The examiner. [volume] (Louisville, Ky.) 1847-1849, 1847-11-27

unnecessary retrospect and useless reproach,
on the past, all hearts and heads should unite
the patriotic endesvor to bring il 10 satisfactc
ry close. Is there no way that this can be done
Must we bliudly continue the coafict, xithou
any visible object, or any prospect Of definit
terminationt This is the Important subjec
upon which desire to consult and commun
with you. Who, in this free government is, {
decide upon the objects OF a war, at its CON
mencement. or at any time during its existe nee
Does the power belong totLe Nation, to tn
collective wisdom OF the Nation in Congres
assembled, oris it vested solely in single fu nc
tionary Of the governmental
declaration of war Is the hshsst and most awful es
ereise OF sovereignty. The Convention, which frame
our federal constitution had lezrnei from the pages
history that Il had been ofien and greatly abused II ha
seen that war had oten been commenced upon the mos
trihng preteTts; that n had hcen frequently wased
establish or exeludes dynssy.to snatch crown iron
another; that II bad been often prosecuted to promol
alien and other interests than these the nation
chief had proclaimed H. az IN TN Of English 70
snoverisa interests; and In ss. thar such vast an,
uemeadots power ought not 70 be esnded 70 the peri
Ious exercise ofone single man. The Convention, there
ore, resolved 10 guard the wsrmsking power agains
those great abuses OF which In the hands OF
twas so susceptible; And the security, against thos
abuses which ilH wisdom devised. to vest the
making power In the CongTeEs of the United States ben
The immediate Representatives Of the people aud tn
States. So spPraensve and jealous the Conve ntoI
bits abuse IN any other hands that inerdeted the ex
erei'e OF the power 10 any State in the Union without
consent Of Congress. Congress. then. In system Of
government, Is the sole dsposilTy Of that tremsndou,
power.
The Constitution provides that Congress shall
have power 10 declare war, and grant letters Of
marque and reprisal, 10 make rules concer ming
captures on land and water, to raise and support
armies, to provide and maintain navy, and to
make rules for the government of the land and
/ N val al. Al.
ciPai power, in regard TO war, with all its an
cillary attendants, is grained TO Congress-
Whenever called upon to determine upon the
solemn question OF peace or war, Congress must
consider and deliberate and decide upon the
motives, objects and causes Of the war. And, II
war be commenced without any previous de-
caratlon Of its Objects as in the case Of the ex-
isting war with Mexico, Congress must neces-
sarily possess the authority, at any time, to de-
clare for what purposes it shall be further pro-
secuted. II We suppose Congress does not pos
sess the controlling authority attributed to IT,;
an be contended that war having been once
commenced, the President Of the United States
may direct It TO the sccomp ishment Of any OBJ
jects he plesses, without consulting and without
any regard TO the will of Congress-. the Conven-
ton will have utterly failedin guarding the ma
ton against the abuses aud ambition OF single
individual. Either Congress, or the Preside mt,
must have the right Of determining upon the
objects for which a war shsll be prosecuted
There is no other alternative. II the Preside Mt
possesses 1t and may prosecute il for objects
against the will Of Congress, where is the diff
ference between our free government aud that
of any other nation which may be governed by
an absolute Gar, Emperor, or King.
Congress may omit, as IL has omitted in the
present war, TO proclaim the object for which il
was commenced or has since been prosecuted
and in cases Of such omission the Preside Mt, De
ing charged with the employment and direction
Of the national force is, necessarily, eft to his
own Judgment TO decide upon the objects, to the
sttainme Mt Of which that forces shall be applied.
But, whenever Congress shall think proper TO
declare, by some authentic act, for what purpo-
ses war shall be commenced or continued, il
is the duty Of the President to apply the nation
al force 10 the attainment d those purposes
In the instance OF the last war with Great Bri.
tain, the act Of Congress BY which it was de-
clared was preceded by a message Of Preside mt
Madison enunerating the wrongs and Injuries
Of which we complained against Great Brita n.
