The sun., 1900-06-19
THE PRESIDENTS POWER TO MAKE
WAR.
The Administration's Right and Duty 10 FRO
tect Our citizens In China'

WASHINGTON, June is.--A question mas oeen
raised az 10 the power OF the PRESIDENT 70 seho
troops to China for the defence OF american
citizens without authority from congress IL
the President himself has any doubt upon 'he
subject. an examination OF the law ana rrece-
dents will soon satisfy him that he has as much
power to use tn, Army for this purpose as 'he
Navy.
II is true. as alleged by the casuists who have
raised this question. that the Constitution gives
to Congress alone the power 10 dec'are war
But II Is none the less true that war may exist
without any declaration. and that u IL the outy
of the President OF the United States TO pro-
tect the citizens OF the United States all over me
world in the absence of any such declaration.
For weeks past we have been hearing OF
outrages committed by the Boxers Al nrst
they were represented as insurgents. who.
having risen against the constituted authori-
| ties had oyerthrown the Government In certain
localities. Then we began to heaf that they
| were a horde of fanatics who were bsnt upon
DESTROYING the missions and exterminating
| the mission narles and native converts to Chris
| tanity. and later still their hostities were
reported to be directed against all foreigners.
| As they approached Pekin their numbers have
| increased. and so have their victims They
| seem now to be In possession OF the rail-
road between Tien-Tsin and Pekin. which
| they have torn UP In many places.
and Il Ia said that the Chinese troops
which were sent against them have gone over
to them. In short. according TO the latest
reports, they have control Of the whole country
thereabouts, and the Empress Dowager Is said
to be In full sympathy with their purpose to
| extermnate all foreigners In China. 1t Is
reported that they are In possession OF Pekin.
| that nil the legation buildings have been
| burned and the German Minister killed. The
| wires between Tien-Tsn and Pekin have been
| cut, and In the absence OF intelligence the
| worst IL to be feared.
| The forces under the command OF Admiral
| Seymour. which left Tien-Tsin several days
| ago, are said to be cut of from their communi-
| cations and hemmed in on all sides by the
| Boxers and their sympathizers. Under these
circumstances IL the President TO fold his arms
| and hopeessly await the destruction OF Ameri-
can missionaries and other citizens. including
| our Minister and his stan. and the American
marines sent TO their assistance. because Con-
gress alone can declare war; II Is admitted
that II Is all right to land marines and sailors.
but to land soldiers on the soil Of China for the
protection OF our citizens would be a violation
o, the Constitution II this be true then, indeed.
the Constitution Is. as Wendell Phillips once
called It. "a covenant Of death.
IL Is true that naval forces are generally en-
ploved by all nations for the protection OF their
citizens in foreign countries. but II IA simply be-
cause they are at the spot. and the land forces
are at home But where the circumstances are
such as to make the employment OF land forces
more convenient or more efficient. they
are used by all nations for that purpose.
1t Il no more an act OF war to land
soldiers In foreign country than to land
sailors or marines Where does the Consu-
tuition draw q distinction between them? The
President is the Commander-in-Chief OF the
Army and Navy, and 1t is his duty TO
use either both II ne cessary. to save the lives
OF American citizens when unlawfully threat
ened. In case of the mere destruction of prop
erty indemnity may cover the loss. but when
life is at stake the President must be as prompt
and vigorous in It's defence as the enemy in the
| attack.
Thomas jefferson believed In the strict ccn-
struction OF the Constitution. but he did not
hesitate to send troops into Spanish territory to
protect American citizens. In his message Dec.
9. 1905. he said:
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49, 80, -. ..s..,, a. ,,n., an ,rv.s,or a, 70
rescue citizen his property"
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~ C.,s,i,',,Ior ,rh.n ho o,,,horizad
"a, y. ~ 80, aron,sh ,.rr,,ory ,o ,aso,,.
,,," ~, W., ,hora,or. NAV n,, ,roons n.
,.~ - $500 a., o,,,ans ,hor., IL
,e,o vi. ~. Son,,nol. Ird,ons ~ F,or,do wer.
49," .;,,.o's T., c.oro,o pr.s,dan, NJ
",..o .o,iuod Gov IooLson ~ rurs,,o ,h.r,
r,a.,aa ,ho, sn.n,sh colonr Joo,,.o,
mau, ond erdin. that The SPANISH oraoers wers
.,,ho, unotJe or unwilling ,o nr.vent tho i,cur.
-, ~. I,d,ons ,ooL nossass,o, ., p.nsa-
@. NJ. No vro,o ,ha Cor,n,ond.,
&c, Ma.rs.
This measure IS Iusunaoe on tne immuaols
principles OF ehdeience' onoe' eAisuns "eaues
between 'ne'~o governments ,ne Ming OF spain Is
oounu W we'e,'u ~ w. Wv, Ae ..'"s u 'ne
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,,"s '"ua" :, ,u,o, ,n. n,,, =, IN. ,,..,v, ~
- .s,.g. ,,Ihc uho b.v. ,ono d,n,sd.,.d LET
,mnun,,v on IN. American frontier. lpcomn,tcncv, :,
.u.e.d with an Acknowledgement tbs, IN. sam. ,,,h.
have acted in open hostility to the laws, and IN.
vaded the nights Of his Catholic Majesty As.
mutual enemy, therefore, Il Is expected that every
facility will be afforded BY the agents Of the King Of