The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1773-10-07

/ iAds, game e. X !o.Ellon cf lctlng tneh
vitat.s in future in fmall ia'GH, ar iuch ca
yrents as viii enable the holdeis 10 pay their
| landlords and M, only srjoy the nscetia''es,
but the conyeaicnces Of Ife--lt is TO DC
wiihea fuch reioiuton was taken in Eng
land
A report is very current a, the welt end OF
the town, tha, ThomasPownail, Eiq; mem.
Der for Tregony, will be re appointed Co
vernon of the province OF MaA4chufets. Bay
in New-England.
Augaq 3. The hearing at the Cockpit
on Thunday laR, was on an appeal BY the
| Governor, SIC. of an American province,
from the report of the Lords of trade on
the reprsfentatiens of one of his Majsftys
| Council.
The hrf charge againf the Governor
was, that with the concurrence OF his
Council (compof:d altogether of his rela-
tons except the complained) he had taken
away the lands of grantees under the
crown, upon fuggetion only that they had
not performed the conditions oftheir grants,
but without The Intervention of jury, or
any legal procefs, and generally without
notice to the parties.
Secondly, That he had taken away the
lands granted to tn. late Governor, and
b, him dsviied TO his widow, upon an sx-
TIA judicial opinion of bis Council, import
ing that the ute of the late Governor had
no validity.
Thirdly, That in an action brought for
the Governor. benefit, upon bond ne had
purchaled, the Judges were fevsral times
changed, till q Judgment upon par
tcuiar qusfion airing out of the action
was decided in favour of tire Governor.
Fourthly, That he had contrary to his
inf u6tions, omitted TO tranfmit copies OF
the proceedings of council ever fncs his
appointment.
None OF thief. charges wers denied by
the Governor, but his Council very inge-
niouAy endeavoured to extcnuate them.
On the part of the complainant il was
aniwered by Mr.. Amler and Mr.. Maddocks.
That the prolecutor, As ervant OF tina
crown, as a perfon in uuft for the govern
ment of the province, was in duty obliged
to give notice offuch great nifgovernmcnt
to the Kings minifers that he could not
be a6tuated by pique or diiapPolntment,
for the i'll ufage he had received from the
Governor was fubiequsnt 10 MS oppoiltion
and not precedent to 1t; that as to his
ftanding alone, the people injured were
generally too poor TO he p themfelves, o.
therwile than in a tumultuous manner |;
that the matters were of 10 general and 10
Aagrant nature, that the aid of the peo-
pie could not be called in without endanger-
ing the peace of the whole province, which
would have been inconfiEtent with his duty
5 one of the Kings Council /; that they
"a dly expected 70 honorable conduct
would have Desn made an objection that
the Governor having confsdsd the materi-
Il facts, and his palIiations of them appear
n to be fuGicient from the copies of the
council records, under his own hand, and
from the general purport of his defence, it
was quite needles to leek, at a rlfk and ex-
pence, tins depofitions of the people, to
prove that which could be 10 eatiy proved
without them and that whether one or
one hundred perfons applied for redreis,
their LoIdfhips would certainly do equal
lftics that therefore all that remained,
was, to examine the real fate of the Co
vernor's executes.
A great deal of learning was then pro-
ducec, to ihew that the property of Britifh
(ubjeas could not for breach of condition
be leized on by the crown, without the in
tervention of jury but on 10 evident a
pTOpoiition, preiume need not enlarge.
several lnkances were produced from the
Council records, to ihew in what manner
this affirmed authority had been exerclfed
in tome OF them the lands were refumed on
"a. q, IL. Il ahn rnrA., ~, =, nnAi.i-