The Massachusetts spy (Boston [Mass.]), 1771-05-16 00:00:00

THE Massachusetts Spy
A Weekly, Political, and Commercial PAPER :--Open to ALL Parties, but Influenced by None.
Published by I. THOMAS, in Union-Street, BOSTON.
VOL. I.]
THURSDAY, May 16, 1771.
[NUMB. II.]
For the MASSACHUSETTS SPY. The CENTINEL. No. III.
"The Child will rue that is unborn The hunting of that Day."
CHEVY-CHACE.
THE next grievance I would have my countrymen look into, is, that which is contained in one of the last addresses of the House to his Excellency; they thus express themselves, "As your Excellency was not pleased to give your assent to another bill passed in the last session of this assembly for granting the sum of three hundred and twenty five pounds for your services when in the chair as Lieutenant Governor, the House are apprehensive you are under some restraint; and they cannot account for it on any other principle, but your having provision for your support, in some new and unprecedented manner. If the apprehensions of the House are not groundless, they are solicitous to be made certain of it, before an end is put to the present session; and think it their duty, to pray your Excellency to inform them, whether any provision is made for your support as Governor of this province, independent of his Majesty's Commons in it." To this his Excellency replies, "I must observe to you, that the King, Lords, and Commons, our supreme Legislature, have determined it to be expedient, to enable his Majesty to make a certain and adequate provision for the support of civil government in the colonies, as his Majesty shall judge necessary." By all this it appears, that the Governor of this province has a salary from home, independent of the people he governs; and that this was the reason of refusing his assent, &c. If this is the fact, the constitution of this country has received one of the greatest wounds it ever felt.
The framers of our present mode of government, wisely took the system of polity at home as their model; a system the happiest that ever blessed mankind, as it contains the conveniences of every other government, without the imperfections of either. The several parts of which it consists, by being a continual check on each other, fix the whole on a solid, beautiful and consistent basis. While the power of the monarch may still be any unlawful attempts of the commons, they in their turn by withholding subsidies, aids, &c. may prevent the prerogative from spreading into too great bounds. The polity of this country, though it flows in little streams, yet originates from the same fountain. Though a miniature, yet it is founded on the same principles with the constitution of Great-Britain. We have our Governor, Council, and Commons, to answer to the King, Lords, and Commons of England, and the same rights, the same privileges that hold in the one, are inseparable from the other. The same check on each part of our legislature, we have, as in the legislature at home. Should a King of Great Britain, attempting to destroy the liberties of his subjects, yet sensible of his weakness for this work, while checked by a resolute House of Commons, endeavour to affect it by the assistance of the monies of another nation. What would the nation think of such a step? James the II d . actuated from principles inimical to the constitution, lost the favour of his subjects, and was obliged to fly the kingdom. To recover his crown, he flung himself into the arms of France, and was assisted by French troops in the pay of France: This at once rendered a reconciliation irrecoverable, and the descendants of this unhappy Prince now live despised and neglected. The same doctrines will hold good in our con-
stitution. A ----- of the Massachusetts Bay, supported by monies from home, and independent of the people here, is in the same light as a M----- of G----- B-----, maintained by the pay of F----- These measures the constitution knows nothing of. I would ask, whether there can be in nature such a thing as a ----- of this province, not paid by the people here. On the principles of government, it is a solecism, a contradiction in terms. Or in other words, whether, when no monies are raised for the support of a first magistrate, and no provision made for such a person, whether, I say, in law, that high office is not vacant. If that would be the case at home, it would be so here. A ----- is not a natural, but a political Being: To constitute this Being, equal parts and members are necessary as in a human body; these members the constitution has framed and particularly described. As there are in a natural state, a creature without its proper parts, organs, &c. is a monster, a thing repugnant to the usual course of nature, so in the political system, a ruler without those qualifications the constitution has made necessary, is, monstrum horrendum ; or in other words a thing it knows nothing of. But it would be happy for a people in such case, if the only inconvenience that may arise, comes from the vacancy, if I may so express it of the chair. There are however, other mischiefs that will ensue. It is a maxim founded on solid experience, the balance of property, will ever carry with it the balance of power. Where this balance is in one person, in a few, or in all, government is either monarchical, aristocratical, or democratical. The constitution has wisely placed this balance in different, though equal hands; by placing so many checks on each other, it wisely preserves this equality. Should however, one part of the legislature, grow more weighty than the other, this equality is lost. Like three powers in a machine, as Blackstone compares it, which draw equally; if one power is increased with a greater weight, it will draw finally the other powers to it. Should one part of the legislature increase its share of property, the balance is altered, and the other parts will be insensibly drawn into subjection to it; these are truths of which we are easily convinced. In Rome, the Patricians, by acquiring a great share of property soon shifted the balance of the commonwealth: This the Gracchi perceived, but perceived it too late. With this change of the balance, the most miserable consequences ensue. Harrington tells us, "Where the balance changes from popular to monarchical, the public interest becomes more private. Luxury is introduced in the room of temperance, and servitude in the room of freedom, which occasioned such a corruption of manners, as by the example of Rome in the time of the Triumviri rendered it incapable of being a common-wealth." Let us compare these principles with present facts. The enemies of this country have long been practicing against its welfare, peace, and happiness. But the attacks they have made were levelled in such a manner, that the whole legislature was wounded by it. Every branch of this august body, ought, whatever might have been fact with one particular part, to have resisted those attempts; but the present policy is more dangerous. It is founded on a flaw, but sure basis--on those principles which have shaken the republics of Greece and Rome, and subverted the liberties of every free state that ever existed. They now endeavour to alter the political balance, and to throw that weight into one branch of the legislature, that will eventually weaken the other two parts of it. When thus weakened, on the principles of
mechanics, this increasing power will draw the others insensibly into it. If this is not prevented, before it gets too great a height, like the Gracchi of old, we may mourn the change of our balance, when the freedom of this people is no more. This new acquisition of property in one branch of our government on the abstract, though eternal and immutably true principles we have hitherto proceeded on, will draw with it a proportionable acquisition of power. I have mentioned the checks on each part of the legislature, which are the only preservation of the political equilibrium. The Governor's check consists in his negating. The check of the Commons consists, in their right of granting monies, a right inseparable from them. When this check on either side is destroyed, the other will proportionably increase its power. The present innovation at once destroys this check of the House, and so effectually shifts the balance of the constitution. When this balance is once shifted in this manner, the government changes from a free state to a petty monarchy. It is in the same condition as a Roman province, where the Praetor exercised all the rights of regal power, and reigned as despot in his petty dominions, as a Grand Seignor in the more extended tracts of Turkey. To make this mode of reasoning more familiar, suppose a ----- of this province (I do not say this has been the case, nor do I say I expect it ever will be the case) suppose he should leap over the barriers of the constitution, trample on the rights of the subject, and become a despot, what is the proper mode of dealing with him here? While he is maintained in a manner agreeable to the principles of our government, and while he solely depends on the people he governs for his support, which is absolutely connected with the principles of Englishmen, and which separated, the constitution is lost; the mode of address is easy; the Commons can exert their constitutional check to some purpose; by withholding the usual stipend, a ----- will soon be brought to reason; he will either leave the seat of government rather than be reduced, a method that will not prove disagreeable, or he will restore to the people those rights they think endangered. But under the present innovation, how shall we check him? Shall the House refuse him his salary? What does he care for that---His pay from home amply compensates for this neglect. The people must either sit down and kiss the rod that scourges them, or proceed for redress in that way, which I will leave Julius, the Whisperer, and our Johannes in Eremo to mention, rather than myself.
