Veneris 30. Die Maii, A. D. 1755.

MR. Speaker informed the House, that in Con­sequence of his signing a Warrant for the Committment of Daniel Fowle, on the 24th of October last, by Order of the late House of Repre­sentatives, he has been served with a Summons to answer the said Fowle at the next Inferiour Court to be held at Boston in July next, in an Action of Tres­pass commenced against him for One Thousand Pounds Damages, for his signing the said Warrant: Which Procedure he communicated to the House, that they might take the same under Consideration, and deter­mine what they judge proper to be done in the Case.

The Votes of the late House of Representatives re­lative to the said Affair, and the Copy of the Sum­mons, were read; and after a considerable Debate.

[Page 2] Ordered, That Mr. Gridley, Judge Russell, Mr. Trowbridge, Mr. Tyng, and Col. Williams, be a Com­mittee to take the said Affair under Consideration, and report thereon as soon as may be.

Martis 10. Die Junii, A. D. 1755.

The Committee appointed to consider the Sum­mons served on Mr. Speaker, the Messenger of the House, and the Keeper of his Majesty's Goal in Boston, by Daniel Fowle and Royall Tyler, reported thereon, according to Ordered.

Read and Ordered, That the same be recommitted for Amendments, and that the Committee sit forth­with.

Mercurii 11. Die Junii, A.D. 1755.

The Committee appointed on the Affair of the Summons served upon Mr. Speaker &c. reported their Amendments thereon, according to Order: Which was read, and is as follows, viz.

The Committee to consider and report on the Suits now brought against the Speaker of the last House of Representatives, the honourable THOMAS HUBBARD, Esq; their Messenger William Baker, and the Keeper of the Prison Alexander Young; by Daniel Fowle and by Royall Tyler against the Messenger; find, that the House of Representatives of this Province on the 24th Day of October last; Voted, That a Pamphlet Intitled, The Monster of Monsters, then lately publish­ed; is a false scandalous Libel, reflecting upon the Proceedings of said House in general, and on many worthy Members in particular, in Breach of the Pri­viledges thereof; and Resolved, That the Messenger of the House do forthwith take into Custody Daniel Fowle of Boston, Printer, who they were informed [Page 3] was concerned in Printing and Publishing the said Pamphlet, and that the Speaker issue his Warrant for that Purpose; that the Speaker issued his Warrant accordingly; and that the said Fowle was thereupon on said Day apprehended and brought into the House by the Messenger, and examined, and recommitted by Order of said House; and that afterwards on said Day the said Daniel Fowle was brought into the House, and further examined touching the Premisses; and that during said Examination he behaved very con­temptuously towards the House; for which, as well as on Suspicion of his printing and publishing said Pamphlet, it was ordered by said House, That the said Daniel Fowle be committed to the Common Goal in the County of Suffolk, and that the Speaker issue his Warrant accordingly; and that the said Speaker thereupon issued his Warrant directed to the Messen­ger of said House, and to the Keeper of said Prison, for the Commitment of said Daniel Fowle to said Pri­son, on Suspicion of his printing and publishing said Pamphlet; and thereupon on said Day the said Daniel Fowle was committed to the aforesaid Goal, by the said William Baker the Messenger, and there received and imprisoned by Alexander Young the Keeper; and on the 25th Day of said October the said House Re­solved, That Daniel Fowle has been concerned in pub­lishing a scandalous Pamphlet, intitled The Monster of Monsters, in which the House are greatly reflected on, in Breach of their Priviledge; and that he con­tinued in said Goal on said Commitment until the 29th Day of said October, when he was brought to the Bar of said House, and Reprimanded by said Speaker for publishing said scandalous Libel, and by [Page 4] the said Speaker's Warrant discharged upon paying Cost, according to the Order of the House.

And the Committee further find, That the said Royall Tyler was on the said 24th Day of October, by the Speaker's Warrant issued to the Messenger, ac­cording to the Order of the House, taken by him into Custody, and brought before them for being con­cerned in printing and publishing said Pamphlet, and thereupon remained in his Custody until the 26th Day of said October, when he was by Order of the House, discharged from said Custody.

