The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1941-02-06
GENERAL
HUGH s.
jon N SON
1dHc.'
wNu Sr'is
Washington, d. C..


TRANSFER OF u. S. NAVY
The President says that any sug-
gestion that, under the "leaSe-lend"
bill he might transfer part of our
navy to another nation is "cow-
umped-over-the-moon" idea-mean-
ing, we may suppose, Mother Goose
nonsense or palpable impossibility.
"Hl-diddle-diddle, the cat and the
fiddle, the COW jumped over the
MOON" He also says that he never
even considered using the navy to
convoy American shipments to Brit
ain.
A great deal of confusion is creep
ing into this debate. There is moth
ing in the s4lease-lend" bill about
conveying ships. Providing they are
not violating the neutrality act and
the Presidents own proclamations
hereunder, by entering proclaimed
war zones, or otherwise, American
ships can still sail the sea. If there
is danger of illegal interference
with them by another nation while
they are in pursuit of their lawful
business, the President doesn't need
any additional authority to protect
them with naval conveys. There
fore the convoy argument is not
properly in the debate on the ''lease-
lend" bill.
But this "cow-over-the-moon"
business is something else again.
There is no authentic record of any
cow jumping over any moon, but
there is very recent and rather
startling record of President trans
ferring very substantial part of
our navy, to wit, so destroyers, to
belligerent nation. 1t was done with
out any specific authority. There
is also considerable record of did
ding public opinion just before cleo
ton or during the debate on holly
contested legislation by promises
that were quickly forgotten-for ex-
ample, the 1882 promise not to vio-
late the gold covenants in our bonds
and money. That was the highest
diddle-diddle in all our economic his
tory. But there was no remedy.
All that happened was that "the
little dog laughed to see such sport
and the dish ran away with the
spoon"
If there is no intention to trans
fer any part of our sorely needed
armament, why is it necessary to
grant unlimited authority to do so?
With little paraphrasing and trans
position, which does no violence to
its intent, the 1776 bill authorizes
the President s'to sell, transfer,
lease, lend or otherwise dispose of
any weapon, munition, air
craft, vessel or boat any COM
ponent material any other COM
modify or article for Defense"
WAR POWERS
There is a lot of argument in ia
vor of the 'tlease-lend" war dictator
ship bill based by the so-called con-
stitutional ''war powers of the
President.
Abraham Lincoln, as President,
without any previous congressional
delegation at all, and under the war
powers of the President, simply set
aside all the constitutional guaran-
tees and compromises that made
this union possible and emancipated
the slaves.
This is dangerous doctrine. If
there is, in our form of government,
any hidden power in the President
in his own discretion, without any
actual war, simply to set the Con-
stitution aside, and do as he pleases
with the peace, prosperity, property
and destiny of the United States, we
are in a fix.
What are the "war powers" of
the President under our Constitu-
ton? In actual war and in the area
of combat on enemy territory they
are, and they must be-aS the pow
ers of a commanding general in
such territory-completely dictatori-
al and practically supreme. But
that kind of dictatorship does not
flow from his office as the President
of the United States. 1t flows from
his specific constitutional Office as
commander-in-chief of our army
and navy.
It was under this military power
and under no civil office that Presi-
dent Lincoln emancipated the
slaves. He did so only as an act of
war, only in enemy territory in &C
tual rebellion and his act was later
confirmed by congress.
He did so, and said that he did
so, not in his capacity as President
but in the execution of his office
of commander-in-chief. This is par
ticularly emphasized by the fact that
when, under such fierce factional
dogmatic urging as is now lashing
Mr.. Roosevelt, to force this great
powerful, peaceful country into war,
Lincoln attempted to Hitlerize the
civil processes of the United States
Constitution and send to concentra-
ton camps, or by a star chamber
process, whoever opposed his war
policies, authority to do so was de-
MED by the Supreme court.
There is no doubt that the "war
powers" of congress are almost un-
limited. They are like the law of
self-defense in homicide cases. They
go to almost any extent necessary
to national safety and are meas
ured only by the degree of danger
and the express prohibitions of the
Constitution.
We are facing very dangerous
question. Because wars are fire.
quently not declared" in this mad
modern world, does that mean that
the Constitution can be set aside and
that the government can convert it.