Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1860-01-07

peat the arguments employed in former
messages in support this measure. Suf
flee it to say that the lives of many of our
people, and the security Of vast amounts o!
treasure, passing and ,epassing over one OF
more Of these routes between the Atlantic
and Pacific, lie deeply involved in the
action Of Congress on this subject.
| would, also, again recommend to Con-
sress that authority be given to the Presi-
dent to employ the naval force to protect
American merchant vessels, their crows and
cargoes, against violent and lawless seizure
and contiscation in the ports of Mexico and
the Spanish American States, when those
countries may I've in disturbed and revol,-
tionary 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 appropria-
ton for the naval service.
! The chicfO1jetion urged against the grant
Of this authority is. that Congress, comforting
it, wond violate the Constitution-that it
would BE- a transfer Of the war-makins, or,
strictly speaking. the war-declaring power to
the Ex"c" :,:;e. n this were we'll founded, !.
would, ot course b. conclusive. A very brie
examination, however, will place this objec.
ton At rest. ~--t,.; : .gtt>.
Congress possesses the sole ard exclusive
power under the constitution, ito; declr
war;" They alone can "raiso and support
armies" and 'provide and maintains navy
But after Congress shall have declared war;
and provided the force necessary to carry ii
on, the President IS Co1nmanler-in-C 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 limta.
ton, and embraces within itself not only
what writer's ON the law Of nations term
public or perfect war, but also an impe:fec,
war-and, in short, every species of hostili
ty, however confined Or limited. Withou,
the authority Of Congress the President can.
not fire hostile gun in any case, except t.
repel the attacks of an enemy. 1t will no,
be doubted that under this power Congress
could, ii they though. proper, authorize the
President to employ the force at his com.
mand TO seize a vessel belonging to an Amer.
lean citizen: which had been illegally and
unjustly captured in foreign port and re.
stored to its owner.
But can Congress only act after the fact
after the mischief has bsen done? Have
they no power to confer upon the President
the authority in advance to furnish instant
redress should such ca afterwards &C.
cur? must they wait until the mischief has
been done, and Can they apply the remedy
only when it is too late? 10 confer this au
thority to meet future cases under circun
stances strictly specified, is as clearly with
in the war making power Of Congress as
such an authority conferred upon the Prcsi
den: by act Of Congress after the deed had
been done. IN the progress Of great ma
ton, many exigencies must arise, imperative
lively requiring that Congress should au
thoIize the President to act promptly on
certain conditions which may or may not
afterwards arise. Our history has already
presented number OF such cases. I shall
refer only to the latest.
! Under the resolution Of June 2, 1858,
"for the adjustment Of difficulties witt, the
Republic OF Paraguay" the President is au.
thorized ito adopt such measures and use
such force as may in his judgement be- nee.
cessary and advisable, in the event Of CT.
f,,sal ofjust satisfaction by the government,
Of Paraguay 'Just satisfaction for what
For the attack on the U. S. steamer Water
WITCH" and ''otler matters referred. to in
the ANIMAL message Of the President Here
the power is expressly granted upon the
condition that the government Of Paraguay
shall refuse to render this "just satisfaction
In this and other similar cases Congress has
conferred upon the President power in ad.
vance to employ the army and navy upon
the happening Of contingent future events
and this most certainly is embraced within
the power to declare war.
| Now, if this conditional and contingent
power could be cnnstitutional!yc conferred up.
on the President in case o! Paraguay, why
may it not bc conferred for the purpose o.
protecting the lives and property OF Amcri.
can citizens in The event that they may be
violently and unlawtully attacked in passing
over the transit routes to AID from Califor.
mia, or assaile'l by the seizure of their YES.
sells in a foreign port ?? TO deny this powe,
is to render the navy in great degree use
less for the protection Of the lives and
property Of American citizens in countries
where neither protection nor redress can be
otherwise obtained. '''+ T.. !
| The Thirty fifth Congress terminated on
the 81 Of March, 1859, without having passed
an "Act making appropriations for the ser.
vice Of the Post Office Department during
the fiscal year ending the 3Oth day of jun
1861" This Act also contained an appro
Ipria,ion "to supply the DEFICIENCIES in the
revenue Of the Post Office Department 70,
the year ending the Both Of June, 1859" ]
believe this is the first instance since the
formation of the Federal Government. now
more than seventy years ago, when any Con.
gress went out of existenc, without having
passed all the general appropriation bills nc
cessary ocarry on the government until the
regular period for the meeting of new Con.
gress. This event imposed on the Execu.
tive grave responsibility. It presented a
choice :of evils.
Had this omission occurred at the first
session Of tn, last Congress, the remedy
would have been plain. might then have
instantly recalled them to complete thei,
~ork-aud this without expense to the gov.
crEmcnt. But on the 9TH of March las,
there were fifteen Of the thirty three State;
which had net elected any Representatives t.
the present Congress. Had Congress been
called together Immediately, these States
would have been virtually DISTINGUISHED. l
an intermediate period had been selected
several Of the Stacts would have been com