The crown
would have said that it conquered for itself, and that to conquer
for Parliament was an unknown case. The Parliament might have replied,
that America not being a foreign country, but a country in
rebellion, could not be said to be conquered, but reduced; and thus
continued their claim by disowning the term. The crown might have
rejoined, that however America might be considered at first, she
became foreign at last by a declaration of independence, and a
treaty with France; and that her case being, by that treaty, put
within the law of nations, was out of the law of Parliament, who might
have maintained, that as their claim over America had never been
surrendered, so neither could it be taken away. The crown might have
insisted, that though the claim of Parliament could not be taken away,
yet, being an inferior, it might be superseded; and that, whether
the claim was withdrawn from the object, or the object taken from
the claim, the same separation ensued; and that America being
subdued after a treaty with France, was to all intents and purposes
a regal conquest, and of course the sole property of the king. The
Parliament, as the legal delegates of the people, might have contended
against the term "inferior," and rested the case upon the antiquity of
power, and this would have brought on a set of very interesting and
rational questions.
1st, What is the original fountain of power and honor in any
country?
2d, Whether the prerogative does not belong to the people?
3d, Whether there is any such thing as the English constitution?
4th, Of what use is the crown to the people?
5th, Whether he who invented a crown was not an enemy to mankind?
6th, Whether it is not a shame for a man to spend a million a year
and do no good for it, and whether the money might not be better
applied?
7th, Whether such a man is not better dead than alive?
8th, Whether a Congress, constituted like that of America, is not
the most happy and consistent form of government in the world?- With a
number of others of the same import.
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