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'''''Fourthly''''', -- Would it please the ''Canadiens'', that, to render the judges of the province more courageous in administering justice with impartiality, it be ordered by an act of Parliament, that none of them be removable of his office of judge by the governor of the province, under whatever pretext it may be; and also that the governor should not have the power to suspend any one of them for more than a year, nor for this amount time, or any amount time, whatever short it may be, without the assent of at least twelve members of the legislative council of the province, signed by their hands on the registers of the council, and also on another copy which would be given to the suspended judge: Always provided that the King Himself keep the power to dismiss any judge He would like, when it would seem good to Him, or by an act made in His private council, or by an order signed by His hand, and contresigned by the Secretary of State.
'''''Fifthly''''', -- Would it please the ''Canadiens'', that it be declared by an act of Parliament,that the governor of the province could never imprison any person in the province, whatever the cause; not even for the most atrocious and most attested crimes: but what the duty to imprison the people who would have offended the law, and would deserve to be put in prison, belonged only to the criminal judges, and to justices of the peace, or in general to the magistrates of criminal justice? -- This law is in force in England; because the King of England does not have the right to imprison any person in England by His own order, for whatever crime it may be; not even for the crime of [[lese-majesty]], or rebellion, which would be attested by the oath of ten eyewitnesses, or for an assassination which would be attested in the same way: but, if one gave Him information of such crimes, He would be obliged to transfer the matter to His Chief Justice of the Kings's Bench, (which is the higher court of criminal justice in England) or to some Justice of the Peace, or some other magistrate of criminal justice; who, after obtaining the necessary information, would send the accused person in prison, so that his lawsuit be made, in a suitable and legitimate time and place, and, if it were found guilty by a body of jurors, that he be punished, either by death, or some other punishment which the law would have attached to the crime. By this fortunate impotence, where the law of England puts the King, to imprison whoever, for whatever reason, by His own order, two great disadvantages are avoided; to knowthat is, firstly, despotism, or the absolute capacity power to remove freedom on take awy the liberty of the subjects of the crown without cause, and with on the simple liking of the king; and, in the second placesecondly, the personal disgrace of the kingKing, who that would result from the cassation of his kindsorders, like as illegal and insufficient, by lower magistrates: because, if the king King could give orders to imprison his subjects, one it would need to be either of two things one; or either the order would validate be valid in all cases, and would not be breakable by the authority of any other person; or it would not be valid in all cases, but only if the king would have King had given it for the orders on a legitimate ground, and on sufficient information; and in this last assumption, it would be necessary that some lower magistrate had the right to examine whether the ground were legitimate or not, and if the information were was sufficient or not, and to break the order of the king King if the ground were was not to be legitimate, or the information not to be not sufficient. In the first assumption, the king King would be the absolute Master of the freedom liberty of all his subjects; and in the second, the personal character of the king King for justice and wisdom could suffer from disgrace, by the cassation of the orders which it itself He would have given and signed: what which would also be also a great evil for the kingdom, as well as for the king, though less than the horrible despotism which would result from the first assumption. To avoid these disadvantages, the king King never puts any person in prison by his His own order; and it seems that it would be reasonable to declare by an act of the Parliament, that the governor of the province of Quebec will equally not be able pareillement to make imprison any person in this province by his own order. ''...savoir, premièrement, le despotisme, ou le pouvoir absolu d'ôter la liberté aux sujets de la couronne sans cause, et au simple gré du roi; et, secondement, la disgrâce personnelle du roi, qui résulterait de la cassation de ses ordres, comme illégaux et insuffisants, par des magistrats inférieurs: car, si le roi pouvait donner des ordres pour emprisonner ses sujets, il faudrait de deux choses l'une; ou bien l'ordre validerait en tous cas, et ne serait point cassable par l'autorité d'aucune autre personne; ou il ne serait point valide en tous cas, mais seulement dans le cas où le roi l'aurait donné pour une cause légitime, et sur des informations suffisantes; et dans cette dernière supposition, il faudrait que quelque magistrat inférieur eût le droit d'examiner si la cause était légitime ou non, et si les informations étaient suffisantes ou non, et de casser l'ordre du roi si la cause ne se trouvait pas être légitime, ou les informations n'être point suffisantes. Dans la première supposition, le roi serait le maître absolu de la liberté de tous ses sujets; et dans la seconde, le caractère personnel du roi pour la justice et la sagesse pourrait souffrir de disgrâce, par la cassation des ordres qu'il aurait lui-même donnés et signés: ce qui serait aussi un grand mal pour le royaume, aussi bien que pour le roi, quoique moindre que le despotisme horrible qui résulterait de la première supposition. Pour éviter ces inconvénients, le roi ne met jamais aucune personne en prison par son propre ordre; et il semble qu'il serait raisonnable de déclarer par un acte du parlement, que le gouverneur de la province de Québec ne pourra pareillement faire emprisonner aucune personne en cette province par son propre ordre.''


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