The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-07-11

~
! TO hlmtelf the power Of nominating and aP.
pointing Governor, ha.h diyefed himls:
of he right Of inaru6ting him. If this bad
been the CAFE, why did the sn-mbly iaI6g2
thankfully receive Sif-W il'ian Ph,ys's COM
milton, which was pubihed at the tame tin"
with the charter, and which expressly rcqui
red him TO execute his trua according to luca
powers and igfynG7iont as he hould receive
puriuant to the Chatter ana the eitab.ithet
laws why has every ademby Gnce, unui
the aftmb.y Of the LAT year, fubmitted, wiki
cut any exception, to commi6ions Of the
ialac terror in The controversy win Goycs-
nor Burnet 1913, the Silsmbly would rot
admit that his inhru6tions ihould bind hem,
but they never pretended thai they did ull
bind him.
Your oblervatiou tia; by the charter the
Governor is TO convene the court from tine
to time according 70 biz d.Jtyttion OF as IL mi
JUICE nrt1gry, and therefore that the Kings
initrucf'on ought not 10 contrc al him, does
not diitinguih this cafe, becauie every power,
where there is no fpecial limitation, is 70 re
exercifed according to A.JrNfiyn or as EaIIe
jadgsd nece0ay. mutt further obleevr to
you, that before the date Of yonr charter, Go
veTnors in the plantations were required to
execute their truits putiuant to the lnRru6ti-
ons they received flom The crown when TIE
crown by charter referves TO itfeifthe power
fapPointlng Governor, this relerve mutt
be underftood TO mean a Governor under the
like reftrlGtions with other the Kings Co.
vernors, unlefs there be further words to ig-
nify TO the contrary. know Of 70 luch
words in the charter.
His Majefy expects from me on the one
hand, that J make no invafion on any Of your
rights, but then, on the other hard, he an
Joins me to give up no part of his prerogatiye
know that the mehages and receives Of tie
houfe the aft year which ancrted that tbeGo-
vernon is not held to the obferyancc Of this
infruaion,were very Duplicating TO the King:
| am therefore under an additional oblgati-
on to bear my tefflmony againf the like az
lertioD.
81 would no, however, have laboured 10 ex-
plain points 70 clear in themGcves, if | was
not apprehenGve that your conRituents are
liable to be prejudiced in favour of the pro-
ceeding of their Representatives, and that
there is danger, if had been fent, that this
inffrumenr would retard that quiet and con-
tentment which doubt not the gentlemen
ofthe Houle in general, who voted for il,
Win to fee fully refored.
"T lhall only obferve upon your MrGsgs
prelented me this dasA in an(@er to my me-
lage to you of yeferday sshat whatever may be
the rights of the GeSerat AGemby in matters
oftaxation, the crown hascertainly refervcd to
tlelf the prerogative of difaIlowing every law
of what nature foever and as the difaow-
ance of tax act, after il in part executed.
would caule great perPieXity, think that
his Majefy's infruGtion pointing out to you,
through me his fervant, thoie parts of you.
tax acts which he dilaPproves of, fhould be
conGdered as an infance of his tenderness
and paterpal regard to his fubjeds, and that
it is not liable to the leaf exception. fhall
uanfmit my msdage and this your extraordi-
nary anfwer to belaid before his Majefy.
s. Gentiemen sf the CsntiI, and If The
HoaE Of Rftreffnfatirs5.
81 have given my content to the bills and
votes which have pafed the two Houies this
fefiion as far as could confident with nv
duty to the King, and with the intereR OF
the province.
Upon mature confederation of the grants
made to William BonaD, EGq; and to the
executors of Dennis De Berdt, Efq; BY the