The New York Herald Newspaper, January 5, 1849, Page 1

Pe a se Se THE NEW YORK HERALD. en re NO. 5328. PARTE CNGRESS, SECOND “asgion. Wasninaton, Jan. 3, 1849; Coldest day of the season. Large attendance of strangers at the \apirol, ° L . . . 7 TERMITORIAL LAND BILL. ase motion of Mr Buexse. the Senate took up pd titles to lands withia the New Mexioo, to grant do- hte, and to provide for the survey of public ‘4 therein. %sxc 1—Provides (as amended. or as proposed to be ‘amended by th» committer) for the apoolatmant of & surveyor georral, or register of lands, and » Feceiver of public moneys, who shall act conjointly as & board of commissioners, to adjudicate laed claims Within the territories of Catiformia and New Wexico. Trevides also that the salary of each of these thr oMMcers shail be $3.00 per anuum, and that they shalt Joeate their cffices at the dircretion of the President. ai ‘Ve the board. at $2 000 per annum. Provides for the appolatment of # secretary ‘Sec, 8—Speoifics the duties of the board, and ‘that their last cession shall terminate on the 20ta September, 1851, when the recretary shall forward toe Aecords of their Jaburs to the Secretary of the Trea- sury. Sxc 4—Defines the manner jn which land claim- ‘ante, under the Mexican us well as uuder the U.S. to lay thelr omsen before the bourd— and directs conflicting Spanwh and n claiins to be reported to the Scoretary of the ry. Sec. b—Commissioncrs empowered to call and ex- amine witnesses, impose fines and imprisouments, and ‘to Deve acces 10 uli necessary papers, for u full ii of claims; the board te decide no case: ger claims to be re- ported to the Treasury Drpartment for tht action of Venvaces at the board, and one dollar fer every twenty ‘miles travel, to be paid by the party summoning them. Buc, Specifies the forms in which the reports of the board are tobe rendered in to the Secretary of the Treat ra Bre. no Made to persons porsessing other land: Fy, and ho grants of this sort to be made of the mine- m ude See Provides for grants of 160 acres to free white d females of the United States, settling in territories before the year 1851; grants of land Ot 80 sores to chiluren born {a said verritories, or r-si- Gent there before 1861; tree white mates to cultivate thyir tract three years to seoure a patent; grants to be mited to citizens of the United States, and not to be made from the mineral Sec. 9, 10, 11, 12, 13- plain certain forms of law to be pursued by fu securing their lands to themreives or their heirs, or legal representatives; and further defines exceptions to be observed in the selec- ‘tion of the lands subjc ct to donation. Sze. 14--Provides for the survey of the mineral lands of said territories,and the location of existing private claims, Sxc. 15 and 16—Relate further to the surveys of the lands, rules to be observed in the work; and authorizes the mineral region after its survey, to be @ff-red fur rale in lets, in regalar order, &o. Sec. 17— Provides for a geologist aud assistants, Src. 18— Provides for the subsistence of the employees ‘Unger thisact, in California S8xc. 19—Appropriates for the current year, and for the fiscal year ending 30th June, 1650, For compensation of Surveyor Genvral, Regis- ter, Receiver, Geologist and Assistants, Se- eretary, Clerks. packers, laborers, ko. . , For surveying pubiio lands aud private c! in California and New Mexivo... Contingent expenses Total... .eesseee On motion of Mr. Busser, the bill and amendments Were read, and then, as it was understood that this day had been ret waived, for the prei measure. 1m the intervaito calling it up again. It wasa very im- ortant measure, and be recommended it to the attea- i of tbe Sepate. And The Senate went into executive session. House of Representatives. Wasuinoton, Jaquary 8, 1848, Mr. Rocxwatt, of Connecticut, offered # resolation, that, in two hours, the debate shall cease on the bill to establish a bosrd of commissioners for the settlement Of claims. ‘Chis was opposed, on the ground thst fail @o1 ition should be g! to @ measure of such in; ce, and that one or two days did not afford sofficient time for its discussion. The resolution, on ‘the motion of Mr. Venable, was laid upon the table. CONSTICUTIONAL PRIVILEGE—THE RIGHT OF MEMBERS, The Srxaxen was about to proceed to call the States for petitions, when Mr. Hunt suggested, that there were several Senate fe - borg Speaker's table, whish ought now to be nud of. ‘be Sreaxen enid, that these bills, and @ message from the President of the United Sgates (in reply to a resolution of the House with reference to the collection of duties at the Mextcan ports daring the war,) would be taken up by general consent Objection was mado by several gentlemen. Mr. Stanton, of Tennessee—Then | desire to make ® question of order—whether | cannot call for the read- ing of mearage at this time? I dosign to say one word upon the su! it. By the constitution, it is made the duty of the President of the United States to communicate information on the state of the Union to Congress. | presume, as it is made his constitutional duty to communicate to Congress, it is clearly tae duty of Congress to listen to the information, and to.receive it. Now, Sir, during the time that you have ocoupied that chair, at the last session, ® meseage from the President, of an important ebaracter, lay on your table for weeks and months together. I do not speak of the respect due to the President on the eption of the message, ‘Dut I speak ofthe privilege of each member of the House ; and I believe that it is the constitutional pri- ‘vilege of every member te know what is tbe informe. tion communicated by the President. Now, | em @ware that ove of the ru! order of proceedings. aud! am aware of the opinion entertained by zou ‘of the character of the rule; but [ imagine that the President, notwithstanding, would have the right to come to this House, and make the eemmunication, and | apprehend that it is not in the wer of either House to refuse to hear the President, Ps Delteve that it was’ formerly the custom of the I’resi- dent tocome in person with his annual message, to ne or to both Houses of Congress, and Mr. Jefferson ‘was the first to rond awritten message to Congress, giving bis reasons for doing so, And now, I ask itd e President sbould come here in person to give in- formation on the state of the Union, whether it would be considered in consonance with the constitution for him to doro, ther the House would hav pore te put the President off from day to oy: month to month? | know of no clause conetituiion which requires him te make communica- this House, except that whieh requires him from time to time, to give information on t! ate of the Union. I ask, what will be entered on in scoordance with the ? ene age Of the President is te be spread on the journal. Ib was received yosterday, and is dated yesterday. Will the journal state that a mecsage was r-ceived, without to pformation, or willit state, weeks hence, thata age was reovlved from him? 1 believe, ij 1am mot Mistaken, that this has not been the case in relation to Exeoutive communications under for. mer Speakers. I believe that on all occasions they. laid them