The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1847-11-26


the President possess it and may prose
cute for objects against the will Of Con-
gress. where is the difference bclween
our free government andthat of any 9th
er nation which may be governed by an
absolute Car, Emperor, nr King!
Congress may omit, as it has omitted
in the present war, to proclaim The objects
fnr which it was commenced or has been
since prosecuted, and in cases of such O.
mission the President, being charged
with the employment aud direction Of
the national force is, necessarily. left tc
his own judgment todecide upon the Oh
jects. to the attainment of which that force
shall be applied. But, whenever Con
gress shall think proper to declare, by
some authentic act, for what purpose
war shall be commenced or continued i
is The duty Of the President to apply th,
national force 10 the attainment Of ;host
purposes. In the instance Of the late wa
with Great Britain, the act of Congress
by which it was declared was preceded
by message of President Madison emu
merating the wrongs and injuries Of which
we complained against Great Britain
Thatmessage therefore, and withoutil the
well known objects Of The war, which wa;
a war purely of defence. rendered it nc
necessary that Congress should particu
larize, in the act. the specific objects fol
which it was proclaimed. The whole
world knew that it was war waged fol
Free Trade and Sailors Rights.
1t may be urged that the President and
Senate possesses the treaty making pow
er, without any express limitation as tc
its exercise; that the natural and ordina
ry termination Of war is by treaty oI
peace; and therefore. that the president
and Senate must possess the power to de-
eide whatstipulalions and conditions shall
enter into such a treaty. But it is moi
more true that the President and Senate
possesses the treaty making power, with
out limitation, than that Congress posses
scs the war making power, without res
friction. These two powers then ought
10 be so interpreted as to reconcile the
one with the other; and, in expounding
the constitution, we ought 10 keep con
slantly in view the nature and structure
OF our free government, and especially
The great object of the Convention in Ia.
king the wor.making power out Of the
hands of single man and placing it in
the safer custody of the representatives
Of tho whole nation. The desirable re.
Cancellation Of the two powers is effect
ed by attributing to Congress the right ia
declare what shall be the objects Of a war
and to the President the duty of endeav.
orlng to obtain these objects by the direc-
tion ofthenational force and by diplomacy.
| am broaching no new and speculative
theory. The Statute book of the United
States is full of examples of prior decla-
rations by Congress Of the objects to be
attained by negotiations with Foreign
Powers, and the archives of the Execu-
tive Department furnish abundant evil
dence Of the accomplishment Of those
objects, or the attempt to accomplish
them, by subsequent negotiations. Prior
TO the declaration of the last war against
Great Britain, in allthe restrictive meas.
ures which Congress adopted agains,
tho two belligerent Powers of Europe
clauses were inserted in the several acts
establishing them, rendering to both OF
either of the belligerents the abolition Of
those restrictions if they would repeal
their hostileBerlin and Milan DEGREES and
Orders in Council. operating against our
commerce and navigation. And those
acts OF Congress we're invariably commu-
ncated, through the Executive, by di-
plomatlc notes, to France and Great Brit.
ain, as the basis upon which it was pro.
posed to restore friendly intercourse with
them. So, after the termination of the
war, various acls of Congress were pass
ed, from time to time, offering to Foreign
Powers the principle of reciprocity in
The commerce and navigation of the u.
nited States with them. Out Of these
acts have sprung class, and large class
lftroalies -four or FIVE Of which were ne.
sotiated, whilst was in the department
IT state) commonly called reciprocity
reaties concluded under all the Presi-
lents, from Mr., Madison to Mr., Van Blu.
'en inclusive. And, with regard to com.
nerclaI treaties, negotiated without the
'anction Of prior nets of Congress, where
hey contained either appropriations or
we're in conflict with unrepeaed statutes
has been ever held as the republican
doctrine from Mr. jays treaty down to
he present time, that the passage Of acts
II Congress was necessary to secure the
execution of those treaties. If in the
natterof Foreign Commerce, in respect
o which the power vested in Con sress
o regulate it and the treaty making pow.
,r may be regarded as concurrent, Con.
5ross can previously decide tho objects
o which negotiation shall be applied,
low much stronger is the case of war,
ho power to declare which is confded
'rcinsiceiy to Congressl
conclude, therefore, Mr.. Prosiden,
md Fellow-C Citizens, with entire conf.
lencc, that Congress has the right, either
It the beginning or during the prosecu.
ion OF any war, TO decide the objects and
purposes for which it was proclaimed, or
or which it ought to be confined, And,
think. Il is the duty of Congress, by
ome deliberate and authentic act, to de.
lare for what objects the present war
hall DO longer prosecuted. suppose
he President would not hesitate TO regu.
ate his conduct by the pronounced will of