Page:The crater; or, Vulcan's peak.djvu/337

 OR, VULCAN S PEAK. 97 office was more modestly styled ; to which duties he added those of surveyor-general. Charles received his salary, which was two hundred and fifty dollars, being in need of it. The question of salary, as respects the governor, was also settled. Mark had no occasion for the money, owning all the vessels, with most of the cargo of the Rancocus, as well as having brought out with him no less a sum than five thousand dollars, principally in change halves, quar ters, shillings and six-pences. Then a question might well arise, whether he did not own most of the stock ; a large part of it was his beyond all dispute, though some doubts might exist as to the remainder. On this subject the governor came to a most wise decision. He was fully awa - e that nothing was more demoralizing to a people than to suffer them to get loose notions on the subject of property. Property of all kinds, he early determined, should be most rigidly respected, and a decision that he made shortly after his return from America, while acting in his capacity of chief magistrate, and before the new court went into regular operation, was of a character to show how he regarded this matter. The case was as fol lows : Two of the colonists, Warner and Harris, had bad blood between them. Warner had placed his family in an ar bour within a grove, and to &quot; aggravate&quot; him, Harris came and walked before his door, strutting up and down like a turkey-cock, and in a way to show that it was intended to annoy Warner. The last brought his complaint before the governor. On the part of Harris, it was contended that no injury had been done the property of Harris, and that, consequently, no damages could be claimed. The question of title was conceded, ex necessitate rerum. Go vernor Woolston decided, that a man s rights in his pro perty were not to be limited by positive injuries to its market value. Although no grass or vegetables had been destroyed by Harris in his walks, he had molested Warner in s.ich an enjoyment of his dwelling, as, in intendment of law, every citizen was entitled to in his possessions. The trespass was an aggravated one, and damages were given accordingly. In delivering his judgment, the governor took occasion to state, that in the administration of the VOL. II. 9