Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-31

Of chat repablies for reasons which need not emu
merae. A similar treaty has bern siace concluded
between the Fsrties, bearing date the 18th Msrct
1853 which has alrtadv been ratified hy the Nielr 4
raglan Congress apfis win beirsDediatey submit
ted to the Senate III their ratification Its proyi
sons cannot. think. fail 10 be acceptable to the pee
PIE OF both countries.
Our claims against the governments Of Costa Rica
and Nicaragua femain unredrcssed, although they
are pressed IN an earnest manner, and not without
hope OF success.
/ deem it to be mr. duty once more earnestly 70
recommend TO Congress the passage of law author
lzing the president 70 employ the naval force at his
command for the purpose Ct protecting the lives and
property of American citizens passing in transit
across the Panama. Nicaragua, and Tehuantepec
routes, against sudden and iawless outbreaks and
depredalions ! shall not repeat the arguments en-
ployed former messages in support Of this
Suffice it to say that the iives of many Of our
people and tesecurity Of vast amounts of treasure
passing and repassng over enc or more OF these
routes. between the Atlantic and Pacific. may be
deeply involved in the action of Congress this
subject
| would also again recommend to Congress that
authority be given the President TO employ the naval
force to protect American merchant vessels. their
crews and cargoes, against violent and awess seiz
ure and conscaton, in the ports Of Mexico and the
Spanish American States, when these countries may
be in disturbed and revolutionary condition. The
mere knowledge that suchan authority has been
ferred, have already stated, would of itself in
a great degree, prevent the evil. Neither would this
require any additional appropriation 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 waImaking, strictly speaking, the
war-deelariag power to the Executive. If tins
well-founded it would, of course be conclusive. A
very brief examination however, viii place this OBJ
lection at rest
Congress possesses the sole and exclusive power,
under the Constitution. TO declare war; They
alone can raise and support armies, and provide
and maintain a navy But after Congress shall
have declared war, and provided the force Reeessa
ry TO carry It on the President, as COMMANDMENT
Chief of the Army and Navy. caf alone employ this
force in making war against tie enemy. This is the
plain language, and history proves that it was the
well known intention Of the trainers of the Constr
tuition.
| 1t will I be denieGtsa' the general saow.r to
clare sar IS siihout Limitation. aad embraces
within it4elf rot cn'y shat writer's ON tie Law Of
nations tern public FerfseI war, but also
imperfect var, and 10 sh ri. every species OF hos
! tiiiiy, Wever COL fined or limited. Without the
authority of C5r gress the President cstnot FIRE q
ho7 liz gun in any case except 10 repel the atscss
Of an eIemy. l. will net re dogbtsd that under
this power Congress uld, il they thought proper,
authorize he President 10 employ the force at bis
command to sezs a vessel bel ngrg to an Ameri-
csn citizen which had been illegally and atjusily
captured in foreign pOit aad restore it L, it.
owner.
But can Congress only act sfer The fact-afier
/ the mischief has been done? Have they 70 wer
TO canfer upoB ne President the au'hori'y IN ad-
vance TO furnish ms ant redress SHOULD such
! sferward o,cuF Must they wait til the mischief
! has b5en done, and eau they apply the remedy
only when it is to3 late To confer Ihis authority
t. meet future clsss under the oircam tanees strict
IL specjf d is clearly w;ttia tie waT-ieclaring
power as sugh authority conferred upon the
| President by &C, Of Congress after the deed had
been done, In the progress of great nation many
exigeneies mast arise imperative. II req iring that
! Congress should uho-ize the President t. act
PROMPTLY on certain co, diiions witch may or may
pot Afterwards arise. Our history has already
preeepted NUMBER Ct such casc9. ehall refer
only 10 the iatcs..
Un5er tae re o uL;an f jane ,, 1853 f. tAe
adjustment CT the difficulties With the repuS'is Of
P4ragua,, - the Pftsdart is Gu: horiz7d 10 adopt
such measures and use sueh force as in his iudg-
mant may b, necessary AID aivisable il the event
Of a rlfas al Of just satisfaction Sy he government
Of Paraguay" Just ga 'isfae ion " for what :
For tbe attack on th Uai.ed Stat steamer Water
Witch" aod other mat ers referred 20 ia the an
nu / message Of the Presiicn." Here the power
is express'y grated upon the oniiti-n ihat the
government Of Paraguay shall refuse 10 rsnder
hi, "iust satisfaction" Ia this other similar
e.sss Congress- have conferred upon the Pres dsnt
paw5r in ad vance 10 employ The army and navy up
on tn happening GI cOItE9EenL IuiuE6 events; ana
this most cer'a1ly is embraced Wthio The power to
declare
Nov. if this conditional aud cott :. ri pos er
oould be cansti utiou4ly conferred upon The Presi
dent in the of Paraguay. why my It not &c
conferred for the purpose Ct protecting he live:
and property Of American CT! in the even that
fhey N ~ be vi lenny AID anl4w uly attack il
passing over the tran it routes to aud from Caiifer
MIA or assai cd ny the fe.zHe u tGeir ssels in
foreg Fo:t. TO deny this POKER is to Tenier th'
ragy in grelt degrees uS5les5 for ihe protection Of
the lives aaj properly Of American citiz ms "a
couu RE vi ere nsi:her protection nor redress ear
be herwiss 90 aioed
+ The Thirty 9Th Congress terminated the
Of March 1859 without having passed the " ac
makiag appropriat oas FIR the service eff hs Post
Office Deplrtatn drrlng the fiscal year edieg iht
/, 3Osh Juna 1860" This act 2 50 cJntai e / an ap
propri alton 40 supply deficiencies in the regenu
t of tie PJst-ofiss Dep2rmen for The year eudi,
the 3Ota of JGBa 1859" | believe this is The frs
instance s.ncs the orig q the Fe3eral Govern
| ment, noR more tan seventy years ago, when any
: Congress- went CT IF existence without haviO.
