The New York herald. [volume], January 05, 1849, Image 1

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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TH
,:r ??' '
NO. 5328.
rmxiTiicrii ci^ohem.
bBCU.ND '.KSSION.
Benntc.
WitMiPtoTow. Jan. 3,1849 .
??>!<! ?? day of th. ifHijtt. Large attendance of
stranger* at the ^api'oL
TrRKironiiL Lawn bill,
iv Iii ' mr B*?ic?b. the Sonata took np
the bill rrr^nrled Tr>>tn the Committee on Public l.ndi,
fo* *e*rrB.nfI)0 0i?ims nod iirlm to land* wit hi o trie
territory (lf ('aliloruiu and New Mexico to grant do.
sailor. rifbta. and to provide for the aurvey of public
therein.
*L>xc 1 ?Provides (as amended. or at proponed to be
Amended by the committee) for the apioiatinont
of a Burvrjor ge rural, or rrglvter of landa, and a
-* receiver ot public mouey*. who etiall act conjointly ae
A kOAril itf Aiiiiiniiiiiiinnprii tn ulaimi
within tbe territories of Celiforule and N<*w Mexico
rrevtdes also that the salary of eaeh of these three
cfleer* ha'l ha $3 100 per annum and that they shall
locate their r Aires at the disoierWia of the President.
g> c. 3? Provide* for the appointment of a secretary
k* tbe hoard, at >2 000 per autism
TSer. 8?Spsotfles tbe duties of tha board, and saye
that their last ressiou shall terminate on the 30th
September, 18S1, when the eecretary shall forward the
leeorda of their labors to the Secretary of tbe Treasury.
, Sec 4? Define* tbe manner in which land claimante,
under tbe Mexican as w?U as under the U S.
go Tern men t. are to lay ibelr oases before tbe board?
apeolfies charges and dlreets conflicting Spanish and
Mexican oialius to be reported to tbe Secretary of tbe
Trrsmry.
Sec. 6? Commissioners empowered to call and examine
witnesses, impose Ones and imprisonments and
to bare access to alt necessary papers, for a full investigation
of otalms; the board te decide no oases exceeding
one thousand aeres; larger claims to be reported
io toe Treasury Department for the action of
Congress; witnesses to bare one dollar per day for attenuate*
at tbe board, and one dollar far every twenty
m.ies travel, to be paid by tbe party summoning them.
8ac. 0 Specifies tbe forms in which the reports of
tbe boetd are to be rendered in to the Seoretnry of the
Tnatury.
Skc. 7?Free white male and female citizens, who
ball cultivate for three years a tract of land, sbalt be
entitled toe grant of 180 aores: no snoh grant to be
made to persons possessing other lands In the territory
and no grants of this sort te be made of tbe mineral
lands
Sxc 8?Provides for grants of 100 acres to free white
moles and females of the United State*, settling in
tbrse tern tones before tbe year ISol; grants of land
I 80 acr-e to ohlluren born iu said territories, or resident
t bete before lb&l; tree white maie'i to cultivate
thjrir tract three years to eeoure a patent; grants to be
limited to citiaens of tbe United States, and not-to be
^made from the mineral lands.
oau. I/) it) ?j.Af m'u rnvwu iuf<UD ui i?vr
to be pursued bynranw.es lu securing their lanls to
thtmre.ve* or their hens, or legal representatives; and
further defines exceptions to be observed in the selection
ot the lands subjr ot to donation.
Sec. 14- Provides for the survey of the mineral
lands of said territories, and the location of existing
private claims.
Sac. 15 and 16?Relate further to the surveys of
the lands, rules to be observed in the work; and
authorises the mineral region after its survey, to be
?ff?red for isle In lets in regular order, Sto.
Sec. 17? Provides for a geologist and assistants.
Sec. 18? Provides for tbe subsistence of the employees
unatr this act, in California
Sec. 19?Appropriates for tbe current year, end for
tbe fiscal year tnding 30th June, lt60,
For compensation ot Surveyor Oenersl, Register,
Receiver, Geologist and Assistants, Secretary.
Clerks, pacaors, laborers, ho $40,000
lor surveying pubiio lands and private claims
in California and New Mexico . 40.000
Contingent expenses. 10 000
Total $90,000
On motion of Mr. Bukese, tbe bill and amendments
'ware r.ad. end then, as it was understood that thi?
had been set apart for executive business, he
waived, for tbe present, further consideration of the
meesure. Senators would have time to look over It
in the Inteivaitooalllng it up again. It was n very Important
measure, and he reoommendsd it to the attention
of the Senate. And
Tbs Senate went into executive session.
llothM of Representatives.
. Weshiivuton, January 8,1848,
, Mr. Rockwell, of Connecticut, offered* resolution,
that, in two bonis, the debate shall oeaae on the bill to
establish n board of oommlssimers for tbe settlement
of oiaims. This was opposed, on the ground that fail
consideration should be given to n measure of such
imparlance, and that on* or two days did not afford
sufficient time for its dircustlon. The resolution, on
the motion of Mr. Vensble, wss laid upon the table.
CONsTI rUTIOWEL PRIVILEGE ?the right OV members.
The bvKERER wss about to proceed to oali the States
for petltluns. when
bill* ob the Speaker * table, whljh ought now to be
disposed of.
The Kfkakkr said, that these bills, and a message
Item the President of tbe United States (In reply to a
resolution of tbe Ueuse with reference to tbe ooileotion
of duties at the Mexican parts daring tbe war,) would
be taken up by general consent
Objection was made by several gentlemen.
Mr. Stahtom. of 'IVnnessee?Then I desire to make
question of order?whether 1 cannot call for tbe reading
of the message at this time? 1 design to say one
word upon the subjeot. By the constitution, it is
made the duty of the President of tbe United States to
communicate information on tbe state of the Union to
Cengiess. I presume, as it is made his constitutional
duty to eomuunioate to Congrees, it is dearly the
duty of Congress to listen to the informatien, and
to receive it. Mow, Sir, during tbe time that
yon have ocoupied that obalr. at the last session,
a message from tbe President, of an important
charac'sr. lay on your table for weeks and months
together. I do not speak of the respeet duo to
tie President on tbe reception of tbe meesage,
but I speak of the privilege of eaoh member of tbe
House ; aad I believe that it if tbe constitutional privilege
of every member te know what is tbe informatien
oummunicated by tbe President Mow, I am
ware that one of tbe rule* of this House describes the
idcr of prtoeedings. and I am aware of the opinion
entertained by you of tbe character of tbe rule; but I
imagine that the President, notwithstanding, would J
have the right to come to this House, and make the ,
aemmun cution and 1 apprehend that it is not In tbe ,
rnwercf either House to refuse to hear tbe President.
believe that it was formerly tbe custom of the 1'resl- ]
dint to oome in person with bis annual message, to ,
one or to both Houses ol Congrsss, and Mr. Jefferson
"was the flret to send a written meesage to Congress,
giving bis reasons for doing so. And now, I ask, If
tLe I'ievident should come here in person to give information
on the state of the Union, whether it would j
be considered in oonsonanoe with tbe constitution for
htm to do so, and whether the House would have the ,
poser te put the President off from day to day, and ,
bom month to month? I know of no olause in the
constitution which requires him to make communications
to this House. exoept that whleh requires him, ,
from time to time, to give information on the state of
tba Union. I ask, what will be entered on the journal,
In acoordanoe with the rules of the House T The
message ol the President is to be spread on the Journal. j
It sas received yesterday, and is dated yest. rday. Will ,
tbe journal state that a message was roelved, without ,
runner information, rrwuiit state, westsbonoe, tnata j
message ?h reoelred from him? I believe, y I am mot ,
mis'ak-fu, that this has net b?*m the oue 1* { ,
relation to Executive eommnnications under for- ,
mer Speakers. I believe that on all ocoesloas
they have laid them before the House. Now,
1 ask, how do the President's eommnnloatlons (
got on the table ? How do thcjr come there? There is
no rule or order to place them there. It seems to me |
that so soon as a message is received from the President,
It la the duty of the Speaker to lay It before the
Honte- openly to present It to the House. But how
can this be done, when It Is retained privately In the
hands or the Speaker ? 'The rule which prescribes the
order In whlen the business shall betaken up by the ,
House provides that the flr-t shall be the massages j
nod the other Executive communications. I presume
that the rule refers to oommunleatlons of this sort, af- ]
her they have been laid before the House, and are regularly
on the Speaker's table. I do not see how the <
President can. in purauanoe of this, make a comma nleetien
to the House unless it be received by the House. |
It Is not a oommunloation until It 1s In the possession |
tf the Hones; and it seems to me that the constitution j
overrides every rale of the House. You decided, at this
eseiloo, that, although a rale requires every motion for ,
the printing of documents to be referred to the Printing
Committee, the reference need not be made in
compliance with the rale How, then la It with regard
to the eenetitntlonnl privilege to receive messages
whleh the President communicates? As a representative
of the people nndeutho constitution, 1 demand te
know what the President aesirea to oommunlcate to me,
an > m her of this House. Itteaprivtlege whloh rales <
nonet (mother. 1 hope that gentlemen, older in the
experience of the rules of the House than myself, will
Imve something to say with regard to this matter. If
I am in error, I shall submit, as I will be obliged to do.
