Year: 1860



 pressly granted upon the condition that the government of Paraguay shall refuse to render this "just satisfaction" In this and other similar cases Congress has con- ferred 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 continually conferred upon the President in the case of Paraguay. why may 1t not be conferred for the purpose of protecting the lives and property of Ameri- can cltlzens in the event that they may be violently and unlawfully attacked in pass Ing over the transit routes to and from Cali fornla, or assailed 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 and property of American citizens in coun- tries 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, loeo." This act also contained an appro- prlatlon to supply deiciences in the rev. enue ot the post-otfice department for the year ending the 30th of June, 1o59." I believe this is the first instance since the orlgln of the federal 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 regu- lar period for the meeting of a new Con- gress. This event imposed on the Execu- tive grave responsibility. It presented choice of evils

 the first session of the last Congress the remedy would have been plain I might then have instantly recalled them to com plete 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 rep resentatives to the present Congress. Had Congress been called together immediately, these States would have been virtually dis li"hShioSu. II d'l HUI DtIlOu Ildu been selected, several of the States would have been compelled to hold extra sessions of their legislatures, at great inconvenience 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 be- ginning of August, and five of these ten not until October and November.

 On the other hand, when 1 came to ex- anime carefully the condition of the post office department, I did not meet as many or as great difficulties as had apprehended. Had the bill which failed been confined to appropriations for the fsical year ending on the 3Oth of June next, there would have been no reason of pressing importance for the call of an extra session. Nothing would become due on contracts (those with railroad companies only excepted) for car rying the mail for the first quarter of the present fiscal year, commencing on the 1st of July, until the 1st of December-less than one week before the meeting of the pre- sent Congress. The reason is that the mail contractors for this the current year did not complete their first quarters service until the 3Oth of 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 cal led upon for payment.

 The great difficulty and the great hard ship consisted in the failure to provide for the payment of the deficiency in the fisical year ending the 30th June, 1859 The de- partment had entered into contracts, in obedience to existing laws, for the service of that fiscal year, and the contractors were fairly entitled to their compensation as it became due. The deficiency as stated in the bill amounted to S3, ,S3S, FPS, but, after a careful settlement of all these accounts, 1t has boon ascortainod that it ounte to $4 296, ,00O. With the scanty means at his command the general has managed to pay that portion of this deh ciency which occurred in the first two quar- ters of the past fiscal year ending on the 3lst December last. In the meantime the contractors themselves, under these trying circumstances, have behaved in a manner worthy of all commendation.

 They had one resource in the midst of their endorsements. After the amount due to each of them had been ascertained and finally settled according to law, this became a specific debt of record against the United States, which enabled them to bor- row money on this unquestionable security. Still they were obliged to pay interest in consequence of the default of Congress, and on every principle of justice ought to receive interest from the Government. This interest should commence from the date widen warrant would have been is- sued for the payment of the principal, had an appropriation been made for this pur- pose. Calculated up to 1st December, it will not exceed S96, ,660-a sum not to be taken into account when contrasted with the great difficulties and endorsements of public and private character, both to the people and the States, which would have resulted from convening and holding special session of Congress.

 For these reasons 1 recommend the pas sage of a bill, at as early day as may be practicable, to provide for the payment of the amount, with interest, due to these last mentioned contractors, as well as to make lne necessary aPpIopIIatlons TOT tne SerVIce of the post-office department for the cur rent fiscal year.

 The failure to pass the post-ohice bill necessarily gives birth to serious reflections Congress, by refusing to pass the general appropriation bills necessary to carry on the government, may not only arrest its action, but mighteven destroy its existence The army, the navy, the judiciary, in short every department of the government. can no longer perform their functions if Con- gress refuse the money necessary for their support.

 If this failure should teach the country the necessity of electing full Congress ill sufficient time to enable the President to convene them in any emergency, even inn mediately after the old Congress has ex- pired, it will have been productive of great good. In time of sudden and alarming danger. foreign or domestic, which all na- tions must expect to encounter in their progress, the very salvation of our institu. tions may be staked upon the assembling of Congress without delay. If, under such circumstances, the President should find himself in the condition in which he was nlaced at the close of the last Congress