The Connecticut courant — Hartford, Conn., 1774-02-22 00:00:00, page 2

aadmoS indefatig^ly cs’kfttd every original
account of thafc tncfsA oa*, that he thought
might help his fields, the proprietaries of Pern,
fyitanta. Tb s pamph ct (hill fay nothing of,
bi it is before the pub ic, nod obfcrwioEt on
it will a!fb Goa be (aid before them 1
The General A/TimSly havi. g, st their ses
sions ia October, refelvcd, that the land* on the
SaOpcbanna river, within the limits cf this co
lony, were a'fj within its proper jurifdi& on,
di 3at their a j u nment, proceed to appoint
authority, for the inhabitants eo the weft bratch
of Lid river, and form them into a town &c as
has been repeatedly mecdoucd ia the papen—.
aifo directed their commit te, to proceed in pre
paring and trsnfeillin 2 the ceceffuy copies, &c
to our agent, at the court ©f Great Britain.—
This is a brief state of this contro«erfy, to the
present stage &f it —On which thtfc CjUeftions
obnoufly rife, First, Will Conns fticut. on the
whu'e, be likely to obtain these lands, on a
625! decihbn of thedifpntc ? and, Secondly, Is
it for the iatertft of the colony, to own those
lands, or have any thing to do’ with them ? The
firft qlAEun is beyond ctfr power to refo^c,
with abfo'ute certainty, as it is determinab’c
• a y at the court of Great Britain, the prnbabi
hty of it every oos mull estimate accordisg at
he unprejudicedly examines into the merits and
the credit he gives the mJI cmioeat council io
the aaliao —But the firft ij of no importance,
if on confiderirg the latter, it is found that it is
not for the inters ft of the co oay . to own those
lands, or hare any concern wi h them. By the
late treaty of peace, t e cast kanks of the Miffi
lippi, arc the weftero boundaries of the British
domia oar, in Americas. In rer.n^ng cur ncr
them line, we dull undoubtedly ft ike the eift
cod of lake Erie, tnd pass through it eac!ud>og
about one third of fai l lake in this co'ony. and
also those o her waters communicating w.th the
northwrflerly lakes, or inland Gas, and will
(Like tht MUfippi, nor h of the Carrying place,
used by the French and Indians when in paffisg
from Montreal toN.w Ore.os they msde what
was called the tou- of the great L-kes; whxb
carrying place is (hort, and the communication
eaiy ; the inhabrsnrs of which place, will base
water to transport the r cfT.db, either down the
Miffiippi, or caftwird through the kkes ; r.ot
to mention a communication well ward probably,
with a few mi es Ltd carriage quite to the
south lea ; for the Missouri, which is (aid to be
navigable far weftw:rd c r.n four or sic hun
dred milei, joins the Miftfippi io cur latitude —
the northern line, in this direction is prooably
seven dr eight hundred miles weft of the weft
boundary of New York provir.es : the trafi of
land enc cded within ou charter wrft of New
York, mud be about eight hundred miles in
length and near seventy tn breadth, on this fide
the Miffilippi; not to be particular in the accctiot
of it, I (halt only fy, that vravelltrv egrec in
giving H the highlit character for ftruliiy of
foil evidenced by the luxuriance if ns natural
growth for eafi,cfr of c imate, (for ri is a fa&,
that tbs win ers moderate in the fame p. trallcl
of latitude as wc proceed westward, cn this
coutir.to l ) and is (upcrior cunveriesces fur
water carriage is evident on the Gift g arcc o
ver a map — The naives are few and dirni
n'fhing by I ift degrees, and dffireus cf felling
faiier chan it is ptfhh.'c for the inhabitants of
Co; n fticut to putchafc and peop’t. The
lauds on tic w flern branch of tke Sufquehsn
na, are now lo d from twenty (h ldings to five
pounds the *cre, Phi ade’phia currency in their
unimproved state ; and Mt Penn fells his poor
est wdd land it is hid. for 6fteeu pounds the
hundred acres b.fides she quit r .nts, and char
ges, with which they are enctissbtred I pre
lira: I sh di not be charged with exaggerating
either the quantity or q ia‘ity of ihcfc lands nor
their coovcoieot fi ua ion, by the great inland
waters, superior ia every refpe&, to arytraft
io North America, of equal extent east and weft
—for without being li-.b eto any cf the dan
gers, from a fee coast, it may er j y all the
merchmdize with but little exaggeration of
cost ; and, io time, if as favorable a communica
tion cootiooes westward, 00 hkts and rivers,
may. and mult be the center of commerce be
tween the weftero and f>u hern ocean*-- Ij
this ceuntry, which *he Laie indu'geDt prori
deoce that led and fupperted cur puma prede
sc(Tjri ia this colony, wc now puftefi, wheo a
defart, infp’r’d them with the dtfiga of fecur
ingfor us, worth otar having, or not ?—cn cb
jefl so contemp.iblc at to be unworthy our fe
rieus attentioo, or a trivial cxpcnce es time and
money ? Let the fubjtfl have the confidcration
it deserves, befote an answer is given ; and then,
I doubt not, if any one daicrmincs agaiaft hold
ing these lands, he will be able to give rtafons,
as convincing to others, as himfclf.
