TaÌˆgliche Omaha tribuÌˆne. [volume] (Omaha, Nebr.) 1912-1926, 1917-02-28
THE PEOPLE OF THE UNITED STATES
ALONE HAVE THE CONSTITUTIONAL
md MORAL RIGHT TO DECLARE WAR.
From The New York American, Feb. IA, 1917

VI Wdi ONCI d uClllltliou VI Ici
lonies on the high seas and OF.
lenses against the law Of ma.
tons unconstitutionally and i'm
lawfully made by the usurpa,
ton of your sole powers by a
Cabinet officer, with your IL
legal and unconstitutional an
sent.
For, Senators and Represent
atives, if our fathers wrote any
grant or prohibition Of powers
clearly into our Supreme Law,
they clearly commanded that
you, and you alone, should
have the power or exercise the
power to define what acts Of a
submarine are and what are not
felonies on the high seas and
offcnses against the law Of ma
tons.
Article l., Section 8, para
graph 10, Of the Constitution
says:
THE CONGRESS shall have
power:
ITO define and punish pira-
cies and felonies committed on
the high seas and offenses
against the law Of nations
And paragraph II, continu-
ing, says:
ITO declare war, grant let
tiers of marque and reprisal and
make rules concerning captures
on land and water"
Now, it is impossible to
make language more explicit
than that.
Who is commanded by our
Supreme Law to define how a
submarine may attack a ship
and how it may not, and whe-
Their a ship Carrying cannon is
armed ship or not an armed
ship, and how it may and may
not be sunk without commit
ting a felony on the high seas
or an offense against the law
Of nations?
The CONGRESS-you, you
and Representatives.
And who has performed this
sovereign function of Govern
solely confided by the
Constitution to your hands?
Why, Mr.. Secretary Lansing
has performed that sovereign
And where did he get his
authorization to perform a sole
of the Congress?
From you?
No. +.
You could not lawfully dele.
gate that power to him il YOU
to. The Constitution af-
lords you no method of strip
ping yourselves Of the sole
authority it imposes in you and
means you shall solely exercise.
Neither could you lawfully
that power to the
President nor to the Supreme
Mr.. Lansing's notification to
belligerents that Our Govern
ment defined and would hold an
armed merchant ship to be an
armed ship under certain con-
ditions and an unarmed ship
other conditions, and
would hold certain submarine
lcts to be legal and others to
DC offenses against the law Of
nations, was a high-handed and
mpeachable usurpation Of the
bower conferred solely upon
yourselves, sitting as the Con-
gress Of the United States.
And when you consent to
a usurpation of your
powers you are faithless to your
,aths to uphold and maintain
ind obey the Constitution.
Consider, now, what has been
he result of this derelictiou Of
on your part, Of this I'M
Constitutional transfer of your
authority and powers to a mere
department. head-a sort of hy-
,rid office created by the Con
yress, with ill-defned powers
unfortunately, with a
tendency among those
Who occupy it to usurp func-
ions Of legislations as we'll as
# administration.
Without any mandate from
'ou, without even asking your
,ermission, Mr.. Lansing has
ito DEFINE and pun
sh piracies and felonies com
on the high seas, and of
enses against the law Of ma
with the result that we
re face to face with war OVER
LANSING'S DEFINI-