The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-03-29
THE UNION.


the Union
The President aud the Mexican Tarin.
AS the right of the President to levy and collect
posts In the enemys territory possession OF
forces, has lately been questioned by distinguished poll
cans' the subject one which claims serious exdmna-
hon
The constitution of the United States was made to
govern our own. and not foreign country. The pro.
vision which gives Congress the exclusive power OF
evylng imposts is confined its operation TO territories
under the civil jurisdiction of the United States When
an enemys territory is occupied by our troops, SO long
as no provision has been made for its government by
Congress, it only be held and ruled by military occu
patlon according 10 the laws OF nations.
It's proper however, to inquire what are the extent
and limits OF the powers which the laws of nations
fer the President while holding as commander in
chief, enemys territory under those circumstances
Ii has been asserted that unless he has the powers
cannot levy duties and that. if he has the powers
he could as well confer titles of nobility. In reply, |
would inquire if Congress could not lawfully sanction
The former proceeding, and if il could lawfully sanction
the latter
The constitution confers on the President the specific
authority of communicating chief of the army and navy
and, under this, he may claim the implied powers requ
site for making that authority available for legitimate
purposes. general in foreign field must necessarily
exercise much discretionary power in matters whose de-
spach cannot await the orders of his superior home
but this gives him right do what his superior could
not lawfully sanction. In like manner, the President
especially during a, recess OF Congress-in directing
warike measures abroad, must often exercise with
promphudee the discretion of commander as to
what will benefit the efficiency or economy of
the service. without waiting for legislative approval
could not lawfully confirm. 1t is legitimate OBJ
ect for the commander to husband the resources
OF his own government, by making those of the enemy
avaabe and il is his duty TO do in the best manner
that circumstances will allow provided the be
thorzed BY the laws of nations and be not forbidden by
those OF his own country far they apply to his
ton abroad If he does no more than this it is what
Congress could ray and though that body should dis
approve the plan or Details be from disagreeing
with his Judgment, not from denying his right,
49, hot Df tha,ran IL
peced that the Executive nalbe, that he deals
with infalible Congress, as to be able, in such
cases. to DO always what they mil approve but he is
bound not to exceed what they might sanction.
is agreeable to the laws of nations and of civilized
warfare and not at variance with our own, that any
territory in possession OF an invader be subject TO
his forces Circumstances must determine the plan OF
collections but there are certain considerations which
ought always to govern in the matter These are,
the facility OF coecon and availability of proceeds and
the avoiaance OF needless waste of mpruden exaspera
ton OF the PEACEFUL and of causing needless suffering
The more that the weight OF contributions is dused
them approaches to revenue system, the more all
the above objects attained Ii the contributions be made
in knd-as they often have to be at frst-the levies
ought at TO be widely extended may be-
not TO exhaust section after another by heavy local
exactions; and, so soon as possible the contribu-
tons ought to take the shape of taxes, thus the
object OF diffusion and equalzng Is still further
ried out. Taxation falls more equally on the popu-
lation than would the requisition of such articles
the army may need since the former weighs all who
have means and the lae hly on those who have GER
tain kinds of property 1t is plain them that the plan OF
taxation available and humane than that Of
requisitions; and it is no less certain, that tariff of
duties every respect the most ecacOus system OF
taxation, being that under which collection is and
cheapest and the feeling of oppression the ghtes In
Mexico more especially, is this system to be preferred
being that to which the inhabitants most habituated
therefore insist not only that the President under the
circumstances referred 10, had right to levy duties in
Mexico but that If resources to be drawn from the
enemy at ALL his duty, required alike by policy and
humanity to adopt the tariff system for that purpose,
possession OF territory was sufficiently firm
and extended to make that system available The usurp
alton with which he is charged consists merely in his
choosing the best mode of giving effect to measure
which it was his duty to carry out.
principle of the laws of nations has been cited and
much perverted the constitution, to sustain the late
attacks on the President II has been asserted that as
the laws of subjugated people remain in force till
lawfully repealed by the conqueror, and as no law
full repeal of the revenue laws of Mexico has yet
been made the President had right to substitute them
by others If this be true, the custom houses OF Vera
Cruz and Tampco ought still to be collecting duties for
Mexico. The above principle, however applies only to
laws that purely civil in their operations, and have
no political bearing Conquest annus and hostile
patton suspends, at once, all laws which incompat
Bile with the new all such provide
feror branches of for local municipal purpo
ses may be spared; but this is by grace, and not OF
right The right OF claiming revenue, save IN the above
of concession passes at once by the right OF might
to the powers that be- and to them belongs to choose
the rates and of collection, whether the
to be fixed by legislative enactment Professionally by
military ordinance; each of which competent authority
in its time and place.
When General Taylor, without the aid of Judge or ju
ry, levied the State of Tamaupas heavy fine to be
paid in money, corn. and beef he perhaps not
that constitution prohibits him from taking such pro-
ceedings at home If he did know it. he not to
have had the ingenuity like experienced politicians
to put to an unparotc abroad prohibition intended
for home benefit alone.
When General Scott abolished the interior duties Of
consumption and increased the in Mexico and d.
veed the latter from the enemys Golfers to our own he
was perhaps not sufficiently learned to perceive that
he was ouraging the laws OF nations.
In both cases. the stretch OF ingenuity and learning that
would have been needed to induce opposite courses
so great that its lack opine, may be excused in Gen
era or even in a President.
TEXANUS.
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