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Updated: May 21, 2025
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.
The Prince of Orange, it is evident, was placed in such a position, that it would be difficult for him to satisfy all parties. He intended that the marriage, like all marriages among persons in high places at that day, should be upon the "uti possidetis" principle, which was the foundation of the religious peace of Germany.
Meantime the long controversy in the duchies having tacitly come to a standstill upon the basis of 'uti possidetis, the Spanish government had leisure in the midst of their preparation for the general crusade upon European heresy to observe and enjoy the internal religious dissensions in their revolted provinces.
In 'Uti possidetis' the party in possession at the issue of the interdict was the winner, provided he had not obtained that possession from his adversary by force, or clandestinely, or by permission; whether he had obtained it from some one else in any of these modes was immaterial.
The British note stated their case in plain unvarnished fashion; it insisted on the status uti possidetis the possession of territory won by arms. In the minds of the Americans, buoyed up by the victory at Plattsburg, there was not the shadow of doubt as to what their answer should be; they declined for an instant to consider any other basis for peace than the restoration of gains on both sides.
4 The interdicts 'Uti possidetis' and 'Utrubi' are interdicts for retaining possession, and are employed when two parties claim ownership in anything, in order to determine which shall be defendant and which plaintiff; for no real action can be commenced until it is ascertained which of the parties is in possession, because law and reason both require that one of them shall be in possession and shall be sued by the other.
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.
The fear of their people was that, in case of the necessity for a sudden peace while the British troops were in possession of those States or parts of them, they might be compelled to remain as British territory under the application of the rule 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.
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.
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