The Massachusetts spy, or, Thomas's Boston journal (Boston [Mass.]), 1774-03-03 00:00:00

THE Massachusetts Spy
Or, Thomas's Boston Journal.
MAY 2, 1903
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 Possession happy, Or, our Deaths glorious in THY JUST Defence.
VOL. IV.]
THURSDAY, MARCH 3, 1774.
[NUMB. 161.]
Province of MASSACHUSETTS-BAY. ARTICLES of Impeachment of High Crimes and Misdemeanours against PETER OLIVER, Esq; Chief Justice of the Superior Court of Judicature, Court of Assize and General Goal Delivery over this Province, by the House of REPRESENTATIVES, in General Court assembled, in their own Name, and in the Name of all the Inhabitants of this Province, February 24, 1774.
WHEREAS their late Majesties King William and Queen Mary of glorious memory, from their great regard to the English constitution, and earnest desire to establish the same in this his Majesty's province, did by their charter made and granted in the third year of their reign, establish and ordain, that all and every of the subjects of them their heirs and successors, which should come to, and inhabit within this province and territory, and every 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 subjects within any of the dominions of them their heirs and successors, to all intents constructions and purposes 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 Assembly of the province, which is before established in the same charter, shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, for the hearing, trying, and determining of all manner of crimes, &c.
And the said General Court or Assembly hath by the same charter, full power and authority to impose and levy proportionable and reasonable assessments, rates and taxes, upon the estates and persons of all and every the proprietors and inhabitants of the province, for his Majesty's service in the necessary defence and support of his Majesty's government of the province, and the protection and preservation of the inhabitants thereof: To the intent that the inhabitants of this his Majesty's province might always have and enjoy that essential privilege of the English constitution, of supporting the executive and judicial officers in the government of this province by THE FREE GRANTS OF THE PEOPLE.
And whereas the Great and General Court or Assembly of this province, in pursuance of the power and authority granted as aforesaid, and of the good intention thereof, have uninterruptedly and exclusively from the granting of the said charter, made provision by their own grants for the support of his Majesty's said Superior Court: But many evil-minded persons, not regarding the said charter nor the good intentions of the same, have of late years combined and conspired together, to put divers constructions on the said charter, wholly inconsistent with the aforesaid manifest intent and purpose of the same, and destructive of English liberties; and to introduce and establish another form of government, and a new mode of supporting the executive and judicial officers of the government. For which intent they did by false representations, procure to be made and passed by the parliament of Great-Britain, an act for the establishment of a revenue to be levied in America, and appropriated among other things for the defraying of the charges of the administration of justice in such colonies where his Majesty should judge proper; and also by false representations and evil advice, have procured the royal grant of large sums of money, to be paid annually out of the said revenue, to the Justices of the said Superior Court; by the establishment of which the
said Justices of the said Superior Court would be aliened from any connection with the people of this province, for whose benefit 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 subject to the influence and direction of his Majesty's ministers of state, in matters appertaining to the distribution of justice in this province; whereby a foundation will be laid of a union 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 erected and constituted by the Great and General Court or Assembly by a power granted to the said General Court by the clause in said charter aforesaid, well knowing the premises but not regarding the fame, with design to subvert the constitution of this province as established by the said royal charter, and to introduce into the said Court a partial arbitrary and corrupt administration of justice, declining to take and receive any more the grants of the General Assembly of this province, did on or about the tenth day of January, 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 justice of the said superior court, against his own knowledge of the said charter, and of the way and manner prescribed therein for the support of his Majesty's government in the province, and contrary to uninterruptedly and approved usage and custom since the erecting 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 whom has declared respecting himself, his resolution to the contrary. And whereas the unmerited sum of four hundred pounds sterling granted by his Majesty and annually to be paid to the said Peter Oliver, Esq; for his services as chief justice of the said superior court, together with the hopes of its augmentation, if he is still suffered to continue in his said office, cannot fail to have the effect of a continual bribe in his judicial proceedings, and expose him to a violation of his oath. And by his accepting and receiving the said sum, he hath betrayed the corruption and baseness of his heart, and the sordid lust of covetousness: In breach of his engagements to rely solely upon the grants of the general assembly, necessarily implied and involved in his accepting said office.
And the said Peter Oliver, Esq; by his taking and receiving the said grant out of the revenue unjustly levied and extorted from the inhabitants of the American colonies, hath as far forth as lay in his power, put a sanction on and established the said revenue, which is a most destructive infraction of the constitution of this province, and a violation of the natural and most essential rights of the people,--the exclusive right of giving, granting and appropriating their own property, and of judging of the merits of their own servants. And hath counteracted the reasonable 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 aforesaid, in defiance and contempt of the known sense of the body of this people, expressly and repeatedly declared and published by their representatives and otherwise, hath wickedly and perversely endeavoured to continue and increase the
discontent and jealousies 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 said conduct of the said Peter Oliver, Esq; and the continued false representations of others, will be graciously pleased to revoke said grant, and order a full redress.
And the said Peter Oliver, Esq; did on the eighth day of February instant, direct and cause to be delivered to this House a writing under his own hand, dated Middleborough, February 3, 1774; the tenor of which writing is in the word and figures following, viz.
"To the Honourable the House of Representatives, in General Court convened February 1774.
"May it please your Honours, "ON the second instant I received the Resolves of the Honourable House of the first instant, requiring me to declare whether I had received in full of the grants 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 General assembly of this province as a Justice of the Superior Court, without accepting any grant from the Crown for my service as a Justice of said Court. Permit me, May it please your Honours! to state the circumstances of my case, as a Justice of the Superior Court.
"In the year 1756 I was appointed as a Justice of that Court, and accepted the office contrary to my own inclination, but by the persuasion of gentlemen who were then members of the General Assembly. In this office I have continued for above seventeen years: and I hope your Honours will excuse me if I say, that I was 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 act with that fidelity required in so important a character; and with this sentiment I doubt not of ever consoling myself in the approbation of my own mind.
"During these seventeen years I have annually felt the great inconveniences of serving in my judicial office, by suffering in my private business, and not having a salary which would any way support my family, which was large, and I cannot charge myself with any degree of extravagance in the support of it: And I wish I may not have been too parsimonious for the dignity of the province, in my judicial character.
"May it please your Honours, "I can with the strictest truth assert, that I have suffered, since I have been upon the Bench of the Superior Court, in the loss of my business and not having sufficient to maintain my family from my salaries, above THREE THOUSAND POUNDS STERLING !!! I have repeatedly thrown myself on former assemblies for relief, but never have obtained any redress: I have repeatedly attempted to resign my office, but have been dissuaded from it, by respectable gentlemen of former assemblies, who encouraged me with hopes of a support, but I never received any relief in that way.
"When his Majesty, of his great goodness and favour granted me a salary (as he did to several others on the continent in my station) it was without any application of mine; and when it was granted, I thought it my incumbent duty, from the respect and gratitude which I owed to his Majesty: From a sense of that fidelity which I owed to my country by being enabled to discharge the duty of my office in being less embarrassed in my mind whilst in the execution of it, and being more at liberty to qualify myself for the duties of it in vacation time: As also from a principle of justice due to my family and to others: On these accounts, and not from any avaritious views, I was obliged to take his Majesty's grant from the 5th of July 1772, to 5th of January 1774, and have taken the grant of the province only until July 1772.
"These considerations, may it please your Honours! urged me to take his Majesty's grant; and I cannot but hope that the candour of the honourable house of representatives will excuse me in so doing, as what proceeded from necessity and not avarice or the least disregard to the sentiments of the honourable house.
"May it please your Honours! "With respect to my not taking any future grant from his Majesty; permit me to say, that without his Majesty's leave I dare not refuse it, lest I should incur a censure from the best of sovereigns. And as the tenor of the grant is during my residence in the province as chief justice, I
receive it as during good behaviour, which in my opinion preserves me from any undue bias in the execution of my office.
"I am with the most profound respect For the Honourable House of Representatives, Their most obedient humble servant, PETER OLIVER.
"Middleborough, Feb. 3, 1774." In which writing the said Peter Oliver, Esq; hath ungratefully, falsely and maliciously laboured to lay imputation and scandal upon this his Majesty's government, insolently and contemptuously insinuating that by the parsimony, injustice and ingratitude of the said government, in withholding from him an adequate and due reward for his services as a justice of the said superior court, he hath been greatly impoverished, and that therefore he was obliged to take his Majesty's grant from a principle of justice due to his family and others. Whereas in fact, the rewards granted to him by this government, were always fully equal to the merit of his services as a justice of the said court; as it is well known that the said Peter Oliver, Esq; before his advancement to a seat in the superior court, had been usually employed in the business of trade, husbandry, and manufactures, to which he had applied his mind. And that he was appointed to said office without previous education and regular study in the law.
And the said Peter Oliver, Esq; by his conduct as aforesaid, hath misrepresented and traduced this government, and endeavoured to alienate the hearts of his Majesty's liege people of this province from his Majesty, and set a division between them, to introduce into said court a partial and corrupt administration of justice, destroy the present form of government in this province, and establish an arbitrary and tyrannical government in its stead.
