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In case of the sudden patching up of a peace by the negotiators at Aix La Chapelle as really happened on the terms of uti possidetis, it was of vital importance that New France hold fast to every shred of her territory, both East and West. Long and earnest were the deliberations of the Council of War. The reports of the commanding officers from all points of the frontier were carefully studied.
In his address on the opening of the legislature he dwelt on Wellington's reverses in the peninsula, and offered peace to Great Britain on the old terms of "uti possidetis" in Spain.
The insurrection in Egypt must have been of a very serious nature, and Ptolemy, being pressed on all sides, concluded a truce of ten years with Seleucus on basis of uti possidetis.
Of double interdicts we have examples in Uti possidetis and Utrubi; they are called double because the footing of both parties is equal, neither being exclusively plaintiff or defendant, but each sustaining the double role.
Where the dispute relates to the possession of land or buildings, the interdict called 'Uti possidetis' is employed; where to movable property, that called 'Utrubi. Under the older law their effects were very different.
The two powers despatched a joint note to Great Britain inviting her to make peace, on the principle of uti possidetis. Canning replied that he was prepared to negotiate if his allies, especially Sweden and the Spanish patriots, who were at that time in actual possession of almost the entire country, were included in the peace.
The Marquis Spinola had informed the Spanish Government that if 300,000 dollars a month could be furnished, the war might be continued, but that otherwise it would be better to treat upon the basis of 'uti possidetis, and according to the terms proposed by the States-General.
No uti possidetis conveys any legitimate title, except on the condition of wise administration and mutual benefit. But will it be enough to make the freedmen landholders merely? Must we not make them voters also, that they may have that power of self-protection which no interference of government can so safely, cheaply, and surely exercise in their behalf?
Until such orders should arrive, it was stipulated that neither nation should be allowed to procure any new grant or cession, or to build forts for the defence of new establishments; and that they should not proceed to any cession, retrocession, or evacuation of what they then possessed; but every thing should remain on the footing of uti possidetis.
After reporting these views at Downing Street, Lord Yarmouth returned to Paris for further discussions, with the general understanding that the principle of uti possidetis should form their basis except as regards Hanover.
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