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lOs TON, F*b* VARY 9. ‘ ‘
TJEi7EDNESOAY iaft a Committee of the Honourable House of Re-
IfV /. fhwfeatatives waited oft his Excellency the Governor with the fol
lowing kfcanrqnft run ce. X*f : * • t
A far it fU*ftyour Exrelleney, •i* . v. *, ‘ v • * ‘
to yoAK Weiiagfc of the toth af January; the House of Re
‘ ■ prefentarives beg leave to observe; That it is by.virtae of the Roy.
I ft! eharjcr alone, that the Governor and Conncrl have any aotho
r. rityt to tflue nioqey out of tjbe .TreaCusyi and that only., according
• to such a&s as are or may be in force within the province, v This
chafe was intended to secure to the House of Reprcfen tnti ves the privi-
Jege.9f(>rigina!Uig* granting auvd-difpofingof taxes t Boe we apprehend,’
It wffpjd be of very little value and if it fhoqki ever Income a.
fettled rule, that the H6i|fe arc obliged to hevy afTelTments, |
ttteikad taxes* upor.<tfce cftatds or persons of their ebrt ft ituenrs, for the
Evment of luch expcnces as may be incurred by virtue of an order of-the
overnor and Council, without the- knowledge and boafent of xhf House
rifeutr Excellency therefore, in giving orders, with the advice of the Court- ,
cil Vl sos making pfoviiion ft>r the jirßliery companies at the castle, afted,\
in an eflcntial point, contrary to the. plain mention of he-ehrter of the\
province, wherein the po wer* of thc fereralhnnches of the General A (Tern- i
o(y are declared and limite'd. If, however,’ there,was ah urgent neoeffity
‘flftgftftipr&edure, in the recefc ofthe court, we are Very much furpriwd,
that your Excellency tiould fuller the wjote of the Jxft fefljon of the Ge- ’
•jehrt AiStmhiy to pass over, without laying this matter before us; and
that.it waa again omitted in the profeet feffioir; tilflbeHoufe'had waited
iej your Excellency with their Meffilge. ‘lf iatficjbft expeftatibnof this
House, founded in the principles ofv the ctmAi tut ion, to-hate the e.v{ieft
.jK*iCe df * master of jhvs nature *, and we Cinpot but rem<snftr4te to’ jW
Excellency, that the oaniffion ofit.wat ii\- breach of our privilege, ’
But, may it pit*/* your Excellency , it is. toil-more grievous to us, to find
Excellency making mention of a late aft of parliament, in pufin
ance of which your Excellency and th# Council hyve created this expence
to the prtririned. grtaf grievance in regard to the iUmp aft was, that
;it,deprived os of the advantage of a ‘and raoft eftential part
twf the Brieiflrconfti ration, the unaliemtbfe right of freedom from all taxa
k*t, burfuch as t#e ihall voluntarily ermfent to and grant ‘: While wt feel
a sense of the worth and importance of this right, we cannot but exprefj
4wy deep concern, that an aft of parliament ftiould yet be In being,
.-which appears so ns to be as real and grievance, atf was that which so juftfy
jtlarm’d this continent. Your Excellency and the Council, by taking this
have unwarrantably amhtmcottftirutionally fubjefted the pnopje of
•his province to an expencc, without giving this; Hbufe an opportunity of
muffing their- judgment upon it: Andhaye also putit out of our power,
by an. aft of our own, to teftify the fame chearfulnef, which this Afl’e.m
■Myha* always fltowtr in gran ring to his Majelly, of their free accord, filch
•aids as hit h|ajefty*s service has From time to time required.
