, 1860-02-03

This the plain ~ uuu ul-t pfuNNn NuAA
was the known intention Of The trainers Of the COnst
tuton h will not be denied that general power 20
declare war Is WithOut limitation and embraces with
10 itself not only what writer's the law Of nation.
term public OF private war but also an imPerlec'
war: in short every species Of hostility, however con
dned or limited. Without the authority Of Congress
the President cannot fire hostile gun in auy case
except to repel the attack Of enemy. II will not
be doubted that under this power, Congress could. II
they thought proper authorize the President TO EN-
ploy the force at his command to seize vessel be
longing 10 an American citizen, which had been lille
gdly and unjusly captured IN foreign port, and re
stous 1t to ts owner Bot can Congress only act t'T
the fact long after the mischief has been done =
Have they power to confer upon the President ths
authority in advance, to furnish instant redress
should such case afterwards Occurl Must they wait
until the mischief has been done Can they apply
the remedy only when it is too late
ruE PRssrDESr THINKS CONGRESS CAN E1RowER HIN
TO MAKE WAR.
To confer this authority 10 meet future cases under
circumstance strictly specified, Is a. clearly within
the WardscaraiiOn power as sneh an authority con
fered upon the President by act Of Congress after the
deed has been done. In the progress Of . great ma
tion, many exigencies must arise, inPeralvely re,
quing that Congress should authorize the President
to act promptly on certain conditions, which may OF
may not Afterwards arise. D. ,-s. a L.. .....
Our history has already presented number ofsuch
cases. shall refer only to the latest under the reso
luton Of June I'd, 1855 for tbs adjustment OF diilcu
ties with the Republic Of Paraguay The President is
athorzed to ad5pt such measures and use such force
as In bis Judgment may be necessity aud advisable In
The event Of refusal Of just satsaeton BY tbe govern
attack upon the United States steamer WdfeT Witch,
and other matters referred to n the annual message
OF the President Here the power Is expressly grant
ed, upon the condition that the government OF Para
quay shall refuss IN render this just satisfaction In
This and other similar cases Congress have eonfsred
npon the President power in advance to employ the
army and navy upoh the happening 81 contingent fo-
ture esesAsY sald ihia most esrtalnly Is embrReed
within the power to declare war Now, 4 this coRdi-
tona contingent power could be consttutionaly con
faured upon the President in the case Of Paraguay
why may 1t not be conferred for purposes Of protect
ing the lives and property Of American czsns IN The
event that they may be violently and uDlaWfully a.
tackled, in passing over the Transit rOutes TO and from
California or assaed by the seizure Of their vessels
IN a foreign port To deny this power Is TO render
the navy 10 great degree, useless for the protection
OF American citizens, In countries where protection
nor redress can be otherwise obtained.
rnE FAILURE OF ooxdREss TO PASS APPROPRIATION
l a-Ib-H' BILLS.
The S5th Congress terminated on the ID ef March,
1859, without having passed the act making appro-
prations for the service OF the Post Office Depart
inent during the fiscal year ending June 30th, 1s60.
