violation of fundamental laws-I am to distinguish was kept-king George hath in time of peace inone from the other. vaded this continent with a large standing army In the first place then, it is laid down in the best without the consent, and he hath kept it within law authorities, that protection and subjection this continent, expressly against the consent of the are reciprocal; and that these reciprocal duties representatives of the people among whom that form the original contract between king and peo-army is posted.. ple. It therefore follows, that the original con"All which doings by king George the third retract was broken by James' conduct as above stated, which amounted to a not affording due protec-terests and welfare; as much against law, and tend specting America are as much contrary to our intion to his people. And, it is as clear, that he violated the fundamental laws, by the suspending of laws, and the execution of laws; by levying money; by violating the freedom of election of members to serve in parliament; by keeping a standing army in time of peace; and by quartering soldiers contrary to law, and without consent of parliament; which is as much as to say, that he did those things without consent of the legislative assembly chosen by the PERSONAL ELECTION of that people, over whom such doings were exercised. These points, reasonings, and conclusions, being settled in, deduced from, and established upon parliamentary proceedings, and the best law authorities, must ever remain unshaken. I am now to undertake the disagreeable task of examining, whether they will apply to the violences which have lighted up, and now feed the flames of civil war in America. James the second suspended the operations of laws-George the third caused the charter of the Massachusetts Bay to be in effect annihilated; he suspended the operation of the law which formed a legislature in New York, vesting it with adequate powers; and thereby he caused the very ability of making laws in that colony to be suspended. berties of this colony, and of America, as the similar proceedings, by James the second, operated respecting the people of England. For the same as much, at least, to subvert and extirpate the li principle of law, touching the premises, equally applies to the people of England in the one case, and to the people of America in the other. And this is the great principle. Certain acts done, over, and affecting a people, against and without THEIR CONSENT expressed by THEMSELVES, or by REPRESENTATIVES of their OWN ELECTLON.—Upon this only principle was grounded the complaints of the people of England--upon the same is grounded the complaints of the people of America. And hence it clearly follows, that if James the second violated the fundamental laws of England, George the third hath also violated the fundamental laws of America. Again King James broke the original contract by not affording due protection to bis subjects, although he was not charged with having seized their towns and with having held them against the people—or with having laid them in ruins by his arms-or with having seized their vessels-or with having pursued the people with fire and sword-or with King James levied money without the consent having declared them rebels, for resisting his arms of the representatives of the people called upon to levelled to destroy their lives, liberties and properpay it-king George has levyed money upon Ame- ties-But George the third hath done all those rica, not only without, but expressly against the things against America; and it is therefore undeconsent of the representatives of the people in Ameniable, that he hath not afforded due protection to rica. King James violated the freedom of election of inembers to serve in parliament-king George, by his representative, lord William Campbell, acting for him and on his behalf, broke through a fundainental law of this country, for the certain holding of general assemblies; and thereby, as far as in him lay, not only violated but annihilated the very ability of holding a general assembly. the people. Wherefore, if James the second broke the original contract, it is undeniable that George the third has also broken the original contract between king and people; and that he made use of the most violent measures by which it could be done-Violences, of which JAMES was guiltless— Measures, carrying conflagration, massacre and open war amidst a people, whose subjection to the king of Great Britain, the law holds to be due only as a return for protection. And so tenacious King James in time of peace kept a standing and clear is the law upon this very principle, that army in England, without consent of the repre- it is laid down, subjection is not due even to a king sentatives of the people among whom that army de jure, or of right, unless he be also king de facto, or in possession of the executive powers dispens- appears, that the government was not abdicated ing protection. Again and the throne vacated by the resolution of the lords and commons; but, that the resolution was only declaratory of the law of nature and reason, upon The third fact charged against James is, that the result of the injuries proceeding from the three he withdrew himself out of the kingdom-And combined facts of mal-administration.-And thus, we know that the people of this country have deas I have on the foot of the best authorities made clared, that lord William Campbell, the king of it evident, that George the third, king of Great Great Britain's representative, "having used his Britain, has endeavored to subvert the constituutmost efforts to destroy the lives, liberties, and tion of this country, by breaking the original conproperties of the good people here, whom by the tract between king and people; by the advice of duty of his station he was bound to protect, with- wicked persons, has violated the fundamental laws, drew himself out of the colony."