Wherefore this house of representatives, in their own name, and in the name of all the inhabitants of this province, DO IMPEACH THE SAID PETER OLIVER, Esq; of the high crimes and misdemeanors aforesaid. And faving to themselves by protestation the liberty of exhibiting at any time hereafter, to the Governor and Council, 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 misdemeanors by him done and committed. Also of replying to the answer which the said Peter Oliver, Esq; shall make to the said articles, or any of them; and of offering proof of the premises, or any of their impeachments, accusations and complaints that shall be exhibited by them, as the case shall require. They pray that the said Peter Oliver, Esq; Chief Justice of the Superior Court of Judicature, Court of Assize and General Goal Delivery over this whole province, may be put to answer to all and every of the premises; and that such proceedings, examinations, 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 or single Gross, To be SOLD by SAMUEL ELIOT, At his Shop near the Head of Dock-Square, Just above the Market. ALSO, A GENERAL Assortment of ENGLISH and INDIA GOODS; with a fine Assortment of IRISH LINENS. To be SOLD by CHARLES LOWE, in Marshall's-Lane, opposite to the Boston-Alley, CLOIE CHESHIRE and NEW-ENGLAND CHEESE.

The following is an answer to the Letter directed to Judge Ingersoll, (signed "RUSSK") in our last, by some supposed to be wrote by said Judge. The Reply will be in our next.
From the PENNSYLVANIA JOURNAL. THE author of the address to the Judge of the Vice-Admiralty Court in this place which made its appearance lately in the public papers, has advanced some things respecting the supposed powers intended to be delegated by the commission constituting that court, which appear to me, to require some particular notice and remark.
I am aware, under how great disadvantage any writer must expect to labour, who shall venture to engage on the side of a Court of Admiralty; but however popular and general prejudice may tend to hinder the truth from reaching the understanding, yet happily for mankind, whenever it does make its way thither, the public judgment is always ready to be pronounced on its side.
I would by no means be understood to be an advocate for Courts of Admiralty, as such in preference to the Courts of common law. No man can have a higher idea, or a more favourable opinion of trials by jury, than I have:—Nor would I have the powers of Admiralty courts extended any farther than they have usually been. I only undertake to shew, that they are not extended further, in the case, at present under consideration.
Our author takes notice, that the powers of the courts of admiralty, in England, have undergone several alterations by Acts of Parliament.—The same thing might have been observed of other courts; but he says, the statute of the 28th of Henry the 8th the preamble of which sets forth the difficulty of obtaining full proof, according to the forms and rules of the Admiralty Court, took from that court the cognizance of treason, robbery and murder committed on the high seas, and gave the same to a new tribunal, directing that the trial should be by jury.* This is agreed and also, that no single Judge of Admiralty since that time, either in England, or the colonies, ought to be vested with such power.
But our author thinks he has discovered a clause in this commission, that vests the judge with that power, and then exclaims loudly—about a suspended power attempted to be exercised, and what not: I own I was not a little surprised to hear, that the judge was furnished with such authority, and almost as much so, that no body had discovered it before now; but when I came to attend to the words of the commission, I soon found that all the difficulty proceeded from the author's not sufficiently attending to the legal import of the word crime , and his confounding that word with the idea of felony .—The clause in the commission, on which he founds his argument, is the following, "And we do hereby commit and grant unto you —our power and authority to take cognizance of, and proceed in, all causes civil and maritime, and in, complaints, contracts, offences, or suspected offences, crimes, pleas &c.
Now although every felony may be said to include in it a crime, or to be a criminal act, yet every crime does not include in it a felony.—Should one sailor wound and maim another at sea, this would be both an offence and a crime, punishable by a court of Admiralty; but it would not be a capital offence, nor subject him to the punishment of death, as would treason, robbery and murder, as being felonies.—This distinction is so obvious, and so well known, that I believe I have no need to say any thing more upon it.
I hope then that the public will find, that this commission is not fraught with quite so much mischief, as our author imagined, and that they will be relieved from their fears, if they have ever had any, of what the present judge, or his more formidable successor may do on the score of prosecutions for felony. Our author next proceeds to take notice of the civil part of the commission, and after having observed, that by the law of England the Admiralty hath no manner of cognizance of any contract, or of any other thing done, within the body of any county, either by land or water; he says, "consequently it hath no jurisdiction to hear causes that arise on bills of exchange, bills of lading, bottomry bonds, charter parties, policies of insurance of freight, but that the commission includes all these, and many more articles of that nature."—The general principle advanced here, by our author, cannot properly be said not to be true, and yet it does not express the whole truth.—Had he added, after the words, or if any other thing done within the body of any county, these words, not being of a marine nature, the whole of the true idea would have been well enough expressed. I cannot explain this matter better than by transcribing a few passages from an approved modern author, who wrote purposely for the use of merchants and others, concerned in maritime affairs, and who cites adjudged cases in support of what he advances. The author I refer to is Beawes, who in his Lex Mercatoria Rediviva , p. 246, says, "the Admiralty hath jurisdiction in cases of freight, mariners wages, breach of charter parties, though made within the realm, if the penalty be not demanded. And likewise in the case of building, mending, saving, and victualling ships, &c. so as the suit be against the ships, and not only against the parties."
* The 11 and 12 of W. 3. c. 7, directs the trial of these (treason excepted) in the plantations. † See Wood, p. 340, cites Haies pl. C. &c.
Ibid. "It is allowed by all the common lawyers and civilians, that the lord Admiral has cognizance of seamen's wages and contracts and debts for making ships, also of things done in navigable rivers, concerning damages to persons, ships, goods, annoyances of free passage, &c. of contracts, and other things done beyond sea, relating to navigation and marine trade.
"But if a contract be made beyond sea, for doing of an act, or payment of money within this kingdom, or the contract is upon the sea, and not for a marine cause, it shall be tried by a jury—the Admiralty may hold plea for seamen's wages, &c. because they come due for labour done on the sea, and the contract made upon land, is only to ascertain them.
Ibid. "The court of Admiralty may award execution on land, though not hold plea on any thing arising on land."
From the foregoing specimens, the judicious reader will be able to apply the general rule and principles of the law to every article mentioned in the commission before us, and he may also find them all laid down in the books of the law, as of Admiralty jurisdiction, whatever resolutions there have been concerning wreck. And to these general principles, I must refer some of the matters mentioned by the author, as it would swell to a volume to examine every article minutely, as whether, there can in no case be a ship wreck at sea, or whether wreck may not be cast ashore and yet be afloat at high water—whether banks of rivers may not be considered as appurtenant to the rivers, since ships may be made fast to them, by casting their anchors ashore—and whether, by the words ports, creeks and rivers, is not meant such as are navigable, and below the first bridges, as mentioned by the statutes. It is enough that I observe, that in all these, and every other case mentioned in the commission, the particular articles are qualified with an "according to the civil and maritime laws and customs of our high court of Admiralty in England." Whether the Supreme Court of this province have a power to issue a writ of prohibition or not, though of that I think there can be no great question; yet I cannot doubt, but that the gentlemen of the law would find ways enough to bring the matter before a common law court, should a court of Admiralty, in any instance, exceed the limits of the law, by issuing process, where they have no jurisdiction.
I find the author, in copying the commission, has put certain words in italics, thereby intimating, no doubt, that they are of dangerous import—thus the word tax , it is possible, he should imagine, that by that word a power is intended to be given to that court, to tax the people, in the common acceptance of the word? I plainly means a power to tax costs, to assess fines and other matters of that kind in court—a power common to all courts—the same may be said of compelling witnesses, and the like.
There is one matter however, so particularly pointed at, by our author, that I may not pass it over without some more full and explicit remark.
This is the clause which respects shipwrights—who, our author tells us, are a numerous body of men—and he might have added—a very useful body of men too—so much so, that the law has taken care to put it in the power of a court of Admiralty, to lend its aid for their help and benefit where a common law court cannot so well do it, from the different forms of proceeding. That this is the case will appear from the transcripts above, taken from Beawes. To exemplify the matter: Suppose a foreign vessel, a French ship, for instance, should come into this port, in order to repair, having sprung a leak, and the Captain should employ a number of shipwrights to repair her, who having done their work, the Captain should refuse to pay their bills, in this case the court of admiralty, upon application to that purpose, might issue process whereby the ship might be arrested and detained, until the ship-rights within the compass of a few days, might obtain a decree, have the ship sold, and their dues paid. This is that power which it seems shipwrights have so much occasion to dread, and I know of none that respects fishermen, that is more alarming.
