renown, with prospects that tend to elevate the hu- [by what has heretofore happened, considered the man soul, encourages these flattering expectations. expectation thereof as romantic: But He, who sitShould any puny politician object, that all these teth at the helm of the universe, and who boweth prospects are visionary, till we are certain of inde- the hearts of a whole nation as the heart of one pendence, I reply, that we have been in possession man, for the accomplishment of his own purposes, of it for two years, and are daily more able to sup- has effected that, which to human wisdom and port it, and our enemies less able to overset it. foresight seemed impossible. A review of the When we first dared to contend with Britain, we history of America, from its first discovery to the were a loose, disjointed people, under no other present day, forces upon us a belief, that greater government but that of a well regulated mob. If blessings are reserved for this continent, than she in these circumstances, we were able to defend ever could have possessed whilst lying low at the ourselves, what may we not expect, when we can foot of an European island. draw forth our whole strength in a regular, constiIt has never yet been fairly tried how far the tutional manner? If the maiden courage of our equal principles of republican government would new levies, has successfully withstood the well secure the happiness of the governed. The antrained bands of our enemies, can we distrust, cients, unacquainted with the present mode of taking when three campaigns have made them equal in the sense of the people by representatives, were too discipline, with those whom they are to contend? apt, in their public meetings, to run into disorder Such is the situation of Britain, that were we only and confusion. The distinction of patricians and pleable to keep up the appearance of an army, she bians, laid the foundation of perpetual discord in the could not afford to protract the war: But instead of Roman commonwealth. If the free states of Greece this, our troops are more numerous, better discip- had been under the control of a common superintendlined, cloathed and armed, than they ever were. ing power, similar to our continental congress," The most timid may dismiss all their doubts, since they could have peaceably decided their disputes, Louis the XVI. of France, that illustrious protec- and probably would have preserved their freetor of the rights of human nature, with a magnani dom and importance to the present day. Happily mity worthy of himself, has guaranteed to us our for us, warned by experience, we have guarded independency. If Britain could not subdue Ame- against all these evils. No artificial distinction of rica, when she stood single and alone, how abortive ranks has been suffered to take place among us. must all her attempts prove, when we are aided We can peaceably convene a state in one small asby the power of the greatest European monarch?sembly of deputies, representing the whole in an The special interposition of Providence in our *Their council of Amphictyones in some things, behalf, makes it impious to disbelieve the final es- resembled our congress; but their powers were tablishment of our heaven-protected independence. too limited. This suggests a hint, that a consideCan any one seriously review the beginning, pro-ration of the United States, on principles that vest the congress with ample powers, is most gress, and present state of the war, and not see in-likely to perpetuate our republican governments disputable evidence of an over-ruling influence on and internal tranquility. The union of independent commonwealths, under one common head, is the minds of men, preparing the way for the accom an application of the social compact to states, and plishment of this great event? requires powers proportionably enlarged. TreaAs all the tops of corn, in a waving field, are in-son in our governments, puts on a new aspect, and clined in one direction by a gust of wind, in like manner, the governor of the world has given one, and the same universal bent of inclination to the

may be committed by a state as well as an individual; and therefore ought to be clearly defined, and carefull guarded against.

To give permanency to our confederation on reexpedient: That congress should have a power to publican principles, the following regulations seem limit or divide large states, and to erect new ones: To dispose of the money arising from quit-rents and vacant lands, at least till all the expenses of the war are sunk: To establish a general intercourse between the states, by assigning to each, one or

whole body of our people. Is it a work of man, that thirteen states, frequently quarrelling about boundaries, clashing in interests, differing in policy, manners, customs, forms of government, and religion, scattered over an extensive continent, under the influence of a variety of local prejudices, more manufactories, with which it should furnish jealousies, and aversions, should all harmoniously agree, as if one mighty mind inspired the whole?

