, 1859-12-30


less md Violence prerails on that distant from
ier. Life and property are there wholly iuse.
urc. The population Of Arizona, now number |
ng more than ten THOUSAND souls, arc psaeti.
.alEy destitute OF government, Of laws. or Of
my regulnr administration Of Justice, Murder,
.npine md other crimes nre committed, with I
mpunisy. !, therefore, again call the attention
II Congress 10 the necessity fer establishing \
territorial government oTer Arizona.
CENTRAL AMERICA,
The tre.ty with Nicaragua Of the ieth Feb.
ruurY, 1851, to which referred in my last an-
nual messs ge, hiied to receive the ratification
Of the goysfniaentof that republic, for reasoua
which med not ecnmerate. A similar treaty
has been ssnce concluded between the parties
bearing date on ii. 10th March, 1859, which
has already been ratified b.. the Sicaraguan
Congress- This will be Immediately submitted |
to The Senaie for their ratification. It's proTis-
ions caunqt, link, fail to be acceptable to the
people of both countries ~
Our claims against the governments Of Costa
Rica aud Nicarasna reu,ain unredressed, though /
they arc pressed in au earnest manner, and not |
without hope Of success.
decm Il to be my duly once more earnestly |
to recommend to Congress the passage Of law
authorizing the President to employ the naval
force at ha comu,and for the purpose Of pro
zeps passing in transit across the Panama, MIC
aragua and Tchuaniepec routes, against sudden
sud lawless outbreaks aud dcpralatious, l shall
not repeat the arguments employed in former
messages In support Of this mcasure. Suffice It
to say that the lives Of many Of our people, aud
the security of ynst amounts Of treasure, pass
ing and repassipg orer one or more Of these
routes betReen the Atlantic and Pacific, may be
deeply involved iu the action Of Congress on
this subject. ----... ..
SPANISH AMERICAN STATES.
would, also, again recommend 70 Congress
that authority be given 10 tic President to EN-
ploy the naval force to protect American u,er-
chant vessels, their crews and carEecs, against
violent aud !aW1css seizure and contiscatlon IN
the ports Of Mexico nnd the Spanish American
States, when those counties may be III 3 dis
turhed aud revolutionary condition. The mere
knowledge &hat such IN authority had been con
.ferred, IA hare already stated, would Of itscf,
! would this require anr additional appropriation
| for the naval service
The chef objection urged agaiust the grant
Of this authority is, shat Congress, BY confening
| it, would riolate the eCoustitution-that ttwould
be transfer Of tbs. war making, or. strictly
speaking, the waT-dectasing power to the Exec
| utiyc. Ii this were wetl founded, it would, Of
course, be conclusive: "A very brief erau,iua-
ton, however, will place this objection at rest.
POWER ASKED 10 DECLARE WAR Dy THE
-4.-r>- PRESIDENT
Congress POSSESS The sole and exclusive
|
| They asone csn raise aud support armies"
and provide antkmafntan 4 navy" But after
Congress- shall have declared war, and provided
the force necessary to carry it on, the President
az Commander ia.Chief Of the army anl navy,
can aloDe employ: this force in makin. war
against the enemy This is the PLAIN language,
and history pruses that it WIS she Hell.known
inteption Ut the framets Of the Constitution.
twill rot he denied thut the general :: pow.
er 10 declare wur' is without Limitation, and
embraces within Itself not only what writers ou
the law Of nations term public Or perfect var
| s,1s also IN imperfect wnt--nnd, IN short. every
specics at hostility, however confined or limit
ed. Without the authority Of Congress tlit
President cannot Gre hostile gun in any case
except to repel the attacks Of IN enemy. ]
will not be doubted that under this power Con
grcss could, il ,heF. thonght proper. autLoriz
the President to employ tle force at h's coz:
can citizen which had been Illegally and upjustf
captured in foreign port and restored to il
owner.
but can Congress only net after the fact-afle
the mi=chief hus been done! Hare they n
ity iu advance to furnish instant redress shoul
i | such case afterwards occur? Must they wa
until the mischief has been done, and can the
. apnly the remedy only when it is too late? 7
confer this autharity TO meet future cases uude
circumstances strictly specified, is as clear'
) ! WHHlu L4G WlT-AeClA{1Hy power ~ 6nC4 III u
> thotity conferred upon ths President by act
= Congress nIter the deed had been done. In tt
progress Of u great ration, many exigcucis
I. must arise impeeatirely requiring that Congre:
!, should authorize the President TO act prompt
!. on certain conditions which iaay or may III
!. atte, wards arise. Our history has already pr
r. sentcd number Of such cases. shall RET,
q uuly 70 the latest. ..
i Under the resolution June 9, 1883, "for Il
II adjustment Of difficulties with the republic
:. Paraguay" the President is ''authorized
:, adopt such measures and use such force US
tie event Of refusal Of just satisfaction by Il
: government Of Paraguay" '.Jurt satisfaction
; for what: Fur t.ihe attack on the Tint.