To conclude as to this point, it will most undoubtedly appear, upon enquiry, that this commission as to the objects of process and judgment, does not differ from all other commissions of Admiralty but is substantially the same with them. Our author says this does not appear, perhaps he means only that it does not appear in news-papers, for he certainly might easily have known how that matter stands. I have before me great part of one from a neighbouring province, as copied by way of recital in a commission of deputation. I find in that, the very same words which we have been canvassing, viz. the words offences and crimes, banks, and bills of lading with many more, in a word so far as the same is copied, it appears to have been drawn from one and the same original standard, for which, I dare say, the clerks of office, make out all these commissions, and which have been practised upon, and submitted to, in the colonies, for the space of about one hundred years.
I will now proceed to the consideration of another objection, which our author has, against the mode of paying the Judges salary.—This, he takes notice, is made payable in the first place out of monies arising from penalties and forfeitures, which proceed from condemnations which the judge himself makes, but why it should be more exceptionable to have the salary payable out of this branch, in the first, rather than the last place, I am at a loss.
I cannot help thinking, however plausible this objection may appear in the general view of it, that it will entirely vanish upon a closer examination; the true state of this whole matter, is this: When the four Vice Admiralty courts were lately appointed, in order to free them from those objections which had been made against the mode of paying the former Judges, in case of captures in time of war; it was concluded to give these Judges certain fixed sums by way of salary, in lieu of all other fees and perquisites whatever, and it was thought proper not to make these salaries payable out of any monies arising from the revenue acts in America, perhaps among other reasons, because it was thought these might not be of any permanent duration. Be that as it may, these salaries were in fact made payable out of the monies arising within the respective districts, by way of penalties and forfeitures, if there should be sufficient, but ultimately if needed, out of a large and permanent fund arising from the sale of old naval stores, and which it was reasonably supposed would not fail, so long as the nation itself shall last, and inasmuch as these judges resided in America and the penalty monies after being carried into the hands of the cashier at Boston, being to be sent to England at the end of each year, unless first drawn out here, it became highly expedient and proper, that these judges should apply for their salaries here first, where only there was any room to suppose there might be a deficiency, and not suffer those monies to be sent to England, merely to be drawn back again, and it was necessary to be known in England how much had been paid here, in order for the balances to be paid there. Up-
* See 8th vol. Province Laws, p. 338.
on this plan and view of the matter, the Lords of the Treasury issued a standing order to the Commissioners at Boston to draw upon their cash annually, for the payment of these salaries, out of those monies so far as they would go, and to certify the matter home, which certificates go to the Treasurer of the navy in England, who in like manner has a standing order to pay the balances, all which is done of course, and the monies paid to the Agents of these judges at the respective places, without any particular application from the judges themselves.
This being the case, whence arises this supposed bias in the case? The judge neither adds to his salary by condemning, nor lessens it by acquitting. It is no uncommon thing for common law judges to be paid, out of the gross sums arising, in part from fines and forfeitures of their own imposing, and in part, from the other supplies of the community, and yet no body ever thought these judges were in danger of being biased by this means. It is true they receive their pay out of the gross sums indiscriminately, but doth that make any difference to the point in question? What if an order should issue to a collector of a public tax, before the monies got out of his hands into the hands of the public treasurer, to pay a certain sum, if he should have sufficient monies in his hands, and the treasurer to make up the residue, if the collector should not have sufficient? This, I conceive would not differ materially from waiting till the collector had paid over all the monies in his hands to the treasurer, and then making up the whole of the order upon him. The penalty and forfeiture monies in the case before us, are not the property of these judges, but belong to the crown, and are at the disposal of the crown as much as any other public money whatever—they are all of them indeed applied to certain demands of the state, some to one service, and some to another. Upon the whole, it appears to me, and I cannot but think it will to every one, who is disposed to view the matter in a full and fair light, that this supposed bias, and judging in a man's own cause, is purely imaginary.
The times, it is said, are critical, and every public measure to be watched with a jealous eye—I would not wish to have the watch not kept up, I only wish, that under the general alarm, painted boards, may not be mistaken for real species: But it is further said, "that Cæsar's wife should not even be suspected."—Cæsar's wife ought, no doubt, to be very careful not to furnish Cæsar with any ground of jealousy; but if, from a general discontent, occasioned by the ill treatment of his other friends, he will suspect his wife, without a cause, if she is such a woman, as she ought to be, possessed of virtue and honour, her husband's suspicion, must sensibly touch her delicacy: But I think her pain ought to be considered as her misfortune and not her fault.
CIVIS.
For the MASSACHUSETTS SPY.
Mr. THOMAS,
Please to insert the following in your useful paper, and you will oblige many of your customers.
ABOUT the 8th. and 9th. of this month, February, eighteen men of the Baptist Denomination in the town of Warwick, in this province, were committed to Northampton goal, for refusing to pay a tax for the support of a minister, from whom they conscientiously dissented, and on whose ministry they did not attend. The writer of this account is as unwilling as any man in the province, to raise a clamor at this time, which may in the least injure its public interests. But the above instance of persecution is so flagrant, so daring a violation of the rights of conscience; so affrontive to every real son of freedom, and so repugnant to every idea of liberty, that he cannot be silent.
What! eighteen men to be torn from their families in the midst of winter, and confined in a cold prison, where they now remain, on account of religion! who can read the melancholy narrative without horror?
It is not generally acknowledged, that every man has an undoubted right to think for himself, and to worship God in his own way? Why then should the Baptists be imprisoned for the exercise of that right? Has not our most Gracious Sovereign, in the Royal Charter of this province, placed all denominations of christians, Papists excepted, on an equal footing? Why then are the Baptists hauled to prison, and plagued with law-suits for refusing to assist in the maintenance of congregational ministers? Is it not enough for them to maintain their own societies?
But a circumstance which highly aggravates the proceedings against the Baptists at Warwick, is, that they gave in certificates to the assessors that they were of the Baptist persuasion, and therefore were to be exempt from ministerial rates by a temporary act of the General Court. How will these things be received by the sons of liberty in the sister colonies? What must be the consequence, if they should be laid before his Majesty, who will not suffer any of his subjects to be deprived of liberty of conscience? And who, not long since discovered his Royal regard to his Baptist subjects in this province, by readily repealing the Ashfield law; by which the Baptists in the town of Ashfield, were almost ruined as to their temporal interests. And surely no persons who duly weigh these matters, can reasonably blame the Baptists of this province for seeking a perpetual exemption from these oppressions, where they have reason to expect they shall obtain it. Nor will they be accountable for any consequences that may follow such application, seeing they are drove to it by intolerable persecution.
Shall persecution on account of religion have place in the province of the Massachusetts, which province has always been foremost in the cause of civil liberty? Such conduct will justly subject us to the most severe reflections. We say that the parliament of Great-Britain has no right to tax us Americans; or to take our money from us without our consent. And in the name of common sense, by what right is the money of the Baptists taken from them by assessors or constables without their consent, to support ministers of the congregational persuasion, from whom they dissent in conscience? Such proceedings are contrary to reason, to religion and to the charter of the province. A perpetual exemption from such unchristian treatment is what the Baptists ask for, not as a favour but a right.
A Friend to Liberty, Civil and Religious.
To the PRINTER of the MASSACHUSETTS SPY.
SIR,
PLEASE to rectify a mistake in the names of the men that signed the late protest at Littleton, which made its appearance in your paper, of February the 10th. number 158. Two names that are in the original, are left out, which are voters, viz. Ezra Jewett, jun. and Joseph Gilbert, and Joseph Dole the third, should have been Joseph Dole; Samuel Denny should have been Samuel Tenny, third.
For the MASSACHUSETTS SPY.
Mr. THOMAS,
In gratitude to the former exertions of a staunch friend to the cause of his country, please to insert the following and you will oblige
A. Z.
** I have as much to say in favour of some other friends, but as the Governor is about departing, I may see occasion to alter my present intention.
A GENTLEMAN in the naval department having often observed a certain private gentleman had a remarkable facility in Rowing one way, and looking the other! the latter as conscious of the justice of the naval gentleman's observations, as of the favours he had received in preference to others, determined to be as grateful, and took an opportunity of telling the A—— he had a fine ship just ready to launch; that if it would not be disagreeable he would call her the M——n——gu, who immediately answered he thought the Vicar of Bray would be a much better name. The Oar——man being equally remarkable for his ready wit, replied he thought so too, since the most polite officers in the navy admire the wisdom, justice and equity of the present King's reign.
** Several domestic articles of intelligence, &c. &c. must be omitted for want of room.
For the MASSACHUSETTS SPY. To all friends to LIBERTY who fear GOD and hate covetousness.
YOU have long contended with a noble adversary for that LIBERTY which is the birth right of all men; but your cause still labours; and new difficulties continually rise to obstruct your glorious progress; the real cause why you have not ere now gained a complete victory over tyranny, is, you have an Achan in the camp—and this wedge of gold is the secret curse which wounds your noble cause—and until this curse is removed, you cannot expect that the righteous Lord who loveth righteousness and is no respecter of persons , will grant you success.
To ask of Heaven, the blessings which we deny to our fellow men, must be abominable in the sight of HIM who hateth all iniquity.—Such petitions are more likely to procure a curse than a blessing.