Whereupon the Committee humbly Report,

That these Arrests and Commitments are the Mat­ters of Complaint in said Actions; that the Right of Commitment by the House of Representatives of this Province for the Breach of their Priviledges, will pro­bably come into Question in the Course of these Ac­tions; that this Power of committing has often and for a long Time been exercised by many former Houses of Representatives; that the House of Representatives of this Province are the indisputable Judges of any Breach of their Priviledges, and have an Authority to arrest, commit and examine for such Breaches, not only their own Members, but others; That it was the indispensable Duty of the Speaker of said House to issue his Warrants according to the aforementioned Orders, and of the Messenger of said House, and Keeper of said Goal to execute them; and that these Suits are an Attempt against the Rights of the People of this Government, in the Authority of this House to commit for a Contempt to their Representative Body, and to frustrate all Effect of this Authority, and to introduce Disorder and Confusion; and that [Page 5] therefore the honourable THOMAS HUBBARD, Esq; who issued these Warrants, William Baker the Mes­senger, and Alexander Young the Keeper of the Pri­son, who obeyed them, be defended in these Actions; and that a Committee of the House be appointed to attend and take Care of the Defence.

Signed Jer. Gridley, per Order.

The Report aforegoing was read; and after a con­siderable Debate thereon, the previous Question was put,

Whether the Acceptance of this Report should be de­termined by Yeas and Nays?

Resolved in the Affirmative.

Then the Question was put, Whether the House ac­cept the foregoing Report?

Resolved in the Affirmative.

YEAS

Estes Hatch, Esq; Samuel Miller, Esq; Jeremy Gridley, Esq; Mr. Richard Bayley, Henry Gibbs, Esq; Daniel Epps, Jun. Esq; Robert Hooper, Esq; Mr. Joshua Frye, Capt. John Leach, Mr. Thomas Lancaster, Mr. Isaac Merrell, Capt. Benjamin Milliken Mr. Jonathan Foster, Edmund Trowbridge, Esq; Mr. James Russell, Mr. John Hunt, Mr. Simon Hunt, Thomas Greenwood, Esq; Capt. John Noyes, William Lawrence, Esq; Capt. Enoch Kidder, Joseph Buckminster, Esq; Mr. Benjamin Hills, Samuel Livermore, Esq; Nathanael Russell, Esq; The Hon. Chambers Russell Esq; Benjamin Reed, Esq; Capt. Moses Marsh, Israel Williams, Esq; Elijah Williams, Esq; Mr. Eldad Taylor, Mr. Daniel Kellogg, Mr. David Wilder, Mr. Jabez Upham, John Murray, Esq; Mr. Daniel Greenwood, John Whitcomb, Esq; Timothy Ruggles Esq; Mr. Samuel Read, Mr. Francis Whipple, Thomas Foster, Esq, Thomas Clap Esq; John Little, Esq; Daniel Howard Esq; Mr. Israel Turner, Mr. Isaac Bonney, Mr. Eben­ezer Sproutt, Mr. Elisha Barrow, James Otis, Esq; Roland Cotton, Esq; John Freeman, Esq; Mr. Jonathan Barney, Capt. Aaron Kinsley, Capt. Nathanael Sole, Mr. Benjamin Day, Mr. [Page 6] Daniel Williams, Mr. Thomas Morey, Edward Milliken, Esq; Abishai Folger, Esq;

NAYS.

