98 THE CRATER; Jaw, the rights of every man would be protected in the fullest extent, not only as connected with pecuniary" con siderations, but as~ connected with all those m or a] uses and feelings which contribute to human happiness. This decision met with applause, arid was undoubtedly right in itself. It was approved, because the well-intentioned colonists had not learned to confound liberty with licen tiousness ; but understood the former to be the protection of the citizen in the enjoyment of all his innocent tastes, enjoyments and personal rights, after making such con cessions to government as are necessary to its mainte nance. Thrice happy would it be for all lands, whether they are termed despotisms or democracies, could they thoroughly feel the justice of this definition, and carry out its intention in practice. The council was convened the day succeeding its elec tion. After a few preliminary matters were disposed of, the great question was laid before it, of a division of pro perty, and the grant of real estate. Warrington and Charles Woolston laid down the theory, that the fee of all the land was, by gift of Providence, in the governor, and that his patent, or sign-manual, was necessary for passing the title into other hands. This theory had an affinity to that of the Common Law, which made the prince the suzerain, and rendered him the heir of all escheated estates. But Mark s humility, not to say his justice, met this doctrine on the threshold. He admitted the sovereignty and its right, but placed it in the body of the colony, instead of in himself. As the party most interested took this view of the case, they who were disposed to regard his rights as more sweeping, were fain to submit. The land was therefore declared to be the property of the state. Ample grants, however, were made both to the governor and Betts, as ori ginal possessors, or discoverers, and it was held in law that their claims were thus compromised. The grants to Go vernor Woolston included quite a thousand acres on the Peak, which was computed to contain near thirty thousand, and an island of about the sarre extent in the group, which was beautifully situated near its centre, and less than a league from the crater. Betts had one hundred acres granted to him, near the crater also. He refused any other
