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

ss maze Of the 10th Of February 1S48 responding to
cali OF that body, copy of which Is herewith eonmu
Eicst.d and 10 my messaSe to the House. OF Repre-
s-ptativss OF the 9th Of July, lS4S responding to
cali OF that House
The resolution assumes that the Secretary Of the
Treasury established tariff o. duties the ports of
The Mexican republic - The contributions collected
in this MODE not established by the Secretary OF
the Treasury, but BY military orasr i.saed by the
President through The War and Navy Depart N uts.
For his information the President directed the Secrs
tsry Of the Treasury to prepare aud rspsrt TO him
dents military order of the 3lst Marc lsi7 w.s bt.sd
upon 1t The documents communicates TO Congress
vi my annual mestsge OF December, le47, show the
true character OF that order.
The authority under which military contributions
were exaoted aud collected from the enemy, aud sp
Piled TO the support Of our during ths with
Mexico stated in the referred to-
In the frst Of thess messages, informed Congress
that on the 3st Of March last caused an order to
BIZ irs ued to military and naval oders to
levy and collect military contribution upon all yes.
tels and merchandise which might enter any Of th-
ports Of Mexico in our mill, airy occupatia and 60
ply such contributions towards defrayng the expenses
Of the war.
By virtue Of the right Of conquest ami the la OF
war; the conqu-ror, consulting MS own safety
venienoe, may either exclude foreign commerce alto
gsthsr fo all such ports permit ic
ana condtiops a. he may prescribe Berore Tue prtn
cpai ports Of Mexico Olockaded by navy the
revenue derived frnm import duties under the laws Vi
Mexico, was paid into the Mexican treasury. After
these ports had fallen into military posses ,on the
blockade rsieed and commerce with them permit
ted upon pre- crbel terms and conditions They were
opened to the trade of all nations upon the paymsn of
duties more moser ate in their than those whi,n
had been previously levied by Mexico aad the
which formerly paid into she Mexican treasury
directed to be collected by military and naval Off
GERS. and applied to the use Of army sut navy
Care taken that the officers sold and sailors OF
our army and navy should be exempted from the ops
atGLs ~ tho order aud the merchandise imported
upon which the order operated, must be coasunsd by
Mexican cttzens the contributions exsctet wers in
effect the seizure Of the public OF aud
the application Of them to la directing
this ure the object wss to compel the euemy %
ward Du a Ia
OF the WARP
1t was AGO stated in that message that measures
have recently been adopted by which ths internal
we'll as the external OF Mexico in all places
in our military occupation will be seized and sppro
prisred to the ute Of cur army and navy
The policy OF levy'Ds upon toe enemy contr'bu-
ti0Ds In every form consistently with ths laws OF
tions, which it may be prscticable for our military
commanders TO adopt, should. In my judgment, b.
rgdy enforced and orders this effect have accord
ingy been given. BY such policy, 1t the same time
that our ow treasury will be relieved from heavy
drain, the Mexican people will be msds feel
dens OF the war and, consulting their interests,
may b. INDUCED the readily to require
to sccede to sjuet pesce."
In The same MESSAGE, Informed Congress that tn,
Of the loan which would be req uired foe the
further persecution If the might be reduced by
whatever amount Of expeu dture can be saved by mill
tary contributions collected In Mexieo and that the
contributions have been directed, and q very CON.
siderable sum Is expected from that source" The
year, In making his estimate Of the amount Of loan
which will probably be required, reduced ths sum in
consideration OF the amount which would probably BE-
derived from there contributions, and Congress sutho
r2ed the loan upon this reduced estimate In the
rage OF the 10Th of February 1913 to the Sc nate
stated that No principle Is better established than
den of itself and imposing it GU the essmy, by exact
ing. military conribntisn.. the mode Of making
conqueror; but 1t should be exercised In . manner
coniornable to the rules Of civilized warfare TIE
successful prosecution of In enemy country;
and the practice of nations has been In accordance
With this principle 1t 10 as clearly necessary the
rght 70 light battlss and M exercise Is often atxl
to the subsistence OF the army Entertaining
doubt that the military right 70 exsiuae oom@--.s
stoaether from the ports OF she enemy our military
occupation included the minor right of admit, nx it
under prescribed conditions It became imports
question at the date Of the order whether there
b. Q discrimination between vessel, and cargoss b.