Mr. John Tyng, James Bowdoin, Esq; Mr. William Cooper, Mr. Samuel Heath, The Hon. John Quincy, Esq; Mr. James Humphry, Mr. Jacob Cushing, Mr. Ephraim Chenery, Mr. William Bowdoin, Mr. Daniel Staniford, Mr. Thomas Barnard, Capt. Benjamin New­hall, Mr. Abraham Morrell, Mr. John Temple, Mr. Samuel Witt, Mr. Abraham Bigelow, Mr. Stephen Hall, Jun. Thomas Steele, Esq; Mr. John Heywood, Mr. Phinehas Heywood, Mr. Phinehas Lovett, Mr. John Brewster, Nathanael Stone Esq; Mr. John Bradbury, Nath Sparhawk, Esq; Mr. William Gerresh, Mr. John Winn, Charles Fr [...]st, Esq; Mr. Samuel Hill.

Ordered, That Mr. Trowbridge, Mr. Gridley, and Col. Otis, be a Committee for the Purposes mention­ed in the foregoing Report.

Jovis 19. Die Februarii, A. D. 1756.

It being represented to the House that it will be neces­sary to furnish their Committee appointed to defend Mr. Speaker, and the Messenger of the late House, in the Actions brought against them by Daniel Fowle and Royall Tyler; and there being at this Time a very full House, it was Resolved to proceed immediately to consider the said Affair, and make an Allowance for that Purpose accordingly: And thereupon,

Voted, That there be allowed and paid out of the public Treasury of this Province the Sum of One Thousand Pounds Sterl. to Edmund Trowbridge, Jeremy Gridley, and James Otis, Esqrs; the Committee ap­pointed by this House the 11th Day of June last to attend and take Care of the Defence of THOMAS HUBBARD, Esq; Speaker of the last House of Re­presentatives. William Baker their Messenger, and Alexander Young, the Keeper of the Prison, in the [Page 7] Actions brought against them by Daniel Fowle, and against the said William Baker by Royall Tyler, to en­able the said Committee to defend said Actions to a final Judgment and Execution, the said Committee to draw out the said Sum as there shall be Occasion, and to be accountable. Sent up for Concurrence.

Veneris 20. Die Februarii, A. D. 1756.

William Brattle, Esq; brought down the Vote of the House for granting £. 1000 Sterling to a Com­mittee of the House appointed to defend Mr. Speaker &c. in the Actions against them, now depending. Pass'd in Council, viz. In Council Febr. 20th 1756. Read and concur'd with the Amendments at A, B, C, & D. Sent down for Concurrence.

Read and unanimously non-concur'd; and the House adhere to their own Vote.

Sent up for Concurrence.

On a Motion made and seconded by divers Mem­bers,

Ordered, That Col. Otis, Mr. Gridley, Judge Rus­sell, James Bowdoin, Esq; and Col. Cotton, be a Com­mittee to prepare the Draught of a Message to the honourable Board, Remonstrating against their Pro­ceedings in altering and amending the Votes of the House respecting Grants of Money, and report thereon.

Sabbati 21. Die Februarii, A. D. 1756.

The Committee to prepare the Draught of a Mes­sage to the honourable Board, Remonstrating against their altering Grants made by the House, reporting the following Message, viz.

[Page 8] The House of Representatives in the Grant Yester­day made to a Committee of the House, to defend the Priviledges of the Representative Body of this Province, sensible of the Attempt made against the Right of the People of this Government in the Au­thority of their Representative Body, to commit for a Contempt to them, voted a Sum of Money for the Defence of this fundamental Priviledge, and sent this Vote to the honourable Board to be concurred or non-concurred, neither of which they did, but were pleased to send it back with Alterations. Whereupon the House declare it to be their clear Opinion, that the Grant of any Money by this Court to be raised by the People, must not only originate with the House, in Consequence of their representing the People, but that such Grant cannot, in Consequence of this their singular Right, be any Way subject to the Alteration of any other Branch of the Government; and that the Amendment made Yesterday by the Board in the said Grant, is a Violation of the Priviledge of the House, upon a Vote made for the Support of their Priviledges; which they are determined thoroughly to defend and maintain against all Attempts and En­croachments whatsoever.

Read and accepted, and Voted, That the foregoing Message be sent to the honourable Board.

And Ordered, That Col. Quincy, Mr. Tyng, Mr. Spar­hawk, Mr. Vassall, Nath. Russell, Esq; Col. Ruggles, Col. Clap, Capt. Livermore, and Col. Murray, be a Committee to carry up the same.

