Hence, an American cannot, legally, at the suit Britain has conducted her irritating and hostile of the king of Great Britain, be indicted of highneasures, we cannot but clearly see, that God has treason; because the indictment cannot charge him darkened her counsels; and that with a stretched with an act contra ligeantiæ suæ debitum; for, not out arm, he himself has delivered us out of the being protected by that king, the law holds that house of bondage, and has led us on to empire. he does not owe him any faith and allegiance. So In the year 1774, general Gage arrived at Bosan alien enemy, even invading the kingdom of ton to awe the people into a submission to the England, and taken in arms, cannot be dealt with edicts against America. The force he brought as a traitor, because he violates no trust or alle was, by the oppressors, thought not only sufficient giance. In short this doctrine, laid down in the to compel obedience, but that this would be effected best law authorities, is a criterion whereby we may even at the appearance of the sword. But, the safely judge, whether or not a particular people continent being roused by the edicts, general Gage, are subject to a particular government. And thus to his surprise, found that he had not strength upon the matter, that decisive act of parliament sufficient to carry them into execution. In this ipso facto created the united colonies free and in-situation things continued several months, while, dependent states. on the one hand, the general received reinforcements, and on the other, the people acquired a contempt for the troops, and found time to form their militia into some order to oppose the force they saw accumulating for their destruction.—

The

These particulars evidence against the royal calumniator in the strongest manner. Let him not with unparalleled effrontery from a throne continue to declare, that the Americans "meant only to amuse, by vague expressions of attachment Hence, in the succeeding April, when the general and the strongest professions of loyalty, whilst commenced hostilities, be was defeated. they were preparing for a general revolt, for the victory produced the most important effects.purpose of establishing an independent empire." The people were animated to besiege Boston, On the first of SepTEMBER, 1775, Richard Penn where it soon appeared, that the British troops and Arthur Lee, esquires, delivered to lord Dart were too weak to make any impression upon them, mouth, he being secretary of state, a petition from thus acquiring military knowledge by the actual the congress to the king, when lord Dartmouth operations of war.-The united colonies were told them, "NO ANSWER WOULD BE GIVEN." The roused to arms.-They new modelled their militia petition contained this remarkable passage, that--raised regular troops-fortified the harbors-and the king would "be pleased to direct some mode, by crushed the tory parties among them.-Success which the united applications of his faithful colonists fired the Americans with a spirit of enterprize. to the throne, in presence of their common councils, In the mean time, the king passed such other might be improved into a PERMANENT AND HAPPY RECON- edicts as, adding to the calendar of injuries, CILIATION; and that in the mean time, measures might be widened the civil breach, and narrowed the band taken for preventing the further destruction of the lives of of the American union. And such supplies were, his majesty's subjects." YET, NOTWITHSTANDING THIS, from time to time, sent for the relief of Boston, as on the 26th of OcтOBER following, from the throne, not in any degree sufficient to enable general Gage the king charged the Americans with aiming at to raise the siege; answered no other ends but to independence! The facts I have stated are known increase the number, heighten the spirit, advance to the world; they are yet more stubborn than the the discipline of the American army, and to cause tyrant. But let other facts be also stated against every member of the union to exert every ability him. There was a time, when the American to procure arms and ammunition from abroad. army before Boston had not a thousand weight of Thus trained on evidently by the Almighty, these gunpowder-the forces were unable to advance into Canada, until they received a small supply of pow. der from this country, and for which the general congress expressly sent--and when we took up arms a few months before, we begun with a stock of five hundred weight!-These grand magazines of ammunition demonstrate, to be sure, that America, or even Massachusetts Bay, was preparing to enter the military road to independence!-On the contrary, if we consider the manner in which Great

troops, reproached by general Gage when they first sat down before Boston, that "with a preposterous parade of military arrangements, they affected to hold the army besieged," in less than eleven months compelled that British army, although considerably reinforced, to abandon Boston by stealth, and to trust their safety, not to their arms, out to the winds. The British ministry have attempted to put a gloss upon this remove of their ariny: However, the cannon, stores and provisions

they left in Bostor, are in our hands, substantial kingly office, and his protection out of this counmarks of their flight.

