The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-04

by land and 10 all the modes and 10 eker
else all the powers and rights which other nations at war
possess.
lie invested with the same power in this respect as
if he personally present commanding fleets by
armies by land He may conduct the war by
issuing orders for fighting battles besegng and captur
ing cities, conquerng and holding the provinces OF the
enemy, by capturing his vessels and other property
the high But these not the only modes OF
prosecuting which recognised by the laws OF ma
tons, and 10 which he Is authorized to resort The levy
OF contributions the enemy Is right OF war; well es
tabished, and universally acknowledged among nations
and one which every bellgerent possessing the ability
NAV properly exercise. The approved writers on
public law admit and vindicate this right consonant
with reason, justice, and humanity.
No principle better established than that eve have
right TO deprive enemy Of his possessions of every
thing which may augment his strength and enable hun TO
make This every one endeavors TO accomplish IN
the most suitable 10 him. Whenever have
an opportunity we seize on the enemys property, and
convert il to our own use and thus, besides diminish
ing the enemy's power, augment own, and
obtain at least a partial decentralization or equiva-
lent either for what constitutes the subject OF the
for the expenses and losses incurred in It's pros
ecuon: in word, do ourselves justice" .lnstead
OF the custom OF pagng the country and defence
less places" the levy OF contributions has been ''suh
stitu,ed." 'Whoever carries Just war; has right
to make the enemys country contribute to the support OF
his army and towards deraying all the charges OF the
Thus he obtains part of what Is due TO him
and the enemys subjects, by consentng TO pay the sum
demanded have their property secured from page, and
lieved, unconroverted by any civilized nation in
modern tines The public law of nations, by which
tribunal code which is applicable to our situation" in
of war, and binding the United States; while IN
admiralty and maritime cases is often the governing rule
II Just that nation has The right to make the
enemys country contribute TO the support OF his army
Not doubling that late with Mexico just on
the part of the United States, did not hesitate, when
charged by the constitution with its prosecution to
power common to all other nations and Congress
duly informed of the mode and extent to which that
power had been and would be exercised at the com
mencement of their first session thereafter.
Upon the declaration of war against Mexico by Con-
gress the United States were entitled to all the which
any other nation at war would have possessed. These
rights could only be demanded and enforced by the Pres
ident, whose duty was, as commanderin chief OF the
army and navy Of the United States" to execute the law
of Congress which declared the In the act declar
ing war; Congress provided for raising and money to
enable the President "to prosecute 1t to speedy and
OF conducting it, but left the President 10 prosecute i
according to the laws of nations, as his guide Indeed it
would have been imprachcable for Congress 10 have
provided for all the details of a campaign
The mode OF levying contributions must necessarily be
left the discretion OF the conquero 10 be exer-
csed, however, in conformity with the laws OF nations
Ii may be exercised by requiring given sum, or gwen
OF PROVISIONS to be furnished by the Authorities OF
captured city province; may be exercised by i'm
posing Internal tax or tax on the enemys commerce,
whereby he may be deprived OF his ana these
may be appropriated to the OF the conluerof The
latter mode adopted by the collection of duties in the
ports of Mexico in military occupation during the
late with that republic.
So well established is the military right to do this
under the laws OF nations that military and naval
war, adopted the mode OF levyng contribu-
tons from the enemy, before the order of the Presi-
general in command of the army at Vera Cruz, upon
his own view of his powers and duties and without
specific instructions to that effect Immediately after the
capture of that city, adopted this mode BY his order of
the 2sh of March, 1917 heretofore communicated to the
House of Representatives, he directed temporary and
moderate tariff of duties TO be established"
| Such a tariff established, and contributions were
collected and applied to the uses of our army AT st
earlier period, the power exercised by the naval
officers in command OF our squadron on the Pacific coast
Not doubling the authority to resort to this mode the
orler of the 3ls of March, sl7 issued, and was IN
effect but modification of the previous orders of these
officers, by making the rates of contribution uniform, and
directing their collection in all the ports of the enemy in
our military occupation and under our temporary military
government
form OF import and export duties in his ports sane
toned by the treaty of peace with Mexico BY that rea
y both governments recognised and confirmed the exer-
else of that right ny its provisions, he custom houses
at all ports occupied by the forces Of the United States
were, upon the exchange of raications to be delivered
up to the Mexican authorities together with all
bonds and evidences of debt for duties mporta
tons and expectations not get fallen due;' and call
duties on imports and on exports collected at such
custom houses elsewhere in Mexico by author
y of the United States, before the ratification OF the
treaty by the Mexican government, were to be re.
tanned by the United States and only the nett amount OF
duties collected after this period was to be delivered to
the Mexican government" By its provisions, ALSO all
merchandise "mported previously to the restoration of
the custom houses to the Mexican authorities" eek
ported from any Mexican port whilst in the occupation
of the forces of the United States" was protected from
conhscaon and from the payment OF any import or eX
port duties the Mexican government, although
the importation of such merchandise "be prohibited by
the Mexican tariff" The treaty also provides that
should the custom houses be surrendered to the Mex
lean authorities in less than sixty days from the date
of its signature, the rates of duty merchandise
imposed by the United States were, in that event. to
survive the until the end of this perod and, in the
mean time, Mexican custom house officers were bound
TO levy no other duties thereon ethan the duties esab
shed by the tariff found in force such custom houses
at the time of the restoration of the same" The tarlii
found in force such custom houses" which IS recog
Missed and sustained by this stipulation, that esab-
as mode of levyng and collecting military contribu-
tons from the enemy
The right to blockade the ports and coasts of the
constitution than the right levy and collect conrbu.
tons from him in the form of duties otherwise and
yet has not been questioned that the President had The
power after had been declared by Congress- to order
our navy to blockade the ports and coasts OF Mexico
The right in both exists under the laws 81 nations
Ii The President cannot order military contributions to
be collected without act OF Congress, for the same
reason he cannot order blockade he direct the
enemy's vessels to be captured the hi can
he order military and naval officers invade the
mys country, conquer, hold, and subject to military
government his cities and Provinces can he give TO
our military and naval commanders orders to perform
many other acts essential TO success in war.
| If, when the city Of Mexico captured, the COM
mander Of forces had found in the Mexican treasury
public money which the enemy had provided to support
his army be doubted that he possessed the right to
seize and appropriate for the OF our own army