Mangum inclosing the statement from Generals Twiggs and Smith is dated the 26th, and my report the 19th ultimo, and was not, consequently, received at this Department until some days after the list for brevets was made out and presented to you. From the facts and recommendations of the official reports of the actions at Monterey I should not feel warranted in presenting Captain Holmes for brevet promotion without at the same time including on the same list many others not recommended in my report of the 19th ultimo; but as his conduct fell under the immediate observation of General Smith (General Twiggs commanded in a different part of the town). it may be proper to regard their statement, received since my former report was prepared and handed to you, as additional evidence of his gallantry and of claims to your particular notice. I therefore recommend him to be promoted major by brevet. I have the honor to be, very respectfully, your obedient servant, W. L. MARCY, PROCLAMATIONS. [From Statutes at Large (Little & Brown), Vol. IX, p. 1001.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas by an act of the Congress of the United States approved the 3d day of March, 1845, entitled "An act regulating commercial intercourse within the islands of Miquelon and St. Pierre," it is provided that all French vessels coming directly from those islands, either in ballast or laden with articles the growth or manufacture of either of said islands, and which are permitted to be exported therefrom in American vessels, may be admitted into the ports of the United States on payment of no higher duties of tonnage or on their cargoes aforesaid than are imposed on American vessels and on like cargoes imported in American vessels, provided that this act shall not take effect until the President of the United States shall have received satisfactory information that similar privileges have been allowed to American vessels and their cargoes at said islands by the Government of France and shall have made proclamation accordingly; and Whereas satisfactory information has been received by me that similar privileges have been allowed to American vessels and their cargoes at said islands by the Government of France: Now, therefore, I, James K. Polk, President of the United States of America, do hereby declare and proclaim that all French vessels coming directly from the islands of Miquelon and St. Pierre, either in ballast or laden with articles the growth or manufacture of either of said islands, and which are permitted to be exported therefrom in American vessels, shall from this date be admitted into the ports of the United States on payment of no higher duties on tonnage or on their cargoes aforesaid than are imposed on American vessels and on like cargoes imported in American vessels. Given under my hand, at the city of Washington, the 20th day of April, A. D. 1847, and of the Independence of the United States the seventyfirst. JAMES K. POLK. By the President: JAMES BUCHANAN, Secretary of State. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas by an act of the Congress of the United States of the 24th of May, 1828, entitled "An act in addition to an act entitled 'An act concerning discriminating duties of tonnage and impost' and to equalize the duties on Prussian vessels and their cargoes," it is provided that upon satisfactory evidence being given to the President of the United States by the government of any foreign nation that no discriminating duties of tonnage or impost are imposed or levied in the ports of the said nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the President is thereby authorized to issue his proclamation declaring that the foreign discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of the said foreign nation and the produce, manufactures, or merchandise imported into the United States in the same from the said foreign nation or from any other foreign country, the said suspension to take effect from the time of such notification being given to the President of the United States and to continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes as aforesaid shall be continued, and no longer; and Whereas satisfactory evidence has lately been received by me from His Majesty the Emperor of Brazil, through an official communication of Mr. Felippe José Pereira Leal, his chargé d'affaires in the United States, under date of the 25th of October, 1847, that no other or higher duties of tonnage and impost are imposed or levied in the ports of Brazil upon vessels wholly belonging to citizens of the United States and upon the produce, manufactures, or merchandise imported in the same from the United States and from any foreign country whatever than are levied on Brazilian ships and their cargoes in the same ports under like circumstances: Now, therefore, I, James K. Polk, President of the United States of America, do hereby declare and proclaim that so much of the several acts imposing discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of Brazil and the produce, manufactures, and merchandise imported into the United States in the same from Brazil and from any other foreign country whatever, the said suspension to take effect from the day above mentioned and to continue thenceforward so long as the reciprocal exemption of the vessels of the United States and the produce, manufactures, and merchandise imported into Brazil in the same as aforesaid shall be continued on the part of the Government of Brazil. Given under my hand, at the city of Washington, this 4th day of November, A. D. 1847, and the seventy-second of the Independence of the United States. By the President: JAMES K. POLK. JAMES BUCHANAN, EXECUTIVE ORDERS. WASHINGTON, March 23, 1847. The SECRETARY OF THE TREASURY. SIR: The Government of Mexico having repeatedly rejected the friendly overtures of the United States to open negotiations with a view to the restoration of peace, sound policy and a just regard to the interests of our own country require that the enemy should be made, as far as practicable, to bear the expenses of a war of which they are the authors, and which they obstinately persist in protracting. It is the right of the conqueror to levy contribution upon the enemy in their seaports, towns, or provinces which may be in his military possession by conquest and to apply the same to defray the expenses of the war. The conqueror possesses the right also to establish a temporary military government over such seaports, towns, or provinces and to prescribe the conditions and restrictions