"Resolved, That king James the second having endeavored to subvert the constitution of the king. dom, by breaking the original contract between king and people; and, by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of the kingdom, has abdicated the government, and that the throne is thereby vacant."

try." Thus couching my thoughts upon the article Thus there appears to have been a fatality in of the withdrawing, in order that the parallel their counsels respecting Boston, the grand seat should be continued throughout as close as the of contention; their forces being inadequate to subject would admit, without attempting to extract the enterprize on which they were sent: And un- the essence from the substance of the resolution, der the same influence have their attacks been to demonstrate that such a parallel was not necesdirected against Virginia and North Carolina, sary: A mode which, the subject being new, might Savannah and this capital. Such a series of events not then perhaps have been so generally satisfacis striking! It surely displays an over-ruling Pro- tory. But, as the American revolution leads me vidence that has confounded the British counsels, again to mention that resolution, which in the to the end that America should not have been at strongest manner justifies it, I make no scruple first shackled, and thereby prevented from acquir-now to say, that the resolution, though appearing ing a knowledge of, and confidence in her strength, to point out several kinds of criminality, yet has to be attained only by an experimental trial and only one idea thus variously represented. successful exertion of it, previous to the British rulers doing acts driving her, either into slavery ar independence.-The same trace of an over-ruling Providence is evident throughout the whole transaction of the English revolution of 1688. King James received early information of the prince of Orange's intention to invade England; and Louis the XIV. offered the king a powerful assistance. But his counsels were confounded from on high: He paid little attention to the first-he neglected the last. The winds blew, and how opportunely have they aided us; the winds detained James's fleet at anchor; while they, directing the course of the prince, enabled him without any loss to land in England, at a time when no person thought of a revolution, which was destined to take place with. in but a few weeks. Unexpected, wonderful and The estates of Scotland having enumerated king rapid movements, character the British and Ame. James's mal-administration, and in which there rican revolutions: They do not appear to have was no article of withdrawing, they declared, that been premeditated by man. And from so close "thereby he had forefaulted the rights of the similitude, in so many points, between the two crown, and the throne was become vacant.”—And revolutions, we have great reason to hope that the the representatives of the United States of AmeAmerican, like the British, will be stable against rica, stating their grievances under king George the tyrant. the third, decreed, that "he has abdicated go.

a

But, before I make any further observation upon this resolution, allow me to shew you the sense of Scotland in the last, and of America in the present century, touching an abdication of government; and you will find, that the voice of nature is the same, in either extremity of the globe, and in different ages.

As I said before, in my last charge, I drew a vernment here, by declaring us out of his protecAnd that "a parallel between the causes which occasioned the tion, and waging war against us.” English revolution, and those which occasioned prince, whose character is thus marked by every our local revolution in March last; and I examined act which may define a tyrant, is unfit to be the the famous resolution of the lords and commons ruler of a free people."

of England at Westminster, declaring the law up

Thus in each case it is apparent, the abdication on James's conduct. The two first points of it or forefaulting took place from but one and the applied to our own case in the closest manner, and same cause-the failure of protection: And this is in applying the third, treating of James's with- the single idea that, I apprehend, is in the resoludrawing, I pointed out that the abdication of the tion of Westminster. Search to understand, what regal government among us, was immediately ef is a breach of the original contract—what a violafected, not only by the withdrawing of the regal tion of the fundamental laws wherein consisted substitute, with the ensigns of government, but the criminalty of James's withdrawing? Your enthat king George had withdrawn himself, "by quiry must terminate thus- a failure of protection. withdrawing the constitutional benefits of the-Independent of the nature of the subject, the

history of that time warrants this construction attracts the attention of the rest of the universe, upon the withdrawing in particular. For, upon and bids fair, by the blessing of God, to be the James's first flying from Whitehall, quitting the most glorious of any upon record.-America hails administration without providing a power to pro-Europe, Asia and Africa!—She proffers peace and tect the people, he was considered by the prince plenty!

