is founded upon equivalents granted by the treaty to the Government and people of the United States. Under these circumstances I recommend to Congress the passage of an act authorizing the President, in case of necessity, to employ the land and naval forces of the United States to carry into effect this guaranty of neutrality and protection." 1 State of the Union Messages, 953. In his annual message of December 6, 1858, the same President said: "The executive government of this country in its intercourse with foreign nations is limited to the employment of diplomacy alone. When this fails it can proceed no further. It cannot legitimately resort to force without the direct authority of Congress, except in resisting and repelling hostile attacks." Ibid., 988. Buchanan had occasion in his third annual message to repeat these views: "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 cannot fire a hostile gun in any case except to repel the attacks of an enemy." Ibid., 1018. Abraham Lincoln took a similar view of the presidential war powers. Writing at the time of the Mexican War, Lincoln said: "*** Allow the President to invade a neighboring nation whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such a purpose, and you allow him to make war at his pleasure. Study to see if you can fix any limit to his power in this respect, after having given him so much power as you propose. *** "The provision of the Constitution giving the warmaking power to Congress was dictated, as I understand it, by the following reasons: Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the Constitution that no one man should hold the power of bringing oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood.” 2 Writings of Abraham Lincoln, 52 (Lapstez ed. 1905). President Ulysses Grant recognized that he would have to come to Congress for authority to act abroad. In commenting on the situation in Cuba in 1875, he said: "Persuaded, however, that a proper regard for the interests of the United States and of its citizens entitles it to relief from the strain to which it has been subjected by the difficulties of the questions and the wrongs and losses which arise from the contest in Cuba, and that the interests of humanity itself demand the cessation of the strife before the whole island shall be laid waste and larger sacrifices of life be made, I shall feel it my duty, should my hopes of a satisfactory adjustment and of the early restoration of peace and the removal of future causes of complaint be, unhappily, disappointed, to make a further communication to Congress at some period not far remote, and during the present session, recommending what may then seem to me to be necessary." 2 State of the Union Messages, 1302. Chester Arthur also called for congressional authority to wage even limited war: "A recent agreement with Mexico provides for the crossing of the frontier by the armed forces of either country in pursuit of hostile Indians. In my message of last year I called attention to the prevalent lawlessness upon the borders and to the necessity of legislation for its suppression. I again invite the attention of Congress to the subject." 2 State of the Union Messages, 1455. President William Howard Taft refused to move into Mexico in 1911 despite the danger to American interests in that county: "It seems my duty as Commander in Chief to place troops in sufficient number where, if Congress shall direct that they enter Mexico to save American lives and property, an effective movement may be promptly made. *** "The assumption by the press that I contemplate intervention on Mexican soil to protect American lives or property is of course gratuitous, because I seriously doubt whether I have such authority, under any circumstances, and if I had I would not exercise it without express congressional approval." 3 State of the Union Messages, 2447-2448. More recently when Germany overran France in May and June 1940, Premier Paul Reynaud of France wired President Roosevelt for material assistance on June 10, 1940. President Roosevelt responded on June 15, 1940 that material and supplies would be sent in ever-increasing quantities and kinds. He continued: "I know that you will understand that these statements carry with them no implication of military commitments. Only the Congress can make such commitments." The Public Papers and Addresses of Franklin D. Roosevelt, 1940, 267. [Emphasis added.] President Dwight D. Eisenhower said in a press conference on March 10, 1954: "There is going to be no involvement of America in war unless it is the result of the constitutional process that is placed upon Congress to declare it. Now let us have that clear." COMMITTEE ON FOREIGN AFFAIRS NINETY-SECOND CONGRESS FIRST SESSION JUNE 7, 11, 14, AND 18, 1971 Printed for the use of the Committee on Foreign Affairs 65-493 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1971 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C., 20402 - Price $1 Stock Number 5270-1222 DEPOSITED BY TH. UNITED STATES OF A COMMITTEE ON FOREIGN AFFAIRS THOMAS E. MORGAN, L. H. FOUNTAIN, North Carolina CHARLES C. DIGGS, JR., Michigan RONALD V. DELLUMS, California Pennsylvania, Chairman WILLIAM S. MAILLIARD, California EDWARD J. DERWINSKI, Illinois ROY J. BULLOCK, Staff Administrator SUBCOMMITTEE ON EUROPE* BENJAMIN S. ROSENTHAL, New York, Chairman WAYNE L. HAYS, Ohio PETER H.B. FRELINGHUYSEN, New Jersey CORNELIUS E. GALLAGHER, New Jersey JAMES G. FULTON, Pennsylvania JOHN S. MONAGAN, Connecticut LEE H. HAMILTON, Indiana ROY A. TAYLOR, North Carolina MORGAN F. MURPHY, Illinois PAUL FINDLEY, Illinois J. HERBERT BURKE, Florida CLIFFORD P. HACKETT, Includes the European "Captive Nations." (II) |