thief juftice of the fuperior court, &c. before the governor and council, of high crimes and misdemeanors, and that you had prepared the articles of impeachment, and prayed that I would be in the chair, that you might then have an opportunity of laying them before the governor and council. I know of no fpecies of high crimes and misdemeanors, nor any offence against the law committed within this province, let the rank or condition of the offender be what it may, which is not cognizable by fome judicatory or judicatories, and I do not know that the governor and council have a concurrent jurifdiction with any judicatory in criminal cafes, or any authority to try and determine any fpecies of high crimes and misdemeanors whatsoever. If I should affume a jurifdiction, and with the council try offenders against the law without authority granted by the charter, or by a law of the province in purfuance of the charter, I fhall make myfelf liable to answer before a judicatory which would have cognizance of my offence, and his majefty's fubjects would have juft caufe to complain of being deprived of a trial by jury, the general claim of Englifhmen, except in those cafes where the law may have made fpecial provifion to the contrary. Whilft fuch procefs as you have attempted to commence hall appear to be unconftitutional, I cannot fhew any countenance to it. Milton, Feb. 26. T. HUTCHINSON." The house, upon the confideration of this meffage, fent up to the governor and council the fame articles, with an introduction and conclufion in a different form from the other; by no means however retracting their impeachment, or their original addrefs for the removal of the chief justice. The introduction was altered as follows: "Articles of high crimes and misdemeanors, offered and prefented to his excellency the governor, and to the honourable his majesty's council, against Peter Oliver, Efq. chief juftice, &c. this ift day of March, 1774. [Here the articles were brought in, totidem verbis, as they flood in the impeachment, and the conclufion was as follows, viz.] All which matters, contained in the foregoing articles, the faid houfe of reprefentatives are ready to verify and prove. They therefore pray in their own name, and in the name of all the inhabitants of this province, that the governor and council would give orders that the faid Peter Oliver, Efq. may be no tified to make anfwer to the charges contained in the foregoing articles, and be brought to a hearing and trial thereon; that if he be found guilty thereof, he may, by the governor and council, be forthwith removed from his faid office, and fome other more worthy be nominated and appointed in his ftead.” There were 78 members prefent in the house, and the divifion was 71 to 7. (Prefented March 25, 1774.) SHEWETH, THA HAT your petitioners, being natives of his majefty's dominions in America, are deeply interested in every proceeding of the houfe, which touches the life, liberties, or property of any perfon or perfons in the faid dominions. That your petitioners conceive themselves and their fellow-fub jects intitled to the rights of natural juflice, and to the common law of England, as their unalienable birthright. That they apprehend it to be an inviolable rule of natural justice, that no man fhall be condemned unheard; and that, according to law, no perfon or perfons can be judged without being called upon to anfwer, and being permitted to hear the evidence against them, and to make their defence; and that it is therefore with the deepest forrow they underftand that the house is now about to pass a bill, to punish with unexampled rigour the town of Bofton, for a trefpafs committed by fome perfons unknown upon the property of the Eaft-India company, with out the faid town's being apprized of any accufation brought against them, or having been permitted to hear the evidence, or to make their defence. That your petitioners conceive fuch proceedings to be directly repugnant to every principle of law and juftice; and that, under fuch a precedent, no man, or body of men, in America, could enjoy a moment's fecurity; for if judgment be immediately to follow an accufation against the people of America, fupported even by perfons notoriously at enmity with them; the accufed, unacquainted with the charge, and, from the nature of their fituation, utterly incapable of anfwering and defending themselves; every fence against falfe accufation will be pulled down, juftice will no longer be their fhield, nor innocence an exemption from punishment. That the law in America minifters redrefs for any injuries fuftained there; and they can moft truly affirm, that it is administered in that country with as much impartiality as in any other part of his majefty's dominions. In proof of this, they appeal to an inftance of great notoriety, in which, under every circumftance that could exafperate the people, and difturb the course of juftice, Captain Prefton and his foldiers had a fair trial, and favourable verdict. While the due courfe of law holds out redress for any injury fuftained in America, they apprehend the interpofition of parliamentary power to be full of danger, and without any precedent. If the perfons who committed this trefpafs are known, then the EastIndia company have their remedy against them at law; if they are unknown, the petitioners cannot comprehend by what rule of juftice the town can be punished for a civil injury committed by perfons not known to belong to them; and the petitioners conceive, that there is not an inftance, even in the most arbitrary times, in which a city was punished by parliamentary authority, without being heard, for a civil offence. not committed in their jurifdiction, and without redress having been fought at common law. The cafes which they have heard adduced are directly against it. That of the king against the city of London, was for for a murder committed within its walls, by its citizens, in open day; but even then, arbitrary as the times were, the trial was public in a court of common law, the