Our enemies seemed confident of the impossibility of our union; our friends doubted it; and all indifferent persons, who judged of things present,

the rest; so as to create a reciprocal dependence of each, upon the whole: To erect a great continental university, where gentlemen from all the states may form an acquantance, receive the finishing touches of education, and be inspired with continental liberality of mind, superior to local prejudices, and favorable to a confederated union.

equal proportion. All disputes between the dif- the mountains, illuminating our hemisphere with ferent states, and all continental concerns, are to liberty, light, and polished life. Our indepenbe managed by a congress of representatives from dence will redeem one quarter of the globe from each. What a security for liberty, for union, for tyranny and oppression, and consecrate it the choevery species of political happiness! Small states sen seat of truth, justice, freedom, learning and are weak, and incapable of defence, large ones are religion. We are laying the foundation of happiunwieldly, greatly abridge natural liberty, and ness for countless millions. Generations yet un. their general laws, from a variety of clashing inte- born will bless us for the blood-bought inheritance, rests, must frequently bear hard on many individu- we are are about to bequeath them. Oh happy als: But our confederation will give us the strength times! Oh glorious days! Oh kind, indulgent, boun. and protection of a power equal to that of the tiful Providence, that we live in this highly favorgreatest; at the same time that, in all our internal ed period, and have the honor of helping forward concerns, we have the freedom of small indepen- these great events, and of suffering in a cause of dent commonwealths. We are in possession of such infinite importance! constitutions that contain in them the excellencies of all forms of government, free from the inconve. niences of each; and in one word, we bid fair to be At an adjournment of the court of GENERAL SESthe happiest and freest people in the world for ages yet to come.

When I anticipate in imagination the future glory of my country, and the illustrious figure it will soon make one the theatre of the world, my heart distends with generous pride for being an American. What a substratum for empire! compared with which, the foundation of the Macedonian, the Roman, and the British, sink into insignificance. Some of our large states have territory superior to the island of Great Britain; whilst the whole, toge. ther, are little inferior to Europe itself. Our independence will people this extent of country with freemen, and will stimulate the innumerable inhabitants thereof, by every motive, to perfect;the acts of government, and to extend human happiness.

Judge Drayton's Charge.

SIONS OF THE PEACE, OYER AND TERMINER, ASSIZE AND GENERAL GAOL DELIVERY, held at Charleston for the district of Charleston, on Tuesday the 23d day of April, 1776—Before the hon. WILLIAM HENRY DRAYTON, esq. chief justice, and his associates, justices of the colony of SouthCarolina.

On motion of Mr. Attorney General, ORDERED, That the charge of his honor, the chief justice, delivered to the grand jury, be published toge ther with their presentments.

May 2d.

By order of the court,
JOHN COLCOCK, C. C. S.

THE CHARGE TO THE GRAND JURY.

Gentlemen of the grand jury-When, by evil machinations tending to nothing less than absolute ty. ranny, trials by jury have been discontinued, and juries, in discharge of their duty, have assembled, and as soon as met, as silently and arbitrarily dis missed without being impannelled, whereby, in contempt of magna charta, justice has been delayed and denied; it cannot but afford to every good citi. zen, the most sincere satisfaction, once more to see juries, as they now are, legally impannelled, to the end, that the laws may be duly administereddo most heartily congratulate you upon so important an event.

I

I congratulate you on our glorious prospects. Having for three long years weathered the storms of adversity, we are at length arrived in view of the calm haven of peace and security. We have laid the foundations of a new empire, which promises to enlarge itself to vast dimensions, and to give happiness to a great continent. It is now our turn to figure on the face of the earth, and in the annals of the world. The arts and sciences are planted In this court, where silence has but too long among us, and, fostered by the auspicious influ- presided, with a direct purpose to loosen the bands ence of equal governments, are growing up to ma- of government, that this country might be involvturity; while truth and freedom flourish by their ed in anarchy and confusion, you are now met to sides. Liberty, both civil and religious, in her noon-tide blaze, shines forth with unclouded lustre

on all ranks and denominations of men.

