Discovery and Occupation
McKenna, Daniel J.
286 THE COMMONWEAL July 21, 1926 "0 ma petite, why did you do it? You should have DISCOVERY AND...
...A similar settlement on the coast her head came forward, jerkily, almost mechanically, of a continent would not be sufficient to allow the parent counand then fell back, announcing death...
...Those last hours new world and Henry VIII commissioned John Cabot to of hers are another cause for my wonder...
...Arid yet it would priesthood there he returned to China for mission work...
...REV...
...to such land as the settlement might need for its future growth...
...dear Father John Talbot Smith, and Professor Derry on the Like so many other topics in international law, the prin- Progressive Paganization of the American Mind...
...No some measure of control...
...I am always sorry to miss the the annexation of which has not been contemplated, his act literary and dramatic treat afforded by Mr...
...Week, in The Commonweal of July 7, I find that "the Another question relates to the nature of the territory found supreme Pontiff has just created the first native Chinese bishop...
...she was like a man, a soldier marching dog- time, the matter was of small moment, since the only land available was that which had been known "from a time when gedly into a firing line...
...It was most unbecoming for a stupid, sidered closed by the exploration and national apportionment first- and second-grade mistress to turn the house up- of Africa...
...But if am quite sure that those who have the chance to listen to a wholly uncommissioned, unauthorized private person at- Right Reverend Monsignor Henry of the Catholic University tempts to annex territory, the better view is that his act is will not soon forget the fine outline of the career of our greatvoid and incapable of being later ratified by his sovereign...
...I saw before me no child, no!: even a woman ing new territory, wherever it might be found...
...Any other nation ma' then claim the ing whether I cannot plan to be at Sir Bertram Windle's Funland anew...
...Paulding, and I becomes valid only if his government later r ltifies it...
...its various aspects," but added, "by comparison other aspects The claiming of new territory in the narle of a sovereign of the program are rather noticeably weak, though even the must rocessarily be done by an agent...
...Such discovery, however, its stubby fingers and brownish spots where the glaze does bestow upon the nation making it the right to follow it has worn off-rested on Mam'selle Anastasie's always- up by occupation...
...It is a distinct deprivation to have to miss Father beasts, "ferae naturae," it becomes "yes nullius," a thing be- Gillis's trenchant review of popular books, and I am wonderlonging to nobody...
...and occupied...
...faction in her eyes...
...I was very sorry indeed that I could be at the time being, but requiring the performance of further con- the Summer School only a single week, for there were half a ditions if it is to become permanent and absolute...
...ice, yards in thickness and at least as permanen : and stationary He was born in Lokia, China...
...That studded brocade and touched the pap :r stars on the has remained the substantial rule up to the present day...
...dozen courses at least that I should like to hear very much...
...TO the Editor:-When the syllabus of the Catholic SumTo this extent, mere discovery does confer title to the terri- mer School for the current session came to me at the tory discovered, but it is an "inchoate" title, as it has been beginning of the month, I looked it over and was very much called, a title good enough to bar the rest of the world for pleased with it...
...286 THE COMMONWEAL July 21, 1926 "0 ma petite, why did you do it...
...The result of this practice was just what anyone Infant Jesus of Prague...
...or more of the powers which have commissioned, or intended The end was not sudden...
...She need not, however, have felt so re- arctic island, for it can scarcely be large enough to be called morseful, as the burden of her presence was soon a continent, is found, undoubtedly it will be claimed by one removed...
...He seem as if an argument could be made to the sffect that such was consecrated bishop in the city of Canton in 1685 and ice had lost its marine nature when it acquired permanence and died in Nanking on February 28, 1690...
...This est American literary man, Lowell, as Monsignor Henry's is in opposition to the ordinary rule of the common law of lecture syllabus presents it...
...She felt `he stiff, jewel- accompanied or soon followed by occupation of the land...
...Another sovereign will deny JAMES J. WALSH...
