war; but my eloquent friend from Wisconsin steps in and says, as I understood him, although Congress may have the sole power, with the approval of the President, to declare war, yet war can be made, acts of war can be committed, without the authority of Congress. Did I understand the Senator correctly?
Mr. Howe. Yes, sir.
Mr. Schurz. What is that great safeguard of our peace and security, as it is written in the Constitution, that Congress, and not the President alone, shall have the power to declare war — what is it worth if an Executive officer of the Government can initiate or make war without Congressional authority? I have high respect for my friend from Wisconsin, but I cannot refrain from thinking such an argument would be ruled out of any justice of the peace court in the West. That the Executive department of the Government shall not commit any act of war except in case of the invasion of the territory of the United States, unless expressly authorized by Congress, that must be the meaning, and the only meaning, of that Constitutional provision; and if it be anything else it is not worth the paper on which it is written.
Mr. Howe. If my friend will allow me, he did not misunderstand what I said, but he evidently misunderstands what I intended by it. I simply said that the President could, in the discharge of his authority over the Army and Navy, commit an act of war. I did not say he could rightfully do it, but I said he would be amenable to our Government for any such conduct.
Mr. Schurz. That is another thing.
Mr. Howe. I was only trying to make a distinction between an act of war and a declaration of war.
Mr. Schurz. Very well; then let us lay down the meaning of the Constitutional provision in these terms: that the Executive department of the Government shall
