The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-03
How War Is Declared.

The popular impression is that the
president declares a state of war to
exist whenever the facts, in his judg-
ment. warrant it, The constitution
limits the power to congress. But there
is some basis for the general concep-
ton, because all the diplomatic inter-
course, that always precedes a foreign
war. is conducted by the president
through the department of state, and
the conditions that precipitate war are
due to the stand the president and his
advisers take. 1t is to the president
that the people look, upon him they
place the direction and the responsible
ity, and the congress, by it's resolution,
merely ratifies the decision the presi-
dent has arrived at as the conclusion
of his negotiations with the offending
power
The War of 1872 was the climax of a
long series of protests and correspond
ence between our state department and
England's foreign office relative to the
and the orders in council affecting our
commerce. On June /, 1912, President
Madison sent a message to congress.
reciting the acts of aggression, the
demands made for redress and the
final refusal of England, concluding
with submitting to congress whether
the United States should remain pas
slVe under these progressive usurpa-
lions and these accommodating wrongs,
or. opposing force to force in defense
Of their national rights, shall commit
just cause into the hands of the AL
mighty Disposer of Events" a sol
emn question:" he adds, which the
constitution wisely confides to the leg
islative department of the govern
ment." On June 10 he issued his proc
lamation reciting that congress had,
by virtue of the authority vested in
them by the constitution, declared by
their act, bearing date the 18th of the
present month that war exists"
President Polk advised congress in
several passages of the condition of the
relations with Mexico, summarizing the
condition in his message of May II, in
which he notes that a state of war
actually existed and informs congress
that Gen. Taylor had been instructed to
accept volunteers and call out the mi
lltla of Louisiana las a precautionary
measure" that is, that war existed.
but he invoked the prompt action of
congress to recognize the existence of
war and to place at the disposition of
the executive the means of prosecuting
the war with vigor" He issued his
proclamation on May Is, proclaiming
the act of congress of that date, de-
claring a state Of war.
On April Is, 1861, Lincoln issued his
proclamation calling out the militia CT
the several states 'to suppress the
said combinations Gn several Southern
states) and to cause the laws to be
duly executed" in the states where
combinations existed to resist the laws.
without waiting for congress to assem-
BILE, the same proclamation converting
congress in extraordinary session on
July 4. On the 18th he proclaimed a.
blockade of the ports of the insurrec-
tionary states until congress shall
have assembled and deliberated on said
unlawful proceedings" While the ex
ecutive duty of protecting public prop
erty and enforcing the laws justified
Lincoln in this action, as it previously
did Buchanan in sending the army into
Utah, where Brigham Young was de-
flying the courts of the United States
1t is notable that Lincoln deemed it es-
sential to take the judgment of con-
gress. in which the constitution lodges
not only the power to declare war but
also that to suppress instruction and
| rebellion.