Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1860-01-04

given II the President Is establish use ~ muge
temporary military pests across the Mex cai
lIae ia Soan-a AID Cuih- ahla, Nhtra tie>C nlay
he necessary to project ia lives atd pr1pesty at
American aad MexicaI citizerS against ih- M
curSions and depredsiio - Of the lGd-a -. as
well as Of laOle's roverS IN Thai Remote regain.
1hs eSlabl slnelt of oassuch lost 1t = TuI Il call
al Ari~ope. in S0no-a Ia Z cOlatry nDT al most
d populated by the hustlcinrHa i Of the Indians
from our side OF the line, would, 1t Is believed,
have prevented much injury AID c~ruelIies dur
Iug the past season. A state Of lawlessness aid
violence prevails on that distant frontier. Life
and property are there wholly insecure. The
population Of Arizona. ROW numbering more
than ten thousand souls. are practically desti-
Iuie of government. of laws, OF any regular ad-
AinistratiOn Of justice. Murder, raplne and
other crimes are committed with impunity. i,
therefore. again call the attention Of Congrcss
to the recessit for establishing 4 Territorial
Government over Arizona.
The Treaty with Nicaragua of the 10th of
February. 1857, 10 which l referred in nav last
annual Message, failed 10 receive the ratification
Of the Government of that Republic, for rcaS-
ons which need not enumerate. 4 similar
Treaty has been since couclu+ed between the
parties. bearing date on the 10th March. 1859.
which has already been ratified by the Nicara-
guam Congress. This viii be Immediately sub
mitted to the Senate for their ratification. Its
provisions cannot, l think. fail to Dc acceptable
to the people of both countries.
Our claims against the Governments OF Costa
Rica and Nicaragua remain unredTessei, though
they are pressed in an earnest manner, aad not
without hope of success.
/ deem il TO b. my duty once more earnestly
TO recommend To Congress the passage of 4 law
Suthorizing the President to employ the naval
ftzce ct his command FIR the purpose Of project
iag the lives and property of American citizens
passing in transit across the Panama. Nicaragua
and Tcbauntepec routes, against suddcn and
izwless outbreaks and depred1i:Dns. ! shall
not repeat the arguments employed in { rmrr
Messages in support of this measure. Suffice 1t
10 say that the lives of many of our people, and
the security of vast amounts of { eaSure passing
ard repaSsing one or more of these routes b.
tween the Atlantic and Pacific. may be deeply
involved IN the action of Congress on this sub
ject.
would. also. again recommend 10 Congress
that authority be given to the President to en-
lloy the naval force TO protect American mer-
chant vessels, their crews and rargOes, against
violent and lawleSs seizure aud eoufi>ca,!On ia
the ports of Mexico aud the Spanish American
States, when these countries NAV be in a dis
turbed and revolutionary condition. The mere
knowledge that such an authority bad been con-
Serred. As | have already stated, would Of itsclf.
in q great d-gree, prevent the evil. Neither
would this require any additional appropriation
for the naval service.
The chiefobjection urged against the grant of
this authority IS, that Congress, by confvrlinE
II, would violate the Constitution -thati it would
be a transfer of the war-making. or. strictly
speaking. the war-deciaTing power II the BNec-
alive. If this were well founded. it would. Of
70 .rse. be conclusive. A verv brief examina-
ton. however, viii place this objection at rest.
Congress possesses the sole and exclusive
power, under the Constitution, Ito declare wa.
They alone can raise and support armies, and
."pr0viie and maintain anavy." But after Con-
Ercss shall have declared war, and provided the
force necessary to carry it on, the President, rs
Commander-in Chief of the army aud navy.
can alone employ this force in making war al
gainSt the enemy. This Is the plain language.
aud history proves that it was the well-knOwn
intention Of the trainers Of the Constitution.
Il will not be denied that the general power
To declare war is without limitation, and EN-
braces within itself not only what writers on
The law of nations term Il public or perfect war.
mt also an imperfect war-and. in short, every
species Of hostility. however confined or limited.
