Some of the Americans, and those the most patriotic and conservative,
thought that Great Britain had jurisdiction to ascertain and execute
the law of nations for the common purposes, and in the exercise of
that jurisdiction to control, by its decrees and regulations, the
action of individuals in the Colonies. This was to regard Great
Britain and America as consolidated for the common purposes so as to
form what may be called a Justiciary Union. They were content, so long
as Great Britain acted on the theory that she was the Justiciar of the
British-American Union for the common purposes, and maintained a
competent tribunal for determining what were common and what local
purposes according to the principles of the law of nature and of
nations, that she should finally determine the limits of her own
jurisdiction as the Justiciar State of the Union. While I do not mean
to say that Great Britain ever recognized that the American Colonies
were free states and that she was only a Justiciar State with power of
final decision according to the law of nature and of nations over the
whole British-American Union for common purposes, yet I think it may
not be wholly incorrect to say that from 1700 to 1763, the King and
the Parliament of Great Britain, advised by the Committee of the Privy
Council for Plantation Affairs assisted by the Board of Commissioners
for Trade and Plantations, really acted as the Supreme Administrative
Tribunal for applying the principles of the law of nature and of
nations in the decision of the questions common to all the free states
of a _de facto_ British-American Union and as a necessary incident
thereto, decided the limits of the jurisdiction of Great Britain as
the Justiciar State of this _de facto_ British-American Union.
Public-domain text, read in full here on John Shaqi.
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