Page:United States Statutes at Large Volume 7.djvu/12

2 INDIAN TREATIES. The exclusion of all other Europeans, necessarily glave to the nation making the discove the sole right of acqumnglthe sor from- the natives, and establishing setdyements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which, by others, all assented. _ Those relations which were to exist between theldiscoverer and Ithe natives, were to be regulated by themselves. The rights thus acquired being exclusive, no other power could interpose between them'. _ I In the establishment of these relations, the rights of the or1g1nal1nhabitants were, in no instance, entirely disregarded; but were necessarily, to a considerable extent, impaired. They were admitted to the rightful occupants of the soil, with a legal as well as Just claim to retain possession of it, and to use it accordinlg to their own discretion; but their rights to complete sovereignty, as in ependent nations, were necessarily diminished, and their power to dispose of the soil at their own will, tolwhomsoever they pleased, was denied by the original fundamental principle, that discove gave exclusive title to those who made rt. _ _ Wrhile the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate right to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy. The history of America, from its discovery to the present day, proves, we think, the universal recognition of these principles. Spain did not rest her title solely on the grant of the pope. Her discussions respecting boundary, with France, with Great Britain, and with the United States, all show that she placed it on the rights given b discovery. Portugal sustained her claim to the Brazils by the same tide. France, also, founded her title to the vast territories she claimed in America on discovery. However conciliatory her conduct to the natives may have been, she still asserted her right of dominion over a great extent of country not actually settled by Frenchman, and her exclusive right to acquire and dispose of the soil which remained in the occupation of Indians. Her monarch claimed all Canada and Acadie, as colonies of France, at a time when the French population was ve inconsiderable, and the Indians occupied almost the whole country. {He also claimed Louisiana, comprehending the immense territories watered by the Mississippi, and the rivers which empty into it, by the title of discovery. The letters patent granted to the Sieur Demonts, in 1603, constitute him lieutenant-general, and the representative of the king in Acadie, which is described as stretching from the 40th to the 46th degree of north latitude; with authority to extend the power of the French over that country, and its inhabitants; to give laws to the people, to treat with the natives, and enforce the observance of treaties; and to parcel out and give title to lands, according to his own judgment. The states of Holland also made ac uisitions in America, and sustained their right on the common principle adopted by all Europe. The allege, as we are told by Smith, in his history of New York, that Henry Hudson, who sailed, as they say, under the orders of their East India Company, discovered the country from the Delaware to the Hudson, up which he sailed to the 43d degree of north latitude; and this country they claimed under the title acquired by this voyage. Their first object was commercial, as appears by a grant made to a company of merchants in 1614; but in 1621, the states-general made, as we are told by Mr. Smith, a grant of the country to the West India Company, by the name of New Netherlands. The claim of the Dutch wasalways contested by the English; not becausethey questioned the title.-gven by discovery, but because they insisted on being themselves the ugh ul claimants under that title. Their pretensions were finally decided y the sword.