But such disputes may not only arise concerning the real existence of property and possession, but also conceding their extent; and these disputes are often susceptible of no decision, or can be decided by no other faculty than the imagination. A person who lands on the shore of a small island, that is desart and uncultivated, is deem'd its possessor from the very first moment, and acquires the property of the whole; because the object is there bounded and circumscribe'd in the fancy, and at the same time is proportion'd to the new possessor. The same person landing on a desart island, as large as Great British, extends his property no farther than his immediate possession; tho' a numerous colony are esteem'd the proprietors of the whole from the instant of their debarment.
But it often happens, that the title of first possession becomes obscure thro' time; and that 'tis impossible to determine many controversies, which may arise concerning
him, and takes possession. What is the reason of this difference, but that immobility, not being natural to the hare, but the effect of industry, forms that ease a strong relation with the hunter, which is wanting in the other?
Here then it a pears, that a certain and infallible power of enjoyment,
without touch or some other sensible relation, often, produces not
property: And I farther observe, that a sensible relation, without any
present power, is sometimes sufficient to give a title to any object. The
sight of a thing is seldom a considerable relation, and is only regarded
as such, when the object is hidden, or very obscure; in which case we
find, that the view alone conveys a property; according to that maxim,
that even a whole continent belongs to the nation, which first discover'd it. 'Tis however remarkable, that both in the cue of discovery and that of possession, the first discoverer and possessor must join to the relation and intention of rendering himself proprietor, otherwise the relation will not have its effect; and that because the connexion in our fancy betwixt the property and the relation is not so great, but that it requires to be held by such an intention.
From all these circumstances, 'tis easy to see how perplex'd many
qestions may become concerning the acquisition of property by occupation;
and the least effort of thought may present us with instances, which
are not susceptible of any reasonable decision. If we prefer examples,
which are real, to such as are feign'd, we may consider the following one,
which is to be met with in almost every writer, that has treated of the
laws of nature. Two Grecian colonies, leaving their native country, in
search of new seats, were inform'd that a city near them was deserted by
its inhabitants. To know the truth ot' this report, they dispatch'd at once