John Chandler, Esq; brought down a Message from the honourable Board; which he read and laid on the Table, and then withdrew.

[Page 9] The said Message is as follows, viz.

The Board have no Inclination to engage in a Con­troversy with the honourable House on any Point whatsoever, at a Juncture when Affairs of such vast Importance are depending, and although the Board have been in the constant Practice of lessening Grants made by the honourable House, ever since the Char­ter, yet they do not design to enter into any Dispute on this Point at this Time: Before the Message from the honourable House of this Day, the Board had absolutely non-concur'd the Vote of the honourable House, which had first been amended by the Board, but upon a Non Concurrence of the honourable House, was again sent up to the Board.

The Board are desirous of keeping up the Har­mony that has subsisted between the several Branches of the Legislature, and are neither for extending their own Priviledges nor abridging the Priviledges of the honourable House, and are willing to come into any Expedient, that may preserve the Rights of each House.

The Board would have no Exception to a Vote, effectually securing the Payment out of the publick Treasury, of every reasonable Expence, that may at­tend or be the Consequence of the Actions referred to: but they apprehend that many Inconveniences may arise from the granting any determinate large Sum for this Purpose, and that all the Ends proposed by the Vote of the honourable House may be fully answered without it.

The said Message was read again.

The Message from the honourable Board of this Day was read again; and after some Debate thereon, [Page 10] Ordered, That the same be committed to the Com­mittee appointed to prepare a Message to the hon­ourable Board, Remonstrating against their altering Grants of Money made by the House, to prepare the Draught of a proper Answer thereto.

Lunae 23. Die Februarii, A. D. 1756.

The Committee appointed to prepare the Draught of an Answer to the Message of the honourable Board of the 21st Instant, reported thereon. Which was read and accepted, and

Voted, That the following Message be sent to the honourable Board, viz.

It was not with any Disposition to Controversy, the House sent their Message on Saturday last to the honourable Board, but entirely from a Perswasion that it is no more in the Power of the honourable Board to lessen a Sum of Money granted by the House, than to make a Grant or augment the Sum; and al­tho' the honourable Board have said they have been in the constant Practice of lessening Grants made by the House, ever since the Charter, the House consider this as a sudden Assertion, and impossible to be proved.

The House are very sensible of the Importance of the Affairs now depending in this Court, and are de­sirous that the Harmony which has hitherto subsisted between the several Branches of the Legislature may continue; they are at the same Time sensible of the Attempt made abroad against a Priviledge, without which the House cannot subsist, and conceive it to be their Duty to take Care of their own Being, for the Sake of that Harmony which is necessary for the public Weal at this Juncture.

[Page 11] The House have considered the Conveniencies and Inconveniencies of the Grant of Money, which they made to their Committee on Thursday last, to in­demnify the Speaker of the last House, against the Actions brought against him, and those who acted by Virtue of his Warrant, issued by Order of that House; and to secure this and all future Houses from any petulent, seditious Contempts, were then as well as are now clearly of Opinion, that their Power of committing for these Contempts, is of the greatest Importance to them; and that the Grant as made is most convenient, and best adapted to answer the Pur­poses of it; and should be glad the honourable Board would enter again into the most extensive Considera­tion of the Advantages and disadvantages of it.

Ordered, That Major Hawley, Mr. Payne, and Nath. Russell, Esq; be a Committee to carry up the foregoing Message to the honourable Board.

Ordered, That Col. Cotton go up with a Message to the honourable Board to enquire, whether they have (in Consequence of the Message from the House) pass'd upon their Vote for granting a £. 1000 Ster­ling to their Committee appointed to defend the Speaker and others, in the Actions brought against them.

Who returned that he had delivered the Message. Thomas Hutchinson, Esq; came down with a Mes­sage from the honourable Board to acquaint the House, that at their Desire they had reconsidered the said Vote for granting £. 1000 Sterling to the Com­mittee of the honourable House; and after a full Deliberation, had again non-concur'd thereon.

