East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1860-01-05

guments employed IN former messages III |
support of this measure. Suffice 1t to
say that the lives OF many of our people
and the security Of vast amount OF treas
ures passings and requesting over one or
more of these routes between the Allan
tic and Pacific. may be deeply involved
in the action Of Congress on this subject.
! would also again recommend to Con
grcss that authority be given to the
President TO employ the naval force to
protect American merchant vessels, their
crews and cargoes, against violent and
lawless seizure and confisication in the
ports of Mexico and the Spanish-Ameri-
can states, when these countries may be
in disturbed and revolutionary condi-
ton. The mere knowledge that such an
authority had been conferred, as j have
already stated, would itself in degree,
prevent the evil. Neither would this
require any additional appropriation for
the naval service,
The chief objection urged against the
grant of this authority is, that Congress,
by comforting it, would violate the Con-
stitution-that it would be transfer OF
the war-making, or, strictly speaking, the
war.declaring power to the Executive
If this were well founded it would, OF
course, be conclusive. n very brief ex-
animation, however, will place this OBJ
lection at rest.
Congress possesses the sole and eXclu-
sive power, under the Constitution, "to
declare war" They alone can "raise and
support armies" and provide and main
tain a navy" But after Congress shall
have declared war, and provided the force
necessary to carry it on, the President,
as COMMANDMENTS chief of the army and
navy, can alone employ this force in max
/ ing war against the enemy. This is the
plain language, and history proves that
/ it was the wcll-known intention of the
| trainers of the Constitution.
1t will not be denied that the general
"powers to declare war" is without limit.
alton, and embraces within itself not
only what writers on the law of nations
term public or perfect war, but also an
| imperfect war-and, in short, every spe-
cies of hostility, however confined or linn
tied. Without the authority of Con-
gress, the President cannot fire hostile
gun in any case, except to rcpel the at
tacks of an enemy. 1t will not be doubt
ed that under this power Congress could,
if they thought proper, authorize the
President to employ the force at his com
mand to seize vessel belonging to an
American citizen which had been lille
gally and unjustly captured in a foreign
post, and restore it to its owner But
can Congress only act after the fact
after the mischief has beea done? Have
they no power to confer upon the Presi-
dent the authority in advance to furnish
instant redress should such case after
wards occur Must they wait until the
mischief has been done, and can they ap,
ply the remedy only when it is to Late
To confer this authority to meet future
cases under circumstances strictly speci-
fed, is as clearly within the war declar-
inc power as such an authority conferred
J upon the President by act Of Congress
after the act had been done. In the pro-
, gress of great nation many oxigencies
would arise, imperatively requiring that
Congress should authorize the President
to act promptly on certain conditions
f which NAV or may not afterwards arise
; Our history has already presented a mum
, Der of such cases. shall refer only tc
: the latest
Under the resolution of June 3D. 1858,
,, ''for the adjustment of difficulties with
the republic of Paraguay" the President
is authorized to adopt such measures and
use subj force as in his judgement may
be necessary and advisable in the event
of refusal of just satisfaction by the
,, government of Paraguay" "Just salts
faction" for what For "thc attack on
the United States steamer Water Witch,
and "other matters referred to in the an
ual message of the President"
,, Here the power is expressly granted
upon the condition that the government
of Paraguay shall refuse to render this
"iust satisfaction" In this and othel
similar cases Congress have conferred
upon the President power in advance t.
: employ the army and navy upon the hap
= pening of contingent future events; anC
D TINS most certainly Is embraced Wltnll
Y the power to declare war.
a Now, if this conditional aid and con
: tingent power could be constitutional!
Y conferred upon the President in the case
t of Paraguay, why may it not be conferred
e for the purpose Of protecting the lives
a and property Of American citizens in tn
t event that they may be violently and un
}, lawfully attacked in passing over tn
: transit routes to and from California, o
c assailed by the seizure of their vessels il
!, a foreign port? To deny this power
/ to render the navy in great degree use
It less for the protection of the lives AM
= property of American citizens in coun
= tries where neither redress nor protection
Y can he otherwise obtained.
The Thirty-ffth Congress terminate
/ on the 3D. of March, 1859, without hav
!. inc passed the "Act making appropria
= tons for thu service of the Post Offic
4 Department during the fiscal year ending
/. the 3Oth of June, 1860" This act ais
n contained an appropriation "to suppl
y deficiencies in the revenue OF the los
r Office Department for the year endlni
the 30th of June, 1850" l believe thi
h is the first instance since the origin O
4 the Federal Government, now more tina