The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-04-07

tat taerein rhey find charge agalr.t The Pre-
Gdent Of this Houie, whiciI Charge contains
an ungenerous inlinuation, upon pin -i?l- a.
once unpa lamcntary and unconitilutional. Il
is as follows.
The Juiices having granteda writ fLale-S
corpus, for the body Oft Powell to b. broug1C
Rawlins Lowndes, out of deceacy and rcipelk
oyour Majeay' scouncil, Immediately acquain-
ted your Majelty's Attorney General Herewith,
as preiident OF the iaid council but your
Majefy's Attorney General, initead of availing
himielf Of iuch notice, by attending to endeaa
your to tupport the legality OF the councils
commitment before the iaid juitices, contented
himielf with tending word he could not attend,
and acquainting your Majeay's Council with
Gseb msDGgs and aniwer, as appears by the jour
mails of the faid council"
Your committee apprehend that it is ungen-
erous becauie, although the Offices of pref
dent and Attorney General are clearly difinet,
independent and unconne6ted, yet the iaid no.
tice being ient to gentleman as PRECEDENT of
the council, out of decency and refped to the
iaid Council, an abfurd infnuation is made to
the King that the fame gentleman was wanting
In has duty as Attorney General in not appear
ing in fupportofthe commitment, in e0akqmace
q notice Jfat TO him, only, as Srsfdew sf' fbr.
Council.
That the above charge contains; an unparlia-
mentary infnuation to his MajeGy that the
Attorney-General was wanting in his duty,
which could not nave been the cafe unlefs IL
was granted that hrs MajeGy's Attorney Gene
raj of England is bound, ex-oticio, to attend
the court of Kings bench, or any other judica-
ture, to fupport a commitment by either houie
of parliament, without directions from fuch
houie and the charge is further unparliamen-
tsry, becauie, if the PRECEDENT, the Attorney
General, or any other perfon had appeared be-
fore the faid jultices, without order from the
upper houie of afembly, to iupPort the legality
OF The iaid commitment, flch perfon would
have been guilty of breach of the privilege
ofthe houfe, feeling that, according to the con-
titution of parliament, each houie of aaembly
is the only Judge Gifts own privilege and right
Of commitment. Points long laid down as
law, by all the judges in England. And the
charge is likewiie unconstitutional, even upon
Mr.. Garth's own principle for, fuppoing
the upPer-house only privy council, your
committee are of opinion, the Attorney General
is not bound, ex-ofhcio, to iupport the legality
of commitment, even under their authority |;
and when the Kings privy council have com.
mitted, we apprehend, that Mr.. Garth is not
able to 6nd an infance where the Attorney
General of England, ex- officio, Imported the
legality of fuch commitment, neither has the
PRECEDENT of the council any power to perform
any public act relating to the council, without
their fpecial direction.
That whereas the upper houfe of afembIy
having refolved that T. Powell was difcharped
by the iaid juitices upon the avowed principle
that his MajeHy's Council were not branch
of the Legislature and an upper houie of aGem-
bly,, Mr.. Garth has in his petition denied the
fact, and appealed tothe judgments pronounced
by the juitices, as entered upon the journals of
thecommons houiethe eighth day ofSeptember
laf, notwithstanding the laid judgments contain
the following paGages:
Z" The law of parliament therefore being a
part of the law Of the land, the commitments
in conieqsence thereof, by either houfe, are not
prohibited by Magma Charta, and the judges
my knowledge, remand the priioner back to
the place of his confinement, without afFording
him any relief, either by bail or otherwiie.
" Tbs law gftbe land not giUing fbe council
tbe Leaf eolo4r gfrigbf TO cOmnif far breach Of
pvivilegs or, what they call, contempt of their
houie, they mutt found their claim upon the
uiage and practice Of the houie of lords in Eng
land"
Then, having pointed out that the lords are
a permanent body, Mr.. Lowndes proceeds,
they 1.-THE counciD hold their office and all the
appcndages to it at will, and therefore 4uart
that 0ef s9Sati0l vrgHiftt Of indtpsa6cnr, 10 con-
yfitats than branch Of tbs kgjjaatws, O., ia any
rebf.7 TO aLEmiiate than to fbs lOrdps. The CON-
mitment thsretorein my opinion is to be coniid-
cred mereb asa commitment Of TIE PyIzy Council.
and in that cafe has no other authority than If