Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-01-06

not the present case fairly constitute an excel
tions An adjoining republic is in d state
anarchy and confusion from which she b,
proved wholly unable to extricate herself
She is entirely destitute of the power to mair
tain peace upon her borders, or to prevent th
incursions Of banditti into our territory. I
her fate and in her fortune-in her power I
establish and maintain settled governmer
I'VE have far deeper interest, socially, con
|mercially and politically than any other n,
ton. She 10 now . wreck upon the ocear
driven about as she is impelled by difereI
factions. As good neighbor, shall we nc
extend to her a helping hand to save her? ]
we do not, it would not be surprising shoul
some other nation undertake the task, an
thus force us to interfere at last, under circum
stances of increased difficulty, for the main
tenauce Of our established policy. Il
I5a j. .fFz ARIZONA.
| repeat the recommendation contained il
my. last annual message that authority may
given to the President to establish one o
| more temporary military posts across tn
Mexican line in Sonora and Chihuahua, wher
these may be necessary to project the live
and property Of American and lMe3icann citi
zens against the incursions and depreciation
of the Indians, as we'll as lawleas ro1ers OF
that remote region. The establishment O
one such post at u point called Arispe, in So
nora, in q country now almost depophlated by
the hostile inroads of the Indians from ou
side Of the line, would, it is believed, hav,
prevented much injury and cruelties during
the past season. A state Of lawlessness ano
violence prevails on that distant frontier. Life
and property are there wholly insecure. The
population of Arizona, now numbering more
than ten thousands souls, and practically des'
titute of government of laws, or of any regu.
lar administration of justice. Murder, rapine
and other crimes are committed with impun.
ity. I, therefore, again call the attention oi
Congress to the necessity for establishing q
territorial government over Arizona.
zs. NICARAGUA. y 4. .5es'
The treaty with Nicaragua Of the 10th Feb
ruary, 1857, to which referred in my last
annual message, failed to receive the ratifca-
tion of the government of tn ,epublic, for
reasons that need not enumerste. A. simi-
lar treaty has since been concluded between
the parties, bearing date on the 10th March,
1859, which has already been 70 fed by the
Nicaragua Congress. This will be immedi-
ately submitted to the Senate for their ratif-
cation. Its provisions cannot, think, fail
to be acceptable to the people Of both coun-
tries.
Our claims against the governments of Costa
Rica and Nicaragua remain unredrsssed
though they are pressed in an earnest manner
and not without hope Of success.
l deem it to be my duty once more earnestly
to recommend to Congress the passage of a
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 depredations.
l shall not repeat the arguments employed in
former messages in support of this measure.
Suffice it to say that the lives of many of
our people, and the security of vast amounts
of treasure passing and repassing over one or
more of these routes between the Atlantic and
Pacific, may be deeply involved in the action
Of Congress on this subject.
.. AUTHORITY ASKED.
l would also again recommend to Congress
that authority be given to the President to
employ the naval force to protect American
vessels, their crews and cargoes,
against violent and lawless seizure and contis-
cation in the ports of Mexico and the Spanish
American States when these countries may be
in disturbed and revolutionary condition.
The mere knowledge that such an authority
had been conferred, as have already stated,
would of itself in great degree, prevent the
evil. Neither would this require any addi-
tional appropriations for the naval service.
The chief objection urged against the grant
Of this authority is, that Congress, by confer
ring it, would violate the constitutions 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
a,,ll oe h2 -.
examination, however, will place this objection
at rest.
Congress possesses the sole and exclusive
power, under the constitution 'to declare
war" They alone can "raise and support
armies and "provide and maintain navy"
But after Congress shall have declared war,
and provided the force necessary to carry it
on, the President as Commander-in-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 Well-knOWn intention of the trainers
Of the constitution.
It will not be denied that the general spow-
Or to declare war; is without limitation, and
embraces within itself not only what writers
On the law of nations term 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 u hostile gun in any
case, except to repel the attacks of an enemy.
It will not be doubted that under this power
Congress could, if they thought proper, au-
,horize the President to employ the force at
MS command to seize vessel belonging to an
American citizen which had been illegally
and unjustly captured in foreign port and
restored to its owner. But can Congress only
~ ftor %bof foo Of fbo D,icohiaf hoe hoa
done? Have they no power to confer upon
Lhe President the authority in advance to fur
nish instant redress should such a case after
wards occur? Must they wait until after the
mischief has been done, and can they apply
the remedy only when it is too late? To con-
fer this authority to meet future cases under
circumstances strictly specified, is as clearly
within the war-declaring power as such an
authority conferred upon the President by act
of Congress after the deed had been done.-
In the progress Of q great nation many exig-
encies must arise imperatively requiring that
Congress should authorize the President to
act promptly on certain conditions which may
or may not afterwards arise Our history has
already presented number Of such cases. /
shall refer only to the latest.
Under the resolution of June 2, 1858, ssfor
the adjustment Of difficulties with the Repub-
Tic OF Paraguay" the President is authorized
to adopt such measures and use such force as
in his judgment may be necessary and advis-
able, in the eventiof the refusal of just sat-
isfaction by the Government of Paraguay"
"Just satisfaction for what? For the 'sat-
tack on the United States steamer Water
Witch" and stother 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 Tsjust satisfaction" In this
and other similar cases Congress have confer
red upon the President power in advance to
employ the army and navy upon the happen
ing 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 copstitutionally conferred,
upon the President in the case Of Paraguay.
why mayfit not be conferred for the purpose
of protecting the lives and property of Amer.
ican citizens in the event that they may be
violently and unlawfully attacked in passing