The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-05

and he may carry the spite Of the will Of the
baton-in sp'te Of Congress- The appropriations for
. limited time for the airport Of the army, ares re-
ttrction wherever the Executive gets possession OF
portion OF TIE en.pys country. can levy Goa
sent OF Congress. IL he cannet lew ooutri-
| buttons without tho consent OF Congress, It will
| foiew. rs . consequence. that the mon-ys thus
The Preside MT has raised the money without the au-
tiority Of Congress aud disbsrsed 1t without
tboriiy VI Congress-. From the moment ne (Mr VIM
tony fret the order which was issued he
| satished that it was unconstitutional order. Hs
made citiz. Of the United States nsutrasJ aud
who submitted to the exaction, would bring suit
the Preside nj, who ordered IL to be paid.
REspoNsE.
Mr.. STANTON presumed that the gentleman would
not deny that the President is the commander in
snef OF the army and navy, and that on taking pos
.esson OF the ssaports OF Mexico would have bss a
boand. as the representative Of this government
tho head OF the army, collect, by Of agents.
the revenue OF the government Of Mexico ut these
p"t S tho Mexican svss
OF The American army might II he thought proper,
cud- every barrel OF aour but he has the discretion
point Ulcers of tbs customs to collect the revenue
II 1t DO bis duty to eize the OF the Mexican
Bevei Dment, he might, without breach OF duty, say
| he would take only two dollars and fifty GENTS
duty on esch barrel of -four.
| Mr. q. lNGEasoLL--What will he do with the
| ney when he gets IT!
Mr.. STANTON That Is q different question.
Mr.. 'NohRsoLL-By the laws Of war the President Is
| empowered to distress the enemy by all manner Of
| means By alsw Of Congress-, the President
thorzed 10 prosecute the war to honorable concu-
son For that purpose. without References TO the
| II nations, we know what ought to bs done. When
property ia taken 1t 10 at snce, without saying what
| Is 10 hs done with It What Ia ths doctrine Of the
| laws II prizes and captures! take iG for granted
that Congress must what is to be done With the
ney After tn. war is declared if the President takes
the money AID Dds it without the sanction Of Con-
gre,s, he may carry on the war eternally.
| Mr. STANTON resumed, anu In tho course Of his
M RI had
this matter from the silence of both Houses Of Con-
| no; ho, no) 1t is true resolution Of inquiry
offered, but at no time pressed BY the House Az no
tine did any gentleman propose to regulate, render
define the power to exercise this duty by the Pre-.
sicent
qursctd in Last session the subject referred
~ mt Of the House to inquire into the
| Hcnty During last ,es,ios. the War Densrtmsnt
fspt commun,csrlon 70 the COMMITTEES Of Ways and
ofcers could settle their sccounts The committss
however to act upon the thew refused
to extend any relief viewing a. maiority Of than
did tn. act Of the Executive rs 40 usurpat,on
| MI. srAsroN-rhen, by the admission of the gen.
til man have him in the position where stand It
was Executive usurpation, he Gays yet he did not
open hts ips, and did not bring forward any
measure to save the constitution and laws from
| lions, l do not understand that any case eau be
made ouch ~ the gentleman from Pennsyvsnis
| On0Of9omonC.
legality of the contribution, say my position il utter
~ unassatsbis 1t the Presidents duty ssize
the revenue Of the Mexican government and then,
has enough from our citizens and neutrais
and Mexicanr.
Mr. CoILAMEh remarked that this could be done BY
| the government, but not by the Executive.
Mr. S1Asror-The government has the right to
raise nue. Of the Mexican government; the DOM.
psndern ohief Of the army ana navy takes posses
sion. What lie to be done with the revenue! Was 1t
not his DUTY to collect before Congress passed law
slrt nnss thA fAsf,k
the duty Of the der in chief to make the
| collsctons!
| Mr. ScnsNcx-ls it a fact that the President has
seized the Of Mexico! Has he abolish
in place Of them, ''''''' u ''''A1'
ME- STANroN-l know perfectly well that 1t Is In
cumbrnt on those g. ntlemen to deny, in order to
9mceIs Sood De bound TO collect the revenue accord
ing 70 .ne s"e Oh nnl You consult the Law OF
% s Inc, ne M m S0m.sa IN al sm.s ysr
wiz nba INA. ~ tne guy oa every commsndinS ON.
& 70 bs ,p'S ~. ~ na
NAN ,hs e.r .horir 3. anu
wy .n01 s.o an Souu n~ve Pstua't's 20 y.
W ~ W ' sc pSy W as nv y. any sut .es
,.; o. 's us I'll Ioe, " .ne wv A0s I'D HUN oi-
Mr Ssht ss. msae IN enquiry Wnion ~e did not
~. VI, ui'sin .ose' A. , -. ~. w.
tn At the Prs.d.n had levied contrbutons on etti.
=. ~. -" IT, ,np.ope..y w o. Ie I.a power
no,i. nst.sS ~ onsrrs tn. so ~. :" ., 'rS
nations II ne can exclude commerce, he can admit
~Mnoue ouues, ne CHOOSE 70 20 30, OF ADMIT them
In .hS psy msn' oa outes'
Mr vINToS-After the capture OF Vera Crus, was
,n money 70 % LEV u 20 in'o TAG mexican treasury
W." ~ S n.so Ah,,.u "a.
=. III $1,000 q. ... - ~ s, VS. INC guy
a ~ ~ 20 fs0e ,,s care o. u. How
.ne iIes,sen. Jushy nm'en Dsiose tne country
no W. nos aorS ~ $780,.
.t;..r viSroS'-AA~oo ""s imposso On QUIZ own
oi,ahehs. ,..,.
Mr STANroN.-Lnis commerce va pefmIted 20 80
beyond our own country. VA ssislny that which,
py .ns onSnsss 81 wsr, peesne ours an1, by the Al
y. s.s s"o vuss.
9assVn " ..sirs = 31Sy n aaens from
~. a,e - ~ go -. s.y y. Wy su ~
IN -, ~ ~. Tn,t.d S,p,s 1 :. ppy ~ ~ VIC
n.Sa M ia mon tha sun;act "a ;h, ,nortS. 80
.un.aA % n......v IT,. .on,n;.,s. 80 -. 80
49,. rSur.d 49,, .lthov.h thw 80 y. 80 suu
-. - rsanisti.ns 'N'' "e'o '"'~ "po"
w -, MeNy ~" .n..r,.. u,,...x.....
10 W .', ~ NJ "uou ~ ssys
ass NJ vO INV . , pa ~ ;., -. s
ru " go - s - ~ ,hSh Ca. oo,Id 800, th;