Show y feg fe g 1 J t 4 AU extance OP rol CONQUE CONQUEt tOR 1 ir branc on 06 our xv th preaching approach pro aching lne peace be azen and the united states makes it ol of tome bome interest to consider the legal effect of the cession or of territory by one state to another such cession has musy mixy important consequences in rela UM A to questions of international relations and constitutional law MY many controversies have arisen on an such questions ions out but some general prin principles ca ies can he be extracted from the tangle of diplomatic correspondence and juristic writings there can be no doubt that the inhabitants of a conquered territory become becom P subjects of cf the states to which 0 it is ceded but treaties of peace commonly give them a right to retain their former allegiance though seldom unconditionally the laws of some countries do not allow aliens to hold landed property and as a matter of policy states may object to the presence on their soil of a large number of persons owing allegiance to a foreign state therefore in treaties of cession tt it is often provided that all inhabitants who wish to retain their former allegiance must quit the coun try within a certain time sometimes also dispose of their property when alsace and lorraine Lorr alne were ceded to germany any the inhabitants who wished to remain french subjects were obliged to leave they were however allowed to retain their landed property when california was ceded by mexico the united states were more liberal to the inhabitants by the treaty of guadelupe hidalgo they might within a year elect to remain mexican citizens and no restriction was put on their right to reside or to retain their property naturally all public property in the ceded territory belonging to the state Is transferred to the new sovereign As regards obligations it is commonly agreed that in the absence of express treaty stipulation no portion of the general public debt is transferred with the territory there are however several instances of a proportionate share of the general public debt being transferred by treaty other considerations consideration apply to local debts and the better opinion is that they should be taken over with the territory london L law journal |