The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-24

principal power, In regard to war with all its auxiliary
upon to determine upon the aolsmn question Of peace
or war Congress must consider and deliberate and de-
eide upon the motives objects and causes Of the
And If a be commenced without any previous de-
clarstion OF its Objects In the of the existing
war with Mexico Congress must necessarily possess the
authority at any time to declare for what 1t
shaii be- further prosecuted II we suppose Congress
does not the controlling authority attributed to
menced the President of the United States may direct
1t to the accomplishment Of any objects peases WITH
ou' consulting 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
must have the right determining upon the objects for
which war shall be prosecuted There Is other al
ss1natiys II the President possess and may prose-
the difference between our free and that of
any other nation which be by absolute
Congress may omit as II has omitted in the present
war to proclaim the objects for which 1t commenced
or has been since and In Of such oms
son the President being charged with the employment
and direction of the national force necessarily left to
tainment Of which that for,e shall bs applied. But
whenever Congress shall think proper to declare by
continued 1t is the duty the President
to apply the national force to the attainment Of those
purposes In the instance Of the last with Great
Britain the act of Congress by which it declared
was preceded by message Of President Madison emu
planned against Great Britain. That message there
FORE and without 1t the well known objects Of the war
which was war purely Of defence, rendered it neces
sary that Congress should partcuarize in the act the
specific objects for which 1t proclaimed The whole
world knew that 1t was war wayed tor free trade and
Itmay be urged that the President aud Senate pos
sess the treaty making power without express im
taton as to its exarcse that the natural and ordinary
termination Of war is by treaty ipeace and there
FORE that the President and Senate must possess the
power to decide what stipuatens and conditions shall
enter into such treaty But it is not more true that
the President and Senate possess treaty making
power without limitation than that Congress possesses
the war making power, without restriction. These two
powers then ought to be interpreted to reconcile
the one with the ether and in expounding the const
and structure free and especially tho
great object Of the Convention in taking the making
power out of the hands of single man placing 1t in
the safer custody Of the Of the whole
ton. The desirable reconciliation between the two
effected by sttributng to Congress the right
to declare what shall be the objects of war and to the
President the duty Of endeavorin to obtain those oh
ects by the direction of the national force and by dpo
macy.
am broachng and speculative theory The
statute book Of the United States Is full of examples of
prior declarations by Congress of the to be at
tained BY negotiations with foreign powers and the
archives Of the executive department furnish abundant
attempt to accomplish them by negotiation
Prior to the declaration Of the last war against Great
adopted against the two great bsigsrent powers OF
Europe clauses were inserted In the several acts esab
the Of those vns
peal their hostile Berlin and Milan and
council, operating against our commerce and nsvisa.
ton. And these acts Of Congress invariably
muncated through the executive by dpolma clio notes
to France and Great Britain the basis upon which
proposed to restore friendly intercourse with them
&c. after the termination of the war; various acts of
Congress were passed, from time u time, Offering to
mercs and navigation Of the United States with them
Out of these acts have sprung class and large class
treaties -four five Of which negotiated whilst
WAS in the department of State, commonly called re-
ciprocity treaties, concluded under all the Presidents
from MIR. Madison to Mr.. Van Buren,, inclusive. And,
with regard to treaties negotiated with the
sanction of prior acts Of Congress- where they contained
either appropriations in conflict with
sto tvrtaa ha haar haIAs
that the passage Of acts Of Congress
foreign commerce, in respect to which the power
vested In Congress to regulate and the treaty
previously decde objects which negotiation sha
be applied, how much stronger Is the Of war the
power to declare which Is conhded exclusively to
conclude, therefore, Mr. President and feow.citi-
with entire confidence, that Congress ha, the
right either at the beginning during the prosecution
Of any war, to decide the objects purposes for
which it was proclaimed, for which it ought to be
continued. And think 1t Is the duty Of Congress- by
deliberate and authentic act declare for what
objects the present war shall be longer prosecuted.
conduct by the pronounced win of Congress and to en-
ploy the force and the diplomatic power Of tbs nation
execute that will But, If the President should decline
refuse 10 do 30, and in contempt Of the supreme
authority Of Congress- should persevere In wagng the
for other objects than those proclaimed by Con
body to vindcate its authority by the stringent
and effsctusl, and appropriate measures. And, IT,
n
treaty, containing stipuations securing the objects
designated by Congress- IL would become the duty the
whole government to prosecute tbs war, with all the
national energy until those objects attained by
treaty Of peace There can BIO insuperabe difficulty
in Congress making such authoritative declaration
q Of conquest and, II a Of conquest what Is to
be conquered should resolution pass, disclaiming
sixty days if the President would conform to his con-
stitutional duty.
Here fellow -citizeus might pause having indicated
n nv he throuV it.d
legitimate representatives IN Congress, announce
for what purposes and objects this shall be longer
prosecuted and can thus let the whole people Of the
United States know for what their blood Ia to be
further she'd and their treasure further expended in
stead Of the knowledge Of being looked up
oealsd in the bosom Of one man. We should no longer
perceive the objects OF the varying time to
Magistrate chsrssd With its PROSECUTION. But do mot
think right to step here II is the privilege of the
people IN their primitive assemblies, and of every pri-
CORD to the purposes for which the should be CON
nued and such An expression will receive just 30 much
consideration and consequence it is entitled to- and
Shall this war be for the purpose of on
quering and annexing Mexico in all liz boundless ex
tent, to the United States!
will not attribute to the President Of the United
States any such design but | confess | have been
shocked and alarmed by Manifestations Of it in various
quarters or all the dangers and nisfortunes which
could befal this nation should regard that of s be-
coming waIlike and conqucring power the most dire
full ana fatal History tells the mournfu tale Of
querng nations and conquerors The three most cee-
brated conquerors in the civilized world Aexan-
der, Co,ar and Napoleon The first after overrunning
large portion of Asia and signing and amenting that
and ignobls death. His Lieutenants quarr.lIsd and
warred with each other to the spo OF his Victories
and finally lost them all Cesar, after conqusrng Gau
returned, with his triumphant cgions TO Rome passed
the Ruboon, the battle OF Pharsslia tramped upon
the liberties Of his country and expired by the patriot
hand Of Brutus But Rome ceased to be free. War
and conquest had enervated and corrupted the
The spirit OF true liberty extnguished, and long
sted in huu