USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 78
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The Governor answered :
" Brother :
"If you had not Notice enough given you the last Time it was your own Fault. You may remember that, coming to me on some
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other Business in October, before the Commissioners were ready to set out, I took the Opportunity to consult with you; I asked you if it was not too late; if Winter or Spring was best to do the Busi- ness proposed at Wyomink; that it was equal to me, and I would send the Commissioners then or in the Spring, according as I should. be informed by you which would be most convenient and proper. You declared yourself fully in favour of Dispatch, and desired the Commissioners might set off as soon as the several Matters neces- sary for them to take with them could be got ready; and that in the mean time you would return to and wait at Wyomink for Notice of their Departure. This being your Opinion, I made out the Com- mission, and they proceeded with all possible Dispatch. I hope you remember this." On which Pumpshire repeated it again, and Teedyuscung said it was all true ; but not having a good Interpreter he believed he had misapprehended some things. Every thing, however, was well; he thanked the Governor. He saw clearly ; he said that the Governor had done all he could, and acknowledged his Readiness to do the Work.
Teedyuscung then acquainted the Governor that he intended to go to Burlington on some Business, and desired his Passport, and and an Order on the Commissioners to allow him Ten Pounds for his Journey, and something proper for Pumpshire and Moses Tatamy. The Governor wrote a Letter to the Commissioners, and the Passport was immediately signed.
At a Council held at Philadelphia, Tuesday, 3d January, 1758. PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov-, ernor.
William Till,
Richard Peters, Esquires.
The Governor informed the Council that last night he received & Message from the House by Six Members, acquainting him that a Quorum was met, and having received a Message from the Speaker that he was indisposed and unable to attend, they had proceeded to chuse another Speaker, and desired to know when and where the House might wait on his Honour, in order to present him. The Governor appointed this Day at Twelve o'Clock, and sent the Secre- tary with a verbal Message to command the Attendance of the House in the Council Chamber, in order to present their Speaker.
Two Members waited on the Governor with a Message, that the House apprehended the Governor's Secretary had not rightly de- livered the Governor's Message, as this had not been the usual Form in like Cases, and they were not of Opinion that the Gover- nor had a Right to Command them. The Governor said, he had
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no Intention of introducing new Forms ; He ordered the Secretary to search the Records of the House, and see what Entries were made on these Occasions. The Secretary reported to the Governor, that in the last Entry the word required was used, and in others requested; upon which the Secretary was sent back to the House with this Message, the Governor apprehends he has a Right to com- mand the Attendance of the House whenever the Publick Business requires it, but, to avoid Dispute, desires the Message may be entered, that the Governor requires the Attendance of the House, in order to present their Speaker.
The House waited on the Governor, and Mr. Thomas Leech addressing the Governor, spoke as follows : " the late Speaker, Mr. Norris, having acquainted the House that he was indisposed and unable to attend, they had proceeded to the Choice of a Speaker, and had chosen him." The Governor said he very much approved the Choice of the House. Mr. Speaker then mentioned, that as the usual Privileges were requested and granted at the Beginning of the Year, he needed not to repeat them, only requested the Governor would overlook all Inadvertencies and Mistakes made by him, and not impute thein to the House.
Then were read a Letter from Lord Colvill, Commander-in-Chief of his Majesty's Ships and Vessels in North America, requesting a Supply of Seamen from this Province, to recruit the Ships under his Lordship's Command; a Letter to the Governor from the Indian Commissioners, dated at Fort Hunter the 3d of November; another Letter from Mr. John Carson, dated 17th December, from Fort Augusta, and a Letter From Mr. William Edmonds, dated at Bethle- hem the 31st December, which were ordered to be entered and laid before the House; and the following Message was drawn up and approved, and the Secretary directed to carry the Message to the House, with the several Papers therein referred to.
