Page:Speeches, correspondence and political papers of Carl Schurz, Volume 2.djvu/208

188 whom nobody pretends that he possesses the power to initiate a war of his own motion under the Constitution, still does possess the power, by making a treaty, to create an inchoate right of the United States in some foreign country, and having by his own arbitrary act created that inchoate right, he has the power at his own arbitrary pleasure, without authority from Congress, to commit acts of war for the enforcement of that inchoate right. In other words, it is claimed that the President, by an act performed of himself at his own arbitrary pleasure, in conjunction with a foreign Government, may obtain for himself alone the war-making power, which the Constitution expressly vests in Congress. I look upon this as perhaps the hugest absurdity, the most audacious preposterosity, the most mischievous, dangerous and anti-republican doctrine that ever was broached on the floor of the Senate. When we hear advocated in the American Senate so wild a heresy, as that the President, by a mere sleight-of-hand, may steal from Congress the war-making power, does it not occur to you, Senators, that it is at last time that such theories and such acts should be sifted to the bottom by independent men?

But I am asked, may not the United States during the pendency of a treaty of annexation assume a protectorate over the country to be annexed, so as to prevent foreign intervention? Most assuredly the United States may do that. The United States may do that by force of arms, may do it by acts of war, may in every possible way en force that protection. The United States may do that by a simple exercise of their sovereignty, may do it even without a treaty, may do it just as the United States, by a simple exercise of their sovereignty, may declare war, with or without reason, against any country in the world. But where does that sovereignty reside? Does that sovereignty reside in the President alone? This is, perhaps,