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Extracts from the Case of Hall v. Campbell
No 5 pp. 211 & 212 If a King (says the book) [Coke's report of Calvin's Case] comes
to a kingdom by conquest, he may change and alter the laws
of that kingdom; but if he comes to it by title and descent,
he cannot change the laws of himself without the consent
of Parliament.* *Kep. 17.b. It is plain he alludes to his own countrys
because he alludes to a country where this a Parliament.
...... In the year 1722, the assembly of Jamaica being
refractory, it was referred to Sir Philip Yorke and Sir
Clement Wearge, to know "what could be done if the assembly
"should obstinately continue to withhold all the usual
"supplies." They reported thus: "If Jamaica was still to be
"considered as a conquered island, the king had a right to
"levy taxes on the inhabitants; but if it was to be considered
in the same light as the other colonies. no tax could be "imposed on the inhabitants by an assembly of the
island, or by an act of Parliament."
They considered the distinction in law as clear, and an
indisputable consequence of the island being in the one
state or the other....
No 6 212. A maxim of constitutional law as declared by all the
judges in Calvin's case, and which two such men in modern
times as Sir Philip Yorke and Sir ClementWearge Wearge, took
for granted, will require some authentics to shake.—
Never has the right of the Kg to "legislate" over a Colony, not obtained
by conquest, been established or recognized by any judicial decision
And by the decision in the argument in which was that tie this a right to legislate was a
Colony obtained by conquest, it is recognized, that in a Colony not
so obtained — will not an assembly — : .. without the consent of
the subjects view, he has no such right.
Note
If the of Clarkes case had been attended to, the dispute with the Colonies could never have existed.
The true distinction — not between descent & purchase but between Englishmen & the English
Additional reason for the Kgs not legislating over Colonies, the conquered
English, if not already mixed with them, will after the conquest be
wishing to mix with them: and will either be debarred from that privilege by the despotism
or subjected to it.
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panopticon versus new south wales |
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extracts from the case of hall v campbell |
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john herbert koe |
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