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But, under our present happy constitution, our POOREST MAN may arrive at THE HIGHEST MIGNITY. ̧ executive magistrate arises according to the spirit-On Carolinians! happy would you be under this and letter of holy writ-"their governors shall new constitution, if you knew your happy state. proceed from the midst of them." Thus, the people Possessed of a constitution of government, found

have an opportunity of choosing a man intimately ed upon so generous, equal and natural a principle, acquainted with their true interests, their genius, and their laws; a man perfectly disposed to de fend them against arbitrary ministers, and to promote the happiness of that people from among whom he was elevated; and by whom, without the least difficulty, he may be removed and blended in the common mass.

-a government expressly calculated to make the people rich, powerful, virtuous and happy, who can wish to change it, to return under a royal government; the vital principles of which are the reverse in every particular! It was my duty to lay this happy constitution before you, in its genuine light-it is your duty to understand-to instruct others—and to defend it.

Again, under the British authority it was in effect declared, that we had no property; nay that I might here with propriety quit this truly im- . we could not possess any; and that we had not any portant subject, but my anxiety for the public weal of the rights of humanity: For men who knew compels me yet to detain your attention, while I us not, men who gained in proportion as we lost, make an observation or two upon one particular arrogated to themselves a right To BIND US IN part of the constitution.

ALL CASES WHATSOEVER!-But, our constitution is calculated to FREE us from foreign bondage; to secure to us our property; to maintain to us the rights of humanity, and to defend us and our posterity against British authority, aiming to reduce us to the most abject slavery!"

When all the various attempts to enslave America by fraud, under guise of law; by military threats; by famine, massacre, breach of public faith, and open war: I say, when these things are considered on the one hand, and on the other, the constitution, expressing that some mode of goAgain, the British authority declared, that we vernment should be established, "until an accomshould not erect slitting mills-and, to this un"modation of the unhappy differences between "Great Britain and America can be obtained, an just law, we implicitly and respectfully submitted so long as, with safety to our lives, we could yield "event which, though traduced and treated as obedience to such authority-but a resolution of "rebels, we still ardently desire:" I say when congress now grants a premium to encourage the these two points are contrasted, can we avoid construction of such mills. The British authority revering the magnanimity of that great council of discouraged our attempting to manufacture for our the state, who after such injuries could entertain own consumption-but the new constitution, by such a principle!-But, the virtuous are ever authorising the disbursment of large sums of money generous: We do not wish revenge: We earnestly by way of loan, or premium, encourages the mak wish an accommodation of our unhappy disputes ing of iron, bar-steel, nail-rods, gun-locks, gun. with Great Britain; for, we prefer peace to war.barrels, sulphur, nitre, gun-powder, lead, woolens, Nay, there may be even such an accommodation cottons, linens, paper and salt. as, excluding every idea of revenue by taxation or duty, or of legislation by act of parliaments, may Upon the whole, it has been the policy of the vest the king of Great Britain with such a limited British authority to oblige us to supply our wants dominion over us as may tend, bona fide, to promote at their market, which is the dearest in the known our true commercial interests, and to secure our world, and to cramp and confine our trade so as freedom and safety-the only just ends of any to be subservient to their commerce, our real in-dominion. But, while I declare thus much on the terest being ever out of the question.-On the one side, on the other it is my duty also to declare other hand, the new constitution is wisely adapted that, in my opinion, our true commercial interests to enable us to trade with foreign nations, and cannot be provided for but by such a material altera. thereby to supply our wants at the cheapest martion of the British acts of navigation as, according kets in the universe; to extend our trade infinitely to the resolve of the honorable the continental conbeyond what it has ever been known; to encourage gress, will "secure the commercial advantages of manufacturers among us; and it is peculiarly" the whole empire to the mother country, and formed, to promote the happiness of the people," the commercial benefits of its respective memfrom among whom, by virtue and merit, THE "bers." And that our liberties and safety can.

DE.

