Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-12-29

will place this objection at rest.
Congress possesses the sole and exclusive power.
under the constitution, "o declare war" They
alone can raise and support armies" aud PRO
vide and maintain o navy" But aftor Congress
shall have declared war, and provided the force
necessary tn carry 1t on, the President, as Com
mander-in-Chie Of the Army and Navy, can
alone employ this force in making war against the
enemy. This il the plain language. and history
proves that it was the we'll known intention of
the trainers of the Constitution.
1t will MT be denied that tho general power
to declare war is without limitation, and en-
braces within itself not only what writers on the
law of nations term n public or perfect war. but
also an imperfect war and, in short, every spe-
clos Of hostility; however confined tyr limited
Without the authority OF Congress the President
cannot fire a hostile gun in any case. except to
repel the attacks of an enemy. Ii will not be
doubted that Under this power Congress could, if
they thought proper, authorize the President to
employ the force at his command to seize II VS. 81
lelonging to an American citizen which had been
illegally and unjustly captured in a foreign port
and restore it to its owner. But can Congress
only act after the fact-ntter the mischief has teen
done? Have they no power to confer upon the
President the authority in advance 10 furnish in
slant redress should such a case afterwards TIC.
cur Must they wait until the mischief has been
done, and can they apply tho remedy only wien
it is too late ? To confer this authority t. meet
future cases under circumstances strictly spcci-
fled, il as clearly within the war-declaring power
rs such M authority conferred upon the President
Ivy Act of Congress after the deed had lecn done.
In the progress of "A great nation many e~xi5rn.
ciei must arise imperatively requiring that Con
yress should authorize the President to act prompt
lyon certain conditions which moy or may not af-
ter wards arise. Our history has already prc,cn-
ted u number Of such cases. ! shall refer only to
tho latest.
Under the resolution Of June2l, 1853. for the
adjustment of difficulties with the republic Of Para
quay" tho President is authorized to adopt such
measures and use such o &C rs in his judgment
may he necessary and advisable in the event ola
refusal Of Just satisfaction by the government Of
Paraguay" Just satisfaction for what? For
1.-The attack on tbs United States steamers refer
red to in the annual message of the President
Here the power is expressly granted upon tho
condition that the government OF Paraguay shall
refuse to render this 81 Just satisfaction" In this
and other similar cases Congress have conferred
upon tho President power in advance to employ
the army navy Il 10 ntae happening of contingent
future events; and this most certainly 10 cmbrac-
cd within tho power to declare war.
Now, if this conditional and contingent power
could be constltutionnlly conferred upon the Presi-
dent in the case of Paraguay, why may it not be
conirred for the purpose OF protecting the lives and
property of American citizens in the event tina.
they may be violently and u~nlawiully attacked
in passing over the tran, it routes to and from
California, or assiled by tho seizure of their YES
els in u foreign port? To deny this power is to
render tho navy in n great degree useless for the
protection of the lives and property of American
citizens in countries where neither protection nor
redress can be other wise obtained.
The Thirty-fifth Congress terminated on the Ord
of March, 1859, without having passed tho 'act
making appropriations for the service of the Post
Office Department during tne fiscal year ending
the Both of June. 1860" This net also contained
an appropriation ''to supply deficiencies in the rev.
cnue Of the Post Office Department for the year
ending the Both June, 1859" l 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 ull the general nppr, priation bills
necessary to carry ont TIE government until the
regular period foo the meeting Vt II new Congres.
This event imro ed on the Executive IL great re-
sponsibi!ity. 1t presented n 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 worA-nnd this
without cx pense to tho government. But on the
9Th of March last there were fifteen Of the thirty
three States which had not elected any represen-
tativcs to tho present Congress. Had Congress
Lccn called together Immediately, these States
would have been virtually DISTINGUISHED. If an
intermediate Period had been selected several Of
the States would have been compelled to hold ex-
ira sessions of their legislatures, ut great inconve-
nicncc and expense, to provide for elections ut an
earlier day than that previously 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 ether hand, when | camo to examine
carefully. tho condition of the Post Office Depart
luent, | did not meet as many nr as great diticn.-
ties as | hal unprecedented. Had the bill which
failed been confined to appropriations for the fiscal
year ending on the 30;h june next, thcie would
have been no reason of pressing Importance for
the call Of an extra session. Nothing would be-
come due ON contracts, (those with railroad COM
panies only excepted Tor carrying the mail for
the first quarter If tho present fiscal year, COM
mencing on the lst of July to the lst Of December
less than one week before the meeting of the
present Congress. Tho reason is. that the mail
contractors Tor this the current year, did not COM
plete then quarters service until the 30th of Sep
tcmber last; and by the terms Of their c rHtracts 60
DAYS more are allowed for the settlement Of their
accounts before tho Department could be called
upon for payment.
The great difficulty and the great hardship con-
sisted in the failure to provide for the payment of
The deficiency in the fiscal year ending the 30;h
June, 1859. Tho Department had entered into
contracts, in obedience to existing laws, for the
service of that ii seal year. and the Contractors were
fairly entitled to their compensation As it became
due. The def 'iency rs stated in the bill amount
ed to So, 1913, 128, but. after II careful settlement Of
all these accounts, it has been ascortained that it
amounts to S4;29G, 900. With The scanty means
at his command the Postmaster General has man
aged to pay that portion Of this deficiency which
occurred in the first two quarters Of the past fiscal
wear, ending on the 3lst December last. In the
inaal time the e ,ntractors themselves. under these
tryint circumstances. have behaved in a manner
worthy Of ulI coInmendatinn. They had one re-
source in the mi!st Of their cmbarrassments. AZ
A. .,u,nt lna IN oo,h IF than, tol lnnp "a