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

the lands within ms COMMONS out how
he came by this abfolute right and pe'teet
eliate is myaery which we have never ieen
unrayelled, nor is il our buiinels or deign
at orelent to enquire. He granted parts or
parcels Of it to his friends the great men,
and they granted leGer parcels to their tie,
nan,s: All therefore derived their right and
beld their lands upon thele principles, me-
dia.ey or Immediately of the King; which
Mr.. Backbone. however cabs " in reality
a mere haion of our Engilh tenures."
By what right in nature and reaion the
chrifiian princes in Europe claimed the lands
of heather people, upon difcovery made
BY any of their fubjcas, is equally myiterl-
Gus Such however was the doctrine uni
verbally prevailing when the lands in Anne
RIGA were diicovered but as the people OF
England upon ,hofe principles held all the
lands they pohefled by grants from the klng'
and the Kiog had never granted the lands
in America to them, it is certain they could
have no fort of claim to them: Upon the
PRINCIPLES dvanced the lordihip and domlni'
on, like that of the lands in England, was
in the King folely; and right from thence
accrued to him of cifpoting fuch terrlto''es'
under fuch tenure and for fuch lerVices to be
performed, as the King or Lord thought pro-
per. But how the grantees become iuoJect'
Of England, that is the (upreme authority
of the parliament, your ExceIlency has not
explained to US. We conceive that upon the
feudal principles all power is in the King
they afford US no idea Of parliament. =" The
Lord was in early times the hgLtgatOr and
judge over all his feudatories," fays judge
B ackRone. By the Gruggles for liberty in
England from the days ct King John to the
lat happy revolution, the contribution has
gradually been changing for the be'teri and
upon the more rational principles thar all men
by nature ate in fate of equalay in relPeet
of junldi6tlon and dominion, power in Eng
land has been more equally divided. And
thus alto in America, though we hold our
lands agreeable to the feudal principles Of
the King, yet our predeceiiors wliely took
care to enter into compact with the King,
that power here lhould alto be equally divid'
ed agreeable to the original fundamental
principles of the Engliih contribution, feS
clared in Magma Charta, and other Avs
and fatutes OF England, made to confirm 'heESl
Your Exceliency Jays, "you can by no
means concede to US that it is now or was
when the plantations were 6rR granted the
prerogalye of the Kings of England to con-
ftitute number of new governments altoge-
thef independent, of the lovereign authority
of the Engliih Empire" BY the feudal
principles upon which you fay " all the grants
which have been made of America are foun-
ded" the contributions of theEmperor have
the force of law" If our government be
coniidered as meerly feudatory, we ATE iub
jet to the Kings abfolu,e viii, and there is
no room for the authority of parliament, as
he lovereign authority OF the Briulh empire.
Upon thele principles, what could hinder
the Kings contributing number of inde-
pendent governments in America ? That
King Charles the hrf did aetuAlly let up a
government in this colony, conceding TO IL,
powers of making and executing laws, with
out any refervatIon to the Euglih parlia-
ment, of authority to make future laws, bind
ing therein, is fact, which your Excellen-
cy has not difproved z you have denied it.
Nor have you hewn that the parliament or
nation objected to it; from whence we have
inferred that it was an acknowledged right.
And we cannot conceive, why the King has
not the fame right to ALLEVIATE and dilpole of
countries acquired by the dilcovery of his
fubjeas, as he has to Sc reiiore upon trea-
~ of peace, countries which have been &C.
quired in war;" carried on at the charge of
The nation; OF to 4" fell or deliver up any
part OF his dominions to foreign prince or
fate, againG the general ienfe of the nad-
on )" which is Sc an ACT of power" or prero-
eative which yourExcelency allows. You tell