The Massachusetts Spy, Or, Thomas's Boston Journal

[NUMB. 158.
Esq; to whom the matter was referred for his opinion in point
of law) " it is o unsuitable to the nature of a court of jus-
tice to consist of two branches, each possessing a negative on
the other, that though something like it may be found, yet
he conceives no construction ought to be founded on the
possibility of the existence of such a court, because the in-
stances of such (if any) will be found to stand on principles
not applicable to the present case. And he is of opinion the
Governor of the province of the Massachusetts-bay may
lawfully acquiesce in the determination of the majority
of the whole number of councellors present, although he
should differ in opinion from that majority: Because he con-
ceives it to be past doubt, that by the clause in the charter
(which provides that in all acts of government by the Ge-
neral assembly or in council, the Governor shall have the ne-
gative voice) nothing more is intended by the words, acts of
government in council, than executive acts of state in ex-
clusion of judicial acts, which though they are the exercise of
a power derived under government, are, never, he believes,
comprehended under the description of acts of government."
To which may be added, that it is plainly a solecism that a
court of justice should be so constituted, as in many cases pro-
perly cognizable by it, to be incapable, fron the nature of its
constitution, to give a judgment. We agree with your Ex-
cellency, that in this construction of the charter, which you
say is different from what has been made by all Governors
ever since its first publication, his Majesty has shewn a ten-
der regard for the interest and convenience of his subjects.
Your Excellency is pleased to inform us, that you are " re-
quired to signify to the two houses his majesty's disapproba-
tion of the appointment of committees of correspondence, in
various instances, which sit and act during the recess of the
General court by prorogation." So far as this matter relates
to the Board it can relate to them only in the instance of
Correspondence with Mr. Agent Bollan: With whom,
since they chose him Agent, they have divers times appoint-
ed a committee to correspond during the recess of the court.
As this is a matter of great importance, your Excellency
will permit us to discuss it with freedom—When Governor
lives in the chair he early discovered a disposition to it."