The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-02-25
RSDAY, FEBRUARY IS, 1873.

lfhefe principles, nor may any part aa Of
power of prince in telling or delivering up any
part Of bis dominions to foreign PRICE or ftats
againa the general ienfe of The nation be urged
TO invalidste them, and upon examination il will
,ppear that all the grants which have been made
Of America are founded upon them and are
made to conform to them. even III 4. which
you have adduced 10 luPport Of veiy different
principles.
You do not reeollea that, prior to what you
call the 6rR grant by Q Elizabeth to &, Walter
Raleigh. grant had been made, by the fame
princeis. TO fir Hunphry Gilbert of ell iuch
countries rs he ihould diicover which were to be
effbs allegiance sfber, Der beirj and pea1Sr5 but,
he dying in the p, olecution Of his voyage. fe.
cond grant was made to Sir Wslter Raleigh
which, you fay, conveyed the dominion and
lovereignty without any refelve of egifl',ive or
executive authority being bFlS BY ban lgs and
rsSdsr. To hold BY homage, which implies
fealty and rsSdsr Is defcripiye of focage tenure
as fully Is if i, hid been faid to hold AZ Of orr
massr Of EAT Grfm4Oieb The words in your
charter. Now this alone was q relerve of dom
Mon and foye eighty in the Queen her heis and
iucceGors and. tefides this, the grsnt is made
upon. this exprefs condition. which you plls
over, fbaf t6s pssbL rtmais JaEf9 Vibs cream
Of England, the head of that legifative authority
which. by the Epglih contribution, is equally
exterGge with the authority of the crown
throughout every part of the dominions Now
if WsgcApd iuppoie the Queen to have acquired
4dpefm9 from her relation TO her fabic6ts or il
uheFIb tdrsl capacity, which ihe could not do.
me to country diicovered by her fubjeds and
then to giant the fame country to Enghih fub-
ieets in he's public capacity as Queen of England
itll by this grant 'fhe annzxed It to the crown.
Tia, by not diaineuiihing between the crown
of England and the Kings and Queens Of Eng.
land 10 their perfonsl or natural capacities, you
have been led into fundamental error which
mutt prove fatal to your lyllemJ II is not
material whether Virgins reverted to the crown
by fir WsIte,'s attainder or whether he never
tsok any bene6, from his grant; though the
latter is mott probable feeiag he &c fed from al
attempts 10 take poGeiIion ofthe country after
few years uial. There were,s undoubtedly,
divers grants made by King James the FRI Of
the con.iaent ofAmerica Ia ne beginning of the
18TH century and Gmilar to the grant of Q.
Elizabeth in this relpea. that they were Deepen
dant on the crown Tue charter to the coIncil
at Plymouth In Devon dated November I'D,
1910 IN re Immediately reipeets vs., and Of that
we have the mott auth ntick remaiVs 7t
BY this charter, upon the petition of Sir Fer
dinando Go,ges corporation was continued to
be and continue by luccefion forever in The
town of Plymouth sforeisid, to which corporate.
on thar part of the American continent which
lies between the 40 and 4S0deg'ees of lsi.
tude wa g,anted 10 Be beld Of rbs King BIZ bHv5
ard lgffe1SrS AZ sffbs manor Of EAT. G5eMWieb
with powers to coniiilute subordinate govern
meats in Americs and to make laws for luch
2 overn ments, not repggsaSf 10 TIE hzO' and
aSts,ts Of England From this corporation
your predictions obisined grant Of the foil Of
the colony of MsGachufeus- Bay, in 1917, and,
in l6.s. they obtained charter ffcm K.
Charles the & n making them diftIna corpo-
ration, slfo within the realm, and giving them
full p5wers within the limits Of their patent,
very like to thofe Of the council Of Plymouth
throughout their more extenfive te ritory.
We will now confier what NUT have been
the fenie of the King Of the nation and Of thePA-
,ehees atthe time Of graniirg thee patents. tr' m
the wear 1904 the banks and Tea coats of News
England had been frequented BY EngIifh iubjea
for ostchipg and drying cod.hfh When an e1elu-
fige right to the Hfhsry was aimed, by virtue Of
the patenr of I61o, the hOafe Of commons was
alarmed and bill was brought in fer allowing
e. fhery and il was Upon this occlion
thst one of the etetaries Of la:e declared, per-
ihaps Ashis own oPiniOn, that the plantations we {
not annexed 70 the crown md 70 were not with
ia III. iurifdieiion of parliament. Sir. Edwin
;andys, who was one of the Virgins company
and an eminent lawyer, declared that he knew
w sini, had been annexed and ~d5 bid Of ID
cyssvs as Of f5s 1sSsr Of Eft Gr"Stvif6 snd hs
believed New-Enelsnd Was 70 a!io; and 10 II