The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-21
CITY OF WASHINGTON.
SATURDAY NIGHT, AUGUST 81, Is47.


VIC laws VI tlc OHttcu pEtes.
The Supreme Court have decided, that by the conquest
and military occupation of hostile city, the conqueror
may acquire the right to "exercse the fullest rights of
Sovereignty therein:
That the inhabitants submitting and remaining, pass
undera temporary allegiance to the conqueror:
That the laws of the country, from which the city has
been wresed, 'can longer be enforced there or be
obligatory upon the inhabitants: :"
That the inhabitants are bound "by such laws, and
such only" the conqueror "chooses recognise and
impose"
Apply these settled principles to present relations
with Mexico, and what is the result The people of
New Mexico and California, of Maamoras, Monterey
and Salto, of Tampco Vera Cruz, Perote Puebla, &c.
&C., owe temporary allegiance TO the United States;
the avs Of Mexico have ceased to be obligatory upon
them, and they subject only to the laws of the United
States; the Mexican government has no clam obedi-
ence" from them for it affords them 'no protection
They to the laws of Mexico and especially her
enue laws, much foreign as New Orleans or Mobile,
New York Or Boston. They governed by the laws
of war; enacted and put force by Congress in the dec
laraon of war; and those laws it is the duty of the
President TO enforce.
Well, what are these laws of war They are laid
which they make prominent part.
Vatte an author more quoted on that subject than any
other, says page 3al that, when is declared sal the
subjects of the are enemies to all the subjects of the
other"
As soon we declare war;" says he, page $780, we
have right to do against the enemy whatever find
necessary for the purpose of bringing him reason and
obtaining justice and security from him." And further:
At present, is carried by regular troops. The
people, the peasants, the citizens take part it, and
generally have nothing fear from the sword of the enemy;
provided the inhabitants submit to him who is of
the country pay the contributions imposed and refrain from
all hostilities they live in perlec, safety if they
friends they continue in possession of that which be-
longs them the country people freely the camp
sell their provisions and protected far possible,
from the cames of war;. "If the general has any
msrus the peasanty and the inhabitants of towns he
has right dis;trm them, and require hostages of them
and those who wish avoid the caamtes of war,
the iaes tcch the enemy thinks proper TO impose
them. Page 352
'sAs soon your enemy has laid down his arms and
his person. you have longer any right
his m unless he should gipe you such right by
atfep or had before committed crime against you de-
serving Of death. Page 1853.
eve have a right deprive the enemy his possessions
everything which may augment his strength and enable
him to make This every endeavors
plish in the manner suitable TO him. Whenever we
have opportunity, seize on the eneny's properly,
and convert it to USE" &c.-Page 36f.
sThe right security often authorizes punish in
nsce or violence. 1t is additional plea fol depriving
an enemy part of his possessions. This of
,hassng nation is more humane than making the
fall on persons of her citizens With that view,
hings of value may be taken from hersuch as rights,
cities provinces."-Page 1884,
GAS the towns and lands taken from the enemy called
,onguests all movable property taken from him comes I'M
Ter the denomination of booty This booty naturally be-
ongs to the sovereign making less than the
ba has ella
nation as warrant him seize her property and
vert it 10 his His soldiers, and his aoxaries,
IRE only instruments which he employs in asserting his
light He maintains and pays them Whatever they do,
3 in his NAME and for him" ''But the sovereign
nav grant the troops what shares Of the booty he peases
Pages 36i-5.
sInstead of the custom of plaging the open country and
leenceess places, another mode has been substituted
which is at once humane and more advantageous
he beliigerent soveregn[ that of contributions
Whoever carries just war, has right to make the
nemy's country contribute the support of his army and
owards defraying all the charges OF the warp 800
Numerous other passages found in Vattel all tend
ng to the same conclusions.
Marten in his Law of Nations, lays down the follow
ng as part of the laws of war, viz:
"Thc conqueror has, strictly speaking right to make
of war all subjects of the hostile State who
nay fall into his power though they have committed no
olencc against him; and of he has right to
move them another country But now adays the con
generally carries his rights in this respect no farther
han submit such subjects to his domination, to make
hem teay him. TO exercise rights Of Sovereignty
hem, such raising and quarering troops among them,
making them pay tar obey his laos &c, and Furnishing
e5eis those to bray him shake off his yoke"-
Pages 2s6-7
'.The conqueror has right to seize all the property
II the enemy that within his power it matters not
whether be movable mmovable These seizures may
madelst In order obtain what he demands as his
lue, equivalent; ID To deay the expenses of the
war; 81. To force the enemy equitable peace; 4th
70 deter him. by reducing his strength, hinder him,
repeating in future the injuries which have been the
ausc OF the And. with this last object in Wow,
has right to destroy the property and pos
cssons of the enemy for the express purpose ofdong him
nische" with qualifications, however Page 237
Chity, in his Practical Treatise on the Law Of Ma
ions page CO. copies and adopts the doctrine condensed
md laid down by Marien in the foregoing extract.
Subject to a few admitted exceptions, not necessary
low to be considered, Mr., Wheaton says:
"From the moment State is with another, it
,as ON general principles, right seize all the enemys
property whatsoever kind and wheresoever found, and
appropriate the properly thus taken TO its
ha, OF the caplons -" theatoas Elements of International
Lar, u. 895.
''rhe ule 70 property lawfully taken war; may upon
general prnc plies, be considered Immediately Invested
the original owner. and transferred to the capor.
This general principle Is modified by the positive law of
laons In ia application both personal and real proper
~. As personal properly movabes the title is in
general considered lost the former proprietors soon
- enemy has acquired firm possession which,
general rule. considered taking place after the lapse
tweny-1ur hours sr the booty has been carried
INTO place OF safety nfra presidia of the captor"-