The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-07-16
For the MAssAcHU;ETTs SPY.
Mr.. THOMAS,

much complained OF IN the puofc pihts, ano
of late as am informed by petition to the
Legislature of this province. have fPent
few hours 10 look a little into the iubjeet
matter Of 70 inierefiing difpuie, and fhall
endeavcur in few words to fate it fairly.
Il is agreed on all hands, that James the firft
had right to grant to tnePlymouth company
all the lands from the fortieth to the forty
eighth degree of Northerly latitude, and IN
all that breadth in longitude from fea TO iea,
provided that no land within that grant were
covered by bis former grant.or actually pei
felIed or inhabited by the fubjeets OF any
other chriRan fate or potentate. And 1t
cannot reafouaby be difputed that the Ply
mouth company had full right to convey
all that tract lying between three miles touth
of Charles river, and the like d,fance north OF
the northetmolt part of Merrimack river, ex-
tending in longitude from the Atlantic to The
South Sea, with the oligina' provIfo to Slr
Henri Rofwel, &c. Now New York alledg.
es againf our claim the poor rrstence that
the King was deceived, in being informed
shat no fubjeets of any other chriitlan
fate did inhablt within the descriptive limits,
which fay their committee, wide Smiths
httory .. I8s renders our charter void, part
of the premifes being actually Poiieiied by
the Dutch. | would readily admit that
could the Dutch lhew any charters from the
Aates with fuch we'll determined boundaries,
As are thoie of either the Councils Charter
or Ro(we!rs conveyance prior to James's
CHARTER and coeyal polIefiion of fome conf
derable part of the whole, ii would have
fome weight for that extent; but nothing
like this is 70 much as pretended, nor one
deicuiptive infrument held up of older date
than 1914. This muft then mott certainly
reduce the Dutch claim to particular poGsfli
ON and inhabiting thing, the Crown fem
ed perfectly conicious of BY the express pro-
vito in their favour. But 70 eminent is the
domain OF few handkerchief Dutchmen
that according to theie profound juriRs, it
deRroys, difannuls, and renders void the
whole charter and on this ridiculous or
rather fcandalous preinmption they found
their right to diRurb and vex thoufands of
leige (ubjeas holding by every legal fpecies
of tenure that ever was known by the gener
al law of nations of England in particular.
Vatel p. I4q fays, Ii is equally agreeable to
the dictates of humanity and to the particu-
lar advantages of the fate, TO give defart
places even to Rrangers, who are willing
to clear the land and render it valuable.
This fureIy the Mahachulrttenfes have
done in an evident manner, and not on
ly 70, but defended it BY an infinite cxpence
of blood and trealure, for fuficent length
of time to create title had thCyno other than
njaeobtion. Againa all this what is pretend
ed I Arbitrary vacations of charters--arbI
tary lettement of boundaries and arbitrary
claims of right, never thought of for near
century Il would be abfurdtfays my author
in p. 1917 to FAY that Domain and property
being once eRablilhed, the law of nature can
fecure (even) to prepriHtOT, any right capa-
bic of introducing difor der into human foci-
ETY.. Such would be the right of intirely ne
gleefing the thing that belongs to him, Of
leaving it for long fpace of time under ali
the appearances of being properly abandoned
and that it does not belong to him, and of
coming at length to deprive an honea poief
ior of il who has perhaps acquired title &c
il by burthenfome condition. The law of
nature which requires that every one fhould
be firm and certain, does not permit their
being diRurbed in their poHefions, ia ID.
All the tranquility, the happiness and fecurity
of the human race Its on jufice and the
obligation of paying regard to the rights of
others.---As the engagements of treaty
impofe on the one hand perfect ooliga-
ton, they produce on the other perfect
right.