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giflative fhould refide in the whole body of the people, or their reprefentatives." The political liberty of the fubject is a tranquillity of mind, arifing from the opinion each perfon has of his fafety. In order to have this liberty, it is requifite the government be so conftituted, as that one man need not be afraid of another. When the power of making laws, and the power of executing them, are united in the fame perfon, or in the fame body of magiftrates, there can be no liberty; becaufe apprehensions may arife, left the fame monarch or Jenate should enact tyrannical laws, execute them in a tyrannical

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The power of judging fhould be exercised by perfons taken from the body of the people, at certain times of the year, and purfuant to a form and manner prefcribed by law. There is no liberty, if the power of judging be not feparated from the legislative and executive powers."

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Military men belong to a profeffion, which may be useful, but is often dangerous.' "The enjoyment of liberty, and even its fupport and preservation, confifts în every man's being allowed to fpeak his thoughts, and lay open his fentiments."

Apply thefe decifive maxims, fanctified by the authority of a name which all Europe reveres, to your own state. You have a governor, it may be urged, vefted with the executive powers, or the powers of adminiftration. In him, and in your council, is lodged the power of making laws. You have judges, who are to decide every cause affect ing your lives, liberty or property. Here is, indeed, an appearance of

the feveral powers being separated and diftributed into different hands, for checks one upon another, the only effectual mode ever invented by the wit of men, to promote their freedom and profperity. But fcorning to be illuded by a tinfelled outfide, and exerting the natural fagacity of Frenchmen, examine the fpecious device, and you will find it, to use an expreffion of Holy Writ, "a painted fepulchre," for burying your lives, liberty and property.

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Your judges, and your legiflative council, as it is called, are depend ent on your governor, and he is dependent on the fervant of the crown in Great Britain. The legislative, executive and judging powers are all moved by the nods of a minifter. Privileges and immunities last no longer than his smiles. When he frowns, their feeble forms diffolve. Such a treacherous ingenuity has been exerted in drawing up the code lately offered you, that every fentence, beginning with a benevolent pretenfion, concludes with a destructive power and the fub. ftance of the whole, divefted of its fmooth words, is-that the crown and its minifter fhall be as abfolute throughout your extended province, as the defpots of Afia or Africa. What can protect your property from taxing edicts, and the rapacity of neceffitous and cruel maf ters? your perfons from lettres de catchet, gaols, dungeons, and oppreffive fervice? your lives and general liberty from arbitrary and unfeeling rulers? We defy you, cafting your view upon every fide, to

difcover a fingle circumftance promifing from any quarter the fainteft hope of liberty to you or your pofterity, but from an entire

adoption

adoption into the union of these colonies.

What advice would the truly great man before mentioned, that advocate of freedom and humanity, give you, was he now living, and knew that we, your numerous and powerful neighbours, animated by a juft love of our invaded rights, and united by the indiffoluble bands of affection and intereft, called upon you, by every obligation of regard for yourfelves and your children, as we now do, to join us in our righteous conteft, to make a common caule with us therein, and take a noble chance for emerging from a humiliating fubjection under governors, intendants, and military tyrants, into the firm rank and condition of English freemen, whofe cuftom it is, derived from their ancestors, to make thofe tremble who dare to think of making them miferable. Would not this be the purport of his addrefs? "Seize the opportunity prefented to you by Providence itself. You have been conquered into liberty, if you act as you ought. This work is not of man. You are a small people, compared to thofe who with open arms invite you into fellowship. A moment's reflection fhould convince you which will be most for your intereft and happiness, to have all the reft of North America your unalterable friends, or your inveterate enemies. The injuries of Bofton have roufed and affociated every colony, from Nova-Scotia to Georgia. Your province is the only link wanting to compleat the bright and ftrong chain of union. Nature has joined your country to theirs. Do you join your political interefts. For their own

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We are too well acquainted with the liberality of fentiment diftinguifhing your nation, to imagine that difference of religion will prejudice you against a hearty amity with us. You know, that the tranfcendent nature of freedom elevates thofe, who unite in the cause, above all fuch low-minded infirmities. The Swifs Cantons furnish a memorable proof of this truth. Their union is compofed of Catholic and Proteftant states, living in the utmost concord, and peace with one another, and thereby enabled, ever fince they bravely vindicated their freedom, to defy and defeat every tyrant that has invaded them.

