The Massachusetts spy, or, Thomas's Boston journal (Boston [Mass.]), 1774-03-10 00:00:00

THE Massachusetts Spy
Or, Thomas's Boston Journal.
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 10, 1774.
[NUMB. 162.
From the PENNSYLVANIA PACKET. "From a FREEMAN to be tenant at will of his LIBERTY: I will not agree to it.--It is a tenure not to be found in all Littleton."
LETTER II.
To the JUDGE of the HIGH COURT of ADMIRALTY at PHILADELPHIA.
SIR, THERE is no occasion to make any apology for considering you as the writer of a piece, published in the Pennsylvania Packet last week, under the signature of Civis in which an attempt was made to vindicate your commission. The stile and matter so effectually betray the author to the public, as if his name had been subscribed to it.--It is but justice however to say, that the decency and moderation, with which it is written, are worthy both of praise and imitation. We seldom see disputes, especially where a man's interest is so intimately concerned, conducted in a manner so little liable to exception. No person can possibly respect you more for such behaviour than I do.
The controversy, Sir, seems to turn wholly on the following question; namely, whether your commission does not give you power to try many causes, both civil and criminal, which are, and ought to be, cognizable only in courts of common law. In order to prove the affirmative of the question, I thought it the best way, to ascertain the line of jurisdiction, between the courts of Admiralty in England, and the General courts established by the municipal laws of the country. This line, as drawn in England, I endeavoured to compare with that delineated in your commission. From the comparison I ventured to infer, that the lines were by no means parallel.--This, however, you have thought proper to contest, and boldly insist, that there is no difference between the Admiralty jurisdiction, as exercised at this day in England, and that authorised by your commission. The authorities, however, which I cited out of the fourth institute, you are so prudent as not to contradict, or even attempt to explain away.--They sufficiently prove that the court of Admiralty in England, hath no jurisdiction in any action with regard to freight, charter parties, policies of insurance, bottomry bonds, &c.--You only oppose to them "a few passages transcribed" out of Beawes's mercantile dictionary . With regard to the first of them, viz. "that 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 case of building, mending, saving, and victualling ships, &c. so as the suit be against the ship, and not only against the parties." It is only necessary to observe, that the book there cited, I mean 2. Croke , 216, has no authority to support any such thing. There is not indeed, as far as I could find, the least foundation in all Croke's reports, for the assertion. Where Beawes met with it, I am at a loss to tell, unless it was in Godolphin's jurisdiction of the Admiralty, or in Ridley's view of the civil law: Books, which are high enough in their claims, for the power of courts of Admiralty; and which have therefore been long since exploded as authorities on that head. But wherever it was taken from, it can only be true, as far as it regards mariner's wages. The distinction that the Admiralty hath jurisdiction, in case of a charter-party, so as the penalty be not demanded, is found only among the advocates for the extension of the civil law. Sir Edward Coke , when he says, that the Admiralty cannot meddle with causes on charter-parties, is perfectly silent as to it: So indeed are all the other books of the common law; and these, as a lawyer, you cannot but know, are esteemed much better authorities in Westminster-Hall , than Ridley , Godolphin or Beawes .
Your next authority is likewise "transcribed" from the same author, and is by him taken from Wood's institute of the civil law. With regard to the substance of it, I shall only say, that it is expressly contradicted by the books of the common law in every article, except that of suing in the Admiralty for seamen's wages, and on the hypothecations. It would be endless to multiply authorities on this head.--It has been determined more than once, that a court of Admiralty cannot hold plea of any contract under seal, except in the instance of an hypothecation. Hence it is, that if sailors make any special agreement under seal, with regard to the payment of their wages, they cannot afterwards recover them in a court of Admiralty.† This too, will serve to shew the futility of the distinction you aim at, with respect to charter-parties, which are always under seal. It must be owned, indeed, there is a confusion, if not a contradiction, in some of the law books, as to the objects of the jurisdiction of a court of Admiralty in England. I have not the leisure at present, nor indeed, would it suit the limits of a news-paper disquisition, to attempt to reconcile them. Upon the whole, however, I cannot help thinking, that the general principle, viz. "that the Admiralty hath no jurisdiction where the contract is made on land, though it is to be executed on the sea; or where it is made at sea, and to be performed at land," will appear to every person in America (yourself excepted) to be the established rule of decision.‡ No doubt there may be an exception to it, as in the common case of mariners suing for wages; which is said to be an indulgence of the courts of common law, from compassion to sailors: And an indulgence it must certainly be; for whenever they are sued, it must not be in a court of Admiralty; but like other persons, they must be sued at common law for the violation of their contracts. Though you have so obligingly offered your assistance to our ship-wrights, and promised to get their "dues" for them in the compass of a few days, yet, I trust, even supposing you had a right to decide such causes, they have
2 Pere William , 367. Sullivan's Commentary on Magna Charta , 305, who says, "the next court that the law of the land allows to proceed to sentence, without a jury, is the court of Admiralty; and that for absolute necessity: For as its jurisdiction is not allowed, as to any thing that happens within the body of a county, except in one particular instance, contracts for sailors wages, but extends only to things done on the sea, or at sea to contracts made in foreign countries, (though this last is denied by the lawyers of our days, to belong to them) there being no place from whence a jury can come." See also B. Com. 207, to the same purpose.
† Sala . 31. 2. Sid. 908. 1078.
‡ Sula . 24. 3. E. Com. 207. H. B. 11. 12.
too high a sense of the infinite superiority of the trial by jury ever to commence an action in a court of admiralty. I cannot dismiss this part of the argument without citing an authority from one of the latest books of report. A pilot sued in the Admiralty for piloting a vessel in the river Thames from Sea-Reach to Deptford . After hearing council, a prohibition was ordered by the whole court of common pleas: and they expressly say, "there is no instance to be found where the contract was at land, and to do the work on board, within the body of some county, that the common law courts have ever permitted the Admiralty to have jurisdiction." This case alone is a sufficient answer to your assertion, that a court of Admiralty hath cognizance in actions of debt for building or mending of ships. The reporter adds, note, by stat. 15. Rich. 2. ch. 3. of all contracts and things done, within the bodies of contracts, as well by land as by water, the Admiralty's court hath no jurisdiction.
The next part of the defence of your commission is perfectly curious and new. You charge me with having confounded the idea of crime and felony, and very gravely assure me, that every crime does not include a felony. And pray, what then?--Have I said that every crime amounts to a felony?--Far from it, Sir, I have only said, that under the description of "offences, suspected offences, and crimes," your commission gives you power to try all those that are recited in the stat. of Hen. 8. ch. 8. and that, therefore, it is a virtual repeal of that law. It is evident to the common sense of mankind, that the indefinite expressions of "offences, suspected offences and crimes," must include treason, robbery, murder, piracy, &c., unless you can suppose they are not offences or crimes. My conclusion, therefore, that a suspending power is assumed by the Crown, stands in full force against you. I thank you for the candid acknowledgment, that the 28 of Hen. 8. has altered the mode of trial for those capital offences, and has directed it to be by jury.--This you are agreed to: And "also, that no single judge of Admiralty since that time, either in England or the colonies, ought to be vested with such power." I hope, Sir, you will not think me disposed to remark on trifles, when I observe, that this is very different from saying, that no judge is actually vested with such power.--Many things are often done by ministers and politicians, which most certainly ought not to be done. Among them, I think, should be ranked the flagrant violation of law in giving you, or any other man in America, an authority which supercedes an act of parliament. Read your commission over again: And if you are not lost to yourself, and to your country, you must be alarmed at its contents.--You have authority given you (I repeat it with astonishment, and you ought to read it with horror) to try "all offences, suspected offences, and crimes."--Treason, murder, robbery, &c. are offences and crimes.--You have, therefore, power given you to try them.--Is not this reasoning plain and unanswerable?--And does not your commission therefore give you jurisdiction to try causes and persons, which the statute law of England hath said, shall be tried, not according to the principles and practice of your court, but according to the course of common law?--But I will not press you any further on this point.
Your next assertion--that there can be no question as to the power of the supreme court of this province to grant a prohibition to stay a cause in the Admiralty--appears to be extremely groundless. The act of the Assembly only says "that the supreme court shall exercise the jurisdictions and powers thereby granted concerning all and singular the premises, according to law, as fully and amply, to all intents and purposes whatsoever, as the justices of the courts of King's Bench, common pleas, and exchequer at Westminster , or any of them, may or can do." So that the supreme court, by this clause, can only exercise the powers granted therein, as fully as the same powers may be exercised in any of the courts of Westminster Hall . If you will take the trouble of reading the preceding clauses of the act, I am satisfied, you will not find a word about a prohibition. There is indeed a loose expression in the former part of it, "that the supreme court may issue writs of habeas Corpus, certiorari, and writs of error, and all remedial and other writs," which, at first sight, seems to give them a power to issue any writ whatever. But as a lawyer, Sir, you cannot but know, that the writs of prohibition, and mandamus are high prerogative writs, issuing only out of the courts at Westminster Hall . This, all the law books which mention them, expressly declare. Can it be supposed then, that the King in Council would suffer any court in this province, merely from the construction of an act of Assembly, to exercise such a transcendent power?--The reverse is indeed highly probable. The Assembly certainly never dreamed of giving such power to the supreme court, any more than they ever dreamed that a judge would be established at Philadelphia with the enormous powers of your commission: Otherwise they would doubtless have provided against the danger.--I will submit to your consideration as a lawyer, one more observation on this head. It is an established rule in the construction of an act of parliament or an act of assembly that a description which specifies persons or things of an inferior rank, ought not to be extended by subsequent general words, to them that are superior provided there are any of inferior rank to satisfy the words. Now, Sir, let us apply this rule to the case in hand. Do you not know that the writs, which the act of assembly mentions, are inferior to the high prerogative writs of prohibition, and mandamus, and that the general words of all other remedial writs, "cannot be construed to include them, especially as there are a great many other writs of an inferior nature to satisfy those general words? On this authority alone, I may safely rest my opinion. The danger therefore, for want of a power in this province to stop the proceedings of a court of Admiralty, still remains.
