The Massachusetts spy (Boston [Mass.]), 1772-01-02 00:00:00

THE MASSACHUSETTS SPY
A Weekly, Political, and Commercial PAPER:--Open to ALL Parties, but Influenced by None.
Published by I. THOMAS, near the Mill-Bridge, BOSTON.
"DO THOU Great LIBERTY INSPIRE our Souls,--And make our Lives in THY Possession happy,--Or, our Deaths glorious in THY JUST Defence!"
VOL. I.]
THURSDAY, January 2, 1772.
[NUMB. 44.
For the MASSACHUSETTS SPY. The CENTINEL. No. XXVIII.
And must Trelawney die? And must Trelawney die? Then forty thousand Cornish boys, Shall know the reason why.
An old English Ballad.
IN some of my last numbers, my Countrymen may remember, I endeavoured to lay before them what appeared to be law in the case of Libels. I now come to the matter, and after having briefly applied to determine, whether the piece signified Mucius Scævola is in law a Libel or not. Considering the affair, I shall not enter into remarks with respect to the Civil Law at present. I shall confine myself to my Countrymen, and see how Mucius is respected by our Common Law, for it is in a court of Common Law only he can be tried. Here I must premise that I shall not enter into arguments that might be beneficial, which had I acted as his counsellor, I would have insisted; such as these for instance, that he acted nothing in the matter; only lays down facts, which none can call in question, and then cries. But my province is to examine this case, clearly and seriously, and to determine the whole merit of it on the foot of law and reason. If these cannot justify him, I will give him up; if they do, I think it my duty as citizen and as a man to vindicate and support him. In the first place I would remove a difficulty in the way, and correct the fallacy and absurdity of an opinion prevalent of late among some good people, that Mucius can be deemed on the principles of natural conscience, natural Law and every maxim of a free constitution, but not in a Court of Common Law. This is an assertion big with mischief, and which as an Englishman from my soul I resent. For Heaven's sake my countrymen, where are we? Is there, can there be, a schism in our government? Is the general plan, the outlines of our constitution freed and founded on generous principles, and the same time are the laws, the regulation on which our lives, our estate, and proper depend, arbitrary and cruel? This is an assertion that I believe was never known before in English history, and I hope in God never will be again. It renders every social connexion, every thing that endears, or renders existence valuable, absolutely precarious and brings us at once into the condition of Turkey or Russia, where the principles of their constitution were originally free, yet the exertion is so dreadful to be reflected on without horror.
But I would tell these gentlemen that it is not from the private rules a court of record the arguments to vindicate Mucius are to be fetched. If the objection with respect to the process or information is overruled, the next step will be to determine that point of law, whether a paper came called a libel that contains nothing but the truth. Surely no gentleman at the bar who acts on principle, and understands the gains and the nature of common law, will estate about defending this article. If the arguments in my last number, drawn from the reason of the Law, as well as express Adjudications are undeniably true, and if they are not, let the defect be pointed out, this is a clear point, and this my countrymen is a truth which should be the last that is given up, while one blessing after another is wrenched from us by the hand of power. If this is the case that
by law the falsity and maliciousness of a writing constitute it a libel, Mucius's fate must be determined on this principle. If so, as this is a piece that relates to the fundamentals of government, the arguments to prove the truth of it must not be fetched from the rules of a Court of Record, but from the original immutable notions that constitute the essentials of government. It is true the cause is to be adjudged by such a court; but it is by no means follows, that the arguments in defence of it must be drawn from the practice of that court. The executive and legislative bodies are constituted of different materials, and founded on different principles. The legislative makes the form and the constitution of a state. It is founded and must be regulated on those primitive reasons, which induced men to leave a state of nature and enter into society. Consequently it is the supreme barrier of freedom and the palladium of our rights. The executive power only results from the legislative, and is founded on arguments, which though correspondent to the nature of this high institution, yet are relative to the particular wants and necessities of individuals. While the former is solely conversant with what relates to the being of the community, and is governed by reasons taken from those eternal and agreed maxims which constitute their basis; the latter accommodates itself to the particular cases of the citizen, determines the nature of contracts between man and man, and guards one subject from the fraud, injury or malice of another. Hence it is in governments that have a constitution founded on the same original principles which constitute a free state, yet differ in their private regulation. Thus in Sparta, which was a free constitution, theft was commendable, while in this province it is punished corporally, &c. and in England with death. If these things are so, the consequence is undeniable, where a writing relates to the fundamentals of government, to determine whether the piece is a Libel or not by the rules of Law, we must have recourse to arguments fetched from the nature of government itself. The rules of an executive court cannot be the standard by which such a cause can be tried, and though this court has power to determine and give a judgment, yet it must be on arguments founded on the fundamentals of the constitution, or it must be erroneous. For instance Mucius says, "a Governor independent of the people, is a monster." How in the name of common sense are the merits or truth of this assertion to be determined by the particular regulations of a court of justice? Is it not plain, to arrive at any determinate ideas in this matter we must in the first place know what a governor is, how he exists, and what is the nature of this political being? We must then affix some distinct notions of what the word Independency in the present case means. Whether it means an absolute jurisdiction, or whether it is not limited, &c. This is all necessary by the rules of reasoning, to be ascertained before we determine whether Mucius speaks true or no. Is it not plain, that to settle these things we must recur to principles which constitute the foundation of Government; principles by which alone all the properties of government are regulated, principles which existed long before courts of record had a being in the world, and principles which will remain eternal and unalterable, while the disposition of executive courts varies with the revolutions of time, and accommodate themselves to the policy of ages and the different genius of mankind.
