Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1847-12-09

Of offensive aggression. It is Mexico that is de-
Tending her fre.sides, her castles, and her affairs,
and not we. And how different also is the con-
duct Of the wing party of the present day from
that Of the major part of the federal party dur
ing the war of 1912. Far from interposing any
obstacle to the prosecution Of the war, if the
wings in office reproachable at all, it is for
having lent too ready facility TO it, without care
ful examination into the objects OF the war. And
oft Of Office, who have rushed to the prosecution
of the war with more ardor and alacrity than the
wings? Whose hearts have bled more freely
than those of the wings? Who have more oc-
casion to mourn the loss of sons, husbands broth
ers, fathers than wing parents, wing wives, and
whig brothers, in this deadly and Improbable
strife?
But the havoc of war is in progress, and the
no less deplorable havoc Of an nhospable and
pestilential climate. Without INDUCING in an
unnecessary retrospect and useless reproaches
on the past, all hearts and heads should unite in
the patriotic endeavor to bring it to satisfacto-
ry close. Is there no way that this can be done?
Must we bindly continue tho conflict, without
any visible object, or any prospect of definite
termination? This is the important subject up
on which desire to consult and communicate
with you. Who, in this free government, is to
decide upon the object of the war, at its COM
mencement, or at any time during its existence?
Does the power belong to the nation, in the col
lcctive wisdom Of the nation in Congress assem-
bled, or is it vested solely in single functionary
OF the government
A declaration Of war is the highest and mos.
awful exercise OF sovereignty. The convention
which framed our federal constitution had learn
ed from the pages of history that it had been of
ten and greatly abused. 1t had seen that war
had often been commenced upon the most triflDg
pretexts; that it had frequently been waged to
establish or exclude a dynasty; 10 snatch
crown from the head Of one potentate and place
it upon the head Of another; that it had often
been prosecuted to promote alien and other in
terests than those Of the nation whose chief had
proclaimed it, as in the case OF English wars for
Hanoverian Interests; and, in short that such a
vast and tremendous power ought no: to be con-
fded 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 "a
buses which its wisdom devised, was lowest the
war making power in the Congress of the Uni
ted States, being the immediate representatives.
of the people and the States. SO apprehensive
and jealous was the convention 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
system of government, is the sole depository of
that tremendous power.
The Constitution provides that Congress shall
marque and reprisal to make rules concerning
captures on land aud water, to raise and support
armies, to provide and maintain a navy, and to
make rules for the government of the land and
naval forces. Thus we perceive that the prlnci-
pal power in regard to war, with all its auxilIa-
ry attendants, is granted to Congress. When
ever called upon to determine upon the solemn
question of peace or war, Congress must consid
err and deliberate and decide upon the motives,
/ objects and cause of the war. And if war be
commenced without any previous declaration of
its ects, as IN the case OF the existing war
with Mexico, Congress must necessarily possess
the authority, at any time, to declare for what
purpose it shall be further prosecuted.
If we suppose Congress does not possess the
controlling authority attributed to it; if it be
commended that war having been once comment
: ced the President of the United States may di-
= rect it to the accomplishment of any objects he
pleases, without consulting and without any re-
gard 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 the President, must have the
right ofdeermnng upon the objects for viii n
war shall be prosecuted. There is no other al
ternati'e. If the President possesses it and may
; prosecute it for objects against the will of Con-
gress, where is the difference between our free
: government and that of any other nation which
may be governed by an absolute Gar, Emperor,
= or King?
Congress NAV omit, it has omitted in the pres
; ent war, to proclaim the objects for which it was
commenced or has been since prosecuted, and
in case Of such omission, the President being
: charged with the employment land direction Of
the national force, is necessarily left to his own
!. judgment to decide upon the objects to the at
tainmont of which that force shall be applied
D But whenever Congress shall think proper to de-
l. clare, by some authentic act, for what purpose
l.oh hall
$ the duty of the President to apply the national
a force to the attainment of these purposes. In
the instance OF the last war with Great Britain,
= the act of Congress by which 1t was declared
was preceded by message OF President Madi-
) son enumeraling the wrongs and injuries of
s. which we complained against Great Britain
J. That message, therefore, and without It, the well
known objects of the war; which was war pure
o " of defence, rendered it necessary that Con-
! gress should parcularize, in the act, the specific
F' objects for which it was proclaimed. The whole
+ world knew that it was a war waged for free
trade and sailors rights.
" 1t may be urged that the President and Sem
, ate possess the treaty making power, without a
. ny express Limitation to its exercise; that the
:, natural and ordinary termination of war is by
? treaty of peace and, therefore, that the Pres
e ident and Senate must possess the power to de-
IS eide what stipulatlons and conditions shall enter
i into such treaty. But it is not more true that
:, the President and Senate possess the treaty ma
= king power without limitation, than that Con-
A gress possesses the war making power, without
7 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 especially
u the great object of the Convention in taking the
II war making power out of the hands of single
, man, and placing it in the safer custody of the
: representatives OF the whole nation. The desir-
. able reconciliation between the two powers is
+ effected by attributing to Congress the right to
y declare what shall be the objects of war, and
to the President the duty of endeavoring to OBJ
= tain those objects by the direction Of the nation
. al force and by diplomacy.
. am broachng no new and speculative theo-
G nv. The statute book Of the United States is
=. full of examples of prior declarations by Con-
e gress of the objects to be attained by negotia-
d tons with foreign powers, and the archives OF
the executive department furnish abundant evi-
d dence of the accomplishment OF those objects,
: or the attempt to accomplish them, by subsequent
# NEGOTIATION. Prior to the declaration oil the last
war AGAINST Great Britain, in all the restrictive
!. measures which Congress adopted against the
,r two great beligerent powers OF Europe, clauses