Without the Authority of Congress The President
cannot fire a hostile gun in any case, eXcart 10
repel the attacks of an enemy. 1t viii not be
doubted that under this power Congress could.
If they thought proper, authorize the President
To EMPLOY the force at his Command 10 seize 4
vessel belonging to an American citizen which
had been Illegally and u~njusily captured in a
foreign port and restored 10 lis owner. Bat can
Congress only act after the fact-after the mis-
chief has been done? Have they nO power Il
confer upon the President the authority in ad-
vance to furnish instant redress should sach a
case afterwards occur2 Must they wait until
the miSchiefhas been done. and can they aDplv
the remedy ONLY when il is too late? To confer
this authority to meet future cases undgr circuu-
stances strictly specified, is as CLEARLY within the
wa.-declaring power as such an authority con
- - = - 80 Il -. 80
ter the deed had been done, in the progress Of 4
great ration many exigencies must arise imper-
ativcly requiring that Congress should authnl-
ice the President TO act promptly on certain con-
diti0rs which NAV or may not afterwards arise.
Our history has already presented a number of
sach cases
Under the resolution of juno J. 1855, "iar the
adjustment of difficulties with the republic of
Paraguay" the President Is authorized 10 a
dept such measures and use such fore, A. in his
Judgment may be necessary and advisable in
the event of 4 refusal of lust satisfaction nv the
gorernment of Paraguay" Just satisfaction
for WHAT" For 1.-The attack on the United
States steamer Water Witch" and "other mat
tiers referred TO in the annual messaye Of the
President" Here the power is expressly grant
Ell upon the condition that the government of
Paraguay shall refuse to render this Just satis-
factioa." In this and other similar cases Con
eress have conferred upon the President POKER
in advance to employ the armv and navy upon
1he happening Of contingent future events; and
this most certainly is embraced within the pow
er to declare war.
Now, ifthis conditional and contingent pow
er could be cnnstitutionally conferred uPon the
President in the case of Paraguay why NAV 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 unlaw-
fully attacked in passing over the transit routes
TO and from California or asSailed BY the seizure
OF their vessels in a foreign portZ To deny this
rover is to render the navy In n great degree use
less for the protection of the lives and property
of American citizens in countries where neither
protection nor redress can be otherwise Obtained.
The Thirty-ff h Congress terminates on the
81 of March, 1883, without having passed the
-~act making appropriations f. the service of
fde Post Office Department during the fiscal
vear ending the 30th of June, 1862 This act
also contained an appropriation Ito supply de-
h~ciencies in the revenue Of the Post Odice De-
pa rent for the year ending the Both Of June.
1889" | believe this the first instance since
the formation of the Federal Government, now
more than seventy years ago, when any Con-
gress went ont of * stence without having pass
ed all the general appropriation bills necessary
10 carry on the government until the regular pc
riod Elr the meeting of a new Congress. This
eveat imposed on the executive a grave resPon-
sibil ty. 1t pre- entcd 4 choice OF evils.
Had this omission Of duty occurred at the first
session of the last Congress. the remedy would
hare been plain. l might then have instantly
recalled them to complete their work-ald this
without expense 10 government. Bnt on the
9TH of March last I ere were fifteen Of the thirty
three States which had not elected any repre-
seutatives TO the present Congress. Had Con-
gress been called together Immediately, these
Statss would have been vir ually DISTINGUISHED.
If an iutermediate period had been selected, sew
eral of the Sizies would have been compelled To
hold extra sessions of their Lee %islatures. at great
Inconvenience and expense. to provide for cleo
tions st an earlier day than that previously hx-
cd bv law. In the regular course; ten Of these
States would not elect until after the beginning
of August. and five ofthese ten not until Octo-
Der and November.
D., the other hand, when | came TO examine
rsref lIlv the condition Of the Post Office De-
partn-nt. I did not meet Is many or a. great
difficulties rs / had apprehended. Had the
bill which failed been confined 10 appropria-
lions for the fiscal wear ending on the S0th
June next, there would have been no reason OF
pressing Importance for the call Of an extra ses-
ZION. Nothing would become due on coniractSl