The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-05-16
May IS.

nation, is the fame legal process, and a
lufficent warrant to fuch as may venture to
at under il
Upon the whole, Mr.. Morris is 1 fired to
give his opinion on the above tatedscaie TO
Mr.. Whe5e, and as Council to advice what
conduct he ought by law to oblelse upon
this location.
have attentive'y perufal the above written
cafe, and though from the bad deigns which
appear 20 be formed agantt the liberties of
the people, there may be danger in giving
opinion, which fome of my protection would
chu(e 70 avoid, ihall, as it becomes an hH-
nef and firm man, proceed 10 give Nj.
Whebe my counfc', Without atten'onto any
other object than the laws and contribution
of this free country.
Ans w ERS.
To the hra qusition, | am mott clearly
and decilively OF opinion, that M Whet'e
is 10, compeIabie by law to attend TIE HouIe
OF Commons in purluance of hc written OF
der above aated. II the grounds upon which
the order of attendance was 'fiu@d BY the
Houie Of Commons had been made pat OF
of the prelent cafe, ! would Their give my
opinion, whether that aa-mby had any
authority at all, or in what cafes to compel
an attendance upon them; bur as they are
not, mutt take up the matter upon the fun
mons alone. Ii is now therefore OF no COIL
iequence what wa, the cauie that rcnulicd
f,E=l s.l<
as little notice of It upon the cafe before me,
as Mr.. WhebIe Gould upon fight OF the
luminous, beyond which he had no need TO
look. The order itfef is woIded in 10 lnludI-
cial and un clerk like manner, that tits CO.
vered with objections almott from the tlrft
letter to the laf (D know not that an
Enghlhman is required to underitand Latin,
Especially iince the act of parliament, that all
procefs of the law lhaIl be in EngIiih, and in
no other language whatloeVer; smongt
other procefs orders being particularly emu
meIated, if this order be not pioceis Of Jaw
it can have no effect and If it is, it ought TO
be in Engllh whereas the order in quei'lon
contains words in itr4nge language, without
having the exemption of being technical
Latin words. (2) J. Whebie is deicriptlon
of nobody, it might as well have been written
eye Wheble, or nofe Wheble, either of them
would be as much the name of Ohm Wheble
as the former. Beiides, perlon is not legally
named without a proper addition OF quality
and abode, which is MOTTO much as attempted
at in this pretended order. 81 The place
Of attendance is not Efficiently expreiled ;
this b5gS, is more properly the houte of John
Wheble where the order was left, than any
other houie, for there is no date Of place 10
the order Mr.. Whcble therefore belt at
tended this order by faying at home.
(4) The date Of time being expreiled in TO-
reign tongue, which an EngIlihman need not
underfAnd or attend to, the day Of attendarca
became confequuently uncertain; Imfaw
morning next having no day which IT IS ne,;t
to follow. 81 Another objection lies 20 tbs
part of the order, that the morning Of day
is too indefinite 70 FIX an attendance; the
law requiring that an hour as well as day
fhould be fpecihed in every order Of a,tsa-
dance. TO- Ii the Houie Of Commons had
power to ilue this luminous, It ought 70 DC
igned by the Speaker, and not b. Peio1
uiing certain cabalifical expeditions, whch
may politely be continued to mean clerk of
the Houle of Commons. The Speaker ought
ALTO to recite that he had an expreis authority
given him by the Houle, before he PERFUMES
t. iiIue any luminous or warrant whGlfoever.
1t is the office of the Speaker, and not Of the
clerk 10 authenticate the acts of the Houfe.