6o HISTORY OF THE [book in. 
From this recital, it is I think evident, that the 
noble and learned judge mistook the gist of the 
question: or rather confounded together two things 
which are totally distinct and repugnant in then 
nature ; for he appears to have considered the pre¬ 
rogative in the king, of extending to his newly ac¬ 
quired subjects the benefits of the English consti¬ 
tution, as equivalent to the right of ruling them by 
whatever constitution or system of government he 
pleases; or, by none at all. 
It would seem then, that if the cases which have 
been adduced prove any thing, they prove that the 
crown neither has prescribed, nor could prescribe, 
any form of government incompatible with the 
principles of the British constitution, to any colony 
or territory whatever, whether acquired by con¬ 
quest or settlement;—and good authorities are not 
wanting in support of this doctrine. “ The king 
of Great Britain (says an excellent writer*) although 
at the head of a free state, may, in his own right 
hold other states, under a form of government 
that is not free j as he does, for instance, the states 
of the electorate of Hanover. He may too, even 
as king of Great Britain, by virtue of his preroga¬ 
tive, and as generalissimo of the empire, hold a 
conquered state (for the time being) under a form 
of government that is not free; that is, under mi¬ 
litary Jaw: but in the instant that such conquered 
state is, by treaty of peace, or otherwise, ceded 
