American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1860-01-26

attempted and our property destroyed?-
And may he not be deceived aud mistaken
as to the existence Of these facts? May
he not act in The premises. or not, as suits
bis wbims or convenience? Does II not
open a wide field for the qualification Of
ma ice and ambitious designsH May be
not upon the mere pretext OF the existence
Of tie cause prescribed by Congress in.
volvs US 10 war? And Is not this plain
evasion ofthe spirit and iuteudmeut Of the
Constitution?
That instrument not ouly reserved to
Congress the power to formally declare
war, to say what was a jusli6able cause.
but to say wken that justi6able cause arose.
The proposition the President strips
Congress of the most important branch OF
it's prerogative, the orly one in which the
interests Of the Nation are involved, leaving
nothing but the formal part--tbe mere
shadow 4 power. This in our judgment,
is plain perversiou OF the Constitution
aud is dangerous in the extreme.
But lei US test the argumets adduced by
the President in support Of bis proposition
He says: .,
1T will not be doubted that under this
power Congress could if they thought
proper, authorize the President to employ
the force at lis Command to seize a vessel
belonging to an American citizen which
had bsen illegally and unjustly captured
10 n foreign port and restore il to lis owA,
er. But can Congress only act after the
iact, after the mischief has been done?--
Have they no power 10 confer upon the
President the authority in advance to fur.
nish instant redress should such case az
, Itsrwsrds o~cur? Must they wait until a.
ter the mischief has been done. aud car
they apply the remedy only when il is toe
late? TO confer this authority TO meet fu
ture cases under circumstances strijtly
E specified, is as clearly within the wsr>de
claring power as such an authority confer
red upon the President by act Of Congress
after the deed had been done"
Congress has the undoubted constitu
tioual power 10 authorize the President Il
repel attacks upon our property and re
dress the grievances Of American citizen
after those attacks have been made, whe
those wrongs havo been perpstrsted; afte
the fact. Congress may lsgitima'ely pro
! nudge formal declaration Of war; befor
% it. never, without evading the plain spiri
Z aud intendmvnt OF the Coustitut on.
A declaration ofwar contemplatss som'
% thing more than the mere authority to th
President to call out for purposes Of WI
g. the Army Of the United States. 1t lega
w ICES all hostile acts, il puts IN end to 4
~ commercial relations with the enemy.
u authorizes and justi6es imprisonment
70 the person and con6scation Of the proper
40 Of the citizens Of the nation with whi'
IS we are q. war, within our borders. II 70
" bids trade Of whatever description and a
no nuls contracts Of wbatsver character.
10 Let us suppose that Congress should d
'u clare war upon the event that Spain in
o. future attack our merchant men, oonhsca
70 our property, or murder our citizens; "
''"' the happening Of these events put
ire country in a state Of hoslili,ies? Will
re- accomplish the things enumerated? A
M if so, is not the President the sole Judge
he the fact? Does be not determine the {
ec' istence Of thes, events, and would not {
'u- be plain evasion Of the Constitution?
're From these considerations we are fore
'he to the conclusion that Congress cam
ate without evadiug and perverting the @
on stitudou, grant the power the Presid
oer asks. .... 4.s r...la sl. l...r.