-Hence it will and has withdrawn himself, by withdrawing the appear, that George the third hath withdrawn him- constitutional benefits of the kingly office, and his self out of this colony, provided it be established protection out of this country: From such a result that exactly the same natural consequence result of injuries, from such a conjuncture of circumed from the withdrawing in each case respectively: stances-the law of the land authorises me to king James personally out of England, and king declare, and it is my duty boldly to declare the George out of Carolina, by the agency of his sub-law, that George the third, king of Great Britain, stitute and representative, lord William Campbell. has abdicated the government, and that the throne -By king James's withdrawing, the executive ma is thereby vacant; that is, HE HAS NO AUTHORITY gistrate was gone, thereby, in the eve of the law, OVER US, and WE OWE NO OBEDIENCE TO HIM ——— the executive magistrate was dead, and of conse-The British ministers already have presented a quence royal government actually ceased in Eng-charge of mine to the notice of the lords and land-So by king George's representative's with drawing, the executive magistrate was gone, the death, in law, became apparent, and of consequence royal government actually ceased in this colony. Lord William withdrew as the king's representa tive, carrying off the great seal and royal instructions. tions to governors, and acting for and on the part of his principal, by every construction of law, that conduct became the conduct of his principal; and thus, James the second withdrew out of England and George the third withdrew out of South Carolina; and by such a conduct, respectively, the people in each country were exactly in the same degree injured. commons in parliament; and I am nothing loth that they take equal resentment against this charge. For, supported by the fundamental laws of the constitution, and engaged as I am in the cause of virtue-I fear no consequences from their machina Thus having stated the principal causes of our last revolution, it is as clear as the sun in meridian, that George the third has injured the Americans, at least as grievously as James the second injured the people of England; but that James did no oppress these in so criminal a manner as George has oppressed the Americans. Having also stated the law on the case, I am naturally led to point out to you some of the great benefits resulting from that revolution. The three facts against king James being thus stated and compared with similar proceedings by king George, we are now to ascertain the result of the injuries done by the first, and the law upon In one word then, you have a form of governthat point; which, being ascertained, must naturally constitute the judgment in law, upon the re-der the British authority: And this will most ment in every respect preferable to the mode unsult of the similar injuries done by the last: And I am happy that I can give you the best authority upon this important point. clearly appear by contrasting the two forms of go. vernment. Treating upon this great precedent in constituUnder the British authority, governors were sent tional law, the learned judge Blackstone declares, over to us, who were utterly unacquainted with that the result of the facts "amounted to an abdi. our local interests, the genius of the people, and cation of the government, which abdication did our laws; generally, they were but too much disnot affect only the person of the king himself, but posed to obey the mandates of an arbitrary minisalso, all his heirs; and rendered the throne abso.try; and if the governor behaved ill, we could lutely and completely vacant." Thus it clearly not by any peaceable means procure redress. But, under our present happy constitution, our POOREST MAN may arrive at THE HIGHEST DIGNITY. executive magistrate arises according to the spirit-On Carolinians! happy would you be under this and letter of holy writ-"their governors shall new constitution, if you knew your happy state. proceed from the midst of them." Thus, the people have an opportunity of choosing a man intimately acquainted with their true interests, their genius, and their laws; a man perfectly disposed to de fend them against arbitrary ministers, and to promote the happiness of that people from among whom he was elevated; and by whom, without the least difficulty, he may be removed and blended in the common mass. Possessed of a constitution of government, found. ed upon so generous, equal and natural a principle, -a government expressly calculated to make the people rich, powerful, virtuous and happy, who can wish to change it, to return under a royal government; the vital principles of which are the reverse in every particular! It was my duty to lay this happy constitution before you, in its genuine light-it is your duty to understand-to instruct others—and to defend it. Again, under the British authority it was in effect declared, that we had no property; nay that I might here with propriety quit this truly imwe could not possess any; and that we had not any portant subject, but my anxiety for the public weal of the rights of humanity: For men who knew compels me yet to detain your attention, while I us not, men who gained in proportion as we lost, make an observation or two upon one particular arrogated to themselves a right To BIND US IN part of the constitution. ALL CASES WHATSOEVER!