The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-01-03

or BOTH This question may be most appropriately LETT
to the decision of Congress. would merely observe
that should volunteers be selected, such force could
be easily raised in this country among those who sym
pathse with the suerings OF our unfortunate fellow
citizens in Mexico and with the unhappy condition of
that republic Such accession to the forces OF the
constitutional government would enable 1t soon TO
reach the city of Mexico and extend its power over the
whole republic. In that event there is no reason to
doubt that Just claims of citizens would be
satisfied and adequate redress obtained for the Injuries
inflicted upon them. The constitutional government
have ever evinced strong desire to do justice and
this might be secured in advance by preliminary
treaty. :,
" be inconsistent with wise and settled policy not to
1iere in tie domestic of foreign nations. But
does not present fairly constitute an exception
An adjoining Republic is in state OF anarchy and
fusion from which she has proved wholly unable to ext
cate herself She is entirely destitute OF the power 10
peace upon her borders or to prevent the incur
sons of band into territory In her fate and IN her
fortune-n power establish and maintain settled
government-we have far deeper interest socially COM
mercally and politically than any other nation She IS
now wreck upon the ocean drifting about as she is i'm
PEELED by different factions As good neighbor snail we
not extend to her helping hand to save herr IL We 90
undertake the task and thus force to interfere at last
under of increased difficulty Tor the MALL
tenance of our established policy.
repeat the recommendation contained in my last an
nual message that authority be given to the President
to establish one or temporary military posts
the Mexican line in and Chihuahua where these
NAV be necessary protect the lives and property OF
American and Mexican citizens against the ncusons and
Expectations the Indians, well lawless rovers
that remote region The establishment OF one such post
point called Arispe, IN Sonora, in country nov al
from our side of the line, would, it is believed have pre-
vented much injury and many crueties during the past
state of lawlsssncss and violence prevails On
insecure. The population OF Arizona, now numbering
more 10000 souls principally destitute govern
ment of laws, of any regular administration OF ustee
Murer rapine and other crimes committed with I'M
punty l. therefore, again call the attention OF Congress
the necessity for establishing territorial government
over Arizona. ~
The treaty with Nicaragua ofhe 10th of Fcby, 1857, to
which referred in my last message alled to receive me
ratification of that republic, for which need not
enmerae. similar treaty has been since concluded be-
tween parties bearing date the 10th March, 1872
which has already been ratified by the Ncaraguan Con-
gress. This will be Immediately submitted to the Senate
for their ratification Its provisions cannot, think, fail
to be acceptable to the people OF both countries
Our claims against the government OF Costa Rlca and
Nicaragua unredressed though they pressed in
an manner, and not without hope of success
l deem be my duty more earnestly to recon-
mend to Congress the passage of law authorizing the
President employ the naval force at his command Tor
the purpose of protecting lives and property of Amer
can citizens passing transit the Panama, Ncaa-
qua Tehuanepec rout against sudden and awless
outbreaks and depedations shall not repeat the agu-
ments employed in former in support OF this mea
sure Suffice say that the lives OF many OF our people
and the security of OF treasure passing aud
repassng OF these routes may oe deeply
lvo lved in the action of Congress on this SUBJECT
would also again nd to Congress that authori-
ty be given the President to employ the naval force to
protect American merchant vessels their crews ana car
goes against and awless seizure and c0nhscaon
in potts Mexico and the Spanish American States
when these countries may be in disturbed and revolu
onary condition. The knowledge that such an au-
horty had been conferred as have already stated would
of itself in great degree, prevent the evil Neither Moua
this rouire any additional appropriation for rhe naval
vice chief objection urged against the grant OF ihs
authority is, that Congress by comforting it, would violate
the constituton-that il would bc transfer OF the war
making strictly speaking, the ward carng power TO
the Executive. If this well founded it wonld OF
be conclusive briet examination, however VIII
place this objection at rest.
Congress possess the sole and exclusive control und
the constitution "o declare wal" They alone can raise
and support armies, and provide and maintain navy
But after Congress shall have declared and PROVIDED
the force necessary to it the President, MS Com
mandcrn chief OF the Army and Navy, can alone employ
this force in making against the enemy lhls Is the
plain language and history proves that it was the well
known intention OF the trainers of the constitution.
1t will be denied that the general 'pOwar to declare
war; is without limitation, and embraces within itself not
only what writers the law OF nations term pubic or
perfect but also imperfect war-and in short cy-
cry species Of hostility, however confined or limited
Without the authority Congress the President cannot fire
hostile gun any except repel the attacks OF an
enemy 1t will be doubted that under this power Con-
gress could they proper authorize the President
employ the force at his command to selze vessel De-
longing to American citizen which had been ega!o OF
unusy captured in a foreign port. and restore to ITS
But Congress only act after the fact-ater the
mischief has been done? Have they power to confer
upon the President the authority advance to furnish IN
redress should snch afterwards occur! MUST
they wait until aer the mischief has been done aud can
they apply the remedy only when is too late! 10 con-
fer this authority to meet uDder circumstances
strictly specified, is clearly within the wardecarg
|
by Congress after the deed had been done In the
progress of great nation many gfnces must arise I'M
peratively requiring that Congress should authorize the
President to act promptly certain conditions "hSh
may afterwards arise. Our hl story mas ALREADY
presented number Of such cases shall refer only 10
| the latest.
Under the resolution of 3D. 1853 for the ADJUST
of difficulties with the Republic Of Paraguay ms
President is authorized to adopt such measures ana use
such force in his judgment may be necessary and adVS-
able in the of refusal OF just satisfaction by the gov
eminent of Paraguay. Just satisfaction tor mar! OF
the attack on the U S. steamer Water Witch, and ohrr
matters referred to in the annual message OF the
Here the power is expressly granted upon the conooh
that the government of Paraguay shall refuse 10 Fhue
this ust satisfaction. In this and other similar cases.
Congress conferred the President power in advance
employ the army and navy upon the happening OF con-
ngent future events; and this most certainty ]" enDi"c'u
within the power to declare war. go,
Now if this conditional and contingent power could be
constutunay conferred upon the President IN the case
of Paraguay, why not be conferred Tor the puIPOso
of protecting the lives and property OF American IN
the event that they may be violently and uhawluiy az
tackled passing the transit routes to ana nom Cs
orna assaled by the seizure OF their vessels III
port! To deny this power to render the navy IN ge
degree useless for the prot con OF the lVts ana properly
American citizens in countries where neither Piooh
nor redress can be otherwise obtained
The 35th Congress terminated on the Sd March, 'o"''
without having passed the " act making ~"
the service of The Office Department during the hSca
wear ending Both June. 1866" This act also contained
an appropriation "to supply Deficiencies in the revenue %
the L O Department for the year ending 3Oth June
believe this is the first instance since the ogIn o. III
Federal Government, now more than 10 years ago' nj
any Congress out of existence without having Pat
all the general appropriation bills necessary to cary