INDIAN TREATIES.

No one of the powers of Europe gave its full assent to this principlemore unequivocally than England . The documents upon this subject areample and complete. So early as the year 1496, her monarch granted acommission to the Cabots to discover countries then unknown to Christianpeople, and to take possession of them in the name of the king of Eng-land . Two years afterwards, Cabot proceeded on this voyage, and disco-vered the continent of North America , along which he sailed as far southas Virginia. To this discovery the English trace their title.

In this first effort made by the English government to acquire territoryon this continent, we perceive a complete recognition of the principlewhich has been mentioned. The rigid of discovery given by this com-mission is confined to countries “ then unknown to all Christian peopleand of those countries Cabot was empowered to take possession in thename of the king of England . Thus asserting a right to take possessionnotwithstanding the occupancy of the natives, who were heathens, and,at the same time, admitting the prior title of any Christian people whomay have made a previous discovery.

The same principle continued to be recognised. The charter grantedto Sir Humphrey Gilbert , in 1578, authorizes him to discover and takepossession of such remote, heathen, and barbarous lands as were notactually possessed by any Christian prince or people. This charter wasafterwards renewed to Sir Walter Raleigh , in nearly the same terms.

By the charter of 1606, under which the first permanent English settlement on this continent was made, James I. granted to sir ThomasGates and others, those territories in America lying on the sea-coast, be-tween the 34th and 45th degrees of north latitude, and which eitherbelonged to that monarch, or were not then possessed by any otherChristian prince or people. The grantees were divided into two compa-nies at their own request. The first, or southern colony, was directed tosettle between the 34th and 41st degrees of north latitude; and the second,or northern colony, between the 38th and 45th degrees.

In 1609, after some expensive and not very successful attempts at settle-ment had been made, a new and more enlarged charter was given by thecrown to the first colony, in which the king granted to the “ Treasurerand Company of Adventurers of the city of London for the first colony inVirginia, ” in absolute property, the lands extending along the sea-coastfour hundred miles, and into the land throughout from sea to sea. Thischarter, which is a part of the special verdict in this cause, was annulled,so far as respected the rights of the company, by the judgment of thecourt of king’s bench on a writ of quo warranto; but the whole effectallowed to this judgment was, to revest in the crown the powers ofgovernment, and the title to the lands within its limits.

At the solicitation of those who held under the grant to the second ornorthern colony, a new and more enlarged charter was granted to theduke of Lenox and others, in 1620, who were denominated the PlymouthCompany, conveying to them in absolute property all the lands betweenthe 40th and 48th degrees of north latitude.

Under this patent, New England has been in a great measure settled.The company conveyed to Henry Rosewell and others, in 1627, thatterritory which is now Massachusetts ; and in 1628, a charter of incor-poration, comprehending the powers of government, was granted to thepurchasers.

Great part of New England was granted by this company, which, atlength, divided their remaining lands among themselves; and, in 1635,surrendered their charter to the crown. A patent was granted to Gorges for Maine , which was allotted to him in the division of property.

All the grants made by the Plymouth Company, so far as we can learn,have been respected. In pursuance of the same principle, the king, in1684, granted to the duke of York the country of New England as far