A Letter to the Governor from the Indian Commissioners. " FORT AT HUNTER's, 3d November, 1757. " Honoured Sir :
"We have the pleasure to acknowledge the Receipt of your Favour of the 28th Ultº-, inclosing Letters to Colonel Weiser and Major Burd. The Former we immediately dispatched by Express, and tho' the Company from his Battallion is not come we have agreed to sett off this Day with Capt. Mercer's Company & a Party of fifty Men who came down with the Battoes from Augusta, having left Directions for that Company to follow us immediately, which will Occasion no Delay to us on our March, as we shall be obliged to halt at Fort Augusta a Day or two to give a little rest to the Battoe Men, &cª.
" Mr. Pawling finding that .Colonel Stanwix could not agree to
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the sending three Companys from Colonel Armstrong's Battalion return'd home from Lancaster.
" We are your Honour's most Obedient Humble Servants,
" JOHN HUGHES, "EDWARD SHIPPEN, "JAMES GALBREATH."
A Letter to the Governor from Mr. John Carson. "FORT AUGUSTA, December 17th, 1757.
" May it please your Honour :
"I beg leave to acquaint your Honour that I arrived at Fort Augusta on the 30th of November, and on the 8th Current opened a Trade with the Indians, the Store not being fit to receive the Goods sooner, and I have Disposed of some of the Goods and re- ceived a small Parcel of skins, the Account of which I now enclose for your Honour's perusal. According to the best of my Judgment I have calculated the Prices of the Goods that the Profits may defray the Charges of the Trade. I have not been able to put an equal Profit on all the Goods, the Indians having heretofore had stroud, Blankets, & Matchcoats at a very Low rate ; therefore I have charged the other Goods something higher. If it appears to your Honour that I have over charged any of the Goods or sold at too low a Rate please to favour me with your Sentiments for my future Direction and I shall act agreeable thereto.
"" I am your Honour's most Humble Servant, "JOHN CARSON."
A Letter to the Governor from Mr. William Edmonds. " May it please your Honour :
"Mr. Horsfield being at Easton when Mr. Ennis came here with the Indians Last Night, it was this Morning committed to me to go to Teedyuscung and Present him with your Compliments, and see if there was any thing material to be sent to your Honour, after which Teedyuscung first return'd your Honour his thanks, and then having collected at his own House Seven Indians, he said these from Phila- delphia were come in 31 Days from the Allegeny Town, where they had seen some Chiefs, but the Head of them was named Casterequa, who asked him for News, to whom John Jacob applied he was at pre- sent not Charged with any Message from his Father or the Gov- ernment, but related to them the Peace that, with the Consent of the Six Nations, was concluded Last Treaty at Easton, the which, they were glad to hear of ; then he told, that when he came away,
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he heard Tom Leman was come amongst them with a Large belt, given by your Honour Last Treaty, of which Teedyuscung soon expects to hear some Good Effects. Further, John Jacob sayd, while they were at this Town, Vizt: about 20 Miles from the French Fort called Onango, their came Deputies from the French. with 5 Strings, who said they intended in Three Months from that Time, to Assemble many Soldiers, and expected also, some French Indians, whom they called their own sons, to join them to go against the Fort at Shamokin, and they came with those Strings to invite them to go along to assist them. But Casterequa on hearing from John Jacob the Good News of the Peace, concluded last Treaty at Easton, told his Young Men they should all stop at Home, and not Listen to the French, but to the Peace made by their Brothers, the Delawares, and this he engaged with John Jacob, for his Young Men at that Town, but could not say any thing further for an other Town, about 55 Miles Distant ; this Town was on the Waters that came from the great Lake ; and Related by Teedyuscung in the Presence of the Indians Tapescawen, John David, Nicodemus, Na- thaniel, and his Son John Jacob, and his Companion David, before Mr. Ennis, Mr. Bomper and your Honour's
" Humble Servant, " WILLIAM EDMONDS.
" At Bethlehem, December 31st, 1757."