The corruption of the heart will lead men in this case, into strange meanness. To preserve the inheritance they have acquired, and to flourish a while beneath the scales of power, they will run into the most servile adulation. This has always been the case since the unhappy lapse of Adam, and ever will be the case. This form of procedure was the first rise of monarchy and despotism, and is the only means of reducing a free people into slavery. The method is dangerous, because not easily perceived, and the reason not easily comprehended, because abstract and refined. But I would ask any man of the meanest capacity, whether the consequences exhibited in the above representation are not easy and natural; and in fine to sum up the whole thus far, Whether he does not think, that granting the ----- a salary from home, does not make him independent of the Commons here? Whether thus independent, he is not able to practice the most dangerous attempts? Whether this does not destroy the constitutional check the House has on the -----, if so, whether the sole power will not revert to the -----? Whether, when this is the case, the bulk of the people, agreeable to what has ever been the case in the world, will not rather pay court than lose their petty acquisitions? Whether the constitution is then not changed? And whether in fine, the truth of this maxim is not too obvious, the balance of property will ever carry with it the balance of power ? The people may then look for deliverance, but in vain; they may catch at some branch to support them from sinking, but it is only a temporary deliverance. They may cry as the Jews of old, Lo! here he cometh, and lo! there he cometh, but they will find none to save from destruction, unless, which may God avert, another Cromwell should arise, and plead the cause or freedom in a manner too expressive to be unsuccessful. There is a moment when ambition can no longer dazzle, or power affright. At such a time, a sentiment of this nature may not be useless, that the same spirit which in this country shone so conspicuous, and was attended with such consequences in 1689, may blaze forth as happily in some future, and perhaps not distant era of the world.
EUROPEAN INTELLIGENCE. LONDON, March 30. THE Lord Mayor contented himself on Wednesday with only saying, as we are informed, nearly the following words: "Mr. Speaker, An honourable gentleman has talked of the lenity to be shewn me on account of my health, and my being committed only to the custody of the serjeant at arms. I thank God that my health is better than it has been for some time past. I know that I was prejudged on Monday, and that the string of resolutions and warrants is now in the gentleman's pocket. I ask no favour of this House. I crave no mercy from the Treasury bench. I am ready to go to my noble friend at the Tower, if the House shall order me. My conscience is clear, and tells me that I have kept my oath, and done my duty to the city of which I have the honour to be Chief Magistrate, and to my country. I will never betray the privileges of the citizens, nor the rights of the people. I have no apology to make for having acted uprightly, and I fear no resentment in consequence of my conduct. I will through life continue to do the dictates of honour and conscience, and give my utmost support to every part of the constitution of this kingdom, and the even shall always leave to heaven, at all times ready to meet my fate."

Lord North has been requested to continue in office during the present session; and it is formally concluded, that Lord Gower will then take Lord North's place, as First Lord Commissioner of the Treasury; and that Mr. Jeremiah Dyson will be made Chancellor of the Exchequer.
On Thursday several Noblemen, The Almen Trecovich, Asgill, Wilkes, Townshend, Sawbridge, and many other Citizens, paid a visit to the Lord Mayor and Mr. Oliver, at the Tower.
It is said the Lord Mayor will not appoint a Locum Tenens for any other purpose than a Common Hall; which will cause a great difficulty in the execution of public business.
Another account says, all business is at a stand at the Mansion house, no alderman chuses at present to sit for the Lord Mayor, though several have been applied to for that purpose.
The fashionable toast that now prevails from one end of this metropolis to the other is, "Success to OLIVER the Second."
When Mr. Alderman Oliver first went to the Tower, his goaler, according to his orders, took down the names of those who came to visit him; but the visitors were so numerous that the man soon found it impossible; he threw down his pen, and cursed the House of Commons, and said if they had a mind to have the names, they must send two of their own clerks to write down the lists.
Yesterday two meetings were held of several members of the opposition, Lords and Commoners, when it was resolved to visit the Alderman in the Tower; in consequence of which the Dukes of Richmond and Portland, the Marquis of Rockingham, &c. this day visited the imprisoned Aldermen. Lord Temple and many members of the House of Commons visited the Tower the first day Mr. Oliver was sent thither, without waiting for any meeting of their party, or permission of their leaders.
The Ministers blame the Onslows for their rashness and intemperance; they blame the Ministers for their coolness and moderation; his Majesty blames them for making him a party, by advising a Proclamation; and poor John Bull blames them all together, being always sure to suffer for their blunders.
