Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-01-06

president 10 employ tue naval 40ANS 10
protect American merchant vessels, their
crews and cargoes. against violent and
Iawless seizure and confiscation in the
ports Of Mexico and the Spanish Ameri-
can States when these countries may be
ia disturbed and revolutionary condition
The mere knowledge thar such al author
ity had been conferred, IS have already
stated, would of itself, in great degree,
prevent the evil. Neither would this re-
quire any additional appropriations for
the naval service.
The chief objection urged against the
grant of this authority Is. that Congress,
by comforting it, would violate the Con-
stitution-that il would be q transfer Of
the war-making, or strictly speaking the
war declaring power to the Executive
IF this were we'll founded, it would, Of
course, be conclusive. A very brief ez-
animation. however. will place this object
ion at rest.
/ Congress possesses the sole and eEelu-
sive 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
President, Commander-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 weTl-known
intention Of the trainers Of the Constitu-
ton.
Il will not be denied that the general
power to declare warts without lin
itation, and embraces within itself, not
only what writers on the law Of nations
term a public or perfect war. but also an
imperfect war-and, in short, every spe-
cies Of hostility, however confnedor lin
tied. Without the authority Of Con
gress, the President cannot fire hostile
gun IT any case, except to repel the at
facks of an enemy. It will not be doubt
ed that under this power Congress could,
if they thought proper, authorize the
President to employ the force at his CON-
mand to seize a vessel belonging to an
American citizen. which had been illegal
ly ard uniustly captured in a foreign port
aud restored to its owner. But can Con
gress only act after the fact-afer the
mischief has been done? Have they
no power to confer on the President the
authority. in advance, to furnish instant
E redress should such a case afterwards oc-
cur? 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 circumstances strictly speci-
fed, IS as clearly with the war-declarine
power as suchan authority conferred up
on the President by an act Of Congress:
after the deed had been done. In the
: progress of a great nation many exigen.
5 cies must arise imperatively requiring
that Congress should authorize the Pres
ident to act promptly on certain condi
tions which may or may not afterwaEd,
arise. Our history has already present
ed number Of such cases. shall re
e fer only to the latest.
/ Under the resolution of June 2. 1858
e for the adjustment of difficulties will
the republic Of Paraguay" the Presi
!. dent is authorized to adopt such meas
: ures and use such force as in his judg
= ment may be necessary and advisable II
/. the event of a refusal of Just satisfaction
!, by the government Of Paraguay" ''Jrs
q satisfaction" for what? For the at
r tack on the United States steamer Wate
= Witch" and other matters referred {,
# in the annual message Of the President
2 Here the power is expressly granted up
on the condition that the government o
h Paraguay shall refuse to render thi
n 8 just satisfaction" In this and othe
e similar cases Congress have conferre,
II upon the President power in advance t
It employ The army and navy upon the hap
n pening Of contingent future events; an
;, this most certainly Is embraced With
}. the power to declare war.
e Now, if this conditional and contingen
+ power could be constitutionally conferre
II upon the President in the case of Par
t, aguay, why may it not be conferred 70
, the purpose Of protecting the lives an
property of American citizens in ID
Of event that they may be violently an
= unlawfully attacked in passing over th
n transit routes to and from California. 9
Of assailed by the seizure of their vessel
in a foreign port? To deny this powe
re is to render the navy in a great degre