Page:United States Statutes at Large Volume 8.djvu/16

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4 TREATIES. of a state law are inconsistent, is equivalent to the repeal of such law Lessec of Fisher v. Harnden, 1 Paine, C. C. R. 55. A treaty goes into operation from the date of the signature, if no other period is agreed upon between the parties. Lessee of Hylton v Brown, 1 Wash. C. C. R. 343. The Constitution of the United States confers absolutely on the government of the United States the power of making war and of making treaties. Consequently that government possesses the power of acquiring territory, either by conquest or by treaty. The American Insurance Company v. 356 bales of Cotton, 1 Peters, 542. The usage of the world is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipulated in the treaty of cession, or on such as its new master shall impose. On such transfer of territory it has never been held, that the relations of the inhabitants with each other are changed. Their relations with their former sovereign are dissolved, and new relations are created between them and the government which has acquired their territory. The same act which transfers their country transfers the allegiance of those who remain in it, and the law which may be denominated political is necessarily changed, although that which regulates the intercourse and general conduct of individuals remains in force until altered by the newly created power of the state. I bid.