The right in both cases exists
under the laws of nations. If the President can not order military
contributions to be collected without an act of Congress, for the same
reason he can not order a blockade; nor can he direct the enemy's
vessels to be captured on the high seas; nor can he order our military
and naval officers to invade the enemy's country, conquer, hold, and
subject to our military government his cities and provinces; nor can he
give to our military and naval commanders orders to perform many other
acts essential to success in war.
If when the City of Mexico was captured the commander of our forces had
found in the Mexican treasury public money which the enemy had provided
to support his army, can it be doubted that he possessed the right to
seize and appropriate it for the use of our own Army? If the money
captured from the enemy could have been thus lawfully seized and
appropriated, it would have been by virtue of the laws of war,
recognized by all civilized nations; and by the same authority the
sources of revenue and of supply of the enemy may be cut off from him,
whereby he may be weakened and crippled in his means of continuing or
waging the war.
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