regulate your verdicts, under a new constitution of government, independent of royal authority: A constitution which arose according to the great Ever since the flood, true religion, literature, law of nature and of nations, and which was esarts, empire and riches, have taken a slow and tablished in the late congress, on the 26th of gradual course from east to west, and are now March last-A day that will be ever memorable about fixing their long and favorite abode in this in this country-a month, remarkable in our histonew western world. Our sun of political happi- ry, for having given birth to the original constitu. ness is already risen, and hath lifted its head over' tion of our government in the year 1669; for being

But alas! almost with the commencement of his

the era of the American calamities by the stamp act, 1721, RECOGNIZED the British monarch: The virtues in the year 1765; for being the date of the repeal of the second George are still revered among us— of that act in the following year; and for the con- HE was the father of his people: And it was with clusion of the famous siege of Boston, when the extacy we saw his grandson, George the Third, American arms compelled general Howe, a gene-mount the throne possessed of the hearts of his ral of the first reputation in the British service, subjects. with the largest, best disciplined, and best provided army in that service, supported by a formid-reign, his subjects felt causes to complain of goable fleet, so precipitately to abandon the most vernment. The reign advanced-the grievances impregnable fortifications in America, as that he became more numerous and intollerable--the comleft behind him a great part of the bedding, mili-plaints more general and loud-the whole empire tary stores, and cannon of the army. And for so resounded with the cries of injured subjects! At many important events, is the month of March re- length, grievances being unredressed and ever enmarkable in our annals--But I proceed to lay be- creasing; all patience being borne down; all hope fore you, the principal causes leading to the late destroyed; all confidence in royal government revolution of our government-the law upon the blasted!-Behold! the empire is rent from pole to point-and the benefits resulting from that happy pole!-perhaps to continue asunder forever. and necessary establishment.-The importance of the transaction deserves such a state-the occa

sion demands,—and our future welfare requires it: To do this may take up some little time; but the subject is of the highest moment, and worthy of your particular attention: I will therefore confine my discourse to that great point; and, after charging you to attend to the due observance of the jury law, and the patrol and negro acts, forbearing to mention the other common duties of a grand jury, I will expound to you THE CONSTITU.

TION OF YOUR COUNTRY.

The house of Brunswick was yet scarcely settled in the British throne, to which it had been called by a free people, when, in the year 1719, our ancestors in this country, finding that the go. vernment of the lords proprietors operated to their ruin, exercised the rights transmitted to them by their forefathers of England; and casting off the proprietary authority, called upon the house of Brunswick to rule over them-a house elevated to royal dominion, for no other purpose than to preserve to a people their unalienable rights. The king accepted the invitation, and thereby indispu. tably admitted the legality of that revolution. And in so doing, by his own act, he vested in those our forefathers, and us their posterity, a clear right|| to effect another revolution, if ever the government of the house of Brunswick should operate to the ruin of the people.-So the excellent Roman emperor, Trajan, delivered a sword to Saburanus, his cap. tain of the Prætorian guard, with this admired sentence. "Receive this sword, and use it to defend me if I govern well, but against me, if I be.

have ill."

With joyful acclamations our ancestors, by act of assembly, passed on the 18th day of August,

The catalogue of our oppressions, continental will mention only some of the most weighty. and local, is enormous. Of such oppressions, I

Under color of law, the king and parliament of Great Britain have made the most arbitrary at tempts to enslave America:

By claiming a right To BIND THE COLONIES "IN ALL CASES WHATSOEVER;"

By laying duties at their mere will and pleasure upon all the colonies;

By suspending the legislature of New York;

By rendering the American charters of no validity, having annulled the most material parts of the charter of the Massachusetts-Bay;

By divesting multitudes of the colonists of their property, without legal accusation or trial;

By depriving whole colonies of the bounty of Providence on their own proper coasts, in order to coerce them by famine;

By restricting the trade and commerce of America;

By sending to, and continuing in America, in time of peace, an armed force without and against the consent of the people;

By granting impunity to a soldiery instigated to murder the Americans;

By declaring, that the people of MassachusettsBay are liable for offences, or pretended offences, done in that colony, to be sent to, and tried for the same in ENGLAND; or in any COLONY WHERE they cannot have the benefit of a jury of the vicinage;

By establishing in Quebec, the Roman Catholic religion, and an arbitrary government; instead of the Protestant religion and a free government.

