The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1860-01-04

conferring II, would violate the Constitution
that II would be q transfer of the war.
making, or. strictly speaking, the war
declaring OF the Executive. II this were
well founded, it would, OF course, be eonclu.
sive. A very brief examination, 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
srmies." and "provide and maintain navy"
But after Congress shall have declared war.
and provided the forces necessary to carry il
on, the President, as Commahder.ih. 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 we'll known intention
Of the trainers Of the Constitution.
1t will not be denied that the general
"power TO declare war" is without Limitation,
and embraces 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 limited. Without the
authority of Congress the President cannot
! fire hostile gun in any case, except to re.
pei the attacks OF an enemy. 1t will not be
doubted that under this power Congress
could, IL they though: proper, authorize the
President to employ the force st his com.
mand to seize vessel belonging to an
American citizen which had been illegally
and uniustly captured in foreign port, and
restore it TO its 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
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 ! To confer this authority to meet
future cases under circums tances strictly
specified, is as clearly within the war-declar-
ing power as snch an authority conferred
upon the President by act Of Congress after
the deed had been done. In the progress of
great nation many accidents must arise
imperutiveIy requiring that Congress should
author;za the President to act promptly on
certain conditions which may or may not at.
terwards arise. Our history has alfeady
presented number of such cases. shall
refer only to the latest.
Under the resolution Of June Q, 1858,
"for the adjustment of difficulties with the
Republic OF Paraguay" the President is
"authorzed to edops such measures and use
such force as in his judgment may be neces.
sary and advisable in the event of re usal
oil just satisfaction by the Government Of
Paraguay" "Just satisfaction" for what I!
For "the attack on the U. s. steamer Water
| Witch" and "other matters referred to in
the annual message of the President."-
thn Is In, tod
the condition that the government OF Para.
quay shall refuse to render this "just satis-
faction" In this and other similar cases
Congress have conferred upon the President
power in advance to employ the aruly and
navy Gpon the happening of contingent "a
ture events; and this most certainly is en-.
brsced within the power to declare war.
Now, if this conditional and contingent
power coald be consttutionally conferred
upon the President in the case of Paraguay,
why may it not be conferred Tor the purpose
of protecting the lives and property of A Amer-
lean citizens in the event that they may be
violently and unIaw'ully attacked in passing
over the transit routes to and from CaIifor
min, or assailed by the seizure of their yes.
sells in foreign port To deny this power
less for the protection Of the lives and pro-
perty of American citiz'ns in countries
where neither protection nor redress can be
otherwise obtained.
The Thirty Filth Congress terminated on
the 81 OF March. 1859, without having pass
ed the "act making appropriations Tor the
service of the Post Office Department du.
ring the fiscal year ending the Goth June,
1850" This act also contained an agpro.
priation" to supply deficiencies in The rev
enue of the Post Office Department for the
year ending the son OF June 1859" be
ieve this is the first instance since the or
iein OF Il e +, der0 Government, now more
thon sew nty years ago, when any Congress,
went out OF existence without having passed
all the general appropriation bills necrssasy
to carry on the Government until the regular
period OF the meEting OF a new Congress-
The event imposed on the Executive grave
responsibility. 1t 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
instantly recalled them to complete their
work and this withou, expense to the Gov
ernment 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 Immediately, these
States would have been disfranchised. |
an intermediate period hid been selected,
several OF the States would have been com
PEELED to hold extra sessions of their Leg
;,Io ~
nience, to provide for elections at en- earlier
day than that previously fixed by law. In
the regular course, ten of those States
would not elect until after the beginning Au-
gust, and FIVE OF those ten not uDtil October
and November.
On the other hand, when came 10 exam
inc carefully the condition of the Post-office |
department, I did not meet as many or as
great difficulties as | had apprehended.-
Had the bill which fuiled been corfned to
appropriations for the fiscal year ending on
the 30h June next, there would have been
no reasons of pressing Importance for the
call of an extra session.
Nothing would become due on contracts,
Chose with railroad companies only except
ed), for carrying the mail tor the first quar-
ter Of the present fiscal year, commencing
on the lst of July, until the lss of Deem
ber-less than one week before the meeting
of the present Congress. The reason is
that the mail contractors for this current
year did not complete their first quarters
service until the 30h September lust and
by the terms OF their contracts sixty more
lsys are allowed Tor the settlement of their
accounts before the Department could be
called upon for payment.
The great difficulty and the great hard
ship consisted in the failure to provide for
tho navment of the deficiencv in tho S,o.lI