CONQUEST (Lat. conquiro, to seek for).
In Feudal Law. Purchase ; any means of obtaining an estate out of the usual course of inheritance.
The estate itself so acquired.
According to Blackstone and Slr Henry Spelman, the word In its original meaning was entirely dis sociated from any connection with the modern idea of military subjugation, but was used solely in the sense of purchase. It is difficult and quite profit less to attempt a decision of the question which has arisen, whether it was applied to William's ac quisition of England in its original or its popular meaning. It must be allowed to offer a very reason able explanation of the derivation of the modern signification of the word, that it was still used at that time to denote a technical purchase—the prev alent method of purchase then, and for quite a long period subsequently, being by driving off the occupant by superior strength. The operation of Making a conquest, as illustrated by William the Conqueror, was. no doubt often afterwards repeated by his followers on a smaller scale ; and thus the modern signification became established. On the other hand, it would be much more difficult to de rive a general signification of purchase from the limited modern one of military subjugation. But the whole matter must remain mainly conjectural ; and it is undoubtedly going too far to say, with Burrill, that the meaning assigned by Blackstone is "demonstrated," or, with Wharton, that the same meaning is a "mere idle ingenuity." Fortu nately, the question is not of the slightest impor tance in any respect.
See 17 L. Q. FL 392.
In International Law. The acquisition of the sovereignty of a country by force of arms, exercised by an independent power which reduces the vanquished to submission to its empire.
The intention of the conqueror to retain the conquered territory is generally manifest ed by formal proclamation of annexation, and when this is combined with a recognized ability to retain the conquered territory, the transfer of sovereignty is complete. A treaty
of peace based upon the principle Of uti pos sidetis (q. v.) is formal recognition of con quest.
The effects of conquest are to confer upon the conquering state the public property of the conquered state, and to invest the for mer with the rights and obligations of the latter; treaties entered into by the conquer ed state with other states remain binding upon the annexing state, and the debts of the extinct state must be taken over by it. Conquest likewise invests the conquering state with sovereignty over the subjects of the conquered state. , Among subjects of the conquered state are to be included persons domiciled in the conquered territory who remain there after the annexation. The people of the conquered state change their allegiance but not their relations to one an other. Leitensdorfer v. Webb, 20 How. (U. S.) 176, 15 L. Ed. 891.
After the transfer of political jurisdiction to the conqueror the municipal laws of the territory continue in force until abrogated by the new sovereign. American Ins. Co. Canter, 1 Pet. (U. S.) 511, 7 L. Ed. 242.
CONQUgTS. In French Law. The name given to every acquisition which the hus band and wife, jointly or severally, make during the conjugal community. Thus, what ever is acquired by the husband and wife, either by his or her industry or good fortune, enures to the extent of one half for the ben efit of the other. Merlin, Rep. Conquet; Merlin, Quest., Conqudt. In Louisiana, these gains are called acquets. La. Civ. Code, art. 2369. The eonquets by a former marriage may not be settled on a second wife to prej udice the heirs ; 2 Low. C. 175.