ment of the Crown upon them: I have at laft receiv'd it in a full Manner, and in authentick Form, attested by a Clerk of Council; and I fhall now read it to you, С as a Matter of the greatest Weight and higheft Concern "that can be laid before you at this Time. At the Court at Kenfington, the 22d Day of May, 1729, The Queen's Moft Excellent Majefty, Guardian of the His Royal Highness the Archbishop of Canterbury, Prince of WALES. Earl of Grantham, Earl of Godolphin, Earl of Loudoun, Lord Privy Seal, Lord Steward, Duke of Somerset, Earl of Findlater, Mr. Chan. of the Exchequer, Henry Pelham, Efqs Upon reading this Day at the Board a Report to his Majefty from the Lords of the Committee of his Majefty's most Honourable Privy Council dated the 22d of the latt Month, in the Words following, viz. You Our Majefty having been pleased, by your Order in Council of the ift of February laft, to refer unto this Committee an Addrefs from the Houfe of Reprefentatives of the Province of Muffachufets-Bay, offering the Reafons and Grounds of their Proceedings and Conclufions against the fettling a fixed Salary of 1000 1. per Annum on the Governor of that Province, for the Time being, according to your Majesty's Inftructions to the prefent Governors and complaining against the Governor for having adjourn'd the General Court from Bofton to Salem: The The Lords of the Committee, in Obedience to your Majefty's faid Order, did proceed the fame Day to take the faid Addrefs into their Confideration: But being inform'd, that the Lords Commiffioners for Trade and Plantations had under their Examination feveral Letters from William Burnet, Efq; your Majefty's Governor of that Province, relating to the Behaviour of the faid Affembly upon this Affair, the Lords of the Committee did thereupon fend a Copy of the faid Addrefs to the faid Lords Commiffioners, that they might have the whole Matter before them, and directed them to report their Opinion thereupon to this Committee. And the faid Lords Commiffioners having accordingly confider'd the faid feveral Papers, and heard Mr. Attor ney and Solicitor-General, in Support of your Majesty's faid Inftructions, and alfo Counfel in Behalf of the faid Affembly, have reported upon the Whole, That the faid Affembly feem'd entirely averfe to fettle a certain Salary upon the prefent Governor, and those who fhall fucceed him; yet the faid Lords Commiffioners judge it abfolutely neceffary, That the Affembly fhould fettle a fixed Salary of 1000l. per Annum at least upon the Governor during the whole Time of his Government. It being abfolutely neceffary to your Majefty's Service, That the Independency of the Governor upon the Affembly should be preferv'd. And that as to the Complaint against the Governor for removing the Affembly from Boston to Salem, his late Majefty in Council, upon a former Complaint of this Nature, against Col. Shute, had determined that Point in Favour of the Governor. And therefore the faid Lords Commithioners were of Opinion, The prefent Governor had acted in this Matter agreeable to that Determination. The Lords of the Committee hereupon beg Leave to. acquaint your Majefty, That notwithstanding the faid Lords Commiflioners for Trade had fully heard all the Reasons that were offer'd on the Behalf of the Affembly, yet the Agents of the faid Affembly petition'd this Committee on the 19th of this Inftant, praying that they might be admitted to be heard before their Lordships: Whereupon their Lordships thought it proper to know upon what Point they would infift, That your Majesty's Attorney and Sollicitor-General might be prepar'd to anfwer the fame; and they defir'd to be heard upon the Reafons they had to offer, A 2 Why Why the faid Affembly should not fettle a fixed Salary upon his Majefty's Governor of that Province, during the whole Time of his Government. Their Lordships appointing this Day for hearing 'em thereupon, and they having accordingly attended with their Counfel, their Lordships heard all that was offer'd in their Behalf against fettling fuch fixed Salary; and alfo heard Mr. Attorney and Sollicitor General, in Support of your Majefty's faid Inftructions, recommending it to them, and do thereupon agree humbly to report to your Majefty: That by the Charter granted to the Maffachufets-Bay, the Legislative Power is vefted in a Governor, Council, and Affembly, of whom the Governor only is nominated by your Majefty. That the Affembly is chofen annually by the People, and that the Council is likewife annually chosen by the Affembly, in Conjunction with the Members of the Council. That by the Reafons infifted upon by the Counsel for the Affembly, in refufing to fettle a fixed Salary upon the Governor, during the whole Time of his Government, it appear'd, that the Point contended for, was to bring the Governor appointed by your Majesty over them, to a Dependence upon their Good Will for his Subfiftence; which would manifeftly tend to the leffening of his Authority, and confequently of that Dependence which this Colony ought to have upon the Crown of Great