to circumstances and to the political relations with the United States.' It was executed in the spirit which suggested it, rather than according to its terms; every American cargo, without reference to the date of its importation, was sequestered at once. Some were afterwards released under the decree of 9th July, 1810, or by special favour; but the greater number, after more or less delay, were sold by the imperial order, and their proceeds passed into the caisse d'amortissement at Paris. "It was for the value of these cargoes that reclamations were made before the commissioners. The brief account which has been given of the political condition of Holland from the year 1809 till it was formally merged in the French empire sufficiently explains the reason for allowing them. Holland was already a dependent kingdom, and Louis a merely nominal sovereign. The treaty was a form; in substance it was an imperial decree.” Mr. Kane, one of the commissioners, quoted in Moore, International Arbitrations, V. 4473. An illustration of the difference, as affecting the continuity of the state, See, also, as to the suspension of the independence of the Dutch, Davis' Treaty CHAPTER IV. SOVEREIGNTY; ITS ACQUISITION AND LOSS. I. The acquisition and loss of territory. 1. Occupation. (1) Discovery. § 80. Extent of possession. Contiguity. Berlin declaration. 2. Accretion. § 82. 3. Cession. (1) Consent of the population. § 83. (2) Protection of territory pending annexation. § 84. Case of Louisiana. The Floridas. Alaska. Spanish islands, 1898. 4. Conquest. § 87. 5. Prescription. § 88. Opinions of publicists. 6. Abandonment. II. Revolution. § 90. III. Internal development. § 91. IV. Effects of change of sovereignty. 1. On boundaries. § 92. 2. On public law. § 93. Dooley v. United States. Fourteen Diamond Rings Second Dooley case. Division of territory. 4. On private law. § 95. 5. On public obligations. § 96. § 85. 6. California and New Mexico. § 105. 7. The Mesilla Valley. § 106. 8. Alaska. § 107. Ukase of 1821. Treaty of cession. 9. Hawaiian Islands. § 108. Early relations. Mr. Webster's letter, 1842. President Tyler's message. Action of Great Britain, 1843. British-French declaration. French intervention: American position and treaty. Proposed annexation, 1854. Proposals for reciprocity, 1855, 1867. Revival of annexation project. V. Territorial expansion of United States-Continued. 9. Hawaiian Islands. § 108—Continued. Reciprocity treaty, 1875. Assertions of American predominance. Pearl Harbor. Constitution of 1887; insurrection of 1889. Death of Kalakaua; succession of Liliuokalani. Overthrow of monarchy, 1893; treaty of annexation. Proposal to restore the Queen. President Cleveland's message, December 18, 1893. Native revolt, January, 1895. New annexation treaty, June 16, 1897. Joint resolution of annexation, July 7, 1898. Provisional measures: consular representation. Navigation. - Quarantine. Immigration. Claims. President's message, 1900. 10. Spanish West Indies (except Cuba), Philippines, and Guam. § 109. Message of Queen Regent, July 22, 1898. Rupture of status quo. Attitude of the United States. Hostilities between Germany and Samoa. Instructions to Admiral Kimberly. President Cleveland's message, January 15, 1889. Prince Bismarck's assurances. Renewal of conference. General act of Berlin. H. Doc. 551-17 V. Territorial expansion of United States—Continued. 11. Tutuila and other Samoan Islands. § 110-Continued. Sovereignty may be gained or lost, as the case may be, (1) by the transfer of territory, (2) by revolution, or (3) by internal development. We may discuss these modes in their order and also the effects produced by a change of sovereignty. I. THE ACQUISITION OF TERRITORY. 1. OCCUPATION. Title by occupation is gained by the discovery, use, and settlement of territory not occupied by a civilized power. Discovery gives only an inchoate title, which must be confirmed by use or settlement. (1) DISCOVERY. . "On the discovery of this immense [American] continent the nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. . . . The potentates of the Old World found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the New, by bestowing on them civilization and Christianity, in exchange for unlimited independ |