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be the only effectual preventive of any further at-
Chap. XLVII.} 1772.
June. |
tempt,’ wrote
Hutchinson, who wished to see a beginnin of taking men prisoners, and carrying them directly to
England.
1 There now existed a statute authorizing such a procedure.
Two months before, the
King had assented to an Act for the better securing Dock-yards, ships and stores, which extended to the Colonies, made death the penalty for destroying even the oar of a cutter's boat, or the head of an empty cask belonging to the fleet, and subjected the accused to a trial in any county in
Great Britain.
Of this statute, which violated every safeguard of
justice and might be still more mischievous as a precedent, the Assembly of Massachusetts at that time took no notice, confining its attention to the gradual change in the
Constitution of the Colony, effected by the payment of the
King's civil officers through warrants under his sign manual, drawn on a perennial fund raised by an Act of Parliament.
They regarded the
Charter as ‘a most solemn compact,’ which bound them to
Great Britain.
By that Charter they held, they were to have a Governor and Judges, over whom the power of the
King was protected by the right of nomination, the power of the Colony by the exclusive right of providing support.
These views were embodied
2 by
Hawley in a Report to the Assembly,
3 and on the tenth of July, adopted by a vote of eighty-five to nineteen.
It followed, and was so