The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-05

cheers commanding forces the theatre Of war,
ADOPTED the mode Of levyiDg contributions from
the enemy before the order Of the President Of the
3lft Of March, l847. WAS issued The general In CON-
rspd II the army at Vera cruz upon his Of
his powers and duties, and without sperinc iustruc
ors TO that effect immrdia ely after the capture Of
that city adopted this mode By his order OF the rs
of hsTch ls47 heretof inundated to the Hou'e
OF Representatives hs directed Temporary and mo-
derate tar IT Of duties to be established
Such tariff was esta sshed, aud ooutribu lions were
collected and applied to the of army. Al q
t earlier period the same 90 wa exercised by the
Dava 'fcers in comma nd OF tquaaron on the Pa
cifc coatt
Not doubtirg the authority to resort to tha mode,
the order of the Stat OF March, ls47 iusd, aud
was, In eject, hut modhc OF the previous
oers of these officers. by maxi the rates 0f contrbu
ton uniform, and dire citing their collection In oil the
ports OF the enemy in our military occupation and
under our temporary military government.
The right 10 levy contributions on the enemy in the
fern of import and export duties in his ports
TONED ey Ibs treaty Of peace with Mexico By that
treaty, both governments recognised and conhr msd
the exsIc,se Of that Iight. By its provsions the
Gus ON houses all ports occupied by tbs forces of
United Slater" were. upon the exchange OF rasidc h
tions, to be delivered up to the Mexican authorities,
"togsthsr with all bonus aud evden OF debt TOR
dunes ON Expectations and explorations not yet fallen
due;' aud all duties on i'm Jorts aud on exports
coll, cted at such custom. elso where in
Mexico by authority of the United States" before
The ratification Of the treaty by the Mexican
msnt were to be retained by the United States,
and only the net amount Of duties coec led after
this period WAS TO be delivered to The Mexcsu gov
eminent By its provisions, also, all merchandise
tom hous,s to the Nexcsa Authorites" or exported
nom auy Mexican port whilst in the occupation
connkcSnon, and from the payment OF any import or
export duties TO the Mexican government, even al
though the importation VI su.h merchandise be pro-
bibite0 by tho Mexican tariff Tbs treaty also pro-
Nides that should ths be
the Mexican authorities in eas than sixty days from
the date Of Its sig OF duty msrchAu-
dist imposed by United States we're in has even
10 survive tie until the end Of this period; and,
In Ire mean time, Mexican custom house officers
leu n hard rtta s han
duties established by the tariff found force 1T such
custom houses at The time Of the restoration OF
same" The = tariff found In force at such customs
houses' which IL recos missed and sustained by thus
stipulation, WAS that established the mill .sry order
OF me aist Of March, 1S47 as mode Of levyios and
COLE citing military con trfbuions from the enemy
The tight to blockade the ports and coasts OF the
enemy In var IL NO m~rs provided for prescribed by
the constitution Than the right to levy and collect
contributions from him the form OF duties 9th.
trwise; and yet has not been QUESTIONED that
reid' mt had The power, afsr war had been decsred
Congress TO order our navy to blockade the ports
and cUasfs Of Mexico. The right in cases ext Is
under the laws Of nations II the President cannot
oiotr Military contributions to be collected without
al act of congress, for the he cannot
der blocksds nor can he dreoI the eusmys vessels
military and laval officers to invade the snemy's
country, conquer hold and subject TO military
government his cities and provinces; nor can he give
10 our military and naval commanders ,rders to per.
firm many otner acts esse initial to success in
IT, when the city OF MI xico captured, the oom-
nAbder Of our forces had tou nd in the Mexican
sury pubic money which the enemy had provided to
support his army, 1 bs doubted that possessed
Tie tight to seze and appropriate It for The use Of
own army?