Il States steamer u ater WITCH and "other nj:
:. :crs referred to in TIC annual n,essaYe Of Il
, President. Here the power is expressly grant
guar shall refuse to render this &just sasisia
lion" In this and other similar cases Congsc
:, has conferred upon The President power il q
= vance TO employ the army and navy upon !
= happening Of contingent fusurc cvcotsi md II
:. most certainly is embraced within the power
;. declare wEF.
- Now, il tAi. conditional aud contingent poss
~ | could be coustitutionay conferred upon {
t President in the case OF Paraguay, why may
!, not he conferred for t|la purpose Of protect
at the lives aud property ot American citizens
% tue eyent that they may be violently and unla
10 to and from California, Or assailed ey the se
~ ure o: their ressefs in foreign port: To de
-. this power is 10 render the navy IN great I
). gree u=c'ess for The protection Of the lives .
II property Of American citizcns IL conntr
Il ! where neither protection noe redress eau
,s otherwise obtained.
- POST OFFICE DEPARTMENT.
t. Tie NTH oonEe. termiaated en the Cd Of Va,
1ss9 ..hou hsin: = 'bs -sct !sk!as aprrcpa1l
10 ncai Je1I snd;ee lie s.ti June isl" hi. Act
e .e sn fos te e n
T :; s.s e.; y .s At to-
enes ss,sa %os asss ps,sea asat
g 1 en- 0 FL:
he po4I on te Executive sss'e respo' sbf. pFessn
lid t,s omission occurred ut the m session Of The
,as rsy nssa I ha's = aps e,a s
y N nSks9 y ~ IT, Sn ~ g
h: Id o: r. q IL
e. Congress. Had Saastjs eesa LID gssaa1 %msss
iaere intsfasa;e ao % ahd hi .t<sis sssis
er @ou1d have btru compelled 10 holt Il !,
/ ssas e..
"a ~ n te rculaF c,5,s sea e tss:s stasfs oql1 4
~ s:ss - NJ Sa l1'es oesosts s Sd Sessste1 49, ~ =
X saany o4 ~ y &C &C. =aIes = ii app'raeadea
n &C. 81 e.
IT. eep ef pressing importance for ths cl u q
host With rs!lroad cspan:es ony ezesp,e4 fI catry
ss a ts y r. e a q III q
~ esls nsss se 1ss
@ nj Complete iasf
' sd y r. +. s. ea 1s aie x ;h
10 6efose ,he Gould be called upaa sos
II RE srr.s eacu'ty sna The In
se e 9:siss
ng ssvcr hist nssal Aad ne eontrae;e4s vie
ss* t. ,ss e. q e ss
=, - s ;. so'St %a r.. q -
e. aaa e. g
that portion cf .lts deteieecy whieh oeuEssd The
,ot en Ct il or Il saan
in nnder three Ttrr hare Ii n.ss
.es na G1sla = sler atseF tae soSat d.
eh u ,tehat hesa a.se.taieta saa sa3,l. ss,'l q
Was'ed sss,s sseh: :nsSIsS ;etta es1ss tssss
II. .sfy + il, ,ht {,S = fo
s:.s e:a. to .a,tst1 esz
p. has arpro. ration hecn ade iof this puto<4e
et tan 81 fsn k sis
cir rryat spd tnls1Fsssnsnss Ct pabt.e and
K 20 I'd
III session q Gops1.as x,,,
'o c1v asy my ts rSasas's. tS pfess5e fo1 tss
r.eut q tt amouE sh .rte;es iu. to thfss la't
on ,sacss fortae sess:ae II Ie los o1at Ds1aisnen
ri. i Tie fii:t q rs .he rc.s oi:e l necessarily
rs blsh 10 seisus tfee1Ira. Gores'. ~ rsssl1e to
- y sot sss rs Tts aesiau lat
4r. +1istenee- The a.y, the n.sy the |uacia
md t5 % 'az: 2 ss< i: u
iur ter support 4 tL1s f4urs sooHt! tse. TIE cog
ion n1ealA.ly = :. .oe I'D ha' .pse9 ~
ion aisra.re dsrser fastsn u aosaee. ~f,sh ii n:
at e1sts .unse1 in their 1frrrs iae very
ar In ktt3r