E415 .U58 *^ ' - -^ C. ."Lr*^ *' °^ .I'd- •^'^ U. S. President, 1845-1849 (Polk) ... Tariff of duties in the ports of Mexico. Message of ■<^' the President of the United States, in answer to a resolu- /A tion of the House of December 18, 1848, relative to the /^ establishment of a tariff of duties in the ports of Mexico, .'^ and the appropriation of the same. [Washington, 1848] '^ 10 p. 24"". (30th Cong, 2d sess. House. Ex. doc. 29) 1. U. S. — Hist. — War with Mexico, 1845-1848 — Finance, commerce, con- aX fiscations, etc. 2. Tariff — Mexico. /\ 5^"^- >* .4 f^O^ ^* '^^ '^^ •- '-^..0^ :. ^''^^ " -^o^ :M^n:^ ^^( ted States," and that "he shall take care that the laws be faithfully executed." When Congress have exerted their power, by declaring war against a foreign nation, it is the duty of the President to prosecute it. The constitution has prescribed no particular niode in which he shall perform this duty. The manner of conducting the war is 4 Ex. Doc. No. 20. not defined by the constitution. The term war^ used in that instru- ment, has a well understopd meaning among nations. That mean- ing IS derived from the laws of nations, a code which is recog- nized by all civilized powers, as being obligatory in a state of war. The power is derived from the constitution, and the manner of exercising it is regulated by the laws of nations. When Con- gress have declared war, they, in effect, make it the duty of the President in prftsecuting it, by land and sea, to resort to all the modes, and to exercise all the powers and rights which other na- tions at war possess. He is invested with the same power in this respect as if he were personally present, commanding our fleets by sea or our armies by land. He may conduct the war by issuing orders for fighting battles, besieging and capturing cities, conquer- ing and holding the provinces of the enemy, or by capturing his vessels and other property on the high seas. JBut these are not the only modes of prosecuting war which are recognized by the laws of nations, and to which he is authorized to resort. The levy of contributions on the enemy is a rigl^,t of war well established and universally acknowledged among nations, and one which every belligerent possessing the ability may properly exercise. The most approved writers on public law admit and vindicate this right, as consonant with reason, justice and humanity. No principle is better established than that ''we have a right to deprive our enemy of his possessions, of everything which may augment his strength and enable him to make war. This every one endeavors to accomplish in the manner most suitable to him. Whenever w^e have an opportunity, we seize on the enemy's pro- perty, and convert it to our own use; and thus, besides diminishing the enemy's power, we augment our own, and obtain at least a partial indemnification or e^juivalent, either for what constitutes the subject of the war, or for the expenses and losses incurred in ■ its prosecution; in a word, we do ourselves justice." "Instead of the custom of pillaging the open country and defenceless places," the levy of contributions has been " substituted." " Whoever car- ries on a justwar has a right to make the enemy's country contri- bute to the support of his army, and towards defraying all the charges of the war. Thus he obtains a part of what is due to him; and the enemy's subjects, by consenting to pay the sum demanded, have their property secured from pillage, and the country is pre- served." These principles, it is believed, are uncontroverted by any civil- ized nation in modern times. The public law of nations by which they are recognized, has been held by our highest judicial tribunal as a code which is applicable to our "situation" in a state of war, and binding on the United States; while in admiralty and maritime cases it is often the governing rule. 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 late war with Mexico was just on the part of the United States, I did not hesitate, when charged by the constitution with its prosecution, to exercise a power common to all other nations, and Congress was duly in- Ex. Doc. No. 20. formed of the mode and extent to which that power had been and would be exercisedj at the commencement of their first session, thereafter. Upon the declaration of war against Mexico by Congress, the United States were entitled to all the rights which any other nation at war would have possessed. These rights could only be demanded and enforced by the President, whose duty it wa's, as '' commander- in-chief of the array and navy of the United States," to execute the law of Congress which declared the war. In the act declaring war, Congress provided for raising men and money to enable the Presi- dent *' to prosecute it to a speedy and successful termination." Congress prescribed no mode of conducting it, but left the President to prosecute it according to the laws of nations, as his guide. In- deed, it would have been impracticable for Congress to have pro- vided for all the details r-f a campaign. The mode of levying contributions must necessarily be left to the discretion of the conqueror, subject