Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-17

jurisdiction over the Cherokee Nation, and of the
rights and powers consequent on jurisdiction.
The first step, then, in the inquiry which the
Constitution and laws impose this Court, is an
examination Of the rightiuness of this claim.
America, separated from Europe by wide ocean,
was inhabited by distinct People, divided into sepa-
rate nations, independent of each other and Of the
rest OF the world, having institutions of their own
and governing themselves by their own laws. IL is
difficult to comprehend the proposition that the in
hDtants oil either quarter of the globe could have
rIghtul original claims of dominion over the inhab-
tants of the other the lands they occupied:
or that the discovery of either by the other should
give the discovcrer rights in the country discover
cd which annul the precxsting rights of its ancient
possessors.
After lying concealed for series of ages, the en-
terprise of Europe, guided by nautical science con-
Quoted some her adventurous sons into this West
ern world. They found it in possession of people
who had made small progress i'm agriculture or ma
n'Ifactures, and whose general empoyment was
war, hunting and fishing.
! Did these odventurcrs, by sailing along the coast,
and occasionally landing ON it, acquire for the Sc
veral governments to whom they belonged, OF by
whom they were commissioned, righiful ,,,operty
I'm the soil, fronfrhc Atlantic To the Pacific; or RIGHT
fui dominion over the numerous people who occu-
ped 1t. Or has nature, the great Creator of all
ihings conferred their rights over hunters and fish
erinen, or agriculturists and nianufacturcrs3
But, power, war, conquest, give rights which,
after possession, are conceded by the world and
which can never be controverted bv those ON whom
they descend. We proceed, then, to the actual
state of things having glanced their origin: be-
cause holding it in recollection might shed some
hight ON existing pre,cnsions.
Inc great maritime powers of Europe dis
covered and visited different parts of this continent
at nearly the same time The object i'm
mense for any one of them to grasp the whole; and
the claimants were too powerful to submit to the
exclusive or unreasonable prctensons of any single
potentate- To avoid bloody conflicts, which might
terminate dsastrously to ALL it necessary for the
nations OF Europe to establish some principle which
all would acknowledge, and which should decide
their respective rights as between themselves. This
principle, suggested by the actual state of things
was, 'that discovery gave title to the Government
by whose subjects or by whose authority il was
made, against all other European Governments,
which title might be consummated by possess
sion."A
L. This principle, acknowledged by all Europeans
because il the interest of all to acknowledge il
gave to the nation making the discovery its cvi-
table consequence the sole right of acquiring the
soil, and making settlements on it. 1t was an cx-
elusive principle, which shut out the right of com
petition aiaong those who had agreed to it, not
which could annu the previous rights of those who
had not agreed TO it, Ii regulated the right given
by discovery among the European discoverers: but
cothd not affect the rights of those already i'm pos
session, either aboriginal occupants occupants
ny virtue OF discovery made before the memory
of man. Ii gave the exclusive right TO purchase but
did not found that right denial of the right of the
poSsessor to sell.
The relation between the Europeans and the ma
ives was determined in each by the particular
Government which asserted and could maintain this
/ prc-empve privilege i'll the particular place The
united States succeeded to all the claims of Great
ranboth territorial and politica but no attempt so
lar as is known, has been made to enlarge them So
far as they existed merely in theory or were i'm their
nature only exclusive of the Claims of other Euro-
pcan nations, they still retain their original character
and remain dormant. So far as they have been
practically eXerted, they exist in fact are understood
by both parties, are asserted by the one and admit
ted by the other.
Soon after Great Britain determined on planting
colonies IN America, the king granted charters TO
companies OF ms subjects, who associated for the
purpose OF carrying the views of the crown into eff
feet, and of enrlching themselves. The first of
these charters was made before possession TAX
on OF any part of tio country. They purport gem
orally to convey the soil, from the Atlantic to the
South Sea. This soil was occupied bv numerous
and warke nations, equally willing and able TO de-
fend their possessions The extravaganza and alb
snrd idea, that the feeble settlements made on the
sea coast, or the companies under whom they were
made, acquired legitimate power by them to govern
the pcope, or occupy the lands from sea 10 sea- did
not enter the mind OF any man. They were well
understood to convey the title which, according to
the common lawoi European sovereigns respecting
America, they might rightfulIy convey, and no more
This was the exclusive right of purchasing such
lands as the natives were willing to sell. The crown
could not be understood To grant what the crown did
iioi uhcCt 10 claln, nor was IL so understood.
The power of making is conferred by these
charters on the colonies, but defensive war alone
seems to have been contemplated. In the first char
ter to the first and second colonies, they are en-
powered, "for their several offences to encounter
eNpulse, repel, and resist, all persons who shall
without license, attempt 10 nhabit "within the said
precincts and limits of the said several colonies or
that shall enterprise or attempt at any time hereaf-
ter, the least dermcnt annoyance of the said Sc
veral colonies plantations"
"The charter TO Connecticut concludes a general
power TO make defensive war with these terms "and
upon just to invade and destroy the natives or
other enemies of the said colony"
The same power, i'll the same words is conferred
on the Government of Rhode Island
The power to repel invasion and, upon Just cause,
10 invade and destroy the natives authorises often
sive well defensive war, but only son inst
cause" The very terms imply the existence of n
country to be invaded, and of enemy who has civ
en- just cause of war.
The charter of William Penn contains the follow
ing recital: Sand because i'm so remote country
near so many barbarous nations the incursions, as
well of the savages themselves as of other enemies
pirates and robbers, may probably be feared there
fore we have gwen" &c. The instrument then
confers the power of war.
These barbarous nations, whose ncursions were
feared, and to repe whose incursons the power to
make war was gveuwere surely considered as the
Subjects of Penn, or occupying his lands during his
pleasure,
The same clause is introduced into the charter to
Lord Baltimore.
The charter of Georgia processes to be planted
the charitable DIIrDOse cnablino moor