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Show 544- APPENDIX. [A2 D.T.] to twink/J 133i: amenable in all his rights, and through which his fervice and allegiance mul't be derived to the crown, and from which no appeal lies in criminal caufes; lb as that liich liibject may be- come imenable to a jurildittion foreign to his natural and lcg;al refinney; to which he may be Cary/[twice (ft/ac Colom'rr. 545 doubtedly of their jurifdiction ft) to do) to itTue the writ of 151156523 corpzzr 1'. Hence alfo it is, that in like manner as ‘ the ¢ command and diqu/iz‘z'on of tbe militia, and of a)! ‘ force: 153/ fizz (272d lmzd, and of all forts and places ‘ of {trength ; is, and by the laws of England thereby tranfported, and under which he may be ‘ ever was, the undoubted right of his Majefly brought to trial and receive judgment, contrary to the rights and privileges of the fubject as declared by the lpirit and intent and elipecially by the ioth §. of the Habeas Corpus Act.--And if ‘ and his royal- predeeeffors Kings and (kittens:- preme military power and command (it) far as the peribn of any tnbjeé't within the faid colonies the eonf'titution knows of and will juttify its ‘ of England, within all his Majefiy's realms ‘ and dominions+;' in like manner as the {us and plantations fl‘ou/il be ieized or detained by ef'cablifhment) is infeparably annexed to, and any power ifliiing from any court, without the juritdiciion of the colony where he then had his legal refianey; it would become the duty of the courts of jultice wit/yin fueh colony (it is un- forms an efibntial part of, the oflice of fupreme .--lt cannot be applied as a cafe fimilar and in point to the applica- tion of an Act of Parliament (paired in the 33th of Hen. Vlll. concerning the rriizlzf Iran/5125,) lately recommended in order to the {ending perfons accuferl of committing crimes in the plantations, to England for trial: Betaufe this Act of the 11th 8: 12th of \Villiam, c. 7. refpeéts crime: committed in places, " llV/ytrc t/zu fidwz'ral 1m: " juriflfiflim," andCa/rr to which the jurifdié‘tion of thofe provincial courts do mt extend. In the mfi aftrm/mr (entwined rwz'tbz'n I/Jc ju- rifiz'lflion of fly: [alonicr and plantatiam ; there are courts competent to try fuch crimes and to give judgment thereupon, Where the trials of fuch are regulated by laws to which the King hath given his con- fcnt: From which there lies no appeal, and wherein the King hath given power and initrufiion to his Governor as to execution or refpite ofjudgment. The {aid Act of Hen. VIII. Which provides remedy for a cafe which {uppofes (be want of due legal jurifdié‘tion cannot be any way, or by an r rule, applied to a cafe where there 2: due legal and competent juri diction. doubtedly civil magiilrate, the oflice of King: In like manner, in all governments under t/Je 'zlizg, where the conftituents are Britifli fubjeéts and of full and perfect right entitled to the Britifh laws and conflitution, the fupreme military command 1 [The] referring to an old Aft made for the trial oftrealbns coma mitted out of the realm, by inch perfons as had no legal reficmcy tut Within the realm, and who were of the realm; applying the purview of that tlatute which was made to bring fubjefls of the realm who had committed treafon out of the realm (where there was no :rz‘minaljurifdz'flimz to «iv/12H) 1/er (rm/(l ée amenable) to trial within the realm, under that criminal jurifdié‘tion to which alone bytheir legal rcfiancy and allegiance they were amenable; applying this to the call: of {ubjeéts whetc [cg/z] refiancy is wit/nut the realm, and who are by that rcfiancy and their allegiance amenable to ajurifdié‘tion authorized and empowered to try and give judgment upon all capital offences whatfocver without appeal; thus applying this fiatute {o as to take up a proceeding, for which there is no legal procefs either by common or flatute law as now el'tablilhed, but in defiance of which there is a legal procefs etlablilhed by the Habeas Corpus A61; Would be, to disfranchife the fubjeé‘t in America of thofe rights and liberties which by llatute and common law he is now intitled t0. . % 13th and 14th Car. 11. c. 2. 4. A Within m Ihnhl‘rlh‘l Wt}l'illi |