of Orange, and the heads of the English nation, This revolution, forming one of the most im as having then absolutely abdicated the govern portant epochas in the history, not of a nation, ment, and terminated his reign; and they treated but of the world, is, as it were, an eminence from him accordingly upon his sudden return to White-which we may observe the things around us. And hall, from whence he was immediately ejected. In I am naturally led to explain the value of that short, a failure of protection being once established, grand object now in our possession and view-to it necessarily includes, and implies a charge of a state the American ability by arms to maintain breach of original contract-a violation of funda. the acquisition-and to shew the conduct, by mental laws--and a withdrawing of the king: which a patriotic grand jury may aid the establishdo not mean the individual person, but the officer ment of our infant empire. so called. For the officer being constituted to To make men sensible of the value of the object dispense protection, and there being a failure of now in our possession, we need no ingenuity of it, it is evident, prima facie, that the officer is with thought, or display of eloquence. To him who drawn; and in reality, because the law will not doubts of the meridian sun, it is sufficient to point admit that the officer can be present and not dis- to it. So in the present case, as well to demonstrate pense protection, as the law ascribes to the king the value of the object as the justice of our claim in his political capacity absolute perfection; and to it, we need only hold it up to view.—IT IS, TO therefore it will intend a withdrawing and abdica- MAINTAIN AMONG THE POWERS OF THE EARTH, THE tion, in exclusion of any idea of his being present SEPARATE AND EQUAL STATION TO WHICH THE LAWS and doing wrong. Protection was the great end oF NATURE And of natre's GOD ENTITLE US.--A few for which mankind formed societies. On this hang months ago we fought only to preserve to the laall the duties of a king. It is the one thing needful borer the fruits of his toil, free from the all-coveting in royalty. grasp of the British tyrant, alieni appetens, sui Upon the whole, what is civil liberty, or by profusus, and to defend a people from being, like what conduct it may be oppressed, by what means brute beasts, bound in all cases whatsoever. But the oppression ought to be removed, or an abdica these two last ingredients to make life agreeable, tion or forefaulting of the government may be are now melted into, inseparably blended with, and induced, cannot precisely be ascertained, and laid wholly included in the first, which is now become down as rules to the world. Humanity is interested THE OBJECT for which America, ex necessitute, wars in these subjects. Nature alone will judge; and against Britain-And 1 shall now point out to you she will decide upon the occasion without regard the continental ability, by arms, to maintain this to precedent. In America, nature has borne Bri invaluable station. tish oppression so long as it was tolerable; but When, in modern times, Philip of Spain became there is a load of injury which cannot be endured. the tyrant of the low countries in Europe, of sevenNature felt it. And the people of America, acting teen provinces which composed those territories, upon natural principles, by the mouths of their seven only effectually confederated to preserve representatives in congress assembled, at Philadel their liberties, or to perish in the attempt. They phia, on the fourth day of July last, awfully declared saw Philip the most powerful prince in the old --and revere the sentence!-"That these United world, and master of Mexico and Peru in the new Colonies are, and of right ought to be, free and nations, incessantly pouring into his territories independent states, that they are absolved from floods of gold and silver. They saw him possessed all allegiance to the British crown; and that all of the best troops, and the most formidable navy political connection between them and the state in the universe; and aiming at no less than universal of Great Britain is, and ought to be, totally dis- monarchy!-But these seven provinces, making solved." but a speck upon the globe, saw themselves with. A decree is now gone forth, xor to be recalled! out armies, fleets, or funds of money: yet seeing And thus has suddenly arisen in the world, a new themselves on the point of being by a tyrant bound empire, styled the United States of America. An in all cases whatsoever, nobly relying upon Proempire that as soon as started into existence, 'vidence and the justice of their cause, they resolved

