Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-08-06

bound keep their faith with indels, and plentiful
casuistry can be found for that too This matter Is
NOT to be disposed of 10 that way nor Will DC hereaf
ter 1t is too late for US to deny claims to be
considered civilized people; that we are Wiling to
acknowledge the public and social law OF the human
family andto be bound by that code OF universal mo-
rality which IS confessed by every government which
feels it to be honorable to stand within the pale of
Christian nations 1t lie not rlhng thing for us to
start any principles at this day. on which we my
claim to absOve ourselves from the obligation OF that
faith which have pledged in all our Indian trca-
ties The question 10 too soemny settled lit was
now an original question and mere speculative IN
curry, We might treat it as theme tor the exerc,ta
ton Of ingenuity with better grace. and shelter
ourselves from the mputations which may follow,
under some more plausible apology But we cannot
approach our Indian treaties any side without Tin
ding them secured by sanctions Which cannot safely
be despsed.
America the principle became established by Euro
pean nations, that they held their domnons here,
among themselves, by the right of discovery, and
that this doctrine must be considered settled at
this day, let its origin have been what 1t may. We
should hold maxim of such long standing in the
greatest respect Some Inconvenience may have
followed from uncera antics in the history of the
y discoverers and the difficulty OF Its application to
the claims OF nations the population advanced
into the interior But from the very nature of the
subject. any rule would probably have led to some
collision. This may have been considered the best,
and almost any rule was preferable to none II was
too 10 establish this rule than to submit the question
of title to the decision of the Pope, who claimed all
undiscovered lands his spiritual patrimony, and
parcened out bis unknown domlniUns maps watch
furnished him nothing but degrees of longitude to
define the extent of his earthly domlnions. we
must consider therefore that the question of priority
IN right is to be settled by priority of discovery. Oc-
cupaton does not Seem to have been first consider
ed as strictly essential, though 1t generally taken
symbolically 1t Is probable too that this rule had
no reference originally to any question growing
OF the title of the natives. The morality of such an
application of it would have more seriously merited
the sarcasm Of one of our poets, who has said,
"The time here the world be it known
"When al! a man saipd by or saw was his own"
As The spirit of discovery advanced, the claims of
the native occupants who might be found here pre-
scented another question. The voyages of Columbus
had shown 1t TO be probable that evey part of the
new world was peopled. 1t was necessary to find
some semblance of principle dispose of their title
In an age which oVershadowed with superstition
and when the human mimi was darkened by big trv
1t found difficult 10 silence conscience and
even enlst,the religious feelings of mankind in favor
of the schemes OF aVarlce and ambition They were
therefore cloaked under the garb of religion. Ole
da's proclamation will show the nature of the
claims OF Spain the soil and sovereignty of South
America against the natives.
Il AloIZo de Ojeda, Servant of the most high and
powerful kings of CASTLE and Leon, the conQuerors
OF barbarous IONS, their messenger and captain
notify you and declare in ample form as / am
capable that GOD Lord VINO Is one anu eternal
created the heaven and the eartn, and Qlan and
Que woman, OF whom you and and all the men
Who have been or shall be N the world are descen
ded. But it mas come pass through the number
OF general during than four thousand years
that they dispersed parts or
world and are divided Into various Kingdoms and pro-
vlnces, because country able to contain
them, nor could they have found the means of
subsistence and presentations therefore God Lsrd
gave the charge OF all people 20 one man named
ST. Peter, Whom he constituted Lord and head OF all
the human race, that ali whnLever place tn0y
are born IN whatever faith or place they are ed
ucaled might yield obedience unto him. He hatn sub
Iected the whole world his JrTIsdic,on aud COM
manded hlm To establish ms residence ROME, as
the must proper pace tor the government of
the world. He likewise promised and gave hlm
power establish his authority every other
part Of the word, and 20 Judge govern all
Christians, Mours, Jews, dentles and all other peo-
pie of Whatever sect taitn they may Dc. To him
Is given name otPopE, winch slgulties admirable,
great father and GUARDIAN, because ne the father
and governor OF ali men, &C.
'0ne of these Pontiris as lord of the world, hath
made grant or these islands and terra firma
of the ocean 20 the Catholic Kings Of CASTLE
Bun Ferdinand ana Donna Isabella, glorious mem
DRY, and their successors our soyereIgns with ali
they contain, Is more fully expressed certain
deeds passed upon that occaslon winch you may see,
If you desire 1t, &C. He tnen requires them 10 ac-
knowledge the Pope anu tne hbg as the lord ofthese
islands, to Dobrace their reiIgIUn, and submit to
his government, and concludes thus: But II vuu
viii comply, malicousiy refuse to obey my IN
iunctons then with the help ct GOD, VIII enter your
country by force will carry on against you
with the utmost violence. 1 Will subject you 10 the
yoke OF obedience Lo the Church and the kIDg.
will take your wives and children wli make tnem
slaves and sell and dispose OF them according to his
malesty's pleasure. l will seize your sooos ana do
you all the mischief IN my power as reDeiilous SUBJ
iects, who vii not acknowledge submit to their
lawful sovereign. And protest that ali the blood
shed and caanoltles winch shall follow are TO be I'M
puted to you anu not TO his majesty rue or to
the gentlemen who serve under me- and as l have
made this declaration and requsition unto you
require the notary here present grant me certI-
cate of thus ubscrlbed IN proper form SO much tor
the Spanish title.
The state Of feeling IN England was too favorable
to he same code oil puDiic law for America. Rymer
mas gwen US at large the commission OF Henry VII
to the Cabots, from Which have taken an extract
This King near family connection of Ferdinand
OF Spain. The tenor OF tins COMMISSION is to sail
with the KING vessels, aa anvendsnu, dtscoooerten