The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-03-10
n COUNCIL, March 9TH, I7z4.

venor with the following ADDRESS.
My il plee)t ysW ExeellHy,
X/OUR Meiage of the Sd infant to this Board relative
to the Chief uhiee Of the hyperion court, and your
ieyeral Meages to the Houi Of Representatives relative
ALTO to him (which with other papers The Houe BY Mease
have si before the Board for their eondeIaron)
fub-f of great importance. They contain declarations
from YOUR Exceleney which think do not conPort with
the prt of the Charter and tend to take away or een
she iurdon Of the Governor and Council eonidered as
judiciary body or of juee, and therefore IT IN
cmbent on this Board in tahfune the province, and
in iuRice TO themieke take notice Of iome OF Them
Among thoe papers we find copy OF the Remembrance
os the Houie addreed your Exeeney and the Council
and your Excelencys anser it. BY the former they
ay for the removal Of the Chief ]uee from his Office, and
by the latter you DECLARE that in duty the King you are
Obliged to decline their reque and you pleated re-
peatedly to decline it their repeated applications
But before your Exceency had proceeded thus far, was
not proper as the Remembrance is addeied to the Coun-
ell in CONJUNCTION with your Exceeney that it ihoud have
been communicated to them FOR their confederation of it
Is not your undertaking determine isely matter
that falls under the cognzanee OF the Governor ard Coun
ell Jointly and is 70 addreed TO them by the Houie, an
unkind and depe6u treatment OF the representative BODY
of the province and infringement on the rights oil the
Council Or rather does it not annihiate the Council
confdered either in their capacity being advng and a
ing to the Governor court Juitee with, or with
out the Governor And being done under profelon OF
duty to the King does tend to ALLEVIATE the affections
his Maetys tublectS from MN nough iuSii DC ehC
tendency iuch an effect will flow from it. 1t II had
been communicated to the Board, they allure your Excel
leroy they would have done any thing concerning IN
ConAent with their duty the King, notwithstanding any
indreS or conftruehve ntimation to the contrary.
Your Exceencys apprehension, that your taking any
Aeps in this bunefs would be counteraetng ms Mey'
and inconGaent with your duty to him, IS founded on the
lf6s mentioned in this caufe in your rt Meage to the
bHoue, viz. His Majefy having been pleaed to direct
warrants to be prepared for the payment OF iaaes to the
Chief Iuce and the other uces of the hyperion court
received as Governor Of the province the eare notice OF
this declaration Of his Msefys Pleaure IN order as con-
ceive that as far aPpetan to me, houd conform
oThis notice THAT warrants were directed to
be preparcd which appears be intended only an article
bf intelligence, your Exceency, by this and your other
eHages on the fame ubjed, conirues as an nirueton
obpng you not do any thing to prevent the effect OF
thoe warrants or inconent with the intention OF them
But hat room is there for fueh contribution, or to iup-
pofe YOU were under uch obligation, when the uices
themfelves lat leaf four Of them) whom this affair Imme-
diaey repeed thought themves not obged to take his
Maefys grant, but liberty to refuie it, and accordingly
have refufed it from July I77z when their itPends were
TO comence) the preent time, and very lately IN the
fusa and explicit manner AS in their refufal which
was more eeetuaI couneraefng the intention of thoie
warrants than any thing your Excelency could do, thoe
gentlemen did not think they acted nconenty with their
duty to his Mae, why hould your Exoeency think your
Iavneibefore the Council the Remembrance of the Houe
incOnifcnt with your duty 10 JOHA
duty to the province, with which your duty to the King
cannot initiate, required it.
But luppofng the notice of thoie warrants implied an
infru6ton, had been accompanied with an niructon,
that you hould do nothing directly indirectly noontent
with the intention of them, why boud il operate to pre-
vent your Exceencys even hearing the Remembrance, and
not operate to prevent your oonnng to and gnng the
grants made BY the asmb, only thofe four uee
but alto to the chief uaoe, for their evces during the
fame time, for which thoe warrants were intended to pay
them and for which, by virtue Of one OF thoie warrants
abe chief uce has in fact been paid Does rot this give
room for the apprehension, that your Excelency nor
influenced foley by ienie Of duty the King in rfuing
to lay before the Board the Remembrance of the Houe
The reains why laid before them ieem to be
given in that paragraph OF your Meiage to the Houe,
wherein you are peaied tell them :" that the Council
except when they are condsred in their legislative capacity,
or as court for the probate of wills and granting admin
ation and fer determining cauies of marriage and DIVORCE
are by the contribution to be advng and afing to the
governor and do make Court judiciary body with
the governor, but the governor condered as an integral
part and has authority from time time at his dicreton
to aembe and call the Council togethcr.We ihall pre-
nty conder whether there be other cafes than thoe
here mentioned BY your Exceency, in which the Council
make one court or judiciary body with the Governor, and
in which the Governors 20 be eonhdered integral
part but rit beg leave to make few obiervatons on
another part of the foregoing paragraph.
We agree with your Excelency that the Council by the
contribution be adyng and aing to the Governor
The Governor alto with them, feyen Of them at the
leaa ihal and may from time to time hold and keep
council for the ordering and directing the affairs of the
province But we hunby ak, what advantages would be
derived to the province from this part of the contribution, if
the Governor, even in the mott important cafes, hould
refufe to hold council, wherein he might DC adved and
aified and wherein alto the Governor with the Council
jointly according the Of the cafe might take the
needfu meaure for the ordering THAT the well oderng)
and directing the affairs of the province iTheie eaufes
Of the Charter were doubte intended for ome beneficial
purpofe. They intended sfeaualy to fecure
to the province permanent good government, not fube
70 the viii and caprice of Governor who, left to aa
wholly Independent of council might bring upon the
province the greztea mifchies. Happy it for the
province, that the late Governor Sir Francis Bernard
not thus independent But the benefits intended By the