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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

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

The catalogue of our oppressions, continental and local, is enormous. Of such oppressions, I sion demands,—and our future welfare requires will mention only some of the most weighty. 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 con. fine 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.

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;

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 By declaring, that the people of Massachusetts. the house of Brunswick should operate to the ruin Bay are liable for offences, or pretended offences,

By rendering the American charters of no validity, having annulled the mos 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;

of the people.-So the excellent Roman emperor, Trajan, delivered a sword to Sahuranus, 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 ci August,

By restricting the trade and commerce of Ame. rica;

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;

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 various manners and religious tenets; their distance from each other; their various and clashing local interests, their self denial; and their miraculous success in the prosecution of the war: I say, these things all demonstrate that the Lord of Hosts is on our side! So it is apparent, that the Almighty Constructor of the universe, having formed this continent of materials to compose a state pre-eminent

The proceedings which I have enumerated, either immediately or in their evident consequences, deeply affected all the colonies: ruin stared them in the face. They united their counsels, and laid their just complaints before the throne, praying 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, was answered only by an actual commencement of war and military destruction!

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 drew 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.

ly collected, and unconnectedly, and irregularly

brought up to repel the attack, discomfited the

regular bands of the tyranny; they retreated, and

night saved them from total slaughter.

the British rulers, as an instrument to fashion and arrange those materials for the end for which, in his wisdom, he had formed them.

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 capable of attempting to perpetrate whatever is infamous.

For the little purpose of disarming the imprisoned inhabitants of Boston, the king's general, 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

southern colonies, indiscriminately to massacre man, 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! Alking, 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, 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 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 inju-cond 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 first fact is, the having endeavored to subvert the constitution of the kingdom by breaking the original contract.

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 execution 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 mem. bers 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 parlia endeavored 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

violation of fundamental laws-I am to distinguish was kept-king George hath in time of peace inone from the other. vaded this continent with a large standing army In the first place then, it is laid down in the best without the consent, and he hath kept it within law authorities, that protection and subjection this continent, expressly against the consent of the are reciprocal; and that these reciprocal duties representatives of the people among whom that form the original contract between king and peo-army is posted.

ple. It therefore follows, that the original con. All which doings by king George the third retract was broken by James' conduct as above statspecting America are as much contrary to our ined, which amounted to a not affording due protec-terests 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 respecting the people of England. For the same

money; by violating the freedom of election of members to serve in parliament; by keeping a standing

contrary to law, and without consent of parliament; which is as much as to say, that he did those things without consent of the legislative assembly chosen by the PERSONAL ELECTION of that people, over whom such doings were exercised.

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, and to the people of America in the other. And this is the great principle. Certain acts done, over, and affecting a people, against and without THEIR CONSENT expressed by THEMSELVES, or by REPRESENTATIVES of their OWN ELECTLON.-Upon this only prin. ciple was grounded the complaints of the people of England-upon the same is grounded the complaints of the people of America. And hence it clearly follows, that if James the second violated the fundamental laws of England, George the third hath also violated the fundamental laws of

These points, reasonings, and conclusions, being settled in, deduced from, and established upon parliamentary proceedings, and the best law authorities, must ever remain unshaken. I am now to undertake the disagreeable task of examining, whether they will apply to the violences which have lighted up, and now feed the flames of civil war in America.

James the second suspended the operations of laws-George the third caused the charter of the Massachusetts Bay to be in effect annihilated; he suspended the operation of the law which formed a legislature in New York, vesting it with adequate powers; and thereby he caused the very ability of making laws in that colony to be suspended.

America.

Again

King James broke the original contract by not affording due protection to his subjects, although he was not charged with having seized their towns and with having held them against the people-or with having laid them in ruins by his arms-or with having seized their vessels-or with having pursued the people with fire and sword-or with King James levied money without the consent having declared them rebels, for resisting his arms of the representatives of the people called upon to levelled to destroy their lives, liberties and properpay it-king George has levyed money upon Ame- ties-But George the third hath done all those rica, not only without, but expressly against the things against America; and it is therefore undeconsent of the representatives of the people in Ame-niable, that he hath not afforded due protection to the people. Wherefore, if James the second broke

rica.

King James violated the freedom of election of members to serve in parliament-king George, by his representative, lord William Campbell, acting for him and on his behalf, broke through a fundamental law of this country, for the certain holding of general assemblies; and thereby, as far as in him lay, not only violated but annihilated the very ability of holding a general assembly.

