Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-12-19


the constitutional government would enable i son la
reach the city OF Mexico and extend is power the
whole republic In that event there i NJ reason to
doubt that the just claims OF citizens wou b. salts
fled and adequate redress obtained Tor the injuries ict
el upon them. The constitutional government have
ever evinGed strong desire To do justice, and This
might be secured in advance by preliminary treaty.
II may be said that these will, cst nli-
rectly be inconsistent with wise ami settled policy
not to interfere in the domestic concerns Of foreign
tons But does not the present fairly constitute
exception An adjoining republic i, in a state Of anar.
chy and confusion from which she has proved wholly
able to extcte herself She is entirely destitute 81 the
power 10 maintain peace upon her bocts ~ to prevent
the inculsions Of blnr into teituIy Ia her fate
and III her toItune-in her power Ia establish and main
tain a settled govcrnmcntwa have III deeper interest
socially, commercially and politically than any other
ton. She wreck upon the ocean, drifting shout
she is impclled BY different factions 4 good neigh
bor shall not extend 10 her helping hand to stvchcr
Ii we do not it would not IL surprising should some
other nation undertake the task and thus fore, Us to in
tcrere at last under circumstances o increased difficulty.
ipr the maintenance Of our e>tabIiShr, policy
l repeat the recommendation contained in my last
annual message that authority may bc given IL
the President establish or temporary
military posts the Mexican line III SONORA
and chihuahua, where these may be- Necessary t.
protect the lives and property OF American and AlcXi
citizens against the ncurSion> and Expectations
of the Indians, well - # lawcsS that ~
point called Arispe, i'll Sonora, III county almost
dtpopnlutcd by the hostile inrolds o the Indians from
side of the line would il is believed have prevented
much injury and many cIucltics daring the past season
state OF awlcSsness and violence prevails on that dis
tant frontier Life and property there wholly mse
The population .! A!iLJHa. now numbering more
than ten Thousand souls practically destitute - GOV
crnmcnt OF laws or OF any regular Standardization 81
Justice. Murder, l;pinc, and other crimes committed
with mpunity l. therefore again al the attention 81
Congress IL the necessity Tor establishing territorial
government over Arizona
The treaty with Nicaragua Of the lCth February 1915,
to which referred in my last annual message, failed To
receive the ratification ot Tie government "f that rcpnn
lc for which need not cnumcrttc. y similar
treaty has been since concluded between the pltrs te
ing date on the 10th March 1859, which airGpy beI,
ratified hy the Ncaraguan Congress This will hr imnc
diaely submitted IL the Senate for their ratification It's
provisions cannot think, fail be acceptable t. the
people Of both countries.
Our claims the governments OF Costa Eca and
Nicaragua remain une,IrSscd though they are pressed
in earnest manner and not without hope Of suc-cas
deem it to be my duty ONCE more earnestly t. recon-
mend tn Congress the passage ui law authorizing tho
President to employ the naval force 1t his command Tor
The purpose OF protecting the lives and property OF Amer
lean citizens passing in transit the Panama, Mica.
ngua and lehuanepcc routes, against sudden aud law
less outbreaks and dcprdaticus shall not repeat the
arguments employed IN former ages ~ support .!
this measure Suffice il say that the lives OF many 81
people aud the security Of vast amount, Of Gr.uo
passing and repassng over one OF more 81 these "Go
between the Atlantic and Pacific, may be deeply involved
in the action Of Congress this subject.
would, also again recommend to CongcsS thai AZ
thoity be given t. the President ID employ ne nas'E
force protect American merchant vessels THEN
aud carsocs against violent and wless seizure and
sction in the ports Of Mexico and the Spanish American
States when these countries may be i'll disturbed and
revolutionary condition The mere knowledge that such
authority had been conferred have already stated
OF itsrt lplt
Neither would this require any additional appropriation
for the naval service.
The chief objection urged against the grant Of this
thority is that Congress- by comforting it, would violate
the constitutOn-that it would he transfer Of the
making or strictly speaking the war-dccrng power To-
the Executive Ii this well founded, II would -
course be conclusive. very brief examination however
will place this objection at rest
Congress possess the sole and exclusive power undo.
the constitution, ito declare war" They alone
raise and support armies, and provide and maintain
navy" But after Congress shall have d,clatcd war,
and provided the force Necessary To caIy it on the les
ident, Commander Chief OF the Army ANA Navy, cab
alone employ this force in making against the enemy
This is the plain language, aud history proves that was
the wclknown Intention OF the trainers OF the Consutu
ton
1t vii! not lie denied that the general power to dc
clare war is without limitation and embraces within itself
only what writers the law Of nations term pub
lie perfect war, but also imperfect and in
short every species Of hostility, however confined
limited Without the authority OF Congress the Prcsi
dent cannot fire hostile gun in amy case, except to
rcpcl the attacks Of enemy IL will not BE- doubted
that under this power Congress could, II they thought
proper authorize the President To employ the force \.
his command seize vessel belonging to American.
cz.n which had been cg ally and uGjustly captured ia
a foreign port and restore it to its But Con
grcss only after the tter the mischief has been
done Have they power u confer upon the President
the authority advance furnish instant Iei,ss should
such q afterwards occur! Must they wait until the
mischief has been DONE and they apply the remedy
only when it is late 10 confer thi. authority To
meet future under circumstances strictly specified
~ clearly within the war-lrcaring power such
thorty conferred upon the President y act o CUnsrcS,
after deed had been done Ia tue progress OF great
nation many eYgenccs must arise impeatiycly requiring
that Congress should authorize the President 10
promptly certain conditions which may may NJ,
afterwards arise Our history has already presented
number Of such cases shall refer only to the latest
Under the resolution Of June I'd 1888, for the
adjustment of difficulties with the republic 81 Para
quay the President is authorized to adopt such
urcs ard use such force in his judgment may b;
n, ccssay and advisable in the event ot refusal OIL
lust satisfaction by the government o Paraguay Just
satisfaction" .or what For "the attack the United
States steamer Water Witch aud otEcr matter, Is!cT
rel To in the annual mc-sagc ut the President Here
the power Is expressly granted upon t condition that
the government Of Paraguay shall refuse TO Ienic this
"iust satisfaction la this and other similar Gases Ton
gless have conferred upon the Prc,icnt power in ad
vance to employ army and navy upon the happening
of contingent future events and this most certainly !,
embraced within the power 10 declare War
Now if this conditional and contingent power could he
constituonaly conferred upon the President in the
of Paraguay why may it not be conferred for the pun
of the lives and property OF American