The Massachusetts Spy, Or, Thomas's Boston Journal

FRIDAY February 18.

B O S T O N.

On Saturday February 12th, the secretary of the province was directed by the House of Representatives, without delay, to deliver to his Excellency the Governor the following remonstrance and petition, for the removal of PETER OLIVER, Esq; from the Superior Court.

Province of the Massachusetts-Bay.

To his Excellency the Governor and Council.

THE house of representatives of this his Majesty's province beg leave to remonstrate to your Excellency and Honours,that the Hon. Peter Oliver, Esq; the Chief Justice of the Superior Court,of Judicature, court of assize and general goal delivery over the province, a court wholly erected and constituted by the great and general court or assembly by a power granted to the said general court by the royal charter, declining any more to take and receive the grants of the said general assembly for his services as chief justice of the said superior court, hath accepted, taken and received a salary and reward granted to him by his Majesty for his services as aforesaid, from the 5th day of July 1772, to the 5th day of January 1774 : And that the said Peter Oliver, Esq; chief justice of said superior court hath plainly given this house to understand by a writing under his hand, his resolution for the future to accept the salary and reward for his services as aforesaid, which he affirms is granted to him by his Majesty during his residence in the province as chief justice of said superior court. Now this house humbly conceive, that if his Majesty had not been misrepresented by his ministers and counsellors touching the way and manner prescribed by the royal charter for the support of his government in this province, he would not have ordered such salary and reward to be made to the said Peter Oliver, Esq; Nevertheless he the said Peter Oliver, Esq; from his own knowledge of the charter and constitution of the province must have been assured that by accepting and receiving the same and resolving to continue so to do, he hath therein done and resolved to do, contrary to the usage and custom of the justices of the said superior court, since the creating of said court invariably used and improved ; contrary to the plain sense and meaning of the said charter and against the known constitution of this province.

The house would further represent to your Excellency and Honours, That the said Peter Oliver, Esq; hath received the said salary and reward out of the revenue unjustly and unconstitutionally levied and extorted from the inhabitants of the American colonies ; and that he hath acted and done in a manner as aforesaid against the known sense of the body of the people of this province most fully and expressly declared in the several resolutions of divers houses of representatives and otherwise.

And it is the opinion of this house, that the said Peter Oliver, Esq; hath by his conduct as aforesaid perversely and corruptly done that which hath an obvious and direct tendency to the perversion of law and justice in the said superior court : That he hath thereby proved himself an enemy to the constitution of this province ; and has placed himself under an undue bias, detached himself totally from his connection with this people and lost their confidence. And that he hath rendered himself altogether disqualified any longer to hold and act in the office of a justice of the said superior court :

WHEREFORE it is the prayer of the representative body of the people of this province, That your Excellency and Honours in council would be pleased to order that the said Peter Oliver, Esq; be not suffered any longer to sit and act in his office of chief justice, and that he be forthwith and without delay removed from said court.

In the name and by order of the House,

T. CUSHING, Speaker.

S A T U R D A Y, February 19.

B O S T O N.

On Monday following the two Houses passed a resolve for the adjournment of the Superior Court from Tuesday the 15th instant, (being the day on which it was by law to be holden) to a further day ; it being judged by the two houses altogether improper that the Chief Justice should sit and act under the present circumstances, and uncertain what opinion or resolution he might have formed on the matter. The resolve was laid before the Governor, but his Excellency declining to give his assent thereto. Tuesday last the superior court, court of assize and general goal delivery was opened here : The honorable judge Trowbridge, in the absence of the chief-justice having given the charge to the grand jury, the said court was adjourned to Tuesday next. Tuesday afternoon his Excellency the Governor was pleased to send the following Message to the Honourable house of representatives, viz.

" Gentlemen of the house of Representatives,

THE Secretary has presented to me a written paper purporting a remonstrance against Peter Oliver, Esq; chief justice of the superior court, for receiving and for having declared that he will continue to receive the salary which has been granted to him by the king, and thereupon praying in the words following," that your Excellency and Honours would be pleased to order that the said Peter Oliver, Esq; be not suffered any longer to sit and act in his office of Chief Justice, and that he be forthwith and without delay removed from said Court." This Remonstrance the Speaker who has signed the same in the name and by order of the house, directed the secretary to deliver to me.

Considering that some expressions in your remonstrance carry another aspect, it may be necessary to observe to you 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 cause of marriage and divorce, are by the constitution to be advising and assisting to the governor, and do not make one court or judicatory body with the Governor; but the Governor is considered as an integral part andhas authority from time to time at his discretion to assemble and call the council together. Any thing in your remonstrance which has a contrary aspect may have proceeded from inadvertence.

There are other parts of your remonstrance which appear to me very exceptionable, but I chuse to avoid all controversy with you except it shall be my indispensable duty.

I thinkit proper to acquaint you that 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.

If I should comply with your request or take any steps in order to the removal of the Chief Justice from his place, merely for receiving what is thus granted him by the King, I should make myself chargeable with counteracting his Majesty and endeavouring to defeat his royal intentions expressly signified to me, with a contempt of his royal authority, and with a breach of the trust reposed in me by my commission, and I should fear some mark of his royal displeasure. I am therefore in duty to the King obliged to decline your request.

I will by the first opportunity transmit a copy of your remonstrance to be laid before the King, and I shall conform to such further signification of his Majesty's pleasure as I may hereafter receive."

T. HUTCHINSON.

Province-House, 15th February1774.

