Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1860-01-05

and violence prevails on that distant from
tier. Lifo and property are there wholly
insecure. The population Of Arizona,
now numbering more than ten thousand
souls. are practically destitute of govern
ment. of laws. or of any regular admins
tration of justice. Murder. rapno. and
other crimes are committed with impunity
/. therefore. again call the attention oil
Congress to the necessity for e tablishing
territorial government over Arizona.
CENTRAL AMERICA.
The treaty with Nicaragua on the 10th
February. 1859. to which | referred in my
last annual message. failed TO receive the
ratification of the government of that re-
public. for reasons which need not enum
crate. A similar treaty has since been
concluded between the parties bearing date
on the 18th March. 1856, which has alrea-
dy been ratified by the Nicaraguan Con.
gress. This will be Immediately submit
teal to the Senate fortheir ratification It's
provisions cannot. | think, fail 10 be ac-
ceptable to the people of both countries
Our claims against the governments Of
Costa Rica and Nicaragua remain unre-
dressed, though they are pressed in an ear
nest manner, and not without hope of sue
cess.
! deem it to be my duty once more ear
nestly to Recommend to Congress the pas
sage of law authorizing the President to
employ the naval force at his command
for the purpose of protecting the lives and
property of American citizens passing in
transit across the Panama, Nicaragua and
'Tehuantepec routes. against sudden and
lawless outbreaks and deprcdations. shall
not repeat the arguments employed IN for
mer messages in support of this measure
Suffice it to say shat the lives of many Of
our people, and the security of vast
amount of treasure, passing and repass-
ing over one or more of these rontes be-
tween the Atlantic and Pacific, may be
deeply involved in the action Of Congress
On this subject.
SPANISH AMERICAN STATES
would. also. again recommend to Con-
grcss that authority be given to the Pres
i.lent to employ the naval force to protect
American merchant vessels, their crews
and cargoes, against violent and lawless
seizure and confiscation in the ports Of
Mexico and the Spanish American States.
when those countries may lie in a disturb
ed and revolutionary condition. The
mere knowledge that such an authority had
been conferred. as / have already stated.
would of itself. in degree. prevent the
evil Neither would this require any adj
ditional appropriation for the naval SER
vice.
The chief objection urged against the
grant Of this authority is, that Congress.
by comforting it, would violate the Consti-
tution-that it would be a transfer of the
war making. or. strictly speaking, the war
declaring power to the Executive. If this
were well founded, it would. of course. be
conclusive. a very brief examination,
however. will pace this object at rest.
POWER ASKED To DECLARE WAR By THE PRES
IDENT.
! Congress possesses the sole and exclu-
sivc power under the constitution. "to de-
clare war" They alone can .'raise and
support armies" anil provide and main
tain a navy" But after Congress shall!
have declared war. and provided the force
necessary to carry it on. the President as
4 ",
can alone employ this force in making war
against the enemy. This is the plain Ian
guage. and history proves that it was the
wcll-known intention Of tie trainers Of the
Constitution.
1t will not be denied that the general
power to declare war" is without lin
itation. and embraces within itself not only
what writers on the law of nations term a
public or perfect war, but also imperfect
war-and. in short, every species of hos
tility, however confined or limited. With
ont the authority Of Congress the Prcsi-
dent cannot fire hostile gun in any case,
except to rcpcl the attacks Of an enemy
1t will not be doubted that under this pow
or Congress could. if they thought proper.
authorize the President to employ the force
at his command to seize vessel belong
ing to an American citizen which had
been illegally and unjustly captured in a
foreign port and resorted to its owner.
But can Congress act after the fact
after the mischief has been done? Have
they no power to confer upon the Pres
ident the authority in advance to furnish
instant redress should such case after
wards occur? Must they wait until the
mischief has been done, and can they APP
ply the remedy only when il is too la,e?-
To confer this authority to meet future
cases under circumstances strictly speci-
fed, is as clearly within the war-declaring
power as such an authority conferred upon
the President by act of Congress after the
deed hal been done. In the progress of a
great nation. many exigencies must arise
imperatively requiring that Congress shoe
authorizs the President to act promptly
on certain conditions which may arise
Our history has already presented mum.
Der of snch cases. shall refer only tc
the latest.
Under the resolution Of June 2. 1858
'.for the adjustment of difficulties with tn,
republic of Paraguay" the President il
authorized to adopt such measures and ust
: such force as in his judgement may be nee
, essary and advisable in the event of re
fusal OF just satisfaction by the government
Of Paraguay" 'Just satisfaction" FOL
what? For the attack on the United States
steamer Water Witch" and "other mat
tiers referred to in the annual message o
' the President. Here the power is express
= ly granted npon the condition that TIL