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the æra of the American calamities by the stamp act, 1721, RECOGNIZED the British monarch: The virtues in the year 1705; for being the date of the repeal of the second George are still revered among usof 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, wben 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 pro. But alas! almost with the commencement of his vided army in that service, supported by a formid. reign, his subjects felt causes to complain of gn. able 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 bebind 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 en. markable 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 revolation 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 catalogue of our oppressions, continental the transaction deserves such a state-the occasion demands, and our future welfare requires will mention only some of the most weighty.
and local, is enormous. Of sich oppressions, I it: To do this may take up some little time; but the subject is of the highest moment, and worthy
Under color of law, the king and parliament of of your particular attention: I will therefore con. Great Britain have made the most arbitrary at. fine my discourse to that great point; and, after tempts to enslave America: charging you to attend to the due observance of By claiming a right to DIND TIR COLONIES "IN the jury law, and the patrol and negro ,acts, for- ALL CASES WHATSOEVER;" bearing to mention the other common duties of a
By laying duties at their mere will and pleasure grand jury, I will expound to you THE CONSTITU. Upon all the colonies; TION OF YOUR COUNTRY.
By suspending the legislature of New York; The house of Brunswick was yet scarcely set.
By rendering the Americaa charters of no vali. tled in the British throne, to which it had been dity, having annulled the mos' material parts of the called by a free people, when, in the year 1719, charter of the Massachusetts-Bay; our ancestors in this country, finding that the
By divesting multitudes of the colonists of their
go Ferriment of the lords proprietors operated to their property, without legal accusation or trial; ruin, exercised the rights transmitted to them by By depriving whole colonies of the bounty of their forefathers of England; and casting off the Providence on their own proper coasts, in order to Proprietary auibority, called upon the house of coerce them by famine; Brunswick to rule over them a house elevated
By restricting the trade and commerce of Ame. to royal dominion, for no other purpose than to
rica; preserve 10 a people their unalienable rights. The
By sending to, and continuing in America, in king accepted the invitation, and thereby indispu. time of peace, an armed force without and against tably admitted the legality of that revolution. And the consent of the people; in so doing, by bis own act, he vested in those
By granting impunity to a soldiery instigated to our forefathers, and us their posterity, a clear right
murder the Americans; to effect another revolution, if ever the government of
By declaring, that the people of Massachusetts. the house of Brunswick should operate to the ruin Bay are liable for offences, or pretended offences, of the people.-So the excellent Roman emperor,
done in that colony, to be sent to, and tried for the Trajan, delivered a sword to Saburanus, his cap. same in England; or in any coloNT WHERE they tain of the Prætorian guard, with this admired cannot have the benefit of a jury of the vicinage; sentence. “Receive this sword, and use it to de.
By establishing in Quebec, the Roman Catholic fend me if I govern well, but against me, if I be religion, and an arbitrary government; instead of have ill."
the Protestant religion and a free government. With joyful acclamations our ancestors, by act And thus America saw it demonstrated, that no of assembly, passed on the 18th day ci August,' faith ought to be put in a royal proclamatio:; 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 Ergland, and a free government. It is a misfor.blood mighe 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 abusera continent, let it su fice, that I direct your Carthage, Corinth, and Numantium, proclaimed to attention to the southern estremity; 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 mili. St. 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 ing as unprecedented, when we consider their va. scarcely permitted to exercise even that privilege frious manners and religious tenets; their distance distinguisliing the miserable, that royal faith is not from each other; their various and clashing local kept with them.
interests, tijeir self denial; and their miraculous The proceedings which Ihave enumerated, 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 Con. in the face. They united their counsels, and laid structor of the universe, having formed this conii. their 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 ngent, 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 War and military destruction!
his wisdom, he bad formed them.
In this enlightened age, humanity must be par. In the mean time, the British troops that had
ticularly shocked at a recital of such violences; been peaceably received by the devoted inhabitants
and it is scarce to be believed, that the British ty. of Boston, us the troops of their sovereign bound to
ranny could entertain an idea of proceeding against protect them! fortified that town, to imprison the
America by a train of more dishonorable machiinhabitants, and to hold that capital against the
nations. But, nothing less than absolute proof has people to whom it belonged! And the British
convinced us that, in carrying on the conspiracy rulers baving determined to appeal from reason
against the rights of humanity, the tyranny is ca. and justice, to violence and arms, a select body of those troops, being in the night suddenly and pable of attempting to perpetrate wbatever is in.
famous. privately marched frum Boston-at Lexington, on ibe 19th cay of April, 1775, they by surprise soned inhabitants of Boston, the king's general,
For the little purpose of disarming the impri. drew the sword of civil war, and plunged it into
Gage, in the face of day, violated the public faith, the breasts of the Americans! Against this horrid
by himself plighted; and in concert with other go. injustice the Almighty gave instant judgment: A
vernors, and with John Stuart, he made every ai. handful of country militia, badly armed, sudden. ly collected, and unconnectedly
, and irregularly southern colonies, indiscriminately to massacre man,
tempt lo instigate the savage nations to war upon the brought up to repel the attack, discomfited the
woman and child: The governors in general have regular bands of the tyranny; they retreated, and
demonstrated, that truth is not in them; they have night saved them from total slaughter.
enveigled negroes from, and bave armed them Thus forced to take up arms in our own defence, against their masters; they have armed brother America yel again most dutifully petitioned the against brother-son against father!
