stefansson-wrangel-09-37-032

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nevertheless contrary to the rights of Portugal. Further,
after the departure of Captain Owen, the native chiefs once again
acknowledged their dependence on the Portugese. Lastly, even
granting that Owen’s treaties with the chiefs were made between
parties capable of contracting, still they were no longer in
force, one having come to an end by expiration, the other by non-
performance of essential conditions.

In view of all these facts the arbiter decided that the
claims of Portugal to the territory were well established. It
seems clear that the award is based principally on the facts of
discovery and occupation by Portugal with the recognition of
Portugal' s right to the territory by the various powers between
whom and Portugal the question arose.

It is impossible here to go into the question of the dispute
between Great Britain and Portugal with regard to conflicting
claims on the contient of Africa. Briefly, Portugal claimed
territory under grants from native emperors, the authenticity of
which were denied by Great Britain, at least with regard to
the territory in dispute. Over these territories Great Britain
declared a protectorate. A Portugese officer endeavoured to
prevent the British from entering the territories. In the end
an ultimatum was sent to Portugal, found in 82 British and
Foreign State Papers, 297 at 299, in a letter from Lord Salis-
bury to Mr. Petre, the Minister at Lisbon. The paragraph reads:
"You are therefore instructed to repeat to Senhor Banos Gomes
a categorical request for an Immediate declaration from the