52 AVES ISLAND. 



under its authority, such rights enured as if the discovery was by an 

 officer. Even Dr. Phillimore acknowledges that adoption by a State, 

 on discovery by a private citizen,* (1, p. 242, § 224,) and he also ad- 

 mits that the ' ' individual ' ' has a natural title to he undisturbed in the 

 possession of the territory lohich he occupies, as against all third powers. — 

 (Ibid., p. 242.) 



And if such discovery was of a vacant, uninhabited island, the occu- 

 pation and possession by such private citizen or subject, being necessa- 

 rily peaceful and unopposed, is to be considered that of his government. 

 And it is entitled to the same rights of sovereignty and eminent domain, 

 from the inception of his occupation, as if it was by express authority 

 and commission. — (See authority above cited ; Vattel, §§ 203 to 209 ; 

 Ibid., lib. 2, c. 7, §§ 96, 97, 98.) 



The cases upon the subject of captures by private subjects or citizens 

 of a Sthte, in time of war, of an enemy's property, on land or on the 

 sea, wherein such private citizens or subjects are not expressly com- 

 missioned, nor otherwise expressly authorized to make such captures, 

 are pertinent to the point now under consideration. 



By some eminent jurists it is held, that the public declaration of 

 waa is asufficient commission and authority to every citizen or subject 

 of the power making it to capture the enemy's property wherever 

 found, in the name of and for his government, and that his personal 

 interest therein is dependent upon the prize or booty acts of his State. 

 (See 8 Cranch's Eeports, p. 210, U. S. vs. Brown ; Vattel, lib. 3, c. 

 15, §§ 223 to 228 ; Ibid. § 164, p. 365, and § 202, p. 391, citing French 

 Law ; Kliiber, Droit des gens, § 267 ; Wheat. Int. Law, p. 430, § 8 ; 2 

 Wheat's Kep. app., note 1, p. 7.) 



The question as to his private interest in the proceeds of the cap- 

 tured property is one of local and domestic law merely, and if allowed 

 no share, it neither impairs the right of his government nor the legal- 

 ity or validity of the capture. The right of the government enures 

 equally as if he were a commissioned officer, and the prize courts that 

 have denied his interest in certain cases, unless allowed by express 

 acts, have, nevertheless, maintained tliat of his government. — (See 

 Vattel, lib. 2, c. 2, §§ 96 to 98, p. 170 ; 13 Johnston's Rep., p. 276 ; 1 

 Gall. Eep., p. 563 ; 2 Wheat., 76 ; 5 lb., 338 ; 6 lb., 1 ; 10 Wheat., 

 306.) 



XV. RIGHTS AND INTERESTS OF CITIZEN DISCOVERERS. 



When the discoverer is a commissioned officer of the State, ordina- 

 rily, no private rights result to him, personally, from the discover)'-; 

 but when he is not such officer, but a mere private citizen or subject, 

 he acquires a right of preentry into property in the territory and ap- 

 purtenances paramount over that of any other subject or citizen of the 

 same State, and excluding positively all claims oi o^nj foreign subject or 

 citizen of any foreign State. 



- We admit his j)ersonal right is subject to such general regulations 

 and restrictions as the laics of his State, then in force, or such special 

 regulations and limitations as his State may prescribe in respect thereof ; 



*6 Rob. Rep., .364, The Rolla — a case of adoption of a blockade. 