...He was the first native since it was a solid floor upon which men could live indefi- Chinese priest and was the only native Chinese bishop up to nitely, that it "savored of the realty" and might be governed the time of the recent nominations...
...one hand-you know a doll's hand with viously unknown, is not necessary...
...I would annex a particular tract of territory, his action is clearly valid...
...By DANIEL J. McKENNA I expected Mam'selle Anastasie to look confused and contrite-she had always been in awe of the Directice THE contemporary search for a body of land in the vicin-but this time she remained calm and her eyes did ity of the north pole reopens an old question of internot leave my cousin's face...
...Even after complete occupation of newly annexed territory, I should surely like to be at Father Healy's lectures on Presentand, "a fortiori," after discovery but befo, e occupation, the Day Protestantism, and at Father Garesche's on Hospitals land may be abandoned...
...Innumerable wars have are other things like Professor Gibbs on The Education of arisen over boundary disputes...
...But how about a tract of perpetual and solid native Chinese priest and bishop...
...The muscles relaxed somewhat, ownership in the early days of American exploration, many of and the eyes opened to the room and taose about her...
...At times I felt that she was the memory of man runneth not to the contrary...
...Or vague natural boundaries may lead to endless arguments...
...If the Unfortunately, her physical peace was short-lived...
...EDWARD HUGHES, O.P...
...Probably yes...
...She wanted her deserted...
...She said quite firmly, "Not national law, namely, the right of a nation to acquire hitherto always," and, after a pause, apologized for the trouble unknown and unowned territory...
...But now at the end, she had changed the European nations have been intensely interested in acquirabruptly...
...Before that in pain...
...You should have DISCOVERY AND OCCUPATION told me...
...Until then discover countries "then unknown to Christian people" and she had suffered patiently, but as I have seen wise to take possession of them in the name of the king of England, children do...
...A single settlement on the coast of flash of relief or of anticipated joy appeared to con- an ordinary island would usually permit the parent country sole us...
...I should not have been allowed Since the days when Columbus unwittingly discovered a to assist had she not asked for me...
...He received the habit on as many a volcanic island...
...Her cold fingers passed over the painted deed, discovery, in the sense of finding a place previously unknown, is not necessary at all...
...like to be present for Monsignor Slattery's lectures on Dante, If a commissioned representative of a government claims land, always an up-to-date subject...
...Each country at first attempted to claim gravely, even sternly...
...For a moment breathing ceased, and then slowly she The European nations made many extravagant claims of rose to light and air...
...Then he she seemed to fall into a slight doze, but all at once would fill his water-casks and sail away, leaving the island she looked up and called my name...
...But if the problematical side down...
...must be some kind of a settlement or military post...
...If it be more extended, was grey with pain, and beads of perspiration glistened the occupying force should be sufficiently large to exercise on her forehead...
...The and Father John Ryan which the editorial has made much difficulty lies in the refusal of various nations, the ambitions of, show that the visitor to the Summer School during the of which are mutually antagonistic, to accept what in law present session will have a chance to gather in stimulating is called "an agreed statement of facts...
...A French or English sea-captain, neither knowQuickly I asked for the key to the cupboard and ing nor caring about the previous discovery of the Spaniard, took down the gaudy doll...
...If the United States were to become the small, and now, shriveled, bloodless lips...
...would expect...
...original discoverer of an island, and if another country were July 21, 1926 THE COMMONWEAL 287 to rediscover it immediately thereafter, the latter would have COMMUNICATIONS no right to claim or occupy the island unless or until the intention of the United States not to do so were evident...
...Our THE CATHOLIC SUMMER SCHOOL country would be entitled, under international law, to a rea- New York, N. Y. sonable time in which to plant a colony or ;ettlement thereon...
...Certainly, there same, as beautiful as ever...
...Incrown...
...area be a small one, a single individual, acting as representative Once more the agony of dissolution began...