Should there be any among you, as there generally are in all focieties, who prefer the favours of minifters, and their own interests, to the welfare of their country; the temper of such selfish perfons will render them incredibly active in oppofing all public-fpirited measures, from an expectation of being well rewarded for their fordid induftry, by their fuperiors: but we doubt not you will be upon your guard again ft fuch men, and not facrifice the liberty and happinefs of the whole Canadian people and their pofterity, to gratify the avarice and ambition of individuals.

We do not ask you, by this address,

drefs, to commence acts of hoftility against the government of our common fovereign. We only invite you to confult your own glory and welfare, and not to fuffer your felves to be inveigled or intimidated by infamous minifters fo far, as to become the inftruments of their cruelty and defpotifm, but to unite with us in one focial compact, formed on the generous principles of equal liberty, and cemented by fuch an exchange of beneficial and endearing offices as to render it perpetual. In order to complete this highly defirable union, we fubmit it to your confideration, whether it may not be expedient for you to meet together in your feveral towns and diftricts, and elect deputies, who afterwards meeting in a provincial congrefs, may chufe delegates, to reprefent your province in the continental congrefs to be held at Philadelphia, on the tenth day of May, 1775.

have addreffed an humble and loyal petition to his majefty, rraying relief of our grievances; and have affociated to ftop all importation from Great-Britain and Ireland, after the first day of December, and all exportation to thofe kingdoms and the Weft-Indies, after the tenth day of next September, unless the faid grievances are redreffed.

That Almighty God may incline your minds to approve our equitable and neceffary measures, to add yourselves to us, to put your fate, whenever you fuffer injuries which you are determined to oppofe, not on the fmall influence of your fingle province, but on the confolidated powers of North-America, and may grant to our joint exertions an event as happy as our caufe is juft, is the fervent prayer of us, your fincere and affectionate friends and fellow-fubjects.

By order of the Congress, HENRY MIDDLETON, prefident. Od. 26, 1774.

Articles of Impeachment of bigb Crimes and Misdemeanors against Peter Oliver, Esq. Chief Justice of the Superior Court of Judicature, &c. over the province of Maffachufett's Bay, by the House of Reprefentatives in General Court affembled, in their own name, and in the name of all the inhabitants of that province, February 24,

In this prefent congrefs, begin ning on the 5th of laft month, and continued to this day, it has been with univerfal pleasure, and an unanimous vote, refolved, that we should confider the violation of your rights, by the act for altering the government of your province, as a violation of our own; and that you should be invited to accede to our confederation, which has no other objects than the perfect fecurity of the natural and civil rights of all the conftituent members, according to their refpective circumftances, and the TH peachment were in fubftance prefervation of a happy and lafting principal articles of im

connection with Great-Britain, on the falutary and conftitutional principles herein before mentioned. For effecting thefe purposes, we

1774.

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as follows.. "Whereas Peter Oliver, Efq. Chief Justice of the fuperior Court of Judicature over this province, a Court wholly

erected

erected and conftituted by the great and general court or affembly by a power granted to the faid general court by the claufe in the royal charter, well knowing the premises but not regarding the fame, with defign to fubvert the conftitution of this province as established by royal charter, and to introduce into the faid court a partial, arbitrary, and corrupt adminiftration of justice, declining to take and receive any more of the grants of the general affembly of this province, did, on or about the 1oth day of January, 1774, at Boston, take, and receive, and refolve for the future to take and receive from his majesty's minifters and fervants, a grant or falary for his fervices as chief juftice of the faid fuperior court, against his own knowledge of the faid charter, and of the way and manner prescribed therein for the fupport of his majesty's government in the province, and contrary to uninterrupted, and approved ufage and cuftom fince the erecting and conftituting of the faid court: and the faid Peter Oliver, Efq; continues in his faid refolution fo to do, a gainst the opinion and conduct of the other judges of the faid court, each of whom has declared refpecting himself his refolution to the contrary. And whereas the unmerited fum of 400l. granted by his majefty, and annually to be paid to the faid Peter Oliver, Efq; for his fervices as chief juftice of the faid fuperior court, together with the hopes of its augmentation, if he is still fuffered to continue in the faid office, cannot fail to have the effect of a continual bribery in his judicial proceedings, and expofe him to a violation of his oath. And by his accepting and receiving the VOL. XVII,

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faid fum he hath betrayed the corruption and bafenefs of his heart, and the fordid luft of covetousness, in breach of his engagements to rely folely upon the grants of the general affembly, neceffarily implied and involved in his accepting the faid office.

