sank deep in the writer's heart, and often rose again when he studied the history of our cruel race.

The history and legislation of slavery, one of the most instructive subjects, has its entire literature full of teaching by warning as well as by noble example. Here the student can only be directed to it, but this is the more important because the subject has lost its immediate keenness of interest for an American by the abolition of slavery. It will forever remain a prominent subject in historical psychology.

Concerning the slave-trade and its abolition, the student is directed to Sir Thomas Fowell Buxton's African Slave-Trade and its Remedy, London, 1839, Abridgment, 1840. Also, Complete Historico-Philosophical Representation of all the Changes in the Negro Trade from its Beginning to its Abolition, 2 vols., by Albert Hüne, Göttingen, 1820 (in German).

The Icelanders and other Norwegians visited North America about 1000 after Christ, and probably the ancients had some knowledge or a dim tradition of a western continent or vast island, their Atlantis; but what might be called the firm discovery of America, the conscious discovery retaining a hold on the discovered land, belongs to the western and southern people of Europe, misnamed the Latin races. The Spaniards and Portuguese were the chief discoverers, often led by Italian genius, as was also the case in the Spanish armies of Charles V., and especially of Philip the Second. This was signally the case in the chief discoverer, Christopher Columbus, a Genoese, who discovered, in the service of Ferdinand and Isabella, for the glory, and possibly for the ultimate ruin, of Spain.

The Portuguese settlements and colonies in the western portion of South America, having developed themselves within the last century into the empire of Brazil, have not influenced by any characteristic element the growth or decline of America, as belonging to the history of our race. A similar remark may be made concerning the French. They discovered, they settled, they actually enclosed the English colonies, at one time by a semicircle, from the mouth of the Mississippi to Canada; but the French element has no significance in America. The Quixotic attempt of establishing it,

avowedly in the interest of the so-called Latin race, over the whole of Mexico by a Bonaparte fighting for an improvised emperor of the Hapsburgs, was a signal and a tragic failure.

The English settled the eastern portion of North America at a much later period, but remained a living part and portion of it, and grew into the most efficient and ruling people of America.

In speaking, therefore, of the Cis-Caucasians, or European people who seized on 'America, we shall consider the Spanish and the English exclusively; and in nothing, it may be said at once, do these two nations, differing in almost every important point, distinguish themselves from one another more than by their systems or plans of colonization.

'They differed at the outset. All discoverers among western Europeans set out with the idea or pretence that they went for the honor of God, that is to say, for the extension of the Holy Roman Catholic church. The ambition of Columbus was supported by the religious fervor of the sincere Romanist. The idea that Christianity formed a part of humanity, and that paganism or the fact of not being baptized, already mentioned, established a non-jural state, or an existence sine juribus, led to the conception of the Right of Discovery, one of the most interesting subjects in the whole history of law. It did not mean what it means in our own days, namely, that the government of a man who discovers an unowned (or nearly unowned) land can fairly claim it as standing under its sovereignty, if it can and does establish its manifest protection and influence, and as far as it establishes this weight and influence. Mere verbal claim of thousands of miles on account of its material connection with the first port of landing, can no longer be admitted.

Discovery in what we will call here for brevity's sake the Spanish sense of the word, meant the first visit of a Catholic to an island or country not peopled at all or peopled by nonChristians, whom it was perfectly fair to conquer or subdue by any means, in which not even the lowest animal sympathy had play. Does this cruel ferocity distinguish the Spaniards

of those days? It does, in Spain as well as in the new world, but if it is necessary, in any sense whatever, that we know ourselves, it is well to remind the young, that our whole CisCaucasian race has distinguished itself so far by an incomparably higher intellectuality, an insatiable greed for gold, and keen cruelty in this pursuit as well as in political and religious hatred the latter probably on account of the first, or the more excitable cerebral system which the first presupposes. This is no ineradicable matter of material construction, and on every one belonging to our race rests the obligation of contributing to shape our future course differently.

The idea of Christian right over all the non-Christians, and the sovereignty over the whole earth claimed by the Pope, led Alexander VI., the evil-famed Borgia, to divide the globe by the famous line.

The English and Americans have not wholly discarded the idea that the white man, at least, if not the Christian, is entitled to this earth, if not cultivated by the occupier. So our Supreme Court decided by an opinion of the Chief Justice of the United States.

