A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It will not be denied that the general "power to declare war" is without
limitation and embraces within itself not only what writers on the law
of nations term a public or perfect war, but also an imperfect war,
and, in short, every species of hostility, however confined or limited.
Without the authority of Congress the President can not fire a hostile
gun in any case except to repel the attacks of an enemy. It will 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 a
vessel belonging to an American citizen which had been illegally and
unjustly captured in a foreign port and restore it 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 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 under circumstances strictly specified is as clearly 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 a great
nation many exigencies 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 already presented
a number of such cases. I shall refer only to the latest.
Under the resolution of June 2, 1858, "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 in the event of a refusal of
just satisfaction by the Government of Paraguay." "Just satisfaction"
for what? For "the attack on the United States steamer _Water Witch_"
and "other 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.
Public-domain text, read in full here on John Shaqi.
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