The Massachusetts Spy, Or, Thomas's Boston Journal

The Massachusetts Spy,

"Being sensible of the only cause of the public dissensions, and of the inconveniencies and distresses with which this province is loaded. I cannot but most sincerely lament the distressed situation of our public affairs. And, as there is not any instance of a lawful House of Commons having ever appropriated, and caused money to be issued for public services, of their sole authority, and against the consent of the other branches of the legislature, or even having, at any time, claimed such a power ; so upon the principles of our constitution, of law and of reason, it cannot be allowed that any commons house of Assembly of this province can or ought to have any such power.

Careful as I am not to invade the constitutional rights of a commons house of Assembly, it is my indispensable duty to endeavour to preserve to each branch of the legislature its native powers of legislation: And I do earnestly wish that the weighty affairs of this province may be deliberated upon, and transacted with that truly patriotic spirit which can, with magnanimity, condemn and abandon any measure that is an alien to, incompatible with, and destructive of, the rights and powers of that mode of legislation from which our own is modelled; and from which, alone, the people of this province derive all their liberties as English subjects, and all those rights, privileges, and powers of legislation, which can be legally exercised by their representatives in General Assembly.

By as much as you all prize and value the rights of English subjects, by so much let it be your care to demonstrate by acts, which are of much more consequence than words, a due veneration of that form and spirit of government which has granted and now regulates and preserves those invaluable privileges to the inhabitants of this province. As it is your interest to preserve, to each branch of the legislature, such powers as are peculiar or common to each : In this case the fairest means to preserve the constitution,is to maintain each particular part of it inviolate. Innovations are dangerous; they are, in general, sure to create contentions which,unhappily for mankind, too often make quick progress to anarchy : wherefore let me recommend to you, in the strongest terms, that you be careful to endeavour, to annihilate any innovation which, by violating constitutional privileges of legislation, thereby, evidently tend to destroy, that happy poise of power which is the peculiar characteristic and palladium of a legislature founded upon, and assimilated as nearly as may be, to principles of British legislation,the constitutional spirit of which is so admirably tempered and compounded that nothing can endanger or hurt it but attempts and innovations calculated to destroy the equilibrium of power between one branch of the legislature and the rest."

The commons house of Assembly claiming to issue monies for public services, of their sole authority,has so alarming a tendency, that it cannot be too anxiously guarded against. Such a measure is evidently capable of destroying and overturning every fundamental principle of that constitution of government which is the envy of admiring nations. To persist in such an unconstitutional claim, would be, in effect, to declare a design to acquire a power which is inconsistent with the English constitution ; a measure which in the natural consequences of things, is pregnant with the most formidable and certain dangers to the true interests of the people of this province. But to annihilate an unconstitutional claim is most virtuous and most honourable : 'Such a proceeding is the most infallible criterion of a true patriot and a wise senator. By such a conduct you will, in the most laudable manner, discharge your duty to your King, to your country, and to yourselves. I am willing to hope for such a distinguishing proof of true patriotism from this commons house of Assembly : Such a conduct will, of course, render the exercise of unusually exercised prerogatives unnecessary, which, although to a few persons they may be displeasing remedies to operate against the disorders of the state, are not therefore the less legal, or inadequate to effect their ultimate end, the good of the people.

"At this my last meeting with this General Assembly, I chuse to deliver my sentiments thus fully and candidly upon a point of so high consequence asthe preservation of our legislative powers in their native force.With the best intentions for the public service, I do recommend this most serious subject to your most attentive consideration. I shall, at all times, give every encouragement in my power, to engage you to proceed to the consideration of public affairs, with that temper, candour, and benevolence which must naturally prevail in public deliberations when the public good is truly understood, and is really meant to be promoted. And, as I now have some reason to think that the speedy fitting of the General Assembly in Charlestown may induce such deliberations, and I pledge myself to you that at all times I shall exercise my authority in such a manner as I may think will have a tendency to induce such deliberations as may be of public benefit : I DO PROROGUE this General Assembly to the twenty second day of this instant October, to be then holden at the usual place in Charlestown, and the General Assembly is accordingly prorogued.

CG. MONTAGU."