The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-18

has the power TO prescribe laws" other than decla
ration OF war, which shall be obligatory enemys
country, and take jurisdiction over persons who owe
no allegiance to the United States These enactnents
as far as they conflict with the general laws OF war,
amend superSede them; and il cannot be doubted that
Congress may reenact, amend, supersede The iehoe
code, whenever they shall think proper But until they
do so, those idirs long continues, are their
laws which tits the constitutional duty of the President
to see faithfully executed
The National Intelligencer is consistent in one thing
If conquest coners upon the United States no rights in
Mexico, and our armies TO be considered merely as
lawless bands of armed men, then it is consistent TO
maintain the lntelligencer does, that the Mexicans
though they have submitted and promised 10 live peacea
bly, under our authority may, at any time righfuy cut
oar threats! RighJM!y? The Integencer makes the
dastady murder of people, under such circumstances,
an act of the most exalted merit, We all remember the
atrocous murder OF Governor Bent and fifteen or twenty
other Americans, by an Indian and Mexican bandt in
New Mexico, after they had quietly submitted to our
arms In alusion to their crime and punishment the In
elligencer holds the following language, viz:
'Some thirteen have been gibbeed in Santa Fe; they
Niexcans their offence treason that committed
without this real in endeavorng their country
om foreign yoke. For such treason, William Tell and
"A Justly PIT 10 deathw The condemnation of the
lnelligencer confined to the mode in which these
assassins tried executed, but extends to their
execution in any manner In its view, they had com
mitted crime; far from it, their were acts OF
exalted merit, such have given Immortality to Tell
and Kosciusko; they were uusty put to death Is not
this doctrine not only repugnant to every principle Of
law but atrociousy inhuman and palpably reasonable
hat hutfo To Jasn H., n
and submit TO Gen Taylor or Gen Scott and the first
chance you get, stab him to the heart You cannot
legally Justly be put to death for itt acH be an act
arortty Of Tell Kosciusko" What is it but to justffv
the Mexicans the bases eachcry and in the dastardly
murder of our officers and men, whom they have sub
mitted, and promised TO remain quietly at home
The practical effect of the Integencer's argument
throughout is to place the persons and property OF Next
though in state of war, beyond the reach of the
United States. We can neither take their property nor
punish their crimes, because conquest does give
our government in any of its departments, jurisdiction
over them or their country
Such is not the law of nations nor their practice The
ntellgencer says
This power by single man. tariff of duties,
is have heretofore argued and repeat one
proper only to the master of empire, not 10 the Chic Ma
gsrate ola republic, ofany possessing legislature
If such mag strale cannot laws ,clin his usdc
ion he still less enact them in foreign one.'
Great Britain we believe possesses legislature" In
the progress of the of 1912, she took possession
of portion of the State of Maine, within which was
Casne, Of ports OF entry. Her executive,
pithom an act of Parliament, establisheda tariff du
ties there and collected them After the end of the war,
an attempt made to subject quantity of goods i'm
ported under this executive British tariff the payment
of duties under the revenue laws OF the United States
and its progress the taken up the Supreme
Court We copy the decision entire, on account of its
important bearing points than one embraced in
this discussion:
'Mr Justice Story delivered the opinion of the
"The single question arising the pleadings in this
case, is whether goods imported into Casne during its
occupation by the enemy liable to the duties imposed
by the laws upon goods imported into the United
States appears by the peading that, the first day
of September, 1874 Castne captured by the enemy,
and med in his exclusive posession under the
mand OF his military and naval forces, until after the ati-
caon Of the treaty of peace in February, 1915 During
this time the British government exercised all civil and
| military authority the place; established a custom
house, and admitted goods be imported according reg
uaiions prescribed by ITSELF and among Others admitted
the goods upon which duties demanded These
goods remained at Casne until after it evacuated by
the enemy and, upon the re-esabshment of the Ameri
government the collector Of the customs, claiming
right to American duties the goods took the bond in
question from the defendant for the security of them
"Under these circumstances all Of opinion that
the claim for duties cannot be maintained. BY the
quest and military occupation of Casine, the enemy
CURED that firm possession which enabled him exercise
the fullest rights of sovereignty the place The
eighty of the United States the territory was of
course, suspended, and the laws of the United could
longer be rghtuy enforced there be obligatory on
the inhabitants who remained and submitted con-
luerors BY the surrender the inhabitants passed under
temporary allegiance to the British government, and
bound by such laws, and such only chose impose
From the OF the case other laws could be obi
.,atoy upon them; for where there is protection or
allegiance, sovereignty, there be claim to ODE
dience Castne was therefore, during this PERIOD far
respected laws be deemed foreign port
and goods imported into by the inhabitants subject
such duties only the British government chose
lqure. Such goods were, correct sense import
ed into the United States, The subsequent evacua-
ton by the enemy, and resumption of authority by
the United States did not, and could not change the
character of the previous transactions. The doctrines
speeding jus posfla,inii wholly pplicac the
case The goods liable American duties when i'm
ported or not ALL That they liable the time OF
I'M portaon clear from what has been already stated
and whcn upon the of peace the Jurisdiction Of the
United States reassumed they in the pre-
dicament as they would have been if Casne had been
foreign territory ceed by treaty The United States and
the goods had been previously imported there. In the lat
ter case, there would have been precnce say that
American duties could be demanded and upon pria-
cipes of public municipal law the not dis
tngushabe the authorizes cited at the bar would ii
there Doubt be decisive of the question But
think it too clear to need any aid from authority.
4 Judgment affirmed