USA > South Carolina > Documentary history of the American revolution: consisting of letters and papers relating to the contest for liberty, chiefly in South Carolina, from originals in the possession of the editor, and other sources, V.1 > Part 28
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Oppressed by such a variety of enormous injuries, continental and local, civil and military ; and by divers other arbitrary and illegal courses ; all done and perpetrated by the assent. command. or sufferance of the king of Great Britain; the representatives of South Carolina in Congress assembled, found themselves under an unavoidable necessity of establishing a form of Government, with powers legislative, execu- tive 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 baronets! The British Government 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 govern-
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ment upon more cogent reasons; I say, I know of no change upon principles su provoking-compelling-justifiable. And in these re- spects, even the famous Revolution in England, in the year 1655, is much inferior. However, we need no better authority than that illus- trious precedent ; and I will, therefore, compare the causes of, and the law upon the two events.
On the 7th of February. 1698, the Lords and Commons of England in Convention, completed the following resolution.
" Resolred, That King James the Second having endeavored to sub- vert the Constitution of the Kingdom. 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and people; and, by the advice of Jesuits and other wicked persons, having violated the fundamental laws; and having withdrawn himself out of this Kingdom, has abdicated the Govern- ment, and that the throne is thereby vacant."
That famous resolution, deprived James of his crown, and became the foundation on which the throne of the present king of Great Bri- tain is built -- it also supports the edifice of Government which we have erected.
In that resolve, there are but three facts stated to have been done by James. I will point them out, and examine, whether those facts will apply to the present King of Great Britain, with regard to the opera- tions of Government. by him or his representative, immediately or by consequence affecting this Colony.
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 second fact: and in support of these two charges, the Lords spiritual, and temporal, and commons. assembled at Westminster on the 12th day of February, 16x8. declared that James was guilty ;
" By assuming and exercising a power of dispensing with, and sus- pending of laws, and the execution of laws, without consent of Parlia- ment ;
" 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 levyiny 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
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time of peace, without consent of Parliament; and quartering soldiers contrary to law ;
" By causing several good subjects, being Protestants, to be disarmed. at the same time when Papists were both armed and employed contrary to law ;
" By violating the freedom of election of members to serve in Par- liament ;
" By prosecutions in the Court of King's Bench, for matters and causes cognizable only in Parliament ; and by divers other arbitrary and illegal courses."
This declaration, thus containing two points of criminality-breach of the original contract, and violation of fundamental laws-I ami to distinguish one from the other.
In the first place, then. it is laid down in the best law authorities. that protection and subjection are reciprocal ; and that these reciprocal duties form the original contract between king and people. It there- fore follows, that the original contract was broken by James's conduct as above stated, which amounted to a not affording due protection to his people. And, it is as clear, that he violated the fundamental laws, by the suspending of laws, and the execution of laws; by levying money ; by violating the freedom of election of members to serve in Parliament ; by keeping a standing army in time of peace; and by quartering sol- diers, contrary to law, and without consent of Parliament; which is as much as to say. that he did those things without consent of the Lezis- lative Assembly, chosen by the personal election of that people, over whom such doings were exercised.
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 vio- lences which have lighted up, and now feed the flames of civil war in America.
James the Second suspended the operation of laws. George the Third caused the charter of the Massachusetts Bay to be in effect an- nihilated ; he suspended the operation of the law which formed a Legis- lature in New York, vesting it with adequate powers ; and thereby. he caused the very ability of making laws in that Colony to be suspended.
King James levied money without the consent of the representatives of the people called upon to pay it. King George has levied money upon America, not only without, but expressly against the consent of the representatives of the people in America.
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King James violated the freedom of election of members to serve in Parliament. King George, by his representative Lord William Camp- bell, 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 was kept. King George hath in time of peace, invaded this Con- tinent with a large standing army without the consent, and he hath kept it within this Continent, expressly against the consent of the represen- tatives of the people, among whom that army is posted.
