The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-24
Circulation Statement.
The War Powers of the Executive.

If the object Of the executive war in
China is simply and solely to protect
American lives and property, and. THAI
having been accomplished, if it can be, TO
withdraw without thought of punitive op-
erations or indemnity, it is possible for
the President to proceed without calling
Congress in extraordinary session. 9th
erwise it is not.
Whether Mr.. Mckinley would venture to
conduct war of 4 character practical. but
as alleged. not official, after conclusive no
~@tice that China had established a state of
war with the United States by numbering
our Minister and by uttering the edict OF
July 3, is a question which events alone
can decide In the opinion Of unprecedented
international lawyers. reasonable evidence
that the foreign Ministers had been mas
sacred in Pekin, or that the edict ordering
the viceroys to wage war upon the powers
and to exterminate their cousuls and ciJi-
zens would be tantamount TO a declaration
of war on the part OF China. Of which the
Administration would be bound to take
notice. if it has any respect for its duty
under the Constitution, and at once to
convene Congress. The position of the
President in the event referred t. is clear
ly set forth in a despatch from the Hon.
Lewis Cass. then Secretary Of STATE. to
Lord Napier. dated April TO- 1857. 1t was
proposed at the time that The United
States should join with England in hostile
operations against China. Replying to the
invitation Mr. Cass wrote:
This proposition from Great Britain Ioollng to
a participation b. the United States in the exist
ing hOstiilies against China makes it pr0par to
remind your l1Td=hiD that under the Cou-tifI-
JiOn Of the United States the executive branch
of this Government l. not the war making power
The exercise ~ that great attibute Of sovereignty
is vested il CongIess, aHd the President has no
authority TO order aggressive hcs-iiitios TO be
Undertaken.
"Our naval officers have the rieht-it il their
duty, iHGeo3-to employ the forces under their
con-maEd, not only in self-defcnce but for the
protection Of the persons and property OF our
citlzens when exposed TO acts OF lawIcss Outrage
and this they have done, both in China AID else
where, and VIII DO again when necessary.
But military expeditioTS into the Chinese ter
ritory caEnu; be uud.r AIKEN without the authority
OF the National Legislature"
We commend the closing paragraph of
the quotation to the attention Of AIr.
Hay. not doubling that he Will respect
a precedent established by so distinguished
an authority as General Cass. At present
the country is not inclined to carp AZ
trifes. If there are any American repre-
sentatives or citizens, or property. left
in China to save, temporary stretching of
the Constitution for their salvation Will
not be seriously criticised. so that the
action is plainly imperative and must be
taken too quickly 10 admit OF the inter
rention Of the war-making power. But
this is not a concession that Congress
should not be convened TO meet the present
crisis, and at once Any color of excuse
for failure TO perform that duty now would
be imme lately swept away by official ro-
tice, or Information amounting to it. that
harm has befallen our Minister, or his
family, guards or the missionaries under
his diplomatic protection in Pekin.
Evidence that the current Administra-
ton policy is based upon fear OF Congress
is very strong. In the face OF what may
develop at any moment ii should give
way to respect for fundamental law and
public opinion. The American people are
in no temper to tolerate executive. i'm
perial wars in foreign parts. especially
where they must be undertaken in alliance
with mouarchical Governments.