New-York daily tribune., 1859-12-28

SRaluet Tie cDtWf' Il.
an, &c and b,tory proves that il was the weIk
,Tn,,nts,n Of tie framsrs of the Constitution,
II will not be depied that the general power /"
declare war" il without Limitation, ano "a sa,;on
4, Itself NOT oply what writers on the Ia" OF uaIus
term a uublc or perfect war, but also an imPeIIeos
war-snd in short every species OF hoslty, no"eNe'
eonersd or limited Without the autbo MY OF Cou-
grets the President cannot nre noetne suH ~ my
Ease exespt TO repel the attacks of an enemy
II will not be doubted that under this power Gou
oress eoud II they thought proper authorize tue tre
sident TO employ the force at his command 20 seIe
yeeeel belonging TO sn Anerican cuheh "neai ha-
been Illegally and upjustly captured IN foreign P2
90 ,e.tsre Il 10 its ow ner. Bat can Congress only
act after the fact-aiter the mischief nas oeeh none
Have they no pow 10 confer upon ine toe
authority IN advance 10 furnish instant redress suTu
sueh a case afterNard occur Must they wait unt tne
ehef has been d. ne and can they Apply tue remedy
only when II is too latel To confer tins authority 70
meet future cases under circumstances strety sPeel-
6sd ia as clearly within the war-deelaring power ~
speh an authority conferred upon the PRESIDENT oy ect
If Congress after the deed has been done. In the
progress Of great nation many exigences must arise
imperatvely requiring that Congress should authorize
tie President TO act promptly on certain conditions
which NAV or may not aiterward arse. Our history
has already presented number OF such cases. shall
IrSeriibe resolution Of June 9, 1885, 4" for the ad-
"iusinent of difficulties with the Republic OF Para-
1uayD the President is authorized TO adopt such
" measures and use such force in his Judgment
" NAV be necessary and advisable in the event OF
refusal Of Just satisfaction by the Government OF
Paraguay Just sal sfaction for what For the
" attack on the United States steamer Wafer witch,
and other matters referred TO in the annual mes
sage Of the President Here the power expressly
granted upon the condition that the Government OF
Paraguay shall refuse to render this just satlsac
tionh In the and oiher similar cases Congress have
conferred upon the President power in advance TO em-
uoy the army and navy upon the happening OF contln-
gent future events and this most certainly embraced
within the power to declare war. =,
Now if this conditional aud contingent power could
be constitutionally conferred upon the President In the
care of Paraguay, why may il not be conferred for
the purpose OF protecting the lives ana properly OF
American citizens in the event that they may be vlo-
leutly and unawiuy attacked in passing over the
transit routes to and from California, assaed by
the seizure of their vessels in foreign port Io deny
this power render the navy IN great degree use
ets for the protection OF the lives and property OF
American citizens iii countries where neither protec-
ton nor redress can be otherwise obtained.
The XXXNtb Congress terminated on the 50 OF
March, 1862 without having passed the - act making
appropriations for the service OF the Post-Ohc De-
"paitn ent during The fiscal year ending the 30h June,
"iS60" This act also contained AN appropriation
,rpy deficiencies in the Of the Depart
mepi or the year ending the ath Of June 1859" be-
Heye this the first since the origin o the Fed
eral Government, more than seventy years ago when
~ eu.ei opraon b- necessary carry the Govern
N, OF the regular period for the meeting Of new Congre'
hi. event inPG:sd 10 or & the Executive grave e'pOn'0 1T
Had this omissicn Of duty occurred the frs. session
Of the Congress the remedy would have been plain might
then have instantly recalled them to complete their woTfsnd
march last nheen of the thytbree States which
had elected any Representatives. to the present Congress-
would have been virtually dsanchised II Intermediate pc
od had selected Of the States would have been
compelled hold extra sessions Of their Legislatures at seat
and expense provide for elections earlier
ter Of hesstste. would not elect until amer the Of
August and 1--WE Of these not until October and Noyembsr
condition Of The PotOce Department didnot meet many
great difeulls a. bad sPp,c ia the 6l w1eo
the 10th June wo1d been
beomr due ON contracts thee wi,h raroad only
e,e.ped for carrying the mail fr the hrt quarter Of the pres
commencing the Let Of July until the lat OF
Dsoenbele than wees before the meeting Of the present
Congress The h the mail contractors Tor this the
yes did not complete their n,t service until the
Both Sep ember t and by the terms Of their contracts Ity
fore the Department could be called upon for pay Dent
he ges difficulty and the great hardship consisted In the
scar ending the sOh June SS The department entered
io contracts IN obedience to existing for the service Of
that fscs year. and the contractors fairly entitled to their
FsDsson became due 1he deficiency stated In the
thee eooounS il been sscertained s
2es With ths .s1y mean. ans q, ms S se
occurred the hIs quarters of the past fiscal ending
the sls December last Ia the the contractors
themselves under thee trying circumstances have behaved
in manner worthy OF ali coninendatiOD TSey had one
the due each OF them bad been a'cersned aud
finally settled according to law this became specific debt Of
money this unques,ioDable security Stu they
obliged pay Of the default Of Congress-
Tie 1bs interest should from the
date ond have sued for the payment OF the
princpsl appropriation been for this purpose. Cal
crlaied up lat December will not exceed SSG60-s sum
not to be when coLtated with the great
difficulties and eUbIrsssmeD of public and private character
the people and the which would have resulted
from ening and holding special session OF Congress-
For these recommend the passage OF bill at as early
day m.y be practicable to provide for the payment Of tbs
make the appropriations for the service OF
be failure to pass bill necessarily gives birth
to seou, reflections Congress by refusing 70 pass the general
no, ony arrest action might destroy It's existence
The Army the Navy the Judciy In short department
Congr, refuse money necessary support
shood teach the country the necessity Of eecting full
them In any emergency immediately after the old Con-
has eaPed i w bsve been productive Of great good S
all expect TO encounter IN their progress the
Congress without delay. such circumstance
PIesd should md bsef In the coneon in which he
pseed ct close Of the lss Congress- nearly half
States Of the Union destitute OF Representatives the sonse
qusnces might be disastrous therefore recommend Con-
Trss osry into effect the roshions Of tho Constitution
ibis subject and pass law appointing day previous
the 4h arch each year Of odd number for the election Of
appointed day the election Of Electors President
Wee President and this has been approved by the
country.
would again express decided opinion the
eonsueiicn Of Pacific Roir sd for the stated In my
Two lat snIusl metsge heL reflect upon what would Do
the defer ees condition OF and refn Of
the Eey Mountains IN care Of with naval sud
eeIy strong interrupt ali iBeTcour.e with by
the sthIu It'll Of
constitutional competency of Congress provide for is
siretior bu, this exclusively ander ne Be-
sizes the Constitution requires imperative duty
inyssioS any ~ ~ sas 81, Sne .sss
car be saorGedio california aud
BY sny Other mesn. repeat 'se opinion contained in
eminent 10 undertake ttis gea work Oy agents Of s .p
pOinm.nt end under s direct exclusive control This
extent would foster system Of obbing and corraoon
shieh vigilance the Pi Of Federal officials coad prevent
Tie construction Of Bis road ought therefore
incorporated con penies other agencies who would exercise