The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1860-01-05

we'll founded, it would, of course, be conclu
sive. A very brief examination, however,
will place this objection at rest.
POWER ASKED TO DECLARE WAR BY THE PRES
TDENT.
Congress possess the sole and exclusive
power under the constitution, "to declar,
war;" They alone can "raise and. supper
armies" and provide aud maintain q navy
But after Congress shall have decla war
and provided the force necessary to carry il
on, the President as Cemmander-in- Chie
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 limita-
ton, and embraces within itself not only
what writer's on the law Of ma tons term a
public or perfect war, but also an imperfect
| war-and, in short, every species Of hostility
however confined or limited. Without the
authority of Congress the President cannot
fire hostile gun in any case, except to repel
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 vessel belonging to an Amer
Ican citizen which had been illegally and
unjustly captured in a foreign port and re-
store it to its owner. r.
But can Congress only act after the fact
after the mischief has been done? Hsve
they no power to confer upon the President
the authority in advance to- furnish instant
redress should such a case after ards 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 author
ity to meet future cases under circumstances
strictly specified, is as clearly within the
war-declaling power as such ar: authority
conferred upon the President by act Of Con-
gress after the deed had been done In the
progress of a great nation, many exigencies
must arise imperatively requiring that Con-
gress should authorize the President to act
promptly ON certain conditions which may
or may not Afterwards arise. Oar history
has already presented a number of such
cases. Eshall refer only to the latest.
Under the resolution of June =, 1858, "for
the adjustment of difficulties with the repub-
lie of Parsgua" the President is authorized
to adopt such measures and use such fore
as in his Judgment may be necessary and
satisfaction by the government of Paraguay.
Just satisfaction" for what. For "the
attack on the United States steamer Water
Witch" and other matters referred to in
the annual message of the President. Here
the power is expressly granted upon the
condition that the government Of Paraguay
shall refuse TO render this Gust 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 enbraced within
the power to declare war.
Now, if this conditional and contingent
power could be constitutioually conferred
upon the President in the case of Paraguay,
why may it not be conferred for the purpose
of protecting the lives and property of Ameri-
can citizens in the event that they may be
violently and unlawfully attacked in pass
ing over the transit routes to and from Cali
forna, or assaulted by the seizure OF their
vessels in foreign port To deny this
power is to render the navy in great de-
gree useless for the protection of the lives
and property Of American citizens in coun
tries where neither protection nor redress
can be otherwise obtained.
POST OFFICE DEPARTMENT.
The Thirty-ffth Congress terminated on
the Sd of March, 1859 without having pass
ed the "Act making appropriations for the
ccrrioo oftho Poet Office Department during
the fiscal year enfing the Both of June, 1861
This act also contained an appropriation 'to
supply deficiencies in the revenue OF the
Post Office Department for the year ending
the Both of June, 1889" | believe this is
the first instance since the formation of the
al Enyarnmpnt SEVENTY
years ago, when any Congress went out of
existence without having passed all the gen.
eral appropriation bilfs necessary to carry
on the government until the regular period
for the meeting of new Congress. This
s SSsn!iSmRt aesea It presented choice Of evils.
Had this omission occtmred mt the first
session of the last Congress, the remedy
would have been plain. insight then have
instantly recalled them to complete their
work-and this without expense to the gov
eminent. But on the 4th of March last
there were fifteen of the thirty-three States
which had not elected any representatives to
the present Congress Had Congress been
called together immediately, these States
would have been virtually dSfranchised. If
an intermediate period hal been selected,
several of the States would have been com,
PEELED to hold extra sessions of their Legis-
latures. at great inconvenience and expense,
to provide for elections at an earlier day than
that previously fixed by law. In the regu-
lar course, ten of these States would not
elect until after the beginning of August,
and five of these ten not until October and
November. ------
On the other hand, wreri came to exam
inc carefully the condition of the Post Office
Department. did not meet as many o. as
great difficulties as had apprehended. Had
the bill which failed been confined to appro-
priations for the fiscal year ending on the
both of June next, there would have been
no reason of pressing Importance for the call
of an extra session. Nothing would become
due on contracts Chose with railroad compa-
MES only exceptedD for carrying the mail for
the first quarter of the present fiscal year,
commencing on the LIST of July, until the LIST
of December-less than one week before the
meeting of the present Congress. The rea-
son is that the mail contractors for this, the
current year. did not complete their first
quarters service until the 30th of September
last /; and by the terms of their contracts
sixty days more are allowed for the settle
ment of their accounts before the Depart
ment could he called upon for payment
The great difficulty and the great hardship
consisted in the failure to provide for the
payment of the deficiency in the fiscal year
eudinu the 3Oth June 1883 The DEPART