The clerk then read the rules adopted by the Senate, relative to motions and questions, as follows:

"During the trial of impeachment, any motion made by the parties, or their counfel, to the Court, fhall be committed to writing, and read by the clerk of the Senate.

“ All queftions put to witneffes, hall be through the Speaker ; and, if required by him, reduced to writing."

Mr. BOILEAU." Mr. Speaker, I am authorized to state, that the managers and their counsel, are now ready to proceed on the trial."

Mr. DALLAS.. "On the part of the Judges, we are prepared."

Mr. BOILEAU then rofe, and spoke as follows:

Mr. Speaker, & Gentlemen of the Senate,

CONNECTED with the honor conferred upon me by the Houfe of Representatives, as one of the managers to conduct this im peachment, is the arduous task of addreffing you on the subject. I rife with embarraffment and diffidence, in a fituation at once fo novel, unpleasant, and deeply interefting. It is the first time in my life, fir, that ever I appeared to fpeak in a Court of Juf tice, and never did I rife to speak in any Affembly, fo deeply impreffed with a fenfe of the importance of the caufe, fo deeply impreffed with feelings of regret, for the refpectable and venerable objects of this profecution; and I hope, they will believe my affertion, when I fay, that to them, I owe no perfonal hoftility. On the contrary, when I caft my eyes on thofe gentlemen, and recollect the refpectable characters they have fup ported in life-when I recollect the vaft importance of the queftion on which they are now arraigned at the bar of this tribunal, I am almost overwhelmed with the idea. How imperious must be the neceffity, and how interefting to the people, is the deci fion which is to terminate this all-important trial. When I recollect the magnitude of this question-a queftion greater than ever was agitated in Pennfylvania before, I feel the most folicitous anxiety. The caufe now before you, is without example, in the hiftory of this country. The annals of Pennsylvania do not furnish us with the example of the impeachment of one Judge of the Supreme Court, much lefs of three. It is not the mere delinquency of an inferior magistrate-it is not the trivial error of a magiftrate more clevated-but it is to try the criminality of three of the Judges of the firft Judicial Court in this Commonwealth, men who are venerable in years, and whofe long lives and experience, fhould have warned them against such

acte, as they are called upon this day to anfwer.

It is, indeed, an awful and imperious neceffity, which this day calls upon us to profecute, and it muft, without doubt, be equally unpleasant for you, gentlemen of the Senate, to decide between thofe citizens at your bar, and the rights of our fellow-citizens, the rights of man, of our conftitution, and of our country.

But, when I recollect, fir, that a few days ago, I lifted up my hand, to the fearcher of all hearts, and fwore to perform my duty to my conftituents, under the conftitution and the laws; when I recollect, fir, that I am addreffing a Court, compofed of men, chofen for the probity and integrity of their private and public lives, from various parts of the flate; men, who are alike fuperior to private corruption, as well as to mere eloquence and fophiftry not a jury, felected by an hoftile officer, or packed by a fycophantic theriff,-I have nothing to fear, when I call upon them to be just. "Before fuch a tribunal, no man who feels the mens conscia recti can have caufe to fear."But, when I feel, that I am pleading, not only for my own rights, but for their rights, for the rights of my fellow-citizens, and for the rights of man, which I feel have been violated by thofe venerable gentlemen now at your bar, I do it with confidence that this honorable Court will vindicate thofe rights, and fee that the conftitution and laws have been complied with.

Gentlemen of the Senate,

I feel a diffidence, on a question of this magnitude, arifing from the feebleness of my powers, to do it justice, and because I know, that there are many, if not all, compofing this honorable Court, whofe age and experience, qualify them to form more correct opinions on the evidence and arguments which may be adduced. But, I fhall endeavor to point out thofe general and immutable principles, by which we should be guided in this prefecution. Thefe principles, are fimple and plain. Truth needs not the force of eloquence. No eloquence, no talents, are neceffary to make truth impreffive on the minds of intellis gent men. The trial of this impeachment, fir, is involved with the foundation of our liberties, and the fecurity of our freedom.

Permit me to lead back your attention, to the all-important period of '76, and the objects which it embraced, and let me afk what was the language of that day? When I look upon the members of the Senate, who compofe this honorable Court, and fee men whofe venerable heads are bleached with virtuous years, I feel how much more capable they are to relate, than I am to conceive the origin of the glorious declaration, which previous oppreffion produced, and the gallant and heroic ftroggle by which it was fupported. Although I was too young to engage in the perils of that glorious period, my bofom alfo

F

caught the facred flame-my heart felt the throb which was excited in every virtuous breast-What heart did not beat high-what check but flushed-and what eye did not sparkle with moisture, at the found of liberty and independence. Before that period, Mr. Speaker, the endearing name of liberty was rather worshipped, than poffeffed. It was adored like the unfeen God. The idea of liberty, as we now poffefs it, was then only known in fable; it was confidered as a vifionary fcheme-a mere utopian fcheme, which exifted only in the brain of the vifionary, or fpeculative philofopher, and incapable of being realized. But the fortunate deftiny was referved for America, to reduce to fimple practice what other nations, for ages deemed impracticable. We then faw the people of Pennsylvania, and of the United States, as it were, in a state of nature, difavowing any earthly fuperior, ftep forth in all their majefty, and declare by their immediate reprefentatives" that all men are born free." We faw them confult what form of government was effential to the happiness of the people, and lay down principles of political and civil juttice-formed out of the chaos of feudal and colonial barbarifm, and rifing, like another phonix, from the ruins of the native element. Sir, when our patriots and our fages affembled, for the purpose of establishing a free government, the eyes of every man in Pennsylvania, and of every man in the univerfe, who felt for the happiness of the human race, were directed towards us; and whilft the tyrants. groaned in agony, and gnafhed their teeth, the friends of liberty looked up to us with hopeful folicitude. Sir, this was an objec worthy of attracting the eye of him who is the great parent of the human race, and to look down with complacency from the pinnacle of heaven, upon his long oppreffed children, and to fee them bursting the bonds and fhackles which attached a fection of the globe to a mere fpeck upon another hemifphere, and uniting in the bonds of civil and focial virtue. Here it is, that we verify the faying" man is the nobleft work of God"-and a government founded on liberty, is the grandeft,, and the nobleft work of man.

