precincts of the civil jurisdictions of said colonies and plantations; otherwise than in such manner as the said. law martial and military commissions are annexed or subject to the supreme civil jurisdiction within his Majesty's realms and dominions of Great Britain and Ireland; and hence it is, that the establishment and exercise of such commands and commissions would be illegal." *

Rem. The King has the command of all military force in his dominions; but in every distinct state of his dominions there should be the consent of the Parliament or Assembly, (the representative body,) to the raising and keeping up such military force. He cannot even raise troops and quarter them in another, without the consent of that other. He cannot of right bring troops raised in Ireland and quarter them in Britain, but with the consent of the Parliament of Britain; nor carry to Ireland, and quarter there, soldiers raised in Britain, without the consent of the Irish Parliament; unless in time of war and cases of extreme exigency. In 1756, when the Speaker went up to present the money bills, he said, among other things, that “England was capable of fighting her own battles and defending herself; and, although ever attached to your Majesty's person, ever at ease under your just government, they cannot forbear taking notice of some circumstances in

* Governor Pownall accompanied this paper to Dr. Franklin with a sort of prophetic remark. After stating that these theorems, and their application to existing cases, were intended to remedy the prejudice, indigestion, indecision, and errors then prevailing, either in opinions or conduct, he adds; "The very attention to the investigation may lead to the discovery of some truths respecting the whole British empire, then little thought of, and scarce even suspected; and which perhaps it would not be prudent at this time to mark and point out." The minister, however, judged the discussion of dubious rights over growing states, a better policy than possession, discretion, and silence; he turned civilian, and lost an empire. — B. V.

the present situation of affairs, which nothing but the confidence in your justice, could hinder from alarming their most serious apprehensions. Subsidies to foreign princes, when already burdened with a debt scarce to be borne, cannot but be severely felt. An army of foreign troops, a thing unprecedented, unheard of, unknown, brought into England, cannot but alarm," &c. &c. (See the Speech.)

N. B. These foreign troops were part of the King's subjects, Hanoverians, and all in his service; which is the same thing as

Extract. "SUPREME power and authority must not, cannot, reside equally everywhere throughout an empire."

Observation. Writers on this subject often confuse themselves with the idea, that all the King's dominions make one state, which they do not, nor ever did since the conquest. Our kings have ever had dominions not subject to the English Parliament. At first the provinces of France, of which Jersey and Guernsey remain, always governed by their own laws, appealing to the King in Council only, and not to our courts or the House of Lords. Scotland was in the same situation before the union. It had the same King, but a separate Parliament, and the Parliament of England had no jurisdiction over it. Ireland the same in truth, though the British Parliament has usurped a dominion over it. The colonies were originally settled in the idea of such extrinsic dominions of the King, and of the King only. Hanover is now such a dominion.

VOL. IV.

* See above, pp. 206, 211, 215. EDITOR.
X*

36

"If each Assembly, in this case, were absolute, they would, it is evident, form not one only, but so many different governments, perfectly independent of one another."

This is the only clear idea of their real present condition. Their only bond of union is the King.

"Now that of Great Britain being exactly the kind of government I have been speaking of, the absolute impossibility of vesting the American Assemblies with an authority in all respects equal to that of the mother country, without actually dismembering the British empire, must naturally occur to every one."

It would not be dismembering it, if it never was united, as, in truth, it never yet has been. Breaking the present union between England and Scotland would be dismembering the empire; but no such union has yet been formed between Britain and the colonies.

"Where divers remote and distant countries are united under one government, an equal and fair representation becomes almost impracticable, or, at least, extremely inconvenient."

Here appears the excellency of the invention of colony government, by separate, independent legislatures. By this means, the remotest parts of a great empire may be as well governed as the centre; misrule, oppressions of proconsuls, and discontents and rebellions thence arising, prevented. By this means the power of a king may be extended without inconvenience over territories of any dimensions, how great soever. America was thus happily governed in all its different and remote settlements, by the crown and their own Assemblies, till the new politics took place, of governing it by one Parliament, which have not succeeded and never will.

"Should we carry our supposition much farther, the inconveniences attending such long journeys would be very great, although not interrupted by water."

Water, so far from being an obstruction, is a means of facilitating such assemblies from distant countries. A voyage of three thousand miles by sea is more easily performed, than a journey of one thousand by land.

It is, in my opinion, by no means impracticable to bring representatives conveniently from America to Britain; but I think the present mode of letting them govern themselves by their own Assemblies much preferable. They will always be better governed; and the Parliament has business enough here with its own internal concerns.

"Whether they should not be allowed such a form of government, as will best secure to them their just rights and natural liberties."

They have it already. All the difficulties have arisen from the British Parliament attempting to deprive them of it.

"Is it not, let me ask, most egregious folly so loudly to condemn the Stuart family, who would have gov erned England without a Parliament, when at the same time we would, almost all of us, govern America upon principles not at all more justifiable?”

Very just. Only that the arbitrary government of a single person is more eligible, than the arbitrary government of a body of men. A single man may be afraid or ashamed of doing injustice; a body is never either one or the other, if it is strong enough. It cannot apprehend assassination, and by dividing the shame among them, it is so little apiece that no one minds it.

"And consistently with our rights of sovereignty over them."