Saturday last his Excellency the Governor sent the following MeJTage
,ti the. Honourable Houfe-of Representatives. :
1 GentLnun of tbe Houft of RepriJejitativfi, 0
T Have always understood that it has been the general usage of this Go-
JL vernment, countenanced fey the Charter, ‘ for the Eieut.enant-Gover
•or, -when he was not ekfted ? a Oounriellor, to have a feat’ *n tbe Council,
without a voice. But since it has appeared from your Aftfwer to my Speech
•hat you have thought otberWife, 1 gave orders in Council to, the Secre
tary to search the books, and to piake enquiry by other means, if necef
isry, what has btfen the usage of the Government in this refpeft. It
from his report, that every Lieutenant-Governor, since theppen-r
>ng the present Charter, has usually and.frequently, when not elefted a
Counfelior, fat in Council, until the time of Goverpor who ex
•loded the Lieutenant Governor froip a feat in ihe Cduneil, jvbiehhc
complained of as a grievance andfobiiHtted tq With 1 hereby
kosamunicate to yon £ copy of tljli report, that if you please you njay re
view this matter and coituderwhetheryour of the Lieutenant-Go
vernor has not been too hasty; as it appears noftn be supported by this
jnftance, nor by any other that I have as yet been made acquainted -with.
I Comutil CkmnUmr, fei. 7, 1767. FRA. BERNARP.
i fti’ Tnefday last his Excellency was pleased to fend thCj follow,
ing Mefiage to the Honourable House of Reprcfefitativcs, vix.
t,.Cwd)ai of tkoHtmft of Rrprrfntoti'vtj, ,J \ ’ IA jl
‘HE charges again ft me and the Council,” tbntafnecTibyoar MeiTage
A of the 4th intrant, have had a full consideration; the result of which
l,;tUf the proceedings in making provision for the King’s troops lately
arrived heti£-appear to be constitutional and warrantable ; and are jufti
■Aed,- net wily by tbe usage government, but by tbe asathority of
•he Qenend.^Court ilfelf. . • * - V
Tbe xf bt t Caftle were built by brder of the General Chart,;
•r|pp|ecfpfjtUi pf the King’s troops, when ‘they ftould arrivehd|<that
where might be no oqcafion for quartering them upon the juihiDirtbri.
JfuJ Aud Candle (me neceflary to tbt occupation of barrackv r Without;
no troom could go in or flay tHive, it being an allowance always
lmpiidoMlipibkk living itthaxsackx When therefore the General Cuast
we nw e s'ti,4r, April 8, 1767.
thn barrack* to be for trpqps, it muft.hmq/beea implied
went in> ’ ,1 ;C^ ,J nt ‘ Ce^af , l^ s be provtded.for wMn^hy
wei-buHt thc barracks be applied.m tk^ufrdoc whUh.ibdy
provision, and rbetpsorifion Hlelf, .wwex
g cable to the usage of this government in the is, CfftfiJfrioP
tuel and candle only, which are abfoluteiy APtrfhryi. andrglwaya have
a v U, rf J J H th^ c ‘ I barracks ; and it did uot ki<dud|! r f*yenU *ricks
prefen bed 0 y the aft of parliaijient. And: thcretqee tl wascwhoily caafot
rnable to the ulage of the government, and tbt neccAtytof the cafeV-ibnt
to the aft, on y as it coincided wit| it. l/ thenelind been nO such
t-ouncil Would have thought themselves obliged so.hxv* 4difirti Mht or
dering this provision, as it was ncccifary to the *Se of it
being their doty m the rccefs of the Court toaffiilme i&auntino
into execution, by the ufnal means, an c|UhEdmM promded
convenience of thc people. . .-VT
As t - your complaint against ipe fpr nbt laying ikU matter yon
of lail session, and.part qf this fe'.fi.m* MbaU only jjme*
tfte fafts, and leave it there. What you cajl the whole oftotU'ui&'owas
on.y the .alt days qf it, when you mar, (aftyf AU adjouraaiCB t,, pu jmH
ftpon the Compensation Bill*v As foopas you had hMfttctbdiaUbisbftcb,
you desired me.to grant yoga rectfs. J did so? and tyUl you at the.fiyinf
ume that upon that account 1 had pollponed all P ther.hufioofs.to-thc jMext
As to the part of this fe/uon, it was pot forty-tciyju hours f % and
wdtlnn that time | haTgiven orders for ae Mpcpsnt of rkapxt
