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" XIV. Constitutional Ame
16 III. Judicial
IV. Term :
X. Presidents pro tempore
II. Supremacy of United
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ANALYSIS OF CIVIL GOVERNMENT
IN THE UNITED STATES.
EARLY SETTLEMENT OF AMERICA.
$1. THE NORTH-AMERICAN COLONIES, over which the British Government maintained supremacy for more than a hundred years, were known as New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Ever since the Declaration of Independence, they have been called States.
§ 2. They were settled chiefly by British subjects, except New York and Delaware ; the former by emigrants from Holland, and the latter from Holland and Switzerland.
$ 3. The British claim to jurisdiction over these Colonies was founded on what Christian nations recognized as the right of discovery. Great Britain denied from the beginning the right of the Dutch to make settlements in America. That denial was based on the fact that John Cabot and his son Sebastian, British subjects, under commission from Henry the Seventh, sailed along the eastern coast of North America in 1497. The Cabots, however, made no attempt at settlement or conquest.
$ 4. At the time of its settlement, Delaware was an appendage to the government of New York; but it was afterwards separated from that Colony, and came under the jurisdiction of Pennsylvania. New York was early wrested from the Dutch by conquest, and brought under British authority.
$ 5. The only title which the nations of Europe had to any part of the American continent was founded on what they called the right of discovery. It is difficult to comprehend the justice of this pretense, when it is known that the country was already occupied by a race of men who had been in undisputed possession for untold ages. As between themselves, it might not be unjust or improper that the European nations should make discovery the foundation of title ; but, as against the natives of the soil, discovery could not furnish the shadow of a claim.
$ 6. The right of discovery set up by the Europeans, substantially ignores the sacred rights of the original inhabitants of this country. Nativity must furnish a more valid title than discovery; and there is not a people on earth that would require any argument to convince them of this where their own rights were involved. Demonstrations of power are not always demonstrations of right.
$7. The Indians have always been treated as merely lawful occupants, having at most only a qualified right to the soil. The powerful nations of Europe, and our own government, have recognized them only as tenants-at-will, subject to removal at the pleasure of superior power.
$ 8. The learned Judge Story remarks in regard to the wrongs perpetrated on the red man, “ They have not been permitted, indeed, to alienate their possessory right to the soil, except to the nations to whom they were thus bound by a qualified dependence : but, in other respects, they have been left to the free exercise of internal sovereignty in regard to the members of their own tribe, and in regard to the intercourse with other tribes; and their title to the soil, by way of occupancy, has been generally respected, until it has been extinguished by purchase, or by conquest, under the authority of the nation upon which they were dependent.
$ 9. “A large portion of the territory in the United States to which the Indian title is now extinguished has been acquired by purchase; and a still larger portion by the irresistible power of arms, over a brave, hardy, but declining race, whose destiny seems to be to perish as fast as the white man advances upon his foot
CHAPTER II. ORIGIN OF LAND-TITLES IN THE UNITED STATES.
§ 1. When our fathers conquered their independence, the States, and, subsequently, the United States, succeeded to whatever title Great Britain previously had to the territory.
$ 2. The lapse of time, and general acquiescence, as well as the judicial and legislative authorities, have so established this source as the foundation of land-titles, that its validity can not now be successfully called in question. Whether just or unjust, it will probably remain for ever undisturbed.
$ 3. But these remarks are applicable to those lands only which were obtained through the revolutionary struggle with Great Britain, resulting in the achievement of our independence. Extensive additions have been made to the domain of this country by treaties with other powers; and, of course, the origin of lånd-titles is traceable within any such territory to the treaties through which the titles have been acquired. DATES OF THE SETTLEMENTS OF THE NORTH-AMERICAN COLONIES.
Virginia . . . . 1607 | North Carolina 1663 Massachusetts. - 16201 South Carolina 1670 New Hampshire . 1623 New Jersey .. 1620 Maryland . . . 1634 Pennsylvania . . 1643 Connecticut .. 1635 Delaware . . . 1638 Rhode Island . . 1636 Georgia . . . . 1733 New York . . . 1614 |
These dates refer only to permanent and independent settlements.
* Originally called the Colony of Plymouth ; but afterwards united with Massachusetts proper, which was settled in 1630.