Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-01-06

of one such post at a point called Arispee, in
Sonora, in ii country now almost depopulated
by the hostile inroads of the Indians from
our side of the line, would, it is believed.
have prevented much injury and cruelties
during the past season. A state of lawless-
ness and violence prevails on that distant
frontier. Lille and property, are there wholly
insecure. The population of Arizona, now
numbering more than ten thousand souls
are practically destitute Of government. of
laws, or of any regular administration of
Justice Murder, raplne, and other crimes
are committed with impunity |, therefore.
again call the attention Of Congress to the
necessity for establishing a territorial govern
ment over Arizona
The treaty with Nicaragua of the 10th of
February, 1857, to which referred in nv
last, annual message, fail d to receive the
( ratification Of the government of that repub
lie, for reasons which need not enumerate.
4 similar treaty has since been concluded
| between the parties bearing date on the 10th
March. 1859. which has already been rati-
fed By the NcAraguan Congress. This will
be Immediately submitted to the Senate for
their ratification. Its provisions cannot, |
think, fail to be acceptable to the people of
both countries.
CuA Niilitto against IIc GONtIliltlJ> OF
Costa Rica and Nicaragua remain unredress-
ed, though they are pressed in an earnest
manner, and not without hope of success.
deem 1t to be my duty once more earnest
| ly to recommend to Congress the passage of
a | W authorizing the President to employ
| the naval force at his command for the pur-
! pose of protecting the lives and property of
American citizens passing in transit across
] Iiabtr
routes, against sudden and awless outbreaks
and depredatons. | shall not .5psIt the ar
! guments employed in former messages in
support of this measure. Suffice it to say
that the lives OF many of our people, and the
| security of vast amounts of treasure passing
| and repasslng over one or more of these
routes between the Atlantic and Pacific may
be deeply involved in the action of Congress
on this subject.
| would, also, again recommend to Con- |
gress that authority be given to the Presi-
dent to employ the naval force TO protect
American merchant vessels, their crews and
cargoes against violent and lawless seizure
and cOnfscatiOn in the ports of Mexico and |
the Spanish American States when these |
countries may be in a disturbed and revOlu- |
tiOnarv 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 appr1pri- |
alton for the naval service.
The chief objection urged against the grant |
OF this authority Is, that Congress, by con- |
terrlug it. would violate the constitution !
1t would be transfer Of the war-making. or, |
strictly speaking, the war-declaring power |
to the Executive. If this wer- well founded,
1T wouli, Of course be conclusive. \ very
brief examination, however. will Tlace 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 a navy
But after Congress shall have declared war.
and provided the force necessary 10 carry it
on, the President, as Commander-in-Chief
OF the army and & e4n q2Re tHg eSFmK fmB9v his
Is the plain la7guaEe, and history proves
that 1t the well known intention of the
trainers OF the Constitution
1t will not be denied that the general
- power to declare war Is without limita-
ton, and embraces within itself not onIv
what writer's on the law Of nations term a
public or perfect war, but also an imperfect
and, in short, every species OF hostility. how
ever 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, If they thought proper authorize
the President to employ the force at his COM
mand to seize a vessel belonging to an Amer
lean citizen witch had been illegally and
unIustly captured in a foreign port and re-
stored to its owner. But can Congress only
act after the fact-afte. the mischief has
been done Have they no power to confer
upon the President the authority in advance
to furnish instant regresS should such case
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 circumstances strictly specified, is as
clearly within the war-declaring power as
such an authority conferred upon the Presl-
dent by act of Congress after the deed had
been done. In the progress Of great ma
ton many exigencies must ar Sc imperatively
that Congress should authorize the
President to act promptly on the main con-
dItlonS which may or may not afterwards
arise. Our history has already presented a |
number ofsuch cases | shall refer only to
the latest.
Under the resolution of June ,, 1853, - for
the adjustment of difficulties with the Re-
public of Paraguay the President is g au-
thorized to adopt such measures and use such
force as in his judgment may be necessary
and advisable in the event of 4 refusal of Just
by the government of Paraguay"
% just satisfaction for what For the
attack on the United States steamer Water
Mitch - "A ..thnr 1
the annual message of the President" Here
the power is expressly granted upon the con-
ditiOn that the government of Paraguv shall
refuse to render this - Just satisfaction. -
In this and other similar cases Congress have
conferred upon the President power to ad |
vance to employ the army and navy upon
the happening of contingent future events 5
and this most certainly is EN- briced within I
the power to declare war. :
Now, if this conditional ana contingent +
power could be constItutlonaliy conferred /
i,no,, tho pros;da,f in the case of Paraguay, )
II :. - - -1,s be conferred for the purpose h
IS ,5..ay,;1e, 10y the lives and property of Amer
- oitilsns in the event that they NAV be
riaienty ,ts and unlawfully attacked in passing $
,yer the transit routes to and from CaIifor- t
Ms. or assaile1 by the seizure of their yes v
9ls in a foreign port To deny this power o
: to render the navy IN great degree use
ess for the protection of the lives and prop a
rty of American citizens in countries where d
leither protection nor redress can be other "
wise obtained. t
The Thirty-ffth Congress terminated on 4
he Sth of March, 1859, without having e
,assed the 'act making appropriations for 1
he service of the Post Office Department du- p
ing the fiscal year ending the 3Oth June. Il
,riation q to supply deficiencies in the rev. =
nue. of the Post Office Department for the s
ear ending the 30th of June, 1859" l be- "
ieve this the first instance since the forma- b
ion of the Federal government, now more
han seventy years ago, when any Congress n'
vent out of existence without having passed N
IL the general appropriation bills necessary n,
o carry on the government until the regular
,eriOd for the meeting of a new Congress