The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1860-01-06

"hicn has already been ratified by. the Ncara-
guam Congress. This will be immediately sub
mftted to the Senate for their ratification its
provisions cannot, think, fail to be acceptable
to The people OF both countries. Our claims a.
galnst the governments of Costa Rica andNicara-
qua remain uRredressed, although they,are pres
sed IN an earnest manner, and not without hope
OF success. I deem it TO be my duty once more
earnestly to recommend to Congress The passage
OF law authorizing the President 10 employ
the naval force at his command for the purpose
of protecting the lives and property of Ameri-
can citizens passing in transit across the Pana-
ma, Nicaraguan and Tehuautepec rontes, a,
gaInst sudden and lawless outbreaks and depreda-
tonS. | shall not repeat the argument employ
ed IN former messages ia su 9port oi this meas
ure suffice it 10 say that the lives of many of
our people, and the security ofvast amounts OF
treasure passing and re-passing over one or
more Of these routes, between the Atlantic and
Pacific, may be deeply involved in the action
of Congress on this subject.
would also again recommend 10 Congress
that authority be given TO the President to EN-
pIoy the naval force to protect American mer-
chant veSsels,h hheIg crews and cafgoes, against
violent and lawieSs seizure and confscation n
the ports OF Mexico and the Spanish American
States where these countries NAV be in iistuT-
bed and revolutionary condition. The mere
knowledge that such an authority had been
conferred, as | have already stated, would, of
itself IN great degree, prevent the evil
Neither would this require any additional ap-
preparation for the naval service. The chief
objection urged against the grant of this authori-
ty Is, that Congress, by conferrng it, would be
a TRANSFER Of the war-making, or, strictly speak
ing, the war-decIarIng power, 10 the EXecG-
tive. 1t thjS were we'll founded, it would, of
course, be conclusive. 4 very brief examina-
ton, however, will place this objection at rest.
Congress possesses the sole and exclusive power
undertbe Constitution TO declare war They
alone can raise and support armies and provide
and maintain a navy. Bat after Congress shall
have declared war, and provided The force
necessary to carry It on, the President, as COM
chief OF the army and navy, can
alone employ this force in making war against
the enemy. This is the plain language, and
history proves that it was the well known in
t9n:ion OF the trainers of the constitution.
1t will not be ishied that the general power to
declare war is without limitation, and embra-
ces within itself not only what writers on the
Law OF Nations term public or perfect war,
but ajso an imperfect war, and in snort every
species OF hostility, however confined or limited.
Without TIE authority of Congress, the Presi-
dent caunot fire hostile gua in any case, ex-
cept to FePel the attacks of an enemy. 1t will
not be doubted, that under this power, Congress
could, ii they thought proper, authorize the
President to employ the force at his command,
to seize a vessel belonging TO an American citi-
zen which has been illegally employed and
captured IN foreign port and restore to its
owner, but can Congress only act after the fact
alter the mischief has oeen done Have
they not power TO confer upon the President
the authority IN advance to furnish instant re-
dress, should such case afterwards occur -
Must they wait until the mischief has been
done, and eau they apply the remedy, only
when It IS too late To confer this authority,
70 meet iuture cases under circumstances strict
" sPecihc, IS as clearly within the war decIa-
ring power as such an authority conferred upon
the President by act OF Congress after the deed
has been done In the progress OF a great ma
ton many eXlgPncIeS must arise, Imperatively
requiring that Congress should authorize the
President 10 act promptly on certain conditions
which may not afterwards aris g. Our history
has already presented a number of such cases.
l shall refer only to the latest.
Under the resolution of June ID, 1853, for
the adjustment of difficulties with the republic
OF Paraguay, The President is authorized to
adopt such measures and use such force as
IN hlS Judgment may be necessary and advisa-
Die, IN the event OF refusal OF just satisfaction
by the government Of Paraguay. Just satisiac-
ton tor what For the attack on'the u. S. stea-
meT Water Witch and other matters referred
to IN the annual message of The President
Here the power IS expressly granted, upon the
condItlo2 that the Governmen. Of Paraguay
shall refuse to render this Just satisfaction. In
THIS and other similar cases, Congress have con-
! ieFTed upon the President power in advance to
employ the army and navy upon the happen
/ ing OF contingent future events, and this most
Certainly IS embraced within the power to d.
clare war. Vow. if this conditional and con-
iIngent power could be cunstnutIonaIly confer
red upon the President in the case of Paraguay
why may It not be conferred lor the purpose
/ OF protecting the lives and property of Amerr-
cdn citizens, IN the event that they NAV be vio-
lenliy and law!essly attacked in passing over
the transit routes 10 and from California, OF
assaied by the seizure of their vessels in a for
eIgn port To deny this power is to render
the navy, IN a great degree, useless, for the
protection ofthe lives and property of Ameri-
can citizens in countries where neither protec-
ton nor redress can be otherwise obtained.
The Thirty-Flfih Congress terminated on the
third day Of March, 1855, without having pass
ed the act making appropriations for the ser
wee of the Post Office Department during the
hscal year ending the Both June, 1860. This
act also contained an appropriation to supply
dehoiencles in the revenue of the Post Office
Department for the year ending the Both June,
1859. believe that this is the first instance
cir 4 &