but Contradiction and ill Ufage from you on the other. But it would be well for you to remember who made this Province, that was once flourishing, to decline fo much; even they who have ruin'd the Credit of it, by making a Deluge of Paper Currency, which your very Petitioners among the Merchants will maintain. By this Means thofe who lend Money, lofe more than their Interest every Year; and those who have none, may get Money by borrowing only. When you follow better Maxims, and confent to put the publick Affairs upon the real Foot of the Charter and of Magna Charta, then the Province may again flourish; but 'till then you have nothing to expect but the Difpleasure of the Legislature of Great Britain: And that you may not be deceiv'd by the idle Surmifes of your Agents, I will give you an Account at length of what was done by that Legiflature to the Kingdom of Ireland, in the Sixth Year of the late King, by an Act for the better fecuring the Dependency of the Kingdom of Ireland upon the Crown of Great Britain; which Act is at Length as follows: W Hereas the House of Lords of Ireland have of late, against Lary, affumed to themselves a Power of Jurifdiction to examine, correct, and amend the Judgments and Decrees of the Courts of Justice in the Kingdom of Ireland: Therefore, for the better fecuring of the Dependency of Ireland upon the Crown of Great Britain, May it pleafe your Moft Excellent Majefty, that it may be enacted, and be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament assembled, and by the Authority of the fame, that the faid Kingdom of Ireland hath been, is, and ought to be fubordinate unto, and dependent upon the Imperial Crown of Great Britain, as being infeperably united and annexed thereunto; and that the King's Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons of Great Britain in Parlia ment affembled, had, hath, and of Right ought to have full Power and Authority to make Laws and Statutes of fufficient Force and Validity, to bind the Kingdom and Peaple of Ireland. And be it further declared and enacted by the Authority aforefaid, That the House of Lords in Ireland have not, nor ought to have any Furisdiction to judge of Affairs, or to C 2 reverse reverfe any Judgment, Sentence or Decree, given or made in any Court within the faid Kingdom: And that all Proceedings before the faid Houfe of Lords, upon any fuck Judgment, Sentence or Decree, are, and are hereby declared to be utterly null and void, to all Intents and Purpofes whatfoever. Sept. 2, 1729. W. BURNET. The Anfwer to his Excellency's Meffage of the 2d Inftant, is as follows: May it please your Excellency, HE Houfe of Reprefentatives have confider'd your Meffage of the 2d Inftant, and notwithstanding your groundless Cenfures, as tho' they had not a dutiful Regard to the Crown, and endeavour'd to delude the People, we hope and doubt not, but they will ever remain and appear to be fincerely and heartily loyal to our moft gracious and rightful Sovereign King George and they have and always will feek the true Intereft and Welfare of this Province. It is wonderful to this Houfe, that you fhould argue fo much from the Settlement of the Civil Lift for the fixing your Salary, when there is fo great and obvious a Difference between them. Can you expect fuch an Expreffion of Refpect and Confidence from your Conduct ever fince your Arrival? Can there be any Pretence, that the Affembly have not fhewn as great an Inclination for your Support, as your Excellency has for the Good of this Province ? The Houfe are no lefs furprized at your Account of Lett-Paffes and Regifter Money; is it poffible that a Law that ftated a Fee of 3 s. to the Secretary for a SeaBrief, to thofe who needed and defired it, fhould thereby establish 12 s. on your Excellency, for compelling thofe to take your Lett-Pafs who don't need it, and would gladly refuse it? Or can an Ordinance of the Governor and Council of New-York for Lett-Paffes, and the Fee for Regifters in that Colony, if legal there, justify your Excellency's demanding them in this Province without Law? Your Excellency's arguing about Acts and the Publick Seal, feem to be of as little Force; and there are many other Particulars which the Houfe think very exceptionable, all which to remark would be very tedious. However, we are thankful your Excellency is pleafed to intimate, that tho' the Governor's Salary was fettled, we we might expect to pay alfo for every particular Act or Service he fhould do as Governor. We affure your Excellency, your Meffage has not at all enlighten'd us as to the Point in Controverfy; and if it will be of Service to others, for whom your Excellency tells us it was more particularly defign'd, we are content they should have it in its full Strength, and heartily defire, fince what has paffed on each Side from Time to Time has been to little Purpose, that there may be no more controverting Meffages between your Excellency and this Houfe on that Head. In the House of Reprefentatives, Sept. 5, 1729. The Letter mention'd by Governor Burnet is as follows: Mr. SPEAKER, SIR, ON " London, June 7, 1729. N the other Side you have a Copy of our laft, and, as we then wrote you, no Steps have fince been taken by the Government in the Affair, only reading