Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-01-05
viii he med,ately buitte TO the Senate for their rat.

ifcaon, Its provisions cannot, think, tai 10 DC ac-
/ ceptable to the people Of both countries. .. =
Our claims against the Governperts of Costa fca ana
Nicaragua rea nnredressed though they are pressec
in manner and not without hope of success
deem it to be my duty earnestly to recon-
meud to Congress the passage OF law, authorizing the
President 20 employ the naval force at his command ior
the purpd-e of protecting the lvea and properly OIL
American citizens passing in transit across the Panama
Nicaragua and Tehuantepec routes against sudden ana
lawcss outbreaks and depredations shall not repeat
the arguments employed in former messages IN support
Of this Suffice to say that the lives OF many
Of people and the security OF vast amounts OF treas
passing and repassng over one orr more OF these
routes, between the Atlantic and Pacific, may be deeply
involved in the action of Congress on this subject
would also again recommend to Congress that author
y be given the President employ the naval force TO
protect American merchant vessels their crews and car
goes against violent and awess seizure and
in the ports Mexico and the Spanish American States
when these countries may be in disturbed and reyon-
tionary condition. The knowledge that such an
authority had been conferred, Lave already stated,
would of itself in great degree, prevent the evil
Neither would this require any additional appropriation
for the naval service.
The chief objection urged against the grant OF this
authority is that Congress, by referring it, would violate
the Consution-that would be transfer OF the war
making. strictly speaking, the war.declaring power
TO the Executive. II this well founded wond,
of course, be conclusive. A very brief examination,
however, will place this objection at rest.
Congress possess the sole and exclusive power under
the Constitution, 4" to declare war. They alone can
raise and support armies, and provide aud maintain
navy. But after Congress shall have declared war,
ard provided the force necessary to carry 1t on the Pres
dent Commander-in chief of the Army and Navy,
alone employ this force in making against the
enemy This is the plain language. and history proves
that it the well known intention Of the trainers oI
/ the Constitution.
1t will not be denied that the general power to de-
clare " is without limitation and embraces within it
self not only what writers the law of nations term
public or perfect war-and, in short every species of
hostility, however confined or limited Without the an-
thority of Congress the President cannot fire hostile
gun except to repcl the attacks Of enemy. 1t will
not be doubted that under this power Congress could if
they thought proper authorize the President to employ
tho fOrsn AZ In 4 belonging
American citizen which had been Illegally and unjust
y captured in foreign and restore it to its owner
But Congress only act after the iactaer the mis-
chief has been done? Have they power to confer
the President the authority advance to furnish instant
redress should such case afterwards occur! Must they
wait until the mischief has been DONE and they APP
ply the remedy only when it is too atel To confer this
authority to meet future cases under circumstances
strictly specified is clearly within the declaring
power as such authority conferred upon President
by act of Congress after the deed had been done In the
progress of great nation Snany exigences must arise
mpeatively requiring that Co gress should authorize
! the President to act promptly an certain conditions
which may may not afterwards arise. Oar history
has already presented NUM- er of such shall
refer My to the latest.
Under the resolution of Jane ID 1865 for the adjust
Of difficulties with the Republic of Paraguay" the
President is authorized to adopt such and
such in his judgment may necessary and
visabe in the event Of refusal Of just satisfaction by
the Government OF Para guayr Just satisfaction for
what? For the attack on the United States steamer,
Water Wit h, and other matters referred to in the
nual message OF the President Here the power Is
OF Paraguay shall refuse O render this satisfaction
In this and other and similar Congress have confer
red upon the President power in advance employ the
army and navy upon the happening of contingent future
events, and this most certainly is embraced within the
power to declare
Now if this conditional and contingent power could
be cOnsttutionaly conferred upon the President in the
OF Paraguay why may not be conferred for the
purpose protecting the lives and property of American
citizens in the event that my be violently and unlawful
y attacked in passing the transit routes and from
California or assaed by the seizure Of their vessels in
foreign port To deny this power is render the navy,
in great degree useless for the protection OF the lives
and property Of American citizens in countries where
neither protection rere,s be otherwise obtained.
The Thirtyhth Congress terminated on the 81 of
March. 1852 without having passed the act making
appropriations for the service of the Post Office Deplr
ment during the fiscal year ending the 3Oth June l>Go
This act also confined appropriation supply de
ccnces IN the revenue of the Post Occ Department for
the year ending the 3ath June. l.59' believe this is
the first instance since the origin of the Federal Govern
meat, now more than seventy years ago when any Con
gress went Out of existence without having passed all
the general appropriation bills necessary carry the
Government untI the regular period Tor the meeting ot
a new Congress. This event imposed the Executive
a grave responsibility. ltpreSentcd a choice OF evils
Had this omission Of duty occurred al the first session
of the last Congress the remedy would have been plain.
might have then instantly recalled them complete
their worI-and this without expense to the Government
But the ith of March last there were fifteen of the
hrythree States which had not elected any representa-,
tves to the present Congress Had Congress been called
together Immediately, these states would have been vir
uaIy disiranchNcd II an intermediate period had been
selected several OF the would have been compelled
to hold extra sessions OF their Legislatures at great in
convenience and expense, to provide tor elections at
earlier day than that previously fixed by law. In the
regular course ten of these States would not elect until
after the be ginning of Aug lst and five o these
! until October and November.
On the other hand, when came to examine carefully
the condition Of the Post Office Department did not
meet many great difficulties had apprehcnd-
ed Had the bill which failed been confined to appropri
a,nns Tor the fiscal year ending the 30th June
there would have been of pressing importance
for the call of extra session. Nothing would become
due contracts (those with railroad companies only
ceptcd for carrying the mail the first quarter OF the
present fiscal year commencing the lst of July until
the first of Decemher-less than week before the
meeting Of the present Congress The is that the
mail contractors for this the current year did not
pete their first quarter service until the 30th September
last and by the terms Of their contracts sixty days
allowed for the settlement Of their
before the department could he called upon for payment
The great difficulty and the great hIrdshp consisted in
the failure to provide for the payment of the deficiency in
the fiscal year ending the 3Oh june 1859. The depart
ment hld entered INTO contracts IN obedience To existing
laws for the service Of that fiscal year and the contract
were fairly entitled their compensation a. it
came due The deficiency as stated in the bill amounted
to s3SlS 2S but after careful settlement of all these
accounts 1t has been acertaned that amounts to 81
296 900. With the scanty means at his command the
Postmaster General has managed To pay that portion of
this deficiency which occurred in the fist two quarters
of the past fiscal year, ending the 3lSt December
last In the mean time the contractors Themselves under
these trying circumstances, have behaved in a
! worthy Of all commendaton. They had resource in
, the midst of their embarrasSmcnts After the amount
due to each OF them had been aScertancd and finally
settled according law, this became a specific debt Of
record against the United States which cRabcd them
borrow money this unquestionabe security. Still thy
obliged pay interest consequence OF the default
of Congress aud every principle OF justice ought to
receive interest from the government This interest
should commence from the date when warrant would
have issued for the payment OF the principal had appo
priatOn been made for this purpose. Calculated up to
ls December, it will not exceed s9G 660a not to
be taken in account when cOntasted with the great
difficulties and cmbarrassments OF public and private
character both to the people and the states which would
have resulted from convening and holding special
sion of Congress.
! For these reasons recommend the passage of bill
at early day may he practicable, To provide for
the payment OF the amount, with interest," due these
last mentioned contractors well make the
sary appropriations for the service of the PostOce De
| partment for the current fiscal year.