to be exercised, however, in conformity with the laws of nations. It may be exercised by requiring a given sum, or a given ameunt of provisions to be fur- nished by the authorities of a captured city or province; it may be exercised by imposing an internal tax, or a tax on the enemy's commerce, whereby he may be deprived of his revenues, and these may be appropriated to the use of the conqueror. The latter mode was adopted by the collection of duties in the ports of Mexico, in our military occupation, during the late war with that republic. So well 'established is the military right to do this under the laws of nations, that our military and naval officers, commanding our forces on the theatre of war, adopted the same mode of levy- ing contributions from the enemy, before the order of the Presi- dent, of the 3lst of March, 1847, was issued. The general in com- mand of the army at Vera Cruz, upon his own view of his powers and duties, and without specific instructions to that effect, imme- diately after the capture of that city, adopted this mode. By his order of the twenty-eighth of March, 1847, heretofore communi- cated to the House of Representatives, he directed a "temporary and moderate tariff of duties to be established." Such a tarifi' was established, and contributions were collected under it and applied to the uses of our army. At a still earlier period, the same power was exercised by the naval oflTicers in command of our squadron on the Pacific coast. ** * * * * * * Not doubting the authority to res&rt to this mode, the order of the ihirty-first of March, 1847, was issued, and was, in effect, but a modification of the previous orders of these officers, by making the rates of contribution uniform, and directing their collection in all the ports ©f the enemy in our military occupation, and under our temporary military government. The right to levy contributions upon the enemy, in the form of import and export duties in his ports, was sanctioned by the treaty of peace with Mexico. By that treaty, both governments recog- nized, * * and confirmed the exercise of that right. By its provisions, "the custom-houses at all the ports occupied by the 6 Ex. Doc. No. 20, forces of the United States," were, upon the exchange of ratifica- tions, to be delivered up to the Mexican authorities, "together with all bonds and evidences of debt for duties on importations and ex- I portations not yet fallen due^'' and "all duties on imports and on exports collected at such custom-houses, or elsewhere in Mexico, by authority of the United States," before the ratification of the ■ treaty by the Mexican government, were to be retained by the i United States; and only the nett amount of the duties collected i after this period, was to be "delivered to the Mexican govern- ' ment." By its provisions, also, all merchandise, "imported pre- i viously to the restoration of the custom-houses to the Mexican au- \ thorities," or "exported from any Mexican port, whilst in the oc- i cupation of the forces of the United States," was protected from ' confiscation and from the payment of any import or export duties to the Mexican government, even although the importation of ' such merchandise " be prohibited by the Mexican tariff." The j treaty, also, provides, that should the custom houses be surren- ' dered to the Mexican authorities In less than sixty days from the J date of its signature, the rates of duty on merchandise imposed i by the United States, weve, in that event, to survive the war, un- ! til the end of this period; and, in the meantime, Mexican custom- \ house officers were bound to levy no other duties thereon, "than the duties established by the tariff found in force at such custom-houses, ' at the time of the restoration of the same." The "tariff found in i force at such custom-houses," which is recognized and sustained by | this stipulation, was that established by the military order of the , thirty-first of March, 1847, as a mode of levying and collecting military contributions from the enemy. | The right to blockade the ports and coasts of the enemy in war j is no more provided for or prescribed by the cori.sti!ution than the ' right to levy and collect contributions from him in the form of ^ duties, or otherwise; and yet it has not been questioned that the ^ President had the power, after war had been declared by Congress, ' to order our navy to blockade the ports and coasts of Mexico. The j right in both cases exists under the laws of nations. If the Presi- j dent cannot order military contributions to be collected without an^ j act of Congress, for the same reason he cannot order a blockade; ;i nor can he direct the enemy's vessels to be captured on the high ' seas; nor can he order our military and naval officers to invade the ; enemy's country, conquer, hold and subject to our military govern- | ment his cities and provinces; nor can he give to our military and naval commanders orders to perform many other acts essential to success in war. i If, when the city of Mexico was captured, the commander of our | forces had found in the Mexican treasury public money which the ; enemy had provided to support his array, can it be doubted that he ] possessed the right to seize and appropriate it for the use of our , own army'? If the money captured from the enemy could have been I thus lawfully seized and appropriated, it would have been by virtue of the laws of war, recognised by all civilized nations; and by the same authority the sources of revenue and of supply of the enemy ! Ex. Doc. No,. 