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Show 2 ACTS RELATING Part I. If the king has for a long fuccefiion of years invariably exercifed certain powers over conquered, or acquired countries; if Seét. I. To THE COLONIrs. 3 Should the king grant improper terms of capitulation, {hould he fign improper the Englifh or Britilh parliament has articles of peace, the confequences mgr/22‘ be fatal to himfelf: they oug/zt to be f0 to looked on, and allowed the exercife of his minifiers, and advifers. thefe powers; fuch a tacit confent is equi- people capitulating, or treating, ought either to be maintained in the rights and privileges which had been granted them, or reftored to the fituation they were in at the time of capitulating or treating. The fame, I apprehend, holds true of valent to a por'itive infiitution; is a conftant aét of recognition. Precedents then, if uncontradié'red by precedents of an oppofite nature, are conclufive. Let us begin with the cafe of conquered countries. No man difputes, that the confiitution has veiled in the king the power of making war, and making peace. He may grant what terms of capitula- tion he pleafes: he may make what ar- ticles of peace he fees tit. This is al- lowed on all hands. Terms of capitulation, articles of peace, ought to be underflood in their plain and acquired countries-~of fettlernents, made either in countries vacant, as was the cafe of Barbadoes; or in countries purchafed of, or ceded by the original inhabitants, as was the cafe of Ireland, and of our colonies in North America. It appears, that the conflitution has This too is allowed veiled in the king the power of granting their forms of government to the founders of new fettlements, as he judges to be bell: for the purpofes of the fettle- Should ments; in the fame manner as it invefis him with the power of granting fuch natural fenfe; ought to be firiélly, and religioufly obferved. on all hands. But Hill the B 2 terms |