Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1846-12-31

ms jurisdiction. a,.
4 But can a President of the United
States claim this power? IL there be
any one principle in our Governments
which is no, to be con,roverisd, II is that
the law-makine power is in Congress, =
Dies the war-power give this aOthorNy
to the President ! Certainly il does
not. The war.power is in Congress,
and moi in the President. Whence then
does he derive il What apology 10
there for no gross q usurpaiioD "A
Il The charge is not that the Presidens
has authorized military occUps,ion of
a foreign territory, but that he has es-
tablished within such territory civil gov
ernments. And his military chiefs have
declared that, under the authority Of tho
President, they have annexed that ter
ritory to the United States. They have
imposed the oath Of allegiance on the
citizens, and declared that any Of thetu
being found in arms against the United
States shall be treat ed as traitors. Cow
ernors, Judges, and all the Civil officers
| Of these Governments have been ap-
pointed, and in his message the Presi-
den, asks an appropriation to pay thex
salaries. Congress is no, sskedio 10 estaL-
iish these Governments temporarily or
permanently bot 10 meet the tTpenscs
growing out Of their estabEshmest. L.
not this naked usurpation OF power 2
The country was eveHsn, and is now
held, by military power. All that has
been done beyond this is the exercise Of
civil power.
i II is a universal principle of national
law, as laid down by the highest legal
authority, that "tbe laws of a conquered
country continue in force till altered by
the conqueror I; + and the power Of leRis-
aiion is in The King, subordinate TO his
own authority in Parliament. Bui where
did the President get this power il
was the duty Of our officers, in taking q
military possession Of "New Mexico"
and "Californis, to declare that they
would so hold il until Congress should
make provision for their government, and
re- quire the civil officers TO continue, as
usual, in the discharge Of their functions.
This provides for the exigeney, and the
military authority is limited by the neces-
sity Of protecting itself.
\ Acquisition Of territory by discovery
and by conquest are, by public writer's,
placed on the same footing. Let the
power Of the Presiden be tested BY ap-
plying il TO an acquisition by discovery.
Can he, without the authority OF Con-
gress, organize a Government over sncb
a territory Certainly he cannot. And,
for the same reason, he cannot organize
civil government over q conquered
territory. This power can only be exer-
cised by Congress on the grouod that
the military occupancy brings. for the
time being, the country within the ju-
risdiction OF the Union. II may we'll be-
doubted, indeed whether Congress could
make provision in such a case. But if
Congress has not the power TO do 50, it
is clear that the President has not
What IS this power claimed for the
President ? As Commander. .in-cbicf, il
is said. he may march our army into a
foreign country, conquer it, and establish
whatsoever form Of government he shal,
think proper. He may establish moN-
archy, or any other FORM at his discretion;
for, G be does not exercise his power
under the Constitution, he is bound by
no law, but may act under his own dis
cretion. Is not this monstrous doctrine
to be advanced in this Government 3
And, suppose the President shall think
proper to make himself Emperor Of the
acquired territory, may he not do so p
He has just as much power to do this as
to make General Kearney or Commodore
Stockton Governor OF il. And the Pres
ident may take himself to his new do
minions, and there, in the exercise Of
his newly-acquired power, emsody a
force for greater conques's. AL this
lies within the principle asserted.
The governmen nj paper, however, IN
it's reply 10 our argument, founded upon
known fact and convincing circumstance,
that the "spirit Of conquest" has in
Ruenced and does still ANIMATE the Exe-
cutivs Councils in this Mexican war, has
I vet ersee enough to affect TO jisclaim
for the President the intention to hold
permanent posse ssion by the right oT
conquest OF those vast regions of the
earth in which his officers have, by his
!, authority, declaring them TO be "Terri.
tories Of the United S,ates,' undertaken
TO establish civil governments end we
4 are given TO understand that their future
proprieiorship will depend upon 'he terms
upon which peace shall be made be-
tween the two countries. THIS Is mere
I evasion. Besides, that the veil thus
thrown over the purposes OF the Execu-
: tive is too himsy 10 conceal them, they
are betrayed by those who have been be-
4 hind the curtain. We find, for instance,
/ in the Washington correspondence OF
: the Journal Of Commerce, under date OF
Tuesday last, the following unaffected
explanation Of the whole affair, quite
,creditable, as tho writer appes,sto think,
10 the ingenuity of The Administration
"Mexico will see that any attempt
10 recover The Northern Provinces t,vm w
will be unavailing, and that the longer
4 the war continues ,be stronger viii be-
come our hold upon them. Mexico, IN
f.,, has M altefpatiys hut to make