stefansson-wrangel-09-37-031

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years afterwards. What becomes of our doctrine of "inchoate
title” given by discovery, which must so quickly be supported
by effective occupation, by notification?

An award perhaps less shocking to the sensibilities of the
treatise-writers is contained in 66 British and Foreign State
Papers, 554. The dispute in question was between Great Britain
and Portugal over the right of sovereignty over Delagoa Bay.
President MacMahon of France, who was selected as the arbiter by
the terms of a protocol signed at Lisbon Sept. 25, 1872, 63
British and Foreign State Papers, 1045, found the facts as follows?
the bay of Delagoa was discovered in the 16th century by Port-
ugese navigators, and, during the 17th and 18th centuries occup-
ied several places on the north coast of the bay. Portugal,
since the discovery, had always exercised rights of sovereignty
over the whole bay, and, in 1732 had defended these rights against
the Dutch, and in 1781 against the Austrians; further, both
these powers recognized the claims of Portugal. By Article 2
of the convention of July 28, 1817, 4 British and Foreign State
Papers, 85 at 88, Great Britain herself had not contested, but
rather admitted, the right of Portugal to the territory. When,
in 1822, Great Britain despatched Captain Owen to chart the bay,
she "recommended him to the good offices of the Portugese gov-
ernment. In spite of the fact that the accidental weakening of
the Portugese power led Captain Owen to believe in good faith
that certain native chiefs were in fact independent of Port-
ugese rule, the treaties which he thereupon made with them were