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 9
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28
That Mr. Drayton not only without doors but in the face of the House, has declared that this House is no Branch of the Legislature, grounding his extraordinary assertion on this extraordinary reason, because his Majesty hath not, hitherto, been pleased to give any answer to the address of this House, dated 11th September. 1773, or to a peti- tion presented to him at the desire of the Commons House of Assembly by Charles Garth, Esq., Agent for this Province, complaining of the conduct of some of the Members of this House for acts done in their Legislative capacity, although your Committee are well assured that his Majesty's Ministers have informed Mr. Garth that he would not be permitted to be heard upon such parts of the said petition as tended to call in question the Legislative authority of this House, and although
75
THE AMERICAN REVOLUTION.
Mr. Drayton about eleven months ago, was very instrumental in procur- ing a Resolution of the House, that the said petition was absurd, false, unparlimentary and unconstitutional, and was a scandalous libel upon the Upper House of Assembly of this Province, tending to destroy the ancient Constitution of this government, and that the said Mr. Garth by presenting the said petition had been guilty of a breach of the priv- ileges of this House and had done what in him lay, to overthrow one of the branches of the Legislature of this colony, and betrayed the trust reposed in him by the General Assembly.
That Mr. Drayton in the face of the House* avowed himself to be the author of a pamphlet published here, entitled "A Letter from Freeman of South Carolina to the Deputies of North America assembled in the High Court of Congress at Philadelphia," which pamphlet your Committee have annexed to their Report, and recommend, that it be laid before the Lieutenant-Governor and submitted to his Honor's con- sideration, whether the author thereof is a proper person to be longer continued a Member of his Majesty's Council in this Province.
Your Committee are persuaded from the knowledge they have of his Honor, the Lieutenant-Governor's tender regard for the privileges of this House, that he does not expect the House should lay before him any of those breaches of privileges mentioned in the address as they are subjects of which the House alone is competent to judge.
Nor can your Committee recommend to the House to lay before his Honor, unless he should more particularly desire it, any other facts which induced the House to charge Mr. Drayton with endeavoring to unhinge the Government and subvert the Constitution, because they are facts of so serious and important a nature, that your Committee are of opinion, any discussion or examination of them except in a formal judicial manner, would be very improper, and that it is the less neces- sary, because they are facts of such public notoriety that your Committee apprehend they cannot be unknown to any intelligent person in Charles Town.
PROTEST.
In the Upper House of Assembly, last Wednesday, the twenty-second of February, upon the question whether the House agreed to the re- port of the Committee. to whom was referred the answer of his Honor,
* This was done after the motion for the address, and therefore cannot be/one ct the facts upon which the address was grounded.
76
DOCUMENTARY HISTORY OF
the Lieutenant-Governor, to the address of that House, dated the eleventh instant, desiring the suspension of the Honorable William Henry Drayton, Esq., from being a member of Council, the following protest was made dissentient :
Because, without particularizing the many objections to which the report, in our opinion, is justly liable, it being unparliamentary in al- most every line, confining ourselves to state only two objections, we deem these to be of such a nature as even with them alone to justify our disagreeing with the report. In the fourth section, there is a cul- pableness stated to be in the assertion "that this House is no branch of the Legislature," because " his Majesty hath not hitherto been pleased to give any answer to the address of this House, dated eleventh of September, 1773." Now, as we know this address did most respect- fully and earnestly complain to his Majesty of what this House deemed a most dangerous adjudication, that this House was no Upper House of Assembly and branch of the Legislature, and a most dangerous viola- tion of their privilege, by the discharge of a person committed by their warrant for a contempt; so we cannot see any impropriety in the asser- tion grounded upon such a reason ; for we naturally conclude, his Ma- jesty's silence is out of tenderness to this House, unwilling to refuse tutidem verbis, what he does not think proper to grant ; thereby plainly indicating his royal sense of the address, in effect tacitly telling us Le Roi s'arisera ; the mild mode in which a British Sovereign refuses these Parliamentary applications, which in his royal wisdom he deems improper. For, had his Majesty, counselled by his learned Judges, thought this House an Upper House of Assembly and a branch of the Legislature ; we assure ourselves, a Sovereign, as he is, of a " Resolu- tion to withstand every attempt to weaken the supreme authority of this legislature," meaning of Great Britain (a sentiment expressed in the King's late speech in Parliament), would in the course of sixteen months, not only have displayed his design " to withstand every attempt to weaken the legal authority of this legislature " equally the object of his Royal care ; but would have taken such Constitutional measures, as might have tended to preserve to this House, their just rights ; and to secure them from being exposed to a repetition, of that breach of their privilege, of which they did most humbly complain; and against which they did most earnestly desire his Majesty's support.
