Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-12-29

every trcclcS oi hostility, however confined
or liineied. Without the authority Of Con.
Rress the President cannot fire hostile gun
IL any case, except 10 epel the attacks Of an
enemy Il will not be doubted that under
this power Congress could, II they thought
proper, authorize the President 20 employ The
force nt bis command 10 soise vessel belong
ing 10 an American citizen, which had been
illegally and uniustly captured in a foreign
port, and restore il 10 its owner. But can
Congress- 4 only afer the iact--after the
mischief has been donei Have they no pow
or 10 confer upon the President the authority
In advance to furnish instant redress should
such case Afterwards occurl Must they
wait until the mischief has been done, and
can they apply tho remedy only when II is
too latei To confer this authority TO meet
future cases under circumstances strictly
specified, il is clearly within tho war-decla-
ring power as such an authority conferred
upon the President by act Of Congress aner
the deed has been done. In the progress Of
great nation many exigencies must arise
imperatively requiring that Congress should
authorize the President TO act promptly ON
certain conditions which may or which may
not afterwards arise. Our history has al
ready p resented number Of such cases.
shall refer only 10 the latest
Under the resolution Of june Cd, 1853,
"ior the adjustment Of the difficulties with
the Republic Of Paraguay" the President is
authorized TO adopt such measures and use
such force as in his Judgment may be neoes-
sary and advisable in the event Of refusal
of just satisfaction by the government Of
Paraguay" "Just satisfaction" for what!
For "tho attack on tho United States steamer
Water Witch" and "other matters referred
TO in the asnual message Of the President"
Here the power is expressly granted upon
the condition that the government Of Para
| quay shall refuse TO rende this 'just satisfac-
ton" In this and other similar cases, Con-
gress has conferred upon the President pow
or in advance TO employ the army and navy
upon the happening Of contingent future
events; and this is most certainly is embraced
within the power to declare war.
Now if this conditional and contingent
power could be constitutionTlly conferred
upon the President in the case Of Paraguay
why may it not bo conferred for the purpose
Of protecting the lives and property Of Amer.
ican citizens in the event that they may be
violently and unlawfully attacked in passing
over the transit routes TO and from California
or assailed by the seizure of their vessels in
a foreign portl To deny this power is tc
render the navy in a degree useless for the
protection OF the lives and property of Amer.
lean citizens in countries where neither re-
dress nor protection can be otherwise obtain.
cd
The Thirty-fflh Congress terminated on
the Sd Of March, 1853. without having pass
cd the "act making appropriations for the SER
vice Of the Post Office Department during
the fiscal year ending Both Of June, 1860"
This act also contained an appropriation "to
supply deficiencies in the revenue Of the
Post Office Department for the year ending
the S0th Of June, 1859" l believe this is
the first instance since the origin Of the Fed
eral Government, now moro than seventy
years ago, when any Congress went out Of
existence without having passed all the gen.
eral appropriation bills necessary to carry on
the government until the regular period for
the meeting Of a new Congress. This event
imposed on the Executive a grave RESPONSE
bility. Il presented q choice Of evils.
Had this omission Of duty occurred at the
first session Of the last Congress, the reme-
dy would have been plain. l might then
have instantly recalled them to complete
their work-and this without expense to the
Government. But on the 4th of March last
there were fifteen of the thirty three States
which had not elected any representatives
to the present Congress. Had Congress
been called together Immediately, these
States would have been virtually disfran-
chised. lfan intermediate period had been
selected, several of the States would have
been compelled to hold extra sessions Of
their legislatures, at great inconvenience and
expense, to provide for elections at an earlier
day than that previously fixed by law. In
the regular course, ten ofthese States would
not elect until after the beginning ofAugust
and five Of these ten not until October and
l November.
On the other hand, when came to exam
T inc carefully the condition Of the Post Office
Department, | did not meet as many or a!
= great difficulties as had apprehended. HaC
the bill which failed been confined to appro
4 priations for the fiscal year ending on tn
Q Both Of June next, there would have beer
i no reason of pressing Importance for tht
. call of an extra session. Nothing woul
become due on contracts Chose with rail
It road companies only eXcepted) for carryin
. the mail for the first quarter of the presen
: fiscal year, commencing on the 1st Of July
e until the lst of December-less than on
!. week before the meeting of the present Cor
-
q tors for this the current year did not com
II plete their first quarters service until tn
= 3Oth September last; and by the terms
;, their contracts sixty days more are allowo
/ for the settlement Of their accounts befor
/. the Department could be called upon 70
). payment.
q The great difficulties and the great hard
v ship consisted in the failure to provide for tn
r payment of the deficiency in the fiscal yea
?, ending the 30th of June, 1859. The d,
e, partment had entered into contracts, in obe
r. dience to existing laws, for the service
g that fiscal year, and the contractors wer
y fairly entitled to their compensation as it bt
d came due. The deficiency as stated in th
IS bill amounted to $3,938, ,728, but, after
careful settlement of all these accounts,
"A has been ascertained that it amounts to S4
,e 296,OO9. With the Scanty means at his con
mand the Postmaster or General has maj
/ aged to pay that portion of this deficienc
G which occurred in the the first two quarter
y Of the past fiscal year, ending on the 31st
: December last. In the meantime the col
'f tractor themselves under these trying eli
IS cumstances, have behaved in mannC
&c worthy of all commendation. They'had on
s resource in the midst Of their embarras
e ments. After the amount due each of thei
n had been ascertained and finally settled a.
y cording to law, this became specific debt
le record against the United States, which er
g abled them to borrow money on this unques
ie tionable security. Still they were oblige
c, to pay interest in consequences of the deiau
n OF Congress, and on every principle of justic
ought to receive interest from the Govern
IS ment This interest should commence froI