for the purpose of trade or barter,
or for any other cause--none of which are known or believed to be
so--it does not follow nor can it be asserted that Maluco was found
by ships of the King of Portugal, as is required by the said treaty,
and therefore the foregoing being, in fact, outside the terms of the
treaty, we are outside of its jurisdiction and obligation.

Furthermore it was declared in our behalf, that, although Maluco had
been discovered by ships of the King of Portugal--a thing by no means
evident--it could not, on this account, be made to appear evident, or
be said that Maluco had been found by him. Neither was the priority of
time, on which he based his claims, proved, nor that it was discovered
by his ships; for it was evident, that to find required possession,
and that which was not taken or possessed could not be said to be
found, although seen or discovered.

Leaving out of consideration the decision of the law, even the
general opinion which was on my side and which comprehends and binds
by virtue of common sense those who recognize no superior, and which
all of us were and are bound to follow, pointed to the same thing,
and it was proved clearly by the said treaty on which we both founded
our pretensions, without any necessity arising of dragging _ab extra_
any other right or allegation; because if he who found land, found
it in the other's demarcation, he was bound to surrender it to him,
according to the terms of the said treaty, it is evident, and follows
plainly, that he who found the land must first hold and possess it,
because not holding it he could not surrender it to the other, who
petitioned him for it, on the grounds that it had been found within
his demarcation. If any thing else should be declared, it was in
violation of the terms of the said treaty, which must be understood
and fulfilled effectually.

From the above it followed clearly that the finding of which the said
treaty speaks, must be understood and is understood effectually. It is
expedient to know, by taking and possessing it, that which is found;
and consequently the most serene King of Portugal, nor his ships,
can, in no manner, be spoken of as having found Maluco at any time,
since he did not take possession of it at all, nor holds it now, nor
has it in his possession in order that he may surrender it according
to the stipulations of the said treaty.

And by this same reasoning it appeared that Maluco was found by us a