The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-12-31
SPEECH OF
HON. J. A. Seldom, OF VIRGINIA.
DELIVERED IN THE


tCrncluded.
We have seen, irune my prcviuHs- argument
that The nation conqoering suhdued provinces is
clearly entitled and bound. so FAR as compatible
with self defence and the maintenance of its con
quest, to establish provi 'ional civil governments
and may also. going much further, il il su elect
even incorporate its conquest and its inhabitants
with her dominons and among her citizens But
may either Of boih these powers be exercised by
Inc President as executive powers? hnmby
'hink not. II the power to do either or both he
conferred by that clause Of the Constitution which
poses absolutely all the executive poweis grant.
ed IN the President, then you endnw him ex
c'"siVeIy with them, to be exercised at his dis
crr,'nn and under his sole control The powers
VIII he beyond the reach and not snhjec, Ia the
governance of the Legislature of the Union.-
Derive them fro" that clause, and let This war
last ten or twenty years. You would make the
Executive a monarch, absolute over extensive
prnvloces. He 'hiehtfrsne governments, appoint
officers. levy contributions. and even raise armies
w h's extensive conquesis. and govern with all
me power u moi even with The p"mp and cir
cnTnsianca at an eastern emperor Such startling
Consequences can never justly result from The
legitimate functions of our constitutional execu-
tive. To snine other clause, them Of our Consii
tnii"n. must resort he had fur the powers To he
exercised by the President over conaner red pro
vlnces; for'that serious powers should devnlve on
him is evidently both right and natural That
nohle instrument which, from the wisdom Of lis
framing. has proved equal To all emergencies
arising In our history. will not, | venture 10 think.
be found wanting here. humbly suggest that
all requisite powers will be found conferred on the
President Ivy one or both of two other clauses of
The Constitution. I allude to that to which |
prefer TO refer il, which declares the President
shall he er o6icio the commander in chief of the
military and naval furces of the Uniun, and q,
that clause which renders it incumbent on him to
see that the laws are faithfully executed. The
powers hence derived (and IL is a distinction
toorthy Of note,) would be under the cons tant
control and supervision of the legislature of the
| Union. AS commander Of the forces merely h
powers may he defined and limited by precedent
subsequent enactments. Now, having obtained,
the source of his powers and the character in
which he can alone act. il is not difficnlt tu de-
leTmine with some precision The extent of au-
thoriiy he may rghtfully exercise over conquered
| provinces.
| We have seen that the power-at once right
and duty of conqueror-to 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 authori
| ty with which from having superseded by force
the existing civil puiy Of the conquered province
he must of necessity he for the time invested, in
the greatest practicable conformity with Justice
and humanity towards the subject people The
power, therefore, Of establishing prov isi0nal TEN
porary governments over the conquered provinces
of Mexicoj of personally, through his com
manders, making all essential notifications and
changes in the existing institutions of the con
quered people, and of taking all the steps requi
| site and proper to maintain order, protect the
people, and administer justice, clearly apperiain-
ed to The commission and functions of a general.
issimo. and might be, as il probably has been,
exercised by the President in his capacity as cum
mander- in chief under the Constitution But his
powers in that capacity these conquered pro-
vinces of Mexico might have been at any time
heretofore limited OF more clearly defined by The
legislation of Congress, as the subject of his past
action may even now be controlled or regulated
by further enactments. All the arrangements
made by the President, or his commanding gen
erals and the provisional governments established
| by them in all their features. together with the
whole subject of the powers which shall be here
after exercised in those provinces by the Presi
dent, may come under the review ard action
of this Congress and it would, perhaps be we'll
that after attaining fuller knowledge of all the
circumstances Of the country, and more compre-
hensive survey than could have been enjoyed by
the President, we should proceed to egisIale in
relation to the forms Of provisional governments
TO be retained over these conquered provinces, and
TO define more specially the functions of the au
ihorilies to DE employed in them. But whether
we may choose TO act now or not, il is clear, (is
it not y that in the absence Of precedent legisa-
ton regulating the powers of the President as
commander in- chief, he has not, in the establish
meni of provisional governments over the con-
quered provinces of Mex leo. exceeded, hut only
discharged his clear functions. II may be asked
however, how, If this authority of The President
pertain to him as commander alone, and be sub.
ject to the control of the Legislature. i'll the alb
sence of precedent legislation comforting such
power. he conld rghtfRfly exercise it? II might
| be cpDtended, in reply, that the general act de.
clarng war and auihurising The President TO
prosecute it, sufficed to confer all the powers in
cdent to war and resulting from his functions as
commander. But granting, as ] am inclined to
think, there was no Legislation contemplating with
sufficient precision The peculiar contingencies
which have arisen from the glorious achieve
ments Of our armies, nor the powers to be exer.
cSed by our commander in chit, still are there
not laws of controlling authority within The scope
of which the powers exercised by him were ap
propfiately embraced, and by which his action is
fully justihedR The laws Of nations measuring
and defining the powers of nation and its agents
in war as in peace, have they not again and again
been solemnly recognised and acted on Under
the clause of the CONSTITUTION requiring that the
President should see The laws faithfully executed
is he not bound to see, in all our international re-
lalions, by our consular and diplomatic agents in
peace, by our armies add generals in war, that
the laws of nations DO observed and fulfilled O.
Was he not then. bound TO see that the oblipa
tons imposed by the laws Of nations to con
qnered people were respected and ooeyed? Nor
does this view conflict with the position that his
Authority and aetioD might have been, and still
may be, controlled by OR legislation; for how.
ever obligatory. in the absence Of other legisla-
ton, the laws of a.ioDs, it is ever subject in lis
operation on our own authorities, even the high.
est, to be modified controlled by The legislature
Of the nation.
Passing, Mr. Speaker, from the right, now.
trust. demonstrated, Of the President = establish