The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-04-23
CITY OF WASHINGTON.
FRIDAY NIGHT, APRIL Is. ls47.
Agents E0r the Union


The National lntelgencer has advocated the cause of
its Mexican allies, till at last it has fairly caught their tone
Of braggadocio in its language towards its opponents
Witness the following crazy passage in its article Of
yesterday upon the recently adopted plan OF military
tributons in the Mexican ports
Of the gopmment editor, ho,eever, after this denonstra
tion, feel entitled to demand an unconditional surrender of
The argument We give him notice, moreover that if lac
do incontnenty confess Judgment in the premises,
shall bring against him the resolutions of '9Sa bat
terry which will Strike his soul than did
Bragg artillery to that his friend the Presidents favored
general, Santa Anna.
To this summons 'o Surrender" we must even reply
as American patriotism not long since replied to de-
mand quite similar in spirit and quite well justified
We "beg leave to decline acceding to the request The
Integencer, if it would have our argument suren-
dered," must ''come and take IT,"
But since the character of sanity should not be denied
to public journal, except on cause duly shown our
monomaniac opponent shall be permitted to exhibit for
himself all the force both of authority and of logic in the
question al ISSUE which he relies TO sustain his
mons of unconditional surrender"
After citing the strong language OF Mr. Henry in the
Virginia convention against the power which the Presi-
dent would, under the constitution WELD, when Sin the
field at the head OF his army the lntegencer proceeds
follows, in language which monomania ventures to
call demonstration, that the plan of military contribu-
tons adopted by the President is illegal and unconstl-
tiona
at objections of this character indus
constitution which proposed onake the President com
nanden-chie &c that the patriotic founders Of the
the following authentic and true Interpretation Of that pro
r's Z. H., p...;.,a, ~.
my and navy of the United States In this respect his a-
hory would be nominay the same with that Of the King
ofGreat Britain, but in substance much interior
could amount 10 nothing than the supreme command
and ada he omaeg wh, ha ob b gns s
King extends to the declaring of war, and the raising
and regulating of fleets and armies all which, by the con-
ution under consideration, would apperain the leg
S !. rha ,,,u g. .,n,,,;ou
IN the terms OF the constitution TO CONCERNING
CAPTURES land aud czte thus conferred upon Congress
President has undertaken 10 errcise and which bring ia
question is according to the Executive and its organ
If ii be sary further iortify construction by
authority contemporary with the constitution Tor nearly
Madson from the Letters OF Helvdus, "a d. 1882 in the
following conclusive passage;
'Were it established that the powers of war and
treaty are in their nature executives that far they
not by strict construction transferred the legislature they
less executive in their than powers if not
granted to the legislature may be claimed by the Execu-
Ve ii granted, to be taken strictly with residuary
right in the Executve-or, will hereafter appear per-
haps claimed as concurrent right by tue Executive-no
under ,ctich he hires PENETRATING JuRlsr
WOULD BE UNABLE 10 SCAN EXTENT
RoGATIvE'"
ssAud again. in the next page in the following las il
seems to us) unanswerablc arguments
"Ifhe right to declare war be exception of the
general grant TO the Executive power, eeoyhing INCLUDED
~ the light must be Included IN The ercepo and being in
Guided in the exception is EXCLUDED FROM GRANT,
'Tlat this the intention the constitution is proved
by the grant Congress OF the specific powers make rules
for the government md regulation Of the land and naval
forces and TO make rules concerning CAPTURES
these last being the very rules which the Pres-
dent by his order in council has undertaken prescrbe"
Now, be remembered, the single question before the
Integencer is, has the President authority to order the
levyng of military contributions in the captured ports of
Mexico by military and naval forces during the war
That this right belongs by public law to the military
authority of every nation against its enemy nation the
lntegencer does not dispute General Scott has exer
csed this right the commanding general Vera Cruz
and the ntelligencer does pretend question the
lawfulness of his act Yet this right so 10 levy
military contributions, PROFESSIONALLY belonging TO
our commanding general in the field, and exer
cised by him, without question from any quarter
in this very form OF collecting revenue-this right
the Intelgencer denies TO the President as COM
mandcr in chief And then, to cap the climax of its alb
surdity, it cites a,henc and true" inerpreta-
ton Of the constitution the language of the Federast
which declares that the President has, in this capacity
the supreme command and direction of the military and
naval forces first general and admiral OF the confed-
eracy' What infatuation is this General SCOTS
command and direction" of forces Vera Cruz is
not supreme" Yet, to the judgment of the Inellgencer
supreme enough to authorize him to issue an order
for the levyng of military contributions at that port
On the other hand, the Presidents command and d.
rection" of our military and naval forces, is, the
lntelligencers showing, supreme" Yet, says the
Inteligencer, this supremacy of command and direction
in the President does not authorize him to issue and ex
ecute through General Scott the very order which Cen
Scott by his own subordinate military authority may
righuully issue and execute Of himself!
But this point, will help the Inelligencer
to another authority 1t is agreed all sides, and
well settled by the pubcists, that the evyng of
military contributions upon the enemy, is part and
parcel of the direction and conduct Of the 1t is
part OF the application Of the public force against the
enemy Now, after a of has been declared or
established by Congress. whose right and duty is it
take the direction oe and conduct the application
Of the public force against the euemy' See this point
the opinion OF Mr. Justice Story his Commentaries on the
Constitution. To sustain his opinion as thus given
the learned refers to Mr. Justice Kent to
the debates the adoption of the constitution and TO the
Federalist After quoting the clause of the constitution
which provides that the President shall be commander
inchief OF the navy, &C., Story has the following Ian
guage
7he command and application of the public force to
vaon powers obviously of executive nature and
require the exercise OF qualities peculiarly adapted