The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1860-01-07
NGTON. IOWA. SATURDAY. JANUARY 7sls6o

and confusion, from which she has proved wholly
unable to extricate herself She il entirely des-
titate Of the power TO maintain peace upon ler
borders, or to prevent the incursions Of bantitti
into onr territory In her fate and in her for
tune-in her power to establish and maintain
settled government-we have a far deeper inter
est socially, commercially and. politically than
any other nation. She il now n wreck upon the
ocean, driven about ~ she il impelled by disiar-
ent factions. As good neighbor. shall We not
extend to her helping hand to save her! live
do not, 1t would not be surprising should somo
other nation undertake the task, and thus force
to interfere at last, under circumstances of in-
creased dificulty, for the maintenance Of our es-
tablished policy.
repeat the Recommendation contained in my
last annual message that authority may be given
to the president to establish one or more tempo
rary military posts across the Mexican line in
Sonora and chihuahua, where these may be
necessary to protect the lives and property of
American and Mexican citizens against the incur
sions and depredations of the Indians, as well as
lawless lovers on the remote region. The estab-
lishment Of one post at point called Arispe,
in SonJra, in a country now almost depopulated
by the hostile inroads Of the Indians from our
side Of the line, would, il il believed have pre-
vented much injury and cruelties during the past
season. A statc Of lawlessness and violence pre-
walls on that distant frontier. Lille and property
are there wholly insecure. The population OF
Arizona, now numbering more than ten thousand
souls, and practically destitute Of government, Of
laws, or of any regular administration Of justice.
Murder, rapine, and other crimes are committed
with impunisy. therefore again call the atten-
tion OF Congress to the necessity Of establishing
a territorial govercment over Arizona.
NICARAGUA.
The treaty with Nicaragua of the 10th of Feb
ruary, 1857, to which referred in my last annu-
al mess ge, failed to receive the ratification OF
the government Of that republic, for reasons
which | need not mention. A similar treaty has
been since concluded between the parties, bear
ing date on the 10th March, 1859, which has
already been ratified by the Nicaragua Congress.
This will be immediately submitted to Congress
for their ratification. Its provisions cannot,
think, fail to b acceptable to the people Of both
countries
Our claims against the governments Of Costa
Rica, and Nicaragua remain unredressed though
they are pressed in an earnest manner, and not
without hope Of success
deem it my duty once more earnestly to rec
ommend to Congress the passage Of law au-
thorizing the President to employ the naval force
the lives and property Of American citizens passs-
ing in transit across the Panama, Nicaragua and
Tehuantepec routes, gtinst sudden and lawless
outbreaks and depredations. | 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 ofvast amounts of treas
ure passing and repassing over one or more of
these rouis between the Atlantic anl Pacific,
may be deeply involved in the action of Congress
on this subject.
AUTHORITY ASKED.
would also again recommend to Congress that authority
be given the President employ the naval force TO pro-
tect American merchant vessels their and cargoes,
against violent and lawess seizure and conscaon in the
ports Of Mexico and the Spanish American States when
these countries may he in disturbed and revolutionary
condition. The mere knowledge that such an authority
had been conferred have already stated would Of IT,
self in great degree prevent the evil Neither would
this require any additional appropriation for the naval
vice.
The chief objection urged against the grant Of this
thorty H. that Congress- by confefrng it, would violate
the consttutiothat i would be transfer Of the war
making, strictly speaking the declaring power to
the Executive. If this well founded, 1t would, Of
course be conclusive very brief examination however,
will place this objection at rest.
Congress possesses the sole exclusive power
the constitution ITO declare war; They alone raise
and support armies" and provide and maintain navy
But after Congress shall have declared and provid
ed the force necessary TO the President Com
mander in Chief Of the army and navy can alone employ
plain language and history proves that it was the well
known intention Of the trainers OF the constitution
will not be denied that the general power to declare
war; is without limitation, and embraces within itself not
only what writers on the law Of nations public
perfect war, but also imperfect warand in short,
every species Of hostility, however confined limited.