If slavery (that calamity of all calamities) was totally abolished in New-England, I should not fear what Satan, and all other tyrants in the universe, could do unto us—I should then have reason to hope the Lord was on our side ; and then earth and hell might rage in vain; Freedom would triumph and the wicked tyrants gnash their teeth and melt away . We might then have light instead of darkness ; and the people of New-England might look up to "New-England's God," and hope that he would continue to be their God. "as he has been the God of their fore-fathers."
So long as this sacred command of GOD remains in the Bible, Whatsoever you would that men shall do unto you do ye even so to them , every man will be bound in duty and conscience to do every thing in his power to abolish all slavery.
As I view the permission of slavery, to be the capital sin of New-England, and as I never expect that GOD will suffer us to enjoy the full blessings of liberty, until we give it to all our fellow men, I earnestly wish that the noble and illustrious General Assembly of the Massachusetts-Bay, (who will be renowned in all ages for their patriotism) may set a glorious example for the world by giving liberty to all men in that government. The PREACHER. New-England, February 22, 1774.
A NEW CREED, founded on immutable TRUTH.
WE most solemnly DECLARE, that we sincerely believe the Parliaments or General assemblies of NORTH AMERICA, have no more right (in strict equity and justice ) to tax the people of GREAT BRITAIN, than the parliament of Great-Britain, have to tax the people of AMERICA!
We do firmly believe, that the Parliament of Great Britain, has no more right to tax the people of America, than the Assemblies or parliaments of the American Colonies, have to tax the people of Great-Britain. Four millions of free Americans.
FRIDAY February 25. BOSTON.
As the LAMPS for illuminating the streets of this town are now setting up, the following extract from a late law for the regulation of said lamps is now printed, that the public may be made more acquainted with the fines and penalties which will be incurred by such person or persons who either with design or by accident should any ways destroy or damage those lamps.
"BE it therefore enacted, That if at any time after the publication of this act, any person or persons shall and do wilfully and maliciously break, throw down, or extinguish any lamp that is or shall be hung or set up to light the streets, lanes, alleys or passage-ways, within said town of Boston, either by said town or by any private inhabitants, or shall wilfully or maliciously damage the post, iron or other furniture thereof, every person so offending therein, and thereof convicted by the lawful testimony of one or more witness or witnesses in any of his majesty's courts of general sessions of the peace, to be thereafter held within and for the county of Suffolk, who are hereby empowered to hear and determine the offence shall forfeit and pay the sum of twenty pounds for each lamp so broken or damaged, and the like sum for each post or the iron or other furniture so broken or damaged, and costs of prosecution. And if any person or persons shall accidentally or undesignedly break, throw down, or otherwise damage any post, iron or furniture of such lamp, he shall pay so much as in the judgment of the Selectmen of said town for the time being shall fully repair the damage done, into the hands of the Selectmen, or to such person as they may appoint to receive the same; and if any such person or persons shall refuse to pay said Selectmen, or the person they shall appoint in manner as aforesaid, the treasurer of the town of Boston is hereby empowered to prosecute any person or persons for said damage, before any one of his Majesty's justices of the peace in said county of Suffolk, who is hereby empowered to hear and determine the same; provided the double damages do not exceed forty shillings, if more then to be recovered in any court proper to try the same; and upon conviction to give judgment for double damages, and for costs of prosecution, and award execution accordingly. And if any person or persons sentenced to pay the aforesaid fine of twenty pounds and costs, shall refuse to pay the same, he or they shall be punished for the offence by being imprisoned not exceeding six months, or by whipping not exceeding twenty stripes."

For the MASSACHUSETTS SPY. To Mr. HUTCHINSON.
SIR, At length we are informed that his Majesty's service calls you to bid adieu to this long injured and abused country. How well you have served him in it, your letters tend to mislead his ministers into a belief that it was for his interest to violate his coronation oath to his people, and join in your treasonable conspiracy to sap the constitution of their government, and abridge their liberties, your letters and several speeches will remain indelible evidences. In the very last thing 'purporting' a second denial to the prayer of the REMONSTRANCE of the Honourable House of Representatives, you have done his Majesty the service to publish to the world that he is a most obdurate, unjust and cruel Tyrant, setting at nought all the endeavours of his subjects in the most regular and orderly manner to obtain relief from the most alarming innovation that ever was endeavoured to be forced upon a people. You tell the House that to comply with their request for the removal of a corrupt and bribed Chief Justice from the Bench, you would counteract the express signification of his Majesty's pleasure; and to put some face upon this daring affront to the sense of all mankind, you onwards inform them you 'have received no instruction nor any Signification of his Majesty's pleasure which are not perfectly consistent with their Charter, and which his Majesty hath not an indisputable right to give,' yet you have received an Instruction to retain a person on the chief seat of executive Justice in the province, as inimical to its constitution, rights and privileges as yourself, notwithstanding the whole body of the government, demonstrate their apprehensions from his continuance. If you be indeed the Servant of the King, the sooner he takes you home to himself and employs you in his own peculiar business, the better for this province. Our Charter subjects us to no such ignominious condition as to be ruled by any Slave or Servant; it gives the King power to appoint and commission three Officers, which the people formerly elected themselves; and in one of these Officers, and a Council and House of Representatives annually chosen, resides the power of ruling, ordering and governing the province of the Massachusetts-Bay in New-England; without reference to any instruction, order or command, from any Prince, State or Potentate upon the face of the earth. According to your logic, the most absolute despotism reigns in this province that ever oppressed mankind. The King commands a meer menial servant, who in his turn commands a whole colony! Is not this the precise state of Egypt, Mr. Hutchinson? If there be not a fallacy in this reasoning our ancestors were sadly mistaken in crossing the Atlantic to escape the house of bondage.
A Government or a Body Politic ought to be one connected system having but one common interest, and one public will; but according to your wondrous constitutional politics, the head of our government is the meer tail, tool or instrument of the minister of another state. It seems you are thoroughly apprehensive that the Council as well as the House would manifest that regard for the public safety as to advise Mr. Oliver's removal. Certainly then in this case, no one can pretend that the discontented are an inconsiderable faction. The whole bent of the Government tends towards the same object. And are you, or even your Master to have a negative, discretionary or dispensing power when right is demanded by the whole state against an exalted criminal? The King himself, without recurring to Stuartine dogmata, cannot pretend such power.
I understand you say the Charter gives no power to the General Court to take cognizance of Mr. Oliver's crime. It is strange, yea amazing to perceive the lengths some men will go to maintain a favourite position! I would ask you, Sir, what mean these clauses, "And We do of our further grace, certain knowledge, and meer motion, grant, establish and ordain for Us, our heirs and successors, that the Great and General Court or Assembly of our said province or territory for the time being convened as aforesaid, shall forever have full power and authority to erect and constitute Judicatory and Courts of Record or other Courts, to be held in the name of us, our heirs and successors for the hearing, trying and determining all manner of crimes, offences, &c." And onwards, "And we do further for us, our heirs and successors, give and grant to the said Governor and the Great and General Court or Assembly of our said province or territory for the time being, full power and authority from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions with penalties or without (so far as the same be not contrary to the laws of our realm of England) as they shall judge to be for the good and welfare of our said province or territory, or for the government, and ordering thereof, and of the people inhabiting or who shall inhabit the same; and for the necessary support and defence of the government thereof. And we do for us, our heirs and successors give and grant, that the said General Court or Assembly shall have full power to name and settle all civil officers within the said province, such officers excepted the election and constitution of whom we have by these presents reserved to us, our heirs or successors, or to the Governor of our said province for the time being; and to set forth the several duties, powers and limits of every such officer to be appointed by the said General Court or Assembly; and the forms of such oaths not repugnant to the laws and statutes of this our realm of England as shall be respectively administered unto them for the execution of their several offices and places, and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportionable and reasonable assessments, rates and taxes upon the estates and persons of all and every the proprietors and inhabitants of our said province for our service in the necessary defence and support of our government of our said province or territory, and the protection and preservation of the inhabitants there according to such acts as are or shall be in force within our said province; and to dispose of matters and things whereby our subjects, inhabitants of our said province, may be religiously, peaceably and civilly governed, protected and defended." If in all this long quotation there were no powers recognized for the erection and constitution of Courts of Record, for the establishment of all manner of wholesome laws, directions and instructions, with penalties, &c. for the government and ordering of every person without exception within the territory; if no express mention was made of the General Court's authority to set forth the several duties, powers and limits of their civil officers, and to impose fines, mulcts, imprisonments and other punishments upon them, the power to dispose of all things necessary to the religious, peaceable and civil government of the inhabitants, most amply includes the power that you oppose. The truth is, you have invariably endeavoured to derogate from, nay to annihilate all the constitutional powers of the Great and General Court in every instance where you have dared to fix your impious talons upon them. But I presume the day is at hand when your accomplices (at least) will be made to tremble at the exertion of a power which has too long lain dormant, but now begins to be roused in good earnest; and God knows in good season, for a people who have no other alternative between them and slavery, besides the natural force with which Heaven has blessed all men: Your voyage will prevent a judicial enquiry into your administration on this side the water! the wish of thousands is that it may receive a due reward on the other.
