The discovery of this continent, with its supposed marvelous wealth of
precious metals and commercial woods, gave fresh impetus to the ambition
and cupidity of European monarchs.

Spain, France, Holland, and England each sought to rival the other in
the magnitude and value of their discoveries. As the primary object of
each of these European potentates was the same, and it was likely to
lead to much conflict of jurisdiction, the necessity of some general
rule became apparent, whereby their respective claims might be
acknowledged and adjudicated without resort to the arbitrament of arms.
Out of this necessity grew the rule which became a part of the
recognized law of nations, and which gave the preference of title to the
monarch whose vessels should be the first to discover, rather than to
the one who should first enter upon the possession of new lands. The
exclusion under this rule of all other claimants gave to the discovering
nation the sole right of acquiring the soil from the natives and of
planting settlements thereon. This was a right asserted by all the
commercial nations of Europe, and fully recognized in their dealings
with each other; and the assertion, of such a right necessarily carried
with it a modified denial of the Indian title to the land discovered. It
recognized in them nothing but a possessory title, involving a right of
occupancy and enjoyment until such time as the European sovereign should
purchase it from them. The ultimate fee was held to reside in such
sovereign, whereby the natives were inhibited from alienating in any
manner their right of possession to any but that sovereign or his
subjects.

The recognition of these principles seems to have been complete, as is
evidenced by the history of America from its discovery to the present
day. France, England, Portugal, and Holland recognized them