International law; Natural law; War (International law)
VIII. From the natural affection which all men have for themselves,
and their property, an objection may be taken against the presumption
of any one's abandoning a thing which belongs to him, and consequently
negative acts, even though confirmed by a long period of time, are not
sufficient to establish the above named conjecture.
Now considering the great importance deservedly attached to the
settlement of CROWNS, all conjectures favourable to the possessors
ought to be allowed. For if Aratus of Sicyon thought it a hard case,
that PRIVATE possessions of fifty years' standing should be disturbed,
how much weightier is that maxim of Augustus, that it is the character
of a good man and a good subject to wish for no change in the present
government, and, IN THE WORDS, WHICH THUCYDIDES HAS ASSIGNED TO
ALCIBIADES, to support the constitution, under which he has been born?
But if no such rules in favour of possession could be adduced, yet a
more weighty objection might be found against the presumption, drawn
from the inclination of every one to preserve his own right, which is
the improbability of one man's allowing another to usurp his property
for any length of time, without declaring and asserting his own right.
IX. Perhaps it may reasonably be said, that this matter does not
rest upon presumption only, but that it is a rule, introduced by the
voluntary law of Nations, that uninterrupted possession, against which
no claim has been asserted, will entirely transfer such property to the
actual possessor. For it is most likely that all nations by consent
gave their sanction to such a practice, as conducive to their common
peace. The term uninterrupted possession therefore has been very
properly used to signify, as Sulpitius says in Livy, "that which has
been held by one uniform tenour of right, without intermission." Or as
the same author, in another place, calls it, "perpetual possession,
that has never been called in question." For a transitory possession
creates no title. And it was this exception which the Numidians had
urged against the Carthaginians, alleging that as opportunity offered,
sometimes the Kings of the Numidians had appropriated to themselves the
disputed possessions, which had always remained in the hands of the
stronger party.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account