FALKLAND ISLANDS. 297 



Prior occupation, according to the more 

 liberal and rational usages of modern times, is 

 certainly the least impeachable title to regions 

 uninhabited, or inhabited only by savages* 



The title founded on occupation may be 

 strengthened, however, by the collateral circum- 

 stances of prior discovery and the formal act of 

 taking possession, especially when there has 

 been an occupation nearly simultaneously by 

 two nations. A mere temporary occupation, 

 without the intention of remaining, neither gives 

 title nor furnishes presumptive evidence of title ; 

 there is scarcely a desolate island in this hemi- 

 sphere that has not had its temporary occupants ; 

 but the occupation must be such as to furnish 

 strong presumptive evidence of an intention to 

 abide — and the evidence of the intention can 

 hardly be controverted, if the occupation be 

 effected in pursuance of the orders of the con- 

 stituted authorities of a nation, and if actual 

 possession be taken by a military force. 



Such being the general principles which the 

 wisest statesmen have adopted, with respect to 

 countries uninhabited, or inhabited only by 

 savages ; it is proper, for the elucidation of the 

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