There is now only one other part of your defence to be answered. The public are, no doubt, much obliged by the information you have given them, with regard to the mode of receiving your salary. Permanent however as you assure me the fund of old naval stores is, on which the payment of your salary ultimately depends, (if you should not be able to levy by way of penalties and forfeitures enough to pay it) I have been well informed, that it has already failed more than once.--It is most clear, that your interest requires you should increase, as much as you can, that stock out of which your salary is "in the first place," to be paid, in order more
§ 2 Wilson 294.
|| 2 Inft. 165, 166. 475. 137. 627. 3 Inft. 72.
certainly to secure the payment of it. If both sources fail, you must be the loser--there is no other way provided to pay you. The penalties cannot strictly be said to be the property of the crown. They are expressly appropriated, or mortgaged, to the judges as a security for their salaries--and this, no doubt with a design to encourage them to their duty. The influence on the minds of some judges arising from this interest, may not perhaps be very great. But there may possibly be others, who are not so remarkable for uncorrupted virtue, and attachment to their country: For the future therefore, cease to contend that you are not concerned in condemnations made by yourself. You are plainly interested that the forfeitures and penalties should amount to high, that your salary may be in no danger of diminution.
Your insinuation that I had looked only among newspapers for a copy of a commission from the high court of Admiralty, conveys a sneer, altogether unworthy of your character. You must therefore give me leave to look down upon it.
Having thus finished my observations on the defence of your commission, I shall add a few words in confirmation of the objections made in a former letter. You have Sir, original jurisdiction in causes arising within the provinces of New-York, New-Jersey, Pennsylvania, the lower counties on Delaware, Maryland and Virginia. Consequently you may call before you any person from the farthest part of either of those colonies, together with all the witnesses in the cause; and for want of obedience, may fine, imprison, and strip them of their estates. Under the appearance of exercising the power vested in you by your commission, you may harrafs the whole country at your pleasure. Nor can it be pretended that a prohibition will be from one of the other colonies, to stop your proceedings in this. As a judge, you are, by no means, on a footing with the judges of the law in England, to whom you have thought proper to compare yourself. They do not hold their commissions, during pleasure, as you do, but during life, and have besides, fixed salaries paid by the crown. They are not judges of both law and fact, as you are. The laws which it is their duty to execute, are calculated to preserve liberty, and property. The laws, which you are appointed to execute, are calculated to introduce tyranny, and arbitrary government.
The people in the colonies, Sir, are not yet fully apprized of the extent and danger of your commission. They will, ere long, I hope, be sensible of it.--It is impossible we can ever be a free people, while such a commission, as yours, is held over our heads, which alone, without stamp-acts, or revenue-acts, is sufficient to prostrate all the liberties of America at your feet. Like the detested court of Star Chamber, you are vested with almost unlimited discretionary power. If you do not trample upon our dearest rights and privileges, it is not because you want the power, but the will to do it.--Depend upon it, Sir, the Americans will not always submit to hold their liberties by such a dishonourable tenure. They have hitherto been attended with triumph and success, in every struggle against usurpation and tyranny. Life itself, is not worth preserving, if we once surrender that certain rule of living, by which we are secured in the enjoyment of our properties, our liberties, and our persons. But these must inevitably be in continual danger, while your commission is in existence; for in the words of Lord Camden, "the DISCRETION of a Judge is the Law of TYRANTS."
RUSSELL.
For the MASSACHUSETTS SPY. TO CHRISTIAN PRINTERS.
THE GOOD of the PEOPLE is the SUPREME LAW in every Country, and THEY have a DIVINE RIGHT to put this Law in execution.
MY text contains the original, hereditary, indefeasible right, of all mankind to liberty.--Whoever opposes this doctrine, or endeavours to deprive any people of their divine right to liberty, is a traitor to his fellow men, and a rebel against GOD, who gave liberty with life to all his rational creatures. The laws of heaven, for the rule of human conduct, are, "Love your neighbour as yourself"--Whatsoever you would that men should do to you, do ye so to them;" but these precepts have no effect upon the minds of unprincipled tyrants and traitors, therefore the Majesty of the people must arise to subdue such unfeeling villains who harden themselves in iniquity. The people have a divine command to exercise justice and judgment upon such abandoned wretches, and bind them in "fetters of iron." If the security of freedom should require ARMS, it will be the duty of every man to gird on his armour, and he that hath no sword must even sell his coat to purchase one! The plunder which our enemies daily get by their robberies will strongly stimulate them to persevere, and I do not expect that we shall rid this country of all the baneful herd without gunpowder; I hope therefore every man will be well provided; and lay out the money which was formerly expended for the noxious tea, to purchase arms and ammunition. This is your indispensable duty, my hearers, and I hope you will all with readinfs and firmness of mind practise so important a duty. I observe with great satisfaction, that the Americans have their eyes open, and are convinced that nothing but a firm united stand will secure their rights from the rapacity of our enemies; the most lethargic minds are kindled into ardour, and none but passive souls and those who hope to gain by their ungodliness, give the least countenance to the enemies of liberty.
GOD hath most wonderfully smiled upon this country, a series of events have taken place the year past remarkably favourable to our rights; traitors have been discovered, wicked plans and deep laid schemes have been laid open and defeated, the union of the colonies strengthened, and the spirit of liberty greatly increased; the American system of freedom is compleated, the military art hath made swift progress, a new tribe of Aborigines has arisen, whose warriors have already given proofs of their valour in the cause of liberty; and if the cause should require it in any future time, we doubt not but they will "take off" the enemies to this country.--In short, the aspect of liberty is bright and glorious in America, the hand of GOD I trust is with us, and that he will cause us to tread down our enemies, and in HIS NAME we shall triumph in FREEDOM!
New-England, 1774: THE PREACHER.
For the MASSACHUSETTS SPY. MR. THOMAS;
IT was a matter of no small surprize, at a late funeral, why the honourable his Majesty's Council, and the honourable House of Representatives, did not walk in the procession, as it seemed was their intention, by adjourning the Court during the time, and repairing to the house of the deceased; but when the reason is given, that influenced their conduct at this time, I think every one must be convinced of the propriety of their behaviour, and freely acknowledge, it was highly becoming gentlemen who not only consult the interest, but the honour and dignity of the province. The transaction was as follows:--The porter came to the door of the room, where the above gentlemen, with a number of officers both of the a---y and n---y, were seated and acquainted them, that the relations were all gone and desired them to join the procession. Immediately the a---y arose from a great chair, in which he had placed himself, and without any ceremony walked out of the room, after whose example the other of--s both superior and inferior crowded out, without any regard to the honourable members of the court, and entirely excluded them from proceeding in their proper place. Such behaviour must appear to any man of spirit, to be highly affrontive, and no doubt was designed as a mark of contempt and disrespect to be offered to those worthy gentlemen, however, it was looked upon in that light by them, and accordingly resented, as appears by their returning immediately to the state house, through another street.
Thus it appears from the above relation of the affair, which may be depended upon as fact, that every petty o---r in the n---y thinks he either has a right to take precedence of the supreme authority in this province, or may insult the government, through its Representatives, whenever he pleases, with impunity, whether this doctrine will correspond with the sentiments of the generality of your readers, I will not pretend to determine, but the behaviour of these sons of Mars in this instance, appears to me, to be very presumptuous and arrogant.
W.M.
FRIDAY March 4. BOSTON.
The House having previous to the carrying up the impeachment, acquainted the Governor of their Resolution and desired he would then be in the Chair; his Excellency was pleased to send them the following Message, viz.
"Gentlemen of the House of Representatives,
"BY your Message of yesterday, you informed me that you had resolved to impeach Peter Oliver, Esq; Chief Justice of the Superior Court, &c. before the Governor and Council of high crimes and misdemeanors, and that you had prepared the articles of impeachment, and you prayed that I would be in the Chair that you might then have an opportunity of laying them before the Governor and Council.
"I know of no species of high crimes and misdemeanors nor any offence against the law committed within this province, let the rank or condition of the offender be what it may, which is not cognizable by some judicatory or judicatory, and I do not know that the Governor and Council have a concurrent jurisdiction with any judicatory in criminal cases, or any authority to try and determine any species of high crimes and misdemeanors whatsoever.
"If I should assume a jurisdiction, and with the Council try offenders against the law without authority granted by the Charter or by a law of the province in pursuance of the Charter, I should make myself liable to answer before a judicatory which would have cognizance of my offence, and his Majesty's subjects would have just cause to complain of being deprived of a trial by jury, the general claim of Englishmen except in those cases where the law may have made special provision to the contrary.

Whilst such process as you have attempted to commence appear to me to be unconstitutional, I cannot shew any reliance to it. Milton, 26, Feb. 1774. T. HUTCHINSON. The House upon consideration of this Message, where-plainly appears to be the opinion of the Governor, that Governor and Council are not a Court competent for trial of high crimes and misdemeanors, done and com- mitted by an officer of their own appointment, and being tried by a different method for the removal of the Chief Justice, did afterwards send up to the Governor and Council same articles with an introduction and conclusion in a separate form from the other; by no means however re- tracting their Impeachment, or their original address for the removal of the Chief Justice: In order that the matter might be taken up by the Governor and Council in which they saw fit to them it should seem meet."
