The Arkansas banner., 1849-01-23
n.,,ar. of ihr PresIaent.
WFNNWtU VI tHt ENYNWW aAiVe to the Mexican Tar


 resolution:
 T, Il, Hoase of ofRePrf'sgfattirscs5.
 Io'' oit iths Us'tes Haies:
 rn answer to the resolution oi the ioth Decghloet, .sns iS ..onestiDv information under what law or l7'y, .a ef Inc constitution, or by what other au- Rs';,y v the Secretary Of the treasury Wth me to"i''!, and approyal" of the President, estab- ,1,iT of duties in the ports of the Mexi- u'he1 'he,I,f;r ,' "during tbc war with Mexico and can I.c,l constitutional other authority " V ~ "" SSns inns derived" was appropriated to Itl uy .arnort of the army in Mexico, l refer the ,,.a ta my annual message Of the 'th December, ,st-. ,o my message to the Senate ol me lVth oi r.t,,arv. isis, responding to call of mat ooay' - .f which is herewith communicated; and to a0oLl to the House of Representatives Of .p at,h of July, Isls, responding to call Of thai House. r..,,L. c.c,,,orv of inc e established tariff of duties in the ports ., Tho Mexican republic" The contributions col g,J in this mode were not established oy the sec ..,,-v of the Treasury, but by Hnintary otosf is "A h. the President through the War and Navy n..,,,,nnts For his information the President gI,eJ inc Secretary of the Treasury to prepare i .,,or, to him scale of duties. That report M.a a,,ae and the Presidents military order Of the St., March. ls47 was based upon 1t. The docu- -,.ptS communicated to Congress with my annual ,pss.,ge of December lsI1, show the true ehafac- trr of that order. , .,,,,... ..,,.,L,, ,!,,s yra,e aysctcd and collected from the enemy, s.5 ,nns5 to the support of our army during the ~ a,, vtb Mexico were stated in the several mes sagss referred 10. tr.I fl, relative to this subject all of which are doubtless familiar to our readers
 By the cousiitution the power to dectafe war IS ,..ts5 in Congress: and by the same instrument It ,,oviIs,; that the President shall be commander ,,cbjef of the array and navy of the United states ,ad that he shall take care that the laws oe iaith-
 When Congress have exerted their power by de- caring war against foreign nation, 1t Is the duty sf the President to prosecute it. The constitution has prescribed no particular nloae III cH e si'"l perform this duty . , The manner oi conducting the war is not defined by the constitution.
 Tba term rar, used in that instrument, has well-understooi meaning among nations. IhaI meaning is derived from the law of nations, coue which Is recognized by all civilized powers Us heing obligatory in | state of war. Tine power IS derIfed from the constitution, and in rTe manner oi exer- ci.gg if is regulated by the laws of nations " hen Congress have declared they, in fleet, make IL the duty of the President, in prosecuting il oy idhd and sea- to resort to alt the modcs ana to exercise all the powers and rights which other nations al var posses.
 
 spccias # he were personally present, commanding our fleets by sea, or armies by land. lie may conduct the war by issuing orders for fighting bat les bessriug and capturing cities, conqnering and ho.a,ug the provinces of the enemy, or by captur- inC his vessels and other property on the high seas. Bat these not tue only modes Of prosecuting war which are recognized by the laws of nations, su4 to which he is authorized 10 resort. He levy of contributions on the enemy is right Of war, well cstabi.shed and universally acknowledged among nations, and which every belligerent, possessing ihe ability may properly exercise. The most approved writers on public law admit and yin- 1c1e this right as consOnuHt with reason, justice, sui humanity
 No pri1cp,c is better established than that "we have right tO deprive our enemy of his posses sions of everything which may augment his strength and enable hin to make war. This every o8e enaedyors to accomplish in the manner most suitable 10 him. Whenever We have an opportunity We seizc on the enemy Pr, pery and convert Ii to olr ewH use; and thus, besides diminishing the enemy power. Te augmsnf enE ewn, and "ht~i' at hl>t paftll iudamnihcation or equivalent either for what constitutes the subject Of the war, CT fJr the expenses and iosses incurred in its pro- .ecUtoa; m word, we to ourselves justice ''ln- stead of custom of piiiagag the open couptry and ltrGceIass uIHcps,' the levy of contributions has been Substituted" .'Whocver carries on just v,r, has rght to make the enemy g country con- tribute 10 the support of his army and towards de iaynZ at the charges Of the war. Thus he obtains part of vhat is due to him; and the enemy's sub rc,s, by C1DseniIng to pay the sum demanded, have LerP-gP'rty secured from piiIage and the country e 3'sser'cd.' These principles, 1t is believed, R3ccaU5fe1i6d by any civilized nation in mo 3crn tines The public law of nations, by which they a'e recognized, has beeR held by our highest Ju- cra' tribunal os code which is applicable 10 our '-siaaiioa' in state of war, and binding on the tn''el states; while in admiralty and maritime efsVs t is often the governing rulu It is in just va mat nation has the right to make the ene- my couutry contribute to the support of hisarmy v Not iou5ung that our late war with Mexico was Iasi oa tle art of inc n,ted States did not hcsi- Hie' when charged by the constitution with its Wosrcuuoh, 10 exercise power common to ali 'iae' aat'ons, and Congress was duly informed of ue mcae and extent to which that power had been t"- oS'l 0e rNe5Cised at the commencement of hsiT hrsl session thereafter
 tpoa tue declaration of war against Mexico by congress the United States were entitled to ali the hsA's Which any other nation at war would have P'ssessed' These rigat could only be demanded anu enforced by the President, whose duty it was i' c'''n1ndeF-tn-cA of the army and navy of the A.'e@ Ntes, tp execute the law of Congre which N'e'ifel 'le war lu the act declaring war, Con. s7' pfo''aea for raising men and money, to enable "' FresH~ui "to prosecute it 10 a speedy and sue. g@''a' 'efmha1ioB Congress prescribed no mode " "''uGlethg l, but left the President to prosecute "N'oi-'hg 'l ihe aws cf nations as his guide h. eee1' Y "oah have been mpracucable for Con s'' 10 have provided for at the details of q cam !l'gn
 .-tAe mode of syyjng contributions must neces. amy De leit to the dscretton of the conqueror, uS'et 'o Jc exercised. however In cou&ormity with Ue avs o nations. it may bc exercised by re. H'u's gwen ~an or given amount of provis- o'' 10 he furnished by the authorities of a cap .'74 o''F or province II may be exercised by iin- PO'lag an iaieraai ,aN, or d tax on the enemyis -''Mefte' whereby hs may be ,iapriy.i of his ,'e''e'' and tnase may be appropriated to the use "'T con1aeTor. The latter mode Was adopted by
 .o' s'uoa oi duties iu the ports oi Mexico in Dat Republic. "''''
 1o We" eSablished Ia lhe military right to do this "l1'' 'as laws of nations, t1at our military and '''L o'heeTS commanding our forces on inc theatre
 "i'' @'op'ed the same mode of levyina eontri- p.'"' .'1"' rom the enemy before the order of the IT. e'-Tn' 0! tAe 8lst of March, Isi7, was issued 2s"T'Ai 10 command the armF at Vera Crpr. ' "' own View oi his powers ana duties, and NtlgHi specihc instructions to that effect. im,ne
 E 9,ef 'he capture of that city alonted this N.Y. by ms order of tho 18th of March lst1 .''soi0Fs 'ls communicated 10 the House of Rspr.- TrvS' nc ulrected a temporary and moIersie