The Loyalists of Massachusetts and the Other Side of the American Revolution

by James Henry Stark

Chief Justice of Massachusetts.

Peter Oliver, son of Daniel Oliver and brother of Andrew Oliver, the Lieutenant Governor, born in 1713, married Mary, daughter of William Clark. His son Peter, Jr., married Sarah, daughter of Governor Hutchinson. Peter Oliver, Sr., graduated from Harvard College in 1730. He received the degree of L.L. D. He was appointed to the supreme bench of the province, September 15, 1756.

An affair happened at the close of the year 1773, which drove Adams and all his factions into madness. It was a grant from the King of a salary to the judges of the Supreme Court. The Assembly had endeavoured to keep the judges in absolute dependence upon their humor and because they found them rather too firm to coincide with their views in the subversion of government, they made them the object of their resentment. The judges of the Court had the shortest allowance from the General Assembly of any publick officers, even their Doorkeeper had a large stipend. The judges' travel on their circuits were from 1100 to 1500 miles in a year. Their circuit business engrossed seven months of the year during the extremes of heat and cold in a severe climate. For all their service, the highest grant made to them was £120 sterling per year, and it had been much less; the Chief Justice had £30 sterling more.

His Majesty taking the cases of the judges into consideration, and from his known justice and benevolence, ordered their salaries to be paid out of his revenues in America, such salaries as would keep them above want, and below envy. The judges upon hearing of His Majesty's intention of such a grant had agreed to accept it, but four of them who lived at and near the focus of tarring and feathering, the town of Boston flinched in the day of battle, they were so pelted with soothings one day, and with curses and threatenings the next, that they prudentially gave the point up. The Chief Justice was now left alone in the combat, his brethren had but lately been seated on the Bench. He had been 17 years in the service, and had sunk more than £2000 sterling in it. He had offered not to accept of the grant (if His Majesty would permit him to do so), provided the Assembly would reimburse him one-half of his loss in their service, and for this he would resign his seat on the Bench. The Chief Justice very luckily lived at Middleborough, about 30 miles from Boston, or perhaps he would have followed suit of his brethren in giving up the King's grant. A message was sent to him by the Lower House signed "Samuel Adams, Clerk," requiring him to make explicit answer whether he would accept of the King's grant, or of their grant. He replied that he should accept the King's grant. Nothing less than destruction now awaited him. Col. Gardner, who was afterwards killed at Bunker Hill, declared in the General Assembly, that he himself would drag the Chief Justice from the Bench, if he should sit upon it.

The Assembly voted that he had rendered himself obnoxious to the people, as an enemy, and immediately presented a petition for his removal. Articles of impeachment for high crimes and misdemeanors were exhibited, which Gov. Hutchinson refused to countenance. The grand jury at Worcester on April 19th following, presented to the court a written refusal to serve under the Chief Justice, considering it illegal for him to preside until brought to answer to the above mentioned charges. He became a refugee in 1775, and died at Birmingham, England, in October 1791, aged 79.[155] Of the five judges of the Superior Court of Massachusetts at the commencement of the Revolution, four remained loyal, viz., Peter Oliver, Edmund Trowbridge, Foster Hutchinson, and William Browne. The Revolutionary member of the Court was William Cushing. Judges at this time wore swords, ermine robes, etc., while on the Bench.

Dr. Peter Oliver. Second son of Chief Justice Oliver, of Massachusetts, graduated at Harvard University in 1761. He dwelt at Middleborough, Plymouth County. He had practised in Scituate in early life, was one of the eighteen country gentlemen who were driven into Boston and who were Addressers of General Gage in 1775. He was proscribed and banished in 1778, and became a refugee in England, where he died at Shrewsbury, in Sept. 1822, aged eighty-one.

Daniel Oliver, son of Chief Justice Oliver, a learned and accomplished lawyer of Worcester County, graduated at Harvard College in 1762. A refugee loyalist of the Revolution, he died at Ashted, Warwickshire, May 6, 1826, aged 82. His father was an antiquarian, and copied with his own hand Hubbard's manuscript History of New England, which the son refused the loan of to the Massachusetts Historical Society for publication in their Collection.[156]

Sabine says that it was Doctor Oliver who refused to lend his copy or at least to permit a transcript of such parts of it as were missing in the American manuscript. In consequence, we have "Hubbard" mutilated at the beginning, and at the end. At this time, 1814, when the Massachusetts Historical Society with the aid of the Legislature desired to publish that work, there was a very bitter feeling towards the United States on account of the war at that time existing between the two countries.

Andrew Oliver of Salem, son of Lieutenant Governor Oliver, graduated at Harvard College in 1749. Studied law. Was often a representative to the assembly and a judge of the Court of Common Pleas. He was one of the founders of the American Academy of Arts and Sciences, and a member of the American Philosophical Society at Philadelphia; he was considered one of the best scholars of his day, and possessed fine talents. Judge Oliver was never fond of public life, but ardently attached to his books and friends. He was honored with a commission of mandamus councillor, which he declined. He married Mary, daughter of Chief Justice Lynde, and many of his descendants are now living here, for although Judge Oliver was a loyalist, he was the only member of his family that was not driven out of his country in consequence of the Revolution.

Peter Oliver of Salem, the son of Lieutenant Governor Andrew Oliver, was an Addresser of Gage in 1775 and was proscribed and banished in 1778. He became a surgeon in the British Army, and died at London in April, 1795. His widow afterwards married Admiral Sir John Knight, and died in 1839.

Brinley Sylvester Oliver, another son of Andrew Oliver, graduated at Harvard in 1774. Later became a surgeon in the British service; was also purser on the Culloden at the battle of the Nile. He died in 1828.

SIR FRANCES BERNARD
Born in 1712 at Brightwell England. Governor of Massachusetts from 1760 to 1769. Died in England June 16, 1779. From Copley's painting in Fiske's American Revolution.

A third son, William Sanford Oliver, in 1776 accompanied the Royal Army to Halifax. He settled at St. John, New Brunswick, at the peace, and was the first Sheriff of the county. His official papers are dated at Parr or Parr-town, by which names St. John was then known. In 1792, he held the office of Marshal of the Court of Vice-Admiralty of New Brunswick. At the time of his death, he was Sheriff of the County of St. John, and Treasurer of the Colony. He died at St. John in 1813, aged 62. His son, William Sanford Oliver, was a grantee of St. John in 1783, but left New Brunswick about 1806, and entered the Royal Navy. He rose to the position of Captain and was married at Heavitree, in October, 1811, to Mary Oliver Hutchinson, the daughter of Thomas Hutchinson, Jr., who was brought to England in 1770 by her father and mother, when she was but three years of age. He was put on the retired list in 1844, and died in England the next year, aged 71.

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