If The money captured from the enemy could have
been ibur lawfully seized and appropriated, it would
have been by vt1re Of the war receg ased oy
Nil civilized nations; aud ny the authority the
f0ofcet Of revenue ana Of supply OF the enemy may
De cut Of from him, whereby he may be weakened and
crippled In bis means Of continuing wag ny the
war. II The commanders vi forces, while acting
under the orders OF the President the heart of the
enemy's country, sDd surI0u died by hostile popu-
atior, possess Of these .l and
BILE powers Of war, but must halt the army every
step and wait for an act of Co to
passed to sutborlss them to do that which ever
OTTER nation has es light 90 by virtue Of the
hstons then indeed s the government Of the Unissd
STATES IN . CONDITION OF lmbecil.ry and weak nsss
which mutt in ali future time Il impossible to
prosecute fors'ss war IN an enemy 8 country sue
M ioDal horo or by var
Tft con ribu.l ns.vifd were soted In the enemy's
county and were ordered to be Sppl,edn IN the
enenys country towards defrsying the expenses OF
Tie war; aud the appropriations made bv Congress for
that puipots were thus relieved, and considerable
ba'aDces remsiDed undrawn from the treasury. The
amount OF cent,ibutiobs remaining the
close Of the WAL far a. the accounts Of collecting
and disbursing oses have been setsd have been paid
into the treasury of an for that
pose, except the cum appied towards the payment Of
me hrst ut due unosr the treaty with Mexico"
o. stated In my last annual message for which ap
preparation bad been made by Congress. The OTIS
Of soms OF these officers stated in the report Of
qu,rs legslasion before they osn be- oslly settled
In the late war with Mexico, IL IL confidently believed
that the levy Of contributions and the seizure Of the
sources OF public revenue upon which the enemy relied
TO enable him to continue the war; essentially ntri-
butd to hasten peace By those the ment
and people Of Mexico made to iee the Of
the and realize that IL 1t was protraetsd its
brrthsns and inconvsnisncies must be borne by them
selves.
Notwithstan ding the great success of our arms It
may well be doubted whether honorable peace would
YET have bsen obtained bat for ths very
Wnlcn were exsoted. JAMES X. POLK.
Washington, January 2, 1849.
After the message Was read
MI ToomBs tsd that the srsumen ts contained there
In involved extraordinary propositions dangerous to
1t be referred to . select COMMITTEES.
MIR. c. }. InoERsoLL ooncurred in the propriety Of
the reference, no subject WAS more deserving Of CON-
sderaton; but he DID not subscribe to the gentle
mans remarks.
Mr.. v,Sror said that the message asserted priuci.
oTy therefore. he did not think that IL should 60 out
to the public without aremark or two As we'll as he
tons nps thu. n t.ts Of "sr tho On
right TO levy military contributions. No one
he presumed, disputed tnis and In the next place,
try has right to prescribe sdoh Laws and esuatons
Is he plea Nov then, the first, there was, he
.ef xh.. are military oOnsriousicnsi military con
tribution, II he understood It, Is substitute, or me-
or alton which In modern times takes the place Of
plumber, which was justified By the laws Of war The
right Of war originally gave the right to plumber tue
enemy We have, therefore, right to levy military
have right to plumber. We have . right to plumber
the enemy, not our own people But here, under the
plea of csDg the right OF contribution Of plum
der, you ray you have the right to levy duties
merce' ON the enemy! Mo- ON the commerce. OF nsu-
tr ais Has the PRECEDENT right to PLUMBER or levy
contributions on American ciiixens or American
property! II ID too plain to admit Of argument any
where that the Executive has no authority, no
right to plumber or levy contributions American
citSens or on American property.
MIR. STANTor-I should like to know whether the
government of the United States taking possession
of Vera Crus or any other part Of Mexico hsd not
o. 10 IA tn a
MIR. VIrToS-That Is the very thing an taking
about viii speak Of the COVER nment sovereign
or conqueror
Mr.. Z. }. IrGERsoLL-I did not to say snything
At presentt merely wish to intimate that do not
subscribe to the argument of the tsmsn from Ohio
call attention TO the clause Of the constitution and
which has been by the Court Of the
United States that IL the eighth section Of the
frst article Of the constitution, viz Congress has
power TO declare war; grant letters Of marQus and
pSissl, and make rules concernipg captures land
and water. have doubt Of the right to levy con-
tlibutons but can you raise money In this way aad
dispore OF 1t after wards,
Mr. viNror said that he speaking Of What the