The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-06

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by some of the democratic organs as an
alarming violation of the constitution.
There are two questions to be considered
one, whether the policy of Mr. Evarts is
proper and justifable in itself, and the
other whether, supposing it to be correct
mode of proceeding on the part of our gov
eminent, the President has right to exc
cute it without specific action by Con-
gress. As the assaults on this policy have
thus far been directed, not against the
right of our government to adopt this mode
Of redress, but against the right OF the
President to act without new and express
sanction by Congress, we will discuss this
point first. Primd facie, there is a strong
presumption that the policy in question is
legal, in the fact that it was advised by SO
eminent lawyer as Mr.. Evarts
The pursuit of trespassers beyond our
frontier without express authorization by
Congress is certainly not without precedent.
There is in our history one very memorable
and conspicuous instance. We refer to
the pursuit of the Seminole Indians
across the Florida line by General
jackson when Florida still belonged to
Spain. That was done without the
previous consent of Congress by an
administration Of remarkable caution and
ability. Mr.. Monroe, who was then Presi-
dent, was one Of the most scrupulous re-
specters of the constitution that has ever
filled that Office. John Quincy Adams, his
Secretary of State, brought as much learn
ing to such questions as any of his pred
ecessors or successors, and almost every
member of that Cabinet was q man of mark
It was with the unanimous consent of that
Cabinet that General jackson was ordered
to pursue the troublesome Indians across the
frontier into territory belonging to Spain.
The Seminoles had their home in Spanish,
as the cattle raiders have theirs in Mexican
territory They made incursions for rob-
berry and murder as the Mexican bandits
do now. Spain was under an obligation to
restrain them, and neglected to fulfil the OBJ
legation, as Mexico is bound and fails to re-
strain her marauders. President Monroe
did then, with the full consent of his Cabi-
net, precisely what President Hayes with
the unanimous support of his official adj
visers, has now determined to do. If the
constitution was not violated by the policy
advised by John Quincy Adams it is just as
little violated by the policy advised by Sec
rotary Evarts
Precisely the same objections were raised
then as are paraded now, and they were
urged with great vehemence. Then, as
now, the point of the accusation was that
the President had usurped the war power
which belongs to Congress. It was main
tanned that to violate the territory Of another
nation is an act of war which the President
cannot authorize without plain infringe
ment of the constitution. The subject was
taken up in Congress in fiercely aggressive
spirit. Resolutions of censure were intro
duced, and, after heated debate Of more
than three weeks, the administration and
General jackson were sustained by q large
majority, although Mr.. Clay and many other
able men spoke on the side of the assail-
ants.
The defenders of the administration main
tanned that to chase the Indian marauders
across the boundary was not an act of war.
To be sure, the President cannot employ
troops for any purpose without authorization
by Congress but there is q standing law
which empowers him to use troops to repel
inyasions- and every hostile incursion into
our territory is an invasion. The Supreme
Court has decided that .the President is the
exclusive and final Judge whether the ex-
igency contemplated has arisen" Martin
VS.. Mott, IL Wheaton, 19). The President
has therefore complete legal authority
to employ troops against hostile incur
sions into our territory. The statute is not
limited to incursions directed by foreign
government. It's language is, whenever
the United States shall be invaded, or be in
imminent danger of invasion from any for
eign nation or Indian tribe, it shall be law
full for the President of the United States"
&c. 1t was the intent of this statute to en-
able the President to employ troops in a
recess Of Congress or at any time to give full
security to people residing on our frontiers
against perils to their safety. And our
highest judicial tribunal has decided that
the President is the final and exclusive
Judge Of such exigencies.
TO pursue marauders across the border
and punish them in foreign territory is not
an act Of war. President Monroe, in his
Message to Congress explaining the order to
General jackson, said 1.-THE right of self
defence never ceases. It is among the most
sacred, and alike necessary to nations and
individuals and whether the attack be
made by Spain herself or by those who
abuse her power its obligation is not
the less strong" 'In pursuing these
savages to line in the woods
it would have been the height of folly to
have suffered that line to protect Them"
''The power of Spain had ceased to exist
over the territory and protection was sought