The Anaconda standard., 1898-03-03
Some Questions Answered.

IT appears that the relations of the
president of the United States to a
declaration of war and to the con-
duct of n war have been The subject OF
animated discussion among some of the
men mt Carroll. The Standard infers
this from the fact that during the fort
night of Maine excitement several re-
quests to answer queries relating to the
presidents powers have come from that
quarter Yesterday three questions
reached this office. The first one in
qured whether the president of the
United States can declare war, the Sec
ond Ii whether the president can de-
clare war, congress not being in ses-
sion: the third is, to settle bet,
whether treason cannot be punished in
the United States by the shooting OF
the guilty person.
The first of these questions was lately
answered in the Standard by the quota
tion on the local page of the clause in
the constitution which recites that con-
gress has power to declare war, Go raise
and support armies. 10 provide and
maintain a navy, to provide for calling
out the militia, etc Respecting this
power. one may he easily misied, OFF,
hand. because of the apparent confusion
of powers-although experience has
proved that there is no confusion. Fhe
sections of the constitution that relate
to the raising and support of an army
were violently discussed in the conNen-
tion that framed the instrument. IL
was urged that an army, in the hands
of president might easily be used to
overthrow the liberties Of the people,
and that its numbers should be limit
ed. 1t was especially urged that Il navy
was useless; indeed, the idea of main-
tanning a navy remained in disfaNor in
this country until the war of 1872 The
government was nine years old before
the cabinet office OF secretary If the
navy was established.
The legislative power originates war,
furnishes the supplies Of money and
| materials, authorizes the raising of men,
disposes of the results of war. But
the president is eommander-in-cn of
the army, Of the navy and of the mil-
tia when called out All direct man.
agement of war operations, all estab-
fishing OF blockades, all direction of
marches. sieges and battles are beyond
the jurisdiction If congress and beyond
its control, except, Of course. that con
gress has a check upon the president in
the matter Of furnishing the supplies.
Touching the second question men
toned above.-ihe president cannot in
itiate a war. but he is hound to accept
u challenge 10 war without waiting for
any special legislative authority, and
whether the hostile party be a foreign
invader or states organized into re-
bellion, his power is tne same, that is
ground over which this country's fed
erai court has gone. The result is a
war, for war may exist without a
declaration ON either side. Congress
may declare a state II war to exist,
which had been commenced by the en-
emy before such declaration, and all
the rights. national and international.
OF belligerents viii thence ensue. Such
VAS the method IF procedure in the war
with Mexico" Thus q leading author
ity on constitutional law remarks.
As - the third question; Treason Is
a crime for which the punishment is
death by hanging. Under our consti-
tuition Two classes Of acts. and two only.
constitute treason. The hfst is levyias