...For example, a Spanish After the prayers for the dying had been recited, sea-captain, sailing by a previously unknown island, would land and claim it in the name of his sovereigns...
...any actual occupation of the land...
...prolonged and acute...
...His of the seas govern and will this ice be considered as nothing studies were made in Manila and after ordination to the but crystallized sea water...
...Just as obviously, an ice- monweal's readers that Father Gregory Lopez, O.P., of the berg or tract of water in the middle of the Atlantic cannot Holy Rosary province of the Dominican Order, was the first be occupied...
...ciples relating to discovery and occupation ar° clear but their All of that makes the teeth of my mind water and yet there application is of great difficulty...
...her eyes closed, the nerves on tion, in ancient days, consisted largely in pushing the limits each side of the face quivered, in horrified revulsion...
...Like the birds of the air and the wild leaders...
...This question was conshe gave them...
...If the land is known to exist, cheeks and chipped nose...
...which claims were subsequently relinquished because they could She could not, or would not, speak...
...Exploraplunging into an abyss...
...Outside the polar area, hardly any part of the earth remains without an owner...
...She looked at us not be defended...
...I brushed off the month's would rediscover the island and claim it for his own sovereign...
...It is easy to talk about the Music that I should like very much to hear...
...porary relinquishing of territorial control, but once definitely You can appreciate my surprise then when an editorial in made, it destroys any priority which the original occupier may The Commonweal praised "the attention given to sociology in have had...
...At the end of about ten minutes she started, to claim the whole island...
...Besides these, there are Professor agency, which permits subsequent ratificatior of the conduct Remy, the Very Reverend Patrick J. McCormick on our own of an unauthorized person who acts as an ostensible agent...
...of dominion into unknown, but adjacent territory...
...France needs teachers-living victims...
...The hands had try to claim the entire continent but would justify a claim to the territory immediately dominated by the settlement and opened in the last movement, releasing their hold...
...The death agony was to commission, explorers to search for it...
...She did not smile in the but is uncivilized and belongs to no civilized nation, any such possession of her treasure, but there was a quiet satis- nation may step in and acquire it by occupation...
...by the laws which refer to earthen territory...
...All these in right of the occupying government to cont -ol a reasonable addition to the sociology under Father Kirby, Father Ayd, length of coast, or to extend its claims into tlT e interior...
...An abandonment must be more than a mere tem- damental and American Ethnology lectures...
...Her face of his government, may prove adequate...
...for his settlement to control...
...The Infant Jesus was just the Just what kind of occupation is necessary...
...still the fingers clung to the doll...
...the propriety of more than fifty miles...
...Today, these T THE FIRST NATIVE CHINESE BISHOP questions are usually settled by treaty or arbitration, but in New York, N. Y. earlier centuries, before swift means of comriunication, they O the Editor:-In one of the paragraphs of Week by were settled by the sword...
...In this case, it lapses into its state and Nursing and Other Social Movements, for here are of non-ownership...
...dust which had settled on the pompous cloak and Eventually, the nations recognized that mere discovery of placed the Infant in her hands, which reached up for uncivilized land did not establish title thereto, unless it was it from under the covers...
...Will the old law of the freedom January 1, 165o, and was professed on March 7, 1651...
...One sovereign will reviews of recent thought movements and still more stimulatassert that a coastal stretch of one hundred miles is proper ing material for intellectual attention next winter...
...Obviously, an island or contine lt, consisting of Permit me to bring to your attention and that of The Comearth and stone, can be occupied...
...If this agent has been most insistent literary critic would find something to ease his specifically authorized by his government to search for and smart...
...She was then infinitely older all land discovered by its own representative, irrespective of than my cousin will ever be...
...I am tempted to say, "I should hope so...
...It was rather odd-the Infant Jesus of Prague tot- I said that discovery, in the sense of finding a place pretered and fell...
Vol. 4 • July 1926 • No. 11
