Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-01-23

according the law of nations, not only the person who
makes the upon just ground; but schaerer
goged ia regular and formal toar becomes absolute propr
Of erery thing whic.he takes fom the enemy that
all nations respect his fi and the title of all tcao derre
through claim possessions which,
foreign relations constitutes The idea Of dominion
AS to the principle according to which the words
'.takes from the enemy be construed, Grotius
adds:
AIN this question upon the rights of nations have de-
cided that person understood to hare made capture
when he deiaius thing in such manner that the has
abandoned all probable hopes Of recovering a."
In regard ships for example, they held to be
captured, Grotius says, when they are carried into
some of the captors ports, to some place where
their whole feet is stationed" And to personal
effects generally, he informs US, that European pow
ers have made it established maxim of the law
of nations, that captures shall be deemed good and
lawful which have continued in the enemy's possess
sion for the space of twenty -four hours"
As to lands, the principle is the same, but the APP
plicaton somewhat different. Grotius's words are:
Islands not understood become lawful possession
and absolute conquest from the they invaded
For, although il is true, that amy takes immedlte and
violent possession Of the country which has invaded
that only be considered temporary possession,
cOmpanied by Of the tights and consequences alluded TO
in this work till 1t has been secured by some durable e1ns
by cession or by treaty"
And little further on is example of the s'dura-
BILE means" here spoken of. He says:
snow land will be consieted as completely conquered
when it enclosed dad secured BY permanent ortcaions
that other State sovereign have free
without first making themselves masters Of those fortfca-
tons On this account Faccus the Scian assigns
probable conjecture for .he oIsn Of territory
cause the enemy is deferred from entering it,"
Here without ccsson, without treaty. Notifications
held to be "durable means to secure territory,
and to give absolute title.
From all this the rule of law is clear. Temporary
possession of territory, by invasion, does not
confer legal title. Permanent possession does.
Possession to be permanent, must be secured by
cession, by treaty, by other durable MEANS for
example by Notifications. the latter condition was
strictly applicable in former ages, when, as Zenophon
expressed it, Z" in time of war the possession of
country is kept by walls stronghods and barriers"
But such is not now the CUSTOM and the law does not
| require what is nugatory and useless. Any other
condition of things which destroys all probable hopes
of recovery; which provides means as effectual as
were the fortifcations of oden tina, to deter the
enemy from entering conquered territory; does In
fact equally with that antique specification, confer
| legal title. Such condition of things is regular
government, formally established and duly admins
tered extending its laws the territory question
peacefully and with general acquiescence; organ
lied army and navy prepared to protect that govern
ment; but, above all. stable, enduring possession
entire possession, with not city, town. or even petty
fortress remaining in the hands of the enemy pos
secession undisurbed by any invasion that is respect
able formidable enough seriously to threaten re-
| conquest.
Such state of things exists, and has for years
existed, Texas. 1t eminently fulfls the condition
that possession shall be secured by durable MEANS
as to take away all probable hopes of recovery.
| fulfls it far effectually than do Zenophoni
walls strong-holds and barriers" The plain truth
is that the government of Texas shows at this yer,
moment signs of stability than that of Mexico
and that the province say the least Of it. has qu
as good chance to conquer the mother country, a:
the mother country to re-subjugate the 'progidce"
This, admit, has not, even since the battle of st
Jacinto always been 1t is Time, the eIlactor of
and voucher for, the Common Law under which VI,
live-it is Time that has perfected the Texian title
"What to-day Is fact, one has well expreSse
it. tomorrow becomes doctrine" For brief spac,
after Houson's brilliant victory, the world still re
manned In suspense to the ultimate issue of tn
contest The durable means had not yet been used
to secure permanent possession And while that con
dition of things lasted scrupulously did the Unite
States conform to its requirements In the autumn
1886. Texas formally applied for admission into on
confederacy. What did our Chief Magistrate-h
who now, in his retirement, bids as not delay Di
he evince las the gentleman from Massachusetts
charges that we have eyinced) indecent haste, t
obtain this rich territory Or the contrary he re
iected the overture g too early movement" sal
General Jackson, .mght subject US, however unustly
to the charge of seeking to establish the claims of
neighbors TO territory, with view to Its subscquen
acquisition by ourselves"
: A second time, in August, 1887, the Texans ap
piled, through their Minister, General Hunt, desirin
{ to be annexed to our Union. And yet again-thi
time by Mr.. Van Buren-the proposal was declined
Thus, in the early stage of Texian selfgovernmen
T we but acknowledged her independence existin
in fact We suffered year after year to set its seal
pcrmanefce on the existence and the institutions
the young republic, before permitted ourselves
accept any Offers however advantageous that involve
the question of the validity ldc of that indepent
: ence, and the consequent competency of Texas I
convey, under good title, her territory.
But the years of suspense and probation have passes
1t is weakness, not prudence, in longer to della
her full recognition. In former years we Judged til
fact of the independence of Texas for the time ben:
e and acknowledged her de facto. Now, we Judge
+ her permanent independence, and acknowledge ht
also de ure We are for ourselves, in both cases, ii
It judge That is, sovereign people, privileg
II What plea will Mexico or Mexcos friends set N
o in arrest of that Judgment bcthink of but one
Mexico has thousand times urged it. il is the bu
den of her Justification The plea is, that the Texia
e struggle was rebellion, not revolution; that II
Texans still but rebels and traitors and have
D Of the rights of enemies in war.
f 1t might be enough to reply, as Webster replied
!, Bocanegra:
The government of the United States does not maiuiai
n and has maintained, the doctrine Of perpetuity
natural allegiance And surely Mexico maintains
doctrine because her actual ting government like III
Of the United States, founded the principle that
may throw off the obligation of that allegiance 10 wh
& they were born"
3 But there lacks not authority higher than Webster
d. in the case VatteI has treated it at large Here
r the substance of his doctrine s1
"Some writers conne this term (civil Just insu
rection Of The subjects against their sovereign to distngo
+ that lawful resistance REBELLION which open
unjust resistance But what sppeation will they give to
f which arises in republic torn BY two factions; in
T monarchy between two competitors for the crown ~
IL