The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-01-02

by law the f9Lfify anh 7iRfnfenIne}S OF W.T.,
ing conlti,ute it libel, MnnH5'J tate mui;
be determined on this principle. If 10, as
this is peice that relates to the fnrdNmen-
tails of government, the arguments to
prove the truth of it mutt not be fetched
from the rules of a COuvto Record, but from
the original immntabk notions that conittute
the 11Cntial5 of government. Ii is true the
caule is to be adjudged by fIch court bur
il by no means follows, tina; the Arguments
liz defence of il muf be drawn from the
practice of that court. The executive and :.
legislative bodies are contributed of dIfel ent
materials, and founded on different prinel-
pies. The legislative makes the form and
the contribution of fate. Il is founded and
muf be regulated on thoie primitive lealons,
which induced men to leave a fate of nature
and enter into fociety. Coniequently 1t is
the lupreme barrier of freedom and the pal
ladium of our rights. The executive power
only r:fults from the Legislative, and is founded
on arguments, which though correspondent TO
the nature of this high inititution,yet are re-
lative to the particular wants and neceihties
of individuals. While the former is foley
converfant with what relates TO the being of
the community, and is governed by reaions
taken from thofe eternal and agreed maEinS
which conHitute their BATS; the lattf aceoe
uiodaics itfslf TO the f0ytifnlar eojS5Nt he
citizen, determines the nature of contarcfseessss
tween man and man, and guards one iubjeet
from the fraud, injury OF malice of another.
Hence it is in governments that have con-
ititution founded on the fame original prin-
ciples which conftitutc free fate, yet differ
in their private regulation. Thus IN Sparta,
which was a fee contribution, theft was
commeudable, while in this province ii is
puni(hed corporally, &c. and in England with
death. If thefe things are 70, the confequence
is undeniable, where writing relates to the
fundamentals Of government, to determine
whether the piece is Libel or not by the
rules of Law, we muft have recourle TO ar
guments fetched from the nature of govern
ment itfeIf. The rules of an executive court
cannot be the lfandard by which fuch cauie
can be tried, and though this court has power
to d<fymias and give djuagment, yet it mutt
be on arguments founded on the fandamen-
tails Of the contribution, or it mutt be erro-
neous. For infance Muoius Jays, " a Go
vernon independent of the people, is mon
fer" How in the name of common fenfe
are the merits or truth Of this ahenion to be
determined by the particular regulations of a
court of juliice J Is it not plain, to arrive at
any determinate ideas inthis matter we mutt
in the 6rff place know what sovsrnsr l:,
how he exits, and what is the nature of this
political beingi We muf then afhx (ome
diifin9 notions of what the word Indspen-
deney in the preient cafe means. Whether
il means an abfolute jurfdietion, or whether
it is not limited, &c. This is all necelary
by the rules of reafoning, to be afcertalned
before we determine whether MaaHS peaks
true or no. Isit not plain, that to fettle thefe
things we mutt .ecur to principles which
coritituie the foundation of Government;
principles by which alone all the properties
of government are regulated, principles which
exifted long before courts Of record had a
being in the world, and principles which will
remain eternal and unalterable, while the
difpolkion of executive courts varys with the
revolutions of time, and accommodate them
feIves to the policy Of ages and the different
genius of mankind.
RM to put this matter in every lhsPe, let