Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-04-05

nut In the President, but in Congress. But 10 this
1t may be said there is distinction between exer-
cising the power in the United States and exerc- |
sing 1t In Mexico. or any other place beyond tho !
boundary oil the Unlted States, where our army
may be operating. To this answer by ASKING.
why SO? What makes the distinctions What
possible reason can be assigned why the power may
be exercised IN the and not the other! VIVA
can answer these questions?
But II 1t is the case--if the President can exer
ciso IN Mexico power expressly given to Congress-
when he cannot exercise in the United Sta;es-I
would ask where Is the limit to his power i'm Mex
lcos fias he also the power of making appropria-
lions OF money collected in Mexico without the
Sanction or Congress! This he has already done.
las nc the power to apply the money to whatever
purpose no may think proper. and among others TO
RAISE military force in Mexico without the sane
uon OF congress! That, also he has already done
but 4! there be no limitation, then his powers arc
absolute and despotic in Mexico, and he stands in
the two-old character Of the constitutional Presi-
dent OF the Y. States and the absolute and despo-
tic ruler of Mexico. To what must thisconclusion
ieadf What may he not do? He may Law taxes
AZ ms pleasure either as to kind amount he may
establish the rules and regulations for their colle
lion; he may dispose CT them, without passiuy the
proceeds into the Treasury to any object or for onv
purpose nc may think proper, and is not liable or
responsible to Congress any other authority, in
any respect whatever in doing all this. He may,
oi course raise armies, and pay them out of the
proceeds OF the taxes; he may wage war against
e neighoorlng countries to the south of him at his
pleasure, and extend his authority by force of arms
10 whatever extent he NAV desire or he NAV eouip
neet and assail the islands Of the South Sea or
nc may direct 1t against Japan, any other coun-
Try ne may think proper. Nay, further, he may
turn MS army against his own country and make it
the instrument Gifts suhiugation Arainst all this
'here Is no remedy, aud can be none il he has the
power which must necessarily result from the prn
ciples which would invest him with the mower of
laying taxes.
But 1t may be asked what are the limitations
upon ms power as commander in chief? The an
s"er Is an easy one. His power is TO command the
army. Let us put true value upon words tn
command In chiefs to have the supreme control in
conducting and directing the army in lis military
operations such Is It's power, and only power -
IL is restricted one, of which the constitutional e
gIsiation OF the country furnishes many evidences
ne very act which recognises war with Mexico
vests MIN with the power ofusinp the army and M
Wy for It's prosecution, clearly Indication that tho
power OF using them for that purpose re1uired the
authority OF law. If we look back into all the do
Carnations which have been made by this Govern
ihenl' we snail find that they all, in like manner.
oo"ief inc same power on the President Besides
II we turn to the laws in reference 10 supnrsssinu
instructions, 1t will be found that they expressly
authorize the President to use the militia and tho
army Tor the purpose-showinp in ike manner tho
prevailing opinion heretofore that the sanction of
law was necessary to use military force for this
purpose as well as for carrying into effect decla
ration OF war. Such also is the case in reference
10 rePeiing invasion. If there be any power which
one would suppose would belong to the President
us comfnander-in chief would be that oreslabish
ny Iules ana regulations for the government Of the
army out II we turn TO the constitution we shall
ma even that power is conferred bv express prov
SION upon congress; all going TO show within what
Ita fhoc
the power Of the President.
but 1t may be asked, has the coroueror M mower
10 impose taxes upon conquered country Yes
ne certainly has. When an army invadcs = conn
Try and subdues it, in whole OF in part. the oon
4ueror has right to impose taxes and collect them.
DH' the question occurs, under system of Co
Ferhihent, who Is the conqueror answer. the
people cftho United States are the conauerors, II
is they who have conquered Mexico; not the Pre-
sident, not the generals, not the army. They are
Dut inc instruments by which the conquest has
oeen ELECTED And it is the people of the United
oIa'eS mat nave the right to impose taxes. But
who represents the United States-who is their ar
gan through which they act! answer. this Go
vernment, the Federal Government consisting Of
tho Executive, the Legislature, and the Judiciary
departments The question then is. TO what oy
tent the President represents exclusively the United
STATES In The conquered country The answer is.
to no ether oXtent than as commander in chief. in
re-
sentative, and TO them especially belongs, by ex-
press delegation the power OF laying and collecting
taxes, and OF appropratlng them 80 such objects as
lhe constitution warrants, unrestricted extending
as lar as the United States authority extends with
out restriction distinction. Now, whenever
country is conquered, even in part, and held by the
conquering Power, the sovereignty Of the country
thus held is for the time suspended and that of the
cohquering substituted in its place; and of course
in our case the authority OF the Government in its
departments attaches To it if it was part of the
United States ITSELF each i'll its appropriate sphere
The opposite doctrine, which would mako the Ex- |
ecutive the sole and exclusive power in such por
lions or the country, is entirely destitute of autho.
rity, and would lead TO all the most dangerous and
tnonstrous consequences which have been traced
out All this is clear that it is SURPRISING that il
has been overlooked, or that there should be any
division or diversity of sentiment in reference to it,
The taxes which are the subject of these remarks
were imposed by the President in the interval be-
tween this and the preceding session of Congress
and this IS the first opportunity have had to ex- I
press my opinion In reference to the authority by |
which they were laid. And avail myself of this |
occasion TO put in my solemn protest against the !
power. If 1t should become precedent hereafter,
1t, III connection with the authority which the Pre-
sIdent has assumed in making this war, would lead
to the establishment Of fatal in reference to
the power Of this Government as il relates 10 war
1t VIII to that extent elevate the power of the FIX /
ecut1ve in practice far above the legislative as
the latter is elevated above the former by the CON
stituton, and lead almost necessarily in the end TO
establish despotic authority 'nthe Executive branch
of the Government. IL must be borne i'm mind that
we are warlike people, rapidly increasing in num-
Der and population, well fed well clothed and hay
ing an abundance of leisure. Like all such people
we seek excitement, and there is no description Of
excitement more entclng to the young and ardent /