longing to citizens Of the United States and vessels
ana cs,goes belonging to neutral nations"
the Gath ct July, 1885, it stated that 1t 10 from tho
fame source Of authority that derive the unqaes-
gress to blockade the ports and OF the n.y.
TO capture his cities aud provinces aud to levy
Coz upon him for the support Of oar array
70 our temporary military government the conquered
territories OF our enemy They are all bsll'xersnt
righte and their exercise il essential to the
battles"
BY the contribution, tho power ato declare war, is
vested Ia Copgress and by the instrument 1t
provide that "ths President shall BE- commsuisrin.
chief Of the army and navy Of the United States and
e1ecuted.n
when Congress have exertsd their power by de-.
sl.rins var :s.nst foreign nation it IL the duty Of
prescribed no particular mode in which he shall per-
The manner Of conducting the war is not defined BY
The term war, used In that instrument, has WE'LL
understood meaning among nations. That meaning
is derived from the laws Of nations, code which 10
recognised by all civilized powers being obligatory
In state Of war The power is derived from the
se
ed BY the laws Of nations. When Congress haze de-
clsred they In effect, make 1t the duty Of tbs
PIs.de mt in it BY land and sea 60 resort
to all the modes and TO exercise all the powers and
rights which o;;;;eT s.sous at war possess.
He invested With The same power In this rsspect
fleets by sea, or our armies By land lie may conduct
the war by issuing orders fer fighting battles beseg
ing end capturing Cities conqaerng and holding tne
provinces Of the enemy or by capturing h vessels and
other property the nigh But these not the
only modes of prosecuting war which are recognized
to resort. The levy Of contributions on the enemy
IL right Of war, we'll established AMI universally &C.
knowlsdgsd among nations and one which every bel
gsrent, post essinR the ability may properly exercise
Tire most approved writer's on public Law admit and
vindcats this right ~ consenaut with justios
No principle Is better established than that " We
have ight TO deprive our enemy Of his possessions, Of
everything which may augment mis- strength and en-.
accomplish In the manner msst suitable to him.
Whenever We have On opportunity We seize on the
]
thus, besides diminishing the onemys power, We aug
Dent our own, and obtain 1t lesst parrsi indemnih
carton or equivalent either for what constitutes tho
subject Of the war, for the expenses sod losses
incurred in Its prosecution; in word, 80 do oar.
selves justice" Instead Of the custom Of pillaging
the open country and dsfenceess Places tho levy Of
contributions has been "substitursd." Whoever
carries on just war, bAs right TO make the euemys
country contribute to the support Of his Army, aud
towards defraying the charges Of the war Thus ne
obtains part Of what Ia due to him; and the ensmys
subjects, BY consenting to pay the sum demanded,
have their property secured from piisgs: AID ne
country 10 preserved These principles It Is believed
are uncontroverted BY any civilized nation In modern
times. The public Law Of natons. by which they are
r. cognised, has been held by our highest Judicial
tribunal, - . code which 10 applicable TO our snus
ton" In a-stats Of war; and binding on the u,ted
States; while, In admin Atty ana maritime cases. 10
often the governing rule. It Is In sjust var that
nation has the right to make the ensmy's country
contribute to the support Of his army" Not doubling
that late with Mexico ON the part Of
the United States did not hesitate, when charged -
the constitution with Its prosecution, to exercise
power common to all other nations an Congress vas
ouly informed Of the mode and extent to which, this
power had been and would be exercised at the CON-