of a nation with whom the United States were at peace, in a contingency arbitrarily defined by himself other than self-defense, did usurp the war-making power of Congress.
Mr. Howe. Will the Senator answer me this question? Does he mean to say that the President can only employ force in a case where its employment has been preceded by an actual declaration of war by the Congress of the United States?
Mr. Schurz. We know very well that when the territory of the United States is invaded he has the right to employ force.
Mr. Sherman. On the high seas?
Mr. Schurz. There also in case of an attack.
Mr. Howe. The Senator then admits that force may be employed in cases where Congress has not declared war; that cases may exist in which the President may employ force where war has not been declared by Congress. He admits that.
Mr. Schurz. I said so.
Mr. Howe. Then will the Senator answer me this other question: who shall determine in what cases the President may or may not employ that force where war has not been formally declared by Congress, if President Grant shall not?
Mr. Schurz. I think the Senator had better formulate his question in this way: who shall determine whether an invasion of the United States is an invasion or not? Is not that it? Who shall determine whether an attack upon a vessel of the United States——
Mr. Stewart. Allow me to ask the Senator——
Mr. Schurz. In one moment. Who shall determine whether an attack upon a vessel of the United States on the high seas is an attack or not? Why, sir, is not that trifling with the common-sense of the people?
