The Massachusetts spy, or, Thomas's Boston journal (Boston [Mass.]), 1774-06-09 00:00:00

Or y, Poli Great LI V.] eshi... (Left margin text, likely bleed-through from the reverse side of the page)
For the impartial Administration of Jus- tice in the Cases of Persons questioned for any done by them in the Execution of the Law, or the Suppression of Riots and Tumults, in the Province of the Massachusetts-Bay in New- England.
WHEREAS in His Majesty's Province of Massachusetts-Bay, in New-Eng- land, an Attempt hath lately been made to throw off the Authority over the Parliament of Great Britain over the said Province; and an actual and avowed Resistance, by open Force, to the Execution of SOLD... certain Acts of Parliament, hath been suffered to pass uncontrouled and unpunished, in Defi- ance of His Majesty's Authority, and to the utter subversion of all lawful Government:
And whereas, in the present disordered State of the said Province, it is of the utmost Im- portance to the general Welfare thereof, and to the Re-establishment of lawful Authority throughout the same, that neither the Magistrates acting in Support of the Laws, nor any of His Majesty's Subjects aiding and assisting them therein, or in the Suppression of Riots and Tumults, raised in Opposition to the Execution of the Laws and Statutes of this Realm, should be discouraged from the proper Discharge of their Duty, by an Apprehension, that in case of their being ques- tioned for any Acts done therein, they may be liable to be brought to Trial for the same, before Per- sons who do not acknowledge the Validity of the Laws in the Execution whereof, or the Authority of the Magistrate in the Support of whom such Acts had been done:
In order therefore to remove every such Dis- couragement from the Minds of His Majesty's Subjects, and to induce them, upon all proper occasions, to exert themselves in Support of the Publick Peace of the Province, and of the Au- thority of the King and Parliament of Great Britain over the same; Be it enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tempo- ral, and Commons, in this present Parliament assembled, and by the Authority of the same, That if at any Time, within the Space of Years from and after the any Bill or Bills of Indictment shall be found against any Person for Murder, or other capital Offence, in the Province of the Massachusetts Bay, and it shall appear, by Information given upon Oath to the Governor, or in his Absence to the Lieutenant Governor, of the said Province, that the Fact was committed by the Person indicted, while he was either in the Execution of his Duty as a Ma- gistrate, for the Suppression of Riots, or in the Support of the Laws of Revenue, or that he was acting in his Duty as an Officer of Revenue, or acting under the Direction and Order of any Magistrate for the Suppression of Riots, or for the carrying into Effect the Laws of Revenue, or aiding and assisting in any of the Purposes afore- said; and if it shall also appear, to the Satisfaction of the said Governor or Lieutenant Governor re- spectively, that an indifferent Trial cannot be had within the said Province, in that Case it shall and may be lawful for the Governor or Lieutenant Governor to direct, that the Indictment shall be tried in some other of his Majesty's Colonies, or in Great Britain, and for that Purpose to order the Person indicted to be sent under a sufficient Custody to the Place appointed for his Trial; and that there may be no Failure of Justice from the want of Evidence in such Cases, it shall and may be lawful for the Governor, or in his Absence the Lieutenant Governor, to settle and assess a reasonable Sum to be allowed for the Expences of such Witnesses as the Prosecutor, or the Person indicted, shall desire to be summoned; which Sum shall be advanced by the Commissioners of His Majesty's Customs, to the Witness, who, upon the Receipt thereof, shall enter into a Recogni- zance before a Judge of the Superior Court, to appear and give Evidence upon the Trial of such Indictment.
