I»linute«
I think the passage in the draft memorandum about
the strength of our title to Hull Island can stand,
although it would "be interesting to know on what date the
initial discovery by the UvS. took place, whether the
discoverer was an officer in the U.S. navy or other U.S.
Government official, and whether formal claim to the
island on behalf of the U.S. was made.     It would also
be interesting to know whether any U.S. citizens have
ever lived on the island and whether there is any record
of any attempt by the U.S. Government to exercise
sovereignty over the island, e.g. by the grant of leases
in respect of it.
However, so far as our records go? the position
seems to be that the U.S. never followed up their initial
discovery by any effective occupation or by the exercise
of any effective sovereignty over the island.     In these
circumstances the inchoate title which the initial
discovery may have given them must be held to have lapsed,
as it is an accepted principle of international law that
discovery by itself does not confer a title, but only a
right to complete the title within a limited period by
following it up with occupation or at any rate the exercise
of sovereign rights.     If this is not done the territory
in question becomes once more ownerless and subject to
acquisition by any other Power.
So far as we know, we are the only country to have
effectively occupied the island and to have exercised
sovereign rights over it.     In these circumstances we
ought to be able to take the case to arbitration, if
necessary, with confidence.
(Intlld.)
17th January » 1939.