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"ment of the Crown upon them: I have at last receiv'd 6 it in a full Manner, and in authentick Form, attefted

by a Clerk of Council; and I shall now read it to you, (as a Matter of the greatest Weight and highest Concern 6. that can be laid before you at this Time.

At the Court at Kenfington, the 22d Day of May, 1729,

P RE'S EN T, The Queen's Moft Excellent Majesty, Guardian of the

Kingdom of Great Britain, and his Majesty's Lieutenant within the same, in Council.

His Royal Highness the Prince of WALES. . Archbishop of Canterbury, | Earl of Grantham, Lord Chancellor,

| Earl of Godolphin, i Lord Privy Seal,

Earl of Loudoun, Lord Steward,

Earl of Findlater, : Lord Chamberlain,

Earl of Marchimont, Duke of Somerset,

Earl of Ilay, Duke of Bolton,

Earl of Uxbridge, Duke of Rutland,

Earl of Sussex, Duke of Argyll,

Viscount Londsdale, .;. Duke of Montrose,

Viscount Cubham, Duke of Kent,

Viscount Falmouth, Duke of Ancafler,

Lord Wylmington, Duke of Newcastle,

Mr. Speaker, Earl of Westmoreland, Mr. Chan. of the Exchequer, Earl of Burlington, Master of the Rolls, Earl of Scarborough, . | Sir Paul Methuen, Earl of Coventry,

| Henry Pelham, Esas Upon reading this Day at the Board a Report to his Majesty from the Lords of the Committee of his Maje. fty's most Honourable Privy Council, dated the 22d of the last Month, in the Words following, viz. "

V Our Majesty having been pleased, by your Order

1 in Council of the ift of February last, to refer unto this Committee an Address from the House of Represen. tatives of the Province of Muffachusets-Bay, offering the Reasons and Grounds of their Proceedings and Conclufions against the settling a fixed Salary of 1000 l. per Annum on the Governor of that Province, for the Time being, according to your Majesty's Inftrutions to the present Governor; 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 Majesty's faid Order, did proceed the same Day to take the faid Address into their Confideration : But being inform’d, that the Lords Commissioners for Trade and Plan. tations had under their Examination several Letters from William Burnet, Esq; your Majesty's Governor of that Province, relating to the Behaviour of the said Af

sembly upon this Affair, the Lords of the Committee did · thereupon send a Copy of the said Address to the said

Lords Commissioners, that they might have the whole Matter before them, and directed them to report their Opinion thereupon to this Committee.

And the said Lords Commissioners having accordingly confider'd the said several Papers, and heard Mr. Attorney and Solicitor-General, in Support of your Majesty's faid Instructions, and also Counsel in Behalf of the faid Assembly, have reported upon the Whole, That the said Affembly seem'd entirely averse to settle a certain Salary upon the present Governor, and those who fall fucceed him ;- yet the faid Lords Commissioners judge it absolutely necessary, That the Assembly should settle a fixed Salary of 1000 l. per Annum at least upon the Go. vernor during the whole, Time of his Government. Ir being absolutely necessary to your Majesty's. Service, That the Independency of the Governor upon the Assembly should be preservd. :

And that as to the Complaint against the Governor for removing the Assembly from Boston to Salem, his late Majesty in Council, upon a former Complaint of this Nature, against Col. Shute, had determined that Point in Favour of the Governor. And therefore the said Lords Commissioners were of Opinion, The present Go. vernor had acted in this Matter agreeable to that Determination.

The Lords of the Committee hereupon beg Leave to, acquaint your Majesty, That notwithstanding the said Lords Commissioners for Trade had fully heard all the Reasons that were offer'd on the Behalf of the Assembly, yet the Agents of the faid Affembly petition'd this Gommittee on ihe 19th of this Instant, 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 answer the same; and they desir'd to be heard upon the Reasons they had to offer,

Ą 2

... Why the said Affembly should not settle a fixed Salary

upon his Majesty's Governor of that Province, du

ring the whole Time of his Government. Their Lordships appointing this Day for hearing 'em thereupon, and they having accordingly attended with their Counsel, their Lordships hcard all that was offer'd in their Behalf against settling such fixed Salary; and also heard Mr. Attorney and Sollicitor General, in Support of your Majesty's said Instructions, recommending it to them, and do thereupon agree humbly to report to your Majesty :

That by the Charter granted to the Massachufets-Bay, the Legislative Power is vefted in a Governor, Council, and Assembly, of whom the Governor only is nominated by your Majesty. . That the Affembly is chosen annually by the People, and that the Council is likewise annually chosen by the Affembly, in Conjunction with the Members of the Council.

