The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1860-01-06

are committed with lmpualty. 1, lnere-
fore, again call the attention OF Congress
to the necessity of establishing territorial
government over Arizona.
The treaty of Nicaragua of the 10th of
February, 1857, 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 emu
merate. A similar treaty has been since
concluded between the parties bearing date
on the 10th of March, 1859 which has
already been ratified by the Nicaraguan
Congress. This will be Immediately suo-
mitted to the Senate for their ratification
Its provisions cannot, | think, fail to be
acceptable to the people of both countries.
Our claims against the Governments If
Costa Rica and Nicaragua remain unre-
dressed, though they are pressed in an ear
nest manner, and not without hope of sue
! cess.
I deem it to be my duty once more
earnestly to recommend to Congress, the
passage 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
Tehuantepee routes, against sudden and
lawless outbreaks and depredations.
shall not repeat the arguments used in
former messages in support Of this meas
ure. Suffice it to say, that the lives of
many of our people, and the security of
vast amounts of treasure passing and re
passing over one or more of these routes
between the Atlantic and Pacific, may be
deeply involved in the action of Congress
on this subject.
would, also, again recommend to Con
gress that authority be given to the Pres
ident 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 these countries may be in disturb
ed revolution sry condition. The mere
knowledge that such an authority hat
been conferred, as | have already stated
would, of ITSELF IN great degree, prevent
the evil Neither would this require any
additional appropriation for the naval ser
vice.
The chief objection urged against Tx
grant Of tits authority is, that Congress
by comforting it, would violate the Con
, stituton-that It would be transfer q
the war-making or, strictly speaking, IT,.
war-declaring power of the Executive. !
5 this were well founded, it would, of course
be conclusive. A very brief examination
however, will place this objection at rest
, Congress possess the sole aud excu
5 sive power, under the Constitution, 8 t.
declare war" They alone can raise an,
support armies" and "pro,ide and main
tain navy" But after Congress shal
have declared war, AMI provided the fore
5 necessary to carry it on, the President, .
E Commander in Chief Of the army and nav
can alone employ this force in making
: war against the enemy. This is the plai
: language, and history proves that it wa
tie well known intention Of The trainers {
the Constitution.
1t will not be denied that tie genera
"power to declare war" is without limi
. tation, and embraces within itself not on
5 what writers on the law Of nations teri
: public or perfect war, but also an imper
feet war-and, in short, every species {
s hostility, however confined or limited
Without the authority OF Congress tn
, President cannot fire q hostile gun in an
r case, except to repei the attacks Of an EN-
| envy. 1t will not be doubted that unde
S this power Congress could, if they though
proper, authorize the President TO enpo
s the force at his command to seize a vesSt
. / holp 1
| had been illegally and unjustly capture
in foreign port, and restore it to its own
er. But can Congress only act after th
fact-after the mischief has been done
: Lave they no power 10 confer upon tn,
President the authority in advance TO fur
nish instant redress should such case az
forwards occur?
Must they wait until the mischief la
been done, and can they apply the remed,
, onl Y when it is too late 10 confer th
authority to meet future cases under cir
} cumstances strictly specified, is as clearly
within the war declaring power as such al
| authority conferred upon the President by
, act of Congress after the deed has beer
done. In the progress Of great nation
many accidents must arise imperativeI
requiring that Congress should authorize
the President to act promptly on certain
conditions which may or may not after
wards arise. Our history has already pre-
sented number of such cases. | shall
refer only to the latest.
Under the resolution Of June 2, 1858
for the adjustment of difficulty with the
Republic of Paraguay" the President i:
& authorized to adopt such measures and
use such force as in his judgment may be
necessary and advisable in the event Of d
refusal of just satisfaction by the govern
ment Of Paraguay" "Just satisfaction
for what? For the at ack on the United
States steamer Water Witch,' and ''other
matters referred to in the annual message
of the President" Here the power is ex-
pressly granted upon the condition that
the government of Paraguay shall refnse
to render this "just satisfaction" In
this and other similar cases Congress has
conferred upon the Presi lent power in
advance to employ the army and navy upon
the happening of contingent future events: