Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-08-07
ON THE PROVOCATIVE POWERS CLAIMED FtR
THE PRESIDENT OF THE UNITED STATES.

1t is now several days since the " Union, he
recognised orGan OF the Executive, favored us with
reply to an article Of some days before, in regard
to Gen. KEAtNY's Proclamation to which, owing
to the pressure of other matter upon our columns,
we have not before to-day been able to find roam
for rejoiner.
The article of the " Union" is remarkable br
its subdued tone, compared with that which ms
been heretofore held on the same subject by tie
Executive directly, and through its organ. Tie
President, il his Message to Congress at the opel
ing of the list Session, it must be recollected y
every one, Speaking with eXultation and gratuatim
of the CONQUEST" OF New Mexico and Californi.,
and of the governments therein established by GEL
KEARNY and Com. STOCKTON, distinctly recon-
mended to Congress to provide for the securitylf
these important conquests" by appropriations pr
the purpose of erecting Notifications therein, 81;
thus plainly indicating the purpose to sustain ne
governments established there. And the same pr
pose was just as plainly indicated by the Execuwe
through its organ several weeks before Congress
met, applauding to the echo all that Gen. KEARSy
had done upon taking possession of Santa Fe W.
quote lis language on that occasion:
"The discretion which marked his Gen. Keany'sl pro-
ceedngs after he had reached Santa Fe and the subsequent
steps which he is about take ,cW make QUESTION
one 81 he most remarkable and important evs Of the war
He has located victorious eagles this pint and Mex-
has to ask herself If hare ACQUIRED one OF her
finest ProrceS, what is to stop in oucaeer or why will
she persevere in the amid many Ahiculties :"
However the Executive opinon on this subject
may have since veered, as it gems to have done,
and at whatever point it may ow stand, 1t is certain
that, under color of civil governments permitted by
the Executive to exist afteroelng established by our
military officers, Mexican citizens have been i'm
prisoned, tried, and executed for treason against
the United States, without any color of warrant
from the Constitution md the Laws of the United
States for these extajudicial proceedings. 1t is
equally certain that the President has, in other
territories of Mexico established system of tax
alton, under which he has, without any legal au-
thority whatever collected and persists in collect
ing revenue, and disbursing it in manner equally
without authority of law, which authority, indeed,
Congress itself could not give to him. And when we
pronounce against these extraordinary proceedings,
the sum of the answer of the Executive, through
the government paper, is to be found in the follow
ing passage of its article in reply to us ....
" We hold that, by the Constitution the power
to declare war is vested in Congress. The war
= exists with Mexico by her own act and by the
declaration of Congress. 1t became the duty of
the Executive to carry on this war with all the
rights, and subject to all the duties imposed by
the laws of nations, binding as they do upon both
the belligerents."
This argument, however, evades all question as
to what portion Of those rights and of those duties
belongs to Congress, the real Government, md
what portion to the President the Executive officer
of that Government.
I This Is the very question at issue questioned
so much consequence that no time can be cons d.
cred Unemployed which we may consume in the
further investigation of it
| We proceed therefore to further examination of
the powers of the President of the United States.
extraneous 10 the Constitution, which are supposed
to result from a state of war;
| We begin with the latest of those Executive acts.
which may each of them be considered as asser.
tons, for the President of Prerogative Power, viz
the power of laying and collecting taxes in Mexico.
! This power, by single man, to enact Tariff of
Duties is, as we have heretofore argued, and now
repeat one proper only to the Master of an Empire,
not to the Chief Magistrate of Republic or of any
country possessing Legislature. If such mags-
trate cannot enact laws withna his jurisdiction, he
can still less enact them IN a foreign one. But,
besides, they are, in the present case levied upon
our own citizens. Has the Executive obtained a
conquerors rights over them, as well as Mexican
provinces
Either the portions of Mexico in which the Pre-
sident claims to have obtained the rights and powers
which conquest gives are ours, or his personally,
or they are still Nerico's.
If oars, then the legislative power of Congress
covers them and that power is ercluSige wherever
II enures except in instances where the States have
concurrent power.
But here is the test of the matter: Will any
apologst Of the President pretend that Congress
could not, as legally as he, have passed for the
Mexican ports the uery Tariff which he has
enacted? II it could, then inevitably he could not
Or, again, who will venture TO say that in expec.
tation Of our conquest-temporary or permanent
of New Mexico and California, Congress could not
have provided by law, just as the President has
attempted 10 do, for the after-government of those
provinces! If it could then all the Presidents edicts
in that behoof and all his delegation of such powers
II