New-York daily tribune., 1843-05-03
=. b,rd If Roman Catholics in 1859: and gog-

.o,nIe az that C;fristian course which Is 50 prop
e-,r admired and extocd IN Penn. To lay
foundation Tor firm and lasting friendship tAe'
called assemblies of the Indians, ID inquire VINO
had a right to dispose Of their lands, ard beng
told that it was their SacEenns or Princes, ineF
,bercupon agreed with them fer what ois.iietS
they bought, publicly and IN open market II DE-
cafao, finally, IN ali the settlements undertakess ~
,,aorest proprietors. a fundamental pnncipc, that
territory was to be purchaaef from the aoo'lgnes'
and this did not spring from the plantation office
:, Engisnd but was rendered necessary to tae m
tercsa Of the proprietors by the e'ampe ly't men
toned and the dispositions Of It's rulers
The United Statcs, since they became lndeper-
dent have cnequivocaily acceded TO that great and
broad rule by which its civilized inhabitants nog
bod this country. They hold AMI assert II theIa-
selves the title by which ii was acquired. hey
,oaintain. as all others have maintained, that dis
coyerv gave an exclusive right &c e5tinguisil the
Indian title Of occupancy, either by purchase or
by conquest; and gave also right to such de-
gree OF sovereignty, as the circumstances OF the
people would allow them 10 exercise.
The States having within their chartered limits
different portions Of territory covered by indians
ceded tina, territory, generally, 10 the United States
on conditions expressed in their deeds of cesslon,
which demonstrate the opinion that they cedcd
the soil as well as jurisdiction, and IN DONG So
they granted productive fund TO the government
OF the Union.
The MAGNIFICENT purchase of Louisiana was ise
o,rcbase from France of a country alrnor entirely
occupied by numerous tribes o Indians WHO were
in fact ctindepcpdcnt. Our acquisitions from Span
are of the same character and the negotiations
which preceded those acquisitions recognize ana
elucidatc the principle which has been received as
the foundation of all European title III America.
The power now possessed by the Government
of the United States to grant Lands or titles to the
public lands resided, while we were Colonies, III
the Crown, or its grantees. The validity Of the
titles given by either has never boen questioned
in our courts II has been exercised uniformly
over territory in possession of the Indians. Al
our institutions recognise the absolute tic OF the
Crown, subject only TO the Indian night OF occu-
pancy. and recognise the absolute title OF the
Crown TO oxtnguish that right. This is incom-
patibc with an absolute and complete title IN the
Indans.-(Jadge Marsdait9
The chcapne.s OF land and the facility with
which conveyanccs were made. Ivy system
nearly uniform in all the ColonIes, induced most
of the settlers 70 become propretors OF the soil
ard contributed 10 establish throughout the coun-
try an independent yeomarry The INSTANCES III
which agricultural estates were held on lease or
a stipulated rent were comparatively icw IN mum
bcr A dependent pcasantry has, therefore street
v speaking, never been known ~ this country.
The farmers and planters being generally owners
of the soil, their character has been marked by
Jealous watchfulness Of their nights, and by
more steady spirit Of resistance against every en-
croachment, than car be found among any Other
people lcss fayorably situated.
Tie Colonsts, from Their first settlement, con
sdered themselves entitled to the rights of Eng
lishmen, as secured by Magna Chortd and con
frrned by the Bill Of Rights. The most import
ant of these rights were those of Representation
and Tdration To have a share i'll making the
laws by which they were 10 &c governed as well
as in the imposition of taxes they were TO pay,
they always claimed as their brth-rght.
Under the Charter and Proprietary Govern
mcn,s the Colonists were secured IN the right OF
representation by compacls with the Crown; but
IN the ROYAL Provinces this right was not con-
cedcd, but depended, as claimed by the Crown
on Royal Authority alone Struggles took place
on tins subject III some OF the provincia! assem-
bics and declarations of rights werctherc drawn
up, and rejected by the Crown as an invasion Of
its prcrogatiyc (PHk'n)
In all the colonies, however, local Legislatures
were established, as we have stated and for all
the purposes of domestic and internal regulation,
they deemed themselves possessed Of entire and
exclusive authority. Each OF the colonies settled
a model of government for themselves IN which
the people had voice and representation III franz
ing the laws The righ, of appeal 10 the Crown
from the colonial courts was secured by express
reservation ia most of the colonial charters. II
was treated by the Crown as an inherent night OF
the subject, independent OF any such reservation.
Some OF the colonies resisted this appellate urls
d!ction, but in a practical sense II was exercised
throughout the colonies al the commencement OF
the American revolution, anG was deemed rather
u protection than grievance.
Though the Colonists owed common allegi-
nnce as British subjects, they had no direct polltl-
cal conncxon with each other. Each OF the
thirteen Colonies independent of all the others
each, in limited sense, was sovereign within It's
own territory As Colonies The - also e4.
cluded from all connections with foreign Stgtss,
They were known only as dependencies, and they
followed the fate of the parent country both IN
peace and war. And though their mutual wants