Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-06

which discovered and shall be discovered hereafter in
said ocean, in the parts mentioned of the lnde the in
habitants of all that country may be better gocerncd
give you such power and cici and criminal jurisdiction
high and low, &C..
The commission to Ward and others in 1901 authorizes
these persons heir heirs factors and deputies, sail TO
and explore at their expenses, all islands countries
regions and provinces whatsoever in the western,
southern and northern unknown christians and
set the royal bannern such places they may disco
and TO subde and take possession Ct The same, Sc
The earliest English Commission is that 10 Caboi:lt
grauts and gives license TO the either Of lhcm
their ehero their heirs deputies. aGx Oore
said banners and insignia in city castle island
continent, by them newly discovered, SC"
Queen Elzabeth's charter 10 Sir Humphrey Gilbert,
empowers him all times hereafter TO discover find
search out and view such remote heather and bararous
lands counties aud territories not actually possessed
any christian prince people, TO him, his heirs, and
by and enjoy 10 him. his heirs aud assigns en- with
all commodities jurisdictions and royalties by sea and and
and further, shall have, hold and occupy all the sell
all such, &c and OF all cities castles, towns and villages
IN The same with the rights royalties, and jurisdicOns
Sc
To Sir Walter Raleigh granted call the soil of all such
lands, territories and countries, be discovered pos
scssed as aforesaid and OF all cities castles towns viii
lagos and places in the same with the royalties franchises
and Jurisdictions SC.
The patent from the King France 10 the Seur de la
Roche, Lieutenant General of Canada, in 1885, empowers
im ito enter those foreign ports, obtain possession
them, ancable terms, and if necessary by force of
arms and strong hand and all other modes of hoitv
attack towns forts and dwellings, bring them su6iec
hoh 10 us; 10 build other towns and iorS TO make laws
statutes and ordinances, and them
10 punish pardon delnquents shall him good
Provided always that hey be occupied by other pow
crs friendly to us" sc.
These are the ancient charters OF the modern
ones let that granted 10 Massachusetts, spec
$40 take and hold the said part of New. England in
America, which lies and extends aud is abued aore
sa and every part and parcel thereof and all the said
rivers ports ravens waters, fisheries mines min
erals, Jurisdictions franchises, ROYALTIES liberties p.i
icges, commodities Embellishments, Sc whatsoever 10 the
said, &c, their heirs, Sc, forever &c.'
may be asserted, without the fear Of contradiction,
that every charter to British colony prior the
dependence OF the United States equally general in
its grant of soil and Jurisdictions conveying AS expressly
aswords could convey all the objects, upon which po-
cal power can operate.
And what constructive restraint can be imposed upon
terms so plain and comprehensive in their signc alton
by which these "oy expressions may be brought down
10 simple declaration to the civilized powers the earth
That they must not interfere with these grantees in any
purchases they might make of tie Indians and TO mere
permission 10 make such purchases Will that limitation
DC ioun rs mas been suggested in the opinion the Su-
prcme Court, i'll the power make war offensive or de-
ienslve And does that power, granted and un-
derstood operate, by necessary implication TO exclude
from the jurisdiction of the colonies the Indians living
within their boundaries Let examine The first char.
