The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-28

datey submitted to the Senate for their ratification IT.
provisions cannot think fail to be acceptable to the
| people of both countries.
Our claims against the governments of Costa Rica and
Nicaragua remain unredressed though they pressed
in earnest manner and not without hope of
deem it to be my duty once more earnestly to recon
mend to Congress the passage of law authorizing the
President to employ the naval force at his command for
the purpose of protecting the lives and property of Amer
lean citizens passing in transit across the Panama Mica
ragua, and Tehuantepec routes, against sudden and law
less outbreaks and depredaons. shall not repeat the
arguments employed in former messages in support Of
this measure Suffice it to say that the lives of many Of
our people, and the security Of vast amounts Of
passing and repassng 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 that
hority be given to the President to employ the naval
force to protect American merchant vessels their
and cargoes against violent and lawess seizure and
fscaton in the ports Of Mexico and the Spanish Amer
can States, when these countries may be in disturbed
and revolutionary condition The mere knowledge that
such an authority had been conferred have already
stated would of ITSELF in great degree, prevent the evil
Neither would this require any additional appropriation
| for the naval service
The chefobjection urged against the grant of this
thoty is that Congress by comforting it, would violate
the Constitutionthat it would be transfer Of the
making or strictly speaking the wardeclaring power to
the Executive If this well founded it would, of
course, be conclusive. very brief examination howeY
| err will place this objection at rest.
Congress possess the sole and exclusive power under
the Constitution, "tO declare swar. They alone
raise and support armies and provide and maintain
navy But after Congress shall have declared war;
and provided the force necessary TO carry it the Pres
ident,as CommanderinChefo Of the Army and Navy,
alone employ this force in making war against the ene-
my This is the plain language, and history proves that
1t was the weknown intention Of the trainers Of the
1t win not be denied that the general power to de-
clare war; is without limitation and embraces within it
self only what writers on the law of nations term
public or nerfect war but also an imnerfect warand in
Short every species Of hostility, however confined
limited. Without the authority of Congress, the Presi
dent cannot fire hostile gun in any case except to
repel the attacks of enemy. 1t will be doubted
that under this power Congress could if they thought
proper, authorize the President employ the
tn
citizen which had been illegally and unusty captured in
foreign port and restore it to its But Con
gress only act after the facafer the mischief has been
doneE Have they no power to confer the President
the authority in advance to furnish instant redress should
such case afterwards occur9 Must they wait until the
mischief has been DONE and can they apply the remedy
only when 1t is too lateY To confer this authority to
meet future under circumstances strictly specified
IS as clearly within the War-decartng power as such
authority conferred upon the President by Congress
after the deed had been done In the progress of great
nation many exigences arise imperatyey requir-
ing that Congress should authorize the President to act
promptly on certain conditions which may may
afterwards arise Our history has already presented
number of such cases. shall refer only to the latest.
Under the resolution of June I'd 1855 for the adjust
ment OF dlihcuteS with the republic OF Paraguay the
President is authorized to adopt such
such force in his judgment may be necessary and adyi
sable in the of refusal of Just satisfaction by the
government Of Paraguay "Just satisfaction" for what?
For the "attack the United States steamer Water
Witch and "other matters referred to in he animal
message of the President Here the power expressly
granted upon the condition that the government of
quay shall refuse to render this ust satisfaction In
the President power in advance to employ the
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
constuonaly conferred upon the President in the case
of Paraguay why may not be conferred for the purpose
of protecting the lives and property of American citizens
in the event that they may be violently and unawfuly
attacked in passing the transit routes to and from
California assaed by the seizure of their vessels
foreign port To deny this power is to render the
navy great degree useless for protection of the
OF American
where neither protection redress be otherwise
obtained.
The Thirty-ffth Congress terminated on the Sd Of
March, 1885, without having passed the act making ap
preparations for the service of the Post Office Department
during the fiscal year ending the 30th June 1902 This
act also contained appropriation ito supply deficiencies
in the of the Post Office Department year
ending he Both Of June 1882 believe this is the first
instance since the origin of the Federal Government,
more than seventy years when any Congress went
out of existence without having passed all the general
appropriation bills necessary to carry the government
until the regular period for the meeting of
gress This event imposed on the Executive grave
spOnsibility. 1t presented 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 wOrkand this without expense to the Government
But the 18th of March last there fifteen of r
yhree States which had not elected representatives
to the present Congress Had Congress been called to-
geher Immediately these States would have been vrtu
ally disranchsed If an intermediate period had been
selected several of the States would have been compelled
hold extra sessions of their legislatures great incon
venience and expense to provide for elections at an ear
ler day than that previously fixed by law In the regu
lar ten of these States would elect until
the beginning of August, and five of these until
October and November.