THE PRESENTMENTS OF THE JURY. At a court of GENERAL SESSIONS OF THE PEACE, OYER AND TERMINER, ASSIZE AND GENERAL GAOL LIVERY, begun to be holden in and for the district of Charleston, at Charleston, in the colony aforesaid, on Tuesday the 23d day of April, in the year of our Lord one thousand seven hundred and seventysix.

trict.

not be depended upon, if the king of Great Britain should be allowed to hold our forts and cannon, or to have authority over a single regiment in America, or a single ship of war in our ports.-For if he hold our forts, he may turn them against us, as he did Boston against her proprietors: If he acquires our cannon, he will effectually disarm the The presentments of the grand jury for the said discolony: If he has a command of troops among us, I. Fully sensible and thoroughly convinced, that even if we raise and pay them, shackles are fixed upon us-witness Ireland and her national army.➡to live in a society without laws or a proper execu The most express act of parliament cannot give tion of them, to restrain the licentious nature of us security, for acts of parliament are as easily re- mankind, is the greatest misery that can befall a pealed as made. Royal proclamations are not to people, and must render any body of men, in such be depended upon, witness the disappointments of a situation, but little superior to a herd of brutes: the inhabitants of Quebec and St. Augustine. Even and being no less sensible that it was the scheme a change of ministry will not avail us, because of a corrupt nefarious administration in Great Brinotwithstanding the rapid succession of ministers tain to reduce the good people of this colony to for which the British court has been famous during that wretched situation, from a want of officers to the present reign, yet the same ruinous policy ever execute the laws, those whom they had appointed continued to prevail against America.-In short I having refused to act in their respective stations, think it my duty to declare in the awful seat of that, through the evil effects of anarchy and conjustice and before Almighty God, that in my opinion, the Americans can have no safety but by the Divine favor, their own virtue, and their being so prudent as NOT TO LEAVE IT IN THE POWER OF THE BRITISH RULERS TO INJURE THEM. Indeed, the government which were originally derived from ruinous and deadly injuries received on our side; themselves for the protection of those rights which and the jealousies entertained and which, in the God alone has given them, as essential to their nature of things, must daily increase against us, on happiness, we cannot but express our most unthe other; demonstrate to a mind, in the least given feigned jay in the happy constitution of govern to reflection upon the rise and fall of empires, that ment now established in this colony, which protrue reconcilement never can exist between Great mises every blessing to its inhabitants, which a peoBritain and America, the latter being in subjection ple, endued with virtue, and a just regard to the With gratitude to the former. The Almighty created America to rights of mankind, could desire. be independent of Britain: Let us beware of the to the Divine Ruler of human events, and with the impiety of being backward to act as instruments in most pleasing expectations of happiness from a the Almighty hand, now extended to accomplish constitution so wise in its nature, and virtuous in his purpose; and by the completion of which alone its ends, being founded on the strictest principles America, in the nature of human affairs, can be of justice and humanity, and consistent with every secure against the craft and insidious designs of privilege incident to the dignity of a rational HER ENEMIES WHO THINK HER PROSPERITY AND POWER ALREADY BY FAR TOO GREAT. In a word, our piety and political safety are so blended, that to refuse our labors in this Divine work, is to refuse to be a great, a free, a pious and a happy people!

And now having left the important alternative, political happiness or wretchedness, under God, in a great degree in your own hands, I pray the Supreme Arbiter of the affairs of men, so to direct your judgment, as that you may act agreeable to what seems to be his will, revealed in his miraculous works in behalf of America, bleeding at the altar of liberty!

fusion, the people might become an easy prey to the cruel designs of their insidious enemies; while we lament the necessity which has obliged the people to resume into their hands those powers of

being, we cannot but declare we think every opposition to its operations, or disregard to its au. thority, the foulest criminality a mortal can be guilty of, highly offensive in the eyes of God and of all just men, and deserving the most exemplary punishment.