But to put this matter in every shape, let
us see how this case applies itself, even to the rules of these courts of record. And let a cool dispassionate man impressed with the solemnity of an oath, take this paper of Mucius's , read it carefully and candidly. Let him throw away every prejudice that may mislead and attend only to the still voice of reason and of law. After he has thus done, I ask whether in conscience or on any principle he can declare, that the sole design of the writer was to raise sedition, and to fling government into confusion, anarchy and disorder. That what he asserts is in every thing false and untrue, that his notions of government are criminal, the production of fancy, or what is worse, that they are the offspring of malice and rooted hatred against the constitution and those in power. If he can say this, I do not know what he will refrain to say. But if he cannot, Mucius cannot be a Libeller, for in law, as was argued in the last number, all these aggravations are essential. On the contrary, is not the proposition, that a Governor independent is a monster in a free government, one of the most essential properties of such a government. This is a truth, which if given up, the barriers of freedom are demolished, and an inundation of despotism, cruelty and disorder will inevitably flow in. I shall not enter at present into the consideration of the truth of Mucius's assertion, but refer the reader for satisfaction on this point to my 22d and 23d numbers. Again, Mucius is only enquiring, only asking the opinion of his countrymen in a point, which he thinks of the utmost importance that can respect a free people. This is only exercising a right, inherent in him as a citizen and as a member of a free constitution. Admitting, to put this case in the worst light possible, that his sentiments were without foundation, and that he was mistaken in his ideas, his querying cannot be a Libel, for the intention was good. And we all know that an honest man's intention may be good, and yet his reasonings and judgment erroneous, even in this case he cannot be a Libeller, for the essential property of a Libel in Law is wanting. It is a wicked intention to do an injury, vid. the case of Brown. Trin. 5. Annæ B. R. While therefore a juror, in his soul thinks that the contents of a writing are true, that they are important, and that the publishing was so far from malice, sedition, and an intent to do wickedly, that the author only meant to inform his countrymen of what nearly concerned them, he perjuries himself if he finds this writing a Libel.
And now, my Countrymen, let me press this matter home to you. I have endeavoured, according to the best of my abilities, to give you some little knowledge of the origin, the nature and the consequence of Libels. We have seen they are the offspring of an institution that founds all its reasonings and its principles on the basis of despotism. They were obtruded on our Laws at a period the most melancholy and the most destructive of English freedom the nation ever saw. We find the notice taken of these innovations in succeeding annals, never can warrant the learning that seems to be inculcated in our day. And it is a truth, my countrymen, that ought carefully to be remembered. If attempts that are now making be carried into execution, the catastrophe of this province will soon be completed. Freedom of writing and speaking are so essential to our constitution, and to the rights we enjoy as free men, that if these are destroyed, we commence that instant absolutely slaves. Some privileges may be called properties, but this is the essence of Freedom. The former of
these, viz. Freedom of Writing is now attacked; if this falls, the struggle will be short with respect to the other. The Cæsar who dares pass the Rubicon, will soon plant his Eagles within the Walls of Rome. It is my prayer therefore, that this people may have wisdom and firmness in the day of trial. A FREE PRESS is a RIGHT never to be parted with tamely. If Mucius has not turned this Right into Licentiousness, if he has not in one title broke the Laws of the Land, or transgressed the duty he owes as a citizen and a freeman, and that he has not I appeal to my arguments, the consequence is plain; the crushing Mucius , is the crushing the Press itself. If TRUTHS uncontested expressed in a decent, manly way, prove the destruction of the Printer, an Imprimatur is established. Who will now dare to assert his right? The consequence will be all opposition in the cause of freedom is removed. A tyrant can at ease and with rapidity add crime to crime, while the people not knowing, not understanding, and therefore not realizing their situation, fall an easy prey to tyranny and cruelty. A despot may now make the same boast as HE of old, veni, vidi, vici . Let these things influence my countrymen, and let this argument have due weight, Posterity will be concerned IN THIS DAY's STRUGGLE . Yes, let me repeat it Posterity will be concerned IN THIS DAY's STRUGGLE . The motive that is fetched from a man's private happiness is low and unworthy. Those enoble a man, which open into futurity and run parallel with time itself. The man that acts from such principles, if he attains his end is happy in the consciousness of them; if he is unsuccessful, they will keep him from being wretched. Agreeable to Mr. Pope,
Who noble ends by noble means obtains, Or failing, smiles in exile or in chains, Like good Aurelius let him reign, or bleed Like Socrates, that man is great indeed.
For the MASSACHUSETTS SPY. Mr. THOMAS, Please to insert the following.
THE publick are made acquainted in the Massachusetts Gazette of the 5th of December with the travelling of some person (who it is I cannot tell but believe it to be honest Chronus) to the westward, and of his conversation with a substantial farmer about the times. If I am right in my guess, that Chronus was the traveller, I beg leave to doubt the truth of the conversation, and I believe that I shall not be thought guilty of a breach of charity in doubting the veracity of him, who has told us that all our grievances are imaginary. But I will suppose the conversation to have been just as it was represented, and that it was with one, who had been a favourer of what is called liberty. It would have been better expressed thus, of what is called liberty by Chronus and his retinue. This said farmer seems to be of the opinion with some others, that the press ought to be restrained, and grounds his sentiment upon the damage which the liberty of it has done, without once considering the torrent of ruin which the total restraint of it would introduce. He charges the writers against administration with a defect of proof to support their assertions. I have a right to demand a proof of this, and think he discovers no small want of modesty in being guilty of the same crime, of which he accuses others. He tells us that if all the country was of his mind, an effectual stop would soon be put to the sale of the papers, and consequently the press would be but very little protected as

A PUBLICK spirit of the people, and he among men of substantial rogues would have a glo- of this opportunity of rioting on the spoils of HUNDRED country. This leads me to give some premiums for of this farmer. He is no small MULBERRY of money, that root of all evil; he loves VICE is country, so far as it coincides with his that such own interest; he will get an estate honestly to pur if he can, but he will be sure to obtain it; it is an invariable maxim with him to love and obey all rulers (bad as well as good) and to urge obedience to them from every one, and to stigmatize those who cry aloud when they see large strides towards despotism, and con- sequently view liberty tottering from its basis. He is no enemy to idleness, if he can in any way get money from the people to support him in it; and from hence he may be looked upon as one of that number, whom Philan- throp formerly called the better sort of people. The traveller tells us during the rest of his journey he discovered the same temper in ge- neral, in every town as far as he went: But did not meet again with the frank ingenuous confession of the farmer. His own expres- sion leads me to doubt the truth of what he asserts. He acknowledges that he did not a- gain meet with the frank, ingenuous confes- sion of the farmer; from hence it may be inferred that he had at that time an admirable faculty of determining the temper of the peo- ple by their countenances. His mode of ex- pression is not the only thing which induces me to doubt the truth of what he says. I am well acquainted with the sentiments of the inhabitants of many of the towns in the west- ern part of this province, and from this know- ledge undertake to declare that the people in general in that part of the province are of o- pinion, that the whole continent labour un- der great grievances; such as are well worthy the efforts of every American to obtain the redress of. The crime of detraction and slander is represented by him as a great mor- al evil. I agree with him in it, and wish he had painted in the same lively colours the en- ormous guilt of a parricide. He concludes his performance with a censure upon ven- erable body the clergy of this province. He says that they (the clergy) often tell us of the horrible sins of Sabbath-breaking, non- attendance upon publick worship &c. and wishes they would often tell us of such gross immoralities as calumny, &c. It needs no great share of sagacity to determine that he views every effort to stop the progress of ty- rants to be slander, calumny and detraction, and in short to be the most gross immorality: And, that he looks upon Sabbath-breaking and non-attendance upon the publick worship as sins that need but a very slight repentance, which a very few tears will wash away. The clergy I do not doubt esteem his censure praise. Instead of the papers having no sale, I hope and wish that ten may be taken in a town where one is at present, and that every other encouragement may be given to the press, and that the liberty of it may end with time.  PHILO VERITATIS.
