The Kenosha telegraph and tribune. [volume] (Kenosha, Wis.) 1859-1860, 1860-01-05

are committed with impunity. J. therefore,
again call the attention of Congress TO the ne
cessity for establishing territorial government
over Arizona.
CENTRAL AMERICA.
The treaty with Nicaragua of the 10th Feb
ruary, 1859, TO which / referred in my last an
nual message, failed to receive the ratification
OF the government Of that republic, for reasons
which need not cuumerate. A similar treaty
has been since concluded between the parties
bearing date on the 10th March, 1885, which
has already been ratified by the Nicaraguan
Congress. This viii be Immediately submitted
TO the Senate for tleir ratification. Its provis-
ions cannot l thins, fail to be acceptable to the
people OF both countries.
Our claims against the governments Of Costa
Rlca and Nicaragua remain unredressed, though
shev are pressed in m earnest manner, and not
wi thout the hope Of success.
deem it to be my duty once more eunestly
TO recommend TO Congress the passage of a law,
authorizing the President to employ the val
force at his command for the purpose of pro-
-ecting the lives and properly Of American citi-
zens passing in transit across the Panama, Mic
aragua and Tehauntcpec routes, against sudden
and lawlcss outbreaks and depredations, shall
not repeat the arguments employed in former
messages in support Of this measure. Suffice it
to say that the lives of many of our people, and
the security Of vast amounts of treasure, pass
ing and repassing over one or more of these
routes between the Atlantic and Pacific, may be
deeply involved in the action of Congress on
this subject.
SPANISH AMERICAN STATES.
would,Mlso, again recommend to Congress
hat authority be given to the President to en-
ploy the naval force to protect American mer-
chant vessels, their crews and cargoes, against
violent and awess seizure and conhscation in
the ports Of Mexico and the Spanish American
States, when those countries may be in dis
yurbed and revolutionary condition The mere
knowledge that such an authority had been con-
terrcd, as | have already stated, would Of itself
IN a great degree, prevent the evil. Net
would this require any additional apprc,rniatior
for the naval service, P''''
The chief objection urged sc.a;ns+ tho o,opt
ofthis authority Is, that Corgraes by conferrino
Il, would violate the Coas.l,,tution-that it would
oe transfer OF M, war-making, or, strictly
apeaN''S' s .o r- declaring power to the Exec
80 This were well founded, it would, O.
el.C,YH'.se, be conclusive. A very brief examna
uoD, however, will place this objection at rest.
POWER ASKED TO DECLARE WAR BY
THE PRESIDENT,
Congress possess the sole and exclusive
power under the constitution, "to declare war.
They alone can 'raise and support armies,
and provide aud maintain navy" But after
Congress shall have declared war, and provided
he force necessary to carry it on, the President
as Commander-in-Chief Of the army and navy
can alone employ this force in making wal
against the enemy. This is the plain language
and history proves that it was the well-known
intention Of the trainers ofthe Constitution.
1t will not be denied tnat the general pow
er to declare war is without limitation, 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
species of hostility, however confined or limit
ed. Without the authority of Congress the
President cannot fire a hostile gun in any case,
except to repel the attacks of an enemy. 1t
will not be doubted that under thss power Con-
gress could, if they thought proper authorize
the President to employ the force at his COM
mand to seize vessel belonging to an Ameri-
can citizen which had been illegally and uniustly
captured in foreign port and restored to its
owner.
But can Congress only act after the fact-after
the mischief has been done Have they no
power to confer upon the President the author
lty in advance to furnish instant redress should
such case afterwards occur Must they wait
until the mischief has been done, and can they
apply the remedy only wnen it is too late To
confer this authority to meet future eases under
within the war-dec airing power as such an au-
,horlty conferred upon the President by act of
Congress after the deed had been DONE In the
progress OF a great nation, many exigencie.s
must arise imperat yely requiring that Congress
should authorize tine President to act promptly
On certain conditions which may or may not
afterwards arise. Our history has already pre-
5ented number of such cases. | shall refer
only to the latest
f,,Jo .; a
adjustment of difficulties with the republic OF
Paraguay" the President is authorized to
adopt such measures and use such force as in
his Judgement may be necessary and advisable in
the vent of refusal of just satisfaction by the
government Of Paraguay" "Just satisfaction
Tor what? For 1.-THE attack on the United
States Steamer Water WITCH" and 'other mat
ters referred to in the annual message of the
President. Here the power is expressly granted
upon the condition that the government of Para
quay shall refuse to render this Just satsfac-
ton In this and other similar cases Congress
has conferred upon the President power in adj
vance to employ the army and navy upon the
happening Of contingent future events and this
most certainly Is embraced within the power to
declare war.
Now, il this conditional and contingent power
could be consttutonally conferred upon the
PRESIDENT in the case of Paraguay, why may il
DFOI6CU0E
the lives and property of American citizens in
the event that they may be violently and una W
fully attacked in passing over the transit routes
TO and from California, or Gssailed by the seiz
ure OF their vessels in foreign port To deny
this power is 10 render the navy in a great de
gree useless for the protection of the lives anC
property of American citizens in countrie:
where neltser protection nor redress can b.
otherwise obtained
POST OFFICE DEPARTMENT.
The Thirty-ffth Congress terminated on the
Sd OF March 1859 without having passed the
Act making appropriations for the service O
the Post Office Department during the fiscal
year ending the 3Oth of June, 1860" This Ac
also contained an appropriation ito supply de
hcicncies IN the revenue of the Post Office De
partment for the year Guiding the Both Jun,
coy. l believe this is the first instance sine,
The formation of the Federal Government. nov
more than seventy years ago, when any Congress
went out OF existence without having passed al
neralappropration hi lis necessary to carry O,
he government until the regular period 70
the meeting OF 4 new Congress This event i'm
posed on the Executiue a grave responsible,
IL presented a choice of evils.
Had this omission occurred at the session o
the last Congress, the remedy would have beer
plain. i might then have instantly recalled
them TO complete their Work-and this withou
expense to the government. But on the 4th o
March last there were fifteen of the thirty three
states which had not elected any Representative,
to the present Congress Had Congress beer
Chilled Immediately, these States would hav,
been virtually DISTINGUISHED. If an intermedi
ate period had been selected, several of til,
States would have been compelled to hold extr;
SESSIONS Of their Legislatures, at great inconve
niencc and expense, to provide for election
at an earlier day than that previously fixed b,
aw In the regular course, ten of these State
would not elect until after the beginning of Aug
ust, and five of these ten not until October an,
November.
On the other hand, when l came to examin,
carefully the condition of the Post Office De
partment, did not meet as many or as great diff
Liculties as I had apprehended. Had the bill
which failed been confined to appropriations 70
he fiscal year ending on the S0th June mex