fore the House. Now, 1 ask, bow do the President’s communications get on thetable? How do they come there? There is mo rule or order to place them there. it seems to me ‘that 20 s00n as & mesnage is received from the Presi- dent, it is duty of the Speaker to lay it before the Houre-cpenly to present it to the Hoare. Bat can this be done, when it is retained privately in hhends of the Speaker! ‘be rule which prescribes th order im whion the business shall be‘taxen up by the House, provides that the fir-t shall be the messages and the otber Executive communications. | presume ‘thet the rule refers to communications of this sort, af- ter they bave been laid before the House, and are reg- wlerly om the Speaker's table. I do not see how the President can. in pursuance of this, make a commiani- gation to the House uniess it be received by the House. eis not e communication until it is in the possession of the Hunce; and it seems to me that the constitution overrides every rule of the House. You decided, at this session, that, although « rule requires every motion for the printing of documents to be referred to the Print- ing mittee, feference need not be made in fmm eed with sattones petviiog’ i it with re- e constitutional privil teosive whieh the Pre: it fosteat As 8 representa- constitution, | demand te . 1 hope experience of the rules have sometbi: t onthe Jam in error, nse than myself, will to say with regard to this matter. shall submit, as { will be obliged to do. ratood that the ot the Presi- as it is resented to the hasdone so. The 27th rule pro- \t “after one hour shall have been devoted to committees resol ation: proper ‘n in consequence of the sotion of the On the last Cad Of the last cession. the Grenker tered 10 lay before tbe House a momage from President, (giving his reasons ‘or signing tue Ore- bill.) but he war not permitted to do so ; the Rouse calling the yeas and pays om the subject Speake: eited o case amalagons te les of thie s10u99 describes the | PS the lest session, am appeal was } of the 7th of December, airs to. taken from the decirion of the chair.and the cha wor surtained. Mr. Stas rox—Allow me to ask, ifthe Peasident were to appear ip person to make commuaicstioa to the Hou-e, would it consider itelf bound to receive the communication, under the constitution ? ‘he Srkakrn was understood to aay that, in sue) a fare. the presiding It would be occupied by the President. The question was then stated on the appeal ef Mr. Staxvton from the decision of the chair, wiea tC J Ixcenso.e appealed to chat geatl withdraw the appeal, as the House on # for: tiow made a decision on ar poietof order. fne queetion was very important, and there was not now an cppoitunity for debating it Mr S1asvos—I withdraw the appeal, as but little at- tention is paid to the subject UND: Various petitions were presented, and repopts made from: the several tanding committees, Me. J R In S01, trom the Committees on the Ju- diciary, reported a reselution, sutuorising tae Ulerk of the Houre to purchase Hickey’s authentis pudlicacion of the Constitution aod Anslysis—the eame auiader of copies (30.000) as ordered by the Seuate—to be distxibuted by the members to pubiic libraries, col- leges, ete. Mr. Jones.ot Tennesree. opposed the passage of the resolution. He was not willing to rqusader cae peo. ple’s proney, and thus epcourage oxtravagance. Mr. Buooweav thought that Coazress had pur- chared books enough, and moved to lay the resolution on the tabie The moiion was agreed to—yeas 125, nays 48, EW MEXICO Mr.C, B. Smit, from the Committee on the Terri- tories. reported & bill to estabiich « territorial govera- ment for New Mexico, (exciuding slavery) whicu was Tead twice, and referred to the Committee of tae Whole on the State of the Union Mr Piitepuay, of Texas, remarked that he was de- cldedly against the dismemberment of that State, and acked leave to present @ minority report, and that it be printed. Mr C, B. Sout said that the committee had deomed it proper to report @ bill without accompanying it with a report with regard to the boundaries (which che biil defines—the old Mexican line), He understood that the gentlemau presented # minority report, Tne question was, whether tt ooail by received The Sreaxen remarked that the minority could make # sta°ement, but not # report, ‘Mr, Bunt begged leave to say, in reply to the remarks of Mr. Smitb, that he tid art made by the minoricy waa the only form in which they could express their opt nionr; and he appealed to the oldest members of tue Houte to bear him witness that, in no solitary oas ee @ peper offered by a minority been refused by the jouse. Mr. Smitn desired to ray that he did not mean to be understood as making an vbjeotion to the minority re- rt; he bad merely stated the fact that the majority ad simply reported the bill, [i the House shuuid ac- cept the fai & report. he would have no objectio: Mr. Buat—I know nothing of the merits of thi paper. +E Oo3a- ‘be SrraxeR—If there be no objection, the report will be received, Mr. Buat—I trust that there will be none, sir. 4 GOVERNMENT FOR THY MORMONS e: tion, instructing them to iuquire into the exp-dieavy of reporting a bill te eetublish « territorial government for the Mormons retiding on Salt Lake, in Calforni were, on motion, discharged from the further conside- ration of the subject. THE PUBLIC PRINTING, Mr. C. B. Smit offered @ resolution, which was read for information, repealing the joint resolution directing the manner of exesuting tie printing of Congress * were other objections interposed in various paris of the hall. MA, GREELEY AGAIN AT WORK—HIS RESOLUTION CALL- ING FOR INFORMATION ABOUT THE TARIFF oF 1846. beter weeks ago Mr. Greeley offered the following reroiution, viz:— Resolved, That the Secretary of the Treasury bo, and he hereby is, reques.ed te communicate to this House, ff 4 Communica: fon be net in bis judgimens incompatible with the pub in Latorest, thecouaiderationsot equity oF fal © polioy which justify tae ax srrment by the tarit! of 184, on woollen biaukets, flannels, ee ge pempen cables, Cordage, and several ouner de- ‘cent lower than are staged paana, principal tow tasseriet ve irom which they are res} bricated, and, i€ the sume be not justined as aforeauic, whee action of ‘Congress tion thereto isdeemed by him demrabio. cage ‘This resvlution to-day, came up for consideration, as unfinished business; and then something similar to what follows, transpited. We were not ins position to Soy with distinctness, and hence the caution ob- served. Mr, Wentwortn (on the side of the hall opposite to Mr. Greeley) I am opposed to this resolution. It calls upon the Secretar, of the Treasury to know why Congress passed the tariff law of 1646, I move to lay it on the table. Mr. Grextey.—I ask the gentleman to withdraw the motion for a few minutes. Mr. Wentwoutm—It you will renew it, Mr. Geeerxy—I will, Mr. Wentwortn—Go ahead. Mr. Guervey wae framed in a Seoretary of the Treasury. He arranged the detulis Mr. Wentwontn—The chairman of the Committee of Ways and Means repo: bill, and you heve No right to say that he was dictated toby the Secre- tary of the Treasury. iY. Gkrxtey—The chairman of the Committee of ‘Ways end Meane jp not now chairman. (Laughter.) Mr. Wentwortn—You know what I mean (ia! hs! and even the Speaker smile: Mr. Grreixy—The call is not om the former chair- man (Mr. M’Kay) but on the Secretary of the Tres. sury. (Ha! ha! ha!) I think that the resolution is perfectly im order. 