The introduction is in the following words, viz. "In the House of Representatives, March 1, 1774. WHEREAS this House did on the twelfth day of February last, address his Excellency the Governor and Council, for the removal of Peter Oliver, Esq; Chief Justice of his Majesty's Superior Court of Judicature, Court of Assize and General Goal Delivery over this whole province, for certain reasons therein set forth, and did afterwards address the Governor, praying that he would further consider the said former address for the removal of the said Chief Justice, and that he would take the advice of the Council thereon: And his Excellency did utterly refuse to comply with the request of the House, and lay the same before the Council for advice:
"And whereas this House did also on the 24th day of February proceed to impeach the said Peter Oliver, Esq; of certain high crimes and misdemeanors, before the Governor and Council, a Court competent in the opinion of this House, for the trial of the same, to the intent of the determining the expediency of the removal of the said Peter Oliver, Esq; from his said office: But his Excellency hath in his Message of the 6th of February declared, that "whilst such process as this House has attempted to commence, appears to him to be unconstitutional, he cannot shew any countenance to it." Therefore, to prevent any doubts or delays, or advantages being taken—on account of the mere informality of any of our former proceedings, this House hath thought proper to exhibit the same articles of charge and complaint against the said Peter Oliver, Esq; in such forms as will remove all colour or pretence of exception, viz.
"Province of Massachusetts-Bay. To his Excellency THOMAS HUTCHINSON, Esq; Governor and Commander in Chief in and over his Majesty's province of the Massachusetts-Bay, and to the Honourable his Majesty's Council.
"ARTICLES of high crimes and misdemeanors offered and presented to his Excellency the said Governor, and to the honourable his Majesty's said Council, against Peter Oliver, Esq; Chief Justice of the Superior Court of Judicature, Court of Assize and General Goal Delivery over this whole province, this first day of March Anno Domini 1774, and in the fourteenth year of his Majesty's reign."
[Here the articles were brought in in totidem verbis, as they stood in the impeachment, and the conclusion was as follows, viz.] "ALL which matters contained in the foregoing articles, the House of Representatives are ready to verify and prove. They therefore pray in their own name, and in the name of all the inhabitants of this province, that the Governor and Council would give orders that the said Peter Oliver, Esq; may be notified to make answer to the charges contained in the foregoing articles, and be brought to a hearing and trial thereon; and if he be found guilty thereof, he may by the Governor and Council, be forthwith removed from his said office, and some other more worthy be nominated and appointed in his stead.
Sent up by Mr. Adams, Colonel Bowers, Mr. Phillips, Mr. Hancock, Mr. Pickering, Mr. Paine, Colonel Thayer, Captain Heath, and Captain Greenleaf. There were 78 Members present in the House, and the division was 71 to 7. N. B. Forty Members make a quorum of the house.
SATURDAY, March 5. B O S T O N.
Thursday last his Excellency the Governor sent the following message to the Council, viz. "Gentlemen of the Council, "YOU acquaint me, in your message of the 28th of the last month, that the House of Representatives, in their own name and in the name of the inhabitants of this province, by a Committee, had impeached Peter Oliver, Esq; Chief Justice of the Superior Court, of high Crimes and Misdemeanors, and had laid on the Council table articles of Impeachment against the said Peter Oliver, Esq; and prayed that the Governor and the Council would appoint a time to proceed with, try, and judge the said Peter Oliver, Esq; as may be agreeable to law and justice; and you, thereupon, pray that I will be pleased to inform you when I will be present, with the Council, to proceed upon this business.
The House of Representatives having by a message to me, desired that I would be present, in Council, that they might have an opportunity of laying articles of impeachment which they had prepared against the Chief Justice, for high Crimes and Misdemeanors before the Governor and Council, I declined complying with the request, for reasons which I thought proper to give in a message to the House; and this message was first communicated to you, agreeable to my uninterrupted practice, that you may be acquainted with every thing which passes from me to the House. You seem, nevertheless, to consider my being present in Council, to proceed with you upon a trial for high Crimes and Misdemeanors, as a meer matter of course.
You have made it necessary for me to give you my sense of the powers of the Governor and Council as they stand related to each other, that you may know upon what principles I have governed my past, and must govern my future conduct:—Except in my cases of wills and administration, and marriage and divorce, the Governor and Council have no jurisdiction, either civil or criminal, as a Court of Judicature, and the assuming the powers of such a court, without authority derived from the Crown, will undoubtedly be considered as an offence against his Majesty's prerogative. In those judicial proceedings, the Governor is a necessary though not an integral part. The Council, except in a judiciary capacity or as a branch of the legislature, are, by the constitution, to be advising and assisting to the Governor, and are to be convened for that purpose, from time to time, at the discretion of the Governor, and not by their own act nor by any other authority whatsoever. I have never thought myself warranted to do, or to attempt to do, any act of government by myself alone, where the advice and assistance of the Council is, by the charter made necessary. In all cases where acts have been expedient, and also where it has been doubtful whether they were or were not expedient, I have convened the Council in order to their advice and assistance: But when any act has been suggested to be necessary which would counteract and tend to defeat the acts and doings of the King, or which would be in any other respect contrary to the duty which I owe to the King, I have not thought it consistent with discretion to convene the Council to ask their advice, whether I should or should not do such an act, seeing I dare not do it although they should advise to it. Indeed an act may be suggested of such a nature that it would be an indignity to the King to propose a question upon it.
T. HUTCHINSON. Milton, March 3, 1774. IN COUNCIL, March 4, 1774. ORDERED, That William Brattle, Caleb Cushing, and Samuel Phillips, Esq;rs, be a Committee to wait on his Excellency the Governor with the following message, viz. "May it please your Excellency, "SINCE the message which the board sent to your Excellency on the 28th of the last month, to acquaint you, that the House of Representatives had impeached Peter
Oliver, Esq; Chief Justice of the Superior Court, of high Crimes and Misdemeanors; and had laid on the Council table articles of Impeachment against him, and prayed that the Governor and the Council would appoint a time to proceed with, examine, try and judge the said Peter Oliver, Esq; as may be agreeable to law and justice; the House of Representatives have laid upon the Council table articles of charge and complaint against the said Peter Oliver, Esq; and pray that the Governor and Council would give order that the said Peter Oliver, Esq; may be notified to make answer to the charges contained in the foregoing articles; and be brought to a hearing and trial thereon: That if he should be found guilty thereof, he may, by the Governor and Council, be forthwith removed from his said office, and some other more worthy be nominated and appointed in his stead.
These articles of charge and complaint the board directed the Secretary to lay before your Excellency, together with the articles of Impeachment aforesaid, and the Secretary informs the Board that he has done it accordingly. In your message of yesterday, your Excellency has declined joining with the Board, in any proceedings with relation to the articles of impeachment, but have not signified your mind with respect to the last mentioned articles of charge and complaint. The Board therefore desire your Excellency would be pleased to inform them, what your determination is with regard to those articles of charge and complaint."
MONDAY, March 6. B O S T O N.
Last Friday forenoon, in the forenoon, Mr. Brown, of Salem, Deputy Sheriff, went on board a fishing vessel, at Marblehead, and arrested John Watts and John Guillard, in an Action of damages for 3000. commenced by the gentlemen who were proprietors of the late Essex hospital, on suspicion that the said two persons were concerned in burning that building on the 26th of January last. The prisoners were committed to his Majesty's goal, in Salem, about two o'clock, P. M. Almost as soon as the keys were turned upon them, the people began, in small companies, to enter the town from Marblehead, and continued coming over in this manner till near night, rendezvousing near the goal. The Magistrates were busy in consulting upon measures for preserving the peace, and for dispersing the people who were assembling from Marblehead; from whence a still greater number was expected after dark. About sunset, on application to the Colonel of the Militia, the drums were ordered out, and beat to arms. Immediately upon hearing this, the mob, to the number of four or five hundred, arming themselves with clubs, sticks of wood, &c. and while it was yet day-light, made a most furious attack upon the goal. They first burst open the doors, and broke most of the lower windows in that part of the building which is the Prison-keeper's Dwelling; and then, with iron crows, axes, &c. they soon beat their way through four of the prison doors, each of which was very strong, and well secured with many large locks. Thus having got into two apartments of the prison, in less than ten minutes from the first onset, carried off the abovementioned two prisoners in triumph, and went immediately to Marblehead, where they soon dispersed. They assembled again the next day, and obliged the gentlemen abovementioned to declare, that no prosecutions should even after be commenced on account of burning the hospital.