And thus America saw it demonstrated, that no faith ought to be put in a royal proclamation; for

I must observe to you that, in the year 1763, by time, measures might be taken for preventing the such a proclamation, people were invited to settle further destruction of the lives of his majesty's in Canada, and were assured of a legislative re-subjects:"-But, it was in vain!-The petition on presentation, the benefit of the common law of the part of millions, praying that the effusion of England, and a free government. It is a misfor-blood might be STAYED, was not thought worthy of tune to the public, that this is not the only in an answer! The nefarious war continued. The stance of the inefficacy of a royal proclamation: ruins of Charlestown, Falmouth and Norfolk, towns However, having given you one instance of a failure not constructed for offence or defence, mark the of royal faith in the northern extremity of this humane progress of the royal arms: So the ruins of abused continent, let it suffice, that I direct your Carthage, Corinth, and Numantium, proclaimed to attention to the southern extremity; respecting the world that justice was expelled the Roman which, the same particulars were, in the same senate!-On the other hand, the fortitude with manner promised, but the deceived inhabitants of which America has endured these civil and miliSt. Augustine are left by their grand jury, in vain tary outrages; the union of her people, as astonishto complain and lament to the world, and yet scarcely permitted to exercise even that privilege distinguishing the miserable, that royal faith is not kept with them.

ing as unprecedented, when we consider their va rious manners and religious tenets; their distance from each other; their various and clashing local interests, their self denial; and their miraculous The proceedings which I have enum erated, either success in the prosecution of the war: I say, these immediately or in their evident consequences, things all demonstrate that the Lord of Hosts is on deeply affected all the colonies: ruin stared them our side! So it is apparent, that the Almighty Conin the face. They united their counsels, and laid structor of the universe, having formed this contitheir just complaints before the throne, praying nent of materials to compose a state pre-eminent a redress of grievances. But, to their astonish. in the world, is now making use of the tyranny of ment, their dutiful petition for peace and safety, the British rulers, as an instrument to fashion and was answered only by an actual commencement of arrange those materials for the end for which, in his wisdom, he had formed them. war and military destruction!

In this enlightened age, humanity must be particularly shocked at a recital of such violences; and it is scarce to be believed, that the British tyranny could entertain an idea of proceeding against America by a train of more dishonorable machinations. But, nothing less than absolute proof has convinced us that, in carrying on the conspiracy against the rights of humanity, the tyranny is ca. pable of attempting to perpetrate whatever is infamous.

In the mean time, the British troops that had been peaceably received by the devoted inhabitants of Boston, as the troops of their sovereign bound to protect them! fortified that town, to imprison the inhabitants, and to hold that capital against the people to whom it belonged! And the British rulers having determined to appeal from reason and justice, to violence and arms, a select body of those troops, being in the night suddenly and privately marched from Boston-at Lexington, on the 19th day of April, 1775, they by surprise soned inhabitants of Boston, the king's general, For the little purpose of disarming the impridrew the sword of civil war, and plunged it into

the breasts of the Americans! Against this horrid injustice the Almighty gave instant judgment: A handful of country militia, badly armed, sudden

Gage, in the face of day, violated the public faith, by himself plighted; and in concert with other governors, and with John Stuart, he made every attempt to instigate the savage nations to war upon the

ly collected, and unconnectedly, and irregularly southern colonies, indiscriminately to massacre man,

brought up to repel the attack, discomfited the regular bands of the tyranny; they retreated, and night saved them from total slaughter.