We cannot but deplore the unhappy situation of any few amongst the people of this colony who, through an ignorance of their true interests and just rights, and from a want of proper information of the real truth, may be misled by the artifice and cunning of their false and designing enemies, from a real sense of those benefits which our pre'sent constitution has so amply provided for: bene.

fits which are not confined or limited to any ranks to the liberties of America and the operations or degrees of men in particular, but generally, of the united colonies amongst us in suffering equally and indiscriminately extending to all, from them to reside here, and be admitted to interthe richest to the poorest, and which time and a courses dangerous to the peace and welfare of this little patient experience must soon evince. colony.

Every good citizen must be happy in the conIV. We present that the public oaths directed sideration of the choice of those officers, appoint. by an act of the general assembly, passed since ed in the administration of our present govern- the forming of our present constitution, to be adment, as well in the impartial mode of an appoint-ministered to those exercising public offices, trusts, ment arising from the people themselves, and the and professions, are not administered to such of the limited duration of their power, as in their per- clergy as are included in the same. sonal characters as men, justly beloved and revered by their country, and whose merits and virtues entitle them to every pre-eminence.

V. We present that the times at which the several parochial committees meet or are appointed for their meeting, are not made public; and we do recommend that they do publish the same in the public papers, that all persons who are desirous of obtaining leave to sue for debis, may know when to apply.

VI. We present as a great grievance, more par

Filled with these sentiments, arising from mature deliberation, and the most impartial enquiry, we must further declare, that blessings such as these we have before enumerated, are too inestimable to be lost, and that nothing in nature can repay the least violation of them; and although an accom-ticularly at this time, the want of due attention to modation with the power which attempts to de- the roads and ferries in this colony; many of the stroy them may be highly worthy of attention, and, roads not being sufficiently wide and worked upon upon principles truly honorable, of obtaining, yet agreeable to law, and the ferries in general not we think it a sacred duty incumbent upon every having boats sufficient to forward passengers upon citizen to maintain and defend, with his life and any emergent occasion. fortune, what is given and entrusted to him by the hand of Providence, not for his own good only, but for the lasting happiness of posterity: A trust which no law can ever annul, which is the grand principle of existence, and the source of every social virtue.

VII. We present as a grievance the too frequent forestalling out of the waggons, coming from the back parts of the country, the many necessaries of life, by which the good inhabitants of this town are obliged to pay most exorbitant prices for the same; and with submission would recommend a place to be appointed for the sale of bacon, flour, butter, and other such necessaries brought to town in carriages, to be regulated by the market act.

Jonathan Scott, foreman [L. s.]

George Cooke,

II. We present as a grievance intolerable to the spirit of a people born and nurtured in the arms of freedom, and (though ever submissive to the just mandates of legal authority) holding every oppression as detestable, the unjust, cruel and VIII. We present the want of a proper person diabolical acts of the British parliament, not only by law to oblige the sellers of blades and hay, to declaring the good people of the united colonies weigh the same at a public scale. of North America rebels, for defending those invaluable rights which no human power can lawfully divest them of, but making all murders, ra pines, thefts, robberies, and other inhuman op pressions, done before the passing of those acts without authority, and which were, after the passing the said acts, to be done by the British forces in these colonies, legal and warrantable, to the eternal disgrace and indelible infamy of a kingdom, once renowned for her justice, honor and humanity, but now meanly descending to that wanton profligacy which even savages abhor.

III. We present as a very great grievance, the indulgence allowed to all those who are inimical

Thomas Jones,
John Lightwood,

[L. S.]

[L. S.]

[L. S.]

Peter Leger,

[L. S.]

Philip Meyer,

[L. S.]

Isaac Mazyck,

[L. S.]

John Owen,

[L. S.]

John Smyth,

[L. 5.]

Joseph Jenkins,

[L. S.]