Ordered, That Col. Olis, Mr. Gridley, and Judge [Page 12] Russell, be a Committee to prepare the Draught of a proper Vote for a Grant of a Sum of Money to de­fend the Speaker &c. of the last House of Represen­tatives against the Suits brought against them, and report thereon.

The Committee appointed to prepare a Vote re­specting a Sum of Money to be allowed for the De­fence of the Speaker &c. of the last House of Repre­sentatives, reported the following Vote; which was read and accepted.

Voted, That THOMAS HUBBARD, Esq; Speaker of the last House of Representatives, William Baker their Messenger, and Alex. Young, the Keeper of the Prison, be saved free and harmless from all Charges, in defending the Action brought against them by Daniel Fowle, and that said William Baker likewise be indemnified of all Charges in the Action brought a­gainst him by Royall Tyler; in both which Actions the Priviledges of the House of Representatives are in Issue; and that a Sum not exceeding One Thousand Pounds Sterling be allowed and paid out of the public Treasury, to Edmund Trowbridge, Jeremy Gridley, and James Otis, Esqrs; the Committee appointed by this House the 11th of June last, to attend and take Care of their Defence, to enable the said Committee to de­fend said Actions to final Judgments and Executions; the said Committee to draw out any Part of said Sum as they shall find Occasion, by Warrant from the Governour and Council; and to be accountable.

Sent up for Concurrence.

Martis 24. Die Februarii, A. D. 1756.

Ordered, That Mr. Cooper go up with a Message [Page 13] to the honourable Board to enquire, whether they have passed on the Vote of the House for supplying their Committee with Money to defend the Speaker and others, in the Actions brought against them.

Who returned, that he had delivered the Message.

William Brattle, Esq; came down with a Message from the honourable Board to acquaint the House, that they have not passed on their Vote granting a Sum of Money to their Committee, for the Defence of the Speaker and others.

Ordered, That Capt. Epes go up with a Message to the honourable Board to enquire, whether they have pass'd on the Vote of the House granting a Sum of Money for the Defence of the Speaker &c. of the last House of Representatives?

Who returned, that he had delivered the Message, and was informed, that they had non-concur'd the said Vote.

Jovis 26. Die Februarii, A. D. 1756.

On a Motion made and seconded, Ordered, That Mr. Trowbridge, Judge Russell, and Mr Cooper, be a Committee to prepare the Draught of a Vote for sav­ing harmless the Speaker &c. of the last House of Representatives, in the Actions lately brought against them, and now depending in the Law; and report thereon.

The Committee appointed to prepare the Draught of a Vote for Defence of the Speaker, &c. reported the following Vote, which was read and accepted, viz.

Whereas THOMAS HUBBARD, Esq; William Baker, and Alexander Young, have been impleaded by Daniel Fowle, and the said William Baker has been impleaded [Page 14] by Royall Tyler, for their Doings by Order of the last House of Representatives, and the Actions are still pend­ing in the Law; and whereas the Rights and Priviledges of the House of Representatives of this Province are in and by these Actions called in Question:

It is therefore,

Ordered, That the said THOMAS HUBBARD, Esq; William Baker, and Alex Young, be, at the Charge of this Province, defended in the Actions aforesaid, throughout the Course of the Law, and indemnified; and that Edmund Trowbridge, James Otis, and Jeremy Gridley, Esqrs; a Committee heretofore appointed by this House, to attend and take Care of the Defence of the Actions aforesaid, be from Time to Time paid out of the public Treasury such Sums of Money as shall be sufficient to enable them properly to defend those Actions in this Province; and in Case of an Appeal to his Majesty in Council, or that the Actions aforesaid should be otherwise carried Home, that the said THOMAS HUBBARD, Esq; William Baker, and Alexander Young, be there defended in the Actions aforesaid, at the public Charge by the Agent of this Province. Sent up for Concurrence.