The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-05-07

D0Dr0~ V0040SY u oSeoSA - 0tsSboC ~ boO
Usisei Ss.tes may only Be asssiled by the arms
az heseiIs Government, and made, 70 al inssnts
and purposss,a belligerent power, but like other
nations, may, whenever their safety, their inter
sses - their honor shall require IL, actually en-
eass In var without the ceremony Of declara-
tsa By Congress They nay dosbaess authorize
Tie Psssidsnt, in . cootiogsscy, TO make var
Il may b chivalrous courteous, and humane TO
send the herald into the enemy's territory 70
proclniu the approach Of the warriors but il 10
pos legal obligation, and has not been % con-
sidesed Sy nations, either ancient or modern !;
and the United States have on more than one
occasion dispensed with the formal announce
usss when about to make var upon public enc
mics. We have never declared war upon the
Indian tribes; Ne embarked in the war with
Mexico, and actually engaged in it without .
declaration. And in the case Of . defensive war
for instance, ws we're attacked by Great Britain
before the formal declaration of June, 1912, il
i, Of course, folly TO pretend that the nation
may net be actually engaged in war unless BY and
under . declaration Of Congress.
Such . declaration 10 not essential to the exis-
tsnee Of beLgerent rights, nor 70 the actual exis
tsnes Of public var. The clause seems rather
Intended - . restriction upon the Presidents
authority q Commsnder.in- Chief OF the Army
and Navy, preventing him from performing any
aggressive oct leading to var with q foreign
Pows IL vas . warning to him not in any case
without the consent Of the Legislature to give
such orders 70 the Army or the Navy a. should
lead, naturally, to state Of hostility with other
esuntries-indeed, . restriction, q curb upon his
poser ofc0mmand. keeping him At Ill times within
the boundaries Of peace and amity With the rest
ef the world. But surely no one will contend
that the clause, shall have power TO declare
var" grants TO Congress any right or faculty
which they would not Possess without il; no
enc vill urge that il is we're not found in the
70 involve the nation in var. Without il, could
the States either severslly or jointly make and
cary on var? No; because by the Constitution
they ere expressly prohibited to engage in var
unless invaded or in such imminent danger OF
being invaded - not TO sdmit Of delay. The
States cannot resort even 70 the ordinary means
Of self defense. for they are expressly forbidden
in time OF peace, to keep troops or ships Of
war. Congress, on the other hand, is clothed,
With the express powers to raise ard .uppor,
armes to provide and MAINTAIN . navy to pro-
vide for organizing, arnnr aid dieciplining the
militia, ana governing such part Of them a. us,
b employed in the service Of the United
States 70 call them forth to execute Laws OF
the Union, suppress insu, rec,ion, aid repel IN
vseioa.
The power to raise ard support armies and 70
provide and maintain q navy would be totally
Dugatory Without the poser to employ them
They are raised and supported, provided ana
maintained to the very end ard purpose that
they may be empo. ed, and employed for the
same objects that other nations employ them,
that IL, 70 engage IN ana carry var, y Ia.
the var be just or unjust, whether il be one o,
aggression OF conquest, or oil defense aud sell
protection. The character Of the war. whether
right or wrong, 10 necessarily excluded from the
discussion Of the question of the power 70 en-
gage in it.
1t follows then, clearly enough, that Congress
in the absence OF the mere power 70 declare war
would have possessed, by the plainest and most
irresistible implication, the power to wage il and
involve the nation in oil the consequences of pub
lie and lawful war; and that the clause in ques-
ten does not. in fact, contribute one iota to the
quantun Of power they possess. 1t was plainly
intended - . caution-yss. l must 90 further
- Prohibition to the President, whether acting
- . Command, r.in Chief of the Army and Ma
W, Or in forum & treaties with foreign Govern
nsnts. against any assumption BY him Of the
right the power, or the duty Of involving the
nation in war With another nation, leaving the
whole right, the whole duty Of initiating . na-
tional var for any purpose except that of sell
defense, TO Congress, to the Law making power.
And the other clauses to which have referred,
plainly and expressly confer on Congress the
supreme authority to conduct and control the
operations Of the military forces Of the country.
For If il DO the exclusive right Of Congress
not eely TO raise and support armies and nsvies
bat (which 10 an irresistible and immediate in
isssncs) TO use and employ them for warliks pur.
pssea. they must possess also the power TO con.
Ssel every movement Of the Army and Navy in
actual service, whenever they shall see fit 90 "a
%. They cannot indeed supersede the Presi
dent in the chief command, but they possess the
undouhtsd power under the Constitution to srb
jeet him to their own orders - to objects Of the
var, ies extent and duration, the contingencies
upon which it shall cause or be resumed, the
means q annoyance Or defense that may be
employed, and, in short, the entire use which
- shall make Of the military forces Of the coun
~.
His mere capacity - Connander.i in Chief rem
dess him in no respect independent Of the au
tAosity Of Congress. Il does not place him
abovs the Law. He 10 still our general and bound
- execute cur behestA subject to the vii
Of Congress, and liable for diaobedience u
~ reduced ct once to the condition Of private
citizen, and incapacitated to hold any Office o.
Aosor o. smolument under the Government.
Thus far in our history Congress has not it il
true, In any instance exercised this supreme
power Of control over the operations Of the mil
isary, but have left the President free to
Weld the national forces in such manner - has
seemed best to him. We have thus far
though perhaps not wisely in some cases, abstain
ID iron interference, and have permitted THU
great this conservative, this essential power t.
He dormant Our campaigns have been planned
and carried out BY the President, aided BY his
ordinary advisers and BY his subordinate military
e0csss; and Congress has taken no part but in
Supplying the means Of prosecuting our Wars
Bat lot 10 remember there are many other pow
ere in the Consultation which have never beer
brought into activity. Not to use q power Of
toeds NO solid argument against its existence
There may b no need to resort to il, and The
very ahsencs Of such necessity, though no req
80 tos denying the sxissencs Of the power, M
tnrally kads the mind to overlook the fact Of ia
s1issssce. 1t ID the necessity Of using partic.
chr power, pressed upon the minds Of Congress
md the country BY an exaent occasion, tina,
lea6o 70 . careful and rational research TOr IL
We nuss not be misled by the absurd ides
that the franers Of the Constitution assumed "a
foseses every particular emergency in the vast
future Of ito history: for Ne know from the Ian
suage they have used in is, aud the powers il
granite in terms, that their Visions Of the coming
years Of the Republic did not rest upon the sof,
and sunny horison Of peace, while the clouds o,
var 0vsrhung the rest of the world. They fore
80 and Intended that their na:ion should take
il place - one Of the great Powers of the earth,
ready and able TO maintain its proud eminence.
whether in var or peace. Expecting it TO achieve