Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-12-02

] uuo''ulV SH"'' S"PS'Oi1 " 'h''b
! Congress may omit. as It has omitted in
| the present wut, 10 proclaim The objects Tor
which II was commenced or has been since
/ prosecuted aud ~ eases of such omission
/ the President, being charged with the em-
ployment and direction of the national force,
I IS necessarily LETT to his own Judgment to de.
eide upon the objects, to the attainment Of
which that iorce shall be applied. But, when.
! ever Congress shall think proper to declare,
by some authentic act, for what purpose u
war shall be commenced or continued. II II
I the duty of the President L. apply the nuton.
1 al force 10 the attainment oi those purposes.
In The instance of The last war with Gfeal
Britain, the net OF Congress by which IT was
! declared was preco ded by message OF Pres.
iden, Madison, enumeraIlng the wrongs and
/ injuries of which we cumpIulncd against
I Great Britain That message, therefore, and
without it the well known objects Of the war,
/ which was a war purely Of dctcuce, rendered
! 1t necessary that Congress should particular
ize, IN the act, the specific objects for which
. II was proclaimed. The whole world kne "
that II was war wnged for Free Trade and
Sailors Rights.
II II may be urged that the President ond
Senate possess the treaty making power,
without any express limitation as TO lis exer.
| else that The natural and ordinary tCrmlna-
ton OF a war Is by treaty OF peace, and
Therefore, that the President and Senate
! must possess the power 10 decide what stp.
! ulalions and conditions shall enter into such
! Ia treaty. But II Is not more true that the
/ president and Senate POSSESS the treaty ma
! king power, without Limitation, than that
i Congress possesses the war making power
without restriction. These two powers, then,
ought To be 50 interpreted as TO reconcile the
! one with the other and, IN expoundlng the
constliutlon, we ou. hi 10 keep constantly IN
! view the nature aud structure OF our tree
| government, aud especially the great object
! ot the Convention, IN taxing the making
! power out OF the hands OF "A single man ana
| placing II IN the ssler Custudy ut the repre-
| sentotIves OF the whole nation. The desIra
| BILE reconciliation between The two powers is
effected by dttrIbutlng to Congress the right
! to declare what shall be the objects OF war
| aud tu the President the duty OF endeavorlng
to obtain those objects, by the direction oi
the national force aud by diplomacy.
H | am broachlng no new and speculative
theory. The Statute book Of the United
States is full Of examples OF PRIOR declarations
!, by Congress Of the objects to be attained by
neg citations with Foreign Powers, aud the
archleves Of the Executive Department iurn.
llIsh abundant evidence OF the accomplishing nt
Of those Objects, or the attempt 10 accomplish
, them, by subsequent negotiation. Prior to
the declaration Vi the last war against
Great Britain, IN all oi the restrictive meas
lures which Congress adopted, against the
| two great 6elllgercnt powers at Europe,
! clauses were inserted III the several acts es-
Itabllshug them. rendering to buih or either
! LOT the beillgeTents The uOOlllOn oi those r.
strct,ons, II they would repeal their hostile
| Berlin aud MIan DEGREES aud Orders ~
! Council, operating against our commerce
| and navigation. Aud lnCse acts ui Congrcs 81
| were invariably communicated, through the
! Executive, by dlplUmatlc EUlcs, To Ffance
| aud Great Britain, as the basis upon winch II
! was proposed to restore friendly intercourse
! with them. So, after the termination ul the
war, various acts OF Congress were passed,
! from time 10 time, offering to Foreign Pow
! ers the principle of reciprocity IN The com
merce and navigation ot the United States
with them. Out Of these acts have sprung
u class, aud large class, OF treaties tour or
five OF winch were negotiated, whilst was
IN the department OF State, commonly called
| reciprocry treaties, concluded under oil the
! Presidents, from Mr.. Madison 10 Mr.. Van
4 DuTeH, lUCluslNt. huU, WIN lt 8uIh w N'll-
! merclal treaties, ne egotlatcd with the sanction
/ OF PRIOR acts OF Congress, where they contain
/ ed either appropriations or were ~ conflict
! with unrcpeaed statutes, 1t has ever been
/ held as the republican doctrine, from Mr.
/ jays treaty down To the present time, that
I the passage OF acts OF Congress was necersa
ry TO secure tho execution OF those treaties.
! II IN the matter Of ForeIgu Commerce, " re-
II.ncc, -, Inch IA If N -
! to regulate It and The treaty making power
! may he regarded rs concurrent Congress can
! previously decide the objects to which nego.
! .uailon shall be applied, how much stronger
/ rs the case Of war the power to declare
which s conlided elciasiUeiy to Congress!
!, conclude, therefore, Mr. President and
! fellow citizens, wIth entire confidence, that
! Congress has The right, either at the begin
I 'ning, or during The prosecution OF any war,
10 decide the objects and purposes for winch
It was ptocla lmtd, or for which II ought To
be continued. Aud | thIk 1t is the duty Of
. Congress, by some deliberate and authentic
! act, to declare for what objects the present
! war shall be longer prosecuted. suppose
/ the President would not hesitate to regulate
his conduct by the pronounced will OF Con
gress, aud TO employ the force aud the Glpo-
7
But II the President should decline or refuse
F. TO DO so, and, ~ contempt ot the supreme nu-
thorny ol Congress should perseVcfe IN wa.
! glng tho war, for other objects than those
| proclaimed by Congress, then 1t would be
/. the imperative duty oi that body TO undlcate
It's authority by the most stringent, and et
iectual, aud appropriate measures. AND ~
l on the contrary, the cuenly Should refuse Ia
conclude treaty, continuing supulatlons Sc
curing the objects dcoighot,d by congress, u
would become the duty OF the whole govern
' ment TO prosecute the war with all the nation.
al energy, until those objects were attained
by n treaty OF peace. There can be no NJ
Superable difficulty ~ Congress making SUI i
an authoritative declaration. Let II resolve
simply, that the war SHALL or shall not, be a
war ui conquest; and # war OF cOnqucs',
what is to be conquered. Shouida resolu-
,lon pass, dlscalmlng The design OF conquest
peace would follow ~ less than slxiy days
; If the President would CONFORM 10 hls consli.
! tutlona duty.
III Here, fellow citizens, | might pause,
I having indicated mode 10y which the
h nation throuuh its accredited and lcgiti-