The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-11-24


monarch, was so susceptible And the security against
those abuses which its wisdom devised was vest the
war-making power in the Congress OF the United States
DenR the Immediate representatives of the people and
the States SO apprehensive and jealous the con-
venon OF IFS abuse any other hands, that ii nteriic
ed the exercise OF the power to any State in the Union
without the consent OF Congress Congress, then in
our system OF government Is the sole depository OF that
tremendous power The constitution provides that Con-
shall nave power to declare war, and grant letters
Oh marue and reprsa to make rules concerning captures
on land and waters to raise and support armies; 10 pro-
vide and maintain navy and to make rules Tor the
eminent OF the land and naval forces Thus perceive
nat the principal power, in regard to with al It's an
cliary attendants, granted 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 be commenced without any previous dec
aration of It's objects, in the case OF the existing war
with Mexico Congress must necessarily possess the au.
hority at any time declare for what purposes it shall
be further prosecuted Ii suppose Congress does
possess the controlling authority attributed to it, if it be
sonended that war having been commenced, the
President of the United States may direct it the ac-
compshment OF any objects he pleases, without consult
ing and without any regard TO the will OF Congress- the
convention will have utterly failed in guarding the nation
against the abuses and ambition of single individual
Either Congress or the President must have the right of
determining upon the objects for which war shall be
dent possesses it, and may prosecute for objects against
the will of Congress- where the difference between
free government and that OF any other nation which may
be governed by an absolute Car, Emperor or King?
Congress may omit, it has omitted in the present
war, to proclaim the objects for which il was commenced
or has been since prosecuted and of such omis
sion, the President being charged with the employment
and direction OF the national force necessarily left to
his judgment to decide upon the Objects to the at
ainment Of which that force shall be applied But
whenever Congress shall think proper declare by
authentic act Tor what purposes shall be
ced or continued, the duty Of the President apply
the national force to the attainment of those PURPOSES
In the instance OF the last with Great Britain the
OF Congress by which it declared was preceded
by a message of President Madison enumerating the
wrongs and injuries OF which complained against
Great Britain That message, therefoeand, without it,
the well-known objects of the war, which was war
purely OF Aforementioned unnecessary that Congress
should partcularize in the act the specific objects for
which it was proclaimed The whole world knew that
it was war waged for free trade and sailors rights
tmay be urged that the President and Senate possess
the treaty making power, without any express limitation
to its exercises that the natural and ordinary ermna-
ton OF war is by treaty of peace; and therefore, that
the President and Senate must the power
eide what stpulatons and conditions shall enter into
such treaty But it is not true that the President
and Senate possess the treaty making power without
limitation, than that Congress possesses the making
ought to be interpreted to reconcile the with the
other; and, in expounding the constitution ought TO
keep constantly in view the nature and structure OF our
free government, and especially the great object of the
convention in taking the war-makng power out of the
hands OF single man. and placing in the safer custody
Of the representatives OF the whole nation The desra
Bile reconciliation between the two powers effected by
abutng to Congress the right to declare what shall be
the objects OF war; and to the President the duty of
|
national force and by diplomacy.
| am broaching new and speculative theory The
statute book OF the United States full of examples of
prior declarations by Congress of the objects to be attain
ed by negotiations with foreign powers and the archives
of the executive department furnish abundant evidence
OF the accomplishment of those Objects the attempt
accomplish them, by subsequent negotiation Prior to
the declaration of the last against Great Britain in
all the restrictive measures which Congress adopted
against the two begerent powers OF Europe, clauses
were inserted In the several acts establishing them
derng to both or either of the bellgerents the abolition
OF those restrictions il they would repeal their hostile
Berlin and Milan DEGREES anaorders in Council, opera
ting against our commerce and navigation. And these
acts of Congress were invariably communicated through
the Executive by diplomatic notes France and Great
Britain, as the basis upon which it was proposed to
store friendly intercourse with them &c. after the ter
mination OF the war, various acts OF Congress were
passed. from time to tme offering 10 foreign powers the
principle of reciprocity in the and navigation
Of the United States with them Out of these acts have
sprung class and large class, of treaties -four five
of which were negotiated whilst in the Depart
|cluded under all the Presidens-from Mr. Madison to
Mr. Van Buren, inclusive. And with regard to CONNER
ca treaties, negotiated without the sanction of prior acts
OF Congress, where they contained either appropriations,
or in conflict with unrepeaed statues has been
held as the republican doctrine, from Mr. Jays rea-
V down to the present time, that the passage OF acts of
Congress was necessary to the execution of those
treaties IL IN the matter of foreign commerce, in respect
70 which the power vested in Congress regulate it and
Congress can previously decide the objects to which ne
gotation shall be applied how much stronger the
of war, the power to declare which contded ercsaue-
ly to Congressl
conclude, therefore, Mr. President and fellow. citi
zens, with entire confidence that Congress has the right
either at the beginning or during the prosecution of any
war, to decide the objects and purposes for which it was
proclaimed or Tor which it ought to be continued And
think is the duty OF Congress- by some deliberate and
authentic act to declare for what objects the present
shall be longer prosecuted. suppose the 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
| ShOuld 10 do
and IN contempt of the supreme authority of Congress-
should persevere in waging the for other objects
than those proclaimed by Congress- then it would be the
imperative duty OF that body vndicate its authority
by the most stringent, and efectual, and appropriate
measures. And it, on the contrary, the enemy should
refuse to conclude treaty containing the spuations
securing the objects designated by Congress- would be-
come the duty OF the whole government TO prosecute the
war; with all the national energy until those objects
were obtained by treaty OF peace There can be no
superabe dflculty in Congress making such author
ltave declaration Let it resolve, simply that the war
SHALL shall not, be of conquest and if war of
conquest, what is to be conquered Should resolution
pass disclaming the design of conquest peace would
follow in less than sixty days, if the President would
conform TO his constitutional duty.
Here, fellow citizens might pause having indicated
mode by which the nation through its accredited and
legitimate representatives in Congress, announce for
what purposes and objects this shall be longer pros
ecuted and can thus let the whole people of the United
States know for what end their blood is 10 be further
shed, and their treasure further expended instead OF the
knowledge OF its being locked up and concealed in the Boz
som OF one man. We should longer perceive the objects
OF the war varying from time to time, according the
changing opinions of the Chief Magistrate charged with
its prosecution But do not think it right to stop here
10