instruc- tions have been given to all officers of the United States army or navy within this department, to take or kill every person of that character found so employed against the peace of the community." Tampico ^vas occupied by a detachment of the invading army. For Mexicans to sup- ply the place, while so occupied, with provisions and the necessaries of life, would indeed be doing what Mr.
Polk charged upon the Whigs, " giving aid and comfort to the enemy." The guerillas, or armed militia, had there- fore a perfect right by the law^s of war to seize and con- fiscate all supplies on their way to the enemy. It was doing no more than was constantly done by the Ameri- cans in the Revolution, when their cities were occupied by the invader. These " armed enemies" might indeed be killed in battle ; but Colonel Gates's order has no reference to Jightmg. In the plenitude of his powder, he gives every naval and mihtary officer the option of capturing or slaying any armed Mexican who may be found attempting to intercept supplies for Tampico.