64 TRANSACTIONS OF THE 



TWENTY-FIRST REGULAR MEETING. 



April 6, 1880. 



The Indian Title- — The Method and Chronology of its 

 Extinguishment by the United States. 



By C. C. ROTCE. 



The discovery of the American Continent with its supposed 

 marvelous wealth of precious metals and commercial woods, 

 gave fresh impetus to the ambition and cupidity of European 

 monarchs. 



Spain, France, Holland, and England, each sought to rival 

 and out do the other in the magnitude and value of her 

 discoveries. 



As the primary object of each of these European poten- 

 tates was the same, and as it was likely to lead to much con- 

 flict of jurisdiction, the necessity of some general rule be- 

 came apparent, whereby their respective claims might be 

 acknowledged and adjudicated without resort to the arbi- 

 trament of arms. Out of this necessity grew the rule, 

 which became a part of the recognized law of Nations, and 

 which gave the preference of title to the monarch whose 

 vessels should be the first to discover, rather than to the one 

 who should first enter upon the possession of new lands. 



The result of this rule was to give the monarch of the dis- 

 covering nation the sole right of acquiring the soil from the 

 natives. This right was asserted and fully recognized by 

 all the commercial nations of Europe in their dealings with 

 each other. It carried with it a modification of the Indian 

 title to a simple right of possession, with the ultimate fee 

 resting in the discovering sovereign. 



No one of these nations was more zealous in her mainte- 

 nance of these doctrines than England. Her claims to this 

 continent were based upon the discoveries of Cabot; those 

 of France from Verrazani, and Spain pleaded the discoveries 

 of Ponce de Leon as her title-deed. 