Without the authority Of Congress the President cannot
fire hostile in any except TO repe the attacks
Of an enemy 1t will not be doubted that under this
power Congress could they thought proper authorize
the President to employ the force at his command TO seize
vessel belonging to American citizen which had been
Illegally and unusy captured in foreign port and
store to its But Congress only act after the
fact, after the mischief has been done? Have they no
power TO confer upon the President the authority in ad
vance to furnish instant redress should such after
wards Must they wait until after the mischief has
been DONE and they apply the remedy only when it Is
too late To confer this authority % meet future
wardecarng power as such authority conferred upon
the President BY act Of Congress after the deed had been
done In the progress Of great nation many eNgencies
must arise mperatyey requiring that Congress should
thorze the President 70 act promptly certain conditions
which may not afferw ards arise Our history has
already presented number Of such cases. shall refe
onlyfo the latest.
Under the resolution Of June q 1855, for the adjust
ment Of difficulties with the Republic Of Paraguay, the
President Is authorized TO adopt such and
such force in his Judgment may be necessary and adi
sable in the event Of the refusal Of Just satisfaction b,
the Government Of Paraguay ..Just satisfaction, fol
what = For the attack on the United States steamer
Water WITCH" and other matters referred to in the
nual message of the President Here the power is
pressy granted upon the condition that the government
Paraguay shall refuse to render this Justification In
this other similar conferred
the President power in advance 70 employ the army
navy upon the happening Of contingent future events
this most certainly embraced within the declare
war.
Now il this conditional and contingent power could
constitutonay conferred upon the President in the
Paraguay why may not be conferred for the purpose
protecting the lives and property Of American citizens
the that they may be violently and unlawfuly
tackled in passing the transit routes to and from Cali
forna asaed by the seizure Of their vessels in foreign
port To deny this power is to render the navy in great
degree useless for the protection of the lives and property
VI American citizens countries where neither protection
nor redress can be otherwise obtained.
POST OFFICE.
The Thirty fifth Congress terminated the tlild q
March, lsos, without having passed the act making ap
propriasins for the Of the Post Office Department
during the fiscal year ending June, 1860" This
contained appropriation . to supply deficiencies in thu
the 3,t Of June 1s59a believe this the first instance
the formation u the Federal government,
existence without having passed all the general appropr
alton bills necessary to carry on The government until TN
regular period for the meeting Of new Congress. Th
event imposed the executive grave responsibility
presented choice Of evils.
Had this OMISSION Of duty occurred the rs Congress
the remedy would have been plain might then hay,
instantly recalled them complete their and thi
without expense to the government But the 4th o
March last there 10 Of the thirty three States whel
had elected any Representative To the present Con
gress Had Congress been called together immediately
these States would have been virtually disfranchsed
an intermediate period had been selected several Of
States would have been compelled to hold extra sessions
their Legislatures at great Inconvenience and expense
provide for elections earlier than thai preriou
fixed by laH In the regular of these State
would elect until after the beginning VI August am
five OF these until October and November.
On the other hand when came to examine carefully tn
Condition of the Post Office Department, did meet
many great difficulties a. had apprehended Ia
the Till which failed been confined to appropriations for
fiscal year ending the Both uf June next there
have been no reason Of pressing importance the call
an extra Nothing would become due
those with railroad companies only excepte for carryn
the mail the first quarter VI the fiscal year eommencn
on LIT Of july until the Isl Of Decenberless than
before the meeting Of the present Congress Tn
il that the mail contractors for the year
complete their first quarters service until
September and by the terms Of their
DAYS more are allowed for the settlement Of their account
before the Department could he called upon payment
The great dlicuty and the great hardship
the provide for the payment o the deficiency
the fiscal year ending the 3Uth june 1859 The Depar
neni entered into contracts, In obedience eXsn
laws the service u that fiscal year. and the
were fairly entitled to their compensation hccain
i due The deficiency, stated n the bill, amounted
a. rs but after careful settlement Of all these a.
counts has ascertained that Ii ~ 2a6
O0p. With the scanty means AZ his command the Pos
master General has managed 10 pay that portion Of this d
6ciency which occurred In the quarters OF the pa
fiscal year. ending the 8ls Of December last ln Il
meantime the contractors themselves under irse tryir
circumstances have behaved in manner worthy II 4
commendation. They had resource In the liids:
their en.barrassnents After the due 10 each
them had ascerAihed and finally settled according
law this became specific debt 81 record against the Unt
States which enabled them 70 borrow money this N
questionable security sui they obliged to pay
terest In consequence af the default VI Congress and