Weekly national intelligencer., 1848-07-29
SPEECH OF Mn. DUNCAN,
OF KENTUCKY,
On the resumption Of Pover BY the Erecutipe.

On, the Assumption Of Poucer By the ErecutiUe.
HousE OF REPRESENTATIVES, JULY "a, ls4S
The ouesion before House being the reference Of
The Presidents message relation to the establishment OF
Territorial Governments in New Mexico and California, &c-
Mr. DUNCAN of Kentucky, addressed the House as
follows
am pleased to find that disposition has been manifested
by some members this floor speak the subec: before
be House The message which has just been read pro-
duced by call suggested by the message Of the 9th OF July
which lies upon your table, and which has found its way
into the public journals appears to be, far was able
10 Judge by reading of by the Clerk, but eongaon
and defence of the principles set forth in the OF the
9th July Sir these two messages are, In my Judgment SO
full OF error and they contain propositions startling,
pugnant the first principles Of constitution and 50 sub
versve every thing that has hitherto been regarded set
tied by the laws of naons that cannot refrain from noticing
Of their extraordinary positions. II my belief that by
searching all archives find nothing 90 derogatoy
to American satesmanshp these public documents
emanatng from American CabiRe The mere statement
that in the nineteenth century civilized country now within
jurisdiction and subject to protection has by the act
OF President been reduced to state o absolute anarchy
that il is without any civil government, and must
till Congress shall establish one, well calculated to
cite astonishment aud produce alarm Such results have
rude and babaous ages, been generally pro
duced by war; and surely they ought 10 be found in this
enlightened age. They certainly not necessary and.
therefore, they demand the just not only of
the American people, but OF all christendom. Among other
this communication in Of the messages your table
The with Mexico having terminated. the power ofthe
Executive establish continue temporary civil govern
territories which existed under the laws Of
nations whilst they were regarded as
military occupation, has ceased BY their eession to the
nd has 70 he ". % without
organized government Should they be left in this cond
ton, confusion and anarchy will be likely to prevail"
is my purpose sir examine these statements of the
President, and demonstrate that they exhibit amentable
lack OF sacsmanshp and utter ignorance OF the laws OF
nations, and the theory Of constitution It is laid
down, believe by every respectable authority ancient and
modern the general rule that when civilized country
conquers anoher the in the conquered country
remain until they abrogaed modified by the conqueor
This think is clearly aud undoubtedly the rule Of the law
of nations. Can be believed that the effect of military
conquest state Of chaos and confusion To abrogae the
laws and destroy the whole civil government Of country,
and to make laws and organize government suited
TO the and the condition of people, necessarily require
some time for their accomplishment No wise and just
reign would attempt do such acts until his title by
quest complete and Is not faganty against
every principle justice and natural right to say that during
the deliberations OF the conqueror his code OF laws
all civil government overturned The conduct of "a
conqueng prince who would abrogae the laws and
the civil government of conquered province without promul
gazing laws and forming civil government would
shock the sentiments Of all mankind; and hence such
proposition is recognised by the law of nations which is
thing than system Of principles Of natural equity and
justice recognised by all mankind and therefore observed
by all civilized and enlightened nations There is not
eSpectaDe dutuOT OF modem
who that the laws of conquered nation do not remain
until they are changed by the conqueror.
Ihs question, must be known to every lawyer in this
House, up in the reign of James All who have read
Lord Coke know that brought before the British courts
with Lord Bacon counsel side and other emf
nent counsel the other | allude to Calvins case
He born in Edinburgh before the Unon After the
of union he brought real action, and the question
whether he was not alien. II alien, he could
not maintain the real action. This brought up these
questions and il that early day decided that until the
conqueror made alteration Of those laws the ancient laws
Of that kingdom remained The right alter the ancient
laws deduced from the principle that the conquerng king
had vits ne poteatem, and might therefore, impose such
terms as be might think proper
In earlier days had been maintained, IN the spirit pro-
duced by the Crusades that if Christian king conquered
nhde kingdom, insarti the laws Of the n6de alb
rogated because they epugnant Christianity and the
laws Of God and in such cases. they said that till laws
established by the king natural equity should pre-
rda the rule Of right But this doctrine al early
period qualified infde countries conquest in
this that all laws did cease but only such against
God. Of this kind is reported somewhere think 10
sslkeld.
Legal gentlemen also familiar with the great case Of
Campbell Il Hail. in which Lord Mansfield solemn argu
ment devoted his mind to the investigation of all the
leading questions resulting from conquest IL will be
bered that in the with France Great Britain had
the Island of Grenada capituaon granted prior to
the proclamation Of the peace Of 1853 The King had
ved by proclamation settlements Grenada and appointed
governor, with power TO call assembly to regulate the
civil government OF the island After that he undertook
levy duty OF per all the produce of the island
that should be shipped and this equitable duty,
because coesponded with the duties all the other British
Leeward Islands IL soemny decided in this case with
the appreciation Of all learned jus that it compe
tent for the King under those circumstances change
prevailing French laws after his proclamation appointing
governor with power TO assembly, and that he
could not change the French coniravcnton even Of
the terms Of cspiuaon. II conceded that not con-
uay to the terms OF the capuaon the treaty Of peace
the King bad the power, prtrogatipe Of his Totcn
alter the laws OF country conquered by British arms and
thus made dominion Of his kingdom This royal
right prescribe laws civil government was
held to be absolute right but night limited to such
changes of the laws contrary the Fundamental
principles of the British constitution. Lord Mansfield how
recognised the principles, which afterwards
laid down by iIusous jurst Chief Justice Marshall in
the Of Canter in LIST Peters, that the conqueng nation
when its conquest confirmed and completed, might change
the laws Of the conquered country.
Sir, by the British constitution, WHOSE deep foundations
laid IN feudal times, their King regarded th
fountain OF all honor and all power To him alone gver
the of making and making peace and when
acquisitions gained by conquest the conquered country
belonged 10 the King, and he the OF the country b
right o s eon, had the right abogaie the laws he
IN existence, and to make for the conquered country
limited however, by their constitution or the statutes Of Par
lament limiting his preogsve, and also by the conditions
the treaty which secured and confirmed the conquest Thi
power he could not exercise Of himself country derves
by descen, purchase. This power Of British King &
make laws or his conquered provinces prerogave Of
crown, II mistake not flowed or was derived from the prin