Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-01-22
n O.. a.


commerce, whereby he mag be deprived of his
revenues. and these may be appropriated to the use
Of the conqnaror. TIE latter mode was adopted
ny the collection of duties in the port, of Mexico,
IL cur military occupation during our late war with
that republic.
So well established is the military right to do
this under the laws of nations, that our military
and naval officers, commanding orr forces on tho
theatre Of war. adopted the same mode of levyinp
contributions from the enemy, before the order Of
the 3ist of March ls47, was issued The gen
eral in command of The army at Vera Cruz. upon
his own view of his powers and datios, and with
ont specific instructions 70 that effect immediately
after the capture Of that city adopted this mode.
By his orders Of the 23th Of March. iS47, hereto
fore communicated to the House Of Representa-
ves, he directed ''temporary and moderate tariff
Of duties to be established"
Such tariff was established. and contributions
wer collected and applied TO the uses ofour army.
At still earlier period. the same power was ex-
ercsed by the naval officers in command Of our
squadron on the Pacific coast
Not dolbting the authority to resort to this
mode. the order The 3lst of March, lS47, was
issued, and was in effect but modification of tho
previous orders of these officers, by making the
rates of contribution uuforrn, and directing their
collection in all the ports Of the enemy in on mil
itary occupation and our temporary military GOV
eminent
The right to levy contributions on the enemy
in the form ofmpor and export duties in his ports
was sanctioned BY the treaty of peace with Mex
leo. by that treaty, both governments recognized
and confirmed the exercise OF that right By its
provisions, 'the custom houses at all ports occu-
pied by the forces of the United Statcs'' were,
upon the exchange of rafcations, to be delivered
up to the Mexican authorities ''together with all
bonds and evidences of debt for duties on importa-
tons and expectations not yet fallen d,se," and all
"du,ies on Imports and exports collected at such
custom houses or elsewhere in Mexico, BY author
ity OF the U. States" before the ratification of the
treaty by the Mexican Government, were to be
retained by the Z. States, and only the nett am,
of duties collected after this period was to be de-
livered to the Mexican Government By its pro-
visions a,sc, all merchandise imported previously
to the restoration Of the custom houses to the Mex
lean authorities, or exported from any Mexican
port whilst in the occupation of the forces of the
y. States" was protected from confscaLion and
from the payment of any import or export duties
to the Mexican Government, even although the
importation of such merchandise 'be prohibited
by the Mexican tariff" The treat also provides
that should the custom houses be surrendered to
the Mexican authorities in less than sixty DAVIS
from the date ofts signature, the rates of duty on
merchandise imposed by the United States were.
in that event, to survive the war until the end Of
this period and in the meantime, Mexican custom
house officers bound to levy no other duties
thereon ethan the duties established by the tariff
found in force al such custom houses at the time
Eof the restoration Of the same" / lie tariff found
in force at the custom houses, which is recognized
and sustained by this stipulation, was that es,ab-
lished by the military order of the 3lst IF March.
lS47, as mode of levying and collecting military
contributions from the enemy.
The right TO blockade the ports and coasts of tho
nrOViJnd for r ri hed
by the Constitution than the right TO levy and col
lect contributions from him in the form Of duties
otherwise; and yet thas not been questioned that
the President had the power, after war had been
declared by Congress, to order our navy to blockade
the ports and coasts of Mexico. The night in both
exists under the law OF nations. If the Pre-.
siden cannot order military contributions to be COL
ected without an act of Congress, for the same rea-
son he cannot ortei blockade nor can he direct
the enemy vessels to be captured on the high seas:
can be order our military and naval officers to
invade the enemys country conquer, hold, and sub
ect to our military government hs cities and pro.
ynces nor can he give to our military and naval
commanders orders TO perform many other acts es.
sential to success in war
If, when the city of Mexico was captured, tho
commander of our forces had found in the Mexican
treasury, public money which the enemy had pro.
vided to support his army, it be doubted thai he
possessed the right TO seize and appropriate it for
the use Of orr own army:
If the money captured from the enemy could
have been thus awiuily seized and appropriated it
would have been by virtue of the laws of war, re-
cognze6 by all civilized nations and by the same
authority, the sources of revenue and Of supply of
the enemy may be cut Oft from him, whereby he
may be weakened and crippled in his means Of con-
tinuing waging the war ifthe commanders of
cur forces, while acting under the orders of tina
President, in the heart OF the ene,ny's country, and
surrounded by hostile population, possess none OF
these essential and indispensable powers OF war;
but must halt the army at every step of its progress
and wait for an act OF Congress to be passed to au-
torze them 10 DO that which every other nation
has the right to do by virtue Of the laws Of nations.
then, indeed, is the Government of the IT, States in
a condition of imbecility and weakness, which
must in all future time rerder it impossible to pros
ecute foreign war in an enemy's country success
fully, or to yndicate the national rights and tho
national honor by war.
The contributions levied we've collected in the
enemys country, ''towards deiraylng the expenses
Of the war" and the appropriations made by Con-
gress for that purpose We're thus relieved, and
siderable balances remained nndrawn from tho
TIRE asury The amount Of contributions remaining
unexpendcd at the close of the war, as far as the
accounts OF collecting and dlsbprsing officers have
been settled, have been paid into the treasury, in
pursuance OF an order for that purpose, except tha
sum 'applied towards the payment Of the first in
stament due under the treaty with Mexico" as
stated in my last annual message, for which an ap-
preparation had been made by Congress. The ac-
counts ofso.ne OF these officers az stated in the
poit vi tiie StSieioiy Vi W dI accompanying tndp
message, will require legislation before they can be
finally settled.
In the late war with Mexico, it is confidently be-.
heved that the levy of contributions and the stzurs
OF the Sou css of public revenue, upon which the
enemy relied to enable him to continue the war. es-
sentially contributed to hasten peace. By those
means the government and the people of Mexico,
were made to feel the pressure of the war; and to,
realize that it was protlaoted, lis burdens and in
conveniences must be borne by themselves.
! Notwithstanding the great success Of our arnas,
it may we'll be doubted whether an honorable peace
would yet have been ATTAINED, but Tor the very
ltributions which were exacted
JAMES X. POLK.
The Tallahassee (Fa.) Sentinel, Of tha
9th inst. says:
'.The Sheriff. St. Lucie county, in this