Page:Prerogatives of the Crown.djvu/52

 32 Prerogatives where exerciseable. [Ch. III. who have full power and authority to make laws and statutes of sufficient validity to bind the colonies and people of Ame- rica, subjects of the Crown of Great Britain, in all cases whatsoever. And this authority has been since very forcibly exemplified and carried into effect, by the statute 7 G. 3. c. 59. for suspending the legislation of New- York ; and by seve- ral subsequent statutes, (a) Hence it is clear that, generally speaking, the common law of England does not, as such, hold in the British colonies: {b) such colonies are distinct from, though dependent on, England : are subject to the controul of Parliament, though not bound by any Acts of Parliament, unless particularly referred to therein. With respect to countries which the King does not hold in right of his British crown, as his Majesty's German territories, they have no connection or communication with England or its laws, [c) We have already observed that the King cannot vary from any treaty which he has entered into on the conquest of a country ; and may preclude himself from the exercise of his prerogative power of legislation, in the first instance over a conquered or ceded territory, by vesting it in an assembly of the inhabitants or a governor, [d) It is indeed a most sound and important principle, that though the King may keep in his own hands the power of regulating and governing the in- habitants ; he cannot infringe or depart from the provisions of a charter by which he has, though voluntarily, granted them any liberties or privileges. In every question therefore which arises between the King and his colonies respecting the prero- gative, the first consideration is the charter granted to the in- habitants. If that be silent on the subject it cannot be doubted, but that the King's prerogatives in the colony are precisely those prerogatives which he may exercise in tlie mother coun- try. The prerogative in the colonies, unless where it is (a) By 22 Geo. 3. c. 46. his Majesty blished the common Jaw of England in was empowered to conclude a truce or all the British American Plantations, peace with the Colonies or Plantations except Quebec or Canada. See 14 Geo. in America j and by bis Letters Patent S. c. 84. s. 11. establishing the Crimi- to suspend or repeal any Acts of Par- nal Law of England in Quebec. Great liament which related to those colonies. part of Quebec or Canada has been, it (5) Of this there can be no doubt. seems, given up to the United States. But Mr. Stokes observes, in his work on Stokes, 31. the Constitution of the Colonies, that (c) 3 Burr. 856. 1 Bla. Com. 110. the Crown has from time to time csta- (rf) Ante, 29. 3 abridged