Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1848-04-07

comprehended under the implied powers Of
the Executiye-that is, the powers neces-
sary aud proper to carry out those express.
ly delegated to him. IL so, point out the
power which il is intended to carry into
execution. But let the say TO gentlemen in
advance, If you do this you will no, remove
the difficulty. IL you should succeed in
showing that il is an implied power, which
hold TO be impossible, you must still
point out an act Of Congress to authorize
its exercise. The trainers of the coustitu-
tioh, IN their great sagacity, have taken
care TO insert a provision in the constitu.
ton investing Congress amply with the
power to pass all laws necessary aud prop.
cr to carry into execution, not only its own
powers, but those vested in any department
or office Of the government. | refer TO
what is usually called the residuafv clause,
which provides " that Congress shall have
power to pass all laws necessary and pro-
per to carry into execution the foregoing
powers, (that is, powers invested in Com
gress,) or powers vested in any of the de-
partments or offices Of the government
Then, If it is an implied power, it becomes
a Congressional power by this express pro-
vision. aud must have the sanction Of Con-
gress for carrying il into effect.
But il may be said that the President is
commander-in.chief Of the army in Mexico,
and that it is an essential part OF the owe
Of the commandments to impose a sys.
TEN Of taxation in the enemy's own coun-
try. Ii, indeed, it be an essential part Of
the power, it canine be separated from it
without destroying the power itself, and it
must of course belong 10 him as command
er in the United STATES, as well rs in Mex.
CO, or in any other conquered territory
But 1t is manifest that il cannot exist with
in the limits Of the United States, because
the constitution expressly invests the same,
not Ia the President, but in Congress. But
TO this it may be said, as distinction be-
tween exercising the power in the United
States. and exercising i, in Mexico. or any
other place beyond the boundary Of the U.
States, where our army may be operating.
To this | answer by asking why so -
What makes the distinction 7 What pos
sible reason can be assigned why the pow
er may be exercised in the one and not in
the other! Who can answer these ques-
tons
But if il is the case, if the President can
exercise in Mexico a power expressly given
to Congress, which he cannot exercise in
the United States, | would ask where is the
limit to his power in Mexico Has he also
the power Of makinga preparations Of mon
ey collected in Mexico. without the sane.
ton Of Congressl This he has already
done has he the power 10 apply the mon.
] nv IN Nyl alau0r nurn1aa ka 49, eh.rk ..-.
er, and among others TO raise a military
force IN Mexico, without the sanction Of
Congressl That also he has already done.
But if there be no limitation, then his DOW.
ers are absolute and despotic in Mexico,
and he stands in the two-fold character Of
the constitutional President Of the United
States. aud the absolute and despo,ic ruler
Of Mexico. To what must this conclusion
lead 7 What may he not dol lie may
levy taxes at his pleasure, either as to kind
or amount he may establish the rules and
regulations for their collection he may
dispose OF them, without passing the pro-
ceeds into the treasury, to any object or for
any purpose he may think proper, and is
not liable or responsible TO Congress, or
any other authority, in any respect whatev.
err, in doing all this. He may, Of course,
raise armies. and pay them out of the pro-
ceeds Of the taxes he may wage war
against the ~neiehboring countries 10 the
south Of him at his pleasure. and extend
his authority, by force of arms, TO whatever
extent he may desire o. he may equip a
fleet ard assail the Islands Of the South
Sea or he may direct il against Japan, or
any other country he may think proper
Nay, farther he may turn his army against
his own country, and make ii the inslru-
meni Of its subjugation. Against all this
there is no remedy. aud can be none if he
has the power which must necessarily re.
suit from the principles which would invest
him with the power Of leyying taxes.
But, it may be asked, what are the limi.
tations upon his power as co~mmander-in IN.
chief2 The answer is an easy one. His
power is to command the army. Let US
put a true value upon words. To CON-
mand in chief, is to have the supreme con.
troll in conducting and directing the army
IN its military operations. Such is its pow.
er, and only power. 1t is a restricted one,
of which the constitutional legislation oil
the country furnishes many evidences. The
very act which recognizes war with Mexi-
CO invests him with the power Of using the
army and navy for its prosecution, clearly
indicating that the power Of using them for
that purpose required the authority of law
IL we look back at all the declarations of wal
which have been made by this government
we shall find that they all in like manner,
conler the same power on the President.
Besides. il we turn to the laws ia refer
ence TO suppressing instructions, it will BE-
found that they expressly authorize the
President to use the militia and the army
for the Purpose-showing. in like manner
the prevailing opinion heretofore that the
sanction OF law was necessary 10 use a mi.
litary force for this purpose as well as in
carrying into effect a declaration Of war
Such also is the case in reference TO repell
! ing invasion. If there be any power which
one would suppose would belong TO The
President as commander. in.chief, il woull
! be that of Establishing rules and regulations
; Tor the government Of the army but if w
turn TO the constitution, we shall find ever
t that power is conferred by express proyis
, ion upon Congress all going TO show with
! in what narrow limits the constitution an,