The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-01-06

happening of contingent future events; and this
most certainly is embraced within the power to
declare war;
Now, IL this conditional and contingent pow
or could lie constitutionally conferred upon the
President in the case of Paraguay, why may II
not be conferred for the purpose Of protecting
the lives and property of American citizens in
the event that they may be violently and UNI
lawfully attacked in passing over the transit
routes tosand from California, or assailcd by the
seizure OF their vessels in n foreign port! 10
deny this power is to render the navy in great
degree useless for the protection OF the lives ana
property of American citizens in countries
where neither protection nor redress can bC
otherwise obtained.
Post Office Affairs.
The thrty-ffth Congress terminated on the
81 of March, 1859, without having passed the
"act making appropriations for the service OF
the Post Office Department during the fiscal
wear ending the 3Oth of June, 1850" This act
also contained an appropriation "to supply de-
iiciences in the revenue OF the Post Office Ic-
partment for the year ending the 30th OF June,
1850" believe this is the first instance since
the formation of the Federal Government, now
more than seventy years ago, when any Con-
gres vents out of existence without having
passed all the general appropriation bills neces-
sary TO carry ON the government until the reg
ular period for the meeting of q new Congress.
This event imposed on the executive grave re-
sponsibity. 1t presented q choice of evils.
Had this omission of duty occurred ut the
first session ofthc last Congress, the remedy
would have been plain. might then have IN
stantly recalled them to complete their work
and this without expense TO the government
But on the 4th of March last there were iiilecn
of the thirty-three States which had not elected
any representatives to the present Congress-
Had Congress been called together Immediately
these States would have been virtually distran-
chiscl. fan intermediate period had been Sc
lcctcl, several of the States would have been
compelled 10 hold extra sessions ut their Legs
laturcs, at great incOnyC ncnce and expense, to
provide for elections ut an earlier Hay llHn that
previously fixed by law. IL ths regular course,
ten of these States would not elect until after
the beginning of August, AL I've OF these ten
not until October or NOvcn' or.
On the other hand, v hen came To examine
carefully the condition of tho Post O.lcc ic-
partment. did not II Get as many or as great
difficulties as had apprChenrci. Hat tic bill
which failed been confined appropriations Tor
tie fiscal year ending on the SCH UfJune hcXt,
there would have been no reason of pressing
importance for the call of an extra session.
Nothing would become due on contracts (ilOse
with railroad companies only cxcCltCl) for car
ryiug the mail for the first quarter of the pres,
cnt fiscal year, commencing on The lst of July,
unit the first OF Decembcr-less than ono week
before the meeting of the present Congress-
The reason is that the mail contractors for this
the current year did not complete their first
quarters service until the 3Oth September last;
and by the terms of their contracts sixty days
more are allowed for the settlement of their ac-
counts before the Department could be called
uIOn for payment.
The great difficulty and the great hardship
consisted in the failure TO provide for the pay
mCnt of the deficiency in the fiscal year ending
the 3Oth June, 1859. The department had ell
tered into contracts, in obedience to existing
laws, for the service of that fiscal year, and the
contractors were fairly entitled TO their COM
pCnsatiOn as it became due. The deficiency rs
stated in the bill amounted to S3,SiS,7Z7, Bat
after careful settlement of all these accounts,
il has been ascertained that il amounts TO Si,-
900, 009. With the scanty means Mt his COM
mand the Postmaster General has managed to
pay that portion of this deficiency which oc-
CURED in the first two quarters OF the past ils-
cal year, ending on the 3lst December last In
the mean time the contractors themselves, un-
der these trying circumstances, have behaved
in n manner worthy of all commentator. They
had one recourse in the midst oithcir embarrass-
ments. After the amount due to each OF them
had been ascertainel and finally settled accord
ing TO law, this became specified debt of rec
ord against the United States, which enabled
them TO borrow money on this unquestl0naOlc
security. Still they were obliged to pay inter
est in consequence Of the default of Congress,
and on every principle OF justice ought TO re-
ccivc interost from the government. This inter-
est should commence from the date when war
rant would have issued for the payment OF the
principal had an appropriation been made Tor
this purpose. Calculated up TO lst December,
ILL A., 1 moi IN ln
taken into account when contrasted with the
great difficulties and cmbarrassments of pub
lie md private character, both to the people and
the States, which would have resulted from con-
vCning and holding special session OF Con-
grCss.
For these rcasons recommend the passage
Of bill, Mt az carly day rs may be practical
bic, 20 provide for the payment of the amount,
with interest, due to these last mentioned con-
tractors, rs well rs TO make the necessary APP
preparations for the service of the Post Oiiicc
Department for the current fiscal year.
The failure to pass the Post Office bill ncccs-
sarily gives birth TO serious reflections. Con-
grcss, by refusing 10 pass the general nppro-
priatiOn bills necessary to carry on the Govern
mCnt, may not only arrest its action, but might
even destroy its existence. The army, the ma
Wy, the judiciary, in short every department
OF the Government, can 10 longer perform
necessary iortheir support. Ifthis failure should
teach the country the necessity ofclccting null
Congress In sufficient time to enable the Prcsi-
dent 10 convene them in any emergency, even
Immediately after the old Congress has expired,
it win have been productive of great good. In
time of sudden and alarming danger, foreign
or domestic, which all nations must expect TO
encounter in their progress, the very salvation
of our Institutions may be stakcd upon the as
- =, al
such circumstances, the President should iind1
himself in the condition in which he was placed
ut the close of the last Congress, with nearly
half the States of the Union destitute of repre-
sentatiycs, the consequences might DC disas-
trous. /, therefore, recommend To Congress TO
carry into effect the provisions of the Consti-
tuition on this subject, and to pass law APP
pointing some day previous TO the 4th March
in each year of odd number for the election Of
representatives throughout all the States. They
have already appointed day for the election
of electors for President and Vice President,
and this measure has been approved by the
country.
Pacific Railroad.
would again express most decided opin-
ion in favor OF the construction OF n Pacific
railroad, for the reasons stated in my two last
annual messages. When | reflect upon what
would be the detenceless condition of our States
and Territories west of the Rocky Mountains
in case of war with naval power sufficiently
strong TO interrupt all intercourse with them
by the routes across the Isthmus, / am still
more convinced than ever of the vast impor..
lance of this railroad. | have never doubted
the constitutional competency of Congress to
provide for its const uction. but this exclusive
ly under the war-making power. Besides, the
constitution expressly requires, as an impera-
tive duty, that .thc United States shall protect
each of them (thc States) against invasion"
am ut loss 10 conceive how this protection
can be afforded to California and Oregon against
such a naval power by any other means l re;