"And the faid Peter Oliver, Efq; did, on the 8th of February inftant, caufe to be delivered to this houfe a writing under his own hand, dated Feb. 3, the purport of which was as follows:

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May it pleafe your Honours,

In the year 1756, I was appoint ed as a juftice of the fuperior court, and accepted the office contrary to my own inclination, but by the perfuafion of gentlemen who were then members of the general asfembly. In this office I have continued for above 17 years; and I hope your honours will excufe me if I fay, that I never was yet confcious that I had ever been guilty of any violations of the laws of my country in a judicial capacity, but have always endeavoured to act with that fidelity required in fo important a character; and with this fentiment I doubt not of ever confoling myfelf in the approbation of my own mind.

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During thefe 17 years I have annually felt the great inconveniences of my judicial office, by fuffering in my private bufinefs, and not having a falary which would any ways fupport my family, which was large; and I cannot charge myfelf with any degree of extravagance in the fupport of it, and I wish I may not have been too parfimonious for the dignity of the province, in my judicial cha racter.

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I can with the ftricte truth af fert, that I have fuffered, fince I have been upon the bench of the fuperior court, in the lofs of my bufinefs, and not having fuficient to maintain my family, from my falaries, above 3000!. fterling! I have repeatedly thrown myfelf on former affemblies for relief, but never have obtained any red refs: I have repeatedly attempted to refign my office, but have been diffuaded from it, by many refpectable gentlemen who encouraged me with hopes of fupport, but I never received any relief in that way.

When his majefty, of his great goodness and favour, granted me a falary (as he did to feveral others on the continent in my station) it was without any application of mine; and when it was granted, I thought it my incumbent duty, from the respect and gratitude which I owed to his majesty, from a fense of that fidelity which I ow⚫ ed to my country, by being enabled to difcharge the duty of my office in being less embarrassed in my mind whilft in the execution of it, and being more at liberty to qualify myself for the duties of it in vacation time, as alfo from a principle of juftice due to my family and to others: on thefe accounts, and not from any avaricious views, I was obliged to take his Majefty's grant from the fifth of July, 1772, to the fifth of January, 1774, and have taken the grant of the province only until July.

With respect to my not taking any future grant from his majefty, permit me to fay, that without his majefty's leave I dare not refufe it, left I fhould incur a cenfure of the best of fovereigns. And as the tenor of the grant is during my refidence

in the province as chief juftice, I receive it as during good behaviour, which in my opinion preferves me from any undue bias in the execution of my office.”"

The house of reprefentatives exprefied their refentment at the above writing in very fevere terms, charging the faid Mr. Oliver with ungratefully, falfely, and maliciously, labouring to lay imputation and fcandal on this his maje. fty's government, &c. and conclude their articles of impeachment as follows;

"Wherefore this house of reprefentatives, in their own name, and in the name of all the inhabitants of this province, do impeach the faid Peter Oliver, Eq; of the high crimes and misdemeanors aforefaid. And they pray that the faid Peter Oliver, Efq; chiefjuftice of the fuperior court of judicature, &c. over this whole province, may be put to answer to all and every of the premises; and that fuch proceedings, examina-, tions, trials, and judgements, may be had and ordered thereon, as may be agreeable to law and ju• ftice."

The above articles of impeach. ment were agreed to; the yeas being 92, the nays 8.

The house having, previous to the carrying up this impeachment, acquainted the governor of their refolution, and defired he would then be in the chair; his excellency was pleased to fend them the following meffage, viz.

Gentlemen of the House of Repre jentatives.

By your meffage of yesterday you informed me, that you had refolved to impeach Peter Oliver, Efq;

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