Arkansas true Democrat., 1860-01-11

Congress to pass law authorizing the President, under such conditions as they may deem expedient, to employ a sufficient military force to enter Mevico for the purpose of obtaining inden y for the past and security for the future. Ipurpose ly refrain from any suggestion as to whether this force shall consist of regular troops or volunteers, or both. This question may be most appropriately left to the decision of Congress. 1 would merely observe that, should volunteers be selected, such a force could be easily raised in this country among those who sympathise with the sufferings of our unfortunate fellow citizens in Mexico, and with the unhappy condition of that republic. Such an ac cession to forces of the constitutional gov ernm ment would enable 1t soon to reach the | City of Mexico and extended its power over the whole republic. In that event there Is no reason to doubt that the just claims of our citizens would be satisfied and adequate redress obtained for the in- juries inflicted upon them. The constitu- tional governmet has ever evinced a strong desire to do us justice, and this might be secured in advance by preliminary treaty.
 It may be said that these measures will, at least indirectly, be inconsistent with our wise and settled policy not to interfere in the domestic concerns of forei ign nations. But does not the present case fairly con- stitute an exception? An adjoining repub- lie is in a state of anarchy and confusion from which she has proved wholly unable to extricate herself She is entirely des- titute of the power to maintain peace upon her borders, or to prevent the incur cursions of banditti into our territory. In her fate and in her fortune--in her power to establish and maintain settled govern ment-we have far deeper interest, socially, commercially and politically than any other natien She is now wreck upon the ocean, drifting about as she is impelled by different factions. As good neigh Dor, shall we not extend to her helping hand to save her? If we do not, it would not be surprising should some other nation undertake the task and thus force us to in terfere at last, under circumstances of ln- creased difficulty, for the maintainance ot our established policy.
  in my last annual message, that authority may be given to the President to establish one or more temporary military posts across the Mexican line in Sonora and Chihuahua, where these may be necessary to protect the lives and property of American and Mexican citizens against the incursions and depredations of the Indians, as we'll as lawless rovers on that remote region. The establishment of one such post at a point called Arispe, in Sonora, in country now almost depopulated by the hostile inroads of the Indians from our side of the line, would, it is believed, have prevented much injury and many cruelties during the past season. A state of law lessness and violence prevails on that dis. tant frontier. Life and property are there wholly insecure. The population of Arl- zonia, now numbering more than ten thou sand souls, are practically destitute of government, of laws or any regular admin istration of justice. Murder, rapine and other crimes are committed with impunity I, therefore, again call the attention of Congress to the necessity for establishing a territorial government over Arizonia.
 The treaty with Nicaragua of the 10th February, 1S50 to which 1 referred in my last annual message, failed to receive the ratification of the government of that re- publc for reasons which l need not emu merate. A similar treaty has been since concluded between the parties bearing date on the 16th of March, 1850, which has already been ratified by the Nicaraguan Congress. This will be immediately sub mitted to the Senate for their ratification Its provisions cannot, 1 think, fail to be acceptable to the people of both countries. Our claims against the governments of Costa Rica and Nicaragua remain unredres sed, though they are pressed in an earnest manner, and not without hope of success. deem it to be my duty once more earnestly to recommend to Congress the passage of law authorizing the President to employ naval force at his command for the purpose of protecting tlIe lives and property of American citizens, passing in transit across the Panama, Nicaragua and | Iehauntepec routes, against sudden and lawless outbreaks and depredations. shall not repeat the arguments employed in former messages in support of this mea- sure. Suffice 1t to say that the lives of many of our people, and the security of vast amounts of treasure passing and re- passing over one or more of these routes between the Atlantic and Pacific, may be deeply involved in the action of Congress on this subject.
 | l would, also, again recommed to Con- gress that authority be given to the Presi- dent to employ the naval force to protect the American merchant vessels, their crews and cargoes, against violent and lawless seizure and confscation 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 has been conferred, as l have already stated, would of itself, in a great degree, prevent the evil. Neither would this require any a6di- tional appropriation for the naval service
 The chief object urged against the grant of this authority is, that Congress, by con- ferring 1t, would violate the constitution that 1t would be transfer of the war-mal1- ing, or, strictly speaking, the war-declar- ing power to the Executive. If this were | we'll lOunueu, It WOdlu, Ol CouISe, De con elusive. A very brief examination, how ever, will place this objection at rest.
 Congress possesses the sole and exclu- sive power, under the Constitution, '' to declare war" They alone can "raise and support armies" and provide and maintain a navy" But after Congress shall have declared war, and provided the force ne- cessary to carry it on, the President, as commander-in- chief of the army and navy, can alone employ the force in making war against the enemy. This is the plain lan- guage, and history proves that it was the we'll known intention of the framers of the Constitution.
 It will not be denied that the general "power to declare war" is without limita- tion, and embraces within itself not only what writers on the law of nations term public or perfect war, but also an imper- feet 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, except to repel the attacks of an enemy. It will not be doubted that under this power