The Ifitiu said that he understood that the |
Speaker is the servant if the Houae, and not the President.
He re-celvee. respectfully, the message as it is
aaaoansed at the door, and it la not presented to the
Hnnee unless an-ajority se decide. Toe constitution
nays that each flouse shall determine its rules of proceeding
This House has done so. The 27 th rale prowides,
thatafter one hour ahull have been devoted to
reports from committees end resolutions, it shall be In
rder, pending the consideration or discussion thereof.
Be entertain e motion that the Hence do now proceed
Be dispose of Be business on the Speaker's table, and
Bo the order cf the day : whiob being decided la the
aBfomatlfe, the Speaker shall dispose of the business
w hie table " This was adopted In September, 1H37.
The chair has always sonformed to tha rules If mas ages
have not been laid before the House at the proper
time, It has been In consequence of the notion of tne ,
case itsctg On the last day of the U-t cession, the
Spanker offered to lay before tbe House a meet ego from
me President, [giving hi* reasons lor signing ti? Ore |
Ca bill,] but he we* net permitted to do so ; the li.'use ,
dieted on calling the y-as and any* on the euhjaot {
Before them. The Speaker sited a case anaiagone tS |
present, when, nt the Inst session, an appeal was
ENEi
>1 MO
takeu from the droi-ion of tha chair and the cha i
We? u> talced
Mr. 8r?MTOM?Allow me to aek. ifthe rr??ident. were
to appear id person to m?i* a c xmuuirc tti*a to thn
Houe would it roi.nid-r It elt bouod to reoeira the
e< nmuivcatitu. UDder the constitution ?
The Snc?s?s waa understood to *?y that, in such a
raee. tte presldm < tlb-er would not be Id hi! seat. It
would be occup ed by tbe l*reaident
The qxeetlou we* iheo stated on the appeal af Mr.
Station front the decision ot the chair, when
Mr C J InoKHtooi. appealed to that gentleman to
withdraw lb* appeal, as the House on a former occasion
wade a decision on a similar p >iol of order. Toe
(jurtliun WW very linpoi ItUl, IU1 Hurt WM HOI oo>
an < ppoilunlty fur dehaling it
Kir Sumo?-I withdraw the appeal, as but little attention
is paid to the subject
sundries.
Virlous petitions were presented, and repast* made
from the several landing oonirnitteee
Air. J 11 Ingcusoll, tr?iu the Committee on the Indie
Ury, reported a resolution, authorising tue Clerk of
the Houre to purcnatr Htokey'e authentic pailica-iou
of the Constitution and Analysis?the Mm nu,at)er
of copies (30 I'liU) as ordered by the Beuate to ho
distributed by the members to pubiio libraries, oollet,os,
?To
Mr Junks.of Tennessee, opposed the pa<s*geof the
resolution. He was not willing to squaaler tue people's
money, aud thus encourage extravagance.
Mr. Bmoohkau thought that Congress btd purch?K'i
btM.ks enough, and moved to lay tbe resolution
On tbe labie
The moiion was agreed to?yeas 126, nays 48.
saw mux ico
Mr. C. B. Smith, from ta? C immlttee on the Territtrit
n reported a bill to estaoilrh a territorial government
fcr New Mextoo, (sxoludiug slavery i wh.oa was
read twice, and reterred to the Committee of tQe
Whole on the State of the Union
Mr Pill.i.lry. of Texas, remarked that he was decidedly
against tbe dlsmvoiberment of that State, aa<l
srked leave to piesent amiuority report, and that it
be printed.
Mr C. B. Smith said that the oommltteehad deemed
It proper to report a bill wtitrout auoompauytog it aitn
a report with regard to the Douudaries (which t ie bill
defines? (he old Mexican line). He understood that
tbe gentlemau presented a minority report. fne
question was, whether H oouil b < received
The SrnAHKH remarked that the minority ooald
make s sis ement. but not a report
Mr. Burt begged leave to say, in reply to the remarks Of
Air. smith, that the report made by the minority was
the only form In which they could express their opt
nioue; and he appealed tu the oldest members of the
Houre to b?sr him witness that, in no soiicary oa-e,
has a paper offered by a minority been refused by the
House.
Mr. Smith desired to ray that he did not mean to be
understood as making an uiu*otion to the minority reSort;
be bad merely stated the faot that the majority
ad simply reported tUe bill. It tbe House shuuid accept
the miaortty report he would have no objection
Mr. Bust?1 know nothing of the merits of ths I
paper.
Tfce Steaker?If.there be ao objection, the report
will be received.
Mr. Bust? 1 trust that thers will be none, sir.
a government von the moiimons
Mr. Rockwall,of Massachusetts, from the Committee
tn Territories, to whom had bean referred a resolution,
instructing them to inquire into the exp-dienoy
of reporting a bill to ettablieh a territorial government
for the Mormons residing on Halt Lake, In California,
were, on motion, discharged from ths further consideration
of ths subject.
the public rnihtino.
Mr. 0. B. Smith oHt-red resolution, whiotatu read
for information, repealing the joint resolution directing
the miibtr ot executing tn? printing of Congress
there were other objections interposed in various
peris of the hall.
ME. OBEELlTV AUAIM AT WORK ?HI! RESOLt'TIOT CALL*
1i?<1 for isfoumatiox about the tariff uf 11140
Several weeks ago Mr Greeley otfered the following
rt icn tiOD, tii:?
BeioWed. Thet the Secretary of the Treasiry bo, sad he hereby
is, teijuc* od to coffinuuluate to this tiouju, it suoa eomrauuiott
en be not in M, juaitmeru iuoomp*tlble with the pub io iutcrest,
tbe oui.*idrrmtiouo ot e<|uity or i oblio poliey which Jujtlfv toe ss rs?i*?iit
by the tarili ot lbtb, on woolleu blnokete. lltnimls,
Lent s, sc., oka ?.n hempen ctbles, cordege. and eoversl other de.
eiipuoki of importea luoAutaotutee, ot rstei uf ooty tlTe to teu
ret cent lower than are obariei on the principal raw material
Itom which they are respectively fubnoeted, end, if the state be
not justined u ef&rewitc, what action ot tlongroes in reUUon
tbcieto it deemed by him deniable.
ibis resolution to-day, came up for consideration,
as unfinished business; and then something similar to
what follows, transpired. We were not in a position
to bsar with distinctness, and benoe the caution observed.
Mr. Wmtwoitii (on the side of the hall opposite to
Mr. Greeley) I am opposed to this resolution. It calls
upon the beoretar> of the Treasury to know wny
Congress pasted the tariff law of 1846. 1 move to 1*7
it on the table.
Mr. Greeley.?I ask the gentleman to withdraw the
motion for a few minutes.
Mr. Wentworth? It you will renew It.
jnr. UPKCLKY 1 Will.
Mr. Wiktwoith-Go iheid.
Mr. Gherlet?1 cay that tha injurious bill of 1848
vai Itemed in accordance with tha a ggeetiou* of tha
Score tar j of tha Treasury. He arranged tha details
Mr. Wkntworth?The chairman ot tha Committee
of Ways and Means reported tha bill, and you hare
no r gLt to say that he was dictated to, by the Secretaty
el the Treasury.
