WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 381 



the arming of merchant vessels as a defense against German sub- 

 marines but added : ^^ 



" No doubt I already possess that authority without special warrant of 

 law, by the plain implication of my constitutional duties and powers, but I 

 prefer in the present circumstances not to act upon general implication. 1 

 wish to feel that the authority and the power of the Congress are behind me 

 in whatever it may become necessary for me to do." 



The proposed measure passed the House of Representatives but 

 was defeated by a Senate filibuster. Several Senators attacked it 

 as an unconstitutional delegation of the power to declare war. 

 However, on March 12th, Secretary of State Lansing gave out a 

 statement to the foreign legations in Washington that : ^^ 



" The government of the United States has determined to place upon all 

 American merchant vessels sailing through the barred areas, an armed 

 guard for the protection of the vessels and the lives of the persons on 

 board." 



President John Adams had no doubt of his power to authorize the 

 arming of merchant vessels, although he asked Congress to make 

 detailed regulations for this purpose as it did in 1798.^^ The neu- 

 trality laws appear expressly to recognize the President's power by 

 requiring armed merchant vessels leaving American ports to give 

 bond "until the decision of the President is had thereon." ^* It 

 should be noticed, however, that international law, as interpreted 

 in American courts, authorizes the condemnation by a belligerent 

 of merchant vessels resisting visit and search,^" and an act of 1819, 

 still in effect, expressly prohibits resistance to " a public armed 

 vessel of some nation in amity with the United States." *^ The 

 President's power to authorize arming is, however, clear, as is 

 his power to authorize protection by naval convoys.^^ 



3^ Corwin, op. cit., p. 152. 



37 Naval War College, Int. Law Docs.. 1917. p. 225. 



38 Message, May 16, 1797, Richardson, Messages, i : 237. 



39 Criminal Code of 1910, sec. 17. 



40 The Bermuda, 3 Wall. 514; The Jane, 37 Ct. CI. 24; The Rose, 37 Ct. 

 CI. 240; Moore, Digest, 7: 485-487; Naval War College, Int. Law Topics, 

 1903, p. no; 1907, p. 61. 



41 Act March 3, 1819, 3 Stat. 513, made permanent Jan. 30, 1823, 3 Stat. 

 721. See also remarks of J. Q. Adams, Moore, Digest, 7 : 492. 



*^ Ibid., 7: 492; Corwin, op. cit., p. 156. 



