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Or, Thomas’s Bolton Journal. A Weekly, Political, and Commercial Paper .-—Open to all Parties, but Influenced by None. •DO thou Great LIBERTY inspire cur Souls,-And make our Lives in THYloffeflion happy,-Or, oiirDcatlisjr/crncr iutiiy ju»l Detente.’ Vol. lI.J FRIDAY, February 19. , -„B O S T O N. 1. o'l Tuefixy lift hi> Excellency Che Gwernor ' „„ plx.fcJ .0 feed • "• J'S' hy *« s s cr «"’’ £ tft e honourable H use of Reprefent.lives, di rafting thei attendance forthwith in the Coon ” 1 Chamber. Tne House went up •ccordrg ! Jy, and aferhis Excellency htd B’* e " h, ‘ w several engr< fled bi Is, he made the following SPEECH to both houles. Gcnitenien Ctuntil, and 6 .f<h 'J proceedings of such of the inhabitants of 'he town of Boston, as sffembled toge ® getter and p.ffed ard pub lifhed their refofees or votes, as the ad of the town at a Ie gal tewn meeting, denying in the m dt exp»eb terms lhe liameut, and in vitmg every ptinci- trift tn the province co pie and to tftabhlh comm t m |n dence toconfult upon p ope tain it, and the proccu 5 . town., in peed to me to be so «»«««” ~h hl ■ dangerous newe nod reeden ~ s * myfelf bound to call upon y . x;f coun opening the leffion. to join woh aenancmg .nd bes tng * ... 01 , geinll such irregole'ittes end innoxxtlon ■ I a .red co you fairly *»*': “ 'J’", cured, the confttwtion of the ’ the province lb ft- •• «l-« « ' h ' uTrf yon of .he Inter upon the former. .nd 1 i ft ed if you diff red from me » fenumeMl, o lh. m e wirh candor my own error., and o gwe L, ,e.f n. n ripp-« I. you m gh. diftr from me. 1 would have considered my speech y J committees, and have given me a joint nfwe , hut as the Hoa.e us Reprc(c«»ci*« h,ve d ‘ c ” | ned th .t mode of proceeding. ' c’ple. tn government are very k . obliged co nuke “ d d,S, " a “ plies ' I shall firft apply myfelf » F - of tbt Council The two fi.ft parts of your anfwr, wh f P tft thediforders occsfiones by the > p L the 6 e.«.1 0f »P’X” u not appear t? me to have a te f n -ech • date any thing which 1 have find in my » for, however the flamp aft. W au tho immx.li.tx o«.li»«f ‘*l i„ ,i,y of px, umxm w» noi-iiM*"'*''' 8 d " r ,ix order tr juflify or excule them. U ’u >fn ent, num. ol ihx fu ? rmx .u h.'«r °f f^“r X’ I h.„ nx«. gi... y- «y «'f”!° ‘“fr ‘ J intended . mo.x .bfd... P- 'S nsturx of jo.crnmxnt Ixt thx form 7. m«- I M ' h '" fo " ' p,( ‘ T" 1 ct you'.rf—xr with 01 any o ' fT'*.-n alb aulhoridx. w ich r u baxe b c ! S ■ j b ail i.xe. ufon En.lifh lot con I Tino, of tex .a no, of 1U4.0S •'"« I*""! | mraonwnh the Lo.d. and l-omm»«. > . krnotd .«y rxa- ily h.»e allowed k . « Uno da. .ewllty h— .1W•"^ her of ec>(l.non mutt be piff.d by the fame j - kutho iiy ‘rd not by the King alone. Indeed lam not wiling to conttaue ac n troverfy wi.h you upon any other p» t» of your •nf*en lam ghd to Sad that iadeper.de ce is what have nt in contemn anon ; andthat you will not prcfume to prdC’ibe the riad imits of the an hority of parliament; only as with due deference to it. y'U humbiy of opinion, that aa all human au.h -my in the na.ura of it is ard tht to be limited, it cannot con ft i tut on glh extend, for the reifooe you hive fugiefted, to the letting of taxes in any form on hu Ma- tefty’s luti- -f this provirc*. I oil only cbferve, that yon- attempt* to dr-w s lice at the 1 mits of the tuprcme authcn fv i by d.ftmj.u > • •g »1 i/h.s .< exempt from such ru h rity than tie rest, rathrr tend to evince the Impr.ft’cab lityof drawing fu-h a aneandl that ot year «f.« •• •"<" * £ ptemrey in the p.evince, attre fame tm- * L a - k ovl-fre the h-prcmacy of parluxent, CXXifc <5 .u wj« a » ««« « th: fm. h all *» J* 01 * THURSDAY, February 25, 1773- them to be, in all parts of the dominions, “ un der a like form of I.egifl.ture.” From thefa, therefore.and other confideradonr I cannot help flattering myfelf, that upon more manure deliberation and in order to a mo e con fident plan of government, you will chufe rather to doubt ofthe expediency of parliament’s txercil ing its au hority in cases that m y happen than to limit the authority itfelf, tfpeciJly as y u agree with me in the proper method of ob aining a redress of giivances by coi.fiitu ional rep e fentations, which tannot well confiti with a