making his estimate
of the amount of loan which would probably be required, reduced the sum
in consideration of the amount which would probably be derived from
these contributions, and Congress authorized the loan upon this reduced
estimate.
In the message of the 10th of February, 1848, to the Senate, it was
stated that--
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.
In the message to the House of Representatives of the 24th of July,
1848, it was stated that--
It is from the same source of authority that we derive the unquestioned
right, after the war has been declared by Congress, to blockade the
ports and coasts of the enemy, to capture his towns, cities, and
provinces, and to levy contributions upon him for the support of our
Army. Of the same character with these is the right to subject to our
temporary military government the conquered territories of our enemy.
They are all belligerent rights, and their exercise is as essential to
the successful prosecution of a foreign war as the right to fight
battles.
By the Constitution the power to "declare war" is vested in Congress,
and by the same instrument it is provided that "the President shall be
Commander in Chief of the Army and Navy of the United States" and that
"he shall take care that the laws be faithfully executed."
When Congress have exerted their power by declaring war again
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