" In such political capacity as King he is possessed of a share of legislation, is the head of the Church, generalissimo throughout his dominions, and is alone entitled to make war and peace.' But in countries which, though dependent on the British Crown, have different local laws, as for instance the Colonies the minor ))rerogatives and interests of the Crown must be regulated and governed by the peculiar law of the place. But if such law be silent on the subject," or if the place has become by conquest or cession a Colony or Province of the Crown, having never before been possessed by the English nation, "it would appear that the prerogative of the King in his political capacity as chief of the State, as established by English

1 This is expressed by tlie well-known legal axiom " The King can do no wrong."

2 This is expressed by that other well-known axiom "The King is dead, long live the King." 3 Chalmers' Opinions, LOO.

law, prevails in every respect."* "When a country is obtained by conquest or treaty the King possesses an exclusive prerogative power over it, and may entirely change or new-model, the whole, or part, of its laws, and form of government, and may govern it in all respects by regulations framed by himself, subject only to the Articles or Treaty on which the country is surrendered or ceded, which are always sacred and inviolable according to their true intent and meaning.'' Lord Mansfield thus most fully and succinctly lays down tlie law on this subject, citing New York as an example. " A country coiKpiered by the British arms becomes a dominion of the King in right of his crown. . . . After the con- (juest of New York, in which most of the old Dutch inhabitants remained.