The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-01-12

pSpulatsd By the hostile inroads Of the
Indians from our side Of tho lius, would,
4 y believed, have prevented much inju-
\ and cruelty during the past season.
4 state IL lawlessnsss and recklessness
on that distant frontier. Life
and property are there wholly insecure.
The population Of Arazonia now num-
bsriug more than ten thousand souls, are
destitute Of government, OF
laws, or Of any regular administration OF
Justice. Murder, rspine, and other
crimes, are committed with IMMUNITY. l
therefore again call the attention OF Con-
gress to the necessity for establishing q
territorial government over Arizona.
ii H CENTRAL AMERICA.
The treaty with Nicaragua Of the 10th
February, 1859, to which | referred in
my last annual message, failed to receive
the ratification Of the government OF
that republic, for reasons that need not
enumcrate. A similar treaty has since
been concluded between the parties,
bearing date on the 10th March, 1859,
which has already been ratified BY the
Nicaraguaian Congress. This will be inn
mediately submitted to the Senate for
their ratification. Its provisions cannot,
1 think, fail to be acceptable to the peo-
pie Of both countries. ~.
Our claims against the governments OF
Costa Rica aud Nicaragua remain unrc-
dressed, though they are pressed in an
earnest manner, and not without hope OF
success. s.. e..
l deem it my duty once more earnest.
~ 10 recommend to Congress to pass a
law authorizing the president to employ
the naval force at his command for the
purpose Of protecting the lives and pro-
pcrty of American citizens passing IN
transit across the Panama. Nicaragua
and Tehuantepec routes, against sudden
and lawlcss outbreaks and dcprcdations,
| shall not repeat the arguments employ.
ed in former messages in support OF this
measure. Suffice it to say that the lives
of many Of our people, aud 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.
SPANISH AMERICAN STATES.
would, also, recommend to Congress
that authority be given to the president
to employ the naval force to protect
American merchant vessels, their crews
aud their cargoes, against violent aud
lawless seizure and coniisca,ion in the
ports Of Mexico and the Spanish Ameri.
can States, when those countries may be
in a disturbed aud revolutionary condi.
ton. The mere knowled gs 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 additional appropriation
for tho naval service.
The chief objection urged against the
grant of this authority is. that Congress,
BY comforting it, would violate the Con.
stitution-that it would be a transfer of
the war-making, or, strictly speaking,
the war-declarins power to the executive.
II this wer, we'll founded, Of course,
i, would be conclusive. Avery brief ex.
animation of the subject, however, will
place the objection Mt rest.
POWER .sksn FQIpEcLARE WAR ny rur
Congress possess the sole and exclusive
power under the constitution, "to de.
clare war; They alone can "raise and
supper. armies, and "provide aud main
tain navy But after Congress shall
have declared, and provided the force
necessary to carry it on, the president, as
chief Of the army and ia
~ can alone employ this force in making
war against the enemy. This is the plain
and history proves that i. wa.
The well.known intention Of the trainers
Of the constitution.
1t will not be denied that the genera
'spower to declare war; is without limit
alton, and embraces within itself not onl
what writers on the law of nations tern
a rublc or perfect war, but also an i'm
perfect war-and, in short, every specie
of hostility, however confined or limited
Without the authority of Congress tn
president cannot fire hostile gun in an
case, except to repcl the attacks of a
enemy. 1t will hot be doubted that IN
der this power Congress could, if the
thought proper, authorize the presideu
to employ the force a. his command I
seize a vessel belonging to an America
citizen which had been illegally and u.
Justly captured in foreign port and r,
stored to lis owner.
But can Congress only act after tn
fact-after the mischief has been done
Have they no power to confer upon til
president the authority in advance t
furnish instant redress should such
case afterwards occur! Must they wal
until the IN: chief has been done, an
can they apply the remedy only when
is too late ? re confer this authority I
meet future cases under circumstance
strictly specified, is as clearly within tn
war declaring power as such an authori
ty conferred upon the pres dent BY &C
of Congress after the deed had bee,
done. In the progress of great natior
many exisences must arise imperative!,
requiring that Congress should author
lie the president to act promptly on Ger
tain conditions which may or may no,
afterwards arise. Our history has arca
dy presents. d a number of such cases.
shall refer to the latest:
Under the resolution of June .. 1858,
"for the adjustment of difficulties with
the republic Of Paraguay, the president
is authorized to adopt such measures
and use such force as in hi. Judgment
may be necessary and advisable in the
event Of refusal Of just satisfaction by