Page:Oregon Historical Quarterly vol. 8.djvu/62

 54 DOCUMENTS. and 1584, the one to Sir Humphrey Gilbert, the other to Sir Walter Raleigh, which were limited to a certain number of leagues; but those issued in 1606, and 1608, and 1611, by James I in the charters for Virginia, were declared to embrace the whole extent of country from thirty-four to forty-five de- grees of north latitude, extending from sea to sea, always excepting the territories of any Christian Prince or people. It is believed, that when these charters were granted by the Monarchs of England, they were not well apprized of the ex- tent of country they were giving away, but from their reser- vations, in regard to the title of Christian Princes or people, they were apprized of the title of Spain upon the western ocean, though not informed of its extent ; as it is evident, from the words Christian and infidel often occurring, both in the charters of the Monarchs and the bulls of the Pope, the legiti- mate sovereigns, as well as people of this country in that day were considered as possessing no rights. With whatever care they avoided collisions with each other respecting territory, which might produce a war Avith a Power equally skilled in the military art with themselves, they were not scrupulous in dispossessing the natives of both Americas of their country, all of whom, as brave, as generous, and magnanimous as them- selves, and some of whom as far advanced in civilization and the arts of peace, though not professing to be Christians, or skilled in war. The opinion of Europe undergoing another change upon the subject of discoveries in unknown regions, they were now re- duced to more definite and reasonable extent, consequently in a few years, a third mode of obtaining territory came to be admitted by all as the basis on which they could safely rely for a just decision of their claims, should difficulties present them- selves; and one which, to a moderate extent, gave to all na- tions the benefits of their own labors. By this rule, too, all the territory thus acquired was vested in the State, rather than the Crown, which Spanish jurisprudence, under the authority of the Pope, seemed to consider. Hence, the Power which discovered a country was entitled