The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1917-03-22
CUMMINS FAVORs EXTRA SESSION
!. HIS NOTABLE SPEECH IN SENATE

said by various other senators who
preceded him, declared that we gave
him nothing more than was given him
tention. assert that we are giving
him great deal more than is given
To him in the constitution. We are not
enlarging the scope of his obligation TO
defend or protect the property and the
lcitizens of the United States; but, with
the constitution as il is, there are GER
tain things that he can do in defending
the lives of our citizens and in protect
| ms their property, and certain things
he cannot do; and we are attempting
to confer upon him indefinite and I'M
certain power to accomplish his duty
by any instrumentality or any method
which he may think necessary to use
for that purpose.
That is my objection to it; and !
marvel that anybody who loves the
constitution, anyone who believes that
the welfare of our country depends
upon maintaining the three depart
Iments of the government distinct from
leach other, Independent of each other,
free in their operations, dares to vote
for bill which says the president, in
order to protect the people and the
property of the United States can use
any fundamentally or any method
which he may be able to command.
Now, let us see if | am right. The bill
IN, thncn Nunr1c en- fap ha rnint
am now discussing is concerned:
And that he be, and is hereby au-
,thorized and empowered to employ
isuch other instrumentalities and meth.
DDS as may, in his Judgment and dis
lcrction, seem necessary and adequate
tn protect such vessels and the citi
zcns of the United States thereon"
/ admit that he has the power or
that it is his duty to protect these YES
sells and the citizens of the United
States who may be lawfully upon
them. agree to that. But is there a
lawyer here, or is their thinking man
here who will say that in the execu
ton of that duty the president can
employ any instrumentality or any
method which he might believe to be
ne cessary or adequate? 1t cannot be of
fiImed; and yet we are attempting to
give to the president the right to reach
anywhere, to anything, to any instru-
mcntl or any method, and bring them
to the execution of his, duty to protect
the people in these rights.
Our effort in that respect is futile, of
course. The difficulty is that it never
can be reviewed. If there were a court
tic which that question could be APP
pealed, | would risk whatever reputa-
ton have with respect to law ii
would declare than an effort on our
part to transfer to the president ev.
cry instrumentality and every method
which, in his judgment, was required
> was an exercise of power that we were
not given by the constitution. This
gives the president, if it were valid
and it must be accepted as valid be
cause, as | say, there is no way, so far
as know in which the judgment of
congress in that respect can be re-
vicwed-the power to make war if he
so desires and if he believes that that
> is Il necessary and adequate instrumen
tality to protect the property and the
citizen. Are you willing that the presi-
dent shall make war without any fur
; Their action of congress in order that
this protection may be afforded?
; might be willing myself to vote for
war in order to protect our rights
| upon the high seas in these regards,
but am not willing to give the presi.
dent or any other man the right to
, make war in order to protect them. II
, there Is anything that he desires
/ which we have not already given him
, in the previous part of the bill, and
which he thinks is necessary, and
! which we think constitutional, and
, which we think effective in order to
more completely protect our property
! and the lives of our people, l am will.
, ing to give it to him, and there will
b" no hesitation so far as am con.
cerned'
The senator from Massachusetts,
: (Mr. LODGE said yesterday that this
would not authorize him to do an un-
neutral thing; in other words, that it
would not authorize him to commit a
hostile act. think it would. 1t is diff
ference in judgment between the sena,
: tor from Massachusetts and myself
But when we begin with the PROPOSE
ton that the president has the consti
= tutional power to protect and defend
our people and that he can use with
out any act of congress at all certain
Observation-Disclosures and certain methods
In harmony with our municipal law
ard international law, then in order to
enable him to better accomplish his
purpose we say he can use any instru-
mentality and any methods that may
be adequate. hope 1t will not be
thought that l have in my mind the
belief that the president would do
these things. do not think he would.
But am not willing to give any man,