[blocks in formation]

ANOTHER-BY JUDGE DRAYTON.

beneficial. It is your birth right by the law or na

At a court of GENERAL SESSIONS OF THE PEACE, OYER ture-it is even valid by the fundamental laws of AND TERMINER, ASSIZE AND GENERAL GAOL DELIVE- your country--you were placed in possession of it ny, begun and holden at Charleston, for the dis

trict of Charleston, on Tuesday, October 15th, in by the band of God!-particulars evidencing a subthe year of our Lord, 1776-Before the hon.ject of the highest import.-Gentlemen of the WILLIAM HENRY DRAYTON, esq. chief justice, grand jury, it is my duty to mark to you the great and his associates, justices of the said court. ORDERED, That the charge delivered by his honor, the chief justice, to the grand jury, and their presentments at this sessions, be forthwith pub lished.

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

THE CHARGS TO THE GRAND JURY.

Gentlemen of the grand jury.—The last time I had the honor to address a grand jury in this court, I expounded to then the constitution of their country, as established by congress on the 26th day of March last, independent of royal authority. I laid before them the causes of that important change of our government-a comparison of these, with those that occasioned the English revolution of 1688-and the law resulting from the injuries in each case. I spoke to that grand jury of the late revolution of South Carolina. I mean to speak to

you upon a more important subject-the rise of the

American empire.

in

lines of your conduct; and so to endeavor to explain the nature of each, that you may clearly see your way, and thereby be animated in your progress to discharge those services which are required at your hands. And hence, it is necessary for me to lay before you some observations upon the nature of the American revolution, which by every tie, divine and human, you are bound to support. I shall therefore endeavor to draw your attention to

this great subject, necessarily including the lines of your particular conduct.

It is but to glance an eye over the historic page, to be assured that the duration of empire is limited by the Almighty decree. Empires have their rise to a zenith-and their declension to a dissolution. The years of a man, nay the hours of the insect on the bank of the Hypanis, that lives but a day, epito

mize the advance and decay of the strength and

duration of dominion! One common fate awaits all things upon earth-a thousand causes accelerate or delay their perfection or ruin.-To look a

most contemptible origin upon record, Rome became the most powerful state thesun ever saw: The WORLD bowed before her imperial Fasces!—yet, having ran through all the vicissitudes of dominion, her course was finished. Her empire was dissolved, that the separated members of it might arise to run through similar revolutions.

The great act in March last upon the matter, constituted our country totally independent of little into remote times, we see that, from the Great Britain. For it was calculated to place in our hands the whole legislative, executive and judicial powers of government; and to enable us, the most effectual manner, by force of arms, to oppose, resist and war against the British crown. The act naturally looked forward to an accommodation of the unhappy differences between that power and America: In like manner every declaration of war between independent states, implies a future accommodation of their disputes. But, although by that act we were upon the matter made inde

pendent, yet there were no words in it specially declarative of that independency. Such a declaration was of right to be made only by the general congress; because the united voice and strength of America were necessary to give a desirable credit and prospect of stability to a declared state of total separation from Great Britain: And the general congress, as the only means left by which they had a chance to avert the ruin of America, have is sued a declaration, by which all political connection between you and the state of Great Britain totally dissolved.

is

Great Britain was a part of this mighty empire. But, being dissolved from it, in her turn she also extended her dominion:-arrived at, and passed her zenith. Three and thirty years numbered the

illustrious days of the Roman greatness-Eight years measure the duration of the British grandeur in meridian lustre! How few are the days of true glory! The extent of the Roman period is from their complete conquest of Italy, which gave them a place whereon to stand, that they might shake

the world, to the original cause of their declension, their introduction of Asiatic luxury. The British period is from the year 1758, when they victo riously pursued their enemies into every quarter of the globe, to the immediate cause of their decline -their injustice displayed by the stamp act.-In Carolinians! heretofore you were bound-by the short, like the Roman empire, Great Britain in her the American revolution you are now free. The constitution of government, contained a poison to change is most important-most honorable-most bring on her decay, and in each case, this poison