A Message from the Governor to the Assembly. " Gentlemen :
" In my Message to you at your first meeting in October last, I laid before you Several Matters, which as they appeared to me of the utmost Consequence to his Majesty's Interest, and the Well being of this Province, I pressed you to take into your immediate Consideration, and give them all Possible Dispatch. In conse- quence of which, you prepared and sent up to me one Bill only, for Regulating the Indian Trade. To which I proposed such amend- ments as I thought reasonable, but on your refusing to accede thereto, that necessary Bill was Laid aside, and you were pleased to adjourn to Yesterday without proceeding at that Time, to the other Matters recommended to you. I now refer you to that Mes- sage, and again press you in the most earnest Manner to resume the Consideration of the several Matters therein mentioned. The Supplies Necessary, not only for the Protection and Defence. of this Province in the Present Critical and Dangerous Situation of affairs, but for the payment of the Money now in Arrear to the Provincial Forces, merit your first Attention. In this you, no doubt, will have Particular regard to the Circumstances of your Constituents, and Consider whether some other Modes of raising Taxes, such as are
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practised in our Mother Country, or the other Colonys, ought not to be pursued, to come in Aid of the Taxes which you may think proper to Lay on Estates, Real and Personal. In Pursuance of the Treaty of Peace, concluded with Teedyuscung and the Confederate Indians at Easton in August last, I have sent Commissioners to Wyoming to erect Houses there for their Habitation, and now Lay before You the Commissioners' Report to me, of the Progress made by them in Discharge of their Trust, in which they shew, that their Return before their Orders were fully carried into Execution, was owing to a request made by Teedyuscung, that the Finishing the ' Work should be deferred till the Spring.
" After your adjournment, a temporary Expedient was agreed upon by me and the late Provincial Commissioners, to prevent the fatal Consequences that might have attended the not Supplying the Indians with a Store of Winter Goods at Shamokin, agreeable to the Promises made them at Lancaster, and Goods to the Value of One Thousand Pounds have been sent up to that place, under the Care and Direction of Mr. John Carson, who was commissioned by me for that Purpose. Though this may satisfy the Indians for the present, yet nothing can so effectually secure to us their Alliance and Affection, or guard against their being abused and imposed on in their Dealings with us, as a proper Law to regulate the Trade with them; and I think myself obliged, once more, warmly to recommend to you the preparing a Bill for that Purpose.
" I Lay before you a Letter from Lord Colville, Commander-in- Chief of his Majesty's Ships and Vessels in North America, re- questing a Supply of Seamen from this Province, to recruit the Ships under his Lordship's Command, and hope that you will enable me Speedily to comply with a Demand so necessary for the protec- tion of his Majestie's Colonies.
" If anything material should occur during the Time of your Sitting, I shall take care to communicate it to you. All I have at this Time further to recommend to you is, that in your Delibera- tions you will Act with Vigor, Temper, and Moderation, which at all Times are necessary in Publick Councils, but are more particu- larly so in the Colonies at this Juncture.
"WILLIAM DENNY.
" January 3d, 1758."
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At A Council held at Philadelphia, Friday the 6th January, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
William Till,
Robert Strettell,
Joseph Turner,
Richard Peters,
Benjamin Chew,
Thomas Cadwalader,
! Esquires.
John Mifflin,
The Report of the Committee appointed to enquire into the In- dian Complaints against the Proprietaries at the late Treaty at Easton in November, 1756, was read, with several of the Papers referred to, and the said Report was approved by the Governor and Council unanimously.
A Message having been sent by the House that the Governor would be pleased to lay before them an Estimate of the Expences for the Current Year, the same was in part considered and referred to the next Council, to be held on Monday next.
The Secretary acquainted the Governor that he had received a Letter from Mr. Parker, informing him that he had delivered Mr. Peters' Letter to the Sheriff, with the List of Persons to be sum- moned for the Petitioners against Mr. Moore, as well as those in behalf of Mr. Moore himself, and that the Sheriff was preparing to serve the Summons.
