stefansson-wrangel-09-37-006

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power. Discovery gives only an inchoate title,which must
be confirmed by use or settlement.”

The citations which are given to maintain this propo-
sition follow:

"How far the mere discovery of a territory which is
either unsettled, or settled only by savages, gives a right
to it, is a question which neither the law nor the usuages
of nations has yet definitely settled. The opinions of man-
kind, upon this point, have undergone very great changes
with the progress of knowledge and civilization. Yet it will
scarcely be denied that rights acquired by the general co n-
went of civilized nations, even under the erroneous views of
an unenlightened age, are protected against the changes of
opinion resulting merely from the more liberal, or the more
just, views of after-times. The rights of nations to count-
ries discovered in the sixteenth century are to be determin-
ed by the law of nations as it stood at that time, and not
by the Improved and more enlightened opinion of three cent-
uries later.” ------- Mr. Upshur, Secretary of State to Mr.
Everett, October 9, 1843, Ms. inst. of Great Britain, 15,
148-9.

"The ground taken by the British Government, that a
discovery made by a private individual in the prosecution
of a private enterprise, gives no right, cannot be allowed.
There is nothing to support it, either in the reason of
the case or in the law and usage of nations. To say the
least of it, if a discovery so made confers no right, it
prevents any other nation from acquiring a right by sub-
sequent discovery, although made under the authority of
government, and with an express view to the object. In
no just acceptation of the term can a country be siad to
be 'discovered' if its existence has been previously
ascertained by actual sight. This is a mere question of
fact, which a private person can settle as well as a
public agent. But be this as it may, Meares himself was
but the agent of a private trading company, but without
any authority whatever from his government, so that, in
this respect, his discovery stands upon no better ground
than that of Captain Gray." --- Id. 165.

"Discovery alone is not enough to give dominion and
jurisdiction to the sovereign or government of the nation
to which the discoverer belongs; such discoverymust be
followed by possession." --- Mr. Fish, Sec. of State to Mr.
Preston, Dec. 31, 1972, Ms. Notes to haiti, 1, 125-6.