WASHINGTON, _March 23, 1847_.
The SECRETARY OF THE TREASURY.
SIR: The Government of Mexico having repeatedly rejected the friendly
overtures of the United States to open negotiations with a view to the
restoration of peace, sound policy and a just regard to the interests of
our own country require that the enemy should be made, as far as
practicable, to bear the expenses of a war of which they are the
authors, and which they obstinately persist in protracting.
It is the right of the conqueror to levy contribution upon the enemy in
their seaports, towns, or provinces which may be in his military
possession by conquest and to apply the same to defray the expenses of
the war. The conqueror possesses the right also to establish a temporary
military government over such seaports, towns, or provinces and to
prescribe the conditions and restrictions upon which commerce with such
places may be permitted. He may, in his discretion, exclude all trade,
or admit it with limitation or restriction, or impose terms the
observance of which will be the condition of carrying it on. One of
these conditions may be the payment of a prescribed rate of duties on
tonnage and imports.
In the exercise of these unquestioned rights of war, I have, on full
consideration, determined to order that all the ports or places in
Mexico which now are or hereafter may be in the actual possession of our
land and naval forces by conquest shall be opened while our military
occupation may continue to the commerce of all neutral nations, as well
as our own, in articles not contraband of war, upon the payment of
prescribed rates of duties, which will be made known and enforced by our
military and naval commanders.
While the adoption of this policy will be to impose a burden on the
enemy, and at the same time to deprive them of the revenue to be derived
from trade at such ports or places, as well as to secure it to
ourselves, whereby the expenses of the war maybe diminished, a just
regard to the general interests of commerce and the obvious advantages
of uniformity in the exercise of these belligerent rights require that
well-considered regulations and restrictions should be prepared for the
guidance of those who may be charged with carrying it into effect.
You are therefore instructed to examine the existing Mexican tariff of
duties and report to me a schedule of articles of trade to be admitted
at such ports or places as may be at any time in our military
possession, with such rates of duty on them and also on tonnage as will
be likely to produce the greatest amount of revenue. You will also
communicate the considerations which may recommend the scale of duties
which you may propose, and will submit such regulations as you may deem
advisable in order to enforce their collection.
As the levy of the contribution proposed is a military right, derived
from the laws of nations, the collection and disbursement of the duties
will be made, under the orders of the Secretary of War and the Secretary
of the Navy, by the military and naval commanders at the ports or places
in Mexico which may be in possession of our arms. The report requested
is therefore necessary in order to enable me to give the proper
directions to the War and Navy Departments.