Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/63

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CH. II.]
ORIGIN AND SETTLEMENT OF VIRGINIA.
23

Company, from the residence of the original grantees; and New-England was founded under their auspices.[1] Each colony had exclusive propriety in all the territory within fifty miles from the first seat of their plantation.[2]

§ 42. Some of the provisions of this charter deserve a particular consideration from the light they throw upon the political and civil condition of the persons, who should become inhabitants of the colonies. The companies were authorized to engage as conlonists any of the subjects of England, who should be disposed to emigrate. All persons, being English subjects and inhabiting in the colonies, and every of their children born therein, were declared to have and possess all liberties, franchises, and immunities, within any other of the dominions of the crown, to all intents and purposes, as if they had been abiding and born within the realm of England, or any other dominions of the crown. The patentees were to hold the lands, &c. in the colony, of the king, his heirs and successors, as of the manor of East Greenwich in the county of Kent, in free and common soccage only, and not in capite; and were authorized to grant the same to the inhabitants of the colonies in such manner and form and for such estates, as the council of the colony should direct.[3]

§ 43. In respect to political government, each colony was to be governed by a local council, appointed and removable at the pleasure of the crown, according to the royal instructions and ordinances from time to time promulgated. These councils were to be under the superior management and direction of another council sitting in England. A power was given to expel all in-
  1. Robertson's America, B. 9.
  2. 1 Haz. Coll. 50.
  3. 1 Haz. Coll. 50; Marsh. Colon. 25, 26; Robertson's Amer. B. 9.