Year: 1860

necessary 10 c3rfy IL Oh, Tue kTColucAtJ d S0A-


mander-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 we'll known intention Of the trainers Of
the Constitution


1t viii not be denied that the general "power
| to declare war; is without limitation, and en-


braces within itself not only what writer's on the


law OF nations term public or perfect war, but


also an lmpsrfect war-and in short, every species


OF hostility, however confined or limited. With


out the authority of Congress the President cannot


fire hostile gun in any case, except to repel the


attacks of an enemy. twill not be doubted that


under this power Congress could, if they thought


proper authorize the President to employ the force


at his command to seize vessel belonging to an


American citizen which had been illegally and un-
justly captured in foreign port and restored to
its owner. But can Congress only act after the


fact-after the mischief has been done? Have


they no power to confer upon the President the
authority in advance to furnish instant redress
should such case afterwards occur2 Must they
wait until the mischief has been done, and can
they apply the remedy only when it is too late2-


To confer this authority to meet future under
circumstances strictly specified, is clearly with
in 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 nation many exigencies must arise impera-





the President to act promptly on certain condi-
tions which may or may not afterwards arise
Our history has already presented a number Of
such cases.


Under the resolution of June 9, 1858, ssfor the
adjustment of difficulties with the republic Of
Paraguay" the President is "authorized to adopt
such measures and use such force as in his judg-
ment may be necessary and advisable in the event
OF refusal of just satisfaction by the government
of Paraguay "Just satisfaction for what7'-
For ssthe attack on the United States steamer
Water Witch" and 'sother matters referred to in
the annual message of the President" Here the
power is expressly granted upon the condition that
the government of Paraguay shall refuse to render
this 'just satisfaction" In this and other similar
cases Congress have conferred upon the President
power in advance to employ the army and navy
upon the happening 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 consttutionally conferred upon the Presi
dent in the case of Paraguay, why may it not be
conferred for the purpose of protecting the lives
and property of American citizens in the event
that they may be violently and unlawfully attack
ed in passing over the transit routes to and from
California or assaed by the seizure of their ves-
sells in foreign portl To deny this power is to
render the navy in a great degree useless for the
protection of the lives and property of American
citizens in countries where neither protection nor
redress can be otherwise obtained.


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, 1860" This act also contained an
appropriation "to supply Deficiencies in the reye-
nue. of the Post Office Department for the year
ending the 30th of June, 1852 Ibelieve this is
I'LL
al Government, now more than seventy years ago,
when any Congress went out of existence without
having passed all the general appropriation bills
necessary to carry on the government until the
regular period for the meeting of new Congress.
This event imposed on the executive grave re-
sponsibility. 1t presenteda choice of evils.


Had this omission of duty occurred at the first
session OF the last Congress, the remedy would
have been plain. 1 mig ght then have instantly re-
called them to complete their work-and this
without expense to the government But on the
4th of March last there were fifteen of the thirty
three States which had not elected any represent
atives to the present Congress. Had Congress
been called together Immediately, these States
would have been virtually disfranchised. an
period had been selected, several OF
the States would have been compelled to hold ex-
ira sessions of their Legislatures, at great incon-
venience and expense, to provide for elections at
an earlier day than that previously fixed by law
In the regular course, ten of these States would
not elect until after the beginning of August, and
FIVE of these ten not until October and November.


On the other hand, when l came to examine
carefully the condition of the Post Office Depart
ment, did not meet as many or as great difficulties
Is had apprehended. Had the bill which failed
been confined to appropriations for the fiscal year
ending on the Both June next, there would have
been no reason of pressing importance for the call
Of an extra session. Nothing would become due
IN contracts Chose with railroad companies only
exceptedD for carrying the mail for the first quarter
Of the present fiscal year, commencing on the lst
Of July, until the lst of fDecember|less than one
week before the meeting Of the present Congress.
The reason is that the mail contractors for this
the current year did not complete their first
quarters service until the 30th September last;
and by the terms of their contracts sixty days
more are allowed for the settlement of their ac-
counts before the Department could be called
upon for payment.


The great difficulty and the great hard
ship consisted in the failure to provide
for the payment Of the efficiency for the
fiscal year ending the 30th of June, 1859.
The Department had entered into con-
tracts, in obedience to existing laws, for
the service of the fiscal year, and The con-
tractors were fairly entitled to their COM
pensation as it become due. The di6ci-
ency, as stated in the bill, amounted to
50, $685. ,728, but after a careful settlement
Of all these accounts, it has been ascer-
tanned that it amounts to 81 ,296.009.
With the scanty means at his command
the Post Master General has managed to
pay that portion of this deficiency which
occurred in the first two quarters of the
past fiscal year. ending on the 3lst OF De-
,ember last. In the mean time the con-
tractors themselves, under these trying
have behaved in manner
worthy of all commendation. They had
,ne resource in the midst of their embar-
After the amount due to each
,fthem had been ascertained and finally
settled according to law, this became
specified debt of record against the United
States, which enabled them to borrow
money on this unquestionable securiy.-
Still they were obliged to pay interest In
of the default Of Congress,
md on every principle Of justice oughtto
eceive interest from the Government
This interest should commence from the
ate when warrant would have issued
or the payment Of the principal, had an
ppropriation been made for this purpose.
,alculated mn tn 1st Decemher II will