Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1860-01-07

But after Congress shall have declared war,
and provided tho force necessary to carry it
on, the President IS Commander Chief Of
the army and navy, can alone employ this
force in making war against the encmy.---
This is the plain language, and history proves
that it was the we'll known intention Of the
trainers of the constitution.
1t will not be denied that the general
power to declare war" is without limita-
ton, and embraces within itself not only
what writer's on the Law Of nations term a
public CT perfect war, but also an imperfect
war-and, in Short every species of HOSTILE
ty however confined or limited. Without
the authority Of Congress the President can
not fire hostile gun in any case, except to
repel the attacks Of an enemy. 1t will not
be doubted that under this power Congress
could, il they thought proper, authorize the
President to employ the force at his com.
mand to seize vessel belonging to an Amer
lean citizens which had been illegally and
unjustly captured in foreign port and re-
stored to its owner.
But can Congress only act after the fact
after the mischief has been done? Have
they no rower to confer upon the President,
the authority in advance to furnish instant
redress should such a ca afterwards &C.
cur? must they wait until the mischief has
been done, and can they apply the remedy
only when it is,too, late? 10 confer this au-
thority to meet future cases under circu,n-
stances strictly specified, is as clearly with
|in the war making power Of Congress as
such an authority conferred upon the Presi-
dent by act Of Congress after the decd had
been done. IN the progress Of great ma
tion, many exigencies mustarise, imperative
lively req uiring that, Congress should au.
tho,ize the President to act promptly on
certain conditions which may or may not
afterwards arise Our history has already
refer only to the latest.
Under the resolution Of June 2, 1853,
'for the adjustment Of difficulties with the
Republic OF Paraguay the Presidents au-
thorized ito adopt such measures and use
|such force as may in his judgement be- nee
cessary and advisable, in the event IF err
|fasal ofjust satisfaction by the government
Of Paraguay "Just satisfaction for what
For the attack on the U. S. steamer Water
Witch" and .'otller matters referred in
the ANIMAL message IL the President. Here
the power is expressly granted upon the
condition that the government Of Paraguay
shall refuse TO render this 'just satisfaction
In this and other similar cases Congress has
conferred upon the President power in ad-
vance 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 cunstitutional!yc conferred up
:! on the President in case Of Paraguay, why
may it not be conferred for the purpose o
protecting the lives and property OF Amcri:
lcan citizens in the event. that they may be
violently and uhlawtully attacked in passing
lover the transit routes to ard from Califor
mia, or assailel by the Seizure of their ;ves
sells in foreign port !? To deny this powe
is to render the navy in great degree use
less for the protection Of the lives mi
J property Of American citizens in countries
where neither protection nor redress can b
!, otherwise obtained. T.,
I The Thirty. fifth Congress terminated o,
;; the 81 Of March. 1859, WITHOUT having passes
an tAct making appropriations for the ser
vice Of the Post Office Department durin,
the fiscal year ending the 90th day Of Jun
! 1902 This Act also contained an apprro
,,Fpria,ion "to supply the DEFICIENCIES in tn
revenue Of the Post Office Department 70
!: 1.-THE year ending the 3Oth Of June, 1859"
|, believe this is tho first instance since tn
formation Of the Federal Government, nov
! more than seventy years ago, when any Con
l(gress went out of existence without havir,
ftpasscd all the general appropriation bills ne
cessary tocarry on the government until tn
regular period for the meeting of new Con
|gress. :. This event imposed on the, Execu
sftive grave. responsibility. Il presented
choice Of evils.
Al Had this omission occurred at the frs
. session Of tn, last Congress, the remed
> would have been plain. might then hav
y INSTANTLY recalled them to complete thei
: Nork-aud this without expense to the gov
: ernment. But on the 4th of March los
+ there were fifteen Of the. thirty three State
: which had net elected any Representatives 1
- the present Congress. Had Congress bee
!: called together Immediately, these State
$ would have been virtually disfranchiscd.
an intermediate period had been selected
: several Of the Staets would have been con
PEELED to hold extra sessions Of their Legi.
't latures. at great Inconvenience and expens
: to provide for elections at an earlier day tina
a that previously fixed by law In the reg,
r laf course: ten of these States would n
q elect until atef the beginning u August, an
y five Of these ten not until October and n,
: lvcmber.
j. On the other hand, when came to exam
!. inc carefully the condition Of the Post OH
NJ Department, did not meet Is many or
n great difficulties as had apprehcnded. y,
Ethe bill which failed been confined to Apr
d |priatioas for the fiscal year ending on Sc
8 Tune next, there would have been no reas,
a. |of pressing Importance for the call Of an e
o. ira session. Nothing would become due
F'i contracts (those with railroad companies on
\. exccptede Tor carrying the mai, for the I'll
&c (qaariif sofihe present fiscal sj16r,y 1oudiier
y ing. tba fest of Jaly, until the- first q.
10 IceInleT -llsss thdn one @eek6ef6se tho NE,
ty|,ng OF eshs present consrssas sThsrsason
it thatam mil aatsactors for this. the c,
n Font ga, dja not com1'ese sshsH ss ID u
-assi teEcs:o soFEf ssg