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

out the consent of the Legislature to
give such orders to the Army or the
Navy "a shonIl lead, naturally, to a
state of hostility with other countries
indeed, a restriction, a curb upon his
power "f command, keeping him at all
times within the boundaries of peace
and amiiy with the rest Of the world.
But surely no one will contend that the
clause, "shall have power to declare
war" grants To Congress any right or
faculty which they would not possess
without it.; no one will urge that if il
were not found in the Constitution Con.
gressswoul.l not possess the right to in.
volve the nation i'm war. Without il,
could the States either severally or
Jointly make and carry on war? No;
bccansc by the Constitution they are
expressly prohibited to engage in war
nuirss invaded ar i'm sucl, imminent
danger "f being Invaded, as not TO ad-
NIT of delay. The States cannot re-
sort even to the ordinary means of self.
defense, for they are expressly forbid
den in time of peace to keep troops or
ships of war. Congress, on the other
hand, is clothed with the express power
to raise and support armies; tn provide
and maintain n navy to provide for
organizing, arm;ng, and disciplining
he militia. and governing such parts
of them as may he employed in the
service of the United States; to call
them forth To execute the laws of the
Union, suppress insurrrction, and repel
invasion.
The power to raise and support
armies and to provide and maintain a
navy would be totally nugatory wi,hon,
the power to employ them. They are
raised and supported, provided and
maintained to the very end and purpose
that they may be employed, and EN-
rl"yed for the same objects that other
nations employ them, that is, to engage
in and carry on war, whether the war
he just or unjust, whether it be one OF
aggression and conquest or of defense
and sclfrrotcclion. The character of
the war, whether ri ght or wrong, is
necessarily excluded from the discns-
sion of the question of the power to en-
gage in it.
1t follows. then, clearly cnongh, that
Congress in the absence of the mere
power to declare war, wonld have pos
sesscd, by the plainest and most irresist.
able implicali m, the power 20 wage il
and involve the nation i'm all the conse-
qnences of public and lawful war and
that the clause in question does not, in
fact, contribute one iota to the qnantum
of power they possess. 1t was plainly
intended rs u cauti"r-yes, / must go
turther-as a prohibition t. the Presi-
dent, whether acting as Commander.
in Chief of the Army and Navy or in
turning treaties with foreign Govern
ments, against amy assumption by him
nt the right, the power, or the duty OF
involving the nation in war with anoth
er nation. leaving the whole right, the
whole duty of Initiating national wal
for any purpose except that Of self de
trmsc, Ia Congress, To- the law-makine
power. And the other clauses to which
| have referred, plainly and expressl,
confer ON Congress the supreme au
thoritv To conduct and control the one
rations of the military forces of tin.
country.
For if it he the exclusive r,gl,t O.
Congress not only To- raise and xnpporI
armies and navies, but (which is an ir
resistaLIe and Immediate interepcel Z,
use and cmplov them for warlike pur
poses. they must possess also the move,
To- curltrol every movement of the Arm,
and Navy i'm actual service. whateye
they shall see fit 20 TO do. They can
not indeed supcrce.le the President il
the chief command. but they posscs
the un,loub,ed power under the Con
stitution to subject him to their ow,
orders rs To the "l.jrcis of the war, il
extent and duration. the contingencies
upon which it shall cease or be re
/. sumed, the means of annovance or de
fense that may be employed, aud, i,
f short, the entire use which he shal
make of the military forces of tn
country.
His mere capacity rs Commander.in
Chief renders him in no respect indie
pendent of the authority Of Congress
, II does not place him above the law
, lie is still our general and bound I.
execute our bchcsts, subject To The vii
of Congress, aud liable for disobedi
rnce To be reduced at once To the con