If we turn our eyes to that interefting period and enquire what did the fages of Pennfylvania do? We hear them, fir, on the 15th of July, 1776, after the great example of the Congrefs of the Union, speaking in this language:

"Whereas, all government ought to be inflituted and fup. ported for the fecurity and protection of the community as fuch,. and to enable the individuals who compofe it, to enjoy their natural rights, and the other bleffings which the author of exiflence has beflowed upon man; and, whenever these great ends of government are not obtained, the people have a right, by common confent, to change it, and take fuch measures as to

them may appear neceffary to promote their fafety and happiness. And, whereas the inhabitants of this Commonwealth have, in confideration of protection only, heretofore acknowledged allegiance to the King of Great Britain; and the faid King has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them, employing therein, not only the troops of Great Britain, but foreign mercenaries, favages and flaves, for the avowed purpose of reducing them to a total and abject fubmiffion to the defpotic domination of the British Parliament, with many other acts of tyranny, (more fully fet forth in the declaration of Congrefs) whereby all allegiance and fealty to the faid King and his fucceffors, are diffolved, and at an end, and all power and authority derived from him, ceased in thefe colonies. And, whereas, it is abfolutely neceffary, for the welfare and fafety of the inhabitants of faid colonies, that they be henceforth free and independent flates, and that juft, permanent and proper forms of government exift in every part of them, derived from and founded on the authority of the people only, agreeably to the directions of the honorable American Congrefs. We, the reprefentatives of the freemen of Pennfylvania, in general convention met, for the express purpose of framing fuch a government, confeffing the goodness of the great Governor of the Universe, (who alone knows to what degree of earthly happiness mankind inay attain, by perfecting the arts of government) in permitting the people of this ftate, by common confent, and without violence, deliberately to form for themselves fuch juft rules as they fhall think beft for governing their future fociety; and being fully convinced, that it is our indifpenfible duty to establish fuch original principles of government, as will beft promote the general happiness of the people of this ftate, and their pofterity, and provide for future improvements, without partiality for, or prejudice against any particular clafs, fect, or denomination of men whatever, do, by virtue of the authority vefted in us by our confituents, ordain, declare and establish the following declaration of rights, and frame of government, to be the conftitution of this Commonwealth, and to remain in force therein forever, unaltered, except in fuch articles as fhall hereafter on experience be found to require improvement, and which fhall by the fame authority of the people, fairly delegated as this frame of government directs, be amended or improved, for the more effectual obtaining and fecuring the great end and design of all government, herein before mentioned."

Thefe are the fentiments, which operated on the minds of thofe patriots who laid the foundation of free government, and formed a conftitution for the commonwealth. We fee, fir, the regard they poffeffed for preferving the life, liberty, and pro

perty of the citizen. The first fentiments which they exprefs in the declaration of rights, are thefe: "Sect. 1. That all men are born equally free and independent, and have certain natu ral, inherent, and unalienable rights, amongst which are, the enjoying and defending of life and liberty" [what is life, without liberty?]" acquiring, poffeffing and protecting property, and purfuing and obtaining happinefs and fafety."

Thus we fee, fir, that the primary confiderations in the view of the fages who framed our government, were the fecurity of life, liberty, property and happinefs, and thefe they have kept conftantly in view, throughout the whole declaration of rights. We read next, "Article 4. That all power being originally inherent in, and confequently derived from the people; therefore all officers of government, whether legislative or executive, are their trustees and fervants, and at all times accountable to them."

That all power being originally derived from the people, therefore all officers are, at all times, accountable to them.

5. "That government is, or ought to be, inftituted for the common benefit, protection and fecurity of the people, nation or community; and not for the particular emolument or advantage of any fingle man, family, or fet of men, who are a part only of that community: And, that the community hath an indubitable, unalienable, and indefeafible right to reform, alter, or. abolish government, in fuch manner as fhall be by that community judged moft conducive to the public weal."

6. "That those who are employed in the legislative and executive bufinefs of the fate, may be reftrained from oppreffion, the people have a right, at fuch periods as they may think proper, to reduce their public officers to a private flation, and fupply the vacancies by certain and regular elections.”

8. "That every member of fociety hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his perfonal fervice when neceffary, or an equivalent thereto : But no man's property can be justly taken from him, or applied to public ufes, without his own confent, or that of his legal reprefentatives: Nor can any man, who is confcientiously fcrupulous of bearing arms, be juftly compelled thereto, if he will pay fuch equivalent; nor are the people bound by any laws, but fuch as they have in like manner affented to, for their common good."

Almost in every line, we fee that the liberty of the citizen, is provided for, and the protection of his rights guaranteed.