The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-03-10
NUMB. 1853.


the affairs OF the province would be eilenaly def
Upon the whole, are humby of opinion, that - -.
" there are no fpeoes OF crimes committed within w "
vince, which are not -ognizabe by me eabhes the iol
tory although the Governor and Council FAIRS wa
concurrent jurfdeton with nyudcatoy in eTmhed b.
nor any uthorty try and determine any fecies ob
Except at eaf for the pupoie of removal from
does not thence follow, that "the prooe by mpe ~
or the Governor and Councils proceeding and dhe comic
upon 1t, is unconstitutional )" that Their Nothing
will be an affirming of unwarrantae. ill th,
ton, and make your Excellency liable anfv Goro -
nor that his Majcays lubeets would have j, -
complain OF being deprived Of trial by jury INC oi
are further of opinion that denial of the gng captain
planning, Or remonatng again, and mpeaehired TO tn
administration of Office, and rcfuial to hear
on uch complaint, remembrance or mpeaehme a.. ,.a
eonrutiona will have an unhappy tendency to entOs
the executive officers of the government deviatons fo
their DUTY and are incompatible with the lfety and hap
Pine of the people, Wherefore this Board declare their
readneis to hear and determine the impeachment above
mentioned or to hear and determine the charge and
complaint free exhibited by theHouie ofReprenaves on
the fame fubeet, and dee that your Exceency with the
Council would appoint time for that purpof..
On Tueiday la the Houie of Representatives nt the
following MeiIage to the Governor, viz.
May IL plea(e yohr ExrelYeHy,
TIME Houle of Representatives have attentiyey con-
hdered your Melage of the twcnty-fxth of February,
IN WSh your ENCeency picaed 10 lay, hat know
Of no peces of high crimes and midemeanos, nor of any
offences agan the law, committed within this province let
the rank of the offenders be what il may which is not
cognizabe by ome eabhed udicatoy iudicatoes and
you do know that the Governor and Council have con-
current jurdetion with any udcatoes in criminal Cafes
or any authority to try and determine any Peces of high
crimes and miidemeanos whatloever And YOU alfo add
that " if you hould alame jurifdieion, and with the
Council Try offenders agan the law, without authority
granted by the Charter by law Of the province in pur-
fuanee Of the Charter, you oud make yourelf liable to
anfser," Sec.
We allure your ExeeIleney, that as we would not will
fully neglect any constitutional endeayous for redre6 of
grievances which this province abous UNDER 70 neither
would we deiire you to aume any unldon not authorz-
ed by the contribution Of the province. But your Exeeen-
ey will allow to fay, that the entiments advanced in
your mei3ge and which you ground your refal to
comply with equeis, and very alarming to US.
And as the point in queiion is of weghy importance to
the province, cannot refrain from freely expecting our
minds upon il.
By the charter of this province, the Governor with the
advice and content Of the Council, has the foe power Of
appointing Judges and other civil officers and though there
is power Of removal cxpeed in the charter vet ueh
power neceay therein implied and the grcatea evils
and inconfaencies would ariG from want of it. AS no
officer ought to hold his Office when his crimes and mde-
have rendered him unfit for it, the Governor and
Council who have the power fremova, will naturally en-
qure into the truth of the charges again the officer prev
Gus 10 tue removal tne contrary OF winch procedure mutt
fuppofe either that officer be, NOT 10 be
moved from his oee e, that he may be removed up
the bare allegation of crimes and mdemeanours, without
enquiry into the truth Of them neither of which your Ex
celency be iuppoied to aert As therefore officers
NUT be removed for crimes and mdemeanor and previous
ueh removal there mutt be an enquiry into the truth of
uch allegations, fuch enquiry mutt involve il the power
Of notifying and hearing the officer accuied and it mutt IL
ue in judgment determination, that the officer ought
or ought not, to be removed.
This procedure neeeary involved in the power Of APP
pointing officers, in offence udicaoy; and this pur-
pole the Governor and Council mutt have cognizanee and
Jurdeton Of crimes and miIdemeanos charged upon Off
GERS as the truth Of uch charge that the officer is
to be removed. This jurd6on of crimes and nfdemean-
ors, being for particular purpo, may not be laid be
concurrent with the other udeatones the only pun-
ment be inflicted in conequence of conviction is removal
and other udicatoes the cafe may be- may take cogn
zance Of fuch crimes and midemeano, and punh them
breaches of law But, it is not confident with the dignity
and importance of the Governor and Council, veed with
the power of removing officers, that they oud wait the
of trial by jury (which may take place. be-
fore they proceed enquire into the eaons and necety Of
fuch efua And would further obeve, that there are
high miidemeanors rcipeeng the execution of an Office
which may dqua the officer and render him liable to re-
moya BY the power which appoints him, but vet may not
be Of lneh to iubjed the officer to punment
BY tie ordinary courts of uaiee. Should Judge dns
Grand Jury ioon after their being mpanneled, without per-
hitting them to find any bills Of Prefsnment- he
be charged with go negligence and inattenfion the du
ties of his Office, with great Partially other corrupt
practices, no orc, tru win FAY, that fuch judge oud
not be Punihed But DO know that the ordinary
courts Of udiCatoy would take oognzsnce of uch offence
neither can we fuPPoe, that the Governor and Council
would remove fueh Judge, without due enquiry into the
truth of the charge. From the very Of eOntu
ton there muR be lome where i1prrme court who have
oognizance of the crimes and midemeano of high officers,
70 far at leaf, is neoeay for their removal This fu-
p.eme court, we take to be the Governor Council and
to this court Be Preented, all complaints touching
- = l.