The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-21

neyand the decision received the unanimous concur
renee OF the bench 1t has recently been reviewed by
Mr. Wheaton, and has received the sanction of his
thorty. (Wheaton, 1851 The views are sustain
ed by Pufendorf and Grotius. q Pufendon, T. g.
Grotius, 3, 1887
The plain deductions from the decision of our Supreme
Court and other authorities above cited, are as follows
viz:
l. That the inhabitants of New Mexico, California,
and other provinces and cities which have submitted to
the of the United Statas absoved from their al
egance to Mexico, and have under temporary al
legiance to the United States.
q That the laws of Mexico, as such, have ceased TO
be obligatory upon them, and they amenable TO
laws but those recognised or imposed" by the United
States
3. That the United States may make them allie
gan ce; may exercise rights of sovereignty them
may make them pay taxes; may compel them to obey
their laws; and may punish them rebels if they be
again found in arms
All these things the conqueror may do under authority
derived from the Lars Of Var.
But who in this case is The conqueror? The laws of
war that question II is not General Kearny,
General Taylor nor General Scott, but the United States
All which armies conquer-no only the cities and
Provinces but the booty taken the taxes contributions
levied and collected, belong to their country and not to
the generals soldiers. In this respect, the laws of
tons differ widely from the nolawyer doctrines of the
National Intelgencer
"Gau or Goth, however, (says that paper) and con-
queror corsair, it is only the commander in the field
the who can, for his army his crew. take contri
buttons. They belong the soldier, sailor place of
booty prze-money Properly therefore, if they be
put into the military chest the commander gives what
count of them likes him.
"Properly, therefore, General Taylor or General
Scott may collect contributions in Mexico and 81 give
chat account of them likes him." We have not patience
to comment sentiment profgae and SO disorgan-
zing 1t is however, perfect keeping with the
on that our armies in Mexico and all their acquisitions
beyond the jurisdiction of our constitution and laws.
The best answer we can give to these dsorganzing
sentiments is to refer our readers to the following author
tiles
The soil and productions not usually taken, but
by public act, by bringing on il an army, or by
planting of garrson therefore, Pompnius answered.
lands taken from, enemy fall to the Satethat is he
explains it, is part of the prey strictly taken.'-
3 Grotius g. IL.
In the same volume, chapter vi, section a. is found the
following passage which is especially recommended to
the consideration of the editors of the Integencer
But as to those things that takes by act of
war; the very different For here every private SOL
der represents tho body OF the State and executes tho bu
sness of the whole political body ,ceeoe (f the civil
law does not otherwise provde casoeoer, either posses
sion dominon he takes the STATE acquires it, aud may
transfer their right to phom they please"
But the boldest portion of the Integencer's article is
its direct attack the constitution, whether in Mexico
out The constitution establishes government OF three
branches the legislative, the executive and the judicial
each independent OF the other but the lnteigencer says
Congress is SHE real government" AS for the Presi-
dent the Integencer declares that he is but su5ord
nate, e servant Of Congress" "stricy their officer"
and that they may the general direction of cam
pagn, "leaung him nothing but the office duties !" that
although the constitution declares that he President
shall be commandern chief of the army and navy of the
United States" che cannot take command in the field or
the seas""cannot lead in batte"-hat Congress may
themselves the command, and reduce the Pres
dent to mere clerk!
Lest any one should imagine we msrepresent the Ma
tional Inteigencer, we quote its words, viz:
In word the commander of the forces, he nothing
Gas we have shown) but subordinate he has original
powers either in posse, the the
stac vested invested, and take none for even
secondary powers he receive until created for him
by act of Congress-
But to another point We have already SAID that the
Presidents commandershipis partly civil, partly military
that he holds commission, pay, and duties Far high
always resting upon him) take command in the
field the that he is only the unlilary agent
through whom the civil powers create employ, and direct
armies fleets that he is simply their administrative
civil head the of Congress under the constitution
that this function he takes very e and nothing org
nal for he is only cabinet generassmo who neither
decide peace in council in person lead in bat
te He is therefore, this, the especial of Con
gess strictly their officer and there is question but that
the legislative authority may ut its discretion the
general management ola campaign plan its operations and
office duties which are, by the constitution the only ones
necessarily his They could thus make by regular and
permanent statute and of they could do the same
by resolutions and orders from time to time that
the oil Congress- body of inferior pooesiid in the reuo
luton. BY this subornaton to the war-naking power
well by the difference of his military from his
function, the Presidents ote commander an en-
rely separate one, lodged only for Observation-Disclosures
trative convenience-in the same person.
The several duties have natural affinity Our const
tuon Jealous the executive, has guarded against him
purse by making the Secretary of the Treasury the Of
fcer of Congress- the arkny the fact by
making him report to Congress- not the Executive Equally
jealous of the sword, it has made Congress exclusively
the power and plainly intends, therefore,
the commander of the forces independent substantive
authority, but merely that civil administration which we
have pointed out.
sHow is elsewhere under governments less fearful of
Executive In Brtan, the king does person dis
charge the duties of comman1er-inchief.'
Again says the lntelgenc
Lastly, among the States of Union the governors
whose shadowy Office is usually but weak copy of the
Federal Executive, are, like him, tular communicating
chief, we do remember that any of them ever attempt
AXE in the field did was ont