pencertf tae provision, jn order to lay it be five and 1 aftuaßy rcvliv
<d it within twq hoitrs after I hid your klefTau-e. . Thisi is the whole of
what you daTl an omiflion ia breach of yoar.jpriviiqgx.,-!. , r^|^a;qy.q'^
Cornett Charter t fd. ij, 17671 . FRA. BERNA&Ek
rfturfday last a Committee from the Honoarakle Huutefqf Kcgsyfiiwn
■ tivcf waited upon hn Excellency tbe Uovuroioi wjlittuUovyim# Aaltttr
to his Mefiage of the yi.h instant, .. , r s\
’ M<i) if fit aft your Excellency t , - . ♦. . ‘*• .aV-.A*:;***
¥OUR Meflago of the 7th instant tuts been yea 4, tfti vhrjflpgciptty
confidVred by the House of Reprefeo\atiye*. ,4m> t* ypOt
Excellency’A Speech, we fnppofed.that thveAidghfbf ajmbAvch-
Ing ancient records, inftanqes of tbe.likq epoduft warmer
Governors, t 6 that to which Ihy House toojf xwpfeOi>.ri We ivere hunt
"bly that the couduft of his Honour the Uc^teasol.Go v>rftox
Was not fupporub.’e by any precedent; by which we think we.psinoordfe
understood to have intended othcxwife than that no precedent* can
vail in ftipport of any couduft, repugnant to |bt ctxafti*tttion And tiieici
ttr of the charter. v ...u:,.’ a ,
1 Upon tbt moft careful examination, we find bsttimo inftimees of*he
kind, in all refpeft* similar, since the opening of tbc.prqfeat durter
in order to determine whether they are (upporubic orveu countenanerti
by It, we beg leave to recite tlie matter of our complaint, as it is expnpf
fed in our Answer. We took occafioo to'fay, that-we could not forbear
to observe with concern, that.when twp jioufes werodidifted to jit.
tend jlour Excellency in tbe Council-Chamber* *t a.Sime but
the General Aftembly and their feryi\rt .4re iqteiwisd * be profeac; kh
Honour the Lieutenant- Governor was •nicaJ*<L ( saAppear in 6encnd.Af>
fentbly, and there to cootinuei till,the Hopfc retufned to their owss cham
ber, while your Excellency was not only i* the ptovmce, bet aftually in
thc chair. And, that we Were ot opinion that this conduft was not /up ■
portable by any precedeM; >* fltopld there be found, upon fenrehing
ancient records, any iriftaqce of the itwas not pnly.aq impropriety
in irfelf, but repugnant tn the conftimtiop %nd the fetter of tb charter.
We find that in June 170a, Lieutenant-Governor Poyey made his up.
pearance at the Bqard; and afterwards p Novum bur iiyik, Lieutenane-
Govemor Dbinmcr did the fame; /ach qf thc.m ut .tiiac when the Com
mander in chief direfted the attepdanef qf tjie t 0 Houjea in the Counci l •
Chamber, while he delivered afpt qch tP.tbc.p*fteraLiAorntbiyt and nei
ther of them beipg at those feverai Uiqpf f jested as Cnunfeliers, Theljs
twoinftances, it is.acknowledged, art; in point: But we ftUi asc
of opinion that they are iu no degree cqt9)tea|)ced by the ebarwr,-ke
evidently repugnant to it. WcobKxved t9..yur Excellency, shat bvwhe
charter, the General AfiTembly is exprefty declared to consist of the Geu
vernor, rhe Council or AffiJlauts foryje time being, and fich Freehofdnsq
of tbe province as/hall be from tiriie to time elefted or deputed by .the
major part of the Freeholders and other inhabitants, qualified to givexdkif
votes: We cannot conceive, how the chattel tan countenance the Liec
tenant-Governor, as fuqh, in faking * fear or place, # a in crab r of the
General Alfembly, unlci* we Could suppose fotdcthirrgcohtained Iq it,
Jo/tbfttrd and contrary tq felf em’ent propofitlons, as that all the pasts
ajfb not equal to the whole, As tfce pUn defigu of the charter definitive,
iy to declarx. who are members of fjte General it plainly ex
cludes every person not exprefly mentioned initj Ahd as the Lieutenant- >-
Governor is not one of the pei’fqne. mentioned in ike charier, he must
therefore, moft manifeftly, be not included in it. It a* insfodihle that kb
fisoald be Commander its clijcf, in the prdfcnce of the Governor, without