The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-18

| pIiHerSi ana UV turning loose fug1ttVeS under
emsded by y "o uonissoner If Of asrado.
T. She has afforded asylum to Indians. and
foot expeditions 70 invade the territory Of The
United States and to wage savage warfare upon
The people Of Texas, INCLUDING within It's scope
tursd Id TeYas, carried into Mexico. and held
ss slaves. $50, case. OF smith and others before
United States Frontier Comnission)
| The property stolen by the Indians has been
sold publicly In Mexico. and contracts for out-
illting Indians enforced by the Mexican author
| tiles.
| Under the extraordinary circumstances
state OF affairs worse ottie residents Of Western
Texas than war, und to which 10 people La
duty of the Uned stai@s fp Y'O'0''0u "'As . 'ie
re "a answer properly. It WI be necessary 70 re-
law. According to Wheaton;
Cicero; ;aa and after him tho mod erp public
promoting their mui uai safety anil advan9sea y,
by their eombined strength. international
Law. SOC. III
vattel says:
The end or objeet OF civilization is to procure
| for the necessities, the convent ,ncss tho aes
eommodatioBs Of life. aud, in general. whatever
constitutes . happiness the peaceful pos
ties, and finally, mutual defense agaisst all
external violence. 'Law of Nations. book /, SOC.
| tb.l
/
that
They can In no otherwise bs fulfilled than By
| maintaining the political pssOoiatiou The en-
tirs nation is then obliged TO Innintain that
assoeiaiion. and as their preservation depends
on its e2nsin.n'anse .', It thenoe follows that very
nation 1s obliged ~ perform the duty OF self
preservation. tBook !, chap. .. sec II, side page
In section n he clearly points out the duty OF
a State to its citizens;
| n fn{ton in ot,;oed In ,rae ;t..ft q.
less obliged carefully to preserve ell lbs mem
bsrs. The nation owes This to ltaelf, since tiis,
is injurious 10 its preservation. Ii owes this.
also, TO the members In particular. In eonsea
auenee OF the very oct Of assoeiation, for tlose
who compose nation afs united for their de-
| tenss and common advantage. and none eHp
Justly be deprived Of this union and Of the ad-
on his side, fultllls the conditions.
| Again he says.
abandon province. or even q single iniividt,
l, who is part gf II, unless compelled TO Ii By
| fVattel, side page 81
In continuation he observes.
Since, then, nation is obliged to preserve IT.
SELF, u mas right TO everything necessary Tor
The right of protection goes With the citizen
to t.9, every Dart o. the gobe. Hs can claim II
turalzed citizen In the cass of MsIrtin KSsata.
y was given where only dselafatipn Of intsn-
had been made. He was a Muneariasi sia s'7ss Eas
taksYn paIt j - The reyolui9n aaainat snstfia.
Turkish dominions; was seized By urssk hirss re-
linas. under the Austrian flag, and earrioA
and released by the Intervention OF Cspt in In
graham, Of the W. Louis. His action was IN
nlujnH6. hnn G.ufr ntne seq ~ Etn4<.
/ replied September NC, 1863:
Mr.: Hulseman, as the undersigned belieyer,
iailf INTO great error-an error fatal TO some
suming that q nstion can properly extend its
psgiseo.on S,sy Saly 20 grs Or nstnfalized
tional law. nor ID the practice OF nations cir
eumscribed within such barr w limits. This
law ages nSt q e. has BE- eomnicee
pal codes. In 70 alton % this subject. it has
clear and distinct rules Of It's own. II gives Tie
nattye-b born and naturalized citizens. but 10 iii
ss, residents M i, who are there with. or even
and Documents. 1864, part |. page 4DJ
This Indicates who are to be protected, and
statesmen have agreed upon the reasons WHY
this protection should be so broad and eomDre-
here1s another feature in the matter. Pro-
lection u the price the state pays the citizen for
took Castine, In Maine. and held il until pei.@e
was concluded In February. 1915 The British
the glR o. established custom house and reena
ts Istea ane ts 81 pBon ts goods, gn
United Stats resumed posssssion it and dns tile
rnanded payment of dutl's upon goods. i'm
ported during the British occupation. In O.
case appealed TO the Supreme Court Judge
Storey delivered the opinion. from which ~,
extract is here made:
Under tho circumstances we are aIj of oDinfou
that the claim for duties cannot be sustained
By the eonsuest and military occupation OF
sans son a sae sns1ya snsmy aeanred that rm posses
Tss of 1 yer 70 ae hg fullest
ereignty Of the United states over the tsrpifory
Was, W, q course. suspended. and tho 1aws OF tho
forced there, or be obligatory upon the inhab.
ltants who remained and submitted to the con-
s aussrors. BY surrender tho Inhabitants passed
uader temporary allegienes to the British
government. and were bound by such laws, and
such only. as 1t chose to recognize and impose.
from the nature Of the case no other laws
could be obligatory upon them. for where there
p no protection or allegiance or sovereienty
States vs. bice. Wheaton. 2s4.)
Had the fortunes Of war left Castiue In per-
manent possession f England. The people Of
U, hat place would have become bonaf 10 subjects
The reasons ior protection lie Mt the very
foundation OF States. Pu lie iurists have indf.
the great sovereign power Of self pressryatioI. n
wnere nation reeeiv an injury from an
2ther. or from ths citizens Of another State. it
tense. Vattel says: -
1t fs safest 70 prevent the evil when 1t can be
prevented. nation has u right to resist In in
furious attempt, and to make uss OF force and
every h2n orabie egpedient against whatsoever
ls actually engaged la opposition to her, and
syen to anticipate his Tnachinations"
Book 2, chap. 4, Sec b0.)
Finally the offended party have a right to
provids for their future security. and to chas-
necessary, disable the aggressor from dninp
further injury. 1bid section 52.j
:, ~ ~ liz laid down as q principle. that the na-
tion or the sovereign ought not 10 suffer fhe,
citizens to do an injury to the subjects Of an
other state. much less to offend the State itself
But IL nation or chief approves
and ratifes the act Of the Individual ID then be
comes public concern: and the Injured party
= 70 consider the nation as the real author of the
lnIury, OF which the citizen was perhaps oniv
The instrument. Ibid. sections 72. 7s.j