A Treatise On the Law of Naturalization of the United States

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I. Naturalization by Conquest.
A. Allegiance of Inhabitants of Conquered State.
According to the general principles of the law of na- tions, every sovereign nation has, as an inherent attri- bute, the power to acquire territory by conquest. In the absence of stipulations on the subject, whenever a government acquires territory by conquest the relation of the conquered territory to the new government is to be determined by the conquering state.
The Constitution [of the United States] confers abs
...o- lutely on the government of the Union the powers of making war, and of making treaties; consequently that government possesses the power of acquiring territory, either by conquest or by treaty. Insular cases, 182 U. S. 300. 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 the 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.

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