Year: 1860

| CENTRAL AMERICA.


The treaty with Nicaragua of the 18th
February, 1857, to which I referred in my
last annual message, failed to receive the
ratification of the government of that repub-
lie, for reasons which need not enumerate.
A similar treaty has been since concluded
between the parties bearing date on the
10th March, 1859, which has already been
ratified by the Nicaraguan Congress. This
will be Immediately submitted to the Senate
for their ratification. Its provisions cannot,
l think, fail to be acceptable to the people
of both countries.


Our claims against the governments of
Costa Rica and Nicaragua remain unre-
dressed, though they are pressed in an
earnest manner, and not without hope of
success.


TRANSIT ROUTES-THE WAR MAKING POWER.


deem it to be my duty once more ear
nestly to recommend to Congress the
passage of law authorizing the President
to employ the naval force at his command
for the purpose of protecting the lives and
property OF American citizens passing in
transit across the Panama, Nicaragua, and
Tehuantepec routes, against sudden and
lawless outbreaks and depredations. I shall
not repeat the arguments employed in for
mer messages in support of this measure.
Suffice it to say that the lives of many of
our people, and the security Of vast amounts
of treasure passing and repassing over one
or more of those routes between the Allan
tic and Pacific, may be deeply involved in
the action of Congress on this subject.


I would, also, again recommend to Con-
gress that authority be given to the Presi-
dent to employ the naval force to protect
cargoes, against violent and lawless seizure
and con6scation in the ports of Mexico and
the Spanish American States when these
countries may be in disturbed and revolu-
tionary condition. The mere knowledge
that such an authority had been conferred,
as 1 have already stated, would of itself,
in great degree, prevent the evil. Neither
would this require any additional appropri-
alton for the naval servives.


The chief objection urged against the
grant of this authority is, that Congress, by
comforting it, would violate the constitu-
tion-that it would be a transfer of the
war making, or, strictly speaking, the war
declaring power to the Executive. If this
were well founded, it would, of course, be
conclusive. A very brief examination,
however, will place this objection at rest.


Congress possess the sole and exclusive
power, under the constitution, " to declare
war" They alone "can raise and support
armies" and "provide and maintain navy"
But after Congress shall have declared war
and provided the force necessary to carry it
on, the President, as Commander in chief of
the Army and Navy, can alone employ this
force in making war against the enemy.
This is the plain language, and history
proves that it was the well known intention
of the trainers of the Constitution.


1t will not be denied that the general
"pCwsr to declare war" is without limita-
tiOn, and EN- mbraces within itself not only
what writers on the law of nations term a
public or perfect war-but also an imper-
feet war-and, in short, every species of
hostility, however confined or limited.
Without the authority of Congress the
President cannot fire hostile gun in any
case except to repel the attacks of an enc
my. 1t will not be doubted that under this
power Congress could, if they thought pro-
per, authorize the President to employ the
force at his command to seize vessel be-
longing to an American citizen which had
been illegally aud unjustly captured in a
foreign port and restore it to its owner.
But can Congress only act after the fact--af-
ter the mischief has been done? Have they no
power to confer upon the President the author
| ity in advance to furnish instant redress should
such a case afterwards occur? Must they wait
until the mischief has been done, and can they
apply the remedy only when it is too late? To
confer this authority to meet future cases un-
der circumstances strictly specified, is as clear
ly within the war declaring power as such an
authority conferred upon the President by act
of Congress after the deed had been done. In
the progress of great natOn many exigen-
cies must arise imperatively requiring that
Congress should authorize the President to act
! promptly on certain conditions which may or
may not afterwards arise. Our history has al.
ready presented number of such cases. |
shall refer only to the latest.


| Under the resolution of June I'd, 1853, "fOr
the adjustment of difficulties with the republic
of Paraguay" the President is ''authorized to
| adopt such measures and use such force as in
his judgment may be necessary and advisable
the government of Paraguay" "Just satisfac
3ion" for what? For 1.-THE attack on the United
States steamer Water Which," and ''other mat
ters referred to in the annual message of the
| PRESIDENT. Here the power is expressly
granted upon the condition that the govern
ment of Paraguay shall refuse to render this
lust satisfaction" In this and other similar
cases, Congress have conferred upon the Presi.
dent power in advance to employ the army
and many upon the opening of contingent future
events, and this most certainly is embraced
within the power to declare war.


Now, if this conditional and contingent power
could be cOnstitutiOnay conferred upon the
President in the case of Paraguay, why might
it not be conferred for the purpose of protect.
ing the lives and property OF American citizens
in the event that they may be violently and un-
lawfully attacked in passing over the transit
routes to and from California, or assaed by the
| seizure of their vessels in foreign port? To
| deny this power is to render the navy in a
| great degree useless for the protection of the
lives ana property of American citizens in
countries where neither redress can be other
wise obtained.


| POST OFFICE DEPARTMENT..


| The Thirty fifth Congress terminated on the
Sd OF March, 1859, without having passed the
''act making appropriations for the service Of
the Post Office Department during the fiscal
year ending the 30th June, 1850" This act
also contained appropriation Ito supply de-
| fciencies IN the revenue of the Post Office De.
| partment for the year ending the 3Oth June,