Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/68

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
60
CONSTITUTION OF THE U. STATES.
[BOOK III.

other countries, it is usually, if not universally, confided to the executive department. It might by the constitution have been confided to the executive, or to the senate, or to both conjointly.

§ 1166. In the plan offered by an eminent statesman in the convention, it was proposed, that the senate should have the sole power of declaring war.[1] The reasons, which may be urged in favour of such an arrangement, are, that the senate would be composed of representatives of the states, of great weight, sagacity, and experience, and that being a small and select body, promptitude of action, as well as wisdom, and firmness, would, as they ought, accompany the possession of the power. Large bodies necessarily move slowly; and where the co-operation of different bodies is required, the retardation of any measure must be proportionally increased. In the ordinary course of legislation this may be no inconvenience. But in the exercise of such a prerogative, as declaring war, despatch, secrecy, and vigour are often indispensable, and always useful towards success. On the other hand it may be urged in reply, that the power of declaring war is not only the highest sovereign prerogative; but that it is in its own nature and effects so critical and calamitous, that it requires the utmost deliberation, and the successive review of all the councils of the nation. War, in its best estate, never fails to impose upon the people the most burthensome taxes, and personal sufferings. It is always injurious, and sometimes subversive of the great commercial, manufacturing, and agricultural interests. Nay, it always involves the prosperity, and not unfrequently the existence, of a
  1. Mr. Hamilton's Plan, Journal of Convention, p. 131.