The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-01-09

nature of governments, and the general fORriF
Of tyranny and oppFeiSon. That fame az
miniaraiicr, 70 posoriouny- unf,icndly TO the
Liberties Of oil America. which has asted f.
tor,icuDy with New-York, MAJ and will
proceed in the fame manner with Us. TIE
Jane Lyqem Of poliucks, or rather opprei6on,
is puriuec in both cafes. Only in New-York
more ferrous plan is gone into, and under
the fo!emnity of a MaNdamus, the Eaemies OF
freedom, are co operating with the IzArat1i-
sns of a Maaachuiet,s Governor. Thoie ia
aruaions, which are permitted to exempt
the moA WORTHLESS part of Gociety from taxes,
and have treated our Commons with uch
contempt, with the fame right may parcel
out the Land of every farmer in the country.
This we have realon to expect, as we fee it
is aided on our neighbours, and fhould we
lubmit here, our navesy is completed.
II difficult TO collect from the account
tranfmitied US in the above letter, the nature
of that precept, which thus forciby ejeefs
the poor people from their poiieflions. Man
dsmus's, as they are known in our law, are
lbeeiat byeresofiVt rUrits, flung JSfiy out of
the Court of Kings Bench, 4 a!od. z8I.
Vetn. IT'S. This relation in ouIfS9efs nay
puzzle the inauentive part Of he pubgekA
Ii This is an act of the king AvIrG Jadisialgs|
II Is illegal, updoubtrdlg, .0b Sfl&RAbf1t
is Judicial it NUT have diusd from theKinss
Bench and IN this cafe, il is legal exer-
ton Of prerogative to obtain Juice, which
the ordinary methods could not have ac-
complfhed. IL may Their, fore 0b mite have
been wvraaf0bk But even this is fufpea-
ed, at this period, when the decifons of
courts nave made even charity luipicious.
Agreeable to the law laid Gown in the cafe
Of Mandamus's, the. preient sa can be
nothing but a sc0stoH Fx1ti0H of power.
Mich. :. G. 4. in B K. the court feldom
grants this without giving the party time
to Esp e0af og0igfG Was this done in
the prefeIr cafe Were the poor people of
Hiulaafe warned of il No, that M ,nda-
mus was iaatfaits, and extended to any
Lands in the province of Ne~-York.
Where thee appear iygj1ies tUsuid mlHs
# the writ iGues, the Kings Bench ysfajE.
| Hence, g 1t is not fofEieient to offer luch
matter as til. party may fslGfy in an aa-
ion, but fuch matter muA be alledged as
the court may be able to jEags q IT." Salk.
l437. e Vent. ri. Mznoamus's iAue,
lays Cunningham, on the fuppofal Of a
breach and difobedience of the Law what
breach of law were thefe farmers guilty of Z
IL could not have been granted in this
known legal manner, as the nature of il is
70 unlimited But il is our fortune TO 1--we
in an age, when the formalites of Law are
but lit,le attended to; when relentments
and dirty prsjudices feem for many years
to have influenced Ehe conduit of admin
iifIation.
do rot doubt but il would be highly a.
ereeabie TO or enemies, to fee the fsEdaL
fyhem efabliihed in Amtrica. Sucn a
mutation in our contribution would be at
tended with remarkable son(tquerces. <
very WORTHLESS fcoundrel, who builds his
private fortune on the ruins of the commu-
nifty, may become powerful baron. In
fuch cafe, by Laws that hold lMMU-
TABLY TRUE, the people are as una
bic TO indicate their freedom as 60 create
world. In all the convuIGOns which lhoOk
the different contributions in Europe from
the ieventh TO the eleventh ceutury, the
ffruggle was JSIsS between the Clown and
the Mobility, or between the Mobility them
lfslves. Agreeable to the Esadal ly&em, the