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Show 54.6 APPENDIX. [Ag D.T.] Cow/3am" oft/59 Co/mz'a‘r. 547 within the precinc‘ts of fuch jurildié‘tions, muft rclpcc'hVe precinc‘l‘s of the civil jutifilifiions or laid colonies and plantations; otherwi‘} than in be infcparably annexed to theoflice of fupreme civil triagiilrate, (his Majefly's Regent, Vice- gerent, Lieutenant, or Locum Tenens, in what iuch manner as the {aid law martial and militanr form foever eflzablilhed ;) fo that the King cannot commitiions are annexed or fubiec‘t to the inpreme CiVilJurildic‘tion Within his Majefty's realms and by anyicommiflion of regency, by any com- miflion or charter of government, feparate or withdraw the fupreme command of the military from the ofiice of fupreme civil magiftrate ;-either dominions of Great Britain and Ireland,- And hence it 18 that the ef'tahlithmentiand exercife of fuch commands and commiflions would be illegal 4'. by reliarving this command in his own hands, to be exercifed and executed independent of the civil power; or by granting a diftinél: commiilion to any military commander in chief, {0 to be exer- cifed and executed; but more efpecially not within fuch jurifdic‘tions where fuch fupreme military power ((0 far as the conftitution knows and will jufiify the fame) is already annexed and granted to the oflice of fupreme civil magif'trate.-And hence it is that the King cannot ereét or eftablifh any law martial or military command, by any . Rem. The King has tar cmmand of all military force in his domimons: But in every diflinét {late of his dominions there {hould be the confent of the parliament or afl'embly, (the reprefentative body) to 1/" raiflng and keeping up {uch military force. -He cannot even raife troops and quarter them in another, without the content of that other. He cannot ofrig/Jr bring troops railed in Ireland and quarter them in Britain, but with the content of the parliament of Britain: Nor carry to Ireland and quarter there, foldiers raifed in Britain, without the content of the lrilh parliament; unlefs in time of war and‘ cafes of extreme exigency.-In 1756 when the Speaker went up to preterit the money-hills, he laid among other things, that ‘ England was capable of fighting her own battles and defend‘ ing herfelf; And although ever attached tolyourMajelly's perfon, ‘ ever at eafe under your jufl government; They cannot forbear ‘ taking notice offome circumllances in the prefent fituation of commiflion which may fupetfede and not be {ubjeét to the fupreme civil magiftrate, within the I If the King was to abfent ‘nimfelf for a time from the realm: and did as ufual leave a regency in his place, (his locum tcnens as fupreme civil magifirate ;) Could he authorize and commifiion any ‘ ‘ ‘ ‘ affairs, which nothing but the confidence in yourjullice, could hinder from alarming their moi‘t ferious apprehenfions. Sn‘néidies to foreign princes, when already burthened with adebt (came to he borne, cannot but be feverely felt. Andi-my q/‘i-‘OREIGN Taoor‘s, ‘ a thing unprerm'mtcd, unheard of; arr/imam", BROUGHT INTO ‘ ENGLAND; cannot but alarm, &c. &c.' (See the Speech.) military commander in chief, to command the militia forts and. N. B. Thefe FOREIGN rxoors were part of the King's fubjeéts, forces, independent of/itr/a regent}? Could he do this in Ireland? Hanoverians, and all in bi: fervice; which the fame thing as " RF. Could he do this in the colonies and plantations, where the Governor 1 [Governor P. accompanied this paper to Dr. F. with a {art of prophetic remark. 'Afier Rating that there theorems, and their application to exifiing cafeshwere intended to remedy the prejudice indigefiion indecifion and errors then prevailing either in opinions or conduct; he adds ‘ The very attention to (he invefhgation may lead ‘ to the difcovery affametrutb: refpzfiing [be wbaIIBrizyb Empire, then little thougnt ‘ Of and fcarce even fufpeéted ; and which perhaps it would not he ruden: at this ‘ time to mark and point emf-The minifler however judged t e_ dflufion of dubious rights ever growing Rates, 3 better policy, than pofi'efl‘ion difcretion and filcnce: He turned civilian, andlott an empire. 12.] is already, by commiffion or charter or both under the Great Seal, military commander in chief; as part of (and linfeparably annexed to) the office of {upreme civil magillrate, his Majefiy's locum tenens within {aid jurifdiflions P If he could ; then while openly, by patent according to law, he appeared to eilablifh a free Biitifli confiltmlon, he might by a fallacy eltablilh a military power and g0= vernment, refpeé'cive 4A2 [A:D.T.} ill \IllllllMIllllmlllll u ' 411*. El I |