In this last instance of your endeavour to render right, vague and entirely at your direction, you seem to set every idea of public tranquility at defiance. According to your doctrine all the corruption, bribery and open violation of the public and private interests of the people may take place, and the criminals being what you call friends to government, shall therefore only stand the fairer chance for promotion; while an honest patriot, for bare suspicion of lifting your actions in a true light, shall be struck off the list of administrators of justice without the shadow of a pretence of malfeasance in office. Or late the Justice: you have appointed have not all been the most sanguine friends to the liberties of their country, and if you can create, suppress and maintain executive officers at pleasure, with regard barely to the
promotion of the designs of a British ministry; so much truth, so dangerous a power as never was committed by any wise people into the hands of the best of Sovereigns, will never be thought safe in those of a vile, slavish and pathic pensioner. If the concurrence of the elders of this people be necessary to the constitution of executors of justice, I should hardly have thought a man of common understanding could indulge the conceit that, to serve a turn, these elders would be persuaded that they had no power to enquire whether those servants of the public, discharged their respective trusts in a due manner. This must certainly be a monster in politics, to constitute officers independent and irresponsible to the power from whence they derive their political existence. But as this Chimera exists probably in no part of the universe besides the brain of the forely pinched Mr. Hutchinson, I shall for the present suffer it to remain undisturbed by the further animadversions of E. LUDLOW.
S A T U R D A Y, February 26. B O S T O N.
On Friday last the governor sent the following message to both Houses of Assembly viz.
"Gentlemen of the Council, and of the House of Representatives,"
"HAVING received discretionary leave from the King to go to England, I think it proper to acquaint you with this instance of his Majesty's most gracious condescension, and that I intend to avail myself of it as soon as his service will admit."
"I must desire you to give all the dispatch possible to such necessary public business as may yet lie before you, for I must soon, by an adjournment or prorogation, give the Court a recess, that I may attend to that preparation for my voyage which his Majesty's service and my personal affairs require."
T. HUTCHINSON.
"Milton, 24th Feb. 1774."
M O N D A Y, February 28. B O S T O N.
Tuesday last the Superior court of judicature, &c. met according to adjournment, when the jury were impanelled; after which the said court adjourned to Tuesday the 7th day of June next, and not the 14th.
We hear from Acton, that one day last week a large, new dwelling-house belonging to Mr. Titus Law, of that town, was entirely consumed by fire, together with the greatest part of the furniture.
On Monday last arrived at Martha's Vineyard, the ship Isabella, Benjamin Heming, master, from Newcastle on Tyne, in England, which place he left on the 7th of October, bound to Philadelphia, and on the passage was in great distress for want of water, having none from the 29th of January to the 11th of February, but what they distilled from sea water in the ship's Kettle; for a long time before they had been at very short allowance, and the crew so sickly as not to be able to work the ship; and most certainly have perished, had they not providentially met with the sloop Edmund, Capt. Lunt, from Newbury-Port, bound to Granada, on the 11th instant, in latitude 39, 10. longitude 63, all well, who generously supplied them with water, &c. and to whose humanity they are indebted for the preservation of their lives.
MARRIED. J. Dr. Robert Cutler, of Pelham to Mrs. Esther Guernsey, of Amherst.
T U E S D A Y, March 1. B O S T O N.
We hear from Marblehead, that one day last week two or three persons were taken up there, and committed to Salem goal, on suspicion of being concerned in setting fire to the inoculating hospital lately burnt at Cat-island; upon which 4 or 500 persons assembled from Marblehead, and went to the goal, where they obliged the keeper to deliver up the keys, by which they soon released the prisoners, and went off in triumph.
We hear from Framingham, that one Mr. Jacob Gibbs, of that place, the beginning of November last had nine children alive, from about twenty years of age and under, but before the end of December seven of them died of the throat distemper, and that only one of the eldest and youngest now remain.—In about the same time four or five more in several other families, within sight of Mr. Gibbs's house have died with the same disease.
CHARLESTOWN, (S. Carolina) Jan. 28.
Since our last we have had several alarming accounts of hostilities committed by the Creek Indians against his Majesty's subjects in the province of Georgia.
The murder of the person named White, and his family, at Ogeechee, on Christmas-day, formerly mentioned, served only to alarm that settlement, and induced another settler named Shirrol, who proposed to make a stand against the Indians, to set about erecting a stockade fort, one side of which he had completed on the 14th of this month, when a party of Indians, about 15 in number, came upon him about 9 o'clock in the morning, attacked and killed seven and wounded four others; one having run at the first onset, the people in the house were reduced to three, viz. two white lads and one negro, who behaved with great bravery till 4 o'clock in the afternoon, when the negro had the good fortune to shoot one of the Indians, supposed to be their leader, as they immediately drew off without carrying with them the dead bodies of four of their number killed during the attack. After this, serjeant Stuart, with a party of the Rangers, came to their relief.—Capt. Barnard of the Rangers buried the dead reconnoitred the boundary line, and returned, having dispatched Lieutenant Keating, with a party of the Rangers, to Williams's Creek, near the old line, where some people intended to build a fort.
On the 17th of this month, Col. Grieron set out from Augusta for the frontiers, with a detachment of the militia, for the protection of
the inhabitants, and to make discoveries of the real intentions of the Indians. At Wrightborough he was joined by some other detachments, and mustered in all one hundred men. On the 20th they marched to the old boundary-line, and encamped at Williams's Creek, and sent out parties who returned without making any discoveries. On the application of the survivors of Shirrol's family, two officers and twelve men were detached to protect them, and to assist in bringing off their cattle and other effects, who hearing of two or three Indians being seen within two miles of them, the officer who had the command insisted on their retreating immediately, and they returned in the night of the 23d, to the camp, where a court-martial was holden, and the principal officer, being found guilty of breach of orders, and neglect of duty, was cashiered. It was thought necessary to send another party on the same service, and Capt. Goodgion, Lieut. Grant and two other officers, readily offered themselves, and set out with about thirty-five men. When they came within a mile or less of where Shirrol lived, they were surprised by a considerable number of Indians, who fired upon them from an eminence and killed Lieut. Grant with six others, and wounded two, one of them mortally. The Indians were all naked and painted black, with a little red about their eyes, the signs of war. Their number is said to be upwards of 100. The remainder of the party got back to the camp a little after sunset, and immediately all the detachment deserted, except between 20 and 30 men, who had only in their power to assist the out settlers in getting down the country to places of greater safety.
An affidavit, taken before a justice of peace at Ninety-Six, says that the first party, detached towards Shirrol's place was joined by a small party of the Georgia Rangers; and that the second detachment under Capt. Goodgion and lieutenant Grant, was joined by a party of the same Rangers, commanded by Lieut. Keating, before the attack made by the Indians.
A letter from Augusta, dated on 25th January, says "it is now beyond a doubt that the Creek Indians are our enemies, and that they mean to exterminate us if they can. They have lately killed near thirty white people, and it is generally believed there is not a trader left alive in the nation. All the people up the river are moved off, and this place is now become the frontiers of the province. Col. Grieron, who has been out with a party of the militia, as far as Ogeechee, returned yesterday afternoon, after a small skirmish with the Indians, in which poor Grant and some others fell."
We learn from Fort Charlotte, that Taylor, of Col. Savage's regiment of militia, was to set out on, on this day, with a party of volunteers, to destroy the Indian settlements on the Okonee and Ocmulgee river; a measure which many with may not be attempted, as they are apprehensive it will be attended with fatal consequences.
This day a messenger arrived express from the country of the upper Creeks, with dispatches to the honorable John Stuart, superintendant of Indian affairs, who is now in Georgia concerting measures with Sir James Wright in the present critical juncture. The messenger was seventeen days on his journey, and says there was no disturbance in the Creek nation when he left it, the principal Indians being all from home. The late murders, it is said were committed by the Cowetas and other lower Creeks.
W E D N E S D A Y, March 2. B O S T O N.
* * * Our last paper, No. 160, completed three years, since its first publication. The printer earnestly REQUESTS----- &c. !!
We have not been able to procure the particulars relating to the disturbances in Marblehead and Salem, therefore shall omit saying any thing of the matter till we get good information.
DIED. J. Mrs. Anna Vergoofe.—Mrs. Elizabeth Hewes, Relict of the late Samuel Hewes, Esq; of this town, merchant.—Miss Patty Johnson, daughter of the late Mr. Andrew Johnson, distiller.—Capt. Walster, at the North-End.—Mrs. Hill, widow of the late Mr. Hill.—Mrs. Leadin, widow.
At Charlestown, Mrs. Sarah Austin, widow of the late Capt. Thomas Austin.
T H U R S D A Y, March 3. B O S T O N.