-But, our constitution is calculated to FREE us from foreign bondage; to secure to us our property; to maintain to us the rights of humanity, and to defend us and our posterity against British authority, aiming to reduce us to the most abject slavery! When all the various attempts to enslave America by fraud, under guise of law; by military threats; by famine, massacre, breach of public faith, and open war: I say, when these things are considered on the one hand, and on the other, the constitution, expressing that some mode of goAgain, the British authority declared, that we vernment should be established, "until an accom"modation of the unhappy differences between should not erect slitting mills-and, to this un"Great Britain and America can be obtained, an just law, we implicitly and respectfully submitted "event which, though traduced and treated as so long as, with safety to our lives, we could yield obedience to such authority-but a resolution of "rebels, we still ardently desire:" I say when congress now grants a premium to encourage the these two points are contrasted, can we avoid construction of such mills. The British authority revering the magnanimity of that great council of discouraged our attempting to manufacture for our own consumption-but the new constitution, by authorising the disbursment of large sums of money by way of loan, or premium, encourages the mak ing of iron, bar-steel, nail-rods, gun-locks, gun. barrels, sulphur, nitre, gun-powder, lead, woolens, cottons, linens, paper and salt. the state, who after such injuries could entertain such a principle!-But, the virtuous are ever generous: We do not wish revenge: We earnestly wish an accommodation of our unhappy disputes with Great Britain; for, we prefer peace to war.Nay, there may be even such an accommodation as, excluding every idea of revenue by taxation or duty, or of legislation by act of parliaments, may Upon the whole, it has been the policy of the vest the king of Great Britain with such a limited British authority to oblige us to supply our wants dominion over us as may tend, bona fide, to promote at their market, which is the dearest in the known our true commercial interests, and to secure our world, and to cramp and confine our trade so as freedom and safety-the only just ends of any to be subservient to their commerce, our real in-dominion. But, while I declare thus much on the terest being ever out of the question.-On the one side, on the other it is my duty also to declare other hand, the new constitution is wisely adapted that, in my opinion, our true commercial interests to enable us to trade with foreign nations, and cannot be provided for but by such a material alterathereby to supply our wants at the cheapest martion of the British acts of navigation as, according kets in the universe; to extend our trade infinitely to the resolve of the honorable the continental conbeyond what it has ever been known; to encourage gress, will "secure the commercial advantages of manufacturers among us; and it is peculiarly" the whole empire to the mother country, and formed, to promote the happiness of the people," the commercial benefits of its respective memfrom among whom, by virtue and merit, THE" bers." And that our liberties and safety can THE PRESENTMENTS OF THE JURY. DE At a court of GENERAL SESSIONS OF THE PEACE, OYER AND TERMINER, ASSIZE AND GENERAL GAOL LIVERY, begun to be holden in and for the district of Charleston, at Charleston, in the colony aforesaid, on l'uesday the 23d day of April, in the year of our Lord one thousand seven hundred and seventysix. not be depended upon, if the king, of Great Britain, should be allowed to hold our forts and cannon, or to have authority over a single regiment in America, or a single ship of war in our ports.-For if he hold our forts, he may turn them against us, as he did Boston against her proprietors: If he acquires our cannon, he will effectually disarm the The presentments of the grand jury for the said dis. colony: If he has a command of troops among us, trict. even if we raise and pay them, shackles are fixed I. Fully sensible and thoroughly convinced, that upon us—witness Ircland and her national army.to live in a society without laws or a proper execuThe most express act of parliament cannot give tion of them, to restrain the licentious nature of us security, for acts of parliament are as easily re- mankind, is the greatest misery that can befall a pealed as made. Royal proclamations are not to people, and must render any body of men, in such be depended upon, witness the disappointments of a situation, but little superior to a herd of brutes: the inhabitants of Quebec and St. Augustine. Even and being no less sensible that it was the scheme a change of ministry will not avail us, because of a corrupt nefarious administration in Great Brinotwithstanding the rapid succession of ministers tain to reduce the good people of this colony to for which the British court has been famous during that wretched situation, from a want of officers to the present reign, yet the same ruinous policy ever execute the laws, those whom they had appointed continued to prevail against America.-In short I having refused to act in their respective stations, think it my duty to declare in the awful seat of that, through the evil effects of anarchy and conjustice and before Almighty God, that in my opi- fusion, the people might become an easy prey to nion, the Americans can have no safety but by the the cruel designs of their insidious enemies; while Divine favor, their own virtue, and their being so we lament the necessity which has obliged the prudent as NOT TO LEAVE IT IN THE POWER OF THE people to resume into their hands those powers of BRITISH RULERS TO INJURE THEM. Indeed, the government which were originally derived from ruinous and deadly injuries received on our side; themselves for the protection of those rights which and the jealousies entertained and which, in the God alone has given them, as essential to their nature of things, must daily increase against us, on happiness, we cannot but express our most unthe other; demonstrate to a mind, in the least given feigned joy in the happy constitution of govern. to reflection upon the rise and fall of empires, that ment now established in this colony, which protrue reconcilement never can exist between Great mises every blessing to its inhabitants, which a peoBritain and America, the latter being in subjection ple, endued with virtue, and a just regard to the to the former.