The Massachusetts spy, or, Thomas's Boston journal. [volume], February 04, 1773, Image 1

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

Image provided by: Boston Public Library

                
Or, Thomas s Boftoii Journal
A Weekly, Political, and Commercial Paper :-Opert to All Parties, but Influenced by None.
'DO thou Great LIBERTY msrißE our Souls,--And make our Lives in T H Y P ode 111 on happy,--Or, curDciths glorious in thy just Delcnce.
VOL. ll.]
FRIDAY, January 29.
BOS T O N.
In COUNCIL, January 2a, 1773.
The committee appointed to prepare an
anfwertn his Excellency’s Speech, beg leave
to report to the honourable board, the fol
lowing draught of an answer.
In the name of the committee.
James Bowdoin,
In Council, January 25, 1773*
Read and unanimoujly accepttd, and trtier
ed that fVilliam Brattle., Hcnrifon Gray,
Jamti Pitts, James Humphrey , and Benja
min Greenlejf, Esquires , be a committee to
present the Jane to his Excellency.
Tho’s. Fluclcer, Sec’ry.
To his'Excellency THOMAS HUTCH
INSON, Efquire,Governor and Comma
nder in Chief of the Province of Mafia
chufetts-Bay, &c.
The Address of his Majesty’s Council of
the fard Province.
Mat it vibasi you*. Excillewct,
SHE board have considered
your Excellences Speech
4o both houfcs w ; th the at
tention dtie to the fubjedt
of it ; and we hope with
the candour you are pleased
to recommend to them.
Wc thank you for the promise, that 41 if
we (hall not agree with you in fentimcnta,
you will with candour likewise, receive and
confider what we may offer in anfwer.*
1 Your speech informs the two houies, that
Isis Government is at present in a disturbed
id disordered (fate ; that the cause of this
[(order is the unconstitutional principles a
bpied by the people in queftloning the fu*-
reme authority of parliament; and that
se proper measure for removing the difor
ler mull be the substituting contrary princi
les.
Our opinion on these heads, as well as on
Ime others proper to be noticed, \vtll be
ibvious in the cuuife of (he following obser
vations. ♦
With regard to the pre/ent disordered
late of the Government, it can have no re*
L rence to tumults or riots: From which this
Government is as free as any other whatever.
If your Excellency meant only that the pro-
I vinee is difeontented, and in a date cf un
eaftnefs, we (hould intireiy ag r ee with you :
But you will permit us to fay we are not so
well agreed in the cause of it. The uneasi
ness, which was s genet al one throughout
the colonies, began when you inform*us the
authority of parliament was firft called in
question, viz. about leven or eight yean ago.
Your mentioning that particular time might
have suggested to your Excellency the true
cause of the origin and continuance of that
uneasiness. j
At that time the Stamp-ff!, then lately
made, began to Of. erate: Which with fume
preceding and succeeding a#s of parliament*
fubje&ing the colonies to taxrs without their
Confenr, was the original cause of all the un
cafineft that has happened fmee ; and fcaa
occasioned alio an enquiry into the nature
and extent of she authority by which they
were made. The late town meetings in
ieveral towns are inftancet of both. These
are mentioned by your Excellency in proof
of a disordered state : But though we do not
approve some of their refotves, we think they
had a clear right to inftruQ their represents
fives on any fubjefi they apprehended to be
of efficient importance to require it: Which
neceflarly implies a previous confederation of
and exprefßon of their minds on. that sub
jea : However mifiaken they may be con
cerning it.
When a community, great or small.
think their rights and privileges infringed,
they will exptefs their unesftnefs in a vatic*}
of ways : Seme of which may be hi^.ij
THURSDAY, February 4, 1773.
tmproprr, and criminal. So Far as any of an
atrocious nature hive taken place, we would
express our abhorrence of them: And as wa
have always done hitherto, we (hall conti
nue to do, every thing in our power to d:f
courage and suppress them. But it is vain
to hope that this can be done effectually so
long as the cause of the uneaUncfs which
occasioned them cxifts.
Your Excellency will perceive that the
cause you aflign is by us supposed to be an
effect derived from the original cause above*
mentioned : The removal of which will re
move its effects.
To obtain this remova 1 , we agree with
you in the method pointed out in your
speech, where you fay, “the manner of ob*
taining redress muff be by rtprefcntationl
and endeavours in such ways and forms as
the conftitutiotr allows, in order to make a*
ny matters allcdgcd to be grievances appear
to be really such.” -This method hat been
pursued repeatedly. Petitions to parliament
have gone from the colonies, and from this
colony in particular } but without success.
