Let us hear what the learned Grotius afferts with regard to rights of conquefts: The foil, and whatfoever is fixed thereon, are not usually taken but by fome public acts; as by the introducing an army, by placing of garrifons, &c. "and therefore, as Pomponius faith, lands "taken from an enemy fall to the state;" and father on he quotes Salomo, who fays, "That prifoners and fome" other moveables fhould be given as a prey to the foldiers;" Grotius obferving thereon that "this is not without fome reason," but he declares that "the lands fhould altogether belong to the prince (if an abfo"Jure one) or (otherwife) to the empire "that defrays the charge of the war." From thefe quotations, and many others in the fame book, the doctrine inculcated is clearly this, that all conquefts, of right, belong to the fate or power, who defrays the charges of the war; and is, indeed, fo clear a point, in equity and reafon, that it were madnels almost to difpute it! For, what can be more reasonable or juft, than that be, or thefe, by whom the means are furnished to obtain the conquests, fhould enjoy the fruits of their expence ? Let us apply this doctrine to the prefent cafe. A king of England, it is true, by his royal prerogative, has a power of declaring war and making peace; but whence are to flow the fupplies for carrying on the war? who are to defray the charges? The people must bear the burthen; and their reprefentatives in parliament have the fole power of granting thefe fupplics," of appointing the manner in which they fhall be railed and the purpofe to which they shall be applied;" hence it muft follow, that foreign acquifitions thus become the property of the British fiate; and if the conquered people are not indulged in a legiflative power of their own, the houfe of commons here,

have as fubftantial and as natural a right to impofing of taxes there, as they have in Great Britain.

Suppofe we take one step farther, and confider on what reafon our ancestors at the revolution guarded against this dangerous power in the crown, of raising money by prerogative? The reafon is obvi ous on the first reflection. If the chief magistrate can command the purfes of his fubjects, at his own will, he may then difpofe at pleature of their perions, privileges and effects; and when he can raife money in this manner, he will not be accountable to any branch of the itate, for the purpofes he may apply it to. Thus a limited monarch might become defpotic, and a free people be reduced to a let of flaves!

Why then should a conquered dominion be confidered differently from any other of the British don.inions, if the fame pernicious confequences muft flow there (as certainly they would) from fuch an exertion of prerogative? Befides, it is not to be palled unobserved, that this despotifim, by being allowed to be eitablithed in dominions annexed to the crown, might, by flow and imperceptible degrees, be introduced, by an artful and daring administration, into Great Britain alfo! But fupposing that such a flagrant measure might be never attempted, yet the danger, though remote, may be dieaded in another thape, and from another quarter. In future imes, the fovereign magiftrate, by fucceffive conqueits and by the exertion of this prerogative in the conquered countries, might acquire to himself fuch treasures and forces, as might enable him to fet at defiance the legislative authority here; and then Britij liberty must fall, as a juft facrifice to the neglect the paid to the freedom of thofe countries conquer ed at the expence of the British state.

I have thus endeavoured to demonftrate, firft, that a conquered territory should naturally and reasonably be fubject to the laws, and enjoy the privileges, of that government that fubdues it; confequently, that a measure deemed illegal in the mother country, must be equally to there: Secondly, that fuch a territory belongs of right, to the state which defrayed the charges of the war: and laftly, (which refults from the two former politions) that a conquered country cannot be confidered differently from the other domini

ons

ons of a free state, if the people would preferve their freedom; because those fetiers they would fuffer prerogative to forge in the conquered countries, may, fconer or later, fhackle themselves.

But methinks I hear our minifterial lawyer declaiming, "That it is the right, "or prerogative, of the king, to levy "taxes, and exercise all power, in a con"quered territory until a civil government "in established." I fhould be glad to know what great civilian has lain down this maxim, and whether it is not qualified according to the circumftances and fituation of events? However, there is no great neceffity of arguing much upon the point, as in my humble opinion, it will not avail in the prefent difpute. One would really imagine that thefe gentlemen of the law, from being generally accuftomed to perplexity and ambiguity, cannot, even in the cause of truth, steer clear of those powerful pillars of their profeffion! elfe, furely, they might diftinguish a difference between peace and war. They might difcern, that a measure juftified alone by war, cannot be fupported, in a free government, in peace; and this formidable maxim, which they hollow in our ears, is just fuch a meature; and therefore, it no ways decides on the prefent question: unless, indeed, thele gentlemen will undertake to prove that we are fill at war. The king, or fupream magiftrate of any itate, nay, even a general of an army dependant on the chief magiftrate, may, it is true, levy money and exercile other acts of arbitrary power in a conquered state, the war fill exifting: for this plain and fimple reafon, because the civil and conftitutional power cannot immediately fuperintend and provide for the government of a country at a dittance from the feat of empire. Therefore the fupreme magiftrate, or general in fome cales, will, at his own difcretion, lay taxes or levy money for the fecurity and defence of the fubdued fitate; of the manner of which impofition, and of the mode of levying money, he may be the ablett judge, from being on the fpot; or, (in the latter cafe) by having the neceffary lights tranfmitted to him from his fuperiors at home. There is, in this point, yet another reason why the legislature should not interfere; namely, the uncertainty of our fituation at the expiration of the war. The conquell made one

