The fundamental maxims are that a country conquered, keeps her own laws, till the conqueror expressly gives new.

A colony which goes from hence to settle in a waste country, if they have an express constitution by charter (or so far as that is silent), carries with them such a part of the common law of England as is adapted to and proper for their situation.

A very small part of the common or statute law of England is law, there, by this maxim. Ecclesiastical laws, revenue laws and penal laws, and a thousand other heads, do not bind these by implication, though in force here at the time of their settlement.

Perhaps the principal parts of this report may be untrue; but I am so startled at it that I cannot help writing to you. You may easily learn from the Board of Trade whether there has been any act from hence to send them over in a lump a new and unknown law.*

I have thought of the observation you made yesterday, from looking into the charters of some of the charter govern

ments.

Though the question does not want this or any other authority, yet it will be a striking attestation to ignorant people, and an unanswerable argument ad homines; and therefore I wish you would employ somebody to look with this view into the origin of their power to tax themselves and raise money at all.

As to the charter and proprietary governments, it can only be found in the letters patent from which it must be derived. As to the King's commission and instructions to the governors of an early date, which may be found at the Council Office or the Board of Trade, I would particularly look into that of New York, which was taken from the Dutch, and in a few years afterwards changed her master. Their first commission by a King of England is by Charles the Second.

* The remaining part of the letter refers to the right of Parliament to tax the colonies; but I do not, as it is brief, suppress it.

I am just going out of town for the holidays. I could not help troubling you, for which I hope you will forgive me. Yours most affectionately,

-Grenville Paper, vol. 2, p. 476.

MANSFIELD.

APPENDIX E.

Captain Stirling, who was despatched in 1765 by General Gage to take possession of the posts and settlements of the French in the Illinois country east of the Mississippi, upon his arrival, St. Ange surrendered Fort Chartres, and retired with the garrison of twenty-one men, and a third of the inhabitants of that settlement, to St. Louis, where he exercised the duties of commandant by the general consent of the people, till he was superseded by the Spanish governor, Piernes, in 1770. Upon assuming the government of the country, Captain Stirling published the following proclamation from General Gage, who was at this time the Commander-in-Chief of the British forces in North America :

Whereas, by the peace concluded at Paris, the tenth day of February, 1763, the country of Illinois has been ceded to his Britannic Majesty, and the taking possession of the said country of the Illinois by the troops of his Majesty, though delayed, has been determined upon. We have found it good to make known to the inhabitants

"That his Majesty grants to the inhabitants of the Illinois, the liberty of the Catholic religion, as has already been granted to his subjects in Canada. He has consequently given the most precise and effective orders to the end that his new Roman Catholic subjects of the Illinois may exercise the worship of their religion according to the rites of the Romish Church, in the same manner as in Canada.

"That his Majesty, moreover, agrees that the French inhabitants or others who have been subjects of the Most

Christian King (the King of France), may retire in full safety and freedom wherever they please, even to New Orleans, or any part of Louisiana; although it should happen that the Spaniards take possession of it in the name of his Catholic Majesty (the King of Spain), and they may sell their estates, provided it be to the subjects of his Majesty, and transport their effects as well as their persons, without restraint upon their emigration, under any pretence whatever except in consequence of debts or of criminal processes.

"That those who choose to retain their lands and become subjects of his Majesty, shall enjoy the same rights and privileges, the same security for their persons and effects, and the liberty of trade, as the old subjects of the King.

"That they are commanded by these presents to take the oath of fidelity and obedience to his Majesty, in presence of Sieur Stirling, Captain of the Highland Regiment, the bearer hereof, and furnished with our full powers for this purpose.

"That we recommend forcibly to the inhabitants to conduct themselves like good and faithful subjects, avoiding, by a wise and prudent demeanour, all causes of complaint against them.

"That they act in concert with his Majesty's officers, so that his troops may take possession of all the forts, and order be kept in the country. By this means alone they will spare his Majesty the necessity of recurring to force of arms, and will find themselves saved from the scourge of a bloody war, and of all the evils which a march of an army into their country would draw after it.

"We direct that these presents be read, published, and posted up in the usual places.

“Done and given at head-quarters, New York, signed with our hands, sealed with our seal at arms, and countersigned by our Secretary, this 30th of December, 1764.

"By his Excellency, G. MASTURIN "

"THOMAS GAGE.

"Whereas, we have taken into our Royal consideration the extensive and valuable acquisitions in America, secured to our Crown by the late definitive treaty of peace concluded at Paris the 10th of February last; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in America, may avail themselves, with all convenient speed of the great benefits and advantages which must accrue therefrom to their commerce, manufactures and navigation, we have thought fit, with the advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving subjects that we have, with the advice of our said Privy Council, granted our letters patent under our great seal of Great Britain, to erect within the countries and islands ceded and confirmed to us by the said treaty, four distinct and separate governments, styled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz. :

First, The Government of Quebec, bounded on the Labrador coast by the River St. John, and from thence by a line drawn from the head of that river, through the Lake St. John, to the south end of the Lake Nipissim; from whence the said line, crossing the River St. Lawrence and the Lake Champlain, in forty-five degrees of north latitude, passes along the islands which divide the rivers that empty themselves into the said river St. Lawrence, from those which fall into the sea; and also along the north coast of the Baie des Chaleurs, and the coast of the Gulf of St. Lawrence to Cape Rosieres, and from thence crossing the mouth of the River St. Lawrence by the west end of the Island of Anticosti, terminates at the aforesaid River St. John.

Secondly, The Government of East Florida, bounded on

the westward by the Gulf of Mexico and the Appalachicola river; to the northward, by a line drawn from that part of the said river where the Chatahouchee and Flint rivers meet, to the source of St. Mary's river, and by the course of the said river to the Atlantic Ocean; and to the east and south by the Atlantic Ocean and the Gulf of Florida, including all islands within six leagues of the sea coast.

"Thirdly, the Government of West Florida, bounded to the southward by the Gulf of Mexico, including all islands within six leagues of the coast from the River Appalachicola to Lake Pontchartrain; to the westward, by the said Lake, the Lake Maurpas, and the River Mississippi; to the northward, by a line drawn due east from that part of the Mississippi which lies in thirty-one degrees north latitude, to the River Appalachicola or Chatahouchee; and to the eastward by the said river.

"Fourthly, The Government of Grenada, comprehending the island of that name, together with the Grenadines, and the islands of Dominico, St. Vincent and Tobaga.

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And to the end that the open and free fishery of our subjects may be extended to, and carried on, upon the coast of Labrador and the adjacent islands, we have thought fit, with the advice of our said Privy Council, to put all the coast, from the River St. John's to Hudson's Straits, together with the islands of Anticosti and Madeline, and all other smaller islands lying upon the said coast, under the care and inspection of our Governor of Newfoundland.

"We have also, with the advice of our Privy Council, thought fit to annex the islands of St John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our Government of Nova Scotia.

"We have also, with the advice of our Privy Council aforesaid, annexed to our Province of Georgia all the lands lying between the rivers Altamaha and St. Mary's.

And whereas, it will greatly contribute to the speedy settling our said new governments, that our loving subjects

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