passed allt4e general aPPToPrittigH bis
10 curry ca the goyeraue.t until he regular Terie'
for tie me5liug Of new Congress. Fais even
imposed Oh toe EEscu'i'e gravo respJns.biii'y.
presented q ehoi. c Of evils.
Had tas omissi n Of duty occurred ct the i,s
session of Vast Congress, he remedy would hav
! been plain | nigh. then hare las aGtly rec3lle
them 10 co-nrls- c :h. If vcrk an ths without ex
uense to the Go7ernm 1T. Bat on he 4th of II arc
. last tsere we're facel OF he th rty--hTee SAFE
= which had Mt elected auy representatives, to IN
present. Congress. II All Congress been called to
ge her immsdilely, these States W)uli have bse1
: virtually disfrauchi5cd. Il informed a peJi1
, had been selected several Of the States would hav
been c1mpelleI 10 hold ex -ious OF tS1ir &
+ isla'ure al grelt incJavenencs AID expense, &
= provide for elections a. an carrier day Ihan thI
previously fixed by Law. In The regultrc uTs', lei
OF thc Sc Safes wOIlI net a,cct until, aft :he he
i ginning OF August, aai five II these rot uni
0 DC cbsr and November.
r o. the ether hand, when came - examine care
e fully the condition OF Tie Pcsteliss Dspr mant,
d did m ct many or as great ditfi5ute asIha
, appreh, lcd II adj the bill which failed been o1nne
to appropriations FIR The fs3al year tndag the 30t
i # June next, there would have bern ason
pressing import nee for tie cll OF an 1t-a session
Norhiug would become due rscts those wit
J railroad lmpaGie only ex;epted) for sarryiag h
nail for the ST qlaIer tf he preset zeal year
! c3mpencng the 1t Of July, uatil the 1t
: Deeembar-esi than Oae week before the me 3tia
. of The preset Corg re2s. The rtas0a 10 that th
= mail con ract ,rs for is the rant year id &c
com peie the frst q1'rtcI's ssrSice un i the oct
SsTtem5eT asst; and ~ he terms Of their colt-l3t
:, sixty days more are allow for The settlement
! th.ir socsun before the DePar ment crid be ca
c ed up for paymen.
It Tie great iifi ;ulty aud 1 g-eat ta,dship con
e siste II the fa lure 20 pr vids Ter the aymtpt
9 the Jeff lie cy in tn ii C Al yer eniing the 3Ot
/ Juae 1859. The Depart neat ii IN cred iato con
tracts ia obedience 10 existing laws, fJr The seiv
# ces of that fiscal year, and the cOatractors wer
t f.irly ettitl i t, their mpeEss,i it b,o IN
d Iu,. The le6 len y ST ted in the bill am e
i to SO S33 728 blt aft careful stt!em Mt of a.
It these A. oluus it btea found that il uots
/ 81 go COG With til, s3tniy means at mis- com
: mand the p st mas er G neral has In mayed to "a
p tina p rim f this dtf;isrCy which occurred J
the dist ~ gu rters # Tie past fscsl yelr eudip
I the 3Ist Of D m5tr .ast. Il tn time
u. them selves under thsss trying circum
II stauces, hay. behaved ia mtn-er worthy Of a.
comm ,LdI,ioc.
Tn yh ons resource in The IN d-t Of theif em
: bNrl sm.nts. After the amount due 10 each
= them had bten ascet.airei, AMI f1ay settled &C
cJrdilg Las, is lie som spsoiio debt of reoor
against the Uort,d Sta'es, which entitled them 1
= borrow N ney on his uuqu Etio1a'le security
q Sti they we're obliged TO pay inter s., IL ea1se
/ auenee OF he defsult Of CJng.ess, and ever
princ of justice ought h receive interes; frsI
t the Government This int rest should eommeac
f from the do wheu warrant wond have issue
S FIR the p3ymen of the principal had appropri
c alton been made FIR this p1rpss, C.lculatei u
20 the LIST Of mber, il Wi not exc el $96 CO.
sum r o. to be tIkeu into account Shen c1Ltrasttt
WITH the great diGic1t.e ssan5 embs-rlssmeats Of
I public std private ehaTac er, DO 10 The people
l IhJ a;es, wtiel would have resulted frcm c'uSen