On Wednesday the 16th, the House ordered the following Message to be carried up to the Council Board, by Mr. Hancock, Mr. Phillips, Major Hawley, Captain Greenleaf, and Mr. Allen, of Gloucester, viz.

May it please the honourable Board,

THE House of Representatives beg leave to acquaint the honourable Board that Peter Oliver, Esq; Chief Justice of the Superior Court of Judicature over this province, declining any more to accept and receive the Grants of this Assembly for his services as a Justice of said Court, hath contrary to the known Constitution of the province, and the invariable usage and custom of said Court, accepted and received a Salary and Reward granted to him by his Majesty for his said service, from the 5th of July 1772,to the 5th Day of January 1774 : which salary and reward he hath taken and received, as has been fully made to appear to this House, out of the revenue unjustly and unconstitutionally levied and extorted from the inhabitants of the American colonies.-

And the said Peter Oliver, Esq; hath also given this house clearly to understand, by a writing under his hand, a true copy of which, together with certain resolutions of this house thereupon, will be laid on the council table, that he is determined for the future to accept the salary and reward, which he affirms is granted to him by his Majesty during his residence in the province as Chief Justice of the said superior court.

The house would further acquaint the honorable board that they did on the 12th of this instant February, pass a remonstrance and petition to his Excellency the Governor and Council, setting forth that the said Peter Oliver, Esq; by his conduct as aforesaid, acting against the known sense of the body ofthe people of this province, most fully and expressly declared in the several resolutions of divers Houses of Representatives, and otherwise had detached himself totally from his connections with them, and lost their confidence; and praying that he might not be suffered any longer to sit and act in the office of Chief Justice of the said Superior Court ;but that he might forthwith be removed therefrom :

Which remonstrance and petition the House did on the same day specially charge the secretary to deliver to the Governor without delay.

The honorable Board will please further to be informed.
that his Excellency by his message of yesterday, acknowledged that the said petition and remonstrance had been laid before him, and expressly declared to this house, that " he was obliged in duty to the King to decline their request;" and also signified to the house, that he should not take any step for the removal of the said Chief Justice on that account. A copy of said remonstrance and petition, with his Excellency's said message, will also be laid on the Council table.

Now this house, having after the most mature deliberation, judged the matters aforementioned, to be of the most weighty importance to this province, do think themselves bound in duty to their constituents, thus explicitly to represent them to the Honourable Board, that the Honourable Board may duly advise thereon, and act and determine as in their own wisdom they shall think proper.

The papers referred to in the foregoing message were afterwards by order of the House laid on the Council table.

M O N D A Y. February 21.

B O S T O N.

On Friday last the whole House of Representatives waited on his Excellency the Governor in the Council Chamber, where the Speaker delivered to him the following Petition for the immediate removal of Peter Oliver, Esq; from the Superior Court, viz.

Province of the Massachusetts-Bay.

To His Excellency The Governor.

THE House of Representatives, deeply affected with the critical situation of public affairs, and anxious for the preservation of the rights and liberties of the people, committed to their care, and impressed with a sense of their duty to God and their Country, in this important hour, beg leave to approach your Excellency, with this their most solemn and repeated application, for the removal of Peter Oliver, Esq; Chief Justice of the Superior Court, now wait on your Excellency with this repeated petition, to which we hope your Excellency will not give a denial, and pray that your Excellency would be pleased to take our remonstrance and petition, to the Governor and Council of the 12th instant, into your further consideration and although your Excellency has signified to this house, that you shall not take any steps for the removal of the Chief Justice from his place, yet, as it is in the judgment of this house, a matter of the most weighty concernment to this province, We pray that your Excellency would please to take the advice of his Majesty's Council thereon. We do with the greatest propriety urge this matter, as we find in the Royal Charter that the principal end of the institution of the council is to be advising and assisting to the Governor, in ordering and directing the affairs of the province, .and that they are expressly appointed for that very end : And your Excellency determining on this matter by yourself, would be to order and direct one of the most important affairs of this province, without the advice and assistance of the council, and contrary to the most evident design of the charter.

We do assure your Excellency that the " written paper," which you are pleased in your message of yesterday to say "purported a remonstrance against Peter Oliver, Esq;"was in truth the remonstrance and petition of this House, passed after the most mature deliberation, by a very great majority, in a very full house.

Your Excellency will please to consider that this house is well knowing to the general sense of their constituents in this matter ; and we can now assure you, that the continuance of the Chief Justice in his place, will encrease the uneasiness of this people without doors, and endanger the public tranquility. We therefore earnestly intreat your Excellency, that while we are in this instance " employing the powers with which we are entrusted in promoting the tranquility and good order of the government," we may, agreeable to your declaration in your speech to both houses, find that you are ready to give your consent to a request of the house intended for that and other great and important purposes ; and that your Excellency will immediately take every step for the removal of the Chief Justice from the Superior Court.

Thus the reader hath a true account of this most momentous affair, as it has hitherto been transacted among the several branches of the legislature. The house of representatives press the removal of the Chief Justice with a becoming firmness and decency : They expressly declare that his continuance in his place will encrease the uneasiness of the people, and endanger the public tranquility. This alone would be a sufficient reason, at least why a prudent Judge should remove himself by a resignation, if he dares not refuse the King's grants" while he holds his office. The Governor it is supposed will not remove him, from a motive said to be obvious. If his Excellency would condescend to take the advice of a private and obscure individual, he would re-consider THE END of an obstinate refusal to comply with so REASONABLE a request made to him by the REPRESENTATIVE BODY Of a FREE And DETERMINED people."