50 Tracts Concerning North Carolina
Administration of his Excellency Gabriel Johnston, Esq; our pre-sent
Governour, told them they were got to that height that we should
be under a necessity to rebel against them or run-away and leave
our Lands and Livings, behind us, Chief Justice Smith in a heat an-swered,
by God I wish you would, that is what we want; the De-ponent
started up from the Place where he sat betwixt them, sur-priz'd
at such an unguarded Expression, and reply'd, good God, what
a strange Government we are under, that the Ministry Labour the
ruin of the Subject, and are so bare faced as to own it. The
Attorney said fye fye, are such Expressions fit to come out of the
Mouth of a Chief Justice of a Province, or Words to that effect.
The Day following John Dawson a Member of the Assembly, was
committed to the Publick Goal by Judge Smith for Words passed
in the Street between him the said Dawson and James Trotter, there
to lie without Bail or Mainprize until he paid ten Pounds Proclama-tion
Money, and fined Security for his good Behaviour (as this
Deponent was inform'd) for a Year and a Day.
Sworn before me John Holdbrooh, Jus. Pea.
[49] Now we attend the Journals to the fifteenth Article.
" Then to the fifteenth Article and produced Mr. Archibald Ham-ilton
Evidence."
Mr. Hamilton upon his Oath declared that he heard the Chief
Justice in open Court abuse Mr. Arthur Mabson, in the Manner and
Words, and at the Time as in that Article is expresly mentioned.
We come now to the sixteenth and last Article mentioned by the
Journal.
" Then to the sixteenth Article not any Evidence produced."
As the Proofs produced before the House were brought there not
to convict but only to induce the House to accuse the Chief Justice,
it was thought needless, to prove what every Member must by occular
Demonstration know to be Truth, there was scarce any Member of
that House who had not at Times made his Observation thereof, and
was well convinced that Mr. Chief Justice has long since merited a
Myrtle Wreath.
We come now to the Debate and Question upon the Articles.
" Then proceeded to Debate the same, whether the Proofs to the
said Articles are sufficient for the House to Impeach the said Chief
Justice.
