The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-11-11

am Briton born | left my native country
and came to the province of the Maiiachu'
ietts Bay where was informed the inhabl-
tants were Untitled to all the Liberties OF
Engli[hmen, and by the charter OF Charles
I. fomethiag more. f-havc never been able
to Obtain thai Of James |. but thall endea,
YOUR to procure il as loon as may be, and
for this good realon, conceive them every
sitle in full force to the grantees to this hour,
wi,nels Mr.. Y--g's favourite Vatelb which
] have alto peruled, and think'eyery Perion,
Of leifure ought to do. the fame. Va'eli lays
p.I84, s. iex, +" Since pubic treaties, ard
even ,hoIe that are perfonal, concluded by
king or any other loyereign,who is invetted
with fufficient power,are treaties of fate and
obligatory with rcfpe6t to the whole nation |;
real nsatifs made to iubiIf Independently of
tie poJ6n sUbo concluded them, doabflsfi sbligs
bis lufelDsys; and the obEgatiSs inpssd ."
tbs Raff. patEs JueeeOiyey to al It's conductors
in proportion as they eOlms tbs public authors
y. Il is the (ams with the rights acquired
by shefe treaties They are 0tq@rs4 ~ TIE
date and pajf jheesgivsly 70 eli ~ lsndkSPkys.
Now the right contend for, 10 no leiA tban
the abfoluse dsmain and foyereignty OF this
province, which the fevcral Kings of Great
Britain taking upon them to grant, what, BY
the way. they had but a very weak title to,
as fully inveRed our predictions with, as
words could effect A Tyranfs declarati-
on that thefe treaties were void, was like
many more of his actions, fuitablt only TO
convey his perjury and vllainy to flHure.ge-
nerations with universal adherence OF his
memory. But in cafe we confined our
felves foley to the charter of William and
Mary, what does that referve to the crown
of Great Britain Can any one ihew more
than the reiervation of power, from time TO
time to appoint and c0mmiDi'H one G'Vtr-
nsr, one Lisatsnanf or Deputy GoOsynsr
one SseyItAyy and one fudge Of Vifs admiralty,
every one of thele, to be governed, directed
and fuppotied by the Legislative of this pro-
vince The reiervation of the pine trees,
elfeem utterly invalid, as the province was
in actual poAefiion of every foot OF the foil
hy .purchale or ConqueR, when the adniaif
fsfation prefumed the fee in the crown. Hoy
ever lhould never murmur at furnthihg
/. the Britiih navy, with every matt it needed
% che end of time, were that navy employed
soup tss<ywu an TurTIr5s vrTAs ss~'-ss~o VI
Ever kind with iovereign princes, what
~ is not expressly reietsed to the gran
belongs Of courie TO the grantee. Nothing
an be more resfonable than the application
5f this maxim to the cafe in hand. The
province was from It's foundation intended
free and foveregu fate that is, fate hav-
ing all the powers of ruling, ordering and
governing, as well as planting, or eftablilhing
and defending itielf. At the ciole OF ty>
RAINY which meaned 20 eHace all notions Of
right, it was judged convenient that the inn
periaI crown, perhaps rather the minifer,
ihould have Tome little concern in the CO.
vernment-- The deign however might have
been good, and intended only to prevent a
iacobite, popiih or other difafeeed perlon or
perfons from filing the fifit feais in the GO
vernment. The admiralty court was fiTit
erected for the conveniency of maritime af-
fairs, which cannot withou. great lofs be kept
long depending. Such court of vice-admi-
rally as thcn exfed in England, depending
on the Legislature of this province for all its
rules, orders and directions as much as any
court of fcffions or common pleas within
the province, was aIlthe crown, blythe char
ter, refeIved power to effabliih here APP
pcinlment and commi1ionating is the whole
the charter meatioass and all thaA even
Hutchinlon could torture il to intend for in
this pinch, it is well remembered, he was o.
btged TO recur to commifions themielyes to
fuppIy what he would have made ~ believe
the charter contained. Now if the fole and
entire power Of gevsvnmtnt was GbsrigiHs in
the Governor and company Of the province