256
The Green Bag.
cessarily confer on them sovereignty over the strate the absurdity of either. The latter would be to restrict the rights of a European Power, whole district which they claimeil : who discovered and took possession of a new country, to the spot on which its troops or set tlements rested — a doctrine which has been totally disclaimed by all the Powers which have made discoveries and acquired possessions in America. The other extreme would be equally improper; that is, that the nation who made such discovery should, in all cases, be entitled to the whole of the territory so discovered. In the case of an island, whose extent was seen, There remains to be noted the theory of which might be sailed round and preserved by a natural boundaries which figured, early in few forts, it may apply with justice; but in that the century, in the dispute between Spain and of a continent it would be equally absurd." "The second principle is, that whenever one the United States as to the boundaries of European nation makes a discovery and takes Louisiana. Louisiana claimed as assignee possession of any portion of that continent, and of the rights acquired by Le Salet, a French another afterwards does the same at some dis man, who had discovered the Mississippi and tance from it, where the territory between them the waters flowing into it. The American is not determined by the principle above men commissioners in the course of the discussion tioned, the middle distance becomes such of propounded the following rules : course. The justice and propriety of this rule is too obvious to require illustration. "The first of these is, that when any European "A third rule is, that whenever any European nation takes possession of any extent of sea nation has thus acquired a right to any portion coast, that possession is understood as extend of territory in that continent, that right can never ing into the interior country, to the sources of be diminished or affected by any other Power, the rivers emptying within that coast, to all their by virtue of purchases made, or by grounds of branches, and the country they cover, and to conquest of the natives within the limits there give it a right in exclusion to all other countries of." to the same. It is evident that some rule br As an instance of an attempted application principle must govern the rights of European Powers in regard to each other, in all such cases, of the first rule, sec Oregon Claims (Pari. Pap. and it is certain that none can be adopted in 1846, Vol. 5 2; 1873, Vol. 74). There is now those cases to which it applies more reasonable a distinct tendency among international ju and just than the present one. Many weighty rists to insist that in the settlement of bound considerations show the propriety of it. Nature ary disputes account shall be taken opens seems to have destined a range of territory so paribus of the natural lines of division. The described for the same society, to have connected special consideration of the allied subject of its several parts together by the ties of a com tcrritorinm nullius dealt with by Mr. Macmon interest, and to have detached them from donell in the brilliant article which we have others. taken as a text for the present may with ad "If this principle is departed from, it must be vantage be postponed till the Venezuela by attaching to such discovery and possession a Guiana case has been decided. more enlarged or contracted scope of acquisi Lex. tion; but a slight attention to this will demon "As far as the governor of the fortress can and does exercise authority and jurisdiction, so far as the country and its inhabitants are under the control and government of the country to which that fortress belongs, that control and government close at the moment and at the places where the jurisdiction no longer exists and the authority no longer is, or can be, exer cised."