New-York tribune., 1871-03-28

states. and hcio 49,, constitution IL is soemnly an
str~0" ,bat TO Congress Is gwen tno PoNo rtv
ho""r This allotment OF po"ol N'S -, non.
clare , considerations and in obedience 10 Nv In
aio hts copsccrated by the American ,bis
ular rk. =. ali other mouarchies AT the Uin'' '
England anu >" insive prcrogative OF the crown, 50
power We" - ,usIy called the last reason OF hihss'
thar was r constitution naturally refusea ~ 70 we're
itauT5rv prcro gatve IN the gho One Man Power
rejeotcd IN d mis- prerogatve was placed best
SstsTard VIZ of the people as represos No other pro
form OF $be Consuton is more disnoIbScn call
vtbv of vcneration. do not go EU Uttutions happily
an essential element OF IeP" has
siscovered by fathers. .. 1rdse story, has
oHr authoritative commentator, S"d md his testimony
Ou thc origin of this pr0Nlsloh' Itter remarkng
expneu, ,Se statement have made. nIV the highest
that the power to declare ,S %a in nature 9he S
g 90 critical and casntous review of all the
utmost deberation ana e @ learned author eSnhc
counGS ~ ncint that 10 should we fhe cooperation OF
u declare war ana t me gisaare power Gus oef o5
Az cnle 10 be required ~ 90 far as to suggest still
tJistIhon & ana ne "as by requiring On
tTo6irds OF both Houses us See also 1,ss There is
thu 'consSrvstve reqgre9eot oth House, with the
declared only oy y,bc President. There must be the
sPSoSed viii Of Che LSfbvPP sbe PredeRt Not Congress
other w9fe, w9S,t the President. can declare wa war nor @ @
alone er"sjdent alone without CongSS
the bere is the triumph OF repnocan nd
eur ahn distiuctye principle OF our CONSTITUTION am
sfouad safeguard of popular rsr'S in % sSDS to the
~ Ills DESIRES he has overieaped IL as IL "eie
stqbele with the whole transaction is the apology
LII insists that the President may DO lndlIeeIy "nsi @
be cannot SU indirecton ind directions out" in short
IOVhogh he cannot declare war directly nc may Ioi
nectB "rcn'ise against foreign interposition that
~ with the promise OF the war foWeIS oi our an
& ~ se in motion by the President alone without IA, an
% v, congress. Here are the precise terms oI thls
promise q, the poncss Republic shall the shOres. possible
@ s,-e. eonOnnabe TO ihr hw, Their VII concern @
ing The en nII b he lad protect ne Doniaoan RcpSbc
g s0i,S g 6o, 30 ~ H. Ve D. es xLTs Congress Third
NOW nothing can be clearer than that ths provision,
intIUI bs movers and therefore, 6rutna tuIpsen,
rcre wooden gun, until after the ratncauoh OF ule
tbC1t an act of Congress- doing indirectly what
ne cannot do directly and thus overturnlng hat spyea
oTerSisn prerogatve under the guardianship OF Con-
re r We meet another distinctive principle Of our Con
stitnon As the power TO declare war is lodged ID Co on
grcss with the concurrence OF the fIesde. ,h 81 t %
noyer 10 make treaty lodged in the PRESIDENT With @ @
concurrence Of twOthrds OF the senate war s
only 10y Congress aud the PRESIDENT tIeaS E, Al the
former safeguard new, so was the IaItei. ~ In
gland and all other n3GTS att IKE the power
declare The provision th at our @ snoher lin
ation OF the Oue-Man Power, and new eOhulpuuon 10
reoF5 Fe5,ras in an article written by Alexander
Hamilton thus describes the hngly prerogatlye n,
a. ne As n f9n trsassenoa He can accord make
treaties Of pesoe commerce. alliance and o. eyery o,hf qeeOh M
a an SeS al Il. o,o. S pude and that The coPacs entered BY
oysl soieC1iy hays n. .5So %Ssi fd, No. IxT2
Such the wellknown EsnglY preTog@uye WInch WIZ n
our Constitution rejected Here let Ihe tedeTa SPEAK
between S 4end I .s of d,T The Pss5. :5
What only of branch Of the Legs
Then again after showing that treaty is contract
with foreign nation, having the force OF law INC Feo
he history Of human conduct warrant that eIaltd opinion
@ Of 50 delicate uomentop hind those which concern s inter
with the rest Of the woi 70 & ~ 50" % E Of M Tais
SiafeS" Qbid. LXXN) .--.., !, 4.
