"
The treaty also provides that should the custom-houses be surrendered to
the Mexican authorities in less than sixty days from the date of its
signature, the rates of duty on merchandise imposed by the United States
were in that event to survive the war until 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 force at such custom-houses," which is recognized
and sustained by this stipulation, was that established by the military
order of the 31st 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 is no
more provided for or prescribed by the Constitution 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.
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