That message therefore, and without it the
we'll known objects Of the watt which was a
war purely Of defence, rendered. it unnecessary
that Congress should particulaizs, in the act
the specific objects for which was proclaimed
for Free Trade and Sailors Rights.
IL may be urged that the Presided aud Senate sssutes
the treaty making power, without any express limis
ton as TO its exercise that the natural and ordinary ter
mnaiion OF war Is by treaty OF peace; aud therefore
that the President and Senate the to
decide W hat spulatons and coalitions shall enter into
such streay But II Is not more trie that tie President
and Senate possess the treaty making power, without
limitation than that Congress possesses the making
power, without restriction. Thee two powers then
Dug hi 10 be 80 interpreted as to recnce the one with
anAin dinnah ffullo
10 keep constantly in view theRalue and structure OF
free government. and s the great object OF
theonvenIon In taking the wsfm,kng outof the
hands OF single man and platingit in the safer euso
dy Of the representatives OF the whole nation The de-
able reconciliation between me powers Is effected
by srlbung TO Congress the Iighio declare what shall
the objects war aad the President the duty Of
endeavorng 10 obtain those objects by the direction OF
the national force and by diplomacy.
I am broachng no new and speculative theory. The
Statne book Of the United Sizes Is full Of examples Of
prior declarations by Congress Of the objects to be ct
lained by negotiation with F0egn Powers and the ar
ehves OF the Executive Department furnish sbsndant
evidence of the accomplishment Of those Objects or the
attempt 10 accomplish them by subsequent negotiation
Prior TO the declaration of The last war against Great
Britain, In all the restrictive measures which Congress
adopted tgainst the two great beserent powers OF Ea
rope, clauses were inserted IN the several acts esiab
fishing them rendering TO both either Of the bellig
erens tho abolition Of those restrictions they would
repeal their hostile Berlin and Milan degrees ard
Orders In Council. operating yanst commerce and
navigation And these acts OfCongress were Invariably
notes to France and Great britain, as the basis upon
which II was proposed 10 restore friendly intercourse
with them SO, after the termination OF me war, va
rions acts Of Congress were passed from time 10 time
offering 10 Foreign Powers the principle Of reciprocity
in the commerce and navigation Of the United states
with them: Out ofthese acts have sprung aesss apd
large class oftreaties -four five which were negoua
ted, whilst was In the department Ofsiae,) commonly
called reciprocity treaties concluded under all lhe Prei
dents and from Mr. Madison to Mr.. Van Buren,, tnchi-
sive. And, with regard commercL treaties, nego-
tsted without the sanction ef prior acts OF Congress-
where they contained either Appropriations or were in
conflict with unrepeaed statutes II has been ever he
republican doctrine from Mr.. lays treaty down
the present time, that the passage OF acts Of Congress
necessary the execution OF those treaties
If in the matter Of Foreign Commerce, 10
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 the objects TO which negota-
ton shall be applied, how much stronger is the
case Of war, the power to declare which is con-
fided exclusively to Congressl
| conclude, therefore, Mr. President and Fell
low Citizens, with entire confidence, that Cor
gress has the right, either at the beginning, or
during the prosecution Of any war, to decide
the objects and purposes for which il was pro-
claimed, or for which il ought to be continued
And, think, IL is the duty Of Congress, by
some deliberate and authentic act, to declare
| for what objects the presen war shall be long
er prosecuted. suppose ne President would
not hesitate to regulate his conduct by the pro-
nounced will Of Congress, and to employ the
force and the diplomatic power OF the nation
to execute that will. But, ifthe President should
decline or refuse to do so, and, in contempt o.
the supreme authority Of Congress, should per-
severe in waging the war, for other objects
than those proclaimed By Congress, then i
would be the imperitive dsty Of that body Il
vindcate its authority, by the most stringent
and effectual, and appropriate measures. And
il, on the contrary, the enemy should refuse
a treaty, containing stipulatiOns securing thu
objects designated by Congress, il would be
come the duty of the whole government 4
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