party heard, and the law laid down by the judges was, that it was an offence at the common law to fuffer fuch a crime to be committed in a walled town tempore diurno, and none of the offenders to be known or indicted. The cafe of Edinburgh, in which parliament did interpofe, was the commiffion of an atrocious murder within her gates, and aggravated by an overt act of high treafon, in executing, against the exprefs will of the crown, the king's laws. It is obfervable, that these cities had, by charter, the whole executive power within themfelves; fo that a failure of justice neceffarily ensued from the connivance. In both cafes, however, full time was allowed them to discharge their duty, and they were heard in their defence; but neither has time been allowed in this cafe, nor is the accufed heard, nor is Boston a walled town, nor was the fact committed within it, nor is the executive power in their hands, as proceeding of exceffive rigour and injuftice will fink deep in the minds of their countrymen, and tend to alienate their affections from this country; and that the attachment of America cannot furvive the juftice of Great-Britain; and that if they fee a different mode of trial established for them, and for the people of this country; a mode which violates the facred principles of natural juftice, it must be productive of national diftruft, and extinguish thofe filial feelings of refpect and affection which have hitherto attached them to the parent ftate urged therefore by every motive of affection to both countries, by the most earnest defire, not only to preferve their own rights, and thofe of their countrymen, but to prevent the diffolution of that love, harmony, and confidence, between the two countries, which was their mutual bleffing and fupport, your petitioners humbly pray, that the said bill may not pafs into a law. America. To the Hon. the Commons of Great- it is in thofe of London and Edin- Second Petition of feveral Natives of burgh. On the contrary, the governor himself holds that power, and has been advised by his majefty's counsel to carry it into execution; if it has been neglected, he alone is anfwerable; if it has been executed, perhaps at this inftant, while punishment is inflicting here on thofe who have not been legally tried, the due courfe of law is operating there, to the difcovery and profecution of the real of fenders. Your petitioners think themselves bound to declare to the houfe, that they apprehend, a (Presented May 2, 1774.). SHEWETH, THAT your petitioners are again constrained to complain to the houfe of two bills, which, if carried into execution, will be fatal to the rights, liberties, and peace, of all America. Your petitioners have already seen, with [P] 3 equal equal aftonishment and grief, pro- treat the houfe to confider what ceedings adopted against them, must be the confequence of fending which, in violation of the first troops, not really under the conprinciples of juftice and of the laws troul of the civil power, and unof the land, inflict the feverest amenable to the law, among a punishments, without hearing the people whom they have been inaccufed. Upon the fame principle duftriously taught, by the incenof injustice, a bill is now brought diary arts of wicked men, to regard in, which, under the profeffion of as deferving every fpecies of infult better regulating the government and abufe; the infults and injuries of the Maffachufett's Bay, is cal of a lawle's foldiery are fuch as no culated to deprive a whole pro- free people can long endure; and vince, without any form of trial, your petitioners apprehend, in the of its chartered rights, folemnly confequences of this bill, the horrid fecured to it by mutual compact outrages of military oppreffion. between the crown and the people. followed by the defolation of civil Your petitioners are well informed, commotions. The difpenfing power that a charter fo granted, was never which this bill intends to give to before altered, or refumed, but upon the governor, advanced as he is a full and fair hearing; that there already above the law, and not fore the prefent proceeding is totally liable to any impeachment from unconstitutional, and fets an ex- the people he may opprefs, must ample which renders every charter conftitute him an abfolute tyrant. in Great-Britain and America Your petitioners would be utterly utterly infecure. The appointment unworthy of the English ancestry, and removal of the judges, at the which is their claim and pride, if pleasure of the governor, with they did not feel a virtuous indig falaries payable by the crown, puts nation at the reproach of difaffec the property, liberty, and life of tion and rebellion, with which they the fubject, depending upon judi- have been cruelly afperfed. They cial integrity, in his power. Your can with confidence fay, no impu petitioners perceive a fyftem of tation was ever lefs deferved. They judicial tyranny deliberately at appeal to the experience of a centhis day impofed upon them, which, tury, in which the glory, the honour, from the bitter experience of its the profperity of England, has been, intolerable injuries, has been abo in their eftimation, their own; in lished in this country. Of the which they have not only borne fame unexampled and alarming the burthen of provincial wars, but nature is the bill, which, under have fhared with this country in the title of a more impartial ad- the dangers and expences of every miniftration of juftice in the national war. Their zeal for the province of Maffachufett's-Bay, im- fervice of the crown, and the depowers the governor to withdraw fence of the general empire, has offenders from juftice in the faid prompted them, whenever it was province, holding out to the fol required, to vote fupplies of men diery an exemption from legal pro and money, to the utmost exertion fecution for murder, and in effect of their abilities. The journals of fubjecting that colony to military the houfe will bear witnefs to their execution. Your petitioners in- extraordinary zeal and fervices |