That by the Reasons infifted upon by the Counsel for the Affembly, in resufing to settle 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 consequently 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 raising 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 ; bute the Words of the Charter Thew the Intent' of granting them this power to be, that they should use it for the Service of the Crowa, in the necessary Defence and Support of your Majesty's Government of the said Province, and the Protection and Preservation of the Inhabitants ; and that therefore, the refusing or neglecting to make a due Provision for the Support of your Majesty's Governor, who is so effential a Part of the Government, must be look'd upon as aéting contrary to the Terms of the faid Charter, and inconsistent with the Truft reposed in them thereby

That

That besides the Instruction given to the present Go. vernor, by your Majesty for this purpose, Instructions have always been given by your Majesty's Predecessors to former Governors, to recommend to the Affembly the eftablishing a Salary suitable to the Dignity of their Poft. Notwithstanding which, the Affembly' have hitherto refused to comply therewith, altho' they have by an A&t of Assembly settled a fixed Salary of Allowances · of 6 s. a Day upon themselves, and 10 s. a Day upon the Council.

The present Assembly has indeed offer'd your MajeAty's Governor a Salary, equal to what was recommen. ded by your Majesty's Instructions for the Time he has been with them ; but is apprehended this was done only to tempt him to give up your Majesty's Instructions for the settling of it for the whole Time of his Government.

And here their Lordships cannot, in Juftice to Mr. Burnet, omit taking Notice, That by his fteady Pursuit of your Majesty's Instructions, and rejecting the Temptations offer'd by the Assembly, he has acted with the utmost Duty to your Majesty, and just Regard to the Trust reposed in him as Governor of that Province.

Upon a due Confideration of all that has been offer'd on the Part of the Assembly, in Justification of their refusing to comply with your Majesty's Instructions ; the Lords of the Committee cannot but agree in Opinion with the Lords Commissioners for Trade and Plantations, That it is absolutely neceffary for your Majefty's Service, and for the preserving that Dependence which this Colony ought to have on Great Britain, and better securing a due Execution of the Laws for Trade and Navigation ; that a Salary of Tugol. Sterling per Annum, should be settled upon the Governor, during the whole Time of his Government. And considering that the Assembly of this Province hath shewn fo little Re. gard to your Majesty's Inftructions, or to those 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 Majesty to order the whole Matter to be laid be. fore the Parliament of Great Britain.

Her Majesty this Day took the said Report into Confideration, and was pleas’d with the Advice of his Majesty's Privy Council, to approve thereof, and to order,

as it is hereby order'd, that one of his Majesty's Prin : cipal Secretaries of State shall receive the Pleasure of ind the Crown thereupon,

A trise Copy,

Temple Stanyan. Gentlemen of the House of Representatives, (V ou see by what I have read to you, that the ha ç l Crown is determin’d to lay the Conduct of the ? Jate House of Representatives before the Parliament 4 of Great Britain, which will, in all Probability, fit 6 in January next, according to the usual Time of je

their Meeting of late Years. ... Tho? there is no Notice taken in her Majesty's Order cin Council, of any Thing that this Affembly can do

to prevent a Parliamentary Enquiry, yet there is no in ( Doubt, but that a timely Compliance with his Maje

sty's 2 3d Instruction, as it is now explain’d, would le. < cure you from the Censure of that Legislature : And (on the contrary, that your adhering to the Proceedings

of your Predecessors, will make you answerable for them..

6 You must now chuse, whether you will continue < to follow the Advice of those who formerly brought < this Province into Difficulties, Danger, and Expence,

and were condemnd 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 un? happy Measures : Or, whether you will strive to re& gain his Majesty's Favour, and preserve the Privile eges which you seem to value so highly, by doing 6 what the Crown has declar'd that the Charter rea (quires of you, and what would be only taking the o fame Care of the Governor that has been already taken of the Council and Representatives. August 20, 1729.

W. BURNET. Yesterday (August 23) the House of Representatives return’d the following Answer to the Governor's Speech : ...;

Máy it please your Excellency,' ! THE House have maturely consider'd your Excel. .

lency's Speech, and once and again, with great Caution read over the Report of the Lords of the Committee of Council, and her Majesty's Approbation and

Order,

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