Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-12-25

undue latitude of CONSTRUCTION snouW ~" RI
val; and The Executive, as such, ce enuueu ~
the iuIl armor which The war power oi The Con-
siu,ion and the law Of nations aif'rd IN 9ul 10,
tional conflicts in foreign coun,r's we shai! opem.
in our national path yawnins chasni, " inS'
all The noble iederaiive features vi our 0osein
meni and cast up 10 their Stead buia tnoHs,'ouS
centralism. Establish but a false precedent neie,
and The events OF no distant lime may eherase -
is an epi,aph on the tomb ci'our cpnS'''u''u qua.
liberty and free institutions. ! speak MOI 'n"s
from any distrust Of The present Executive. ! am
irs friend | believe it would never knowingly
desire sncb dangerous precedent, and be lne last
to exercise unwarranted powers But sun, 'h *
ercise by apy unconstitutional authority ID uan-
eerous. and lis advances in later times, ana I'D
less pure hands, nigh, verify The most faial lore
holdings. Thus admonishing, and myseii 'h-
pressed, ask, then, again, what are tne Powe.s
the Executive, as such may exercise ouflhs wa
over conquered dominicns OF The enemy, anu
whence derived My answer is, unhesilatlney'
pone derirable from he Constitution, as merely e1-
! ecii,uc po,c rs
We have seen, from my previous areumenl,
that the nation conquering subdued provinces y
clearly entitled and bound, SO lar as comPa'ioie
with sel:-delence and the maintenance oil lis con-
quest, 10 establish provisional civil governments
and may also, going much further, II II so eiec',
even incorporate lis conquest and lis lnhaoi!dn's
with her domnions and among her citizens. bul
may either or both these powers be exercised by
the President as executive powers2 humbly
think mol. II the power TO do either or both oe
conferred BY that clause ofthe Constitution which
repuses absolutely all the executive powers grant
ed in the President, then you endow hlm e1clu-
siyey with them, 10 be exercised al his discretion
and under his sole control. The powers will be
beyond The reach and not subject TO the govern
ance Of the Legislature OF The Union. Derive
them from that clause, and lei this war last zen
or twenty years, you would make The Executive
monarch, absolute over extensive provinces.
| He might frame governments, appoint officers,
levy contributions, and even raise armies in his
extensive conQnesls, and govern win all the pow
err if not even with The poInp aud circumstance
| OF an eastern emperor. Such startling conse-
| uuenceS can never Justly result frrm Inc leSlll-
mate functions OF our constitutional executive.
To some other clause, then, of our Constitution,
must resort be had Tor The powers 10 be exercised
by the President over conquered provinces; for
thai serious powers should devolve on him IS evil
DENLY both right and natural. That noble IN
stIumsnt which, from The wisdom Of us framing,
has proved cqualo all emergencies arising in our
history. will not venture TO think, be found
wanting here. hunbly suggest that all requl-
size powers will be found conferred on The Pfesl-
dent by one or both eftwo other clauses OF the Con-
| stution alude 10 that 10 which prefer 10 re-
| Ter it, which declares The President shall be en-
offeio he comma nde r-n-chiet of the military and
naval forces of The Union and 10 that clause
which renders il incumbent on him TO see that
The laws are faithfully executed. The powers
hence derived land IL is a distinction ,rortdy of
nole) would be under The constant control and SUI
pervision o the legislature Of The Union. As
commander oil the forces merely, his powers may
be defined and limited by precedent legislalion
or NAV be controlled, and uverrued by subse-
ouent enactmenis Now, having obtained the
source OF his powers and the character in which
he can alone aci, il is not difficult 10 determine
with some precision the extent OF authority ne
NAV rishiiuily exercise over conquered provinces.