At A Council held at Philadelphia, Monday the 9th January, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
William Till,
Benjamin Shoemaker,
Joseph Turner,
Richard Peters,
Esquires.
Lynford Lardner,
Benjamin Chew,
John Mifflin,
Thomas Cadwalader,
The Governor and Council being met in order to proceed to the hearing of the Complaint against William Moore, Esquire, agreeable to an Appointment and Notice given to all the Parties, his Honour informed the Board that Mr. Leech, the Speaker of the Assembly, and Three others, Members of the House, viz': Mr. Masters, Mr. Galloway, and Mr. Roberdeau, came to him this morning and ac- quainted him that, understanding Mr. Moore's Hearing was to come before his Honour to-day, they waited on him, not by order of the
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House, but as Members acquainted with the Intentions of the As- sembly, to inform him that the House would proceed by Impeach- ment against Mr. Moore, and, therefore, desired the Hearing might be put off; that the House conceived themselves so ill-treated by an infamous Libel, in which the Fundamentals of the Constitution were attacked, by Mr. Moore, that they would not proceed to Busi- ness till this Affair should receive a Determination ; That the Im- peachment would be brought before him as Governor, without his Council, they conceiving his Honour had in this Point the Jurisdic- tion of the House of Lords. The Governor said he would mention what they requested to the Council, but desired their Request might be put into writing, and then it should be considered, which they promised to do, and that it should be delivered to him in the Eve- ning, and then the Governor would have the Sense of the House.
The Council was unanimously of Opinion, as this Application was not made to the Governor in Pursuance of any Order or Re- solution of the House of Assembly, no Notice should be taken of it, but that the hearing should go on, without any regard to it.
Above Twenty Witnesses, on the Part of Mr. Moore and the Petitioners against him with their Witnesses, making above Thirty, were attending in order to be heard before the Governor and Council, when the Governor received the following Letter from Mr. Moore :
" Honoured Sir :
" In Consequence of an Address of the Late Assembly, your Honour and Council were Pleased to appoint this Day for hearing the Charges against me and my Defence to the Same. Being Con- scious of my own Innocence it gave me great Joy to think that I was at length to have an Opportunity of Pleading my Cause be- fore a Judicature, where I expected the most impartial Justice. I accordingly spared no Pains to Prepare for my Defence, and for that end obtained Summonses for between Twenty and Thirty evi- dences, by whose means I made no doubt of being able to Clearing self in the Eyes of your Honour and the whole world, from all the unjust Aspertions and Malevolent attacks made upon my Character in the aforesaid Address and Petitions therewith presented to your Honour by the said Late Assembly. But to my great astonishment, on the Evening of Friday last, while I was in my own House pre- paring myself to set out for this Place the Day following, Two Men, armed, Seized my Person by virtue of a Deputation granted to one of them from the Sergeant-at arms by order of the Present House of Assembly, so that I am now kept prisoner without the Liberty of speaking to any Person unless in the Hearing of the said Ser- geant-at-arms, or moving from the House in which I am confined. In such Circumstances it would be needless to add that I am not permitted to appear before your Honour to make my Defence, as it
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was my carnest desire to do. Besides this, the Confinement of my Person has not only put it out of my Power to advise with my Council on the Subject of my Defence, but the man- ner in which I was carried from my own House and brought as a Criminal thro' a great part of Two Countys, must neces- sarily have intimidated many of my Evidences which would prove extremely prejudicial to me, even if I could have the Lib- erty to appear before your Honour; I have before now had occa- sion to complain of the Severe treatment I have received throughout this whole Affair; but this Last step seems altogether unpar- relled; The Assembly knew that this Day was appointed by your Honour to hear my Cause ; They knew that a multitude of Evi- dences were summoned down on that occasion and they could not imagine that your Honour would either try or Condemn me, as the Late Assembly in Effect did, without seeing or hearing me. How far then it may be thought decent to your Honour, for the present Assembly by Seizing my Person to prevent that Hearing, which their Predecessors seemed to have desired, I shall not presume to determine, nor whether it be treating the Country Kindly to bring down such a Number of Evidences on a fruitless Errand. All I can say is, that I desired to make my Defence, and by this Time would have been fully prepared for the purpose, But so long as I am deprived of the Liberty of an Englishman, my person confined, and my Evidences intimidated thereby, neither your Honour nor the World will expect that I can be in any Capacity either to re- fute my Adversaries or defend myself; This would require a Mind disengaged, and a Body under no awe or Restraint, And till I am permitted to appear in these Circumstances before your Honour, all I can do is to rest in the Consciousness of my own Innocence; But when or where I am to be permitted to make that appearance, or whether your Honour can now fix on any other Day for that pur- pose is intirely Left to your Honour's Determination. With great Gratitude for that Patience and Candor with which your Honour has already received what I have offered in my own behalf. Lam,
" Your Honour's most Dutiful and Obedient Servant,
" WILLIAM MOORE.
