commons of England, in convention, completed the following resolution. "Resolved that king James the second, having endeavored to subvert 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and people; and, by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of this kingdom; has abdicated the government, and that the throne is them against their masters; they have armed The king's judges in this country refused to administer justice; and the late governor, lord William Campbell, acting as the king's representative for him, and on his behalf, having endeavored to subvert the constitution of this country, by breaking the original contract between king and people, 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the people by force of arms; having violated the fundamental laws; having carried off the great seal, and having withdrawn himself out of this colony, he abdicated the government.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 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, 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 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 government upon more cogent reasons, I say I know of no change upon principles so provoking-compelling-justifiable. And in this respect, 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. That famous resolution deprived James of his crown; and became the foundation on which the throne of the present king of Great Britain 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 operations 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, 1688, declared that James was guilty. 66 "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 persecuting 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 On the 7th of February, 1688, the lords and members to serve in parliament : "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 am 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 therefore follows, that the original contract was broken by James' 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 soldiers 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. 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. 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. 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 was kept-king George hath in time of peace invaded this continent with a large standing army without the consent, and he hath kept it within this continent, expressly against the consent of the representatives 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 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 | ernment was not abdicated, and the throne king de facto, or in possession of the executive powers dispensing protection. Again 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 third fact charged against James is, that the result of the injuries proceeding from the he withdrew himself out of the kingdom-three combined facts of mal-administration. And we know that the people of this country And thus, as I have on the foot of the best have declared, that lord William Campbell, the authorities made it evident, that George the king of Great Britain's representative, “having third, king of Great Britain has endeavored to used his umost efforts to destroy the lives, subvert the constitution of this country, by liberties, and properties of the good people breaking the original contract between king here, whom by the duty of his station he was and people; by the advice of wicked persons, bound to protect, withdrew himself out of the has violated the fundamental laws, and has colony."-Hence it will appear that George the withdrawn himself, by withdrawing the constithird hath withdrawn himself out of this colony, tutional benefits of the kingly office, and his provided it be established that exactly the same protection out of this country: From such a natural consequence resulted from the with- result of injuries, from such a conjuncture of drawing in each case respectively: king James circumstances-the law of the land authorizes personally out of England, and king George me to declare, and it is my duty boldly to declare out of Carolina, by the agency of his substitute the law, that George the third, king of Great and representative, lord William Campbell. Britain, has abdicated the government, and By king James withdrawing, the executive that the throne is thereby vacant; that is, HE magistrate was gone, thereby, in the eye of the HAS NO AUTHORITY OVER US, and WE OWE law, the executive magistrate was dead, and of NO OBEDIENCE TO HIM—The British minisconsequence royal government actually ceased ters already have presented a charge of mine in England-So by king George's representa- to the notice of the lords and commons in partive's withdrawing, the executive magistrate liament; and I am nothing loth that they take was gone, the death, in law, became apparent, equal resentment against this charge. For, and of consequence royal government actually supported by the fundamental laws of the conceased in this colony. Lord William withdrew stitution, and engaged as I am in the cause as the king's representative, carrying off the of virtue-I fear no consequences from their great seal and royal instructions to governors, machinations. 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. 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 naturally constitute the judgment in law, upon the result of 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 gov 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 people 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 too much disposed to obey the mandates of an arbitrary ministry; and if the governor behaved 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- | a principle,—a government expressly calculated nity of choosing a man intimately acquainted to make the people rich, powerful, virtuous and with their true interests, their genius, and their happy, who can wish to change it, to return laws: a man perfectly disposed to defend them under a royal government; the vital princiagainst arbitrary ministers, and to promote the ples of which are the reverse in every particuhappiness of that people from among whom he lar! It was my duty to lay this happy constituwas elevated; and by whom, without the least tion before you, in its genuine light—it is your difficulty, he may be removed and blended in duty to understand-to instruct others—and to the common mass. defend it. 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 as 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 discouraged 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-rods, gun-locks, gun-barrels, sulphur, nitre, gun-powder, 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 confine our trade so as to be subservient to their commerce, our real interest being ever out of the question. 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 I might here with propriety quit this truly important subject, but my anxiety for the public weal compels me yet to detain your attention, 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, and on the other, the constitution, expressing that some mode of government should be established, "until an accommodation of the unhappy differences between Great Britain and America can 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 legislation 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, according 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 hold our forts, he may turn them against us, as he did Boston against her proprietors. If he THE PRESENTMENTS OF THE JURY. 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, 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 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 seventy-six. The presentments of the grand jury for the said district. shackles are fixed upon us--witness Ireland and her national army.-The most express act of parliament cannot give us security, for acts of parliament are as easily repealed as made. Royal proclamations are not to be depended upon, witness the disappointments of the inhabitants of Quebec and St. Augustine. Even a change of ministry will not avail us, because notwithstanding the rapid succession of ministers for which the British court had been famous during the present reign, yet the same ruinous policy ever continued to prevail against America. In short I think it my duty to declare in the awful seat of justice 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 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 enemies who think her prosper-lished in this colony, which promises every ity 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! I. Fully sensible and thoroughly convinced, that to live in society without laws or a proper execution of them, to restrain the licentious nature of mankind. is the greatest misery that can befal a people, and must render any body of men, in such a situation, but little superior to 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 has 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 essential to their happiness, we cannot but express our most unfeigned joy in the happy constitution of government now estab 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 constitution 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 |