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violation of fundamental laws-1 am to distinguish was kept--king George hath in time of peace in. one froin 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 stat.
specting America are as much contrary to our ined, which amounted to a not affording due protecterests and welfare; as much against law, and tend tion to his people. And, it is as clear, that he
as much, at least, to subvert and extirpate the liviolated the fundamental laws, by the suspending berties of this colony, and of America, as the siof laws, and the execution of laws; by levying milar proceedings, by James the second, operated money; by violating the freedom of election of mem
respecting the people of England. For the same bers to serve in parliament; by keeping a standing army in time of peace; and by quartering soldiers principle of law, touching the premises, equally
applies to the people of England in the one case, contrary to law, and without consent of parliament; which is as much as to say, that he did those things this is the great principle. Certain acts done, over,
and to the people of America in the other. And without consent of the legislative assembly chosen by and affecting a people, against and without tukio the PERSONAL ELECTION of thul people, over whom
CONSENT expressed by TAEMSELVES, or by REPRESENTAsuch doings were exercised.
TIVES of their ows ELECTLON.-Upon this only prin. These points, reasonings, and conclusions, being ciple was grounded the complaints of the people of settled in, deduced from, and established upon England-upon the sume is grounded the comparliamentary proceedings, and the best law au plaints of the people of America. And hence it thorities, must ever remain unshaken. I am now clearly follows, that if James the second violated to undertake the disagreeable task of examining, the fundamental laws of England, George the whether they will apply to the violences which third hath also violated the fundamental laws of have lighted up, and now feed the flames of civil America. war in America.
Again“ James the second suspended the operations of
King James broke the original contract by not laws-George the third caused the charter of the
affording due protection to bis subjects, although Massachusetts Bay to be in effect annihilated; he he was not charged with having seized their towns suspended the operation of the law which formed and with having held them against the people-or a legislature in New York, vesting it with adequate with having laid them in ruins by his arms-or powers; and thereby hş caased the very ability of with having seized their vessels-or with having making laws in that colony to be suspended.
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 proper. pay 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 unde. consent of the representatives of the people in Ame. niable, that he hath not afforded due protection to rica.
the people. Wherefore, if James the second broke King James violated the freedom of election of the original contract, it is undeniable that George inembers to serve in parliament-king George, by
the third has also broken the original contract be. his representative, lord William Campbell, acting
tween king and people; and that he made use of for him and on his behalf, broke through a funda. the most violent measures by which it could be inental law of this country, for the certain bolding done-Violences, of wbich JAMES WAS GUILTLE$5– of general assemblies; and thereby, as far as in Measures, carrying conflagration, massacre and him lay, not only violated but annihilated the very open war amidst a people, whose subjection to ability of holding a general assembly.
the king of Great Britain, the law holds to be doe
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 eren to a king sentatives of the people among whom tbat army| de jure, or of right, unless he be also king ile fucle,
or in possession of the executive powers dispens. appears, that the government was not abdicated, ing protection.
and the throne vacated by the resolution of the
lords and commons; but, that the resolution was on. Again
ly 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 de
as 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 bis Britain, has endeavored to subvert the constitu. utmost 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 daty of his station he was bound to protect, with wicked persons, has violated the fundamental laws, drew himself ont 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 10 king James personally out of England, and king declare, and it is my duty boldly to declarè 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. bas avdicated the government, and that the throne -By king James's withdrawing, the executive ma is thereby vacant; that is, nE 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 wine to the notice of the lords and land—So by king George's representative's with comgionis in parliament; and I am nothing loth drawing, the executive magistrate was gone, the thui bey take cqual resentment against this charge. deatb, in law, became apparent, and of consequence For, supported by the fundamental laws of the royal government actually ceased in this colony. constitution, and engaged as I am in the cause of Lord William withdrew as the king's represente virtue-I fear no consequences from their machinative, carrying off the great seal and royal instruc- tions. tions to governors, and acting for and on the part of his principal, by every construction of law, that Thus having stated the principal causes of our conduct became the conduct of his principal; and last revolution, it is as clear as the sun in meridian, shus, James the second withdrew out of England that George the third has injured the Americans, and George the third withdrew out of South Ca. at leasi as grievously as James the second injured rolina; and by such a conduct, respectively, the the people of England; but that Jumes did no'. people in each country were exactly in the same oppress these in so criminal a inanner as George degree injured.
has oppressed the Armericans. Having also stated The three facts against king James being thus the law on the case, I am naturally led to point out stated and compared with similar proceedings by
to you some of the great benefits resulting from king George, we are now to ascertain the result of that revolution. the injuries done by the first, and the law upon
In one word then, you have a form of govern. that 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
clearly appear by contrasting the two forms of go.
vernment. upon this important point. Treating upon this great precedent in constitu
Under 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 dia 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, aur/ POOREST man may arrive at THE HIGHEST DIGNITY. executive magistrate arises according to the spirit-Oa 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
Possessed of a constitution of government, found. have an opportunity of choosing a man intimately
ed upon so generous, equal and natural a principle, acquainted with their true interests, their genius, and their laws; a man perfectly disposed to de
-a government expressly calculated to make the
people rich, powerful, virtuous and happy, who fend them against arbitrary ministers, and to pro.
