Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-27


able havoc OF nhospitabe and pelenlal climate With
out INDUCING in unnecessary retrospect and useless re-
proaches the past all hearts and heads should unite IN the
patriotic endeavor TO bring it to satisfactory close Is there
no way that this be done Must bndy continue the
conflict without any visible object any prospect oil deh
mite termination Thss the important subject upon which
desire TO consult and with you Who, IN this
free government decide upon the objects OF war, at Its
commencement, at any time during lis existence Does
the power belong to the naon the collective wisdom the
nation in Congress assembled vested solely IN single
functiouary Of the Government
declaration of the highest and most awful exercise
of sovereignty The Convention, which framed our Federal
Constitution had learned from the pages Of history that had
been often and greatly abused 1t had seen that war had
often been commenced upon the most hng petexs that it
had been frequently waged establish exclude dynasty
snatch from the head Of Poentae and place 1t
upon head of another that it had been often prosecuted
TO promote alien and other interests than those of the nation
whose chief had proclaimed it, the OF English wars
for Hanoyeran interests and in Short that such vast and
tremendous power ought not to be conded to the pelous
exercise of single The Convention, therefore,
solved guard the making power against those great
abuses of which, in the hands Of monarch it sucep
be And the security against those abuses which Its wisdom
devised to vest the war-makng in the Congress
of the United States being the immediate representatives of
the People ana apprehensVe jealous
the Convention of its abuse in any other hands, that inter-
dcted the exercise of the power to any State in the Union
without the consent of Congress Congress, then, in
system of Government the sole depository of that
dous power The constitution provides that Congress shall
have power declare and grant letters of mafque and
prsa make rules concerning captures land and water,
raise and support armies provide and maintain navy,
and make rules for the government OF the land and naval
forces Thus perceive that the principal power in regard
war; with all its ancllary attendants is granted to Con-
gress Whenever called upon determine upon the solemn
question Of peace war; Congress must consider and debe
and decide upon the motives Objects and causes of the
war. And if be commenced without any previous de-
claraon of its Objects the of the existing with
Mexico, Congress necessarily possess the authority
any me declare for what purposes shall be further pro-
secuted. If suppose Congress does not possess the
controlling authority attributed to tiff il be conended that
war having commenced, the President of the Uni
ted States direct the accomplishment of any objects
he pleases without consulting and without any regard the
will of Congress- the Convention will have utterly failed in
guarding the nation against the abuses and ambition OF sim
gle individual Either Congress the President must have
the right of determining upon the objects for which shall
be prosecuted There is no other alternative If the PIesi
dent possess and prosecute II for objects against the
will of Congress, where is the difference between free
Government and that of any other nation which may be gov
erned by an absolute Car, Emperor, King
Congress may omit has omitted in the present to
proclaim the objects for which commenced has been
being charged with the employment and direction of the
onal force, necessarily left TO his judgment to decide
upon the objects the attainment of which that force shall be
applied But whenever Congress shall think proper to de-
clare by authentic act for what purposes shall be
commenced continued it the duty of the President APP
ply the national force the attainment of those purposes In
the instance of the last with Great Britain the act of
Congress by which declared preceded by message
Of President Madison enumerang the wrongs and injuries of
which complained against Great Britain That message
therefore, and without the weknown objects Of the
which purely of defence, rendered unnecessary
that Congress should paculaize in the act the specific OBJ
ects for which proclaimed. The whole world knew
that it was waged for free trade and sailors rights
1t may be urged that the President and Senate possess the
making power, without any express limitation TO its
exercise that the natural and ordinary termination OF
peace and therefore, that the President and
Senate the power decide what spuaons and
conditions shall enter into such treaty But it is
that the President and Senate possess the making
power without Imitation than that Congress possesses the
making power without restriction. These powers
them ought to be interpreted reconcile the with
the other; and, IN expoundng the constitution ought 10
keep constantly in the and structure
Government and especially the great object OF the Convention
in akng the warmaking power Of the hands OF single
and placing in the safer custody Of the representatives
of the whole nation The desirable reconciliation between
the powers is effected by atbuing Congress the right
to declare what shall be the objects OF and to the Pre-
sent the duty Of endeavong to obtain those objects by the
direction OF the national force and by diplomacy.
am broaching and speculative theory The sta
tue book Of the United States is full of examples prior
caaons by Congress OF the objects be attained by
aons with foreign Powers and the archives of the Execu-
live Department furnish abundant evidence of the accomplish
Of those Objects the attempt accomplish them, by
subsequent negotiation Prior the declaration of the last
against Great Britain, all the restrictive measures which
Congress adopted against the two great begent Powers
Europe clauses inserted the several establishing
them rendering both either of the begeens the abo-
lon Of those restrictions if they would repeal their hostile
Berlin and Milan DEGREES and orders in council operating
against our commerce and navigation. And these of
Congress were invariably COMMUNICATED, through the Execu
tive by diplomatic notes. TO France Geat Btaln the
basis upon which proposed to restore friendly inter-
with them. So after the termination of the war; va
rious Of Congress passed from time time Offering
foreign Powers the principle Of reciprocity in the commerce
and navigation Of the United States with them Out Of these
acts have sprung class and large class Of treaties four
five Of which negotiated whilst in the Depart
men Of Sae) commonly called reciprocity treaties concu-
ded under all the Presidents from Mr. Madison to Mr..
Van Buren, inclusive. And, with regard commercial ca-
ties negotiated without the sanction Of prior acts of Con-
gres where they contained either appropriations or were in
conflict with unepealed statutes, has been held the
republican doctrine from Mr.. Jay treaty down the present
time that the passage Of Of Congress necessary
secure the execution Of those treaties IL in the matter of
loegn commerce. in respect to which the power vested
congress regulate and the treaty makng power may he
regarded concurrent, Congress previously decide the
Objects TO which negotiation shall be applied, how much
stronger i th Of the power to declare which is
hded erctasicely 10 Congress
II conclude therefore, Mr. President and Fellow Citizens
WIN enlre confidence, that Congress has the right either
te beginning during the prosecution Of any war; decide
the Objects and for which proclaimed