5. _Resolved_, That under the Constitution of the United States the power to declare war is placed under the safeguard of an Act of Congress; that the President alone cannot declare war; that this is a peculiar principle of our Government by which it is distinguished from monarchical Governments, where power to declare war, as also the treaty-making power, is in the Executive alone; that in pursuance of this principle the President cannot, by any act of his own, as by an unratified treaty, obtain any such power, and thus divest Congress of its control; and that therefore the employment of the Navy without the authority of Congress in acts of hostility against a friendly foreign nation, or in belligerent intervention in the affairs of a foreign nation, is an infraction of the Constitution of the United States, and a usurpation of power not conferred upon the President. 6. _Resolved_, That while the President, without any previous declaration of war by Act of Congress, may defend the country against invasion by foreign enemies, he is not justified in exercising the same power in an outlying foreign island, which has not yet become part of the United States; that a title under an unratified treaty is at most inchoate and contingent while it is created by the President alone, in which respect it differs from any such title created by Act of Congress; and since it is created by the President alone, without the support of law, whether in legislation or a ratified treaty, the employment of the Navy in the maintenance of the Government there is without any excuse of national defence, as also without any excuse of a previous declaration of war by Congress. 7. _Resolved_, That whatever may be the title to territory under an unratified treaty, it is positive that after the failure of the treaty in the Senate all pretext of title ceases, so that our Government is in all respects a stranger to the territory, without excuse or apology for any interference against its enemies, foreign or domestic; and therefore any belligerent intervention or act of war on the coasts of San Domingo after the failure of the Dominican treaty in the Senate is unauthorized violence, utterly without support in law or reason, and proceeding directly from that kingly prerogative which is disowned by the Constitution of the United States.