The Arkansas banner., 1849-01-23

Mexiesn government, were h be f<tained by the l United StSies, and only the uet amount of duties collected affer this period waslo be delivered Co the Mexican government By is provisions, also, all merchandise imported previously 10 inc restoration of the cu,tom-houses ,o the Mexican authorities = or 'expor,ed from any Mexic;h pot whilst in the occupation of the forces of the United States" as protected from con6seation ant from the payment of any import of export duties 10 the Mexican government. even although themport alton of such merchandise "be prohibited by he Mexican tariff, ' The treaty also provides tha, shouid the custom house be surrendered to the Mexican authorities in less than sixty days from the tate of its signature the rates of duty on merchandise imposed by the United States were, in that eveit to survive the war uasll the end Of this period; ani n the antime, Mexican custom house officers were bound 10 levy other duties thereon ethan tie duties established by the tariff found force at iuch custom houses at the time of the restoration cf the same" The tariff found in force al such custom houses, which is recognised and sustained by this stipulation, that established by the military order of the 3lst of March, lS47, as a mode of evying and collecting military contributions from the enemy.
 The right to bloc kade the ports and coasts of the enemy in wsr, is no more providtd for prescribed by the constitution than the right o levy and collect contributions from him in the loru of duties or other wise; and yet 1t has not been questioned that the President had the power, after had been declared by Congress to oider navy 10 blockade the ports and coasts of Mexico. The right n both ca ses xists " order military contributions b be collected without an act of Congress, for the slme reason he cannot order bockade nor can he direct the enemy's ves- sels to be captured on the ligh seas nor can he order our military and naval Ciicers to invade the enemys country. conquer, hold, and subject 10 our military government his cities and provinces nor can he give 10 our military and naval commanders orders to perform many oiher acts essential 10 its success in war.
 1 If. when the city of Mexico wat captured, the commander of ouE forces had found in the Mexican i treasury public money which the eteray had prov- ded to support his army, can it betoubted that he possessed the right 10 seize and appropriate il for the ! use of cur armyi If the money captured from the ererny could have been thus awfully seized and appropriated, t would have been by virtue of the laws of tar, recognized by all civilized nations; and by the same authority, the sonrces of revenue and of supply of the enemy may be cut of from him, whereby is may be weak ened or crippled in his means of continuing or waging the war. If the commander, of our forces. willie acting under the orders of Int President, in the heart of the enemy's country, ind surrounded i by hostile population, possesses none of these essential and Indispensable powers q war, but must halt the army at every step of its prcgress and wait for act of Congress 10 be passed u authorize them 10 do that which every other nation has the light 10 do by the laws of nations then indeed the govern ment of the Unted States in coEsiIiion of inbe- i cility and weakness which must in oil future time render if impossible T. prosecute a foreign war in an enemy's country successfully or to vindca,e the national righ's and the national honor by war. The contributions levied were collected in the ene- my's country and were ordered 10 be applied" in the euemy's country "towards defrsying the expen- sos Of the war and the appropriations made by Con- gress for tha; purpose were thus relieved, and con- siderable balances remained undrawn from the trea- suTy The amount of contributions remaining un- expended al the close of the war far as the ac- counts of collecting and dIsbursng officers have been settled, have been paid into the treasury, in pursuance of order for that purpose, except the sum applied towards the paymen, 0! the first in- sallmeHt dne under the treaty with Mexico" as stated in my last annual message, fot which an ap- ptopFiation had been made by Congress. The ac- counts of some of these officers, as stated in the report of the Secretary of War. accompanying that message will reqmre legislation before they can be finally settled.
 h the late war with Mexico it is confidently be-
 ieyed that the levy of contributions and the seizure of the sources of public revenue, Hpon which the enemy relied 10 enable him to continue the war essentially contributed to hasten peace. By those means the government and people of Mexico were mate 10 feel the pressure of the w9F and to realize that f. il was pForacted, its burden and inconve- nience must be borne by themselves -
 ycrwunSrsndrug The great success Of our arms. il may well be doubted whether an honorable peace wond yet have been obtained but fer the very con. trbg'ions which were exaced.
 JAMES K. POLK. WASHINGTON, January 2, ISt9.