Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-01-06

o the Senate for their ratification. Its pro-
7isions cannot, think, fail to be acceptable to
he people of both countries.
Our claims against the governments OF Costa
Rica and Nicaragua remain unredressed, though
they are pressed in an earnest manner, and not
without hope of success.
l deem it to be my duty once more earnestly
TO recommend to Congress the passage Of a law
the President to employ the naval
force at his command for the purpose of pro-,
tecting the lives and property of American citi-
zens passing in transit across the Panama, Mic
aragua, and Tehnantepec routes, against sudden
and lawless outbreaks and depredations.
shall not repeat the arguments employed in
former 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 re-passing over one or more OF
these routes between the Atlantic and Pacific,
may be deeply involved in the action OF Con
gress on this subject.
would also again recommend to Congress that au,
horty be gwen to the President to employ the naval
force to protect American merchant vessels, their
and cargOes against violent and awleSs seizure
and confscaon in the ports of Mexico and the Span
sh American States when these countries may De DIS
turbed and in a revolutionary condition. The mere
knowledge that such an authority had been conferred
as have already stated. would, ITSELF In great
degree, prevent the evil Neither would this require
any additional appropriation for the naval service.
The chief objection urged against tue grant OF tnls
authority is, that Congress, by conterrlng 1t, would
violate the constitution it would be transfer
of the war-making Or strictly speaking. the war-de
claring power to the executive. Ii this were well
founded it would OF course be conclusive; very
brief examination will place this objection at rest
Congress possesses the sole and conclusive power,
under the constitution, "to declare war; Iney alone
can "raise and support armies and .ProVaae anu
maintain navy" But after Congress shall have de-
cIared war and provided the force to carry 1t on,
the President al commander inchieto the Army and
Navy, alone employ this iorce IA making wa
gainst the enen ThisIs the plain i@ogu2ses g =.
history proves that it is the weAnown intention OF
the trainers of the Constitution.
It will not be denied that the general spower to
declare war; is without limitation, and embraces
within itself not only what writers on the law OF ma
tons term public or perfect war, but also an lmper
feet war-and, in short, every species OF nosti1y,
however confined or limited. Without the author
ity of congress the President cannot hre nostlle
gun in any case except to repe the attacks OF an en-
envy. 1t will not be doubted that under this power
Congress could if they thought proper authorize the
President to employ the force at his command to seize
vessel belonging to an American citizen winch nao
been illegally and unjustly captured in foreign port
and restore il to its owner But can Congress only
after the actatter the mischief has peen zone
Have they no power to confer upon the IIs
authority in advance to furnish instant redress shoua
such aIcase afterwards occur? Must they walt until
the mischicfhas been done, and can they apply the
remedy only when it too late? To confer this au-
strictly specified. is clearly within the wardeclar
ing power as such authority conferred upon IT.,
President By act of Congress after the deed lad beer
done. In the progress OF great ..ation many ext
gencles must arise lHpera".s,y requiring that Con
gress should authorize the President to act promptly
on certain Conditions which may may not aerwart
arise Our history has already presented a numbe
OF such cases. l shall refer only to the latest
Under the resolution of June 2nd 1858, for the ad
justment of difficulties with the republic of Paragu
aY the President is authorized to ADOPT such meas
ures and use such force in his judgment may b.
necessary and advisable in the event OF refusal
just satisfaction by the government OF Paraguay
Just satisfaction" for what? For "the attack on thu
United States referred to in the annual
sage of the President" Here the power is expressl.
granted upon the condition that the government o
Paraguay shll refuse to render this ust satisfaction
In this and other similar Congress have confer
red upon the President power in advance to employ
the army and navy upon the happening of contlngen
future events; and this most certainly is embraced
| within the power to declare war
l. Now, it this conditional and contingent power cOul(
be constituuonaly conferred upon the President il
the of Paraguay why may it not be conferred to-
the purpose Of protecting the lives and property OF
merican citizens in the event that they may be VIC
lently and unlawfully attacked In passing over th
transit routes to and from California, assaed b.
the seizure of their vessels in foreign port? To de
ny this power is to render the navy IN great degre
useless for the protection of the lives AMI property
American citizens in countries where neither protec
ton redress can be otherwise obtained
1
March, 1859, without having passed the ssact maxim!
appropriations for the service of the Post Office De
partment during the fiscal year ending the 3Oth o
June 1902 This act also contained an approprla
ton sto supply deficiencies in the of the Pos
Office Department for the year ending the 3oth June
1882 believe this is the hrst instance since thu
origin Of the Federal Government, now more thai
j seventy wears ago when Congress -yeIt aat q
existence without having passed all the general ap
preparation bills necessary to carry out the govern
ment until the regular period for the meeting ola
Congress This event imposed on the Exeea I've grea
resp visibility. 1t presented a choice OF evils.
Had this omission of duty occurred at the first ses
sion the last Congress the remedy would have beer
plain. might then have instantly recalled them t
complete their work-and this without EXP ense to III,
Government. But on the 4th of March last there
fifteen of the thirty three States which had
elected any representatives to the present Congress
Had Congress been called together Immediately, these
States would have been virtually dsfranchised. L
an intermediate period had been selected, several o.
the States would have been compelled to hold extra
sessions of their legislatures at great inconvenience
and expense to provide for elections at earlier
day than that previously fixed by law. In the regu
lar 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 examine care
fully the condition of the Post Office Department,
did not meet many great difficulties as I had
apprehended Had the bill which failed been conf.
ned to appropriations for the fiscal year ending on
the Both June next, there would have been reason
of pressing Importance for the call of extra ses-
sion. Nothing would become due on contracts (those
with railroad companies only excepted) for carrying
the mail for the first quarter of the present fiscal
commencing the first Of July, until the first of De.
cemberless than week before the meeting of the
present Congress The reason is that the mail con-
tractors for this the current year did not complete
their first quarters service until the 30th September
ast and by the terms of their contracts sixty days
allowed for the settlement of their accounts
before the Department could be called upon for pay
ment.
The great difficulty and the great hardship consis.
ted in the failure to provide for the payment of the
deficiency in the fiscal year ending the 3Oth June,
1859 The Department had entered into contracts in
obedience to existing laws, for the service of that s
cal year, and the contractors fairly entitled to
their mpensation it became due. The deficiency
stated in the bill amounted to So 838 72S but, af-
ter careful settlement of all these accounts to 81
296, 009 With the scanty at his command, the
Postmaster General has managed to pay that portion
of this deficiency which occurred in the first two quar-
ters of the past fiscal year, ending the 31st Deem
Der last. In the meantime the contractors themsel-
yes, under these trying circumstances, have behaved
in manner worthy of all commentator. They had
one roe in the midst of their embarrassments-
After the amount due each OF them had been
tanned and sette according &c law, this became spe-
cihc debt of record ainst the Un. ed States which
| enabled them to borrow money this unquestiona-
BILE security Still they obliged to pay interest
in consequence of the defanit Of Congress, and on
every principle of justice ought to receive interest
from the Government. This interest should com
mence from the date when warrant would have been
issued for the payment of the principal had arpro-