[MS., Office of the City Clerk of Boston.]

To his Honor the Lieutenant Governor in Council

The Memorial of the Town of Boston legally assembled in Faneuil Hall Monday March 19 1770

Humbly shews

That with deep Concern they are made to understand that thro the Providence of God diverse of his Majestys Justices of the Superior Court are renderd unable to attend the Duties of their important Trust by bodily Indisposition.

That there are a great Number of Prisoners now in his Majestys Gaol in the County of Suffolk, of whom fifteen are confind for Tryal for capital offences.

That the Sherriff of said County has been under Apprehension of the Escape of said Prisoners as appears by his Letter to the Town hereto annexd to be laid before your honor.

That there are a great Number of Witnesses in the Cases of the late Trajical Murder in Boston many of whom are Seamen & detaind to their very great Disadvantage & possibly some of them may be under Temptation to absent themselves from the Tryal.

All which the Town beg leave humbly to represent to your honor as cogent Reasons for the Tryal of the said Prisoners as early as possible in the present Term.

Wherefore your Memorialists humbly pray your Honor to appoint special Justices in the Room of those taken off as aforesaid,2 in order for the Tryal of the said Prisoners, or otherwise that your Honor wd take such Steps to prevent the Delay of Justice at this important Crisis as in your Wisdom shall seem meet.

And as in Duty bound your Memsts shall ever pray.

Signd in Behalf of the Town at the Meeting aforesaid.

1 Samuel Adams, John Hancock, and John Barret were on March 19, 1770, appointed by the Boston town-meeting "a Committee to draw up a Memorial to the Lieuvetenant Governor and Council praying that special Justices may be appointed for the Superior Court now sitting in the room of those who may be necessarily prevented by sickness from attending their duty; that so the Tryals of the many Criminals now committed may not be postponed. . . ." At the same session the committee reported a draft, which was accepted.--Boston Record Commissioners' Report, vol. xviii., p. 15. [back]

2 At this point the words "whom the Town reverence & esteem" were stricken from the original draft.