The Massachusetts spy, or, Thomas's Boston journal. [volume], March 03, 1774, Image 1

About The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775

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A Weekly, Political, and Commercial Paper Open to all Parties, but Influenced by None
‘DO thou Great LIBERTY inspire our Souls,—And make our Lives in thy Pofleflion happy. Or, our in thy just Defence.
Vol. IV.]
Ml
Province of Massachusetts-Bay.
ARTICLES of Impeachment of High
Crimes and Mifdemeanours against P E
TER OLIVER, Esq; Chief Jus
tice of the Superior Court of Judicature,
Court of Assize and General Goal De
livery over this Province, by the House
of REPRESENTATIVES,in General
Court afl'embled, in their own Name,
and in the Name of all the Inhabitants of
this Province, February 24, 1774.
WHEREAS their late Majeities King
William and Queen Mary of glo
rious memory, from their great regard to
the Engliih constitution, and earnest de
sire to eitabliih the fame in this his Majes
ty’s province, did by their charter made
and granted in the third year of their reign,
eftablilh and ordain, that all and every of
the fubjedts of them their heirs and fuc
ceflors, which should come to, and inhabit
within this province and territory, and eve
* ry of their children which should happen
to be born there, or on the seas in coming
hither or returning from hence, should have
and enjoy all liberties and immunities of
free and natural fubjedts within any of the
dominions of them their heirs and succes
sors, to all intents conftrudtions and pur
poses whatever, as if they and every of them
were born within the realm of England.
And in the said charter it is further
granted and ordained, that the Great and
General Court or Aflembly of the province,
which is before cftablilhcd in the fame char
ter, Ihall forever have full power and au
fbonty to erect and constitute judicatories
and courts of record, or other courts, for
the hearing, trying and determining of all
manner of crime.*, &c.
And the laid General Court or Aflembly
hath by the fame charter, full power- and
authority to impose and levy proportiona
ble and reasonable afleflments, rates and
taxes, upon the estates and persons of all
and every the proprietors and inhabitants
©f the province, for his Majesty’s service
in the necessary defence and support of his j
Majesty’s government of the province, and
the protedtion and preservation of the inha
bitants thereof : To the intent that the in
habitants of this his Majesty’s province
might always have and enjoy chat eflential 1
privilege.pt the Engliih constitution, cf
Supporting the executive and judicial offi
<urs-in the government of this province by
the’Frbe grants of the people.
And whereas the Great and General i
Court or Aflembly of this province, in
purfuanoe of the power and authority grant
' ed as aforefaid, and of the good intention
thereof, have uninterruptedly and exclusive
ly from the granting of the said charter,
made provision by their own grants for
the support of his Majesty’s laid Superior
Court : But many evil-minded persons,
not regarding the laid charter nor the good
intentions of the Lune, have of late years
combined and conspired together, to put
divers conftrudbont. on the said charter,
wholly inconsistent with the aforefaid ma
nifeft intent and purpose of the fame, and
deftrudtive of Engliih liberties; and to in
troduce aud eftablilh another form of go
vernment, and a new mode of fupporung
. the executive and judicial officers of the go
vernment. For which intent they did by
falfe representations, procure to be made
and pafled by die parliament of Great-Bri
tain, an ad lor the eftabliihment of a reve
nue to be levied in America, and appropria
ted among other things for the defraying
of the charges of the administration of jus
tice in such colonies where his Majesty
should judge proper ; and also by talic
representations and evil advice, have pro
cured the royal grant of huge turns of mo
ney, to be paid annually out of the laid re
venue, to the Justices of the laid Superior
Court; by theeftabliihment of which the
Or, Thomas’s Boston Journal.
THURSDAY, March 3, 1774.
said Justices of the said Superior Court'
would be aliened from any connedtion with
the people of this province, for whose be
nefit they are and ought to be appointed)
and would be indebted to his Majesty for
his grants made to them for their services ;
and by means thereof become fubiedt to
the influence and direction of his Majesty’s
minsters of state, in matters appertaining
to the distribution ofjufticein this province;
whereby a foundation will be laid of a uni
on of the department of the judicial powers
here, with that of the King’s ministers of
state in Great-Britain, than which nothing
is more to be dreaded by a free people.