Mr. Greeley?Tne chairman of the Committee of
Ways end Means Is not now chairman. (Laughter.)
Mr. Wwuvmth?You know what I mean (Ha!
ha! and even the Speaker smiled.)
Mr. tiaEkLEr?The call Is not on the former ohatrman
(Mr. M'Kay) but on the Seoretary of tbs Tree
sury. (Ha ! ha ! ha .') 1 think that the resolution is
periectly In order. I will renew the motion If the
gentleman wishes it.
Mr Wentwobth?I bare no objection to giro the
gentlemen an opportunity to obtain Information, nor
to call lor it from the head of any bureau; but the
gentleman bas no right to say that the Seoretary of
the Treasury dictated the tariff bill, and he has no
right to say that the oliairman of the Committee of
M aye and Meane took it from tbe Seoretary.
Mr. Host (on Mr. Greeley'e side of tbe hall)?Did
not tbe Secretary of the Treasury prepare that bill ?
Mr. WkMwoiTH-1 don't know anything about that.
1 know that 1 voted for it.
Mr. Hunt?it le in the memory of those who were
fc?re In JMH that the bill was preparsd by the Seoretary
ot the Treasury.
Mr. Wertwokth?The bill was altered by the Committee
of Ways and Means; but I am opposed to the
resolution, Lecause it Is dlsrespeotful to the Secretary
Df the Treasury. 1 move to lay It on the table, ir the
;entlenan will alter the resolution, I will hare no objection;
but so long as he iatimates, or says, thai tbe
bill was dictated by the Secretary of the Treasury, 1
mil object. Let it be read again.
The Clerk read it.
Mr. Wbntyvobth? I mere to lay It on tha table.
Mr. Greei.by?Yeas and Nays.
Thsy were taken, and the House, by a rote of 88 to
17, retused to lay tbe resolution on the table.
Mr Ubeeley proposed to amend tbe resolution by
itrikmg out the words ' if not incompatible with the
public Interests."
Mr. Butts suggested an amendment, to whloh
The Speseeh replied that it was not usual to direct
the secretary to report.
Mr. Gbrelev's amendment was agreed to.
joculsb dksiunsra*Tions.
Mr. Ficelir offered an amendment?that Abbott
Lawrence be requested to inform the Home what motivas
at public Interest justifleu the establishment of
nlnimums and speciBcs in the tariff act of 1842, by the
joiLt operation of which a square yard of ootion goods
that cost fire cents was taxed as high as twenty oonts,
sad a yard of slik worth fifty cent* was taxed a* high
u a yard of silk worth two dollars. (Ha! ha ! ha !)
The Mpeskeb?This is not in order.
Mr. Ficeliis? Well, I'll alter it. and makethe.eall on
the President of the United Btatos (Ha ! ha Tha !)
Tha Bpesbbe?Tbt House will oome to order." (Tha
kut'/itiif tit iniflnt in anmn rinsran miknlHuif %
Mr Mewlt ?I have in amendment.
Tb**6reabeb?Pimm* send It op to the clerk's table.
Mr Henlv?The olerk will taho.it down ta writing:
'Rtwlwd, That ho alao bo requested to inquire and
communicate tho eanwi that prodnoed a reduction o(
the wagoo of tho operatives la tbe'menufeetoriei at
Lowoli["That'sright;'* "Oolt;"i"lla! ha! ha:?J
Mr. Bowliu?I rise to a question of order; the resolution
calls on the bead - of-a department fur motive*
concerning a legislative act.?It is not a proper sub
|tct tor the consideration of'this bodpT"i
The SrEsaaa?The point uf order oaght to have
been raised when tho resolution was Introduced. It
le now beyond tho power of the Speaker to interpose?
It is with the House.
Mr Onrur put in a word, understood to be a demand
for the previous question. At the request of
Mr. McKat, the revolution was again read
Mr. Wemtwosth?Is the previous question on eoneurring
In the amendment*!
Tie brcAEEB- - Yes, sir.
Mr. HoniTon, of Alabama?Is It too late to object,
that tho resolution may Ho over on* day!
The SrEAEsa?Tho resolution has been lying over a
fort eight.
Mr. Hovstom?The amendment of the gentleman
from Illinois does not change the state of the ones.
The KrEAEEB?It does not.
A motion was now made to lay the resolution upon
lb* table and prevailed?ayes 18, nave 63
rt'ltUHIHO THE EB AM T.?COLLECT I SO DO TIBS 1* MEXICO.?tiie
BIECVTITE'S oevesce
Tho 8peaebr, on motion of Mr. N tan ton. laid before
the House the follow log message from the frSstdeat of
the United Slates, In anewer to a resolution of the
18th of Deeetnbrr. calling for tho law nr the prevision
tf the Constitution, wmeh authorised the Secretary of
(be Treasury to put in fores a tariff of dnties In the
Ports of Meffloo during the war, etc ; In whien the
resident justifies hu conduct, by appealing to the
right of eonquest and the Inws of war, and status his
view* at length.
Ts the Haute af RejnretrniaHttt af ike United Slatea t
In answer to the resolution of the lH'h of Deoembnr,
1848, requesting infoimotion " under what law or provision
of the constitution, or by what other authority,"
tna secretary of the Treasury, with the " sanation and
peroral" of the President, established "a tariff of
duties In the aorta of the Mexican republic " ' during
lh# war with Meslco," and - by what legal, constitutional,
or other authority," "the revenue thus d*
rived " was appropriated to " the eugmnfi of the army
In Mealoo," I refer the Hones to myl^Bial message
pf the 7th of December, 1M7 ; to my usfiftag u to U>*
aCnaaanBUMHMMHWHMMMHBBB
YO
RNING EDITION-?FBI
beua'.e vi the loth of February, 1848 reapondlnj to a
e?l'? of that b ay, a oopv of whioh t? herewith aoinmuI.toated
, and to my ineraafe to tne Houae of Iteyretentative*
of tha J4lb of July, 1848. raaponJing to a
call ot Ibat H< une
1 be resolution a*min?a that tha 8*oretaey of the
Trvaeury established a taritf oT duties in tba ports of
the MaX'cau republic " The contributions coilec-ed
iu tbia mode ?fir not established by the Secretary of
the lr?-aruiy, but by a military order lined by the
I*ie?l<irnt through tba War aud Navy ilepartoiiuts.
For bin info*motion the President directed the Secretary
of tbr Treasury to prepare and report to hiin a
scale ol dutle*. That report van male, aad Che Pre-ldenl's
uiiiaary oid- r of the 3l?t vlaroi, 1147 *o btw-l
Upi u it The doc tin cut J o?mniU nc ited toCongre-i
?i b my aouual menape of December, 1847, shot* the
true uburacli r of that older.
The auib< rity uuder which military contribution*
a uvo bTfl.tfiuii a lift ?nllan^o/t fcum f Km ufiuinu *> *<! ait.
plied to tbe support of our ariuy during the war wit i
Mexico, ?a? Ktitcd in the referred Co.
In the flrft of ibriw nieAsaic-s. I informed Congress
?b .t ' on ibe 3li>t of Marob Use. I c?n?ed an order to
b* inued to our military aod naval oom<uauilnr* to
levy and oollect a military contribution up>a alt vestola
and merchandise whi -b inigh'. enter any of th*
pmth of M->tno in our mili ary noaupati m and to apply
such contributions towards defraying the expenses
of the war.
" By v.i-tue of the right of conquest and the lavs of
war, the conquerur, oousulting bis own safeiy or oou
Yemeni.*, may either exclude foreign C iiumerce alto
g*tb?r lu m all rued port", or p?rin<t it up >n sucnleruis
an* concHiccs a* be may pre.-crihe list,ire tbo principal
porta of Mexico were blockaded by our navy, tbe
levenue Utr.vrj I'ri m iniprrt duties under the taws of
Mexico, was paid into the Mexican trea-ury. After
thise porta bad fal.en into our uiiicary posies-ion. tbe
blockade was raised and commerce with them permit.,
ted upou prescribed terms and conditions, i'bey were
opened to tbe trade of all nations upon tbe payment of
duties mote modetate iu tbeir amount than tno-e tvoiil
bad been preYiourly levied by Vlexloo*. and tbe rev-nus
which war formerly patd into the Mexican treasury, ?**
directed to be collected by our military and naval offi
cera and applied to the use of our army to I navy.?