month, might be loft in the next; and, perhaps, every acquifition might vanish before the dawn of peace approached; therefore a civil inftitution, under this uncertain contingency, would be improper; becaufe, in a small period of time, it might prove nugatory and vain: Hence, it indifputably appears, that this prerogative of the crown, ought not, confitent with reafon, or the conftitution of a free ftate, to erect its formidable head, but in time of war, and then only, because the emergency of the cafe requires it.

According, then, to this conftruction (and I flatter myself it is not an unfair one) on what reafoning can the illegal meafure in queftion be defended in islands, annexed to the British empire, at the latter end of the year 1762? finely thete gentlemen have forgot, that it is above two years fince these islands were ceded to us by the definitive treaty; confequently, civil government doth exift, or should have exifted, there, long before this period. If it doth exift, then, on their own principles, prerogative should ceafe; (or rather not have commenced :) and if civil government is not yet eitablithed, I fhould be pleafed to know when it will be? and likewife to be formed how it happened that this prerogative. (which according to their notions muit precede civil fway) did not falk forth on the ceffion of thefe iflands? This ftep would have been fomewhat more confiitent; and, perhaps, by this time, a foundation might have been laid for civil rule.

With respect to Tobago, Mr. North Briton, when it was conquered I am as ignorant of, as your correfpondent Hampden fays he is; but I well remember, that an officer, of fome eminence, who ferved all the laft war in America, affured me, there never was a French or English foldier on the ifland, during that whole time. Beides, by the 9th article of the definitive treaty, it appears to be one of the partition, or neutral iflands, which, by agreement, wore divided between the contracting powers. The terms are, "That it fhall remain in full rights "to the king of Great Britain;" which word "remain," clearly implies, (as the fact really is) that as the faid ifland was onginally a domain of the Britifa clown,

it fhall remain (as formerly it was) in full right, &c. &c.

Before I conclude, permit me, fir, to deprecate the good opinion of my fellow fubjects, in oppofition to the poisonous frander of any court tool, or felf-interefted minion, who may impute to me the crime of difaffection; against the guilt of which this maxim is my fhield: That the trueft friend to a prince, is he who dares ajure him, that the interefts, the honour, and the glory of his crown, are beft promoted, when his power is employed in protecting the civil rights and liberties of bis fubjecis, foreign or domeftic.

[In pursuance of a refolution of the Commons, of Jan. 11. the fecond day of the prefent feffions, an addrefs was prefented to the King, for an account of luch proceedings as had been had fince the 26th of March 1764, in purfuance of to much of the act 12° Geo. I as impowered the treatury-board to treat with the proprietors of the Isle of Man, for the abfolate purchafe or fale, releate or furrender, of the faid ifle to the crown: and leveral papers relating to that matter havmg been laid before the houfe, leave was given, on the 17th, to bring in a bill for more effectually preventing the michiefs anting to the revenue and commerce of G. Britain and Ireland, from the illicit 2nd clandeftine trade to and from the Ile of Man. On the 21t the bill was prefented by M. Chancellor of the Exchequer, reed & frit time, and ordered to be read a ter ond time on the 19th of Februay. Ma white copies of this Cafe were ditributed; and a petition of the Duke and Dutchels of Athol was prefented to the houte Feb. 13. ctung forth the grants

The patronage of the bishoprick of Sodor proves it to have been an ancient kingdom; and it has always been governed by its own prince, legislature, laws, and cuftoms.

The first grant of this Ifle to the Noble family under whom their Graces claim by lineal descent, was to Sir John Stanley and his heirs, in the 7th year of K. Henry IV.

In order to determine fome family-difputes which had arifen, and been made an end of for a pecuniary confideration paid by William Earl of Derby, K. James I. in the 7th year of his reign, re-granted the Ifle to the faid Earl