1 will renew the motion if the gentleman wishes it. Mr. Wentwoutn—I bave no objection to give the gentieman an opportunity to obtaia information, nor ‘to call for it from the head of any bureau; but the gentleman hae no right to ray that the Seoretary of the Treasury dictated the tariff bill, and he has no right to sey thatthe chairman of the Committee of ‘Ways and Means took it from the Seoretary. Mr. Hust (on Mr. Greeley’s ide of the hall)—Did not the Secretary ofthe Treasury prepare that bill? Mr. Wentwoutn—I don’t know anything about that. 1 know tbat | voted for it. Mr. Hurt—it is in the memory of those who were bere ip 1646 that the bill was prepared by the Secre- tary of the ‘trenevry, Mr. Wertwoxtn—The bill was altered by the Com- mittee of Ways and Means; but I am opposed to tho resolution, because it is respectful to the Secretary of the Treae le, Ifthe ntlenan resolution, I will have no ob- fection but 20 long as he intimates, or says, 4 the li was dictated by the Secretury of the Treasury, I ‘will obj; et it be read again. The Cierk read it. Mr, WentwortH—I move to lay it on the table. Mr. Gaxeney— Yeas and Nays. They were taken, a1 87, refused to isy the resolution on the table. Mr. Gareezy proposed to amend the resolution, by striking out the words “ if not incompatible with the public interests.”” Mr. Botts suggested an amendment, to which ‘The Sreaxen coplied that it was not usual to direct rt. f RATIONS, Mr, Fick. offered an amendment—that Abbott Lawrenee be requested to intorm the House what mo- tives of pubiic interest justified the establishment of minimums end specifics in the tariff act of 1842, by the 3 operation of which e square yard of cotton goods that cost five cents was taxed as high as twenty ounte, ende yard of silk worth = cents was texed as high as 8 yard of silk worth two dollars. (Ha! ba! The Sreaxen—This is not in order. Mr. Fickxtin—Well, I’) alter it, and make th the President of the United States. (Ha!. bs !” 7) The Sreaxan—The House will cometo order. (The buszing of voices in some degree subsided.) Mr. Meniy—I have an amendment. Thedrcaxca—Pieace send it up to the clerk’s table. Mr Hevty—The olerk will take. it down im writing: “Resolved, That he also be requested to inquire and communicate the causes that produced a reduction of the wages of the operatives in the: manufactories at Lowell.’ [“That’s right; “Go it;’" “Fie! ha!. he! Mr. Bowiin—I rise tos question of order; the reso- lution calls on the head ‘ofa department for motives concert! legislative act.’ It-is uet @ proper sub- ject for onrideration of‘this body’. The Sreaksa—The poiut of ordee oaght to have been raiced when the resolution was introduced. It is pow beyond the power of the Speaker to iaterpose— it is with the House. Mr Gates put in a word, understood to be a de- mand for the previous question. At the request of Mr. McKay, the reroiution was again read. Mr, Wentwo Ie the pon question oa eon- fi Mr. Hovston, of Alabama—Is it too Inte to object, that the resciution may lie over one day? ‘nae Srraxen—The resolution bas been lying over a igh Mr. Hoveron—The amendment of the gentleman from Illinois does not change the state of the case. The Sreaxen—It does n A motion was now made to lay the resolution upon the table and prevalied—ayes 88, nays 53. PUNISHING THE ERKMY.—COLLECTING DUTIES Im MEXI- €O.—THE BIRCUTIVE’S DEFENCE ‘The Sreaxen, on motion of Mr. Stanton, laid before the House the followivg message from the Président of the United States, in answer tos resolution of the 16th of December, calling for the law or the provision of the Cometitution, wach authorised the Secretary of the Treasury to put in force a tariff of duties in the rts of Mexiov during the war, eto; in whien the ‘resident justifies his conduct, appealing to the right of conquest and the laws of war, otates his views at length, Te the House of Representatives of the United States the 18th of Deoe tery ef the I'reasury, wil foveal”? of the President, established tarit ities im the ports ot the Mexican repubite”’ - hat legal, consti the revenue thus de the au in Mexieo,”” ir the <# of the 10th of February, 1848. responding to a body, « copy of which is herewith comma. nd to = mersage to the House of Repre- of the 2ith of July, 1848, responding to a House. ‘The resolution astumes that the Seoretary of the etablished # taritf of duttes in the ports of wpublic ? The contributions collected Were not established by the Secretary of the Treseury, but by a military order issued by the President through the War and Navy Departusats, For bis information the President directed the Seorw- Lary of the Treasury to prepare and repert to him @ scale of duties, That repert was made, aod the Pre-i- dens wiltary order of the 3ist 109, L847 was Daved upon it The documents commanicated to Coagress wi b my anoual mesrage of December, 1d47, show the true character of that order. The aucherity under which military contributions Were exacted and collected from the enemy, aad ap- plied to the eupport of our army during the wac wita Mexico, was stated in the several mossages referced to. In the first of these messages, | informed Coazress thet * on the Slot of Maren last, | caased an order to be istued to our military wod paval commaaders to levy and collect & military contribution upoa all ves- tele snd merchandice which might enter any of the ports of Mrsicoin our military vcoupatian and to ap- ply such contributions towards detraying the expenses ofthe war. “ By virtue of the right of conquest and the lavs of war, the conqueror, oousulting his own safecy or oon YVenienve, way either exclude foreiga commerce sito gether fiom all euct ports, or permit i¢ up om sucn terns &nA conditions as he may prescribe. Before tne pria- cipal ports of Mexico were blockaded by our navy, the YeVenue derived from impert duties under the laws of Mexico, was paidinto the Mexican treasury. After there ports had fal.en into our military posyession. the bicckade was raired and commerce with them permit. ted upow prescribed terms and conditions. They were opened te the trade of all mations upon the paymuas of duties wore moderate in their amouat than those woisn had been previourly levied by Viextod, aad the rav-auy which war formerly paid into the Mexican treasury, #48 directed to be collected by our military and naval off cers. and applied to the ure of our army wad navy.