“ After the conquest of New York, in which most of the old Dutch inhabitants remained, King Charles 2d changed the form of their constitution and political Government; by granting it to the Duke of York, to hold of his Crown, under all the regulation contained in the letters patent.It is not to be wondered at that an adjudged case in point has not been produced. No question 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 never was questioned in Parliament. ”
Quotes from Campbell v. Hall ()
“ It is left by the constitution to the King's authority to grant or refuse a capitulation: if be refuses, and puts the inhabitants to the sword or exterminates them, all the lands belong to him. If he receives the inhabitants under his protection and grants them their property, he has a power to fix such terms and conditions as he thinks proper. ”
“ A country conquered by the British arms becomes a dominion of the King in the right of the Crown; and, therefore, necessarily subject to the Legislature, the Parliament.The 2d is, that the conquered inhabitants once received under the King's protection, become subjects, and are to be universally considered in that light, not as enemies or aliens.The 3d, that the articles of capitulation upon which the country is surrendered, and the articles of peace by which it is ceded, are sacred and inviolable according to their true intent and meaning. ”
