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Show 406 ACTS RELATING Seé‘t. VII. Part III. difaffeé'tion which prevailed in New England: and it therefore determined to preferve the authority of Great Britain, from that time forward, by new-modelling the government of the province. Let us examine the defeéls complained of in the government as it ftood previous To THE COLONIEs. 407 to be exercifed by one and the fame body. This council is firlt a council of fiate, that is, in fome cafes it is a érzmc/z of the exe- cutive power; for its tonflm‘ is neceilary to the performance of certain aé'ts by the governor: in many more it is an cflz‘flam‘ of the executive power, for its advice is to be afked at leafl, if not followed, pre- to the pafling of this aét, and the reme- vious to many other aéts to be done by dies this aét has applied. King \Villiam, we may remember, when the governor. And this fame council is befides a conftituent branch of the legif- he granted a new charter to the province of Malfachufet's Bay, put the nomination of the governor, lieutenant-governor, and fecretary into the hands of the crown. This was a fevere blow to that fpirit of democracy for which this province had been diftinguiflied from its firft foundation. But he left the court of aflil'tants, or council, as he found them, eligible, and in cafe of a mifdemeanor, amoveable by the general allemblies. At the fame time he attributed to this council, thus eligible and amoveable, functions which it {hould feem ought not lature. Many inconveniences had it feems arifen from this union of funél‘ions fo difiinét in one and the fame body of men *. To thefe inconveniences, whatever they be, the government is {till left open; no re,medy is provided by this aét. Yet it was not perhaps unnatural to ex- peé't, that in new regulating the government of this province, one objeét would have been to have brought it as near as * See Adminiflrati-on of the Colonies, vol. i. p. "8.. Dd 4 IQ might ,fij Y. : 4‘ . .,_---_ UH" : "him In |