LORD MANSFIELD'S PROPOSITIONS RE CAMPBELL VERSUS HALL, 17741
|1.||A country conquered by the British arms becomes a dominion of ihe King in the right of His crown, and therefore necessarily subject to the legislative power of the Parliament of Great Britain.|
|2.||The conquered inhabitants once received into the conqueror's protection become subjects; and are universally to be considered in that light, not as enemies or aliens.|
|3.||Articles of capitulation, upon which the country is surrendered, and treaties of peace by which it is ceded, are sacred and inviolate, according to their true intent and meaning.|
|4.||The law and legislation of every dominion equally affects all persons and property within the limits thereof, and is the true rule for the decision of all questions which arise there. Whoever purchases, sues, or lives there, puts himself under the laws of the place, and in the situation of its inhabitants. An Englishman in Ireland, Minorca, the Isle of Man, or the Plantations, has no privilege distinct from the natives while he continues there.|
|5.||The laws of a conquered country continue in force until they are altered by the conqueror. The justice and antiquity of this maxim are incontrovertible; and the absurd exception as to pagans mentioned in Calvin's case shows the universality and antiquity of the maxim. That exception could not exist before the Christian era, and|
Printed in A. Shortt and A. G. Doughty, Document relating to the Constitutional History of Canada, 1759- 1791, part i, Ottawa 1918, pp. 525-6. Campbell, a British settler in Grenada, brought an action against Hall, a customs official, for the recovery of money collected under the authority of Letters Patent of April 1764 on sugar exported from the island. Lord Mansfield, C.J., delivered judgement in Campbell's favour because he held that, by a Proclamation of October 1763, the Crown had exhausted its prerogative right to levy such a tax without the consent of a local Assembly, which had been promised by that Proclamation.