hemselves. The owners fought the
proceedings and these suits, called "The Prize Cases," were carried to
the Supreme Court of the United States. The court held that while
Congress under the Constitution had sole power to declare war,
nevertheless, actual war might follow with all its legal consequences if
a nation invaded our country or if such an insurrection arose as that
which had just taken place in the Civil War.

Let me give you an example of presidential authority exercised in
pursuance of his constitutional duty to execute the laws even when
Congress passes no law on the subject-matter. The Canal Zone was
acquired by a treaty with Panama that followed its recognition--a
recognition made with such promptness that it has since attracted some
criticism. Congress passed a law that the President should have power to
govern that country for a year, but failed to renew the grant of power.
The question arose then as to what was to be done in the Canal Zone. A
prior act covering the building of the Panama Canal required the
President to build it through a commission, but that was all. He might
build it anywhere, either in Nicaragua or Panama, but he had no express
governmental power over the Canal territory. He had, however, to see
that the laws were executed, which meant that he must look after every
piece of territory belonging to the United States and safeguard it in
the interest of the people. It seemed to us, therefore, to be within the
executive authority, until Congress should act, to continue the
government of the Zone, maintain courts, execute men who committed
murder, and discharge all the political functions required to constitute
a law-abiding community.

Let me give you another instance of the President's exercising a law
that Congress did not pass. Sarah Althea Hill thought she was married to
Senator Sharon, at least she said she thought so. Senator Sharon was a
rich man. She wished to share it. So she brought in the State courts of
California a suit for divorce and alimony against the senator and
exhibited a letter purporting to have been written by the senator
admitting the marriage. She got into a great deal of litigation and
employed as her lawyer Judge Terry. Senator Sharon then brought suit in
the United States Court in California to have this letter declared a
forgery and delivered up to him. Justice Field of the United States
Supreme Court heard the case on the circuit. Judge Terry, who had been
on