This act Sls0 contained an appropriation 10 supply de-
lcencies In the Post Office Department for the year
ending 30th Of June 1859. believe this is the drst
instance since the origin Of the Federal Government
now than 10 years ago, when any Congress went
out Of existence without having passed the general
bills necessary TO carry on the Govern
ment until the regular period for the meeting Of anew
Congress. This event imposed on the Executive a
grave responsibility It presented 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 instantly recalled thOm 10
complete their duty aud this without expense 10 the
Govornmtni But on the 4th Of March last there were
aeen Of the thirtyhrce States which had not elected
any Representatives 70 the present Congress. Had
Congress been called together Immediately, these
States would have been virtually dsifanc nchished. II
an intermediate period had been selected, several Of
the States would have been compelled to hold ex
session Of their Legislature at great Inconvenience
and expense to provide for elections At IN earlier day
than that previously hxed BY laU. In the regular
course ten 0f these States would not elect till after the
Of August, and Eve Of these ten not till
October AMI November. On tue other hand, when |
OHice Department, l did not meet 80 mauy or great
dinicaltes A. had apprehended Had the bill which
Called been confined 70 appropriations for the fiscal
no reason VI pressing importance for the call Of
extra session. Nothing would become due on con
tracts those with railroad companies only excepted
-Ior carrying the mail for the first quarter Of tht
Dresent fiscal year commencing the hrstof July, unit
die first Of December-ess than one week before the
meeting OF the present Congress- The reason Is that
mail contractors for this the current year, did not
complete their hrst quarters service untl the 4th Of
September; and by the terms Of their contracts, sixty
ays more are allowed fer the settlement Of their ac
counts before the Department cOud Be called upon OI
psy met The great dfiepty and the great harlshipi
consisted IN the failure 70 provide for the payment o
The dedciency In the eal year ending 30th June 1859
The Department had entered Into opntraets In obed
ence the existing laws for the services Of that fiscal
year and tho contractors we're fairly entitled TO THEN
compensation as u became due, The deficiency, ~
stated in the BILL amounted 70 20 S3S T2S; bat after
careful settlement Of all these acconnts Il has been
azcertained that It amounted to $4.s96O09. With the
s,anty means at his command, the Postmaster Gener
Al has managed 10 pay that portion OF The deficiency
which occurred In the first two quarters Of the past
hseal year ending the 3lst December last. In the
meantime the contractors themselves, under these try
ing circumstances, have behaved Ia manner worthy
Of all commeudation. They had one resource in the
midst Of their embarrassment After the amount due
to each Of them had been ascsrtained and finally set
tied according 70 law this became specific debt 0l
record against the United States, which enabled them
10 borrow money. On this Questionable security, still
they obliged to pay ntefest; and In consequence
Of the default Of Congress, and on every principle Of
justice they ought to receive interest from the Gov
eminent. This Interest should commence from the
date when a warrant wonld have issued for the pay
mcnt Of tho principal had an appropriation been made
for the purpose. Calculated up TO lst December II
will not exceed $o6,660--a sum not 70 be taken into
a count when contTasted with the difficulties and EN-
barrassments Of public and private character, both
to The people and the States which would have result
ed from cOnvening and hSldinE a special session ol
Congress. For these reasons, recommend the pas
sage Of bill at an early day as may be practicable
to provide for The payment Of the amount with inter
est DUE to those mentioned contractors, well as T.
make the necessary appropriation for the service o.
the Post Once Department for the current fiscal year
IMPoRTAsT REFLECTIONS on THE sVBEcT.
The failure to pass the Post once Bill necessarily
gives birth to serious reflections Congress by refus
ing to pass the general appropriation bills necessary
10 carry on the Government may not only arrest IT
action, but might even destroy its existence. Tb'
Army, the Navy, the yudiciary-in short, every de
partment Of the Government can no longer perform
their fittions f Congress refuses the money neces
sary for their support. II this failure should teach th'
country the necessity OF eecting nll Congress il
sufficient time to enable the President to convenI
them in any emergency. even Immediately amer tht
old Congress has expired, It will have been productive
OF great good in time OF sudden and alarming dSsgT
foreign or domestic, which all nations must expect y
encounter in their progress. The very salvation o
our institutions may be staked upon the assembling 0
Congress without delay. II under such circumstan
ces The President should End himself in the condition
in which he was placed at the close Of the last Con
gress with nearly half the States Of the Union dest
tate Of Representatives, the consequences might b,
disastrous. | therefore recommend 70 Congress 4
carry into effect the provision Of the Constitution Of
this subject tn pass law appointing some day pre-
vousO the Ath Of March in each year Of odd number
for the election of representatives throughout all th
States They have already appointed day Tor III
election Of electors for President and Vice President
and this measure has been approved by the country