The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-05

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 exercised at the commence
ment of their first session thereafter
Upon the declaration of war against Mex
leo, by Congress, the United States were
entitled to all the rights which any other ma
ton at war would have possessed. These
rishts,coud only be demanded and enforced
by the President, whose duty it was, as "con.-
mander-in-chief Of the army and navy OF the
United States,n to execute the law Of Con-
gress which declared the war. In the act
declaring war, Congress provided for rais-
| ing men and money to enable the President
f" to prosecute it to a speedy and success
fu termination" Congress prescribed no
mode Of conducting it, but left the Presi-
dent to prosecute it according to the laws
Of nations as his guide. Indeed, it would
have been impraticable for Congress to have
provided for all the details Of a campaign.
The mode Of levyng contributions must
necessarily be left to the discretion Of the
conqueror, subject to be exercised, however,
in conformity with the laws Of nations. 1t
may be exercised by requiring given sum,
or a given amount Of provisions, to be fur
nished by the authorities Of captured city
| or province; it may be exercised by i'm
posing an internal tax, or tax on the enc
my's commerce, whereby he may be de-
priyed of his revenues, and these may be
appropriated to the use of the conqueror.-
The latter mode was adopted by the colec-
ton Of duties in the ports of Mexico in our
military occupation during the 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 our
forces on the theatre Of war adopted the
same mode Of levying contributions from the
enemy, before the order Of the President Of
the 3lst Of March, ls47, was issued. The
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 OIL
that city, adopted this mode. BY this order
Of the 2Sth Of March, 1s47, heretofore com
municated to the House Of Representatives
he directed a Temporary and moderate
tariff of duties to be established.n
Such tariff was established, and contri-
buttons were collected and applied to the
uses of our army. At a still earlier period
the same power was exercised by the naval
officers in command Of our squadron on the
Pacific coast.
j Not doubling the authority to resort Ia
this mode, the order of the 3lst Of March,
ls47, was issued, and was in effect but a
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 occu-
patton and under our temporary military
government.
The right to levy contributions on the
enemy in the form Of import and export
duties in his ports, was sanctioned by the
treaty ofpeace with Mexico. BY that trea-
ty both Governments recognised and con-
hrmed the exercise of that right By its
provisions, "the custom-houses at all ports
occupied by the forces Of the United States''
We're, upon the exchange Of ratifcatlons, to
be delivered up to the Mexican authorities,
together with all bonds and evidences Of
debt for duties on importations and exporta-
tons NOT yet fallen due ]" and "all duties
on imports and exports collected at such
custom-houses or elsewhere in Mexico by
authority Of the U. S. before the ratification
Of the treaty by the Mexican government
were to be retained by the U. 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 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 United States,'' was protected
from confiscation 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 treaty aslo provides
that should the custom-houses be. surrender
ed to the Mexican authorities in less than
sixty days from the date Of its 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 pc
rod; and, in the meantime, Mexican GUS
tom-house officers were bound to levy no
other duties thereon ethan the duties estab-
lished BY the tariff found in force at such
custom-houses at the time of the restoration
of the same" The starif found in force
at such custom-houses, which is recognised
and sustained by this stipulation, was that es-
tablished by the military order of the 31st
Of March, 1sl7, as mode Of evying and
collecting. military contributions from the
enemy
The right to blockade the ports and coasts
Of the enemy in war is no more provided
for or prescribed by the constitution than
the right to levy and collect contributions
from him in the form Of duties, or otherwise;
and yet it has. 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'rigbt in both cases exists underthe laws
Of nations If the President cannot order
military contributions to be collected with