Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-12-29

~ Involved IN the action OF ConRresa on lhA
subject
would, also. again recommend to Congress
That authority be given 10 the President %
employ the naval force to protect American
merchant vessels, their crews and cargoesi
against violent and lawless seizure and con-
hscaton in the ports Of Mexico and tho Span
ish American States, when these countries
may be in a disturbed and revolutionary con-
dition The mere knowledge that such an
authority had been conferred rs / have al
ready stated, would Of ITSELF In great de-
gree, prevent the evil. Neither would this
require any additional appropriation for the
naval service.
The chief objection urged against the grant
Of this authority is, that Congress, by con-
ferring it, would violate the Constitution =
that II would be transfer Of the war-mak-
ing, or strictly speaking the war-declaring
power to the Executive. IL this we're well
rounded IL would, of course, be conclusive.-
a very brief examination, however, will place
this objection at rest.
Congress possesses the sole and exclusive
power, under the Constitution, TO declare
war; They alone can "raise and support
armies" and 'provide and maintain navy"
But after Congress shall have declared war,
and provided the force necessary TO carry IL
on, the President, as COmmaRder-in-Chief Of
the army and navy, can alone employ this
force in making war against the enemy. This
is the plain language, and history proves that
it was the well-knoWn intention OF the franz
ers Of the Constitution.
It will not be denied that the general "pow-
er TO declare war is without Limitation, and
embraces within itself not only what writers
on the law Of nations term a public or per-
feet war, but also an imperfect war-Rnd, in
short every species Of hostility, however con-
fined or limited. Without the authority Of
Congress the President cannot FIRE q hostile
gun in any case except to repel the attacks
of an enemy. II will not be doubted that un-
der this power Congress could, if they thought
proper, authorize the President to employ the
force at his command to seize vessel be-
longing TO an American citizen which had
been illegally and unjustly captured in a for
eign port and restored to its owner. But can
Congress only act after the fact-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 afterwards occur Must they
wait until the mischief has been done, and
can they apply the remedy only when it is too
|, late 2 To confer this authority to meet future
cases under circumstances strictly specified, is
as clearly within the wsr-deelaring power as
such AN authority conferred upon the President
by act of Congress after the deed had been
done, in the progress of q great nation many
exigenoies must arise imperatively requiring
that Congress should authorize the President
to act promptly on certain conditions which
may or may not afterwards arise. Our his
tory has already presented q number of such
cases.
Under the resolution Of June 2, 1858, "for
the adjustment of difficulties with the repub-
lie Of Paraguay" the President is aauther-
ized to adopt such measures and use such
force as in his judgment may be necessary
and advisable in the event of a refusal Of
just satisfaction by the government of Para
quay" "Just satisfaction for what2n For
'the attack on the United States steamer
Water Witch and "other matters referred to
in the annual message of the Prcsident"-
Here the power is expressly granted upon IL
condition that the government of Paraguay
shall refuse to render this just satisfaction
In this and other similar cases Congress have
conferred upon the President power in ad-
uance to employ the army and navy upon
the happening of contingent future events
and this most certainly is embraced within
the power to declare war
Now, if this conditional and contingent
power could be constitutionally conferred up
on the President in the case of Paraguay
why may it not be conferred for the purpose
of protecting the lives and property of Amer
lean citizens in the event that they may be
violently and unlawfully attacked in pass
ing over the transit routes to and from Cali
fornia assailed by the seizure of their yes
sells in foreign port2 To deny this power
is to render the navy in great degree use
less for the protection of the lives and prop
erty of American citizens in countries where
neither protection nor redress can be other
wise obtained.
The Thirty-ffth Congress terminated on
the 3D. Of March, 1859, without having pass
ed the "aot making appropriations for the
service Of the Post Office Department during
the fiscal year ending the 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
} Both of June, 1859" l believe this
} the first instance since the forma-
} ton of the Federal Government, now
more than seventy years ago, when any
J Congress went out Of existence without hav-
ing passed all the general appropriation bills
} necessary to carry on the government until
the regular period for the meeting Of a new
Congress. This event imposed on the execu-
I tive grave responsibility. 1t presented a
Q choice of evils.
Had this omission Of duty occur red at the
first session of the last Congress, the remedy
would have been plain. l might then have
instantly recalled them TO complete their work
, and this without expense to government. But
on the 4th OF March last there were htteen OF
the thirty-three States which had not elected
any representatives to the present Congress.
Had Congress been called together immedi-
. ately, these States would have been virtually
disfranchised. If an 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
I the regular course, ten Of these States would
/, not elect until after the beginning Of August
and five of these ten not until October and
: November.
On the other hand when l came to examine
carefully the condition Of the Post Office De-
partment, did not meet as many or as great
Z difficulties as / had apprehended. Had the
= bill which failed been confined to appropria-
tions for the fiscal year ending on the S0th
. June next, there would have been no reason
| of pressing importance for the call of an ex-
ira session. Nothing would become due on
contracts those with railroad companies only
eIcepted) for carrying the mail for the first
! quarter of the present fiscal year, commencing
!. on the lst of July, until the lst of December
q less than one week before the meeting Of
j the present Congress. The reason is that the
J | mail contractors for this the current year did
] | not complete their fret quarters serviVe un-
4 I'll the Both September last and by the terms
y of their contracts sixty days more are allow
: ed for the,settlement of their accounts before
. the Department could be called upon for pay
| ment.
}. The great difficulty and the great hardship
! consisted in the failure TO provide for the pay