STATUTES, TREATIES AND DOCUMENTS OF THE CANADIAN CONSTITUTION 1718-1929 EDITED BY W. P. M. KENNEDY MA, LarD,, Truserr Contras, Doss ‘YRONESSOE OF LAW IN THE UNIVERSI2Y OF ZOROTO Aare SOLA SECOND EDITION REVISED AND ENLARGED OXFORD UNIVERSITY PRESS 128-132 UNIVERSITY AVENUE, TORONTO LONDON EDINBURGH GLASGOW NEW YORK MELBOURNE CAPETOWN BOMBAY 19308] CONSTITUTIONAL DOCUNENTS OF CANADA cy XxvIL LORD MANSFIELD'S JUDGEMENT IN CAMPBELL {vane Short and Doughty. ‘The ese of the Kslond of Grenadn; in relation to the payment of four and uchalf in the hired ot goods pported. Ursin belveen” Alster FEmpben, Esq, Pint, and Wen, Hall, Esq Defendant, in the Cau of ‘King's-Benels, before Lord Chief-Justive Mansfield: 18 George 11, A.D. 1774. November 2. The mann demon até Cot as sy ven by Lard Mone, ‘hie te an action Drought Py the lait, Alexandon Campbel, who is vaitrsicnomn abject of Great tain ond who upon the third at Sas, 1703, yrehaved Inns in the and of Grenada; and is brought against. the defeodant Witham Halt, who was colelor for Hs Majesty at te time of levy the ne posts and of Uheatlon brought, ofa dy af four anda half percent spon goods exported from the island of Grenada. ‘The action is lo recover a sum of. rey: ‘ic vas lov hy the defondan ad pot by the faim a forth duly i onda ait fer ces upon sig, whi way purl fr nd tit Granada, trom fe esta andy’ the eonslzament ofthe pat ‘The aot le an selon for money fad and oer; ang Hie Browz upon this ground, namely, that the money was paid to the defendant without con- “oration, the duly for whieh Ne rseived H 308 having been Hp by ood ‘or sofleeat authority to warren the sane Andit is satan tho special vero iat the money i not paid over, Dut continues in'the defendant's hands, by consent of the Atlorncy-General, “for Tis ‘Majesty, in order that the question may be tried. “the speci verde state Gren ta ave bee conguered by the British are from tne Frensh Teng in 1962; thatthe and was eeded by eapituiaUn and ‘hal, the capitulation upon which it surrendered was by refercnce Le the eapitula- {fon pon which the land of Maninea haf bean sotenfeed. in the 7 of Parag, 1782 “The cial verdict then stats some anites ofthat eapitulation, particularly the iy heh gant that Grenadin should ont toe governcd by Hs ox Lae il Ws Majestss plesore be hnown, Hest stata fhe sath ail, whee, to demand of Ue intabitants of Grenada reqising that thoy, ag iso he rel seus onder of bth sexes, shoul be maintalned in the property ot thet elects, Toveaie mad humoveahie, of what nature soover, wkd tink they shouldbe preserva inthis privilege, vg, enous, and exemptions, aswe> that Lhe inhabitants, being subjects of Great Britain, will enjoy their properties and the some privileges os inte ther ls Majesty's Leeward talon ‘then it states anaier article of the eapiulation, namely, the 7Ub ati, Dy ‘tie Wey demend tat they sha pay do ofber duties tn what. they before Jail the French King; thatthe capitation tax stole the same, anid thatthe Expetues of i uti of justice, ad uf tho admission of guverament should be pai out ofthe King’s domino in armor to wih they ave etrrea fo the fanieer T havo stata sv given in Une forgoing unile; that fs, being subjects thoy wit be entitled in ike manner 80 the athe His Majesty's subjects i the tis Leeward island “The nex thing stato in the special venteL isthe treaty of peace signed on the tou of eomury, 1762; and states the por of the tenty of peace by which {Be bland of Grenada is add, an other antles wen are not materia “rhe nest mate istrumént wien shey state fe 9 procanalion unde the Goat See, bearing date the 7th of Ocleber, 176, eriting ths "whee wil greatly contibat tothe sang of os sald lands of “sGemnada is one, thst Uy be informed af our loved paternal ente forthe “vberies and rights of those who are, or shall be fababilanis there; we hove “thought fit to publish and declare by this our proclamation, that we have by “our Tetlers patent under our Great Seal of Great Britain, whereby our said "Died en i ol cin svi eye on ee: spp ege ngayon ie cs cept a een HALL, 1774"0 CONSTITUSIONAL DOCUMENTS OP CANADA tas. “Governments are eonsLiluled, given express pawar and direction ta our gover “-norsof vr suid eolonies respectively, Ut so soon as the state and circumstaaees “oF the said colonies wil admit Thereof, they shail, with tha advice and consent “of our suid council, eall and summon general assemblies, im