de* nial of the authority to which the repre sentations are made; and from the best in • so mation I have been able to obtain, the denial of the authority of parliament, expressly orby implication in those petitions to which you refer was the c«u<e of their not being aamined, and not anv advice given by the miniiler to the a gents of the color ies. ’ I mud enlarge and be much more particular in mv reply to you> Genutmtn »f tht Houh ts Rtprtftntativth I fhali take no notice of that part of your an fwer which amibutesthe difotders ofthe pro vince to an undue exercise of the power of par liament, bec«ufe you take for granted, what can bv no means be admitted, that parliament had exercised its power without just authority. The Him of y< ur aufwer, so far as it is pertinent to my speech is this. Y u al edge that the colonies were an acquisi tion of foreign tenitory not annexed to the realm of England, and therefore at the dffpofal of the crowa ; the King having y wu. ake it, a corfiitutional right to di । pole httMtt «n» part of his territories not the realm—that Queen Elizabeth accordingly conveyed the propei ty, dew ten and Jtvreignty < f Virginia to Sir Walter Raleigh to be held of the crows by and a certain render, with mt referring any flure in the kgiflative end executive authority—that the febfequent grants of America were similar in this ref r ed,ihat they weie without ary reservation for fecuing the fuhjtdion of the colonies to the parliament and fttiUie laws of England.—that this was the sense of the Engiilh crown, the nation and our prede cefLis when they fit ft uok p.fl’effi'n of this country—that if .he colonies wee rot then an nexed to the realm they cannot have been an , nexed ft ce that time—hat if they are not now to the realm they are rot p-rt of the and corfcqueody not fubjeft to the le- ; g flati’ve • u:h jrity of the k ngdom ; for no coun- : t y, by the common law, was fubjeft to the '»*• or to the parliament but the rca'm of England i No* if this y jut fourd«tion (hail fail you in | every part of it, as I thtr.k it will, the fab.-ick which you hive upon it muftcertainly fa! . | Let rrte then obs rve to you thst, as Engiilh I subj fts, and agreeable to the dod ine of feudal tenure, a 1 our lands and tenements are held mediate y or immedia aly of the errwn and al though the pc ffrffiun and ate or profits be in the fubjed there dill remains a dominion in the crown. When anv new cm tries are difeover ed by Enplifh fubjsdt, according to the general I law ard uf.ge of nations, they become part of the ftste, and, according to the feudal lyftem, the lordfhipOr dominion is in the crown and a right accrues of difpafing of such territories, un der such tenure or for such services to be per fo-tned as the crown shall judge proper, and whensoever any part of such tenitoriea, by grant from the e<own, becomes the pofltfli >n or pro perty of private persons, such pei funs, thus ho'd irg under the crown of England, remain or be come fubjeds of England to all intents and pur poses, as fu Iv as if any of the rcyal manors forefts or other territoiy within the rea'm had been granted to them upon the like tenu e But that it is now, or was when the plantations were fi ft granted, the prerogative of the Kings of E'gland to alienate such territories from the crowr, or to confti.u e a number of new govern menta altogether indeperdent of ths f verdgn legifl »t ve authority of the Engtfli Empire, I can by no meirs concede to you. 1 have never fren any better authority to support such an opinion than aa anonymous pamphlet by which I fear you have too easily been milled, for I shall prefendy stew you that the de derations of Kvg Junes the fi ft, and of King Charier the till, admiting they are tru y related by the author of <hi pamph et ought to have no .weight with ycu ; uor dees the c ffim or redo taKon, u-'O'’ a treaty of peace, of csanuies which hr: bet". IoA or v edii war aid we .ti 4 hefe principles, nor may any part cular aft of p;wer of a prince in felling or delivering up any part of his dominions to a foreign priace or state against the general fen fie of the nation be urged to invalidate them, and upon examination it will sppear th at all the grants which have been made of America a e ' founded upon them and ate made to conform to