66. How to Avoid a Governor's Veto (1764)
BY LATE GOVERNOR THOMAS POWNALL
This suggestion is based on the practice of many assemblies. — Bibliography as in No. 53 above.
THE settling and determining this point is of the most essential import to the liberties on one hand, and the subordination on the other, of the government of the colonies to the government of the mother country. — In the examination of this point, it will come under consideration, first, Whether the full and whole of legislature can be any way, in any special case, suspended ; and next, whether the crown, by its instructions, can suspend the effect of this legislature, which by its commission or charters it has given or declared ; if not, the crown, whether the parliament of Great Britain can do it, and how ; whether it should be by act of Parliament, or whether by addressing the crown upon a declarative vote, that it would be pleased to provide by its instructions, for the carrying the effect of such vote into execution, as was done in the case of the paper-money currency.
In the course of examining these matters, will arise to consideration the following very material point. As a principal tie of the subordina tion of the legislatures of the colonies on the government of the mother country, they are bound by their constitutions and charters, to send all their acts of legislature to England, to be confirmed or abrogated by the crown ; but if any of the legislatures should be found to do almost every act of legislature, by votes or orders, even to the repealing the effects of acts, suspending establishments of pay, paying services, doing chancery and other judicatory business : if matters of this sort, done by these votes and orders, never reduced into the form of an act, have their effect without ever being sent home as acts of legislature, or submitted to the allowance or disallowance of the crown : If it should be found that many, or any of the legislatures of the colonies carry the powers of legislature into execution, independent of the crown by this device, — it will be a point to be determined how far, in such cases, the subordination of the legislatures of the colonies to the government of the mother country is maintained or suspended ; — or if, from emergencies arising in these governments, this device is to be admitted, the point, how far such is to be admitted, ought to be determined ; and the validity of these votes and orders, these Senatus Consulta so far declared. For a point
