Who has yet pretended to
define, how much of America is included in Brazil, Mexico, or Peru? It
is almost as easy to divide the Atlantick ocean by a line, as clearly to
ascertain the limits of those uncultivated, uninhabitable, unmeasured
regions.
It is, likewise, to be considered, that contracts concerning boundaries
are often left vague and indefinite, without necessity, by the desire of
each party, to interpret the ambiguity to its own advantage, when a fit
opportunity shall be found. In forming stipulations, the commissaries
are often ignorant, and often negligent; they are, sometimes, weary with
debate, and contract a tedious discussion into general terms, or refer
it to a former treaty, which was never understood. The weaker part is
always afraid of requiring explanations, and the stronger always has an
interest in leaving the question undecided: thus it will happen, without
great caution on either side, that, after long treaties, solemnly
ratified, the rights that had been disputed are still equally open to
controversy.
In America, it may easily be supposed, that there are tracts of land not
yet claimed by either party, and, therefore, mentioned in no treaties;
which yet one, or the other, may be afterwards inclined to occupy; but
to these vacant and unsettled countries each nation may pretend, as each
conceives itself entitled to all that is not expressly granted to the
other.
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