chap, ii.] WEST INDIES. 205 
in council, in the nature of a writ of error, from 
every decree that he makes; and the like liberty of 
appeal is allowed from the judgment or sentence of 
the governor in council, sitting as a court of error.* 
The reason assigned in law authorities for allowing 
such appeals is this:—That without them, the 
rules and practice of law in the colonies might, by 
degrees, insensibly deviate from those of the mo¬ 
ther country, to the diminution of her superiority.f 
Again: the king, as supreme head of the em¬ 
pire, has the sole prerogative of making peace and 
war, treaties, leagues, and alliances with foreign 
states; and the colonists are as fully bound by, and 
subject to, the consequences thereof, as the inha¬ 
bitants within the realm. So far is readily admit¬ 
ted; but another claim of the crown, supposed to 
result from the prerogative last mentioned,—I 
mean, that of regulating all the colonial military 
establishments both by sea and land, quartering 
troops in such towns and places in the plantations 
as the king sees best, augmenting them at plea- 
* It is necessary, however, in either court, First, That in cases of 
property the matter in dispute should be to the value of £.500 sterling, 
to be ascertained by affidavit. Secondly, That the appeal be made 
within fourteen days after judgment in the court of error, and within 
one month after the determination of the court of chancery, by giving 
security for the prosecution of it; and it is requited by the lords of 
appeal in England, that the party appealing must proceed within 
twelve months after the appeal is allowed in the plantations, or the ap¬ 
peal is dismissed of course. A cause cannot be transmitted for diffi¬ 
culty, but must be determined one way or other. 
f Vaughan’s Reports 401. Show'. P3rl. C. 33. 
