| OCR Text |
Show 4: ACTS RELATING Part I. power of appeal is given to the king in council. 1 In truth, the confiitution is fo totally a firanger to this power allumed by the king in council over the colonies, that it has left him in a {late of utter debility, uninvefied with any coercive power to en- force the execution of his judgments. Of this debility a caufe, at this moment depending in one of our colonies, allorded a firiking proof. An order was fent to expedite it. This order produced the fame elicit on the judges as an equal quantity of blank paper. And as if lim- ple difobedience were not enough, they treated it with {corn 1*. The fecond practice, which ifihes from the fame fource, and is equally uncon- ftitutional, is the {landing direction illued by the king to governors. They are an- Sec‘t. II. To THE COLONIES. 43 thorifed, it fcems, to exercife this power, not only according to their firit commiflions, and the terms of the charter, but " by fuchfizrt/zcr flowery, znflruéi‘z'ons, and " ant/zorz‘tz‘er as {hall at any time berm/fer " be granted or appointed them, under the " fignet or fign manual, or by order of " t/zc king in his privy council." Here the executive power takes upon itfelf to modify, to curtail, or extend the orders of the fupreme Iegiflative power, or what has been done or granted by the king in his procuratorial capacity. This furely is fomething more than aflr/mrdznnle power of legiflation. It is a power that rides paramount over all. Another mifiake, which has been con- flantly perfil'ted in ever fince the Revolution, is attributing to the king in hisfiléordznate legfln/z‘ve capacity, powers which belong to him only in his pracnratorz'n/ * I: was called " a IV/Jz'lcball mandm‘g." And :‘is a rcalbn for paying no regard to it, their re- verences oblci'i'cd, " that the privy council might " err as well as they." thorifed capacity. Thus we have feen in the laft feétion, that when the province of New England had |
