Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-05-06
Orening OF One nIexicam PORTS.

The late determination of the President to open the
ports of Mexico to the commerce of the world, is
generally approved by the American people. Yet,
STILL there are few ultra federal politicians who
condemn the measure unconstitutional and :yran-
meal To these patriots we earnestly recommend the
following decisions of the Supreme Court of tic Uni
ted States, as collected by the Union from books of
reports
l. A seaport Of Mexico, captbted and occupied by
troops of the United States is, whilst in their pos
session. NOT a port Of Msric0 The laws of Mexico
mo longer he rghtfully enforced be obliga-
tory the inhabitants who remain and submit to the
conqueror."- u s. u.s. Haylrdrd ID Gallison, p. sol.
z. Such seaport, on the other hand, cannot be
deemed port of tie United States, port within
the dominlons of the United States, for it has not
permanently passed under their sovereignty - II
could only be by remuneration IN treaty of peace,
by possession long and permanent should afford
conclusive proof that tie territory was altogether
abandoned by its sovereign, had been rreirevably
subdued, that it could be considered
into the dominons Of the captors." Meanwhile, the
right which they have the place. is "the mere
right of superior force, and the allegiance due from
the inhabitants is a temporary allegiance.-Ibid.
g. This right is "a temporary right of possession
and government until pac6cation. Clark rs. the
United States, Sd Washington, p l04.
A. "The title by cong est is acquired and main
tanned by force. The conqueror prcscribes its limits.
Humanity, however, acting on public opinion, has
not be wantony oppressed, and that their condition
shall remain ds<eleiBs dtis compatible rith the OBJ
jecIs Of The conquest."-By Chief Justice Marshall.
johnson rs. Mcintosh, 9Th Wheaton, D. $50. -.
Applying this general rule" in connexion with
the foregoing principles, to the of seaport Of
the enemys country. captured by the United States
Troops and in their occupation, the following propo-
sitions obviously result therefrom: - sl'
LIST. That it is the duty of the captor to permit
commerce to go on at such seaport, SO far this
shall be compatible with the objects for which the
place is occupied.
3D. That the capor is the proper and righiful judge
of tue extent to which such compatibility exists; and
of the limitations and regulations which it requires.
3d. That such place is not properly seaport OF
either country; Consequently the reyenne LAWS Of
neither country apply TO It, Consequently, also the
stipulation in subsisng commercial treaties between
the beligerents respectively, and third parties
are alike inappicabe. On the one hand, stipula-
ton between Mexico and third power, securing to
the latter the right trade freely with all the Next
ports, does not give such right in regard to the
captured port with respect 10 the captos who in
possession ofits=Qp the other hand, not being port
of the United Sta5es, it is not involved in a siipua-
ton between the United States and third power.
curing to the latter the right TO trade freely with all
ports of the United States.
4th. IL commerce be allowed at such port its regu
lation does of necessity form part of the military
government of the captured place. until such time
this military government shall come to end by a
pacification, by the exercise of the Legislative
power of the State whose forces have acquired pos
session of the place,
Upon these grounds the Administration will be
honoraby sustained by the people of the Union, de.
spite all the unpatroc and most reprehensible efforts
of the federalists or their organs.