2. Because, we are so far from thinking, the author of the " Letter from Freeman of South Carolina to the Deputies of North America," ought to be deemed unworthy of being continued a Member of this House; that on the contrary, we are most firmly of opinion, his dismis-
17
THE AMERICAN REVOLUTION.
sion must be considered as a most arbitrary proceeding-a violation of the constitutional rights of the people ; and that a seat in this House, upon a tenure of so arbitrary a nature, cannot be worthy the attention of an independent American.
JOHN DRAYTON. WILLIAM HENRY DRAYTON. BARNARD ELLIOTT.
MR. DRAYTON TO THE SECRETARY OF STATE, INCLOSING THE PA- PERS RELATIVE TO HIS SUSPENSION FROM THE COUNCIL
[MBS. of W. H. Drayton.]
To the Secretary of State :
MY LORD,-It is with equal confidence of the rectitude of my con- duct, as it is with the most profound respect, that I beg leave to request your Lordship's attention; nothing disheartened to do so by the cause which brings me into your presence ; unfavorably as, at the first impres- sion, it may naturally induce your Lordship to look upon me. The having been suspended from my seat in Council, without doubt gives your Lordship an idea that my conduct has been criminal; and that it is a mark of my being considered as unworthy of serving the King and my country even in a station of no profit and much trouble. It is to endeavor to prevent your being confirmed in this idea my Lord, that I now do myself the honor of addressing your Lordship upon a subject, which, otherwise I should not have agitated beyond the Atlantic.
My Lord, the address for my suspension, was the contrivance of ouly three Crown Officers in a Council in which I was the only Carolinian ; the address was the deliberation but of five minutes. The other Crown Officers acceded to the subsequent Report, and it was in vain, that all the Carolinians opposed a rash measure, which cannot but be fatal to the credit, and, in all probability, to the claim of the Council as a branch of the Legislature. Your Lordship will see that the facts upon which the complaint is founded, and which in my representation to the Governor I have compressed into four articles, respect only my speech, conduct, and proceedings charged as in the Upper House of Assembly.
But my Lord because my protests are said to be " captions and frivo- lous, misstaring the arguments used by the Members ;" because I am said to have an "ill will" to a particular member, and to throw out
-------
DOCUMENTARY HISTORY OF
invectives against him entirely out of the course of order; because I do not think the Council are a branch of our Legislature; because in the House I avowed that I am the author of Freeman's letter ; I say my Lord because these things are charged, are they to be considered as undoubted facts; and. unheard, am I to be held guilty ! and is it because of either of these four grounds of accusation, or even because of them collectively, that my suspension is to be confirmed ? I say my Lord. it does not require any extraordinary degree of comprehension to under- stand. that a confirmation of muy suspension amounts to an express adju- dication by the Crown, that the Council are not a branch of our Legisla- ture. For I trust, your Lordship has too much discernment not to see even at a first glance, that the facts upon which the charge is founded. are of such a nature, that if the Council are a branch of our legislature, by privilege of Assembly, these facts must be exempted from the inqui- sition of the Crown.
I must observe to your Lordship, that the "ill-will " mentioned in the Report, is as from me to the Chief Justice; this, at any rate, is a mere private affair. and demonstrates that good sense was but little concerned in the formation of this stale accusation. But, my Lord, may I not ask, is not the Chief Justice's ill-will to me, much more con- spicuous than mine (if it is true that I have any) has been against him ? Need I mention his foiled attempt to thrust me from the Bench, by a Remonstrance to the Governor against me as the author of Freeman's letter ; and this too, my Lord, at a time when he knew that Mr. Gregory was actually appointed to fill my seat, and would arrive here in two months; did not so much impatience to get rid of me mark some ani- inosity and ill-will? Need I mention the present address composed and moved for by him to drive me from the Council board? In truth my Lord, wherever I am seated as his equal, my presence gives him pain. Upon the Beach, in cases merely meum et tuum juries found upon my direction in point of law in contradiction to his and his brethren. In Council I daily detected his ignorance in the law of Parliament. As a proof of this, I only beg leave to refer your Lordship to the address and report, which, as a Parliamentary machine, he constructed to effect iny removal; but he has constructed it of such materials, that if the Council are an Upper House of Assembly, these materials must be en- titled to privilege, and therefore incapable of effecting his purpose. Besides my Lord. does it mark his abilities, even as a common Attorney, to state muy protests as criminal, without ascertaining the passages that are exceptionable; or to arraign me for having thrown out "illiberal charges and invectives," without stating the words and time when
.
