The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-21
The Executive War in China.


For two months this country has been
in fact at war with the Government of
China. Our forces have fought battles
with the Chi-ese regular army. command
ed by the highest Chinese generals, and
| acting under formal edicts and orders
from the Empress Dowager who is recog-
nized throughout China and everywhere
else as the supreme and responsible au-
| thority American soldiers. sailors, and
marines have been in a series Of fierce
! engagements with these organized and
well-armed barbarian troops. first in the
| Seymour McCalla advance on Pekin. in
which they fought eeaselessly against fear
| full odds from Peitsang to Lang Fang and
back again. Then. they participated in the
battles at Peitsang, and In the second adj
vance TO Pekin. in the battles at Yangtsun.
Tung- Chow. and finally in the attack upon
the Imperial capital itself
From June 20. until the relief column en-
tered Pekin, our legation. in common with
those Of the other civilized powers, was reg
ularly besieged and bombarded by the Chi
nese troops under orders from the throne.
Contrary to the false assertion of Ii Hung
Chang. no food or supplies of any Kind
were furnished to the beleaguered legation
people by the Empress Dowager, her no
torious purpose being to reduce them by
starvation and massacre their inmates.
Yet we are assured by the Administration
that this state of things has not been and
is not war. But it is and could be moth
ing else under the terms of any definition
laid down by the text writers on iuterna-
tioaaI Law, or conformably to conceivable
precedent or sane construction of what
constitutes war. In a signed statement of
his views on the subject telegraphed to
the New York Herald" in response to a
request from that journal. Senator Bacon
of Georgia has this to say:
Invading foreign country with an army and
fighting battles is The President has no au-
thority to make war, however just the cause
The Constitution limits the war power to Con-
Eress The President Is not the Government, but
The executive arm Of the Government. Only ur-
gent danger 10 the legation before Congress could
be assembled iustiaes the President in sendins an
army into China. The danger having passed the
army should be promptly withdrawn. unless Con-
gress, being Immediately assembled. should di-
rect further occupation and operations
Senator o Bacon's logic is unanswerabIe.
1t was proper for the President TO des-
patch ships and troops to China 10 succor
the American Minister and other citizens
whose lives were in peril in the Empire,
End he should have done so long before
he did. But when he saw, as he could
not help seeing. that the circumstances
md ha a
necessarily involve serious war opera
tions. it was mandatory upon him under
the plain letter of the Constitution at .
once to summon Congress, the sole war
making power. and receive its authority
for continuing the war. In refusing to
do so the President who. as Senator
Bacon truly says. lis not the Government |
but the executive arm of the Govern |
ment." has ignored and failed TO perform |
a duty which was ard is obvious and i'm |
perative.
The reason for this new defiance OF the |
Constitution on the part of the Admins |
tration is well known to the people of the /
United States. To call Congress in extra
ordinary session in the middle of the /
fTfSlCSntlal campaign mas Deen cOnsid- /
cred recourse dangerous to the Repub
Iican party. Since the close of the late
session there have been sinister develop |
ments relating to the Administrations
imperial carpetbag colonial system, and
connected with the supine surrender of I
national territory to Great Britain, which |
it would be very unfortunate for the Nc !
Kinley and Roosevelt ticket were they to
become topics for discussion in the Senate
and House of Representatives. Hence,
Mr.. Mckinley and his advisers appear to
lave decided that it would be better to
dare the Constitution. and any conse-
quences that might follow. than to run
the risk of what might happen were Con-
gress to assemble.
It is yet possible that imminent events
may drive them from this position of
and cynical indifference TO the
law of the land As to that,
time alone can tell