The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-03-04

your Excellency's principles appears TO US TO te
an abfurtity. TIE judge', fpeskipg Of fIb-
jeef. FAY, Although his bitih were on, of the.
bounds of the XII gdom Of Engla and OFT #
The reach ana extent # fbs kaYs Of EsgLSsS,. yer
fit were zvif6sn The Allegiance of sbs King #
EngazG g.. Normandy, Aqaitain. Gafcoyr,
aod other pisces within the limits of France, and
conleqlerti, nut f me realm or bounds of the
Kirg1om Of England, were in luajett,on 10 the
K nes of England. Aad the judges FAY Re
q R,gDnm be nor 70 relatives, as q king can be
king bu, of one king 'om. which clearly holdeh
not bur tina, his kingly power extending to d.
veffe ra,ions ard kiagdoms, all owe him equal
luhjeeton and are equally born to the benefit Of
his protection and although he is 10 govern them
BY heir diRia7 La4OJ. yet any one of he PEG.
pie coming into he other is to have the benefit
of :helaws wherefoever he cometh." So they
are not to b. deemed aliens, as your Excelency
in your Fl Il ipseca fuppole', in any of the do.
minions: all VIII ch ds with the principles
our snceitors held. " And he is TO bear the
burdens and taxes of the place w5lrs BE- esmsf5 /;
bur living in one, o for his livelihood in one, be
Is Hof 10 BE- iaxsS ia Ibs 0fbn, becauie Laws or.
dain taxes, imPoftions and charges as dilci-
plire cf lubjettiou particularzed 10 every par,i.
oular nation : Nothing we think can be more
Gear TO our purpofe than this decii,n, of Judges.
perhaps as learned IS ever adorned the i eli(h
nation or In favour of America in her prsiene
cortrnvc iy with the mother Ra;e.
Your Excel ency fys, thlt f" by our not diaiu-
guihi.g between the crown of E gland aud the
Kings and Queens of England ia their pe,f nal
or mural capacities, we have been led into a
fundamental error +" Upan this very diainGtion
we have Gvaled ourielves. We have id thse
our anceito's conf iered the land which thew
toek PofIeli-n OF 10 Ame.ica, as out of the
bounds OF inc kingdom of England, and on, IF
tbs rsacb ant s,stSHt Of the laws Of England and
that the King sIfn, even 10 the act of granting
the charter, confdersd The territory as vet sgit6-
in the realm; thar the King had an ahi,iu,e
right in himle { TO diipole Of the LANDS, ard that
this YVES rot d fputcdby he nsilon nor could the
lands on any fold grounds be claimed by the
natioas and therefore our anceitois received the
laods by ant from toe King, and at the fame tine
comPatted with him and piomiGed him homage
and allegiance, NOT in his public or potick, bur
natural capacity y.lil b. ficsll for US to fhow
bow the XII 6 acquired title TO this country in
his natural capacity, or f-p4rste from his rels-
ton to his iubj Cts, which we ccnfeE yet we
conceive it will be equally difficult for your Ex-
csllency to fhow how the body polite and nati-
on of England acquired it. Our anceitor: fun
Poied il was acquired by neither: A d therefore
they dtclared as we have before quoted from
your HiAory, that iaving their actual purchsie
from the natives of the foil, the a, minion, the
lordihip and fovereignty, thev had in the Eeht
OF q d and man,no right and title to what they
Pofieiled How much clearer then in natural
rsaicn and equity mutt our title be, who hold
eiiates dea'ly Purchaled at the expence of our
own as well as our ancefors labour, ard cefend-
ed by them with realnre and blood
YourExeellency has been plesied too orfrm rather
than denycr confu.e piece Of hiRo'y which ycu
iaywe took from an anonymous pam phlet. ard by
which you fear we have b=en too eafiy mined.
Ii may be gathered from your own declaration
and other authorities bei es the auopymcu,
pamphlet, that tie Houfe of Commons took ex.
ception, not at the Kings having made an abb
iolu;e grant of the terri DRY but at the claim of
an executive right to the 6fhery on the banks
and fea COATS, by virtue OF the patent. Al this
you FAY " the Hcuie of Commons was alarmed.
and bill was brought in for allowing a free
hibery." And upon this cccsfor your Exce!len-
cy allows, that 3" one Of the Secretaries of Isate
declared that the plantations were not annexed
10 the crown, and 10 were not within the ;ur;f.
dietioh of parliament" II we fhould coScede
to what your Excellency fuPPofes might poiI-
bly,, CT perhaps" be the cafe, that the Score
tary made this declaistioB cas- his own opip.
lon, the evens ihowed that il was the opinion
of the Kog too; for il IS not TO be accounted for
upon any other principle, that he would have 4
denied his royal adent to bill 70 med for no
other pu'pofe but to grant his hbieets in Eng
and the privilege Of filming on the lea COATS in
America. The account rubIifhed by Sir Fer.
dinando Gorges himfelf, of the proceedings of
osrlisment en- fbiI OrfaGsS, your ExceiIepcv
kinks {" willremove all dou5t ofthefsnie of the
nation and of the Pateniess of this patent or
- =. v[aN r