the Report, a Copy of which you have here inclofed. You'll obferve by the Conclufion, what is propofed to be the Confequence of your not complying with his Majesty's Inftruction. (The whole Matter to be laid before the Parliament of Great Britain) it is very unlikely ever to be the Cafe; but fhould it, the Queftion can be only, Whether the Province of the Maffachufets-Bay in NewEngland hall fettle a Salary of 100 1. Sterling per Ann. on WILLIAM BURNET, Efq; during his Government ? It will be the firft Queftion of the Kind that was ever moved in the Houfe of Commons; but fhould it pafs into a Law, it will be a much better and fafer Foundation for your doing it, than any Inftruction can be. We have hitherto been debarr'd entring into any Matter of Complaint of the Governor's Conduct, it not being any Part of your Addrefs; but fhould we ever come before the Parliament on this Account, all we have to offer, will be duly confider'd, and hope you'll think it proper to furnish us with fuch Particulars, as fhall make appear how little a Governor is to be trufted with the Liberties of a People. We remain with much Refpect to the Ho-" nourable Houfe of Reprefentatives, SIR, Your most humble Servant, On On the 3d of September, the Day after the above Meffage bears Date, his Excellency William Burnet, Efq; was taken ill of a violent Fever, of which he dy'd in three Days; and tho' the Disputes about the Settlement of a Salary on the Governor neceffarily ceafed, as far as related to his Excellency Mr. Burnet, by his unexpected Sickness and Death; yet the Subject in Question remained, and was immediately taken up by Mr. Dummer the Lieutenant-Governor, upon whom the Government. of Course devolved, by the Demife of the late Governor, 'till his Majefty's Pleafure was farther known. The Houfe of Reprefentatives of the Maffachufets-Bay had been appointed by his Excellency the late Governor to meet for their next Seffions at Harvard College in Cambridge in the County of Middlefex, and had been prorogued to the 27th of Auguft; when they met, and received the Meffage above from his Excellency, which was his laft; and upon the melancholy Occafion of the Decease of their Governor, the Houfe adjourned for a few Days, and met again the 17th, when they received the following Meffage, or, as they call it, a Speech from the Hon. the Lieutenant-Governor, upon whom, as I have faid, the Government devolved. Gentlemen, TT having pleafed Almighty God to remove by Death his Excellency Governor Burnet, and the Govern ment of this Province being thereby devolved on me by the King's Commiffion, I apprehend it my Duty, purfuant to his Majesty's 23d Inftruction (as it ftands explained by the Crown) which has been fo long before you, to propofe to your immediate Confideration, before any other Bufinefs, the fixing a Salary for me as Commander in Chief, during my Continuance in the Administration of the Government, agreeable to the faid Inftruction. I fhall not pretend to add any new Arguments on this Subject, the late Governor having fet the whole Matter in fo full and clear a Light, as makes it altoge ther needlefs to fay any more, You have still an Opportunity, by a due Compliance with his Majefty's juft Expectation from you, to recover (as I hope) the Royal Grace and Favour for your Country, and hereby to prevent the Confequences of a Parliamentary Procedure: And you fhall always find me, whilft I am continued in the Command here, ufing my utmoft Endeavours to promote his Majesty's Service, and the Good and Welfare of the Province. W. Dummer. Sept. 16, 1729. Upon receiving and reading this Speech, the Houfe order'd it to be read a fecond Time, and then appointed a Committee to confider the fame, and report their Opinion to the Houfe. Accordingly, Thursday, Sept. 18. Mr. Cooke, from the Committee appointed Yesterday to confider of his Honour's Speech of the 16th Current, and Report what might be proper for the Houfe to do thereon, prefented the following Anfwer, which was read and accepted, and is as follows: May it pleafe your Honour, Tnour's Speech of Yefterday, can by no means con ceive his Majesty's 23d Inftruction, as first recommended, or as it now ftands, ever intended that the Great and General Court fhould pafs Acts for the fixing an ample and honourable Salary for the Governor and LieutenantGovernor when Commander in Chief, as your Honour feems to apprehend. But could we fuppofe otherwise, the Reasons forbidding the prefent and former House fettling a fixed Salary on the Governor, will not allow us to fix it on your Honour during your Continuance in the Adminiftration of the Government. However, the House are ready and willing to fupport your Honour agreeable to the Dignity of the Poft and Station you now fuftain. In the House of Representatives, Sept. 17, 1729. This Anfwer being fent to his Honour by the proper Officer attending the Houfe, his Honour fent another Meffage to the House on the 20th, as follows: Saturday, Sept. 20. A Meffage from his Honour the Lieutenant-Governor, by Mr. Secretary, viz. Gentlemen of the House of Reprefentatives, Have confider'd your Anfwer to my Speech, which was deliver'd to me Yesterday; by which you utterly decline fixing a Salary on me during the Continu ance |