Weekly national intelligencer., 1850-05-11

of War Du!"s in Mexico, recently decided by the
Su rene Court of the United States.
SUPREME COURT OF THE UNITED STATES,
DECEMBER TERx, ls4s
Joseph Fleming and William A. Marshall trading urdst the
firm Of Fleming 81 Marshall, plaintiffs.
peTsus
James Page, Collector Of the United States
o., certificate Of rision opinion befceen the gsdges
Ofhe Circuit Court Of the UrIed States for tie Essern
District Of Pennsylvania.
Mr.. Chief Justice TANEy delivered the opinion
OF the Court.
The question certified by the Circuit Court upon the
construction of the of Congress of July 30 lS46 The
dees levied upon the of the schooner Catharne
the daes imposed by this law upon goods imported from
foreign country And if the of this shipment Tam
piso foreign port within the meaning of the Of
Congress, then the duties ilegSy charged and hav
been paid under protest. the pan would be entitled to
recover in this action the exact by the collector
The port OF Tampioo, at which the goods shipped
and the Mexican State of Tamaupas in which is situated.
undoubtedly the time Of the shipment ube to the
sovereignty and dominion of the United States The Mexi
authorities had been driven out had submitted to
army and navy and the country in Che exclusive and
firm possession of the United States and governed by its
military authorities acting under the order of the President
But does follow that it part of the United States,
tha, ceased be foreign country, in the in which
these words used in the acts of Congress. ...
The,cosntry in question had been conquered in but
the genius and character of institutions PEACEFUL and
the power declare not conferred upon Congress
for the purposes of aggression aggrandzement, but to
enable the General Government to vindicae by arms if
should become necessary, its rights and the rights of its
citizens war; therefore, declased by Congress never
be presumed be waged for the purpose of conquest the
acquisition of territory does the law declaring the war
imply authority to the President to enlarge the limits of
the United States by subugatng the enemys country The
United States is may extend its boundaries by
quest treaty. and may demand the cession of territory
the condition Of peace in order indemnify its citizens for
the injuries ,hey have suffered reimburse the Govern
ment for the expenses Of the But this be done only
by the treaty making power the legislative authority and
part of the power conferred upon the President by
the declaration of His duty and his power purely
military. As commander-in-chef he is authorized to direct
the of the naval and military forces placed by
at his command, and employ them in the he may
deem mos. eecua haras and conquer and ubdue the
enemy He may invade the hostile county, and subject
the sovereignty and authority of the United States but his
do net enlarge the boundaries of this Union
extend the operation institutions and laws beyond
limits before assigned to them by the legislative power
1t true that when Tampco had been captured and the
State Of Tamaulpas subugaed, other nations bound
regard the country while possession continued the
territory of the United States and respec. SUCH For
by the laws and usages of nations conquest valid title
while the victor maintains the exclusive possession of Il
conquered country The citizens of other na,on there
FORE had rgh. enter without the permission Of the
American authorities hold intercourse with its nha
bsnts trade with them AS regarded all other ma
tons part of the United States belonged them
exclusively the territory included in established
boundaries But yet it not part of this Union For
every nation which acquires territory by treaty conquest
holds according to lis institutions and laws And the
relation in which the port of Tampico stood the United
States, while it was occupied by their arms did depend
upon the laws of nations, but upon Constitution and
of Congress- The power of the President under which
Tampico and the State of Tanaupas conquered aud
held in su'ection, simply that Of military commander
prosecuting waged against public enemy by the
thoty OF his Government And the country from which
these goods imported invaded and subdued and
occupied the territory of foreign hostile nation por-
ton of Mexico and held in possession in order dis
tress and harass the enemy While it YVES occupied by
our troops they in enemys country and in their
the Inhabitants still. foreigners and enemies and
owed 10 the United States nothing than the submission
and obedience sometimes called temporary allegiance, which
s. due from conquered enemy when he surrenders
force which he unable to resist But the boundaries Of
Cnted States, they existed when was declared
against Mexico We're not extended by the conquest
could they be regulated by the varying incidents of war;
he enlarged or diminished the ames on either side ad-
vanced or eea'ed They remained unchanged Andevery
place which out of the limits Of the United States as
previously established by the political authorities Of the Gov
eminent, was still foreign did laws extend over il,
enpco was therefore, foreign port when this shipment
was made.
Again. there was act Of Congress esab shng CUSTOM
house Tampco, nor authorizing the appointment of COL
States authorized by law to grant the clearance and auheu
cafe the coasng manifest of the CARGO the direct
ed by law, where the voyage is from port of the United
States another The who acted in the character Of
collector in this instance acted such under the authority of
the military commanders and in obedience to his orders ard
the duties he exaced and the regulations he adopted were
those precrbedy law, but by the President his char
of Commander-inchef The custonhquse was csab
shed in euenys country Of the weapons Of war;
1t established rot for The purpose OF giving the people
States with other countries but of hostility
and part Of the mti,y operations in Mexico. II
mode OF exactng contributions from the enemy support
army, and intended also 10 cripple the resources Of Mesio
ties required to be paid reguasd with this view, and
nothing than contributions levied upon the enemy
which the usases Of war justified when army is operating
in the ebemy county. The permit and coang manifest
nv nd Inv