We have before us a speech by Mr.
Adams, on the joint resolution for distributing rations to the
distressed fugitives from Indian hostilities in the States of Alabama
and Georgia, delivered in the House of Representatives, May 25, 1836,
and published at the office of the National Intelligencer. We quote
from it the following classification of the powers of Congress and
the Executive:--
"There are, then, Mr. Chairman, in the authority of Congress and of
the Executive, two classes of powers, altogether different in their
nature, and often incompatible with each other--the war power and
the peace power. The peace power is limited by regulations and
restricted by provisions prescribed within the Constitution itself.
The war power is limited only by the laws and usages of nations. This
power is tremendous: it is strictly constitutional, but it breaks
down every barrier so anxiously erected for the protection of
liberty, of property, and of life. This, sir, is the power which
authorizes you to pass the resolution now before you, and, in my
opinion, no other."
After an interruption, Mr. Adams returned to this subject, and went
on to say:--
"There are, indeed, powers of peace conferred upon Congress which
also come within the scope and jurisdiction of the laws of nations,
such as the negotiation of treaties of amity and commerce, the
interchange of public ministers and consuls, and all the personal and
social intercourse between the individual inhabitants of the United
States and foreign nations, and the Indian tribes, which require the
interposition of any law.
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