Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1847-12-11


confded to the perilous exercise of one
single man. The Convention, therefore,
resolved to guard the war.making power
against those great abuses, of which in the
hands Of monarch it was so susceptible.
And the security, against those abuses
which its wisdom devised, was to vest the
war-making power in the Congress of the
United States, being the immediate repre-
sentative of the people of the States. So
apprehensive and jealous was the Conven.
ton of its abuse in any other hands, that
it interdicted the exercise Of the power to
any State in the Union, without the consent
of Congress. Congress. then, in our sys.
tenn of government, is the sole depository
Of that tremendous power. The Consti.
tuition provides that Congress shall have
power to declare war, and grant letters of
marque and reprisal, to make rules con.
corning 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 naval forces.
Thus we perceive that the principle pow.
or, in regard to war, with all its ancllary
attendants, is granted to Congress. When
ever called upon 10 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, if war be commenced
without any previous declaration of its
objects, as in the case of the existing war
with Mexico, Congress must necessarily
possess the authority, at any time, to de.
clare for what purposes it shall be further
prosecuted. If we suppose Congress does
not possess the controlling authority a,trb.
uted to it; if it be commended that a war
having been once commenced, the Pres.
dent Of the United States may direct it
to the accomplishment of any objects he
peases, without 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 single individual. Either
Congress, or the President, must have the
right of determining upon the objects for
which war shall be prosecuted. There
is no other alternative. If the Presiden,
possess il and may prosecute it for obj cts
against the will of Congress, where is the
difference between our free government
and that of any other nation which may
be governed by an absolute Gar, Empe-
ror, or King'
Congress may omit, as it has omitted in
the present war, TO proclaim the objects
for which it was commenced or has been
since prosecuted, and in cases of such
omission the President, being charged with
the employment and direction of the ma.
tional force is, necessarily, left to his own
judgment to decide upon the objects. TO
the attainment of which that force shall be
applied. But, whenever Congress shall
think proper to declare, by some authentic
act, for what purposes war 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 act of Congress by which it
was declared was preceded by message
Of President Madison enumerating the
wrongs and injuries of which we COM
planned against Great Britain. That mes
sage therefore, and without it the well
known objects Of the war, which was a
war purely of defence, rendered it unne-
cessary that Congress should particularize,
in the act, the specific objects for which
IL was PIoCidilHeu. Hc "nolo "oiiu
knew that it was a war waged for Free
Trade and Sailors Rights.
1t may be urged that the President and
Senate possess the treaty making power,
without any express limitation as to its
exercise; that the natural and ordinary ter.
mination of war is by treaty of peace;
and therefore, that the President and Sem
ate must possess the power TO decide what
stipulations and conditions shall enter into
such treaty. But it is not more true that
the President and Senate possess the treaty
making power, without limitation. than
that Congress possesses the war making
power. without restriction. These two
powers then ought to be SO interpreted as
to reconcile the one with the other; and,
in expounding the constitution, we ought
to keep constantly in view the nature and
structure Of our free government, and es-
pecially the great object Of the Conven-
lion in taking the war.making power out
of the hands of single man and placing
it in the safer custody of the representa-.
tives of the whole nation. The desirable
reconciliation between the two powers is
effected by attributing to Congress the
right to declare what shall be the objects
Of war, and to the President the duty OF
endeavoring to obtain those objects by
the direction of the national force and by
diplomacy.
am broaching no new ard speculative
theory. The Statute book of the United
States is full of examples of prior declara
tons by Congress of the objects to be at.
tanned by negotiations with Foreign Pow
ers, and the archives Of the Executive