— Cure was taken that the officers sold ers, and satlorsof our ermy end navy sbou'd be exempted trom the ops: rations of the order; aud as the merchandise imported, vpon which the order operated, mut be coasuned by Mexican citizens, the contributions exastet wers, in effeot. the svizure of the public revenues of Mexico ny the application of them to our own w la direoting this measure, the ebject waa to compel the enemy to contribute, as far as practicable, towards the expenses of the wi It was airo stated in that message, that ‘‘ measures have recently been adopted, by which the internal as wellas external reve of Mexteo, in all places in our mijitary ocoapation, will be seized and appro Priated to the ure of our army and navy “ The policy of levying upon tae enemy contribu- tivns in every form consistently with the jaws of na- tions, which’ it may be practicable for our military commanders to adopt, should, in my jadgmeat, b+ rigidly enforced, aud orders to this eff-ct have accord- ingly beem given. By such @ policy, at the same time that our own tressury will be relieved from a heavy Grain, the Mexican people will be mad; to f-el the bur- dens of the war, and, consulting their own interests, may be inouced the more readily to require their rulurs to accede to ajust pence.” 4 In the sawe meseage, 1 informed Conzrers that ths amount of the loan which would be required for tne further prorecution cf the war, might be * reduced by whatever amount of expenditure cna be saved by mili tary contributions collected in Mexieo;” and that‘ the most rigorous measures for the sugmentation of there contributions have been directed, and @ very oon- siderabie sum is ied from that source.” Th Secretary of the Tre: . in his anoval report of tha year, in making his estimate of the saouat of loan which will probably be required, reduced the sum in ideraticn of the amouut which would probably be derived from there coutributious, and Congress aatho- rized the loan upon this reduced estimate. Inthe mes- rage of the 10:h of February, 1848, to the Senate, it was stated that No principie is better establivned than that s mation at war has the right of shifting the bar- den off iteelf and imposing it ou the ewemy, by exact- ing military contributiens, Toe mode of making such exactions must be left to the discretion of the conqueror; but it should be exercised in a manner contormable to the rules of civilized warfare Tae right to levy these contributions is essential to the successful prosecution of war in an enemy’s country; end the tice of nations has been in asccrdance with this principle. It is as clearly necessary as the right to fight battles, and its exercise 1s often esseatial to the subsistence of the army. Entertaining no Goubt that the military right vo exude commeres altogether from the portsof the ememy in our military Occupation included the minor right of admitting it Dnder prescribed conditions, it became an important question, at the date of the order, whether there should be @ discrimination between versels and cargoes be longing to citizens of the United S'ates, aad vessels and cargoes belouginy to neutral nations.” In the meraage to the House of Represontatives of the 24th of July, 1848, it was stated that “it is (rom the frame source of authority that we derive the unqies- tioned nght, after the war has been declared by Con- gteas,to blockade the ports and coasts of the enemy, to capture his towns, cities aud provinces, aud to levy contributions upon him for the support of oar army. Of the same character with these is the right to sunject to our temporary military government the conquered territories of our enemy. They are all belligerent righte, amd their exercire is an tial to the success. iy Er jecution of @ foreign war es the right to fight ttles.?? By the constitution, the power “to declare war’ is vested in Congress; and by the same instrument it {s provided that “the President al be commanier-in- obief of the army and navy of that “he shall take care that the laws be faichfally executed.” When Congress bave exerted their power by de- claring war aguinsts foreign nation, it is the duty of the President to prosecute it. The constitution has preroribed no particular mode in which he shall per- form this duty. ‘The wanner of conducting the war is not defined by the constitution. t, hase well- ong nations, That mesning ie derived from the laws of mations, » code which is civilized powersas being obiigatory of war. The power is derived from the con- stitution, and the manner of exercising it is reguiat- ed by the laws of nations, When Congress haze de- clared war, they, in effect, make it the duty of the Prerident, in prosecuting it by land and sea. to resort to all the m and to exercise all the powers and rights which ier ‘at War possess. ie je invested with the same power in this respect a6 if be wore persorai'y present, commending our fleets by sen, or our armies by land. He mey conduct the war by issuing orders for fighting batters, besieg- ing and capturing cities, conquering and boiding the provinces of th« omy, or by capturing hia vesselanad other property je bigh seas, Bat only modes of proreculing by the Jaws of nations, and to which he to resort. Th of contributioas on is @ right of war, well establisued, and universally knowledged among nations, and one which every bel- ligerent, postessing the ability may properly exerciay, The wort approved writers on public law admit aad vindicate (bis right as consonant with reason, justios, EI “ |. and humanit No principle is better established than thst “we have aright to deprive our enemy of his possessions, of everything which may augment bis streng+h and en- able him to make war. This 'y one endeavors to secomplis! the manner mest suitable to hi Whene Opportunity we seize on enemy's pr d convert if to our own use thus, besides diminishing the onemy’s power, we aug- ment our own, and cbtain at least » partisi indemni: cation or equivalent, either for what constitutes tl subject of war, or for the expenses aod loss incurred in its prosecution; in a word, ws do oar- tice.” “Instead of the oustum of pillagin; (try aud defencelers pisces,” tho levy o! bas been “substituted.” “ Whoever carries on & just war, bac @ right to make tho eaemy’s contribute to the aupport of his army, and defraying the ebarges of the war. Tau: he obtains a part of what is dae to him; and the enemy's subjects, by consenting to pay the sum dem 1) have their groperty seourted from piliage, aad he country is preserved ’? These principles, it is believed, are uncontroverted by any civilised nation in modern times. Th blic law of nations, by which they are recognised, bas been held by our highest judicial tribunal, ase code which is bg ee to our: seus. tion” in a.state of war, aud binding on the United in sdmiralty and maritime oases, it is ning rule. [t 1s in » just war ti the my”? was just on the part of the Wnited States, | did; not hesitate, when charged by the copetitution with its prosecut to exercise & Oe other natio power bad rolsed at tha com- mencement of their first session thereafter. Upon the declaration of war against Mexico, byCon- Grers, the United Ste es ware entitied to ail the rignts which any other Daticn at war would have possessed. ‘There rights could only be demanded and entoresd by the President, whose duty it was, as ‘commander-in- chief of the army and navy of the United states,” te exeoute the law of Congress which deciared:the war In the act declaring war, Congress provided for rais- ing mea and money to enable the Presidunt ‘to prose- oute it tos \y and succesrful termination’ Con- reese presori! no mode of conducting it, bat