The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-01-28
THE MoUNTAINEER. JAN IS. 1860

/ therefore again call the atiention q congress
10 the nsceasiiy for sstubllshIag Territorial
Government over Arizona.
s NICARAGUA.
The treaty with Nicaragua u thel6lh o. sbrn.
ary, 1851. 10 which I referred 10 my last annual
message, failed 70 receive the ratification q The
Government o. thai Rspublio, FOR reasons which
need not snumsraie. similar treaty has
been SINCE concInded tetween the parties. bear.
ing date on the rs o Or March. 1859. which has
already been ratified BY the Nicaraguan Con-
gTess. This will be immediately submitted 10
The Senate for their ratification. It's provisions
cannot, think fail to be acceptable % the peo-
pie Of both countries.
Our claims against the Governments OF Coata
Riea and Nicaragua remain unredressed, though
they are pressed IN an earnest manner and mot
without hops Of success. h
APfLIcArioN ron MORE AUTHORITY.
deem Il 70 bs my duty once more saFaestIy
70 recommend TO Congress the passage of law
authorizing the President 10 employ the naval
force It bis command for the purpose 0f pro.
tscting the lives and property or American eli.
gems passing In transit across the Panama,
i NicaFaRua, and Tehuantepec routes, against
sudden and Iawless outbreaks and denredaiions
l shallno repeat The arguments employed In
former Messages IN support Of this measure
Suffice Il 10 say, that the lives Of many OF our
people. and the security Of vast amounts Of
treasure passing and Tepasslng over one OF more
OF ihess routes between The Atlantic and Pacific.
may Be deeply involved in the action Of Con-
\ gfess on this subject
would also again recommend that authority
/ be given 10 Tie President to employ the naval
/ force TO prot ect American merchant yessels,
their crews, and caIgoes,a against violent and laws
less seizure ard coEfscation In the ports Of
4 Mexico and The Spanish American States, when
lt1,s
]Intionary condition. The mere knowledge that
i such an authority had been conferred, as have
already stated. would of Itself, in great degree
prevent the evil. NeitheTwould this require any
Il additional appropriation for the nayaI service.
1 The chief objection urged against the grant Of
this authority u, that Congress, by conferfing Il
would violate the Consultation il would be
4 transfer Of the war making, o., strictly speak
ings the Notwithstanding power 10 the Executive
i lt this were well founded. il would, % coarse,
i.hecoDclusive. Avery brief examination, how.
ever, will place this objection IL rest.
II Congress possesses the sole and exclusive power
under the Constitution, sst0 declare war; They
alone can .'raise and support armies, and tspro.
vide and maintain navy Bot after Congress-
shall have declared war, and provided the fore.
necessary 10 carry il on, the President, as Com.
Misunderstanding Of the Army and Navy, cal
alone employ this force 10 making war agains
the enemy. This i the plain language, ans
history proves that IL was the wellknown in
intention Of the trainers or the Consultation.
II will not be denied that the general spowel
TO declare WARP is without limitation, and EN-
braces within itself notOnly what writer's on III,
, =. naslons seIl pupslu y Peitesi war, ou
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|, Under the resolution Of June 3, 1888, sfor III
!. adjustment Of difficulties with the Repnblie /
Paraguay" The President y saathorized 20 adoI
Z such measures and use such force as "a his judi
4 ment may be necessary and advisable IN u
event OF refusal OF just satisfaction by the to'
Z erntnent ct Paraguay. "Jlsi salisfactioil',
!. WHAT /. EsF. ne attack on ne United Stat'
4 steamer Water Witch, 2 and .sother mattersTefe
= red 10 u Ahe annual message q the President.
n Y Here the powers expressly granted lpon q
. y cohditlon ulat the Sove1nmeat Of Paragna
shall refuse 70 render this "jist satisfaction.
7 In Thu and other similar cases Congress hay
conferred upon the President power in adyale
q 10 employ the army and navy upon the harper
y ling Of contingent future events; and this mo-
certainly is embraced within the power 10 declsi
y war. s Il i, Y. ~ Il, FL.
= Now,H this conditional and contingent pow,
y could be colstitniionally conferred upon Il
= President 10 the case OF Paraguay. why may
70 mot he c0nfa AZ red for tina nt1rnoaa NJ air