Page:Prerogatives of the Crown.djvu/50

 30 Prerogatives wJiere exerciseable. [Ch. III. and fit that the conquered country should have some laws ; and, therefore, until the laws of the country thus acquired are changed by the new Sovereign, they still continue in force, [a) As observed by Lord Mansfield^ {b) the absurd exception as to an infidel country, mentioned in Calvin's case, (c) shews the universality and antiquity of the maxim. So, where the laws of the vanquished territory are rejected, without the substitu- tion of other laws, or are silent on any particular subjects, such territory is to be governed according to the rules of natural equity and right, {d) The King may preclude himself from the exer- cise of his prerogative legislative authority in the first instance, over a conquered or ceded country, by promising to vest it in an assembly of the inhabitants, and a governor, or by any other measure of a similar nature, by which the King does not claim or reserve to himself this important prerogative, [e) If an uninhabited country be discovered and peopled by English subjects, they are supposed to possess themselves of it for the benefit of their Sovereign, and such of the English laws then in force, as are applicable and necessary to their situation, and the condition of an infant colony; as for in- stance, laws for the protection of their persons and property, are immediately in force, {f) Wherever an Englishman goes he carries with him as much of English law and liberty as the nature of his situation will allow. Sir Wm, Blackstone observes {g) on this subject, that " with respect to their interior polity, our Colonies are property of three sorts: 1. Provincial establishments, the constitutions of which depend on the respective commissions (Ji) issued by the Crown to the governors, and the instructions which usually ac- company those commissions ; under the authority of which, provincial assemblies are constituted, with the power of (a) 7 Rep. 17. Show. Pari. Cas. 31. that now remain to Great Britain." 1 Bla. Com. 107, 8. 2 P. W. 75, 6. Stokes, 149. 19, 20. Since the 22 G. 3. (6) Cowp. 209. c. 82. which abolished the Board of (c) 7 Rep. 17. Trade, which formerly regulated mat- (rf) 2 Salk. 412. ters relative to the colonies, the Privy {e) Cowp, 204. Council is the forum for settling such (/) 2 P. W. 75. 2 Salk. 41 1. pi. 1. matters. The Secretary of State is the 2 Ld. Rayqa. 1245. 1 Bla. Com. 107. channel through which the colonial acts {g) 1 Bla. Com. 1 08. And see Stokes are transmitted. on the Constitution of the Colonies, 13. iji) See the form of a governor's &c. " Provincial establishments are the commission, Stokes, ch, 4. only species of American governments 8 making