International law; Natural law; War (International law)
I. A great difficulty arises here respecting the right to property
by uninterrupted possession for any certain time. For though time is
the great agent, by whose motion all legal concerns and rights may
be measured and determined, yet it has no effectual power of itself
to create an express title to any property. Now those rights were
introduced by the civil law; and it is not their long continuance,
but the express provisions of the municipal law, which gives them
their validity. They are of no force therefore, in the opinion of
Vasquez, between two independent nations or sovereigns, or between a
free nation and a sovereign: between a sovereign and an individual who
is not his subject, or between two subjects belonging to different
kings or nations. Which indeed seems true; and is actually the case;
for such points relating to persons and things, are not left to
the law of nature, but are settled by the respective laws of each
country. As the unqualified admission of this principle would lead to
great inconvenience, and prevent the disputes of kings and nations
respecting the bounds of territory from ever being adjusted; in order
to eradicate the seeds of perpetual warfare and confusion, so repugnant
to the interests and feelings of every people; the settlement of such
boundaries is not left to the claims of prescriptive right; but the
territories of each contending party are, in general, expressly defined
by certain treaties.
II. To disturb any one in the actual and long possession of territory,
has in all ages been considered as repugnant to the general interests
and feelings of mankind. For we find in holy writ, that when the
King of the Ammonites demanded the lands situated between the rivers
Arnon and Jabok, and those extending from the deserts of Arabia
to the Jordan, Jepthah opposed his pretentious by proving his own
possession of the same for three hundred years, and asked why he and
his ancestors had for so long a period neglected to make their claim.
And the Lacedaemonians, we are informed by Isocrates, laid it down for
a certain rule admitted among all nations, that the right to public
territory as well as to private property was so firmly established by
length of time, that it could not be disturbed; and upon this ground
they rejected the claim of those who demanded the restoration of
Messena.
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