For the MASSACHUSETTS SPY. To all those who are Friends to RELIGION and LEARNING, and have the in- struction of Youth. THOUGHTS on EDUCATION. THE instruction of the youth being a matter of infinite importance to the prosperity and happiness of society, as well as individuals every attempt to throw light up- on this interesting subject must be acceptable to the public. To promote learning, and virtue, has been the study of the wise and benevolent, in all ages and nations of the world. And to cultivate and polish the ris- ing generation, illuminate their minds with knowledge, form them to virtue, and fit them to be ornaments and blessings to man- kind, has justly been esteemed one of the most noble and important employments that can exercise the humane mind. May this grand, universal concern, ever engage the attention of the inhabitants of America; and a noble passion animate every man to contribute something to human felicity, and the welfare of his country. What we shall now consider is the im- portance of teaching youth to read with pro- priety and distinction, so as to enter into the spirit, and convey the ideas, of an author; and likewise the impropriety of teaching them to read in bibles, and the ill conse- quences of such a practice. It is well known that there are but few,
even among those who have had a polite edu- cation, that can read in a graceful manner; with that easy natural air, accent and em- phasis, which distinguish the orator when he enters into the spirit and conveys the ideas of a writer, in the most agreeable light. To acquire this great accomplishment, persons should begin to study the art of speaking; as soon as they can read. And as no person can read well unless he understands his sub- ject, it is necessary for youth to have books which are level to their capacity, and sub- jects that are engaging to their minds. Such as dialogues upon the most useful and pleasing topics. In reading a dialogue there should be as many boys as there are persons represented, and each boy personate one: This method will make it entertain- ing, and greatly contribute to their reading and speaking in a proper and pleasing manner. The advantages that will accrue by this method of instruction, are many and great; this will unite pleasure and profit, (which is the great art of teaching) for the youth be- ing agreeably entertained with those familiar and pleasing dialogues, will give greater at- tention to their learning, and acquire it with very little expence of time or trouble to their instructors. The pleasure, as well as ad- vantage, that accrues to him who is master of the art of speaking, is obvious to every one, and therefore the importance of ob- taining it should engage their attention. The common practice of teaching youth to read in the bible, has been often and justly censured, as being productive of many bad consequences; but, as in many other cases, custom has prevailed against the clearest rea- son and demonstration. A short history of the bible would be a very proper book for a school, but the bible itself is not calculated for that purpose; for the language and the ideas it conveys are above the capacity of children to understand; and therefore, for the reasons above mentioned, not suitable to instruct them in the art of reading. Another objection, still more weighty, is, the bible being used as a common school book the youth consider it in the same light they do other books, which are designed only to learn them to read, and pay no regard to its sacred contents. Besides, as they are often compelled to read, what is quite unintelligible to them it becomes a disagreeable task; and begets an aversion in their minds to the scrip- tures. By these means they get a habit of treating the bible with the same careless indifference as they do any common book; read it without seriousness, or attention, and lose all sense of its being the word of GOD, the rule of life, and only guide to eternal hap- piness! When once this evil habit is contract- ed, it is very hard to free the mind from it, im- pressions made on young minds, are com- monly deep and lasting; and wise men have found it extremely difficult to wear off an ill habit, or bad impression, by the utmost efforts of reason when arrived to its maturity. Per- haps none can perfectly do it during life. And it is very evident, that one principal cause of that careless inattention with which people in general read the bible, is that now mentioned; an evil, which if possible, ought to be reme- died. To do this, the Scriptures should be read with a view only to moral instructions. -- Learning to read, never should be mentioned to youth as a motive for reading the bible. Spiritual instruction, the knowledge of GOD, and way to heaven, should be the grand in- citements set before them to engage their minds to study the sacred oracles, which alone can shew them the paths of honour, and hap- piness, and make them wise unto eternal sal- vation! -- That the youth should be taught constantly to read in the bible, is of very great importance, and as soon as they can read, they should employ part of their time every day at school, as well as at home, in reading those parts of scripture which they are capable of understanding; for this is the way to improve their minds in the knowledge of divine things, and the purest morality which is the most im- portant part of education this is the principal thing, the first and grand concern to be at- tended to in forming the minds of youth, and without this, all other instruction is of little or no value. But the objection still remains in its full weight against using the bible as a common school-book to learn to read. It is true, that the youth will learn to read by reading the bible for moral instruction, but the former never should be proposed as the de-
sign for using the bible the latter alone should be mentioned to youth, and insisted upon as the great end and all-important design of stu- dying the oracles of heaven. As the sun of learning rises fast in these western climes, and the beams of knowledge are spreading far and wide, if moral instruc- tion, and forming the minds of youth to religi- on and virtue, is made the principal part of education, what polished and glorious times may we soon see in America. AN AMERICAN. For the MASSACHUSETTS SPY. Mr. THOMAS, I THINK Husbandry not only the most natural and pleasant, but the most digni- fied profession that ever employed mankind; these have been my sentiments, and that has been my employment for many years, you may therefore suppose it gives me great plea- sure to find in your paper any attempts to revive and improve it. All countries have rose in greatness, and been distinguished in proportion to their attention to, and excel- lence in, this business; Judæa, Egypt, and the Campania of Italy, were once striking instances of this truth, and supported innu- merable inhabitants abounding in all the con- veniences and luxuries of life, with very few, and one of them at least, with no other ad- vantages: Nature seems in a particular man- ner to have prevented the necessity of one part of the Husbandman's art in Egypt, I mean the fertilizing the soil; but no doubt can now be made, that the fertility of the o- ther two was owing entirely to the skill and industry of the inhabitants, and certainly their skill and industry, in that way, must have greatly surpassed ours, if we may judge by the amazing consequences, and the contrast now observable in the face of those countries: It is but justice however to say, that consi- dering the difficulties we have had to en- counter, without any support from an un- grateful state, which, not contented with a very large share of our labour, have clogged instead of assisting us. We have performed wonders even in the profession of Agricul- ture, it remains now that the public virtue, economy, and interest of this people unite to carry on the improvements in husbandry, the basis of all others, to such a stage as shall render this country, the fair inheritance of our virtuous ancestors, independent of any other; this I wish for with ardour and sincerity, and shall at all times be ready to contribute my mite, to make my countrymen wise and hap- py. Tillage and the proper application of manures are the two great pillars upon which the science of husbandry rests, to which may