"From my Prison in Philadelphia, the 9th January, 1758."
The Council thought it was not proper to proceed to the hearing for the Reasons assigned in the Letter, and the Petitioners and Witnesses desiring to know when they might be admitted to give their Evidence, they were called in and told by the Gov- ernor that he had received a Letter from Mr. Moore, informing him that he was arrested on Friday last, by the Sergeant-at- Arms, and had been ever since, and was then in his close Custody, and could not, therefore, wait on the Governor according to his Summons, that this being the case there could be no Hearing now,
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nor could his Honor appoint a Time, but would give them Notice to attend when another Day could be fixed on. On this Occasion the following Message was drawn up and sent to the House, that it might appear the Governor had done all in his Power, and that no Delay could be imputed to him.
" Gentlemen :
" I received an Address from the late Assembly of this Province, dated the Twenty-Eighth of September last, wherein they in general Terms charged William Moore, Esq', one of the Justices of the ' Peace for the County of Chester, with Extortion and divers others oppressive and illegal Practices committed by him in the Execution of his said Office, and therefore entreated me to remove him from the Offices of Judge of the Court of Common Pleas, and Justice of the Peace, and from all other Publick Offices, Posts, & employments, whatsoever, under his Majesty within this Government. In answer to this Address, I informed that Assembly, as common Justice required no man should be Condemned unheard in any Matter that effected his Life, Fortune, or Character, I could not think myself justified in removing Mr. Moore from his Publick Employments, till I had made him acquainted him with the Complaints and Evi- dence Exhibited against him, and given him an Opportunity of making his Defence, and, therefore, desired they would furnish me with Copies of the Petitions and Proofs, on which their Applica- tion to me against him was founded, and that on a full Hearing Strict Justice should be done, both to him and the Publick. From the moment I received the above Address, I determined on a full and close enquiry into the Charges against Mr. Moore, and to make a Publick Example of him, as far as my power extended, if it should appear he had misbehaved himself, or oppressed his Majesty's Sub- jects under Colour of his Office; and to that End I appointed this Day for hearing all the Proofs in the Case, after due Notice being given to the Parties and their Witnesses ; Accordingly, I attended on that Occasion this Morning, with my Council in the Council Chamber, at the State House, but received a Letter from Mr. Moore informing me that he was arrested on Friday Last, by a Deputy of your Sergeant-at-arms, and brought to this Town by Warrant from your House, and is now confined in Close Custody and therefore could not appear in obedience to my order to make his Defence. I thought it proper to give you this information, to shew you I was sincerely disposed to do every thing in my Power, Consistent with the Rules of Justice, in this Matter, and that any Delay therein cannot be imputed to me.
" WILLIAM DENNY. " January 9th, 1758."