Yesterday afternoon Capt. Gorham arrived here in a brig, in 9 weeks from London, by whom we have advice of the arrival of the Captains Folger, White, Symmes, Callanan, and Calef, from this place, also the Earl of Halifax packet in 36 days from New-York. By Capt. Gorham we have the public prints to the 31st of December, which contain but few articles of intelligence; and the most material are—That the parliament was not to meet till some time in January: That Frederick Bull, Esq; the present Lord Mayor, was chosen member for the city of London in the room of Sir Robert Ladbroke, deceased: That the Philadelphia resolves were received and published in the news papers there: That the opinion of all the judges had been required on some questions relative to North-America, which was a prelude to something of consequence concerning that country being brought before the parliament next sessions: That the board of trade had also come to several important resolutions on American affairs, to be recommended at the same time: That the latter end of December some advices were received at Lord Dartmouth's office from Boston in New-England, which were kept a profound secret: That the Susanna, Smith, from Boston and Goldsborough, was lost on an island near Scotland: And that there had been a duel fought between John Temple, Esq; late of this town and Mr. Whately, a broker in London, in which the latter was much wounded, but the former not hurt; they first discharged their pistols, but missed each other and then drew their swords, with which they finished the fray; the quarrel was occasioned by Mr. Whately publicly insinuating that Mr. Temple was the person who sent over some original letters from gentlemen in America to his late brother of which Mr. Oliver in a letter, to him had since complained of their being laid before the General Assembly; and tho' Mr. Temple gave every assurance that a gentleman could give, that he had not taken any one letter, nor a line of one, but what he saw, and gave leave, and had no concern in procuring or transmitting them to Boston; yet being still charged with the same, notwithstanding their protestations, and receiving from Mr. Whately, as he apprehended, the lie direct, he took the above method, which the feelings of honor, and impatience under such an imputation, dictated, to call upon Mr. Whately for honorable amends. They fought without seconds, as Mr. Whately declined any on his part.
Benjamin Franklin, Esq; agent for the house of representatives of this province, for the prevention of further mischief between the parties, has published a declaration. 'That he alone was the person who obtained and transmitted to Boston the letters in question. That Mr. W. could not communicate them, because they were never in his possession: and for the same reason, they could not be taken from him by Mr. T. That they were not of the nature of private letters between friends: But were written by public officers to persons in public station on public affairs, and intended to procure public measures; they were therefore handed to other public persons who might be influenced by them to produce those measures: That their tendency was to incite the mother country against her colonies, and by the steps recommended to widen the breach, which they affected.
That the chief caution expressed with regard to privacy was to keep their contents from the colony agents, who the writers apprehended might return them, or copies of them to America. That apprehension was, it seems well founded; for the first agent who laid his hands on them thought it his duty to transmit them to his constituents.'
TUESDAY, March 6. B O S T O N.
Last Saturday the House of Representatives ordered the Secretary of the province to lay on their table, a complete list of the appointments of civil officers, which have been made, during the administration of Governor Hutchinson; together with the names of the Councillors present at each appointment.
Captain Allen in ten days from Charlestown-South-Carolina, informs, That the East-India company's tea landed there is entirely destroyed.
WEDNESDAY, March 9. B O S T O N.
The brig which Capt. Corbet saw sink, and every soul on board lost, is said to be without doubt a vessel belonging to Portsmouth, owned by Capt. George Turner, and commanded by Jeremiah Turner. It is said two West-india gentlemen were passengers, one by the name of Hazzard: Capt. Alexander Welch, of Rochester, who for some years had left the sea, was mate, who with the sailors made ten in number. It is said eight hundred Joes, with a valuable cargo were on board.
MARRIED. At New-York, Mr. Paschal Nelson Smith, to Miss Hester Sears, daughter of Mr. Isaac Sears, of that city.
At Salem, Capt. George Cabot, of Beverly, to Miss Betsey Higginson, daughter of the late Stephen Higginson, Esq;
At Halifax, Mr. John Bett, Merchant, to Miss Dorcas Cleveland, Daughter in-law of John Fills, Esq;
At Portsmouth, Mr. Joshua Wentworth, to Miss Sally Pierce, both of that place.
At Hollis, in New-Hampshire, Mr. John Kneeland, of this town, merchant, to Miss Nancy Hobart, eldest daughter of Samuel Hobart, Esq; of that place.
DIED. Mrs. Susanna Wheatley, wife of Mr. John Wheatley, merchant.—Mrs. Sarah Hopkins, the amiable consort of the Rev. Mr. Samuel Hopkins, pastor of the church in Hadley.—Mrs. Elizabeth Vergoofe, wife of Mr. Isaac Vergoofe.—Mrs. Hannah Kent,—Mr. Joseph Roberts.—Mr. Bennett, Hatter.
At Roxbury, Mr. Jeremiah Richards, jun.
At Newtown, Mrs. Mindwell Woodward, relict of Mr. Ebenezer Woodward, and daughter of the Hon. Ebenezer Stone, Esq; deceased.
At Northborough, Mr. Thomas Taylor, formerly for several years representative for the town of Sudbury in the general court.
At Medfield, Mrs. Adams, wife of Mr. Nathaniel Adams, and daughter of Deacon Coolidge.
THURSDAY, March 10. B O S T O N.
Saturday last being the anniversary of the fifth of March, upon which day, agreeable to a Vote of the town last year, a meeting was duly notified, and accordingly met at Faneuil-Hall, at ten o'clock in the forenoon; and after choosing Mr. SAMUEL ADAMS Moderator, they adjourned to the Old South Meeting-House, where, after the Moderator mentioned the occasion of their thus assembling, The Hon. JOHN HANCOCK, Esq; delivered an ORATION on the dangerous tendency of standing Armies being placed in free and populous Cities, and to perpetuate the memory of the horrid Massacre on the evening of the fifth of March, 1770, by a party of Soldiers under the command of Capt. Thomas Preston, belonging to the 29th regiment. At this meeting a vast concourse of people attended to hear the Oration, which lasted about three quarters of an hour, and was received with universal approbation.
After it was delivered, a committee was appointed to return the Orator the thanks of the town, and also to request a copy for the press:—Another person to pronounce the ORATION at the next Anniversary; after which the meeting was dissolved.
At the breaking up of the meeting, a very generous collection was made for the poor unfortunate Christopher Monk, now about twenty one years of age, (then present and on whose piteous condition Mr. Hancock very affectionately addressed the audience) who was thought to be mortally wounded on the fatal evening of the Massacre, but yet remains a shocking monument of that horrid transaction. Extract of a letter from one friend to another in this town.
"A desire of communicating my sentiments to my friends, prompts me perhaps too often to trouble you with my epistles;—but I know, your generous heart expands at the prayer of your friends, especially when they so richly deserve them; as our much esteemed American Orator!—Who for surpass'd my most sanguine hopes and expectations. Had I the pencil (with half the genius) of the inimitable Raphael: I could have delineated Mr. H—'s figure from the life, to more advantage than his so much celebrated one of St. Paul, when preaching before Agrippa."
"Indeed I admired Mr. H—'s elegant composition as much as I did the manner in which it was delivered—my heart swelled with indignation, when he described the ruffian band who patrolled our streets, to the prejudice of young people of both sexes,—but the pathetic address to the unfortunate M—k (who was so conspicuously placed) melted my very soul. Then be made me smile with pleasure, at the lively manner in which he described the flight of those wretches, who had brought such destruction and wretchedness among us, But when he so gracefully address'd the amiable Mr. A—s, as the first of patriots and friends in his country's cause,—my admiration and gratitude were excited almost to extasy. Thus be awakened, such a variety of sensations, that my ideas were galloping from one scene to another till he had done speaking."
The Earl of Halifax packet, Capt. Boulderson, is arrived at New-York, in eleven weeks from Falmouth, with the December mail.
The General Assembly of New-York, have voted the sum of 5000. that currency, to Governor Tryon, to compensate in some measure his loss sustained by fire.
Yesterday his Excellency prorogued the Great and General Court or Assembly of this province to Wednesday the 13th day of April next.
We are told his Excellency did not give his assent to the bill passed by the House for the prevention of bribery and corruption in elections.
Thursday the 14th of April next, is appointed a day of public Fast and prayer throughout this province.
We hear the New-York Tea ship was arrived at St. Eustatia, having been blown off the coast.
On Monday evening the horrid tragedy of the 5th of March was observed with the usual solemnity, by exhibiting to public view a portrait of that inhuman and cruel Massacre perpetrated by Preston, and his infamous butchers: on the right, a figure of America pointing to her slaughtered sons, on the left, a monument to the memory of Gray, Attucks, Maverick, Caldwell and Car. In one of the windows was a representation of H—n and J—e O—r, in the horrors, occasioned by the appearance of the two ghosts of Empson and Dudley, advising them to think of their fate. They appeared to be worshipping their ill-gotten gold the modern deity of the North.
YE TRAITORS! "Is there not some chosen curse, Some hidden thunder in the stores of Heaven, Red with uncommon wrath, to blast the men Who owe their greatness to their country's ruin!
We are informed that the House of Representatives had some previous notice of the Governor's design to put an end suddenly to the session, and ordered their door to be locked, till they finished some important business, among which was a Resolve that they had the satisfaction of having done all in their power in the capacity of Representatives, to effect the removal of chief justice OLIVER, and the Governor's refusal was presumed to be, "because he himself received his support from the crown" independent of the people. The Court however was prorogued before the House could complete all the necessary business.
His Majesty Oknookortunkogog King of the Narragansett tribe of Indians, on receiving information of the arrival of another cargo of that cursed weed Tea, immediately summoned his Council at the Great Swamp by the river Jordan, who did advise and consent to the immediate destruction thereof, after resolving that the IMPORTATION of this Herb, by ANY persons whatever, was attended with pernicious and dangerous consequences to the lives and properties of all his subjects throughout America. Orders were then issued to the seizer and destroyer-general, and their deputies to assemble the executive body under their command, to proceed directly to the place where this noxious herb was. They arrived last Monday evening in town, and finding the vessel, they emptied every chest, into the great Pacific ocean, and effectually destroyed the whole, (twenty-eight chests and an half.) They are now returned to Narragansett to make report of their doings to his Majesty, who we hear is determined to honour them with commissions for the peace.
