The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-01-04
70 nainten ance of our established pol

= {
1repeat the recommendation contained
in my last annual message that authority
may be given to the President to estab-
lish one or more temporary military posts
across the Mexicun lines in Sonora and
chihuahua, where these may be necessary
to protect the lives and property ofAmer-
lean and Mexican citizens against the in
cursions and depredations of the Indians,
as well as of lawless rovers on that re-
mote region. The establishment Of one
such post at point called Arispe, in So
nora, in country now almost depopulat-
ed by the hostile inroads of the Indians
from our side Of the line, would. it is be-
q lieved, have prevented much injury and
many cruelties during the past season
A state of lawlessness and violence pre-.
walls on that distant frontier. Life and
property are there wholly insecure. The
population of Arizona, now numbering
more than ten thousand souls, are practic-
ally destitute of government, of laws, or OF
any regular administration of justice. -
Murder, rapine, and other. crimes are
committed with impunity. 1, therefore,
again call the attention of Congress to
the necessity for establishing territorial
government over Arizona.
The treaty with Nicaragua of the 9Th
February, 1857, to which referred in
my last annual message, failed to receive
the ratification of the government of that
republic, for reasons which I need not en-
- A csr IL ofp hoe
concluded between tho parties bearing
date on the l7th March, 1859, which
has already been ratified by the Nicara-
guam Congress. This will be immediate
ly submitted to the Senate for their ratifi-
cation. Its provisions cannot, think
fail to be acceptable to the people of both
countries.
Our claims against the governments of
Costa Rica and Nicaragua remain unre.
dressed, though they are pressed in an
earnest manner and not without hope of
success.
/ deem it to be my dnty once more
earnestly to recommend to Congress the
passage of a law authorizing the President
to employ the naval force at his command
for the purpose of protecting the lives
and property of American citizens passing
in transit across the Panama, Nicaragua,
and Tehuantepec routes. against sudden
and lawless outbreaks and depredations
Ishall not repeat the arguments employ
ed 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 passing 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,
n / would, also, again recommend to
Congress that authority be given to the
Presiden: to employ the naval force to
protect American merchant vessels, their
crews and cargoes, against violent and
lawless seizure and confs cation in the
ports of Mexico and the Spanish American
States when these countries may be in a
disturbed and revolutionary condition.
The mere knowledge that such an author
ity had beer conferred, as | have already
stated, would of itself, in degree, pre-
vent the evil Neither would this require
any additional appropriation for the ma.
val service.
The chief objection urged against the
grant of this authority is, that Congress-
by comforting 1t would violate the consti-
,tution-t1at 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, O
course be conclusive. A very brief ex
animation, however will place this OBJ
lection at rest
Congress possess the sole and exclusiv,
power, under the constitution, "to declar
war" They alone can 'raise and supper
armies," and provide and maintain ma
wy" But after Congress shall have de
clared war, and provided the force neces
sary to carry on, the President, as Com
mander-in- Chief of the Army and Navy
can alone employ this force in makin
war against the enemy. This is the plai
language, and history proves that it wa
the well-known intention of the trainers q
the Constitution.
1t will not be denied that the genera
power TO declare war" is without limita
tion, and embraces within itself not onl
what writer's on the law of nations term
public or perfect war, but also an impeI
feet war -and, in short, every species G
hostility, however confined or limited. =
Without the authority of Congress tn
the President cannot fire hostile gun
any case, except to repel the attacks c
an enemy 1t will not be doubted tha
under this power Congress could, if the
thought proper, authorize the Presiden
to employ the force at his command t
seize vessel belonging to an America
citizen which had been Illegally and IN
justly captured in foreign port and re
store it to its owner. But can Congress
only act after the fact-after the mischit
had been done? Have they 10 power t
coufer upon the President the authorit
in advance to furnish instant redress shoul