-The Almighty created America to rights of mankind, could desire. With gratitude be independent of Britain: Let us beware of the to the Divine Ruler of human events, and with the impiety of being backward to act as instruments in most pleasing expectations of happiness from a the Almighty hand, now extended to accomplish constitution so wise in its nature, and virtuous in his purpose; and by the completion of which alone its ends, being founded on the strictest principles America, in the nature of human affairs, can be of justice and humanity, and consistent with every secure against the craft and insidious designs of privilege incident to the dignity of a rational HER ENEMIES WHO THINK HER PROSPERITY AND POWER ALREADY BY FAR TOO GREAT. In a word, our piety and political safety are so blended, that to refuse our labors in this Divine work, is to refuse to be a great, a free, a pious and a happy people! And now having left the important alternative, political happiness or wretchedness, under God, in a great degree in your own hands, I pray the Supreme Arbiter of the affairs of men, so to direct your judgment, as that you may act agreeable to what seems to be his wili, revealed in his miraculous works in behalf of America, bleeding at the altar of liberty! being, we cannot but declare we think every opposition to its operations, or disregard to its authority, the foulest criminality a mortal can be guilty of, highly offensive in the eyes of God and of all just men, and deserving the most exemplary punishment. We cannot but deplore the unhappy situation of any few amongst the people of this colony who, through an ignorance of their true interests and just rights, and from a want of proper information of the real truth, may be misled by the artifice and cunning of their false and designing enemies, from a real sense of those benefits which our pre'sent constitution has so amply provided for: bene, was drawn into a ruinous operation by the riches sword of the murderer at their breasts, the Ame Never were a people more wrapped up in a king, than the Americans were in George the third in the year 1763. They revered and obeyed the British government, because it protected them-they fondly called Great Britain-home! But, from that time, the British counsels took a ruinous turn; ceasing to protect-they sought to ruin America. the stamp act, declaratory law, and the duties upon tea and other articles, at once proclaimed their injustice, and announced to the Americans, that they had but little room for hope; infinite space for fear.-IN VAIN THEY PETITIONED FOR REDRESS! trade with each other and with foreign states-the royal sword yet REEKING with American blood, and the king still deaf to the prayers of the people for "peace, liberty and safety;" it was even so late as the latter end of the last year, before that confidence visibly declined; and it was generally seen that the quarrel was likely to force America into an immediate state of independence. But such an event was not expected, because it was thought the monarch, from motives of policy, if not from inclination, would heal our wounds, and thereby prevent the separation; but it was not wished for, because men were unwilling to break off old connections, and change the usual form of govern. ment. Such were the sentiments of America until the arrival of the British act of parliament declaring the Americans out of the royal protection, and denouncing a general war against them. But counsels too refined, generally produce contrary and unexpected events. So the whole system of Bri tish policy respecting America, since the year 1763, calculated to surprise, deceive, or drive the peoAuthorised by the law of nature, they exerted the ple into slavery-urged them into independence: inherent powers of society, and resisted the edicts and this act of parliament, in particular, finally which told them that they had no property; and released America from Great Britain. Antecethat against their consent, and by men over whom dent to this, the British king, by his hostilities, they had no control, they were to be bound in had as far as he personally could, absolved Ameriall cases whatsoever.-Dreadful information!-Paca from that faith, allegiance and subjection she tience could not but resent them. However re- owed him; because the law of our land expressly gardless of such feelings, and resolved to endeavor declares, these are due only in return for his proto support those all grasping claims, early in the tection, allegiance being founded on the benefit of year 1774, the British tyranny made other edicts protection. But God knowing that we are in peril -to overturn American charters-to suspend by false brethren as well as by real enemies, out or destroy, at the pleasure of the crown, the value of his abundant mercy has caused us to be released of private property--to block up the port of Bos-from subjection, by yet a better title than the mere ton in terrorem to other American ports-to give oppressions of a man in the kingly office. This murder the sanction of law-to establish the title is singular in its kind-It is the voluntary and Roman Catholic religion, and to make the king of joint act of the whole British legislature, on the Great Britain a despot in Canada; and as much so twenty-first day of December, 1775, releasing the as he then chose to be in Massachusetts Bay. And faith, allegiance and subjection of America to the general Gage was sent to Boston with a considera- British crown, by solemnly declaring the former out ble force to usher these edicts into action, and the of the protection of the latter; and thereby, agreeable Americans into slavery. to every principle of law, actually dissolving the Their petitions thus answeredeven with the original contract between king and people. ! |