Not long ago one Mr. Wright, a very ingenious mechanic of Clerkenwell, went to the Kings Palace, and desired to be introduced to his Majesty; the attendants demanded his business; he said he had something to shew his Majesty, which would amuse him: the attendants asked if he had any thing to sell to the King: (for they have their instructions from certain persons, who know his Majesty's extreme fondness for toys, not to permit too many people to bring them, lest his whole income should be squandered in nick knacks) The Quaker answered, "No; but I have something that will amuse him; and if thee wilt let me see him I will not be ungrateful." The mention of his gratitude procured the Quaker admission. His Majesty asked what he had to shew him? The Quaker said, a very curious little watch. The King said he was sure he had already the smallest in the world, and, pulling out a drawer, took about thirty or forty in his hand; some of the size of a shilling, others of a sixpence, and asked the Quaker if he could shew him a watch as small as those? The Quaker then produced a watch not quite so large as the quarter of a quarter-guinea. His Majesty was in raptures; and after having examined it a long time through a microscope, demanded what he should give for it. The Quaker replied, If thee payest me what it cost me, thou wilt give me two hundred guineas. The King was overjoyed, and ordered him three hundred. The watch is really so curious that it is no wonder his Majesty could not be easily satisfied in viewing it; but unfortunately in playing with it, in less than a week he broke it: the watch is now carried home a gain to Mr. Wright's to be put in order, and has been shewn for some days past to great numbers of Ladies and Gentlemen, who have visited Mr. Wright for that purpose.
One of the Kings of Poland was so exceedingly fond of small watches, that his utmost ambition was to have a sufficient number of watches small enough to serve instead of buttons to his coat; but he died before he had quite completed his wish, his coat wanting still two buttons. It is said that when Cæsar saw the statue of Alexander, he wept on re-
fecting that he then was forty and had not yet yet signalized himself, whereas Alexander before that age had conquered the world. Considering things in the same view, how happy must his Majesty be to reflect that at half the age of the King of Poland he has got a sufficient number of watches of a proper proportionable size to button his coat, waistcoat and breeches.
As soon as news of the King's Proclamation being stuck up at the Exchange had reached the ears of some patriotic gentlemen at a coffee house, they immediately sallied forth to tear it publicly from the walls; but they could not reach the Exchange before every atom of it was destroyed by the enraged populace.
April 2. We hear that all the inquests of the several Wards of this city intend to pay their respects to Alderman Oliver and the Lord Mayor in the tower.
Yesterday the right hon. the Lord Mayor, attended by Mr. and Mrs. Oliver, went to the Tower Chapel, where a sermon was preached by the Rev. Mr. Evans, his Lordship's Chaplain; after which his Lordship gave an elegant entertainment to the Deputy-Governor, and the other officers of the Garrison, at his apartments in the Tower.
It has been calculated, that should the Lord Mayor persist in refusing to do business, while a prisoner in the tower, Government will lose upwards of 1000. a day.
It is reported that silver coin is now privately buying up for the use of the bank, in order to be tendered in payment, should certain threats of monied persons be carried into execution.
It is said that the Court of Common council will immediately deliberate on a legal method of proceeding against the Speaker of the House of Commons; and that the Lord Mayor and Alderman Oliver are determined to bring an action on the case for 100,000. damages, for false imprisonment.
We hear that the several counties and independent corporations in England, are preparing addresses to be presented to the right Hon. the Lord Mayor and Mr. Oliver, for their patriotic behaviour.
A certain lady, remarkable for her spirit in the cause of liberty, in a late conversation on the subject of the insults a Great Personage had received from the populace a few days since, observed, that the violent, arbitrary, and oppressive measures which had been pursued against the city and its magistrates, were sufficiently provoking to make the very stones with which the streets are paved rise up in resentment, if they had not been Scotch stones.
We hear the Lord Lieutenant of Ireland carries all before him, and that his secretary will be made an Irish peer.
April 3. Friday and Saturday it was on Change proposed by several respectable merchants, to go up in a body with an address in favour of our injured magistrates and violated laws; and we hear the scheme will be speedily carried into execution.
It was yesterday morning strongly reported on Change, (on what authority, or for what purpose, we pretend not to say) that Gibraltar was attacked by the Spaniards, both by sea and land; that the fleet which lay before it consisted of 30 sail of ships from Barcelona, and other Spanish ports; and that the army employed against it consisted of 17,000 men, who had raised several large batteries within gun-shot of the fort; and that it was expected before this time, that the Spaniards had made themselves masters of it.
Two more apartments in the Tower are ordered to be got ready against the meeting of the parliament after the holidays; the one called the Bloody Tower, the other Little Ease; the first is supposed to be intended for Mr. Alderman Townshend, and the second for Mr. Alderman Sawbridge.
It is said, a Great Personage was exceedingly affected at the coarse reception he met with last week from the people, and complained to a noted forcerefs in Pall-Mall, that he did not use to be so received ten years ago when first he appeared in public. The artful Succubus bad him not be concerned at it; that it did not proceed from any alteration of the people's affections towards him, but from a circumstance with which he was not perhaps acquainted: "About the time you speak of, said she, it happened that a country fellow, who had bank notes of value in his pocket, went into the crowd to see the King pass to the parliament; and for fear he should
lose his charge, kept his hand carefully upon his pocket-book: a sharper who observed him, said, What will not you clap his Majesty as he passes? The simple countryman instantly withdrew his hand, and joined in the applause, whilst the sharper conveyed away his money. Ever since the people keep their hands in their pockets whilst you pass; and the groans and hissing, and execrations, which you hear, are only intended to fright away the thieves."
In the reign of Queen Anne, in 1704, several Freemen of the Borough of Aylesbury had been refused the Liberty of voting at an Election for a member of Parliament, though they proved their Qualifications as such: The law in this Case imposes a Fine on the Returning Officer of 1000. for every such Offence. On this Principle they applied to Ld. Ch. Just. Holt, who ordered the Officer to be attainted. The House of Commons, alarmed at this step, made an order of their House to make it penal for either Judge, Council or Attorney, to assist at the trial; however, the Lord Chief Justice, and several Lawyers, were hardy enough to oppose this order, and brought it on in the King's Bench. The House, highly irritated at this contempt of their orders, sent a Serjeant at Arms for the Judge to appear before them; but that resolute defender of the Laws bade him, with a voice of authority, Be gone! on which they sent a second message by their Speaker, attended by as many members as espoused the measure. After the Speaker had delivered his message, his Lordship replied to him in these remarkable words: "Go back to your chair, Mr. Speaker, within these five minutes or you may depend on't I'll send you to Newgate: You speak of your authority, but I tell you I sit here as an Interpreter of the laws, and a distributor of justice, and, were the whole House of Commons in your belly, I will not stir one foot."
The Speaker was prudent enough to retire, and the house were equally prudent to let the affair drop.
From the LONDON MAGAZINE. CASE for Mr. MORRIS's OPINION.
Jovis, 21 die Februarij, 1771. ORDERED, That J. Wheble do attend this house upon Tuesday morning next.
