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Updated: June 28, 2025
You cannot on any principle of equality in negotiation claim a cession of territory excepting in exchange for other advantages which you have in your power.... Then if this reasoning be true, why stipulate for the uti possidetis? You can get no territory; indeed, the state of your military operations, however creditable, does not entitle you to demand any."
Ex senioris consilio, scabiosos leprososque, si qui sint inter eos, conquirunt, qui manos asperas callossasque habeant ut apræhensa facilius queant ritenere. Hos homines ipsi caracaracoles appellant. Venatum proficiscuntur: ex multis quas capiebant quatuor tantum retinent; pro feminis illis uti adnituntur, carere feminea natura comperiunt. Iterum accitis senioribus, quid facieudum consulunt.
Puellae tenerae a decimo primum anno, et pueri a decimo tertio vel quarto, inter se miscentur. Senioribus mos est, si forte gentium plurium castra appropinquant, viros noctu huic inde transeuntes, uxoribus alienis uti et in sua castra ex utraque parte mane redire. Parentes saepe infantum, viri uxorum quaestum corporum faciunt.
An agent of the Company went up the river about fifteen miles in hopes of being able to accommodate a matter that threatened materially the peace of the country; but he was told by the uti that, unless he would land his men, and take a decided part in her favour, he had no business there, and he was obliged to reembark without effecting anything.
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.
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.
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.
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.
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.
In that remarkable volume, M. Salverte proves that natural phenomena are more startling than necromantic tricks, and that, in the words of Roger Bacon, "non igitur oportet nos magicis illusionibus uti, cum potestas philosophica doceat operari quod sufficit."
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