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S O Southall
Notes on Vattels, Professor OS Southall
University of Virginia Lession's 66—7 John M White Norfolk County Virginia
University of Virginia
University of Virginia 17 Oct 1866,
De
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S. O. Southall Vattel [D A]
[Don?] S. O Southall [Mrs.] {J M White} Mrs. Susan White Norfolk Co {Mrs. John White}
White
John M White [vertically up left of page] {Mrs. (...)} [vertically up left of page] {Mr. John White} [vertically up right of page] John M. White [vertically up right of page] Norfolk Co [vertically up right of page] Va
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1 Lecture [Jan] 1st 1866 The exclusive right of Aliens is founded in the right of occupancy title or possession confirmed by lapse of time or treatees & includes the domain of public property & that belongs to citizens with in its limits. Public property is absolute. Privite propurty is absolute in regards to other Nations. And forms the right of eminent domain is the right to dispose of all property in case of necessity. The territory of a County include Lake Runs Rivers &c. River which flow through the [territory] form a part of the domain, from their source to the mouth in as far as they flow through the territory includg their [bays], &c. When they divide state their mid channel is supposed to be the boundary between them, this rule is over done by proof of prior prossession. Things {of} which are (...) are not to be appropriated, {or}. The jurisdiction of our Nation over sounds straights & Seas leading through the territories of another or to the other seas does not exclude others of the innocent use of such throforms. The rule applies to a River from one through another to a [sea. the Right of navigation for Commercial purpose Common to all the State who inhabit different parts of its bank but being an imper— fect right it is modified by the [surety] & commissioner of the State affected by it {& is generally}. The right of navigation implies the right to the use of all essential [means]. This is an imperfect right til regularly secured by treaty may be renounced or modified.
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2 II of John (eg. [Treaty] of [Guadalupe] 1848) White [Invader] (...) Norfolk (...) By the treaty of 1831, of the separation of Holland from Belgium, the right of navigation was sti{s}pulated firm, with the [duties] & by [treaty] of 12 of May 1863, between Belgium & Holland the right was acquired by payment of a certain sum, Laws of U. S. pp 67. of 65. We have secured navigation in all the principle rivers of Europe on the payment of reasonable [rates], a few years ago diffculties arose between the US & [Spain] as to the Mississippi as Spain owned both sides of the [Stream]. This was resisted by the U. S. on the ground of previous treaties & Natural right, based upon the sentiment generally entertained that the Ocean is free to all men & [river] to all their inhabitants & this sentiment became stronger to the people of the upper pt of the [Stream] in (...) its the start of their County bar to the lower, that this right was real tho' imperfect up & if refused would be sufficient cause for war. This was terminated 1795. A similar conflict arose between the U.S. and G.B. [as to of was] origin of The Northn Lakes & Ocean through the St. Lawrence. GB claimes that the liberty of passage by one people through the territory of another was qualified there and [could] (...) was tantamount to the rights of property.