Some of them, in a former ministry, were
previously (hewn to the minister, who (as
we have been informed) advised the agents
to poffpone patenting them to the Houfo-of
Commons until the firft reading of UfeEoiU
they referred to: When being 4
rule of the houfc again# receiving petitions
on money bills was urged for the rcjediigf
of them, ard they were rejetfted accordingly:
And other petitions for want of formality,
or whatever was the reason, have had the
1 fame fate. This we mention, not by way
of censure on that honourable hoofe, but in
some measure to account for the condudf of
those petfons, who despairing of redress in a
conftituhonal way, have denied the just au
thority. of parliament: Concerning which we
shall now give our own sentiments, intermixt
with observations on those of vour Excel
#
lency*
You are plea fed to observe, that “ when
our predeccffois fir ft took pofieifioo of this
colony, under a gram and charier from the
crown of England, jt was their fenfc, and
it was the (enfe of the kingdom, that they
were to remain fubjerft to the supreme autho
rity of parliament.” And to prove thar (ob
jection the greater part of your speech is em
ployed.
In order to a right conception of this mat
ter, it is neccftary to guard again# any im-
f roper idea of the term supreme authority,
n your idea of it your Excellency fee ms to
include unlimited authority t For you are
pleased to fay, you “ know of no line that
| can be drawn between the supreme authoii*
ty of parliament and the total independence
j of the colonicsßut if no such line can be
; drawn, a denial of that authority in any irf*
fiance whatever, implies and amounts to *
declaration of total independence. But if
supreme authority includes unlimitted autho
-1 rity, the fvbjf*£b of it are emphatically
Haves: «p*Uy so, whether residing m
the color 1 j^wir'eai-Britain. And indeed
in this iupgU all the nations on earth, a
mong whom government cxifts in arty of its
forms, would be alike conditioned : Excep
ting so far as the mete grace and favour of
their governor* might make a difference:
For “ from the nature of government there
muff be, as your Excellency has observed,
une supreme authority over the whole.”
We cannot think, that w when ourpredc
ceflors firft took pofTeffion of this colony, it
was their sense, or the Tense of the kingdom,
that they were to remain fubjeff to the fn*
preme authority of parliament” in this idea
of it. Nor can we find that this appears
from the charter { or that such authority has
ever been exercised by parliament, fubrmt'ed
to by the co'ony, or acknowledged by the
Leg (htu;c. - .
; Supreme or unlimited authority can with
funds belong only to the foveretgn of the
universe: And that nutefe w denvbd from
the perfection of his Nature.t-To such au
thority, direCVed by infinite wiflom and infi
nite good nets, is due both active and passive
obedience: Which as it conitutiles the happi
ness of rational creatures, Oiould with cheer
fulnefs and from choice he unlimi'cdly paid by
them.—-But with truth this can be said of no
other authority whatever. If then from the
naturd and end of government, the iupieme
authority of every Government, is limited,
the supreme authority of parliament mult
be limited} and the enquoy will be what
are the limits of that authority with regatd
to thisatolony f--To fix thi.m with preciti
on, to determine the exad lines of right and
wrong in this case, as in (ome others, is dif
ficult j and we have not the preemption <0
attempt it. But we humbly hope, ihat as
we are perionally and iclativcly, in our pri
vate and public capacities* for ouifclves, tor
the whole province and for all poftc'ity, so
deeply intereffed in this important fubjr-Cl, it
will not be deemed arrogance to give some
general sentiments upon it, cfpeciaiiy as your
Excellency’s speech has made it abfoiutely
* j _, . v
JW this purpose we shall tecur to those
retibiffli that contain the main principles on
the Engltlh confutation is founded,
fnd from them mske such ektraCls as are
pertinent to the fubjeft.
Magna Charta declares, “ than lib aid
shall be imposed in the kingdom, iinlels by
the common countii of the kingdom, ex
cept to redeem the King’d perfou, itc.” And
that “ all cities, boroughs, towns tod ports
(hall have their liberties ind free customs 1
and shall have the common council of the
Kingdom concerning the aflufirnent es their,
aids, except in the cases aforefaid.
The flatutfc of the 341(1 of Edward 1. de
tall agio non concedendo, declares “ that no
tallage or aid fhoald be Uid or levelled by
the King or his heirs io the realm, without
the good skill and client of the Arch Bifhopt,
Brfhops, Earls, Barons, Knights, BurgeHes,
and other the free om of the commonalty
us this seelm.”
A statute of the 15 Ed. 3 enafts “ tbit
from thenceforth no period shall be compel
led to make any loans to the King against
bis will, bccaufe fwch loans were agsinft rea
son and the frsnehife of (he land.”
