46 AVES ISLAND. 



first discovery, which she should he required to do. — (See 1 Phill. 

 §^67, p. 288; § 274, p. 298 ; Grotius, 1. 2, c. 9, § 8, &c., § 260, p. 280 

 1 Kent's Com., VI., p. 25; see Wheat. Elm. Int. Law, 40-41-42 

 Puff., lib. 4, c. 9, 1. 8, c. 12, §§ 1, 2, 3; Vatt. § 98, p. 170; see the 

 "Fama," 5 Eoh. Ad. Kep., p. 114.) 



Spain is no more lier antecessor, and she is no more the inheritor, 

 than Mexico and the other States, formerly provinces of Spain ; and 

 Shelton's Isle no more " pertains" to Venezuela than it does to Cuha 

 or Puerto Eico. 



VI. TITLE CLAIMED BY VENEZUELA FROM CONTIGUITY, ETC. 



Shelton's Isle is separated by several hundred miles of open sea from 

 her shores. She has no possessions near it. As before stated, it is 

 nearer those of at least three other nations, and in fact the Dutch 

 have possessions between it and the Venezuelan coasts. — (See maps 

 and charts generally.) 



The locality of this isle, we conceive, destroys the probability that 

 as to it Spain was her antecessor as to '■^discovery" and as to occupa- 

 tion, or that either Spain or she ever exercised any jurisdiction over it. 



The claim on the ground of contiguity is clearly preposterous, as on 

 the score of natural ^increments'' no right ^'"pertains" to her on either 

 score.— (See 1 Phill., §§ 234-235, p. 248, § 239, p. 255; Vat., p. 128, 

 &c., §§ 289, 290; 5 Kob. Kep., 573, the Anna, Puff., Grotius, de Jure 

 Bel. ac Pac, lib. 2, c. 3, § 10; Vattel, lib. 1, c. 23, §§ 288, 296, p. 

 127, &c. ; see Bynk., Qucest. Jur. Pub., lib. 1, cap. 8; De dom mar, 

 cap. 2. 



VII. POSSESSION AND OCCUPATION MUST BE ACTUAL USE AND SETTLEMENT. 



It must be pedis possessio, and coupled with positive exercise of 

 actual jurisdiction; merely hoisting national flag, planting crosses, 

 and such like ceremonies or surveys are. of little moment. 



And the possession and occupation must be notorious; other nations 

 must have knowledge of the claim. — (See 1 Phill., § 241, p. 259; ib., 

 § 247, p. 263; § 248, p. 263; § 230, p. 246-7; Kltiber, § 126; Vattel, 

 §§ 141 to 146, pp. 187 to 190; ib., § 208-9, p. 100; Wallace's Pamph. 

 on the Oregon Question; Bynk., de dom. mar., vol. 4, c. 1, p. 360; 

 Eug. Ortolan, dom. Int., p. 37; 8 Wheat., p. 573. 



VIII. SUCH POSSESSION AND OCCUPATION MUST BE CONTINUAL. 



It is not only true that discovery alone of such uninhabited isle 

 vests no title, (but an inchoate right to acquire one,) and that occupa- 

 tion by the discoverer is absolutely necessary, but it must he continued, 

 in order to maintain any title in the discoverer, or the State to which 

 he belongs, and the right of sovereignty or eminent domain in such 

 State, is inseparable from and dependent upon such actual occupation. — 

 (See 1 Phill., § 230, p. 246, § 283, p. 207 ; Grotius, lib. 2, c. 9, lib. 3, 

 c. 9, § 9 ; Bynk., de dom. mar; Eug. Ortolan, dom,. Int., Vattel, §§ 241 

 to 246, pp. 187 to 190.) 



