The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-09
CITY OF WASHINGTON.
MONDAY NIGHT. AUGUST o. Is47.


otic attempts to demonstrate that country waging
war upon Mexico in open defiance OF every principle
of Justice, and of civilization has now set Itself to
prove that government 49, IN TACT utterly destitute oil
the political capacity TO conduct any cdr at all IN an ene
mys country without equally PLAIN violation OF our
own Constitution This is the pupon OF It's article OF
six columns published on Thursday last Professedly
this article is attempt 10 show that the whole series
of acts and operations undertaken by our military CON-
manders against the public enemy without any war
rant or sanction of law This charge is made specially
to embrace the proceedings had by officers for the
purpose of securing, during the war; the safe keeping OF
those portions OF the Mexican territory of which they
have taken military possession The charge equally
directed against the which have been adopted
in pursuance of the military rights of government to
levy military contributions in the Mexican ports. In
form, the whole article is attack upon the
military authority of the President; but fact, it
amounts to an unqualified denial of the executive
military capacity of government. 1t denies TO the
United States, as nation, the well known and we'll
settled rights vested by public law in a bellge-
rent nation 1t claims that the partition of powers esab-
ished by our constitution has rendered incapable OF
exercising these rights In view of the preparation OF
such an article the National ntelgencer very natural
ly told u.s. two three days before it appeared, that its
opinions were its own and that the federal party not
responsible for them There is of justice in this
attempt restrict the disgrace of such opinions TO the
journal which utters them. 1t would indeed be sad
spectacle 10 centre party" adopting sentiments,
the form OF which is folly, and the spirit of which is
treason
The gist and substance of the lnteligencer's six col
may be stated in sentence. It claims that the
heinp IN If
the land has for the action which has been
taken in Mexico, in his name, by the military agents of
our government, because laws have force APP
pcation beyond the borders of country To do the
Intelligencer injustice in this matter, we quote its
statement in its words:
"There is disputing, except among the bndy obse
quious what have laid down, and its consequences
The powers claimed for the Presidentcommander in
the They include all functions, Legislative and judi
cia executive and military; they civil, martial,
mercia and fiscal Not merely all things but all persons,
within their scope. Now these powers limited
merely what the constitution renders of executive
petence is undeniab that there must be iao before The
Erecntiue could any of them. The action of the
ecutiye branch of the government is secondary that of
Congress in all but some very inferior and only formal mat
To give to the Executive any of those powers in
Mexico which belong to him in this country, the Legislature
authority must first hare there aud been exercised Ger
tainy the Executive may go there with them, but only in
the abstract, and with nothing until Congress
shau The body 10 the OF
the presidential authority so much Tor any power which
could the President constitutional Executive
OF course the case is infinitely stronger against him he
claim as commander OF the forces for while, President
he has his original his coordinate rights and is the
creature of Congress, as he is
tty whenever it pleases Congress have no feet,
army, nor militia called In word as the COM
ander Of the forces he is nothing Gas have hown)
subordinate He has no original powers, either
in posse in the concrete the abstract vested invested
and take for secondary powers he cannot
receive until created for him by of Congress-
tseems but idle task to such childish absurd
y this The negencer forgets the very first element
OF the question which it discusses forgetting that there
as at this moment act OF egslaton-ac constitutional
law of our country bearing upon our relations with
Mexico; which law the President of the United States,
as the Chief Executive OF the nation and the Command
er-inChef of its forces, is bound execute This law
is the law establishing and recognising state of war
between the two countries This law is TO be executed
1t to be executed in conformity with the principles of
public law which regulate the execution of eyery War
Act, and by the employment of the means (men money
and muntons) which it has itself placed at the disposal
Of the Executive for that purpose To fsen any charge
OF misuse of authority upon the President of the United
States in the prosecution of the war, the ntelgencer
must, in the first place. either show that our command
ers in Mexico have with the sanction of the President
done acts which the laws of do not sanctions Or in
the second place, it must show that the President as the
Executive and Military Chief of the nation, has no right
to the placed at his disposal to an act
Of Congress declaring car, he conessedy may and
must execute other acts of Congress- Between these
two alternatives the Integencer hesa.es and falters
and stammers in manner 10 excite the pity of its more
intelligent readers In paragraph it holds or seems
to hold, that our government has military rights what
soever against the government of Mexico 1t says in
terms, of our military commander in that country, that
"vicor vanquished, conqueror captive, he has no
rights there he has only force" "To cure his ac Is
there Git proceeds cor give him the right to continue
them law must to lend sanctions and treaty must
have done the thing between nations in order that
the domain Of the wrested from by FORCE may pass
to the other"
In another paragraphs il frightened into self con
tradicton by the enormty Of these propositonsthe In
telligencer appears to hold that act establishing
state of with Mexico may be executed provided
that Congress- the President will undertake the task
of IFS execution. Such we conceive is the only
meaning OF the following passage:
IIe (he Presidency is, therefore, this the especial
of Congress, strictly their oicer and no
question but that the legislative authority may its dis
creto The general management of campaign plan
operations aud its orders through him. ieaping him
nothing but the Office duties; tchich are by the sfuon
The only ones necessarily his They could thus make by