The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1871-04-13

4 claim thomas euoh. a5sI ,s,,
MS HARLANoo II, the Presidcnt
cannot put forth an act oc;Nat until
WAR SHAN have been formally deolar-
ed BY law;thsn war oannoe be- made
in thess United States unleee preceded
IbyIsuoh congressional deelaration of
war. aIs there any olAess III the
| Constitution OF the United States
that i says, thas within lshe e. s.
1.-The President may d1olaFe. Mar, or
make war At his discretiOn
Is Mr.. SCHURZ. May l answer the
Senator from Iowa Jj q
Mr.. HARLAN. Certainly. I,
lsa Mr. ySOHURZ ~ Has not the Pres:
ident the oonstitutionAlarigktIto 70 en-
force the laws of the United States
in tho territ0ries Of the United States
without declaration of wArs? s'.:s,@s
b Mr.. gHARisAN. We claim that
he has. So the honorakle Senator
has found one class gof cases where
war may be made without . deelara:
tiOn Of war. AaiY t{rf B
Mr.. sCHURz. l deny that that
~ Wat,
Mr; HARLAN; very wen; linen
You DENY that there mas been any
war in this country since 1860.
.Mr. oCHun1. Does not tne Sen
asor know tno 0inerence between an
lnNoEnAtionai ~ war au0 I 0omestic
violence T .z "a.
M. = HAnl1AN. Un, yes; put the
honorable nenator has been discus
s.Dg tne oonstitutionatl power Of the
frosident 70 mako war W here
40 you nn9, IN terme the power TO
make war down SoltA IN the recent
y reDea ctatesf ION infer y; You
40 net nnd " 10 words nor in terms
~ the sConstltntion and yet some
OF usthhve thought that we have had
. war, q constitutional war, in this
country since 1860.
Mr. hDMUNDS. The Saprcme
Court 60 decided unanimously.
Mr.. HARLAN. That we did
nave war. butthis leads me little
OUT OF the line OF the precedents to
which 1 intended to call attention.
There has been display of force
made repeatedly. Some OF these
cases nave been referred TO by others
IN TINS discussion. The case Of
Iexas mas Deea tho subject OF long
ana ao'e discussion between the
honorable Senator from Missouri and
tne honorable Senator from Indiana.
shalt have no controversy with
tnem over the fact, but ! will name
an additional fact: the very first
great Dattie OF the Mexican war was
fought before Congress took notice
I OF our CONTROVERSY with Mexico.
| mr.. THURMAN. HOW was thatY
Mr. HARLAN. Ihe very first
Dattie OF the Mexican war was
fought before Congress took notice
OF It. 6
| Mr.: THURMAN. VIII the Soma
TOR allow mo to interrupt him for .
moment!
2 Mr.. HAKLAN. Certainly.
Mr.. THURMAN. What does he
mean ny saying before Congress
took notice OF ~ z
mr.. HAhLAN. ! do not hear the
Senator. tor. 2 &
Mr.. THURMAN. Do ! under
stand the Senator from Iowa to say
that the first battle Of the Mexican
war was fought before Congress took
notice OF the existence OF Texas as 3
State OF the Union? The Senators
from Texas were on this hoor before
there was battle fought. t
Mr.. HARLAN. Well, what of il?
They did not make the war.
Mr.. THURMAN. Then l did not
understand the remark Of the Sem
ator.
Mr.. HARLAN. My remark was,
that war began between the United
States and Mexico before Congress
took notice of the subject.
Mr., THURMAN. Oh, yes; be-
cause Mexico began it. Z
| Mr.. HARLAN. Very well.
Mr.. SCHURZ. Does not the Son.
ator know that the first act of Con-
gress voting supplies to the Union
army commenced in this way
"Whereas war has been commenced
by the act of Mexico" not by the
United States :? q
Mr.. HARLAN, Yes; and il was
not declared by the Congress of the
United States. That is the point.
Mr..SCHURZ Does not tho Sem
ator know that war can be brought
on by an attack on as without our
declaring it?
!. Mr.. HARLAN. Not unless We
resist i and that is tho point made
by the Senator, that We have not the
right TO repel force for tho pro lection
Of our. rights in the case he names,
unless Congress first declares war.
Thai is the very point in issue.
| MIR. SUMNER. 4 beg the soma
tors pardon ), no such ground has
been taken. Everybody, take it,
recognizes tho right OF national de-
fense.
Mr. HARLAN. l expected to
drive both Senators from their posi-
tlon before ! closed. had not ex.
!. pected them 10 yield 80 early 10 tho
discussion.
Mr.. SHEkMAN. ! rise to aqucs-
Etlon OF orde-.
Tho VICE PRESlDENT. The