left the President to prosecute it according to the of ne tions, as his guide, Indeed, it would have beeo practicable fur Congress to have provided for details of » campaign. The mode of levyingZeontribation« must necessarily be left to the diseret bj ia the jueror, Tue Nattor mode was adopted the oo by the colleet! of duties im the porta of Mexioo in our aoe, occupation during the late war with that "fo well establiched te the military right to de thie under the laws of nations, that our tary and meval cficers, commanding our forces on the theatrs of war, acopted the mode of levying contriputions from the epemy, before the order of the President of the Sict of March, 1847, was issued. The general in co: wand of the army at Vera Cruz upon bis own view of his powere and dutior, ers to that eflect, im that city adopted this mode of March, 1847. he of Representat derate tarff of d Such a tariff collected aud spplied to the uses of our ermy, By his order of the 28:b ed to the Hoare Ata +till cartier period the same power was exercised by the Daval cfticers in command of our squadron on the Pa- cific court Not doubting the authority to resort to this mode, the order of the 3ist of Ma 1847, was issusd, aud Was, ip effect, but a moditication of the previous or- Gere of these officers, by making the rates f coatriba- Uo unifcrm, and directing their collestion in all the ports of the enemy in our military osoupation and Under our temporary military gevernmeat, ‘The mght 10 levy contributions on the eaemy in the fora: of import and export duties in his ports, was ranc- toned by Ube treaty of peace with Mexioo. By tnut irew'y, both governments recognised und confirmed the exercise of that mht. By its provisions “ the cus Om. houses at ail ports occupied by the forves of the United state? were, upom the exobange of racidos tions, to be delivered up to the Mexican authorities, “togetber with ail bonus and evideaces of debt tor duvies on importations and exporcacions not yet failen due; gud* all duties om imvorts and on exporce coliceted gt euch custou-nousss or elsewhere in Mexteo by authority of the United States,” before Ube ratification of the treaty by the Mexioun govera- Ment were to be retuiwed by the United States, and only the net amount of duties collected after thir period was to be + delivered to the Mexioun gov- erpmwent”? By its provisions, alo, all merchandise ‘‘imperted previously to the restoration of the cus- tom-housrs tu the Mexican authorities.” or“ exported 110m avy Mexican port whilst in the occupation cf tne forces of the United States,” was protected from coubseaton, aud from the payment of any import or /xport duties to the Mexici vern@ent, even al- though the importation ef such werorsndise * be pro- bibitea by the Mexican tariff”? I'he treaty also pro- Vides that, should the custom-hounes be surreadered to the Mexicau authoriti the date of tts og mi Gist imposed by U (oO survive the war unt'i the end of this period; " in the mean %, Mexican custom house officers P were bound to levy no other duties thereou * than the Quties eetublisbed by the tariff found in force at such custom-houres at the time of the rest same,’”? ‘The * tariff found in force at such customs houses,” which i# recognised and sustained by this Stipulation, was that established by the military order of the Sist of Mareb, 1847, us a mode pf levyiog and collecting military contrroutions from the enemy. The right to dicckads the ports and coasts of the enemy in wer is no more provided for or presoribad by the constitution than the right to levy sad collect ibutious from him im the form of duties, or oth. erwise; and yet it bes not beem questioned that the Prevident bad the power, afier war hud been deoiared by Congrers, to order our navy to blockade the ports and ovussts of Moxico, The right im both ca-es exits Under the Jawa of nations. If the President cannot order military contributions to be coliscted without @u aot of Congress, for the same reason he cannot or- der @ blockade; nor cau he direct the enemy's veeels Ww be captered on the high seas; nor can he order our military and to invade the enemy’s county, conquer, hold, and subject to our military government Lis cities and provinces; nor can he give to our miutery aod naval commanders orders to per- 1urm mupy ctiler actus essential to success in war. If, when the city of Mexico was captured, the com- DiaLder of our forces hud found in the Mexican trea- sury pubic money which the enemy bad provided to support bis army, oan ic be doubdwd that be possessed the right to eeize and appropriate it for the use of our own ermy? If the money captured from the enemy could have Deen thur lawfully seized and appropriaved, ic would have been by virture of the laws of war, reooguired oy ull civilized notions; aud ny the rame authority the fovrces of revenue and of supply of the eavmy muy be cut off from him, whereby he may be weakened aud clippled in bis means of continuing or wag ng the war. It the commanders vf our forces, while acting under the ordere of the President, in the heart of the enemy's country, and surrounded by @ hostile popu- Jalon, poseess Done Of there eseential and indispoure bie powers of war, but must halt the army atevery Step of ite progress, and wait for an act of Congress to be passed to authorize them to do that which every otter mation has tbe sight to do by virtue of the laws of ations, then, indeed, 1s the government of the United Stuies 1m & congition of unbecility and Which must in ali future time reader it imp provecute # foreigm war in an enemy’s country suc- erfully. oF to vindicate the national rights and the wB'ional bovor by war. Tre coniribut} usievird were co'lected in the enemy's country. abd were oraered to be * applied” in the enemy's country “towards defraying the expennen of the war,” wud the appropriations made by Congress for that purpore were thus relieved, balances remained undrawn from t! unt of cent:ibutious remaining unexpended at ti close of the war, as fe the accounts of collecting and diebursing 7 been se'tled, have beon patd into the tressury, in pursuance ofan order for that pur- pose, except the sum * applied towards the paymout of the first insteiment due unger the treaty with Qs stated in my leat ‘nual measage, for whic! ap- propristion bad been made by Congress. The accouats of some of these officers, ar stated in the report of the of Wer accompanying that message, will re- quire legi»lation before they can be fioaily settled. In the late war with Mexico, itis confidently believed utions, and the seizure of the upon which the enemy relied to enable him to continue the war, essentially contri- buted to hasten peace, By those means the government ple of Mexico were made to teel the pressure of nd to realize that if it was protracted, ite Pitaecky and inconveniencies must be borne by them- eely N withstanding the great success of our arms, it may well be doubted whether an honorable peace would Jet beve been obtained, but for the very contributions which were exacted, JAMES K. POLK. Washington, January 2, 1849. After the metsage was read, Mr. Toomss raid that the arguments contained there- in involved extraordinary