International law; Natural law; War (International law)
The law of nations, in these respects, treated persons and things in
the same manner. From whence it is easy to understand, what is meant,
when in another place it is said that things taken from an enemy
immediately become the lawful prize of the captors, but only upon
the condition of those things continuing in their possession for a
reasonable and certain time. Consequently it is plain, that ships and
other things taken at sea cannot be considered as really the property
of the captors, till they have been carried into some of their ports,
or to some place where their whole fleet is stationed. For in that case
all hope of recovery seems to have vanished. By a late regulation among
the European powers, it has been made an established maxim of the law
of nations, that captures shall be deemed good and lawful, which have
continued in the enemy's possession for the space of twenty-four hours.
IV. Lands are not understood to become a lawful possession and absolute
conquest from the moment they are invaded. For although it is true,
that an army takes immediate and violent possession of the country
which it has invaded, yet that can only be considered as a temporary
possession, unaccompanied with any of the rights and consequences
alluded to in this work, till it has been ratified and secured by some
durable means, by cession, or treaty. For this reason, the land without
the gates of Rome, where Hannibal encamped, was so far from being
judged entirely lost, that it was sold for the same price that it would
have been sold for before that period.
Now land will be considered as completely conquered, when it is
inclosed or secured by permanent fortifications, so that no other
state or sovereign can have free access to it, without first making
themselves masters of those fortifications. On this account Flaccus,
the Sicilian, assigns no improbable conjecture for the origin of the
word territory, because the enemy is DETERRED from entering it. At
least there is as much probability in this conjecture, as in that of
Varro, who derives it from the word _terendo_, treading the soil.
Frontinus deduces it from _terra_, the earth, and Pomponius from the
TERROR of judicial authority exercised in each country. Xenophon
however in his book on tributes, seems to accord with the first of
these opinions: for he says, that in time of war the possession of a
country is kept by walls, strong holds, and barriers.
Public-domain text, read in full here on John Shaqi.
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