appropriated, so any nation that discovers an uninhabited country, and takes possession thereof, is considered as enjoying full property, and absolute, unquestionable empire therein.

This proposition being admitted, it follows clearly, that the Europeans who first visited America were the real discoverers of the same; nothing being necessary to the establishment of this fact, but simply to prove that it was totally uninhabited by man. This would at first appear to be a point of some difficulty: for it is well known, that this quarter of the world abounded with certain animals, that walked erect on two feet, had something of the human countenance, uttered certain unintelligible sounds, very much like language; in short, had a marvellous resemblance to human beings.

But the zealous and enlightened fathers, who accompanied the discoverers, for the purpose of promoting the kingdom of heaven by establishing fat monasteries and bishoprics on earth, soon cleared up this point, greatly to the satisfaction of his holiness the pope, and of all Christian voyagers and discoverers.

They plainly proved, and as there were no Indian writers to take the other side, the fact was considered as fully admitted and established, that the two legged race of animals before mentioned, were mere cannibals, detestable monsters, and many of them giants-which last description of vagrants have, since the time of Gog, Magog and Goliath, been considered as outlaws, and have received no quarter in either history, chivalry or song. Indeed, even the philosophic Bacon declared the Americans to be people proscribed by the laws of nature, inasmuch as they had a barbarous custom of sacrificing men, and feeding upon man's flesh. But the benevolent fathers, who had undertaken to turn these unhappy savages into dumb beasts, by dint of argument, advanced still stronger proofs; for, as certain divines of the sixteenth century, and among the rest Lullus, affirm, the Americans go naked, and have no beards! They have nothing,' says Lullus, "of the reasonable animal, except the mask."-And even that mask was allowed to avail them but little for it was soon found that they were of a hideous copper complexion, it was all the same as if they were negroes-and negroes are

black; and black," said the pious fathers, devoutly cross ing themselves, "is the colour of the devil!" Therefore, so far from being able to own property, they had no right even to personal freedom-for liberty is too radiant a deity to inhabit such gloomy temples. All which circumstances

plainly convinced the righteous followers of Cortes and Pizarro, that these miscreants had no title to the soil that they infested that they were a perverse, illiterate, dumb, beardless, black seed-mere wild beasts of the forest, and like them should either be subdued or exterminated.

IRVING.

136.-RIGHT OF CULTIVATION.

THE right of discovery being fully established, we now come to the next, which is the right acquired by cultivation. "The cultivation of the soil," we are told, “is an obligation imposed by nature on mankind. The whole world is appointed for the nourishment of its inhabitants : but it would be incapable of doing it, was it uncultivated. Every nation is then obliged, by the law of nature, to cultivate the ground that has fallen to its share. Those people, like the ancient Germans and modern Tartars, who, having fertile countries, disdain to cultivate the earth, and choose to live by rapine, are wanting to themselves, and deserve to be exterminated, as savages and pernicious beasts.

Now it is notorious, that the savages knew nothing of agriculture when first discovered by the Europeans, but lived a most vagabond, disorderly, unrighteous life,rambling from place to place, and prodigally rioting upon the spontaneous luxuries of nature, without tasking her generosity to yield them any thing more; whereas it has been most unquestionably shown, that Heaven intended the earth should be ploughed, and sown, and manured, and laid out into cities, and towns, and farms, and country seats, and pleasure grounds, and public gardens, all which the Indians knew nothing about,-therefore, they did not improve the talents Providence had bestowed on them,therefore, they were careless stewards, therefore, they bad no right to the soil,-therefore, they deserved to be exterminated.

It is true, the savages might plead that they drew all the benefits from the land which their simple wants required— they found plenty of game to hunt, which, together with the roots and uncultivated fruits of the earth, furnished a sufficient variety for their frugal repasts;—and that as Heaven merely designed the earth to form the abode and satisfy the wants of man, so long as those purposes were answered, the will of Heaven was accomplished. But this only proved how undeserving they were of the blessings around them-they were so much the more savages, for not having more wants; for knowledge is in some degree an increase of desires, and it is this superiority both in the number and magnitude of his desires, that distinguishes the man from the beast. Therefore, the Indians, in not having more wants, were very unreasonable animals: and it was but just, that they should make way for the Europeans, who had a thousand wants to their one; and, therefore, would turn the earth to more account, and by cultivating it, more truly fulfil the will of Heaven.

