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In making treaties: The Treaty is a
Compact. The Contracting party the
Legislature: and the King is their Attorney.
When he sends an Ambassadors, this Attorney
appoints a Deputy.
When he proclaims War he suspends
with regard to the Whole Nation certain of the General Laws in which
Items are concerned, establishing
a certain standing set of Items
in their room. The Laws thus suspended
may be styled the Laws of Peace. The Laws
named in the room of them may be called the Laws of War.
When he makes Peace, he suspends
the latter set and restores the former.
When he issues Letters of Reprisals he suspends
the Laws of Peace to the height in favor of the
party to whom the Letters are presented:
to the party empowered.
When he grants Safe-conducts, he either
gives to the benefit of the party
protected a correspondent part of the
Laws of Peace: or in the room of the
Laws of War in such behalf, sets
up a new set of Laws to serve as
Laws of Peace in that behalf: according
as to what are to the conditions of the safe-conducts,
and the penalty for violating it.
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The King's Prerogative like any other incidents
of powers (as may be distinguished
into beneficial and Fiduciary
The System of Powers styled Executive
is one branch of the Fiduciary.
Those which Sr. W. Blackstone terms takes the
Fiscus are chiefly of the Fiduciary
kind: those
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