The Massachusetts spy, or, Thomas's Boston journal. [volume], March 11, 1773, Image 1

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

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A Weekly, Political, and Commercial Paper Open to all Parties, but Influenced by None.
‘DOthou Great LIBERTY inspire our Souls,—And make our Lives in THYPofieffion happy,—Or, our 'Death % glorious in tiiy ju&t Defence.'
VOL. lII.]
ANDREW NEWMAN, '
WHITE SMITH
BEGS leave to inform his friends
and the poblic, that he makes and repairs
all kinds of scale beams, (teel yards and locks
as reasonable as can be done in Boston.
N. B. Said Newman served his apprentice-
Blip to Mr. John McClench late of Boston,
White-Smith. By enquirirg of Mr. BUke. the
Town-Sealer the public may be informed of the
quality of his feale-beams and fietl yards.
Said Newman work* in the (hop now im
proved by Mr. William Jalper, Cutler, from
, London,juft below John Hancock, Efq’rs. new
brick buildings near the Mill-Creek, Boston.
Imported from London, and to be fold by
ELIZABETH CLARK
and NOWELL,
At their Ihop, between the blue ball and the
Mill Bridge, Boston, the following garden
feeds, viz
EARLY Charlton, early Hot
fpur, early golden Hotfpur, large Marrow
fat, both sugar, large fugsr, dwarf and g’cen
marrowfat, and earliest Nicholas Peas, large
Windsor and early white and yellow kidney
Beans, early Dutch, early Yorkihire, green cur
led Savoy, early Batterfea, Urge Winter, filler
loaf, yellow Savoy and red Cabbage Seeds, early
and late Colliflower, large long Orange Carrot
• feed,early yellow and purple ditto, Swelling
. Perfnip, red Beet Seed, marble Cabbage, brown
Dutch, white end green Gofs, end grsnd Ad
miral Lattice Seeds, Thyme, (olid Cellery, Por
tugal Onion Seeds, early Salmon Radish Seed,
fine red Clover Grass Seed, leaflet and Turnip
ditto, early Dutch Turnip Seed, round Splnage,
white Mustard, curled CrefTe*, b'oad leaved
ditto, Silver skinned Seed, choice bulling and
• split Peas, Ac. All wanarf.cd r.ew and of the
V genuine fert- __ _
• To be SOLD by
JOSHUA BLANCHARD, jun.
At his ft ore on Dock c quare,
boston.
BOHEA, Hylon and Souchong
Tea, Double and (ingle refin’d Loaf Sugar,
Brow" Sugars of various fo.o, ChecoUte war
ranted pure, Cocoa, Ccffee, Pepper. Pimento,
New Rarfma, Curranta, Prusnts, Spices c f all
fort*, Florence Oil, a few quintal* of choice
Dumb Fi(h, Ntrraganfet Cheese, best French
Indigo, Redwood, Logwo-d, Brimstone, Allum,
Copperas, Sek-Petre. Kippen’s Snuff, and To.
bacco, best Durham Mustard, Crates of Cream
Coloured Ware. 15 end 18 loch T. D. Pipes,
Playing Cards, Pins, Large and Smell Slates.
Velvet Corks, Sieve Bottoms, Ene’ifh Soles,
Powder, Shot, Bar Lead. Split Pesfe. New Rice,
* Olives. Capers, Almond*, Turkey-Figs> and a
neat assortment of Glafi Ware.
N- B. The above articles will be fold in eny
quantities, «d « ch «‘P M ,n 7 ft ° fe in to^n>
TWENTY DOLLARS Reward.
WHEREAS on the 20th inst.
one JOHN KETCHUM, came to
the house of the fubferiber and hired a black
HORSE, about 14 hanfs snd an h ls high of
she following marks, vix a ve.y full eye, the
Ltr ciit under his throat,-, ery remarkable fwiich
mine end tail when he went from mt, trots and
peers, carries hi* fore feet low, his hind feet
wide, and what is more remarkable is that on
each fide where the girt Vuckle* are placed, the
hair is worn off dole to the lkin, whoever will
take up the (aid mu and horfv (hall have for
their tnonble Tweaty Dollars, and for either of
them Tee DoUai* each, apd all nec. ffsry chaiges
paid by WILLI AM ROGERS.
