time of its adoptonin the commentaries OF
eminent lawyers snce--and, we may add, in the uniform
and unispued practice down to this daythe President
is not in this matter "buredu soldier" the 'ser
vant and subordinate Of Congress-" which the National
hlelgencer would now make him.
The laws of the in all civilized nations,
except far as they may have been modified by their
own peculiar institutions or legislation. 1t seems to be
admitted by the Inteigencer, that the powers of the
Executive in Great Britain and the United States are in
this respect very similar, if not Identical 1t not by
virtue of any act of Parliament, but under the laws of
war; that the British Executive imposed tariff OF duties
goods imported into Castine. 1t is we'll known that
all the officers necessary to the temporary establishment
OF civil government accompanied the British exped-
ton against New Orleans in 1914 without the interven-
ton of Parliament
Let us not be misunderstood We hold that Congress
may egsate specifically in relation to captures sby land
well "Jy sea-" We hold that in the declaration OF
they have adopted the laws OF war, and made the
duty of the President to execute them in the way most
eHac tuolt IN hrinr fha IN tnrna att ha
possible injury expense to the United States But the
conuess effected not his conquests the booty taken
no, his booty; both are the property OF the United
States, and subject to the disposition of Congress That
body may, if it choose direct both the conquests and
the booty to be restored, if they think proper and
pay Mexico for all the damage and expense the has
brought upon her, as correspondent OF the National
lntellgencer recommends
We venture to say, that in war between nations,
in ancient modern times, have the rights of been
exercised with more forbearance than by our executive
IN this war with Mexico The editors OF the National
htellgencer cannot but remember the burnings and
punderings on the shores of the Chesapeake, by the
British in the OF 1872 the flames OF the Capitol and
Presidents House, and the emptying of the warehouses
in Alexandria of their tobacco and flour, which
RED of booty Contrast this with the scrupuous pro-
lection given by our armies to private property in Mex
cohe payment frequently at double and triple prices,
for all supplies needed by the army, and even the conr
button levied upon the inhabitants in the mdest OF all
orms-that of indirect tax; and no in this wide
world can justly charge the President with undue Sc
verify
We leave the National Intelligencer to explain or
apologize orits unconstitutional and designating doc
uines as best it may
PEAcHEs-We apprehended, early in the spring, that