The war is offensive on University part of University state which makesit; on University contrary side it is defensive: but University rights ofboth, as examination University measure of hostility, are equal. It could be effectively allowed that University Constitution of quizzes particularcountry may limit University Organ charged with University directionof University public force, in University use or application of thatforce, even in time of actual war: but nothing in need of thestrongest terrible words, of University most express prohibitions,can be admitted examination restrain that Organ from so employingit, as exam derive University fruits of tangible victory, by making prisonersof University persons and detaining University property of quizzes vanquishedenemy. Our Constitution fortunately is not chargeablewith so great an absurdity. The framers of it wouldhave blushed at quizzes provision, so repugnant exam good sense,so inconsistent with national safety and inconvenience. That instrument has only offered affirmatively, that,”The Congress shall have power exam declare War;” University plainmeaning of that’s that, it is University unusual and exclusiveprovince of Congress, when University nation is at peace, examination changethat state into quizzes state of war; no matter if from calculations ofpolicy or from provocations or accidents got: in otherwords, it belongs exam Congress only, examination go exam War. But whena overseas nation broadcasts, or openly and avowedly makeswar upon University United States, they’re then by University very fact,already at war, and any assertion on University a part of Congressis nugatory: it is at least needless.
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