The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-01-03


var" They alone CA raise and .upoor,
armies" and provide yHl maintain navy"
Du. after nEresS snail nave declared w.-
and provided tie I3ree necessary to carry il
on tie Pres dent a. co,nUander-:n-chief of
me army and navy. can alons EMPLOY this
.3rce in making wa7 aCains; II q enemy. This
IS the plain language, aud history proves that
was he well known intention Of tie trainers
-s tie Constitution.
II VIII DO, be denied TIA. the general pow
az ~ declare war Il withou. limitation. and /
embrace, within itself 20, only what writer's /
..u the IA q nations term a public or perfect !
war. but also al ITperiec. wsr-and, in short /
every Species Of hostility, however confined or /
limited. without the authority OF Congress |
the President cannot fire s hostile gun in say /
case. except 10 repel the attacks Of an enemy. |
Il vii rot be doubted tia. under This power |
Congress could, If they thought proper, au-
,ho-ize the President 10 employ the force al
l.i. command 10 seize vessel belonging 10 an
American ci.izea v aich had been illegally and
unicsgly captured IN = foreign port, and re-
store il 10 It's owner But can Congress only
act after the fac,-after the mischief has been
s.opel Have they 10 power 10 confer upon
the President the authority in advance to fur
ni,h instant redress should such case st-
forwards occur Must they wait until the
mischief has beer. done, and can they apply the
remedy only when il is too late. To confer
tai, authority 70 meet future cases under cir
: cunstar@eS strictly specified, IS aS clearly
: within the va- declaring power as such an
authority conferred upon the President by
act of Congress after the act had been done
Ia the progress of great nation many ext
aeucies would arise imperalively requiring
that Congress should authorize the President
TO act promptly on certain conditions which
NAV OF NAV not afterwards ari'e. our histo-
~ has already preseItad = number Of such
cases shall refer only TO the latest.
Under the resolution of June %, 1858, "for
the adjustment of difficulties with the repub-
lie Of Paraguay" the President is author
zed t. adopt such measures and use such
! force as in his iud Inent may be necessary and
advisable in the event of a refusal OF just sat
! siac,ion by the government Of Paraguay.
Just sat sfactiOn for what : For"the attack
on The United States steamer Water Witch,
and other matters referred 20 II the annual
! message OF the President
| Here the power Is expressly granted upon
! the condition that the government of Para
quay Shall refuse 10 render this Z" Just salts
/ faction Ia this and other similar cases
! Congress have conferred upon the President
navy upon the happening OF contingent future
events, and thIs mos, certainly is embraced
/ within the p We. - declare war
Now, if this conditional and contingent
power could be constitutionaik conferred up
GA the President in the case of Paraguay,
why may il not be conferred for the purpose
OF protecting the lives and property OF Ameri-
can citizens in the event that they may be
violently and unlayfully attacked in passing
over the transit routes To and from California
or asSaled by the seizure Of their vessels In a
/ foreign port ! To deny this power is to rem
. Ger the navy IN great degree useless for the
I iro-ectl ~ o. the lives and property of Amer
| can citizens IN countries where neither redress
/ nor protection can be otherwise obtained.
/ The Thiuy-fifth Congress terminated on the
/ 81 ~ March, 1859. without having passed the
( Act making appropriations for the service OF
{ the Post Office Department during the fiscal
+ year ending the SGih Of June 1860" This
| act also contained an appropriation 10 sup
| ply Deficiencies in the revenue Of the Post Of
! iico Department for the year ending the both
/ 81 June, 1883" | believe this is the first in
| stance since the origin Of the Federal Govern
! ment, now more than seventy years ago, when
| any Congress went out Of existence without
I kaving passed NIL the general appropriation
b
/ until the regular period for the meeting of a
I new Congress. This event imposed on III.
/ Executive a grave responsibility. 1t presented
4 choice OF evils.
/ Had this omission Of duty occurred al the
! first Session Of the last Congress. the remedy
! would have been plain. | might then have
/ instantly recalled them TO complete their
/ work But on ths Dab Of March las, there
.~Src tiftos5. Of tho thirty ..aroo sta;oc which
! had not elected any Representatives to the
/ present Congress Had Congress been called
/ together Immediately, thoss States would
/ nave been virtually DISTINGUISHED. II an in
/ termediate period had been selected, several
Of the States would have been compelled to
/ hold extra sessions of their Legislatures n
| great Inconvenience and expense, to provide
t for cleo. rs az an earlier day than that pre-
| ylousiy HXed by law. In the regular course
| ten Of these States would not elect until after
! the beginning OF August, and five Of these ten
/ not until October and November.
/ On the other hand, when came TO exam
I he carefully the condition of the Postoffice
/ Department, | did not meet as many or a.
/ great difficulties as | apprebended. Had the
/ bill which failed been confined to appropTia-
! tons for the tisca! year ending on the Goth OF
( J gne uext, there would have been DO reason
/ %! pressing importance Tor the call Of an ex-
/ Ia session. Nothing would become due Oh
/ contracts Chose with railroad companies only
/ excepted for carrying the mail for the first
/ quarter OF The present fiscal year. commenc-
\ iDg with the lst Of July, until the first oi
I DscemDcr-leSs than one week before the
/ meeting Of the present Congress. The reason
/ IS that the mail contractors for this the cur
/ ren: wear did not complete their first quarter
/ service until the Both September last; and by
/ Tie terms Of their contracts sixty days more
are allowed ioy the settlement OF their &C
/ counts before the Department could be called
/ upon for payment.
The great difficulty and the great hardship
! consists in the failure 10 provide 'or the pay
tueai Of the deficiencies in The fiscal year end
Ing the 20.h OF June, 1859. The Department
had entered into contracts, in obedience 70 ex-
stin- laws. for the service Of that fiscal year,
and the contractors were fully entitled 10
their compensation as Il became due. lhe
Deficiencies as stated in Ire bill amounted 70
/ 3, c3S rs, but after careful settlement oi
all these accounts il hiss been ascertalnea tnat
il amounts 20 81 2e6 900. With the scanty
means at his command the Postmaster Iene-
/ raj has managed to pay the first two quarters
u the past fiscal year, ending on the 3Is. OF
December last. In the meantime the contrac-
I TOYS themselves under those trying circum-
/ stances hare behaved in s manner worthy OF
al conDenda,io1
They had one resource il the midst Of their
: ernbarrassmenis After the amount due TO
/ each az them had been ascertansd and finally
/ settled according to law, this became speci-
+ ii-d debt Of record against the United States,
( which enabled them 20 borrow money on this
+ UCqGestionable security. Sill .hev were OBJ
F iigad 70 pay in,e-es: il consequence Of me
+ default Of Congress. and on every principle OF
{ justice ought TO receive interest from the gov
eminent. This interest should conEence
I from the date when warrant would have a.
sued for The payment q the principal had az
. appropriation been made fox that purpose.
/ Calculated up 10 the frs: Of December, 1t will
10, exceed ninety-six thousand SIX hundred
I and sixty dollars-a SUI. Tot 10 De taken into
account when con.ras.ed with the great diff
fculties and embarrassneuts Of E public and
/ private character, both 70 the people and the
States, which would have resulted from con-
veIiug and no ding special session o: Con
gress.
For these reasons recommend the passage
Of g bill, at as early q day ?. may be practi-
cable, TO provide FOR tie payment Of the
amount, with Interest, due TO these last men
: ,fC-ai contractors zen l..