OCR Text |
Show 80 Acrs RELATING Part I. of Jamaica. And {ince the Revolution in a more remarkable infiance. From thefe precedents the power may fairly be concluded to be confiitutional. It has farther appeared, that in the exer- cife of this power the king acts neither in his fupremelegiflative, nor in his fubordinate legiflative, nor in his executive capacity; but in another capacity, diflinél‘ from them all :--as the confiitutional a- gent, and reprefentative of the whole le- giflature ; of the whole nation: and which therefore we have called-his procumto- rial capacity. That in this capacity he does not ifl'ue TO THE COLONIES. 81 It ap wears frrther, that by thefe coznpafls the parties contracling, Whether conquered or lettled, tl:>:1grce with the king to recognilc themiiilvcn and their country to be {lib- ' t.) the ilrprcxnc legiflature of Great ' the king on his part does it to repeal, as to them, certain laws and efiablilh others ; to co: ‘Jey to them certain powers, which, as fuhjefts they would not have by law; and to exempt them. from certain rel‘traints to which, as firbieé'ts, they wmltl be fuh- jefied by law's. From hence it follows, that the Americans have, by the conflitntion, a right commands, but enters into compaé/r. That thefe compacts, Whether made with enemies or fubjeé'ts, are binding on the whole legiflature ; being indeed the afts of the legiflature itfelf; inafmuch as they are the aéts of that perfon who, by the confli- tution, is appointed the agent and reprefentative of the whole legiflature. to all the powers and exemptions {pccilierl in their original charters; to all the powers and exemptions mf lpcciiied, but nccclli‘ary to the enjoyment of thofe which are; and we hare ventured to' allow farther, to all inch as from the beginning of the contrafl' were, and down to time have been, by ho‘rh. parties 3 It flood and Ill l owml to h: 23:")??? gl '3 them, ..-. |