The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-12-29

citizens passing in transs across the Panama,
Nicaragua, and Tehuantepec routes, against
sudden aud lawess outbreaks and depreda-
tons. l shall not repeat the arguments en-
ployed in former messages in support of this
measure. Suffice it to say that the lives of
many of our people, andl the security of vast
amounts Of treasure passing and repassing over
one or more of these routes between the Allan
tic and Pacific, may be deeply involved in the
action of Congress on this subject.
| would also again recommend to Congress
that authority be given tG the President to en-
ploy the naval force to psctect American mer-
chant vessels, their crews Qnd cargoes, against
violent and lawless seizure and confscation in
the ports of Mexico and she Spanish American
States, when these countries may be in dis
turbed and revolutionary condition. The mere
knowledge that such an authority had been
conferred, as | have already stated, would, of
itself, in great degree, prevent the evil.
Neither would this require any additional APP
preparation for the naval service.
The chief objection urged against the grant
of this authority is, that Congress, by comforting
it, would violate the Cons itution-that it would
be transfer of the waemaking, or, strictly
speaking, the war-declarihg power, to the Ex-
ecutive. If this were well founded, it would, of
course, be conclusive. n very brief exam
nation, however, will PLACE this objection at
rest.
Congress possess 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 it on, the Presi-
dent, as Communicating, JEFF of the army and
navy, can alone employ tais force in making
war against the enemy. This is the plain Ian
guage aud history proves that it was the we'll
known intention ofthe trainers of the Consttu-
ton.
1t will not be denied that the general "power
to declare war is without limitation and en-
braces within itself not only what writers on
the law of nations term public or perfect war,
but also an imperfect war-and, in short, every
species of hostility, however confined or limit
ed. Without the authority of Congress, the
President cannot fire hostile gun in any case,
except to repel the attacks of an enemy. 1t will
not be doubted that under this power Congress
could, If they thought proper, authorize the
President to employ the force at his command
to seize a vessel belonging to an American cit
izen which had been illegally and unustly cap
tured in a foreign port, and restore it to its
owner. But can Congress only act after the
tact-atter the mischief has been done? Have
they no power to confer upon the President the
authority, in advance, TO furnish instant re-
Must they wait until the mishef has been DONE
and can they apply the remedy only when it is
too late? To confer this authority to meet iu-
ture cases under circumstances strictly spec.
fed, IS as clearly within the war-decaring
power as such an authority conferred upon the
President by act Of Congress after the deed had
been done. In the progress of great nation,
many eXigencies must arise imperatvely re-
curing that Congress should authorize the
President to act promptly on certain conditions,
which may or may not afterwards arise. Our
history has already presented a number of
cases. | shall refer only to the latest.
Under the resolution of June ID, 1853 " for
the adjustment of difficulties with the Republic
of Paraguay" the President is "authorized 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 Paraguay" "Just salts
faction" for what? For 81 the attack on the
United States steamer Water Witch" and
"other matters referred to in the annual mes
sage Of the President" Here the power is ex-
pressly granted, upon the condition that the
Government Of Paraguay shall refuse to render
this . just satisfaction" In this and other sim
liar cases, Congress have conferred upon the
President power in advance to employ the army
and navy upon the happening of contingent fu
braced within the power to declare war.
Now il this conditional and contingent pow
er could be constitutionaly conferred upon the
President in the case of Paraguay, why may it
not be conferred for the purpose of protecting
the lives and property of American citizens in
the event that they may be violently and unlaw-
full attacked in passing over the transit routes
to and from California, or assailed by the
seizure Of their vessels in foreign port? To
- L. II
great degree useless for the protection of the
lives and property of American citizens in
countries where neither protection nor redress
can be otherwise obtained.
The Thirty-itth Congress terminated on the
Sd of March, 1859, without having passed the
act making appropriations for the service of
the Post Office Department during the fiscal
year ending the Both June, 1860" This act
also contained an appropriation "to supply de-
fcencieS in the revenue of.the Post Office De-
partmeut for the year ending the Both of June,
1859" believe this is the first instance since the
origin of the Federal Government now more
than seventy years ago, when any Congress
went out Of existence without having 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 Executive a grave re-
sponsibihty. 1t presented a choice of evils
Had this omission of duty occurred at the
first session Of the last Congress the remedy
would have been plain. L might then have in
stantly recalled them to complete their work
and this without expense 10 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 immediate
~, these States would have been virtually dis
franchsed. III an intermediate period had been
selected, several of the States would have been
compelled to hold extra sessions Of their Legisa.
lures, at great Inconvenience and expense, to
provide for elections at earlier day than that
previously fixed by law. In the regular course,
ten of these States would hot elect until after
the beginning of August, and five of these ten
not until October and November.
On the other hand, when I came to examine
carefully the condition of the Post Office De-
partment, / did not meet as many as great
difficulties as / had apprthended. Had the
bill which failed been confined to appropria-
tons for the fiscal year ending on the 30th of
June next, there would have been no reason
of pressing Importance for Se call of an extra
session. Nothing would become due on con-
tracts Chose with railroad companies only ex-
cepted) for carrying the mail for the first quar-
ter of the present fiscal year, commencing on
the st of July, until the lst of December less
than one week before the meeting of the pres
ent Congress. The reason is, that the mail
contractors for this the current year did not
complete their first quarters service until the
Both September last and, by the terms Of their
contracts, sixty days more are allowed for the
settlement Of their accounts before the Depart
ment could be called upon for payment.
The great difficulty and the great hardship