The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-08
IMpoRrAsr JuDIcIAL DEcrsIoS.
Supreme Court OF the United States.
DECEMBER Term, lS49.
Joseph Fleming and William A. Marshall, tradin
under the firm OF Fleming x Marshall,
plaintiffs,

DECEMBER TERM, lSf9.
Joseph Fleming and William A. Marshall, trading
under the firm OF Fleming & Marshall,
plaintiffs,
=,
49,, n -. f,sil..... r A.. ,r..,s.
ss' o, '.'o - '''e oH''so 9'o''e.
On a c6tyseas y d'oiSlon IN OPINION Cefioeen NE
yudgss y Me CneuH C0aI OF me United Sfales
Jof Hs Eastern DisHtct V FennsylUdnia
MIR. Chief Justice TAsEy delivered the opinion
OF the Court.
upon the construction of the act of Congress of July
80, 1916. The duties levied upon the cargo of the
schooner Catharine were the duties imposed by this
law upon goods imported from foreign country.
And il at the time of this shipment Tampico was
not foreign port, within the meaning OF the act
OF Congress, then the duties illegally charged,
and, having been paid under protest, the plaintiffs
would be entitled to recover in this action the
amount exacted by the collector.
The port of Tampico, at which the goods were
shipped, and the Mexican State of Tamaulipas, in
which il is situated, were undoubtedly at the time
of the shipment subject to the sovereignty and do
ininion of the United States. The Mexican author-
ties had been driven out, or had submitted to our
army and navy, and the country was in the excu-
sive and firm possession of the United States, and
governed by its military authorities acting under
the order of the President. But il does not follow
that II was part Of the United States, that it
ceased to be foreign country, in the sense in
which these words used in the acts of Congress
The country in question had been conquered in
tions are peaceful, and the power to declare war
was not conferred upon Congress for the purposes
Of aggression ACKNOWLEDGMENT, but to enable the
General Government to vindicate by arms, if il
should become necessary, its own rights and the
rights of its citizens A war, therefore, declared
by Congress can never be presumed to be waged
for the purpose of conquest the acquisition of ter
ritory; nor does the law declaring the war imply
authority to the President to enlarge the limits
of the United States by subiugating the enemy's
country. The United States, it is true, may ex-
tend its boundaries by conquest or treaty, and may
demand the cesson of territory the condition of
peace, order to indemnify its citizens for the in
juries they have suffered to reimburse the Gov
eminent for the expenses of the war. But this can
be done only by the treaty making power or the
Legislative authority and is not part of the power
conferred upon the President by the declaration Of
war. His duty and his power is purely military.
AS commander in-c chief he Is authorized to direct
the movements Of the naval and military forces
placed by law at his command, and to employ them
in the manner he may deem most efiectual to har
ass, and conquer, and subduc the enemy. He may
invade the hostile country, and subject it to the
sovereignty and authority Of the United States /;
but his conquess do not enlarge the boundaries of
this Union, nor extend the operation Of nstitu
tons and laws beyond the limits before assigned to
them by the Legislative power.
II is true that when Tampico had been captured,
and the State of Tamaulipas subjugated, other ma
tons were bound TO regard the country, while our
possession continued, the territory Of the United
States and to respect il such. For by the laws
and usages of nations conquest is valid title while
the victor maintains the exclusive possession of the
! conquered country. The citizens of no other ma
ton, therefore, had right to enter il without the
permission OF the American authorities; to hold
intercourse with its inhabitants; to trade with
| them. As regarded all other nations it was part
of the United States, and belonged to them as ex
clusively as the territory included in our estab
ished boundaries But yet 1t was not part of this
| Union. For every nation which acquires territory
by treaty conquest holds it according to its own
institutions and laws. And the relation in which
the port OF Tampco stood to the United States while
it was occupied by their arms, did not depend upon
the laws of nations, but upon our own Constitution
and acts of Congress. The power OF the President,
under which Tampico and the State OF Tamaulpas
were conquered and held In subsection, was simply
\ that OF a military commander, prosecuting war
waged against public enemy by the authority of
| his Government. And the country from which
| these goods were imported was invaded and sub
| dued, and occupied as the territory Of a foreign
hostile nation, portion of Mexico, and was held
| in possession in order to distress and harass the
enemy. While it was occupied by our troops they
were in an enemy's country, and not in their own
the inhabitants were still foreigners and enemies,
and owed to the United States nothing more than
the submission and obedience sometimes called tenn
| porary allegiance, which Is due from conquered
| enemy when he surrenders TO force which he is
unable to resist But the boundaries OF the United
States they existed when war was declared against
Mexico, were not extended by the conquest; nor
could they be regulated by the varying incidents OF
| war, and be enlarged or diminished as the armies
manned unchanged And every place which was
out OF the limits oil the United States as previously
established by the Ponucai authorizes oil the Gov
ernmcnt, was still foreign, nor did our laws extend
over IT. Iampico was, therefore, foreign port
when tins shipment was made
Again, there was no act oil Congress establishing
custom house al iampico, nor authonTlng the
appointment oil collector; and consequently there
was no officer OF the United States authorized by
law TO grant the clearance, and authenticate the
coastng manifest oil the cargo In the manner d.
rec ed by law, where the voyage Is from one port
| vi the United States TO another The person who
acted In the character oil collector IN TINS instance
acted as such under the authority OF the military
commander, and In obedience TO his orders; and
the duties he exacted, and tue regulations he
| adopted, were not those prescribed by law, but
by the President, In ms character OF Commander
in-chet The custom house was established In an
enemy's country as one OF the weapons OF war. IL
was cstabshcd not Tor the purpose oil giving to the
people OF Iamaulpas the dement's oil commerce with
the Uniteo States or with other countries but as
| measure oil hostility, and as part Oh the military
operations IN Mexico ~ was mode OF eaacung
contributions from the enemy TO support our army,
and intended also 10 cripple the resources OF Mexi