1834.] 
FALKLAND ISLANDS. 
505 
He then examined the question on the hypothesis of a sov- 
ereignty so perfect, that all the rights claimed by the Argentine 
Republic would spring from it — yet he contended that there were 
preliminary acts to be performed before - the capture and deten- 
tion of the persons or property of American citizens could be 
justified. If regions (said he) not occupied, or brought under 
any positive jurisdiction, without garrisons, or naval forces, or 
inhabitants — are to be occupied and brought under civil or military 
rule, and those who have enjoyed the privilege of a free fishery 
there are to be excluded from that privilege, it is incumbent on 
the nations assuming such powers to give oflScial notice to the 
resident representatives, or to the governments of all nations with 
whom relations of amity are maintained, before any acts of vio- 
lence, in assertion of such sovereign rights, can be justified. A 
warning to individuals was not enough, for that was not a general 
notice ; and individuals not warned might incur forfeitures and 
penalties without any knowledge of their liabilities, and their 
governments, equally ignorant, could take no preventive means for 
their security ; and that laws or decrees enforcing penalties for 
such offences, not made known to the nations whose citizens or 
subjects were liable to fall under their operation, were in the 
nature of ex post facto laws. 
This long communication was concluded by professions of the 
most amicable and conciliatory character. The charge said, the 
questions in controversy extended far beyond the South American 
regions, and affected in a serious manner the most important in- 
terests of his nation ; and that it was a cause of deep regret to the 
American people to be compelled to contend for these vital princi- 
ples with a nation for whom they had ever cherished the most 
amicable sentiments— whose independence they had recognised 
at an early period of their national existence, — a recognition 
springing from sympathies excited to enthusiasm in favour of a 
gallant people, who had won their freedom by their prowess and 
valour. 
He informed the minister that he was instructed to say, " that 
the President of the United States was fully sensible of the difii- 
cult situation in which the internal troubles of the republic had 
placed its government, and did not attribute to any unfriendly dis- 
position acts that, in ordinary times, might wear such an aspect ; 
