The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-23

% that the President was guilty of treason in permitting
be return Of Santa Anna. We were told yesterday that
IN the very act Of treating with Paredes the President
was secretly plotting with his enemy and that in this
st between Santa Anna and Paredes, he had taken part
with Santa Anna, the bloody tyant The President has
detailed the circumstances OF this II utterly
nossbe for him 10 prevent the return of Santa Anna
santa Anna returned IN a British steamerln neutral
vessel Who that knows anything of the law OF nations
needs to be tod thai the President could not have inter
ceped Santa Anna The vessel was free from search
But why should he have prevented his return The
gentleman says he was taking part with Paroles IN
eemitting il Now all the President did TO refuse
u take part with Paredes When the sworn enemy OF
this country had come into power IN Mexico, pledged
to prosecute the war against us, Santa Anna was plot
ting his downfall; and yet the gentleman Mr.. DAyIsl
would have had lntepose and preserve Paredes from
hjs enemy lie would have had us nterpose for the
purpose OF preventing intestine feuds and diseord In the
heart OF our enemy's nation! | would like TO know by
what rule OF law OF honor we were bound TO prevent
intestine commOton in the enemys country But must
s,ye this silly point OF assault and hasten to the next;
and that s that the President has been nsufper IN
abshing civil government, or in authorizing the estab
ishment OF civil government in the conquered territory.
Think the message OF the President, received yesterday,
has given the queuS TO that ground OF complaint am
here prepared, after full examination OF the subject
10 say that the most learned CIVILIAN could not
have pursued accurate and legal course
than has the administration with regard to this matter
should say nothing on this point II were not Tor the
very erroneous views which have been taken IN this de-
bate Of the rights and duties OF conquerlng nation
views which, proceeding from this hail. are calculated to
laws and practices OF nations leave very little room Tor
doubt on these points By them the rights and duties OF
conquerer are clearly aseertalned ana defined. The
mowers Of the earth have often been called upon to
act upon them that 1t could not wei be otherwise The
ne Of almost all the nations OF Europe TO the territory
now possessed by them IN that quarter OF the globe
was acquired By conquest When one nation conquers
and possesses itself oil the territory OF another the
queng succeeds TO all the rights and duties OF the
conquered and while It's possession continues there is
substitution Of the jurisdiction and authority OF the
for that Of the other Relative to the extent of the rights
Of property acquired by conquest there IS room for lit
tie doubt We acquire the rights OF the conquered
ton, whatever they are. Let what ordinarily is
the extent ni them:
The right of the State to its public property domain
abf0s, and excludes that Of its own subjects, well
rs The national proprietary right, respect
those things belonging 10 private individuals bodies
corporate within territorial limits absolute fa as
excludes that OF other nations but in respect the
Der, OF the State paramount only aud forms what
called tire eminent ln.-PhsaiOn's Ldc Of Nations,
?. ae
These are the rights to which conquerlng nation
succeeds succeeds to rights in public real property,
however subject 10 the doctrine OF "juS pos lrmrnu"
well the doctrine OF ''uti pdsHitts" In respect
to the rights OF the State TO its public real property
domain, the conquerng nation acquires right which is
absolute except 50 far as II is impaired by the just pos
lrminn" As soon as conquest is made, the doctrines
Of jus post iiHsiu and ''uh pdSsiditiS," Immediately
apply. According to the latter doctrine
This treaty of peace leaves everything H. the State in
which il found it, unless there be express stpua-
ton the contrary The srisng state Of possession is
a"s DC saa SS5 he e eomg% eosss Or pae
ihy remain lVih the conqEerCr, dHd his title cannot after
war, the conlueror in possession has only usuruc-
tuay right; and the latent title OF the former sovereign
unues until the treaty OF peace by its silent operation, Or
express provisions, extlngushes his title forever -Whsa
ton l.. ~ p 572.
According c the former, that is the gus post hminu"
the title acquired IN real property must be con-
fmed by treaty OF peace, long and permanent pos
session, before il can be considered completely VALID
for until such treaty, until the territory abandoned
tho I'll
TO econquest, upon which the original sovereign owner
would be restored to the possession of his dominions
and all intermediate alterations except to neutral, would
be avoided. But
sivey state of war; and therefore transfer
a before The peace even without judicial sentence Of
capture before the peace. The Intervention of peace GOV
all defects Of tite and vests lawful possession the
NEUTRAL III the same manner as quets the ute OF the hos
tile chptor Observation-Disclosures, L1w Of Nations
And here desire to call the attention OF the House to
distinction which, during this debate, seems TO have
been lost sight Of viz the difference of the rights which
conquerng nation acquires to real property, held by
the State and such has been granted to private ind
vlduas. According TO the laws OF nations modified
in modern times, the latter is free from confscaion in
ordinary cases, and nver 1t the conqueror only ac-
qures the eminent domain. But the title OF such
as still held by the state passes absolutely to the con-
9ueror subject, however, to the 'Jus post hminu."
The American and English judicial decisions entirely
IN accordance with these doctrines In the case of Ihe
foina, Dodsons admiralty reports, p 1907 that great
urst Sir W. Scott, decided most of these principles but
before proceed to quote his Judgment permit me to say
1t has been quoted and adopted by Judge Story in the
case United States Hayward which subsequent
y followed by the OF Rice decided unanimously By
the Supreme Court of the United States In the
TERED to, Sir w. Scott-who was let me here remark IN
all respects Of legal attainment superior, in my judgment
to Lord Eldon-delivered his opinion very fully mir
b. here read from this opnion.l The only difference
whatever between the rights OF nation in country |
which has conquered, even during Its military posses
sion OF It, and before peace, and In its original possessions
that IN the former the of recapture recession
IN the treaty of peace-uness in it otherwise provided
all intermediate acts of the conquering soveregns
perseded and avoided. But if the treaty of peace the
territory is retained; it, without any such treaty, the
possession becomes permanent then they confirm ed
his Is the law as to real property As to personal prop
ery, it is different The title of the captor to this
species of property is considered complete against the
original after twenty -four hours in respect TO
booty on land The rule originally considered
as applicable to captures at but the more modern
doctrine requires in respect to them formal condemna
original owner. OF course speak here of public prop
er1y Under modern usage, private property on land Is
respected In this there has been great modification OF
The law OF nations, in modern times In ancient times both
the movable and mmoveabe property OF the vanqushcd
passed TO the conqueror. Such was the Roman law and
even things which called "res SderG" not
empt from capture and coniscaton. And late the
conquest OF England by William of Normandy, the greater
part Of the lands partoned and divided among
The conquerors. In modern times, private property
and Is exempt from conhscaion, with the exception of
such may become booty in special cases, when taken
rom the enemy in the field in beseged towns, and by
military contributions levied upon the inhabitants Of the
hostile territory. This is the law applicable to this sub
ect and from it the House clearly what rights
we have acquired by conquest | hope and believe that
our title to none Of the property and territory have
aken will be renquished by treaty OF peace, other
wlse until all OF our Just claims Mexico satisfied