Britain, by bringing the whole Legislative Power into the Hands of the People. The Power of raifing Taxes being by the Charter granted to the General Affembly, it was from thence argu'd, that they ought to be left at Liberty in the doing or omitting it, as they should think proper; but the Words of the Charter fhew the Intent of granting them this Power to be, that they should use it for the Service of the Crown, in the neceffary Defence and Support of your Majefty's Government of the Jaid Province, and the Protection and Prefervation of the Inhabitants; and that therefore, the refufing or neglecting to make a due Provifion for the Support of your Majesty's Governor, who is fo effential a Part of the Government, must be look'd upon as acting contrary to the Terms of the faid Charter, and inconfiftent with the Truft repofed in them thereby. That That befides the Inftruction given to the prefent Governor, by your Majefty for this Purpose, Inftructions have always been given by your Majefty's Predeceffors to former Governors, to recommend to the Affembly the establishing a Salary fuitable to the Dignity of their Poft. Notwithstanding which, the Affembly have hitherto refused to comply therewith, altho' they have by an Act of Affembly fettled a fixed Salary of Allowances of 6s. a Day upon themfelves, and 10 s. a Day upon the Council. The prefent Affembly has indeed offer'd your Majefty's Governor a Salary, equal to what was recommended by your Majefty's Inftructions for the Time he has been with them; but is apprehended this was done only to tempt him to give up your Majesty's Inftructions for the fettling of it for the whole Time of his Govern ment. And here their Lordships cannot, in Juftice to Mr. Burnet, omit taking Notice, That by his fteady Purfuit of your Majefty's Inftructions, and rejecting the Temptations offer'd by the Affembly, he has acted with the utmoft Duty to your Majesty, and just Regard to the Truft repofed in him as Governor of that Province. Upon a due Confideration of all that has been offer'd on the Part of the Affembly, in Juftification of their refufing to comply with your Majesty's Inftructions; the Lords of the Committee cannot but agree in Opinion with the Lords Commiffioners for Trade and Plantations, That it is abfolutely neceffary for your Majefty's Service, and for the preferving that Dependence which this Colony ought to have on Great Britain, and better fecuring a due Execution of the Laws for Trade and Navigation; that a Salary of 1000 l. Sterling per Annum, fhould be fettled upon the Governor, during the whole Time of his Government. And confidering that the Affembly of this Province hath fhewn fo little Regard to your Majefty's Inftructions, or to thofe of your Royal Predeceffors in this Behalf, which the Governors from Time to Time have been directed to lay before them: The Lords of the Committee do humbly advise your Majefty to order the whole Matter to be laid before the Parliament of Great Britain. Her Majefty this Day took the faid Report into Confideration, and was pleas'd with the Advice of his Majefty's Privy Council, to approve thereof, and to order, aş as it is hereby order'd, that one of his Majefty's Principal Secretaries of State fhall receive the Pleafure of the Crown thereupon. . A true Copy, Temple Stanyan. Gentlemen of the House of Reprefentatives, OU fee by what I have read to you, that the Crown is determin'd to lay the Conduct of the Jate Houfe of Reprefentatives before the Parliament of Great Britain, which will, in all Probability, fit in January next, according to the ufual Time of their Meeting of late Years. "Tho' there is no Notice taken in her Majesty's Order in Council, of any Thing that this Affembly can do to prevent a Parliamentary Enquiry, yet there is no 'Doubt, but that a timely Compliance with his Maje. fty's 23d Inftruction, as it is now explain'd, would re८ cure you from the Cenfure of that Legislature: And on the contrary, that your adhering to the Proceedings of your Predeceffors, will make you anfwerable for them. ८ You must now chufe, whether you will continue to follow the Advice of thofe who formerly brought < this Province into Difficulties, Danger, and Expence, દ્ર and were condemn'd in every Point which they un'dertook to maintain, and who have of late been endea. vouring to plunge the Country deep in the like unhappy Meafures: Or, whether you will ftrive to regain his Majefty's Favour, and preferve the Privileges which you feem to value fo highly, by doing what the Crown has declar'd that the Charter requires of you, and what would be only taking the fame Care of the Governor that has been already taken of the Council and Reprefentatives. August 20, 1729. W. BURNET. Yefterday (August 23) the House of Reprefentatives return'd the following Anfwer to the Governor's Speech: May it pleafe your Excellency," HE Houfe have maturely confider'd your Excel Tiency's secch, anda tunce and again, with great Caution read over the Report of the Lords of the Committee of Council, and her Majefty's Approbation and Order, |