National Republican., 1873-11-15
rnEwAR POWER orruE EXECUTIVE.

THE WAR POWER OF TIE BN6CUrlvR. |
The sensational Journals OF the country, |
and. We regret 10 add, others Of O different
character, continue the claruor for war
against Spain, or for immediate aggressive |
movements against the volunteers on the
island of Cuba, which woali result In war
with that Power. They forget that tho Con-
stiluIiOn and the laws Of the country inter
,cnc 10 prohibit the realization of their |
desires. aud that the President, US the head |
ol the executive power of the Government, Is
compelled to abide by that prohibition regard
less OF the hot-hcadcd and rash advice Of
those who, while they may respond TO the
uphcayings of general public sentiment, do
not burden themselves with the trouble oi
investigating the scope of the war power
of the Executive. In tho forthcoming
message Of the President to Congress an cS-
PLANTATION will be made Of the pending COM
plicatlons with Spain, as well as the action Of
the Administration slncc they begun, which
will satisfy any reasonable man that II
has not only actively cxcrted every
resource at its command, Tut exhausted
them In legitimate efforts to bring about sat
isfactory results. While the scnsationalists
have been demanding blood, and crying for
the invasion Of foreign territory, or denounc-
ing the Government because 1t has not ylo-
lated the organic and statutory laws Of the
country by sending q gunboat 10 Santiago to
rescue the victims OF spanish brutality from
their impending fate, the Admlnlstra-
ton has quietly placed itself In posi-
iion the statesmanlilic precaution Of which
will challenge the respect OF Its enemies and
rejoice the hearts OF Its friends. In other
words. nothing has been left undone which
could have been done preparatory to the
meeting of Congress, and in view of any ac-
,ion OF any character whatever that may be
taken BY that body. When II Is remembered
that the war-making power OF the country
docs not reside with the Executive, and that
the Consultation conlldeS in Congress the au-
thority 40 declare war, grant letters OF
marquc and rcprisal, and make rules con-
cerning captures on land and water" 1t will
he conceded that the Administration could
not have done more than il has In making
the preparations 10 which VIC refer.
II the people will stop to reason for an in
slant on this point they will find much food
for serious thought. Let them remember
that the cry OF the enemies Of the Admins
tratlon for years has been against an alleged
Capitalization Of power in the Executive
branch Of the Government. Never before
has the utter foolishncss of this cry been so
thoroughly demonstrated as now. While the
country, with one accord, demands instant
action, the President, submitting Loyalty and
as patriot TO Constitutional prohibition, Is
compelled TO await the action Of Congress
before he can lift q finger in defence of what
may yet DC proven to be nagrant insult TO
our national pride and dignity. 1t is not many
months since his enemies proposed his im-
pcachmcnt on the charge that he had usurpcd
the war power by threatening the peace and
quiet Of the lIayticn Republic. These lrivo-
lous charges, IL will he remembered, were
based upon the lnCt that q man-of-war had
been sent to llayticn port for the alleged
purpose Of preventing incursons from that
country against the legitimate authority of q
neighboring power. II this act-thc mere
sending OF vessel to the port OF a country
with which We had no controversy whatever
could he construed as an hnpcachablc Of
fence, how much more culpahlc would the
President be were lie to comply with the cur
rent popular demand for an aggressive policy
against Spain.
The truth ia that the people are aroused
and excited to such IN extent that, under th'
influence Of the sensational and incendlar,
appeals Of an unthinking press, they hay,
forgotten these facts. a> well as the further
fact that the act of Congress approved July
-, 1868, so thoroughly cripplcs the President
In the exercise Of his power to protect the
rights OF American citizens who may suffer
persecution at the hands Of foreign powers
as to prevent him from assuming the posltly,
position which he no doubt desires to assume
The language OF the law Is most precise In IL
application to this feature OF his authority
II Is as follows:
Sec. o. And BE- u JUFihcF enacted, That when.
ever It shall lie made known TO the President
that any citizen Of the United States has been
unjustly deprived Of his Ill e'ty by or under the
authority OF any foreign Government II shall be
the duty Of the President forthwith to demand
Of that Government the reasons for such i'm.
prisonment, and II II appears TO he wrongful,
and In violation OF the rights OF American citi-
zenshIp, the President shall forthwith demand
the release OF such citlzsn, and II the release SC
demanded Is unreasOnably delayed or refused II
shall he the duty OF the President TO use such
means, Hat dDGudiiAg 10 acts II irar, as he may
think necessary and proper to obtain or effect
uate such release, and all The facts and proceed
ings relative thereto shall, Us soon rs practicabl"
he communicated by tho President 10 Congress
II is the common belief that Great Britain
Is an exemplary nation as regards the man
ncr In which she protects the rights oi he
citizens; but IL must he remembered that tn
founders of our governmental system france
our Constitution with the sole object In view
10 restrict the exercise Of extraordinary
power by the Executive. In cileciing thii
object the constitutional authority 10 declare
war was vested In Congress. II H.
therefore, evident that the clamor for
war Is thoughtess in the extreme. No one
can deny, in view Of this explanation,
our assertion that the Administration has cx'
II llustcd Its resources In the premises. IL has
not only prepared the navy for the possible
contingency Of demand by Congress for lis
use, but has placed the available naval force
at Its command in rcadlacss 10 respond Ia
such demand with celebrity which
promises success. II requires hut q
casual knowledge Of the situation Il
convince even the most ohduratc d0ubteI
that with these preparations, awaiting the
action Of Congress, We will he able 10 sweep
the SPANISH fleet from the waters Of Cuba
whenever the signal for action IL given. In
the meantime cdsus beHi may occur al any
moment, Of which the Government can legii.
Imately take advantage. This possibility
exists In the fact that our mcn.0i-War In the
vicinity OF Cuba are liable to b" attacked by
some hot headed spanlard In such an event
war would begin between the two countries
by the aggression Of spaln and tho President
would proceed to declare, by proclamation,
that "war exists by the act Of that Govern
ment.
It's proper 10 repeat, in this connection,
the assurances which We have repeatedly III
tered that Spain will Yield, without any de
mand from the United States, any reclama-
tlon that may be required by tho usages OF
civilization. the law OF nations, 0r treaty OBJ
legations. II Il be eproycn that The NlrginIus
was captured in violation Of these require
ments she win no doubt be surrendered TO
this Government, and the reclamation
iii l,,l,la renapailan 10 the families