The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-28
ne weAknown intention Of the trainers Of the con.

N
N declare war; is without Imitation and embraces
within Nself not only what writers onahe law OF
patlons term pubic or perfect war, but also an
imperfect and, in short, every species OF hos
fIify however confined or limited. without the
authority of Congress the President cannot fire q
hostile gun in any case, except to repei the at
tacks Of an enemy. Ii will not be doubted that uadef
tkS power Congress could il they thought proper
ssthorize the President to employ the force al
his command to seize a vessel belonging 70 an
American citizen which had been illegally and nm
ssiy captured ia foreign port and restore II 10 III
owner. But can Congress only act after the fact
after the mischief has been done? Have they no
power to confer upon the President The authority
in advspce to furnish instant redress should such
SAse afterwards occur? Must they wait until the mis-
chief has been done and can they apply the remedy
aiy when it is too later To confer this authority 10
meet future cases under circumstances strictly spe-
ui6ed, is as clearly within the war-deciaing power
IA such an authority conferred upon the President
by act Of Congress after the deed had been done,
IN The pro gress of great nation many eXigencies
must arise imperatively requiring that Congress
mould authorize the President to act promptly on
certain conditions which may may not afterwards
sxiss. Our history has already presented nuraber
ofsuch cases. shall refer only TO the latest.
Under the resolution of June 2, 1858, "for the
adjustment of difficulties with the republic of Pa
xagusyp the President is authorized 70 adopt such
measures and use such force as In his Judgment
Bsy be necessary and advisable in the event OF
refusal Of jus. satisfaction BY the government OF
paraguay "Just satisfaction for WHAT For 'the
attack on the United States steamer Water Which,
and "otLer matters referred to in the annual
message Of the President Here the power
sssexpressly granted, upon the condition that
the government OF Par'euy shau refuse TO render
Mis- "jRst satisfaction In this and other similar
cases Congress have conferred upon the President
power in advance TO employ the army and navy
n,on the happening Of contingent future events;
md this most certainly Is embraced within the
powcr to declare war.
NECESSITY or MORE POWER IN THE HANDS OF THE
PRESIDENT.
Flow, II this conditional and contingent power
osoId be constitutionaiiy conferred upon the
President in the case of Paraguay, why
NAV il not be conferred for the purpose
sf protecting the lives and property of American
citizens in the event that they may be violently
rad unlawiully attacked in passing over the transit
sowtes to and from California, or assaiied by the
ssisare Of their vessels in foreign port, To deny
This power is TO render the navy IN great degree
uesless fer the protection of the lives and property
OF American citizens In countries where neither
pSotectioa nor redress can be otherwise obtained
THE POST OFFICE APPROPRIATIONS.
The Thisty-ffth Congress terminated on the Sd Of
March, 1859, without having passed the act max
ing appropriations tor the service OF the Post Office
Department during the fiscal year ending the 30th
Of june, 1907 This act also contained an appro-
pYiation to supply deficiencies in the revenue of
the Post Office Department for the year ending
The 30th OF June 1852 believe this is the first in
stance since the origin Of the federal govern
meat, now more than seventy years ago, when any
Congress went out of existence without having pass
I'd all the general appropriation bills necessary 10
carry on the government until the regular period
fer ,he meeting of new Congress. This event
imposed on the executive grave responsibility.
i 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 in
stanAy 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
thrtythre States which had not elected any repre-
seutatives to the present Congress. had Congress
been called together Immediately, these States
would have been virtually disfranchised If an in
temediate period had been selected, several of the
States would have been compelled 70 hold extra
sessions OF their Legislatures, az great inconve-
nience and expense to provide tor elections at an
earlier day than that previously fixed by lew. In
We regular course, ten Of these States would not
elect until after the beginning Of August and five
II these ten not until October and November.
On the other hand, when l came to examine
oaxeiuliy the condition of the Post Office Depart
nent, did not meet as many or great difficulties
% had apprehended. Had the bill which failed
Been confined TO appropriations for the fiscal year
esding on the 3oth June next, there would have
AecA no reason OF pressing importance for the call
ofan extra session. Nothing would become due on
contracts Chose with ralroa~t companies only eX-
ceed) for carrying the mail FOR the first quarter of
the present fiscal year, commencing the lst OF Ju
BY, until the LIST ofDecember-iess taan one week be-
fore the meeting of the present Congress. The
is that the mail contractors for fns the cur
rent year did not complete their first quarters ser
rice until the seth September last. and by the
terms of their contracts sixty days more are al
lowea for the settlement of their accounts be-
Ere The Department. could be called upon for pay-
Bsnt
THE TROUBLES OF THE Man. CONTRACTORS.
The great difficulty and the great hardship con-
listed in the failure TO provide for the payment of
Me deficiency in the fiscal year ending the Both
.trne, 1869. The Department bad entered into
ssanacts in obedience TO existing laws for the
service Of that fiscal year and the contractors were
flTly entitled to their compensation rs It became
due. The deficiency as stated in the bill
nfaA 10 tnf a ret
settlement of all these accounts, it las
been ascertained that il amounts TO si,296,O09.
With the scanty means at his command
the PostmasterG General has managed 10 pay
that portion OF this deficiency which occurred ii
The first two quarters Of the past fiscal year. ending
on the 3lst December last. In the mean time the
contractors themselves, under these trying oiscum
stances, have behaved In q manner worthy OF all
commentator They had one resource in the
midst of their advertisements After tie amount
due 10 each Of them had been ascertsined
sAd finally settled according to law, this
became a specific debt of record against
The United States which enabled them to bor-
row money on this unquestionable security. Still
they were obliged TO pay nterestin consequence of
the default of Congress, and every principle Of
justice ought to receive interest from the govern
xnent This interest should commence from The
date when warrant would have issued for the
payment Of the principal had an appropriation been
made for this purpose. Calculated up TO lst De-
sember, it will not exceed 500 Goo sun not to
be taken into account when contrasted with the
great difficulties and embarassments OF public
md private character, both TO the people and the
States which would have resulted from converting
and holding special session OF Congress.
For these reasons recommend the passage OF a
hill. at as early day as may be practicable, to
provide for the payment of the amount, with nte-
rest, due 10 these last mentioned contractors, as
well as to make the necessary appropriations tor
the service of the Post Office Department for the
enYrent fiscal year.
The failure 10 pass the Post Office bill necessarily
axsx irwin, ", u,apa RI.
f0sipg to pass the general appropriation bills neces
eayy TO carry on the government, may not only ar
rett ite action, but might destroy its existence
The army, the navy, the judiciary-in short every
form their functions if Congress refuse the money
necessary for their support If this failure SHOULD
teach the country the necessity Of citing full Con
cress in sufficient time to enable the President Il
convene them in any emergency, even immediately
after the old Congress has expired, it viii hav,
been pr objective Of great good In time of sud