79
THE AMERICAN REVOLUTION
xpoken. Did he not know that general charges are always sufficiently answered by general denials? But was it even possible, my Lord, that I could enter into a justification of words, sentiments, and invectives not specified and set forth ! Pardon so many questions, my Lord, but is it not a publie grievance ; even but to see so superficial a gentleman in the important station of Chief Justice ! But, independently of these evident marks of inability, what will be said to his violating the law, in order to carry a party point ? I beseech your Lordship to attend to that part of my representation to the Governor, which I calculated expressly for your Lordship's notice. Can any thing be more glaring than the Chief Justice's contrasted conduct relative to Sir Egerton Leigh and myself ? In one of those cases, the Chief Justice must have violated the law of the land, and have trampled upon the rights of the subject. How long, my Lord, is such a Judge to have an opportunity of repeating so crimi- nal a conduct ! If in so momentous an affair, a Judge demonstrates that he does not regard even his own recent adjudication ; is it not reasonable to conclude, that the same man, in cases of property will adjudge a point of law under the influence of private friendship. hatred, or pecuniary consideration ? But with regard to that last accusation declaring my purpose " to subvert the Constitution, and unhinge gor- ernment," that is, to overthrow a door, and then to unhinge it; the facts of which accusation, they say, are of so important and serious a nature, " that any discussion or examination of them, except in a formal judicial manner would be very improper," especially " because they cannot be unknown to any intelligent person in Charles Town." Inde- pendently of this substantial reason for not divulging what was already, as they say, notorious; is it possible, my Lord, that already we see the time, when Officers under the British Crown dare to accuse an Ameri- can in such sort, as to incapacitate him from forming a defence? They accuse me of a purpose to unhinge Government, and they call for a cer- tain punishment upon me. The Governor in the most particular man- ner, called upon them to state some of the facts upon which they founded their complaint; they reply, that "unless he should more particularly desire it," they ought not to lay before hitu the most " serious and im- portant." Had the English Judges in Canada, my Lord, formed such an accusation, and demanded that the party should upon such concealed evidence be deemed guilty, and punished accordingly ; such a proceed- ing might have been justitied perhaps by the practice in France; but is it possible, my Lord, that in this country so far distant as it is from Canada, and under so excellent a Prince as our most gracious Sovereign, and in your Lordship's administration, two Judges, Mr. trordou and Mr.
80
DOCUMENTARY HISTORY OF
Gregory, shall with impunity accuse an English subject upon principles which regulate accusations even in the Courts of the Holy Inquisition. where the "serious and important " facts upon which the charge is founded are concealed from the accused ! Are Judges in America to be encouraged to accuse and to arraign an English subject upon, and to call for his punishment unless he can defend himself against an accusa- tion founded upon concealed facts and evidence ! If I understand your Lordship's character aright, this conduct in a part of the British terri- tory under your peculiar care. cannot pass with impunity.
However, my Lord, facts that are " so serious and important," and that " cannot be unknown to any intelligent person in Charles Town," will undoubtedly be laid before your Lordship by the Governor; and of whatever nature these may be, I have a confidence, that your Lordship will not condemn me unheard. In the mean time, I will candidly acquaint your Lordship, that I have a seat in our Provincial Congress, where I assisted in approving the proceedings of the late General Con- gress, and in contriving ways and means to carry them into execution, in order to restore harmony between Great Britain and the Colonies. But, my Lord, if thus to join one's country in a Constitutional Assem- bly, of which there can now be no doubt, as his Majesty has received the Petition from the late General Congress; I say, my Lord, if this is to work a disqualification to serve the State as a Counsellor ; it is to exclude from the Council almost every man of consequence among us ; and that your Lordship should not be deceived on that head, [ most humbly present your Lordship with a printed list of our Congress, not doubting but that your conduct will be justly uniform.
