The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-09-26


ren1anHrances of The people. IF then it ca
be proved, shSr ,hefe inhruetfons are dreetl,
contrary TO law, and tend Immediately To
the demolition of our anticnt contribution,
the argument viii appear well founded, and
my countrymen will readiIy perceive what
ulc ought to be made of 1t.
Various have been the inlfructions that
have been TENT over by the mInifer. That
which relates TO the management of the
Houfe of Representatives, fhall pats over /;
the illegality and unconstitutional mature OF
it, has been proved by more maifery pens.
The other meafure ALTO, which relates to
taxation, has been largely confidered in
my 9th number. What at preient ann at,
will be to throw new light on the matter,
and by enforcing it with fome new argu-
ments, make the whole appear more
concluGve.
1t is an invariab'e maxim in law, and in
terwoven with the 6rft principles of 70
ciety, that taxes lhould ever be pIoportioned
to the fiiuatioa of the fubieet, The rich
man ought ever to pay greater fun than
the poor man. The contrary doctiIne is big
with abfurdiiy and imminent danger. The
Englih law abhors partiality. To FAY that
a law Isjuf, equitable and right, and yet to
Gay that II favours one, and bears hard
againa another, is folecifm. Is not 'his
the cafe with the preient inaruciion Does
not the minllier exempt from taxes, q patty OF
men, who ate his tools, ycophants, &c. TO The
damage of The lisge people cf this province
Agreeable then to every principle of juitice l
know of, llich procedure is agsInlt law.
I here j nothing more known IN cur law
books, TIM tina, pvofct7ians in general are
againft Law, and oueh, TO be avoc,c c. The
pteient igf'n67ien appears to me TO be The fame
thing, and operates in the fans MANN as
a proteGfis4 See Cunningham, Bacon, Cow
ley. Mch. q II. 7 Rol I24 as the roll.
are quoted By my Lord Coke. A protection
granted TO Holmes, his fe:vants, and depu-
ties, reiolved TO be agaInf law Patch. 7.
H. 8 Ri. 90. fuch protection difailowsd,
and the lherlf amerced for not executing the
writ. Mich. I7 and IA Z z in HHchc ock's
cafe, and many Others of later time. See
my Lord Coke on this head. II is true,
fome;imes the law allows projections, but
there is nothing it is 70 cautious about, for
where one is legal, an hund ed are illegal,
which we may fec if we turn to The late
Judge Forteicue A. reports. Surely, # he
generality OF projections, nay if one is ilegA',
1; muf be fucb one as this. Was the pro-
ieetlon granted Holmes, poor winner, ex-
empting him from particular evil, a,judged
il ega, much more 10, that protection which
exemPts large body of people from paying
their taxes. Holiness cafe was illegal, be-
caufe sgsinf particular private law of trade
peculiar to LoEdon. The prefent affair is
tepugnant not only to the contribution, but
TO the very principles Of lociety and natural
juiice.
There is one thing more in this infruaion
that makes il in my opinion evidently illegal.
The Governor is ordered to lay the matter
before the Houfe; if they refufe to come
into the mesiure, he is then TO dinent to all
their proceedings confeqqently, it though
regard to the consequences that mutt at
tend this dangerous il'uatIon, they a; laff
afcnt, il muf be owlng TO force and COM
pulilon. Il Is only going INTO one mitchell to
avoid what they may think greater. IfGo,
the aef muf be,sgainff their own content,
which every one kaows is A5foutely necef-
lay in the proceedings II this bsdy. The