All which doings by King George the Third respecting America, are as much contrary to our interests and welfare, as much against law, and tend as much, at least, to subvert and extirpate the liberties of this Colony, and of America, as the similar proceedings by James the Second operated respecting the people of England. For the same 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 election. Upon this only principle 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 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 having declared them rebels, for resisting his arms levelled to destroy their lives, liberties and properties ; but George the Third, hath done all those things against America, and it is, therefore, undeniable, that he hath not afforded due protection to the people. Wherefore, if James the Second broke 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 guiltless- measures, carrying conflagration, massacre and open war amidst a
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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 he also king de facto, or in possession of the executive powers dispensing protection.
Again, 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 declared, that Lord William Campbell, the King of Great Britain's representative, "having used his utmost efforts to destroy the lives, liberties, and properties of the good people here, whom, by the duty of his station, he was bound to protect, withdrew himself out of the Colony." Hence it will appear, that George the Third hath with- drawn himself out of this Colony, provided it be established, that exactly the same natural consequence resulted from the withdrawing. in each case respectively. King James personally out of England, and King George out of Carolina, by the agency of his substitute and repre- sontative Lord William Campbell. By King James's withdrawing. the executive magistrate was gone, thereby, in the eye of the law. the executive magistrate was dead, and of consequence, royal government actually ceased in England. Sc, by King George's representatives 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 representative, carrying off the great seal and royal instructions to governors. and act- ing for and on the part of his principal, by every construction of low. 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.
These 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 naturally constitute the judgement iu law, upon the result of the similar injuries done by the last ; and I am happy that I can give you the best authority upon this important point.
Treating upon this great precedent in constitutional law, the learned Judge Blackstone declares, that the result of the facts "amounted to an abdication of the Government, which abdication did not affect only the person of the King himself, but also, all his heirs : and rendered the Throne absolutely and completely vacant." Thus it clearly appears, that the Government was not abdicated, and the Throne vacated by the
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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 inju- ries proceeding from the three combined facts of mal-administration. And thus, as I have on the foot of the best authorities made it evident. that George the Third. King of Great Britain, has endeavored to sub- vert the Constitution of this country, by breaking the original contract between King and People; by the advice of wicked persons has violated the fundamental laws. and has withdrawn himself by withdrawing the constitutional benefits of the Kingly office, and his protection out of this country. From such a result of injuries, from such a conjuncture of circumstances, the law of the land authorizes me to declare, and it is my duty boldly to declare the law, that George the Third, King of Great Britain, has abdicated the Government, and that the Throne is thereby vacant; that is, he has no authority over us, and we owe no obedience to him. The British Ministers, already have presented a charge of mine to the notice of the Lords and Commons in Parliament : and I am nothing loath 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 machinations.
Thus having stated the principal causes of our last 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 peo- ple 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, I am naturally led to point out to you, some of the great benefits resulting from that revolution.
In one word, then, you have a form of government in every respect preferable to the mode under the British authority ; and this will most clearly appear by contrasting the two forms of Government.
Under the British authority, Governors were sent over to us, who were utterly unacquainted with our local interests, the genius of the people, and our laws; generally, they were but two much disposed to obey the mandates of an arbitrary Minister; and if the Governor be- haved ill, we could not by any peaceable means procure redress. But, under our present happy Constitution. our executive Magistrate arises according to the spirit and letter of Holy Writ-" their Governors shall proceed from the midst of them." Thus, the people have an opportu- nity of chosing a man intimately acquainted with their true interests, their genius, and their laws; a man perfectly disposed to defend them against arbitrary Ministers; and to promote the happiness of that
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people from among whom he was elevated, and by whom, without the least dificulry, he may be removed and blended in the common mass.
Again, under the British authority, it was in effect declared, that we had no property ; nay. that we could not possess any, and that we had not any of the rights of humanity ; for men who knew us not. men who gained in proportion as we lost, arrogated to themselves a right, to bind us in 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 :
Again, the British authority declared, that we should not erect Slitting Mills; and, to this unjust law we implicitly and respectfully submitted so long, as with safety to our lives, we could yield obedience to such authority ; but a resolution of Congress now grants a premium to encourage the construction of such mills. The British authority dis- couraged our attempting to manufacture for our own consumption ; but, the new Constitution, by authorizing the disbursement of large sums of money by way of loan, or premium. encourages the making of iron, bar- steel, nail-rous, gun-locks, gun-barrels, sulphur, nitre, gunpowder, lead, woolens, cottons, linens, paper and salt.
