The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-03-10

Thurfday lait his Excellency the Governor TENT
the following menage to the Council, viz.
Geutiemen Of f5e Council,
YOU aequaint me, in your meiiage OF the 7Sth OF
the a month"; that the HouIe OF Representatives. IN their
own name and in the name of the Inhabitants OF this pro-
vince BY Committee, had impeached Peter Oliver, Eff;
Chief Juace of the Superior Court, OF high Crimes and
M5emeanors and had laid on the Council table articles of
Ipeachment agan the ad Peter Oliver Eiqj and prayed
that the Governor and the Council would appoint time
to proceed with, m and judge the faid Peter Oliver Els
As may be agreeable law and uce and you, heeupon,
uray thar viii Be peaied to inform you when will be
prelent with the Counc to proceed upon this buines
The Houfe Of Representatives having by meiiage to
me defed that would be preient, in Council, that they
might have an opportunity of laying articles OF mpeae
ment which they had prepared agan the Chief uee' tor
high Crimes and MiemeanoS before the Governor and
Council declined complying with the reque, for reaons
which thought proper to give in meage to the Houe
and this neage was r communicated to you, agreeable TO
nv uninterrupted practice, that you may be acquainted with
every thing which pacs from me TO the Houie. You ee,
nevertheless, to conder my being Preient IN Council to
proceed with you upon tryal ron hgn Snmes ana iioe
naeanors, as nicer matter ofcowfe.
You have made It neeeary for me to give You my fene
Of the pocrs Of the Governorand Council as they itand re-
lated 10 each other that YOU know upon what prnc
PIES have governed my pa, and nait govern my future
oondua ;ExcePt in my cafes OF wis and a4n'niaAeon'
and marriage and divorce the Governor and Council have
ro iurisi6sn, either civil criminal, Court Of Judi
caare and the affirming the powers Of faeh court with
cur authority derived from the Crown, will undoubtedly be
condered as an offence agan his Maeys perogatve In
thoi judicial y.oceedings, the Governor neceay though
not an integral part. The Council except in judiciary
capaety or as branch OF the legislature are, by the
ituton to he adyi6ng and ang to the Governor, and
are TO be convened for that puoe, from to time at the
dceaton Of the Governor, and by their act nor
by any other authority whatfoever have thought
,fef warranted TO do, attempt do, any a6 Of 60
vernment by myef alone, where the advice and aitance
of tic Council IS, By the charter made neceay In all
cafes where acts have been expedent, and alto where has
been doubtful whether they not exPedlent,
have convened the Council IN order their advice and al
aance But when any ae has been uggeed TO be neeei
f which would connterset and tend to defeat the acts and
dongs Of the King, or which would be in any other eipe
contrary to the duty which the King, have
thought il eonllent with dilIeton to the Coun
ell to ak their advice whether oud houd DO iuoh
ar aa eeing, dare do it although they hOud adye
toit. InlseI an at may be iuggsed Of uch that
it would be an indignity the King Propoe queOn
upon il. i. II &c HI y , N.
5fih,7, Aareb J, IVA.
In COUNCIL, March 4, I774.
ORDERED, Thar william Brattle, Caleb Cuihing and
Samuel Phillips, E7r', 5e Costfer 70 4Ssf on ts Ex
ceizry IRE GevSEay SOS fbs faiOEVizg ssege, Siz.
I" May pleale your ENcellency,
SINCE ehe nesage which the board cent your Ex-
oelenSy the 1Sth of the aa month, aequAnt you,
that The Houe Of Representatives had inPeaehei Peter