The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-06


by belgsrent 81 province belonging TO another has
the effect oil suspending or abrogang the laws OF such
province. whether political Or municipal The conse.
the territory or part Of the territory of an enemy may BEL
and generally is 10 render the laws silent and suspend
their execution BY shutting up their courts and to this
quoted BY my honorable friend Il he will so permit me
10 designate him. In the fear, confusion, and violence
consequent upon the invasion and military occupation Of
province or territory BY the army Of an enemy the ad
ministraiion 81 the laws generally ceases; but the
laws themselves not suspended, further than they
would De by the prevalence OF peslence, famine or
c0ntag disease, other rendering their exec
ton temporarily dangerous or impracticable The
stution and laws OF State which sends forth inva
ding army do not follow il into the invaded country 10
operate over the people OF It. II they follow
At all it isonly in very restricted sense operating on
the invaders infer SCI in The form OF the rules and regu-
ations Of war; For all other purposes the law OF ma
t0ns is the law OF invaders Thus will be seen thai the
basis OF the senator's argument 10 swept away neither
political laws municipal being suspended or abrogated
by military invasion and occupancy The answer there
FORE to the question, II the laws suspended, how
were they revived H. that they iccre not sispendsd and
need revuai But, at any rate the doctrine have
maintained would not BE- affected, even i the view pre-
scented by my honorable friend, that the political laws
suspended BY military invasion and occupation. was
correct; the courts having decided that slaveryis the
creature OF the municipal laws, and the municipal laws
alone
To prove that the view which have taken OF the SUBJ
ect Correct beg the attention OF the Senate TO the
language Of the Supreme Court Of the United States in
The usage OF the world Is IL nson be entirely sub
dued. consider the holding Of conquered territory
mere military occupation until lis tate shall be determined
cushion IS confirmed and The ceded errory becomes
part OF the nation which il Is annexed either the
terms stipulated in The treaty Of cession. such as is
new master shall impose. On such transfer OF terrific " ii
has been held that the relations Of The Inhabitants
with each other undergo change Their relations WITH
their former sovereign dissolved and relations
created between them aud the government which has
CURED the erritoy The same act which transfers their
country transfers the allegiance Of those who resin In III
aud the Law which may BIO dencmnaed political Is neces
sariy changed although that which regulates the inter
course and general conduct Of individuals remains in force
until altered BY the newly. creaed power Of the State
And further on the following language is used:
has already been stated that all the laws which
force IN Florida while province Of Spainthose excepted
which Wee political Y their character which concerned
me relations NE people ana tnss - re
United States No flaws could then have been in force but
those enacted by the Spanish governments
There is also another authority. read from Peerss
Reports, page SO
may be unworthy OF that II Is very unusual
sv ~ cases n eo1qas Tor the conqueror to do than to
d,splce the sovereign, and assume domnon over the
which i acknowledged and felt BY he whole eipii,ssa
geasraly roaisoa,sd and private rights aauaiisd nc
people eanss Their aasg,anse Their relation g Their cncrnt
their rights oil properly remain undis,urbed this be the
modern rule even IN cases Of eonqacsf wh can doubt It's
application the OF an amiabe resson Of territory?
From the whole scope OF the arguments contained IN
these extracts, il evident that the laws oil province
territory suspended abrogated by the invasion
gasss Of he COURT su Ds holding q IL territory s
10 be considered "as mere military occupation OF il until
its fate determined BY the treaty OF ace . and than. y
be ceded the relations oil the people with their former
sovereign are dissolved and the law which may be de-
nominated political il necessarily changed But II is the
cession conquest which works the dissolution Of tue
allegiance of the people and the change OF the political
laws, aud the invasion and possession by enemy
Before proceeding to notice another argument Of the
honorable senator desire TO recur 70 the question which
be propouaded and the answer which he gives TO Il
Speaking OF armies entering Mexico and occupying
al various points, he asks, SHOW, what became OF the
Mexican laws and constitution during the invasion, aud
while the American armies took and held possession 7"
And he that "the law OF nations would pilhily
respond, with the leges silent inter arna, which Atheists
The presence OF the conqueror, and procaims the su-
pfemacy oil military domination. But the superior hu
nauty and Characteristic forbearance OF American in
vaders lett them the free enjoyment OF those civil and
religious rights and privileges which the treaty Of peace
afterwards more formally, but just 10 is eren and
more, guaranteed and assured 10 them and things
NAMED during the hostile occupation As 10 all public
political rights, whether derived from the Mexican Law,
or the higher sovereign authority OF her constitutions
they were OF course and OF necessity superseded while
that occupation lasted" II the public political laws OF
Mexico were superseded during the period OF the nva
SION, and while the occupation lasted. follows, az % ter
mini, that others took their pacehose OF the United
Sales OF course Being superseded they ceased to
st. temporarily at least Tor Two conflicting constitutions
or systems Of political law could exist, and the
honorable senator admits they had ceased to exist
ney could be violated Where there no law there
can be no transgression Now. suppose Mexican
oice commanding fortress province occupied
by the American army had sold the American gen
era would he have been guilty OF lreasons Undoubt-
edy But treason rs an offence against the government
political odsncean offence against the political laws OF
the State. But it will be said that the Mexican govern
ment had ceased 10 exist and thai elsewhere except
the Territories occupied BY the invading army, ihese
laws were in force and that treason, wherever COM
nted offence against the government and against
them Suppose, howeverand the suppositon is Iegit-
provinces had extended 70 all the provinces Of the repub
Inc. What then Why that the laws being suspended,
superseded. and, for the time being, out OF existence
there could be no offence against them Such position,
my Judgment, 10 not maniainabie Military invasion
and occupation do suspend abroate The laws
only prevent their execution for the time beng
will now notice another argument used BY the hon
orsble senator to foy his position that slavery has e
existence IN the Territories acquired IRON Mexico, not
wIthsianding its abolition the mother country II IL
drawn from The fact that slaves accompanied army
during the invasion, and that even General Taylor was
whole campaign. This, he alleges so upright as
the old hero Of Buena Vista wond not have done, II he
had considered Mexico jurisdiction in which slavery
was prohibited. This Argument was, presume, used as
mere playful nterude TO the more serious ones wicn
preceded and followed IT, and which enforced with
so much ingenuity and elegance OF dction for the hon
orable could not have been in earnest ia suppo
sing that either Gen Taylor or any officer or soldier of
his army would stopto inquire whether his couduct
squared In every particular with the requirements of
Mexican municipal law II Gen Taylor had felt himself
restrained in the condsc OF the by the fear OF in
ringing The Mexican statutes, his first lookout would
have been for the penalty for assault and battery; and he
er he would make himself liable TO an action OF qaas
casva fuou by entering the close and treadnQ dom