WHEREAS a certain WILLIAM BOWES, Brazier, on Dock-square, has industriously propagated (if not invented) a false and scandalous report, that the owners of the brig Fortune, Benjamin Gorham, master, lately arrived from London, have imported a quantity of Tea in that vessel upon their own account, and has impudently asserted that he knew it—with a malignant design as they apprehend to injure their reputation, and expose them to public resentment.—The said owners in vindication of themselves from the vile and groundless aspersion of that impertinent meddler in other men's matters—find it necessary to publish the following deposition.
WE the subscribers, owners of the brig Fortune, do solemnly declare that we neither jointly nor separately had any share, interest or property, directly or indirectly in any part of the Tea that came from London in said vessel.
Thomas Walley, Peter Boyer, William Thompson. THOMAS WALLEY, Peter Boyer, William Thompson, personally appeared and made oath to the truth of the above declaration by them subscribed. Before me, EDM. QUINCY, J. Pacis.
DUTCH LACES. To be SOLD by JOSEPH PIERCE, At his Shop in King-Street, Nearly opposite the North door of the State-House, In BOSTON, DUTCH LACES, and a Large Assortment of ENGLISH, INDIA and SCOTCH GOODS, on very cheap terms for READY MONEY.
JONATHAN WILLIAMS, jun. requests those persons indebted to him, to make immediate payment, as he intends for ENGLAND early in the Spring. He proposes to sell of his SHOP GOODS before his departure, therefore will part with them (for the cash only) at the sterling cost by wholesale, and cost and charges by retail.
FOR LONDON, The BRIGANTINE HOPE, A fine new vessel, has excellent accommodations for Passengers, and will sail as soon as loaded, three-quarters of her cargo being already engaged. For Freight or Passage, apply in Ann-street, to JONATHAN WILLIAMS, jun.
[For the Benefit of the Insurers] On WEDNESDAY next, At ELEVEN o'clock, Will be SOLD by PUBLIC VENDUE, At Mr. JOHN GRAY'S ROPEWALK, A Quantity of damaged HEMP. J. RUSSELL, Auctioneer.
TO-MORROW MORNING, At ELEVEN o'clock, Will be SOLD by PUBLIC VENDUE, At Capt. BARRETT'S SAIL LOFT, SEVERAL Suits of SAILS, and a quantity of RIGGING. J. RUSSELL, Auctioneer.
** A Number of new Advertisements, several Articles of Foreign and Domestic Intelligence, &c. &c. for Want of Room, must be omitted.

In COUNCIL, March 7th, 1774. ORDERED, that James Bowdoin, Samuel Dexter, James Humphrey, Artemas Ward, and John Winthrop, Esqrs. be a committee to wait on his Excellency the Governor with the following ADDRESS.
May it please your Excellency, YOUR Message of the 3d instant to this Board relative to the Chief Justice of the superior court, and your several Messages to the House of Representatives relative also to him (which with other papers the House by Message has laid before the Board for their consideration) are on a subject of great importance. They contain declarations from your Excellency which we think do not comport with the spirit of the Charter, and tend to take away or lessen the jurisdiction of the Governor and Council, considered as a judiciary body or court of justice, and therefore it is incumbent on this Board in faithfulness to the province, and in justice to themselves, to take notice of some of them.
Among those papers we find a copy of the Remonstrance of the House addressed to your Excellency and the Council, and your Excellency's answer to it. By the former they pray for the removal of the Chief Justice from his office, and by the latter you declare, that in duty to the King you are obliged to decline their request; and you are pleased repeatedly to decline it on their repeated applications.
But before your Excellency had proceeded thus far, was it not proper, as the Remonstrance is addressed to the Council in conjunction with your Excellency, that it should have been communicated to them for their consideration of it? Is not your undertaking to determine solely on a matter that falls under the cognizance of the Governor and Council jointly, and is so addressed to them by the House, an unkind and disrespectful treatment of the representative body of the province, and an infringement on the rights of the Council? Or rather does it not annihilate the Council, considered either in their capacity of being advising and assisting to the Governor, or as a court of justice with, or without the Governor? And being done under a profession of duty to the King, does it not tend to alienate the affections of his Majesty's subjects from him? Though such be the tendency, such an effect will not flow from it. If it had been communicated to the Board, they assure your Excellency they would not have done any thing concerning it inconsistent with their duty to the King, notwithstanding any indirect or constructive intimation to the contrary.
Your Excellency's apprehension, that your taking any steps in this business would be counteracting his Majesty, and inconsistent with your duty to him, is founded on the facts mentioned in this clause in your first Message to the House, viz. "His Majesty having been pleased to direct warrants to be prepared for the payment of salaries to the Chief Justice, and to the other Justices of the superior court I received as Governor of the province the earliest notice of this declaration of his Majesty's pleasure, in order as I conceive that, as far as might appertain to me, I should conform thereto." This notice (that warrants were directed to be prepared) which appears to be intended only as an article of intelligence, your Excellency, by this and your other Messages on the same subject, construes as an instruction obliging you, not to do any thing to prevent the effect of those warrants, or inconsistent with the intention of them. But what room is there for such a construction, or to suppose you were under such an obligation, when the Justices themselves (at least four of them) whom this affair immediately respected, thought themselves not obliged to take his Majesty's grant, but at liberty to refuse it, and accordingly have refused it from July 1772 (when their stipends were to commence) to the present time, and very lately in the fullest and explicit manner? As in their refusal, which was a more effectual counteracting the intention of those warrants than any thing your Excellency could do, those gentlemen did not think they acted inconsistently with their duty to his Majesty, why should your Excellency think your laying before the Council the Remonstrance of the House inconsistent with your duty to him? Especially when your duty to the province, with which your duty to the King cannot militate, required it.
But supposing the notice of those warrants implied an instruction, or had been accompanied with an instruction, that you should do nothing directly or indirectly inconsistent with the intention of them, why should it operate to prevent your Excellency's even hearing the Remonstrance, and not operate to prevent your consenting to and signing the grants made by the assembly, not only to those four Justices, but also to the chief justice, for their services during the same time, for which those warrants were intended to pay them; and for which, by virtue of one of those warrants, the chief justice has in fact been paid? Does not this give room for the apprehension, that your Excellency was not influenced solely by a sense of duty to the King, in refusing to lay before the Board the Remonstrance of the House?
The reasons why it was not laid before them seem to be given in that paragraph of your Message to the House, wherein you are pleased to tell them "that the Council, except when they are considered in their legislative capacity, or as a court for the probate of wills and granting administration, and for determining causes of marriage and divorce, are by the constitution to be advising and assisting to the governor, and do not make one Court or judiciary body with the governor, but the governor is considered as an integral part, and has authority from time to time at his discretion to assemble and call the Council together." We shall presently consider whether there be not other cases than those here mentioned by your Excellency, in which the Council make one court or judiciary body with the Governor, and in which the Governor is not to be considered as an integral part; but first beg leave to make a few observations on another part of the foregoing paragraph.
We agree with your Excellency, that the Council by the constitution are to be advising and assisting to the Governor. The Governor also with them, or seven of them at the least, shall and may from time to time hold and keep a council for the ordering and directing the affairs of the province. But we humbly ask, what advantages would be derived to the province from this part of the constitution, if the Governor, even in the most important cases, should refuse to hold a council, wherein he might be advised and assisted; and wherein also the Governor with the Council jointly, according to the nature of the case, might take the needful measures for the ordering (that is the well ordering) and directing the affairs of the province? These clauses of the Charter were doubtless intended for some beneficial purpose. They were intended more effectually to secure to the province a permanent good government, not subject to the will and caprice of a Governor: who, left to act wholly independent of a council, might bring upon the province the greatest mischiefs. Happy it was for the province, that the late Governor Sir Francis Bernard was not thus independent! But the benefits intended by the appointment of a council would be defeated, if the Governor should not call them together when affairs of the greatest importance to the province demanded it; and indeed this would frustrate the end of their appointment in every capacity in which they cannot act without him. To apply this to the subject of the Remonstrance, and to all cases, in which complaint is made to the Governor and Council against officers of their appointment. It appears to us, that when complaint is thus made, and the Governor refuses or neglects to lay it before the council, he thereby counteracts the spirit and intention of the charter, which the honour and faith of the crown are pledged to maintain, and gives just reason for uneasiness.
We shall pass over the intermediate messages, and come to the last message your Excellency sent to the House of Representatives: On which it is necessary to make some observations.
We find by it the House had informed you, that they had resolved to impeach Peter Oliver, Esq; Chief Justice of the Superior Court, before the Governor and Council, of high crimes and misdemeanors; that they had prepared articles of impeachment, and prayed your Excellency would be in the chair, that they might have an opportunity of laying it before the Governor and Council.