Upon the whole, my Lord, as the Governor is my uncle, my respect and attachment to him is superior to any inclination in me of wishing to have a chance of triumphing over the Chief Justice in this case, by pressing any argument against a confirmation of the suspension. I am content that in my person, the Governor has given so distinguished a proof, that his merits are infinitely beyond his rewards from administra- tion ; and that no family consideration can make him swerve even from what might only be thought to be his duty to the King. All the Crown Officers in Council accused me of a purpose to unhinge government- they produce some evidence as they think-they tell him the most " serious and important ought not to be mentioned but in a judicial manner "-the times are critical-the Governor could not but suspend, lest he should be thought wanting in his daty to the Crown.
This my humble address to your Lordship, an address from an accused and an injured American to a great Minister-as Secretary of State, and
81
THE AMERICAN REVOLUTION.
first Lord Commissioner for Trade and Plantations -- is calculated to shew. that I am not a Criminal subject, and that there is no fact adduced to prove that I am unworthy of serving the State under the Royal Manda- mas. To do this, is but to discharge a duty I owe to myself. But, my Lord, I am very far from pressing one argument against a confirmation of my suspension; I feel myself incapable of wishing to obtrude myself into the Royal service. As your Lordship is now fully possessed of the whole subject, I do not mean to lay any other representation before the Right Honorable the Lords Commissioners. For, confiding in my not having done any thing unbecoming an American, I rest my seat in Council upon a tenure I think secure --- the good sense and spontaneous justice of your Lordship, in discerning, and in laying a just state of the case before their Lordships, and in making a proper report to his Diajesty.
Resolved to be perfectly ingenuous with your Lordship, I cannot but inform you of two particulars of my conduct subsequent to my suspen- sion. One, that I have laid a Memorial upou that subject before the Assembly, asking this question, whether a Council, in which, in my person, there is full proof, that no freedom of debate and no privilege in legislative affairs are allowed, can be looked upon as a branch of our legislature ? The other particular is, that lest the public should have any idea that my suspension flowed from any unworthy conduct in me. I have addressed myself to the Freeholders of the Colony; and while I laid before them the proceedings relative to my suspension, I, at the same time, gave them an historical outline of the Council from the first set- tlement of the Province, and as many arguments, and as much law, as might tend to shew that the Council are not a branch of our legis- lature.
I have the honor to enclose this performance to your Lordship, and I doubt not, but that it will throw such lights upon the question, as your Lordship, being engaged in meditating upon more important affairs. it could not be expected they, of themselves, would have attracted your attention ; especially, too, as the history is local and but little known even here; and the law upon the point must be adapted to the nature of the subject, of inferior consequence amid the great affairs under the attentive inspection of your Lordship.
If I have treated the subject of this letter, with that freedom which naturally attends common sense, independently. et mens sili conerin recti; I also have aimed at addressing myself with all due respect to your Lordship; for, my Lord, no man can be more sensible than myself
6
DOCUMENTARY HISTORY OF
of the vast space between your Lordship's station in life, and that occu- pied by the person, who with the most profound respect has the honor to subscribe himself,
My Lord, Your Lordship's most obedient, and most humble servant, WILLIAM HENRY DRAYTON CHARLES TOWN, South Carolina, March 15, 1775.
-
BY THE LIEUTENANT-GOVERNOR.
[On his Majesty's service.] CHARLESTON, March Ist, 1775. To the Honorable William Henry Drayton, Esq.
SIR :-- By virtue of the power, with which his Majesty has been pleased to entrust me, I do hereby suspend you from being a member of his Majesty's Council for this Province, until his Majesty's pleasure shall be known thereupon. And I shall take the earliest opportunity of transmitting to the Lords Commissioners for Trade and Plantations, the Address and papers relative thereto; in order that they may be laid before his Majesty, for his royal consideration.
I am, Sir, Your most obe. humb. servt.
WILLIAM BULL.
COPIES OF THE LETTER OF ADVICE, RESPECTING THE BATTLE OF LEXINGTON, AND OF THE DIFFERENT COMMUNICATIONS, FROM COMMITTEE TO COMMITTEE.
[From the Original Papers.]
WALLINGFORD, Monday morning, April 24, 1775.
