The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-10


the people of those provinces submitted 70 our ascenden.
cy; and then under the law Of nations what became the
right nay the duty OF our victorious commanders The
right principles of the law OF nations authorized the
commanders who had effected these conquests to take all
measures that necessary and proper TO sustain
themselves in the conquest and TO defend themselves
in the conquered territory The clear principles OF self
defence authorized such course OF procedure But
than that the very moment that the people of those
conquered provinces submitted TO me authority OF our
military commanders, that moment there arose cores
pondng obligation on the part OF those commanders
exempt as far practicable these people from the scouge
OF martial law and to extend TO them the rights and
privileges OF civil government Is there any man
here who, under the pretence that he Is sustain
ing the cause OF justice and freedom would con.
Ht hess people ssss oesT ke under
securing to these people the blessings of civil govern.
men-in exemptng them from the severe rule OF marital
authority, and preserving them al the time from dis,
order and anarchy-who does not that great boon
was indeed conferred upon them Some government
certainly needful IL requisite that the military
ascendency should be maintained and the subugaton OF
the people secured but il done with mildness and
justice Nothing was, therefore, natural than that
the commanders should establish something of proy
sional government to protect the people against uTbu
lenee and anarchy-to insure and regulate the amins-
traton OF usticeand TO conform these Use and benef-
cent regulations to the government and institutions OF
the conquerng country But conqueror, by the law OF
nations may only establish a temporary and proyis
iona goyernmenthe may not only by the power OF the
sword maintain his military ascendeney-but If all oppo
sition has been extnguishedlf full and complete
quest have been made-he may go further he may re-
gard the people OF the country subdued and proceed 10
incorporate them with the conquering nation That Is
power which the law OF nations clearly lays down; and
whether you refer 10 the principles OF ethics that other
from which the law OF nations arseshe practice
OF natons-boh permit this incorporation OF the conquer
ed nation. Now, have examined TO some extent this
question: and certainly II must think, be conceded that
the people OF the conquered province have been treated
with unusual iorbearance and justice Mexico had
right 10 complain II the rights OF exercised
No foreign power could undertake TO complain that
isng state OF prevailing the rights OF war had been
gaaIt
ting the conquered territory. But have taken this
Of argument for the purpose OF yncatlng
tonal honor have epdeayored TO yindicaie the action
of government in relation this conquered province
before the country and the world That action has been
entirely within the principles Of the law OF nations and
in pursuance thereof No foreign powers, least of all
our foe, with whom engaged in desperate con.
test, complain OF the action OF our government,
now to the second inquiry which | proposed to
propound and that is with regard TO the extent to which
this power may be exercised by the executive. That
interesting question IL opens before us an UNEMPLOYED
field OF the constitution Il opens questions OF great mo-
ment, and in regard to which, II undue latitude OF discre
ton has been taken by the Executive, may truly af
firm We are but preparing the tomb OF this great nation
and its free institutions speak not from any dlstst
utive will be the last to demand any such unwarnnt.
able exercise OF power-the last TO establish any such
disastrous precedent But the question now arises Tor
have said that the sovereign power of the conquerng
country has the right to do the highest act and that
is to incorporate the conquered province with its own
domain. But the executive has higher right than TO
establish provisional government to exist during
the war. That it was bound to do. But whence did
it derive the authority for such act' Not from the
clause of the constitution which eposes the executive
power in the President Of the United States No, no
II you derive it from that clause you place beyond the
reach control of this House. II you derive from that
clause, and this last ten twenty years. you would
make your executive an emperor endowed with the alb
soute right to control at his pleasure his widespread
clause of the constitution and trust do not err IN hum
bly, venurng TO suggest that constitution, which has
hitherto been found equal to all emergencies, will not be
found wanting now. That power is possessed BY the
President OF the United States by virtue of one OF two
clauses of the constitution. am inclined to think
that il is derived from that clause which makes
him commander OF the armies of the United States.
His power to establish government during the war
comes within his functions as commander.n-chiet
| And when you come to take this view OF IT, you
will find that the President, as commander of the
forces is at all times subject TO the regulations OF Con-
gress and that II is competent for Congress at any time
to direct and control the proceedings of the commander
nchef Hence il is that the President in virtue OF his
office as commander has the right to establish
provisional governments in the territory conquered BY
our armies, and which provisional governments 1t s the
right of the national Legislature to CONTROL Just as can
regulate control, and prescribe the action of the COM
mander n-chef. Therefore, in my opinion these pro-
vsonal temporary governments which have been esab-
lshed short time since are even now subject 10
the control and supervision OF this Legislature You
cam if you choose prescribe tomorrow what shall be the
nature of that provisional government You can pass
law prescribing the extent of the commanders power
And this is think, worthy of being borne in mind iii
tnS De derived from executive power Oh hd,oi
them 50 long the exists, the executive is beyond
our controls but if you hold it derived solely from his
power as commander-n of the forces, he is at all
times subject to legislation But il is said that case
here exists in which there no Legislation OF Congress
controlling and directing the action OF the President as
commander of the forces in regard to this parc
uar subject That, am disposed to think, Is the truth
But does it therefore follow that because there has
been express legislation relative to the action oil
the commandments chief, he has not been under the
scope of the laws by which his action is fully justified!
Have YOU again and again recognised the principles
of national law applicable to this case prncpes regu-
ating the conduct of this nation with others in peace
and war; Have you not clause in the constitution re-
curing that the President should the laws OF the
country executed land is not by virtue of that that he
sees international law observed by your consular and
and diplomatic agents abroad! Is il not on the same
principle that you hold the President bound to see
the law of nations respected by military and naval
commanders But must be borne in mind that while
the law OF nations in the absence of Legislation would
govern the action of the commander-in yet at the
same time that law of nations only speaks authoritative
| ~ to commanders so long as there is no special
| legislation of the subject For the very
moment that you pass any express act by which you IN
regulate restrain the OF authority de-
rived from the law OF nations, then your commander Is
bound by that special legislation and above any gen.
eal principles of national law And thus now come to
the conclusion that the commander OF that conquered
territory authorized and bound to establish provs
iona governmenhat in the exercise of the right OF sell
defence he authorized to do by virtue of the law
of nations and in the absence OF any special legislation
From what have said trust it will be perceived
when | come to examine another question whether
| the executive of this nation can incorporate the
conquered country, that he has such right, no
such power. He has not attempted to exercise any