The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1847-12-02

rules concrFning eaPsnTes On land aha
EaleE. - Iaise and FaPpoEl aEnlss, 70 PEo-
ride and mainsain = naEy.- and 70 make
Tules Tor Lar gosrEnmrnI &c he land and
naval EoErfs. Thus &c peHrrise lhai ilar
pTinriral pOwes. il sssaUa 10 xaE. Eilh al
10 auAillzsy attendants. i granted % Tan
gnss. Whenever rallrd upoa 10 deter
mine upnn he salsmn aaesilon a Pesce
81 NzI. Cougars must rnaSlieE aud driib-
sF4le and drciAe upon Tie motives 90
ierls, and csusrs nI Ihe wsr. And. Il =
War b. commenced withOal ans pEsEiosis
dsrlzr-lian 81 is 0hleels. - in he rsSe 81
the existing MAR with MeEiso. Congress
must NECESSARILY possess lie aaIhariiy. ~
any time. 10 declare Tor What purposes q
shall be lurihrT prosecuted. ~ we sup
POsr Congress does Dot possess The eoii-
Irolling aulhngily allnhnlcA n it'll Il be
commended gilst > war haEing heen oaee
commenced. the President Of me United
States may direrg il 10 the accomplish
menl u any objects he pleases. without
consulting and without any regard 10 The
will Of Congress. the Convention viii
have unerly failed in guarding the nation
against The abuses and ambilion Ol . sin
gle individual. Either Congress ar the
President must hare The right Of deter
mining upon the objects for which = war
shall be prosecuted. Them Is No other
alternative. II the President possess II
and may prosecute il Cor Objects against
the will Of Congress, where il the differ
enee between our free Government and
that Of any other nation which may he
governed by al absolute Car. Emperor.
or King!
Congress NAV omit. a. il has omitted
in the present war. TO proelaim the ohjcc,s
inr whirh IL was commenced or HIS been
since prosecuted. and in eases Of surh
omission the President. being charged
with the employment and direction Of the
national force. is necessarily left To his
own Judgment 10 'leri,le nPon the objects
TO The alIa;nmrni Of which that force shall
be applied. But whenever Congress shall
think proper to declare. by some auIhen-
tic ART, for what puIposees val shall be
commenced or continued. it is the duty of
the President To apply the national force
to the attainment of those purposes. In
the instance of the last war with Great
Britain. the net of Congress by which IL
was declared was preceded by message
Of President Madison enumeraling the
wrongs and injuries az which We com
planned against Great Britain. That mes.
sage, therefore. and without il the we'll
known objects of the war. which was Il
war purely Of defence. rendered il unne.
cessary that Congress should particular
ize in the act the specific objects lnr which
il was proclaimed. The whole world
knew that il was war waged for free
trade and sailors rights.
II may be urged that the President and
Senate possess the lrealy-making power,
without any express limitation as to its
naser, ;ss ti,s. abe ns,.,sal anal nrslin -
termination Of war il by treaty oil
peace aud, therefore, that the President
and Serate must possess the power TO DE.
eide what siipulalions and conditions shall
enter into such treaty. Bat il is not
more true that the President and Senate
possess the reaiy.makiug power, without
Limitation, Than that Congress possesses
the warmaking power without restriction,
These two powers, then, ought to be so
interpreted as 10 reconcile the one with
the other; and. in expounding the cons,i-
tuition. We ought TO keep constantly in
view the nature and structure Of our free
Government. and especially the great ob.
jccl Of The Convention in taking the war
making power out Of The hands of a SIN
gle man and placing il in the safer cus,o-
dy Of the representatives Of the Whole IA
ton. The desirable reconciliation be.
tween the two powers is effected BY at.
,ributing to Congress the right 10 declare
what shall be The objects OF a war. and TO
the President the duty of endeavoring to
obtain those objects by The direction Of the
national force and by diplomacy.
/ am preaching no new and speculative
theory. The statute hook of the United
States Is full of examples Of prior declara.
lions by Congress Of the objects In he at
tanned by negotiations with foreign Pow.
crs. and the archives of The Executive De-
partment furnish abundant evidence of the
accomplishment, Of those objects, or the
attemp, to accomplish them. by sub<e-
quenl negotiation. Prior to the declara-
lion Of the last war against Great Britain,
IN all tac restrictive measures which Con.
gress adopted against the two great belli-
gerant Powers Of Europe, clauses were
inserted in the several arts establishing
them, rendering 10 both or either of the
helligerents the abolirifs f those reslric-
lions if they would repeal their hostile
Berlin and Milan decrees and orders in
council, operating against our commerce
andnavigatios. And these acts Of Congress
Yers invariably communicated, through
the Executive. by diplomatic notes, to
France and Great Britain, as the basis up.
on which ii was proposed to restore friend.
Iy Intercourse with them. So, after the