And be it further Enacted, That the Governor, or in his Absence the Lieutenant Governor, if he shall direct the Trial to be had in any other of His Majesty's Colonies, shall transmit the In- dictment, together with the Recognizances of the Witnesses, under the Seal of the Province, to the Governor of such other Colony; who shall im- mediately issue a Commission of Oyer and Ter- miner, and deliver or cause to be delivered the said Indictment, with the said Recognizances, to the Chief Justice, and such other Persons as have usually been Commissioners of Oyer and Terminer there; who shall have Power to proceed upon the said Indictment, as if the same had been found before them, and the Trial shall thereupon
proceed in like Manner, to all Intents and Pur- poses, as if the Offence had been committed in such Place: And in case the Governor, or in his Absence the Lieutenant Governor, shall direct the Trial to be had in Great Britain, he shall then transmit the Indictment, together with the Recog- nizances of the Witnesses, under the Seal of the Province, to one of his Majesty's principal Secre- taries of State, who shall deliver or cause to be delivered the same, to the Master of the Crown Office, and the Indictment shall be tried in the next Term, at the Bar of the Court of King's Bench, in like Manner, to all Intents and Pur- poses, as if the Offence had been committed in the County of Middlesex.
A BILL for the better regulating the Government of the Province of the Massachusetts-Bay.
WHEREAS by Letters Patent under the Great Seal of England, made in the Third Year of the Reign of their late Majesties King William and Queen Mary, for uniting, e- recting, and incorporating, the several Colonies, Territories, and Tracts of Land therein men- tioned, into One real Province, by the Name of their Majesties Province of the Massachusetts-Bay, in New-England, whereby it was amongst other Things ordained and established, That the Go- vernor of the said Province should from thenceforth be appointed and commissioned by their Ma- jesties, their Heirs and Successors, it was however granted and ordained, That from the Expiration of the Term, for, and during which the Eight and Twenty Persons, named in the said Letters Patent, were appointed to be the First Councillors or Assistants to the Governor of the said Province for the Time being, the aforesaid Number of Eight and Twenty Councillors or Assistants should yearly Once every Year, for ever thereafter, be, by the General Court or Assembly, newly chosen:
And whereas the said Method of electing such Councillors or Assistants, to be vested with the se- veral Powers, Authorities, and Privileges therein mentioned, although conformable to the Practice, theretofore used, in such of the Colonies thereby united, in which the Appointment of the respec- tive Governors had been vested in the General Courts, or Assemblies of the said Colonies, hath by repeated Experience been found to be extremely ill adapted to the Plan of Government establish- ed in the Province of the Massachusetts-Bay, by the said Letters Patent hereinbefore recited, and hath been so far from contributing to the Attainment of the good Ends and Purposes thereby intended, and to the promoting of the internal Welfare, Peace, and good Government, or to the Mainte- nance of that just Subordination to, and Confor- mity with, the Laws of Great Britain, that the Manner of exercising the Powers, Authorities, and Privileges, aforesaid, by the Persons so annually elected, hath for some Time past been such as had the most manifest Tendency to obstruct, and in great Measure defeat the Execution of the Laws, to weaken the Attachment of His Majesty's well-disposed Subjects, in the said Province, to His Majesty's Government, and to encourage the ill disposed among them to proceed even to Acts of direct Resistance to, and Defiance of, His Ma- jesty's Authority; and it hath accordingly hap- pened, that an open Resistance to the Execution of the Laws hath actually taken place in the Town of Boston and the Neighbourhood thereof, within the said Province:
And whereas it is, under these Circumstances, become absolutely necessary, in order to the Pre- servation of the Peace and good Order of the said Province, the Protection of His Majesty's well-dis- posed Subjects therein resident, the Continuance of the mutual Benefits arising from the Commerce and Correspondence between this Kingdom and the said Province, and the maintaining of the just Dependence of the said Province upon the Crown and Parliament of Great Britain; that the said Method of annually electing the Councillors or Assistants of the said Province should no longer be suffered to continue, but that the Appointment of the said Councillors or Assistants should hence- forth be put upon the like Footing as is established in such other of His Majesty's Colonies or Planta- tions in America, the Governors whereof are ap- pointed by His Majesty's Commission under the Great Seal of Great Britain:
