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Updated: May 18, 2025
Kent had seen little of Meigs since the latter had turned him down in the quo warranto matter; and his guard went up quickly when the attorney-general accosted him in the lobby of the hotel and asked for a private interview. "I am very much occupied just now, Mr. Meigs," he demurred; "but if it is a matter of importance " "It is; a matter of the greatest importance," was the smooth-toned reply.
Nays Cameron, Cattell, Chandler, Conkling, Conness, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Morgan, Morrill of Vermont, Nye, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates 23 all Republicans. So the evidence was admitted, and Mr. Cox continued. On the same day or the next, I prepared an information in the nature of a quo warranto.
Not less important is his elaborate, learned and exhaustive opinion in the case of Thompson against the People, decided by a single vote and by his opinion, in which he examined the true nature of franchises conferred on individuals in this country by the sovereign power, the right to construct bridges over navigable streams, and the proper operation of the writ of quo warranto.
June 7 the charter was surrendered to the king, who appointed Sir Ferdinando Gorges "general governor." The expiring company further appointed Thomas Morton as their lawyer to ask for a quo warranto against the charter of the Massachusetts Company.
Governor Dongan of New York had warned Connecticut of what was to come, and had counseled them to submit. Three writs of quo warranto were issued, one upon another, and the colony finally petitioned the king to be permitted to retain its liberties; but in any case to be merged rather in Massachusetts than in New York.
In theory an authority for the taking of seafaring men only, the press-warrant was in practice invested with all the force of a Writ of Quo Warranto requiring every able-bodied male adult to show by what right he remained at large. The difference between the theory and the practice of pressing was consequently as wide as the poles.
The Queen approved of their representation, and after declaring the laws null and void, for the effectual proceeding against the charter by way of quo warranto, ordered her Attorney and Solicitor-General to inform themselves fully concerning what may be most effectual for accomplishing the same, that she might take the government of the colony, so much abused by others, into her own hands, for the better protection of her distressed subjects.
Resort was had to the courts, as a matter of course, and finally it was settled that relief should be given by a writ of quo warranto, upon which the question of the violation of privileges could be tried; and curious records still remain of ancient litigations of this nature.
In reply to a QUO WARRANTO, issued to the Earl of Surrey, in the reign of Edward I., he asserted that his ancestors had assisted William in gaining England, and were equally entitled to a share of the spoils. "It was," said he, "by their swords that his ancestors had obtained their lands, and that by his he would maintain his rights."
The charter of London was accordingly attacked by a writ of quo warranto, and in June, 1683, the time-serving judges declared it confiscated.
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