The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-02-10

olaw it is 10 unfuitable the Of court OF iu
tice to eont 1.-TWO branches, each pocng negative on
the other, that though oethng like it may be found, yet
he eonceiyes contribution ought be founded on the
poibiy of the extence OF uch court, becauie the in
hanees ofiuch any) will be found to ani on principles
not applicable TO the preient cafe. And he Of opinion the
Governor of the province Of the Maaehuiesbay may
lawfully aequieee in the determination Of the majority
OF the whole number of councillors pZeent, although he
ihoud differ in opinion from that ma@ Bccaue he
ocyes TO be pa doubt that by the our in the charter
(Which provides that in all acts OF government by the Gc-
neral aemby in council the Governor haIl have the
gatve voice. nothing more is intended by the words acts Of
government in council, than executive ats OF fate in
cuhon OF judicial acts, which though they the exerce OF
power derived under government, never, he beeve
eopehended under the delcrpton of acts OF government.
To which may be added, that it is plainly ioecm that
court ofuior ould be 70 contributed, many cafes pro-
Pery eognizable by it, be incapable from the nature OF its
contribution, to give judgment. We agree with your Ex
celency, that in this couueoh Of the charter which you
FAY is different from what has been made by all Governors
ever hnee its ht publication, his Maeay has hewn
der regard for the ntcrc and convenience of his ubee
Your Exeeleney pleaed to inform US, that you
qured to fgny the houes his mactys diiapprobaa
ton OF the appointment of committees of ooepondence in
various nanees, which fit and act during the rees OF the
General court BY far as this matter relates
to the Board il relate them only in the nanee Of
Correspondence with Mr.. Agent Bolan With whom,
ed committee TO conepond during the reces of the
As this is matter OF great Importance, your Exceeney
will permit dicufs il with freedom-When oyernor
Bernard in the chair he early dcoveTed diipofon TO
infringe the rights of the board and this dpo6tion
encrcad, till length regardless Of the dignity Of his ati-
Or he defended to the mott ungcntcmanly treatment of
them, when they either refued asqucenee with his
wanantabe meafure endeasoured lpport their rights
agan his uiupaons They had long apprehended, that
bedes thoe peona attacks in council he had by hseers
been mifcprelenting them to his Majeys minaes but
they had not full evidence of it, ill they received authentic
Gated copies of fome of his letters Lord Hborough, in
which they found hemielves peonay abuied and all their
rights and privileges in their public capacity, and their very
eSence in that capacity, truck Thoc letters having
been laid before parliament, unJuy procured parliament
AIRY cene of the council, and threats of further proceedings
aganit them. Now though it had been uua in regular
fate Of things for agent to be appointed with the
Of the three branches Of the General Court vet when
that Fate became inverted, when the Governor was endea
yourDg to deroy the rights ofthe council when conh
utona rights in general DANGER and no confidence
could be placed in Governor the principle Of fefprcer-
ton and the right Of Defence naturally inherent 10 Man.
both individually and ociay condered, required and uf-
ed the two hous Jointly yealy their option cho
Agent Agents for the defence of thoe rights ndepend
ent Of the Governor. But might ate the end Of uch
choice, IL they had the power Of appointing COMMITTEES
couepond with their Agent when choen for although
the Governor fhsuld permit them to t ill they had inform
cd and nitruccd their agent every thing that time
thought needf, yet after the fueA information and in
iruetons az t given, many things would probably are,
during the General Courts receis (which by iucceve pro-
rogatons the Governor could proong) TO make fuch cor
repondence neceay. II then there be efficient rcaon for
the appointing Agent independent Of the Governor (as it
clearly appears there and m eontnuesto betherc
mutt be fufcent reaon for the means necefary to effect
the end Of that appointment among which is the
keeping up and maintaining with him corTeipondence,
whereby he may be furnied from time time, as he ha
call for them, with all needful information and aHaance
Which in the receis Of the General Court cannot be done
but by committee. Among thoie is alto included
ieaionabe and juft compensation for his leryices.
On this location your Exceency win permit
pris concern, that you pczed give your
aent to the t grant made TO Mr.. Boan for bis eryices
nee his being agent by appointment Of the council when you
under the obligation OF nfru6tion fobiddng
sou to give iueh ailent.
If the council had had opportunity to fate the reaons of
that appointment and tole eaons had been permitted to
accompany the representation which procured that inu6
on, humby aPPrchendei they might have oocaloned an
eena alteration in IT, wholly prevented it. Bot if the
foregoing fate Of facts hould his Msciys know
ledge We humby tul he will fee efficient reaion and be
GRACEFULLY peaied 70 revoke the fad inllruetion.
The procuring infrutons that afea tie rights Of
either hOui, any other way rure the right and inter-
els ofthe province without giving them hearing great
gyanoe In the Law eour even in the nalcit conetns,
parties may be heard before Judgment and the oppor-
tsnity los it founded in the hghe Tcsi0n and jui Is
,lere equal Ieafon and jUice that whole province
oud be heard the fri moton FOR, and through thc pro-
eeG Of Erusions that Affect them in their erea,ef
ineTeas Bot in whainanc OF infr1eions t5us Affecting
them have they been heard When your Exceercy was
fating the cafe Of tie councils appointing eomrt-r 70
coreirona with their agent, wheh has pIoe.cd his ksies
diaPprobaton Of their eobdso, did not Juice require e..
communication Of il to the coasc for rer c-rvstios On
il, thar from both tosetksr Of Il ncro6lsy :
alton hOas have been made on hat head his \ CITY
might haEe had the Of forming true judgment con
corning And Dies net vfies requir iiulig rsoc,eir
in al approximations, wkeh &C be srvsnsri any in