The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-02-06


from the recruitment Of the teop'e. who
wei' Of opinion that difrbutVe luit'cc was
more properly lodged in them than IL
court of Wee Admiralty Put i aying thrfe
matters, let US look into the ppoc;is MT
'yng it is faid was afift .ng, to whom
Undoubtedly the perfon that illegally IN
ihipped thele goocs. Why, that the re-
cords FAY is Mr. Tying himf:If, and he IS
already pEnj@sd for that offence with thu
lois of the cargo Thus NJ. Tying is Fl It
punifhed fot breach of the acts vi trade,
and then forfeits treble the worth of what
they before took from him fJf-aGJfing
biwfE
Let him laugh now that never laugh'd
b fore,
Let him who often laugh'd, now
laugh the more.
This ftatutc mutt be continued as all o.
ther hatutes are, b, the rules of law and
common frnf. The law tells YOU hat one
part of flute mutt BE- 70 confirmed as
that the whole may ftand 70 faith com
mon fenie. Lit u take this act in al ITS
parts, and we fhsl plainly fec what the
meaning of it is. II was evidently intend
cd by feyere penaltles, to deter from a
breach Of the ACT If trade. II nee the ow-
ner OF goods, com:nG under toe breach OF
DRele acts, forfeits his coocs, snd only
10 but all prrlops WI . fhzil 4Ai in the
iyhlading tie goods fhall forfeit treble the
value. Here it is plain are two ob-
jets in view, the Puniihm Mt o. the ow
ner of the goods for illegally aeoing tn N,
and the puniihment OF all thole who M
sfift him in thus doin,. Thcic are vi
tinet things, and p mary agent and nj
afiitant never were fynonlmou., IN any
mans brain but the judges o. Vice Al
miralty Courts. WhIle therefore taeie
two ideas are in the nature of things oppo
iie, the mode Of pun lhmcnt mutt be alb
lurd and ridiculous which makes them one
and the fame. But this Is exactly the pre-
TENT cafe; Mr. Tying fit lofes mis- cargo
Tor illegally mladiHg it, and then forfeits
treble the value OF the goods far a0y9iEg in
thus unlading.
But what is mott extraordinary and
which ftamps in!amy in indelible cnarac
tiers on the whole of the tranta6t5n, Is
the unaccountabe ferviity fhewn to the
Admiral, VINO it feems Inteffered very
warmly in the caufe. Not content with
influencing the determinations of the Judge,
ne pretends it is faId to dictate the Cover
nor, and demands more confpicuous pu-
nifhment of Mr.. Tying. | am in doubt
whether the mfensG or the inj5ltnct of fuch
a character is mott vifi5le. Were | G.
vernon of this province, | would let Mr..
Admiral know, that the King rtprs(snfa-
fiUE in this place is infinitely hyperion to a
fervant Of ferry Dgj5n and tn. catalogue OF
wret-hes that coaltitute the boar OF trade.
And although he might giVs bimjef airs
while off Cape God o! MINT Dsla,f, he is
quite different Being whea in the limits
OF this jmiidietion and before he has left
the itation | would teach i'm fuch lehon
which might give him better preteniions
to humanity than he could ever yet vouch.
and from which, by placing him in the
condition he is in, unk;nd tate would for
ever exclude him.
And are my countrymen of fpirit that
will brook fuch tEeatmeutl Are they will
ling not merely to be 1lVes, bur debaGns
thought to have the cuTEe of Canaan or
them, to be lervant of fefvants! However
we hope it will not be always 70. Our Po-
litcal atmosphere, fesms clou1eJ, and the