The Houfc would further represent to yonr
Fxceliency aod Honors, that the Gid Peter Oli
ver, E<q, hath received (be Lid Sa’ary and Rc
w*rd out of the Revenue unjustly and nexooßi
tutiocally levied and extfened from the Irhabi
tacts of the American Colonics ; and that he
hath aiJkd and done io M nner as aforifaid a
g>inft die known Seofe of the Bady cf the Peo
ple of (his Province moll fol : y and cxp><.fly Ce
clartd ic thj fevera! Refo aliens of dherr Heu
Iti of Reprefeotativcs and- otherwise.
And it is the Opinion cf this Houfc, that the
said Pe<er O’ivcr, Esq,- bath by bis Con Jud as
aforefaid, perversely and corruptly docc that
which hath an obvious and diredi Tendency to
the PervnGsn of Law and Juflice in (he said
Superior Court : That Le hath (hereby proved
himfelf an Enemy to the Confthution cf (his
Povince ; and h«s placed himfclf under an un
du- Bias, dctsched hicofelf totally from bis Con
n dl.cn with tbit People and loft their Confi
dence, A»d that he hath 1 entered himfelf al
together di qualified any lunger to hold and adl
in the office oGjofticc of the Gid fuperiot court:
Whsreforh it is the Prayer cf tkc Repre
sentative Body of the People cf this Province,
That your Excellency and Honours would be
pleated t o Orsier that the laid Peter Oliver, Esq;
be not fufLred any longer to fit and adt is his
o'l cecf Chief Judice, and that he be Gtih
with and without Delay removed frori faidCourt.
Ia ths Name and by Order of the Houfc,
T. CushimG; Speaker,
On Saturday February 12th, the Secretary of
the Province was direSed by the Houfc cf Re
prefcotatives, without Delay, to deliver to his
Excellency the Governor the following Rcicon
ftraocc and Petition for the Reaoval of Ptttr
0/ivtr, £(q; from the Superior Court ; agreea
ble to their Resolve of the nih, which was
icßrted io our last. viz.
Province of the Mass achusetts Bay.
Y? Hit Excelltncy the Governor ana Ctuncil.
THE Houfc of Rrprefenta ires of this his
Mijcfty’s Province beg leave to remoa-
Rrstc to your Excellency and Hoeors. That
the Hon. Peter Oliver, Esq; the Chief Joftice
of the Superior Court of Judicature, Court of
AfEze and General Goal Delivery over the Pro
vince, a Court wholly erefled and constituted
by the Great and General Court or Aflcmbly
by a Power granted to the said General Court
by the Royal Charter, declining any mere to
take and receive the Grants of the said Genera!
Aftembly for hi Services as Chief Judice of the
slid Superior Ciurt : Lath accepted, taken and
received a Sa ary and Regard granted to him
by his Majrfty for hu services as aforefaid, ficm
the 5 h Day of Jtry 1772, to the y-h Day of
Jsnuary 1774 : Aud that the f-id Peter Oliver,
E s q; Chi t Judice of fsid Superior Court hah
plain y given this Houfs to underftaod by a
Writing under hit Hand, his Refolutioo for tbc
future to accept the Salary and Reward for his
Services as aforefaid, which he affirms is grafted
to him by his Majesty during bis R.fideccc in
the Province al Chief Juflice of Gid Superior
CjUh. N;w this Houle humbly conceive, that
if hrs Majesty had not been mifrej referred by
hit MioiOcrs and Connectors touching the Way
und Man ncr prefcrihed by the Royal Chsr tr
ft-r the Support cl his Government in this Pro
vince he wou d not have ordered such fa ary
ano Reward to be made to the Gid P-tcr Oli
ver, Efq;— NevenhekG he th; Gid Peter Oli
ver Esq; from his mun KouvGcdge of the Char
ter and Csoftiturion of me Province mod have
been assured that by accep iogand receiving the
fame and resolving to contit uc so to do, he hath
therein done and rcfslvsd t® do, contrary to the
Usage and Cufte w of the Judices of the said
Superior Court, fincc ths erefling of Lid Court
invariably used and approved ; eantrary to the
plain benie and Meaning of the said Ch.ttcr
and against the known Conflitutioa of this
Province
BOSTON, February 31.