them, even th fe which you have adduced in support of ve y difEient p inciples. You do not recoiled that, prior to what you call the firft grant by to fi Walter Raieiyh. a grant had been made, by the fame princess, to fi' Humphry Gilbert of all such ccuntries as he fojuld difeover which were to be ts ibt »fb>r,htr bein tnd luccifftn but, he dying in the p ofecuti m of his voyage, a se cond giant was made to Sir Walter, Rale'gh which, you fay, conveyed the dominion and f >veretgnty wi hout any refer ve of 'egifl.tive or executive authority bting bt'd by bun gt and a rtndtr, • To hold by bomagt, which implies fealty,and a rndtr is defcriptiveof focage tenure as fully as if i h.d been C*id to hold at of onr manor of Ea/i Grttnuuitb the words in your ch >rter. Now this slone was a reserve of domi nion and fove eignty in the Queen her hei s and fucceflbra and, tefides this, the grant is made upon this express condition, which you pass over, that tbt pttfU romain Jubjefi to tbt crown of England, the head of that legiflattve authority *»hich, by the Engiilh conftiiulion, is equally extei five with the aothority of the crown every part of the dominions. Now if wbJmld suppose the Queen to have acquired ieperatdfrom her relation to her fuhjzfts or in capacity, which she could not do, a TTTfto a country difeovered by her fubjefts and then to g ant the fame country to English fub jefts in her public capacity as Queen of England Itdl by this grant she annexed it to the crown Thus by nut diftinyuilhing between the crown of England and <he Kings and Queens of Eng land in their perlons) or natural capacities, you have been led into a fundamental error which mull p ove fatal to your system; It is not material whe her Vinnie reverted to the crown by fir Waite's attainder or whether he never teuk any benefit frum his grant, though the latter is most probable feeing he ce fed from a I attempts to take pofEflion of the country after a few years trial. There were, undoubtedly, divers grants made by King James the firft of the continent of Am rici in die beginning of the 17th century and funilar to the grant of El zabethin thia lefpeft, that they were depen slant on the crown ? T'te cht'ttr to the cou ci 1 at Plymou h in Dev.n dated November* 3d, 1&20 tn -re immedute.'y re• pests us, and of that we have the most auth ntiik remiiqs. By thia charter, upon the petition of Str Fer dinando Go’ges • corporation was constituted to be and continue by fucceflion forever in the town of Plymouth afurtfaid, to which corporati on that part of the American contir ent which lies between the47® and 48®dtg res of lati tude wa granted to bo btld of tbt King bit boirt and IncCtffor t nt of tbt manor of East Grtenwicb with powera to conftitote fubordioate govern ments in America and to make laws for such governments, ntt repugnant to tbt lawi and ftatutet of England From this corporation you’ prcdecefT rs obtained a grant of the foil of thcco'onyof MafTachufetts-Bay, in 1617, and, in 1618. they obtained a cnarter from K. Charles the fi ft making them a difbnft co’po ration, also within the realm, and giving them full prwers within the limits of their patent, । very like to those of the council of Plymouth hrooghout their more extenfivc te rito-y. We will now confider what must have been the fenfie of the King of the nation ar.d of the pa. tebtees atthe time of gtantirg these patents, bn m the year i6oa the banks ano fee eoails of New-. Eng’and had been frequented by English fubjdh foroatchlng and drying cod-fiih When an ekdn five right to (he fifhery was c aimed, by virtue of the patent of 1620, the hcafe of commons was alarmed and a bill was brought in for alloWing a Mb finery and it wit Upon this occaiijo that one of the feretaries of (late declared, per haps ashis own opinion,that (he plantations we e not annexed to the crown sod so were not with in the jurifdifiion of parliament, bit. Edwin Sandys, who wu one of the Virginia company and an eminent lawyer, declared that he knew Vi had been annexed and war held •/ tbe en wu at ts the mw •/ Erf -Green with and be believed Ncw-EngUnd nufoaiG; and so it most ceraialv was This drcla’ition, mrde by one of the Kir g’i servants, y«u f y lh wed the sense o the crown ard. bring not tecretir but openly declared in par i men’ y u would 11 ake it the sense of the nation a fi, notwith* Handing your own aflrrtijn that the Lord* and comm ins patted a bi I that Ihewed their sense to be directly the contrary. But ifthere had bean full evidence of express declaration! made by King Jim's the firft, and Cha lea <h firft they were declare i ns contrary to their own grants, which declare this country to be held of the crown and confequer tly it mull have been annexed to it. And m»y not fu h decla tions be accounted for by ether actions of those princes who when they we e G icttmgthe par liament to grant the duties of tonnage and poun dage with other aids and were, in 'his way, ac knowledg’ng the rights of pa lument, at the lame time were requiring the payment of thofe* duties wi h (hip money, &c. by vtr.ue of their prerogative ? - But to remove all doubt of the sense of the nation and ofthe patentees of this patent or charter in 1620, I need only refer you to the ac count publilhed by Sir Ferdinando Gorges him felf of the proceedings in parliament upon this occaficD. As he was the most aftive mem ber of the council of Plymouth and as he relates what came within his own knowledge and ob fervation.his narrative,which has all the appeac ances of truth and fincetity, must carry convic tion with it. He fays that toon after the patent was pitted and whilst it lay in <he crown-office he was fummooed to appear in parliament to atfwer what was to be objefted agiinll it, and the house being in a committee and Sir Edwaid Coke, ih.t gteat Oracle of the law, in the chair, he was called to the bar ar>d was told by Sir Edward that thehrufe ur.derftoud that a patent had been granted to the ftid Sir Ferdinando and divers other nob e pe-foru for eftabafli ng • colony in New-England, that this was deemed a grievance of the comm’m wealth contrary to tbt lawt.ond to the privileges of the fonjeft, that it was a monopoly, Ac. and he requiicd the delivery of the patent into the house. S<r Ferdinando Gorges made no dcobt of the au thority of the hvufe but submitted to their dis posal of the patent as in their wisdom they thought good “not knowing, under favour,hew any aftion of that kind could be a grievance to the public,feeing it was undertaken f>r the ad vancement of religion tbt tnlorgmtnt tftbe bettnat of tnr na ion. Arc —He was willing, however, to (übmit the whole to their horn u able cen fuxa" After divers attend areas Ie imagined he h«d (atufied ।he house ihrt the planting a colony wasrf mucn more c-nf quer.ee than a fin.ple difuiderly c< use of fiflung. Hr w>a, r.otwithflar.dirg, difsppointed and, w en the public grievances of the kingdom wee prdented by the two houses that of the p tent fur Ncw- Enghnd was the fi ft. I don know how the pir iament could have sh wn more fully t e sense they then had of their authority over this new acquired territory, ror can vetxpctt better evidence of the sense which the patentees had of it, for 1 know of no hiflorical lad cf which we have left reafrn co duubt. I*. And now gentlemen I will sh. w you how it appears from onr charter itfelf, which you lay I have not yc< been pleased to point out co you except from that clause which reflrains us from making laws repugnant co the laws of E gland, that is was ihe sense of our predecetto a. at the time when the charter was granted that they were to remain fubjeft to the flit reme au.iurhy of po'liawenc. ... • *• e B tides this daufe, which I stall htvepcwfi n further to retra k upon before t fi< ilh*ju w !l find that, by the charter a grant was madeof er cm ption from all taxes and im potions upon a oy goodi imported rats expoit ed from thence into England fur the fpsce «f twenty one pears, except the custom of five per cent upon such goud> as, after the expiratinn cf seven years, should be brought into Nothing can be mot plain than chat rhe char ter, as well as ihe patent to the council of I'll mouth, canftiiu.es a corporation io Fnghad with powers to Ore Ue a subordinate govern ment or governmen t within the plantation, so that there would a ways be fu jeeU of tax es and impefit ons both io the kingdom and in the plantation. An exemption for twenty one years implies a right of impofiboa after he exoiration of the term and there is no diftindipn between the kingdom aud the plan- [Numb. 108.