_. Governor
Woolston decided, that a man's rights in his property were not to be
limited by positive injuries to its market value. Although no grass or
vegetables had been destroyed by Harris in his walks, he had _molested_
Warner in such an enjoyment of his dwelling; as, in intendment of law,
every citizen was entitled to in his possessions. The trespass was an
aggravated one, and damages were given accordingly. In delivering his
judgment, the governor took occasion to state, that in the
administration of the law, the rights of every man would be protected
in the fullest extent, not only as connected with pecuniary
considerations, but as connected with all those moral uses and feelings
which contribute to human happiness. This decision met with applause,
and was undoubtedly right in itself. It was approved, because the
well-intentioned colonists had not learned to confound liberty with
licentiousness; 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 concessions to government as are
necessary to its maintenance. 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 election. After a few
preliminary matters were disposed of, the great question was laid before
it, of a division of property, 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 original possessors, or
discoverers, and it was held in law that their claims were thus
compromised. The gr