The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1862-05-15

not Oeen put tO the shame al perpefu.
ating the case Of rebel. But no one
can suspect that the patriotic soul OF
OF Marshall would have sought out any
such subtitle distinction between foreign
war and rebellion as would have ex
tended to- a blood stained rebel favurs
withheld from foreign cnemy'engaged
in honorable war by the command of
its sovereign. sos g
But the honorable Senator from iii.
nois, (Mr. Truinbull, who reported this
bill, has go ably and conclnsivrly re.
piled to this objection that it wohld be-
useless, and even unkind, in me longer
To detain the Senate upon it.
come to another objection. We
are told by the honorable Senator from
Pennsylvania, who sits fartherest from
me. Mr.. Cowan,) thai, although the
power of seizure and contiscaiion is
lodged in the Government of the
United States, yet that Congress is
not vested with it, and that it pertains
exclusively to the President in virtne
of his prerogative as Commander in.
Chief OF the Army and Navy; that, as
1T is but an instrument of war, it is for
him, not for ns, to WELD it; that an ut.
tempt on our part to use it or to regu-
late its use would be n usurpiion of ain
authority which is his; and all that
Congress is permitted To Il" is to furn-
ish the supplies Of men and money.
/ fear the honorable Senator has
been more attentive to the pecnliari,ies
of the English Constitution than those
of our own. 1t is beyond doubt one of
the prerogatives of the British sOver-
eign, not only Ia declare war, but la
raise armies, build, equip, and man
navies, AMI to carry on war by land
and sea, without the consent of Parlia
ment, aud without in any way consult.
ing them. He has the whole of the
war making power in his hands, and
may use it against whom he l,lcases and
so long as pleases, subject to n" check
by the Parliament, except the right and
the power tn withhold the taxes for
paying the expense. Subject 10 that
single embarrassment - not by aDy
means legal restriction, for he may
borrow money without the consent of
Parlament-his power is as absolute
over the whole field of war and all its
operations as that Of the most absolute
deSpot.
Sir, is that our cause ? Have the
people of the United States stripped
themselves of all power 10 control the
operations of the wars in which they
may be involved? il nothing left To
their representatives but to furnish the
men, the material, and the money and
are their orders rs To the mudrin which,
and the purpose Tor which, these shall
he used, totally powerIess and void !?
And does the Constitution subject tu
the will of the President exclusively
the use of the military force in all the
details of the service, and authorize him
alone to say when aud whittier it shall
move, what expedition it shall or shall
not undertake, what implements of war
it shall or shall not employ, what ar
J mistices it shall or shall not agree to,
what places it shall attack and what il
shall spare, what property of the enemy
it shall or shall not seize, and when a
campaign shall begin and when end ?
, | cannot, sir, assent TO this. 1t is
against the genius of free government
and, in my opinion, utterly irresoncila.
. hle with the provisions of the Cunsti,
r tuition.
: Among the powers expressly granted
To Congress by the Constitution is the
2 power TO declare war; tha, is, To enact
: by a formal statute that state of war
= shall exist between the United States
: and foreign Government, thus con
: terrlng upon our people the belliycrrni
: rights created by the usages of war aud
!. the laws of nations, ami recognizing
r the same rights in the subjects of the
! adversary Government. This act or
' declaration cannot, however, be neccs
Z sary as preliminary to All actual state ol
u war: for it is obvious that no nation i.
: under any legal obligation tn make a
D formal declaration of war before i,
= draws the sword, whether of attack al
1 deienses and the United States may
e may not only be assaiied by the arm.
a of hostile Government, and made, t.
all intents and purposes, a bclligercnl
: Power, but, like other nations, may
s Whenever their safety, their interest ol
: their honor shall require it, actually cn
i gage in war without the ceremony of .
e declaration by Congress. They may
$ doubtless authorize the President, in :
: contingency, to make war. 1t may he
e cliivalrous, courteous, and humane, "a
S send the herald into the enemy's tern
!, tory to proclaim the approach OF tho
# warriors; but it is not legal obllga
- tion, and has not been So considered 10y
II nations, either ancient or modern /; ant
i the United States have ON more than
4 one occasion dispensed with the for,na
e announcement when about To max,
e war upon public enemies. We have
If never declared war upon the Inlia,
II tribes; We embarked in the war Will
r Mexico, and actually engagc.li in it with
+ out declaration. Aud in the case %
n a defensive war, in which we are at
y tackled by foreign Power, as for in
II stance, we were attacked by Grea
e Britain before the formal declaration D
= June, 1912, i, is, of course, folly 10 pre-
e tend that the natinn may not be actual
,. ~ engaged in war unless by aud unde
2, a declaration 10y Congress.
4 Such declaration is not essential {,
lr the existence of belligerent rights, no
l. to the actual existence of public war