Ordered, That the service of the said order, by leaving a copy of the same at the usual place of abode of the said J. Wheble, be deemed equal to personal service, and be good service. (Copy) J. HATSELL, Cl Dom Com.
THE above writing, which is by some supposed to be a copy of an order, or pretended order, of the House of Commons, was left upon Friday, February 22, 1771, at the house of Mr. John Wheble, within the city of London, being put into the hands of one of his servants by a person who stiled himself messenger to the House of Commons.
Upon Thursday, Feb. 28, a person called at Mr. Wheble's house, and shewed a paper writing, which he pretended to be some warrant or authority from the Speaker of the House of Commons, directing him to take John Wheble into custody, for his contempt in not obeying the orders of the House for his attendance on that House.
Upon Saturday, March 9, a paper, in the form of a royal proclamation, appeared in the Gazette, intitled, By the King, a Proclamation for apprehending John Wheble and R. Thompson.
Mr. Wheble did not appear to the above summons, neither has he been apprehended upon the pretended warrant of the Speaker, or the pretended proclamation.
QUESTIONS.
I. Suppose the paper writing first above-mentioned to be a copy of a genuine order of the House of Commons, is John Wheble, at whose house the same was left, by law requirable to attend agreeable to the tenor thereof?
II. If John Wheble is so requirable by law, he having neglected so to do, what penalties is he liable to, and by what means would it have been legal to proceed against him?
III. If the pretended warrant of the Speaker is authentic, was John Wheble obliged to pay obedience thereto, by surrendering himself a prisoner to the person who carried with him the same, and called himself a messenger of the House?
IV. Taking the paper which appeared in the Gazette really to be the King's procla-
mation, is the same a legal process, and a sufficient warrant to such as may venture to act under it?
Upon the whole, Mr. Morris is desired to give his opinion on the above stated case to Mr. Wheble, and as counsel to advice what conduct he ought by law to observe upon this occasion.
I have attentively perusal the above written case, and though from the bad designs which appear to be formed against the liberties of the people, there may be danger in giving opinion, which some of my profession would chuse to avoid, I shall, as it becomes an honest and firm man, proceed to give Mr. Wheble my counsel, without attention to any other object than the laws and constitution of this free country.
ANSWERS.
To the first question, I am most clearly and decisively of opinion, that Mr. Wheble is not compellable by law to attend the House of Commons in pursuance of the written order above stated. If the grounds upon which the order of attendance was issued by the House of Commons had been made part of the present case, I would then give my opinion, whether that assembly had any authority at all, or in what cases to compel an attendance upon them; but as they are not, I must take up the matter upon the summons alone. It is now therefore of no consequence what was the cause that required attendance; because I, as counsel, can take as little notice of it upon the case before me, as Mr. Wheble could upon a sight of the summons, beyond which he had no need to look. The order itself is worded in so injudicial and un-clerk like a manner, that it is covered with objections almost from the first letter to the last. (1) I know not that an Englishman is required to understand Latin, especially since the act of parliament, that all process of the law shall be in English, and in no other language whatsoever; amongst other process orders being particularly enumerated, if this order be not a process of law it can have no effect; and if it is, it ought to be in English; whereas the order in question contains words in a strange language, without having the exemption of being technical Latin words. (2) J. Wheble is a description of nobody, it might as well have been written eye Wheble, or nose Wheble, either of them would be as much the name of John Wheble as the former. Besides, a person is not legally named without a proper addition of quality and abode, which is not so much as attempted at in this pretended order. (3) The place of attendance is not sufficiently expressed; this house, is more properly the house of John Wheble where the order was left, than any other house, for there is no date of place to the order; Mr. Wheble therefore best attended this order by staying at home. (4) The date of time being expressed in a foreign tongue, which an Englishman need not understand or attend to, the day of attendance became consequently uncertain; Tuesday morning next having no day which it is next to follow. (5) Another objection lies to this part of the order, that the morning of a day is too indefinite to fix an attendance; the law requiring that an hour as well as a day should be specified in every order of attendance. (6) If the House of Commons had power to issue this summons, it ought to be signed by the Speaker, and not by a person using certain cabalistical expressions, which may possibly be construed to mean clerk of the House of Commons. The Speaker ought also to recite that he had an express authority given him by the House, before he presumes to issue any summons or warrant whatsoever. It is the office of the Speaker, and not of the clerk to authenticate the acts of the House. (7) But the greatest of objections to the order lies in the want of expressing the cause upon which the attendance is required. It cannot be pretended, by any person, that the House of Commons have an arbitrary right to require the attendance of man, woman, or child, at their pleasure, without having any parliamentary cause whatsoever for such an attendance. There may be such a thing as a summons (issued by the Commons) illegal, for want of jurisdiction; therefore the cause of attendance should be expressed; that the party upon whom it was served, or others, where it concerned them might judge whether the cause of attendance was legal and sufficient for the summons. That cause not being expressed, it must be taken to be illegal and insufficient; from the maxim of the law,

"that the same rule holds with respect to those matters which do not appear, as to those which do not exist." In fact, upon the face of the order it appears to be illegal, and what Mr. Wheble neither needed or ought to have obeyed.
2d Qu. The first question being answered in the negative, the second requires no consideration; but if the attendance was legally requirable, pursuant to the above order, it would not be difficult to shew what penalties the refusing party would be liable to upon resort to the legal courts of justice, which have cognizance of such offences.
3d Qu. If the summons be invalid, the subsequent warrant by the Speaker must necessarily be invalid also; for the defects of the summons were not cured by any appearance of Mr. Wheble. A form of a warrant makes no more a legal authority (for so much the word imports) than a Constable's staff makes a peace officer. If the warrant was legal, a messenger of the House is not a proper person for executing it; but only the Serjeant at Arms, and the Deputy-Serjeant. But these are trifles with respect to the question; for the answer is most plain and positive, that the Speaker of the House of Commons is no more a Magistrate appointed to issue warrants of apprehension than the House itself is a court of justice appointed to punish. Neither one or the other have those powers; and when they usurp them, the people have a right to treat them as invaders of their liberties: Particularly the immediate object of the tyranny has authority, by the law of this country, and by the law of God, to defend his liberty and person by force and arms against such illegal attempts, though he should be obliged to sacrifice, in the protection of himself from the violence, all the Serjeants, all the Messengers, and even the Speaker himself of the House of Commons. I must add, that a warrant of apprehension, grounded upon a supposed contempt, always carries with it an argument against its own legality. No contempt of the House of Commons are punishable by themselves; they can only restrain instant and open contempt committed by the party in the face of the House. A warrant to apprehend, shows that the party does not, in the presence of the House, disturb its debates or obstruct its authority; such being the only legal idea of a CONTEMPT.