Upon the whole, it has been the policy of the British authority, to oblige us to supply our wants at their market, which is the dearest in the known world; and to cramp and contine our trade so as to be sub- servient to their commerce, our real interest being ever out of the ques- tion. On the other hand, the new Constitution is wisely adapted to enable us to trade with foreign nations, and thereby, to supply our wants at the cheapest markets in the universe; to extend our trade infinitely beyond what it has ever been known; to encourage manufacturers among us; and it is peculiarly formed to promote the happiness of the people, from among whom, by virtue and merit, the poorest man may arrive at the highest dignity. Oh Carolinians ! happy would you be under this new Constitution, if you knew your happy State.
Possessed of a Constitution of Government, founded upon so generous, equal and natural a principle-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.
I might here with propriety quit this truly important subject, but my anxiety for the public weal, compels me yet to detain your attention.
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while I make an observation or two, upon one particular part of the Constitution.
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 : aud on the other, the Constitution. expressing thar some mode of Government should be established, "until an accommodation of the unhappy differences between Great Britain and America. van be obtained, an event which though traduced and treated as rebels. we still ardently desire :" I say when these two points are contrasted, can we avoid revering the magnanimity of that great Council of the State, who after such injuries, could entertain such a principle : But. the virtuous are ever generous; we do not wish revenge; we earnestly wish an accommodation of our unhappy disputes with Great Britain; for. we prefer peace to war. Nay, there may be even such an accommodation, as excluding every idea of revenue by taxation or duty, or of Leyisia- tion, by Act of Parliament, may vest the King of Great Britain with such a limited dominion over us, as may tend, bona fide, to promote our true commercial interests, and to secure our freedom and safety- the only just ends of any dominion. But, while I declare thus much on the one side, on the other, it is my duty also to declare. that in my opinion, our true commercial interests cannot be provided for, but by such a material alteration of the British Acts of Navigation, as, accord- ing to the resolve of the Honorable the Continental Congress, will " secure the commercial advantages of the whole Empire to the mother country, and the commercial benefits of its respective members." And, that our liberties and safety cannot 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 holds 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 Colony ; if he has a command of troops among us, even if we raise and pay them, shackles are fixed upon us ; witness Ireland and her national army. The most express Act of Par- liament cannot give us security, for Acts of Parliament are as cheaply repealed as made. Royal proclamations are not to be depended upon ; witness the disappointments of the inhabitants of Quebec and St. Au- gustine. Even a change of ministry will not avail us, because notwith- standing the rapid succession of ministers for which the British Cours has been famous during the present reign, yet the same ruinon- policy ever continued to prevail against America. In short I think it my duty
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to declare in the awful seat of Justice and before Almighty God, that in my opinion, the Americans can have no satety 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 ruinous and deadly injuries received on our side ; and the jealousies entertained, and which, in the nature of things, must daily increase against us on the other, demonstrate to a mind, in the least given to reflection upon the rise and fall of Empires, that true reconcilement never can exist between Great Britain and America-the latter being in subjection to the former. The Almighty created America to be independent of Britain; let us beware of the impiety of being backward to act as instruments in the Almighty hand. now extended to accomplish his purpose ; and by the completion of which alone, America, in the nature of human affairs. can be secure against the craft and insidious designs of her enendics 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.
THE PRESENTMENTS OF THE GRAND JURY.
[Printed Circular.]
SOUTH CAROLINA-CHARLESTOWN DISTRICT.
At a Court of General Sessions of the Peace, Oyer and Terminer, Assize and general Gaol Delivery, begun to be holden in and for the District of Charlestown, at Charlestown in the Colony aforessid. on Tuesday the 23rd day of April, in the year of our Lord one thousand seven hundred and seventy-six.
