The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-06
DAILY NATIONAL WING.
WASHINGTON, D. G.
SATURDAY MORNING. JANUARY 8, lsi0.
THE PRESIDENTS WAR DOCTRINES

1t appears to us, that the fundamental err
ror Of the Presidents war doctrines and war
practices, consists in his claiming for the
Federal Executive the title and powers Of
conqueror.
The basis Of this claim, he contends, is
found in those two clauses fthe Constitution,
which declare that, he President shall be
connaader-m-chieJ n me army and nary
If HE United States, and hat he shall
tnke care hut ihe lars be Iaithluly ere
caied
II will be seen from the language Of the
clauses in question, that the claim set up is
entirely constructive one. The President
does not pretend that there is any clause in
the Constitution comforting upon the Fed
eral Executive the entire power of the ma
ton in time Of war But the possession,by the.
Federal Executive, Of the entire power Of
the nation in time Of war, is absolutely ne
cessary TO sustain the war doctrines and
war practice Of The President, and he bold
y claims 10 derive It by construction from
the two clauses Of the Constitution just re-
cited
He is either right or he is wrong, in the
construction he has placed upon these clau-
scs Of the Constitution. If he is right, then,
his arguments and conclusions are cor
rect; if he is wrong, they necessarily fall to
| the ground.
Our written Constitution itself is prima
facic proof, that the Government Of the
United States is government Of limited
powers Men do not write down on parch-
ment or paper constitutions for governments,
with unlimited power. Neither Russia nor
Great Britain has written constitution,
andHthe governments Of those countries eXer-
else unlimited powers.
But consultation of our Constitution
confirms the idea, that ours is Government
Of limited powers--limited, not only in re-
gard TO the given number Of subjects over
which il has power, but limited in the mode
Of exercising the power conferred. The
/ aw-making, the law-executing, and the
llaw-interprct.ns powers, are divided, the one
from the other, and each of them is defined
and limited in express terms.
There is no rule better established, .aan
the one which requires that, to arrive at the
true meaning Of written instrument, it
must be construe as whole or pdri male
ria. Constructive powers Of government,
derived from written instrument, inrari-
ably have their origin in the principle Of ne
cesaity II must appear that the exercise Of
such powers is necessary to the existence and
well-being Of the Government, while, at the
same time, they ought 10 flow naturally and
uncor STRANGELY from the language the writ
ten instrument, in order 10 obtain general
consent.
Now, ii seems to us, that neither Of these
rules will Justify the President in his inter-
probation Of the clauses Of the Constitution,
from which he derives the autocratic or su-
preme power necessary to wage war as a
conqueror Indeed, the exercise of auto
cratic or supreme power by any one branch
Of the United States Government, is no
where conferred or even recognised in the
Constitution The action Of two or more
branches Of the Government appears to be
invariably requisite to the exercise Of SUI
preme power. There is relation to, connec-
ton with, and responsibility to each other,
in every branch Of the Government, either
before OF after an act. The idea Of SUI
ipremacy in any one branch Of the Govern
ment is foreign 10 the whole Constitution.
| The Government IS one Of checks and bal
anres in theory, and ought TO be one Of
checks amp balances in practice.
I The President shall be Commander-in-
CAicJ Of me Army md Nary Of he United
Siates-says the Constitution But does it
follow thence, that the power thus conferred
is supreme, autocratic' Surely not. 1t is
power that bears close relation to other
powers. 1t is a power that cannot be exer-
cised independently Of the Constitution and
the laws. Unjust be exercised under the
Constitution and the laws, which together and
separately are the only expression ofsupreme
power in the land. Parts Of the Constitu-
ton and parts Of the laws cannot be sun
dered from their necessary connection, and
made the basis of supreme action, without
doing violence to the whole Constitution, the
whole laws.
Congress, by the Constitution, is invested
with power, to make rules concerning cap
lures on ia,ld and waier. The President.
in our opinion, cannot exercise his power as
Commandcr-in-Ch Chief Of the Army and Navy
in derogaton Of the power given to Corr
gress to make rules concerning captures e,n
land and water, or in contradiction to it.
Yet, il appears, that he entirely dsregarded
this provision Of the Constitution, and IN ade
lr,,I r.