The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-04
CITY OF WASHINGTON, FRIDAY MORNING. AUGUST A, 1S48
points, and invite the particular attention of the House

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"Durng this period (yyhiIe Castne in the State
oil Maine was in the British possession) the BRUSH govern
ment exercised alt civil and military authority over the
place, and established custom house. and admiued goods
TO be imported according to regulations presc rbed by II
sell and, among others, admitted the goods upon whicb
duties are now demanded"
After the evacua ton of the place, this action was
brought for duties claimed to be due to the United States
"Under these circumstances, all opinion (Judg'
Story derering The opinion of the COURT that
claim for duties be med BY the conquest and
military occupation Of Castne the enemy acquired that
r possession which enabled him to exercise the fullest
rights OF sovereignty that place The sovereignty of
The United States the territory was course suspend
ed and the laws the United States could no Longer be
ghtnly enforced there or be obligatory the nhabit
ants who remained and submitted to the conquerors
'By the surrender the inhabitants passed under tempo
ary allegiance the British government and bound
by such laws and such only as IT chose to recognise and
be obligatory upon em for ohoe there protection
allegiance, sorerignty there can be no claim TO obedience
laws, be deemed foreign port; and goods
imported into by the inhabitants, subecto such du
goods irere IN correct imported into the United
States And when, upon the return OF peace, the
in the predoanen they would have been if Cas-
tine had been foreign territory ceded 10 The United States
and the goods had been previously imported there In the
latter case there would be no pretence say that Ameri
can duties could be demanded and upon principles Of
public and municipal law, the disnguisha-
bic The authorities cited the bar would if there
doubt be decisive of the questions but we think too
clear 70 require any aid from anihoritYF
lHlS, ndinlaln Is a ease precisely IN point war
existed between the United States and Great Britain
Great Britain conquered a part OF the State OF Maine,
established government there and collected duties ust
as has been done in Mckee N the language OF the
to struggle with the foe Yet the Supreme Court says
by The conquest and occupation. the enemy acquired
that rm possession which enabled him to exercise the
habtants passed under atemporary allegiance the Brit
ish government, and bound by such laws and such
only chose recognise and impose From the
OF le case, ao other laws could be obligatory upon them
What becomes OF the assertion of the honorable gen.
tleman This was not done by the British Parliament
gentleman pretend thai the BRITISH or any nation when
they make temporary conquest of part OF country
can do more than we can when we conquer theirs
This would be absurd and in direct conflict with the
equality of the laws OF nations,
The established rule is, that the being reputed
equal between enemies, ichateper is permitted
IN pire Of The state Of Var is also permitted to the other
Accordingly nation under preence OF justice being
its side, plains OF the hosities OF the enemy
while they observe the laws prescribed by the common
The honorable gentleman from Ohio says I'VE expel-
ed her." (Mexco,) "and took the country by conquest
and part OF the republic of Mexico, the President
peace there and keep ORDER This is right and IS ali we
contend for; but tbs honorable gentleman from Kentucky
denies this See how great men of the same party differ
The gentleman from Ohio though he admits this right of
the President says that the claim of Texas to the part
OF New Mexico east of the Rio Grande is good, yet the
President had no power to govern there. When an
W,
surd to suppose necessary to set up military gov
there The gentleman places it upon the proper
ground for if it was necessary" the President
had the power, otherwise not and if he had reflected
upon the situation of the country east of the Rio Grande
instead OF combining his mind solely to the search for
complaints against the President, he would have at
that his supposed absurdity would have changed
TO imperous necessity, which it would have been
criminal in the President to disregard This country
hundreds of miles from the organized part of Tex
as. separated from it by high mountain ranges and will
he nv stir fed WcS NH
Mexcans solely, enemies in against Texas and the
United States governed by Mexican laws administered
ton bu by military force In this situation the United
States army found them and conquered them thereby
supersedng the Mexican laws and officers that ruled
This done at the request of Texas; and when
it was done Texas not present, by her repre-
senaiives or her laws, to take the control of the
try; nor could she have done 80, without army to
enforce her authority In this situation, there was ne
cessy, not to be avoided, preserve the public peace
there and keep order" If the President erred this
case, against whom did he offend Texas. And has
Texas complained has one word of remonstrance
from the lips of her honored representatives upon this
floor, or from any OF the people OF that gallant State
On the contrary Texas invited the course taken by the
hour has assened to all that has been done. A case
occurred during the of 1912 analogous 10 some ex-
to this MIR. T. read the following Proclamation: :"
"The enemy having been driven from the Territory of
cipH government of the Territory shond De re-esabshed
y have therefore, thought proper TO proclaim thai all
and Which hare been derived from
British officers end that the citizens of the Ter
itory restored to all the rights and privileges which
they enjoyed previously to the capulaion made by Cen
Hull the 18th August, 1872 Under the present clrcun
stances and until the will of the government be KNOWN
have thought proper direct that all having civil
offices in the Territory OF Michigan Mt the period OF the
equalization OF Detroit the exercise OF the powers
appertaning their offices respectively In the present
dispersed Of its populations many officers are doubt
who resigned the office Will resume the exercise OF its du
ties The laws in force the period aforementioned
will be reesabshed and continue in force until repealed
by the proper authority.
Civen sadguarters the 10Th day of Sc ptembe 1873
''WM HENRY HARRISON"
Upon the conquest of Michigan, General Harrison
proclaimed that "all appointments and commissions
which have been derived from British officers at an
end ;" and proceeds re-esabsh government and IN
case of the absence of any officer he directed the last
incumbent uho resigned the Office to resume the exercise
of its duties This done in territory belonging to
the United Staesand done too, to govern the citizens OF
the United States nhabng that country, and friendly to
its institutions and ii General Harrison could appoint
man Office there because he had once held and resign
ed and another appointed in his place, he could have ap
pointed any Now that General Harrison did right,
is manifest By what right power did he do this? BY
his power general called forth by the necessi
ty of the The country east OF the Ro Grande was
more distant from Texas, and inhabited by MeXcans
enemies to the United Staessuch people as could not bt
controlled by the civil authorities Of Texas, (nor were
those authorities there 10 conro and IS case OF much
more urgent and Bperous necessity than that OF Gen
Harrsons. The of 1912 was opposed throughout by
the political progenors of these gentlemen, with all the
zeal and ability that those able men were possessed OF
VET the plenude of their patrotism with all their acu
men, they were unable to find this fault 1t was re-
served for their progressive political descendants, hk
their ancestors opposed to their country In war,
p and