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WILLIAM WEMMS AND SEVEN OTHERS. 499

whereon that declaration waa founded, it is alike unlawful to
be done in any other part of the king’s dominions. But be
that as it may, the mutiny acta annually made, show the con-
sent of parliament, that the king in time of peace should keep
up a standing army not only in the kingdom but in America
also. They not only ascertain the number of troops that shall
be kept up, but.provide for the regulation of such of the king’s
troops as are in America. And therefore, as by these acts the
King is empowered to keep up these troops, and he by common
law, hag the command and disposition of all forces by sea and
land within his dominions, and is the principal conservator of
the peace, he doubtless well might send such part of those
troops to this part of his dominions, in order to restore the
publie peace, or to aid and assist the civil magistrate in pre-
serving of it, as he judged necessary for the purpose; and if
you should think there was no occasion for sending any troops
here, for either of those purposes that will not alter the case,
Decause the king being the proper judge in that matter, the
validity of his order will not depend upon the trath of the
representations whereon it is founded. The acta not only fix
the number of troops to be kept up, but also establish a law
mertial for their government. Among other things, the acta
subject every officer or soldier that sleeps on his post, or leaves
it before he is relieved, or disobeys the lawful command of his
superior officer, to such punishment as a court martial shall
inflict, though it extend to death itself. These troops are and
ever since they came here have been under this martial law
and subject to as strict regulation as in time of war. Placing
sentries ig a necessary part of the regulation of an army;
accordingly a sentry hath in fact been kept at the eustom-
honse ever since the troops have been here; and it is sworn
that it was done by order of the commanding officer. If #0,
you have no reason to doubt but that it was legally done.

Your next inqniry then will be, whether the sentry so placed
at the eustom-house was attacked? Many witnesses have
sworn that he was. But the counsel for the crown say, that

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