doctrine was passive obedience and non resistance! The Parliament of England then possessed the power of legislating for themselves, limited to their own territory; but when their sovereign acquired dominion over other countries, and their commerce extended beyond the seas, it became necessary for them to extend their legislation also, in order to protect the rights of property in those individuals who embarked in it, and to regulate the same. As a matter of course, the King's Norman possessions were included in that legislation, especially as they were peopled chiefly by pirates, and situated so near to the seat of Government. Acts were occasionally passed which affected the Islands, and when he became a party to them, by giving them his assent, they were understood as having force of law, or at all events in a legal sense, though perhaps not in a physical one, considering the lawless character of the then inhabitants. It is true, the Islands were his private property, and that he still held absolute dominion over them. Hence, he might have resisted any interference; but, considering no doubt, that on taking to the Crown of England, his minor interests had merged into the greater, and that the exercise of a sovereign power as Duke of Normandy was incompatible with that of King of England, as well as with the relations which ought to subsist between one part of the empire and another-he tacitly surrendered his exclusive power of legislating for the Islands, in such cases, and thus the English Parliament acquired a right concurrent with him which they have ever since maintained.

That right did not originate like that of legislating for the colonies and other possessions, by occupancy, by conquest, or by treaty; but by an implied cession from the absolute Prince to the Parliament; and in which the Islanders had no voice, because they were but little better than his slaves. That right is also founded on justice, for the protection which England has always rendered to the Islands, though rarely used, as in truth it ought, but nevertheless it has been exercised both often and long enough, to give a prescriptive title, for it dates back to the time of Henry the 7th down to the present period. It has been exercised only on such occasions as the nature of the case required it, and then the Islands have been specially named or included under general terms, to show that they were incorporated in, and bound by

such acts as were passed for their government. The King, in giving his assent to them in his public capacity, bound himself in his private one, and as a necessary consequence his vassals also; for his acts as King, were paramount to those as Duke, hence in issuing his fiat in the former character, he must necessarily be taken to have consented in the latter, and thus exercising the regal and ducal authority by one instrument, the Norman Isles become subject to the occasional legislation of the Parliament of England.

Acts of Parliament thus passed, were understood as having force of law, as long as the King did not resist them; but as the Monarchs of England, were sometimes prone to put themselves above the law, and by issuing proclamations and edicts, contrary to it, to supersede and abolish it altogether—thus, as in former times, making their will the law,-the people of England had no sooner acquired the power of making laws, than they directed their attention how to retain it; so as to put a stopper to those outbursts of absolutism. They therefore wrested from the King another concession, which was at length declared and ratified, to wit; "that the pretended power of suspending and dispensing with laws or the execution of laws, by regal authority, without the consent of Parliament is illegal." Thus the Parliament at the settlement of the Constitution, acquired the right of Sovereignty, and every Monarch who has since ascended the throne has taken the crown with great limitations. Hence, says Blackstone"An act of Parliament made is the exercise of the highest authority that this kingdom acknowledges upon earth. It hath power to bind, every subject in the land, and the dominions thereunto belonging, nay, the King himself if particularly named therein. And it cannot be altered, amended, dispensed with, suspended or repealed, but in the same forms, and by the same authority of Parliament: for it is a maxim in law that it requires the same strength to dissolve as to create an obligation." This is the reason why Orders in Council transmitted to the Islands so often have this singular provision; "as far as the same are consistent with the constitution, and the provisions of any Act of Parliament which relates to them."

The sovereign power then is vested in the Parliament of England, of King, Lords and Commons, in their collective

66

capacity; consequently the legislative jurisdiction of the Monarch, in his single capacity, is limited to such cases as where Parliament leaves a void by non-legislation; and in this respect, the Islands now stand upon the same footing as the Colonies and other Possessions abroad do-all of which are subject to the general superintendance of the Imperial legislature, as well as to the particular direction of the Crown: the latter being always passive to the former. It has however been maintained that the Islands of Jersey and Guernsey, having been originally part and parcel of the ancient duchy of Normandy, are properly known as a ресиliar," but this notion has long since been exploded. Lord Coke in his fourth institute, says " Both these Islands' (meaning Jersey and Guernsey) did, of ancient time, belong to the Duchy of Normandy; but when King Henry I had overthrown his eldest brother, Robert Duke of Normandy, he did unite to the Kingdom of England, perpetually, the Duchy of Normandy, together with these Isles; albeit, King John lost the possession of Normandy, and King Henry III. took money for it, yet the inhabitants of these Isles with great constancy remained, and to this day do remain, true and faithful to the Crown of England; and the possession of these Islands, being parcel of the Duchy of Normandy, are a good sezin to the King of England of the whole Duchy !! To this we may add the fact, that the act of Parliament, called the act of settlement, comprehended the Islands with the rest of the British dominions and made them subject to the law of succession which regulated the Crown of England. Being then united to the Crown, they became dependent on the Crown, just as much as Scotland and Ireland, and not on the person of the Sovereign, for they are no longer his private property. It therefore follows that like all other dependencies they are subject to Parliamentary legislation. Dependencies are known in the Statute Book under two names; colonies and possessions. Jersey and Guernsey are not colonies but "British possessions abroad," and where they are not specially named, they are included under that designation. There is this difference as regards the general run of laws to distant countries: the common law of England runs to the Colonies only, but the Statute law, or rather such acts as have been passed for the purpose, runs not only