Be it therefore Enacted, by the KING's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assem- bled, and by the Authority of the same, That from and after the so much of the Charter granted by their Majesties King William and Queen Mary, to the Inhabitants of the said Province of the Massachusetts Bay, in New England, and all and every Clause, Matter, and Thing, therein contained, which relates to
the Time and Manner of electing the Assistants, or Councillors, for the said Province, and all E- lections and Appointments of such Councillors and Assistants made in pursuance thereof, shall
and that from and after the said the Council or Court of Assistants of the said Province for the Time be- ing, shall be composed of such of the Inhabitants or Proprietors of Lands within the same, as shall be thereunto nominated and appointed by His Majesty, his Heirs & Successors, by Warrant under his or their Signet or Sign Manual, and with the Advice of the Privy Council, agreeable to the Practice now used in Respect to the Appointment of Councillors in such of His Majesty's other Colonies in America, the Governors whereof are appointed by Commis- sion under the Great Seal of Great Britain: Pro- vided that the Number of the said Assistants or Councillors shall not at any One Time exceed nor be less than
And it is hereby further Enacted, That the said Assistants or Councillors so to be appointed as a- foresaid, shall hold their Offices respectively, for and during the Pleasure of His Majesty, his Heirs or Successors, and shall have and enjoy all the Powers, Privileges, and Immunities, at present held, exercised, and enjoyed by the Assistants or Councillors of the said Province, constituted and elected from Time to Time, under the said Char- ter, except as hereinafter excepted; and shall also, upon their Admission into the said Council, and before they enter upon the Execution of their Offices, respectively take the Oaths, and make, re- peat, and subscribe, the Declarations required, as well by the said Charter as by any Law or Laws of the said Province now in force, to be taken by the Assistants or Councillors, which have been so elected and constituted as aforesaid.
And be it further Enacted by the Authority aforesaid, That from and after the it shall and may be lawful for His Majesty's Go- vernor, for the Time being, of the said Province, or, in his absence, for the Lieutenant Governor, to nominate and appoint, under the Seal of the Province, from Time to Time, the Judges of the Interior Courts of Common Pleas, Commissioners of Oyer and Terminer, the Attorney General, Sheriffs, Provosts Marshals, Justices of the Peace, and other Officers to the Council or Courts of Justice belonging, and to remove Judges of the Interior Courts of Common Pleas, Commissioners of Oyer and Terminer, the At- torney General, Sheriffs, Provosts Marshals, Justices, and other Officers so appointed by the Governor, or, in his absence, by the Lieutenant Governor alone, and shall and may have, hold and exercise, the said Offices, Powers, and Authorities as fully and completely, to all Intents and Purposes, as any Judges of the Interior Courts of Common Pleas, Commissioners of Oyer and Terminer, At- torney General, Sheriffs, Provosts Marshals, or other Officers, have or might have done hereto- fore under the said Letters Patent, in the Third Year of the Reign of their late Majesties King William and Queen Mary, any Law, Statute, or Usage, to the contrary notwithstanding.
Provided always, and be it Enacted, That no- thing herein contained shall extend, or be constr- ued to extend to annul or make void the Commission granted before the to any Judges of the Interior Courts of Common Pleas, Commissioners of Oyer and Terminer, the Attorney General, Sheriffs, Provosts Marshals, Justices of the Peace, or other Officers; but that they may hold and exercise the same, as if this Act had never been made, until the same shall be determined by Death, Removal by the Governor, or other Avoidance, as the Case may happen.
And be it further Enacted by the Authority aforesaid, That upon every Vacancy of the Of- fices of Chief Justice and Judges of the superior Court of the said Province, from and after the
the Governor for the Time being, or in his Ab- sence the Lieutenant Governor, without the Con- sent of the Council, shall have full Power and Authority to nominate and appoint the Persons to succeed to the said Offices, who shall hold their Commissions during the Pleasure of His Majesty, his Heirs and Successors; and that neither the Chief Justice and Judges appointed before the said nor those who shall hereafter be appointed pursuant to this Act, shall be removed, unless by the Order of his Majesty, his Heirs or Successors, under his or their Sign Manual.
And be it further Enacted by the Authority aforesaid, That the Governor, Lieutenant Go- vernor, Chief Justice, the Judges of the Superior Court, and the Secretary of the said Province, for the Time being, shall be, and they are hereby
Correspondence for the town of... Voted very unanimously. A true copy attested. BENJAMIN HUNTINGTON, jun. Town Clerk.