ters conveyed authory.-'"ro take and sunrise by all
manner OF means whatsoever all and every person or
sons with their ships, vessels and other goods and rni-
ture, which without the license of the said Sir H. &c
shal be found raiicking in any harbour creek within
to limits Aforesaid &c and those persons and every of
them, with their ships, vessels goods and furniture TO
tain and possess of good and lawful prize according 10
the discretion OF him the said Sir H. &c without any di
rect ausion 10 the natives The object of these poyis
IONS was to enable the cooniss protect themselves from
thc attacks OF Europeans, apparent from their union
with the power TO seze the ships, arms ammunition and
other goods OF invaders, &c. and from the cautious
raons that those who committed hosi,ies without inst
cause shond be placed out of the Kings protection "a
clause, which is well known have served as preiex If
for the sacrifice Of Sir Walter Raleigh
1t Is only at later period, that the Indians arc
ecu mo me charters IN connection with the making
power and then, to enable the coonsts TO carry on any
uItsS operauons against them, without being stopped
py ueir chartered limits Connecticut is thus empo " cred
upon Just causes TO inudde destroy the natives or
Oher enemies OF the said colony" The word ,afires
mere Is OBVIOUSLY SYNONYMOUS with Indians and NOT a
descriptive epithet embracing only the native horn obo
ilshes OF That colony. 'And because in so remote a
country, says the Charter TO Penn .snear 81 nnnv ~
Oalou nations the ncurson well the sayages as of
oheF enemies, &c to be feared therefore the poycr
9 3 war IL gwen "lncursions' into what Why into
The solution of the apparent difficulty in this case lies
upon the surface All the Indians within tho JoI
limits of every Colony, were the legal subjects oC ,h
coohy responsible TO its government in any wav that o
V1tneh might think proper TO control them IT, as is
evident from the whole tenor of history the charters
S"'et Jt"'S, conferred the absolute dominion within their
boundaries all persons living therein were subject 70 the
Jto S osaoshed and liable TO be punished dis.
cteuoh Tor contumacy. No power make war upon
such persons was necessary. The power TO sunnrese
er resistance and TO restrain them in subiection was
necessarily incident TO the nature of the qraDt TI d
Hhe ~ wen stated and illustrated by Doiplass in his bis
tS'Y Oh me BRUSH settlements in North America Wbcn
the country oil the Indians war with us lies unnn ,
Nohuer' OUT without our grants, call il a war i'm the
common acceptaion; if within our grams h,t ,yi,bot.
our settlements call it eruptiOn in our proclanoiions
al Tho. No.,
England wars with the Abnaquies: if iuermiynd vn,
our settlements, il is instructions such we're M ,
OF he Fequots ammo 1857, and Of King Pbip and HE
federates, ammo 1885, F N "'' 'o"'
Dut any view, is not easy perceive how tbo cI,s
VI e coohs can be controlled by the provision lbot the
causes oil war must be just If they had right TO the
anu us inhabitants any effort of the latter 70 inter
Iupt ms sht would be just of war; and such var
would be wagcd for their "deERccs" To asccr,,i, ,,
Jsuce oil the war the rights OF the parties mus bc
ousy asceftaned; the former depending upon the ucr
ana not the latter upon the former.
-. 0"Ii Tc the views, presented by cursorv exonino
@ Vi he charters These views are fortified bv the on;
n oI elementary writers upon natural law by tl,e con-
esunohy oil historians, and by the decisions and
Oh Judicial tribunals and public auoritos
harteh says, "From the moment nation b.yo ,aLa
possession OF territory in right OF first occunic and %
tne uesign TO establish themselves there for the f,,,
ey become The absolute and sole proprieto If II d al
uos u e0'ltd"'sj and have right 10 exclude All oitcr
w nun " ana dispose OF IL, as they think proper It
belongs TO the possessors, of course TO make he
" ~ cf territory and OF every Thing attached to
I'e 49, says Fatte "anothcr celebrated ouestio,
70 "mch the discovery the new world has
gwen rise 1t Is asked, whether nation NAV IarfnIiy
sHo possession oil some part of a vast country in WINK
ec are none but eraHc nations whose scantv ,on,,
non incapable OF occupying the whole We hsvn L.
'eu; III establishing the obligation TO cultivate the
,' na' uose nations cannot exclusively appropriac Il,
more land than they have occasion or or ,or
Ivy are aDIe TO settle and cultivate. Their unsettled
, W hoSe immense regions cannot be accounted
cosa sd' possession, and the people of Europe Zoo
IoSGy Peht UP at home, finding land of which tc s.
s'oIl III no particular need and of which tbev made mo 81
anu constant use, were lawfully entitled iot,ke IL an
se'ue u WIN colonies" 1--WE do NOT tbcroc -, u
IRON me views OF nature in conhniDp ,e InJ;,os -, @
49,, ,Is " men nation takes possession ola corn 1