No. 41. Massachusetts Government Act May 20, 1774 MARCH 28, 1774, Lord North moved in the House of Commons for leave to bring in a bill "for the better regulating the government of the Province of Massachusetts Bay." Leave was given, and April 15 the bill was presented. The bill had its second reading on the 22d, and May 2, after spirited debate, was ordered to its third reading by a vote of 239 to 64, and passed. A petition from Bollan, April 28, for delay until he could hear from Massachusetts, was refused, the vote being 32 to 95. The bill had its second reading in the Lords May 6; on the 11th, by a vote of 92 to 20, the third reading was ordered, and the bill, with some amendments, passed. Eleven Lords entered a protest against the bill. On the 13th the Commons agreed to the amendments of the Lords, and on the 20th the act received the royal assent. REFERENCES. —Text in Pickering's Statutes at Large, XXX., 381–390. The act is cited as 14 Geo. III., c. 45. For the debates, see the Parliamentary History, XVII., or Force's American Archives, Fourth Series, I., 66-104; see also the Annual Register (1774). An act for the better regulating the government of the province of the Massachuset's Bay, in New England. [The act recites the provision of the charter regarding the election of councillors, and continues:] And whereas the said method of electing such counsellors or assistants, to be vested with the several powers, authorities, and privileges, therein mentioned, although conformable to the practice theretofore used in such of the colonies thereby united, in which the appointment of the respective governors had been vested in the general courts or assemblies of the said colonies, hath, by repeated experience, been found to be extremely ill adapted to the plan of government established in the province of the Massachuset's Bay and hath been so far from contributing to the attainment of the good ends and purposes thereby intended, and to the promoting of the internal welfare, peace, and good government, of the said province, or to the maintenance of the just subordination to, and conformity with, the laws of Great Britain, that the manner of exercising the powers, authorities, and privileges aforesaid, by the persons so annually elected, hath, for some time past, been such as had the most manifest tendency to obstruct, and, in great measure, defeat, the execution of the laws; to weaken the attachment of his Majesty's well-disposed subjects in the said province to his Majesty's government, and to encourage the ill-disposed among them to proceed even to acts of direct resistance to, and defiance of, his Majesty's authority: And it hath accordingly happened, that an open resistance to the execution of the laws hath actually taken place in the town of Boston, and the neighbourhood thereof, within the said Province: And whereas it is, under these circumstances, become absolutely necessary, in order to the preservation of the peace and good order of the said province, the protection of his Majesty's well-disposed subjects therein resident, the continuance of the mutual benefits arising from the commerce and correspondence between this kingdom and the said province, and the maintaining of the just dependence of the said province upon the crown and parliament of Great Britain, that the said method of annually electing the counsellors or assistants of the said Province should no longer be suffered to continue, but that the appointment of the said counsellors or assistants should henceforth be put upon the like footing as is established in such other of his Majesty's colonies or plantations in America, the governors whereof are appointed by his Majesty's commission, under the great seal of Great Britain: Be it therefore enacted that from and after ... ... . . [August 1, 1774,] . . so much of the charter . . . [of 1691] . . . and all and every clause, matter, and thing, therein contained, which relates to the time and manner of electing the assistants or counsellors for the said province, be revoked, and is hereby revoked and made void and of none effect; and that the offices of all counsellors and assistants, elected and appointed in pursuance thereof, shall from thenceforth cease and determine: And that, from and after the said . . . [August 1, 1774,] · · · the council, or court of assistants of the said province for the time being, shall be composed of such of the inhabitants or proprietors of lands within the same as shall be thereunto nominated and appointed by his Majesty . from time to time, by warrant under his or their signet or sign manual, and with the advice of the privy council, agreeable to the practice now used in respect to the appointment of counsellors in such of his Majesty's other colonies in America, the governors whereof are appointed by commission under the great seal of Great Britain: provided, that the number of the said assistants or counsellors shall not, at any one time, exceed thirty-six, nor be less than twelve. nd enjoy all the powers, privileges, and immunities, exercised, and enjoyed, by the assistants or cound province, constituted and elected, from time to said charter (except as herein-after excepted) further enacted . . ., That from and after . . it shall and may be lawful for his Majesty's time being of the said province, or, in his absence, t-governor, to nominate and appoint, under the ce, from time to time, and also to remove, without e council, all judges of the inferior courts