The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-12


q sufficient on the principles universally acknow
: edged throughout Chrstendom as the law of ma.
tons upon this subject, to authorize any wise and
proper measure on part that may be necessary
assert our right. We proceed TO state, as briefly as
possbe, the that lead US TO entertain this
opinion.
| The SPANISH TITLE.
Before we state the direct evidence 10 support OF
this title, we will advert for moment to the cele-
brated papal bulls, which have figured somewhat
largely in the discussion, but of which the true char
acter and import do seem to have been very cor
recty understood. They represented by Messrs.
Gaatin and Riyes as the principal source Of usth-
cation of the claims made by Spain to exclusive
soveregnty over her possessions in the New World.
1.-THE claim Of SPAIN" says Mr.. Galstin, Twas do
rived from the bull of Pope Alexander w. which
the Spanish monarchs obtained in the year 1893,
Immediately after the discovery of America by Co.
lumbus." "The original source of the Spanish IL
tie, says Mr.. Riyes, "was the bull Of Pope Alex
ander vi. This was, doubtless, the real founda-
ZION Of all the absurd and ridiculous pretensions of
Spain in the New World"
| These assertions involve double error. In the
FIRST place, Spain relied upon the papal bulls
for any other purpose, excepting that Of defining
the boundary between her possessions and those Of
Portugal Secondly the bulls, considered as appli.
cable TO this purpose-ths only one for which they
were intended, or have been used-far from be-
| ing so "absurd, ridiculous" and even "sacrile.
glous," as they represented by Mr.. Rives, are
parts Of "fair business Transaction" wearing, it
is true, very strongly in its external form the i'm
press of the age in which it occurred but amount
ing, in substance, to nothing more than an amcabe
arrangement under the sanction of the Pope, acting
arbiter Of the conflicting pretensIons of Spain and
Portugal, to the regions then recently discovered in
Africa, Asia, and America. Spain and Portugal were
at that time the principal maritime powers Of Chris
tendon, and the only ones that were actively en-
gagged in the work Of discovery and colonization.
Perceiying the danger Of collision, they commenced
negotiations on the subject, which were ultimately
conducted at Rome, under the mediation Of the
Pope. The result was the publication Of three sep
arate bulls one granting to Portugal authority to
bring under her dominion, and that Of the Christ
tan religion, any countries that she might dis
cover between Cape Bojador, in Africa, and the
East Indies; another, issued on the ID Of MAY
l493-the year following the discovery Of America
by Columbus-grantng to Spain a similar privilege
in the discoveries which she might make, or might
have made, by sailing to the Indies on westerly
course; and third, published on the following day
May 3, 1893, separating the fields for discovery,
colonization, and conversion to Christianity respec-
lively allotted to the powers by line of demarca-
ton drawn from the north TO the south pole, hun
dred leau,, nT ii A.ox l.. 4
Islands
Both parties, no doubt attached a good deal Of
importance to the sanction given to their maritime
enterprises by the Pope, then universally acknowl-
edged throughout Christendom as the common
spiritual father, and invested with a consideration,
Of which, in the present divided state of opinion,
we can form very little idea; nor, considering the
question one Of abstract justice and morality is
it easy to why the Pope had not as good right
to authorize Christians to occupy the newly discov
cred regions, for the purpose Of converting the ma
tves to Christianity, the temporal sovereigns had
to grant whole continents to their subjects, for the
purpose of founding colonies and making money.
One pretenson is more absurd, ridiculous, or
sacrlegious than the other. But, however this may
be, is apparent from the whole history of the tran
sacton that its real object to settle the con-
ficting prctensons of Spain and Portugal. This
| remark lift were otherwise doubtful, is rendered
certain by the fact that the treaty concluded at Fon-
tanbleau the following year, June I, 1494,) as it
seems, without the mediation of the Pope removed
the boundary line to the distance Of $40 leagues
| west Of the islands. Thus the famous bull of de-
narration assumed within very few years after its
publication, form corresponding with its original
object, out of treaty of limits between Spain
and Portugal. In this shape it has been faithfully
observed by both PARTIES and Spain, from an hon
orabe adherence to the letter of the document per-
mitted Portugal to occupy Brazil, though the in
ention of the treaty probably was that Spain should
possess the whole of America 1t has always been
regarded by both nations as the highest authority
for the settlement Of the controversy between them;
but it never has been, and, in the form which il
received within five years after its publication, Of
course, never could be, considered by either az
founding claim Of any kind upon any third
party.
The claim Of Spain TO her territories on the
North American continent, as against all other
Christian nations, excepting Portugal, rested on the
same grounds, which have been recognised valid
by the European powers IN all other similar cases.
These are, discovery, conquest occupation, or settle
nsnt, and contiguity; convenient term, which has
recently been employed on both sides Of the discus
sion, and by which is intended the right sccruing
to nation which has made settlements upon pre-
vousy unoccupied territory, to claim, an appen-
dage to these settlements, jurisdiction the ada
cent and still unoccuped regions to greater or less
extent, in proportion to the extent and importance
of the settlements actually made. All these differ
ent elements are combined in the original Spanish
title, and render it complete and unexceptionable
as any one that has ever been advanced by a Eu.
ropean nation 10 a transatlantic colony.
l. Discovery The Spanish navigators discover
ed and explored the coast Of North America, on
the cas-, side, at least high as Texas, where the
French made the first discovery, and the west from
tho iathnnua of Derien In the latitude If $40