Care was taken that the officers sold ers. and sailors of
our artny and navy abou'd be exempted irom tbe ope
ratiiiLS of tbe order, and as the merchandise imported.
Upon which tbe order operated, must be ?ou*un*d by
Mexican citizen*, the contributions exalte t werd, in
eflrot the seixurs of the public revenues of Mexloo and
tbe application cf them to our own u?e lu directing
this measure, tbe abjeot was to oompel the eneiuv to
contribute, aa far aa practicable, towards the expenses "
of tbe wer.'t
it was aico stated in that message, that >? measures
bave recently been adopted, by which the internal as
well ea tbe external rcveuues of Mnxteo. in ail places
in our military occupation, will be seised and appro
priared to tbe uie of uur army and navy
" The policy of levying upon toe enemy contributions
ia every form consistently with the laws ot nations,
which it may be practicable for our military
commanders to adopt, should, in my Judgment, b*
r gidly enlorced. aud ordrie to this eir.-ct have accordingly
been given. By euch a policy, at tbe same time
tbat our own treesury wtil be relieved from a heavy
drain, tbe Mexican people wlii be mads to f-el the burdens
of the war. and. ci>naulting tbeir own interests,
may be inouced tbe more readily to require their ruler*
to accede to a Ju?t peeoe."
In the same steerage. I informed Congress that thi
amount of the loan wbloU would be required f-?r toe
further ptorecution f the war. might b? reduced by
whatever amount of expenditure cao be saved by mill
tary contribution* collected In Mexico;'' and that' the
niipt rigorous measures for tba augmentation of these
contribution* bare baen directed, and a verycia iderabic
anm U expeo ed from tbat source." Tha
Secretary ol the Treasury. in hie annual report of tbat
year, in making bi? estimate of tbe amount of loan
wbieb will probably be required, reduced tbe eum in
consideration <>t tbe amount which would probably be
derived from there contributions. and Congress auiboriied
tbe loan upon this reduced estimate. In tbe message
of tbe 10,b of February. 1848. to tbe Senate, It was
stated that'* No principle is better estaoli-bed than
that a nation at war ban the right of shifting tbe b arden
off itself and imposing it ou the enemy, by oxsoting
military contribuliens. Toe m >de of making
uob exactions must be left to tbe discretion of tbe
conqueror; but it should be exercised in a manner
conformable to the rules of civilised warfare Tae
right to levy these oontributloae is essential to the
euccescful prosecution of war in an enemy'sooun'rj;
and tbe praoticc of nation* baa b??n in accordance
with this principle. It la as clearly Monetary as tba
right to Qgbt battles, and its exercise is often esseatial
to tbe subsistence of tbe army. Kotertaioing n>
doubt tbat tba military right to exaiuOn oumanw
altogether from tbe porta of '.be enemy in our orlitary
oooupatlon included tbe minor rigbt of admitting it
nDdt-rprePorlbrdconditlons.lt became an impnrttnt
question, at ibadate of the order, waether there ehould
be a discrimination between ve?sels and cargoes be
longing to aitissns of tba Uaited States, ami vessels
and caigoes belonging to neutral nations."
I n tbe mersage to tba liouee of Representatives of
tbe 24th ct July, 1848, it was stated that-It is Irom the
same sonrca of authority tbat we deriTe the unquestioned
tight, after the war has been declared by Congress,
to blockade the ports and coasts of the one ay,
to capture hi* town*, cities aud provinces, and to levy
contributions upon him for tbe support of oar army.
Of tbe same character with these is the right to sunjeot
to our temporary military gsverument tbe conquered
territories of oar enemy. They are nil b*ll'g?reat
rights. end their exercise is u essential to the sucoess
fnl proeecutiou of ft foreign war ? the right to light
battles."
By the conetitutlon, the power "to declare war" is
vested In Congress; and by the name instrument It Is
provided that "the Preeident ahatl be commander-Inchief
of the army and nary of the United States," and
that "be shall take caie that the law* be faithfully
executed." i
When CongreM bare exerted thsir power by declaring
war egalnat a foreign nation, it la the doty of
the fiesident to prosecute it. The constitution hae
prescribed no particular mode in whiob he shall perform
this duty.
The manner of conducting the war is not defined by i
the constitution.
The term war, used in that instrument, has a well- i
understood meaning among nations. That meaning
is dented from the laws of nations, a code wntoh Is
recognised by all cirliited powe<sa? being obligatory
in a state of war. The power is dtrired from the constitution,
and the manner of exercising it is regulated
by tb? laws pf nations. When Congress bare declared
war. they, in effect, make it the duty of the
President, in prosecuting it by land and set. to resort
to all the modes and to exercise all the powers and
rights which ?i'?.us at war possess.
lie Is Invested with tbe same power in this respect
ss if he were p< riot at y present, commanding our
fleets by sea, or our armies by land, lie may ooaduct
the wer by issuing orders far fighting battlrs, besieging
and eaptnring cities, oonq-.iering and boidtng tne
provinces of the enemy, cr by capturing bis vessels and
other property on the nigh seas. Bat these are not the
only modes of prosecuting war which are recognized
by Lbe laws of nations, and to which he is authorised
to resort. The lery of oontributioas on the enemy
is a right of war, well establisaed. and universally acknowledged
among nation). and one wbloh every beli'gerent,
postering tbe ability may properly exercise.
Tbe most approved * Titers on public law admit and
vindicate (bis right as consonant with reason, justice,
and humanity.
No principle Is better established than that " we
have aitght to deprive our enemy othla possesei-ms, of
everything which may augment his strength and enable
him to make war. Thia everyone endeavors to
accomplish in the manner msec suitable to him.
Whenever we have an opportunity we seize on tbe
enemy's property, and oontert If to our own uio; and
thus, betides diminishing tbe onemy's power, we augment
our own, and cbtain at lea-t a part.ai todemuttlcation
or equivalent, either for what constitutes the
snkject of the war, or for tbe expends aod losses
Incurred in its prosecution; in a word, we do oarrets**
justice." (> Instead of tbe custom of pillaging
tbe openeountry and defenceless p aoes," the levy of
contributions bas been "substituted." " Whoever
carries on a just war. bar a right to make the enemy's
country contilbnte to tb? support of his army, aud
towards defraying the charges of the war. Tons he
obtains a part of what is due to him; and tha enemy's
subjects, by consenting to pay tee sum demanded,
hate their property secured from pillage, and
country is preserved " These principles, it is believed
are unconiroverted by any eivilised nation in modern
times. Th*(publio law of nations, by wnioh tbey are
recognised, baa been held by our nighett judicial
tribunal, a* a oode which ie applicable to our - swua
tion" in a-stat* of war. aud binding on the United
States; white, in admiralty and maritime cases, it is
often the g< vetoing role. It is In a just war that a
nation has the "right to make the enemy's country
contribute to the support of his army " Not doubting
that our lata war with Mexico was just on the part of J
the United States, 1 didi not hesitate, when eharged by
tbe constitution with Its pioeeoution, to exereiee 4
power common to nil other notion*, nn d Congress ?m
only informed of the mode nnd ex'ent to wbiehtbts
power bed been end would be exercised ntthqcommencement
of their Bret session therenfter.
Upon the deelnrntlon ol wnr ognlnst'Msxieo, by Confrere,
the United Mta ee were entitled to ml the rignt*
which on* other notion nt wnr would bnee poeeeeeed.
Th* ?* rignte eonld only be deannded nnd enforced- by
the President, wnoee dmy it wee, ns 1 oommender-inchief
ef the nrmy nnd navy of th* United Nittee," te
exeente th* lew of Confrere whloh deelnredithe wnr
In tbe net declaring wnr, Congreee provided lor railIng
men nnd mrAey to ennble tn* President '-to pro**onte
it to n epeedj nnd eiteeeerful terminntion " Congreee
presortbed no mod* of eondneting It, bat left th*
President to proeeant* it nooording to th* lew* of nolle
tie. n* hi* guide. Indeed, it would bnee been las
proetienble for Congreee to hoe* provided for nil the
detnll* of n enmpnign.
