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Show 36 ACTS RELATING Part E Plainly, he does not act in his fupreme legiflative capacity, nor in his fubordinate legifl'ative, nor in his executive capacities. Every reafon afligncd ahove, in the cafe of his granting a capitulation, or figning a treaty, is applicable to the prefent cafe of granting a charter. By a charter I mean only an angina! charter, granted to new fettlers. Sufi. IT. TO THE COLONIES. 37 '" authority of that fovereignty, allu re to " you fuch and fuch conditions." \Vhat does he elfe when he grants a charter? " Go, fays he to the fubjefts, " polfefs yourfelves of this countr y; " people it, cultivate it, fubm'it it to the "power of your country, and I, the a" gent, the reprefentative of your {ove " reign, will reward your labours by the " aiTuraiice of fuch and fuch conditions." He acts then, when he grants fuch a Can any reafon be afligned why the charter, in the fame capacity as when he grants a capitulation, or makes a treaty. faith of the nation plightetl to‘zm mam}, He acts in his procuratorial‘ capacity. In fact, to grant a capitulation, and to grant their a charter, are acts of the very fame nature. Both are compaéls, to both the faith of the nation is plighted. When the king grants a capitulation what does. he? He fays to the enemy, " Submit yourfelves to the power of Great " Britain, and I, the agent, the reprec " fentative of the fovereignty of Great. " Britain, will, in the name and by the; "‘ authority by the avowed conf'titutional agent and reprefentative of the nation, fliould be deemed facred; and theflmze faith plight- cd to afizé/eé? by the flzme agent, and reprefentative, fliould not be deemed {gun}b/ facred? We may then, I think, fafely conclude, that in granting a charter the. king acts in the fame capacity as when he grants a capitulation; that the one ail isjuf't as confiitutional, jufl: as valid as the other; that the terms of the one are to be as facredly D 3 obferved |