M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-01-12

believed, have prevented much injury and
many cruel Ties during the past season. A
sta!e of lawlessness and violence prevails on
that distant fTonlier. Life and property are
there wholly insecure. The population of
Arizona, now numbering more than ten
thousand souls, are practically destituae Of
government, Of laws, or OF any regular ad
ministlation ofjustice. Murder, rapine, and
other crimes are committed with impunity.
/, therefore; sgan call the attention OF Con-
sress to the necessity for establishing ter
ritohal government over Arizona.
The treaty with Nicaragua of the 10th
FEBRUARY, 1857, 10 which lreleiFed in my
last annual message, failed 10 receive the
ratification oil the government OF that repub-
lie, for reasons which need not enumerate.
A similar treaty has been since concluded
between tho parties, bearing date on the 10Th
March, 1859, which has already been ratified
by the Nicarsgdan Congress. This will be
Immediately submitted to the Senate for
their ratification. It's provisions can not,
think, fail TO be acceptable to the people of
both countries. t.
Our claims against the government OF
Costa Rica and Nicaragua remain unTedess-
ed, although they are pressed in al earnest
manner, and not without hope Of success.
deem it to be my duty once more ear
nesty TO recommend to Congress the pas
sage of law authorizing the Presidents to
employ the naval force at his command for
lhe purpose Of protecting the lives and
property OF American citizens passing in
transit across the Panama, Nicaragua and
Tehuantepec routes, against sudden aud
lawless depreddtions. shall not repeat the
arguments employed IL former messages in
support of This measure. Suffice 1t TO say
that the lives of many Of our people, and the
security OF vast amounts of treasure passing
and repassing over one or more ot these
routes between the Atlantic and Pacific, may
be deeply involved in the action ol Congress
on this subject
would also again recommend 10 Con-
gress that authority be given 10 the Presl-
dent to employ the naval force to protect
American merc hant vessels, their crews and
cargo S, against violent aud law less seizure
and coniscalion, in the ports OF Mexico aud
the Spanish American States, when these
countries may be in disturbed and revolu
lonary condition. The mere knowledge
that such an authority has been conferred, as
| have already stated, would of it.eIi, in "a
great degree, prevent the evil. Neither
would this require any additional appropria-
lion Tor the naval service.
The chief objection urged against tlegrant
of this authority is, that Congress, by con-
lering it, would violate the Constitution;
That il would be transfer ofthe rmak!ng,
or, strictly speaking, the war declaring pow
er 10 the Executive. II this were well louad-
ed it would, of course, be conclusive. A
very brief examination, however, will place
this objection at rest.
Congress possesses the sole and exclusive
power, under the ConSt tuition, ''to declare
war" They alone Can raise and support
armies," and provide and maintain u navy"
But afte Congress shall have declared war,
and provided the force necessary to carry it
on, the President, DIS COmmandel-n-Chle oi
the Army and Navy, can alone employ this
force in making war against the enemy
This is the plain language; and history
proves that it was the weil-knOwn intention
of the trainers of the Constitution
1t will not be denied that the general
'power to declare war; is wlihou; llmlta-
tiUn, and embraces within itself not only
what writer's on the law of nations term u
public or perfect war, but also an imperfect
war-and, in short, every species oI hostility,
however confined or limited. Without the
authority OF Congress the Presideu! cannot
fire hostile gun in any case, except to re-
pei The attacks ul any enemy. 1t will not be
doubted thai under this power Congress
could, il they thought proper, authorize the
President lo employ the force al his COM
mand to sieze vessel belonging to an
American citizen which had been illegally
and uniustly captured In foreign port, and
restore it TO It's owner. But can Congress
only act alter the lact-after the mischief
has been done! Have they no power 10 con-
Ter upon he President the authority in ad-
vance 10 lulnsh instant redress should such
a case aiterward occur? Must they wait ull-
til the mischief has been done, and can they
apply the remedy only when 1t is too late
10 confer this authority to meet future Ca
ses under circumstances stdCtLl specified, Is
as clearly within the war declaring power as
such an authority conferred upon the Presl-
dent by act vi Congress after lne deed has
been done. In the progress OF great na-
tiVn many exigencies must arise imperatlvely
requiring that Congress should aulhonzr
the President 10 ac. promptly On certain con.
dlti0ns which may Or may not afterwards
arise. Our history has already presented q
number of such cases | Shall refer only t.
the latest.
Under the resolution o. June I'd, 1858
"fOr the adjustment of difficulties with the
republic OF Paraguay" the President is "au
thorized 10 adopt such measures and uSe sucl
force as in his Judgment may be necessary
and advisable i'll the event OF refusal o
just satisfaction by he government ol Para
quay" Just satisfaction" iUr what? FU
'the attack on tile Unled States steamer
Wafer WITCH" aud "olher matters relereC
to in the annual message vi The President.
Here the power is expressly granted upon
the condition that the goSernment OF Para
quay shall refuse tU render Tins "just salts
facliun.' In Inis and other similar cases
Congress have conferred upon the President
power in advance to employ the amy and
navy upon the happening ol contingent lu
ture events; and this most certainly is EN-
braced within the power 10 declare war.
Now, if this conditional aud contingent
power could be conslltulionally conferred
upoE the President in the case oil Paraguay
why may it not be conferred lor the pupOs
OF protecting the lives and property ol Amer