Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1860-01-05

already been ratified by the Nicaraguan Con-
gress. This will be Immediately submitted to
the Senate for their ratification 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 undressed, though
they are pressed in an earnest manner, and not
without hope of success
deem it to be my duty oncemore earnestly to
recommend to Congress the passage of law
authorizing the President to employ the naval
force at his command for the purpose of protect
ing the lives and property of American citizens
passing in transit across the Panama Nicaragua
and Tehuantepec routes, against sudden and
lawless outbreaks and dcpredations 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 passing
and repassing over one or more Of these routes
between 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 confsca-
tion in the ports of Mexico and the Spanish
American States when these countries may be
in disturbed 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 APP
preparation for the naval service
The chief objection urged against the grant of
this authority is, that Congress by comforting
it, would violate the Constitution-that it
would be q transfer of the war-making, or,
strictly speaking, the war declaring power to
the Executive. If this were we'll founded, it
would, of course, be conclusive A very brief
examination, however, will place this objection
at rest
Congress possesses the sole and exclusive
power, under the Constitution, "to declare
war They alone can ''rase and support
armies, and " provide and maintain navy
BIT after Congress shall have declared war, and
provi ed the force Necessary to carry it on, the
Prgs emit. as Commdndcr-in Chief of the army
and ravy can alone employ this force in
making war against the enemy. This is the
plain Iangaagp, and history proves TINT it was
the well known intention of the trainers of the
Constitution.
1t will be denied that the general ''power to
declare war is without limitation, and en-
braces within itself not only what writer's on
the law of nations term public or perfect war,
but also an imperfect wm-and, in short, every
species of hostility, however confined or limited
Without the authority Of Congress, the Pres-
dent cannot fire a hostile gun in any case,
except to repel the attacks of an enemy 1t
will not be doubted that under this 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 American
citizen, which had been illegally and unjust.
captured in foreign port, and restored to its
owner. But Gun Congress only act after the
fact-after the mischief has been done? Have
they no power to confer on the President the
authority, 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 when it is toe
late?
10 confer this authority to meet future cases
under circumstances strictly specified, lis as clear
ly with the war-declaring power as such an
authority conferred upon the President by ACT
of Congress after the deed had been done. In
the progress of a great nation many exigences
must arise imperatlvely requiring that Congress
should authorize the President to act promptly
on certain conditions which may or may not
afterwards arise. Our history has already pre-
sented a number of such cases. | shall refer
only to the latest.
Under the resolution of June 2, 1858, for
the adjustment of difficulties with the republic
of Paraguay, the President is ''authorized to
adopt such measures and use such force as in
his judgment may be necessary and advisable in
the event of a refusal of just satisfaction by the
government of Paraguay" "Just satisfaction
for what For 'the attack on the United
States steamer Water Which, and other
matters referred to in the annual message of the
President" Here the power is expressly grant
ed upon the condition that the government of
Paraguay shall refuse to render this "iust
satisfaction. In this and other similar cases
Congress have conferred upon the President
power in advance 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, if this conditional and contingent power
could be constitutionally conferred upon the
President in the case of Paraguay, why may it
not be conferred for the purpose of protecting
the lives and property of American citizens in
the event that they may be violently and un-
lawfully attacked in passing over the transit
routes to and from California, or assaied by the
seizure ftheir vessels in foreign port? To
deny this power is to render the navy in great
degree useless for the protection of the lives and
property of American citizens in countries
whore neither protection nor redress can be
otherwise obtained.
The Thirty-ffth Congress terminated on the
third Of March, 1859, without having passed
the "act making appropriations for tile SER
vice of the Post Office department during the
fiscal year ending the Both Of juno 1860 y