I. Fully sensible and thoroughly convinced, that to live in a saviety withont laws or a proper execution of them, to restrain the lonious nature of mankind, is the greatest misery that can befall a people, and must render any body of men in such a situation, bot little superior to
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a herd of brutes; and being no less sensible that it was the scheme of a corrupt nefarious administration in Great Britain, to reduce the good people of this Colony to that wretched situation, from a want of officers to execute the laws, those whom they had appointed having refused to act in their respective stations, that through the evil effects of anarchy and confusion, the people might become an easy prey to the cruel designs of their insidious enemies; while we lament the necessity which bas obliged the people to resume into their hands, those powers of government which were originally derived from themselves for the protection of those rights which God alone has given them, as essen- tial to their happiness; we cannot but express our most unfeigned joy in the happy Constitution of the Government now established in this Colony, which promises every blessing to its inhabitants, which a people endued with virtue, and a just regard to the rights of mankind could desire. With gratitude to the Divine Ruler of human events, and with the most pleasing expectations of happiness from a Constitu- tion so wise in its nature, and virtuous in its ends, being founded on the strictest principles of justice and humanity, and consistent with every privilege incident to the dignity of a rational being, we cannot but declare we think every opposition to its operations, or disregard to its authority, 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 armistice and cunning of their false and designing enemies, from a real sense of those benefits, which our present Constitution has so amply provided for ; benefits which are not confined or limited to any ranks or degrees of men in particular, but generally, equally and indiscriminately extending to all, from the richest to the poorest, and which time and a little patient experience must soon evince.
Every good citizen must be happy in the consideration of the choice of those officers, appointed in the administration of our present Govern- ment, as well in the impartial mode of an appointment arising from the people themselves, and the limited duration of their power, as in their personal characters as men, justly beloved and revered by their country, and whose merits and virtues entitle them to every pre- eminence.
Filled with these sentiments, arising from mature deliberation, and
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the most impartial inquiry, 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 accommodation with the power which attempts to destroy them may be highly worthy of attention, and upon principles truly honorable, of obtaining; yet we think it a sacred duty incumbent upon every citizen to maintain and defend with his life and 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.
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 diabolical acts of the British Parlia- ment, not only. declaring the good people of the United Colonies of North America rebels, for defending those invaluable rights, which no human power can lawfully divest them of, but making all murders, rapines, thefts, robberies, and other inhuman oppressions, 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 to the liberties of America and the opera- tions of the united Colonies amongst us in suffering them to reside here, and be admitted to intercourses dangerous to the peace and welfare of this Colony.
IV. We present that the public oaths directed by an act of the General Assembly, passed since the forming of our present Constitution, to be administered to those exercising public offices, trusts, and profes- sions, are not administered to such of the clergy as are included in the same.
V. We present that the times at which the several parochial commit- tees 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 debts, may know when to apply.
VI. We present as a great grievance, more particularly at this time, the want of due attention to the roads and ferries in this Colony; many
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of the roads not being sufficiently wide and worked upon agreeable to law, and the ferries in general not having boats suficient to forward passengers upon any emergent occasion.
VII. We present as a grievance the too frequent forestalling out of the wagons 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 submis- sion, 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.
VIII. We present the want of a propor person by law to oblige the sellers of blades and hay, to weigh the same at a public scale.
JONATHAN SCOTT, Foreman. [L.S.]
GEORGE COOKE, [I.s.]
THOMAS JONES, [L.s.]
JOHN LIGHTWOOD, [L.s.]
PETER LEGER,
PHILIP MEYER, [L.s.]
ISAAC MAZYCK, [.S.]
JOHN OWEN, [L.s.]
JOHN SMITH, [L.S.]
JOSEPH JENKINS. [T.s.]
JOSEPH COX, [.S.]
DANIEL LESESNE,
[L.S.]
LEWIS DUTARQUE, [L.S.]
JOHN SINGELTARY.
[L.S.]
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