handing over the sole disposal OF the President the
delicate momentous question in the unrathed santo
Following Tke Federalist in the famous commentator
already cited who insists that is too mucn 10 expect
that free people would eOnhde In single Magistrate
however respectable, the sole authority 10 act coheus
iyely well exclusively, upon he sn9JeSt 9i h 5lvs
ever proper il may be in monarchy there is no Aner
can statesman but must feel that snch snd dam
erns that t would be inconsistent with that waole,
soine Sf power and then he adds that .,
The check which acts upon The MIND he assent Of other
cha done & " 10 SD, a., Tgdi ooaoIu;rea JesIAn' Sh'eo
'21e sGoa ana sntSar then wes with pride on the re-
ment of the Constitution. which, while IT eonndes
serious abuse by placing it under he unsaH s1peT XIX
endence Of 81, body q h'ga Iir hat Ike
nSloy Hoidl anH amt author and dnisher Of all
iIeaHenss he concludes in decisive words that no
treaty ~ Uaceives the deliberate assent OF Two
thirds of the Senate" Qbid, sec tVioJ % nenea of
@ u mora nositive Therefore, even at lhe SAensoW VI
can pe lnorT it tbat as the power TO declare war is
reIt% % leonard of Congress with the concurrence OF
the President 80 S u Concurrence Of twohirds of the
senate; the act OF neither becomes pnIns Iii
a. OF is it that the promise OF the freGent
10 employ the War Powers without Ine ", No. var
and
powers iD pursuance OF this assumption Wac us" P@
u19' M President were king with the nngly preroga-
tive either 10 declare OF TO make treStes ne ngnt
do he has done bpt pehg ViS my ttn %tt he
cannot do IT, The assumption ~ Ihe san'o DolSO It
treaty exceptional and aDhoT % Franee in iSa fr
the cesson OF Louisiana contained no snc assun1,on
did the treaty with SPAN I IN MEXICO oI in is Sy Which
Ibe title TO Texas and California was assured; nor uIu
o6sined nor did the treaty with Russia in 1857 for
the ceson of her possessions in North America IN
LOVE- The Louisiana treaty stipulated that possession
should be taken by the United states lmmeatey aiter
the racaton OF the present treaty by the President OF
the United states and case that Of the FIRST Consul
shall have been previously Obtained (Statules,al,
Large Vol WILL p. 2O2) The Florida treaty stipulated
x months after the exchange OF the ratification OF the
treaty, OF If possible" Qod, D. Z5SJ But lhese
responding responsibilities adjourned I'LL after the
exchange OF Publications. were simply according 10 the
dictate reason. in harmony with the requirement OF
The ease Of Texas had two stages-frst under un.
ratified treaty. and secondly under JOINT resolution OF
Congress What was done the latter had the
Of Congress aud the President that the In
ch0ae title of the United States created by act OF
Congress, plain contradiction % the present case,
where the title whatever may De is under unrati
ned treaty and Is created by ne President alone. Here
H. a manifest difference, no g. De forgotten.
But dis sguised that during the pendency
OF the treaty. and before it, ratification by the Senate,
there attempt bv John Tyler aided by his secre
tary OF STATE John G. Calhoun, 10 commit the United
States the military support Of Texas Suffice 1t so say,
that there collision or belhgerent intervention,
but only what Benton calls assumpst" by Calhoun.
On this assumpst the veteran Senator, in the
Oirs Of his Thirty Years in the Senate, breaks forth
in these indignant terms:
eDng and the United Sstef h
TeIa, MEXICO while peace would