The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-05-16
May I6.

tnOlC lu2t.eIS WHICH GO not appear, aS 10
,hole which do not exit" In fact, upon the
face Of the order it appears to be illegal, and
VIVA, Mr.. Wheble neither needed or ought
20 have obeyed.
I'd Gu. The frff queifion being anfwered
in the negative, the iecond requires no con-
confederation; bur if the attendance was le-
gally reputable, purfuant to the above order,
il would not be difficult to thew what penal
ties the refuiing party would be liable to upon
refort to the legal courts of jufice, which
have cognizance of fuch offences.
I'D On. lfthe fummons be invalid, the fub-
iequenr warrant BY the Speaker mua necef-
fairly be invalid aIfo; FL the defects of the
fummons were not cured BY any appearance
OF Mr.. Wheb'e. A form of warrant makes
no more lega authority for 70 much the
WORD imports) than Coaa45le's Raff makes
a peace oficer. IF the warrant was legal,
: M tlenger of the Houie is not proper per-
ION for executing it; but only the SERGEANT
At Arms, and the Deputy Sc 9ant. But
theic are triAes with retpe6t TO the queition
fal the anfwer is mo9 plain and poi,ive,
that the Speaker of the Houlc of Commons
is no more Magarae appointed to iaue
warrants of apprehension than the Hou(e it,
felt is a court Of jutice appointed to puniih.
Neither one or the other have thoie powers;
and when they ufurp them, the people have
right to treat them as invaders of their IL
berries 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 perfon by farce and arms
againf luch illegal attempts, though he ihould
be obliged TO lacrihce, in the protection Of
hmieIf from the violence, all the SeIjeants,
al the Menengers, and even the Speaker
hmfelf of the Aoufe of Commons. mutt
add, that warrant of dpprebegtfon, grounded
upon flppoled contempt, always carries with
it an argument againa its own legality. No
f9nfsmbfs of the Houfe of Commons are ba-
mi@able by themlelves; they can only refrain
infant and open cOntembt5 committed by the
party in the face of the Houie. A warrant
to abbrebend, lhows that the party does not,
in the preience of the Houfe, diJfwb its de-
bates or okqraa its authority; fuch being the
only legal idea of CONTEMPT.
4th Qu. This queRion admits Of no hefi-
tation or difpute. The pretended proclama-
ton of the King is clearly illegal. Proclama-
tons have no intrinhc force in this country;
nor have they any at all but by fpeciai act OF
parliament. They may ierve at other times
to intimate TO the people the necefIity and in
clnation of the Prince to put particular laws
in execution. If they Introduce a new Jaw,
they are truly in efhcaclous. TIE Conftltu
ton Of this country has not trulted to the
King, with whom 70 much power is placed,
the authority Experimenting or committing
any iubje6ts oflhe realm. That authority is
left alone to the magiftrates, and to the
court, Of juaice. But had the proclamation
in other refJeas been legal warrant for ap-
pretending John Wheble, many objections
would Fill lie to the form and contents of it.
IF any perfon apprehends Mr.. Wheble, in Pur-
iuAnce Of this proclamation, he ought to be
prolecu;ed by action or Indictment; and any
magiffrate, before whom Mr.. Whebe is
brought, ought, if he does his duty, to let him
at large, and commit the ahaant upon his
perlon whether he be a Kings herald or
Speakers mehenger) unefs he can give good
bail for his appearance. Perfons are liable to
no penalty for concealing or not discovering
Mr.. Whebe, as is falfely infatuated in the
proclamation. Neither the officers Of the
cufoms or others have right to examine
perfons paRing beyond the feas. This pro-
clamation has not the force of Ne fxfas
,-souo. All the loving Gih;c9s cf his Maiefv.