The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-07-23
lko alter the confitutional dependence OF this |

III q eat Britain, abioluteiy oeny,
usur aUas any jutb dspsndsrfs and | def)
|IMr, Hutchinfon, and all the able defenders
of his caufe, to prove there now is any iuch
dependence formed: am lure no men-
ltion is made of any fuch in the com
Ipae, or 70 much as hined at. Such de-
tendance would be totally inconillient with
lMagna Charta, the province charter and
Icommon fenfe. The fuPreme Legislative, ac-
Icording to ,heEng'ilh contribution Of govern
lment, confiRs of three branches, the inf land
moR n;ntal, is, representatives choien by
1.-THE PEOPLE, and no man will have the
kmpudence to fay, that any member OF the
IBrtilh parliament iils there by the outrage
| of the good people Of this province By
Magma Charta, no man ihall be fubJect to a
Inv laws but fuch as he has confented topper
konaly, or by his representative In the pro-
Vince charter it is iipulated, that the people
of this province ihall have and enjoy all IT.
lber,ies, immunties and privileges OF free and
Sna,usal born fubIeas, TO ALL lNTEN rs,
ICONS rRUC TONS AND PURPOSES,
as if they had remained in England, land COM
! mon fenfe teaches the fame doctrine.
| Mr.. Hutchinfon, fpeakng of the charter
Jays, &c If gu (meaning the Hon. Houie)
mean no more by loemn compact than
what is implied between the crown, as the
grantor of certain powers and privileges, and
the inhabitants of the colony as the grantees,
by which they acquire right to the uie OF
tho!e powers and privileges until the charter
in whole, Or in part, lhall be vacated, |
would take no exception" mo more would
! the Grand Turk, were he to ASSUME the
chair " but when you afterwards alledge,
that by virtue of this contract, power de,
volved on the crown of appointing Cover
nor, there is too much room to apprehend
that fome may fuppolc this contract to be
fomething OF the nature Of the PafiH e0nO'n
ia, or agreement fettled by treaty, between
two independent Rates, which fuppoiitlon
would have a dangerous tendency" / hat
this contract does devolve on the crown a
poweJ 10 nominate land alto to commiiiion)
Gsbcrnor, is very evident, otherwife the
! power would to this day have remained with
the people, as it was before this agreement
with King William took place, and that he
could not have had the power unleis thus
devolved upon him, is too notorious to need
p.oof.-This people once enjoyed that pow
er, they gave it up for certain reaions, and
have a right, as appTehend, when ever it is
mifufed, and it appears beif to them, to reaf-
fume it. But why Mr.. Hutchinfon ihould
fancy, from the refolves aforefaid that ''fome
| may luppofe this contract to be fomething OF
the nature of an agreement fettled by treaty
between two independent fates," | cannot
divine, for not one word about itates is men
Toned in the whole charter, it is a fimple
tontraa betuUten King William and S9netn
Mary,tbsir heirs and (aeeeDSr5 on The one part,
and the inhabitants of this province and their
| /ueee0Sys on tbs ofbsr. Whoever afirms that
the crown is the grantor of powers and Pri-
vileges TO the inhabitants of this province,
and that the people bsrs5y acquire right to
the ufe of thole powers and privileges, ad.
vances doctrine contrary to the Law Of Ma
furs. The crown, or, TO fpeak palmer Eng
lilh, the perfon who wears it, | mean the
King, coniidered as an individual has neither
powers nor privileges which he can confer
on the people, neither has he any property,
in any thing, but what he has Purchafed with
his money, o: has been Conferred npSn hin b
The people. In his political undertaking,
he reeeiVe, privileges and powers, but without
the people he can beRow none: And when
the people invef Prince with any power:
OF prerogatives, it is to be exercifed for theiI
good, but the powers with which he is aus
invehed were never intended him when ufec
otherwile |; for, fays Mr.. Locke, The END
| of government being the good of the COM
munity, whatever alterations are made in it,
tending to that end. cannot be an encroach-
ment on any body, iince no body in govern
! ,,eot ran have a rioht tending to any Other