Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1847-11-30

crate and Dc eide upon the motives. objects
and causes of the war. And. II war be
commenced without any previous declara-
ton Of its objects. as III the case Of the eX-
listing war with Mexico. Congress must
necessarily possess the authority ct any
time 10 declare for what purpose II shall be
further prosecuted. If we suppose Con-
"ress does not possess the controlling au-
thority attributed to II; if it be contended
that war having been once commenced
the Prcsidcn Of the United States may
direct it to the accomplishment OF any OBJ
jcct he pleases. without consulting and
without any regard 10 the viii Of Congress,
the Convention VIII have utterly failed in
guarding the nation against the abuse and
ambition Of a single individual. Either
Congress. or the President, must haze the
right Of determining upon the objects for
which a war shall be prosecuted. There
is no other alternative. If the President
possess it and may prosecute it for objects
against the will of Congress, where is the
difference between our free government
and that Of any other nation which may
be governed by an absolute Gar, Emperor
or King!
Congress may omit. it has omitted in
the present war. to proclaim the objects
for which it was commenced or has been
prosecuted. and in case of such omission
the President, being charged with the en-
ploymcnt and direction of the national
force is. necessarily. left to his own judg-
mcnt to decide upon the objects. TO the at
tainment of which that force shall be APP
plied.-But, whenever Congress shall
think proper TO declare, by some authentic
act, for what purposes war snail be com
menced or continued il is the duty Of the
President to apply the national force to the
attainment Of those purposes In the IN
stance Of the last war with Great Britain,
the act of Congress BY which it was dccla
red H,as preceded by a message Of fresi-
dent Madison cnumerating the wrongs and
injuries Of WHICH we complained against
Great Britain. That message. therefore,
and without it the well known objects Of
the war. which was a war purely of de-
fence. rendered II unnecessary that Con-
grees should particuiarizr. in the act the
specific objects for which II was proclaim
cd.-1he whole world knew that it was
war wagcd for Free Trade and Sailors
Rghts
tmay be urged that -he President and
Senate possess the treaty making power,
without amy express limitation as 10 its eN
crcisc; that the natural and ordinary ter
lnnaton Of a war is ty treaty Of peace:
and therefore. thar the President and SEN
ate must possess the power to dccid" what
stipulatons and conditions shall enter IN
to such treaty. Rut i is not more tlue
that ne President and Senate poss Ssthc
treaty making power. without limitation.
than that Congress possesses the WW ll:2-
king power, without restriction. These
two powers. then cughf 20 he SO interpreted
as to reconcile the one with the other; and
in cxpoundinn the constitution. we ought
to keep constantly in view the nature and
structure of our free government, ana es-
pccially the great object Of the Convention
in taking the war making power out of'thc
hands of single man placing II i'll the
safer custody Of the representatives. o. the
whole nation. The desirable rcco. citation
b tween the two powers Is effected by at
tributing to Congress the rightto declare
what shall be the object of'a war and to the
President the duty Of endeavoring to OBJ
tain those objects by the direction OF the
national force and hy diplomacy.
am broaching 40 new and speculative
theory. The Statute book Of the United
states IS full OF prior declarations by Con
gress of the objects to be attained By ne
gociations with Foreign Powers. and Il
archives of the Executive Dope ---'''i'' .'tr-
n:sh abundant cvidcrc" t'le accoii'l'iIS'i-
mont of those ,ojucts. er the attempt To
accomplish them. by subsequent negotia-
ION Prior to the declaration Of the last
war against Greet britain. in all the re-
strictive measures which Congress adop-
ted. against the two great bc.Iigcrant
Powers of Europe, clauses were inserted
in the several acts establishing them. ten
dcring TO both or either Of the beliigcrant>
the abolition of those restrictions if they
would repeal their hostile Berlin and Milan
DEGREES and Order in Council. operating
against our commerce and navigation.
And these acts Of Congress were inyaria-
bly, communicated through the Executive.
by diplomatic notes. TO France and Great
Britain. as the basis upon which il was
proposed to restore friendly intercourse
with them. So after the termination OF the
war various acts ofCongre>s were passed.
from time to time. offering to Foreign
Powers the principles of reciprocity in
commerce and navigation Of the United
States with them. Cat of these acts have
sprung class. and large class. of trea-
ties -four or five ofWhich were negotiated.
whilst was IN the department of State
commonly called reciprocity treaties. con-
cluded. under all the Presidents, from Mr..
Madison to Mr. Van Buren,. inclusive
And. with regard TO commercial treaties.
negotiated without the sanction OF prior
acts Of Congress. where they contained
either appropriations or were IN conflict
with unrepealed statutes. it has been ever
held as the republican doctrine from Mr..
Jays treaty down TO the present time, that
the passage OF acts OF Congress was ne
cessary 10 secure the execution OF those
treaties lin the matter Of Foreign Com
merce. in respect 10 which the power may
be regarded as concurrent. ConGrt s. can
previously decide the objects to which ne
gotiation shall be applied. how much
stronger Is the case OF war. the power 10
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