Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/123

§. 4. or at leat upon that of nations. But there is a difference between thee two pecies of colonies, with repect to the laws by which they are bound. For it hath been held, that if an uninhabited country be dicovered and planted by Englih ubjects, all the Englih laws then in being, which are the birthright of every ubject , are immediately there in force. But this mut be undertood with very many and very great retrictions. Such colonits carry with them only o much of the Englih law, as is applicable to their own ituation and the condition of an infant colony; uch, for intance, as the general rules of inheritance, and of protection from peronal injuries. The artificial refinements and ditinctions incident to the property of a great and commercial people, the laws of police and revenue, (uch epecially as are inforced by penalties) the mode of maintenance for the etablihed clergy, the juridiction of piritual courts, and a multitude of other proviions, are neither neceary nor convenient for them, and therefore are not in force. What hall be admitted and what rejected, at what times, and under what retrictions, mut, in cae of dipute, be decided in the firt intance by their own provincial judicature, ubject to the reviion and control of the king in council, the whole of their contitution being alo liable to be new-modelled and reformed, by the general uperintending power of the legilature in the mother country. But in conquered or ceded countries, that have already laws of their own, the king may indeed alter and change thoe laws; but, till he does actually change them, the antient laws of the country remain, unles uch as are againt the law of God, as in the cae of an infidel country. Our American plantations are principally of this latter ort, being obtained in the lat century either by right of conquet and driving out the natives (with what natural jutice I hall not at preent enquire) or by treaties. And therefore the common law of England, as uch, has no allowance or authority there; they being no part of the mother country, but ditinct (though dependent) dominions. They are ubject Rh