to the Colonies, but to all other possessions of the Crown. They are the mandates of the Sovereign authority, and whilst the ties of relationship subsist between its dependent countries and itself they are bound by the same.

In England, the most liberal nation in Europe as to Colonial government, all public men maintain the supreme legislative authority of the Parliament over the Colonies, not only in regard to commerce but other matters; and it is notorious that this authority is exercised every year; that, when a Colony or other possession is named in an Act of Parliament, it is bound to obey it. Every colony and dependency in its infancy, required the aid of the Parent State, and, having been planted or protected by her, and having grown under that protection; it is natural that it should be governed for their mutual advantage.

The opinion that Colonies and other possessions are bound to obey those laws only to which they have consented, is wholly untenable; since the British Parliament has constantly_maintained a supreme legislative authority over them. Doctor Franklin, whose memory is so justly revered, as well in Europe as in America, for his attachment to public liberty, and for the firmness with which he maintained the rights of the Colonies, when interrogated before the House of Commons, respecting the right of Parliament in that particular, admitted the right. The Parliament, instead of renouncing altogether the right of legislating for the Colonies, has, by the Act of 1778, only made an exception to that right, with regard to internal taxation.

But let us refer to cases within our own recollection. The dispute between the House of Assembly of Jamaica, and the executive government, upon the power and jurisdiction of Parliament, to pass Laws, to bind the inhabitants of that Island, and the Governor's magnanimous and powerful vindication of the supremacy of the Imperial Legislature ought never to be forgotten. The words of Lord Mulgrave were: For all your established privileges, I shall entertain the most inviolable respect. But as the representative here of your Sovereign, and of mine, I cannot listen to the declaration of any such doubt (that Parliament had the right to legislate for the Colonies) addressed to me, without asserting in the most unequivocal terms, the transcendent power of the

to conform thereto, which, it was contended, might be in direct violation of their oaths of office, by which they are sworn to maintain the constitutions of the Isle justly, and preserve and keep, with all their power, the laws, liberties, customs and ancient usages, of right accustomed in the Island. The first two queries, are readily solved: an Act of Parliament cannot pass without the consent of the three estates, King, Lords, and Commons; it is, therefore, as far as these Islands are named and concerned, the Act of the King, as Duke of Normandy, as well as of the Council themselves, and no discretionary power of afterwards invalidating their own Act can exist and as to the latter question, it is almost too indelicate to require a comment. The prerogative of the King and Council over these Islands must either be acknowledged, or denied-if it is acknowledged, the Royal Court are bound to obey; if denied, the right of legislation is nominal only in the King and Council, and requires the fiat of the Royal Court to stamp it with validity.

"The accompanying Order of Council so much contended for, as absolutely necessary before an Act of Parliament can be acknowledged, registered, and have the force of law here, is not, as would be inferred, a second solemn decision of his Majesty in Council, after the passing of the Act, in order to render it effective in the Islands, but the more regular way than had been adopted of transmitting them; as appears by an Order of Council dated 1st July, 1731, wherein it is, amongst other things, ordered by His Majesty, That, for the future, whenever an Act shall be passed in the Parliament of Great Britain relating to the Islands of Jersey and Guernsey, printed copies of the said Acts shall be transmitted by the Clerk of His Majesty's Privy Council, as soon as conveniently may be, to the Royal Courts of the said Islands, signifying his Majesty's pleasure to register and publish the said Acts and to cause the same to be carried into due attention.

"The words of this Order in Council, can no way be construed to prove it indispensably necessary that such acts should be first registered to give them the effect of law, it is a positive mandate to register, publish and carry them into execution; and whether registered or not, they are of equal force, as appears by a prior Order of Council, of the 8th