But your Excellency, after making divers observations concerning the manner of trial for crimes and misdemeanors, declined granting their request, by declaring, that "whilst such proceedings as the House have attempted to commence shall appear to you to be unconstitutional, you cannot view any countenance to it." It is with great reluctance the Board have entered into the consideration of a subject, on which they are obliged to dissent from your Excellency. But a vindication of their right of jurisdiction as a Court makes it necessary. The complaint and process above-mentioned are against an executive officer appointed by the Governor and Council. Complaints of this sort are no novelty. Many instances of them have taken place since your Excellency was first a member of the General-Court; and some of them, while you were Speaker of the House of Representatives, preferred by the House. The Governor and Council have always been esteemed the proper Judicature, before whom officers appointed by them have been triable for crimes or misdemeanors, so far as that, when found guilty, judgment has been given against them, with respect to their continuance in office; and thus far your Excellency has yourself supported the jurisdiction of that Court; which, when your Excellency presided, gave judgment in a recent case for the removal of an executive officer appointed by the Governor and Council. If such cases, in order to such a judgment, are not cognizable by that Court, there is no other Court in the province, by which they are cognizable for the purpose of removal from office. Divers such judgments have been obtained in consequence of the complaint of private persons. If private persons have a right to complain of mal-administration of officers, the representative body, who are the grand inquest for the province, must a fortiori have that right. But your Excellency intimates, that the process the House of Representatives have now attempted to commence is unconstitutional. The process they first attempted with regard to the Chief Justice was by remonstrance, addressed to the Governor and Council, which your Excellency, without communicating it to the Council, thought proper to suppress. The process next attempted was by impeachment, which you think unconstitutional. If it be unconstitutional, it cannot be cognizable by the Court: The jurisdiction of which being affected by the denial of the constitutionality of impeachments, it becomes needful to examine the reasons of that denial. They are given in your Excellency's message, in which you are pleased to say, "that there are no species of crimes committed within this province, which are not cognizable by some established Judicatory, and that the Governor and Council have no concurrent jurisdiction with any Judicatory in criminal cases, nor any authority to try and determine any species of high crimes and misdemeanors whatsoever," [except at least for the purpose of removal from office, as your Excellency might have added.] "That if you should assume a jurisdiction, and with the Council try offenders against the law without authority granted by the Charter, or by a law of the province in pursuance of the Charter, you should make yourself liable to answer for it; and his Majesty's subjects would have just cause to complain of being deprived of a trial by jury, the general claim of Englishmen, except in those cases, where the law may have made special provision to the contrary."
All this may be true, and yet we humbly apprehend it will not support the conclusion, that a process by impeachment is unconstitutional.
The records and papers, containing the transactions of the General-Court, having divers times greatly suffered by fire, it is very difficult to apply to them for precedents; nor is it necessary; for if they abounded with them, the first precedent would be, or ought to be, grounded on the reason and nature of the case, which still remain for a guide. But if precedents should be necessary, the most respectable authority (the British parliament) as your Excellency well knows, furnishes a multitude of them. The Commons may exhibit an accusation to the Lords in parliament, by petition, complaint, or impeachment. The House of Representatives are in this province, what the House of Commons are in Britain. The constitutional rights of the latter (among which is indisputably the right of impeachment) belong to the former. Between the House of Lords, and the Council of this province, there is not so near a resemblance: But with respect to legislation, and so far as the Council with or without the Governor are a judiciary body, there is a resemblance. It is now settled by a late determination of his Majesty, that the Governor and Council are a judiciary body, with regard to the Probate of Wills, and granting administration, and for determining causes of marriage and divorce: And it is humbly apprehended they also are, with regard to the removal of all officers from offices, to which appointments are made by the Governor and Council. The impeachment made by the House of Representatives, concludes with praying, "that such proceedings, examinations, trials and judgments may be had and ordered on the premises, as may be agreeable to law and justice." This prayer is consistent with the jurisdiction of the Court; who have lawful power to remove from office, or confirm in it, as may be agreeable to law and justice; and therefore may go into such proceedings, examinations, and trials, and form such judgments in and upon the premises, as are incidental and necessarily preparatory to a final decision. We humbly apprehend therefore your Excellency's reasoning does not extend to the present case: For even though the impeachment had been for such high crimes and misdemeanors, as are made felony, it would not induce, or involve in it, an obligation on the court to give an extrajudicial sentence.
An executive officer appointed by the Governor and council may be guilty of crimes, for which by law he is punishable in a variety of ways by the common law courts: If he be impeached for those crimes before the Governor and Council, it is for the purpose of his removal from office, which the other courts have no power to decree. As those courts can not invade the jurisdiction of the Governor and Council, so the Governor and Council, in any other than their legislative capacity, it is presumed will never attempt to interfere in the jurisdiction of the other courts. It might be supposed the Governor and Council could (and if they act at all they must) trust themselves in the exercise of their jurisdictional powers: Though your Excellency, in reference to that exercise, seems unwilling to trust yourself in the case of the present impeachment, notwithstanding you consider yourself as having a right of negative on the judgment of the Council. With regard to the Governor's right of negative on the Council, it operates in all acts of government, pursuant to the Charter, "in exclusion of judicial acts," in which it can have no operation: "It being utterly unsuitable to the nature of a court of justice to consist of two branches, each possessing a negative on the other," whereby in many cases, if such was the constitution of the court, it could not give a judgment: Which is incompatible with every idea of a court of justice. On these reasons the late determination of his Majesty in council, with regard to the supreme court of probate, &c. was grounded; and they extend with equal force to the Governor and Council, considered as a court for hearing all complaints, remonstrances and impeachments, relative to the executive officers of the government, and giving judgment thereon, either for or against the defendant, by acquitting him, or removing him from his office. But it may be objected, that the same power, which appointed, should remove.
On which it may be observed, that the appointment is to a trust for the public good, and vests a property (the lawful emoluments of the office) in the trustee. The mode of appointment is particularly directed by the Charter. It is by the Governor with the advice and consent of the Council; neither of whom act in this matter in a judicial character. But the mode of removal, the Charter being silent about it, must depend on the reason and nature of the thing. These require that the removing power should be considered, and in fact be, a court of justice. Property, both public and private, being depending and to be settled by that power, determine the nature of it to be specifically judicial, or that it must be a court of justice; which excludes the idea of one of its members, where there is a plurality, being an integral
part.—There is therefore an essential difference between the appointing and removing power, though consisting of the same persons, when they act in those different characters. To apply this to the Governor and Council,—in the first character they have a reciprocal control of each other, agreeable to the Charter. In the latter character, there is no such control, but they together do constitute a court of justice, with powers to form and regulate themselves incidental to all courts, where law has not made provision for the purpose. There is nothing in the Charter inconsistent with this reasoning, but on the contrary, this reasoning is grounded on the Charter. The clause of the Charter, that relates to the subject under consideration runs thus, "The Governor and the said assistants or councillors, or seven of the least shall and may from time to time hold and keep a council for the ordering and directing the affairs of our said province." The Governor and Councillors are here blended together constitute a council, which in all cases, for their cognizance, are jointly (and not as two branches having a negative on each other) authorized and appointed for the ordering and directing the affairs of the province except in certain places (particularly mentioned in parts of the Charter) wherein seven or more councillors to be advising and assisting to the Governor. The appointment, viz. the ordering and directing the affairs of the province, includes among other things, the removal of bad officers from office, and consequently includes jurisdiction to hear, try and determine on all complaints, remonstrances and impeachments, for that purpose, which coincides with the idea of a court of judicature; and therefore, according to the spirit and intention of the Charter, the Governor and Council must have that jurisdiction out which their power for the well ordering and the affairs of the province would be essentially deficient.
Upon the whole, we are humbly of opinion, that "there are no species of crimes committed within this province, which are not cognizable by some established Judicatory"—although "the Governor and Council have concurrent jurisdiction with any judicatory in criminal cases, except at least for the purpose of removal" from office does not thence follow, that "the process by impeachment for the Governor and Council's proceeding and acting upon it, is unconstitutional;" nor that their "Nothing, will be an assuming of a new or unwarrantable jurisdiction, and make your Excellency liable to any complaint of being deprived of a trial by jury." The field, are further of opinion, that a denial of the right Captain plaining, or remonstrating against, and impeached, to the administration of office, and a refusal to hear on such complaint, remonstrance or impeachment, the pre-executive officers of the government to deviations from their duty; and are incompatible with the safety and happiness of the people. Wherefore this Board declare their readiness to hear, and determine on the impeachment above-mentioned, or to hear and determine on the charge and complaint since exhibited by the House of Representatives on the same subject, and desire that your Excellency with the Council would appoint a time for that purpose.
On Tuesday last the House of Representatives sent the following Message to the Governor, viz. May it please your Excellency,
THE House of Representatives have attentively considered your Message of the twenty-sixth of February, in which your Excellency is pleased to say, "That you know of no species of high crimes and misdemeanors, nor of any offences against the law, committed within this province, let the rank of the offenders be what it may, which is not cognizable by some established judicatory or judicatories, and you do not know that the Governor and Council have concurrent jurisdiction with any judicatories in criminal cases, or any authority to try and determine any species of high crimes and misdemeanors whatsoever." And you also add, that "if you should assume a jurisdiction, and with the Council try offenders against the law, without authority granted by the Charter or by a law of the province in pursuance of the Charter, you should make yourself liable to answer," &c.
We assure your Excellency, that as we would not willfully neglect any constitutional endeavours for a redress of grievances which this province labours under, so neither would we desire you to assume any jurisdiction not authorized by the constitution of the province. But your Excellency will allow us to say, that the sentiments advanced in your message, and on which you ground your refusal to comply with our requests, are new and very alarming to us. And as the point in question is of weighty importance to the province, we cannot refrain from freely expressing our minds upon it.
By the charter of this province, the Governor with the advice and consent of the Council, has the sole power of appointing Judges and other civil officers; and though there is no power of removal expressed in the charter, yet such power is necessarily therein implied, and the greatest evils and inconsequencies would arise from a want of it. As no officer ought to hold his office, when his crimes and misdemeanors have rendered him unfit for it, the Governor and Council who have the power of removal, will naturally enquire into the truth of the charges against the officer, previous to the removal; the contrary of which procedure must suppose, either that an officer cannot be, or is not to be removed from his office, or else, that he may be removed upon the bare allegation of crimes and misdemeanors, without enquiry into the truth of them; neither of which your Excellency can be supposed to assert. As therefore officers must be removed for crimes and misdemeanors, and previous to such removal there must be an enquiry into the truth of such allegations, such enquiry must involve in it the power of notifying and hearing the officer accused; and it must issue in a judgment or determination, that the officer ought, or ought not, to be removed.