2a 7 may be cut off from him, whereby he may be weakened and crip- pled in his means of coatinuing or waging the war. If the com- manders of our forces, while acting under the orders of the Presi- dent, in the heart of the enemy's country and surrounded by a hostile population, possess none of these essential and indispensa- ble powers of war, but must halt the army at every step of its pro- gress, and wait for an act of Congress to be passed to authorize them to do that which every other nation has the right to do by virtue of the laws of nations, then, indeed, is the government of the United States in a condition of imbecility and weakness, which must, in all future time, render it impossible to prosecute a foreign war in an enemy's country successfully^ or to vindicate the nation?;! rights and the national honor by war. The contributions levied were collected in the enemy's country, and were ordered to be "applied" in the enemy's country "towards defraying the expenses of the war," and the appropriations made by Congress for that purpose were thus relieved, and considerable balances remained undrawn from the treasury. The amount of con- tributions remaining unexpended at the close of the war, as far as the accounts of collecting and disbursing officers have been settled, have been paid into the treasury, in pursuance of an order for that purpose, except the sum "applied towards the payment of the first instalment due under the treaty with Pvlexico," as stated in my last annual message, for which an appropriation had been made by Con- gress. The accounts of some of these officers, as stated in the report of the Secretary of War, accompanying that message, will require legislation before they can be finally settled. In the late war with Mexico, it is confidently believed that the levy of contributions, and the seizure of the sources of public reve- nue, upon which the enemy relied to enable him to continue the war, essentially contributed to hasten peace. By those means the gov- ernment and people of Mexico were made to feel the pressure of the war, and to realize that, if it were protracted, its burdens and inconveniences must be borne by themselves. Notwithstanding the great success of our arms, it may well be doubted whether an hono- rable peace would yet have been obtained, but for the very contri- butions which were exacted. JAMES K. POLK. Washington, January 2, 1849. To the Senate of the United States: In answer to the resolution of the Senate of the 1st instant, re- questing to be informed whether "any taxes, duties, or imports" havebeen "laid and collected upon goods and merchandise belono-- ing to the citizens of the United States, exported by such citizens from the United Slates to Mexico: and, if so, what is the rate of such duties, and what amount has been collected; and, also, by what autho- rity of law the same have been laid and collected," I refer the Senate 8 Ex. Doc. No. 20. to my annual message of the 7th of December last, in which I in- formed Congress that orders had been given to our military and | naval commanders in Mexico to adopt the policy, as far as practi- i cable, of levying military contributions upon the enemy for the i support of our army. ' As one of the n^odes adopted for levying such contributions, it was staled in that message, that ''on the 3ist of March last, I ' caused an order to be issued to our military and naval commanders i to levy and collect a military contribution upon all vessels and i merchandise which might enter any of the ports of Mexico in our j military occupation, and to apply such contributions towards de- ' fraying the expenses of the war. By virtue of the right of con- quest and the laws of war, the conquerer, consulting his own ; safety or convenience, may either exclude foreign commerce alto- i gether from all such ports, or permit it upon such terms and con- | ditions as he may prescribe. ; "Before the principal ports of Mexico were blockaded by our \ navy, the revenue derived from import duties, under the laws of ; Mexico, was paid into the Mexican treasury. After these ports had 1 fallen into our military possession, the blockade was raised, and C(;^ramerce with them permitted upon prescribed terms and condi- ■ tions. They were opened to the trade of all nations, upon the ' payment of duties more moderate in their amount than those which i had been previously levied by Mexico; and the revenue which was , formerly paid into the Mexican treasury was directed to be col- j lected by our military and naval officers, and applied to the use of j our army and navy. Care was taken that the officers, soldiers, and ' sailors of our army and navy should be exempted from the opera- tions of the order; and as