The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1859-12-30

and depredations. shall not repeat the ar
cuments employed in former messages in
support of this measure. Suffice it to say,
that the lives of many of our eople, and
the security of vast amounts of treasure
passing and requesting over one or more of
these routes, between the Atlantic and the
Pacific, may be deeply involved in the ac-
ton of Congress on this subject.
would, Also again recommend to Con-
gress that authority be given to the Presi-
dent to employ the naval force to protect
American merchant vessels, their crews and
cargoes, against violent and lawless seizure
and confscation in the ports of Mexico and
the Spanish American States, when these
countries may be in a disturbed and reYolu-
tiouary condition The mere knowledge
that such authority had been conferred, as
l have already stated, would of itself, in
great degree, prevent the evil. Neither
would this require any additional appropri-
alton for the naval service.
The chief objection urged against the
grant of this authority is, that Congress, by
comforting it. would violate the constitution
that it would be a transfer of the war
making, or, strictly speaking, the war-de-
clarlng power to the Executive. If this
were well founded, it would, of course, be
conclusive. A very brief examination,
however, will place this objection ut rest.
Congress possesses the sole and exclusive
power, under the constitution, :" to declare
war" They alone can 'raise and supDort
armies" and provide and maintaina navy"
But after Congress shall have declared war,
and provided the force necessary to carry it
on, the President "a Communicating Chief
of the Army and Navy, can alone employ
this force in making war against the enemy.
This is the plain language, and history
proves that it was the well-knowR intention
of the trainers of the Constitution.
1t will not be denied that the general
"power to declare wan" is without lmita-
tion, and embraces within itself not only
what writer's on the laws of nations term a
public or perfect war, but also imperfect
war-and, in short, every species of hostili-
ty, however confined or limited. Without
the authority of Congress- the President can
not fire hostile gun in any cnse except to
repel the attacks of an enemy. IL will not
he doubted that under this power, Congress
could, it they thought proper, authorize the
President to employ the force at his COM
mand, to seize vessel belonging to an
American citizen which had been illegally
and unjustly captured in IL foreign port, and
restore it to its owner. But can Congress
only act after tho tact-after the mischief
has been done2 Have they no power to
confer upon the President the authority in
advance TO furnish instant redress, should
such q case afterwards. occur? Must they
wait until the mischief has been done, and
can they apply the remedy only when it is
too late? To confer this authority to meet
future cases under circumstances strictly
specified, is as clearly within the war-de-
claring power such an authority confer
red upon the President by act of Congress
after the deed had been done. In the pro-
greEs of n great natiQn,. many exigrnccs
must arise imperativeIy requiring that Con-
gress should authorize the President to act
promptly on certain conditions, which may
or 4aav not afterwards arise. Our history
has already presented q number of such
cases. shall refer only to the latest.
Under the resolution of June I'd, 1853,
''t9r. the adjustment of difficulties with the
republic of Paraguay" the President is "au-
thOrized to adopt such. measures and use
such force as in his Judgment may be neces-
sary and advisable in the event of refusal
of gust satisfaction by the Government of
Paraguay" "Just satisfaction - for what
For " the attack upon the United States
steamer Water Witch, and other matters
referred to in the annual message of the
President" Here the power is expressly
granted upon the condition that the Govern
ment OF Paraguay shall refuse to render this
'just satisfaction In this and other similar
cases, Congress has conferred upon the Pres
ident power in advance to employ the army
and navy upon the happening of contingent
future events; and this most certainly is
embraced within the power to declare war.
Now, if this conditional and contingent
power could be conStitutionally conferred
upon the President in the case of Paraguay,
why may it not be conferred for the pur-
pose Of protecting the lives and property of
American citizens in the event that they
may be violently and unlawfully attacked
in passing over the transit routes to and
from California, or assaulted by the seizure of
their vessels in a foreign port? To deny
this power is to render the navy in a great
degree useless for the projection of the
lives and property of American citizens in
countries where neither protection nor re-
dress can be otherwise obtained.
The Thirty-ffth Congress terminated on
the Sd of March, 1859, without having
pa, sed the act making appropriations for
the service of the Post Office Department
during the fiscal year ending Che both June,
1860. This act also contained an appropri-
alton "to supply deficiencies in the
revenue of the Post Office Department
for the year ending the 30th June, 1859.
| believe this is the first instance since the
origin of the Federal Government now more
than seventy years ago, when any Congress
went out of existence without having passed
all the general appropriation bills necessary
to carry on the government until the regu-
la. period for the meeting of a new Con-
gress. This event imposed on the Execu-
tive a grave responsibility. 1t presented a
choice of evils.
Had this omission of duty occurred at
the first session of the last Congress, the
remedy would have been plain. might
then have instantly recalled them to com
plete their work-and this without expense
to the government But on the 4th of March
last there were fifteen of the thirty-three
States which had not elected any represent
atiyes to the present Congress. Had Con-
gress been called together Immediately
these States would have been virtually dis
franchised. If any intermediate period had
been selected, several of the States woult
have been compelled to hold eX ira session:
of their legislatures at great Inconvenience
and expense, to provide. for elections at al
earlier tay than that fixed bV law. I'm th,