The Power to whom the Island had been ceded, would be the Power owning the Mainland on the other side, or shore, of such Portion of the Sea.
Such right, to be affected by the latter Cession, must have been possessed before such cession (as is alluded to in P. 3) of the opposite Island, and the Decision upon which such assertion of right is based, must never have been extinguished, abandoned, or relinquished. But the Power affecting this right is the Power which ceded the island to the Ceding Power.
And as it was firstly, of the evidence of such disputed right in itself, and secondly, that Dominion, and consequent Jurisdiction, would pass by the cession of Territory to the Power to whom the Island was ceded, as a necessary incident, or appurtenant, to the Possession of the Territory.
It follows, by the operation of the Laws which govern the construction of treaties, that the Power which was the grantor, or ceder, of the Territory, had it in its power to limit, or restrict, its grant or cession, so as not to affect any other inherent or latent right or Jurisdiction possessed by itself. The fact of its not so stipulating, limiting, or restricting its grant or cession, prevents it now objecting to the exercise of that Jurisdiction which is by Public and International Law recognized as incident to the lawful possession of Territory and Dominion thereon.
Page 148
The Power to whan the Island had been
coded, would be the Power owning the Mainland
an
the
λ
the other side, or shore, of such Portion of
20A.
Such right, to be afected by the latter Saver, must have been possessed before such
cefsion (as is alluded to in P. 3) of the opposite Island, and the Doncision sepon which such afution of right is based, must never have been vetinguished, abondoned, or relinquished. But the Power afecting this right is
q
the Power which reded the island to the
Catie Paver:
10.
And
as
it was
WTAS AWaw,
firsity, of the
evidence of such asputed right in itself, and
afented
secondly, that Diruinen, and consequent
D
148
would pass by the cesion of Penritory to the
Paver to whom the Bland
was ceded,
ao
necefpacity incident, or apprulenant, to the Dofession of the Perritory.
11.
which
Ao
It follows, by the operation of the Saws
govern
the construction of treaties, that
the Paver which
was
the grantor, or cider,
of the Perritory, had it in its pown to lim't, or redivit, its grant or cession,
affect any
so as not to
other inherent or latent right
or
Jurisdiction proposed by itself, the fair of its not so stipulating, limiting, or restricting to
grant or cefsion, prevents it now
objecting to the
exercise of that Jurisdiction which is by Public and International Law recognized
to
recognized as meident
lawful posesion of Puritory and
Dominion thereon.
Jurisdicin
over
the
Qlar mean
the least,
Оста
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