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my observations to point. That which is needed to preserve our Colonies is a broad demarcation of their rights from ours, a clear exemption from all control in the matters which solely regard themselves, with a supervision only on the part of the empire in matters strictly of imperial concernment. Improper limitations of the local powers of a colony,' says Mr. Wakefield, if they were fixed by law so that every colonist should know exactly what they were, would be far preferable to the most proper limitations imposed from time to time arbitrarily, irregularly, and without warning.' It is possible to make proper, as well as fixed limitations, as the experience of the United States has proved in the admirable harmony hitherto maintained between its federal and provincial constitutions. Yet at this moment, Crown lawyers disclaim the known capacity of their American brethren, and abandon us to that irregular contest which, as Pownal foresaw, will ever be carried on until the distinction is finally taken.

It is thought, in this light, essential to maintain (and this is the blot which I desire to hit) in the Bill for the Better Government of the Australian Colonies, an arbitrary control over the Colonial legislatures, and the general Assembly which it is proposed to constitute, retaining for this purpose the power of the veto without qualification, in the English Privy Council. Restraints are therefore imposed for a case in which they may be of the slightest importance, over an indefinitely vast number of other cases in which they are absolutely indifferent to us. On the other hand, the Colonies are told at the same time that they must still remain in a state of dependence in all which exclusively concerns them. To their great disgust and

mortification and weariness, we insist upon occupying an entire province, in which we have not the slightest business, in which our presence occasions to them uncertainty, vexatious delay, and irritation, without the least compensating benefit to ourselves, because we are too lazy to make a distinction, or too blind to perceive its pressing necessity.

That for which the following Charters are useful, coupled, indeed, with their historic corollaries, is just to show us the working of this. There are two lessons capable of extraction from most of the memorable contests of time; and we may learn one of them with our consent, or one without it. We are just at present at that critical point, that we are still hesitating which to choose. A spirit has met us on the threshold of the future, and offers, like the Roman from the folds of his mantle, the old alternatives— Peace or War. We may either select betimes for ourselves, or leave the choice to others hereafter. Either we may maintain the imperial unity, by liberating the Colonies from our municipal control, or, in evil hour, we may leave them to infer that their only chance of municipal freedom is through the exercise of their imperial independence.

Inner Temple, Feb. 1850.

VIRGINIA CHARTERS.

N

THE first of these Charters was granted by James, in the year 1606. Elevth years before, in 1585, an attempt had been made by Sir Richard Grenville, under the auspices of Sir Walter Raleigh, to establish a colony at Roanoak. But this and the attempts to maintain it having failed, and the voyage of Gosnold in the last year of Elizabeth having brought good reports of another districtwhich reports were confirmed by subsequent navigators—an association was formed to found a settlement elsewhere. The attention of King James was so favourably directed to the advantages attending the plantation of colonies, in consequence of certain experiments of his own in the Highlands (see Robertson's Hist. of Scotland), that he readily hearkened to the applications which were made to him, and accordingly issued his letters patent to Sir Thomas Gates, Sir George Somers, and their associates, for two several colonies and plantations to be made in Virginia (which at that time had a wider signification than at present) and other parts and territories in America. These letters patent, dated April 10, 1606, and usually denominated the First Virginia Charter, are now given as follows, in extenso :—

CHARTER No. I.

I. JAMES, by the grace of God, King of England, Scotland, p

France, and Ireland, Defender of the Faith, &c. Whereas our loving and well disposed subjects, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs., William Parker, and George Popham, Gentlemen, and divers others of our loving subjects, have been humble suitors unto us, that we would vouchsafe unto them our licence, to make habitation, plantation, and to deduce a colony of sundry of our people into that part of America, commonly called Virginia, and other parts and territories in America, either appertaining unto us, or which are not now actually possessed by any Christian prince or people, situate, lying, and being all along the sea coasts, between four-and-thirty degrees of northerly latitude from the equinoctial line, and five-and-forty degrees of the same latitude, and in the main land between the same four-and-thirty and five-and-forty degrees, and the islands thereunto adjacent, or within one hundred miles of the coast thereof.

II. And to that end, and for the more speedy accomplishment of their said intended plantation and habitation there, are desirous

B

Grant to

company of liberty to settle any where on

North America, between lat.

34° and lat.

41°;

and of the

to divide themselves into two several colonies and companies: the one consisting of certain knights, gentlemen, merchants, and other adventurers, of our city of London and elsewhere, which are, and from time to time shall be, joined unto them, which do desire to begin their plantation and habitation in some fit and convenient place, between four-and-thirty and one-and-forty degrees of the said latitude, along the coasts of Virginia and coasts of America aforesaid; and the other consisting of sundry knights, gentlemen, merchants, and other adventurers, of our cities of Bristol and Exeter, and of our town of Plymouth, and of other places, which do join themselves unto that colony, which do desire to begin their plantation and habitation in some fit and convenient place, between eight-and-thirty degrees and fiveand-forty degrees of the said latitude, all along the said coast of Virginia and America, as that coast lieth.