WANTED IMMEDIATELY... A HUNDRED POUNDS... for good business... and other Stamps.

appointed, during their Continuance in their respective Offices, Justices of the Peace in and for every County of the said Province, and shall and may have, hold, and enjoy, all the Powers and Authorities given to the Justices of the Peace by virtue of their Commission, or by any Act of the General Court of the said Province.
And whereas, by an Act of the General Court of the said Province, made in the Fourth Year of the Reign of their late Majesties King William and Queen Mary, intitled, "An Act for regulating of Townships, Choice of Town Officers, and setting forth their Power," the Freeholders and Inhabitants of the several Townships, rateable at Twenty Pounds Estate, are authorized to assemble together, in the Month of March in every Year, upon Notice given by the Constable, or such other as the Select Men of the Town shall appoint, for the Choice of Select Men, Constables, and other Officers; and the Freeholders and Inhabitants are also impowered to make and agree upon such necessary Rules, Orders, and Bye-laws, for the directing, managing, and ordering, the prudential Affairs, and to annex Penalties for the Non-observance of the same, not exceeding Twenty Shillings for one Offence; provided they be not repugnant to the General Laws of the said Province:
And whereas a great Abuse has been made of the Power of calling such Meetings, and the Inhabitants have, contrary to the Design of their Institution, been misled to treat upon Matters of the most general Concern, and to pass many dangerous and unwarrantable Resolves; For Remedy whereof, Be it enacted, That from and after the next ensuing, so much of the said Acts of Assembly, and of all other Laws now in force, within the said Province, as directs the Returns of Juries to be made by the Constables, by an Election of the Inhabitants of the several Towns, and all Jurors, as well Grand as Petty, shall be returned by the Sheriffs of the several Counties, and no otherwise; and the Justices of the Superior Court of the said Province, at a convenient Time before the Sitting of the Superior Court in every County, and the Justices of the Peace for every County in the said Province, at a convenient Time before the Sitting of the Quarter Session of such County, shall issue their Precepts or Warrants to the Sheriff of such County, for such several Courts respectively to summon, out of the Freeholders and Inhabitants of such County qualified to serve upon Juries, such a Number of good and lawful Men as such Precept or Warrant shall direct, to serve upon the Grand Jury at such respective Court; and such Persons so summoned and returned by the said Sheriff, or such of them as shall appear, shall be impanelled and sworn the Grand Inquest for the Body of the County, and shall continue as such during the Sitting of such respective Court, and until they shall be dismissed by the same; and in all Indictments, Informations, Actions, and Causes, depending before the Superior Court, or any Court of Quarter Session, or Court of Common Pleas, in the said Province, which shall be at Issue, and ordered for Trial, the Juries shall be summoned, impanelled, and returned, by the Sheriff of the County, out of the Freeholders and Inhabitants of the said County qualified to serve upon Juries, and shall be chosen and arrayed in such Manner and Form, and by and with such Regulations and Restrictions,
as is directed and ordered in and by an Act of Parliament, made in the Seventh and Eighth Years of the Reign of his late Majesty King William the Third, intitled, "An Act for the Ease of Jurors, and better regulating of Juries;" and One other Act, made in the Eighth and Ninth Years of the same Reign, intitled "An Act to enable the Returns of Juries as formerly, until the First Day of November, One thousand Six hundred and Ninety-seven;" and One other Act of Parliament, made in the Third Year of the Reign of his late Majesty King George the Second, intitled "An Act for the better Regulation of Juries; and One other Act, made in the Twenty fourth Year of the same Reign, intitled, "An Act for the better Regulation of Trials by Jury, and for enlarging the Time for Trials by Nisi Prius, in the County of Middlesex."