to oppose the tyrant's whole force, and at least was even this, that her grand army of but 26,00 deserve to be free. They fought, they bled, and men, could not open the present campaign be were often brought to the door of destruction.fore the end of August last -Add to these particu TAXI REDOUBLED THEIR EFFORTS IN PROPORTION Tolars, the troops are unaccustomed to the sudde THEIR DANGER. And the inhabitants of that speck vicissitudes of the American climate and th of earth, compelled the master of dominions so extremes of cold, heat, and rain. They canno extensive, that it was boasted the sun was never proceed without camp equipage, because they are absent, to treat with them as a free and independent used to such luxuries. The very scene of their people! operations is a matter of discouragement to them, For a moment, and with the aid of a fearful because they know not the country; and for their imagination, let us suppose that the American supplies of men, stores and the greatest part of states are now as defenceless as the Hollanders their provisions, they must look to Great Britain then were; and that the king of Great Britain is—and there is a vast abyss between.-Hence their now as powerful as Philip then was. Yet even supplies must be precarious at best; and failing, such a state of things, could not be a plea for any they may be involved in ruin. A check may affect degree of submission on our part. Did not the them as a defeat--a defeat in battle may annihilate Hollanders oppose their weakness to the strength their very army.-Such seems to be the situation of Spain? Are not the Americans engaged in as of Great Britain, while only the American war is good a cause as the Hollanders fought in? Are on her hands. But do we not see FRANCE and the Americans less in love with liberty than the SPAIN, her inveterate enemies, now watching for Hollanders were? Shall we not in this, a similar the critical moment when they shall swallow up cause, dare those perils that they successfully her West India islands! When this crisis appears, combated? Shall we not deserve freedom!-Our which, from the now quick arrivals of French vespast actions presage our future achievements and sels in America, and from the forces already colanimate us in our military efforts for "peace, li- lected, and others now daily poured into the islands berty and safety."-But see the real powers of by those powers, cannot be far distant, what will Great Britain. be the situation of Great Britain!

Staggering beneath the load of an enormous debt, On the other hand, America is possessed of the very annual interest of which, in the year 1775, resources for the war, which appear as soon as amounted to upwards of four millions eight hun-enquired after; are found only by being sought for; dred and eighty thousand pounds sterling, Great and are but scarce imagined even when found. Britain scarcely supports the weight which is yet Strong in her union, on each coast and frontier she rapidly increasing. During the present year, she meets the invaders, whether British or Indian prosecutes the war at a charge of more than nine-savages, repelling their allied attacks. The Ameriteen millions sterling, incurred by actual expenses, cans now live without luxury. They are habituated and by loss of revenue in consequence of the war. to despise their yearly profits by agriculture and Her trade, her only resource for money, is now in trade. THEY ENGAGE IN THE WAR FROM PRINCIPLE. a manner destroyed; for her principal trade, which They follow their leaders to battle with personal was to this continent, is now at an end; and she affection. Natives of the climate, they bear the sustains heavy, very heavy, losses by the American vicissitudes and extremities of the weather.captures of her West India ships. Her manufactures Hardy and robust, they need no camp equipage, are almost at their last morsel. Her public credit is and they march with celerity. The common peocertain to fail even by a short continuance of the ple have acute understandings; and there are those war. Iler fleets are not half manned. And she is so in the higher stations, who are acquainted with the destitute of an army, that she is reduced to supplicate arts and sciences, and have a comprehensive view even the petty German princes for assistance; and of things equally with those who act against them. thinks it worth her while to make a separate treaty In short, the American armies meet the war where to procure only 668 men!-a last effort to form an ar- they may be constantly recruited and subsisted; my in America.—But, after all this humiliating exer- comforted by the aid of their neighbors, and by tion, she has even upon paper raised a German army reflections upon the justice of their cause; and of only 16,868 men who, with about 14,000 national animated by seeing, that they are arrayed in the troops and a few Hanoverian regiments, compose defence of all that is, or can be, dear to them. the whole military force that she can collect for From such a people every thing is to be hoped the American service. Nay, so arduous a task for, nothing is to be doubted of. Such a people,