-Oh! Al. king, 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 bappy -A government that, upon the 21st day of Decem. and permanent reconciliation; and that in the mean.' ber last, made a law, ex posi facto, to justify what
had been done, not only without law, but in its na. mental laws, and having withdrawn himself out oi ture unjust!--a law to make prize of all vessels (his 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, crown; 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 king's judges in this country refused to ad. to bave been done by James: I will point them minister justice; and the late governor, lord Wilo 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 repre. subvert 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 vio
The first fact is, the having endeavored to sub. lated the fundamental laws; having carried off the
vert the constitution of the kingdom by breaking great seal, and having withdrawn himself out of
the original contract. this colony, he abdicated the government.
The violation of the fundamental laws is the se. Oppressed by such a variety of enormous inju.
cond fact; and in support of these two charges, the ries, continental and local, civil and military, and
lords spiritual and temporal and commons, assemiby divers other arbitrary and illegal courses; all
bled at Westminster, on the 12th day of February, done and perpetrated by the assent, command, or
1688, declared that James was guilty. sufference of the king of Great Britain; the repre. sentatives of South Carolina, in congress assem.
“By assuming, and exercising a power of dis. bled, found themselves under an unavoidable ne pensing with, and suspending of laws, and the exe. cessity of establishing a form of government, with cution of laws, without consent of parliament;
“By committing and prosecuting divers worthy powers legislative, executive and judicial, for the good of the people; the origin and great end of prelates, for humbly petitioning to be excused all just government. -For this only end, the from concurring to the said assumed power:
“By issuing and causing to be executed a com. house of Brunswick was called to rule over us. Oh! agonizing reflection that house ruled us with mission, under the great seal, for erecting a cour
called the court of commissioners for ecclesiasti. swords, fire and bayonets! The British govern.
cal causes: ment operated only to our destruction. Nature
“By levying money for, and to the use of the cried aloud, self preservation is the great law-we bave but obeyed.
crown, by pretenee of prerogative, for other time,
and in other manner, than the same was granted If I turn my thoughts to recollect in history, a
by parliament: change of government upon more cogent reasons,
“By raising and keeping a standing army within I say I know of no change upon principles 60 pro
this kingdom in time of peace, without consent voking-compelling-justifiable. And in these re.
of parliament; and quartering soldiers contrary to speets, even the famous revolution in England,
law; in the year 1688, is much inferior. However we
“By causing several good subjects, being proneed no better authority than that illustrious
testants, to be disarmed, at the same time when cedent; and I will therefore compare the causes of,
papists were both armed and employed contrary and the law upon the two events.
to law; On the 7th of February, 1688, the lords and
"By violating the freedom of election of mem. commons of England, in convention, completed bers to serve in parliament; the following resolution.
“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 í This declaration, thus containing two points of other wicked persons, having violated the funda-I criminality-breach of the origiral contract, and
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 bath 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 Jaipes' conduct as above stat.
specting America are as much contrary to our in. ed, 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 violated the fundamental laws, by the suspending berties of this colony, and of America, as the si
as much, at least, to subvert and extirpate the liof 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 parlixment;
and to the people of America in the other. And which is as much as to say, that he did those things without consent of the legislative assembly chosen by and affecting a people, against and wilhout THEIR
this is the great principle. Certain acts done, over, the PERSONAL ELECTION of trut people, over whom
CONSENT expressed by THEMSELVES, or by REPRESENTAsuch doings were exercised.
Tives of their own ELECTLON.
ox.-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 same 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 lighied up, and now feed the fames 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 his subjects, although Massachusetts Bay to be in effect annihilated; be he was not charged with having seized their to was suspended the operation of the law which formed and with having held them against the people or & legislature in New York, vesting it with adequate with having laid them in ruins by his arms-or powers; and thereby he caused 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 arins 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 Ameties–But Gecrge the third bath done all those rica, not only without, but expressly azuinst the things against America; and it is therefore undeconsent 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
the third has also broken the original contract beinembers to serve in parliament-king George, by 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
done- Violences, of wbicb JAMES WUS GUILTLESSmental law of this country, for the certain holding 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
the king of Great Britain, the law holds to be due ability of holding a general assembly.
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 thet army de jure, or of right, unless he be also king de fucia,
or in possession of the executive powers dispens-Jappears, 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--Ard we know that the people of this country have de. as I have on the foot of the best authorities made
combined facts of mal-administration. And thus, clared, that lord William Campbell, the king of
it evident, that George the thịrd, king of Great Great Britain's representative, “baving used his Britain, has endeavored to subvert the constilu. utmost efforts to destroy the lives, liberties, and tion of this country, by breaking the original con. properties 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 bim- 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 eye of the law, oveu us, and we owe 20 OBEDIENCE TO um. 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 commons in parliament; and I am nothing loth drawing, the executive magistrate was gone, the that they take equal resentment against this charge. death, 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 representa virtue-I fear no consequences from their macbiriative, 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 Thus having stated the principal causes of our conduct became the conduct of his principal; and lust revolution, it is as clear as the sun in meridian, thus, James the second withdrew out of England that George the third has injured the Americans, and George the third withdrew out of South Ca. ai least as grievously as James the second injured rolina; and by such a conduct, respectively, the the people of England; but that James did not people in each country were exactly in the same oppress these in so criminal a manner as George -degree injured.
bas oppressed the Americans. Having also stated The three facts against king James being thus ihe 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
that revolution. ting 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 govern. that point; which, being ascertained, must natu. rally constitute the judgment in law, upon the re. der the British Ruthority: And this will most
ment in every respect preferable to the mode unsult of the similar injuries done by the last: And
clearly appear by contrasting the two formy of go. I am bappy tbat I can give you the best authority
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 did our laws; generally, they were but too much dis. not affect only the person of the king himself, but posed to obey the mandates of an arbitrary minis. also, all his heire; and rendered the throne abso. try; and if the governor bebaved ill, we could jately and completely vacant.” Thus it clearly not by any peaceable mcans procure redress.--