The Oration in commemoration of the tragic fifth of March, 1770, will be pronounced at the Old-South meeting-house, by the Hon. JOHN HANCOCK, Esq; on Saturday next at 12 o'clock. But as the evening of that day, by a law of the province, is considered the commencement of the Sabbath, the exhibition portraits of the premeditated murderers, and the slaughtered citizens, will be put off to Monday evening following, to be at Mrs. Clapham's, in King-Street.
There will be a collection made, we are informed, on the fifth of March, for the poor unfortunate young Monk, who was wounded on the fatal evening of March 5th, 1770, and still remains a living monument of that horrid massacre.
The public lamps, in this town being all put up, a number of them were lighted last evening for the first time.
The public are hereby notified to beware of counterfeit dollars, dated 1770, four or five were given to a gentleman this week, at different times, for payment, but were by him discovered.
Extract of a letter from the County of Plymouth. "The House of Representatives just begin to feel their own importance. The golden age of this province never
it Influenced by None.
Repository in thy JUST Defence. For F
To be SOLD, A NEW COPPER STILL, contains one hundred gallons; three hundred hogheads of Lisbon SALT. Enquire of the Printer.
To be SOLD, A VERY good BILLIARD TABLE, with balls, tacks, &c. compleat. Enquire of the Printer.
WHEREAS I the subscriber intend leaving off the Baking business very soon, do take this opportunity of returning my thanks to those gentlemen and ladies who have favoured me with their custom, since my late husband's decease. MARY SURCOMBE. N. B. A very good horse and handsome chaise to be sold. Enquire of Mary Surcombe. The business will be carried on as usual by Mr. William Flagg. Boston, February 23d, 1774.
This is to acquaint all gentlemen and ladies that the baking business will be carried on as usual, by the subscriber, who is determined to give universal satisfaction. WILLIAM FLAGG.
OATS. QUEBEC and Nova-Scotia OATS. Also, Nova-Scotia Peas. To be SOLD by JOSEPH P. PALMER. At the lowest store on the fourth side of the Town-Dock.
GARDEN SEEDS, IMPORTED in Capt. SHEPHARD from LONDON And to be SOLD by ELIZABETH GREENLEAF, At her shop to the southward of the lane leading to Dr. Byles's Meeting-house, BOSTON.
EARLY Charlton, early golden hotspur, early Hotspur, large Dwarf, and green Marrowfat, white Roundval, Ledman's Dwarf and Spanish Marrowfat Peas, large Windsor, Toker, early yellow Dwarf Kidney, and large white Beans, red, purple, orange, and yellow Carrot seeds, early Yorkshire, early Dutch, early sugar loaf, early Battersea, red, large, winter, green, and yellow Savoy, early and late Cauliflower, Cabbage: green and white Gols, brown duck, Madeira, spotted, and Mogul Lettice seeds: red, white, Spanish, Portugal and silver skin Onion Seed: green and white Endive, swelling Parsnip, red Beet, Thyme, Baum, sweet Majoram, Sage, and summer favory seed; scarlet, salmon, short top and turnip Radish seeds, summer and winter Spinage early and late cucumber, early Dutch and French Turnip Seeds: Parsley, Pepper Grass, Asparagus, Celery, Lavender and white Mustard seeds: water and musk Melon seeds: summer and winter Squash seeds; Hemp, Rape and Canary bird feed; choice split Pease by the large or smaller quantity.—N. B. English GOODS.
New AUCTION-ROOM, Cornhill. On TUESDAY next, At TEN o'clock, Will be Sold by PUBLIC VENDUE, At GREENLEAF'S Auction-Room, A VERY Large Assortment of ENGLISH and HARD WARE GOODS, as usual. W. GREENLEAF, Auctioneer.
GARDEN SEEDS. Imported in Captain HOOD from LONDON, And to be SOLD by SUSANNA RENKEN,
At her Shop near the Draw-Bridge, Fore-street, BOSTON. EARLY Charlton, early golden Hotspur, white Roundval, green Marrow, Spanish Marrowfat, crooked Sugar and Ledman's dwarf PEAS, Toker, best Windsor, early Lisbon and large Dutch Kidney BEANS, Stranburgh, Spanish silver-skin and Portugal Onion, orange, early short, early yellow and scarlet Carrot, swelling Parsnip, early early, early short-topped London, Salmon Turnip, Spanish and scarlet Radish, early Frame, white Cabbage, white Gols, early green Gols, large green Gols, bloody Gols, Aleppo Gols, brown Dutch, marble, royal brown Dutch, Imperial, Tennishall and Capuchin Lettice, prickly and round Spinage, red Beets, Italian and solid Celery, curled Peppergrass, Indian, Cresses, curled and large rooted Parsley, early and late Cauliflower, early Yorkshire, large Battersea, early Dutch, large Scotch, large Winter and Turnip Cabbage, green and yellow Savoy, long & early prickly, green Turkey and long Roman Cucumber, Baum, sweet Majoram, Thyme, Rosemary, Lavender and sage Seed, white Mustard, Hemp, Rape and Canary Seed, broad red and fine white Clover, Lucerne, Rye Grass and other Grass Seeds, Durham best Flour Mustard, Split Peas.—Groceries, English and India Goods all which may be had cheap for Cash.
Harvard-College LOTTERY, 5000 DOLLARS the highest Prize, Not two Blanks to a Prize.
THE Public are hereby informed, that the Managers of HARVARD COLLEGE LOTTERY, are very desirous the drawing of said LOTTERY should commence as soon as possible; they would therefore be glad those who have subscribed for tickets would send for them, and those who intend to be adventurers, would purchase their tickets immediately.
To the PRINTERS. TWO COMPOSITORS, who understand the Business, and will keep steadily and soberly at it, are wanted immediately by the Printer hereof. N. B. Constant employ, and good wages.
On THURSDAY next, Will be sold by PUBLIC VENDUE, At BICKER'S AUCTION-ROOM, Near the Conduit,
A GREAT Variety of GOODS, as usual. M. BICKER, Auctioneer.

The following is an answer to the Letter directed to Judge Ingersoll, (signed "RUSSEL") in our last, by some supposed to be wrote by said Judge. The Reply will be in our next.
From the PENNSYLVANIA JOURNAL. THE author of the address to the Judge of the Vice-Admiralty Court in this place which made its appearance lately in the public papers, has advanced some things respecting the supposed powers intended to be delegated by the commission constituting that court, which appear to me, to require some particular notice and remark.
I am aware, under how great disadvantage any writer must expect to labour, who shall venture to engage on the side of a Court of Admiralty; but however popular and general prejudice may tend to hinder the truth from the understanding, yet happily for me,
INDEPENDENT WHIG: OR, A DEFENCE OF PRIMITIVE CHRISTIANITY, and of our ECCLESIASTICAL ESTABLISHMENT, Against the extravagant Claims of Fanatical and Disaffected CLERGYMEN.
CONTENTS.
Dedication. Lower House of Convocation. Numb. 1. The Introduction. 2. The design of this paper. 3. of the Contempt of the Clergy. 4. of the Explication of the Scripture. 5. The Unfitness of bad Clergy to teach others. 6. of Creeds and Confessions of Faith. 7. Of uninterrupted Succession. 8. Of uninterrupted Succession. Part 2. 9. Of the Cleanness of Scripture. 10. Of Orination. 11. The advantageous Situation of the Clergy, strangely inconsistent with their common Cry of Danger. 12. The Enmity of the High Clergy to the Reformation, and their Arts to defeat the End of it. 13. The Church proved a Creature of the Civil Power, by Acts of Parliament, and the oaths of the clergy. 14. The Clergy proved to be Creatures of the Civil Power, by the Canons, and their own public Acts. 15. The Absurdity and Impossibility of Church Power, as independent on the state. 16. The Inconsistency of the Principles and Practices of High-Church; with some Advice to the Clergy. 17. Reasons why the High-Church Priests are the most wicked of all men. 18. A general Idea of Priestcraft. 19. Ecclesiastical Authority, as claimed by the High-Clergy, an enemy to religion. 20. Of Chaplains. 21. A Comparison between the High-Church and Quakers. 22. Priestcraft corrupts every thing and perverts the Use of Words. 23. Of Zeal. 24. Of Persecution. 25. Of Consecration. 26. Of Faith and Morality. 27. Of Fasting. 28. Of Authority. 29. Of Education. 30. Of Education. Part 2. 31. Of Ceremonies. 32. Of Ceremonies. Part 2. 33. The Ignorance of the High-Church Vulgar, and its causes. 34. Of Fasting. Part 2. 35. Of Reason. 36. Of the Peace of the Church. 37. The Enmity of the High-Clergy to the Bible. 38. Of Penance, and Religious Revelings. 39. Priests afraid of Ridicule. 40. Of Priestly Cruelty. 41. Of High-Church Atheism. 42. ditto. Part 2. 43. ditto. Part 3. 44. ditto. Part 4. 45. ditto. Part 5. 46. All Priestly Power inconsistent with the Gospel, and renounced by it. 47. The same subject continued. 48. An Inquiry into Religious Establishments; with a further Confutation of the impious and absurd Claims of High-Priests. 49. Of the three High Churches in England. 50. An Analogy between ancient Heathenism and modern Priestcraft. 51. Priestly Power founded on the Weaknesses of human Nature. 52. The folly of the Clergy's demanding Respect when their Characters are bad, with the Equity of universal toleration, and of judging for ourselves. 53. Of mutual Charity and Forbearance. 54. The Vanity as well as Wickedness of Persecution. 55. Force and Fraud, how opposite to the Spirit of Religion. The very different Effects of religious Liberty and false Zeal. 56. Mutual Bitterness and persecution amongst Christians, how repugnant to the Gospel, and how shocking to a rational Pagan. 57. Of the strange Force of Education, especially in Matters of Religion. 58. In what only true Religion consists.