Tbe mod* of lavyiagSeontrlbatlon* most neeeeenrlly
be left to the discretion of the conqueror, sahjeot to be
exercised, however, In conformity with th* lows of notions
It moy be exercised by requiring n given earn.
ot n given emoant of provision*, to * turnlebed by
tbe outboritiee of n cop cured eity or provinev; it mey
be exerrirvd by Imposing nn Internm tnx. or n tnx on
the enemy's eommeree, bete by he any be deprived of
his revnnues, nnd these m*y be appropriated t? the
nseofthe eosquerer Toe Inlter mode ws* ndopted
by the collection of dntlee In th* port* of Mexioo la
our military occupation daring th* late wnr with thnt
republic
go well eetnbllshed id the nillltnry right to do thin
under th* law* at notions, thnt oar military and nwrnl
RK E
DAY, JANUARY 5, 18'
< (beers. commanding our force* on the theatre of war, i
aocpted the iauie m. de of levying contributions from
ihernenij. beiore tbe order of lb* President of the
31 rt of March. 18*7. sm issued The general In aomit-?D<1
i1 I be aimy st V?rt< rut upon tile own view of
bis p? eeie end duties, nod without ipe iitln laitruemis
to ibat eflect. immejia ely after the rapture of
tbst mt; adopted this mode By hisor<l?r of the'48 b
if > arub. 18*7. heretof. re romoiuuieated to the Hou'e
ot Repre-eiitailve*. be dtrecied a temp irary and luederale
tar tr rf duties to he established "
Such a tanlf was established. and nontribu'ioos were
collected end applied to the uses of our army. \t a
Mill earlier period the same power wa? exercised by the
naval i ttti-er* in command of onr njuaurou on the facitio
cruet
Nut di ubtlrg the authority to resort to this mode,
the order of the Slat of March, 18*7, was urued, aud
was, lu lieot. but a modihoatlon of the previous orceis
of there (.Ulcere, by making the rates e.t oootMbiilion
unit) im. aud directing tlieir collection lu all the
ports ot tbe enemy iu our military occupation aud
under our temporary military g> verouient.
Tie right to levy contributions on the e aemy in the
! ru. i t import and export duties in his ports, was ranetinned
by tbe treaty of peace with Mexico. By tbat
ires'y, both goveromehts recognised and oontlrmed
the exeicise of that light. Br its proeisious ' the
cos om bouses at ail ports occupied by th* forces of tbe
1 . It ... I .r.l ... '1 ? . . . . -t ..,1.1..
lien*, to be delivered up to the Mexican authorities,
"together with nil bonus aud evidences or debt lor
tlutie* on Importation* noil exporta'lon* not ytt /a im
due;1' mud nil dutes oa mijoru aud on export;*
coin ctrd at such ouuoui-house* or elsewhere la
Mn'to by authority of tbe United Sta'es." before
the ratification of the treaty b> the Msxiaan government
were to be retained by the United Slate*,
and only the net amount of duties coileo'.ed after
this period wax to be " delivered to the Mexican givetnuieui
" by iii provisions, al*o, all merchandise
"inipirted previously to the restoration of the outtom-boos.
i to the Mexican authorities." or" exported
noui an) Mexican port wbilet In tbe occupation
if me force* of tbe United State*." waa protected from
coubieaiton, and Irow the payment of any import or
export dutie* to tbe riexlcaa government, even althou*
b the importation ef *u_b uieiodaouiae '* be pro*
Libited by the Mexican tariff " l'h? treaty al*o provide*
that, should tbe i.urtom-hiusu* be surrendered to
tbe Mexican authorities In leta than sixty day* from
the oat* of Its aiguauie. tbe rate* of duty on marohauuut
imposed by tbe United Slate* were, in that eveut,
lo survive tte wai unt'l the end of this period; and,
In tie mean time, Mexican custom house officers
1 were boouu to levy no other dutte* thcreou " tban the
dunes ertablished by tbe tariff found in force at such
custom.houses at ih* lime of tbe restoration of the
same." The tar IT fuur.d in force at such customs
houses.'' wbicb is recognised and sustained by ibis
stipulation, wm that established by the irjili'-ary order
of ihe HIst of Mareh, 1847, as a mode pf levying and
euiltelliu military oun'rrbuiloa* from the enemy.
The light to blockade the ports and coast* of the
enemy its war is no mors provided for or pre>orib*d by
the constitution than the right to levy and colu ct
contributions from him in the form of duties, or otherwise;
and yet it has not beeu questioned that tne
Trend, nt had Ibe power, at er war hud been d*o area
by Congress, to order our navy to blockade tbe ports
and co?*t? nf Moxleo. Tbe right In b >tb ca-e.v ext ts
uncer the laws of nations. If the President oauuot
order military contribution* to be collected without
an act of Congress, for the same reason he oanuot order
a blockau*; utr oan he dtreeithe enemy's vessels 1
to be csptsied on the high seas; nor oan he order our
military and Laval officers to tnvada the enemy's
country, conquer, hold, and subject to our military
government bis cities and provinces; nor oan he give
to our military and naval commanders orders to peril
im many itiiir sen essential to success in war.
if, when tbe city of Mexico was captured, the oomniabder
or our toroe* had iouud in the Mexican tresmt)
public money winch tbe enemy bad provided to
support bis army, oan ic b* doubted that be pjvsessei
the right to seize and appropilate ft for the use of our
own army?
If liin mrnsy captured from the enemy oould have
been iLus lawfully seized and appropriated, ic would
have been liy vliture of the laws of war, reooguised oy
ail oivilized nations; and ny tbe same authority ths
ruurcet of reitsueand of supply of the enemy may
be cutoff from hiur, whereby be may be weakened and
ciippltd in biv means of continuing or wag ng the
war If the commanders ut our toroe*, while at Ling
under ths order* ot the President, in the heart of the
enemy's country, and nurioundsd by a hostile population,
poetess none of rhete essential and indispeuaabie
poweisof war, bat must halt the armvateverv
Step lit Ha progies* klld Wait for kD Ul of Cuogresn to
be pkaard to authorise Ibem to do Uiat wbtob overj
oti.ir nation baa ifee light to do bj virtus of th? lass of
Laliuiu, in.u Indeed. is ths government of tbe United
Simon m a oouoltion of iinbeallicy and weakness,
which mu>t iu alt luturs time roadsr It Impossible to
proercute a foreign war 10 an enemy's country sucterrfuiiy.
or to vindtoate tbe national rights and the
nn'tonal boror by ?ar.
The oon r.bu'.i usnvl-d wereco leoted in thecnsuiy'a 1
country. and w?re ordered to be * applied'1 in the I
enemy a country "towards defraying tbe expenses or
ttir ear,'' and the appropriation wade by Congreus for
tbat pm pott were thus relieved, and considerable
balance* remained undrawn from tbe treasury. The
amount ot oentilbutlons remaining unexpended nttbe
close of tbe wai. as far as tbe accounts of collecting
and disbursing ofll iei * have been se'lled, bare beon paid
Into tbe treasury, in pursuance of an order for tnnt parpose,
except tbe sum " applied towards tbe paymout of
the first Insta'mi-ntdue unoer the treaty with Mexico,"
as stated in my last annual message, lor which an appiopriatlon
bad been made by Congress. Tbe aooouot*
of tome of tb?>e officers, a* stated m tbe report of tna
Secretary of War accompanying tbat message, will re- '
ijutre legislation before tbey can be floally settled.
in tbe late war with Mexico, it is contldently believed 1
tbat tbe levy of contributions, and the seizure of the I
sources of public revenue, upon whioh the enemy reded
to enable turn to oontlnue tbe war, es-entkally conlri- I
buttd to hasten peace. By those means tbe government 1
and people of Mexico were made to teel the pressure of
tbs war. and to realize that if it war protracted, its j
burthens and inronvenienclee must be borne by themlelres.
Notwithstanding the great snoceas of our arms.it <
msy well be doubled whei her an bonorab!a peace would '
jet bate been obtained, but for the very contributions 1
which were exacted. JAMKS K. rOLK.
