The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-03-25

f,eemsn ihall be diGeized of his freehold, liber-
ties, &c. but by the lawful judgment of bis
peers, &C." But fuch j, the provihon made
in the revende act, and fuch the extenfon OF
the power of courts of admiralty, that men
may be dileized Of their liberty, and carried
flom one part Of the country TO the other, ard
be tried and fentenced by one Judge, for any
even the fmallea breach of this act, whether
real or fuppofed.
Though the charter provides for the erect
ing of Judieatories, for hearing and trying all
manner of offences, as well criminal and capi-
tai, as civil. yet, if we are rightly informed, a
late a6t of parliament provides and directs, in
lome cafes, that perfons may be ieized and car
ried to England for trial, and that for life.
Should this be the cale-Where is the right oil
freemen.-where the boaaed liberty of Englilh
Subjects
I" The charter reprefen,s the Governor Of
the province, as Clbf4is GsssraI, and as hav-
ing full power and authority in oil military and
warlike affairs And Of himfelf to appoint
al military oMcers, to ered forn and commit
them to the cuRody of fuch perfon or perfons,
90 to him ihall feem meet. But can It be laid,
that this 10 the truth of fact, when the Gsv0sS'
LimJsIE declares he has no authority over thois
fwhp have the euRody of the mott important
foftfvfes, and when gsrrilons are changed and
d@rds appointed, not only not BY the Cover
RpH but even withou. his knowledge or con.
trout
/" Whether this is the fate OF Cs6s-WiiiAw
the principle fortTeis of this province, appear
| 60 ne 70 be 4 uueRion not unworthy the ieriou
attention, and Furthermore critical enquiry y
the Great and General Court.
The charter not only vets. the Genera
Court Of the province, with the right of imPof
ing taxes, but alto points out the ends 70
which taxes are TO be railed one of which i
the ,fupport of government JuRly fuPpoinl
that neceiTary connection between the goVerninI
and governed, and that mutual dependanc
which prelerves due balance between them
which Ia al well REQUESTED ftates has beer
found to have the hapPieR tendency, to pro
mote good government on the one hand sn'
chearful obedience on the other. But not c
nough, that the right of taxation is violated, bu
the right of determining the merit and isTvice
of thole that are employed in government
mutt be Welded too. Thus with Telpea to tn
6rit Offices among US, the only remaining tie o
intereft. whereby pesions ia the fervice Of tn
public were induced to be faithful in their tTui
| to the people Is diGolved And being entirel,
| dependent on the crown for both place and iuP
port, it becomes their intereft, ct lealt in man,
cafes, TO be unfaithful and partial in their I'D
| miniarasionf with regard TO the people. Ant
coDfiderinr the imperfeetions of human nature
it is fcarceIy pofible that il ihould beotherwsys
even though the beft of men where 10 suthori
~. For intereff will have It's influence to blint
the eyes, and perven the judgment of the wifei
and moi upright.
We have been certified in form, that this i
| the cafe, with the Gentleman il the chief fea
of government and at the head of the provinces
And from the bea Intelligence which We are a
bic to ob,ain,we have buttOo much reaion to fear
| that the fame plan hiss taken place with IeiPee
| to a number of others, in places OF truk and
power. of no fmsll importance TO the well be
Ing of this people. Particularly we have res
(on 10 think this 70 be faa with regard to th'
Judges of the Superior Court, the higheR eouT
of iuiiice in the province, the court, upon th'
dec,fiors and determinations of which, all ou
interelts. Rejecting property, liberty or life, d.
chiefly, if not ultimately depend. And wha
adds 20 the indigni,y Of this meaiure, il, that 4
/. carried into sffea, as We have juR re.lou &c
fuppoie, at our exPence, at the fame time thai
his sgaiEf our content.
Thus the plan of OPprefion Is begun, and 10
far carried on, that If our enemies are fill inc-
cef,ful, aud no means can be found to put
ilop 10 their career, no mesiures contriVed for
a rsflorasiou of our affairs, TO q eoafi,utiohsl
courfe. as pointed our in our chsrter, We hav'
iulI resf q 70 fear, that The eyes Of the head o.