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might meet the minds of those, who cannot be presumed to possess much, if any, political knowledge. Indeed, except the concluding chapter, the whole has been printed from an original manuscript. The work properly forms a sequel to Mr. Sullivan's Political Class Book; but it is, at the same time, altogether independent of it in its structure and design.

I leave the work, such as it is, to the indulgent consideration of the public, trusting to their candor, and grateful for their past kindness

'Content, if hence th' unlearn'd their wants may view,
The learn'd reflect on what before they knew.'

Cambridge, Jan. 1, 1834.

JOSEPH STORY.

ERRATA.

read

Page 16, line 4 from the bottom, for sparce, read sparse; p. 19, line 1, for were, ras;- p. 32, line 12, for self-bearings, read sufferings; line 12, strike out of; p. 61, line 23, for becomes, read become ;- p. 66, line 4, for times, read time; -p. 78, line 22, for one, read power; — p. 80, line 12, for it, read them; line 18, for naebled, read enabled; p. 82, line 7, for an dequal, read and equal; line 14, for his, read the; line 15, for indegeasible, read indefensible;-p. 85, line 14, for establish, read establishes ; — p. 95, line 14, for is, read are; line 15, for has, read have ;-p. 99, line 1, for the latter is, read the two latter are ; — p. 136, line 1, for it, read they; p. 138, line 25, for to torture, read tortured.

THE

CONSTITUTIONAL

CLASS BOOK.

CHAPTER I.

History of the Colonies.

1. THE Thirteen American Colonies which, on the fourth day of July, 1776, declared themselves free and independent States, were New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. All these colonies were originally settled by British subjects, and under the authority of the Government of Great Britain, except New-York, which was originally settled by emigrants from Holland; and Delaware, which, though an appendage to the Government of New-York, was at first principally inhabited by the Dutch and Swedes. The British Government, however, claimed the territory of all these colonies, and at all times resisted the claim of the Dutch to make any settlement in America; and the colony of New-York became at an early period subject to British authority by conquest from the Dutch. The other eleven States, now belonging to the Union, had no existence at the time of the declaration of Independence; but have since been established within the territory, which was ceded to the United States by the Treaty of Peace with Great Britain in 1783, or within the territory which has been since acquired by the United States by purchase from other nations.

§ 2. There is no doubt, that the Indian Tribes, which in

habited America at the time of its discovery, towards the close of the fifteenth century, (1492) maintained a claim to the exclusive possession and occupancy of the territory within their respective limits, as sovereign proprietors of the soil. They acknowledged no obedience, or allegiance, or subordination to any foreign nation whatsoever; and, as far as they have possessed the means, they have ever since constantly asserted this full right of dominion, and have yielded it up only when it has been purchased from them, or obtained by force of arms. In short, like all the civilized nations of the earth, the Indian Tribes deemed themselves rightfully possessed, as sovereigns, of all the territories, within which they were accustomed to hunt, or exercise other acts of ownership, upon the common principle, that exclusive use gave them an exclusive right to the soil, whether cultivated or not.

3. It is difficult to perceive, why their title was not, in this respect, as well founded as the title of any other nation, to the soil within its boundaries. How, then, it may be asked, did the European nations acquire the general title, which they have always asserted to the whole soil of America, even to that in the occupancy of the Indians? The only answer which can be given, is, that it belonged to them, by what they asserted (whether satisfactorily or not, is quite a different question) to be the right of discovery. They established the doctrine, that discovery is a sufficient foundation for the right to territory. Between themselves, with a view to prevent contests, where the same land had been visited by different nations, each of which might claim it as its own, there was no inconvenience in allowing the first discoverer to have the priority of right, where the territory was at the time desert, and uninhabited. But as to nations, who had not acceded to the doctrine, and especially as to countries inhabited at the time of the discovery, it seems difficult to perceive, what ground of right any discovery could confer. It would seem strange to us, if in the present times the natives of the South Sea Isl

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