The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-15
Actssa ~ The Prexident Reasifed u
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Acssss ~ sAe President Ressifea -
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WASHINGTON. April a-The question
!. being asked many ssrses a 6ay. "How
var declared: who declares &, wsas IS
thu process by which ssate Of war &
arsiysd a. ard anacuneedr The coasti-
sssion Is fairly sxpltc.. On this point. al
: though ia the history OF the United States
we nave besn AZ war before any formal
declaration was made. II that part OF she
constitution. scctioR 8. which enumeratss
The powers ~ congress. il is declared that
congress may provide for tsfs common
defense and general welfare Of the Tnssed
states" and also that IL may declare
var. grant letters % marque and reprisai
and nsaks rules concerning captures on
land and water" and that u may raise
and Support armies and that II may
provide and maintain a navy and that
!: may make rules fer the government
OF the land and naval forces ard that
II may provide for the calling forth Of
TIE militia TO execute the laws Of the
Union. suppress instructions and repel
fnvasions." and that Il may provide for
organizsnx. arnfsng and diseipllning the
militia. and for governing Such paris ~
them as may be employed In the service
Of the United States"
This does not mean. however. md has
never been understood TO mean. that con-
grsss can act without respect To the ex-
ecutive- Ia the exercise of every one %
these enumerated powers II must COMMUNE
icate its action 20 tire president fsr his
approval or disapp-ovai. II cannot pro-
coed on It's cwn account 10 make war any
more than K can proceed on its own ae-
count 10 LAY and coiiect taxes or 10
coin money, or TO establish pcstofices.
or TO create judicial tribunals. All ihes
including the power 10 declare war. are
specified In the constitutional grant OF
authority. and they are all 70 be exercised
In the same way Every BILL" says the
constitution. which shall have passed the
senate and house or representatives shall
before 1t becomes a law be presented to
the president OF the United States: II he
approve he shall sign Il. but IL not he
shall return II with his objection TO that
house in which II shall have originated,
who shall enter the objections at large TN
their journal and proceed 10 reconsider 1t:
" after sueh reconsideration two-tnirds
OF that house shall agree 70 pass the bin
Il shall be ssnt. with the objections. TO
tie other house BY which Z should ike
wfse be reconsidered, and II approved by
tvo-thirds OF that house 1t shall become
4 Law" And now. that there may be M
doubt as to the extent OF the application
Of these provisions. the constitution fur
Their declares that every order, resolution
or vote 20 which the concurre nce of the
house and senate may be necessary Except
en- question OF adjournmenu shat. be
presented to the president of the United
States: and before the same shall take
effect shall be approved by him, or being
disapproyed by him, shall be repasssd
b" two-thirds of the senate and house OF
representatives.. according TO the rules and
If~~sas
bill" So that when II Is said that the
mower To declare war resides in congress
No more Is meant than that the same con-
gresssonal acton must be had so bring
about thu state OF war which Is had to
accomplish other acts OF government spec
flied in the constitution as among the
fuscticns of congress.
Il IL true that in many OF the state pa
rers which have been published by con-
gress loose expressions are used concern
ing this power to declare war. sir. Web
sier. while secretary of state. wrote to
our minister to Hawaii that tho war
making power in this government rested
with congress" Mr. Cass, while secre-
tary OF state. wrote to the British rninis-
ter that under the constitution the ex-
ecu;ive branch of this government was
no, the war-making power President
Buchanan. in one OF his annual messages.
declared that congress possesses the sole
and exclusive power under the coustitu-
ton to declare war" and went on 10 say
that congress alone could raise and sup
port armies and provide and maintain a
navy. But these expressions are not TO
be taken literally. They are only an en-
there is no power 10 the president 10 In
yoiye the country in war by employing
the lard and naval forces a. his COM
mand without the previous authority OF
congress- And even this definition OF his
functions Is subject TO some qualifications.
The president Is created by the const.ta-
ton understanding OF the armies and
navy of the United States. and ne mas a
general commission ITO take care that
the laws he faithfully executed" Ard
By statutes parsed In 1.a5 and again In 1877
he Is authorized TO call out The militia and
TO use the military and naval forces OF the
United States IN case OF invasion by for
eigu nations and 10 suppress insurrectiers.
In other words. while he has no authority
10 initiate a war. he is arnplv authorized
without waiting for any legislative action
to resist force by force And all writers
OF International law agree that a state Of
war NAV exist without formal declaration
on the part OF either ecnahatant. And
IN has been SO In our own experience. Two
battles had been fought in the war with
Mexico before congress made any declara-
iion of hosiiiiti@s. and then the fegisia-
tive enactment simply recognized "a state
OF war existing h. the act OF Mexico.
We fought and won war with France
In the earliest days of the republic With
out any declaration whatever. The mis-
understanding with France, which lasted
two years was not Acknowledged by either
country TO he o war. but vessels OF our
country had battles with vessels Of the
OF DER and captured them and carried them
eff In fact the war with Great Britain
IN isls was the Only war In which this
country has been engaged where congress
sl,a, al aatinri arece.iesi the fling Of a gun.