4th Qu. This question admits of no hesitation or dispute. The pretended proclamation of the King is clearly illegal. Proclamations have no intrinsic force in this country; nor have they any at all but by special act of parliament. They may serve at other times to intimate to the people the necessity and inclination of the Prince to put particular laws in execution. If they introduce a new law, they are truly in-inefficacious. The constitution of this country has not trusted to the King, with whom so much power is placed, the authority of apprehending or committing any subjects of the realm. That authority is left alone to the magistrates, and to the courts of justice. But had the proclamation in other respects been a legal warrant for apprehending John Wheble, many objections would still lie to the form and contents of it. If any person apprehends Mr. Wheble, in pursuance of this proclamation, he ought to be prosecuted by action or indictment; and any magistrate, before whom Mr. Wheble is brought, ought, if he does his duty, to set him at large, and commit the assailant upon his person (whether he be a King's herald or a Speaker's messenger) unless he can give good bail for his appearance. Persons are liable to no penalty for concealing or not discovering Mr. Wheble, as is falsely insinuated in the proclamation. Neither the officers of the customs or others have a right to examine persons passing beyond the seas. This proclamation has not the force of a Ne exeat regno . All the loving subjects of his Majesty, as they tender the safety of the King's person, and his right to the crown, both which are secured by the laws, ought, instead of obeying this proclamation, to be assistant in opposing its execution. As individuals have a right to protect their own liberty, so have others a right to interpose in their behalf.
Upon the whole, I do advise Mr. Wheble to pay no attention or obedience either to the abovementioned summons, warrant of apprehension, or proclamation. All are equally unjust and illegal. Mr. Wheble will be protected in his resistance by Magna Charta, and by numerous statutes which confirm our invaluable code of liberties. The
proclamation moreover seems to me to levy a cruel war upon two individuals without colour of law; and I do give it as my opinion, that Mr. Wheble may well institute an action upon the case, against the counsellors, promoters, abettors, and publishers thereof.
Lincoln's Inn, R. MORRIS. March 14, 1771.
THURSDAY, May 16. BOSTON.
THE Hon. Joseph Wanton, Esq; is elected Governor of Rhode Island for the year ensuing.---The Hon. Darius Sessions, Esq; Deputy-Governor, and Henry Ward, Esq; Secretary.
We hear from New-York, that on the 27th ult. Capt. MacDougall was discharged from his recognizance by the Supreme court then sitting there, (without having been brought to a trial) after being in bonds for twelve months and suffering three and twenty weeks actual imprisonment.
By the London papers we find that the long abused people of England are now so enraged, as to insult even M---y itself; but we do not see any proclamation issued for the discovery of any persons. Such is the impetuous pride, and arbitrary temper of M---s G---s, that if a Boy is whistling through the streets of Boston, it is immediately construed into an insult upon authority, or if any one chances to break wind in hearing of an haughty P---r, proclamations must be posted up at every corner of the town, with pompous rewards to bring such offenders to justice; but prophane, blasphemous, perjured, villainous, murdering soldiers, may massacre innocent people at their pleasure, and no other notice taken of it, than a pretended sorrow "for the unhappy difference between the inhabitants and the soldiers," and an absolute denial to controul them in any such ways as tend to distress the good people of this town.
Justice subdu'd by foul disgrace, Can ne'er resume her wonted place; But marks the wretch his country's foe, The object of impending woe. MARRIED.] Mr. Samuel Barret, merchant, to Miss Betsey Salisbury. Mr. Samuel Eliot, jun. to Miss Betsey Greenleaf, daughter of Mr. William Greenleaf, merchant. DIED.] Mrs. Elizabeth Whitwell, consort of Mr. William Whitwell, merchant. Mrs. Elizabeth Loring, widow. Mrs. Bechiah Oliver, widow. At Charlestown, Mrs. Joanna Jenners, widow of the late Major Jenners, of that town.
For the MASSACHUSETTS SPY. MR. THOMAS,
I HAVE been twice informed by gentlemen from the interior parts of the province, that we are indebted to the influence of our present commander in chief for all the fine things we are told are in reversion for us. Nothing indeed is more likely! for the whole tenour of his conduct has been one uniform series of indisputable evidences of his steady regard for, and zealous adherence to the rights of this people. For born and educated among them, caressed and promoted, beloved and honoured, by them, and finally, interested with them in one common bottom; it is humanly speaking impossible he should be any thing but their father, and their friend! I could have wished indeed, I had received my grateful intelligence the other way; or what would have been much more lucky, that the intimations on which alone it is founded, had come to hand an hour before that last unfortunate speech to the late house had got out among the people. But as it is, I doubt not we have friends enough in the country, to assign sufficient reasons for that, and a thousand other little inadvertencies, or rather mistimed incidents, in his Excellency's conduct, which, his cautious enemies very greedily catch at, and improve to his disadvantage. But should your correspondents find any part labouring for want of a fair, at least plausible account of, why any seemingly inconsistent steps have been taken, in the late difficult times for a great magistrate to please all parties, the least intimation of such puzzle will be kindly received, and its evolution zealously entered upon by a candidate for a Chief Justiceship, otherwise a competitor of the learned, the logical, the elegant IMPAVIDUS. A SEEKER.
For the MASSACHUSETTS SPY. MR. THOMAS,
IT is supposed that the reason why the intrepid IMPAVIDUS, who wrote in Messis. Green & Russell's paper, May 6th, remains unanswered is, because in almost every part of his performance he is truly unanswerable. What can be replied to his "Avowed fundamental alteration of the constitution?" "Makes a plausible flourish, and flatters himself he has displayed the logician." "Tis therefore necessary he should receive, &c." leaving the reader to guess wherefore. "The delusions of a few fire brands against order and government." "The honourable Gentleman (whose reputation hath been inhumanly mangled by master Leonidas) has not in his theatrical flourish, given the left specimen of a single infraction upon the charter, made by the honourable Gentleman."