Washington. January 2,1849. *
After tbe message was read, ,
Mr. Toumhii said that the arguments contained there- |
In involved extraordinary propositions, dangerous to t
our term of government, and therefore he moved that It
be reierred to a select committee j
Mr. C. J. Imihiom. concurred In the propriety of |
Ibe reference, no subject was wore deserving of oon- *
n deration; but be did not subscribe to tbe gentle- x
nan's remarks ,
??'* T iniwn B?IU lUBi IUD IXlfBPBgtt BTWUlCU l'HWV?*
pies entirely new, and unwarranted in prerlousrthliloiy;
thereiore. ha did not think that it eOould go ont
to tha publio without a remark or two. As well aa ha '
underetood the message, it proceeds on two astump- !
tiona: flrat, that in a state of war, tha President hat !
a rigbt to levy military eontributiona. No one |
he presumed, aieputrd this; and, in the neat place,
that the conqueror of a portion of tha enemy's country
baa a right to prescribe suoh lawa and regulations
aa he please*. Now. then, aa to the flrat, there was, he
repeated, no dispute, but the question presented it elf,
w hat are military oontrioutionsT A military eon |
tribution, if he understood it, is a substitute, or meliotatlon.
which in modern times takea the place of
plondrr, wbloh was Justified by the lawa of war. The
right of war originally gars the right to plunder toe
enemy We have, therefore, arjght to levy military
contributions en those, and those only, on whom we .
bare a right to plunder. We hare a right to plunder
the enemy, not our own people fint here, under the '
plea of ezei eteing the rigbt of contribution, or of plan- i
ier, you ?ey you bare the right to lery duties on oov- j
merce? en the enemy? No, on the eommerceof neutrals
! Has the President n right to plnnder, or lory
contributions on Amerlt an cluteno, or on \merlean
pic petty? It is too plaint* admit of argument anysbere
that the Uxecutire baa no authority, no
right to plnndar or levy contributions on Amerloea
siusena or en Amerloen property.
Mr. Htsnton? I should like to know whether the
lorrrnmeut of the United States, on taking possession
it Vera < ru* or any other part of Mexieo, bad not a
right, nnder the laws of war, to direct duties to be paid?
Mr. Vistoh?Tbat lathe eery thing lam talking
ibout I will speak of the government as a sovereign
ar conqueror
Mr. C. J. lirutsiOLi.?I did not mean to say anything
tt presents 1 merely wish to intimate that I do not
luhse- I be to the argument of the gentleman from Ohio.
I enll attention to the dense of the constitution, end
ehlch has been p eased on by the 8 u pre me Conn of tbe
United States; that la to say the eighth seetivn of the
list article of the eoaatitutlon, rl*: congress has
power to declare war, grant testers of marqus and reprisal,
and make rulee concerning captures on land
ind water. 1 hare no doubt of tbe right to levy contributions,
but can you raise money in this way, and
lirpore of it afterwards ?
Mr. Vimton said tbat hs was speaking of whnt the
Executive/ha- the rigbt to do. Toe Lseeotlre, as the
commander-la chief of tbe army and navy, (for on
this basis he places his argument) has a right to lev*
military contribution* on (Da property of th* enemy. '
I hob being tb* Mpumption la rlrtu* of hi* potr*r m
th* eoMudtrof tk* Amertonn or my, th* question
u I*m, on ?uon may military ooatrlbution* be lofted ? .
It la done nadrr th* form of law mooted by th* Pr*?tl*nt.
la hen the eonnneodt-r of an Amariaon ihlp. or
i neutral, toon Into Vara Cru* she I* mod* to pay
;oetikbutioa*. H? 1* mad* to pay that thah oan
amy ba aiacted from tha enemy of tha ooon- J
tiy Did tba aonatitntloa arar aathorlia that J
jeeeriptloo of property to ha planderad ? The rr**l- '
lent say* that he haa fall power to leryfeontribatlone ,
Llraat mat It I* ao, tb* question nrlee* In a monaiohlsal
country aot la airpnbllo. Bnt If the right to
levy contributions ba eoneeded, (till tba Inaulry ort*e*
i* to the nature of the thing to ba dona. Tne Presllent,
a* tha eoiumaodar-in-enlef of tba army, ha* an
undoubted right; bnt whan we eoma to rwgnlate oonnneiaj
mt?rccui>*, not only with a neutral, but with
lotat*n nation* that, a* a matter of eouraa, I* here, a
lagleiartve power Duty on ?omn*r<* I* a tea on
commerce It la with Congro?a, and not with the
raeewtlr* department of the government And, beside*,
It I* apparent; no one ean mistake, If tha President,
aa military eoiamemW. *iae? donee In n loraign
roentry, ha ean do anything he pieaaea II follow*
that he wonld bar* the right to negotiate a treaty of
paaee. and not tha people ; It fotiowe, a* a matter af
anna, that ha la n daepet, for eaeiabtng the power j
[ERA
19.
and b? may carry no th? war la vplta of tbo will of ch?
Latum-iu >pit? of Oon(r?m The appropriation*. for
a limited time for the nupport of tb? army, arc a ra
atiintmn fin I hn a?a?ntt*. n..? ?W- - ?I
itr ct ion ?hn t?itr the Kx?cvtl*? |?t> poMtPnlon of a
port'On of tbe enemy's couutry. oaa lory coatiibuiUns,
and disburse then without the a >nnit
of t'ODirrM. If b? oannet levy contribution*
without the content of Congress. it will
follow, a* a consequence. that the uiou-ys thus
ra'*rd c?n only be disbursed by authority of Contra**.
The President has raised the noney without the authority
of Congress aud iHibttMf it without tne au
b? rity ui CorgreMi. Krom the moment he (Mr Vinton)
tlri-t *aw the order which wait i**u*d. ha was
tati-tied that it was an unooaatltutloaal order. He
ba>< no doubt that aoy persona on whom the levy was
made (citizen* of the United States or neutral*,) and
who submitted to the exaotion, wculd bring suit
ipainm the agent who ooileoted tha money, or against
the President, who ordered it to ba paid.
a RKtropisr.
Mr. Stakton presumed that tha gentleman would
not deny that the I're-ident la the oommandar iu
ehief ot the aruiy and navy, and that on taking postesa.ou
01 the seaport* of Mexioo would have beak
bound, aa the representative of this government, as
thu bead ot tbe army, to eolleet, by means of agents,
the leveuue of the governoieut of Mellon at tnese
port# Suppose the iVlaxinan government levies a
duty cf five dollars < n a barrel of flour, thr. commander
ot the Amencwu army might, it he thought pioper, axelude
every barrel ol Hour; but he has the discretion
to permit them to euter. If ha did so, ha oould ap
point i Dicers of the ou*toma to oolleut tbe reveoue.
If It be bis du>y to seize the revenue of the Mexican
government, he might, without a breach of duty, say
be would take only two dollars and til'ty oeuis as a
duty on eauh barret of tlour.
Mr o J inuKMMiLi.? IVhat will ha do with the money
when be gets it?
Mi. !vi ahion? ] bat is a different question.
Mr. InnkHsoi.L? By tbe lawa of war the President is
empoweied to distress the euemy by ail mauner of
mesne By a law of Congress, tbe l'redd*nt was authorized
10 prosecute tbe war to an honorable conolurtou.
Kor tost purpose, witnout reference to the laws
ot rations, we kuow what ought tn he don*. Wben
propeity is taken, it Is at enoa, without saying what
is to he done with It What is the doctrine of tbe
IkWS l I' Drive* tnri ctitMir-t* K nk* It v. 1- jr-ur-l
that Congress rnuit say what into he done with the money
Afer the ear in declared, if the Preaident takes
the money and f p-ini - it without the auction of Congreis.
he may i arry ou ti e war eternally.
Mi Sianton resumed, and in the course of his remarks
said that the I'leaidrutbad not aoced oontrary
to law. The President had bad very atrong support in
thin matter Irom the stleuce of both lloune.i of Couplers,
from the beginning to the olose of the war. (Oh
no; to, no ) It ie true a resolution of inquiry wan
i Outtd. hot at no time pressed bj the House At no
tine did any gentleman propose to regulate, render
the clause eftne constitution, or la eny other way
define the power to exeroiee this duty by the President.