be added the investigation of new sources of manure to supply a deficiency which is the greatest difficulty the practice of Agriculture labours under. The culture of trees is very simple, and is so well known to require little more than a small degree of care and atten- tion, and promises great advantages, more especially that of the Locusts and Mulberries; whether we consider them for ornament, shade, enriching the soil they grow in, or the goodness of their timber, and particularly the last of them for producing that valuable arti- cle of Silk, from which the greatest advan- tage may be derived both to individuals and the public. Madder, another valuable arti- cle, is easily cultivated, as described in Hale's Collection from the first setting the roots till prepared for a market. Hemp which among many other advantages will afford employ- ment for people in the winter when little else can be done. Carrots, turnips, potatoes, cab- bage, &c. to supply a deficiency of fodder, and by that means alleviate in some measure the disadvantage we are under from the se- verity of our winters. Clover, and the other artificial grasses, these and many other arti- cles of value, I should be glad to see discus- sed and treated on by your ingenious corres- pondents, but above all I hope they will con- tinue to encourage and support a good con- stitution of government, from which alone we have rose to what we now are, and from which alone we can ever expect to be a hap- py and flourishing people! May they then go on to oppose, with vigour, that torrent of tyranny and oppression which will, if success- ful, tare up the finest flowers we can by the greatest skill and industry raise, and reduce the finest countries to a desert. The Histo- ry and present state of the countries I have mentioned above, exhibit strong proofs of this, and as like causes produce like effects,
do abundantly justify my assertion; those countries were once gardens, and are now scarcely habitable, and one of them quite destroyed, and all this the effects of arbitra- ry government! how necessary is it then for us to guard against every approach of it, and more so surely against the firm and perma- nent establishment of it. We are certainly verging very fast to the unhappy situation those and many other fine countries are re- duced to. We have now our Bishops as in Turkey, independent of any check or controul from the people, Task-masters, Collectors of arbitrary and unconstitutional taxes, supported by fleets and armies, in pos- session of our strong holds, and all other the apparatus of despotism on one hand, and sla- very on the other. These are my real sen- timents, detached from any party and inter- ested views, they are not the reveries of fac- tion and rebellion, but the sober, fair and candid determinations of reason; and when I view the state of things here; I must own I can scarcely suppose it possible for any man really and sincerely to be of a different opin- ion, whatever he may pretend. There is reason and argument, truth and right, on one side; power and influence on the other, employing every engine and every delusive art to suppress truth, and darken by sophistry the clearest system, and constitution of gov- ernment, and with obloquy and defam- en in her train, to blast the character those who have virtue to oppose them, whose arguments they cannot confute. will not permit me more than bare- mention the fatal effects of Despotism the morals, and consequently upon the na- ture as well as present happiness of a pe- by darkening their understandings and destroying the distinctions between virtue vice. The present situation and cir- stances of things here, tho', are very im- tant in their nature and consequences, deserve our attention accordingly. Our cessors purchased for us in a manner will ever command veneration and re- Freedom both civil and ecclesiastical, handed it down to us, not only for oursel- but in trust for our posterity, how then the man who disgraces himself, and betra- his trust for a pension or salary, the smiles and favours of a great man, or an insignifi- cant place, think to justify it to his own con- science, or stand the honest indignation and curses of posterity: Let him consider that  'Men may live fools, & fools they cannot die.' We have prayed, we have intreated, sup- licated, petitioned, dressed, to no purpose, and long suffered with patience and submission; what they call prudence is a weakness, and timidity a vice: LET US ROSE then! Dignify our own characters and that of the generation we live in: Let us SURN the TYRANTS, PULL DOWN the TYRANNY they exercise; and, if we have now no constitu- tion, but of this we should be very cer- tain, let us form and establish a system of Government WORTHY OF FREE- MEN, and the Sons of Freemen. That the Farmer may go to his fields, the Mer- chant, Mechanic, &c. to their business, not only with safety, but with animating pros- pects, these are the sentiments and wishes of your friend RUSTICUS. For the MASSACHUSETTS SPY. To T-----H-----, Esq. SIR, NOTWITHSTANDING your appa- rent ascendancy over the reprehensi- power of any body politic in this commu- nity, I cannot deem myself fairly acquit- ed of my duty without giving you a little share of wholesome admonition, in common with the rest of my countrymen. Were you as ignorant as some have accounted you wicked, I should despair of having the least influence upon you by any argument; but as it is, I shall offend none that will not strictly apply to yourself. As matters now stand with us, you will not deny we are under an absolute despotism. The government of British America, by mi- nisterial instructions, differs nothing in kind from that of French or Spanish America, by royal command; and taxes you are sensible will soon be imposed at pleasure, if things go on easy. You know to what a wretched condition the several measures have reduced the once noble and generous Spaniard; and how speedily that nation, as involved in the

deepest misery after the crown had usurped and confirmed to itself the power of taxation. Universally aware of their tremendous consequences, you cannot believe an empire of wise and independent freemen will submit to them without a struggle. In the terrors of that dreadful day, perhaps not very distant, those favourite heirs to your so dearly purchased acquisitions, may share a heavy part. But should they even escape, who could wish, for any consideration, to see his country reduced to a state of civil wars, burnings, plunderings and cruel executions, and have it pass to future ages, that himself was a very active procurer of it? Your namesake of Glasgow, very wisely tells you, that the publick security is the only certain security of every individual; and he and many other good authors assure us, that public justice is the only stable basis of public felicity; without which private felicity is impossible. Figure to yourself another Tryonian expedition; suppose you saw another Captain Merrel, whose superior courage had retained him on the field while two thousand cowards ran away; suppose him taken and condemned to die, for endeavouring to prevent a conspiracy of villains from ruining him in defiance of right and positive law; could you restrain the tear? Could you view the loving wife and tender child, embracing the kind husband and indulgent parent on the verge of eternity, and not relent? If you could in my presence, I would freely give a fresh example of enthusiasm to which many modern infidels feign, too great an incredulity. Life on the terms of the slavery of ourselves and posterity is a dirty bargain, when mine appears irretrievably so, I shall feel little anxiety for its longer duration. I am positive, sir, I am far from being alone in this sentiment, and I cannot think that the publication of it can be a disadvantage to you or to mankind. Rods, you remember, conquered the army of slaves; but rods brought against an army of my disposition, would hardly be carried home again. For men wantonly to cut the bonds of human society, and render themselves the avowed enemy of every man of sense and spirit in a whole empire favors of much hardness and timidity, or ignorance and stupidity. Of the latter till of late, you were by no means generally suspected; but your conduct towards Mr. Thomas and J. Greenleaf Esq; will hardly bear examination.