propositions, dangerous to ovr form of government, and tberefore he moved that it be reserred to lect committee. bj sideration; but he did not subscribe to the men’s remarks M age asserted princl- ples entirely n nd unwarranted in previous/his- tory; therefore, he did not think that it sould go out to the public without a remark ortwo, As woilashe understood the mersage, it proceeds on two assump- tions: fret, that in a state of war, the Presideat has ® right to levy military contributions. No one he presumed, disputed tais; and, in th xt place, that the conqueror of « portion of the enemy’s coun- try has right to prescribe sach laws and regulations as he pleases. Now, thea, as to the first, there was, he Tepeated, no dispute, but the question presented it- self, what are military contrioutions? A military oom tribution, if he understood it, 1s @ substitute, or me Horaticn, which in modern times takes the place of plonder, which was justified by the laws of war. The Tight of war originally the right to plunder tae enemy We have, there ‘@ right to levy militery contributions on those, and those only, on whom we We have e right to plunder th people But here, under the plea of exercising the right of contribution, or of plus. der, you tay you bave the right to levy duties on oo: merce? on the commerce of neu- property? It is too plain where that the Executive has mo right to der or levy contributions citizen thi I will speak of the soverzment ese sovervign about. or conqueror. Mr. C. J. Incensori—I did not mean to say enyshing at present | merely wish to intimate that | do not subse’ ibe to the argument of the gextieman from attention to the clause of the constitution, end has been passed on by the Supreme Court of the United States; that is to sey the eighth section of the firet article of the constitution, Congress has power to declare war, gravt lesters of marque and re- I, and make rules concerniog captures on land and water. | have no doubt of the right to levy con- tributions, but can you raise money im this way, aad Giepore of 1t afterwards? Mr. Vintow said that he was speaking of what the Executive/ba- the right to do, Tne Executive, as the commander-in chief of the army and navy, (for on this basis he places his argument) hase right to levy military contributions om the property of the enemy. the assumption in virtue of his power as the com: der of the American atmy, the question atisee, oD WLom may military contributions be levied ? It Is done under the form of law enacted by the Presi. dent, When the commender of ti of property to be Yt [+ Bae lt power to levyte the question arires in & monarobi- cal levy contri as to the nature of t, as the legisiative power Duty om eommerc commerce. it is with Congress, exvcutive department of the gover sider, it ie apprre: Bo One can mistake, if the dent, as Miltery commander. execs duties in country, heean do anything he picases that he would bave the right to negotiate @ treaty of peace, and not the j 6 follows, as a matter of course, that he is a despot, for exerelsing the power ; and be may carry on the war in spite of the will of the Lation—in epite of Congress The appropriations, for ‘2 Himited time for the support of the army, area re striction on the execu: But what avail ix the re- ttriction whevever the portion of the enemy ry. 08m tributions, and disburse them Wwithont the femt of Congress. If be cannet levy contri- butions without the consent of Congress, it will follew, a8 @ con that the monsys thi raised con Only be disbursed by satbority of Congre: The President has ratsed the money without the au- thority of Con; aod disbersed it without toe au. therity of Con From the moment he (Mr Vin- top) first saw th which was issued. fatirfied that it wi unoonatitutional order. bad no doubt that any persons on whom the levy Made (citizens of the United States or neutrals,) and bo tubmitted to the exaction, would bring suit agaipat the agent who collected the money, or against the President, who ordered it to be paid. A RESPONSE. Mr. Stanton presumed that the gentleman would Bot deny that the President is the commander iu ebief of the army and navy, and that on taking pos- texe\on O! the seaports of Mexico would have beea bound, asthe representative of this goverument, as the head of the army, to collect, by means of agents, the revenue of the government of Mexico at taese perts Suppose the Mexican goverament levies a duty of tive dollars em a barrel of flour, the commander of the American army might, if he thought proper, ex- clud+ every barre! of flour; but he has the discretion to permit them to enter, If he did so, he could ap point «ficers of the customs to collect the revenue, If it be bis duty to seize the revenue of the Mexican government, he might, without @ breach of duty, say be would take only two dollars and fifty cents as a duty on each barrel of flour, Mr ©. J Inceusou.—W hat will he do with the mo- ney when he gets i? Mr. Siani0on— 7 bat is a different question, Mr. !nc.ns011,—By the laws of war tha President is empowered to distress the enemy by all mauner of means By alaw of Congress, the President wus au- thcrized to prorecute the war to an honorable conclu- He rion, For that purpose, without referencs to the laws +f vations, we know what ought to be dons, Woen property is takem, it is at once, without sayiog what 16 10 be done with it What is the doctrine of the Jaws of prizes gpd captur that Congress must ney. Afier the the money aud epends it witbout the grers, be may carry Mr Stanton resumed, that the Preside ot had not acted contrary « President bad bad very strong support ia atter from the silence of both fi gives, from the beginning to the close of the wae. (Ob Lo; LO, no) It is truea resolution of inquiry was oflored, but at no time pressed by the House At no time did any gentieman propose to regulate, render the clanee ef the constitution, or in any other way define the power to exercise this duty by the Pre- sient. Mr. Vintron—The gentlem: tates that it was ac- quierordin Last session the subject was referred to & committee of the House, to inquire into the auther!- ty of the President to Jevy taxes and to disburse the mency. During last eertion, the War Department rept a communication to the Commitcwe of Ways and Means, asking for the adoption of some law by which cfficers could settle their accounts The committee, however, refured to act upon the subjeot; they refused to extend any relief viewing, as a majority of them did the act of the Executive as au usurpation, Mr. Stanr Yhen, by the admission of the gen- teman, | ba im in the position where stand. it was an Exeout usurpation, he rays, yet he did not open his lips, and did not bring forward any esrure to save the constitution and laws from violation. As to the legality of these coatribu- tions, I do not underetand that any case can be mude such as the gentleman from Pennsylvania (Mr, Ingerso}l) started a: to disbursement. As to the legality of the contribution, [ say my position is utter- ly unaseatlabie; it was the President's duty to seize the revenue of the Mexican government; and then, the only complaint sgainst the Prerident is, that he bas pot taken enough from our citizens, and ueutrals, aud Mexicans, Mr Corramen remarked that this eould be done by the government, but not by the Executive. Mr Staston—The gevernment has the right to raise revenue of the Mexican government; the com- wander-in-obief of the army and navy takes .posses- sion. What isto be done with the revenue? Was it not bie Guty to collect it before Congress passed a law telling him to doit? Does the gentieman deny thatit ‘Was the duty of the commander-in-chief to make the collections? Mr. Co.tamxn—I certainly deny that.’ Mr Scurxcx—is it a fact that the President has seized on the revenue of Mexico? Has he not abolish- ed tbe revenue jtem of revenue in piace of them Mr Stanion —I cumbent on thon maintain the con take it for granted to be done with the mo- ow perfectly well that it is in- utlemen to de: ordur to that the office: 9 socord- ing to the laws of wasy but if you consult the | Bations, and tbe authorities admitted in an tim will find ubat it is the duty of every commanding cer to do precisely what the President has don it to the gecd sense of every lawyer, and every #1 man, whether the ofiver should permitted com- merce to go on without the payment of any duties? ‘bat wouid have been relief to the Mexicans from difi- a nus. Mr enquiry, which we did not hear with distinccm Mr. Stanton noth the remark of Mr. Vinton, that the President bad le contributions on citi- enc neutrals improperly. Notso; he clude both. It was competent to bloc the porte, instead of opening them to the commerce of all nations. If he canexciude commerce, he can admit it without duties, if he choose to do so, or admit them on the payment of duties. Mr Vinton.—After the capture of Vera Crus, was the money to be left to go into the Mexican treasury ? Was it nct ours? Mr Sranton.—Ah! if it wasours, it was the duty of the Prerident to receive and take care of it. How could the President justify himself before the country if he bad not done so? sree Vinton.—Taxos were imposed on our own citizens. Mr Sranton.—This commerce was permitted to go beyond ourowncountry. It was seizing that which, by the chances of war, became ours; and, by the ad- mission of the gentlemen, the revenue became ours, ‘The question of tahing the money is different from Girburring it ; it was the duty of the Prerident, and all bis officers. te take the property and to apply it to the benefit 0; the United St Congress undertook to make no law upon the subject, and eight months were allowed to passaway. The committee of ways and means refured toact, although they were cailed upon to make regulativns, * Mr Vintow.— The gontleman mistakes when he that the committee were called on to wake regul: 7T ar Department cal.ed on the eommittese te mal some arrangement by which officers could settie their accounts at the Departments This wasabout the time Of the onclution of the war with Mezic MfyStanton --At the seesion before last, some- thing wes raid upon the subject. | re that there ‘was, no serious effort made to resist the ident. Mr. Mrape was permitted to state that that portion Of the President's meseage referred to the Committee on the Judiciary, contained an argument in favor of the right of levying contributions, The majority of the committee consisted of gentiemen from the other side, (whigs,) und the subject was referred to two of the members, with instructions to report, This ever did. While he was vory punctual, he beard ofany attempt to bring up the subject in any tangible form, Mr. Stanton,—That is precisely what I said. During the whole of ‘session, ri through eight months, they rawthe President exercising » power which they believed to be unconstitutional, guilty of usurpations subjecting him to impeachment, it they had thonght proper to provide in that way; and yet gentlemen did not attempt to rignalize that by at- Vempting to resiot the illegal proeseding ! They are re- sponsible for the continuance of the alleged asurpa- tow, because they did not attempt to resist it. They left ibe impression on the country that it was but the voice of faction. Mr. Vinton remarked that, at tho last session, he offered a resclution. inquiring by what right of author- ity the President collected and disbursed money with outlaw. Mr. Stanton condluded his remarks, leaving the subject to the gentlemen who, when it was in their power to resist usorpations, refused to do 4 VOICE FROM THK CHAIRMAN OF THE M ARY coM- . MITTER, Mr. Botts obtained the floor, amid erles of,‘ ad- jourp!”’ “adjourn!” This, however, did not’ heed. id that, from the frst moment the order was in- 3 jarrantable usurpation of niertaintog that opinion it it bo be’ ,) Who called on the whige to pw why DO effort was made at the jast session to ing this subject under consideration—he feit it to bie duty, in J: ary or February. to present to this Ure the identical resolution, verbatim et iti im, bh was acopted some t ree weeks since, and on the answer of the President is predicated. O penrion of th les, slmost every member the other side veted inst it, The reselution waa never reached, died with the (just) jun itself, So firmly impressed was he with the iaspertance of the quection, that he took the first opportunity, at this serrion, to offer that same resolution.sgain. This teso- lution was permitted to pass recently, afer the ques- tons of the day were adjudged in the Presidential election, Mr. Stanton suggested be ngiheny resolution was not Becerrary for the pasrage of a law. Mr, here If there was no necessity for a law, there was no necessity for refusing the paseage of the resola- It fe the information | want now, sir. 1 desire y: (for! wish to act fairly and impartially towards the Executive.) thet [ was anxious to make the eall. to 60 anted, and to elf ae best he could. proper from Obio (Mr. Vinton) has made, aud am atill more from je, (Mr letle to said. serves the other side of the House, e~] there acxesome TWO CENTS. dispered to hold officers cf the goverament to accountability It was my parpose to move the re- ference of the menenge to the Judiciary Committes, bat 1 will vote for the motion of the gentlemaa foom Georgia. Ib bat the House will indulge in » general ais- d bave an a gument on both sides. with @ view to bare sction, At the suggestion of gentlemen, I move the previous question Mr. Ssaxton—I would inquire whether there is a distinct motion to print ad alaaiui ela Chair did not hear such # mo- tion. g C. J. Inch.nsorreaid that he made # motion to int Pathe frat question war taken and decided in the af- firmative; the message was referred to a select commit- tee of nine members, a The mesrage was ordered to be printed—yeas 103, nayn 69, A ReTRaxiT.! Mr. McLane arose for the purpose of requesting Mr. Bottsto correct a statement, Mr. Borts—I will do so With pleasure. I said, im wy reo arks. that gentlemen retuse to vote for ® Bus pention of the rules, to enable me to introduce my re- solution. On reference to the jouraal, { do not find that | made « motion for a suspuorion of the rules, 7 Dave arcertuined, however. that whea the Houvw hag refused to suspend the rules.entry oa the journal is omitted [tie porsible that { confounded some other resolution