American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1860-01-05


Under the resolution OF June Cd, 1858, .'fot
the adjustment Of difficulties with Paraguay"
the President Is authorized 10 adopt such
measures and use such force as in his iude-
menl may be necessary and advisable in the
event of refusal Of just satisfaction by the
government Of Paraguay" 'Just satisfaction"
Tor whatY For "the attack on the United
States steamer Water Witch, ''and "other mat
ters referred to in the annual message of !he
President" Here the poweris expressly grants
ed upon the condition that the government Of
PsTaguays shall refuse 10 render this ''iust salts.
faction" In this and other similar cases
Congress have conferred upon the President
power in advance TO employ the army and ma
Wy upon the happening OF contingent future
events; and this most certainly is embraced
within the power TO declare war.
Now, VI this conditional and contingent
power could be constitutionally conferred up
on tie President in the case OF Paraguay, why
psyit not be conferred for the purpose Of pFo.
iecting the lives and property OF American cit.
zens in the event that they may be violently
and unlawfully att acked in passing over the
transit routes 10 and from California, or as
| sailed by the seizure OF theirvesseIs in a for
egn porti Todsny this power is to render
the navy IN great degree useless for the pro-
lection Of the lives and property of American
citizens in countries where neither protec-
ton nor redress can be otherwise obtained.
The Thirty>6fth Congress terminated on
the Sd OF March, 1859, without having passed
the "act making appropriations for the ser>
vice Of the Post Office Department during the
fiscal year ending on the 30th of June, 1861"
This act also contained an appropriation "to
! supply the Deficiencies in the revenue Of The
Post Office Department for the year ending
the 30th Of June l8i9." ] believe this is the
first instance since the origin OF the Federal
Government, now more than seventy years ago,
when any Congress went out OF existence
without having passed all the appropriation
bills necessary TO carry on the government
until The regular period for The meeting Of a
new Congress. This event imposed on the
Executive grave responsibility. 1t presents
ell choice of evils
Had this omission Of duty occurred at
the first session OF the last Congress, the
remedy would have been plain. might then
have instantly recalled them to complete
their work - and this without expense 10 the
Government. But on the 4th Of March last,
there were fifteen OF the thirty>three States
which had not elected any representatives to
the present Congress. Had Congrtss been
would have been virtually disiranchised, II an
intermediate period had been selected, seve.
raj states would bave ibeen compelled to
hold extra sessions OF their legislatures, at great
Inconvenience and expense, 10 provide for
elections at an earlier day than that previously
fixed by law. In the regular course, ten OF
these States would not elect until after The
beginning of August, and FIVE Of these ten,
not until October and November.
On the other hand, when came to exam
inc carefully the condition Of the Post Office
Department, did not meet as many or as
great difficulties as had apprehended. Had
the bill which failed been confined 10 appro.
pTlationS for the fiscal year ending on the 30th
June next, there would have been 10 reason
OF pressing importance for the call OF an ex-
ira session. Nothing would become due On
contracts Chose with railroad companies only
excepted) for .carying The mail for the first
quarter oi the present fiscal year, commencing
on the lst Of July, until the lst OF December
less thsn one week before the meeting of
The present Congress. The reason is that the
mail contractors for this the current year did
not complete their FIRST quarters service until
the 30th September last and by the terms ola
their contracts sixty days more are allowed for
the settlement OF their accounts before the
Department could be called upon for payment
The great difficulty and The great hardship
consisted in the failure TO provide for the pay
ment OF the deficiency in the fiscal year end.
ing the 30th June, 1859. The Department had
entered into contracts, in obedience 10 exist
| ing laws, for The service Of that fiscal year,
and the contractors were fairly entitled 10
their compensation as il became due The
deficiency as stated in the bill amounted to
1888 ,72S, but, after careful settlement of
all these accounts, IL has been ascertaine
that Il amounts to s4,296.009. With tho
scaniy means OF his command. the Postmaster
General has managed TO pay that portion Of
this deficiency which occurred in the first two
quarters Of the past fiscal year, ending on the
3lst December last. In the meantime the
contractors themselves, under these trying
circumstances, have behaved ir a manner
worthy Of oil CONNIE ndniion. They had one
resource in the midst Of their embarrassment.
After The amount due 10 each Of them had
been ascertaned and finally settled accord
ing TO law, this became q specific debt OF rec
ord against the United States, which enabled
them 10 borrow money on this unquesiionable
security. Still they were obliged to pay in.
teTest In consequence OF the default Of Con.
gress, and on every principle OF justice ought
TO receive interest from the Government
This interest should commence from the date
when a warrant would have issued for the pay.
ment Of the principal had an appropriation
been made for this purpose. Calculated up
to LIST December, It will not exceed DC, $3.50 dol.
lars--a sum not to be taken into account when
contrasted with the great difficulties and EN-.
baHsssments Of q public and private charnc.
ter, both 10 the people and States, which wo'd
have resulted from converting and holding 0
special session Of Congress.
\ Foy these reasons | recommend the passage
OF bill, at as early day as may be practica
BILE, to provide for the payment OF the amount
with interest, due 10 these last mentioned cons
tractors, as well as 10 make tho necessary ap
populations for the service Of the Post Office
Department for the current fiscal year.
The failure 10 pass the Post Office bill neceS
sarily gives birth TO serious reflections. Con.
gress, by refusing TO pass the general appro
priAtion bills necessary to carry on the Gov
e nment, may not only arrest it's action, but
might even destroy its existence. The army,
the navy, the judiciary, in short every depart.
ment Of the Government, can no longer per
form their functions II Congress refuse the
money necessary for their support. II this
failure should teach the oountty the necessity
Of eleciing full Congress in sufficient time ia
enable the President TO convene them in any
emergency, even Immediately after the old
Congress has expired, it will have been pro.
ductive Of great good. Ina time Of sudden
and alarming DANGER fpreign OF domestic, which
all nations must expect 10 encounter in theiI
progress, the veIy salvation OF our institutions
may he siaked upon the assembling OF Con.
gress without delay. II, under such oircum
stances, the President should find himself in
the condition in which he was placed ut the
close Of the last Congress, with nearly hall
the slntes Of the Union destitute Of repre-
sentAtives the consequences might be disas'
trous. !, therefore, recommend TO Congress L
carry into eaect:ihe provisions Of tho Constr
tuition on this subject aad to pass a law ap'
pointing some day previous tothe 4th OF MaEOl