Commentaries Upon International Law

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If they do not belong to the United States of " America, any other Power might occupy them ; they might " be embanked and fortified. What a thorn would this be in " the side of America ! It is physically possible, at least, that " they might be so occupied by European nations, and then (i the command of the river would be no longer in America, " but in such settlements. The possibility of such a conse- " quence is enough to expose the fallacy of any arguments " that are adduced to show that the...se islands are not to be " considered as part of the territory of America. Whether " they are composed of earth or solid rock, will not vary the " right of dominion ; for the right of dominion does not " depend upon the texture of the soil. I am of opinion " that the right of territory is to be reckoned from those " islands " (r).
It was not without reason that the ancients worshipped the God Terminus on account of the fidelity with which he preserved the Rights of Property between nations as well as (q) Inst 1.


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