able they would, as legislators, have
been disappointed. The case is quite a new one, and many unforeseen
difficulties would have arisen thereon. The Parliament claimed a
legislative right over America, and the war originated from that
pretence. But the army is supposed to belong to the crown, and if
America had been conquered through their means, the claim of the
legislature would have been suffocated in the conquest. Ceded, or
conquered, countries are supposed to be out of the authority of
Parliament. Taxation is exercised over them by prerogative and not by
law. It was attempted to be done in the Grenadas a few years ago, and
the only reason why it was not done was because the crown had made a
prior relinquishment of its claim. Therefore, Parliament have been all
this while supporting measures for the establishment of their authority,
in the issue of which, they would have been triumphed over by the
prerogative. This might have opened a new and interesting opposition
between the Parliament and the crown. The crown would have said that it
conquered for itself, and that to conquer for Parliament was an unknown
case. The Parliament might have replied, that America not being a
foreign country, but a country in rebellion, could not be said to be
conquered, but reduced; and thus continued their claim by disowning
the term. The crown might have rejoined, that however America might
be considered at first, she became foreign at last by a declaration of
independence, and a treaty with France; and that her case being, by that
treaty, put within the law of nations, was out of the law of Parliament,
who might have maintained, that as their claim over America had never
been surrendered, so neither could it be taken away. The crown might
have insisted, that though the claim of Parliament could not be taken
away, yet, being an inferior, it might be superseded; and that, whether
the claim was withdrawn from the object, or the object taken from the
claim, the same separation ensued; and that America being subdued after
a treaty with France, was to all intents and purposes a regal conquest,
and of course the sole property of the king. The Parliament, as the
legal delegates of the people, might have contended against the term
"inferior," and rested the case upon the antiquity of power, and this
would have brought on a set of very interesting and rational questions.

1st, What is the original fountain of power and honor in any country?