III. We, greatly commending, and graciously accepting of, their desires for the furtherance of so noble a work, which may, by the providence of Almighty God, hereafter tend to the glory of his divine Majesty, in propagating of christian religion to such people, as yet live in darkness and miserable ignorance of the true knowledge and worship of God, and may in time bring the infidels and savages, living in those parts, to human civility, and to a settled and quiet government: Do, by these our letters patents, graciously accept of, and agree to, their humble and well intended desires.

IV. And do therefore, for us, our heirs and successors, grant the London and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, adventurers of and for our city of London, and all such others, as are, or shall the coast of be, joined unto them of that colony, shall be called the first colony; and they shall and may begin their said first plantation and habitation, at any place upon the said coast of Virginia or America, where they shall think fit and convenient, between the said four-and-thirty and one-and-forty degrees of the said latitude; and that they shall have all the lands, woods, soil, grounds, havens, ports, rivers, mines, minerals, marshes, waters, fishings, commoplace of set- dities, and hereditaments, whatsoever, from the said first seat tlement to of their plantation and habitation by the space of fifty miles the distance of English statute measure, all along the said coast of Virginia from it each and America, towards the west and south-west, as the coast lieth, way, and to with all the islands within one hundred miles directly over against the depth of the same sea coast; and also all the lands, soil, grounds, havens, ports, rivers, mines, minerals, woods, waters, marshes, fishings, main land. commodities, and hereditaments, whatsoever, from the said place

sea coast

near their

of 50 miles

100 miles

into the

of their first plantation and habitation for the space of fifty like English miles, all along the said coasts of Virginia and America, towards the east and north-east, or towards the north, as the coast lieth, together with all the islands within one hundred miles, directly over against the said sea coast; and also all the lands, woods, soil, grounds, havens, ports, rivers, mines, minerals, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the same fifty miles every way on the sea coast,

directly into the main land by the space of one hundred like English miles; and shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better safeguard and defence, according to their best discretion, and the discretion of the Council of that colony; and that no other of our subjects shall be permitted, or suffered, to plant or inhabit behind, or on the backside of them, towards the main land, without the express licence or consent of the Council of that colony, thereunto in writing first had and obtained.

Grant to the Plymouth company of liberty to

settle any where on the

America,

near their

place of

tance of 50

depth of

V. And we do likewise, for us, our heirs, and successors, by these presents, grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the town Plymouth in the county of Devon, or elsewhere, which are, or shall be, joined unto them of that colony, shall be coast of called the second colony; and that they shall and may begin their North said plantation and seat of their first abode and habitation, at any between lat. place upon the said coast of Virginia and America, where they 380 and lat. shall think fit and convenient, between eight-and-thirty degrees 45°; of the said latitude, and five-and-forty degrees of the same latitude; and that they shall have all the lands, soils, grounds, and of the havens, ports, rivers, mines, minerals, woods, marshes, waters, sea coast fishings, commodities, and hereditaments, whatsoever, from the first seat of their plantation and habitation by the space of fifty settlement like English miles, as is aforesaid, all along the said coasts of to the disVirginia and America, towards the west and south-west, or miles from it towards the south, as the coast lieth, and all the islands within each way, one hundred miles, directly over against the said sea coast; and and to the also all the lands, soils, grounds, havens, ports, rivers, mines, 100 miles minerals, woods, marshes, waters, fishings, commodities, and into the hereditaments, whatsoever, from the said place of their first plantation and habitation for the space of fifty like English miles, all along the said coast of Virginia and America, towards the east and north-east, or towards the north, as the coast lieth, and all the islands also within one hundred miles directly over against the same sea coast; and also all the lands, soils, grounds, havens, ports, rivers, woods, mines, minerals, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the same fifty miles every way on the sea coast, directly into the main land, by the space of one hundred like English miles; and shall and may inhabit and remain there and shall and may also build and fortify within any the same for their better safeguard, according to their best discretion, and the discretion of the Council of that colony; and that none of our subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main land, without the express licence of the Council of that colony, in writing thereunto first had and obtained.

main land.

Provided

that the

settlements

last made

VI. Provided always, and our will and pleasure herein is, that that shall be the plantation and habitation of such of the said colonies, as shall shall be last plant themselves, as aforesaid, shall not be made within one more than hundred like English miles of the other of them, that first began to make their plantation, as aforesaid.

100 miles distant from the first.