was drawn into a ruinous operation by the riches sword of the murderer at their breasts, the Ameand luxuries of the east. Thus, by natural causes ricans thought only of new petitions. It is well and common effects, the American states are be-known there was not then even an idea that the come dissolved from the British dominion.-And independence of America would be the work of is it to be wondered at, that Britain has experienced this generation: For people yet had a confidence the invariable fate of empire! We are not surprised in the integrity of the British monarch. At length when we see youth or age yield to the common subsequent edicts being also passed, to restrain lot of humanity-Nay, to repine that, in our day, the Americans from enjoying the bounty of ProviAmerica is dissolved from the British state, is in- dence on their own coast, and to cut off their piously to question the unerring wisdom of Provi- trade with each other and with foreign states-dence. The Almighty setteth up, and he casteth the royal sword yet BEEKING with American blood, down: He breaks the sceptre, and transfers the and the king still deaf to the prayers of the people dominion: He has made choice of the present gene- for "peace, liberty and safety;" it was even so late ration to erect the American empire. Thankful as as the latter end of the last year, before that conwe are, and ought to be, for an appointment of the fidence visibly declined; and it was generally seen kind, the most illustrious that ever was, let each that the quarrel was likely to force America into in lividual exert himself in this important opera-an immediate state of independence. But such tion directed by Jehovah himself.-From a short retrospec1, it is evident the work was not the present design of man.

an event was not expected, because it was thought the monarch, from motives of policy, if not from inclination, would heal our wounds, and thereby prevent the separation; but it was not wished for, because men were unwilling to break off old connections, and change the usual form of government.

Such were the sentiments of America until the

Never were a people more wrapped up in a king, than the Americans were in George the third in the year 1763. They revered and obeyed the British government, because it protected them-they fondly called Great Britain-home! But, from that time, the British counsels took a ruinous turn; arrival of the British act of parliament declaring eeasing to protect-they sought to ruin America. the Americans out of the royal protection, and dethe stamp act, declaratory law, and the duties upon nouncing a general war against them. But countea and other articles, at once proclaimed their in- sels too refined, generally produce contrary and justice, and announced to the Americans, that they unexpected events. So the whole system of Brihad but little room for hope; infinite space for tish policy respecting America, since the year 1763, fear.-IN VAIN THEY PETITIONED FOR REDRESS! calculated to surprise, deceive, or drive the peoAuthorised by the law of nature, they exerted the ple into slavery-urged them into independence: inherent powers of society, and resisted the edicts and this act of parliament, in particular, finally which told them that they had no property; and released America from Great Britain. Antecethat against their consent, and by men over whom dent to this, the British king, by his hostilities, they had no control, they were to be bound in had as far as he personally could, absolved Ameriall cases whatsoever.-Dreadful information!-Patience could not but resent them. However re- owed him; because the law of our land expressly ca from that faith, allegiance and subjection she gardless of such feelings, and resolved to endeavor declares, these are due only in return for his proto support those all grasping claims, early in the tection, allegiance being founded on the benefit of year 1774, the British tyranny made other edicts protection. But God knowing that we are in peril -to overturn American charters-to suspend by false brethren as well as by real enemies, out or destroy, at the pleasure of the crown, the value of his abundant mercy has caused us to be released of private property-to block up the port of Bos-from subjection, by yet a better title than the mere ton in terrorem to other American ports-to give oppressions of a man in the kingly office.-This murder the sanction of law-to establish the title is singular in its kind—It is the voluntary and Roman Catholic religion, and to make the king of joint act of the whole British legislature, on the Great Britain a despot in Canada; and as much so as he then chose to be in Massachusetts Bay. And genera! Gage was sent to Boston with a considerable force to usher these edicts into action, and the Americans into slavery.

twenty first day of December, 1775, releasing the faith, allegiance and subjection of America to the British crown, by solemnly declaring the former out of the protection of the latter; and thereby, agreeable to every principle of law, actually dissolving the Their petitions thus answered even with the original contract between king and people.

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