₼
The Estimate of the Current Year's Expence was considered and
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settled, and the Secretary was directed to sign it, and deliver it to the House, and the same was ordered to be entered as follows :
"Estimate of the Current Year's Expence for the Province of Penn- sylvania, from the First of January, 1758, to the First of Jan- uary, 1759 :
" Arrears due to the Provincial Forces, as # Pay-
· master's return, to the First of January, 1758 - £13,540 8 8 Contractor's Account for Provisions due the First of January, 1758 (not yet come in) 5,000 0 0
Twenty-Five Companies of Foot, Pay and Subsis- tence, as + Paymaster's return - Fire, Candles, &ca., for the Guard at Wicaoa Fort - Pay, Provisions, Ammunition, &ca., for the Province
66,301 4 2
50 0 0
Frigate, for Nine Months' Cruize, @ £1,000 $ Month - - 9,000
0 0
Outset of said Province Vessel -
500 0 0
Fire, Candles, and other Necessaries for the Bar- racks I
500 0 0
An Engineer to be taken into regular Pay for the Service of the Province at Fifteen Shillings # Day -
273 0 0
Contingencies - - -
- 10,000
0 0
£105,164 12 10
"To the above Estimate is to be added the Subsistence of the Neutral French, of which the Commissioners can give an Account.
"The Expence of the repairs of the Roads, as recommended by Lord Loudon.
"By his Honour's Command.
"RICHARD PETERS, Secretary.
-
At a Council held at Philadelphia, Wednesday the 11th January, 1758.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
William Till,
Joseph Turner,
Benjamin Shoemaker, Lynford Lardner,
Esquires.
Richard Peters, John Mifflin, 1
Benjamin Chew,
The Governor received last night, by Two Members, the follow- ing Message; which was read, considered, and ordered to be en-
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tered. Mr. Till, Mr. Chew, and Mr. Peters were appointed a Committee to inspect the Council Books, to see what Entries were in them relating to Proceedings on Impeachments, and to draw up an Answer to the said Message, agreeable to what they should find in the Council Books, and to the several Points that had been observed and agreed to in their Consultation.
A Message to the Governor from the Assembly.
" May it please your Honour :
" The Late Assembly of this Province did address your Honour to remove William Moore, Esq'-, from all Publick Offices, Posts, and Employments, whatsoever, under his Majesty, in this Government ; being convinced, on an impartial enquiry, that he had greatly mis- behaved himself in his Publick Office as Justice of the peace; and that as he had so manifestly violated the Trust reposed in him, he was unworthy of all Publick Trust and Confidence whatsoever. This enquiry, we beg Leave to observe, was attended with the same Rules of Justice your Honour intends to proceed on, that of making him acquainted with the Complaints and Evidence exhibited against him, and of giving him an Opportunity of making his Defence. This, that Assembly was Conscious, common justice required, and, there- fore, gave William Moore repeated Notice of their Resolution to examine into the Aggrievances complained of, and required his attendance to exculpate himself and Prove his Innocence, if in his Power, as appears from the Minutes of the House. It is likewise true, that the said William Moore was arrested by a Deputy of our Sergeant-at-Arms, and is now in Custody for Publishing a scan- dalous and Insolent Libel, replete with the most indecent Calumnies and Shameful Falsehoods against the Late Assembly of this Pro- vince, tending in the most evident manner to bring the Authority and dignity of the House of Representatives into derision and Con- tempt among the People, and to a Dissolution of some of the most essential Powers and Privileges of the Constitution.
" This your Honour cannot be a Stranger to, as the Author had the Assurance to address and Present it to your Honour, and after- wards Publish it in the Publick Gazette. We should think our- selves extremely defective in our Duty to the Late, as well as all future Assemblys, had we not, Prior to all other Business, taken the Necessary Steps to bring to Justice such an heinous Offender against the Peace, Tranquility, and Authority of the Constitution.