In the contemplation of law, every taking of life

though young in the practice of war, ever were strict; and these articles I shall arrange under two superior to veteran troops. To prove this, shall heads. The one relating to crimes and misdemean I direct your attention to Europe, Asia and Africa, ors, immediately injurious to individuals-the other in their histories to point out to you numberless relating to such as are injurious to the state. instances of this sort? No, gentlemen, America Those critainal injuries that affect individuals, now attracts the eyes of the world: she deserves respect either their persons, habitations, or proour whole attention-let us not search abroad, and perty. Of these injuries the most important are in remote or modern times, for instances of such such as effect the person; and of such, the act de a kind as we can find at home and in our own day. priving the person of life is the most enormous. Need I mention that such a people, young in the art of war, beat veteran troops at Lexington, slaughtered them at Bunker's-hill; and drove them is a homicide; and, according to the particular out of Boston! or remind you of Sullivan's-Island, circumstances of each case, this homicide is purely where, in an unfinished wooden fort, on a flat coast, voluntary, including the cases of felony, as self-mursuch men, during 11 hours, and at the distance of der, murder respecting another, and manslaughter: 500 yards, stood the whole and unintermitted fire Or, the homicide is purely involuntary, as per of a British squadron of 2 ships of the line, 5 frigates infortunium, misadventure: Or, of a mixed kind, and a bomb; and, with 15 pieces of cannon, caused ex necessitate; as se defendendo inducing a forfeiture; the enemy to burn one of their largest frigates, and or being under the requisition or permission of to fly with the rest of the squadron, in a shattered law and not inducing any: And thus, homicide is condition, from before our capital! either justifiable, excusable or felonious.

It is justifiable in all cases ex necessitate; as Such a contrasted state of the powers of America when life is taken by the legal execution of a and of Britain is, I apprehend, a just representation criminal; or for the advancement of justice; or for of their abilities with regard to the present war; the prevention of some atrocious crime. and if America behaves worthy of herself, I see no cause to fear the enemy. However, in such a conflict, we ought to expect difficulties, dangers and defeats. "What, shall we receive good at the hand of God, and shall we not receive evil?" Job's perseverance in his duty under every calamity, at length raised him to the height of human felicity; and, if we are firm, even our defeats will operate to our benefit. Let us remember, that it was to the danger in which the Roman state was reared, that she owed her illustrious men and imperial fortune. The Roman dignity was never so majestic; her glory never so resplendent; her fortitude and exertions never so conspicuous and nervous, as when Hannibal, in the successive battles of Trabia, Thrasymenus and Cannæ, having almost extirpated their whole military force, the very state was on the brink of dissolution--the Romans deserved-and they acquired victory!

It is excusable in cases per infortunium, mislawful act without any evil intention: So in cases adventure; as when life is taken by the doing a se defendendo; as a man being attacked without any provocation on his part, and having bona fide retreated as far as he safely could, when for selfthis last arises ex necessitute, and it would therepreservation he kills the aggressor. And although fore seem to be rather justifiable than excusable, yet the law intitles it necessitas culpabilis, and thereby distinguishes it from the other. For the law so highly respects the life of a man, that it always intends some misbehavior in the person who takes it away without an express legal command or permission.

But homicide is felonious in all cases of man. slaughter, murder, and self-murder. In cases of manslaughter, as killing another without any degree of malice, and this killing may be either And now, gentlemen of the grand jury, having voluntary by a sudden act of revenge on a sudden in this manner considered the nature of the Ameri- provocation and heat, or it may be, yet not strictly can revolution upon circumstances of fact, and so, involuntary, being in the commission of some principles of law, I am to mark the conduct which unlawful act under the degree of felony; for this you ought to pursue, and which will enable you killing being the consequence of the unlawful act to aid the establishment of our infant empire. But, voluntarly entered upon, the law, because of the that I may naturally introduce this subject, I shall previous intent, will transfer this from the original first state and explain to you, the principal articles to the consequential object. of the enquiry which you are sworn to make on the part of the state, and for the body of this dis

In cases of murder; as killing another person, ex mulitia præcogitata: And here it is necessary