DEAR SIR :- Col. Wadsworth was over in this place most of yester- day, and has ordered twenty men out of each company in his regi- ment-some of which have already set off, and others yo this morning. He brings accounts, which come to him authenticated, from Thursday
* See Journals of the Commons-House of Assembly of South Carolina, for 1775, page 66.
THE AMERICAN REVOLUTION.
in the afternoon. The King's troops being reinforced a second time, and joined, as I suppose, from what I can learn, by the party who were intercepted by Colonel Gardner, were then encamped on Winter Hill, and were surrounded by twenty thousand of our men, who were entrenching. Colonel Gardner's ambush proved fatal to Lord Percy and another general officer, who were killed on the spot at the first fire. To counterbalance this good news, the story is that our first man in command (who he was I know not) is also killed. It seems, they have lost many men on both sides. Colonel Wadsworth had the ar- counts in a letter from Hartford. The country beyond here are all gone off and we expect it will be impossible to procure horses for our waggons; as they have or will, in every place employ themselves all their horses. In this place, they send a horse for every sixth man, and are pressing them for that purpose. I know of no way, but you must immediately send a couple of stout able horses, who may overtake us at Hartford possibly ; where, we must return MI. Noy's and Meloy's, . if he holds out so far. Remember, the horses must be had at any rate. I am in the greatest haste, your entire friend and bumble servant, JAMES LOCKWOOD.
N. B. Col. Gardner took nine prisoners, and twelve clubbed their firelocks, and came over to our party. Colonel Gardner's party, consis- ted of seven hundred, and the regulars eighteen hundred, instead of twelve hundred. as we heard before. They have sent a vessel up Mystick River as far as Temple's Farm. which is about half a mile from Winter Hill. These accounts being true all the King's forces, except four or five hundred, must be encamped on Winter Hill. At the instance of the gentlemen of Fairfield. just departed from hence, this is copied verbatim from the original, to be forwarded to that town.
ISAAC BEARS.
New Haven, April 24, half-past 9 o'clock, forenoon. PIERPONT EDWARDS
Fairfield, April 24, 3 o'clock, afternoon. A true copy, as received per Express.
THAD. BURR, AND'W. ROWLAND, ELIJAH ABEL.
8 1
DOCUMENTARY HISTORY OF
Nawalk, April 24, 7 o'clock, afternoon. A true copy, as received per Express.
JOHN HAIT. jr., DAVID WEBB, SAM'L. HUTTON, DAN'L. GRAY, JONA. WARNING.
Greenwich, April 25, 3 o'clock, morning. The above is forwarded to the Committee of Correspondence, at New York.
AMOS MEAD.
A true copy, received in New York, 2 o'clock, P. M., Tuesday, April 25, 1775. *
A true copy, received at Eliz- Town, 7 o'clock in the evening; Tues- day, April 25, 1775.
JONA. HAMPTON, Chairman of the Committee. GEO. ROSS, JOHN BLANCHARD.
A true copy, received at Woodbridge, 10 of the clock, in the evening, Tuesday, April 25, 1775.
NATHANIEL HEARD, SAMUEL PARKER, JONATHAN CLAWSON, Three of a Conomittee.
The above received at New Brunswick, the 25th April, 1775, 12 o'clock at night.
WM. OAKE, JAS. NEILSON, AZ. DUNHAM, Committee.
* No signature appears here for New York, and it is accounted for in this manner. Mr. Lockwood's letter, and all the signatures after it down to Baltimore are written in one hand writing on a sheet of paper; hence it is probable, the papers with the ori- ginil subscribers, were withhollen at Baltimore, and were copied there on that sheet of paper; in doing which, they omitted inserting the subscribers at New York. From Baltimore, inclusive, the subscribers' names to the papers are in their own band writing.
-
THE AMERICAN REVOLUTION.
A true copy. Received at Princetown, April 26, 1775, half-past 3 o'clock, in the morning.
THOMAS WIGGIN, JONA. BALDWIN. Members of Committee.
The above received at Trenton, on Wednesday morning, about half after 6 o'clock, and forwarded at 7 o'clock.
SAM'L. TUCKER, ISAAC SMITH, AB'M. HUNT, Three of the Committee
Philadelphia, 12 o'clock, Wednesday, received, and forwarded at the same time by
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.