Mr VinTon?The gentlemen states that It was eoquiennrd
in Lai-t seai-ion the snhjeot was referred to
a committee of the House, to Inquire Into the authority
if the President to levy tain end to disburse the
miniy. During last session, the War Department
tenta communication to the Committee of Ways and
iVUaue. ashing fur the adoption of some law by which
officers rotild settle their aconunts The committee,
however, refused to act upon the subject; they refused I
to extend any relief viewing, as a majority of them
did the act ot the Kxecutlve as an usurpation.
Mr. Si istoN- -Then, by the admission of the gen- I
tliman. I have him In the position where 1 stand, it 1
was an Executive usurpation, he says, yet he did not
open hie lips, and did not bring forward any
measure to ears the constitution and laws from
violation. As to the legality of these contributions,
1 do not understand that any oave can be
mude such ee the gentleman froui Pennsylvania
(Mr. ingereoll) started a* to disbursement. As to the
legality of the contribution, I say my por-ition is utterly
unassailable; it was the President's duty to seize
the revenue of the Mexioan government; and then,
the i nly complaint against the President is, that he
bee not taken enough from our citizens, and neutrals,
and Mexicans.
A r Coi LzMKii remarked that this eould be done by
the government, but not by the Kxeeutire.
Mr tiTaMosi?The government has the right to
raise revenue of the Mexican government, the oommander-tn-ohlef
of the a tiny and navy takes poisestion.
Whet ie to be done with the revenue? Was it
not his duty to collect it bsfore Congress passed e law
telling him to do it? Does the gentleman deny that it
was the duty of the oommender-in-chief to make the
collections.'
Mr. Iollaiies?I certainly deny that.'
Mr ScHeaci? la it a fact that the President has
seized on the revenue of Mexico ? Has he not abolished
the revenue laws, and enacted a system of revenue
In piace of them ?
Mr Stzhioiv?I know perfectly well that it is incumbent
on those gentlemen to deny, in ordnr to
maintain the consistency of their doctrine, that the
omcera vouiu tie buuua to collect tne revenue aooor Jing
to ibe lawn ? but if jou coaealt the law of
nation*, and ibe authorities admitted In ail times, jo?
wilt hiid that It is the duty of every commanding officer
to do preoissly what the President has done. I put
it to the ft id reuse of every lawyer, and every sensible
man, whither the oth er should have permitted ooamerce
to go on without the payment of any duties f
That wouid have been relief to the Mexicans from diffltuiiier,
and giving them a bonus
Mr heh> sea made an enquiry, whloh we did not
hvsr wiih distinctness.
Mr. Stanton noticed the remark of Mr. Vinton,
that the President bad levied contributions on eltitons
ant neutials Improperly. Not so ; he had power
to exolude loth. It was competent to blockade the
ports, instead of opening them to the oommeroe of nil
nations If ho can exclude commerce, he can admit
It without outies, if he choose to do so, or admit them
r.n the payment or duties.
Mr Vim on.?After the osptnre of Vera Cms, was
Ibe money to be left to go Into the Mexioan treasury 7
IV as it nit ours?
Mr Stanton.?Ah ! if itwasonre, it was tha duty
it the President to receive and take care of it. How
sou id the President justify himself before the country
if he bad not done so ?
Mr. Vinton.?Taxoa woro Imposed on our own
iltitens.
Mr Stanton ?This commerce was permitted to go
kvyond our own country. It was seising that whloh,
by the chances of war, bseama ours ; and, by the admission
of the gentlemen, the revenue became ours,
i be question of taking the money is different from
livbuu ing it; it was the duty of the President, and all
lis i flievra. te take the property and to apply it to the
>*uthioi the United States. Congress undertook to
Lake no law upon the subjeot, and eight months wsrs
illowed to pass away. Tbe committee of ways and
brans refused to act, although they were called upon
;o make regulatims. **
Mr Vinton.?The gentleman mistakes when he says
bat the committee were called on to make regulations.
The War Department cal.ed on the committee te make
mrae arrangement by which officers eould settle their
mcouute at the Departments This waaabout ths time
A the < unciusion ol tbe war with Mexico.
MfYSTANToN ?At the seteion before tne last, something
wee raid upon the subject. 1 repeat that there
sea no serious effort made to resist the President.
Mr. Miaix was permitted to state that that portion
if the President s mvseace referred to the Committee
in the Judiciary, contained an argument in favor of
be right or levying contributions. The majority of
be committee consisted of gentlemen from the other
ide, (whlgs.) and the subjeot was referred to two of
he members, with instructions to, report. Tbls they
levrr old. While he was very punctual, he never
itard ofany attempt to bring up the subject in any
augible lorm.
Mr. Nt anton.?That is precisely what I said. During
bs whole of last; session, running through eight
uonth*. they raw the President exercising a power
rbirh tnty believed to be unconstitutional, guilty sf
isnrpat.ons subjecting him to impeachment, if they
ind thought proper to provide in that way; and yet
entlvsoen d d not attempt to signal)** mat by atempting
to resist the Illegal proceeding ' They are reponsible
for the, oontinuaaoe ot the alleged usurpalofe,
because they did not attempt to resist it. They
eft tLe Impression on the country that It was bat tha
'oica of faction.
Mr. Vinton remarked that, at tbe last session, he
flevvd a resolution, inquiring by what r ght of author
>ui law.
Mr. Stsetow concluded his remarks, leaving the
object to the gentlemen who, when It waa In their
over to resist usurpatious, refused to do to
, voice re on the cHtutun or the mimtaev committer.
Mr. Botti obtained the 11 jot, amid erlea of.''adeuro"'
adjooru!" This, however, he did not'beed.
ie taid that, float the first moment tbe oider waa tuned
be regarded itaaan unwarrantable usurpation of
oair K.mertaintng that opinion; be felt It to be'bin
luty-aod be aald ibis In reply to tbe gentleman irom
tennesere (Mr. biantoa,) who called on thcwhigr to
mow why no effort waa made at tne last session to
ijriig tbla subject under consideration-he felt It to
>e Lie duty, In January or February, to preaentto tbla
ill nee tbe idvntlaal resolution, vetlatim tt lilirttim,
ehlcb wet aoopted tome t ree week* since, and on
bicb tbe answer of tbe President is predicated Ua
.be suapenrlon of tbe rales, almost every member on
he otbir aide veted against It. The reaeiution waa
never reached,and it died with tbe (last) eeyton itself,
to flimiy tiopreised was be with the iaapertenoe of tbe
inertiou, that bo took tbe first opportunity, at this
leiMon, to offer that same reaolutlen.again, 1'hUresouilon
waa permitted to pass recently, after tbe que*;l?ns
of tbe day were adjudged in the Presidential
d?f ilea.
Mr. btasTes suggested that this resolution was not
ttteirsi) for tbe passage of n law.
Mr. Boi ts- If there was no necessity for a taw, there
sas no necessity for refusing the passage of tbe rssoluuoa.
It Is tbe Information I want now, sir (desire
to say. (for 1 wish to aat fairly and Impartially towards
be Kxecutlve.) tbst I was anxious 10 make tna tall, to
iu< w <>a what nuihority he so acted, and to give him
i fB'r chance to justify himsrlf as best be oould. I relyrd
tbe document sa tbe most Important whtoh has
v?r beta communicated since I have occupied a seat
>u this floor I did not il*e to make a speech, bat will
iske part In the discussion when the proper time arlives
1 thank tbe gentleman from Ohio (Mr. Vinton)
ior tbe remarks which ba has made, aud aa still mire
ndebted to tbe gentleman liont NjMisylvania, (Mr
Ingessoll.) Inasmuch as what little nf said serves to
iks* that there aire some on the other side of tbe House,
L D.
T
TWO CENTS.
dirp< red to hold officer) rf th? ((iT#roiii?nt to ?just
nccouutkhtlity It won mr p<jrpo?w to move th? reference
of the richouk* to th? lulio'?rr < nin nftt??, hut
I will rote forth* motion "1 the uenMemno fr ><n Qoorgin.
I fcl'DM lb At th? Hmut will inrtulifii In m. rr-/.la.
eussion. and b?v? an a gum-nt on Wh sfdss. with *
il?? to hass aotion At ttio sanction of guntlujasn,
I diotp (h? previous qmstinn
Mr. Sianton?I woult iniulra whether thera la a
distinct motion to pilot
The hrtLKEa?The Cbalr did not bear auoh amotion.
