Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1860-01-04


this force shall consist Of regular troops or
volunteers, or both. This question may be
most appropriately left TO the decision OF Con-
gress. / would merely observe that, should
volunteers be selected, such force could be
easily raised in this country among those who
sympathise with the sufferings Of our unfor-
tunate fellow citizens in Mexico, and with the
unhappy condition Of that Republic, In that
event there is no reason to doubt that the
Just claims of our citizens would be satisfied,
and adequate redress obtained for the injuries
inflicted upon them. The constitutional gov
ernment have ever eyinced strong desire 10
do us justics, and this might be secured in
advance by q preliminary treaty.
| Ii may be said that these measures will at
least indirectly, be inconsistent with our wise
aud settled policy not TO interfere in the do
nestle concerns Of foreign nations. But does
not the present case fairly constitute an ex-
eeption2 An adjoining Republic is in a state
of anarchy and confusion from which she has
proved wholly unable TO extrioate herself
She is entirely destitute Of the power 70 main
tain peace upon her borders, or to prevent the
incursions of banditti into cur territory. In
her fate and in her fortune--in her power to
establish and maintain a settled government
we have far deeper interest socially,
commercially and politically, than any other
nation. She ia now q wreck upon the ocean,
driven about as she is impelled by different
factions. As q good neigbbor shall we not
extend to her a helping hand 10 save herr If
we do not, it would not be surprising should
some other nation undertake the task, and
thus force us to interfere at last, under cir
oumstances of increased difficulty, for the
maintenance of our established policy.
repeat the recommendation contained in
my last annual Message, that authority may
be given TO the President to establish one or
more temporary military posts across the
Mexican line in Sonora and chihuahua,
| where these may be necessary to protect the
lives and property Of American and Mexican
citizens against the incursions and depreda-
tions of the Indians as well as of lawless ro-
vers in that remote region. The establish
ment of one such post at point called Aris-
| pc, in Sonora, in a country now almost depop-
ulated by the hostile inroads of the Indians
from our side of the line, would, it is believed
have prevented much injury and cruelties
during the past season. A state Of lawless-
ness and violence prevails on that distant
frontier. Life and property are there wholly
insecure. The population of Arizona, now
numbering more than ten thousand souls, are
practically destitute Of government, of laws,
or Of any regular administration of justice.
Murder, rapine and other crimes are commit
ted with impunity. /, therefore, again call
the attention of Congress to the necessity for
establishing Territorial Government over
Arizona.
The Treaty with Nicaragua of the 10th of
February, 1861 to which | referred iu my
last annual Message, failed TO receive the
ratification Of the Government of that Repub-
lie, for reasons which l need not enumerate.
A similar Treaty has been since concluded
between the parties, bearing date on the 10th
March, 1859, which has already been ratified
by the Nicaraguan Congress-. This will be
Immediately submitted to the Senate for their
ratification. Its provisions cannot, think,
fail to be acceptable to the people of both
Our claims against the Governments of Cos.
ia Rica and Nicaragua remain unredressed,
though they are pressed in an earnest man
ner, and not without hope of success.
deem it TO be my duty once more earnest.
ly 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 Amer
lean citizens passing in transit across the
Panama, Nicaragua and Tehuantepec routes,
against sudden and lawless outbreaks and
depredations. | shall not repeat the argu-
meDts employed in former Messages in sup
port of this measure. Suffice il TO say that
curity Of vast amounts of treasure passing
and repassing one or more of these routes be-
tween the Atlantic and Pacific, may be deep
ly involved in the action of Congress on this
subject.
would, also, again recommend to Congress
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 con-
fscation in the ports of Mexico and the Span
ish American States, when these countries
may be in disturbed and revolutionary con-
dition. The mere knowledge that such an
authority had been conferred, as have al
ready stated would of itself, in a great de
gree, prevent the evil! Neither would this
require any additional appropriation for thu
naval service. f
The chief objection urged against the gran
of this authority is, that Congress, by con
ferring it, would violate the Constitution :
that it would be transfer of the war-mak
ing, or, strictly speaking, the war-declarinJ
power TO the Executive. If this were wei
founded, it would, Of course, be conclusive
A very brief examination, however will plac
. this objection at rest.
Congress possesses the sole and exclusiY
power, under the Constitution, "to declar
war" They alone can "raise and supper
armies" and provide and maintain navy.
But after Congress shall have declared war
and provided the force necessary to carry
on, the President, as Commander-in-Chief 0
the army and navy, can alone employ thi
force in making war against the enemy. Th
is the plain language and history proves tha
it was the wellknown intention of the fran
/ ers of the Constitution. a
7 1t will not be denied that the general s'pow
er to declare war is without limitation, an,
I embraces within itself not only what writer
> on the law Of nations term public or per
! feet war, but also an imperfect War-and, il
: short every species Of hostility, however con
fned or limited. Without the authority Q
: Congress the President cannot fire a hostil
gun in any case, except to repel the attack
! of an enemy. II will not be doubted that uI
. der this power Congress could, il they though
: proper, authorize the President to employ th
/ force at his command 10 seize O vessel b,
|, longing TO. an American citizen which ha
a been illegally and unjustly captured in a foi
: eign port and restored to its owner. But ca
Congress only act after the fact--after n
n mischief has been done2 Have they no poWs
' to confer upon the President the authority /
I advance 10 furnish instant redress shoul
n such a case afterwards oocur2 Must the
4 wait until the mischief has been done, an
> can they apply the remedy only when It Is L
2 late2 10 confer this authority 10 meet futui
4 cases under circumstances strictly specified,
4 as clearly within the wRr-declaring power
4 such anauthority conferred upon the Presidel
! by act Of Congress after the deed had bee
II done, in the progress of q great nation man
q exigencies must arise imperatiyely reQuirir
!. that Congress should authorize the Presidel
n to act promptly on certain conditions whi'