this, moment so to act—to take, such measures—that no such misfortune may come into event.

I hope the House will excuse my trespassing on their patience—it is the last time that I shall speak on this subject. If, however, the knowledge which my situation must necessarily have supplied me with, can enable me to be of any use in matter of information, on any points which come before you, I shall constantly attend in my place, and in my place be ready to answer to any questions on such matter, as any gentleman may wish to receive information upon; as far as I may be able to inform him; and in this light I beg leave to stale, that although by the charter of the Province of Massachusetts Bay the Governor is obliged to lake with him, not simply the advice, but the consent of the Council, in the nomination of judges and other civil officers—yet it is from the power of the Governor's commission held under the broad seal, that all the commissions in the Province are derived; and cease with the determination of that commission. All those officers, except the Attorney General, even the Sheriffs, which an honorable gentleman had conceived not to be so, and which the present proposed Bill directs to be appointed and removed by the Governor, are according to the powers and privileges of the present charter, appointed by the Governor in Council. The difference is, that in those Governments which are established by the King's patent commissions, the whole act of appointment is in the Governor—which act, indeed, he is by his instructions directed to do in the Act. He is the sole efficient: he may advise with the Council, but he is not bound to take their consent—he is not incompetent to the act, without their consent. His commission gives him full power to act—if he acts without, the advice of his Council, he does, indeed, break through his instructions, and may incur his Majesty's displeasure; but yet the appointment is good to all intents and purposes. The first is the act of legal power, derived from the commission; the second, is a matter prudential, with which the mode of the act is properly and wisely accompanied.

In the charter under consideration, the matter of instruction, was made a component part of the act—by which the Council were made a component part of the Governor, and so far forth of the supreme executive magistrate. This I have always thought to be an original and radical blunder. If the Bill, as it was first proposed, had gone no farther than to the remedy of this error, I think there could not have been a reasonable objection to it—but of that I shall say no more now—I have already given my opinion on that point.

Another gentleman (misled by a construction which some Governors have made of their powers) thinks that the Council are so much, in all cases of Government, a part of the supreme executive magistrate, that if they refuse to act with the Governor, he cannot do any act of Government either civil or military. I know of no Act in which they are constituted such part, but in the case of the nomination of civil officers. In every other, the Governor, both by the charter and by his commission is, perfect and complete, supreme executive magistrate. I am sure I can speak from fact;—I have, as Governor, without communion of power with the Council, done every civil act of Government, which the King, actuating the powers of the Crown, does here within the Realm. And as to the military, if it had been my misfortune to have been Governor in these times, and if the interposition of the military had been necessary, I would not have applied to them for their aid—I would have sent them an order. I am sure there is no officer within the Province would have dared to have disobeyed it. They must have obeyed. The power to give such order is, both by the charter and the commission (which are both under the broad seal,) in the Governor, as Commander-in-chief; and I know of no revocation of it, but by the mere letter of a Secretary of State, which could have no effect; but which was at the same time one of the most dangerous measures ever taken.

Upon this ground, supposed to be the fact, that the Council are part of the executive magistrate, it is alleged as matter of crime against them, that they refused to act with the Governor at the time of the late riots; by which the powers of Government were suspended, the power of the charter misused, so that the Governor could not act; but as I have shewn that this is not the fact, the allegation of crime vanishes: yet I must own, and I must say, that as it is always for the benefit of the public, that the Governor should advise with, and have the advice of his Council—that as it is always of benefit to Government, that he should take with him and be supported by the authority of his Council, and, especially, in this Province, where the authority of the country is of more solid effect than in any other—the Council, and every member of it, are highly blameable, are, indeed, inexcusable, whenever they refuse to advise, whenever they withhold their authority from the aid and support of Government. I do not know whether they be not liable to censure in refusing their assistance, as they are by the charter expressly called Assistants; but surely their conduct was inexcusable, when, instead of assisting, they sought and took occasion in the midst of these disturbances, to bring forward as an act of Council, a report fraught with all the matters of contest and dispute, which were the very grounds taken as principles by the People engaged in the disturbances. Thus far as to matter of fact; as to matter of opinion, I shall not trouble the House, with it. [The few words afterwards spoken by way of explanation, were so far from signifying that the People were going to rebel, that they were expressly spoken to obviate that misapprehension of what had been said.]

Mr. Rigby. Upon my word, Sir, what was just now said is very worthy the consideration of this House; and if, from what the honourable gentleman says, it is true, and I believe he is well informed, it appears that America is preparing to arm; and that the deliberations of their town-meetings tend chiefly to oppose the measures of this country by force. He has told you, Sir, that the Americans will appoint other officers than those sent by Government to command their troops. He has told you that a Post-Office is established on their account from town to town, in order to carry their treacherous correspondence from one to another. He has told you, the Post-Office revenue will soon be annihilated. If these things are true, Sir, I find we have been the aggressors, by continually doing acts of lenity for these twelve years last past. I think, Sir, and speak out boldly when I say it, that this country has a right to tax America; but, Sir, it is matter of astonishment to me, how an honourable gentleman, (General Conway) can be the author or bringer in of a Declaratory Law over all America, and yet saying at one and the same time, that we have no right to tax America! If I were to begin to say that America should not be taxed, and that these measures were not proper, I would first desire my own Declaratory Law to be repealed; but being of opinion that the Americans are the subjects of this country, I will declare freely, that I think this country has a right to tax America; but I do not say I would put any new tax on at this particular crisis; but when things are returned to a peaceable state, I would then begin to exercise it. And I am free to declare my opinion, that I think we have a right to tax Ireland, if there was a necessity so to do, in order to help the mother country. If Ireland was to rebel and resist our laws, I would tax it. The mother country has an undoubted right and control over the whole of its Colonies. Again, Sir, a great deal has been said concerning requisition. Pray, in what manner is it to be obtained? Is the King to demand it? Or are we, the Legislative power of this country, to send a very civil, polite gentleman over to treat with their Assembly? How and in what manner is he to address that Assembly? Is he to tell the Speaker of it, that we have been extremely ill-used by our neighbours, the French; that they have attacked us in several quarters; that the finances of tills country are in a bad state; and, therefore, we desire you will be kind enough to assist us, and give us some money? Is this to be the language of this country to that; and are we thus to go cap in hand? I am of opinion, that if the Administration of this country had not been changed soon after the passing of the Stamp Act, that tax would have been collected with as much ease as the land tax is in Great Britain. I have acted, with regard to America, one consistent part, and shall continue in it till I hear better reason to convince me to the contrary.

Governor Pownall to explain. I apprehend I have been totally misunderstood. I did not assert the Americans were now in rebellion, but that they are going to rebel; when that comes to pass, the question will be, who was the