the merchandise imported, upon which i the order operated, must be consumed by- Mexican citizens, the ; contributions exacted were, in effect, the seizure of the public re- venues of Mexico, and the application of them to our own use. In j directing this measure, the object was to co'mpel the enemy to i contribute, as far as practicable, towards the expenses of the i war." A copy of the order referred to, with the documents accompa- nying it, has been communicated to Congress. i The order operated upon the vessels and merchandise of all na- I tions, whether belonging to citizens of the United States, or to i foreigner?, arriving in any of the ports in Mexico in our military j occupation. The contributions levied were a tax upon the Mexi- { can citizens, who were the Consumers of the merchandise imported; but, for the permit or license granted by the order, all vessels and j merchandise belonging to citizens of the United States, were ne- j cessarily excluded from all commerce with Mexico from the com- j mencement of the war. The coasts and ports of Mexico were or- | dered to be placed under blockade on the day Congress declared the war to exist; and, by the law of nations, the blockade applied to the vessels of the United States as well as to the vessels of : all other nations. Had no blockade been declared, or had any of our merchant vessels entered any of the ports of Mexico not Ex. Doc. No. 20. 9 blockaded, they would have been liable tobe seized and condemned as lawful prizes by the Mexican authorities. When the order was issued, it operated as a privilege to the vessels of the United States, as well as to those of foreign countries, to enter the ports held by our arms upon prescribed terms and conditions. It was altogether optional with citizens of the United States and foreign- ers to avail themselves of the privileges granted upon the terms prescribed. Citizens of the United States and foreigners have availed themselves of these privileges. No principle is better established than that a nation at war has the right of shifting the burden off itself, and imposing it on the enemy by exacting military contributions. The mode of making such exactions must be left to the discretion of the conquerer; but it should be exercised in a manner conformable to the rules of civilized warfare. The right to levy these contributions is essential to the success- ful prosecution of war in an enemy's country, and the practice of nations has been in accordance with this principle. It is as clearly necessary as the right to fight battles, and its exercise is often es- sential to the subsistence of the army. Entertaining no doubt that the military right to exclude com- merce altogether from the ports of the enemy in our military occu- pation, included the minor right of admitting it under prescribed conditions, it became an important question at the date of the order, whether there should be a discrimination between vessels and cargoes belonging to citizens of the United States, and vessels and cargoes belonging to neutral nations. Had the vessels and cargoes belonging to citizens of the United States been admitted without the payment of any duty, while a duty was levied on fo- reign vessels and cargoes, the object of the order would have been defeated. The whole commerce would have been conducted in American vesstls, no contributions could have been collected, aii I the enemy would have been furnished with goods without the ex- action from him of any contribution whatever, and would have been thus benefitted by our military occupation, instead of being made to feel the evils of the war. In order to levy these contri- butions, and to make them available for the support of the army, it became, therefore, absolutely necessary that they should be col- lected upon imports into Mexican ports, whether in vessels belong- ing to citizens of the United States or to foreigners. It was deemed proper to extend the privilege to vessels and their cargoes belong- ing to neutral nations. It has been my policy, since the commence- ment of the war with Mexico, to act justly and liberally towards all neutral nations, and to afford to them no just cause of complaint; and we have seen the good consequences of this policy by the ge- neral satisfaction which it has given. In answer to the inquiry contained in the resolution as to the rates of duties imposed, I refer you to the documents which accom- panied my annual^nessage of the 7th of December last, which con- tain the information. From the accompanying reports of the Secretary of War and the 2 IQ Ex. Doc. No. 20. Secretary of the Navy, it will be seen that the contributions have been collected on all vessels and cargoes, whether American or foreign hut the returns to the departments do not show with ex- aclne^ss'the amounts collected on American, as distinguishable from foreign vessels and merchandise. ^^^^^ ^ ^^^^ Washington, February 10, 1848. V-146 O V'-. C^ ^0 V, 3^^ux. o, * , , , *" ^^' -^^ r. '^^0^ :, y -iQM^^^;'^ ^^^^0^' o^^^mT" ^^\.v*., "<^^ "'* -"^ S\ ^*^..<.*'' :'M£^ \. ./ /^'v ^*..^*'' yMi'. \„.' ""^ ^^^=^ -^sfA". *^._,/ z^^"-. **..** yji\%i£.'. \,