JAMES K. POLK.

WASHINGTON, _February 10, 1848_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 1st instant, requesting

to be informed whether "any taxes, duties, or imposts" have been "laid

and collected upon goods and merchandise belonging to citizens of the

United States exported by such citizens from the United States to

Mexico, and, if so, what is the rate of such duties, and what amount has

been collected, and also by what authority of law the same have been

laid and collected," I refer the Senate to my annual message of the 7th

of December last, in which I informed Congress that orders had been

given to our military and naval commanders in Mexico to adopt the

policy, as far as practicable, of levying military contributions upon

the enemy for the support of our Army.

As one of the modes adopted for levying such contributions, it was

stated in that message that--

On the 31st of March last I caused an order to be issued to our military

and naval commanders to levy and collect a military contribution upon

all vessels and merchandise which might enter any of the ports of Mexico

in our military occupation, and to apply such contributions toward

defraying the expenses of the war. By virtue of the right of conquest

and the laws of war, the conqueror, consulting his own safety or

convenience, may either exclude foreign commerce altogether from all

such ports or permit it upon such terms and conditions 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 fallen into our

military possession the blockade was raised and commerce with them

permitted upon prescribed terms and conditions. They were opened to the

trade of all nations upon the payment of duties more moderate in their

amount than those which had been previously levied by Mexico, and the

revenue, which was formerly paid into the Mexican treasury, was directed

to be collected by our military and naval officers and applied to the

use of our Army and Navy. Care was taken that the officers, soldiers,

and sailors of our Army and Navy should be exempted from the operations

of the order, and, as the merchandise imported upon which the order

operated must be consumed by Mexican citizens, the contributions exacted

were in effect the seizure of the public revenues of Mexico and the

application of them to our own use. In directing this measure the object

was to compel the enemy to contribute as far as practicable toward the

expenses of the war.

A copy of the order referred to, with the documents accompanying it, has

been communicated to Congress.

The order operated upon the vessels and merchandise of all nations,

whether belonging to citizens of the United States or to foreigners,

arriving in any of the ports in Mexico in our military occupation. The

contributions levied were a tax upon Mexican citizens, who were the

consumers of the merchandise imported. But for the permit or license

granted by the order all vessels and merchandise belonging to citizens

of the United States were necessarily excluded from all commerce with

Mexico from the commencement of the war. The coasts and ports of Mexico

were ordered to be placed under blockade on the day Congress declared

the war to exist, and by the laws 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 blockaded, they would

have been liable to be seized and condemned as lawful prize 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 foreigners 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 conqueror, 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 successful

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 essential to

the subsistence of the army.

Entertaining no doubt that the military right to exclude commerce

altogether from the ports of the enemy in our military occupation

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 foreign vessels and cargoes, the object of the order would have been

defeated. The whole commerce would have been conducted in American

vessels, no contributions could have been collected, and the enemy would

have been furnished with goods without the exaction from him of any

contribution whatever, and would have been thus benefited by our

military occupation, instead of being made to feel the evils of the war.

In order to levy these contributions and to make them available for the

support of the Army, it became, therefore, absolutely necessary that

they should be collected upon imports into Mexican ports, whether in

vessels belonging to citizens of the United States or to foreigners.

It was deemed proper to extend the privilege to vessels and their

cargoes belonging to neutral nations. It has been my policy since the

commencement of the war with Mexico to act justly and liberally toward

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 general

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 accompanied my annual

message of the 7th of December last, which contain the information.

From the accompanying reports of the Secretary of War and the Secretary

of the Navy it will be seen that the contributions have been collected

on all vessels and cargoes, whether American or foreign; but the returns

to the Departments do not show with exactness the amounts collected on

American as distinguishable from foreign vessels and merchandise.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk · 第 181 / 289 题