in civil jurisprudence, is the acquisition of property in common by a number of persons.
In some countries they confound acquisition with conquest; but, according to the most general acceptation, acquisition is the gaining of unappropriated goods before the establishment of a community: whereas by the term conquest, is ordinarily intended whatever is acquired by a number of persons in community; or by some one for all the others.—As it is more especially in the union of persons by marriage that a community of property takes place; so it is in reference to them that we frequently use the word conquest. There are nevertheless conquests also among other persons who are in a tacit community or society; such as obtain by particular local customs. According to this sense of the word, it has been contended by several, that William I. claimed this kingdom; that is, not by right of arms, but by right of conquest or acquirement; under promise of succession made by Edward the Confessor, and a contract entered into by Harold to support his pretensions to that succession: and by old writers, conquestus, acquisitio, and perquisitio, are frequently used as synonymous terms.
the law of nations, is the acquisition of sovereignty by force of arms, by some foreign prince; who reduces the vanquished under his empire. The right of conquest is derived from the laws of war; and when a people is subjected, the conduct of the conqueror is regulated by four kinds of law. First, the law of nature, which dictates whatever tends to self-preservation; secondly, our reason, which teaches us to use others, as we would be treated ourselves; thirdly, the laws of political society, to which nature has not assigned any precise boundary; lastly, the law which is derived from the particular circumstances attending the conquest. Thus, a state conquered by another will be treated in one of the four methods following: Either the conqueror will continue it under its own laws, and will only claim the exercise of civil and ecclesiastical sovereignty; or he will impose a new form of government; or he will destroy the frame of their society, and incorporate the inhabitants with others; or he will exterminate them.