And be it further Enacted by the Authority aforesaid, that Lists of the Freeholders and Inhabitants of the several Towns, qualified to serve upon Juries, shall be returned to, and recorded at, the Quarter Sessions for the several Counties, and shall be delivered to the several Sheriffs in Manner and Form as directed by the said Acts of Parliament, or any of them; and until such Lists of such Freeholders and Inhabitants shall be delivered as aforesaid, the Sheriff of any County shall and may summon and return fit Persons to serve upon Juries as aforesaid, out of the Body of the Freeholders and Inhabitants of the County, qualified to serve upon Juries, according to his Judgment and Discretion; and whenever the Judges of the Superior Court shall Award a Special Jury to be struck (which they are hereby authorized and impowered to do in such Manner as Special Juries have been usually struck in the Court at Westminster at Trials at Bar) and if the Sheriff of the County in which such Jury shall be awarded, shall not have received Lists of the Freeholders and Inhabitants qualified to serve upon Juries as hereinbefore ordered and directed, such Sheriff shall attend the proper Office of the said Court, with a List of the principal Freeholders & Inhabitants of the said County qualified to serve upon Juries, and the said Special Jury shall be struck out of the said List; and it shall and may be lawful for the Justices of the said Superior Court, and they are hereby authorized and impowered, upon the Motion of either of the Parties, in any Cause or Action which shall be brought to issue, in any County, other than the County in which the said Cause or Action shall have been brought or laid, by a Jury of such other County, as they shall judge fit and proper, any Act of Assembly or Provincial Law to the contrary notwithstanding.
And be it further Enacted by the authority aforesaid, That all Clerks of Courts, Sheriffs, Constables, and other Persons within the said Province, to whom the ordering, making, delivering, or recording, the Lists of the Freeholders and Inhabitants qualified to serve upon Juries as aforesaid, shall belong or appertain, according to the true Intent and Meaning of this present Act, and the said Acts hereby referred to, who shall be guilty of any wilful Neglect, Default, or Misfeasance, in the carrying into Execution this Act, according to its true Intent and Meaning, shall incur and suffer such Fines and Penalties as are severally mentioned in the said Acts of Parliament hereby referred to; and all Persons who, being duly qualified as aforesaid, shall be duly summoned to serve upon Juries in Manner aforesaid, and shall not attend such Service, shall incur and suffer such Fines and Penalties as, by the Laws of the said Province, Jurors making Default are now subject to.
And be it further Enacted by the Authority aforesaid, That if any Action shall be brought against any Sheriff, for what he shall do in Execution, or by virtue of this Act, he may plead the general Issue, and give the special Matter in Evidence; and if a Verdict shall be found for him, he shall recover Costs.
L O N D O N.
House of Commons, April 21.
The House sat for near half an hour without any business before them, when Lord North came, and presented to the Speaker several extracts of letters, &c. and the third Boston bill, "for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of Massachusetts-Bay, in New-England."
The Bill was read a first time; upon which Mr. Sawbridge arose, saying, "Sir, I am astonished at the noble Lord's proceeding, in bringing in a bill of the utmost consequence, at a time when there is so thin a House. [There was only forty-one Members] It is an improper time; it is taking us by surprize; it is cowardly. But, Sir, I should think myself highly unworthy a seat in this Assembly, was I to suffer so pernicious a bill to pass in any stage, without giving my hearty negative to it. I will oppose it every time I have an opportunity, although I do not imagine I shall be much
attended to. This is a bill, Sir, of a cruel nature, that I am really a person could think of making it. Do you think that a man who chances to be in America, will come over here as an aggressor? Does the noble Lord American would hazard a trial here, or expect to have justice done him, as was Then, Sir, a person would be brought over tried, and you would have evidences only but I imagine if those evidences should not evidence here, who never saw the transaction, procured, and the criminal acquitted. I plan the dangerous consequences of this bill; IT IS TO ENSLAVE AMERICA, and the same who means to enslave them, would if he had power, enslave England; it is his aim, and wishes to do; but I sincerely hope the American not admit of the execution of these destructive nobly refuse them; if they do not, they are abject slaves that ever the earth produced, and that the Minister can do, is base enough for them
Lord North.—Sir, I think myself called upon to indicate my conduct for bringing in the bill at so late an hour. Sir, Was I to know there would be no Members attend? I did as I promised I would do, I was to bring in a bill as soon as it was ready; it but just finished when I brought it, and I little expected to have any debate upon it in this stage: I thought the debate would be upon the second reading; it usually is so; and I sincerely hope, when this bill is read a second time, that we shall have a very full House, and let every gentleman give his opinion upon it. I wish to have it thoroughly discussed, and if it should be found to be a bad bill, in God's name throw it out; but if found otherwise, you cannot be too unanimous in assenting to it; the more unanimity there is, the stronger effect it will have. As to its being meant to enslave America, I deny it, I have no such intention; it is an unpleasant, but necessary step to bring them to a sense of their duty; that assertion has much the same truth in it as what has been before said, that the Americans had seen their error, and were willing to satisfy the India Company. Sir, there is a ship arrived, I think her name is the Fortune, Captain Gotham; she arrived in Boston harbour the latter end of February, or beginning of March 1774. I cannot say which; she was loaded with tea; the inhabitants came immediately and unloaded her, and emptied the contents of her cargo into the sea. Is this Sir, seeing their error? Is this Sir reforming? Is this making restitution to the India company? Sure no gentleman will, after this, urge any in their defer The honorable gentleman has said this bill is a pernicious one; I trust, when gentlemen come to consider they will see it is quite otherwise.
