Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-07-24

ceedng the same beautiful idea oil assurance that he
by virtue Of his Office is to be deemed personally the con-
queror of all provinces and places which may submit the
power Of the American arms he has gone far as to eab
fish regular system for the collection Of duties on imports
under regular tariff in all the ports and places of Mexico of
which the army has taken military possession 1t is the right
of the coqueror Che say) to levy contributions upon the
enemy their seapo towns, provinces which may be in
his military possession by conquest and apply the same
defray the expenses of the the
ghtaso toestabsh temporary military government over such
seapors towns provinces, &C. and therefore he the Pre-
sden being the conquero enacts ao duties on all goods
and merchandise admitted into these pos and which nv
ted there from all nations the United States included
appoints his collectors and corps Of cusomhouse officers
makes his military chest his independent observation-disclosures
dent ndeed-and directs that all collections be paid into it,
from which the money is TO be drawn he shall personally
prescribe allow for carrying forward his war of invasion
and conquest
The President finds il convenient to see no distinction
tween the military occupation Of position place in
enemy country in time of war; and the complete posses
sion of province town, held under conquest with the
full right and actual exercise Of sovereignty and civil jursdic-
ton As little does he distinguish between the rights and du
ties of commander in the field onqueror and the rights
and duties of sovereign, who, by right of conquest takes pos
session of province subdue by his arms and receives
the submission of its inhabitants the subjects Of his right
full government military commander in the field is the
MASTER under the law MARTIAL of the post place he occu
pies conqueror is his camp for the time being and
the law of the camp prevails II nay embrace whole town
city But his authority, though arbitrary and summary in
its tone and character unlimited It is restricted by
the military law under which he holds his commission and
the military law of the United States mainly written code
carefully dgesed and regularly enacted by Congress Where
manfesy defective applying in practice doubt
the unwriten martial law may be resorted to. But
hery can be exercised under the of martial law except
such has for its object keeps prominently in view the
principal and indeed only design with which martial law
established tolerated. namely the security and preservation
Of the camp and the army This authority has the actual
commander in the field or in camp acting under the orders of
his superior officer he have any. The President
mander chief of the army and commander in the field
in camp under his general orders but if he actually
himself in the field in camp he could exercise military
authority about the camp which could equally be
exercised by any other commander An orderly sergeant if
the eldest officer present and in command, would have the
authority and he could not have if he were
field marshal As commandern-chef of the army the Pre-
sdents authority purely military, whether personally in the
field out OF it, and it is much restricted by the military
law that Of any ether commander Just much authority
then, just much government any actual commander in
possession of pos place in enemys country may law
fully exercise, the President commander-nche may
erse be exercised under his orders And beyond
this he co. except by leaving the constitution behind
him. ...s
The limited nature of this military authority or govern
ment we have indicated already 1t the government of
camp and has for its object the regulation and security of the
camp. Its proper subjects soldiers the inmates of
camp. 1t may extend jurisdiction, III city, according
the necessity of the shall demand that say, the
camp may be enlarged to embrace all whom may be
necessary to bring within military supervision and control, in
order TO the proper and of the
But it is evident that military government in the Pres
dents vew something very different from this Witness
his orders and the disaceu proceedings under them in
gard TO New Mexico and California All the functions Of civil
government assumed In those provncescompete civil
exercised far the funconares had
the ability to establish their power We have lately heard Of
sanguinary executions in Of hem upon judicial convic
tons, for sedon high treason Indeed the avowed pur
pose to consider and treat these provinces conquered
countries where entire submission the conqueng power,
the sovereign, exacted And, undoubtedly in such
case is not only the right but the duty of the
egn to establish his government and make adequate the
protection and control Of his Subjects SO long his
hoty shall last This is what the President pleased TO
denomnae military government Ii is only military
1t in military hands II is a civil government with
pie powers, fit to exercise them, any government
IN the world. But every body must know, who knows
the alphabet Of the constitution that Congress- and Congress
alone, has authority to up such government this in
territory province belonging the United States
and conquered territory, province, town. if really taken
possession OF TO hold ac9S of belongs to the Uni
ted States if to any body Certainly does not belong to
the PRESIDENT as he to suppose any than does
to any actual commander under whom the conquest made
II belongs to the soveregn-and the President has yet
been acknowledged sovereign this country He makes him
self such, however far he military sovereign,
superseding the civil powe-when he the sole right
OF government countries places subdued by the Anne
mean arms In our Judgment it is conclusive the Pres
dent and the whole military power if Congress has made
express provision for taking formal possession of places that
might be conquered 10y arms, and for governing hem
the ghu sovereign that Congress does intend that the
war shall be made of conquest ALL And hence, in
such case the extent Of bis duty and power prosecuting
me war oiiensivey supposng offensive allowable at
all on ms mere notion is to conquer the armies Of the enemy
IN the held, capture his fortified places and sronghods with
as much public spoil be found in them and entering
his chief cities, and his capital perhaps, convert them into
convenient quarters and camping grounds for the coqueng
amy and OF laying them for the time under martial
law Here his power of military government would begin
and end But the President has little relish for such mode
rate notions these He began the for conquest and,
never having dared to ask Congress give direct sanction
to any such project he has found, thought himself Obliged
to do every thing far this object concerned in his
own way, and by his usurped authority
ut Is manifest that, in establishing commercial code and
tariff for the seapors Of Mexico captured and occupied by
our military forces the President has acted, not
military commander, but political sovereign He chooses
to regard these seapors merely places under military
occupation by troops where they have their garrison and
with oil III in he