The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-12-28

and not without hope OF success.
deem 1t to be my duty once more earnestly
authorizing the President to employ the naval
force At his command for the purpose of pro-
tecting the lives aud property Of American
citizens, passing in transit across the Panama,
/ Nicaragua and Tehuantepec routes, against
| sudden and iawIess outbreaks aud depreda-
tions. shall not repeat the arguments en-
| ployed in former messages in support Of this
measure. Suffice il to say that the lives of
many of our people, and the security of vast
amounts Of treasure passing and repassing
| over one or more of these routes between the
Atlantic and Pacific may be deeply involved
| IN the action OF Congress ON this subject.
| would, also, again recommend to Congress
| mat authority be given to the President TO
employ the naval force to protect American
merchant vessels, their crews and cargoes,
against violent and la wless seizure and confis-
cation in the ports of Mexico and the Spanish
American States when these countries may be
lE q disturbed and revolutionary condition
haa Inc mel mere knowledge that such ar authority
nad been con ferred, as have already stated,
wonld OF ITSELF in u great degree, prevent the
evfl Neither would this require any addi-
tional appropriation for the naval service.
Inc chief object urged against the grant Of
TINS authority is, that Congress, by comforting
1t, wsuld violate the constitution-that it
would be transfer of the war-makng or
strictly speaking, the war declaring power to
Inc Executive. If this were well founded, IL
would, of course, be conclusive. A very brief
examination, however, will place this objec-
l i
Congress possesses the sole and exclusive
| power, under the Constitution ito declare
war. They alone can 'raise and support ar.
mes" aid ',provide and maintaia navy
| bnt after Congress shall have declared war
and provided the force necessary to carry IL on
| the President, as Commander-in in Chief of the
army and Navy, can alone employ this force in
nahIng n,ai. wa against the eLemy. This is the
| pam language, and history proves that it was
| the Constitution.
i u
1t Will not be denied that the general "pow-
| CT 10 ueciare war" is without limitation and
| embraces within itself not only what writers
| on the law of the nations terra a public or
perfect war, but also an imperfect war-and.
nnns' Snort every species of hostility, however
| congress the President cannot fire hostile
gun IN any case, except to repel the attacks of
an enemy 1t will not be doubted that under
| this power Congress could, if they thought
| proper, authorize the President to employ the
iorce ut his command to seize vessel belong
ing 10 an American citizen which had been IL
legally and unjustly captured in a foreign
port and restore it to its owner. But can
Congress only act after the fact--after the mis-.
cnle1 mas been dones Have they no power TO
CONFER upon the President the authority in ad-
vance TO furnish instant redress should such
case afterwards occurl Must they wait un
til the mischief has been done, and can they
apply the remedy only when it is too late 3
10 confer this authority to meet future cases
under circumstances strictly specified, is as
clearly within the war-declaring power as
such an authority conferred upon the Presi-
dent by act of Congress after the deed had been
DONE In the progress of great nation many
exigencies must arise imperatiyely requiring
that Congress should authorize the President
| To act promptly on certain conditions which
may or may not afterwards arise. Our histo-
ry has already presented a number of such
| cases. l shall only refer TO the latest.
| Under the resolution of June ID 1858, ''for
| the adjustment of difficulties with the Repub.
| lie of Paraguay the President is "authorized
admit IN N md 1lca Snrh fprco N
| In his Judgement may be neces. ary and ad-
| visible in The event OF q refusal of just salts.
| faction by the government of Paraguay
| Just isfaction' for what For ''the attack
| on 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
government OF Paraguay shall refuse to render
This just satisfaction" In this and other sini-
| lar cases Congress has conferred upon the
| President power in advance to employ the
army and navy upon the happening Of contin-
| gent future events; and this most certainly is
| embraced within the power to declare war.
Now, il this conditional and ontingent pow
| er could be constitutionaily conferred upon
| the President in the case of Paraguay. why
may it not be conferred for the purpose of pro-
| tecting the lives and property OF American Cit
| izens in the event that they may be violently
| and unlawfully attacked in passing over the
transit routes TO and from California, or as
| sailed by the seizure of their vessels in for
eign port E! To deny this power is to render
the navy in a great degree useless for the pro-
lection of the lives and property of American
citizens in countries where neither protection
nor redress can be otherwise obtained.
The Thirty fifth Congress Terminated on the
Sd of March, 1889, without having passed the
"act making appropriations for the SER
vice of the Post -OiIice Department during the
| fiscal year ending the Both June, 1902
| This act also contained an appropriation "to
supply deficiencies in the revenue of the
| Post Office Department for the year ending
| the Both of June, 1889" / 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-1he general appro-
priation bills necessary to carry on the gov
ernmen. until the regular period for the meet
ing of new Congress. This event imposed
on the Executive a grave resp0 sIblllty. 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 complete their work
and this swithoutexpense to the Government.
But on the 4th Of March last there were fif-
teen of the thirty-three States which had not
elected any representatives to the present
| Congress. Had Congress been called together
immediately these States would have
been virtually disfranchised. If an in terme-
diate period had been selec ted, several of the
States would have been compelled TO hold
| extra sessions of their Legislatures, at great
| inconvenience and expense, to provide for
elections at earlier day than that previ-
ously fixed by law. In the regular course, ten
of these States would not elect until after the
| beginning of August, and five of these ten not
| until October and November.
| On the other hand when came to examine
carefully the condition OF the Post-Ohce De-
| partment, l did not meet as many or as great
| difficulties as had apprehended. Had the
| bill which failed been confined to appropria-
tious for the fiscal year ending on the 3tth June
| next there would have been no reason of
pressing importance for the call of an extra
| Session Nothing would become due on con-
| tracts (those with railroad companies only ex-
cepted) for carrying the mail for the first quar-
| ter of the present fiscal year, commencing on
! the Ist of July, until the lst OF December-iess
| than one week bc-ore the meeting OF the pres
ent Congress. The reason is that the mail
contractors for this the current year did not
| complese their first quarters service until the
| auth Sertember last; and by the terms OF their
| contracts sixty days more are allowed for the
| settleme nj of their accounts before the Depart
ment could be called upon for payment.
The great difficulty and the great hardship
| consisted in the failure to provide for the pay
| ment of the deficiency in the fiscal year ending
| the 3Oth June, 1859. The Department had en-
| tered inrb contracts, in obedience 10 existing
| laws, for the service OF tnat nscaI year, ana
| the Contractors were fairly entitled TO their
com pensation as IL became due. The den-
/ cheney as stated in the bill amounted to 80 $685.
rs. but after careful settlement OF all these
| amounts TO 81 296,0O9. With the scanty means
| n his command the Postmaster General has
managed to pay that portion OF this deficiency
| which occurred in the first two quarters OF
| the past fiscal year, ending on the 3ist Decem-
her last In the meantime the contractors
4 themselves under these trying circumstances,
| have behaved in a manner worthy of all COM
| mendation. They had one resource in the
midst of their embarrassments. After the
| amour due to each Of them had been ascer-
tanned aud finally settled according To law,
this became specific debt of record against
| the United States, which enabled them 70 Dor.
rtras ian hj.,s rffv
/ Still they were obliged 10 pay interct in con
sequence Of the default Of Congress-, and on