chap. II.] WEST INDIES. 
POSTCRXPT 
TO THE HISTORY OF GRENADA . 
The first edition of this work having fallen into the hands 
of a gentleman of distinguished abilities and learning, 
done of his majesty's serjeants at lawJ, he was pleased, 
at the author's request, to communicate his thoughts m 
writing on the doctrine maintained by lord Mansfield, 
concerning the legal authority of the crown over con¬ 
quered countries, as stated in page 54 - of this volume, 
which I have great pleasure in presenting to the reader 
in the precise words in which they were given: 
T HE ground upon which the court rested their judg¬ 
ment in the case of Grenada, was clearly sufficient to 
warrant that judgment, even admitting the doctrine laid 
down bv lord Mansfield on the other point to.be well found¬ 
ed; but nothing can be more unfounded than that doctrine: 
—every proposition upon which it is made to rest is a falla¬ 
cy. I deny that the king (at least since the constitution has 
had its present form) can “ arbitrarily grant or refuse a 
capitulation.” The power of granting or refusing a capitu¬ 
lation, in the case of a siege or invasion, is certainly vest- 
Wol. II. l 
