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

declined granting their reque., by 0sclsns that Whit
iuch pgoceis as the Houc have attempted to
iha appear you be unconturona, you cannot thew
any countenanee Tt is with great reluctance the
Board have entered into the confederation of mbeet
which they Obliged TO dient nom your ENcelency.
But vindicaton of theirrshr OF uriideton Court
makes it neeeiiay.-1he complaint and proceis above
mentioned aganit executive ocer appointed by the
Governor and Council. Complaints of this fort
novelty. Many ntances of them have taken place nee
your Exceleney frt member of the General Court
and fome Of them while you were Speaker OF theHoue Of
Representatives, preferred by the Houe. The Governor
and Council have always been eeemed the proper udca
ture, before whom officers appointed by them have been
triabe fol- crimes miidemeanor, 70 far that, when
found guilty, judgment has been given againt them with
repeet their continuance in office and thus far your
Exceency has youre Imported the urfdieton Of that
Court which, when your Excelency prcfded, gave judy
ment in cafe for the removal Of executive Of
fcer appointed by the Governor and Council. If fuch
cafes, in order TO iuch Judgment, cognizable by
that Court, there no other Court in the province, by
which they cognzabe for the purpoe of removal from
office. Divers uch ludgme have been obtained in
iequence of the complaint of private pons. If private
perfonS have right complain of administration of
officers, the representative body who the grand inque
for the province, mua fsy9ri have that right But
your Exeecncy ntmates, that the Proces the Houie OF
Representatives have attempted to commence is
eonihtutona The proces they irt attempted with
gard to the Chief uice by remembrance addreIed
the Governor and Council, which your Excelency, without
communicating it to the Council thought proper fup-
pre. The proce next attempted was by impeachment,
which you think unconstitutional. lift be unconituton-
al, it be cognizable by the Court: The jurleon
Of which being affected by the denial the conuonay
of mpeachments, il becomes needu to examine the rea-
ons of that denial. They given in your Excecncys
meiage, in which you peaied fay, that there are
peces OF crimes committed within this province, which
IL 4
the Governor and Council have iurdeton
with any udcatory criminal cafes, nor any authority
try and determine any ecies of high crimes and mdemea-
whatioevcr, Except lea for the pupoe of re-
mova from Office, as yo1r Exoeency might have added
/" That if you hould aiumc jurd6hon, and with the
Council try offenders aganf the law without authority
granted by the Charter, by law Of the province in
puuanee of the Charter, you houd make youref liable
to aniwer for it and his Majeiys fubeets would have
u cauie to complain Of being deprived of trial BY jury,
the general claim of Engihmen, except in thoie cafes,
where the law may have made ipecia prov6on to the
contrary"
All this may be true, and yet we humbly spprehend it
will iuppot the eoncluGon, that proces by impeach-
ment is unconstitutional.
The records and papers, containing the traneions of
the Generacourt having divers times greatly iucrcd by
fire, it is very difficult to apply to them for precedents
it necelay for if they aboundcd with them the
rt precedent would be, ought to be- grounded the
realon and nature of the cafe, which f remain for
guide. But if peeedents ouId be neccary the mott re-
peGabe authority 1.-THE Brtih pariament as your Excel
ency well knows, furniihes multitude of them. The
Commons may exhibit aceufaton to the Lords in par
lament, by petition, complaint, or Impeachment. The
Houe Of Representatives in this province, what the
Houfe of Commons are in Britain. The constitutional
rights Of the latter among which individually the right
Of impeachment belong to the former. Between the
Houe of Lords, and the Council of this province, there
T. D.
and 70 far the Council with without the Governor
judiciary body, there is resemblance 1t is now
ietted by late determination of his Maiey, that the
Governor and Council judiciary body, with regard
to the Probate Of Wills, and granting administration, and
for determining caules Of marriage and divorce And it is
humby apprehended they alto are, with regard the re-
mova of all officers from Offices, to which appointments
made by the Governor and Council. The impeach-
ment made by the Houe of Representatives. concludes with
praying, that uch proceedings, examinations II ais and
judgments may be had and ordered On the premifes
may be agreeable law and juce. This prayer is con-
fent with the urilaeon of the Court who have law
full power to from office, or confirm in it, as may
be agreeable law and uee and therefore may 20 into
iuch proceedings, examinations, and trials and form iue
judgments in and upon the Pems, incidental and
neceiay preparatory to final decifon. We humby APP
phend therefore your Exceeneys reaoning does
tend to the preent cafe For even though the impeach-
ment had been for fueh high crimes and miidemeanors
made felony, il would induce, involve in it,
obligation on tie court to give e1traudeal ntcnce.
An executive officer appointed by the Governor and
Gil may be guilty of crimes, for which by law he is puna-
bic in variety of ways by the law courts If he
be npeached for thofe crimes before the Governor and
Council, it is for the purpoie Of his removal from Office
which the other courts have power Decree As thoe
courts invade the un6on of the Governor and
Council, 70 the Governor and Council, any other than
their legislative capacity il premed will never attempt
interfere in the undon Of the other courts. Il might
be fuppoid the Governor and Council could land fthey a
at all they multi tuR themlelves IN the execi Of their
uriS6ive powers Though yosr Excelleney in reference
that exec, ieems unwilling u yougielf in the cafe
Of the preent Impeachment, Notwithstanding you confdcr
youref having right of negative the judgment of the
Council With regard to the Governors right Of negative
the Coune it operates in all acts of government, puru-
to the Charter, Gin excuon Judicial a, in which
il can have no operation Ii being utterly unuitable 10