Year: 1862

We suppose that II Is not doubtful, upon
general principles Of public law, that it is com
petent for the United States to tax everything
imported into, or exported from, the Southern
States with which we are at war. And as our
power TO do so arises from the condition Of
war, and as the exercise of the power would be
military measure, II belongs to the President.
We had an example Of the kind in our war
with Mexico. President Polk, upon a report
OF the then Secretary Of the Treasury, (Mr.
Walker,) established tariff of duties at the
Mexican ports, which were collected by our
army officers and passed over to the military
chest. The amount so received was very large.
The principles upon which this was done
were afterwards thoroughly considered by the
highest judicial tribunals In this country, and
fully sustained, upon both points, of the right
as against Mexico to collect these duties, and
Of the right of the President TO impose them,
without legislation by Congress.


The great law of war subjects all property of
enemies, private as well as public, to the will
ofthe victor. II IL not common to exercise
this extreme right Of conquest, and generally it
is most impolitic as well as cruel to do so, but
that does not affect the existence of the right
itself.


As the greater includes the less, the victor,
who may take the whole of everything, may of
course take part only, and it is upon this
principle that war contributions are levied upon
captured towns. They are in the nature of
ransoms, and are mitigation of the more ex-
treme rights which belong to conquest. Much
Of ha
such of the enemy's commerce it may not
lie expedient to break up altogether.


II is hardly necessary, however, TO resort to
general reasoning upon this subject, for the
purpose of deducing the power Of the Presi-
dent in the premises, this Congress at its
very first (extra) session, in the summer Of
1861, expressly authorized him to regulate and
control trade with the nsurrectionary States at
his discretion.


We have always maintained that this au-
thority, so given TO the President by Congress,
and existing in him already without legislation,
ought to have been, and ought now to be, so
exercised as to bring into the public treasury
all the profits Of trade with the South. over
and above the ordinary commercial profits. or
in other words. thatthis trade should he taxed
as high as it will possibly bear, consistently
with permitting it at all. Very large and per
iectly legitimate revenues might be received by
this method, while great liabilities to abuses
and great actual abuses might he avoided.


Some Of the products of the region with
which we are at war, If not so entirely peculiar
TO it as TO be absolute monopolics, are so nearly
50 as to have risen enormously in price in the
RI. r. lao I,,,
up of the South, while they have fallen at the
place of production from the same cause. II
thus happens that cotton is worth ten times as
much in New York as il is In Charleston. 5.
&. The same thing is true of naval stores and
in less degree of tobacco. and was true ol
sugar before an outlet was opened for the
quantities stored in New Orleans. And on the
other hand, from the exhaustion within the
insurrectionary region, OF articles which it can.
not produce, the profit upon their Introduction
has become enormous.


Now, 80 far as il is proper to permit this
trade at all, who ought to reap the gains result,
ing from this anomalous condition of things
The Government, which represents the public, ol
private speculators who can manage to ge
permits from the subordinates of the Depart
ments here, or who follow along in the wake
of our armies, and can get favors from oul
generals, in the way of purchases, sales, or ia
cilities of transportation


1t is lately been reported that Gen. Curtis
has cleared three millions of dollars in Arkan-
sas, by cotton speculatons. We refer TO that
report, not because we believe a word of il so
far as he is concerned, but as showing the fact
!tf nl I,.
known to have been enormous upon the cotton
= obtained in the wake Of our military operations
in the Southwest. Indeed, il has been said
that the whole army in that quarter has been
demoralized by thesn speculations. Doubtless,
this is an exaggeratop, but there is manifestly
some foundation for IT,


What is said Of cotton, Is said of the sugar
stored at New Orleans, and the most incredible
figures are given by flying rumor, of the profits
made in that article by persons having facili-
lies of access to Gen. Butler and able to turn
their knowledge of what his military policy
would be from time to time, TO the account OF
their private mercantile operations.


If the peculiar products of the South are
admitted into our markets, the profit Of their
advanced price, as things are now managed,
enures to the benefit, either of the individuals
who are lucky enough TO get special official or
military facilities of trade, or of the rebels
themselves. The general fact is. we suppose,
that 1t is divided between the two classes. in
proportions varying according to circumstances.


Of the policy of permitting trade at all with
the insurrectionary region, or of the limits
within which ii ought to be confined, We have
nothing now to say. But so long as it is per
mitted, and within whatever limits. 1t ought TO
he taxed for the public benefit, and not left to
hc the subject of fayoritism liable to abuse
and certain TO give rise to scandals.


1t is too late in the day to stigmatize the tax
alton which we propose, as cruel and extreme
exercise of the war power. After the legislation
which is on our statute books, contiscating the
entire estates, real and personal, of whole
classes of rebels, it is idle to denounce as rigor-
Gus, the exercise of the power of taxation in Il
form which would not really compel ANYBODY
AT the South 10 pay single dollar Il is said
of our tariff taxes, that they are voluntarily
paid, because it is optional to consume i'm
ported articles or to let them alone. And in