Des Arc citizen., 1859-12-21
o eniii6v fiis naxsai forac fo nlrotoct tha


 American merchant vessels their crews and cargoes, against violent and lawless seizure and confiscation in the ports of Mexico and the Spanish American States when these countries may be in disturbed and revolu- tionary condition. The mere knowledge that such an authority had been conferred, as have already stated, would of itself in a great degree, prevent the evil. Neither would this require any additional appropria- ton for the naval service.
 The chief object urged against the grant of this authority is, that Congress, by confer ring if, would violate the Constituti0n-that if would be a transfer of the war-makiug, or, strictly speaking the war-declarln0 power to the Executive. If this were well founded, It would, of course, be conclusive very brief examination, however, will place this objection at rest. power. under the Constitution, "to declare war" They alone can (" raise and support | armies" and provide and maintain na- W." But after Congress shall have declared war. and provided the force necessary 10 | carry it on, the President, as Commandments | Chief of the Army and Navy, can alone en- l ploy the force in making war against the | enemy, This is the plain language, and his | tory proves that it was the well-known in- tention of the framers of the Constitution. | It will not be denied that the genera | "power to declare war is without llmlta- I | what writers on the law of the nations term
 n public or perfect war, but also an ImpeTtect | war-and in short, every species of hostility. | however confined or limited Without the
 authority of Congress the President cannot fire hostile gun in any case, except 10 repe' the attacks of an enemy It will not pc
 doubted that under this power Congress
 corld if they thought proper, authorize the
 President to employ the force at his com
 mand to seize a vessel belonging to an Amer
 can citizen which had been illegally and un-
 1ustly captured in foreign Congress oniV
 act after the act-after the mischief mas oee''
 done Have they no power to confer uno'
 the President the authority Tn advance to .u,
 nish instant redress should such case ater wards occur? Must they wait until tue ms
 chief has been done, and can they apply the
 remedy only when it is too late? To cone this authority to meet the future cases unde circumstances strictly specified, is as c'eari' within the war-declaring power as such al ? authority conferred upon the President D, - act of Connress after the deed had been done Tn the progress of a great nation many exl
 oencies must arise imperativelv requirln n | that Conpress should authorize the Preslden r to act promptly on certain conditions "nic
 | may or may pot afterwards arise. Our h's |. | tory has already presented numoer or sue F cases I shall only refer to the latest.
 s Under the resolution of June ?, 1898, TO V the adjustment of difficulties with the Repu' e lie of Paraguay" the President is autho r. ;zed to adopt such measures and use sue ,f force fore as in his judgment may be necessal d and advisable in the event of a refusal Of lu d satisfaction by the Government of Para quay i'll Just satisfaction " for what? For the 1e. { eff tack on the United States steamer wal e. Witch," and other matters referred to III n ' al Annual Message of the President. lie m the power is expressly granted upon the co ti- dition that the Government of Paraguay sh he refuse to render this "just satisfaction :, IT. this and other similar cases Congress m conferred upon the President power m he vance to employ the army and navy up he the happening of contingent Iuture eveu ;t, Ter and this most certainty Is e'ioia'oo "-' hts the power to declare war
 yer Now, if this conditional and contlng TOT mower could be constitutionally con1erreu ing on the Presdeat in the case of Paraguay, " pt. may it not lte conferred for tho purpose