Mr. Thomas a young man, dependant entirely on his business, set up in this town, rather plentifully stocked with well established printers, and opened a paper with the catholic declaration of being open to all parties but influenced by none. And to this profession he affirms he had ever acted in strict conformity; refusing nothing on either side that could be offered without nauseating the public. If your flatterers are so far inferior to their opponents that their zeal in your cause dis-served you, it was not the printers fault: you have had as little to boast from the worthy and impartial Messrs. Fleets; yet with them I have never heard you had any difference.
If at that particular time the tide rose high against you, you must remember these were moving Provocations. You had in all your transactions with the legislative of this province behaved with so cavalier a spirit, as convinced every one you regarded them no more than a Turkish Bashaw would a group of his menial servants. You pleaded instructions to hold them in duresse--you caused their committees to wait upon you at inconvenient places--indeed you insulted them with a sarcasm; as if it had been an improper assumption for the Representatives of the people, to stile themselves his Majesty's commons of the Massachusetts Bay. To this was added your refusal of a salary from the grant of the people, which manifested you utterly in another interest, as you in your closing speech declared you really were.
These things where then pretty warmly told you, and yet remain unanswered, under the evasive pretence of your despising such impotent calumny. Had you not read this best vindication your friends could make for you, one might overlook your mean interpolation in the affair of the Theses, but not content with the contempt you enured in that low expedition you must forthwith engage in another. Unable to answer you would silence enquiry into your right of absolute controul over a state, in which, nineteen twen-
tieths, are each individual, by charter, as independent as your master. If you assume a controul over them, in any wise inconsistent with this position, you claim a power with which no man has a right to invest you; which claim all political writers term usurpation. I argued this point with you in a former paper, and you summoned Mr. Justice Greenleaf to appear before you in council to answer to it. He knew you had again gone beyond your last, and treated your summons as it deserved. You still keep cobbling a wretched pattern, which all your art will never form into a tolerable any thing, nor all your care in this engagement prevent your bench from sticking to your breeches.
But to conclude with you in a more serious stile and manner, I will acknowledge you are among a few candidates for an unrivaled fame, if success should vindicate the impracticability of saving so many millions of men among whom are many thousands wiser than yourself, without the aid of military force, or even that of corruption. The man that would bestow himself for an als for you to ride on, deserves to be laid ed indeed, and while till his entrails fall out, to pay him for his compliance.
MUCIUS SCAEVOLA.
From the GAZETTEER. THE Romans preserved their liberty, till the love of luxury had spread itself through every order of state, and till dissipation had rotted every public principle out of their breasts. The pestilential rage for pleasure begot extravagance--extravagances, poverty--the want of virtue rendered the high and low ready to adopt any measures to purchase the means of restoring their gratifications, though at the price of their country's freedom--their country's happiness. The ambitious availed themselves of their necessities, and of their universal depravity, and fed their insatiable appetites, to gain the power they aimed at. The most absolute monarchy was erected through the venality of the people--and yet all the ancient forms of freedom were preserved. The Consuls--Praetors--Tribunes, continued to parade in Rome--and the Senate assembly regularly, as in the times of its glory. But the Consuls, Senate, &c. met, only to confirm the arbitrary oppressions of the Emperor, and decree servile applauses for the most tyrannic acts of power.
The venality of our electors, and of the majority of our Parliament, prove that this nation is ripe for destruction. Patriotism is made a butt for ridicule. Those are laughed at who stand forward in the cause of liberty--and the idea of a free representation is considered as an Utopian scheme, as the Chimera of a distempered brain. To barter one's abilities for lucrative offices (though at the price of supporting an unprincipled, ignorant, arbitrary, despicable Ministry, in its attempts to enslave and ruin us) is thought a justifiable use of talents, and that the opposite conduct would be to qualify the patriot for Bedlam.--Lord Suffolk and Mr. Wedderburne are spoke to by men of character!--The being abandoned--void of every sense of honour--destitute of shame--and callous to every feeling of a gentleman, are the strongest recommendations at St. James's and the best grounded pleas for obtaining power and riches!--and to purchase, what? An undue influence in Parliament. For what purpose? To shield the Ministry from danger. To enable a set of worthless slaves to overturn a Constitution, the work of ages and the admiration of the universe! A King of England is fond of pagantry, loves grandeur, is gratified by being flattered. I affirm that such a King defeats his own purpose, if he aims at being despotic. Is not a King courted by Foreign Powers, in proportion to the figure his kingdom makes in the eye of the world? If a King is fond of praise, is it not more flatteringly delightful, as well as more glorious, to receive it from the universal acclamations and addresses of a whole people, in whose hearts he governs, than from a few interested courtiers, while the body of the nation execrate his measures? A King of England, who wishes to take advantage of the profligacy of his people, and to make a venal Parliament the engine to erect monarchy on the ruins of freedom, will in his own destruction, meet with his reward.