On the other hand, when came examine carefully
the condition of the Postoice Department did not
meet many great difficulties had apprehend
ell Had the bill which failed been confined apprOpr
ations for the fiscal year ending the Both
for the cs of an extra 0 op Sobp w6pd been
due contracts Those with railroad companies only
cepted for carrying the mail for the first quarter of
present fiscal year commencing the 1s of July, until
the 1s of December-ess than week before the
ing of the present Congress The reason is that the mail
contractors 1or TINS the current year did not complete
their first quarters service until the Both of September
last and by the terms of their sixty days
more are allowed for the settlement Of their accounts be-
fore the Department could be called upon for payment
The great difficulty and the great hardship consisted
the failure provide for the payment of the deficiency
in the fiscal year ending the 30h June, 1859. The
partment had entered into contracts in obedience
listing laws for the service of that fiscal year. and the
contractors fairly entitled to their compensation
it became due The deficiency stated in the bill
amounted to SO SS72S but after careful settlement of
all these accounts it has been asceraned that amounts
to s4,296,O09. With the scanty means at his command
Postmaster General managed to pay that norton
of this deficiency which occurred in the first two quar-
ters of the past fiscal year. ending the 3t December
last In the meantime the contractors themselves under
these trying circumstances, have behaved in a manner
worthy of all commendaton. They had one resource in
the midst of their embarraSsments.
After the amount due to each of them had been
tanned and finally settled according to law this became
specific debt Of record against the United States which
enabled them to borrow money this unquestionabe
security Still they were obliged to pay interest in
sequence of the default of Congress- and every prnc
pie justice ought 10 receive interest from the Govern
ment This interest should commence from the date
when warrant would have been issued for the payment
of the principal had appropriation been made for this
purpose Calculated up to ls December, it will
coed S966GGa not to be taken into account when
contrased with the great difficulties and embarrassments
of public and private character both to the peope and
the States, which would have resulted from convening
and holding special session of Congress-
For these reasons recommend the passage Of BILL at
early day may be practicable, provide for the
payment of the amount with interest due to these last
mentioned contractors well as to make the necessary
appropriations for the service of the Post Office Depart
ment for the current fiscal yelr.
The failure pass the Post Office bill necessarily gives
birth to serious reflections Congress- by refusing pass
the general appropriation bills necessary to carry the
Government, may not only its action, but might
even destroy its existence The army the navy the ju
dietary in short every department of the Government
longer perform their functions if Congress refuse
the money necessary for their support If this failure
should teach the country the necessity Of eecting full
Congress in sufficient time to enable the President
vene them in any emergency Immediately after the
old Congress has expired will have been productive of
great good. In time of sudden and alarming danger,
foreign domestic which all nations expect to
in their progress the very salvation of uur nsti
tutions may be staked upon the assembling Congress
without delay If under such Circumstances, the Presi
dent should find himself in the condition in which he was
placed the close of the last Congress- with nearly half
the States of the Union destitute representatives. the
consequences might be disastrous l. thererorr recon-
mend to Congress to carry into effect the provisions
Constitution this subject and TO pass law appointing
day previous to the 4h of March in each year odd
number for the election of representatives
the States. They have already appointed day the
election Of electors for President and Vice President and
this measure mas been approved by the country.
would again most decided opinion in favor
of the construction of Pacific Railroad for the
stated in my last two annual messages When l reflect
upon what would be the defenceess condition of our
States and Territories west of the Rocky Mountains in
of with naval power sufficiently strong to in.
teTrup all intercourse with them by the across the
lsthmus, am still more convinced than Of the vast
importance of this railroad have never doubted the
constitutional competency of Congress provide
construction, but this exclusively under the warmakng
power Besides the Constitution expressly requires
imperative duty that 1.-THE United shall protect
invasion I'M a a
loss to conceive how this protection be afforded to
California and Oregon against such naval by
other means repeat the opinion contained in my last
annual message that it would be inexpedent for the Gov
undertake this great work by agents Of its
appointment and under its direct and exclusive
| troll.
This would increase the patronage of the Executive
dangerous extent, and would foster system OF obbiug
and corruption which vigilance the part Federal
officials could prevent. The construction this road
MES other agencies, who would exercise that active
and vgilan mt supervision it which be inspired
alone by a ofcorporate and individual interest
assert that the additional transporting
troops munitions of war; and necessary supplies
army the vast intervening plains to posses
sons the Pacific would be greater in such war
than the whole amount required to construct the road
And yet this resort would after ALL he inadequate for
| their defence and protection
We have yet scarcely recovered from the habits
ravagant expenditure, produced by Overlooking
Treasury during several years prior to the
of my administration. The financial which we
have since experienced ought to teach all scrunze
our expenditures with the greatest vigilance and
duce them to the lowest possible point The Executive
Departments of the Government have
to the accomplishment of this object with considerable
success, will appear from their different reports and
estimates. To these invite the scrutiny of Congress-