or at leaſt upon that of nations. But there is a difference between theſe two ſpecies of colonies, with reſpect to the laws by which they are bound. For it hath been held[1], that if an uninhabited country be diſcovered and planted by Engliſh ſubjects, all the Engliſh laws then in being, which are the birthright of every ſubject[2], are immediately there in force. But this muſt be underſtood with very many and very great reſtrictions. Such coloniſts carry with them only ſo much of the Engliſh law, as is applicable to their own ſituation and the condition of an infant colony; ſuch, for inſtance, as the general rules of inheritance, and of protection from perſonal injuries. The artificial refinements and diſtinctions incident to the property of a great and commercial people, the laws of police and revenue, (ſuch eſpecially as are inforced by penalties) the mode of maintenance for the eſtabliſhed clergy, the juriſdiction of ſpiritual courts, and a multitude of other proviſions, are neither neceſſary nor convenient for them, and therefore are not in force. What ſhall be admitted and what rejected, at what times, and under what reſtrictions, muſt, in caſe of diſpute, be decided in the firſt inſtance by their own provincial judicature, ſubject to the reviſion and control of the king in council, the whole of their conſtitution being alſo liable to be new-modelled and reformed, by the general ſuperintending power of the legiſlature in the mother country. But in conquered or ceded countries, that have already laws of their own, the king may indeed alter and change thoſe laws; but, till he does actually change them, the antient laws of the country remain, unleſs ſuch as are againſt the law of God, as in the caſe of an infidel country[3]. Our American plantations are principally of this latter ſort, being obtained in the laſt century either by right of conqueſt and driving out the natives (with what natural juſtice I ſhall not at preſent enquire) or by treaties. And therefore the common law of England, as ſuch, has no allowance or authority there; they being no part of the mother country, but diſtinct (though dependent) dominions. They are ſubject