This procedure, necessarily involved in the power of appointing officers, is in essence a judicatory; and to this purpose the Governor and Council must have cognizance and jurisdiction of crimes and misdemeanors charged upon officers, as it is on the truth of such a charge that the officer is to be removed. This jurisdiction of crimes and misdemeanors, being for a particular purpose, may not be said to be concurrent with the other judicatories; as the only punishment to be inflicted in consequence of conviction is removal, and other judicatories, as the case may be, may take cognizance of such crimes and misdemeanors, and punish them as breaches of law. But, it is not consistent with the dignity and importance of the Governor and Council, vested with the power of removing officers, that they should wait the event of a trial by a jury (which may never take place) before they proceed to enquire into the reasons and necessity of such removal. And we would further observe, that there are high misdemeanors respecting the execution of an office, which may disqualify the officer and render him liable to removal by the power which appoints him, but yet may not be of such a nature as to subject the officer to punishment by the ordinary courts of justice. Should a judge dismiss a Grand Jury soon after their being impaneled, without permitting them to find any bills of presentment—Should he be charged with gross negligence and inattention to the duties of his office, or with great partiality or other corrupt practices, no one, we trust, will say, that such a judge should not be punished: But we do not know that the ordinary courts of judicatory would take cognizance of such offence, neither can we suppose, that the Governor and Council would remove such a judge, without due enquiry into the truth of the charge. From the very nature of our constitution, there must be some where a supreme court who have cognizance of the crimes and misdemeanors of high officers, so far at least, as is necessary for their removal: This supreme court, we take to be the Governor and Council; and to this court are to be presented, all complaints touching the misdemeanors of judges. When complaint is thus made of the crimes and misdemeanors of a judge to the Governor and Council, who have cognizance of his conduct and power
Journal. MAY 2 1908
, but Influenced by None.
Deaths glorious in THY JUST Defence.
[NUMB. 163.]
Capt. Henshaw, touched at the isle of May for water, and was told of a pirate sloop being off that island, mounting eight guns, commanded by a Frenchman, and it was said she came from Coracoa; had taken some provisions out of two whaling sloops, took the Captains on board his vessel, shewed them a large quantity of dry goods, and desired they might pay themselves; and that it was imagined the pirate had taken the goods out of a schooner, that had been on that coast.
A schooner named the Dove, from Africa, with about an hundred negroes on board for St. Augustine, was lost in the night of the 18th of last month on the coast of East-Florida, about a league to the southward of Smyrna; the master two mariners, and about eighty of the negroes were drowned. We apprehend that the determination might be had thereon. We apprehend that we can clearly prove, that the articles of our complaints, are of the same kind with great numbers made by the House of Commons in England, against high officers. As instances of this kind must be fresh in your Excellency's memory, we think it needless at present to adduce them. And as it never was supposed in England, that the dignity of the King was affected by any charges against his officers, we cannot conceive why it should here; for though it is a maxim, that the King can do no wrong, yet, by the misrepresentations of his officers much wrong hath been and may again be brought to pass. If any person may by his conduct, break through the constitution of the province grounded on the charter and confirmed by constant usage, without being liable to be called to account by any judicatory here, merely because the Royal assent to such construction hath been procured, we do not know where such practices will stop; and we fear, that by degrees, without our even having an opportunity of being heard, one innovation after another may be forced upon us, till there will be not only "an abridgment of what are called English liberties," but a total subversion of the constitution.
We assure ourselves, that were the nature of our grievances fully understood by our sovereign, we should soon have reason to rejoice in the redress of them. But, if we must still be exposed to the continual false representations of persons who get themselves advanced to places of honour and profit by means of such false representations, and when we complain we cannot even be heard, we have yet the pleasure of contemplating, that posterity for whom we are now struggling will do us justice, by abhorring the memory of those men "who owe their greatness to their country's ruin."
Yesterday his Excellency sent the following MESSAGE to both Houses, viz.
Gentlemen of the Council, and Gentlemen of the House of Representatives, I have omitted nothing in my power, consistent with my duty to the King, which had a tendency to promote harmony and good agreement in the legislature, the present session. I have passed over without notice the groundless, unkind and libelous charges and insinuations made by each of the other branches against the Governor, rather than any part of the public business of the province should be left unfinished; but as some of your votes, resolves, and other proceedings, which you have suffered to be made publick, strike directly at the honour and authority of the King and of the Parliament, I may not neglect bearing publick testimony against them, and making use of the powers vested in me by the constitution to prevent you from proceeding any further in the same way.
Province-House, T. HUTCHINSON. March 8, 1774.
This day published, [Embellished with elegant engravings of Sir William Wentworth; and a Night Scene; two historical Pieces.]
NUMBER II. of THE ROYAL American Magazine,
Or UNIVERSAL Repository of Instruction and Amusement, For FEBRUARY, 1774.
CONTAINING, The Origin of Letters continued—The Character of an American Patriot—Philosophical Reasons for observing the Sabbath—Medical Observations—A Genealogical Problem—Reflections on Generosity—A Winter Piece—An attempt to prove the use of Letters, and the Art of Printing, were known before the Flood—The Reverie—Justice and Generosity—The Fortune Hunter—Sentences worthy of being remembered—Epitome of Captain Wallis's Voyage round the World, continued—Miscellaneous and detached thoughts—The Directory of love—Thoughts on Periodical Publications—Political Essays—The Choice—On God—To the Author of the Lines on the Connubial State—An Elegy on the Death of a favourite Dog—The Dying Negro—HISTORICAL CHRONICLE—General History of America—DOMESTIC INTELLIGENCE—Council's Answer to Governor Hutchinson's Speech—House of Representatives ditto—Messages from the House of Representatives of Massachusetts-Bay to the Governor—Governor's Answers thereto—Marriage and Death—Meteorological Observations on the weather.
Printed and sold by I. THOMAS, Boston, and the Printers and Booksellers in AMERICA.
To be SOLD VERY CHEAP. A TOPSAIL SCHOONER of about Eighty TONS, high deck, long quarter deck and very burthenome. Enquire of the Printer.

Whilst such process as you have attempted to commence appear to me to be unconstitutional, I cannot shew any reason to it.  Milton, Feb. 1774. T. HUTCHINSON.  The House upon consideration of this Message, wherein it appears to be the opinion of the Governor, that Governor and Council are not a Court competent for trial of high crimes and misdemeanors, done and committed by an officer of their own appointment, and being used to take every method for the removal of the Chief Justice, did afterwards send up to the Governor and Council the same articles with an introduction and conclusion in a separate form from the other; by no means however respecting their impeachment, or their original address for the removal of the Chief Justice; in order that the matter might be taken up by the Governor and Council in which they saw fit to them it should seem meet.  The introduction is in the following words, viz.  "In the House of Representatives, March 1, 1774.  "WHEREAS this House did on the twelfth day of February last, address his Excellency the Governor and Council, for the removal of Peter Oliver, Esq; Chief Justice of his Majesty's Superior Court of Judicature, Court of Assize and General Goal Delivery over this whole province, for certain reasons therein set forth, and did afterwards address the Governor, praying that he would further consider the said former address for the removal of the said Chief Justice, and that he would take the advice of the Council thereon: And his Excellency did utterly refuse to comply with the request of the House, and lay the same before the Council for advice:  "And whereas this House did also on the 24th day of February proceed to impeach the said Peter Oliver, Esq; of certain high crimes and misdemeanors, before the Governor and Council, a Court competent in the opinion of this House, or the trial of the same, to the intent of the determining the necessity of therefrom of the said Peter Oliver, Esq; from his said office: But his Excellency hath in his Message of the 6th of February declared, that "whilst such process as this House has attempted to commence, appears to him to be unconstitutional, he cannot shew any countenance to it." Therefore, to prevent any doubts or delays, or advantages being taken—on account of the mere informality of any of our former proceedings, this House hath thought proper to exhibit the same articles of charge and complaint against the said Peter Oliver, Esq; in such forms as will remove all colour or pretence of exception, viz.  "Province of Massachusetts-Bay.  "To his Excellency THOMAS HUTCHINSON, Esq; Governor and Commander in Chief in and over his Majesty's province of the Massachusetts-Bay, and to the Honourable his Majesty's Council.  "ARTICLES of high crimes and misdemeanors offered to his Excellency the said Governor.  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 Marroto, white Roundival, Ledman's Dwarf and Spanish Marroto 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 Cabbage, Cabbage: green and white Gofs, 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 savory 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 Grains, Asparagus, Celery, Lavender and white Mustard seeds; water and musk Mellon seeds; summer and winter Squash seeds; Hemp, Rape and Canary bird seed; choice split Pease by the large or smaller quantity. N. B. English GOODS.
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 Roundival, green Marroto, Spanish Marroto, crooked Sugar and Ledman's dwarf PEAS, Toker, best Windsor, early Lisbon and large Dutch Kidney BEANS, Strasburgh, Spanish silver-skin and Portugal Onion, orange, early short, early yellow and scarlet Carrot, swelling Parsnip, early Turnip, early short-topped London, Salmon Turnip, Spanish and scarlet Radish, early Frame, white Cabbage, white Gofs, early green Gofs, large green Gofs, bloody Gofs, Aleppo Gofs, brown Dutch, marble, royal brown Dutch, Imperial, Tennissball and Capuchin Lettice, prickly and round Spinage, red Beets, Italian and solid Celery, curled Peppergrains, Indian Cresses, curled and large rooted Parsley, early and late Colliflower, early Yorkshire, large Battersea, early Dutch, large Scotch, large Winter and Turnip Cabbage, green, white 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, Lucern, 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.
