tary of State sanctioning such orders of the Court of Assistants.

The proceeds of such sales, after the payment of the expenses, and the salaries of the governor, secretary, and judges, to be applied to the purposes of the settlement as the Court of Assistants shall think fit:-Such appropriation of the settlement funds being by act of the court, duly sanctioned by the governor on behalf of the crown. Acts of appropriation, like all other acts of the court, are to be subject to reservation, approbation, or refusal by the governor acting in the name of the Sovereign. Accounts of all lands sold, whether by order of the Secretary of State or by the agent of the colony, to be duly kept and regularly submitted to the Court of Assistants.

JUDICATURE. The judicature of the SETTLEMENT should be a regular system of courts.

1. There should be magistrates appointed by the governor, with the powers generally of justices of the peace.

2. Magistrates sitting in sessions every week in each township, with a summary jurisdiction over petty debts and cases of assault.

3. County courts of judicature. The court here should consist of the county magistrates with a chairman appointed by the governor, and the jurisdiction should be unlimited with respect to civil suits, and in criminal matters to extend to all cases except of capital crimes.

4. An appeal court to consist of one judge appointed by the Crown. This judge to try, also, all capital charges.

DIGRESSION CONCERNING LAND Fund.

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There has been a great deal said of late years concerning the application of the funds derived from the sale of wild land in our colonies, and various schemes respecting it have been propounded, till at length the whole art of colonization (as the matter has been termed with some affectation) has, apparently, been supposed to rest upon this mode of getting money, and the manner of applying it to the service of the colony. The whole of the leading scheme, however, when briefly and simply described-when robbed of the false importance which many words and favourable and unfavourable prejudices have given it, is simply this:-1. A high upsetprice, for the purpose of concentrating the population of the colony, is to be affixed to the wild land, and—2. The money derived from the sale of the wild lands is to be applied in sending out well-selected settlers to the new colony. There is nothing more—nothing less—in this much talked-of, much abused, much praised scheme. A great mystery has been created about it-a sort of conjuration solemnity has been employed when describing it. This, however, it is :-And, like most schemes of sanguine projectors, it is based on a one-sided view; has been altogether exaggerated; has misled many who have supposed wonderful effects would follow the plan if adopted, and will mislead many more, if people will trust to excited and sanguine imaginations rather than their own reason.

A colony certainly cannot be planted without inhabitants. If its first settlers are persons fitted to bear the hardships and overcome the difficulties attendant upon the formation of a colony, success will undoubtedly

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be rendered more probable, than if a host of idle, decrepit, and ignorant persons, attempt to plant a settlement. This was perceived by John Smith, in Virginia, as early as the year 1608, just as clearly as by any person at the present day; and they who were careful to send out young, handsome, and "incorrupt" maidens, were well aware of the benefit resulting from well-selected emigrants.

But inhabitants are not all that is required, as the very statement allows which insists upon the necessity of selection and concentration. Let us illustrate this, and then judge of the wisdom of insisting upon the application of the whole of the land-fund to the sending out inhabitants. Suppose, when the first sales have been made, there is in the bank, paid to the account of the settlement, say the round sum of 10,000l. Apply this fund, says this new system, to emigration-use it all, and place upon the strand of the new settlement as many settlers, well chosen, as the money will enable you to export. Is this a wise proceeding? The moment the colony begins to exist the moment a new community is formed there are wants which at once arise, and are felt by every man in the community. These wants must be provided for at the common expense. First-and I place it in the very front-there is the want of a government. You need security to be established immediately; for without security there will be no steady labour, and without steady labour there will be no success. any one who wishes to learn the influence of government, in this sense, upon the fortunes of a new community, read the early history of Virginia and the New

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England States. Not only was security needed for their success, but the stimulus of individual interests, which could only be created by the institution of private property, was needed also. They (the colonists of Virginia and Massachusetts) began with having all things in common, and could never advance; the right of private property was afterwards established, and from that moment the colonies began to prosper. But the right of private property means, that there is somewhere a power which will protect each individual, and insure him the privilege, unmolested, of enjoying his own-his private property. This power is the government.

But government costs money; and, I ask, would it not be wise to limit the number of your settlers, and apply some of your funds to the maintenance of a government which will insure security? This should be, indeed, a frugal government, and there is no means of making it effectually a frugal government but intrusting it to the people themselves.

But I have not by any means exhausted my catalogue of wants. No new settlement can succeed without roads; but roads are expensive. Bridges are equally necessary; these also are expensive. A wharf will be needed. Now these are common wants that is, wants which all feel-but it is not wise, particularly in a new settlement, to throw the burthen of making roads, bridges, &c., upon private enterprise; and no application of the common money could be devised more conducive to the common weal, than the making good roads at the very commencement of the settlement.

A court-house, a jail, are absolutely needed, and they

who seek to frame successful colonies will limit the number of the inhabitants, and supply all their absolute necessities, rather than send out double the number of selected emigrants without any provision of the kind.

But if here it is said: "No such thing as employing all the money derived from the sale of land in sending out emigrants was ever intended or proposed; all that you have said, we mean;"-if this be so, then I answer, Let us reduce this supposed great discovery to its true dimensions. You mean merely this: "It is wise to sell the wild land of the colony, and apply some of the money to sending out a certain number of selected emigrants."

Even this statement, narrowed to this insignificant condition, must be received with many saving considerations. In the very infancy of the colony, the government of the colony may find it a wise policy, not simply to attract emigrants, by offering great facilities and advantages to the settler, who seeks to procure for himself and his family a comfortable home, and the means of subsistence, and a chance of advancement in life;- It may be, I say, a wise policy in the government of the colony to go beyond this at the very outset, and not only attract, but actually to take out, a number of selected emigrants: But this will, and must, soon cease to be wise policy. If the colony be well conducted, fertile, and enjoying a good climate, such attractions will quickly bring out voluntary emigrants in large numbers. There will be no need to swell the tide of emigration to such a country; you will have enough, and more than enough. The application of the country's