And whereas Peter Oliver, Esq; chief
Justice of the Superior Court of Judicature,
Court of Assize and General Goal Delivery
over this Province, a court wholly eredted
and constituted by the Great and General
Court or Aflembly by a power granted to
the said General Court by the clause in said
charter aforementioned, well knowing the
premises but not regarding the fame, with
design to subvert the constitution of this
province as cftablilhed by the said royal
charter, and to introduce into the said Court
a partial arbitrary and corrupt administrati
on of justice, declining to take and receive
any more the grants of the General Aflem
bly of this province, did on or about the
tenth day of Januanr, 1774, at Boston, in
the county of Suffolk, take and receive,and
resolve for the future to take and receive
from his Majesty’s ministers and servants, a
grant or salary for his services as chief juf- |
tice of the said superior court, against his j
own knowledge of the said charter, and of j
the way and manner prescribed therein for 1
the support of his Majesty’s government in j
the province, and contrary to uninterrup- J
ted and approved usage and custom ftnee 1
theere&ihg and constituting of the said '
court. And the said Peter Oliver, Esq;
continues in the said resolution so to do, '
against the opinion and conduct of the
other judges of the said court, each of j
whom has declared refpedting himfclf, his
resolution to the contrary. And whereas
the unmerited sum of four hundred pounds
sterling granted by his Majesty and annual
ly to be paid to the said Peter Oliver, Esq;
for his services as chief jufticc of the said
superior court, together with the hopes of i
its augmentation, if he is ft ill fuffered to i
continue in his said office, cannot fail to have
the effedt of a continual bribe in his judici
al proceedings, and expose him to a viola
tion of his oath. And by his accepting
and receiving the said sum, he hath betrayed
the corruption and baseness of his heart,
and tiie sordid lust of coveteoufnefs : In
breach of hu engagements to rely solely
upon the grants of the general aifembly,
neceflanly implied and involved in his ac
cepting said office.—
And the said Peter Oliver, Esq; by his
taking and receiving the. laid grant out of
the revenue unjustly levied and extorted
from the inhabitants of the American colo
lonies, hath as far forth as lay in his power,
put a fandtion on and established the said
revenue, which is a most deftrudtive infrac
tion of the constitution of this province,
and a violation of the natural and most es
-1 fential rights of the people,—the exclusive
right of giving, granting and appropriating
their own property, and of judging of the
merits of their own lervants. And hath
counteracted the reaibnable petitions of the
representatives of the people to his Majesty
and other their constitutional endeavours to
obtain the redress of this grievance.
And the said Peter Oliver, Esq; by his
conduct as aforefaid, in defiance and con
tempt of the known lenfe of the body of
this people, exprefly and repeatedly declared
and pubhihed by their representatives and
otherwise, hath wickedly and perversely
endeavoured to contmuj and increafc the
difeontent and jcaloufies of this people,
and the grievance aforementioned, at a
time when there is ground to hope that his
Majesty, if not otherwise determined by
the laid conduit of thefaid Peter Oliver,
Esq; and the continued falfe representati
ons of others, will be graciously pleased to
revoke said grant, and order a full redress.
And the laid Peter Oliver, Esq; did on
the eighth day of February instant, di
rect and cause to be delivered to this House
a writing under his own hand, dated Mid
dleborough, February 3, 1774 ; the tenor
of which writing is in the word and fi
gures following, viz.
“ To the Honourable the House of Repre
sentatives, in General Court convened
February 1774..
“ May it please your Honours,
“ON thefecond infant 1 received the Re
solves of the Honourable House of the firjl infant,
requiring me to declare whether 1 had received in
full of the grant j of the General Assembly made to
me the last year, and to declare explicitly whether I
would for the future accept the Grants of the Ge
neral assembly of tbit province at a fujlice of the
Superior Court, without accepting any grant from
the Crown for my jervice at a fuftice of Jaid
Court. Permit me, May it please your Honours !
to state the circumftancet of my case, as a fujiue
of the Superior Court.
** In the year 1756 1 was appointed at a Juftict
of that Court, and accepted the office contrary to
my own inclination, but by the perfwafidn of ven
\ tUmen who were then members of the General As
sembly. in thit office I have continued for above
feventeenyears ; and I hope your Honours will ex
cu/e me if I fay, that I wat never yet conscious
that I had ever been guilty of any violations of
the laws of my country in a judicial capacity, but
have always endeavoured to ait with that fidelity
required in so important a char utter ; and with
thit sentiment I doubt not of ever cons ding myfelf
in the approbation of my own mind.
“ During these feventeenyears 1 have annually felt
the great inconveniences of serving in my judicial
office, by fuffering in my private bufmefs, and not
having a Jalary which would any way support my
family, which wat large, and I cannot charge
myfelf with ary degree of extravagance tn the Jup
port of it : And 1 wift> 1 may not have been too
parjimoniout for the dignity of the province, in my
judicial character.
“ May it please your Honours,
“ 1 can with the ftriiteft truth affcrt,that I have
fuffcred, Jince I have been upon the flench of the
Superior Court,in the loft of my bufinft and not hav
ing Jufficient to maintain myfamilyfrom my /ala
rm, above ! HREE THOUSAND POUNDS
STERLING !!! I have repeatedly thrown my
Jelf onfarmer affembliet for relief, but never have
obtained any redraft: 1 have repeatedly attempted
to reftgn my office, but have been difwaded from
by rejpeilable gentlemen of former affrmblies,
who encouraged me with hopes of a support, but
I never received any relief in that way.
