Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1860-01-06

WA. Ni'ttis OH tue law Oh nations term u
public OF perfect war, but also an imperfect
war-and. in short, e, species of hostlli-
ty, however confined pitrd Withou,
the authority of Cong he President can.
not 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, II they thought proper. authorize the
President to employ the force at his com.
nand to seize \ vessel belonging to an Amer
lean citizen, which had been Illegally and
unlustly captured in foreign port, and re-
stored to its owner. But can Congress. only
act after the faet-after the mischief has been
done? Have they no power to confer on the
President the authority, in advance, to fur
nish instant redress should such a case after
wards occur? Must they wait until the
mischief has been done, and can they apply
the remedy only when it is too late
10 confer this authority to meet future
cases. under circumstances strictly specified
Is rs clcary with the war-declaring power as
such an authority conferred upon the Pres.
dent by act OF Congress after the deed had
been d,nc. In the progress of a great ma
ton many eXIEencies must arise imperative
" requiring that Congress should authorize
the President to act promptly on certain con-
dltlons which may or may not afterwards
arise. Our history has already presented a
number OF such cases. shall refer only to
the latest.
Under the r, solution of June ., ISIS.
for the adjustment of difficulties with the
republic OF Paraguay" the President is .,au-
thorizcd to adopt such measures and use such
force as in his judgement may be necessary
.at1t adv LII. . =
satisfaction by the government of Para
quay. just satisfaction for what? For
the attack on the United States steamer
Water Witch, and "other matters referred
to in the annual message oil the President. 3"
Here the power is expressly granted upon
the condition that the government Of Para
quay shall retusa to render this i" just salts
faction In this and other similar eases
Congress have conferred upon the President
power in advance to employ the army and
navy upon the happening OF contingent fu-
turc events and this most certainly l. en-
bvaced within the power to declare VIZ.
Now, it this conditional and contingent
power could he eenstitutioHalIv 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 Amer
lean citizens IN the event that they may he
violently and unlawiu.ly attacked in passing
over the transit routes To an. from Calitor-
MIA, or assailed by the seizure Of their YES
sells in a foreign port To deny this power
Is To render the navy in great degree useless
tor the protection OF the lives and property OF
American citiAe in countries where neither
protection nor re tress can be otherwise OBJ
tanned
The Thirtyffth Congress terminated on the
81 Of March, 1859, without having passed
the - act making appropriation for tile ser
wee Of the Post bibtc Department during
the fiscal year ending the Spth Of June, 1850
This act also contained an appropriation "t5
supply Deficiencies IN the revenue Of the
Post oticc h p,rtmnnt for the var eudlng
tho 3oih II Jane. l>j9. | belieyet is is The
first instance since the formation Of the Fed
crIl government. now m3ra than seventy
years ago. when any Congress went out Of
eXistlncc without having passed all the sen-
cral apr rIa'Ip1 bulls necessary to carry
ON the government until the regular period
Tor the meeting OF new Congress. This
rVctt impls d on the executive u grave re-
>ppusiohI y. 1t pres nted i choice OF evils.
Had tins JmsSI5n Of duty occurred at the
first session u the last Congress, the IemeIY
would have been plain. | might then ha,e
instantly REGAL ed to complete their work and
this without expense 10 the government
But IN the 4th OF March last there were fl
teen o the thirty-th1ee States which had Mt
elected any representatives, to the present
Congress Had Congress b TN called t1stth
or immediately. These Str ties would hay. been
virtually DISTINGUISHED. If an intermediate