from such settlements is presumed to be the boundary. 1 Phill. Intern. Law, 251–254. See Bluntschli, § 297. Powers to determine boundaries. 34. Coterminous nations have jurisdiction jointly to determine and establish the boundaries between their respective territories; and it is their duty to do so, and to mark the same clearly.' 1 Poole v. Fleeger, 11 Peters' U. S. Sup. Ct. Rep., 185; Latimer v. Poteet, 14 Id., 4. Bluntschli, § 296. Exception. 35. The foregoing provisions as to boundaries do not apply where the boundary is otherwise defined by special compact.' 1 A boundary agreed upon by the collectors of revenue can not be regarded as valid. The Fame, 3 Mason's U. S. Circt. Ct. Rep., 147. Injuring boundaries, marks, or monuments. 36. Willfully removing, concealing, injuring or falsifying any monument, mark or sign, made or adopted by the concurrence of two or more nations for indicating a boundary between them, is a public offense. The regulations between France and the Grand Duchy of Luxembourg, Oct. 15, 1853, for preservation of boundary marks, (6 De Clercq, 386, Art. XI.,) provides: that, offenders are to be prosecuted and judged according to the law of the State in which they are found; and that, for this purpose, proceedings had in either State shall, as far as necessary, have equally "foi en justice" in the other. Loss of territory, and acquisition of territory. 37. A nation may lose territory: 1. By abandonment; 2. By destruction; 3. By transfer; or, 4. By conquest. A nation may acquire territory: 1. By occupation; 2. By accession; 4. By conquest. No provision is made for devise or succession after death, inasmuch as the devise of a crown can not be deemed to destroy the identity of the State; and the power of a monarch to alienate any part of the national territory by will should not be admitted. Acquisition by occupation. 38. Territory can be acquired by occupation, in the following cases only: 1. When it was previously unoccupied by any other than a savage nation; 2. When the nation which previously occupied it has, without ceding it, renounced the sovereignty which it exercised over it, either expressly, or by abandoning the territory; or, 3. When the inhabitants of the territory overthrow their government and freely join themselves to the occupying nation. Extent of occupancy. 39. Occupancy of any part of an island uninhabited or inhabited only by savages, is presumed to be an occupancy of the whole. The same. 40. A nation is presumed to occupy all territory within the limits over which it maintains an effective control; and such presumption is conclusive, unless it appears that some other nation actually occupies a portion of such territory. Accretion. 41. Land formed in the sea by accretion belongs to the nation whose territory is nearest. 1 Phill. Int. Law, 257; The Anna, 5 Robinson's Adm. Rep., 332; Bluntschli, § 295, note. The same. 42. When land is formed on the shore from natural causes and by imperceptible degrees, the boundary between the nation owning it and the nations owning other parts of the shore is modified so as to conform to the change in the shore. This and the two following articles are suggested by the Code Napoleon, Liv. II., Tit. II., Art. 556-559; and Civil Code reported for New York, SS 443-448. The same. 43. When land is formed on the shore from artificial causes or by perceptible degrees, the boundary between the adjoining nations is not changed thereby. Reclaiming land washed away. 44. If a considerable and distinguishable part of the shore is carried away by the water, to a place within the boundaries of another nation, the nation owning it while attached to the shore may reclaim it within one year, if it can be restored to the territory of the nation so claiming it; but until it is so restored it must be deemed to be part of the territory within which it is situated. Ownership of islands. 45. An island, formed from natural causes in any water other than the sea, belongs to the nation within whose boundary it is formed; or, if it is formed upon the boundary of two or more nations, each nation owns so much of the island as lies within its original boundary. Compare Bluntschli, § 295. Changes of stream. 46. If a stream which constitutes the boundary between two or more nations forms a new course, abandoning its ancient bed, from natural causes, and by imperceptible degrees, the boundary follows the center of the stream, as defined in article 30; but in other cases the boundary remains in the center of the ancient bed. 1 Phill. Int. Law, 258, 259; Bluntschli, § 299. Transfer or cession. 47. Territory can be acquired by transfer or cession, upon the agreement of the nations whose sovereignty is affected by the transaction. Acquisition by transfer or cession is imperfect, until possession is taken by the nation receiving the transfer. Compare Bluntschli, §§ 282, 296. He adds, that to make a cession valid, the inhabitants of the ceded territory must recognize the cession, and have the enjoyment of their political rights under the nation receiving the transfer. Conquest. 48. Conquest includes any mode of obtaining possession of territory against the will of the power by which it was previously occupied. Acquisition by conquest becomes complete by the permanent continuance of peaceful possession. See Bluntschli, § 290. CHAPTER V. PROPERTY AND DOMAIN. ARTICLE 49. Capacity to have property. 50. Eminent domain. 51. Internal domain. 52. Prescription. Capacity to have property. 49. Subject to its constitution and laws,' a nation has capacity to acquire, hold and dispose of: 2 1. Property not within the territorial limits of any other nation; and, 2. With the consent of any other nation, property within the territorial limits of such other nation. The capacity to acquire real property may be limited or regulated by the organic law. 2 The property of a nation is of two kinds : 1st. Public property or public domain; that is, that kind which the government holds as a mere trustee for the use of the public; such as navigable rivers, highways, &c.; and, 2nd. Private domain or domain of the State; that is, those things in which the nation has the same absolute property as an individual would have in like cases. Halleck, p. 123. Eminent domain. 50. The power of a nation, by virtue of eminent domain, to take, or suspend the use of,' property within its territorial limits, for the public use, safety or welfare, extends to the property of foreign persons, states and nations. Adequate compensation' must be made therefor, and, except in cases of immediate necessity, at the time of the interference. 1 By several treaties, the property of a foreigner can not be taken, or his use thereof impeded or impaired by public authority, without adequate compensation for the interference. Treaty betweeen the United States and Bolivia, May 13, 1858, Art. III., 12 U. S. Stat. at L., 1003. Nicaragua, June 21, 1867, IX., 15 Id., (Tr.,) 59. The detention of a vessel in port by the President of the United States under the Act of Congress, April 30, 1818, (3 U. S. Stat. at L., 447,) was held not a taking and use of private property for public purposes, within the meaning of the Constitution; but an arrest by due process of law. Court of Claims, 1866, Graham v. United States, 2 Court of Claims Rep., Nott & H., 327. Some of the treaties expressly require compensation in case of embargo, &c.; and the article, above, is accordingly extended to interferences with the use of property. Articles condemned for violation of law, or because of adaptation to illegal uses,-. g., burglars' tools, obscene publications, &c.,-are not to be regarded as property within such a rule as this. Internal domain. 51. As against other nations, a nation is presumed to be the owner of all public, and all unappropriated, property within its territorial limits,' and has a right to forbid any other nation from owning or holding any property within such limits, except as otherwise provided in this Code,' or by special compact. 1See Fiore, Nouv. Dr. Int., vol. 1, Lib. 2, chs. 1, 2; Lawrence's Wheaton p. 303, § 3. See Chapter VI., on NAVIGATION. |