Sir Thomas Frankland arose only to acquaint House, that he, yesterday afternoon, after the House broke up, was shewn a letter which a friend of his received from Boston, dated March 1774, which mentioned the tea being destroyed, which was the cargo of Captain Gotham, as the noble Lord had mentioned.
Mr. Fyng.—Sir, I cannot help rising to oppose but I agree with my worthy friend, that it is a pernicious bill, and I fear made with no good intent. I really am surprised at the noble Lord, who said, with was to make their laws in America as near as possible to our own. Is this bill any thing like it? No is quite the reverse; dragging people from one court to another to give evidence, is such a proposition I never heard before, nor could have thought of; but, Sir, every person must know, and will allow, that the noble Lord finds his other two bills are so defective and dangerous, that no person will venture to put them into execution; he is therefore obliged to have recourse to a third, to indemnify such persons as shall be concerned in executing his destructive project. I shall oppose this bill every time I have an opportunity, and I trust every lover of his country will do the same.
He further said, that whatever professions of candor were thrown out, he should trust to them with great caution; that for his part these attacks made abroad, seemed to be intended to prepare mens minds for measures of a similar nature to be enforced at home; and that the conduct and complexion of public measures in general wore the appearance of a systematic design of enslaving the people, as well in Great-Britain as the colonies.
Lord Beauchamp.—I really am surprised, Sir, to hear an honorable gentleman say, that every person must know that the two former bills are defective. Sir, I will venture to say the fact is otherwise; every person must allow they are necessary for the preservation of peace, and restoring the Americans to a sense of their duty. Does the hon. gentleman think the soldiery at Boston will act without they are indemnified? No; they could not. No person would execute the laws half so well, was this bill not to pass. I think it a necessary bill; it will make their trials by Juries like ours, which are so much approved of: and I shall give my hearty affirmative to it.
Mr. Sawbridge.—Sir, I rise to explain to the noble Lord why I think it a pernicious bill. I am certain, that however willing I might be to bring an offender to justice, was I to see murder committed in London, my love of justice might induce me to go to any part of the country to appear as an evidence; but I assure the noble Lord I would not go over to America on any account, not for any mandate he could issue; and I believe that noble Lord will allow that not any sum would induce him to go over now; therefore we have the same right to imagine that people in America will not come over here. I make no doubt but government will take care to bring over evidence in support of their side, but they will trouble themselves with evidence on the contrary; thy fore all your trials will be ex parte, and nothing but a mockery of justice. I do not mention this as an adv America, but as an Englishman.
The question was then put that this bill be read a second time on Monday next.
Mr. Sawbridge desired to know of the noble Lord if he had any objections to having it printed.
Lord North answered, No.
The question was again put, and carried division.
Vertical text on the left margin containing various fragments of notices and advertisements, including mentions of 'Chester', 'JUEL', 'FOST', 'MAN', 'EAS', and 'BE SOLD or LET'.
Advertisements at the bottom of the page, including 'A FRESH AN GOODS' and 'To be SOLD'.