Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-03-18

saved by adopting the latter
The whole affair is in hands whether the treaty
fails or not we still the complete control if act with
wisdom and rmness and avoid what detes above all things
System OF bavado in the management OF our nc
goaon had hoped that that system had been abandoned
forever. Il nearly involved in with England about
Oregon II only prevented by the wisdom and rnness
Of this body II resorcd in negotiations with
Mexico and the march of the army under General Taylor e
the Rio Gande but intended TO sustain it, Unfortunately,
the circumstances prevented the Senate from interpreting as In
the Of Oregon, and this the consequence.
But Mr. President, the vigorous prosecution of the war
not the only object Of this b II is the primary, the pnnc
pal But there is another oncseconiary it is true
though not much less important This bill intended in
part 10 carry into execution system OF nposs and taxes,
which the President Of the United States had imposed npon
Mexico The army including the force be raised by this
bib, intended be used fr collecting duties and inn
posts for that purpose to be spread all Mexico as
has been officially announced.
Now, hold that cannot pass this bill without sanction
the act Of the President in this respect and that for
do because am under deep conviction that the
President has right whatever to impose taxes internal
EXTERNAL the people Of Mexico 1t is with the
authority Of the constitution law, and emnenty dangerous
to the country Thus thinking, that neither the constitution
nor law gives him such authority would not be true to
my trust if for the BILL would have been
glad have avoided at the present time My friends
around know that anxious that this bill should
be pressed upon now, not that desired to shun The
sponsbly OF the expression of my opinions but because
preferred poponing it until after the treaty ratified and
when there could be cry Of giving aid and comfort the
enemy But it is forced upon me, and there be any
sponsby in expressing my opinion at this time, ought OF
right to fall not me, but upon those who without any
cessty, have forced this bill upon
But TO return to the thread of the argument ask, where
the President find the authority for imposing these taxes
Can it be found in your constitution II go point it out
Can it be found in your law Ii So point it out No sach
authority be found in either. But it may be said it
comprehended under the implied powers of the Executive
that is the necessary and proper to carry out those ex
presy delegated to him. If point out the power which
R.,f ms
in advance, if you do this you will not remove the diff
Guilty If you should succeed III showing that 1t Is i'm
piled power which hold 10 be impossible you must still
point Of Congress to authorize its exercise The
trainers Of the constitutions in their great sagacy have taken
insert provision in the cons tuition investing Congress
amply with the power PISS all laws and proper to
carry into execution only its powers but those vested
in any department office Of the Government. refer to
what usually called the resduary clause which pFovi
hat Congress shall have power to pass all laws necessary
and proper carry into execution the foregoing powers Chat
is powers invested in Congress- powers vested in OF
the departments Offices Of the Government Then, If It
implied power it becomes Congressional power by this
express provision and have the sanction Of Congress for
carrying il into effect.
But may be said that the Presidents commandment chief
Of the army Mexico, and that it essential part Of the
power of the commander chief impose system Of taxa
ton in tho enemy's country. II, indeed, be essential
part Of the power it cannot be separated from without de-
stroyng the power ITSELF and must of course belong to him
commanderin-chef in the United States well in
Mexico, aSy other conquered country But is mani
fest that it cannot exist within the limits of the United States
because the constitution expressly invests the not IN The
President but in Congress But to this il may he said there
distinction between exercising the power the United
States and exercising Mexico any other place beyond
the boundary Of the United Staates, where army may be
operating. To this | snswer by asking why so What
makes the distinction What possible can be assign
ed why the power may be exercised in the and not the
other , Who these questions
But if il is the casc-if the President rcise in Mex
power expressly given to Congress- which he cannot ex
ia the United staes-I would ask where is the limit to
his power Mexico Has he also The power Of making APP
preparations of money collected in Mexico without the
lion of Congress This he has already done Has he the
to apply the money TO whatever purpose he may think
proper, and among others to raise military force in Mexico
without sanction Of Congress That also be has already
done. But there be limitation thea his powers are alb
soute and despotc in Mexico and he stands in the twod
character Of the constitutional President Of the United States
and the absolute and despoc ruler OF MeSo TO what must
this conclusion lead What may he not DO He may lay
at his pleasure either kind amount he may
establish the rules and regulations for their collection he
dispose Of them without passing the proceeds INTO the Treasu
10 any object for any purpose h. may think proper and
not liable responsible Congress or any other
thory, any respect whatever in doing all this He
of course raise armies and pay them out Of the proceeds OF
the taxes he may wage against the ncghoong eoun
tries to the south of him his pleasure and extend his suho
ry by force Of whatever exen, lie may desires or be
may equip feet and assa the islands OF the South Sea- or
he may direct it against JAPAN any other country he
may think proper. Nay further, he may turn his army
subjugaon Against all this there is no remedy, and can
be none, il he has the power which must necessarily result
from the principles which would invest him with the power Of
laying taxes.
But il may be asked what arc the limitations upon his
power commander-in-chef The answer is easy
His power is command the army Let put true value
upon words. To command in chief have the supreme
control in conducting and directing tie army in its military
operations. Such is power, and only power II is a
strcled one, of whh the constitutional legislation of the
country furnishes many evidences The very act which
cognses with Mexico him with the power Of using
the army and navy for its prosecution, clearly indicating that
tho power Of using them for that purpose required the auiho
y Of law IL look back into all the declarations which
have been made by this Government, we shall ind that
they ALL in like manner confer the power the Pre-
siden Besides, if to the laws in rtfereuce sup
pressing nsurrecon will be found that they expressly
tho.ize the President tho militia and the army for the
purposc-showing, in like manner, the prevailing opinion
heretofore that the sanction Of law mi
ary force for this purpose well for carrying into effect
declaration Of Such also is the in reference
polling invasion. Ii there he any power which one would
suppose would belong the President omnandern chief
would be that OF establishing rules and regulations for the
government the army but II turn constitution,
shall find that power conferred by express provision
upon Congress all going TO show within what narrow limits
the and the laws restrict the power Of the Pre-
siden.
But may be asked, has the conquerer no power i'm
pose upon conquered coupt Yea he certainly has
When an army nvades country and subjues it, in whole
part the conqueror has right TO impose and col
ct them But the question occurs, under our system Of Co
vernment who is the conqucror answer the people Of
the United States the conQueros IL they who have