Note 113 — PAPERS ON AMERICAN SUBJECTS, DURING THE REVOLUTIONARY TROUBLES. (continued 2)

If the king was to absent himself for a time from the realm, and did as usual leave a regency in his place, (his locum tenens as supreme civil magistrate) could he authorize and commission any military commander in chief to command the militia forts and forces, independent of such regency? Could he do this in Ireland? Could he do this in the colonies and plantations, where the governor is already, by commission or charter or both under the great seal, military commander in chief, as part of (and inseparably annexed to) the office of supreme civil magistrate, his majesty's locum tenens within said jurisdictions? If he could, then, while openly, by patent according to law, he appeared to establish a free British constitution, he might by a fallacy establish a military power and government.