The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-02-25


der like form of Legislature"
From the(e therefore ard other confederation
cannot help Aauering myielf that upon NOR
mature delibelstion and in order to a moe con
filen, plan Of government, you will chuie rathe
to doubt ofthe expedieneyof parlianent's exercii
ing its au horiy in cafes that my happen, tba
to limit the suthority itfelf, Especially as ~
agree with me in the proper method OF Oh amin
a redrels of giivapces by coriituiionai rep
lentalions, which cannot well coniiit with dc
NAL of the authority to which the repre-
fentations are made; and from the belt IN
70 mstion have been able TO obtain, the denis
of the authority of parliament, expressly or b,
implication in thole petitions to which you. reteI
was the c,uie of their not beisg &C mittes, ane
not any advice given by the niniiter to the a
gents OF the colooies.
muA enlarge and be much Eore particula
in my reply to you, .
Gen,afmfs Of fbs HogH Of RfproftrtGfiVr',
faall take no notice of that part OF your an
lwet which attributes the diorders Of the pro
vince to an undue exercife Of the power of par
lament, becsufe you take for granted, wh't cas-
by no means be admitted, that parliament had
exercifed lis power without juR authority. The
fun of your auiwer, 70 lar as it is pertinent
to my ipeech Is this.
Yu edge that the colonies were an acquif-
ton OF foreign territory not annexed to the
realm of England, ard therefore at the GbIe44l
dffpoial of the crowa the King having # YbY
AXE it, corGiutionsl right TO diipofe of z0d, a
htsAs sny part of his territq,ies not annexeessu
the realm-that Queen Elizabeth accordingly
conveyed the properly, 6s1rtiSS and JoVSnigni)
cfVirgiria TO Sir Walter Raleigh TO be held Of
the crown by b0megt and a fsrfAio rtEdsr, with
cut referving any flare in the lsgilalive and
executive authority-that the fublequsnt grant:
Of Americs were fimilsr in this ref ee that they
were without any refervstion for ieouling the
fubieetion Of the colonifs to the parliament and
fu.nre laws Of England that this was the lenis
of the Eoglilh crown. the na,ioa and our rrede
ceH1fs when they 6fR took poneli1n Of this
courtry-thst if he colonies were rot thea an-
nexed to the realm they cannot have been an
nexed fcce that time-,hat if they are not now
annexed 10 the realm they are not part of the
kegSem, and confequently not fhbjed to the le.
2 ill,ive au,hority of the kingdom TOR no codn-
try, by the common law, was fubjee to the avs
or to the psrlisment but the realm Of England
Noa if this your foundation ihall fail you in
every part Of it, as think it will, the fabrick
which you have rsifedupon it mua certsinIy fal
Let me thea obferve to you thst. as Engiifh
fubie6s, and agreeable to the doctrine of feudsl
tenure, al cur lands and teEemeL,s are held
mediatsIy or Immediately Of the crown. and al.
though the poGtllion and uie or profits be ia the
lubieef there lilI remains q dominion 10 The
crown When any new ecu tries are difcover-
ed by Enslifh fubj.as, according to the genera
law ard ufsge of nations. they become part oil
the fste, and, according to the feudal Iyfem,
the lordfhlp or dominion is II the crown and a
righs scuraes Of dilpoGng Of (uch territories, IN
der fuch tenure or for luch fervices to be per.
formed as the crown ihsll Judge proper, and
whenfoeysr any part Of fuch territories, by gram
from the clown, becomes the pontlli)n or pro
perty of private perfons. fuch pes ions, taus hold
irg under the crown of England, remlin or be
came fubjeeis of England to all int=nts and Pur
pofes, a, fully as it any Of the royal manor
foreits or other territory within the realm ha'
been grated to them upon the like tenn E
But that il is now, or was when the plantation
were f 4 granted, the Prerogstive of the King
of E gland to ALLEVIATE fnch territories from th'
crown, or to conRi.u number of new govern
ments altogether independent Of thu fovereigr
lesin stve authority Of the Eagliih Empire,
Gao By 10 mears coneede 70 you. | have neve
fen any better authority to lupport fuch al
opinios than "a anonymous PsmPhlet BY whicl
| tear you have too eaiiy been mined, for
fhall prefectly thew you that the declarations o
King lanes ire hA, and Of King Charles tn
f,a, admitting they are uuy related b
the author Of ,his psmPh ct ough, to have n
weight with you uor does the c'fios or reaO
ration, upon a treaty Of peace, of ccun:ries whie
! v: tesa loa o. Ac1ai.rdil war .niitI vi