Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1859-12-31
would also again recommend to Congress. that


their crews and cargoes, against violent and law
less seizure and conscation in the ports of Next
co and the Spanish American states when these
countries may be in a disturbed and revolutionary
condition. The mere knowledge that such AN au.
thority had been conferred, as I have already
stated, would of itself, in great degree, prevent
the evil. Neither would this require any additio
al appropriation for the naval service.
THE WAR POWER OF CONGRESS.
The chief objection urged against the grant of
this authority is, that Congress- by comforting 1t,
would violate the constituton-that ii would be
transfer of the war-makiDg, or, strictly speaking,
the war'declafing power to the Executive. Ifthis
were well founded, II would, of course he conclu.
sive. very brief examination, however, will
place this objection at rest.
Congress possess the sole and exclusive power,
under the constitution, Ito declare war" They
alone can raise and support armies" and PRO
vide aud maintain navy" But after Congress
shall have declared war, and provided the force
necessary to carry II on, the president as com.
mander.in chief of the army and navy, can alone
employ this force in making war against the enc
my. This is the PLAIN language, and history
proves that it was the well known intention of the
trainers of the constitution.
IL will not be denied that the general power
TO declare war" is without limitation, and EN-.
braces within itself not only what writers on the
law Of nations term public or perfect war, bat
also an imperfect war-and, in short, every
species of hostility however confined or limited.
Without the authority of Congress the president
u
repel the attacks of an enemy II will not be
doubted that under this power Congress could, il
they thought proper, authorize the president 10
employ the force at his command to seize YES
sci belonging TO an American citizen which had
been Illegally and unjustly captured in fore IN
port and restore IL TO its owner. But can Con
gress only act after the iact-after the mischief
has been done2 Have they no power TO confer
upon the president the authority in advance to
furnish instant redress should such case after.
wards occur2 Must they wait until the mischief
has been done, and can they apply the remedy
only when it is too late2 To couter this author.
iiy to meet future cases under circumstances
strictly specified, Is a. clearly within the wAr.de.
clsriDg power as such an authority conferred
upon the president by act of Congress after the
deed bad been done. In the progress of a great
nation many eXigencles must arise imperatlvely
requiring that Congress Should authorize the
president to act promptly on certain conditions
wh'ch mey or may not afterwards arise. Oar
history has already presented a number OF suca
cases. shall refer only to the latest.
Under the resolution of June ., 1858. "for the
adjustment Of difficulties with the republic o.
Paraguay" the president is "authorized 10 adopt
such measures and use such force as IN his judy
ment msy b. necessary aud advisable Ia TIE
event of refusal of just satisfaction bY the gov
ernment OF Paraguay" Jus, satisfaction" for
what? For "th- stiack on the Unned States
steamer Water Wtcb," and 'other matters re.
ferred TO in the anuusl message Of the presi
dent" Here the power IS expressly granted,
uay shall refuse 10 render tuis lust safisfac
tioD." In this and other similar cases Con zre.s
have conferred upon the president power IN sd
vance TO employ the army aud navy upon tue
happening Of contingent future events; and tns
most certainly is embraced within tue power 10
declare war.
NECESSITY OF MORE POWER IN THE HANDS OF
THE PRESIDENT.
Now, il this conditional and contingent power
could be constltunonally conferred upOl the
president in the OF Paraguay, why NAV II
lot be conferred for tue purpose OF protecting
the lives and property OF American citizens IN
the event that they may be violently and uniaw-
fully attacked IN passing over the transit routes
10 and from California, or assaied by tue SECURE
OF their vessels IN foreign port? 10 deny tnis
power is TO render the navy in a great degree
useless for the protection OF the lives ana prop
erty of American citizens in countries wnere
neither protection nor redress can be otherwise
obtained.
THE POST OFFICE APPROPRIATIONS.
The THIRTY. fifth Congress terminated on the 81
Of March, 1853, without having passed the "act
making appropriations for the service OF the
Post Office department during the iscal year
ending the 30;h of June, 1860" This act also
contained an appropriation TO supply detcien-
cies in the revenue of the Post Office department.
for the year ending the Both of June, 1852" |
believe this Is the first instance since the origin
of the federal government, now more than seven.
~ years ags, when any Congress went out OF ex-
preparation bills necessary TO carry on the gov
ernmeut antil the regular period Tor the meeting
of new Congress. This went imposed on the
executive grave responsibility. Ii 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 70 complete their work-and this
without expense TO the government But on tie
18th of March last there were fifteen OF the thirty
three states which had not elected any represen-
tatives TO the present Congress. Had Congress
been called together Immediately, these states
would have been virtually dsfrsnchised. Ii an
intermediate period had been selected, several of
the states would have been compelled 70 bold
extra sessions of their legislatures, AT great in-
convenience and expense, TO provide for elections
at an earlier day than previously fixed by law.
Ia the regular course, ten Of these states would
not elect until after the beginning of August and
five of these ten not until October aud Noyem.
Der.
On the other hand, when | came 10 examine
carefully the couaition of the Post Office depart
ment did rot meet as many or as great Difficult.
ties as had apprehended. Had the bill which
failed been confined to appropriations for the
fiscal year ending on the 30th of June next, there
would have been no reason of pressing impor.
tance for tue call of an extra session. Nothing
would become due on contracts tthose with rail-
road companies only exceotei) for carrying the
mail for the first quarter of the present tscal
year, commencing on the LIST OF July, until the
meeting OF the present Congress. The reason Is
that the mail contractors for this the current
year did not complete their first quarters service
until the 3Oth September last; and by the te, ms
of their contracts sixty days more are allowed
for the settlement of their accounts before tn de-
partments could be called upon for payment
THE TROUBLES oT THE NAIL CONTRACTORS.
The great difficulty and the great hardsni p con
sisted in the failure 10 provide for the payment
of the deficiency in the fiscal year ending the
Both June, 1850. The department hal entered
into contracts, in obedience 10 existing laws, for
the service of that fiscal year, ami the contrac-
tors fairly entitled TO their compensation as
1t became due. The deficiency as stated in the
bill amounted to 50, S3S, 72s, but after a careful
settlement of all these accounts, it has been as
certained that 1t amounts to 81, 900, O09. With
the scanty means al his command the postmaster.
general has managed 10 pay that portion of this
deficiency which occurred in the first two quar-
tiers of the past fiscal year, ending on the 3lsi
December last. In the mean time the contrac
tors themselves, under these trying circum
stances, have behaved in a manner worthy of all
commentator. They had one resource In the
Af hair