ful, in proportion to the greatness and power of

his governors.

Had the Western continent been discovered between the fourth and tenth century, when all the northern world was in motion; and had navigation been at that time sufficiently advanced to make so long a passage easily practicable, there is little reason for doubting but the intumescence of nations would have found its vent, like all other expansive violence, where there was least resistance; and that Huns and Vandals, instead of fighting their way to the south of Europe, would have gone by thousands and by myriads under their several chiefs to take possession of regions smiling with pleasure and waving with fertility, from which the naked inhabitants were unable to repel them.

Every expedition would in those days of laxity have produced a distinct and independent state. The Scandinavian heroes might have divided the country among them, and have spread the feudal subdivision of regality from Hudson's Bay to the Pacifick Ocean.

But Columbus came five or six hundred years too late for the candidates of sovereignty. When he formed his project of discovery, the fluctuations of military turbulence had subsided, and Europe began to regain a settled form, by established government and regular subordination, No man could any longer erect himself into a chieftain, and lead out his fellow-subjects by his own authority to plunder or to war. He that committed any act of hostility by land or sea, without the commission of some acknowledged sovereign, was considered by all mankind as a robber or pirate, names

which were now of little credit, and of which therefore no man was ambitious.

Columbus in a remoter time would have found his way to some discontented Lord, or some younger brother of a petty sovereign, who would have taken fire at his proposal, and have quickly kindled with equal heat a troop of followers; they would have built ships, or have seized them, and have wandered with him at all adventures as far as they could keep hope in their company. But the age being now past of vagrant excursion and fortuitous hostility, he was under the necessity of travelling from court to court, scorned and repulsed as a wild projector, an idle promiser of kingdoms in the clouds: nor has any part of the world yet had reason to rejoice that he found at last reception and employment.

In the same year, in a year hitherto disastrous to mankind, by the Portuguese was discovered the passage of the Indies, and by the Spaniards the coast of America. The nations of Europe were fired with boundless expectations, and the discoverers pursuing their enterprise, made conquests in both hemispheres of wide extent. But the ad venturers were contented with plunder; though they took gold and silver to themselves, they seized islands and kingdoms in the name of their sovereigns. When a new region was gained, a gover nor was appointed by that power which had given the commission to the conqueror; nor have I met with any European but Stukeley of London, that formed a design of exalting himself in the newly found countries to independent dominion.

To secure a conquest, it was always necessary to plant a colony, and territories thus occupied and

settled were rightly considered as mere extensions or processes of empire; as ramifications which, by the circulation of one publick interest, communicated with the original source of dominion, and which were kept flourishing and spreading by the radical vigour of the Mother-country.

The Colonies of England differ no otherwise from those of other nations, than as the English constitution differs from theirs. All government is ultimately and essentially absolute, but subordinate societies may have more immunities, or individuals greater liberty, as the operations of govenment are differently conducted. An Englishman in the common course of life and action feels no restraint. An English Colony has very liberal powers of regulating its own manners and adjusting its own affairs. But an English individual may by the supreme authority be deprived of liberty, and a Colony divested of its powers, for reasons of which that authority is the only judge.

In sovereignty there are no gradations. There may be limited royalty, there may be limited consulship; but there can be no limited government. There must in every society be some power or other from which there is no appeal, which admits no restrictions, which pervades the whole mass of the community, regulates and adjusts all subordination, enacts laws or repeals them, erects or annuls judicatures, extends or contracts privileges, exempt itself from question or controul, and bounded only by physical necessity.

By this power, wherever it subsists, all legislation and jurisdiction is animated and maintained. From this all legal rights are emanations, which,

whether equitably or not, may be legally recalled. It is not infallible, for it may do wrong; but it is irresistible, for it can be resisted only by rebellion, by an act which makes it questionable what shall be thenceforward the supreme power.

An English Colony is a number of persons, to whom the King grants a charter, permitting them to settle in some distant country, and enabling them to constitute a corporation, enjoying such powers as the charter grants, to be administered in such forms as the charter prescribes. As a corporation they make laws for themselves, but as a corporation subsisting by a grant from higher authority, to the controul of that authority they continue subject.

As men are placed at a greater distance from the supreme council of the kingdom, they must be intrusted with ampler liberty of regulating their conduct by their own wisdom. As they are more secluded from easy recourse to national judicature, they must be more extensively commissioned to pass judgment on each other.

For this reason our more important and opulent Colonies see the appearance and feel the effect of a regular legislature, which in some places has acted so long with unquestioned authority, that it has forgotten whence that authority was originally derived.

To their charters the Colonies owe, like other corporations, their political existence. The solèmnities of legislation, the administration of justice, the security of property, are all bestowed upon them by the royal grant. Without their charter there would be no power among them, by

which any law could be made, or duties enjoined, any debt recovered, or criminal punished.

A charter is a grant of certain powers or privileges given to a part of the community for the advantage of the whole, and is therefore liable by its nature to change or to revocation. Every act of government aims at publick good. A charter which experience has shewn to be detrimental to the nation, is to be repealed; because general prosperity must always be preferred to particular interest. If a charter be used to evil purposes, it is forfeited, as the weapon is taken away which is injuriously employed.

The charter therefore by which provincial governments are constituted, may be always legally, and where it is either inconvenient in its nature, or misapplied in its use, may be equitably repealed; by such repeal the whole fabrick of subordination is immediately destroyed, and the consitution sunk at once into a chaos: the society is dissolved into a tumult of individuals, without authority to command, or obligation to obey; without any punishment of wrongs but by personal resentment, or any protection of right but by the hand of the posses

sor.

A Colony is to the Mother-country as a mem ber to the body, deriving its action and its strength from the general principle of vitality; receiving from the body, and communicating to it, all the benefits and evils of health and disease; liable in dangerous maladies to sharp applications, of which the body however must partake the pain; and exposed, if incurably tainted, to amputation, by which the body likewise will be mutilated.