terest and justice has been often tedious and often fierce, but perhaps it never happened before, that justice found much opposition with interest on her side.
For the satisfaction of this inquiry, it is necessary to consider how a Colony is constituted; what are the terms of migration as dictated by nature or settled by compact; and what social or political rights the man loses or acquires that leaves his country to establish himself in a distant Plantation.
Of two modes of migration the history of mankind in forms us, and so far as I can yet discover, of two only:
In countries where life was yet unadjusted, and policy unformed, it sometimes happened that by the dissensions of heads of families; by the ambition of daring adventurers; by some accidental pressure of distress; or by the mere discontent of idleness, one part of the community broke off from the rest, and numbers, greater or smaller, forsook their habitations; put themselves under the command of some favourite of fortune, and with or without the consent of their countrymen or governours, went out to see what better regions they could occupy, and in what place, by conquest or by treaty, they could gain a habitation.
Sons of enterprise like these, who committed to their own swords their hopes and their lives, when they left their country, became another Nation, with designs, and prospects, and interests of their own. They looked back no more to their former home they expected no help from those whom they had left behind; if they conquered, they conquered for themselves; if they were destroyed, they were not by any other power either lamented or revenged.
Of this kind seem to have been all the migrations of the Old World, whether historical or fabulous, and of this kind were the eruptions of those Nations which, from the North, invaded the Roman Empire, and filled Europe with new Sovereignties.
But when, by the gradual admission of wiser laws and gentler manners, society became more compacted and better regulated, it was found that the power of every people consisted in union, produced by one common interest, and operating in joint efforts and consistent councils.
From this time independence perceptibly wasted away. No part of the Nation was permitted to act for itself. All now had the same enemies and the same friends; the Government protected individuals, and individuals were required to refer their designs to the prosperity of the Government.
By this principle it is that states are formed and consolidated. Every man is taught to consider his own happiness as combined with the publick prosperity, and to think himself great and powerful in proportion to the great ness and power of his Governours.
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 Pacific 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 a 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 traveling 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 had found at last reception and employment.
In the same year, in a year hitherto disastrous to man kind, 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 expectation, and the discoverers, pursuing their enterprise, made con quests in both hemispheres of wide extent. But the adventurers 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 Governour was appointed by that Power which had given the commission to the conqueror; nor have I met with any European but Stukelcy, 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 through which 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 Government 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 control; 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 control 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 been forgotten whence that authority was originally derived.
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