We have seen that the power-a' once right
and duty Of a conq1rror-tn establish provision
al civil governments, results from The high mill
tary functions OF defending his army and its con-
quest, and the obligation of exercising The au-
thority with which, from having superseded BY
force The existing civil polity oil the conquered
province, he must of necessity be for the time in
vested, in the greatest practicable conformity with
Justice and humanity toward. the subject people
The power, therefore, OF establishing provisional
temporary governments over the conquered pro.
vinces of Mexico; Of personally, or through his
commanders, making all essential notifications
and changes in the existing institutions of The
conquered people, and Of taking all the steps re-
people, and administer justice, clearly appertain-
ed 10 the commission and functions OF a general
issimo, and nigh; he, as it probably has bcen
exercised BY the President in his capacity as
commander -n-chri under the Constitution
Gut his powers in that calac:Iv over these con-
oaerea provinces oi Mexico might have been at
any inc hettt foe limited or more clearly de-
fined D; The legislation IL Congress, as The SUBJ
lecl OF his past &C ion may even now he CONTROL
| -, fan, he
arrangements made ty The President, or his COM
nianding generals and The provisional govern
mrnls established by them in all their features
loaether with he whole subject OF the powers
| which shall be hereafter exercised In those pro-
vlnces IS ihr President, mSy row come under
The rryirw and ac'ion al In, CongfcsS: and II
would peihafs H. well, thar alter aua ming a
fuller knowledge of all the circumstances Of The
Country, and a more comprehensive survey Than
could have been enjoyed by The President, we
should proceed TO lesislalc in relation TO the
forms OF provisional governments IL be retained
over these conquered provinces, and to cehne
more specially The functions OF The authorities 10
be employed in them. But whether we may
choose to act now or not, il is clear, lis il no!1)
that in the absence oil precedent legislation re-
gulating the powers OF the President as command
er-in-chiei. he has not, in The establishment OF
provisional governments ever The conquered pro-
his clear iuuc;ions II may be asked, however,
how. il thi. authority of The President pertain 10
him as comma nder alone, and be subject 10 The
control OF the Legislature, in The absence Of prece
dent legislation cnnlerring such power, he could
rightiuy exercise in Ii might be commended in
reply, that the general ACT declaring war and au-
thor.zing The President 10 Prosecute it, snthced 10
confer all the powers incident TO war and result
inp'from his functions as commander. Butgrant-
nc1 pod IN fhinLx here Lois
lation contemplating with sufficient precision the
peculiar contingencies which have arisen from
The glorious achievements Of our armies nor The
powers 10 be exercised by our commander-in-
chief, still arc there not laws Of controlling au-
lhority, within The scope Of which The powers ex-
ercised by him were appropriately embraced,
and by which his action is fully juslified1 The
laws of nations measuring and defining The pow
ers OF nation and il, agents in war as in peace,
have they mol again and again been soemnly re-
cosnised and acted on7 Under the clause Of The
Constitution requiring that The President should
see The laws faithfully executed, is he not bound
10 see in all our International relations by our
consular and diplomatic agents in peace by our
armies and generals in war, thai The laws OF ma
tions be observed and fulfilled? Was he not
then, bound 10 see lhatthe obligations imposed BY
The laws OF nations to conquered people were
respected and obeyed7 Nor does this view con-
|
tion might have been, and still may be- conlroll-
ed by our legislation: for however obligatory, in
the absence OF other legislation, the laws OF ma
lions, il is ever subject, in its operation on our
own authorities, even the highest 10 be modi-
fed or controlled by The legislature Of The nation.
Passing, Mr. Speaker, from the right, now,
trust, demonstrated, OF the President 10 establish
provisional civil governments, 10 an examina.
lion OF his powers in connexon with hat higher
privilege which we have seen is accorded by The
law OF nations 10 conquering SOVEREIGN, of III
cooperating The territory and inhabitants OF con-
quered province in its own dominions, it will,
presume, be apparent 10 all who have honored
me with their attention, that in my opinion, such
high pIerogative is wholly beyond the lawful pow
ers of the President. either as the depository under
The Constitution, Of It's executive authority, or as
the commander in-chief OF our national forces
Since even the lesser power OF temporary rule is
moi conferred on him by the clause giving the eI-