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by any of the rivers that come in there, is a proposition which no amount of modern books will prove.

Mr. ROBINSON.—Well, I am not desirous for one moment of arguing this question at length, or expressing any opinion of my own. All that I can say is that I find it laid down in the clearest language in the book which my learned friend has referred to, and your Lordship will find that confirmed.

The LORD CHANCELLOR.—We really cannot have the laws of the World made by gentlemen, however learned, who have published books within the last twenty or thirty years.

Mr. ROBINSON.—I do not desire to have the laws of the World made in that way.

The LORD CHANCELLOR.—Can you find any such proposition in Chancellor Kent ?

Mr. ROBINSON.—No, I do not know that he was written a word on the subject.

The LORD CHANCELLOR.—Or Wheaton ?

Mr. ROBINSON.—No, I do not think he has written upon it.

The LORD CHANCELLOR.—These writers merely generalize from the reasoning which has been employed between particular nations and particular subjects.

Lord ABERDARE.—It must be borne in mind that Charles II. was utterly unaware of the enormous bearing of such a proposition as yours.

Mr. ROBINSON.—As all the persons were who took possession, or as all the powers were who took possession, of the new world at the time ; nevertheless the other grants were construed upon that footing.

The LORD CHANCELLOR.—It is quite certain that France never recognized any such idea, nor can I perceive that it was ever suggested on the part of the Hudson's Bay Company in the early stages. We first meet with it in the Selkirk grant of 1814.

Mr. ROBINSON.—You will find some grants by France very much upon the same principle, granting rivers, and the lands upon rivers, which were held to mean the same thing ; but at all events, I have in Sir Robert Phillimore's work, the last edition, first volume, page 277, and the previous edition at page 338——

Lord ABERDARE.—Are those the pages which were substantially read yesterday ?

[1927lab]



 

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