"And we hope, when your Honour Considers how necessary it is that both the Branches of the Government should act in Con- cert, when the Legal Rights and Powers of either are abused, that you will chearfully concur, if necessary, in Supporting the Rights and Privileges of the Assembly, and in Punishing those who shall dare to infringe or invade them; for, permit us to remark, the same restless and factious Spirit that shall have Wickness enough to in-
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sult the one, will be prevailed on to abuse the other; And should they succeed in their Arbitrary Designs of crushing the powers of the Assembly, may with the same Resolution attack the other Branch of the Constitution, and, if possible, reduce it to equal Deri- sion and Contempt; to prevent which Unconceivable Mischief, nothing can be so Effectual as a Steady unanimity in the Legisla- ture, and a due exertion of the Powers of each, for the Preservation of both.
"It is, therefore, with Pleasure we observe your Honour is de- termined, as far as your Powers extend, to make a Publick Example of Such who have misbehaved or oppressed His Majesty's Subjects under Colour of their Offices; and that you are sincerely disposed to do every thing in your Power, consistent with the Rules of Jus- tice, with Respect to the Complaints and Petitions against William Moore.
" At the time that we, in the Character of the Late Assembly, presented the Address against him to your Honour, we did Expect that upon an impartial examination of the Assembly into the Com- plaints and Oppression of their Constituents, you would have been Pleased to have removed a Person from his Publick Offices, who it appear'd, from the Petitions and Examinations taken on Oath and Laid before your Honour, had so heinously offended and been so Long in the Constant Practice of distressing the Poor and necessitous Part of the People.
" A Multitude of instances might be adduced to your Honour, where this has been done by the Crown upon the Examination of the Commons, whose Power of enquiry into the Grievances of the People has been established ever since the existance of the Present happy Constitution ; But as your Honour seems determined not to remove him without an Enquiry into the Facts before yourself, and to that end had appointed a Day for hearing the Proofs, we beg Leave to remark that we never had any Notice of that Appointment which we humbly conceive we ought to have had in order to enable us to have drawn up the Charges against him in so many several Articles of impeachment, directed Proper Persons to Prosecute in behalf of the injured and distressed People, and to have had a Committee of the House present during the Course of the Trial. These Steps, may it please your Honour, are strictly agreeable to the Usage of Parliament and Customs of our Mother Country, which we hope will ever be (as they ought) the invariable Rules of the Conduct of both the Branches of the Legislature. Without this no regular or legal Proceedure can be had in the Trial of any person whatsoever before your Honour, no more than an inferior Court can proceed to try & Convict a Felon, without a presentment or Indictment from the Grand Inquest for that Purpose. The Power of impeaching is intontestably in the Assembly, by the Char- ter of Privileges, and an established Law of the Province ; and the
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Power of Determining such impeachments in the Governor alone. And therefore, a concern for the Honour of the Governor and the Rights of the People we Represent, Obliges us to inform him, that all Hearings and Trials before the Council, where they assume a Voice in the Judicial Determination, is an high Infringement on the Rights of the People, a Violation of the Charters of the Pro- vince, and an Innovation in the Constitution, as it would be erect- ing a new Court of Judicature unknown in the Government before, which neither the Laws or Charters of the Province will Support or Countenance.
" Therefore, in order to avoid a failure of Justice, and at the same time to Support the Rights and Privileges of the Constitution, and Usages of Parliament, we request your Honour will appoint a Day for the Trial of William Moore, upon such Articles of Im- peachment as shall be exhibited against him by this House ; upon due Notice whereof we will, with all expedition, proceed to Draw up, in form, such of the People's Complaints as are of the most Heinous Nature, and can be evidently proved against him, and pre- sent them to your Honour for your Determination thereon As soon as this is done, our Sergeant-at-Arms shall either attend with the Prisoner in his Custody, or deliver him over to Such Persons as your Honour shall Appoint for that purpose during the Trial, as shall be most agreeable to Your Honour.
" Signed by order of the House.
" THOMAS LEECH, Speaker. "January 10th, 1758."
END OF VOL. VII.
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