A King of England can never wish to set up any authority above the laws, unless he is anxious to govern contrary to their spirit. While he has nothing at heart but the welfare and dignity of his kingdom, the laws are no obstacles to his desire. They are a sanctum to his measure. They offer his power. When he es-
poses the privileges of any body of men, as being superior to their force, he discovers his wishes to establish the sanctifying resolutions of a venal majority, above the known, unalterable bulwark of our liberty. No motive can actuate such a King, in such a conduct, but the pitiful desire of being absolute, and throw laws aside that interfere between him and his childish babble.
We will suppose the so much desired plan accomplished. Britain, no longer free. The will of the Minister is the only law. The only use of the Parliament is, to approve actions--vote him money--and to present him with its privileges to overturn Magna Charta.
Why then I will assert, that the epocha, which dates us slaves, will mark us cowards. The sons of Britain will no longer press forward with vigor in the field, or on the ocean, when they no longer can return from their services into the bosom of independent liberty. Men, who wanted spirit to make a terrible example of tyrants, and who could submit to bow their necks to the flavish yoke of Tories, would never have courage to face an enemy, or feel any sentiment to stimulate them to maintain the renown our name acquired, while freedom kindled the flame which made them burn with the love of conquest, and a contempt of death. Cowards in their children's cause, after submitting to arbitrary power while they had life to wield the sword, and after having preserved breathing during the caprice of a tyrant to bleeding the last drop of their blood in defence of their country's rights, they will be indifferent who are their masters--and would even feel a pleasing revenge in surrendering a King to a foreign yoke, who could prefer being tyrant of slaves to the beloved Monarch of the affectionate freemen.
Property, and liberty, no longer secured by known laws, adieu to industry--adieu to commerce; and with these, adieu to our naval superiority. The manufacturer will no longer work early and late, when his wages are no longer insured to be his property, and his back is liable to the lash of despotism. The merchants will not have goods to traffick with, and he will be no longer anxious to amass riches, to fill the pockets of Ministers. His ships will be at the mercy of foreign enemies--and the state, deprived of the sinews of war, and our fleets and armies of courage--we become an easy prey to the continent, and a province of France. In obtaining unlawful power, the foolish King of England who established it would most infallibly become tributary to France, and despised by foreign kingdoms, in proportion as he was hated and abhorred by his own.
From wishing to be a King, independent of the laws, and over ruling their power, he would sink into the mere petty governor of a province; and he would hold the government of the province of England, only during the pleasure of France--a nation, who, while Britain was free, had their ports blocked up by our fleets, and were defeated wherever we sought them. Such would be the change! And, to this change, we are making very quick approaches!
BRUNSWICK.
THURSDAY, January 2. BOSTON.
Governor Tryon has issued a proclamation against a number of persons, who, he says, under title of a claim from New-Hampshire, have encroached on Lands, they have no right to. He warns all magistrates to be vigorous in the exertion of their duty, and to take care that the laws be duly observed. Perhaps a new expedition is in contemplation by this enterprising genius. Under the conduct of General Tryon and Lieut. Colonel Howard, a series of important events may take place. Should this be the case, we hope the same consequences may not take place as ensued at Alamance, unless by the Laws of mutatis mutandis .
We are credibly informed that the governor has received a letter from Governor Tryon, requiring a settlement of the line between this Government and New-York.
The inhabitants of this town, are desired not to put their ashes in any wooden vessel, lest they fire their houses; and in order to prevent their pumps from freezing, they are requested just before they go to bed, to see that the standing water be pumped out, as it would be a great misfortune, in case of Fire in the night to have pumps froze.
Bryan Sheehan, who is to be executed at Salem, is further reprieved to the 16th inst.
MARRIED! Mr. HENRY Merchant, to Miss Elizabeth Samuel Ruggles, jun. to Miss Holiday, Daughter of Mr. Ebenezer Mr. George Deblois, of Salem, to Miss Deblois, Daughter of Mr. Lewis this town. Captain William Davis Elizabeth Codman, and Captain El Jones, to Miss Catharine Codman, Daughters of the late Captain John Codman, of Charlestown.
DIED. Mrs. Mary Cushing, only Sister to the Honourable Thomas Cushing, Esq. Mr. Furell Thayer, youngest Son of the late Deacon Thayer.--Mrs. Hannah Cazneau, consort of Andrew Cazneau, Esq.--In England, the Rev. John Gill, D. D.
The Printer of The Massachusetts Spy, wishes his Customers a Happy New Year, that their Speculations may be turned into another and more agreeable channel. Let the Tyrants and Oppressors of the Earth be no more! but may you have occasion to address the King as the Father of this People, and all subordinate Rulers as the Friends of Mankind! because, Friends to their civil and religious Liberties, and Guardians of the Laws and Constitution of their Country. The printing panegyrics on good rulers would be more agreeable to him, than administering corrective correction to those that are otherwise.
The London and other papers, contain no very important intelligence, otherwise we should have omitted a piece of speculation to have made room for it.
** Commentator, and the Monitor, &c. &c. must be omitted for want of room. The Printer acknowledges the favour from Philo Patrio, but begs to be excused from publishing it, as it would appear with more propriety in another paper.
Domestic Intelligence, Advertisements, &c. omitted, will be inserted next week.
To the PRINTERS. WANTED immediately, a Journeyman COMPOSITER that understands the business, and will keep steady at it. Such an one will meet with constant employ and good wages by applying to the Printer hereof. A single man will suit best.
Imported in the last Ships from LONDON, And to be SOLD by SAMUEL PARTRIDGE, At his shop near Dr. Sylvester Gardiner's, in Marlborough street, A LARGE and COMPLETE Assortment of GOODS. The particulars in our next.
