The times. [volume] (Richmond, Va.) 1890-1903, 1895-12-21
now WAR wbr1p BE pEcLARED.
In What Case the President Could Act
without Waiting for Congress

|
the possibility Of war between this coun
try and England for two reasons: FIRST
that this country has never declared wal
against "A foreign power until after beliig
erent acts on the Part of the other power
and, second. because OF the vast monetary
interests that the English have IN TINS
country, which might, in The G. ent 81
war that terminated successfully Tor thls
! Government. be. confiscated.
In connection with the present sssiatof
and the pronunciation in the utdre or an
ultimatum TO which England does not
accede, If IL is determined 10 iiyht with
I her TO uphold the policy II the Govern
ment. war will have TO be decl lred y an
| act Of Congress, as the President, under
the Constitution. has NJ power TO declare
war.
IT, however, before war be declared by
! Congress the nation that has refused to
/ recognize the ultimatum commits acts OF
/ depreciation. or in contravention Of the
law existing between nations during a
/ time OF peace. then the President without
calling upon Congress in the first instance,
can take such measures as he may deem
necessary 10 protect the country ana the
interests Of the citizens, whether the same
be in foreign country. on the seas, or
within the borders Of his country.
The latent AMI implied power that rests
with the President as the Commander IN
chief Of the army AMI navy makes it in
cum ben. upon him to instantly repel every
hostile act in the nature II waT or insur-
rcctiOn, whether the act be done inside or
cutside OF the country.
While Congress al1ne has the power 20
declare war. the President need not Of ne
Cessity delay in calling for troops to pro-
tcct the country after overt acts on the
part OF an enemy have been committed.
This was @Kemplifed in the call for 15.0JJ
troops By President Lincoln in his procla-
nation Of April -, 1851, although Congress
did not convene in extraordinary
session until the following 4th Of July.
President Lincoln called out The war pow
or Of the Nation TO repel force, and this
right every President has as Commander
in ,hief
President jefferson. Dec 6. 1906 when
disc issing Spanish depredations on our
territory. said:
considering that Congress alone IS con-
stitutionally invested with the power Of
changing our conditions from peace to
war. ! have thought Il my duty TO await
their authority for using force in any dc
gree that could be avoided. ! have barely
instructed the officers stationed in the
neignbOrhOOd Of the aggressiOns to protect
our citizens from violence TO patrol with
I'm the borders actually delivered TO us,
and not go out of them. but. when neces-
sary, to repel an inroad or to rescue a cit
lien or his property"
Limited hOstilities may be declared be-
tween nations: that is, they may be de-
clarcd as to places, persons. and things,
and although IL Is "A public war, IL f.
called an imperfect war" Congress may
declare such war or il declare a gene
raj war" the extent and operation of
which are only restricted and regulated
by the jus helli that forms part of the
law of nations.
If Congress declares a general war the
general laws Of war apply 10 the situation
and everything that IS recognized by law
of nations may be done by one bellige-
rent to cripple and weaken the other.
even TO the conhscation OF property on
land and sea. As a general thing. the
property of a Citizen of a billigerent ma
ton found within the territory OF the
other nation is respected. rs is the own
er's life and liberty. but in this country
such property could be confscated by
Congress and the Supreme Court If such
act were deemed necessary as a war mea-
sure
Under the law OF nations a citizen Of
one country at war with another has
reasonable time to withdraw from the
country at war with his If he sees fit so
TO do. but, I'm adiudicated cases, IL has
been held that eleven months is more than
a reasonable time, although reasonable
time" is not defined.
If under the existing conditions Con-
gress should. through the President, issue
an ultimatum, war being conditional on
its refusal. there would virtually be a dec
laration the moment that England re-
fused it. and then the question would arise
as TO whether the hundreds Of millions Of
property that the English have I'm this
country should be confscated.
A prominent banker I'm speaking OF the
matter yesterday. said: There never was
a time I'm the history of the world when
so many millions of the enemy's property
was i'm any country with which IL was al
war as there will be II war is declared be-
tween us and England.
1T is almost impossible TO compute the
vast sums Of money that the English
have invested here In stocks, bonds. lands
breweries everything almost I'm which
dollar can be placed 10 produce an in
come
IF all these properties were connscated
IL would make "A difference TO England
that she would not recover from In half a
century.
II have no idea that this would be done.
and yet it might, for. although the seiz-
ure Of an enemy's property by the United
States as prize OF war on land, jure belli.
is not authorized by the law Of nations.
10 could be upheld by an act Of Congress"
-Nou York Times