The Book, which will contain near 400 Pages in Octavo, will be printed on a good Paper, with a fair type, and will be begun as soon as 300 Copies are subscribed for. Those who subscribe for five Books, shall have a sixth gratis. The Price to be One Dollar each, neatly bound and lettered. The Subscribers Names to be printed. SUBSCRIPTIONS are taken in by SAMUEL and EBENEZER HALL, (by whom the Book is to be printed) in SALE, and by a Number of Gentlemen in different Parts of the Province.
Duncan Ingraham, jun. Has now for Sale at his shop in Union-Street, Boston, a compleat assortment of European Piece Goods.
Suitable for the present Season, Which he will sell great Pennyworths for cash. The following
Articles of Hard Ware, He will sell for near the cost, on examination, they will be found to be very low charged.
Table knives and forks, portmanteau locks, bias Stag and duffle pruning nails, thimbles, two f-et knives, joint rules, tap borers. Penknives, two cases rasps, files, thumb latch very neat knives and es, marking irons, gimblets, frying pans, Jews Scissars, shears, cuttoes, harps, gilt buttons, steel razors, chizzles, gouge, watch chains, quadrille ges, wheat scythes, crofs dither, very neat bras cut faws, hand faws, cork machines, snuff and tennant and dove tail tobacco boxes, near paws, curling and pinch- per do. ink pots, combs ing tongs, hammers, ve- of all sorts, desk and ry nice padlocks, ele- book case furniture, H gent bias plate locks and H. hinges of all for out and inside doors, sizes, chest hinges of all box locks, chest and sizes, table butts, cart cupboard locks, secret and chaise boxes, hoes.
A L S O, Several compleat sets shoe makers tools one compleat set carpenters, do.
IRISH LINENS. William Scott,
At his Irish Linen Store, in Ann-Street, between the Flat-Conduit and Draw Bridge, B. fton, has imported from Ireland.
A LARGE quantity of 3-4ths. 7-8ths. and yard wide Linens, Diapers, Table cloths, Sheeting.
Said Store is also furnished with a great variety of
European and India GOODS, suitable for the season, amongst which are some nice cinnamon coloured and mixed Bath coatings, superfine blue and scarlet knapped ditto, cloth coloured scarlet and crimson broad cloths, torelt cloths, baizes, duffels, &c.
Double Camblets, Cambelcens. Denmark and Prussian suits, crapes, do.ettens, Irish camblets, grizes, fiveretts, miffionets, &c.
Black and cloth-coloured India tafiasies, flowered and plain black, white, crimson and pink fatins, capuchin silks, sarfensets and mocs of all colours; Hosiery plain and ribbed.
His general assortment for Men's and Women's wear consists of two great a multiplicity to be enumerated in a public advertisement. All which will be sold by wholesale and retail at the lowest reduced prices for ready money only, a few very large Scotch Carpets.
A fresh Importation of Doctor Hemet's celebrated Essence of Pearl and Pearl Dentifrice for the preservation of the Teeth and Gums, to be sold at the London prices, cakes for the liquid shining Blacking for shoes, boots and Leather bottom chairs.
A few pieces of Ducapes, Luteftrings and English Damask, to be sold at the sterling cost; a large quantity of flowered Scots Lawns, on the same terms.
SILKS And Superfine BROAD CLOTHS.
A Prime assortment of Padufoys, Ducapes, Luteftrings; plain and figured fatins, damask, sarfensets, &c. — superfine, fashionable coloured broad cloths, with suitable Linings and Trimmings.
To be sold at an exceeding low rate, by JOHN BARRETT & SONS, At their Shop near the Mill-Bridge, Boston, Where may be had, all kinds of English, Scotch, India, Hard-Ware and Cutlery GOODS. By Wholesale or Retail, Extremely cheap for cash or short credit.
Just published, (price 111. L. M. well bound.)
And to be SOLD by James-Foster Condyl, At his BOOK STORE in Union-Street, directly opposite the Cornfield, Boston,
AN Abridgment of Burn's Justice of the Peace, and Parish Officer: To which is added,
An APPENDIX containing some general rules and directions necessary to be known and observed by all Justices of the Peace.
Also to be sold at said store, (very reasonably) the following books printed in America, viz:
Blackstone's Commentaries, 5 vol. Robertson's History of Charles 5th 3 vols. 8vo. Hutchinson's history, 3 vols. 8vo. Paladium of Conscience, 4to. Evans's poems, 8vo. Vicar of Wakefield, 12mo. D'Israeli Gentleman's answer to Mr. White's three Letters, 12mo. PAMPHLETS. Poem, entitled the Grave. Doddridge's Family Religion. Smith's Essay on Universal Redemption. Recovery from Sickness. Rush, on Mineral Waters. Critical Commentaries against Bishops. Sermons to Doctors in Divinity. (Lord Sommers) on Nations and Kings. (Death.) A Poetical Essay. Letters from Yorick to Eliza. Sermons to Affes. History of Belisarius, &c. &c. &c.
At said store may be had, the most modern and esteemed books, in every branch of polite literature, arts and sciences, (catalogues may be had at said store) at such prices as will fully satisfy the purchaser.
A LARGE quantity of LIGNUM VITAE, of different sizes, uncommon straight and sound; to be sold cheap for cash, or barter for any merchandise that may offer and suit the owner. Enquire of the Printer,
A SMART, active Lad, who is neither a Macaroni, or a Sloben, is wanted as an APPRENTICE to the Printing Business. Enquire of the Printer hereof.
GARDEN SEEDS.
A large assortment of GARDEN SEEDS, Imported from LONDON, in Capt. Shepherd, Also, an assortment of AMERICAN SEEDS, Sold at the following prices (in sterling money) per pound, pea and beans, per bushel, and very cheap per smaller quantities, for ready money only, by JOHN WHITE, Gardner, and Seeds-Man, in SEVEN-STAR LANE, BOSTON.
   Per Bushel. Per Pound.     EARLY Hotspur Peas 11. Cured cresses, 2s. 6d.   Early Charlton do. 11. White Mustard, 2s. 6d.   Early Golden Hotspur, do. 11. Cured Parsley, 2s. 6d.   Spanish Morotto do. 11. Red Beet, 3s.   Flanders Hotspur do. 11. Solid Celery, 4s.   Green Roundival do. 11. Italian Celery, 4s.   Dwarf Marrowfat do. 11. Asparagus, 3s.   Large Marrowfat do. 11. Melon of several sorts, 12s.   Hotspur Beans, 12s. Water Melon, 4s.   Lisbon do. 12s. Early Winter Cabbage, 15s.   Windfor do. 18s. Early Dutch Cabbage, 8s.   Broad Spanish do. 18s. Early Battersea ditto, 8s.   Dutch Running do. 18s. Large English Cabbage, 8s.   Early French do. 18s. Late Dutch Cabbage, 8s.   Kidney Beans of several sorts. 18s. Yellow Savoy Cabbage, 4s. 6d.   Per Pound. Green Savoy Cabbage, 6s.   Strasbourg Onion, 4s. 6d. Yellow Savoy Cabbage, 6s.   Red Spanish do. 4s. 6d. Sugar-loaf Cabbage, 8s.   Silver Skin do. 4s. 6d. Red Cabbage, 10s.   Yellow Spanish do. 4s. 6d. Long green Cucumber, 4s. 6d.   London Leek, 5s. Early Cucumber, 4s. 6d.   Orange Carot, 3s. 6d. Cale, 8s.   Lemon do. 3s. 6d. Hyssop, 8s.   Parnip, 2s. Summer Savory, 8s.   Green Turnip, 1s. 10d. Sweet Marjoram, 10s. 6d.   Early Dutch do. 2s. Thyme, 10s. 6d.   Yellow do. 2s. 3d. Balm, 12s.   Stone do. 2s. 3d. Sage, 12s.   Red do. 2s. Summer Squash, 4s.   White do. 1s. 10d. Cured Colewort, 5s.   Mixed do. 1s. 10d. White Orice, 2s. 6d.   Salmon Raddish, 1s. 10d. — Dried sweet Herbs —   Sandwich Raddish, 1s. 10d. Summer Savory, 1s.   Short-top Raddish, 1s. 10d. Sweet Marjoram, 1s. 6d.   White Turnip Raddish, 3s. 6d. Sage, 1s.   Green Cofs Lettice, 7s. Balm, 1s.   Imperial Lettice, 7s. Rue, 1s. 6d.   Marvil Lettice, 7s. Thyme, 1s. 6d.   Albany Lettice, 7s. Mint, 1s.   Cabbage Lettice, 7s. Marsh Mallow, 1s.   Brown Dutch Lettice, 7s. Hyssop, 1s.   Button Lettice, 7s. Garlick, 9d.   Endive, 9s. Shalots, 6d.   Round Spinage, 2s. Horse Raddish 5d.   Prickley Spinage, 2s. half-penny.  