. The petition of rights in the 3d of Charles
(ft, m which are etted the two foregoing
ftatutes* declares that by those H Statutes, and
other good laws and statutes of the realm,
his Majcfty’s subjects inherited this freedom,
that they (hould not be compelled to contri
bute to any tax, tallage, aid, or otherlike
charges not set by common confcnt x>f Par
liament.’ 1 And the ftatssie of the iff of Wil*
liam 3, for declaring the rights and liberties
of the fubjed and fettling the fuccefton of
the crown declare*, “ that the levying of
money for or to the use of the crown, by
pretence of prerogative without grant of
parliament, for longer time, or in any other
manner then the fame is oc shall be granted,
is illegal.”
From these authorities it Ippeeri an es
sential part of the Enghflt eonffitution, that
no tallages or aid, or tax (hall be laid or le
vied “ without the good will and afTent of
the free men of the Commooalty of the
realm.” If this could be done without their
aflent,ibeir property would be in the highest
degree precarious * or rather they could not
with fitnefs be fsid to have any property at
all. At best they would be only the holders
of it (of the use of the crown * and the
crown be io fa& the real proprietor. This
would be vaflullage f the extreme 1 from
which the generous nature of Englilhmen
has been so abhorrent, that they have bled
[Numb. 105.,
with freedom in the defence cf this pert r»f
their constitution, which has prefervrd them
lromit: And infiudiced by the fame gene
rosity, they can never view with disappro
bation any lawful ineafutes taken by u> hr
the defence of our own conflirutior, whirls
intitlrs us to the fame rights and privileges
with thernfclves.
These were derived to us from Common
law, which is the inheritance cf all his Ma
j- fly’s fubjecto j have been recogn-xed by i <f|«
of Pail lament ; and confnmrd by thr pro
vince charter, which efhbiifhed its corfino
tion ; and which charter has be*n recrgtlifc
ed by aft of parliament alio. i hrs adt was
made in the fecund year of his late Msjeffy
Geo. 11, for the better preiervation of his
Majdty’s woods in America : in which is
recited the clause of the said charter, reserv
ing for the use of the Royal. Navy all tries
suitable for mart, : And on this charier ia
grounded the succeeding e/ia6ling cUufe of
the adt. And thus is the charter implicitly
confirmed by adl of Parliament.
•Kiom all which it dp pears, that the in
habitants of this colony are dearly intltledto
1 alt the rights and privileges of tree and
tural fubjedts! Which certainly muff include
that moil efientia! one, that no aid or taxes
be levied on them without theiT own con*
fenr, fignified by their representatives. But
from the cliufc in the charter relative to the
power granted to the General Court to
niak« laws, not repugnant to the lawe of
England; your Excellcncy draws this infer-,
cnee, that “ finely this is by charter a re
fers* of pobfcr and authority to parliament*
to bind u« by such laws, at leaff, as are
made exprtfsty to refer to us, and conse
quently it a limitation of the power given to
the General Court,”—lf 4t be allowed that
by that clause there was a referee of power to
parliament to bind the province, it was only
by such laws at were in being at the time the
charter Was granted : For by the charter
there is nothing appears to make it refer to
any parliamentary laws, that (hould be after
wards made, and therefore it will not sup
port your Excellency’s inference.
The gram of power to the General Court
to make laws runs thus,—full power ami
authority, from rime to time, to make,
ordain and eilabiifh all manner of wholfome
and resfonable, orders, laws, ffaiutcs and
ordinances, diredlions and inftrudtions, ei
ther with penalties or without (so as the
fame be not repugnant or contrary to the
laws of this our realm df England) as they
shall judge to be<for the good and welfare
of our said province,” fee—We humbly
think an inference very different from yt>ur
Excellency’s, and a very just one too, mav
be drawn from this clause, if attention be
given to the defeription of the orders ami
laws that were to be made. They were t*»
be wholfome, resfonable and for the good
and welfare of the province, and in order
that they might be so, it ii provided that:
they be “ not repugnant or contrary to the
laws of the realm,” that were then in be
ing : By which proviso, all the liberties and
irtimuis ies of free and natural fuhje&s With
in the realm were more cffc&ually secured tr*
the inhabirants of the province, agreeable ro
soother clause in the charter, whereby those
liberties and immunities are estprefsiy granted
to them ; And accordingly the power of the
General Court is so far limited, that they
shall not make orders and laws (o tske a
way or diminish those liberties and immu
nities.
This CanftruAlon appears to os a just oar, ard
perhaps may appear so to your Excellency if yt.su
will Dleal* 10 con fitter, that by another Part of
the Charter fffrftual Care »r taken tor prevent,
ing the General AfCmbly palling of Ordm and
Laws repugnant lo,oe that in any way might mi
litate with AAs of Path; ment then or fiace triad.,
or tlA' might be exceptionable in any other refjW, t
[Perth remainder fei the la/ifmpe.'\