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Show 55 ] wounded Perfon die in another, the Offender could [57] not be convicted of Murdtr, becaufe the whole Fact conflituting that Crime, would not be Cognb zable in the Colony where the \Nound was given, and confidered as a fubfiantive original Qiefl‘ion, and if the Meafure propofed is incompatible with the confiitutional Rights of the Subject, it is fo far from being a rational Argument, that Confiltency requires an Adoption of the propofed Mea- or the Death happened 3 and the lame Principle is applicable to every other inferior Chane, and in- timates in what Manner prohibitory Claules might be evaded. This Matter therefore of the PoltOflice, may be referred to the general Superintending Authority of the Mother-Country, the Power of the Provincial Legiflatures being too ftinted to Meafure {triking at the very ROOt of all Liberty ; reach it. though the Argument is inconclufive, it ought to fure, that, on the contrary, it fuggelts the ltrongefl: Motive for abolifhing the Precedent : when therefore an Infiance of Deviation from the Conflitution is preffed as a Reafon for the [LD/z‘aélz'flmzmt of a In this View, and upon the Confidera- tion of the general Convenience and Accommo- be ufeful. dation arifing from the Ellablilhment, the People of America have not complained of it, but if this Infi'ance were more pertinent than it is, it would only rove what hath been too often proved before-~ When Men do not fufpec‘l: any Deligns to invade their Rights, and fubdolous Steps taken to that End, are produétive of immediate Convenience without pointing out their del'truétive Tendency, Wherefore ifa quicient Anfwer were not given to the Argument drawn from Precedents, by thW- 'ing that none of the Inflances adduced are applicable, I fhould have very little Difficulty in denying the Jul'tice of the Principle on which it is founded. What hath been done, if wrongful, They are frequently involved in Ruin before they confers no Right to repeat it. Tojultify Oppref- lion and Outrage, by Iiifiances of their Commif- are aware of Danger, or that the Conduct flowing lion, is a Kind of Argument which never can from the Negligence of innocent Intentions, may afford an Handle to Men ofdili‘erent Dilpolitions, produce Conviction, though it may their Acquiefcence, whom the Terror of greater Evils may re- for the Commiflion of OppreflionnOf the Truth l'train from refilling, and thus the Defpotifm of of thefe Obfervations the l-liftories of all People the Eal't may be fupported, and the natural Rights who have once been blelTed with Freedom, and have loft it, exhibit abundant Examples. of Mankind be trampled under Feet. The (ineftion of Right, therefore, doth not depend upon When Ini‘tances are urged as an authoritative Reafon for adopting a new l‘t/lealiire, They are proved to be more important from this Ufe of Them, and ought therefore to be reviewed with Accuracy, and canvalled with Strictnefs. What is propofed ought to be incorporated with what hath been done, and the Rel‘ult of both ‘ated and Precedents: but on the Principles of the Confli- tution, and hath been put upon it"s proper Point already tlilctilletl, whether the Colonies are reprefented, or not, in Parliament. As the Name of Haysrpdcrz occurred to the PKaminer in his Delign of calting an obhque Re- flection upon the Colonies, it is furprihng he did not recollefi, that very numerous Precedents have ' been |