Considering that fame Expressions in your Re
mon>lrance carry anti her Ajpedi it may be ne
cejjarytoobfervetoyou that the Council, except'
•when they a e corjidcred in their Legifiative Ca
pacity, or as a Court for the Probate of IHlh
and granting Adniiniftration and for determin
ing Caufeof Marriage and Diva ce. are by the
Constitution to be aavtfsng ana assisting to the Go
vernor and co n't make one Court or Judiciary
B y with th/ Governcr ; but the Governcr is
confifiered as an integral Part and has Authori
ty from time to time al his Dtjcretion to affemb'c
and calf the Council together. Any thing in
yur Remcnftrante which has a contrary AjpeSl
vs y hive priceededfrom Jnaavertenee
There are - her Parts of your Renionftrance'
•which aptsear to me very exceptional?.e but I
ctufe to evAd aH Controvtrfy •with you except it
fhsll be my inaijpehfb e Duty
1 think it proper to acquaint you that bis Ma
j-fly having been p’eafed io direst Warrants to bd
prepa-ed Jor the payment of Salaries ti tie Chief
Juflice and to the other Justices of the Superior
Curt, £ received a, Governor of the Province,
the earti’ft Notice of this Declaration of his Ma
jesty s Pieafure, tr t order as I conceive that st
far as might appertain It me, I Jhoufl conform
thereto.
If Ifbo Id comply with your Request er tike
ary Steps in order to the Removal of the Chief
Jufiite from his Place, meerly for receiving
•what ts thus granted him by the King 1 should
make mjefl ebirgeab e with cou^terafting his
Majefiy and endeavouring to defeat hit Reyal
Intent lent express !y Jignified to me, with a Con
tempt of his Royal Awharity. and with a Breach
of. the Trust repofea in me by my Commission, and
Jjhould fear fame Mark «/ his Royal Di/pteafure
1 am therefore in Duty to the King obliged to de
c ine your Rqxeft.
1 wif by the firft Opportunity traitjmil a
Capy of your Remor.ftrance to be laid before the
King, ant 1 JhaU conform to fuchfurther Signi
fication of his Maj e fly's Plea fare as I may here*
after receive T HUTCHINSON.
Province-House, ijthFeb, 1774,
7 uejday AHtmten his Excellency the Governor
•was pletij'ee to fend the following I\l^^ge to
the Honorable Hcu/e of Rtp> efen tat ives, viz.
Gentlemen of the Houfc of Representatives,
THE Secretary has presented to the a writ
ten Paper purporting a Rerponftrance a
gaifi Pcitr Oliver, Ei^, Chief Justice of
the Superior Court, for receiving and for having
declared that he •will continue to receive th/ Sa
lary •which has been granted to him by the Kirg t
and thereupon praying in the IVirds Jolio’wiiig,
“ That your Excellency and Honors nssou.d be
“ pleased to order that tie said Peter O iver,
*• Ejq. be not fuffered any longer to Jit and adi
“ in bis Office of Chief justice. and that he be
“ forthwith end •without Delay removed from
“ said C-urt.” This Remenftras.ee the Speaker
•who has Jigned the Jame in the Name and by Or
der of the Heufe, dire fled the-Secretary to deliver
to me
On Wcdnefday the 16th, the Houfc ordered
the following Mcflage to be carried up to the
Honourable B >ard, by Mr Hancock, Mr. Phil
lips M*jc<r Hawley, Cspt. Greenleaf, and Mr,
Allen of Glouceftcr, viz
May it pieafe the honourable Board,
THE Houfc ofßrprelcntativc begLcave t®
acquaint (he Honourable Board that
Peter Oliver, Esq; Chief Justice of the
Superior C urt of Judicnure over this Province,
declining ary mere to sccept and receive the
Grmts of this AfT nib’y for bis Services as a
Justice ol laid Court,hath contrary to the knows
Confttiuiioo of (he Province, and the invariable
©n Monday fol'owkg the two Hourci
pilled a Resolve for the Adjournment of the
Superior Court from Tucfday the 15 h loftant,
(being the Day cn which it was by Law to be
kolden) 10 a further Day ; it being judged by
the two Hcufrs a together improper that the
Chief Joftice (hould fit and afl under the pie
fejt Circomftances, and uncertain what OpinioG
or Rcfoluiiao hr might have formed on the Mat -
ter. The Resolve was laid before the Gover
nor, but his Excellency declining to give his afk-’
feot thereto, the Superior Court was of Ciur c
Opened fthe Chief Justice being absent) aid
adjourned itself till Tue Gay the 223 Infttof,
which will be To-Morrow.