The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-20
COMMUNICATIONS.
The Question OF hide mnity.

hope for any other indemnity from Mexico than that which
may be embraced in cesson to us of Mexican ter
rtory and that such cession would involve little
no actual loss on the part of Mexico inasmuch
as the portion of her territory in question is to her
of very inconsderable value utility, if ii be not in
facta burden 1t only remains to consider whether, in
the existing relations of the two countries can, under
the laws of Nations justly claim the right appropriate
any portion OF the Mexican territory, indemnity for
the losses and expenditures which have sustained
the hands OF that power.
War exists between the two nations, and as war
is at present the only tribunal to which nations can
resort it might be thought that we have a right to
retain all that that tribunal shall award to us.
But nation be justified by the law of ma
tons IN retaining possession OF anything which IT
has acquired by violation of that law 1t cannot Justly
claim the benefit of its own wrong -doing.
Admitting, however, that we had just cause for max
ing on Mexico, nothing be more clear than that
we entitled under the law of nations to exact ndem
nifty from Mexico for the expenses Of the war; either
the shape OF money or territory.
We might multiply quotations from Grotus, but ii will
be sufficient to cite two passages from Vatte who Is
explicit with respect to the right of nation to
exact indemnity from its enemy:
ga nation Fat war; every opportunity lays its hands
on the enemys goods appropriates them to ITSELF and
thereby, besides weakening the adversary strengthens IT.
self and at least in part procures indemniicaon an
equivalent either for the very cause OF the war or Tor
does itself justice. "-Vatel, book 3, chap 0, ). 100
SIN fine, nation sezes what belongs to the enc
my, his towns and Provinces Tor bringing hm 10 Iea-
sonabe conditions, for constranng him to accept OF
equitable and solid peace. Thus, much more is taken
from him than he owes, than is claimed of him
but this with design of restoring the surplus by treaty
OF peace. I'D. book D. Oh. Q, ). 100.
Such are the principles OF public law, with respect to
the rights of begerent, which now govern the most
enlightened nations of Europe-govern them in theory
and practice. The most striking practical commentary on
these principles is furnished by the conduct OF the allied
powers towards France in the year 1918.
In the spring of that year. Napoleon left Elba, and re-
turned France in consequence OF the alleged violation
of the treaty under which he had abdcated He
sumed the imperial crown, not fociby, but with the
quiescence of the French people and army He declared
that his purposes pacific The allied powers,
however, Immediately proclaimed war against France,
upon the single ground of Napoleons return 10 power,
and without waiting to ascertain what the course OF the
French, OF Napoleon. would be- After the capture Of
Paris the allied powers imposed upon France treaty. of
which the following account taken from Alisons His
tory OF Europe:
Lord Castereagh, NJ Nesselrode and M Talleyrand, all
difficulties were adjusted, and the second treaty of Paris
concluded in November, 1915, between France and
the whole allied powers.
BY this treaty, and the relative conventions which
signed the day, conditions of very
kind were imposed upon the French government: The
French frontier was restored the state in which stood
in 1870, by which the whole OF the territory far
from nconsderabe, gained by the treaty Of 1874 was re-
sumed by the allies In consequence OF this, France lost
the foresses of Landau Sarre Louis, Phipville and
Marienburg with the ad acent territory OF each Versox
with small district around it, coded to the canton OF
Geneva; the fortress OF Hunngen was to be demolished
but the little county of VenasD the first conquest OF the
revolution coded to France Seven hundred millions
Of francs E2s OooO00 was to be paid to the allied powers
for the expenses of the addition to which,
stipulated that an army OF 10000 men, composed OF 3d.
600 from each OF the great powers OF England Russia
Austria and Prussia and the lesser powers OF Germany
to occupy for period OF not less than three nor
more than five years, the whole frontier fortresses OF
France, from Cambay to Fort Louis including Vaencien-
mes and Quesnois, Maubeuge and Landrecy and this
large force was to be maintained entirely the expense of
the French government In addition TO this the different
powers obtained indemnites Tor the spoiaons inflicted
them by France during the revolution which amounted
to the enormous sum of hundred and thirty five
millions of francs more, (f2o, 100000 stering) hun
dred millions OF francs also provided to the smaller
powers, indemnity Tor the expenses OF the war;
that the total which France had to pay, besides
maintaining the army of occupation no less than fiji
teen hundred and thirty five millions of frances or E61
100000 sterling."
The only pretext for the the part of the allies
the apprehension that Napoleon, if they did not an
ticipate him, would wage against them. Ii this APP
prehenson were well founded, there is doubt that
they had the right to anticipate him: for nothing can be
clear the eye of justice and reason, than that
nation is not bound to wait until is attacked If 1t have
reasonable believe that enemy is preparing to
attack it. SO soon as it has reason believe, is fairly
warned that preparations making to attack IT. IT has
the right to the offensive This right springs
cessarily and obviously from the right of selfdeence
IT, therefore, government show that it had
to believe that the government people of Mex
leo preparing engage in hosies against It, and
that the alleged OF those contemplated hosties
was not just valid, they will make out stronger
cause of against her, without the necessity OF appeal
ing to the other numerous and serious causes OF complaint
against Mexico than the holy alliance had for their last
war on France-and quite good as is required
to entte them to the fullest exercise OF their rights and
privileges a belgerent nation.
Now, it is fact susceptible OF the clearest pre-
drawn not only from the statements of Mexican jour
nas but from the official declarations of their authorities,
that the people and government OF Mexico prepar-
ing to commit hoslites against for months before
our troops advanced to the Rio Grande and that the al
legged cause of these contemplated hosties exclu
sivey the annexation OF Texas to Union 1t is
torious fact that the administration OF General Herrera
overhrown by the people upon the exclusive ground that
the against u.s. against Texas, prosecuted
with sufficient vigor 1t is equally notorious, that not
only the people of Mexico voluntarily contributing
to the expenses Of this against u.s. but that their gov
eminent imposed contributions, and their Congress
toned loans, for the declared purpose of supporting the
On the I'd OF October, 1s45, than five months
before General Taylor crossed the rves Nueces edo
rial article. of which the following an extract appear
ed in the Dario Official, which is literally the govern
ment paper of Mexico. the establishment being owned.
and the editors appointed and paid by the government
'Whe no one is ignorant that the Texas war is bso-
lutey necessary TO prevent the Mexican republic from
being thrust with shame and gnominy from the place