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 SURCOMB. N. B. A very good horse and handsome chaise to be sold. Enquire of Mary Surcomb. 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. UEBEC and Nova-Scotia OATS. Also, Nova-Scotia Peas. To be SOLD by JOSEPH P. PALMER. The lowest store on the south side of the Town-Dock.
To be SOLD, NEW COPPER STILL, contains one hundred gallons; three hundred hogheads of SALT. Enquire of the Printer.
To be SOLD, VERY good BILLIARD TABLE, with balls, tacks, &c. compleat. Enquire of the Secretary to the articles of the message of yest.
To be SOLD at the Shop of CHARLES LOWE in Marshall's Lane, facing the Boston-Stone, complaint. To be sold at the Shop of
NE Lisbon OIL, by the gallon Durham Mustard, by the pound or less. M O N Herring, by the hundred or less. Bee Dorchester Beer, by the gallon or quart. Currants and Raisins, by large or small quantity.
And Merchantable Fish, by the Quantity.
A L S O, Melasses, Cotton Wool, Indigo, Raisins, Pepper, Spermaceti, Dumb Fish, Indian and Rye Meal. And many other ARTICLES.
GARDEN SEEDS. Imported from LONDON , in Capt. Shepherd, Also, an assortment of AMERICAN SEEDS, Sold at the following prices (in sterling money) per pound, pease and beans, per bushel, and very cheap per smaller quantities, for ready money only, by JOHN WHITTE, Gardner, and Seeds-Man, in SEVEN-STAR LANE, BOSTON.
   Per Bushel. Per Pound.     EARLY Hotspur Peas 1d. Cured cresses, 2s. 6d.   Early Charlton do. 1d. White Mustard, 2s. 6d.   Early Golden Hotspur, do. 1d. Cured Parsley, 2s. 6d.   Spanish Morotto do. 1d. Red Beet, 3s.   Flanders Hotspur do. 1d. Solid Celery, 4s.   Green Roundival do. 1d. Italian Celery, 4s.   Dwarf Marrowfat do. 1d. Asparagus, 3s.   Large Marrowfat do. 1d. Mellon of several sorts, 12s.   Hotspur Beans, 12s. Water Mellon, 4s.   Lisbon do. 12s. Early Yorksh. Cabbage, 15s.   Windsor do. 18s. Early Dutch Cabbage, 8s.   Broad Spanish do. 18s. Early Battersea ditto, 8s.   Dutch Running do. 18s. Large English Cabbage, 3s.   Early French do. 18s. Late Dutch Cabbage, 8s.   Kidney Beans of several sorts, 18s. Large Winter Cabbage, 4s. 6d.   Per Pound. Green Savoy Cabbage, 6s.   Strasburgh 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, 2s.   Lemon do. 3s. 6d. Hypop, 8s.   Parsnip, 2s. Summer Savory, 8s.   Green Turnip, 1s. 10d. Sweet Marjoram, 10s. 6d.   Early Dutch do. 1s. 10d. 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.   Salmon Radish, 1s. 10d. Dried sweet Herbs—   Sandwich Radish, 1s. 10d. Summer Savory, 1s.   Short-top Radish, 1s. 10d. Sweet Marjoram, 1s. 6d.   White Turnip Radish, 3s. 6d. Sage, 1s.   Green Gofs 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. Hypop, 1s.   Button Lettice, 7s. Garlick, 9d.   Endive, 9s. Shalots, 6d.   Round Spinage, 2s. Horse Radish, 5d.   Prickly Spinage, 2s. half-penny.    ALSO, a large variety of FLOWER SEEDS and PLANTS, too numerous to mention here.
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.
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.
A SMART, active Lad, who is neither a Macaroni, or a Slobben, is wanted as an APPRENTICE to the Printing Business. Enquire of the Printer hereof.
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.
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-Stone, CHOICE CHESHIRE and NEW-ENGLAND CHEESE.
NEW-YORK, December 14, 1773. PROPOSALS
For printing by SUBSCRIPTION, THE Memoirs of the Life of the Rev. GEORGE WHITEFIELD, M. A. Late Chaplain to 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.  C O N D I T I O N S.   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 Cornfields, and PHILIP FREEMAN, jun. near Liberty-Tree, in Boston, and by all the Printers and Booksellers on the Continent.
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, postman's locks, brass Stag and duffle pruning nails, thimbles, two facet joint rules, top borers, Penknives, two cases rasps, files, thumb latch very neat knives and es. marking irons, gimblets, frying pans, Jews forks. harps, gilt buttons, steel Scissors, shears, cuttoes, watch chains, quadrille razors, chizzles, gouges, wheat scythes, crooks cork machines, snuff and cut saws, hand saws, tobacco boxes, neat pappant and dove tail paper do. ink pots, combs of saws, curling and pinching tonges, hammers, very nice padlocks, elegant brass 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.
S I L K S And Superfine BROAD CLOTHS.
A Prime assortment of Padusoys, Ducapes, Lustring; plain and figured satins, damasks, sarisets, &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.
This day was published, price 6d. The BOSTON SHEET ALMANACK.
Just published, (price 1s. 6d. well bound) And to be SOLD by James Foster Condyl, At his BOOK STORE in Union street, directly opposite the Cornfields, Boston, A N 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. Psalterium of Conscience, 4to. Evans's poems, 8vo. Vicar of Wakefield, 12mo. Dissenting Gentleman's answer to Mr. White's three Letters. 12mo.
PAMPHLETS. Poem, entitled the Grave. Doddrige's Family Religion. Smith's Essay on Universal Redemption; Recovery from Sickness. Rush, on Mineral Waters, Cruel Commentaries against Bishops. Sermons to Doctors in Divinity. (Lord Sommers) on Nations and Kings. (Death.) A Poetical Essay. Letters from Yorrick to Eliza. Sermons to Asses. History of Belisarius, &c. &c. &c.
LONDON, November 10. TUESDAY night a publican at Wapping, notorious for his profligacy, for a wager of half a guinea, and he that uttered the most blasphemous imprecations, and oaths was to be the winner. In the midst of their impious contention, the publican's lower jaw was suddenly turned on one side, and he continued speechless till next morning, when he died. By a gentleman just arrived from Rome, we are informed, that the pope, having the rights and interests of humanity much at heart, was determined to put a stop to the further qualifications of Italian fingers (by castration) but that, just as he was upon the eve of carrying the same into execution, he received so many petitions from all orders of people, "complaining of such an edict, ruining the trade of the country," that his holiness, through policy, was obliged to desist from so laudable an undertaking.
A correspondent at Elsinore writes, that a shoemaker of that town in a fit of melancholy, not having resolution enough to make away with himself, his life being a burden to him, determined to be guilty of some murder, and deliver himself up to the hand of justice. Accordingly he sallied forth at night armed with a knife for the purpose, but changing his mind, not daring to put his design into execution, he threw himself into a canal in one of the streets. Some sailors hard by hearing his fall into the water, ran to the place, took him out in time, and conducted him home to his house. As soon as he was free from his deliverers, he sent his wife to an apothecary, under a pretence of fetching him a cordial, which in fact, he much wanted; he no sooner found himself alone, than he approached his child, which lay in the cradle, embraced it, and cut off its head. At this instant his wife returned, found the innocent victim weltering in his blood, and shrieked. The noise brought the patrol to the house, who seized the unnatural father, and conducted him to prison, where, after depriving him of every thing that he could possibly make use of to destroy himself, they left him loaded with irons, and abandoned to the most violent despair. This unhappy creature drew himself with difficulty to his prison window, broke a pane of glass with his head, and forcing his neck upon the edge of the broken part, cut his throat, and died.
Nov. 13. The following affair is no less odd than true:—On Sunday last an old country woman, a pigeon fancier, who had not been at church for nine years past, had the curiosity to step into a church in this metropolis, and was handed into a pew; not being used to the solemnity of church service, the soon fell asleep; however, she had not been long in that situation before the unfortunately broke wind aargo, and so loud as many of the congregation heard it. A young lad being near, waked her with, "Goody, Goody, your back-door is open." The woman thinking she was at home, cried out, "Lord, is it! then all my pigeons are gone." She immediately rose up in great surprise, and with great precipitation hurried through a no less surprised congregation.
For the MASSACHUSETTS SPY. IF any man desires pre-eminence over his brethren in human nature, in order to show a lower down felicity upon them, his desire is laudable; but if he desires it only to gratify his own vanity, he is culpable. There is no station so high, but felicity was intended to flow from it down upon all the inferior subjects. A King himself is only as a being pompously set up to serve the meanest slave.—Let subjects duly consider this, and then they will look on their Prince, with an eye less tinged with envy and disaffection than they sometimes do. We are commanded in sacred scripture to covet earnestly the best gifts, 1st, for our own sakes; 2dly, for the sake of those with whom we are connected. To be destitute of such a desire of elevation as this, is stupidity. Fathers, and all other superiors, should not provoke their children to wrath, lest they be discouraged from using all laudable methods of obtaining such an elevation. A nation should not be cowed into timid servitude; the generous steed should be curbed moderately but not absolutely checked. The Britannic nation is like a truly generous steed; and when it hath got a skilful rider, who keep a firm seat, it carries him with perhaps more velocity, safety, grace and success, than any other nation carries its rider. BASILOPHILUS.