''* N. B. Said KiTCHVU is a tall man near
fifty years of age, fomethirg ma ked with the
fWH po*„ light dyes, had on a light coloured
• fur tcut c«*vt i; the fame he took the
hotfe he (hipped hrmfelf oa board the berg A*
tnerica, Joha Minbt, m»fUr, for Sorranam, snd
received a month’* pay, and it is supposed he is
gone to CoßieAleut or New Yoik, m he hid a
fsm'lv in the formn province
A Convenient DlackltniUi s ihop
lat the North End. Enquire of the
Printer.
Or, Thomas’s Bolton Journal.
THU RSDA Y, March ir, 1773.
FRIDAY, March 5.
B O S T 6 N.
By a letter fiom St Vincents of the 14th of
January, ult. we ate irfuru.ed, t'al a regiment
from arrived there two days before,
and were then prepared to difembatk, in confe
rence of an oider from the camp, and that they
were to nuten by day-tight to the head quarters
—thst the army consists of about z$ r o men —
that the Indians have but little success, ai d will
not give the troops an opportunity of fighting
them openly, prefering their ufaJ method of
bush fighting - That a Lieutenant Colonel
and three other officers h«d been killed, besides
private:, and that the Ca.aib* seemed dcteimined
to Hand it out to the last extremity, though they
had been obliged to retire to the mountains
That all the fca coast bad been taken poffcffion
of, quite round the Ifltnd, which ptevented
their receiving any supplies, ami the men of war
being cunftantiy entiling :—'That the country is
very hilly*with a vast deal of under-bush, which
obliged the English to cut their way through,
and fight at the (amt time -.—That they march
all night in parties, and lie by in the day*
Our last advices from St. Vincents are, that
Col: Welch, with fix men, having penetrated too
far into the Caraibs country, were attacked by
them, and after a molt noble defence were nil
lulled on the spot; that the Caraibs had sent a
messenger to Col. Dalrymple to know whmgima
he would give them, but that the anfeK&iefit
them by theCol.was not known by thft
from thence, which are ns late as of
J /n is f
MHiftry. 4$
- 1 11 =S
SATURDAY, March 6.
BOSTON.
This (fay his Excellency the Governor
was plealed to piorogue the Great and Ge
ncral Court of this province, to Wednesday
the 21 ft day of April next, after delivering
the (i l owing SPEECH to both Houfe* of
Affombly, vis
Gentlemen of the Council , and
Gentlemen es the Houje of Reprefentativee
a THINK it incumbent on me
to make some obfervationt.
before F put an end f 1 the fef
fits®, upon your luJfcgiaff get ,
to me o& the fafiJeHL /our
conftitational depvwlanceup
on the fupKtne authority of th« Bfttffc domini
ons. As the Council admit n partial depen
dence, and fuppHe it to be confident with the
prir.ciples and nature of govern meat, I Hull only
endeavour verv briefly to (hew the contrary.
In your firft nteffige, Gen lemcnof the couo
c l, you mide some ftriflures upon the nature of
the supreme authority in government, both di
vine and humtn, the latter of which you de*cr
mined coulJ no be absolute and unlimited. 1
thought thediftinttho between divine and hu
man power nor pertinent, and in answer to you,
i only remarked, rhat I had given you no reason
to suppose I intended n more abfo/ute power in
parliament than what is founded in the nature
of government, and this, in your second mefiage
you construe an acquiescence in your raafons,
which it certainly was not. You go on how.
ever to explain your meaning by afTcrdng, that
“ What i* ufualiy denominated the supreme
authority of a nation must be limited in ita alts
to the objefls that are propc ly or coeftituaon
ally cognizable by it.’’
Before you thus defined the nature of supreme
authority, I with you had confidcred more fully
what objects there can be in a government which
ate not cognizable by fitch authority. You iu-
Itance in a Jubardtnate power in government
which, wh.lll it keeps within its limits, is pot
fhUjeCt to the controul of the mprune power.