And in the fame year an act of parlisment palled, intitled, An act for the auring and establishing the Isle of Man; by for ever thereafter be held and enjoyed by which it was enacted, That the Ifle should the Earl, and the Counters his wife, and their two fons, Jaines Lord Stanley, and Robert Stanley, in tail-male, and the heirs-male of the body of the Earl; and, in default of fuch iffue, by the right heirs

of

of this ifle to their Graces ancestors, by K. Henry IV. and K. James I. to be crown ever,

by homage-liege, and the delivery of two falcons twice only, viz. immediately after the homage made, and afterwards to the kings of England on their coronation-day, in lieu of all other customs, fervices, and demands; and that, upon the prefent King's coronation, the two falcons were delivered to his Majefty, by James Duke of Atholl, the Dutchefs's father; praying to be heard by their counsel against the bill. Which was granted. At the fecond reading, Feb. 19. firit one counfel, and then another, were heard against the bill; and it was committed for the 28th. The houfe, in a committe, Feb. 28. made several amendments; and it was ordered, that the report thould be received that day fe'ennight, and that the committee thould fit again upon the bill that day. Then it was refolved, that the houfe fhould go into a committee on the Monday following, to confider what rights of the proprietor of the Ile of Man, under the feveral grants of the faid Illand, it might be expedient to veft in the crown, for preventing the abovementioned illicit trade, and what compenfation it might be proper to make to the proprietor.]

of James Lord Stanley, quietly, freely, and clearly, against his Majefty, his heirs and fucceffors, under the tenures, rents, and fervices referved, and against the feveral other perfons named in the act, the co heireffes of Ferdinando Earl of Derby;with a restraint of alienation upon the feveral perfons appointed to take under the a&t.

The grant, as defcribed both in the letters-patent and act of parliament, is made in the most general and comprehenfive terms. It is,—

The Ifle, Castle, Peele, and Lordship of Man, with the appurtenances.

And all Ilands, Lordships, Caftles, c. thereto belonging; The patronage of the Bishoprick-All Forefts, Parks, &c,

Fisheries, Fishing-places, Royalties, Regalities, Franchiles, Sea-ports, and all things to ports duly appertaining, Lands then or theretofore overflown with the fea and then gained from the fea, or which should be thereafter gained from the fea, lying or being in or near to the faid Ifle of Man, Fines, Amerciaments, Anchorage, Groundage, Wrecks of the fea, Efcheats, Forfeitures.

Courts-Admiral, Courts Porte Morte, &c and all Forfeitures, Penalties, Cafualties, and Advantages whatever incident to the faid courts ;-Tolls, Customs, Free Cuftoms, Imports, Profits, Emoluments, and Hereditaments whatfoever, being or happening in or within the faid Ifle, Caftle, Peele, and Lordship, or within the fea to the faid Island adjacent or belonging, or in or within any other islands, lordships, or lands belonging, or in, to, or out of the fame, or any of them, how foever incident or belonging, or part or parcel of the fame, at any time thereto fore had, known, reputed, occupied, or enjoyed; and the reverfion of all the premiffes, and the rents, duties, cuftoms, and fervices thereto incident or apper taining; and all Liberties, Franchises, Privileges, Jurifdictions, Forfeitures, Depredaries, Immunities, &c.

And the general faving clause exprefly bars all right of the crown.

The Ifland hath been always governed by its own laws and customs; and when Royal Commiffions have heretofore illued (for the King's writ runneth not in the Ile) for redress of injuries, the juftices

affigned were to proceed fecundum legem et confuetudinem partium illarum.

The government is compofed of three ftates.-ft, the Lord, who (though the title hath been long fince waved) hath ever retained the rights of the ancient Kings, in affenting or diffenting to the laws propofed, and by exercifing an appellate jurif diction.-2d, The Governor and Council. And 3d, The Keys, who are the reprefentatives of the commons.—Their triple concurrence makes the law.

The laws of the Island have established a book of rates payable to the Loid for various enumerated commodities. --All other goods pay a duty of two and a half per cent. only ad valorem upon importations.

Al the courts are held in the name of the magistrates; and officers are fwoin to the Lord; and it is of their jurifdiétion to take cognifance of every thing arifing within the limits of the grant; and the courts of judicature in the neighbouring kingdoms have frequently, upon application, refused to intermeddie, from a want of jurifdiction.

Courts admiral and port morte are conftantly held, and proceffes executed under the authority of the Lord only; and the jurifdiction of the judges extends from the full fea-mark on the shore, to the bounds of the Lord's jurifdiction in the seas adjacent to the Ile-Frequent feizures have been made upon the coast for importations without paying the Lord's duty, refhipping goods from one veffel to another, and the like offences, and the forfeitures are appropriated to the Lord's benefit.— All royal fish, wrecks of the sea, and the like, are his by prerogative.-And in the feafon for the herring-fifhery, his courts of admiralty appoint their admiral and vice-admiral, who hoift their flags, and make and fupport their regulations under proper penalties, which fall to the Lord upon every misbehaviour.

In general, every act of dominion and ownership granted by the letters-patent and act of parliament, hath been constantly exercifed by the Lord and his officers, not only in the fea-ports, but in the feas adjacent.

An act was paffed [12° Geo. I. 1725, ch. 28.] for the improvement of his Majefty's revenues, cuftoms, excife, and inland duties; by which a general prohibi