The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-07-23
THURS DAY, July %, 177a

Mary, that they would oc gFaciouhy pieA'ec
to incorporate their fubjects in the colony,
and to grant and confirm to them iuch pow
ers, privileges and franchifes as, in their rsy-
a! 1Oijaam, thouli be thought mott coniucidg
TO their interett and fervice and to the wei
fare and happy fate of their (ubjeSts in New
England" The powers thus granted were
NOT, as you franSely alledge, deVolved on
tho crown by our anceaors, 1ut psHcd from
me crown 10 its fubje6s. BY this charter
a general Court or A6embly is contributed,
and among other powers granted to this
AGembiy are thofe of making laws, not re-
pugnant to the laws of England, and impo-
flag rates and taxes, for the iervice of the
crown, in the neccaary dtttnes and JnPp0rt
of the government. You have taken pains
to prove, what would not have been denied,
that the fupport of the Governor mufi be in.
Guided in the fuppou of the government, and
you fay that by the grant OF full power to
raiie taxes you have acquired az excluhve
right of Importing the Governor, and
therefore the fupport of the Governor by
the crown mua be an infracion upon the
charter. ConGder gentlemen, where this
argument will carry you. The fame clauie
which Empowers the AAembly to tax the
people for the (nbps'f, Empowers It so
to tax for the dsfmes OF government. Ihe
defence and iupport of government aNe< IN
their nature, duties, attended with burdenss
rather that privileges the powers given to
he AHembly to tax are in order to compel
to the performance of thefe duties. Can II
be luppo(ed that this grant of power, to
compel the people to fubmit to this burden
of taxes, for the defence of the government,
lhould exclude the crown from sftordlng It's
aid for this defence when it ihall be necel-
fairy. IF you are in danger of being attacked
by foreign power, has the crown deprived
itfelf of the right Of ordering feet for your
defence, and muf the colony be loft to this
power, and would you, in that cafe, refule
this aid becaule you have an executive rlgh'
Of defending The government yourielVes I
Your charter gives you equal right to this
objection in the cafe Of defence as in the
cafe of iuppoIt.
Should not 70 heavy a charge againf the
crown as that ofmaking al infsa6tion upon
your charter and wrefting out Of your hands
powers vefed in you, have had iomeJhing
more than the ihadow of an argument for
its fupport Anpport 70 feeble that have no
need to call my to aid the ACT of Parliament
which enables the crown to do what has
been done, and which, if your claim from the
charter had been better founded than, it is,
would have been luficient to have rendered
it of no effect.
If you fail Of this executive right of fup-
porting the Governor your aflcrtions that the
charter prefcribes aGovernOr dependent up
on the people, and that you have not, in that
ysj1Te7, fuch Governor as the people con-
fes:ed to, is altogether without foun-
| dation.
You are equally unfortunate in your no
tons of the mutual check and dependence
which each branch of the Legislature ought
to have upon the other, as alto in the ma
tur: OF tree government, and of the Eng
liih contribution.
The mutual check which each branch
of the leeilature ought to have upon the
other coniiits in the necehity of the concur
renee of all the branches in order to valid
act, and when any one branch witholds
this concurrence it is properly check up
on the other two. So far as this may be
| laid to be dependence, agree with you,
but this is not fuficient for your purpole,
for the fame check will remain IN each
branch when the falsry of the Governor is
paid by the crown as when it is paid BY the
province. Now this check does not sGca
that freedom and Independence in each
branch, which is The glory OF the Engl!ik