Indeed, Impavidus has asked a few easy questions, but the public can receive no information from a reply to them, because the answer suggests itself to every man's mind so soon as the questions are proposed. I will repeat some of those questions. "In what part of the honourable gentleman's administration has an instance been given of his tyrannous usurpation over the rights of the people? In what part of his demeanor hath he given an instance that the supreme legislative hath ever trampled upon the democratic part of the government?"
His Excellency, upon reading the foregoing questions, might with propriety say, An enemy hath done this!
Go on Impavidus, vindicate your patron in the manner you have begun, I will warrant you, you shall have no answer, and as you have lightly taken your name let me give you a motto for your next paper. They that know nothing, fear nothing.
Imported from London by Captain Bryant, And to be sold by
NATHANIEL NOYES, At his shop on the south side of Faneuil-hall Market, cheap for Cash only;
A COMPLEAT and fresh Assortment of MEDICINES both chymical and Galenical; with a number of true Patented Medicines, Hooper's Female Pills, Anderson's Scots ditto, Lockyer's ditto, warranted genuine. Turlington's Balsam, Walker's Jesuits Drops, Bateman's Drops, Betton's British Oyl, MacKenzie's true Essence of Norway Tar. Also, Oter, Sago, Salep, Nutgalls, Roll and flour Brimstone. Neat Ivory Syringes in Cases. Cinnamon, Cloves, Mace and Nutmegs.
Doctor's Boxes for Ships or private Families will be carefully prepared.
WILLIAM WILLIAMS, Mathematical Instrument-Maker,
Has to sell At his Shop in King-street, Two Doors east of the Sign of Admiral VERNON, Near the Head of the Long Wharf, BOSTON, A large Assortment of
HADLEY's and Davis's QUADRANTS, hanging and standing Compasses in Brass and Wood, Gauging and Surveying Instruments, Cases of Instruments, large and small Perspective Glasses in Ivory, Woo! and Fifth Skin; plotting Scales, Gunter Scales and Dividers, Surveyors Chains, Artificial Magnets with Cases, Sand-Glasses, from two Hours to a Quarter of a Minute, Instruments of a new Construction to measure Boards, Quarter-Waggoner's, Atkinson's Epitomes, Wilson's ditto, Pattou's Navigation, Seaman's Assistants, Calendars, Mariner's Compasses rectified, Young Man's Companion, Journal Books, Ink Powder, Quills and Paper, Paper-Hangings. An Assortment of Brass Pocket-Compasses with and without Cards, Box Rules, Slates and Pencils, Jack-Knives, plated Shoe and Knee Buckles, Pinchbeck, Block-Tin, and Brass ditto, Compass Seals, and Watch Keys, &c. &c.
N. B. All sorts of Mathematical Instruments are made and repaired by the above WILLIAMS. Those who will favour him with their Custom may depend upon being well used, and have their work done with fidelity and dispatch.
For the Benefit of Mr. FLAGG, At Concert-Hall, TO MORROW evening, Will be performed
A GRAND CONCERT of Vocal and Instrumental MUSIC, accompanied by FRENCH HORNS, HAUTBOYS, &c. By the Band of the 64th Regiment.
ACT I. Overture Ptolomy---Handel. Song, "From the East breaks the Morn." Concerto, 1st.---Stanley. Symphony 3d.---Bach. ACT II. Overture 1st.---Schumann. Duetto, "Furn fair Clora." Organ Concerto. Periodical Symphony.---Stamitz.
ACT III. Overture 1st.---Abel. Duetto, "When Phœbus the Tops of the Hills." Solo Violin. A new Hunting Song, set to Music by Mr. Morgan. Periodical Symphony.---Pascual Ricci.
Tickets at half a dollar each to be had of the Printers, and at Concert-Hall. To begin precisely at 7 o'clock.
LOOKING GLASSES and PICTURES, imported in one of the last ships from London, to be sold by STEPHEN WHITING, at his shop opposite the sign of the Cornfield, and by STEPHEN WHITING, jun. at his shop adjoining Mr. Joseph Howe, tinman, near the Mill-Bridge.
NATHAN FRAZIER,
Begs leave to inform the Public, That he has just imported from LONDON, in the vessels commanded by the Captains Calef, Gardner and Bryant, a large and compleat
Assortment of ENGLISH GOODS, Suitable to the Season,
Which he will sell, Wholesale and Retail, at the lowest advance for ready money, at his Shop the corner of Wing's-Lane, near the Market, Boston.
[All Gentlemen and Ladies, both in Town and Country, who are pleased to honour him with their custom, in either of the above-mentioned ways, may depend on the very best usage, and a grateful acknowledgment of their favours.]
Among his Goods are
A NEAT Assortment of low priced, middling, and superfine Broad Cloths, with Shallons, Buttons and Twill to match; also a great variety of newest fashion gold and silver thread buttons, German and embossed serges, flannels, Colchester, and drapery baize, a large assortment Manchester velvets and velverets, velvet shapes, sagathies, duroys, thicksets, fustains, Wiltons, everlastings and drawboys, nankeens, Damascus, gingham, Bengalls and peniafcoes, &c. A very genteel assortment of Mantua silks and lute strings, rich cloth colour ducape; a variety of English and India damasks, English and India taffaties, brockades, plain, spriged and flowered sattins, alamodes, Persians, rich sarsenets, ribbons, lawns, cambricks, long lawns, yard wide book muslins, 6 4 wide ditto, plain and spriged gauzes, catgut, a large assortment of coxcomb, blond, bone, and Troy laces, cap wire, a great variety of gimps, snail lace, callicoes, chintzes and patches, a large assortment of Irish linens of all widths and prices, sheetings, check'd linnens, furniture check, with none-so-pretty to match; striped cotton Holland for shirt-ing, dowlas, osnaburgs and ticklinburg, bed ticks, white cotton counterpains, calimancoes, tammies and durants, poplins and cambleteens; a large assortment of mens, women's, boys, and girls worsted, thread and cotton hose, men's black and white silk do. men's and women's silk gloves, silk mitts, and out-size ditto, a large assortment of worsted mitts, scarlet, black, buff and cloth-coloured worsted knit breeches, black silk do, Russia linen and diaper, diaper and damask napkinning, damask and diaper table cloths, brown Hollands, brown and stays buckram, stay trimmings, yellow holland, yellow canvas and crewels, sattin and brocaded shoes and clogs, women's maids and children's pack thread stays, with a great variety of other articles, too many to be particularized. ** Women's Lynn made shoes by large or small quantities.
