Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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.
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