New Britain herald., 1928-08-17
PROTECTION ABROAD

PROTECTION ABROAD
Secretary Wilbur has been making
optimistic reports OF late, declaring
that all is we'll in Nicaragua and that
the coming election under American
auspices will be a square and fair
battle of ballots. SANDING, of course.
is not yet captured; but the election
will be held regardless of this little
pinprick.
1t appears that American inter-
vention abroad therefore will win
another decisive victory. Yet there is
no doubt that the entire system of
protecting the lives and property of
Americans abroad is based upon
executive precedent, practice and
declaration rather than upon con-
stitutional and congressional war
rant The question remains live
one in Congress. and perhaps will
be brought forward again at the next
session; but considering the many
years during which the protection of
Americans in foreign lands hinged
exclusively on such action ordered
by the President. or commander-in-
chief of the army and navy, It is un-
likely that at this late date there
will be a definite change.
! However, it is interesting to brief
| ~ trace the development of the
system. The Constitution (Article l,
Section s. The Congress shall have
power ...... to declare war ......
and make rules concerning captures
on land and water ......'
But the Constitution article II
Section ~ also reads: The executive
power shall be vested in President
...... (who) shall be commando,
ir chief ..... and OF the militia Of
the several states and tSection 3,
he shall take care that the laws b.
faithfully executed"
Thus the power to use the armed
forces in the absence of a declara
ton of war comes from his consti
tutional power as commander; ant
this power, it has been assumed
exists in time of peace as we'll al
during war.
There has been only one excep
ton, from the time of Thomas jeff
erson TO the present, that the Pres
ident did not regard the Use abroa'
: of armed forces to protect life AM
: property as a power of Office. Thi
, exception was President Buchanan
: who claimed that without the author
, ity of Congress the President coul
| not lawfully use the armed force
abroad even for the protection Q
5 American lives and property In
: special message to Congress on Eel
: ,uary Is. 1859. he recommended tina
= il pass a law comforting such power
: Congress did not pass it.
= Senator Borah. who claims to /
s an expert. says the President he
. the right to use marines in Latil
= America when occasion demand
Yet there are frequent grumblint
S from minority in Congress. In o,
o opinion the law is not explicit b,
a custom and precedent seem to be II
guide There are numerous congress
men who continually grumble abo1
the use OF armed forces in vario,
I parts of the world without the pri'
y consent of Congress. as they clai
r the Constitution provides. but ths
!. rarely do more than irritate the y
: partme of state. The last time Il
y matter was brought up ii was
the form of rider to the nav
@ appropriation bill. the rider callii
S. for the withdrawal Of marines fro
Nicaragua. The rider was defeate
: not on its merits. but because
l. question OF such importance shou
d rot have been a rider to an appr
Ie priation bill. This attitude undoul
e eddy was correct. II is qucsti'
a that should he debated and sol>
'e on its merits, not as rider