CASH given for Merchantable POT-ASH. N. B. Said FRAZIER's Store at ANDOVER, is again supplied with a full and fresh Assortment of GOODS as usual.
No Entries received this week, the reasons may be given in our next.

POETS CORNER.
For the MASSACHUSETTS SPY.
An ACROSTIC REBUS.
WHO kept us of our freedom in degree? What gives us vigour, tenant of the sea? Who spilt our blood like glorious sons of war? Whom do the friends of Liberty abhor? What bird our St-p-n mimicks, looks and name? Who does all mischief, tho' he feels no shame? Sagacious reader! if you this discover, The initial letters point the happy place Where num'rous charms attract the youthful lover, In-form, in mind, in manners and in face.
LONDON, March 27. 1771. Colonel BARRE'S SPEECH, when the motion was made in the House of Commons for sending Alderman OLIVER to the Tower.
Mr. SPEAKER,
SINCE I had the honour, or rather dishonour, of sitting in this House I have been witness to many strange, many shameful transactions; but, since I could call myself a member of the British Senate, never were my ears shocked with such an abominable proposal, as that which now disgraces this Assembly. A Representative of the first City in the empire, or perhaps in the world, is to be treated as a state criminal, for supporting the general rights of the nation, and the peculiar privileges of his fellow citizens. It has been proved to a demonstration, that your claim of privilege was meant as a bulwark against the encroachments of the Crown, and not as a check upon your constituents. It has been clearly shown that you have acted contrary to Magna Charta, and that the arraigned magistrates have adhered to the law of the land. Nor is this all. You have been convicted of invading the peculiar franchises of the city, and of trampling on numerous statutes made in its favour while the objects of your impotent malice have only acted according to the dictates of conscience, and the religion of their oath. You will punish them, because they, would not for the purpose of your tyranny betray their trust, and be guilty of perjury. What can be your intention in such an attack upon all honour and virtue? Do you mean to bring all men on a level with yourselves, and to extirpate all honesty and independence? Perhaps you imagine that a vote will settle the whole controversy: Alas! you are not aware that the manner in which your vote is procured, remains a secret to no man. Listen---for, if you are not totally callous, if your consciences are not seared, I will speak daggers to your souls. Whence did this motion take its rise? Where was the scheme concerted? Did it originate in this House? Is it the legitimate offspring of this Assembly? No; it is the abortion of five wretched Clerks, who, though a disgrace to this House, have the management, I beg pardon, the mismanagement, of all national affairs. These pitiful drudges brought the Treasury into the scheme; the Treasury influenced the Junta of Charlton house; Charlton-house set all the administration on motion; and the administration gave life and vigour to the machines that compose the majority: Thus are you played off, like puppets, for the entertainment of the magicians that act behind the curtain. Do you not blush at such infamy? Do not your cheeks burn with conscious shame at being mere walking plants, perfect oxen in a stall, fed by the hand of your master, and forced to draw in his yoke? By Heaven! I had rather not be, then drag such a heavy, such a galling, such a detestable chain. There are, indeed, those of whose commands I should be proud, because their service is perfect freedom. The instructions of your constituents you should be always ready to obey. But you have inverted the maxim of the Gospel, and made the servant greater than his master. You, who are only deputies or factors, have usurped a power not only superior to that of your creators, but destructive of the very rights by which they exist as freemen. In the gulf of your privileges you have swallowed up the birth right of the people,
who are ultimately paramount to all the three branches of the legislature. Had you been as tenacious of your duty as of your interest, you would have first provided for the safety of the people's rights, and then entered into the discussion of your own privileges. It is the privilege of the people to be tried by the law of the land, and to see the course of justice free and uninterrupted. Both, you have flagrantly violated, and opened a door for anarchy and confusion. But where is the wonder that you act in this arbitrary manner, when you would not allow mention to be made of the traiterous Member, who declared, in the face of day, that he hoped to see his Majesty as absolute and despotic as the King of Prussia; and that he had bought his constituents, and made of their instructions an use not fit to be named! Had you been true representatives, you would have immediately dropped, every other subject, and busied to determine any national affair, till you had removed from among you such an accursed thing, such an abomination to all honour and honesty. But you love to protect such culprits, because of such is your kingdom composed. How then, can you imagine that the people will tamely acquiesce in injuries received from men of your stamp? How can you imagine, that Britons will endure an act of tyranny, as alarming as any practised by the despot of France? Louis the well beloved erases the acts of his parliaments; and our beloved House of Commons erases the legal proceedings of our courts of record. Why, the violence of Charles the First, when he entered this House in person, and seized the five Members, was not a matter of such pernicious example! You have struck at the very root of all law and justice and endeavoured at one blow, to annihilate all our liberties.
The consequence is natural. After having assumed an arbitrary dominion over truth and justice, you issue orders, warrants, and proclamations, against every opponent, and send prisoners to your Bastille all those who have the virtue and courage to defend the expiring freedom of their country. But it is in vain that you hope by fear and terror to extinguish every spark of the ancient fire of this life. The more sacrifices, the more martyrs you make, the more numerous the sons of liberty will become. They will multiply like the Hydra's head, and hurl vengeance on your devoted heads. Let others act as they will, while I have a tongue or an arm, they shall be free. And that I may not be a witness of this monstrous proceeding, I will leave the House; nor do I doubt but every independent, every honest man, every friend to England, will follow me.
BOOKS.
Sold by ZECHARIAH FOWLE, In Back-street, near the Mill-bridge, viz.
THE Death of Abel; Caves of Conscience, by Pike and Hayward; Heaven upon Earth, by James Janeway; The Captivity of Mrs. Mary Rowlandson; The Life and Adventures of Miss Jenny Cameron; New Book of Knowledge; Whole Duty of Woman; Six Dialogues, between two young Ladies, concerning Love and Marriage; The French Convert; Pomfret's Poems; Hervey on the religious Education of Daughters; Penitential Cries; The School of Good-Manners; Serious Advice to Youth; History of the Holy-Jesus; Russell's seven Sermons; De Laune's Plea for the Non-Conformists; Earle, on the Sacrament; Choice Drop of Honey, from the Rock Christ; Good News from a far Country, by J. Parsons; Rich Treasure, at an easy Rate; Advantages and Disadvantages of the Marriage State; Mitchell's Letter to his Brother; Look ere you Leap, or a History of Lewd Women; Pleasant Art of Money Catching; Bridle for Sinners and a Spur for Saints; &c. &c. &c.
