The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-03-04

the direction OF single head The trainers of the CON
saqon were not ignorant or inattentve to these dis
tinchons; and accordingly, clearly developed them in
their debates on the constitution hold in nv hand Mr.
Nladson's Debates In the Convention which made and
adopted II and appears that, as the constitution was
reported by the select committee to the convention if
gave the power to Congress to ''make Bar" Mr. Mad
son and Mr. Gerry moved to insert eelare" striking out
me WORD make Mr. Sherman said, make is better
man aectdre Inc iduer narrowing the power much
Mr. Gerry argued. that if the clause remained as it was
giving Congress the power TO make war; the power to
declare sgdr would be IN the Executive Mr. Mason ar
gued to the same eiect-agans giving the power of de-
canng war to the Executive. The argument of these
two latter gentlemen clearly implies that all executive
power by the constitution being vested in the President
all power over war; not expressly taken from him. would
remain with HIM. On the motion to insert 'declare' in
the place OF make, II agreed TO- Connecticut first
VOTED against the alteration; but, 'on the remark of Mr.
king that make war might be understood conduct IT,
which was an executive function, Mr. Ellsworth gave
up his objection, and the vote changed 20 aye"
Here then, was proposed and inserted in the const
tuition, togve to Congress the power TO make After
debate the word "make' is stricken out and the word
declare is inserted, with the clear intention of giving
10 Congress no power to make or conduct war; but eav
lng this executive function" entirely with the Pres
dent This ought to settle the question, If the intention
al thosa who made the constitution Of any authority
But whilst coniendng that Congress has not the war
making power under the constitution, let me not be I'M
dersiood as denying that Congress may control Con-
sress is omnpotenl over the supplies We may refuse
TO vote dollar for the support continuance OF a war
or we may, in granting the supplies, put any limitations
or conditions we please on their application by the
Executive This House, where all supply bills By the
constitution, must originate may refuse to pass them
and thus, by It's action alone put end to war; far
as want OF money can end il. The Senate may
also, by rejecting the supply bills, force the
suit on the Executive stand on the ground oc.
eupied BY the republican party in 1875. in the discus
son oil Jays rcaiy III, TO enforce a treaty. carry
on any other function OF government money is required
oi as we grant a. or not At discretion or we may
grant u any conditions we think proper TO prescribe
Our iiends on the other sde, who have majority OF
ms house, can, therefore, stop the existing with
Msxeo at any time they please by declaring their deter
nsnailoa 10 refuse The SUPPLIES for the President sup.
pose, does NOT ssAcfy realize the Romans definition of
rich inAn-oes whe ean Support an army. Or they may
Fss, The saPlss via tn condition that they shall be
used o0g " ssiAdsw troops iron Mexieo to this
sds 81 ne Re- onnAs ms Eseeauve would be bound
p eaaefp y ne cpaitioa aaa Withdraw troops,
~ sssss A. - agerahaa II Congress 5 necessary
- a. elHi.Haserf n sn4 - eoaifol Is immense
ssA asS y ssHr'esss = ss*aassias Il
~ - A'seeasa iuTgs,'ns the pres-
srm - ~ - pessr. pa han beyond re-
- iiss exercise OF has
~ a. Faai eneiy q impeaeh-
~ m .s-s' s .S'n A asaas' ss'
~ rsipiced and lux
- ss ,ss ihs resolution,
~ 80 sth AsSco, ye, he
ss 81 mos eNiraordi-
way upi be triumph
sstlsaaf, therefore. TO pa,
asssg n has resolu.
aisfs hlIsier. Ii4ser--false
d ~ asssnips--lo an i'm
t~at ,a4afs n H. uhon. the
Aa sas. TIE immediate
ub1m alone they have
q Fenineni, hold II IN
f alaui'ns Of the senate
8 eFea councillors. in the
es ~ peside, and the constitution
eeensa Mha they will not con
III thsn stand of fall, under
faf anf heir country. Shall we
aas9N me nrnate may no, perform
nv oPaaion, would be un
assatts1re % me people, aad but little short
aHa NJ linu Interests and honor. | say it
sga lhs isw who know intimately
49, NJ 4srlaFauon = no, made with the
M a. As frs.dsag had une on asn%sa
ssFes msw0f eoaii have moved his impeachment.
so asf gnaigAi,na the constitution, but my nteg
fiiy representative OF the people, delinquent
% my ifasi 10 not impsaebing the President he did
not uaoensiratloaally begin the cannot escape
member Of the last Congress escapethis dilemma
Bat LET AS admit that the wp-mating power is in
Congress Those who affirm that il in Congress- speak
pf as power. Independent OF the President by which
he is to be controlled Now, what Congress do in
dependen, of the President i has legislative powers
bat all these powers carried into effect by bills JOINT
resolutions passed by both houses of Congress These
bills resolutions, after passing both houses of Con-
gess must be submitted 10 the President, and be
red by him. before they become laws So, after ALL
this making power in Congress, only be
ercised by the Concurrence of the President He may
veto and veto absolutely, parties now exist-all the
WM-Wd OF congress- lue SuppOSiuOn, tlcIl, ultt
Congress may do anything concerning the war; con
trolling the President by any independent action OF Its
own, is deluson. But pass this difficulty
and concede TO Congress the absolute power OF passing
laws in pursuance OF its warmakng powers prescribing
and ordaning the purposes and objects of the war
What would this be, but making Congress, In the first
place, the commander nchef of the army and navy of
the United States and in the second place, vesing it
with the treaty making power
Sir, if Congress has the power OF making conduct
ing war; 1t must command the instruments by which war
Is alone made conducted 1t is hardly good sense,
much less good craftsmanship to contend that Congress
Is the armakng power under the constitution and can
determine and prescribe the objects and purposes OF war;
and yet can exert control the army and navy by
which only it is waged For, If Congress has not this
CONTROL then the army and navy may 60 fighting in
vading and conquerng despite these objects and pur
ly For instance Congress declares and prescbes that
the object and purpose of the with Mexico shall be
solely defensve-to defend frontier on the Nueces
from Mexican invasion. 1t is notorious that this the
opinion of many gentlemen on the other side OF the
House. should be the sole purpose and object of the
Can the army leave defensive, and assume aggressive
operaons Can it be marched after all danger OF inva-
sion of frontier is removed into the heart of Mexico
until our eagles fly her vanquished capital' If so
then the object and purpose declared by Congress
wase-p paper. The command of the army and navy ne.
cessarly becomes vested in Congress- il has the
making power under the constitution; and, by virtue
OF this power, limit and prescribe the objects and
purposes OF war Even however, if Congress had
the power of commanding the army and navy in
war, it would avail but little to obtain the objects
and purposes they may declare, unless they make
another stride the constitution, and seize also the
treaty making power For after all the maneuvring