WHEREAS the Copartnership between HANNAH and HEPHZIBAH CARNES is mutually dissolved, this is to acquaint those who have had any dealings with them, that the business is still carried on, at the said shop, near the Town-pump, in Cornhill, by HEPHZIBAH CARNES, who makes for Sale, Hats, Clokes, Caps &c. in the newest taste, where also may be had, on very reasonable terms, a complete assortment of Milinary and other piece good, too numerous to particularize in an advertisement. Those who please to favour her with their custom may depend on being well used, and all favours gratefully acknowledged.
NOTICE is hereby given, that the copartnership between HANNAH and HEPHZIBAH CARNES is mutually dissolved, and that HANNAH CARNES has removed to the shop opposite to Mr. Cranch Watch-Maker's near the Mill Bridge where she has to sell, a large and complete assortment of Millenery and piece Goods. Among which are Book Muslins 6 4ths and yard wide, Blond Lace, and Queens Gauze, rich flowered and plain spotted and lace Satins, Silk Gloves and Mitts of all sorts, with many other articles for the Ladies, to many to be enumerated. She also continues the making of all kind of Hats, Bonnets, Caps, Cloaks, &c. Bohea Tea to be sold by the dozen or small quantities. And those who please to favour her with their custom, may depend upon being well used, and all favours will be gratefully acknowledged.
To be LET, A Handsome ROOM suitable for an office almost opposite the new Court-House. Enquire of the Printer.

A PUBLICATION of this sort... MULBERRY TREES. PUBLIC NOTICE... By JOHN OWEN, D.D. Printed and sold by I. THOMAS, near the Mill-Bridge, Boston.
WANTED immediately, 1000 bushels of INDIAN CORN, for which the cash will be paid upon the delivery, by ABEL WOOD, at Mr. Robert Gould's in Back-Street, Boston.
BENJAMIN BURDICK, jun. At the Free-mason's Arms, and Green Dragon, ENTERTAINMENT for Men and Horses. N. B. Large CELLARS to be let, under his house.
LITERATURE. The Gentlemen of New-England who have already subscribed, and all those who are animated by the wish of seeing NATIVE FABRICATIONS flourish in America, to as practically to lend a nurturing hand towards the advancement of this infant Manufacture by speedily SUBSCRIBING, (no Money expected but on the delivery of an equivalent) are requested to observe that
THE FIRST VOLUME of COMMENTARIES on the LAWS OF ENGLAND. By SIR WILLIAM BLACKSTONE, KNT. One of the Judges of the Court of Common Pleas. Printed on a large Type, page for page with the last British edition, is now ready to be delivered in neat Law-binding, at the small price of TWO DOLLARS, by ROBERT BELL, Bookseller, at the late Union Library in Third-Street, Philadelphia, although the British edition of this volume is sold for above six Dollars.
** The second Volume of said COMMENTARIES is now in the press, and the subsequent Volumes viz. The Third and Fourth, which compleats this elegant Work, will be published with all the expedition which is consistent with correctness in so large an undertaking.
N. B. The American edition of Robertson's History of Charles V. 3 vols. for Three Dollars, in blue boards may now be purchased from said BELL: He also receiveth subscriptions for an American Edition of Hume's History of England, and Furguson's Essay on the History of Civil Society.
The above Works are sold, and subscriptions for those now in Contemplation to be Re-printed in America, are received by EDES and GILL, at their Printing-Office in BOSTON.
The Subscribers for Robertson's History of Charles the Fifth, who have neglected to call or send for the 2d and 3d vols. are requested to apply to Edes and Gill, at their Printing-Office for the same as soon as may be.
JOSEPH PEARCE, Has imported in the last vessels from London, and has to sell at his shop at the north side of the Town-House, Boston, a large and General Assortment of
ENGLISH GOODS; Amongst which are,
MUFFS and Tippets, Fur Trimings, scarlet and other coloured Broad Cloths of all prices, scarlet Whitnies, plain and knaped Beaver Coatings, Bearskins, Kerseys, Serges, Flannels, Baizes, Shalloons, Tamnies, Durants, Calamancoes, Russells, Camblets, plain and striped Cambleteens, Denmark Lustres, Miffinets, Grizets, Ala-peens, Rich Poplins of a new fabrick, Crapes, yard wide Stuffs, Irish Linens, Checks, Diapers, Damask and Diaper Table Cloths, Dowlas, Silk and Linen Handkerchiefs, brocaded Shoes and Clogs, English and Lynn made Shoes and Pumps, Goloshes, Pattens, Ribbons, Threads, sewing Silk, Buttons, Quality and Coat Bindings, Ladies most fashionable Caps, &c. &c.
N. B. Best Hylon, Bohea and Souchong Tea, Spices, Superfine Flour, English Loaf Sugar, Glass and China Ware, &c.
SILKS. Rich Brocades, rich Rose coloured Damask, Padufoys, Ducapes, stript flowered and plain Lutestrings, Persians of all widths, Sarsenets, Alamos; rich plain white, and blue Sattins, black and white and black and pink Lace Sattins, and other sorts for Ladies.
POST-OFFICE, Boston, Nov. 26, 1771. THIS is to inform the Publick, That the SOUTHERN RIDER, now goes through Providence and Bristol to Newport, and sets out from this Office on Mondays, precisely at One o'clock; that all Letters, intended to go by that conveyance, must be in the Office not exceeding twelve o'clock on said day. By order of the Deputy Post-Master General. T. HUBBART.
Potash Kettles. To be SOLD, by SMITH and ATKINSON, At their Store in KING-STREET, POTASH Kettles, cast at Salisbury, in Connecticut, (in clay cores) from the best mountain ore, far superior in quality to any kettles cast in this province from Bogg ore, which being so very liable to crack when first used in melting down the salts, the manufacturer of Potash is thereby not only subjected to considerable expense and trouble in procuring other kettles, but frequently disappointed in working his stock of salts in the proper season.
