Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-09-21


years later na.ncy in l775 in the case of Campbell
y. Hail. usually known as the case of the Island OF
Grenada) sets down as among the propositions " IN
which both sides exactly agree which too clear
to be Denied the following
LaWs Of conquered country continue until they are
altered by the conquror The justice and antiquity oil hs
maxim nconoveIiihe and the absurd exception as TO
Pagans in Casins shows the universally Of the max
m-State Trials, pof. 20, p. 323.
If we turn TO old writers on the Law OF Nations,
we find the same principle, less clearly, laid
down.
Though Grotus does not speak to this point as ex-
plicitly later writer's, yet he devotes entire
chapter Book III. Chap. XV) of his work on the
Rights of War and Peace, an argument in favor Of
enient and mercIful treatment of the conquered and
(at paragraph X he declares, that to the conquered
even when deprive them of all jurisdiction. we
ought to leave their laws, their customs, and their
magistrates
Vattell's language is siror ger and more definite.
In his work the Law of Nations, speaking OF the
rights of conquest, he says:
elf is against the Sovereign alone that he (he en-
queror) has just oi complaint, plainly
evnces that he acquires other rights by his conquest
than such belonged to the sovereign whom he has dis
possessed and on the submission OF the people, he is
bound 10 govern them according 10 the Laws of the
State. Book 3, Chap. rii par. POI.
| But do not rest the case here. 1t is to be con-
ceded, that law precedcns out Of past century or
maxims drawn frum old volumes international
ii these precedents and these maxims conflict with
the dictates of moral sense the spirit of ad-
vaucing civilization. Law, ike all human knowledge,
is progressive. International law, the interpreter of
the moral sentiment Of the civilized world, is espe-
ciay so. Relics of ancient barbarsm are not to be
justified by obsolete precedent or exploded maxim.
But, in this inst, nee, the case is reversed The prn-
cipe have been asserting is emlnenilv Just, humane,
democratic The law which assures To the conquered
or the coded, the institutions under which they have
heretofore lived, is law designed, and well ada pted
to mitigate the horrors of war, To maintain popular
rights, to protect ihe interests of the weak aud the
unfortunate: for who weak and unfortunate as
People OF the mercy of conqUerori
Conquest has properly been regarded by the most
enlightened writers Legislative science a great
debt, the discharge of which is necessary to aequt
the conqueror in the eye Of humanity And the same
is true of cession, which is only mgated form of
conquest.
In accordance with these views find. that the
earlier and European authorities on this subject are
feeber and less definite than later The opin-
ions become clear and decisive they approach
our own time, and are adopted IN own country.
Grotus and Vattell are less strong and explicit on
this point of law t.au Marshall and Story. This
is what might be expected. In earlier days and un-
der kngly rule, scan limit set to the rights Of
the conqueror: bu, the seventies Of conquest were
gradually mitgsted by civilization and epublcanisn
OF this the following legal opinions, from the Reports
Of our own Supreme Court. may suffice in proof.
The first shall cite given in the of the
American Insurance Company D. Canter. This case
was originally tried in a subordinate court in South
Carolina, and the decision there adverse 10 the
principle for which am cOntendlng II was carried,
by writ of appeal, to tho United States Circuit Court
for the District of South Carolina Mr. Justice John
son (himself South Clronian and iurist of chi
nence) presiding. There the decision of the Court
below reversed. In the opinion in this case, de-
vered by Johnson, after alludng to the principle that
the right of acquiring territory Is incidental to the
treaty making power, he says
ain case Of such acquisitions see nothing in which
the power acquired the coded territories vary
from the power acquired under The law of Nations by
any other government acquired ceded territory
The Laics Rights and Institutions OF the Territory so
acquired remain ia full force, until righaiy altered By
the neao government. II Peterss Rep. p 5l7.
This is a decision made in South Carolina. the very
citadel of Southern State Rights, by one Of her own
citizens. But il did rest there. The was
taken up by appeal To the Supreme Court of the
United States, and the decision of the Circuit Court
there affirmed, the Court being unanimous in its opn-
ion, which delivered by Chief Justice Marshall,
as follows:
"The usage OF the world is if nation be entire
subdued consider the holding Of conquered territory
as military occupallon until It's late shall be de.
temined by the treaty of peace. If it be ceded by
treaty, the acquisition is conmed and tue ceded terri
tory becomes part Of the nation 10 which II annexed
either the stipulated by the treaty Of cesson
on such its master shall impose. On such
fer of territory has been held that the relations Of
the Inhabitants soh each other changed Their Tea-
tons ca their former soreregn are dissolved and new
relations created between them and the government
which has acquired their territory The same act which
transfers their country transfers also the allegiance OF
those who remain IN il, and the law which may be de-
nominated political necessarily changed; although that
ioheh regulates the intercourse and general conduct Of
driduaLs remains in force until altered Jy the neaoIy
ated po,oer of the State."-I Peters's Rep. p. 542.
Story, in his work The Constitution, (Book III,
Chap. rrrl) adopts the above opinion, almost in ex-
press terms His concluding sentence is:
"The act transferring the country transfers also the
allegiance of its Inhabitants; and the general laws, mol
strictly political remain ey until altered bg the
neao sovereign. "-VoL 3, p. 1874.
This case is one Of the very strongest authority.
An appeal is taken from the decision of inferior
court and two superior courts, the South Caro-
lima Circuit Court, the other the highest Judicial Tri.
bunal known to our laws, concur in reversing the de-
cison of the court below. and in affirming the doc
trine for which hero contend. There is no dissent
among the Judges of the Supreme Court, aud its
opinion is given by the most eminent urist that
presided its deliberations Finally, five year,
afterwards, one of the most distinguished lawyers Of
our own time IN ali elementary work on the C0nsti-
tuition, a work written in dispassionate moments a
work that has become standard, endorses and adopts
the opinion
might go on, until | should weary your patience
to quote decision after decision from the Reports oil
the supreme Court, bearing, more or less directly, on
the same point but content myself with one other
opinion, Of n comparatively late date (l63S) Ii was
delivered ny Mr.. Justice Baldwin,
According TO The Law of Nations, the rights Of pro-
perry protected even IN the case OF conquered
country, and held sacred and nvolae, when is ceded
BY treaty. with without stipulation to that effect; and
the laos eer in ,crng evidenced by the usage ana
customs Of the conquered coded country, continue
force until altered by the sovereign -12 Peerss Rep
Strother Lucas, p 1876.
The opinion here advanced and established by an
array o. authorities which might be indefinitely ex-
tended, has not been adopted hastily. suggested
by the OCCASION ! published il year ago; before