To be sold by JOHN BOYLES at his shop in Marlborough-street, next to the sign of the three Doves; An ODE set to Music, consecrated to the memory of the Rev. GEORGE WHITEFIELD, A.M. By one of his friends in Boston, New-England.
IMPORTED, In the Vessels lately arrived from England, by SMITH & ATKINSON, And now ready for sale, at their store in King-street, Boston.
A LARGE and general Assortment of English, India, and other piece GOODS, suitable for the Spring trade, which were purchased on such terms at the different marts in Europe, as enables the importers, not only to serve those retailers who purchase their goods here, on the best terms but also to supply those who usually import, their assortment, with many articles as low as they are generally imported.
N. B. Russia and English Sail Duck, Ravens Duck, Gun Powder, &c. &c. CASH given for Merchantable FORT-ASH.
Just imported by Capt. White, from London, And to be sold by
SAMUEL FLETCHER, Cheap for Cash.
A FINE Assortment of English GOODS; also a large Assortment of Paper Hangings, and Earthen Ware; Brimstone, fifteen-inches Pipes, and many other Articles.
WILLIAM PHILLIPS, Informs his Customers, That he has just IMPORTED from LONDON, by the Captains Calet, Gardner and Bryant,
A GENERAL Assortment of ENGLISH and INDIA GOODS, which he sells cheap for cash at his shop in Cornhill, Boston, three shops southward of the Post Office. Also, STATIONARY, CUTLARY, GROCERIES, &c. &c.
ALEX. CHAMBERLAIN, jun. at his shop in Ann-street, begs leave to inform his customers, that he has just received a small but compleat Assortment of GROCERIES; also, Glass, Stone, Delph, Cream-coloured and Liverpool WARE; likewise a quantity of Lamb-Black.
JOSHUA GARDNER, has received by Capt. Lyde, and Capt. Bryant, A fresh Supply of GOODS, Which he will sell at his shop in Cornhill, at his usual low price; among which are a fine Assortment.
HOSIERY from the Makers; such as white breeches patterns, black and coloured ditto; men's marbled, plain and ribbed worsted hose, men's silk and worsted ditto, cotton and worsted ditto, women's worsted hose, women's black and coloured worsted mits and gloves, women's silk mits and gloves, striped and plain worsted caps, green and crimson mock velvet ditto, with a general Assortment of ENGLISH GOODS. All which will be sold on the most reasonable terms by Wholesale and Retail for ready money.
SAMUEL ELIOT, Informs the Public, that after a long suspension of Business by his strict adherence to the late Non-Importation Agreement, he has now IMPORTED in the Ships just arrived from LONDON,
A LARGE and elegant Assortment of English and India GOODS, which will be sold at the very lowest rates, by wholesale and retail, at his shop near the Head of Dock-Square, just above the Market; where constant attendance will be given, and the favours of his customers duly acknowledged.
N. B. Having been lately in England, he flatters himself his GOODS will be found of the best quality, and the lowest price.
To be LET, a handsome HOUSE, with a well accustomed Shop, the corner of Back-street, leading to Charlestown-ferry, late in the occupation of Mr. Thomas Hickling. Likewise, two smaller TENEMENTS. Enquire at the Golden Ball
DOWNES & DOGGET, PILOTS, at MARTHA'S VINEYARD,
GIVE this public notice to all Masters of Vessels, that they have provided themselves with an excellent good pink-sterned SCHOONER, about 15 tons burthen, which constantly cruises off the Vineyard. They therefore take this method of requesting the favours of such Masters of Vessels, who chose to employ them, to pilot them to Boston, and may depend upon their care and assiduity.
JUST IMPORTED in the Captains Whitewood & Bryant from London, By SAMUEL ELIOT, jun. And to be sold very cheap at his store opposite the east end of Faneuil-Hall,
A Variety of English Piece GOODS, Suitable for all Seasons, viz.
IRISH Linens, 3-4ths. 7-8ths. and 1 yard wide, Drab, black and white Tammy, Drab and black Calimancoes, Stripped and plain Cambleteens, Double Camblets, Dorsetteens, Yard wide and half yard Grogams, Superfine black and midling priced blue and drab Cloths, Best mixed blue and drab German Serges, Kerseys, drab and blue Shalloons, Black Lasting, Duffel Blankets, Wax Beads, Cambricks, Lawns, Printed Linnens, blue and white, Dowlas, Metal Buttons, Twill and Twill Buttons, Buckram, Thickset, Check Handkerchiefs, 7-8ths. and yard wide Cotton Check, Ebony Fans, Scotch Thread, No. 4. No. 12, and No. 10, Pins, Black English Taffety, Silk Handkerchiefs, Pound Silks, Men's fine and midling worsted Hose. Also, BOHEA TEA by the chest, hundred or dozen; PEPPER by the bag or less, Nutmegs, Cinnamon, Cloves and Mace, Florence OYL, A. rum, Brimstone, Coppers, Ticklinburgs, and Osnaburgs, Russia Duck, &c. &c.
AUCTION-HALL, King-street. JOHN GERRISH, hereby notifies the Public, that Auction-Hall, in King-street, which has for some time past been unimproved, by reason of said Gerrish's indisposition, is again opened, where Business will be carried on with dispatch and fidelity.
Attendance will be given at said Hall, by a person who may be depended upon, for punctual payment, immediately after the sales. It is hoped said Gerrish's friends and former employers will renew their favours. All other persons who may have goods, new or old, of any kind, or in any quantity, great or small, to dispose off, may also depend upon being faithfully served at said hall.
N. B. Good STORES and CELLARS to accommodate Customers.
This day was published, price 6d. THE Importance of EARLY PIETY: Illustrated in a Discourse, preached at the Desire of a Religious Society of Young Men, in Medford, New England, March 20th, 1771.
By JOHN LATHROP, M. A. Pastor of the second church in Boston. Published at the request of those who heard it. Printed and sold by I. THOMAS, at his Printing-Office in Union-street. Sold also by Z. FOWLE in Back-street.
JOHN BOIT, begs leave to inform Gentlemen and Ladies, that he carries on his business near the Draw-Bridge, where he makes laced and plain CLOATHS, Ladies Riding-Habits, and Josephs. All done in the neatest manner and newest taste. N. B. Those that are so kind as to favour him with their custom may depend on being well used.
A Few Mulberry feeds to be given away. Enquire of the Printer.