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 à just love of our invaded rights, and united by the indiffoluble bands of affection and intereft, called upon you, by every obligation of regard for yourselves and your children, as we now do, to join us in our righteous conteft, to make a common caufe 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 those tremble who dare to think of making them miferable.

Would not this be the purport of his addrefs?" Seize the opportunity presented 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 those 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 rest of North America your unalterable friends, or your inveterate enemies. The injuries of Boston have roufed and affociated every colony, from Nova-Sco. tia to Georgia. Your province is the only link wanting to compleat the bright and ftrong chain of uni on. Nature has joined your country to theirs. Do you join your political interests. For their own

fakes, they never will defert or betray you. Be affured that the happinefs of a people inevitably depends on their liberty, and their fpirit to affert it. The value and extent of the advantages tendered you are immenfe. Heaven grant you may not difcover them to be bleffings after they have bid you an eternal adieu."

We are too well acquainted with the liberality of fentiment distinguifhing 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 caule, above all fuch low-minded infirmities. The Swifs Cantons furnish a memorable proof of this truth. Their union is compofed of Catholic and Protestant states, living in the utmost concord and peace with one another; and thereby enabled, ever ûince 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 fuch felfish 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 against 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 addrefs,

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 intimi dated 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 districts, 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.

In this prefent congrefs, beginning on the 5th of last month, and continued to this day, it has been with univerfal pleafure, 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

have addreffed an humble and loyal petition to his majesty, praying relief of our grievances; and have affociated to stop 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 yourfelves 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 Congrefs, HENRY MIDDLETON, prefident. O. 26, 1774.

Articles of Impeachment of high

Crimes and Misdemeanors againft Peter Oliver, Efq. Chief Justice of the Superior Court of Judicature, &c. over the province of Maffachufett's Bay, by the Houft of Reprefentatives in General Court affembled, in their own name, and in the name of all the inhabitants of that province, February 24,

1774.

HE articles of im

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

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

erected and constituted 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 premifes but not regarding the fame, with defign to fubvert the conftitution of this province as eftablished by royal charter, and to introduce into the faid court a partial, arbitrary, and corrupt administration of justice, declining to take and receive any more of the grants of the general affembly of this province, did, on or about the 10th day of January, 1774, at Boston, take, and receive, and refolve for the future to take and receive from his majesty's minitters 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, against the opinion and conduct of the other judges of the faid court, each of whom has declared respecting himself his refolution to the contrary. And whereas the unmerited fam of 400l. granted by his majesty, 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 ftill 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.

faid fum he hath betrayed the corruption and baseness 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 house a writing under his own hand, dated Feb. 3, the purport of which was as follows:

"May it pleafe your Honours,

In the year 1756, I was appointed 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 affembly. 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.

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 myself 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 character.

[P]

I can

I can with the frictefl 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 fufficient to maintain, my family, from my falaries, above 3000l. fterling! I have repeatedly thrown myself 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 ftation) 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 majefly, from a fense of that fidelity which I owed to my country, by being enabled to difcharge the duty of my office in being lefs embarraffed 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 justice 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 refuse 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 expreffed their refentment at the a bove writing in very fevere terms, charging the faid Mr. Oliver with ungratefully, falfely, and malicioufly, labouring to lay imputation and fcandal on this his majefly'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, Efq; of the high crimes and mifdemeanors aforefaid. And they pray that the faid Peter Oliver, Efq; chiefjustice 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, examinations, trials, and judgements, may be had and ordered thereon, as may be agreeable to law and ju ftice."

The above articles of impeachment 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 pleafed to fend them the following meffage, viz.

"Gentlemen of the House of Reprefentatives.

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

chief juftice of the fuperior court, &c. before the governor and council, of high crimes and mifdemeanors, 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 1 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 mifdemeanors whatsoever.

If I fhould 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 pursuance of the charter, I fhall make myself 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 cales where the law may have made fpecial provifion to the contrary.

Whilft fuch process as you have attempted to commence fhall 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 juftice. 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.

in, totidem verbis, as they flood in [Here the articles were brought 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 notified to make answer 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 go vernor and council, be forthwith removed from his faid office, and fome other more worthy be nomi nated and appointed in his stead."

There were 78 members prefent in the houfe, and the divifion was 71 to 7.