Weekly national intelligencer., 1848-07-29


with bis victorious troops from city to cy and occupied
vince after province, did he obtain right to the country
or title by conquest No There stood the Emperor
Of Russia in hostile attitude attempting TO resist and OPP
pose him. Did he, in the progress made by his
turn all civil government and the rules to regulate conduct
between man and man Who ever heard OF such pre-
Even when he entered and occupied Moscow he had
NOT obtained the right of conquest
So, when Gen. Taylor entered Matamoros one consd
cred him having obtained title for his country When he
stormed Monterrey and with inferior force took possession
Of that strongly fortified city, did any ne had obtained
title by conquest Certainly There Mexico still
in She raised another weappointed army and fought
the battle OF Buena Vista and there then title by
quest for General Scott had with another army anoh
line OF operations and fight many hard battles before he
able in the language Of the President and his heir appa
rent even TO "conquer peace much less to suSdue the
civil and military Government of Mexico
Look the examples Of Ireland Of Berwick, of Gas
cony Calais, Gibraltar Mnorca Grenada, and other places
where the right Of conquest attached and you will fnd
think that the title by conquest which gave British king
in right OF his crown as royal perogave the right TO de-
sroy modify existing civil governments, was assert
ed till after the treaty Of peace. Sir this point the
guage of Chief Justice Marshall is
The usage of the world is if be entirely sub
military occupation, until its fate shall be determined the
treaty of peace II it be ceded by the treaty. the acquisition
is conrmed and the ceded territory becomes of the
nation to which is annexed either the terms stipulated
in the treaty OF cesson such its master shall
impose"
Our President appears has claimed and exercised the
Mexico. The claim this power he under the
Of nations whilst New Mexico regarded a conquered
province in military occupation contend that civil
jurisdiction never attached under the laws of nations before
the treaty of peace made The President upon his
sumption of 70 egsae for this province whilst the
still raging, and before its fate had been determined has,
he informs destroyed the civil government Of the pro-
and established civil government In his thirst
and eagerness for conquest he has not been willing wait
till the fate Of the countries which he had occupied by armed
forces was determined In this will be found my opinion
the source of most of those which have led him step by
step to violate and overtun the constitution Of his own
country and violate the laws Of nations.
Bot, sir when conquest secured the treaty, the
power of abogatng the Mexican laws and establishing new
civil government did not rest in President That power
belonged to the people of the United States be exercised
BY their Representatives in Congress assembled Our Pres
dent usuped the opening customhoues and laying
taxes upon the Of the world with Mexico and he
did not stop there The money thus raised by laid by
the President in the of the United States has been ex
pended by the President or his officers in prosecuting the war;
notwithstanding the provision of constitution that no mo-
ney shall be drawn from the Treasury but in consequence of
appropriations made by law suppose will be told in due
time that this provision has been violated because the
ney placed in the Treasury Of the United States
Sir, not be remarkable argument than some
of those offered defend the Executive usurpatons bold
ly avowed in these messages.
When England conquered province an island and her
title was completed and confirmed by treaty OF peace
cordng to the theory of her Government the simple of
public domain of the conquered country vested the king by
iorce oil the perogatve of his He could only
make laws for IT. and levy it for his private use but
he could dispose Of the soil by his royal grant, Wc all
member that many Of the proprietary and colonial govern
ments IN America prior the Revolution were based on this
right of the British Although the king had originally
claimed New York by discovery and had given il by charter
TO the Duke Of York. he during war; afterwards conquered
from the Dutch, and Charles the 3D. eecting hold by
conquest changed its civil government by granting let
tiers patent to the Duke Of York after this conquest II
be pretended that the title of country conquered by
vests in our President and, not then it follows that he
neither grant by letters patent levy upon be
used he peases Sir the assertion Of this power by our
President would put out Of the power OF Congress put
end to any war In which may be engaged The fathers
OF our constitution thought that the power Of the Congress
withhold supplies placed 1t in their hands TO check,
cesary the Executive the prosecution or continuance of
unnecessary But if these new views Of our Cabinet
acquiesced there check upon the Executive left
so long he occupy foreign countries and be able
on them taxes sufficient to support his armies. He would
thus get nd of the limit which the constitution placed upon
the powers OF Congress- when said that Congress shall have
power TO raise and support armies but appropriation of
money TO that use shall be for longer than years.
So anxious those who formed our constitution to make
eectua the check the power Of the President continue
that they would not allow Congress supplies be-
yond the period that the people could send Representa-
tyes. All this wisdom is but foolshness, il the President
can strike these constitutional provisions dead by seizing
foreign countries and taxing them and using the money
Sir fathers, in all their efforts separate the powers Of
the purse and the sword abored in vain n these usurpaons
shall be tolerated and approved hope that far may
porant business the House will allow such doctrines
be ayowed and pracsed upon without rebuke. We
TO ourselves, 70 fathers OF the Revolution the
civil liberty, TO watch the silent and steahy tread OF Execu
tive powers and when such usurpatons made manifest
should in the spirit Of the Barons Of Runnymede
give them stern ebuke and take such measures will in
future the Executive power flow in its egi
Innate channel.
We in danger Of having liberties oyerthrown by
direct and open force History teaches that the forms Of
constitution would probably long remain after tyranny
might IN fact have trampled free institutions II
the temple OF liberties fall (Which may God
avert 1t will be by Of the silent and regular ap
prosches of Executive power, undermining first Of is pill
lars and then another, until IL tumbes Of its weight
But these false doctrines into which the Pfes
dent evidently betrayed by bis inordnate thirst for
guest and for acquisition Of territory, have naturally led him
into other enormites. When a monarch with either arb
uary or limited powers, coDquers country, and his title has
been completed by treaty Of peace and be thus acquires the
right OF giving laws to bis Subjects the correave
obligation Of giving them protection upon him. The
coroary from which is, they thereby become citizens Of his
realm and 10 him allegiance. No principle Of the laws
Of nations better settled than this II formally settled
IN Calvins Chief Justice Marshall says The same
act which transfers their country transfers the allegiance Of
those who remain in it," II s the lawful allegiance Of the
books contradsinguished from natural allegiance. No
respectable jura il is believed, denies it,
But e US see how this has been perverted by Pes-
dent He takes possession Of New Mexico, and occupies il
by force OF arms Whilst the is in progress and the fate
Of the province still uncertain he abroestes their laws and
oveurns their civil government and establishes another and
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