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Demarcation

line, islands, treaty, west, moluccas, portuguese, portugal and east

DEMARCATION, Line of, the boundary established 4 May 1493 by Pope Alexander Vt who assigned to Spain all the lands she had dis covered or might discover west of a line run ning from the North pole to the South, distant 100 leagues west of any of the') Azores and Cape Verde Islands (provided such lands had not been in the actual possession of any other Christian king or prince up to the preceding Christmas), and to Portugal, on the same con ditions, all the territory she had discovered or might discover east of the said line. The gov ernments of the peninsula held that the Pop had sole and absolute authority to dispose o all countries inhabited by heathen peoples; moreover the papal bull inter catera of 4 May 1493, forbade all persons without special per mit to go afor the purpose of trade or any other reason* to the islands and mainlands thut granted exclusively to Spain and Portugal. After this territorial concession had been mad; Portugal's possessions in the eastern sphere were called the East Indies, and those of Spain in the western hemisphere were called the West Indies. An extension of the papal gift of the Indies was made in the bull dated 25 Sept. 1493. A dispute arising in regard to the position of the line of demarcation, the two countries concerned sent commissioners to the Spanish city of Tordesillas, and on 7 June 1494 the commissioners agreed that the line should pass, north and south, 370 leagues west of the Cape Verde Islands. On the strength of this agreement, Portugal claimed and secured the eastern part of South America (see BRAZIL). After the Victoria returned to Seville (1522) from her voyage to the Moluccas, and so round the world, the Portuguese accused their rivals of having broken the treaty of Tordesillas. The Spaniards in reply said that the Spice Islands (Moluccas) were not within the limit') of the Portuguese territory.. To settle this' im portant dispute, a congress was convened a4 Badajoz in 1524. Commissioners of both coun tries were in atfendance — Fernando Columbus, Sebastian Cabot and others. The two main points to be decided were: (1) Whether the line of demarcation should be drawn at the Stated distance west of the western or eastern limit of the Cape Verde Islands; and (2), where it would pass on the opposite side of the earth. This Badajoz junta failed to come to an agreement "'owing to the Portuguese ex perts, who could not overcome this dilemma; If the line was pushed more to the west, Portu gal would gain a greater part of Brazil; but she might lose all rights over the Moluccas, as the Tine, of course, had to be carried to the other hemisphere as The treaty of Vitoria, signed 19 Feb. 1524, provided that, inasmuch

as some doubt existed between the sovereigns of Castile and the king of Portugal as to the possession and ownership of the Moluccas, there should be appointed by each one of the parties to the treaty "'three astrologers and three pilots, and sailors, for the determination of the demarcation.° A treaty negotiated at Saragossa and signed by representatives of the Spanish and Portuguese monarchs 22 April 1529 fixed the line of demarcation leagues east of the Moluccas, Spain selling for a stated sum whatever rights she had formerly claimed to possess in the Spice Islands, and agreeing for the future practically not to colonize, and expressly not to °trade there in any manner whatsoever.° It did not seem necessary at that time to raise the question as to the location of the line in the New World, though it is plain that if the circle thus °determined from pole to pole" in the east had been logically completed, Portugal would have been excluded from the South American continent. The bearing of this matter upon Spanish rights in the Philip pines is of special interest. The Molucca, Islands, the Philippines, and, indeed, the western half of Australia lay within the Portuguese as signment, as a matter of fact. Therefore the principal Spanish settlements and explorations in the Far East appear to have been made in contravention of Portugal's treaty rights. A dispute over the southwestern boundary of Brazil in the 18th century resulted in the abro gation of the line of demarcation and all agree ments based thereon by a treaty of 1750. This treaty was also abrogated in 1761 and all dis putes involved were at length settled by a new treaty in 1779. The other nations of Europa paid little regard to the papal bull. Consult Blair and Robertson,

. . with an inquiry concerning the Metrology of Ancient and Mediaeval Times,) (in Proceedings of Royal Society of Canada, 1899) ; Bourne,