woman and child: The governors in general have demonstrated, that truth is not in them; they have enveigled negroes from, and have armed them Thus forced to take up arms in our own defence, against their masters; they have armed brother America yet again most dutifully petitioned the against brother-son against father!-Oh! Alling, that he would "be pleased to direct some mighty Director of the universe! What confidence mode, by which the united applications of his faith-can be put in a government ruling by such engines, ful colonists to the throne, in presence of their and upon such principles of unnatural destruction! common councils, might be improved into a happy-A government that, upon the 21st day of Decemand permanent reconciliation; and that in the mean- ber last, made a law, ex post facto, to justify what

had been done, not only without law, but in its na- mental laws, and having withdrawn himself out of ture unjust!-a law to make prize of all vessels this kingdom; has abdicated the government, and trading in, to, or from the united colonies-a law that the throne is thereby vacant."

to make slaves of the crews of such vessels, and to

That famous resolution deprived James of his compel them to bear arms against their conscience, crowr; and became the foundation on which the their fathers, their bleeding country!-The world, throne of the present king of Great Britain is built so old as it is, heretofore had never heard of so-it also supports the edifice of government which attrocious a procedure: It has no parallel in the re- we have erected.

gisters of tyranny.-But to proceed-

In that resolve, there are but three facts stated

The first fact is, the having endeavored to sub. vert the constitution of the kingdom by breaking the original contract.

The king's judges in this country refused to ad to have been done by James: I will point them minister justice; and the late governor, lord Wil-out, and examine whether those facts will apply liam Campbell, acting as the king's representative to the present king of Great Britain, with regard to for him, and on his behalf, having endeavored to the operations of government, by him or his represubvert the constitution of this country, by break-sentative, immediately or by consequence affecting ing the original contract between king and people, this colony. attacking the people by force of arms; having violated the fundamental laws; having carried off the great seal, and having withdrawn himself out of this colony, he abdicated the government, Oppressed by such a variety of enormous injucond fact; and in support of these two charges, the ries, continental and local, civil and military, and by divers other arbitrary and illegal courses; all done and perpetrated by the assent, command, or sufference of the king of Great Britain; the representatives of South Carolina, in congress assem bled, found themselves under an unavoidable ne

cessity of establishing a form of government, with powers legislative, executive and judicial, for the good of the people; the origin and great end of all just government. For this only end, the

house of Brunswick was called to rule over us.

Oh! agonizing reflection! that house ruled us with swords, fire and bayonets! The British govern. ment operated only to our destruction. Nature cried aloud, self preservation is the great law-we have but obeyed.

If I turn my thoughts to recollect in history, a change of government upon more cogent reasons, I say I know of no change upon principles so provoking-compelling-justifiable. And in these respects, even the famous revolution in England, in the year 1688, is much inferior.-However we need no better authority than that illustrious precedent; and I will therefore compare the causes of, and the law upon the two events.

On the 7th of February, 1688, the lords and commons of England, in convention, completed the following resolution.

The violation of the fundamental laws is the se

lords spiritual and temporal and commons, assembled at Westminster, on the 12th day of February, 1688, declared that James was guilty.

"By assuming, and exercising a power of dispensing with, and suspending of laws, and the exe.

cution of laws, without consent of parliament;

"By committing and prosecuting divers worthy prelates, for humbly petitioning to be excused from concurring to the said assumed power:

"By issuing and causing to be executed a commission, under the great seal, for erecting a court,

called the court of commissioners for ecclesiastical causes:

"By levying money for, and to the use of the crown, by pretence of prerogative, for other time, and in other manner, than the same was granted by parliament:

"By raising and keeping a standing army within this kingdom in time of peace, without consent of parliament; and quartering soldiers contrary to law;

"By causing several good subjects, being protestants, to be disarmed, at the same time when papists were both armed and employed contrary to law;

"By violating the freedom of election of members to serve in parliament;

"By prosecutions in the court of king's bench,

"Resolved, That king James the second, having for matters and causes cognizable only in parliaendeavored to subvert the constitution of the king-ment; and by divers other arbitrary and illegal dom, by breaking the original contract between courses."

king and people; and, by the advice of Jesuits and This declaration, thus containing two points of other wicked persons, having violated the funda- criminality--breach of the original contract, and