These kettles have rarely been known to fail till they are worn out, in many of which above thirty tons of Potash have been made, and when useless for that purpose, a pair of them is valued from 4l. 10s. to 5l. 10s. for the forge, to work into bar iron, the Salisbury metal being allowed the first in America, for making the best tough bar iron. The Bogg ore kettles are of no value for the forge, exclusive of the great risque of their cracking before one ton of Potash is made. Now ready for Sale, by
SMITH and ATKINSON, At said Store, a large and general assortment of EUROPEAN and INDIA GOODS, Imported in the last vessels, which being brought on the very best terms will be disposed of (by wholesale only) at such prices as shall give full satisfaction to those in town and country, who purchase their assortment here, and also invite those who usually import their goods, to apply for many articles to compleat their assortments.
N. B. Gun powder, Russia and English sail Duck, &c. &c. &c. Just imported in the last vessels from LONDON, and to be sold, by
JOSEPH PALMER, At his Store in King-Street, North-Side; A Very large assortment of 3 4ths, 7-8ths, and yard wide Irish linens, Irish and Russia brown and white sheetings, housewife cloth, dowlas, Russia linen, osnaburgs, ticklinburgs; a few pair of very beautiful candlesticks, and glass waiters.
N. B. The above goods were purchased at a very low rate in England, and will be sold cheaper than can be bought in any store in Boston, for cash only. Choice Dumb Fish
Whereas PARK WOODWARD, has opened, and keeps, a PUBLIC VENDUE facing Faneuil-Hall Market is Boston, and sell Goods at public Sale every Week Night, and at private Sale a Days, by Wholesale or Retail on the lowest Terms. And likewise on the first Thursday and the last Thursday in every Month from Eleven o'clock to One, to take in and sell Horses and Watches at Public Vendue, at the usual commission of five per cent, and all Gentlemen that have a Mind to favour him with Business of that Kind, shall be served with the greatest fidelity by their Humble Servants abovementioned.
To be SOLD by ALEXANDER STEELE, In Marlborough Street a little south of the Governors.
WATTS's Psalms and Hymns, with Hymns for Baptism, bound in one Volume; Brady and Tate's Psalms, Gilt or Plain, Massachusetts Calendar, Ames's and Low's Almanacks, Bibles, Testaments, Spelling Books, Psalters, and Primers. Books Bound, Gilt or Plain, in the neatest manner and all very Cheap.
TO BE LET, A SUGAR HOUSE at the North End, with utensils for carrying on the Sugar Baker's Business. Enquire of the Printer.
Fresh Imported by RICHARD SALTER, And to be sold at his Shop in Cornhill Boston, Extremely Cheap, by Wholesale and Retail,
A FINE Assortment of Winter Goods, Among which are, Very handsome Furr Muffs with and without Tippets, milled Gloves and Capps, 7 4ths. 8 4ths. and 9 4ths. Blankets. striped Duffle ditto, superfine 8 4ths. Lambkins for Surtouts, crimson, green, and black fine Hair Plushes, a fine Assortment of Cotton Velvets half ell wide wove with a Wail, Womens black Silk Velvets, Velvet for Capes of most Colours, together with most Sorts of Goods for Mens and womens wear. Also Cinnamon, Mace, Cloves and Nutmegs, Pepper, choice Bohea Tea, Writing Paper, Ink-Powder &c. Also the best Lynn made Shoes as usual.
This day published, AMES's ALMANACK, for 1772. Sold by EDES & GILL, and T. & J. FLEET.
FREDERICK ROBERTS, Has brought with him from LONDON, A Compleat Assortment of JEWELRY, And other Goods, which consist of the following Articles, viz.
PATENT Afs-skin memorandum books, pocket books with and without instruments, patent razors, ditto pen-knives, scissors, steel snuffers, cork-screws, sugar nippers, pocket pistols, steel sword chains with swivels, and swivels for ditto, steel watch chains, key swivels to hook to the side, painted japan waiters, bread baskets, sugar tongs, candlesticks with snuffers, &c. compleat pinchbeck, shoe, knee and stock buckles, gilt and not gilt, Ladies gilt watch chains; silver shoe, knee and stock buckles, plated ditto, ditto spurs, trinkets of all kinds, with many other articles too tedious to mention.
N. B. The above Goods are to be sold at ROBERTS & LEE's shop, nearly opposite the Post-Office, in Cornhill, Boston; where all kind of JEWELRY is manufactured and repaired, as neat and as reasonable as in London. The above Goods being purchased with the cash of the manufacturers in England, will enable them to sell at the lowest rates, for cash only.
Most money given for old Gold and Silver Lace.
BOOKS. JOHN LANGDON, At the New Book and Stationary Store, opposite the Post-Office in Cornhill, Boston, Has just received from LONDON, A Large and fine Assortment of the most Modern BOOKS, In all branches of Literature, Arts and Sciences, which will be sold Remarkably Cheap for the cash; Among which are the following, viz.
HENRY on the Bible, 5 Vol. folio. Ditto on Prayer. Ditto on the Sacrament. Mrs. Macaulay's History of England, 4 Vol. Montesquieu Spirit of Law, 2 Vol. Universal History, 20 Vol.
SCHOOL BOOKS of every kind. With a variety of the newest and best Books in LAW, PHYSICK, HISTORY, and the CLASSICKS.
BIBLES of all sorts, viz. Large Church Bibles, Folio, Family, Quarto, Octavo, Mission and Pocket ditto, by the Dozen, or single. Likewise, a large and compleat assortment of STATIONARY, Accompt-Books of all sorts, Paper of all sorts and sizes, Ink-Powder, Quills, Sealing-Wax and Wafers, Press-Paper, some of a superior sort to any ever imported, &c &c. &c.
BOSTON: Printed by ISAIAH THOMAS,
At the South Corner of MARSHALL'S LANE, leading from the MILL-BRIDGE into UNION-STREET.
Where all Persons may be supplied with this Paper at Six Shillings and Eight Pence, Lawful Money, per Annum; and where Articles of Intelligence, &c. are thankfully received. ADVERTISEMENTS taken in. PRINTING, in its various Branches, performed in a neat Manner with the greatest Care and Dispatch, on the most reasonable Terms. Small HAND-BILLS at an Hour's Notice. SUBSCRIPTIONS for the SPY are also taken in by J. Larkin, chairmaker, and Mr. W. Calder, painter, in Charlestown; Mr. J. Hiller, Watch-maker in Salem; Mr. B. Emerson, Bookseller, in Newbury-Port; and Mr. M. Belcher, in Bridgewater.