FROM ruR NEW York COURIER AND Esaulnrn.
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FROM YORK COURIER AND enquirer.


The PRESIDENT claims authority in the premises
as " Conqueror - and invokes the "laws of ma
tions" and " the rights of war; as his justification
for attempting what, by resorling to such sources,
he implicitly but conclusively admits there is no
authority for in the constitution.


And yet, out of and beyond the Constitution,
what is the PRESIDENT! Nobody-nothng. He
is wholly and entirely the creature of that insru-
ment. His whole power is defined by it, and
springs from il and what il does not justify can
not he justified at all.


But Mr.. Polk claims that he may subject the
commerce Of all the world, including that of the
United States with Mexico, to a tariff of duties in
vented by himself and his Cabinet and TO be col |
eced by naval and military commanders the point of the
bayone and by them be dsbursed' And all tbs extra
ordinary stretch of power he claims exercise virtue of
his eats "Conqueror," and under the of "Mi-
tary Contributions"
Now, military Contributions" is term which has a
well known, definite, technical meaning. II is Of the
rights Of commander in the field to from his enemy,
when he has the power and thinks expeden exercise it,
the in money in kind Of supporting his army In


this way he makes the the enemy and less
costly and oppressive his Government This strictly
speaking, the meaning of Military Contributions But
Mr. Polk includes under these exactons not from the
enemy but from neutral and American commerce and
TO think that because he may rghfy, of
blockade the ports of enemy and exclude from them
all commerce. he may therefore open them upon conditions
and himself at his will and pleasure prescribe those
conditions This is altogether erroneous The right OF
blockade clearly defined right of and such, after
the war is sanctioned by Congress- may be ghuly
ced by the President commander But the right
to trade to regulate trade with the enemys ports not an
incident in any shape of the power and resored to at
ALL only be resorted by authority of of Congress-


And why not this authority asked The emergency
which had called forth the policy ocoyee-to the
language of the lofty Bourbonsto the country is not sud
den 1t has been long oreseen and it the duty of
the President to submit his views this subject Congress
while session. His letter directing the Secretary of the
Treasury prepare the Executive Tariff bears date 23d
March, and alleges repeated reecons by Mexico of the
friendly overtures Of the United States for peace the
tive for proposing the to be adopted Hence is
obvious the emergency sudden and therefore the
possibility Of having the under
sdeaon long oreseen Indeed, elaborate article
OF the Union of Thursday night in justification Of this "
der in council reference made certain letter from the
Secretary of the Navy Mr. Mason laid before Congress-
which directions given naval commanders in the
Pacific collect duties according the existing American
Tariff in the ports they might occupy in California and this
letter held up by the Union foreshadowng the policy
since adopted for all Mexican ports II then clearly
the contemplation of the Executive, while Congress was
in session, to this expedien Why should he not
then have asked them to sanction it


The Union ners from the silence in Congress and in the
nation respecting Mr. Masons letter that import and pur-
pose approved. Is this extraordinary foundation
upon which to maintain the exercise of power which the
whole tenor of the Unions article shows that that paper
the ready minister Executive usurpaton considers doubt


? Was before heard that the silence of Congress,
during short and hurried session, upon topic brought
direct should aeged-by
onists authorizing the Executive perform
which is essentially Legislative and of the most important
sort of legislation


This very attempt, by nrecton plead the acquiescence
Of Congress in act about which they consulted
is tacit but orcibe admission that it deliberate pur-
pose avoid directly asking while claiming have indirectly
obtained, the sanction of Congress to the measure.


But it may be said the itself is be justified by
the necessity Of the II the necessity do indeed exist
it existed three months ago less than and therefore
Congress- whom, be often repeated belongs
solely the power of declaring and controlling war, and pro-
vdng for its and charges should have been called upon
do, if they should deem it right, what Mr. Polk has
done Of his volition.


But necessity is the tyrants plea. II under the
plea Of necessity that Charles made the attempt which
tuay cost him his and life, to collect shp-mo
ney !; and shipmoney simply money claimed to be
by the Kings prerogave without the consent of Par


lament Hampden whstood the clam for the principle and
for the amount-tbe palry Of twenty shngs,
which his share Of the tax puand the Parliament and
the nation stood by him.


The claim Of Mr. Polk identical in principle with that
of Charles in far aims raising ndepen-
IDENTIFY Of Congress- Charles did Of Parliament.


The theory and practice of laws and constitution are,
that the purse strings Of the naon being held by Congress-
whenever the Executive commits, disposed commit,
any wrong the Congress may off the MEANS and thus bring
him to The constitution Of the United States is
particular in regard the armed force that it spulates
press terms that :" appropriation to raise and support armies
shall be for longer term than two The object of this
provision monesty to keep the whole subject within the
troll Of the Legislative department But the President by his


order in council directs his officers Of the Army and Navy
Mexico to collect duties expressly in order to provide for
the expenses OF the war; He of his volton de-
termnea what these duties shall be- and how they shall be
SPENT well how they shall he collected and il the
estimates Of the Secretary of the Treasury be realized the
Executive may Congress defiance, and with his army
to levy money, he find swell his armies as long
as it shall suit him to play the game of war.


FROM THE sPRISGrIELD DAILY REPURIcAS.
: THE UNION OF THE PURSE AND THE SWORD
CONSUMMATED.


The boldest stretch of Executive power has Just
been promulgated. The President has waited for
/ al nd ayc;top toc, ,ho