with this one, on which the House refused to suspend the rules, A Vorce— Wil the gentleman be so good as to tell us what the journal dova say ? . Mr McLanx—lit is at page 323, Mr. Boris (reading from the book) “lJaid on the able undertherwie Perhaps | confoundod this re- sclution with some otber. It may be possible that the Houre refured to rurpend the rule, or made objection. Mr Houston, of Alabawae -{ would ask, whether it Into be presumed that the Clerk, who ix a avorn offour ef the Houre, uttered ® positive fulsshood. by saying that the resolution was Jaid over aader the rule Mr. Borrs- I did not mean to impute falsehood, but © piace myself in # proper position By this Ume the members began to thin of, Imthe lobtits many ef them were soon putting on thelr coats and bats, ready to start for dinner, it buing now neerly four o'clock = Within the bar not # dozva members Were ip their seats; the mo:t of them were standing. Several gentlemen desired to know the question be fore the House. The Srxaxnn, in reply, said he knew of none, And now a motion was made that the House adjourn, which prevailed. Our Paris Correspondence. Paris, Dec. 13, 1848. Prospects of the French Republic—Causes of Ca- vaignac’s Defeat—The Newspaper Press’ in France a great Element af Revolution. lintended to have written you before this a letter of some utility, but have been collecting some information about the newspaper press of France, and think by the next steamer I shall be able to give you a list of nearly, if not quite, all the newspapers in France. They have increased very much under the republic—nearly doubled in numi-er, and more than three times the number of sheets printed. Ihave made the acquaintance of an anonymous correspondent (over signature of “ Marcns”) of your’s,_ who has written you, he says, some half dozen letters. He is from Cincinnati. He is a very interesting companion, and, | learn, a maa of some considerable property. 1 think him decided- ly aman of genius, and a good and thorough re- yublican. He told me that the only reason he had for writing to you was, that he admired your skill and ability, enterprise and genius, and was much delighted with the manner you handled English politics. He has a great project in view, which, uf successful, would make him appear one of the great lights of the age. We have had, as you will see by the French journals, an election for President, which was cer- tainly conducted with the utmost peace and quiet- ude. I never saw an election at home puss off with less nome, and certainly never with less quarteling and fighting; and as far as news has been received, it was the same Me in all the provicees. Louis Napoleon Bonaparte hasan over- whelnung majority. The monarchists ot Paris consider this a triumph of their principles; but JSrom what 1 seeamong the working people, it 1s not so; and I feel sure tnat the great mryority of the French people are reatly and truly ri heans in feeteng. lave no idea that the march of demo- cracy can be stopped here orin Germany in any other methed than by blotting from existelide the art of printing, or by fetteriug the press, ag 1s done in Russia, aad I had almost said in England; for the newepaper press labors under so many burthens in England that it might almost as well be under the ban of censorship Just imagine the city of Manchester, with ita 400,000 inhabitants, and no daily newspaper. In tact, in all Great writain there 1s but one daily newspaper published out of London—the one 1n Glasgow—which has been in existence but about a year. There are two daily newspapers in New York that printevery day more Impressions than the whole daily press of Great Britain; and three certainly, and [ think four, daily journals in Paris, that each publish as man daily us the whole daily press of England, Irelan and Scotland. There are two reasons for thi the is the extraordinary burdens under which the press now labors in Great Britain; and another 1s that the people of France aad the United States are better educated, and ot course more of a read- ing community, i Cavaignac medea great mistake when he stopped the Presse, and other sourvals ot Paris, He counted not on the great power ot the journals, and thought he could hancle them the same as a battalion. Although it 1s not at all probable any course would have saved him from defeat, yet his defeat would not have been so signal as it now is, had heal lowed the journals to hav i say.” He had power enough in his hands to have crushed any ¢meute that esuld by possibility have raised. It is now said that he goes to Algiers, as Governor again. 1 was intormed to-day, that Hoe’s fimous four cylender prees would artive in Paris to- night from Havre, and so seon as they can get it past the Customs, Mr. Hoe will put it up, and set it In operation. I presume trom what mtormatioa [ receive here, that the demand for such machines will be much greater thun elsewhere for sometime to come. Mr. Hoe has arrangements for making them here, #8 soon as this one is put in operation. There are four papers now published in Paris, who set uptheir forms twice regularly, and sometimes three umes. y e Evglith pepers say Paris is deserted, but last Sunday there were as many people and as many éarriages on the Champs Llysées as there were last year at this time, under Louis Philippe’s reign. In fact, 1 never saw more there except on some great féte day. I shall endeavor by next steamer, to give you a list of all the newspapers of Paris, and of the provinces of France, with an approximate estinaate of their circulations, with seme other interesting matter, | P It will elore with this opinion, that universal suflrege is a fixed fact in France, will never be relinquished by the people, and that this Re- public ts destined to be great, anda itor of republics im Exrope, by the force of example. Don’t believe the English journal ng: if we may rely upon’ rumors which fe gel dence at’ Memphis, and are from thenca telegraphed bere, the business of New Orleans is in a state of tem- porary suspension. occasioned by the depopalative in- Juence of the cholera pants. It is sald. the principal receiving and other houses have Lap bo oa ee — ve — te, and Loe] ople are leaving the olt; ousan: Ecelness or. business prospecta--that several of the larger boures have clored, ko. &o The influence of this rumor bas been felt here, and receives credit om business men, so much #0, that the Geo. Wrechivgton, Disdem, and Scheyikill, all freight- ed for New Orleans, have foregone thelr teking their loads out Jart evening, an boatehad disebarged ond paid off her crew. ‘Tke following extract of letter from a friend iu Louieville, isto the point, ditional information on the sul reliable dated the 97th, 10 P. M. wit jem packet bun ~ oie hart phan nd ‘Wilhins, rot with nine dead bodles on board —pastongers that died during the trip.””) Fisntxe Bounties.—The colleetor at paid on Monday laet, four thousand four hi dollars to the:ofhcers and crews of cud-fishi sels. ‘This is said to be but a small portion Cy ee by Oe Gages < Esau but je circulars mm the Treasury /partme! are very ae in their instruetions, so that many went away disappointed. } meee