The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-01-06
THE JEFFERSONIAN DEMOCRAT.

American citizen which had bcou illegally
and uuInstly cartured in foreign port, and
restore it to its owner. But can Congress
only act after the fact--alter the mischief
has been donu Have they no powor to
confer upon tho President the authority IN
advance to furnish instant redress, should
such O case altorwnld occur! Must thov
wait until tho mischief has been done, and
can thoy apply tho remedy only when 1t is
too late: To confer this authority to moet
future cases under circumstances strictly
specified is as clearly within tho war
declaring power as such an authority con-
forrc6 upon tho President by act Of Con-
gress aftor the deed had boon done. In tho
progress of a great nation mnny accidents
must arise impera tivciy requiring that Con-
gross should authorize tho President TO act
promptly on certain conditions which may
or may not afterwards arise. Our history
has already presented a number OF such
cases. | shall refer only to the latest.
Under tho resolution of Juno I'd, 1858,
"for tho adjustment of difficulties with tho
Rcpullic of Paraguay" tho President is "au-
thorizod to adopt such measures and use
such force cs in hil judgment may bo necos
sary and advisable in tho event of refusal
OF Just satisfaction by tho Government of
Paraguay" "Just satisfaction for what?-
For "tho attack on tho T. S. steamer Water
Witch, and "othor matters referred to in
tho annual message of tho President.
Hero the power is expressly granted upon
tho condition that the Government of Par
aguay shall refuse to render this Just salts.
faction" In this and other similar casos
Congress has conferred upon tho President
power in advance to employ tho army and
navy upon tho happening of contingent
future ov,nts and this most certainly is
embraced within tho power tc docIaro war.
Now, if this conditional and contingent
power could be constitutionally conferred
upon the President in tho case o: Paraguay,
why may it not DO conferred for tho pur-
pose of protecting tho lives and property OF
American ctizcns in tho event that thov
may DO Violently and unlawGully attacked
in passing over tho transit routes to and
froui Gifornia, or assaIed by the seizure OF
their vessels in foreign port To deny
this power is to rcndor tho navy in n great
dogroo useless for tho protection OF the
lives and property of American citizens in
countries where neither protection nor re.
dress can be otherwise obtained.
POST OFFICE DEPARTMENT..
Tho Thirty Fifth Congress terminated on
tho s., OF March, 1859, without having
passed the "act making appropriations for
tho service of the Post Office Department,
during tho fiscal year ending tho 30th June,
1860" This act also contained appvopria.
ton "to supply duiiconccs in tho revenue
of tho Post Ol!ice Department for tho year
ending the Both of juno 1859" believe
this is tho first instance since tho origin OF
the Federal G0yornIaont, Eow moro than
snycury ynars ago, whom any Congress went
OUT Of existence without having passed all
| tho goncgal appropriation bills necessary to
carry on the Government until tho regular
| period Tor the meeting Of now Congress -
| This event imposed on tho Executive .
grave responsibility. 1t presented choice
of evils.
Had this omission of duty occurred at tue
! first session uf tho last Congress tho remedy
would have bcon plain. | might then have
! Instantly recalled them to complete their
work and this without expense to tho Gov
erument But on tho 4th of March las,
thoto woro iftern of the thirty -throo States
which had not elected any representatives
to tho present Congress. Had Congress-
been called together Immediately, these
States would have been disfranchised Ii
an inte mediate period had been selected
several of tho States would have boon com
pelled to hold extra sessions Of their Logis
laturos, Mt groat expense and Inconvenience
to provide for elections at an oarllor da,
J than that previously fxed by law. lu the
! regular course, ton of these States would
not oect until after tho beginning Of August
aud five Of thCso ten not until October and
! November.
On tho othor hand, whom l came to ex.
amino carefully tho condition of tho Post
office department, | did not meet as man,
or as great difficultios as had apprchondcd
Had the bill which failed been confined tc
appropriations for the fiscal year ending OF
the 30th June next, there would havo bcor
no rcnsons of pressing importance for the
call of M cxtre session.
Nothing would become duo on contracts
! Chose with railroad companies only except
cd,) for carrying tho mail for the first quar-
ter of the present fiscal year, commencing
on tho l3t of July, until tho lst of Docom
Ler-less than one week before the meeting
of the present Congress. Tho reason is thai
tho mail contractors for this current year
did not complete their first quarters sorviot
until tho Soth of September last and By
tho terms of their contracts sixty moro days
arc allowed for the settlement of theil
accounts before tho Department could bt
called upon for payment.
Tho great difficulty and tho great hard
ship consisted in tho failure to provide fol
the deficiency in the fiscal year ending the
3Oth June 1859. Tho Department had on
torcd into contracts, in obedience to existing
laws, for the service OF that fiscal year, and
tho contractors wore fairly entitled to thoil
compensation as il became due. The do
fciency as stated in tho bill amounted tC
S3, ,S3S, 1928, but after q careful settlement o
all these accounts, It has boon ascortaineC
;, that it amounts to "a 100000. With tn,
scauty means at his command the Post
master General has managed to pay tha
portiun of this deficiency which occurred il
tho first Two quarters of tho past fiscal year
ending 3lst December last. In tho mean
timo the contractors themselves, under thcs
trying circumstances, have behaved in
, manner worthy of all conimondaton. Tho
had one recourse in tho midst Of their en-
barrassncnts. After tho amount due I
= each of them had boon ascertaIned an
finally settled according to law, this becanl
: a specific debt of record against tho Unite
d States, which enabled them to borro'
r money on this unQuestlonablo security
= Still they were obliged to pay interest i
consequence of Congress, and on ever
q principle of justice ought to receive intere'
y from the Government This interest shOul
u commence from tho date when warral
: would have been issued for tho payment
: tho PRINCIPAL had an appropriation bee