So soon as Columbus returned from America to Spain, Ferdinand and Isabella hastened to have the accomplished discovery, and all future acquisitions on the west by taking possession, confirmed by the Pope. Portugal, jealous of these new discoveries, was anxious to have all African discoveries and possessions exclusively secured to herself. They rested on earlier Papal bulls. In the year 1492, Alexander VI., of the Spanish family Borgia, was elected Pope, by no means to the delight of Ferdinand and Isabella. By the bull, dated May 13, 1493, the Pope gave to the Castilian crown the sovereignty over the islands and continent in the western portion of the ocean, provided this grant should not conflict with the rights previously acquired by a Christian prince. This was in favor of Portugal, and the following day, May 14, in order to avoid all difficulties, the Pope drew "a dividing line from the north pole to the south pole," and granted to the crown of Castile "all territories, islands, and continents westward of this meridian towards India or towards whatsoever country situated. This meridian was to be distant one hundred Spanish miles from any of the Azores or Capperdiac Isles" (Navarrete, ii., Nos. 17, 18). The Papal bull therefore divided the globe into two equal parts, between Spain and Portugal. At present, Peschel says, this division would be very clear; but it was far from

being so at that time, where methods and apparatus were wanting to determine meridian distances. History has divided, portioned, and dealt out very differently. It was common in the Middle Ages to call the Pope the earthly God, and never has this blasphemous expression apparently been more truly realized than when this crime-beclotted Pope cleft the globe, happily for mankind, on parchment alone.

Concerning the erroneous name Latin race, the student is directed to a paper originally written for the Revue de Droit International, published at Ghent, and translated and printed by a student of the Law School of Columbia College. Mr. Chevalier's book on the French expedition to Mexico, to reduce it to obedience to Maximilian, is mainly founded on the justification that the Latin race must needs acquire power or supremacy again, after having been elbowed out of power all over the globe, except in Europe, by the Germanic race, especially by the Anglo-Saxon branch. This book is small and little mentioned since the French expedition failed so signally. It is mentioned here for this very reason.

As to the change and progress of the right of discovery, reference is made to Henry Wheaton's History of the Progress of the Law of Nations, and to Hugo Grotius's The Rights of War and Peace. It is founded in the modern law of nations on no papal permission, but, first of all, on the principle that what belongs to no one may be appropriated by the finder. A number of limitations present themselves at once. See Lie-/ ber's Essays on Labor and Property.

The case decided by the Supreme Court of the United States in the preceding text is Johnson vs. McIntosh, 8 Wheaton, 543; see also, Fletcher vs. Peck, 6 Cranch, 142, 143. See also, Lecture II., vol. iii. of Kent's Commentaries.

Francis Parkman's works give information on the French in North America, and attention is directed to the Jesuits in North America in the Seventeenth Century; Discovery of the Great West; and the Pioneers of France in the New World.

When the men, significantly called in history conquistadores, left Spain to obtain possession of America, the Spaniards were in a remarkable period of their history, which has steadily gone downward ever since in all national affairs.

Whatever there may be in the reign of Ferdinand and Isabella to elicit the approval of succeeding ages, especially that their reign is the period of Spanish nationalization, Charles V., their dynastic successor, and his son, Philip II., strove to revive the Roman idea of a universal monarchy, and they came near realizing it, perhaps in the worst form, namely, a

universal monarchy founded upon the idea of an absolutely exclusive religion, the Roman Catholic church, itself an absolute and universal monarchy in matters of faith, both excluding freedom of thought or action. Freedom had loomed up, in feudal form indeed, in various portions of Spain, at a very early time. The Justitia (Chief Justice) of Aragon held an independent position, clad with a remarkable vetoing power over all laws passed by the estates; and the oath of fealty sworn by the nobles to the king of Aragon, which expressed that they would be faithful to him as long as he was faithful to the laws-this oath ended with the words y si no, no (and if not, not). Liberty, however, which resembles erratic bodies, luminous though they be, neither endures nor spreads its blessings. The principle, the very idea of self-government, may be considered as extinguished after the war with the communeros (the commons). In matters of religion the Inquisition was established, and managed with sinister imperiousness and cruelty-an institution which literally changed the whole character of the nation, and, similar to the French democrats in the first revolution, although in a different way, pursued with dark vindictiveness one who was suspected of a crime. No science, taking the word even in its medieval sense, flourished in Spain, and literature was neither flourishing nor in an ascending course. Education in its various branches had not flourished and never flourished in Spain. No comprehensive system of law, especially no common law guarding the rights and privileges of the individual, however uncouth in other respects, had developed itself. The law was not considered as an independent and substantive element of political society, and the lawyer, so Helps shows, was denounced, as a mischief-working vermin, in colonial papers of high origin.

The whole country was seized with a spirit that none but noblemen, priests, the men of arms, the advocates and government officers, were cavalieros, and every man strove to be a cavaliero or gentleman, as we should be obliged to translate the word in this case. Roscher, in his Colonies, Colonial Policy