Home / Scharf, J. Thomas, ed. History of Westchester County, New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I. Philadelphia: L.E. Preston & Co., 1886. / Passage

History of Westchester County, New York, Vol. I

Scharf, J. Thomas, ed. History of Westchester County, New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I. Philadelphia: L.E. Preston & Co., 1886. 330 words

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. King CJharles 2d changed the form of their Constitution and ])olitical government, by granting it to the duke of York, to hold of his crown under all the regulations contained in the letters patent." " It is not to be wondered at," continues the Great Chief Justice of Elngland, "that an adjudged case in point lias not been produced. No (piestion was ever started before but that the King has a right to a legislative authority over a conquered country ; it was never denied in Westminster Hall ; it was never questioned in parliament."® This decision was made in the Court of King's Bench in 1774 -- a century after the practical a}>i)lication of, and action under, its principle, by Charles the Second, and .lames the Second, and William & Mary in their Province of New York, to say nothing of Queen Anne and her successors. There can therefore be no question as to the law itself, or the legality of the power by which the Sovereigns of England, by their " Commissions" and "Instructions" to their (rovernors, established the Church of England in their American Pi ovince of New York.