The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-01


CONTINUED.
Again, in 1858 Dunkirk was conquered from Spain
by France and Eng and and given to the latter In
1862 October H. IT was ceded 10y Charles ii to Louis
XIV by treaty, and by the Slh article it was sipu-
lated, tnat # the King of Spain, from whom il was
taken 10y right OF arms should Try to regain IT in
two years, England was TO furnish " a considerable
nee' TO defend il, bot none after two yrars( Col
lection OF Treaties, p 1919 And did the and ever
become necessary?
Again, in l7l2, Denmark, in a war with Sweden,
took the Duchy of Bremen and Verdcn from the
la ter, who hJd held it under a tTea'y since 1913
and sold and coded it to the Eecor of Hanover. who
was then George | of England, and who held it
without Sweden ever pre,umng To make it cause of
war with Hanover or England.-(2 vol. Pun,nIoif's
Summary, p. BOP, $40, 25G 81
Lastly and directly in point, Guatemala wa,
acknowledged Independent in 1921, under the name
of United Provinces of Central America" CHA
pus, which had before belonged to Guatemala chose
to act independent Of Guatemala, and against her
consent, at leng offered to unie with Mexico.
and was admitted, and remains there This was in
lS35.-(See p ll3 and III, , KEN So 10 private
life and by the common law, party in possession
of land can convey and deliver properly without i'm
putatlons OF fraud and conspiracy, ayished here
and outstanding claims by third persons must be
Abandoned or peacefully prosecuted against the new
occupant and trespasser In Martin, b. !, c. (, aud
b. &, C. ), the true doctrine is laid down that State
and sovereign, if II governs itself and acknow-
lodges no Superior but God. Then others may not
only acknowledge such State as sovereign and in
dependent, but take grants of territory from IT, and
aid II, If It's cause is just and ii is posses
The opposite party will usually complain; and unless
policy forbid, will at times seek TO recover the land
or retaliate but seldom, il ever in protracted trou
bles, like this. IL Texas had injured u.s. and refused
redress, since her Independence was recognised in
1887, could we not righlluIly have made war on her
and, if conquering hold her territory # possible
against Mexico and the whole wOrl Surely. And
this settles the whole question OF The d. lure right OF
cession or transfer; for conquest is only nodo
transfer, rightfplly, by the law Of nations We have
obtained indemnity from her ~ one treaty since
1886, ard established even boundaries 9TH her b,
another. But how this has been doue with her right
fully, and not Mexico, if Mexico Is the Dc Dre gov
| eminent, It would be difficult 10 explain.
Regariing the territory Of Texas conquered b,
| its people from Mexico, which some do than thei
sovereignty 10 it is completed by the full assent Of
population; and their cesson is valid by like assen
OF them as well as their government.-(2 Burle
maque, p. 309)
I In war the title of all property seized on eithe
SIDE Is considered to bc in the actual possession aud
# afterwards sold 10 third Ierson, or third power
the title passes, and it passes beyond recovery Il
moveabes and If Of immoyeables, cannot be re
gained, unless by consent, or unless the original
chooses to risk for IT war, q Burlemaque, 297 an
succeeds IN the ware Wheaton, 2S9
Nor is IT any breach of treaty with Mexico to TAX
such a cession in such a case II is the right an
usage Of nations to do IT. They must deal with Tex
as as d. jure as well as de faeto government-as o
full age and possessing in the family of nations equa
rights and power with other nations. The doctrin
jus posiminii docs not apply unless the original own
er gets into possession q Wheaton, 10 y and 'mo
dihcaton of the rule may be required in practica
application" even then, il civil revolution is nike
up Grotius, b. ,, CHI. 6, sec. ~ But there is
breach Of treaty, there be NC guaranty OF terrific
ry in any of our treaties with Mexico, though ono
our ministers were instructed to make such guar
ATTY TO Spain of her territories west Of the MISS.
sppi Yet II is competent for Mexico to make III
cesson and union OF Texas with us, until her claim
are relinqushed, cause Of hostilities towards us
though, under all the circumstances Of the right Of ID
contest being in Texas before explained, II is not
Just cause Where revolt has occurred and its indie
pendeDce been acknowledged, third powers ma,
trea, IT, when in possession Of separate sovereignty
as independent, in all respects and IL former master