Is there noinconfifteocy n supposing a /nftwM
nett power without a p* wer /uptreer 10 it t Must
it not so far as it is wituout coniioni be, ufelf,
supreme t
It it offend 1! to the being of government that
a power th u d xlw js ex.ft which no o her
power within such government esa have tight
to withftaod or controul ; Therefore, when the
word pvu.r relates to the supreme autWity of
goteremcat it must be uadcrfloud ebjuutt snd
unlimited ,
If we cannot ag-ce in these principles which
no fcnfible writer upon government has before
denied, and if you are ltifl es opinion that two
jurifiiiAiona, each of them having a flu e in the
supreme power, are compatible in t e fame 11a e
in can be to no purpose to rralon 0* argue upon
the other parts of your message. It is enough to
observe that this dis gretment in our pri iiple»
will hsve its Influence upon all the deductions
which are Dude from them.
1 will alfoconfider ihe lift mtffage from you,
gentlemen of the honfeof teprefematives, upon
the f.mc fubjefl, in as few wore* as the impor
tance of it will admit.
You fay you have not difeovered that the
ptinciplc* advfoced by the town of (jod m are
unwarrantable by the conilitution. Whether
they me or are not, will depend npin the de
termination of the point which you are now
controverting. Your not having dif-ov red that
the other towns and diftritts in the province,
were invited bytbe town of Boston to adopt
their principles, mult pioccndlrominnattention.
Have not (he doings of that town been lent
through the province, accompsincd with a cir
cular letter, “defiling a free coiiununicatton of
fcoiiments," and, among other expressions of
the hke tendency, lamenting the ex inftion of
ardour for civil and rdligiouk liberty if it should
be the general voice of the province, that the
Tightens Hated do not belong to them, and trad
ing that this cannot be the cafit. If this is not
.inviting to adopt their principles,!have mistaken
Jfiki (safe and meaning. The eonfequent
cuing* of so many other {owns shew that they
them Ik I have done. 1 as lure 1
have no disposition to represent unfavourably
the doings of a*y town in the province.
r Yon affett**' that it ft'the indisputable right
of all or uny of his Majesty’s fuhjefts in this
province r/gulmrly and erderly to meet together
to Rate the grievances they labour under, Uc
1 never denied it. Doe* it follow tlm it i*
regular and ordertj for ihe inhabitants of towns
in their corporate capacity to meet and deter
mine upon points which the law give* them no
power to ait upon ? You have not affsried that
it is, but you have not declared that it is not,
ai 1' thenight a regard to the peace and order of
the province made oar doty. *
If the fundamentals of our government were
not disputed, these irrlgumrites would appear to
you in n very ttrong light and you would j jin
in dife juntenaacing them.
To support your piincipie that you h >ld your
land* snd derive your authority of government
from the K>"gt of England and not from the
Crow* of Rngland, you have very largely hand
led the doctrine of feudal Tenures. 1 observed
to you in my I** fpe«ch that you had been
misled by the authority of an anonymous pam
phlet. lam bow obliged to observe that you
are again misled by having a general view of this
doAriac brought before you, a* it relpeAa states
or governments unde* iWblute roona.chs, and
not as it is conncAed with or grafted upon the
English conftkuio*. 1 Basil not therefore (pend
cime in examining the principle* of your system
it being immaterial to the point between us
whether they are just or not. Instead thereof
i will, in as h ief and clear terms as I can, lay
this doArine befuro you at it relates to the
Goverameat of England.
Lat me then observe to you, that from the
nature ofgovernmeot a supreme legislative power
must alwayscxtft overall the parts and all the <
affairs of every dominion— hat in absolute 1
monarchies the legislative and executive power* I
are united io the prince or monaich—mat in
the English conftiuttioa there is, and always
has been, n iegiflative power dirtied from the
regal or executive power— that ttr= feudal lyf
tca* in pour view of it and without corrcAing,
could oot be introduced into the English govern
ment without changing the eenftiiution from a
mixed to an abfoiutely monarchical govern
ment—that this ryftem nevertherltfs has been
introduced, the conflitotion of a mixed govern
meat flail remaining, aud ciofeq jently thef/ftem
han been oorteAed or akered. What this alte
ration hae hecn wilt appear from hiftotical f.As.