can wish to change it, to return under a royal gomote the happiness of that people from among whom he was elevated; and by whom, without the vernment; the vital principles of which are the
reverse in every particular! It was my duty to lay least difficulty, he may be removed and blended in
this happy constitution before you, in its genuine the common mass.
light-it is your duty to understand to instruct Again, ander the British authority it was in others—and to defend it. effect declared, that we had no property; nay that I might here with propriety quit this truly irowe 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, wbile 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 is part of the constitution. ALL CASES WHATSOEVER!-But, our constitution is calculated to FREE us from foreigu bondage; to
When all the various attempts to enslave Amo.
rica by fraud, under guise of law; by military secure to us our property; to maintain to us the rights of humanity, and to defend us and our po
threats; by famine, massacre, breach of public sterity against British authority, aiming to reduce
faith, and open war: I say, when these things are
considered on the one hand, and on the other, the us to the most abject slavery!
constitution, expressing that some mode of goAgain, the British authority declared, that we vernment should be established, "until an accomshould not erect slitting mills-and, to this un."modation of the unhappy differences between just law, we implicitly and respectfully submitted" Great Britain and America can be obtained, an so long as, with safety to our lives, we could yield"event which, though traduced and treated as 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 the state, who after such injuries could entertain own consumption—but the new constitution, by such a principle!-But, the virtuous are ever authorising the disbursment of large sums of money generous: We do not wish revenge: We earnestly by way of loan, or premium, encourages the makwish an accommodation of our unhappy disputes ing of iron, bar-steel, nail-rods, gun-locks, gun.
with Great Britain; for, we prefer peace to war.barrels, sulphur, nitre, gun-powder, lead, woolens, Nay, there may be even such an accommodation cottons, linens, paper and salt.
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 altera. thereby to supply our wants at the cheapest mar tion 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 con. beyond what it bas 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 mem. from among whom, by virtue and merit, taxta bers." And thut our liberties and safety can
not be depended upon, if the king of Great Britain THE PRESENTMENTS OF THE JURY. should be allowed to hold our forts and cannon, At a court of GENERAL SESSIONS OF THE PEACE, OTER
AND TERMINER, ASSIZE AND GENERAL GAOL or to have authority over a single regiment in
LIVERY, begun to be holden in and for the district Americs, or a single ship of war in our ports. For of Charleston, at Charleston, in the colony aforesaid, if he hold our forts, ke may turn them against us,
on Tuesday the 23d day of April, in the year of
our Lord one thousand seven hundred and seventybe did Boston against her proprietors: If he ac
sir. quires 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 fred I. Fully sensible and thoroughly convinced, that upon 28-witness Ircland and her national army.- to live in a society without laws or a proper execuThe most express act of parliament cannot givetion 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 Sl. 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, yel the same ruinous policy ever execute the laws, those whom they had appointed continned 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
asy 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 sot TO LEAVE IT IN THE POWER OF THE people to resume into their hands those powers of BRITISA 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 wbich, 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 . 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 pro. true 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 BEB ENEMIES WHO THINK REN PROSPERITY AND POWER being, we cannot but declare we think every opALREADY BY FAR TOO GREAT. In a word, our position to its operations, or disregard to its au. piety and political safety are so blended, that to thority, the foulest criminality a mortal can be refuse our labors in this Divine work, is to refuse guilty of, lighly offensive in the eyes of God and to be a great, a free, a pious and a happy people of all just men, and deserving the most exemplary, And now baving left the important alternative,
punishment. political happiness or wretchedness, under God, in
We cannot but deplore the unhappy situation of a great degree in your own hands, I pray the Su- any few amongst the people of this colony who, preme Arbiter of the affairs of men, so to direct through an ignorance of their true interests and your judgment, as that you may act agreeable to just rights, and from a want of proper information what seems to be his will, revealed in his miraculous of the real truth, may be misled by the artifice works in behalf of America, bleeding at the altar 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.
inclination, would heal our wounds, and thereby
Such were the sentiments of America until the time, the British counsels took a ruinous turn; arrival of the British act of parliament declaring ceasing to protect-they sought to ruin America. the Americans out of the royal protection, and de. the stamp act, declaratory law, and the duties upon nouncing a general war against them. But countea and other articles, at once proclaimed their in- sels too refined, generally produce contrary and justice, and announced to the Americans, that they unexpected events. So the whole system of Bris had but little room for hope; infinite space for tish policy respecting America, since the year 1763, fear.-IN VAIN TREY PETITIONED FOR REDRESS!– 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, aod resisted the edicts and this act of parliament, in particular, finally wliich told them that they bad no property; and released America from Great Britain. Antece. that 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 Aneriall cases whatsoever.-Dreadful information! - Pa.
ca from that faith, allegiance and subjection she tience could not but resent them. However re. lowed 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 'sar.ction 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 ilo 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 disvolving the Their petitions thus answeredeven with the l original contract between king and people.