Besides-Grotius, and Lauterbach, and Puffendorff, and Titus, and many wise men beside, who have considered the matter properly, have determined, that the property of a country cannot be acquired by hunting, cutting wood or drawing water in it.-Nothing but precise demarkation of limits, and the intention of cultivation, can establish the possession Now, as the savages (probably from never having read the authors above quoted) had never complied with any of these necessary forms, it plainly followed that they had no right to the soil, but that it was completely at the disposal of the first comers, who had more knowledge, more wants, and more elegant, that is to say, artificial desires than themselves.

In entering upon a newly discovered, uncultivated country, therefore, the new comers were but taking possession of what, according to the aforesaid doctrine, was their own property, therefore, in opposing them, the savages were invading their just rights, infringing the immutable laws of nature, and counteracting the will of Heaven,-therefore, they were guilty of impiety burglary, and trespass on the case, therefore, they were hardened offenders against God and man,-therefore, they ought to be exterminated.

IRVING.

137.-MR. CLAY S SPEECH ON OCCASION OF INTRODUCING HIS PUBLIC LANDS BILL.

MR. PRESIDENT,-Although I find myself borne down by the severest affliction with which Providence has ever been pleased to visit me, I have thought that my private griefs ought not longer to prevent me from attempting, ill as I feel qualified, to discharge my public duties. And I now rise, in pursuance of the notice which has been given, to ask leave to introduce a bill to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting land to certain states.

I feel it incumbent on me to make a brief explanation of the highly important measure which I have now the honour to propose. The bill which I desire to introduce, provides for the distribution of the proceeds of the public lands in the years 1833, 1834, 1835, 1836 and 1837, among the twenty-four states of the union, and conforms substantially to that which passed in 1833. It is therefore of a temporary character; but if it shall be found to have salutary operation, it will be in the power of a future congress to give it an indefinite continuance; and, if otherwise, it will expire by its own terms. In the event of war unfortunately breaking out with any foreign power, the bill is to cease, and the fund which it distributes is to be applied to the prosecution of the war. The bill directs that ten per cent. of the net proceeds of the public lands sold within the limits of the seven new states, shall be first set apart for them, in addition to the five per cent. reserved by their several compacts with the United States; and that the residue of the proceeds, whether from sales made in the states or territories, shall be divided among the twentyfour states in proportion to their respective federal population. In this respect the bill conforms to that which was introduced in 1832. For one, I should have been willing to have allowed the new states twelve and a half instead of ten per cent.; but as that was objected to by the president, in his veto message, and has been opposed in other quar ters, I thought it best to restrict the allowance to the more moderate sum. The bill also contains large and liberal grants of land to several of the new states, to place them

upon an equality with others to which the bounty of con gress has been heretofore extended, and provides that, when other new states shall be admitted into the union, they shall receive their share of the common fund.

Mr. President, I have ever regarded, with feelings of the profoundest regret, the decision which the president of the United States felt himself induced to make on the bill of 1833. If the bill had passed, about twenty millions of dollars would have been, during the last three years, in the hands of the several states, applicable by them to the beneficent purposes of internal improvement, education or colonization. What immense benefits might not have been diffused throughout the land by the active employment of that large sum? What new channels of commerce and communication might not have been opened? What industry stimulated, what labour rewarded? How many youthful minds might have received the blessings of edu cation and knowledge, and been rescued from ignorance, vice, and ruin? How many descendants of Africa might have been transported from a country where they never can enjoy political or social equality, to the native land of their fathers, where no impediment exists to their attainment of the highest degree of elevation, intellectual, social and political! where they might have been successful instruments, in the hands of God, to spread the religion of his Son, and to lay the foundation of civil liberty.

But, although we have lost three precious years, the secretary of the treasury tells us that the principal of this vast sum is yet safe; and much good may still be achieved with it. The spirit of improvement pervades the land in every variety of form, active, vigorous and enterprising. wanting pecuniary aid as well as intelligent direction. The states are strengthening the union by various lines of communication thrown across and through the mountains New York has completed one great chain. Pennsylvania another, bolder in conception and more arduous in the execution. Virginia has a similar work in progress, worthy of all her enterprise and energy. A fourth, further south where the parts of the union are too loosely connected, has been projected, and it can certainly be executed with the supplies which this bill affords, and perhaps not without

them.