of commissioners of Oyer and Terminer, the attorney , marshals, justices af the peace, and other officers rcourts of justice belonging; and that all . . . s] . . ., and other officers so appointed ave, hold, and exercise, their said offices, powers, as fully and completely, to all intents and purlges of the inferior courts of common pleas, comyer and Terminer, attorney general, provosts, er officers, have or might have done heretofore letters patent . . . ... that the foregoing shall not be construed to ission granted prior to July 1, 1774.] further enacted . . ., That, from and after . it shall and may be lawful for his Majesty's his absence, for the lieutenant-governor . I appoint the sheriffs without the consent of the remove such sheriffs with such consent, and not further enacted . . ., That, upon every vacancy chief justice and judges of the superior court of e, from and after [July 1, 1774]. . ., the time being, or, in his absence, the lieutenantt the consent of the council, shall have full power . . or judges appointed before . . . [July 1, 1774] nor those who shall hereafter be appointed pursuant to this act, shall be removed, unless by the order of his Majesty. . . VII. And whereas, by several acts of the general court, which have been from time to time enacted and passed within the said province, the freeholders and inhabitants of the several townships, districts, and precincts, qualified, as is therein expressed, are authorized to assemble together, annually, or occasionally, upon notice given, in such manner as the said acts direct, for the choice of selectmen, constables, and other officers, and for the making and agreeing upon such necessary rules, orders, and bye-laws, for the directing, managing, and ordering, the prudential affairs of such townships, districts, and precincts, and for other purposes: and whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves: for remedy whereof, be it enacted, that from and after . . . [August 1, 1774,] . . . no meeting shall be called by the select men, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the governor, or, in his absence, of the lieutenantgovernor, in writing, expressing the special business of the said meeting, first had and obtained, except the annual meeting in the months of March or May, for the choice of select men, constables, and other officers, or except for the choice of persons to fill up offices aforesaid, on the death or removal of any of the persons first elected to such offices, and also, except any meeting for the election of a representative or representatives in the general court; and that no other matter shall be treated of at such meetings, except the election of their aforesaid officers or representatives, nor at any other meeting, except the business expressed in the leave given by the governor, or, in his absence, by the lieutenant-governor. the VIII. And whereas the method at present used in the province of Massachuset's Bay, in America, of electing persons to serve on grand juries, and other juries, by the freeholders and inhabitants of the several towns, affords occasion for many evil practices, and tends to pervert the free and impartial administration of justice: for remedy whereof, be it further enacted That from and after the respective times appointed for the holding of the general sessions of the peace in the several counties within the said province, next after [September, 1774,] . . . the jurors to serve at the superior courts of judicature, courts of assize, general gaol delivery, general sessions of the peace, and inferior court of common pleas, in the several counties within the said province, shall not be elected, nominated, or appointed, by the freeholders and inhabitants of the several towns within the said respective counties, nor summoned or returned by the constables of the said towns; but that, from thenceforth, the jurors to serve at . . . [the said courts] shall be summoned and returned by the sheriffs of the respective counties within the said province No. 42. Administration of Justice Act May 20, 1774 APRIL 15, 1774, the bill for regulating the government of Massachusetts having been presented in the House of Commons, Lord North moved for leave to bring in, "as the last measure that Parliament will take," a bill "for the impartial administration of justice, in the cases of persons questioned for any acts done by them in the execution of the laws, or for the suppression of the riots and tumults," in the Massachusetts colony. Leave being given, the bill was brought in on the 21st, had its second reading on the 25th, and May 6 passed, by a vote of 127 to 24. On the 9th it was carried up to the Lords, where it was read a second time on the 13th, and on the 18th passed, the vote being 43 to 12. Eight members of the Lords entered a protest against the bill. May 20 the act received the royal assent. Throughout the debate the attendance in each house was small. REFERENCES. Text in Pickering's Statutes at Large, XXX., 367–371. The act is cited as 14 Geo. III., c. 39. The debates are in the Parliamentary History, XVII., and Force's American Archives, Fourth Series, I., III-129; see also the Annual Register (1774). An act for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachuset's Bay, in New England. WHEREAS in his Majesty's province of Massachuset's Bay, in New England, an attempt hath lately been made to throw off the authority of the parliament of Great Britain over the said province, |