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Show 32 ACTS RELATING Part I. Seét. H. To THE CoLONiss. 33 ifis, and ought to have a name; let us call it his proczrrrlz‘arzlz/ capacity. The powers which he excl-cites in this its own confiitutional agent and reprefentative. A capitulation is granted at the begin capacity, this agency, this rcprelentation, ing ofa war. are not perhaps derived from any pofitxvc act of the legiflature: they are derived from euftorn, from the fame fouree as moi]: definitive treaty of peace, the laws of the of the powers ofthe other conflituent parts of the {late are derived. Had this plain and obvious dilliné‘tion of the different capacities in which the king may be confidered as aeting, been fulfi- It is flipulated, that till a conquered country {hall in all points constinne in full force. The war lafis twenty years. Will any man pretend that the parliament has a eonftituti‘onal right of infringing this fiipulation? Of changing, during this interval, the laws of the 'eonquered country? Surely not. For no ciently attended to, much ufelefs argu- one difputes but that all the articles of a ment on the prefent fubjeét had been capitulation are to be religioufly ob- fpared. . ferved. \Vhen the king aéts in his procuratorial capacity; when he grants a c‘a'pi'lztr'arz'm, or makes a treaty, there is no contiie‘t be- tween dillerent and contending branches of the fovereignty. It is not the execu- tive power that binds the legillativc; nor a. part of the legillzitive that binds the whole. But the legillatnre is bound hy 1H A definitive treaty is figned. The country is yielded to Great Britain, One article of the treaty is, that the laws of defcent and fuccefiion {hall remain inviolate, {rich as they were before the c0nquei't. \Vill any man fay that the parliament can infringe this article? Surely not. For all the articles of a peace are to be religioufly obferved. D Another |
