Rem. _The king has the command of all military force in his dominions: but in every distinct state of his dominions there should be the consent of the parliament or assembly (the representative body) to the_ raising and keeping up _such military force. He cannot even raise troops and quarter them in another, without the consent of that other. He cannot_ of right _bring troops raised in Ireland and quarter them in Britain, but with the consent of the parliament of Britain: nor carry to Ireland and quarter there, soldiers raised in Britain, without the consent of the Irish parliament, unless in time of war and cases of extreme exigency.--In 1756, when the Speaker went up to present the money-bills, he said among other things, that "England was capable of fighting her own battles and defending herself; and although ever attached to your majesty's person, ever at ease under your just government, they cannot forbear taking notice of some circumstances in the present situation of affairs, which nothing but the confidence in your justice could hinder from alarming their most serious apprehensions. Subsidies to foreign princes, when already burthened with a debt scarce to be borne, cannot but be severely felt._ An army of foreign troops, a thing unprecedented, unheard of, unknown, brought into England, _cannot but alarm, &c. &c._" (_See the Speech._)
_N. B. These_ foreign troops _were part of the king's subjects, Hanoverians, and all in _his_ service, which the same thing as_**** B. F.
[104] This State of the Constitution of the Colonies was printed at the close of 1769, and communicated to various persons, with a view to prevent mischief, from the misunderstandings between the government of Great Britain and the people of America. I have taken the liberty of ascribing it to governor Pownall, as his name could have been no secret at the time. Dr. Franklin's remarks (which from their early date are the more curious) are in manuscript, and from an observation in reply signed T. P. appear to have been communicated to governor Pownall. B. V.
[107] [i. e.] All statutes respecting the general relation between the crown and the subject, not such as respect any particular or peculiar establishment of the realm of England. As for instance: by the 13th and 14th of Car. II. c. 2, the supreme military power is declared to be in general, without limitation, in his majesty, and to have always been of right annexed to the office of king of England, throughout all his majesty's realms and dominions; yet the enacting clause, which respects only the peculiar establishment of the militia of England, extends to the realm of England only: so that the supreme military power of the crown in all other his majesty's realms and dominions stands, _as to this statute_, on the basis of its general power, unlimited. However, the several legislatures of his majesty's kingdom of Ireland, of his dominions of Virginia, and of the several colonies and plantations in America, have, by laws to which the king hath given his consent, operating within the precincts of their several jurisdictions, limited the powers of it and regulated the exercise thereof.