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L. H. J.
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But Since Your Lordship is pleas'd to take into Your Con-
sideration the Judgment of the Court in that Case we pray
your Lordship to be Referr'd to it as Reported in Salkeld 411:
where the first Resolution of the Lord Holt and whole Court
of King's Bench is Reported in these words viz. " In Case
of an uninhabited Country newly found by our English
Subjects, all Laws in force in England, are in force there,
so it seems to be agreed; " Which Resolution of the Judges,
more Solemn than the Common Received Opinions of other
Lawyers, might we hope furnish Your Lordship with good
Reasons to think favourably of our Claims.
For by this Resolution, it seems, had this Country been
uninhabited, all the Laws of England had Extended here by
Common Right tho: we had no grant of English Priviledges.
We begg your Lordship then to Consider what our Case then
differs from Settling an uninhabited Country; since, whether
the Country be uninhabited or not, at the time of the Con-
quest or Occupation, can be no ways Materiall but with Re-
spect to the Laws of the Prior Inhabitants here for they are to
be Regarded by such Conquerors or Occupants, as it seems by
the Books, and particularly in the second Resolution of the
above Case where the Court held that in Case of an Infidell
Country, their Laws by Conquest do not Intirely Cease, but
only such as are against the Laws of God. This only seems to
Relate to the Case of the Conquered or Prior Inhabitants where
they are a Polite people Skill'd in arts and Letters under
the Regulation of Establisht Laws. But this Country was In-
habited by a Rude Savage & unpolish'd people Ignorant of
Arts and of the use of Letters, having no knowledge of the
true God, nor any known Laws or Rules of Civill Govern-
ment, Save what they have Learnt Since the English Settle-
ment. Therefore in Respect to them and to our Laws, we take
our Case to be the same as if the Country had been unin-
habited and Consequently within the above Resolutions, and
if your Lordship Pleases to Consider the Rest of that Report
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p. 113
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and the Arguments in the Case of Dutton and Howell before
the House of Lords reported in Showers Cases of parliament
page 31: we doubt not but you will Reap some Satisfaction
therefrom in the present Question.
6: The Advantage of a Legislature here to make Laws to
suit our Constitution is a Conveniency without which we
Could not well Subsist, But we are not under any Necessity
of Parting with all other Advantages for the Sake of that.
The Charter Grants us English Rights and Liberties as
well as a Share in a Legislature of our own, and we hope these
things are not Inconsistent but that we may well Enjoy them
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