not commit an act of war except in case of an invasion of the United States by a foreign enemy, unless expressly authorized by Congress. Is that it?
Mr. Howe. Will you repeat that?
Mr. Schurz. I will repeat it once more.
Mr. Sumner. It will bear repeating.
Mr. Schurz. Certainly, it will bear repeating, and I think in our times it can hardly be repeated too often. The meaning of the provision of the Constitution that Congress shall have power to declare war is simply this and nothing else: that the Executive department of the Government shall not commit an act of war except in case of an invasion of the territory of the United States, unless expressly authorized by Congress. Is that it?
Mr. Howe. No, sir.
Mr. Schurz. Let me hear what it is, then.
Mr. Howe. I admit that the President should not and ought not to commit an act of war unless under such circumstances as will justify him in that act in the judgment of the tribunals of the country, whether they are legislative or judicial.
Mr. Schurz. Very well. The definition of the Senator from Wisconsin, then, if I understand him correctly, is this: the President shall not commit an act of war unless under circumstances which are approved by Congress as being such that he may rightfully commit an act of war. Is that it?
Mr. Howe.I will accept that.
Mr. Schurz. Very well. Now, sir, that in this case Congress has not declared war or authorized the commission of acts of war is absolutely certain. Then the question occurs, were acts of war actually committed? The President ordered officers of the Navy of the United States to employ the force of arms to capture or destroy the ships of a foreign nation with whom the United States
