" First, that discovery gave title to the government, by whose subjects, or under whose authority it was made, against all other European governments, which title might be consummated by possession. Hence if the country be discovered and possessed by emigrants of an existing acknowledged government, the possession is deemed taken for the Nation, and title must be derived from the sovereign in whom the power to dispose of vacant territories is vested by law.

'^Secondly, Eesulting from this principle was that of the sole right of the discoverer to acquire the soil from the Natives, and establish settlements, either by purchase or by conquest. Hence also the exclusive right cannot exist in government and at the same time in private individuals ; and hence also, --

"Thirdly, The Natives were recognized as rightful occupants, but their power to dispose of the soil at their own will to whomsoever they pleased, was

2In Goodell v. Jackson, 20 Johnson, G93, and JoIidsod i: Graham's Lessee v. Mcintosh, 8th Wheaton, 543. 'P. 301, Ac.

HISTORY OF WESTCHESTER COUNTY.

denied by the original fundamental principle, that discovery gave exclusive title to those who made it.

" Fourthly, The ultimate dominion was asserted, and, as a consequence, a power to grant the soil while yet in the possession of the Natives. Hence, such dominion was incompatible with an absolute and complete title in the Indians. Consequently thej' had no right to sell to any other than the government of the first discoverer, nor to private citizens without the sanction of that government. Hence the Indians were to be considered mere occupants, to be protected indeed while in peace in the possession of their lands, but with an incapacitj' of transferring the absolute title to others.