upon which commerce with such places may be permitted. He may, in his discretion, exclude all trade, or admit it with limitation or restriction, or impose terms the observance of which will be the condition of carrying it on. One of these conditions may be the payment of a prescribed rate of duties on tonnage and imports. In the exercise of these unquestioned rights of war, I have, on full consideration, determined to order that all the ports or places in Mexico which now are or hereafter may be in the actual possession of our land and naval forces by conquest shall be opened while our military occupation may continue to the commerce of all neutral nations, as well as our own, in articles not contraband of war, upon the payment of prescribed rates of duties, which will be made known and enforced by our military and naval commanders. While the adoption of this policy will be to impose a burden on the enemy, and at the same time to deprive them of the revenue to be derived from trade at such ports or places, as well as to secure it to ourselves, whereby the expenses of the war may be diminished, a just regard to the general interests of commerce and the obvious advantages of uniformity in the exercise of these belligerent rights require that well-considered regulations and restrictions should be prepared for the guidance of those who may be charged with carrying it into effect. You are therefore instructed to examine the existing Mexican tariff of duties and report to me a schedule of articles of trade to be admitted at such ports or places as may be at any time in our military possession, with such rates of duty on them and also on tonnage as will be likely to produce the greatest amount of revenue. You will also communicate the considerations which may recommend the scale of duties which you may propose, and will submit such regulations as you may deem advisable in order to enforce their collection. As the levy of the contribution proposed is a military right, derived from the laws of nations, the collection and disbursement of the duties will be made, under the orders of the Secretary of War and the Secretary of the Navy, by the military and naval commanders at the ports or places in Mexico which may be in possession of our arms. The report requested is therefore necessary in order to enable me to give the proper directions to the War and Navy Departments. The PRESIDENT. JAMES K. POLK. TREASURY Department, March 30, 1847. SIR: Your instructions of the 23d instant have been received by this Department, and in conformity thereto I present you herewith, for your consideration, a scale of duties proposed to be collected as a military contribution during the war in the ports of Mexico in possession of our Army or Navy by conquest, with regulations for the ascertainment and collection of such duties, together with the reasons which appear to me to recommend their adoption. It is clear that we must either adopt our own tariff or that of Mexico, or establish a new system of duties. Our own tariff could not be adopted, because the Mexican exports and imports are so different from our own that different rates of duties are indispensable in order to collect the largest revenue. Thus upon many articles produced in great abundance here duties must be imposed at the lowest rate in order to collect any revenue, whereas many of the same articles are not produced in Mexico, or to a very inconsiderable extent, and would therefore bear there a much higher duty for revenue. A great change is also rendered necessary by the proposed exaction of duties on all imports to any Mexican port in our possession from any other Mexican port occupied by us in the same manner. This measure would largely increase the revenue which we might collect. It is recommended, however, for reasons of obvious safety, that this Mexican coastwise trade should be confined to our own vessels, as well as the interior trade above any port of entry in our possession, but that in all other respects the ports of Mexico held by us should be freely opened at the rate of duties herein recommended to the vessels and commerce of all the world. The ad valorem system of duties adopted by us, although by far the most just and equitable, yet requires an appraisement to ascertain the actual value of every article. This demands great mercantile skill, knowledge, and experience, and therefore, for the want of skillful appraisers (a class of officers wholly unknown in Mexico), could not at once be put into successful operation there. If also, as proposed, these duties are to be ascertained and collected as a military contribution through the officers of our Army and Navy, those brave men would more easily perform almost any other duty than that of estimating the value of every description of goods, wares, and merchandise. The system of specific duties already prevails in Mexico, and may be put by us into immediate operation; and if, as conceded, specific duties should be more burdensome upon the people of Mexico, the more onerous the operation of these duties upon them the sooner it is likely that they will force their military rulers to agree to a peace. It is certain that a mild and forbearing system of warfare, collecting no duties in their ports in our possession on the Gulf and levying no contributions, whilst our armies purchase supplies from them at high prices, by rendering the war a benefit to the people of Mexico rather than an injury has not hastened the conclusion of a peace. It may be, however, that specific duties, onerous as they are, and heavy contributions, accompanied by a vigorous prosecution of the war, may more speedily insure that peace which we have failed to obtain from magnanimous forbearance, from brilliant victories, or from proffered negotiation. The duties, however, whilst they may be specific, and therefore more onerous than ad valorem duties, should not be so high as to defeat revenue. It is impossible to adopt as a basis the tariff of Mexico, because the duties are extravagantly high, defeating importation, commerce, and revenue and producing innumerable frauds and smuggling. There are also sixty articles the importation of which into Mexico is strictly prohibited by their tariff, embracing most of the necessaries of life and far the greater portion of our products and fabrics. Among the sixty prohibited articles are sugar, rice, cotton, boots and half-boots, coffee, nails of all kinds, leather of most kinds, flour, cotton yarn and thread, soap of all kinds, common earthenware, lard, molasses, |