The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-07-07

A LDIER.
HO U Sc of L ORDS.
P R o r E S T.
Die Mrycnj, 10 Maj, 1874.
H order of the day being read for the third reading
of the bill, intitued, g An act for the better regu-
atng the Government of the Province of the Maaehutts
Bay, in Ne-Eng and for the Lords be fummoneds
The iaid bill accordingly read the third time.
Moved, That the bill, with the amendments, do pas.
Which being objected to, 'ff
After long debate,
The queRion put thereupen.
II was relnlved in the affirmative.
Contents - SO
Proxies - a.
Not contents - 20
Proxies e# - 81 O -
DDssiiem, ,sa vs
BECAUSE this bill forming principal part in fyaena
Of runhmsn and regulation, has been carried through the
Houie without due regard TO thoe ndpenGbe rules Of
public proceeding, without the obervance of which
gIation be prudently made, and punhment juiy
inflicted. Before can be pretended, that thofe rights of
the colony of Maaehuiett- in the election Of Copn
cors, Magates and Judges and in the return Of Juror,
which they derive from theicharer, could with proPriety
be taken away, the definite legal offence, BY which for
FIXTURE Of that charter sncured, ought have been clearly
aated and fully proved notice Of this advcre proceeding
ought to have been given to the parties affected and they
ought have been heard their defence. Such Prn
ope 81 proceeding would have been nyoaby obsryd 1.-THE
Courts below. 1t is technical formaty, but ubfantil
ufiee. When therefore the magriEds Of fuch cauie
transfers il from the cognzance Of the inferior Courts,
the high udeature of Pariament the Lords for from
being authorized to reea this equitable principles that We
bound TO extraordinary and religious rtnes in the
obieyanee Oft The lubjea ought to be Unidentified bya
liberal and beneficial ufee in Parliament, fr whar
he mutt inevitably iufier by being deprived Of many Of the
Il. Il.
reort for his protection agan the dangerous PomPtitude
OF arbitrary diicreton.
ably. Becauie the a0eDTy aegded for this precpfate
mode judicial proceeding cannot exit. II the humorous
land and marine forces, which ordered to aemblc in
MaichuftsBly, not ufcent to keep that Jingle
ony in any olerable fate of oder until the eauie of its
chatter can be fairly and equally tried, regulation in this
bill, in any of thoie hitherto brought into the ouie,
fcent for that pupoie and conceive, that the
CELEBRITY of decior again the charter of that province,
viii reconcile the minds of the people that mode Of
government which is be eitabhed upon its ruins.
7dy. Becaaie Lords not in tuaton to determine
how far the regulations Of which this bill compod, agree
or dagee with thoe parts of the contribution of the colony
that are not altered, with the Circumstance Of the people,
and with the whole detail OF their municipal nitutons.
Neither the charter Of the colony any account whlto
ever offs Courts and judicial proceedings, their mode,
the exercife Of their preent powers have been produced
the Hcuie The lghtet evidence concerning any one OF
the many neonvenences, ated in the preamble Of the bill
to have aen from the prcent contribution of the colony
udeatures, has been Produced attempted On
the fame general allegations Of decaratory preamble, any
other right ali the rights of this any other public body,
may be taken away, and any vonay cheme of govern
ment fubAituted in ther'place.
4hly Becaue think, that the appointment of all the
members of the council which BY this bill is veed IN the
crown, is not proper provion for prefeving the equ
bram Of The colony contribution. The power given to the
crown of oceafonlly inceahng eening the number OF
the council the report of governors, and at the Peae
of mniaers, mutt make theie governors and mnlers mar
tiers of every QUESTION in that aenby and BY defroyng
il, freedom of deliberaton, viii wholly annhilate its ufe
The intention avowed in this bill, Of bringing the council
to the platform of other colonies, likely TO aniwer
It's own end as the colonies, where the council named
BY the crown, are not all better dipoied 10 ubmion
to the practice of taxing for fuppy without their contents
than this Of Maachuiet-Ba And pretence Of bring
inc to the model of the Eng contribution can be fup-
roted as none of thof American councils have the lea
resemblance to the Houfe of Peers. So that this new
heme of council aands upon fort Of foundation, which
the pro7oiers of it think proper 20 acknowledge.
sthy. Beczuie the contribution of judicature pro-
vded by this bill improper, and inconguous with the plan
of the standardization Of uce in Great Britain. All the
Judges are to be heneefcrh dominated mot BY the Crown
but by the Governor and all Except the Judges Of the
Superior Cour) to be removable his Pleaure and
expressly zuboHf the content Of that very Council which
| has been nominated BY the Crown.
The appointment Of the Sheriff by the viii of the Co
vernon only, and without requiring the Peon appointed
any local or.other publication that Sheriff, masiitrate
of great importance the whole administration and execu-
ton Of all uaiee, civil and criminal, and who IN England
is not removable even BY the royal authority, dung inc