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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,
between the actual suppression of independence, as in the case of the
Netherlands, and the mere exercise of influence, however powerful it may
be, by one state over another, is found not only in the case of the Two
Sicilies under Murat, to which reference has been made above, but also in
the case of Denmark. From 1807 to 1811, many American vessels were
seized, and some of them were condemned by the Danes under decrees
which were practically dictated by Napoleon. The claims growing out of
these spoliations were pressed and finally settled as demands against Den-
mark. (Moore, Int. Arbitrations, V. 4549.) The commissioners under
the convention between the United States and France of July 4, 1831, held
that they could not be charged against the latter country, for, although
the conduct of the King of Denmark may have been influenced by "his
anxiety to conciliate the favor of the French emperor," the "act was his
own: the Kingdom of Denmark was then, as now, independent." (Moore,
Int. Arbitrations, V. 4475.)

See, also, as to the suspension of the independence of the Dutch, Davis' Treaty
Notes, Treaties and Conventions between the United States and other
Powers, 1776-1887, 1235.

CHAPTER IV.

SOVEREIGNTY; ITS ACQUISITION AND LOSS.

I. The acquisition and loss of territory.

1. Occupation.

(1) Discovery. § 80.
(2) Settlement. § 81.

Extent of possession.
Continuity.

Contiguity.

Berlin declaration.

2. Accretion. § 82.

3. Cession.

(1) Consent of the population. § 83.

(2) Protection of territory pending annexation. § 84.

(3) Question as to annexation by a neutral during war.
(4) Property that passes by cession. § 86.

Case of Louisiana.

The Floridas.

Alaska.

Spanish islands, 1898.

4. Conquest. § 87.

5. Prescription. § 88.
Opinions of publicists.
Judicial decisions.
Venezuelan boundary.

6. Abandonment. § 89.

II. Revolution. § 90.

III. Internal development. § 91.

IV. Effects of change of sovereignty.

1. On boundaries. § 92.

2. On public law. § 93.
3. On revenue laws. $ 94.
The insular cases.
De Lima v. Bidwell.
Downes . Bidwell.

Dooley v. United States.
Huus. Steamship Co.
Goetze v. United States.
Fourteen Diamond Rings
Second Dooley case.

Division of territory.

4. On private law. § 95.

5. On public obligations. § 96.

§ 85.

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6. California and New Mexico. § 105.

7. The Mesilla Valley. § 106.

8. Alaska. § 107.

Ukase of 1821.

Treaty of cession.
Boundaries.

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.
Renewal of reciprocity treaty.

Pearl Harbor.

Constitution of 1887; insurrection of 1889.

Death of Kalakaua; succession of Liliuokalani.

Overthrow of monarchy, 1893; treaty of annexation.
Withdrawal of treaty.

Proposal to restore the Queen.

President Cleveland's message, December 18, 1893.

Formation of constitutional Republic.

Native revolt, January, 1895.

New annexation treaty, June 16, 1897.
Protest of Japan, and its withdrawal.

Joint resolution of annexation, July 7, 1898.
Transfer of sovereignty, August 12, 1898.

Provisional measures: consular representation.
Hawaiian vessels.

Navigation.

Quarantine.

Immigration.

Chinese.

Claims.

President's message, 1900.

10. Spanish West Indies (except Cuba), Philippines, and Guam.

Message of Queen Regent, July 22, 1898.

President's reply, July 30, 1898.

Spanish note, August 7, 1898.

Protocol of August 12, 1898.

Instructions of September 16, 1898.
Decision as to the Philippines.
Occupation of Cuba.

Isle of Pines.

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$109.

V. Territorial expansion of United States-Continued.

11. Tutuila and other Samoan Islands. § 110-Continued.
Difficulties in administration.
Strife over the kingship.

Joint commission of treaty powers.
Report of Mr. Tripp.

Division of the group.

Tutuila, and the harbor of Pagopago.

Titles to land.

12. Horseshoe Reef; Brooks or Midway Islands;
Wake Island. § 111.

13. Guano Islands.

(1) Legislation of Congress. § 112.

(2) Conditions of appurtenance. § 113.

Discovery.

Occupation.

Executive action.

Bond.

(3) Rights of the discoverer. § 114.

(4) Lists of islands. § 115.

14. Proposals of annexation.

(1) Canada. § 116.

(2) Salvador. § 117.

(3) Cuba. §118.

(4) Yucatan. $119.

(5) Islands at Panama. § 120.

(6) Santo Domingo; Samana Bay. § 121.

(7) Islands of Culebra and Culebrita. § 122.

(8) Danish West Indies. § 123.

(9) Mole St. Nicholas. § 124.

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,
$ 80.

"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

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