The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-07-11

! other inhabitants, fhould be eXeniP'e'
from paying their full proportion OF taxes Tor
| the lupport Of government within tins pro
! vince"
The fame day it was unanimously agreed
by both Houfcs that the following kemon
france be lent to his ExceIlency the Cover
nor, relative to his refuGng to give his atien'
to the grants that have been made to theF
respective agents, VIZ.
" AHay IT 1isaE Jour Excc!9fny.
" YOUR Exceleacy having rcfuied to
aG3at to the grants that have been
made at the laft irGion Of the General Court
to MIR. Bollan and Mr. De BeEdt, tor their
reflective frvices in England, the two
Roules in fanhfuIneE to themielves and thoie
they repreicnt, are conaraincd to remonitIa'e
to your Excellency Gu this iubJect; AND
for that purpole would obicrye, that felt de-
fence, whether il regards individuals or bodies
of men is the hrf law Of nature; and that
| in Obedience to this law this community,
when irs rights ard Liberties have been at
tackled, have by their representatives at on
ferent times appointed Agents for their de-
fence. Now although it had been the ulual
practice for the Governor to be concerned
! in that appointment, YET when circumstances
became critical, and the deafelt rights OF the
province were at fake, when the Kings mini
| fers appeared refolved to infringe thoie rights,
and could influence the Governor, who was
wholly in their power, to procure an agent
10 their mind, or to contfoul the initructions
that nigh, be prepared fer him; whereby
the end and delign Of his appointment might
be fruirated. When this was the cafe, 1t
became fit and Reasonable, that an Agent
chofen by either Houie, and The initructons
given him lhould be wholly independent of
the Governor; and consequently it mutt be
fit and Reasonable that the pay and iuPPort OF
fuch Agent lhould not be obltTu6ted by the
Governor.
"Thc fame tealoning is applicable to the
appointment of the Agent by the Council ;
with regard to which it may be obierved,
that when heavy and repeated charges had
been laid againi them by the late Governor,
Sir Francis Bernard, Of Nettleham, Baronet,
dehgned and calculated not only to aiperle
their characters, but to affect the charter of
the province, the necefity of the cafe required
they ihould defend themielves againft thofe
charges. The right of defence, which is
neceiIary to guard and preferve every other
right, is founded in natural julice aud COM
mon law which do not fuffer any one to be
condemned without being hrlt heard, and
their defence confdered; and Of this right
they cannot be deprived without being de-
priyad at the fame time of their political
exiRsnce.
a." The Council are an order ofmen infituted
by Charter, and were Cenlured by the faid
Governor il their public capacity, particu-
lar charge being made upon them, their fole
authority was efficient and proper to anfwer
il; and the Council being a coni'ituent part
of the body polite, their defence was as ne
ceRary to the good of The whole, the care
and preferyatlon of an ehental part is to the
body natural. The Council being an eilen-
tial part Of the body polite or incorporated
province, and their defence being neceiiary
ard beneficial to The whole, the province is
chargeable to pay for fuch defence, and con-
ftquently no Governor or other PeIion can
| iulfly obfrua the payment.
"The right of deferce includes right to
all the mesrs requif,e and proper for that
defence, ard Conlequcnfly right to appoint
and lupport their own defender: Without
this, the freedom and benefit of defence
would be taken away where they cannot ap-
pear in .heir own perions.