Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-01-22
Message of the President Of the
United States Relative to the
Mexican Tariff.

lHe iolio"ihg message from me ffeSl-
dent of the United States, was laid before
the House Of Representatives, on the 81
inst. and referred to select committee.
1t is in answer TO Mr.. Bott's resolution
1o.thc House Ct Representatives Of Tie U. Stetes:
In answer TO the resolution Of the Sth of Decem-
Der, lS4S, requesting information "under what
law or provision of the constitution, or by what
other authority" the Secretary of the Treasury,
with the ''sanction and APPROVAL ofhe President
established ''a tariff of duties in the Mexican re-
public during the war with Mexico" and 'by
what legal, constitutional, or ether authority. the
revenue thus derived" was appropriated TO '.the
support Of the army in Mexico" refer the House
to my animal message Of the 7th of December,
le47 to my message 10 the Senate OF the 10Th
of February, lS4S, responding to call Of aat DO
dy, copy of which is herewith communicated
and to my message to the House of Representatives
of the Oath Of July, lS48 responding to call Of
that House.
The resolution assumes that the Secretary Of
the Treasury established tariff of duties in the
ports ofthe Mexican republic.' The contrhu-
tons collected in this mode We're not established
by the Secretary Of the Tresuary but by a mill
tary order issued by the President, through the
War and Navy Departments. For his ntorma
ton, the President directed the Secretary of the
Treasury to prepare and report to him scale Of
duties. That report was made, and the Pfes-
dents military order of the 3is March. lS47,
was based upon it. The documents communica-
ted to Congress with my annual message of De-
cember lS47 show the true character of that or
de-.
The authority under which military contribu-
tons We're exacted and collected from the enemy
and applied to the support of our army during the
with MeYIcO stated n the several
sages referred to.
Here follows extracts from the messages refer
red to relative to this subject, all of which are
doubtless familiar to our readers.
BY the Constitution, the power sto declare war
is vested in Congress and by the same instru
ment, it is provided that ''the President shall be
the commander in chiefof the army and navy of
the United States" and that che shall take care
that the laws be faithfully executed
When Congress have exerted their power by
declaring against a foreign nation, it is the
duty of The President to prosecute it. The Con
stitution has prescribed particular mode in which
he shall perform this duty.
The manner of conducting the war is not de-
fined by the Constitution.
The term acar, used in that instrument, has
well understood meaning among nations. That
meaning is derived from the law Of nations, code
which is recognised by all civilized Powers as he
ing obligatory in a stale of war. The power is
derived from the Constitution, and the manner of
exercising it is regulated by the laws Of nations.
When Congress have declared war, they, in eff
feet make it the duty of the President, in prose-
cutting it by land and by sea, to resort to all the
modes and to exercise all the powers and rights
which other nations at war possess.
He is invested with the same power in this re-
spect as if he We're personally present, command
ing our fleets by sea. OF our armies by land. He
may conduct the war by issuing orders for fight
ing battles, besieging and capturing cities, CON
quering and holding the provinces of the enemy,
or by capturing his vessels and other properly on
the high seas. But these are not the only modes
of prosecuting war which are recognized by the
laws of nations and to which he is authorised to
resort. The levy of contributions on the enemy
is right Of war, well established and universally
acknowledged among nations, and one which eve
ny belligerent possessing the ability may exercise
The most approved writers on public law admit
and vindicaie this right as consonant with reason,
justice, and humanity.
No principle is better established then that we
''have right to deprive our enemy of his pos
sessions, of everything that may augment his
strength and enable him to make war" This
every one endeavors to accomplish in the manner
most suitable to him. Whenever we have an op-
portunity we seize on the enemy's property. and
convert it to use; and thus, besides diminish
ing the enemy's power, we augment our own,
and obtain at least partial decentralization or equiv
aent either for what constitutes the subject of the
war, or for the expenses and losses incurred in its
prosecution in word we do ourselves Justice
''Instead ofthe custom Of plagng the open coun-
try and defenceess places" the levy of contrlbu
tons has been substituted" "Whoever carries
On jest war, has a right to make the enemys
country contribute to the support of his army, and
towards defraying all the charges Of the war;
Thus he obtains part of WHAT'S due to him;
and the enemys subjects, by conserving to pay the
sum demanded. have their property secured from
plllaee, and the country is preserved These
principles, it is believed, are uncontrovered by
any civilized nation in modern times. The public
law or nations, by which they are recognized. has
been held by our highest judicial tribunal as code
which is applicable to our situation" in state of
war, and binding on the United States; while in
admiralty and maratime cases it is often the gov
erning rule. 1t is in just war that nation has
the right to make the enemy IS country contribute
to the support of his army" Not doubling that
our late war was just on the part of the United
states, did not hesitate, when charged by the
Constitution with its prosecution, TO exercise
power common to all other nations, and Congress
was duly informed of the mode and extent to
which that power had been and would be eXercs'
ed, at the commencement of their first session
thereafter.
Upon the declaration of war against Mexico, by
Congress, the United States were entitled to all
the rights which any other nation al war would
have possessed. These lights couldony bedenand-
ed and enforced by the President, whose duty it
was, as commander-in-chief of the army and navy
Of the United States" TO execute the law of Con-
eress which declared the war In the act de-
carag war, Congress provided for raising men
end money to enable the President to s'prosecute
tito speedy and successful termnation.n Con
gress prescribed mode of conducting it, but left
the President to execute it according to the laws
of nations as his guide. Indeed, it would have
been impracticable for Congress to have provided
for all the details of campaign
The mode of levylng contributions must neces-
sarily be left to the discretion of the conqueror,
subject to be exercised however, in conformity to
the laws of nations. 1t may be exercised by re-
quirlng given sum, or given amount ofprovia-
ions, to be furnished by the authorities of a cap
/ IL. h. -,J b,-ir