The examiner. [volume] (Louisville, Ky.) 1847-1849, 1847-12-25
Mexican war-Csnque-t will not make


We have been sndeavOring for some time to
attract the attention of Southern Lawyers an
Statesmen to this question-urSefAer CoHzrsss
has tbs Polcer 10 create ssusTy IA free territory
But strange to say, no paper, save the Nsp Or
Ieans Della, has ventured to consider discuss
it. That paper Of the 1lth contains an able ar
ticle on the subject, and we respectfully ask our
contemporaries of the city to notice or publish
it, II is very important that the lac should be
understood, and if it be, as the Delta writer de-
clares, and as we believe, it takes away from the
subject of the extension Of slavery, every thing
Of sectional character-an object which every
patriot should desire most heartily to accomplish
We give the Delta article, which has reached u
since we wrote our leader referring to the sub
ject, and in part quoting the same authOri-
ties:
The continued refusal Of Mexico to come 70
any terms of accommodation, leaving no hope Of
bringing the war to a close except by conquest,
1t becomes a matter Of deep interest to consider
what events may be expected TO occur after the
work Of conquest is complete. some prophets
Of evil have predicted the collapse and ruin Of
our institutions from the prevalence Of a mania
for battles kind Of rabid thirst for blood which
shall Precipitate usagainst all neighbOring cOun-
tries, involve US in endless civil conflicts, and
finally deliver us, spell-b0und by military glory,
into the dominion of some great warrior turned
despot OF emperor. The idea is disgraceful and
absurd: the men who formed this Government
were no less warriors than philosophers, and il
is presuming too much on our fears OF credulity
to tell Us, that the work Of their hands may 90
well enough in times Of peace, but cannot en-
dure the shock of arms. We know the contra
ry; and every day is demonstrating to the world
that the government, which has been well called
a model of pacific government, may serve
as well for model in war. Benign and foster
ing in peace, it will be found fully able to avenge
without peril to itself, ali wrongs which may
come from abroad, even to the cOnquering Of an
enemy and holding him in eternal subsection, L
necessity should 50 require. Who that is an
American at heart can doubt lit Rejecting.
then, this base suggestion, the inquiry with
which we set out again comes up, what Is 70 BE-
the reason Of the conquest of Mexico'
Now, one event Is certain, necessary and in
evitable, seeing that II grows out Of the nature
of conquest itself All authorities tell us that
conquest is the destruction Of the political exis-
tence Of one State by another, and in The seizure
Of all the functions Of its government, or, In
other words, its sovereignty; and, Also that 10 .
strictly limited by its definition embracing nOth-
ing whatever beyond il. Hence il follows, then,
that in the moment of its accomplishment con
quest fulhls its Office and disappears, and SOW
sreignty becomes substituted in its place.
This change Of operative causes-of conquest
of sOvsrsignty-constitutes the first event, and
it should be well noted, because Il is the only
one that is certain, since whatever Is done after
wards will be done by the power Of sovereignty,
and it is the essence Of that principle 10 act or
not, at discretion; and because, il the United
States do not exercise this sovereignty, Mexico
will remain, to all time, the same in the laws
ano the social relations of her inhabitants as al
present, and even the more securely, as what
ever we do not change win come under our
sovereign protection, and be guaranteed against
the interference of all others.
On this point there may be found in our na-
tional jurisprudence n brief passage on the
Law Of Nations, which is directly applicable,
and from the most eminent authority. In The
United States vs.. Percheman, Chief Justice Mar
shall says: " IL may not be unworthy of remark,
that II is very unusual, even in cases Of con-
quest, for the conqueror 10 DO more than to dis
place the sovereign and assume dominion over
" the country. The modern usage of nations,
which has become law, would be violated: that
sense Of justice and right, which is acknowl-
edged and felt by the whole civilized world,
would be outraged, If private property should
be generally con6scated, and private rights
" annulled. The people change their al
legiance: their relation to their sovereign Is
dissolved: but their relations to each other
" and their rights Of property remain undis-
=" turbed." Disturbance Of the relations be-
tween man and man, in a conquered country, and
the conhscation of private property, are here
placed on the same footing, and both by this
great jurist equally condemned When he
spoke these words he was deciding on Spanish
laws, and on the principle then announced he
upheld and enforced those laws
In regard TO those events which the United
States, az sovereign. may cause to happen, sPesu-
lation has wide feld--ne other than the pos