“ H'hen his I/lajtJly, of bis great goednefs and
favour granted me a jalary (at he did to several
others on the continent in my station) it was with
out ary application of mine ; aud when it was
granted, I thought it ry incumbent duty,from the
rejped and gratitude which I owed to bis Majesty ; ’
b rmn ajenje of that fidelity which 1 owed to my
country by being enabled to dijebarge the duty of
my Office in being less embarrafted in my mind
whilst in the execution of it, and being more at
liberty to qualify myfelffor the duties of it in va
cation time : As alfofrom a principle of justice due
to my family and to others : On the/e accounts, and
notf rom any avaritious views, 1 was obliged to
take bis Majefly's grantfrom the of"july 1772,
to of January 1774, and have taken the grant
of she province only unlil/uly
“ Jbefe conftderations, may it please your Ho
nours/ urged me to take bu Majesty’s grant ;
and I cannot but hope that the candour of the ho
nourable house of reprejentatives will excuse me in
Jo doing, as what proceeded from neccffity and not
avarice or the least dis regard to the Jcntintents of
the honourable house.
“ May it please your Honours ?
“ With ref peel to my not taking any future
grant from bu Majesty ; permit me to fay, that
without his Majefiy s leave I dare not refufe it,
left I jboud incur a eenfure from the heft of fo~
vereignt. And as the tenor of the grant it during
my refideuce in the province as chis justice, 1
[Numb. 161.
receive it as during good behaviour, which in my
opinion prejerves me from any undue lias in the ex
ecution of my office.
“lam with the most profound refpeft
For the Honourable Houie of Representatives,
Their most obedient humble servant,
PETER OLIVER.
u Middleborough, Feb. 3, 1774.”
In which writing the said Peter Oliver,
Esq; hath ungratefully, ialfly and mali
ciously laboured to lay imputation and
scandal upon this his Majesty’s government,
insolently and contcmptuoully iniinuating
that by the parsimony, injufticeand in /ra
titudc of the said government, in With hold
ing from him an adequate and ducicwaid
for his services sa a jufticc ofthe fiiidfuj/erir r
court, he hath been greatly impoverished)
and that therefore he was obliged to take
his Majesty’s grant from a principle of jus
tice due to his family and others. Where
as in faift, the rewards granted to him by
this government, were always fully equal
to the merit of his Cervices as a justice of
the said court ; as it is well known that
the said Peter Oliver, Esq; before his ad
vancement to a feat in the superior court,
had been usually employed in the business
of trader hulbandry, and manufactures, to
which he had applied his mind. And that
he was appointed to said office without previ
ous education and tegular study in the law.
And the said Peter Oliver, Esq; by his
condud as aforefliid, hath misrepresented
and traduced this government, and endea
voured to alienate the hearts of his Majes
ty’s liege people of this province from his
Majesty, and let a division between them,
to introduce into said court a partial arid
corrupt administration of justice, destroy the
present form of government in this pro
vince, and eftabhlh an arbitrary and tyran
nical government in its stead.
Wherefore this house of representatives,
in their 6wn name, and in the name of all
the inhabitants of this province, DO IM
PEACH the said PETER OLIVER,
Esq; of.the high crimes and mifdemeanofs
aforefaid. And saving to themfclves by pro
testation the' liberty of exhibiting at any
time hereafter, to “the Governor and Coun
cil, or to the Council only, any complaints
or allegations against the said Peter Oliver,
Esq; for any incompetency, incapacity, or
disability for the execution of his high office ;
or any other accusation or impeachment
against the said Peter Oliver, Esq; for any
other crimes and mifdemeanours by him
done and committed. Also of replying t©
the answer which the said Peter Oliver,
Esq; (hall make to the said articles, or any
of them ; and of offering proof of the pre
mises, or any of their impeachments, ac
cusations and complaints that Ihall be ex
hibited by them, as the case Ihall require.
They pray that the said Peter Oliver, Esq;
Chief Jufticc of the Superior Court ©fju
dicature, Court of Aflize and General Goal
Delivery over this whole province, may be
put to answer to all and every of the pre
mises ; and that such proceedings, exami
nations, trials and judgments may be had
and ordered thereon, as may be agreeable
to law and justice.
VELVET CORKS.
* Choice VELVET CORKS,
By the Quantity ar Eagle Croce,
To be SOLD by
SAMUEL ELIOT,
At hit Shop near the Head of Dock-Square,
Just above the Market.
ALSO,
AC £NE R A L AfTortment of E N-
GL IS H and INDIA GOODS; with • fiae
AHortment of IRISH LINENS.
' * " la bOUL!) 0. ' "■*'
CHARLES LOWE,
’n Marika oppoiite to the Bortoa-'Vne,
CTOCIE CHESHIRE and N£W-
-XGLANB CHEtih.