The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-02-04

with freedom in the defence Of this part nf
their contribution. which has preierved them
lromit: And influenced by the fame gene
roG,y, they can never view with difappro-
baton any lawful meafutes taken By Us for
the defence Of our own cooRi,uuor, which
in,tles US TO the fame rights aud privileges
with themielves.
Theie were derived to us from Common
law. which is shc inheritance Of all his Ma
j.ity's fubjeds have been recognized by s6s
of Parliament and confirmed by the pro.
vince charter, which eiisbiibcd its connnu-
ZION and which charter has been recoeniz-
ed by ae of parliament aIIo. This act was
made in the iccond year of his late Maieay
Geo. II, for the better prelervatiun of his
Majelty's woods in America in which is
recited The clauie OF the fad charter, rsiefv-
ing for the uGe Of the Royal Navy all tees
fuitable for MATS And on this charter is
grounded the succeeding enaeaing cauie Of
the act. And thus is the charter implicitly
confirmed by aa Of Parliament.
From all which it appears, that the in
habitants of this colony are clearly Untitled TO
all The rights and privileges of free and ma,
tuiaI fubjeets. Which certainly muit include
that mott elentia one, that 10 aid or taxes
be levied on them without their own con~
fenr, 6gni6ed by their Representatives. But
from the clauie in the charter relative to the
powsr granted to the General Court 10
make lAws, NOT Tepugnant to the lave of
England; your Excellency draws this infer,
ence, that s fufely this is by charter a re-
ierve Of power and authority 10 parliament.
TO bind US by luch laws, az leaf, 40 are
made expressly to refer 10 US, and COME.
quently is limitation Of the power given to-
the General Court" it be allowed thar
BY that claufe there was reierve Of power TO
parliament 10 bind the province, it was only
by fuch laws 40 were in being at the time the
charter was granted For by the charter
therei 10 nothing appears to make it refer 10
any parliamentary avs, that lhould be after
wards made, and therefore il will nor fup-
port your ExcelIency's inference.
The gran. of power to the General Court
to make laws runs thus, -" full power and
authority, from time to time, TO make,
ordain and eitabIifh all manner Of wholfomc
and Reasonable, orders, laws, faiutes and
ordinances, directions and inamAions, Ell
Their with penalties or without 10 as the
fame be not repughant or contrary to the
laws of this our realm Of EngIand) as they
fhall judge to befor the good and welfare
Of our faid province" &c.--Wc humbly
think an inference very different from your
Excellency's, and very juf one too, NAV
be drawn from this clzsle, if attention b..
given to the defcripsion of the orders and
laws that were to be made. They were 10
be whOl(ome, rea(onable and for the good
and welfare OF the province, and in order
that they might be 70, it is provided thsc
they be "not rePugfant or contrary to the
laws of the realm," that were then In be-
ing: By which provifo, all the liberties and
irfimure les of free and natural lubieAs with
in the realm were more efeaualy iecured ~
the inhabitants Of the province, agreeable to
another claule in the charter, whereby ,hole
liberties and immuniiies are expreldy granted
to them; And accordingly the power Of the
General Court is 70 far limited, that they
fhall nos make orders and laws TO take a.
way or diminilh thofe liberties and immu-
mites.
This ConfTudiou appearsto us iua one. and
perhaps may appear 70 TO your ExeeIleney if Yen
viii PIeaGe TO eOn6der, that by another Par, of
the Charter sfeefusI Care wss taken for prevenr.
ing the General AHsmbly Paiing Of Orders and
Laws FepuRnsnt 10, OF that IN any way might M.
litats with Aes Of PsiIis ment then or inee made,
or la might be sxesP,iOnabe in any other refr,t,i