King James in time of peace kept a standing army in England, without consent of the representatives of the people among whom that army

the original contract, it is undeniable that George the third has also broken the original contract between king and people; and that he made use of the most violent measures by which it could be done-Violences, of which JAMES was GUILTLESSMeasures, carrying conflagration, massacre and open war amidst a people, whose subjection to the king of Great Britain, the law holds to be due only as a return for protection. And so tenacious and clear is the law upon this very principle, that it is laid down, subjection is not due even to a king de jure, or of right, unless he be also king de facto,

or in possession of the executive powers dispens- appears, that the government was not abdicated, ing protection.

Again

and the throne vacated by the resolution of the lords and commons; but, that the resolution was only declaratory of the law of nature and reason, upon the result of the injuries proceeding from the three combined facts of mal-administration.-And thus, as I have on the foot of the best authorities made

The third fact charged against James is, that he withdrew himself out of the kingdom--And we know that the people of this country have de. clared, that lord William Campbell, the king of it evident, that George the third, king of Great Great Britain's representative, "baving used his Britain, has endeavored to subvert the constituutmost efforts to destroy the lives, liberties, and tion of this country, by breaking the original conproperties of the good people here, whom by the tract between king and people; by the advice of duty of his station he was bound to protect, with- wicked persons, has violated the fundamental laws, drew himself out of the colony."-Hence it will and has withdrawn himself, by withdrawing the appear, that George the third hath withdrawn him- constitutional benefits of the kingly office, and.his self out of this colony, provided it be established protection out of this country: From such a result that exactly the same natural consequence result of injuries, from such a conjuncture of circumed from the withdrawing in each case respectively: stances-the law of the land authorises me to king James personally out of England, and king declare, and it is my duty boldly to declare the George out of Carolina, by the agency of his sub-law, that George the third, king of Great Britain, stitute and representative, lord William Campbell. has abdicated the government, and that the throne -By king James's withdrawing, the executive ma- is thereby vacant; that is, HE HAS NO AUTHORITY gistrate was gone, thereby, in the eye of the law, OVER US, and WE OWE NO OBEDIENCE TO HIM. the executive magistrate was dead, and of conse- The British ministers already have presented a quence royal government actually ceased in Eng-charge of mine to the notice of the lords and land-So by king George's representative's withdrawing, the executive magistrate was gone, the death, in law, became apparent, and of consequence royal government actually ceased in this colony. Lord William withdrew as the king's representa tive, carrying off the great seal and royal instruc- tions. tions to governors, and acting for and on the part of his principal, by every construction of law, that conduct became the conduct of his principal; and thus, James the second withdrew out of England and George the third withdrew out of South Carolina; and by such a conduct, respectively, the people in each country were exactly in the same -degree injured.

commons in parliament; and I am nothing loth that they take equal resentment against this charge. For, supported by the fundamental laws of the constitution, and engaged as I am in the cause of virtue-I fear no consequences from their machina

Thus having stated the principal causes of our lust revolution, it is as clear as the sun in meridian, that George the third has injured the Americans, at least as grievously as James the second injured the peopie of England; but that James did not oppress these in so criminal a manner as George has oppressed the Americans. Having also stated the law on the case, am naturally led to point out to you some of the great benefits resulting from that revolution.

The three facts against king James being thus stated and compared with similar proceedings by king George, we are now to ascertain the result of the injuries done by the first, and the law upon that point; which, being ascertained, must natu. In one word then, you have a form of govern. rally constitute the judgment in law, upon the re-der the British authority: And this will most ment in every respect preferable to the mode unsult of the similar injuries done by the last: And I am happy that I can give you the best authority upon this important point.

clearly appear by contrasting the two forms of go

vernment.

Treating upon this great precedent in constituUnder the British authority, governors were sent tional law, the learned judge Blackstone declares, over to us, who were utterly unacquainted with that the result of the facts "amounted to an abdi.our local interests, the genius of the people, and cation of the government, which abdication did our laws; generally, they were but too much disnot affect only the person of the king himself, but also, all his heirs; and rendered the throne abso. lutely and completely vacant." Thus it clearly

posed to obey the mandates of an arbitrary ministry; and if the governor behaved ill, we could not by any peaceable means procure redress.-—

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