The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1871-04-29


} pitched battles are fought and yet doubt
! if you can find, during our whole national
history, one instance Of a formal declara-
, ton of war by Congress against an Indian
tribe.
l remember since | had the honor of
occupying a seat on this floor, an army was
) marched by a Democratic President of the
!, United States to the Territory Of Utah to
. suppress an armed force. Will either OF
these Senators point me to the declaration
of war that preceded that movement Of the
Army?
Mr.. SCHuRz. Does the Senator forget
that the citizens of Utah are citizens OF
the United States?
Mr.. HARLAN. They do not admit that
they are.
Mr.. SCHURz. We certainly claim them
as such.
Mr.. HARLAN. If the President cannot
put forth an act of war until war shall have
been formally declared by law, then war
cannot be made in the United States moro
than out of the United States unless pre-
coded by such congressional declaration of
war. Is there any clause in the Constitu-
ton of the United States that says that
within the United States the President may
declare war at his discretion
Mr.. ScHURz. May answer the Senator
from Iowa?
Mr.. HARLAN. Certainly.
Mr.. ScHURz. Has not the President the
constitutional right to enforce the laws of
the United States in the territories Of the
United States without declaration of war :?
Mr.. HARLAN. We claim that he has
So the honorable Senator has found one
class of cases where war may be made
without declaration of war
Mr.. SCHURz. l deny that that is war.
MIR. HARLAN. Very well. Then you
deny that there has been any war in this
country since 1860.
Mr.. SCHURz. Does not the Senator know
the difference between an international war
and domestic violence?
Mr.. HARLAN. Oh yes but the honor
able Senator has been discussing the con-
stitutional power of the President to make
war. Where do you find, in terms the
+, power to make war down South in the
recently rebel States? You infer it you
do not find it in words nor in terms in the
Constitution ; and yet some of us have
thought that we have had war, consti-
tutional war, in this country since 1860
Mr.. EDMUNDs. The Supreme Court so
decided unanimously.
Mr.. HARLAN. That we did have war;
But this leads me a little out of the line of
the presidents to which intended to call
attention. There has been a display of
force made repeatedly. Some of these
cases have been referred to by others in
this discussion. The case of Texas has
been the subject of a long and able discus
sion between the honorable Senator from
Missouri and the honorable Senator from
Indiana. l shall have no controversy with
them over the fact but | will name an
additional fact: the very first great battle
| OF the Mexican war was fought before
Congress took notice of our controversy
with Mexico
Mr.. THURMAN. How was that?
Mr.. HARLAN. The very first battle of
the Mexican war was fought before Con-
gress took notice of it.
Mr.. THURMAN. Will the Senator allow
me to interrupt him for moment?
Mr.. HARLAN. Certainly
Mr.. THURMAN. What does he mean by
saying "before Congress took notice of it ?''
Mr.. HARLAN. l do not hear the Senator.
Mr.. THURMAN. Do l understand the
Senator from Iowa to say that the first bat
tie of the Mexican war was fought before
! Congress took notice of the existence of
! Texas as State of the Union The Sena-
tors from Texas were on this floor before
there was battle fought.
| Mr.. HARLAN. Well, what of it? They
did not make the war.
Mr.. THURMAN. Then l did not under
stand the remark of the Senator.
Mr.. HARLAN. My remark was, that war
began between the United States and
Mexico before Congress took any notice of
the subject.
Mr.. THURMAN. Oh, yes; because Mexico
began it.
Mr.. HARLAN. Very well.
Mr.. SCnURz. Does not the Senator know
that the first act of Congress voting sup
| plies to the Union army commenced in this
! way: =" Whereas war has been commenced
by the act of Mexico" not by the United
| States.
Mr.. HARLAN. Yes; and it was not
declared by the Congress of the United
States. This is the point.
Mr.. SCHURz. Does not the Senator know
that war can be brought on by an attack
on us without any declaring it,
Mr.. HARLAN. Not unless we resist; and
that is the point made by the Senator, that
we have not the right to repel the force for
! the protection of our rights in the case that
he names, unless Congress first declares
war. This is the very point in issue.
Mr.. SUMNER l beg the Senator's par
don; no such ground has been taken.
! Everybody, take it, recognizes the right
of national defense.
| Mr.. HARLAN. expected to drive both
! Senators from their position before l
| closed. l had not expected them to yield
so early in the discussion.
! Mr.. SHERMAN. l rise to a question of
order.
The VICE PRESIDENT. The Senator from
Ohio rises to question Of order, which he
| will state.
Mr.. SHERMAN. insist that the Senator
| from Iowa shall have at least the same
| that has hnap oytanIaI to
two Senators; for | think, with a single
remark or two, he has probably exploded
most of their speeches, and l should like to
hear him go on.
The VICE PRESIDENT. The Senator from
Iowa has yielded in each case. If the Sen
ator says that he does not wish to be inter-
rupted the Chair will endeavor to protect
him against interruption.
Mr.. EDMUNDs. | hope that point will
not be insisted upon. l think my friend
from Iowa understands himself very well,
and the more we have from our friend here
| the better.
Iowa has 4 right to yield OF not as he
pleases.
Mr.. SUMNER I wish most sincerely to
apologize to the Senator from Iowa. The
Senator will not suppose that intended
in any way to interfere with him.
Mr.. HARLAN. l know the honorable
Senator from Massachusetts, does not, nor
does the honorable Senator from Missouri;
and if either Of them desires to ask me a
question at any time during the brief
remarks | am about to submit | shall be
most happy to hear him.
| shall attempt to proceed with the line
of prccedcnts began to name. When we
were disputing with Great Britain about
our northeastern boundary, remember we
arrayed some military forces in that vicin-
ity. When we were engaged in a contro-
versy with the same Government on the
northwestern boundary, l remember that
the disputed territory was taken possession
of by the troops of the United States with
out any formal declaration of war. have
heard something of the bombardment of
f Greytown by the Navy of the United States,
and have never seen any declaration of
war to justify that act of hostility. That
was done, it is true, under a Democratic
. Administration.
Mr.. SUMNER. And always condemned
Mr.. HARLAN. Very well. Isuppose the
honorable Senator will take execution te