Before ihe reign of William the firft the traces
•f Feudal Tenure are faint, the evidence of a
lagtflativa power, an Afiembly or Council of
wife men. ditUnAfrom the regnl power is ttrong
and fufficienL After William had obtained the
Crown, the other nation* of Europe being Ba-
de Uis fvftcni, and parttcu'atly his dominiora
* n Nurniandy, and wars being more frequent
and commerce f,nail, ai d the means of (urtnfli
ing money, the flnrwsof war, difficult if
!,ot t'Opra&icab.'e, meeily for the defence of
he kingJeim this polity was so /areftabiifh
;d as that all the landholders were made to
contribiHe, by military or other services, to
•he defence of the state, and for this purpose
and by 4 liclion only, the lands were in form
acknowledged to have been originally in the
King and held of him by his fubjttffs, and
by this form fubjc&ed to a supposed just
proportion of the defence and support of the
kingdom. This eftahlifhment appears to
have been made, not by an ail of regal
power alone but by the authority of the
great Council of the nation or Affcmbly of
the realm, and the legislative authority ftfll
remjined, according to its nature, para
mount and above ail other powers in the
d .minion, and accordingly from time to
time the abuses of the Feudal power either
in the foveteign or in such as held trader
him were corrected by the supreme leg.fla*
live, and Magna Charta itfelf was framed
and agreed upon, principally if not a'tnge
ther for this purpose. In fucceding ages, as
commerce aud money increased and the
means of supporting war became more easy,
these miiiitary services we e gradua'ly taken a*
way, either by purchase or commuting for other
services or certain rcels.fothat at ihepeiiodwhca
Ame ics vvat fi ll granted, the remains we e in
cotifidcrable abd the lands of ihe kingdom were
held generally by what is called forage te
nure or, in other words in acknowledgment of
fidel ty to the sovereign, and a certain retie
which was in name only, or of value fi ineon*
ft !e able as not to be demmded The original
claim in the sovereign, whether at fi.ft a Add
on or not, so far remained as that all forfeiiurea
| all efeheats, all new difeovered lands accru
ed to him, unit-fa the supreme legislative
should limit the tight to them, or otherwifo
dispose of them. I his was the state of feu
dal tenure in England at the time when the
fir ft chi. ter was granted, and the difference
between your system and mine will appear
by this familiar instance : Louis the thir
teenth of France, I think the fame year the
Massachusetts patentees obtained a grant of
that colony, by a royal editt granted to one
hundred aff*ciates the country of Canada,
with powers of government and all the privi
leges of natural born of France to
all who should go and inhabit or be bora
there, with other very great powers and pri
vileges, This,then,appears to be the diff renC
state of the people of the two colonies. Louis,
being an absolute monarch, the regal and le
gislative power were united in him. The
inhabitants of Canada therefore were fubjcA
to him, and to every succeeding King of
France as their supreme Lord, who by vir
tue of his uncontroulable power might at a
-1 ny time revoke the royal edid at pleasure,
or diffdve any charter whatever even
though like the famous edidl at Nantes ic
Had been declared irrevocable. Charles,
1 having in him the regal power only, cou'd
grant no more than was in him, and the le
gislative power which was in the pariiam.-nt
must ftili remain there, and consequently the
fubjetfts of England, continued when in the
colony ftili fubjedt to the regal conditional
power of Charles and the supreme leg;flative
power of parliament. And I think, nothing
i. more cei tain than that the constitutional
refltaint of the regal power in Charles pre
vented the charter from being ievok'.-d and
annulled in iefs than ten yca.s after the datft
-of it*
if this brief scCoant cf feudal trntire as it >•
putot theEngl.fh conflitujun.b- ju t, a, I ffiail
tbiek it it until 1 have better •uth.nty th«n any
I have yet fecn to the cortraiy, the fabikk
which 79U have railed will ftili fail of foppurt,
[Numb. iio.