be deemed and dealt with as the property, the national property, of the colony so called into existence.

For some time, it is evident that there is no colonial authority to deal with this fund. I have spoken already of a sale of land, and of expense incurred in the survey, but as yet no colonist exists—a colony has been meted out it has been named-the territory within those bounds has been, by act of parliament, provided with a law—within those boundaries the law reigns as completely as in England, but, as yet, there is no population. Still there is a colony-the political entity is there-and, moreover, there is money in existence belonging to it—the proceeds of the land sold. This sum is to be dealt with. My supposed act of parliament deals with it. The Secretary of State, acting in the name of the colony about to be a SETTLEMENT, is directed to open an account with the Bank of England, and to pay in the money derived from the sale of the land to the account of the colony. And in future, whensoever land is sold by the authority of the Secretary of State, belonging thus to the SETTLEMENT, the proceeds, minus simply the expense of the sale, are to be at once paid to the account of the Settlement at the Bank of England.

The first settlers now proceed to their destination, and the SETTLEMENT exists in fact as well as in name.

But we have not yet explained in what way that which is usually called the government of the SETTLEMENT is to be constituted.

The settlement is, as I have already said, a transition state, in which the colony must continue until its popu

lation, of which a census is to be taken every five years, reaches the number of ten thousand ;* when, by this quinquennial census the population is found and declared to be a number beyond that of ten thousand, if it be only one beyond, then ipso facto the SETTLEMENT becomes a PROVINCE, and the consequences of that change will hereafter be explained.

The population have as yet not reached ten thousand, and therefore the colony is still a settlement, and must, for some years, be governed as a SETTLEMENT.

So long as the supposed country remains in the condition of a colony, whether as a SETTLEMENT or a PROVINCE, there must exist some connecting link in the government between the mother country and the colony. The governor is usually that link, and is appointed by the Crown. But so long as the condition of SETTLEMENT exists, the amount of the salary of the governor, and of all the functionaries appointed directly by the Crown, is also determined by the Crown. The judges of the superior courts and colonial secretary are, with the governor, probably the only functionaries that need be so appointed.

The governor and assistants compose the legislature of the settlement.

The assistants are, 1st, ex-officio the colonial secretary; 2nd, a treasurer to be appointed by the governor, removable on the representation of the court of assistants; and, 3rd, one representative sent by each county, and chosen every third year by the freeholders of the county.

* This number, will, I think, be found sufficient.

WHEN SETTLEMENT BECOMES A PROVINCE. 127

This court of assistants to have legislative power in the settlement, and power of taxation.

The court to sit all in one chamber, the governor when present presiding, and to have the casting vote and no other. The rule of presidency, supposing the governor absent and a quorum present, might easily be framed.

The governor to have a veto on all legislative acts, and a power to reserve all such acts as he thinks fit for approval by the Secretary of State.

While the colony continues a SETTLEMENT, the Secretary of State may direct sales of land belonging to the colony, to take place in England upon advertisement duly given in the Gazette. The money to be paid into the bank of England to the account of the settlement.

This

If the salaries of the governor, colonial secretary, and judges are refused by the Court of Assistants, who are annually to provide for the expenses of the settlements, then the Secretary of State may, after notice given in the Gazette of the refusal of the Court of Assistants, order the bank to pay the said salaries out of any money in their hands belonging to the SETTLEMENT. power is, I allow, a dangerous one; but I think experience shows that some such power is necessary in the peculiar condition of a new community as here contemplated. It will be exercised, subject to the supervision of Parliament, and cannot long exist. So soon as a PROVINCE is constituted, all such power ceases.

The Court of Assistants shall have power to appoint an agent in England for the sale of lands, and from time to time, as they see fit, to order sales of land, the Secre

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.

129

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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