Wabash express., 1860-01-04


/ repeat the recommendation containe
in my last annual message, that authorit
may be given to the President 10 establish
one or more temporary military post
across the Mexican line in Sonora and Chi
huabua. where these may be necessary {,
protect the lives and property of American
and Mexican citizens against the incursion
and depredations OF the Indians, as vel
as of lawless rovers on that remote re ion
| The establishment of one such post at
point called Arispe, in Sonora, in coun
/ try now almost depopulated by the hostil,
I inroads OF the Indians from our side Of the
line, would, it is believed, have preven tee
much injury aud many cruelities during
the past season. A state of lawlessnes,
and violence prevails on that distant iron
tier. Life and property are there wholly
insecure. The population of Arizonia
now numbering more than ten thousand
souls, are practically destitute Of govern
ment, of laws, or cf any regular admins
tration of justice. Murder, rapine, and
other crimes are committed With impunity
/, therefore, again call the attention of Con
gress to the necessity for establishing a
territorial government for Arizona.
The treaty with Nicaragua of the 18th
February, 1857, to which referred in my
last annual message, failed TO receive the
ratification of the government of that Re-
public, for reasons which need not emu.
merate. A similar treaty has been since
concluded between the parties, bearing
date on the 10th March, 1859, which has
already been ratified by the Nlcaraguan
Congress. This will be Immediately SUBJ
mitted TO the Senate for their ratification.
Its provisions cannot, think, fail to be
acceptable to the people of both countries
Our claims against the governments Of
Costa Rica and Nicaragua remain unre.
dressed, though they are pressed in an
earnest manner, and not without hope of
success.
l deem it to be my duty once more ear
nestly to recommend to Congress the pas.
sage of a law authorizing the President TO
employ the naval force at his command for
the purpose Of protecting the lives and pro
perty OF American citizens passing in tran
sit across the Panama. Nicaragua, and Te-
hauntepec routes, against sudden and law
less outbreaks and depredations. | shall
not repeat the arguments employed in for
mer messages in support of this measure.
Suffice it to say that the lives Of many of
our people, and the security of vast
amounts Of treas ure passing and repassiug
over one or 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 Con-
gress that authority be given TO the Presi.
dent 20 employ the naval force to protect
American merchant vessels, their crews
md rOoac anoipet v,olart ,rI lo-loa.
seizure and confiscation in the ports OF
Mexico and Spanish American States.
when these countries may be in disturb
ed and revolutionary condition. The mere
know ledge that such an authority had
been conferred. as have already stated,
would of itself, in great degree, prevent
the evil Neither would this require any
additional appropriation for the naval SER
vice.
The chief objection urged against the
grant of this authority IS, that Congress,
by conferring it, would violate the Consti.
tution-that il would be transfer OF the
war-making, or. strictly speaking. the war
declaring power 10 the Executive. If this
were we'll founded, it would, of course, be
conclusive. 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 main
tain a navy" But after Congress all
have declared war, and provided the force
necessary to carry il on, the President, as
Commander in-Chief of the Army and Ma
Wy, can alone employ this force In making
war against the enemy. 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 J.
tion, and embraces within itself not only
what writer's on the law of nations term a
public or perfect war, but also an imperfect
war-aud, in short. every species of hos
tility, however confined or limited. With
out the authority of Congress the President
can not fire hostile gun in any case, ex-
cept to repel the attacks of an enemy. II
will not be doubted that under this power
Congress could. il they thought proper.
authorize the President to employ the force
at his command to seize a vessel belonging
to an American citizen which had been il
legally and unjustly captured in foreign
port and restore it to its owner.
But can Congress only act after the fac.
after the mischief has been done? Have
they no power to confer upon the President
the authority in advance to furnish instant
redress, should such a case afterwa ard oc-
curf Must they wait until the mischief
las been done, and can they apply the
remedy only when it is too latef To confer
this authority to meet future cases under
circumstances strictly specified. is as clear.
ly within the war-declaring power as such
an authority conferred upon the presidea'
/ by act Of Congress after the deed had beer
done In the progress of great natior
many exigencies must arise imperatively
requiring that Congress should authorize
| the President to act promptly on certain
conditions which may or may not after
wards arise. Our history has already pre-
refer only to the latest:
Under the resolution of June I'd, 1858
"for the adjustment Of difficulties with tn,
Republic OF Paraguay" the President il
"aulhorized 10 adopt such measures ane
necessary and advisable in the event of
refusal Of just satisfaction by the govern
ment of Paragua." "Just satisfaction" 70
Nuutg FOI tue ou Tue " uIits
States steamer Water Witch" and "othe
matters referred to in the annual messag
of the President" Here the power is ex
pressly gfanted upon the condition tha
the government Of Paraguay shall refus
to render this ''just satisfaction" In thi
and other similar cases, Congress hav
conferred upon the President power in sd
vance TO employ the army and navy upo
the happening OF contingent future event,
; and his most certainly is embraced will
in the power TO declare war.
Now, if this conditional and contingei
power could be constitutionally confeTe
upon the President in the case Of Paragua
why may it not be conferred for the purpo
of protecting the lives and property
American citizens in the event that the
may be violently and unlawfully attacks
in passing over the transit routes to al
from California, or assailed by the seizu
of their vessels in a foreign port? To der
! this power is TO render the navy to gre
degree useless for the protection Of theliv
and property Of American citizens in cou
tries where neither protection nor redre
. can be Otherwise obtained.
The thirty fifth Congress terminated ,
the Sd of March, 1859, without haviI
passed the "act making appropriations
|, the service of the Post Office Departme
b during the fiscal year ending June 80, 1850
e This act also contained an appropriate