been made to
enlarge them. So far as they existed merely in theory, or were in their
nature only exclusive of the claims of other European nations, they
still retain their original character, and remain dormant. So far as
they have been practically exerted, they exist in fact, are understood
by both parties, are asserted by the one, and admitted by the other.

Soon after Great Britain determined on planting colonies in America,
the King granted charters to companies of his subjects, who associated
for the purpose of carrying the views of the crown into effect, and of
enriching themselves. The first of these charters was made before
possession was taken of any part of the country. They purport generally
to convey the soil, from the Atlantic to the South Sea. This soil was
occupied by numerous and warlike nations, equally willing and able to
defend their possessions. The extravagant and absurd idea, that the
feeble settlements made on the sea coast, or the companies under whom
they were made, acquired legitimate power by them to govern the people,
or occupy the lands from sea to sea, did not enter the mind of any man.
They were well understood to convey the title which, according to the
common law of European sovereigns respecting America, they might
rightfully convey, and no more. This was the exclusive right of
purchasing such lands as the natives were willing to sell. The crown
could not be understood to grant what the crown did not affect to
claim, nor was it so understood.

The power of making war is conferred by these charters on the colonies,
but _defensive_ war alone seems to have been contemplated. In the first
charter to the first and second colonies, they are empowered, "for their
several _defences_, to encounter, expulse, repel, and resist, all
persons who shall, without license," attempt to inhabit "within the said
precincts and limits of the said several colonies, or that shall
enterprise or attempt at any time hereafter the least detriment or
annoyance of the said several colonies or plantations."

The charter to Connecticut concludes a general power to make defensive
war with these terms: "and upon _just causes_ to invade and destroy the
natives or other enemies of the said colony."

The same power, in the same words, is conferred on the government of
Rhode Island.

This power to repel invasion, and, upon just cause, to invade and
destroy the natives, authorizes offensive as well as defensive war, but