of America: and after that policy was changed, yet the first charters having been granted as well to planters as to merchants adventurers, the intereft of the planters has been confidered more or lefs, in all the regulations concerning that island; and the term Planter and Plantation is known there, as well as in any part of America, or the WeftIndies. SOME doubts concerning the defcriptions of colony, or plantation, have been coupled with another doubt; namely, Whether the colony, or plantation, if it were one, was a territory which belonged to his majesty? Thefe points were difcuffed in the cafes of Honduras, and of Surat. Ir was material to afcertain, Whether Honduras was a plantation to his majesty belonging, or in his poffeffion? for it had become a practice for fhips to fit out from Jerfey, to fetch logwood from thence, and carry it directly to France, Holland, and other parts of Europe; which, being an enumerated commodity, could not be done from a plantation to his majesty belonging, confiftently with the 18th fection of the Act of Navigation. This queftion was put to PART II. A. D. 1783. PLANTATION TRADE. to the law-officers after the treaty of peace in 1763; in the 17th article of which 12. CAR II.TO the king had agreed to caufe all the fortifications erected there by British fubjects to be demolished: but the king of Spain agreed, that the British fubjects, or their workmen, should not be disturbed or molested in their occupation of cutting logwood; for which purpose they were permitted to build and occupy houses and magazines neceffary for their families and effects. But, notwithstanding these ftipulations in favour of British settlers, Mr. De Grey (a) was of opinion, that the Bay of Honduras could not be confidered as a plantation or territory belonging to his majefty, within the meaning of the Act of Navigation, but that it was a part of the Spanish territories, fubject to fuch rights and liberties therein as are ftipulated for by treaty; and that there is no law fubfifting to prevent an English fubject, intitled to fuch rights and liberties, from carrying logwood, cut there, to any part of Europe. UPON a late queftion, Whether Surat was Surat. a plantation or colony within the meaning (a) 19 November 1768. of PART II. 12. CAR. II. TO A. D 1783. PLANTATION TRADE, of ftat. 7.& 8. Will. 3. fo as to entitle a ship there built to have a plantation-register? it was enquired, what was the nature of the poffeffion which the Eaft-India Company had there. And it being reprefented, that Surat was a port belonging to the Mogul, where feveral European nations have fettlements, and that the English chief, by an inftrument from Delhy, is governor of the "Mogul's caftle, and admiral of his fleet there, but that all merchants indifcriminately build ships there, it appeared to the law-officers, upon this statement of facts, that this fhip was not intitled to a register. BUT it being apprehended this was not an accurate state of the cafe, further enquiry was directed; and it appeared, upon information of perfons acquainted with the Company's affairs, that they have a fettlement at Surat, which is governed by a chief and council, who are fubordinate to the governor and council of Bombay; and, as the crown by charter has referved the fovereignty in all fettlements acquired, or made by the Company, it was conceived the fettlement at Surat is under his majesty's dominion. But whether the king has a fovereignty, depends on the fact of the Company having a territo of PART II. A. D. 1783. PLANTATION TRADE. rial property in Surat. And with regard to that point, it appears from their charters, 12. CAR. II. TO that Surat, as to the territorial right of the Company, was always confidered in the fame light with Bombay itself, which is denomi nated the town and factory of Bombay. By the charter of justice, of the 26th year George II. all civil, criminal, and military power is given to the Company, as well in the fubordinate factories, of which Surat is one, as in the island of Bombay itself. The indenture of 22d July 1702 conveys the dead flock of the Old Company to be held by the New; and, enumerating what shall be fo confidered, after Bombay, it fays, "Under "the prefidency of the faid ifland of Bom 66 bay, the factories of Surat." It was alfo certified, by an officer of the Company whofe knowledge and fituation were judged to intitle him to credit, that the Company deem the territory of all forts and factories, where they have a prefident and council, as their property; and this is the cafe at Surat; that the territory round the whole city of Surat is nominally held by the Company as governors for the Mogul, but that this grant was made after the Company had poffeffed themselves of it by force. Upon this statement of facts it was judged by PART II. 12.CAR.11. TO the law-officers, that this was fuch a plantation or colony as entitled the fhip built there to a register (a). A VERY particular queftion refpecting the king's fovereignty and poffeffion arofe on the occafion of the island of Guadaloupe being taken from the French in 1759. It was doubted, Whether this ifland was to be confidered as a plantation or territory to his majefty BELONGING, or IN HIS POSSESSION, within the meaning of the Act of Navigation, and other laws relating to duties on merchandize imported from thence? But the law-officers of the crown at that time gave their opinion that it was; and they alledged fuch reasons for their opinion as are well deferving our confideration. THE attorney-general (b) faid, that notwithstanding the advantageous terms granted to the inhabitants, they were difarmed, and in a ftate of fubjection to his majefty's troops. All new commiffions were to be taken under his majesty, and all acts of justice were to run in his name. He was in actual poffeffion of all the public revenues; and all the trade of (a) zo September 1785. (b) Mr. Pratt. the |