soeh manner and “form as is used tn the other eclonies under ou immectinte government. And we “have aiso given power to the said governors, with Ine avice and consent Of oUF ssid eouneit and assembly of representatives as aforesaid, Lo make, constitute, “and ordain laws, statutes, and ordinances for the public peace, welfare and good “governnsen| of our said eolonies and ths inhabitants thereof, 26 near as may he Sgreeablet the Jove of England, al under suck gulls and resections “Qsare used in our other colonies. “Tien felluw letters patent under the Creal Seal, or rather 2 proclamation of the 26th of March, 1764, vebereby tke King recites, tbat he had ordered a suovey ‘andl division of the ceded islands, as an invitation to all purchasers to come and purctnse upon certain (eims and conditions specified in that proclamation. “The next insieament staied sn the verdict is te Tethers patent bearing date Lhe Sun of Ape, 176d. In thase letters there is a commission appointing, General Melville Governor of the island of Grenada, with power Lo surimon at asserably as soon as tbesilualion and eizcumstances of the island would admit and to make Jaws i alf Ue usual fovsns with reference to the manner of the otter assemblies of the King’s Provinces in Amncrica. “The Govergor arrived in Gretada on the 1th of December, 17645 before the ‘end of 170, Ihe particular day nol stated, an wsscmbly actually mel but before the arsival'of Wty Governor at Grenada, indeed, before his Commission, and hore Nix depuarbure from London, there i another Instruntent upon the valicity ‘at which the swhale question turns, which instrament eontains lotiers patent under Use Grit Seal, bearing date ths 20th of July, 1764, and reciting that in TBasbadoes, an iy all the Beis Leeward islands, a daly of four and a ball per cent. was paid upon goods exported; and seciting trther “Whereas it'is resonable and expouient, and of importaaco to our other ugar islands, Uat th like duties should take place in our sold jstand of “Grenada; we rave thought fll, and our royal will and pleasure is, and we do “herchy, by virLop of our provogative Royal, order, direct, and appoint that an “inpest ut eastoms of four onl hast per cent, in specie, shall, rom and afler “the 294 day of Soplember next ensuing the date Of Usese presents be raiced ‘and paid Lo us our lieirs and suecessors, for end upon ali dead eorumodities of ‘lke growth or produee of our seid islund of Grenatia that shail be shipped off ‘trom the some, n lew of all customs ond impost duties hitherto collected upon ‘goods imported and exportod into and aut of the said isiand, under the authority “OF his Most Christion Mojosly, and that the same shall be collected, &."; “The jury find thot in fact such duty of four and a half per expt. is paid to his Mujesty tall the British Leeward ilands, And they lind several Acls of Assembly ‘which are relative lo the several islands, and which Lelia not tate, a3 thoy are Publi, ant every genilemu may huave aecess to thom. ‘Teo Tetlers patent of the 20th of July, 1764, with whal I stated in the pening, sre all that is material in this special ve ‘Upor the whole of the ease this general qudslion axisos, being Use substance of what is submitted ta the Conrt-by the verdict: "Whoiher these letters patent of the 20th of uly, 1764, sre guod ana valid to abrogate the French duties, and inlicu thercet(o smpose this Guty of four and a hail percent, which is paid by «lL the Leeward islands subject to bis Majesty. ‘That the letters are void has been contended st tbe bar, upon two points; (2) Thot although they had been made before the Proclamation of the 7th of October, 1763, tho King hy his prorogative could not have imposed them; and @) iat, although the King bad suliient outhority before the 72h of Getober, 1763, ho ad divestoo hime of Ural authoutty by tie Proclamation of that date. ‘A ercat deal has boon said, aud authorities have been cited relative to proposi- tions in which both sides exactly aur or which are Loo elear to be denied. ‘The ‘tating of Lnese wil Tea us to tha soutien of the fs point, Twill state the propositions et lane: 1A country eenquered by the British arms becames a dominion of the King in the right of his erowa, and therefore necessarily subjeat to Ue legislative power of Uie Pasfiament of Great Britain, 2.The conquesed Intiabjtants once rexeived into the conquerors proteetion