ALSO, a large variety of FLOWER SEEDS and PLANTS, too numerous to mention here.
PROPOSALS For printing by SUBSCRIPTION,
THE Memoirs of the Life of the Rev. GEORGE WHITEFIELD, M. A. Late Chaplain of the right Hon. the Countess of Huntingdon. In which every circumstance worthy of notice, both in his private and public character is recorded. Faithfully selected from his original papers, Journals and Letters. Illustrated by a variety of interesting and entertaining Anecdotes, from the best authorities.
To which are added, A particular account of this Death and Funeral, and extracts from the Sermons which were preached on that occasion. By the Rev. JOHN GILLIES, D. D.
CONDITIONS. I. It shall be printed in large Twelves, on good paper and with new and neat types. II. It will consist of about three hundred pages, and the price to the subscribers will be no more than Six Shillings, neatly bound and lettered, although the London edition is nearly double that price. III. It shall be put to the press as soon as 300 have subscribed; and the names of the subscribers printed at the beginning. IV. The books as soon as finished, will be delivered to the subscribers upon paying Six Shillings. V. Those that subscribe for twelve shall have a thirteenth gratis.
Subscriptions are taken in by PHILIP FREEMAN in Union-street, facing the Cornfield, and PHILIP FREEMAN, jun. near Liberty-Tree, in Boston, and by all the Printers and Booksellers on the Continent.
GRENADA RUM.
A FEW hogheads of choice GRANADA RUM , to be sold by JOSEPH P. PALMER , at the lowest store on the south side of the Town-Dock.—Cheese, Coffee, Chocolate, &c. as usual. N. B. NO TEA.
To be sold, a set of braizers tools cheap, for cash, and a pair of bellows. Enquire of the printer.
ANY Gentleman who inclines to engage in the Employment of a
SCHOOL-MASTER, by enquiring of the Printer hereof, may hear of a good School in a populous seaport town. If agreeable, he may engage in the School for Life, with a good prospect. February 2, 1774.
This day was published, price 6d.
The BOSTON SHEET ALMANACK, For the year of our Lord God 1774; Being the second after Bissextille or Leap year.
CONTAINING, Many things both useful and entertaining. Proper for merchants, shopkeepers, &c. to paste or hang up in their stores, shops, &c. Printed and sold by I. THOMAS , near the Market, and MILLS & HICKS , in School-street.
To be SOLD at the Shop of CHARLES LOWE
In Marshall's Lane, facing the Boston-Stone,
FINE Lisbon OIL, by the gallon quart or less. Best Durham Mustard, by the pound or less. Red Herrings, by the hundred or less. Choice Dorchester Beer, by the gallon or quart. Fine Currants and Raisins, by large or small quantities.
Dumb and Merchantable Fish, by the Quintal or smaller quantity.
A L S O, Loaf and Brown Meloffes, Sugars, Cotton Wool, Rice, Indigo, Flour, Raisins, Alspice, Pepper, Nutmegs, Spermaceti Oil, Coffee, Dumb Fish, Chocolate, Indian and Rye Meal. And many other ARTICLES.
This day is published, And to be sold at
RUSSELL'S Printing Office
Next the Cornfield, Union-street, near the Market, Price One Shilling, large allowance to Travelling Traders, and others, who purchase to sell again;
AN Argument in the case of JAMES SOMMERSET, a Negro, lately determined in the court of King's Bench: Wherein it is attempted to demonstrate the present unlawfulness of domestic slavery in ENGLAND. To which is prefixed, a state of the case. By Mr. HARGRAVE , one of the counsel for the Negro. This remarkable and interesting trial, which has so much engaged the attention of every friend of personal and civil LIBERTY in Europe, is now published by the encouragement and request of a number of its votaries in this FREE AMERICAN clime, and was so much admired for its precision and elegance, that an edition of some thousands has been vended in England, at the rate of two shillings sterling per book, but is now published at the humble price of one shilling lawful, in view that all persons may be in possession of this useful, entertaining, and cheap pamphlet. Surely it cannot fail of having the most salutary effect at any time, but especially when a matter of the greatest moment, respecting PERSONAL FREEDOM is to be argued before the superior court the next term: We mean the trial of ABRAHAM STOCKBRIDGE . Perhaps on these two important and decisive trials may depend the future happiness of millions yet unborn: Should this be the case, what sincere friend to liberty and the natural rights of mankind, but must with such a set of Jurors may be found, on the trial of ABRAHAM , who uninfluenced either by interest or party, will venture to give a verdict in favour of liberty justice, and humanity. Sure we are they will have their names enrolled with honour among the first patriots of their country, as having been instrumental in abolishing iniquitous and disgraceful a practice of ENSLAVING our fellow men, which so dishonors the human species, but more especially those who dwell in a free christian country! A custom which the law of God forbids, and nature fludders even at the thought! We shall here give a short specimen of the ingenious Mr. HARGRAVE's file, which we trust, may not be unentertaining to those who have a taste for polite literature: Our author, when speaking on the importance of the case says, "Though the learning and abilities of the gentlemen with whom I am joined on this occasion, have greatly anticipated the arguments prepared by me; yet I think, that the importance of the case will excuse me for disclosing my ideas of it, according to the plan and order which I originally found convenient to adopt. The case before the court when expressed in few words, is this, Mr. Stewart purchases a negro slave in Virginia, where by the law of the place negroes are slaves, and saleable as other property. He comes into England and brings the negro with him. Here the negro leaves Mr. Stewart's service without his consent; and afterwards persons employed by him seize the negro, and carry him on board a ship bound to Jamaica, for the avowed purpose of transporting him to that island, and there selling him as a slave. On an application by the negro's friends, a writ of habeas corpus is granted; and in obedience to the writ he is produced before this court, and here sues for the restitution of his liberty. The questions, arising on this case, do not merely concern the unfortunate person who is the subject of it, and such as are or may be under like unhappy circumstances. They are highly interesting to the whole community, and cannot be decided, without having the most consequences; without extensive influence on private happiness and public security. The right, claimed by Mr. Stewart to the detention of the negro, is founded on the condition of slavery in which he was before his master brought him into England; and if that right is here recognized, domestic slavery, with its horrid train of evils, may be lawfully imported into this country, at the discretion of every individual foreign and native. I will come not only from those of our own colonies, and other European nations, but from Poland, Russia, Spain, and Turkey, from the Coast of Barbary, from the western and eastern coasts of Africa; and from every part of the world, where it still continues to torment and dishonor the human species. It will be transmitted to us in all its various forms, in all the gradations of inventive cruelty; and by an universal reception of slavery, this country, so famous for public liberty, will become the chief seat of private tyranny." The above pamphlet is recommended to the perusal of the gentlemen of the law, as it contains a great number of citations from the most approved ancient and modern authorities, in favour of personal liberty. At the same place may be had a few of the fourth edition of STILLMAN's Sermons to LEVI AMES . This is the only edition, that contains the Life, dialogue, &c.
CHOICE PEAS, Isle of Shoals DUMB FISH, BEEF, RYE, a few barrels RYE FLOUR, and PORK, to be SOLD by JOHN BARRETT and SONS, near the Mill-Bridge.
WANTED.
TEN GUINEAS, for which ample security will be given. Enquire of the Printer.
All persons indebted to the PRINTER hereof, will greatly oblige him by making speedy payment.
BOSTON: Printed by ISAIAH THOMAS,
At the Bottom of ROYAL EXCHANGE-LANE, near the MARKET, Dock-Square, (over Mr. T. WALLEY's Store) where all Persons may be supplied with this Paper at Six Shillings and Eight Pence Lawful Money, per Annum, unsealed, and Eight Shillings sealed and directed; and where Articles of Intelligence, &c. are thankfully received: ADVERTISEMENTS taken in.—PRINTING in its various Branches, performed in a neat Manner, with the greatest Care and Dispatch, on the most reasonable Terms. Small HAND-BILLS at an Hour's Notice. SUBSCRIPTIONS for the S P Y are also taken in by J. Larkin, Chairmaker, and Mr. W. Calder, Painter, in Charles-town; Mr. J. Hulter, Watch maker, in Salem; Mr. B. Emerton, Bookseller, in Newbury-Port; Mr. M. Belcher, in Bridgewater; and by Dr. Elijah Hewins, in Stoughtonham.