Mr C. J. Ino>.a?OLL*al<l that he made a motion to
print
The flrst question w?* taken and decided In the af|
firn alive; the message waa teferred to a delect oommltt?e
of nine member*.
The messege waa ordered to be printed?yeas 103,
naj* to.
a iitiiiit, I
Mr McLank arose for the purpose of requesting Mr.
Eolteto coireot a statement.
Mr Born?I will do *? with pleasure. I said, in
my reu erk*. that gentlemen rvruse to vote for a suspension
of the rule*, to enable me to Introduce my resolution.
On reference to the journal, I do not find
that I made a motion for a MU>|iHO*ion of the rules, j
hare arot-rtuiued however that when the Home has
refuted to eupend the rules entry on the journal 1*
omitted It is possible that I confounded some other
resolution with this one, on which the House refused
to suspend the rules.
A Voick?Will the gentleman be go good as to tell OS
what the journal dot s say ?
Mr McLim:?It is at p*f? 323.
Mr. Both (reading from the book) "laid on the
able under the rule " Perhaps I aont*>und id this resi
latlon with some other. It may he p>*gih!a that the
House refused to ru>|end the rule, or made objection.
Mr Houston, of Alabama - I would ask. whether it
is to be presumed that the Clerk, who m a s worn olQoer
< f the 11' are. uttered a positive fuls- hood hy saying
that the resolution was laid nv-r under the rule
Mr. Botts- I did not mem to impute falsehood, but
o place myself in a proper position
By ibis time the members began to thin off. In the
lobtli s many ef them were seen putting on their coats
and bsts. ready to start lor dinner, It being now nearly
lour o'clock Within the bar not a dost.-n m-rubers
were in their seats, the mo: t of them were standing.
Several gentlemen desired to know ths question before
the Hunse.
The SrnAar.R. in replv. said he knew of none.
And now amotion was made that the House adjourn,
Which prevailed.
Our Paris Correspondence.
Paris, Dec. 13,1348.
Protjxct* of the French Rc/iubHc?Cauxeg of Cavaiffnnc's
Defeat?The Newtp-ijier Preu in
Fiume a peat Element af Revolution.
1 intended to have written you before this a
lett'r 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 hat of nearly, if not quite, all
the newspapers in France. They have increased
very much under the republic?nearly doubled in
num> er, and more than three times the number of
sheets printed.
I have made the acquaintance of an anonymous
correspondent (over signature of "Marcus") of
your's, who has written you, he says, some half
dozen letters. He is from Cincinnati. lie is a
very interesting companion, and, 1 learn, a man of
some considerable property. 1 think him decidedly
a nian of genius, and a good and thorough reI
ublican. He told me that the only reason he had
for writing to you was, that he admired your skill
and ab ility, enterprise and genius, and was much
delighted with the manner you handled English
politics. He has a great project in view, which,
li 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 certainly
conducted with the utmost |>eace and quietude.
1 uever saw an election at home pass of!
\uth bss noise, and certainly never with less
qunrri Iiiig and lighting; aud as far as news has
bet n received, it whs the same thing in all the
province s. Louts Napoleon Bonaparte lias an overwhelming
majority. The monarchists of Paris
coiibidcr this a triumph ol their prnmiples; but
from u-hut 1 net among the working pen fie, U is nnt
en; and / feel ware tnnt the great m'jnriiy of the
Fttnrh pe?j<le are really nntl truly republicans in
ftrltng. lliaveuo idea, that the march of democracy
can be stopped here or in Germany in any
other method than by blotting iiom existence trie
art ol printing, or by lettering the press, as u done
in llusbia, aud I had almost suitl in England; for
the newspaper press labors under so muny burthens
in England that it might almost as well be under
the bun ol censorship J net imagine the city of
Manchester, with its 100,000 inhabitants, ana no
daily newspaper. In lact, in all Great uritain
there is but one daily uewsjiaper published out of
London?the one in Glasgow?which h.is been in
existmte but about a year. There are two daily
nt wspepers in New York that nrintevery day more
impressions thin the whole daily press ot Great
Britain; and three certuinly, and I think four,
daily journals in Paris, that each publish as many
daily hs the whole daily press ol England, Ireland,
aud Scotland. There ate two reasons for this?
the first is the extraordintry burdens under which
the press nowlhbors in Great Britain; Bnd another
is (hut the people of France and the United States
sre better educated, and ot course more of a reading
community.
CnvaignHC m ;dea great mi stake when he stopped
the Prexre, aud othr r joun/uls ot Paris. He counted
not on (he great power ot the journals, and thought
he could hancfe tin m the same as a battalion.
Although it is not at all probab e any course would
have saved lum I'oni uefcut, yet hid defeat would
not lihve bceu so signal us it now is, hid he allowed
the journals to hove "said their suy." He
had |K<wer enough in his hands to have crushed
8i y irrnvU tliut eauld by possibility have been
raui d. it is now Baid thai he goes to Algiers, as
Governor again.
I was intorm<d to-dav, that Hoe's fimous
four <y lender piers would arrive in Paris tonight
from Havre, and so soon as they can get it
past the Customs, Mr. Iloe will put it up, and set it
in operation. I presume from whut information I
rere,ve here, that the demand for such michiuea
will be much greater than elsewhere for some time
to come. Mr. Hoe has arrangements for making
ih< rn here, as soon as this one is put in operation.
There are four papers now published in Paris, who
set up their forms twice regularly, und sometimes
three times.
The English papers say Paris is deserted, but
last Sunday there were as munv people and as
many carnages on the Champs felysfces as there
were last year at this time, under Louts Philippe's
reign. In Ihc?. I n? ver raw more there except on
ai me gieat file 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 estimate *>f their circulations, with
si me other interesting matter.
It will close with this opinion, that universal
suffrage is a fixed fact in France, and will never
be relinquished by the people, and that this Re]
ubi'tr it destined to he great, and a propagator of
r> publics tn Enri.pe, by the force of example. Don't
believe the English journals.
The Cholera at the Month.
[From.the Cincinnati Commercial, Ose. 80.]
Private despatch** from beloe represent the alarm la
New Orleans aaapproacblngalmoet upon Insanity, end
If we may rely upon* rumor* whioh bare gained eredrnce
at Memphis, and are from the nee telegraphed
here, the baelnees of New Orleans te In a state of temporary
suspension oeeaeioned by the depopulates laflue
nee of the cholera panto.
It Is said the principal receiving and ether houses
have refused to advance on or reoelvs freight#, and that
people ate leaving the olty by thousand* regardless of
business or business prospects?that several of tha
larger houses have closed, he. ho The Influence of
ihle turner has been felt here, and receive# credit
ameng business men. *o much *o. that the eteamwn
Ofo Washington, Diadem and Schuylkill, all freighted
for New Orleans, have foregone their tripe, and warn
taking their loads out last evening, und one of tha
boete>bad discharged and paid off her orew.
The fol owlng extract of u letter from a reliable
friend In Louisville, Isto the point, und gives bobm additional
Information on the subject. Tha letter In
dated the S7th, 10 P. M.
( < Tb* cholera Is, without, doubt, raging to a fearful
extent la New Orleans, where the mercury el-tod at 90
degrees on the evening of the 37th. Every boat that
reme up. was crowded with Southerners, who are flockIna
to the North to aacane tha nhhnevati MatUaiue.
lid iwj boat br1tgi?g up from thro* to light b?tt*o
ot nnf<rliiB*U,Ttetiui. Th* Memphis peek*t Staph* a*
riHhrd bar* to-Bight at aln* o'olook, with or** two
hatlrtl paaaangera. ghs* mpcrt* harlii yundtk*
WllfclBi, at Hmltblsad, with Bin* daad bodto* oa boated
i ? I that died dnriog tb* trip."J
Fishimo Bovnti*s.?The colleetor at Barnatabto
paid on Monday lust, lour thousand four hundred
dollars to the omcera and crews of cud-fishing
aelo. 1 bia is said to be but a small portion oT tha
sum claimed by the fishermen of the distnst; but
the circulars from the Treasury Department u*
, yery rigid In their instructions, so that many went
| away disappointed.
J