against only four acts of assembly-the patrol | because, the law holds, that the party cannot and negro laws--the law against counterfeiting the certificates issued by the late houses of assembly, or the currency issued by the congress of the continent or of this country and the law to prevent sedition, and to punish insurgents and disturbers of the public peace. The two first laws are calculated to keep our domestics in a proper behavior. The two last were expressly formed as two pillars to support our new constitution; and therefore, these last are your most important objects.—I shall fully explain them. The act against counterfeiting extends to all persons who counterfeit, raze or alter, or utter, or offer in payment, knowing the same to be counterfeited, razed or altered, any certificate or bill of credit, under the authority of the late commons house of assembly, or the congresses of this country, or of the continent. The law to prevent sedition guards against those actions as, in such a crisis as this, might reasonably be expected to operate against our present honorable and happy establishment. And the variety and importance of those actions, make it necessary for me to particularize them to you. This salutary act touches all persons taking up arms against the authority of the present government; or who by violence, words, deeds or writing, cause or attempt to cause, induce, or persuade any other person to do so. In like manner, all persons who give intelligence to, or hold correspondence with, or aid or abet any land or naval force sent by Great Britain, or any other force or body of men within this state with hostile intent against it. So those who compel, induce, persuade or attempt to do so, any white person, Indian, free negro, or slave, to join any force under authority derived from Great Britain. And so all persons who collect, or procure them to be assembled, with intent in a riotous and seditious manner, to disturb the public peace and tranquility; and by words, or otherwise, create and raise traitorous seditions or discontents, in the minds of the people against the public authority. Thus having stated to you such criminal injuries against an individual, or the state, as may be most likely to come within your notice, it is a natural consequence, that I describe the person by law held capable of committing such injuries. In the first place, the party must be of sound memory at the time of committing the offence, and it is the leading principle in every case. If the party is under seven years of age, no evidence can possibly be admitted to criminate; discern between good and evil. But if the accused is above seven and under fourteen, he is liable to be criminated, if at the time of his committing the injury, his understanding was so ripe as to occasion him to shew a consciousness of guilt, the rule being malitia supplet ætatem. And if the party is of the age of fourteen, which is the age of discretion, the law prima facie considers him capable of committing offences as a person of full age. Also a lunatic for crimes perpetrated in a lucid interval. Also a man for crimes done in a state of drunkenness voluntarily contracted; and so far is this artificial insanity from excusing, that it tends to aggravate the offence. All those particulars relating to the person, habitation and property of an individual; those respecting the safety, peace and tranquility of state; and these describing the perpetrator of criminal injuries, are so many proper heads for your diligent enquiry: And such offenders and offences being within your knowledge, you must make due presentment of them. You are to hear evidence only on the part of an information to you of an offence: for an indictment by you is only in the nature of a solemn and public accusation, which is afterwards to be tried and determined by others: You are only to examine, whether there be sufficient cause to call upon the party to answer. Twelve of you, at least must agree in opinion, that the accused ought to undergo a public trial-so twelve other jurors are to declare him innocent or guilty.—Happy institutions ! whereby no man can be declared a criminal, but by the concurring voices of at least four and twenty men, collected in the vicinage by blind chance, upon their oaths to do justice; and against whom, even the party himself has no exception! Thus, gentlemen of the grand jury, with the best intentions for the public service, however executed, having declared to you, that you are not bound under, but freed from the dominion of the British crown, I thought myself necessarily obliged, and I have endeavored to demonstrate to you, that the rise and fall of empires are natural events that the independence of America was not, at the commencement of the late civil war, or even at the conclusion of the last year, the aim of the Americans-that their subjection to the British crown, being released by the action of British oppression, the stroke of the British sword, and the tenor of a British act of parliament, their natural rise to empire was conducted by the hand of God!that the same strong hand, by proceedings equally unexpected, wonderful and rapid as in THE PRESENTMENTS OF THE JURY. our case, conducted the English revolution of PEACE, OYER AND TERMINER, ASSIZES AND 1688-that the revolutions in England and At a court of GENERAL SESSIONS OF THE Scotland at that period, and in America now, giving a new epocha to the history of the world, were founded in the same immediate cause; a failure of protection-that those revolutions concurred in one grand evidence of the feelings of nature on such a subject—that every species of mal-administration in a king GENERAL GAOL DELIVERY, begun to be held at Charleston, for the district of Charleston, on Tuesday, October 15th, in the year of our Lord one thousand seven hundred and seventy-six. district. is to be traced to a failure of protection, which Presentments of the grand jury for the said is the only instrument working his abdication -that the object for which we contend, is just in its nature and of inestimable value-that the American revolution may be supported with the fairest prospect of success by arms— and that it may be powerfully aided by a grand jury. Gentlemen, I do most cordially congratulate you, placed as you are in a station, honorable to yourselves, and beneficial to your country. Guardians of the innocent, you are appointed to send the robber, the murderer, the incendiary and the traitor to trial. Your diligence in inquiring for such offenders, is the source of your own honor, and a means of your country's safety, and although no such offenders be found, your laudable search will yet tend to curb a propensity to robbery, murder, sedition and treason. See, gentlemen, what great advantages may result from your vigilant and patriotic conduct! Your ears ought to be shut to the petitions of friendship, and to the calls of consanguinity-but they ought to be expanded to receive the complaints of your injured country, and the demands of impartial justice. Brutus inflicted upon his sons the ultimum supplicium for conspiring to re-establish the regal government in Rome. And, if a similar occasion should arise in America, which God forbid, I trust a Brutus will not be wanting! Let those, if there are any such, who treacherously or pusillanimously hanker after a return of regal government, remember such things and tremble. Let us ever remember, rejoice and teach our children, that the American empire is composed of states that are, and of right ought to be, free and independent; "that they are absolved from all allegiance to the British crown; and that all political connection between them and the state of Great Britain, IS AND OUGHT TO BE TOTALLY DISSOLVED. I. It is with most cordial satisfaction we embrace this opportunity of offering our congratulations on the late declaration of the continental congress, constituting the united colonies of North America independent states; an event, however once dreaded as repugnant to those hopes of peace and friendship with the British state, which was then ardently entertained, yet which every American must now most joyfully embrace, as the only happy means of salvation and security, and the surest prevention to the treacherous and cruel designs of a wicked and detestable enemy. II. As the kind and beneficent hand of a wise and bounteous Providence has so ordered and disposed of human events that, from calamities which were dreaded as the most miserable and destructive to America, benefits, the most advantageous, honorable and desirable have arisen to her, which now gives a very joyful prospect to liberty and happiness-we think our grateful sense of such peculiar care and protection cannot be manifested in a way more acceptable and proper than in a strict regard to the duties which mankind owe to their God. III. We present the growing evil of many churches established by law falling to decay, and some remaining without ministers to perform divine service, in divers parishes in this district, by which means the spirit of religion will decline, and become prejudicial to the manners of the peoele. IV. We present and recommend a proper militia law to be made, in such manner as to compel impartially and equally all degrees of persons liable to do the duty therein required, so as to enable the good people of this state (who are now become principally the guardians thereof) to repel any domestic or foreign enemy as far as possible. V. We present and recommend, that care may always be had, that none but gentlemen of weight and influence, and good example be prevailed on to qualify and act in the commis sion of peace, by whose influence licentiousness, | ORDERED, That the political part of his honor, sedition and profligacy may be suppressed, and good order maintained. VI. We present and recommend, that some office may be created in this district, whereby executions and sales by the sheriff may be recorded, so that, on the death or removal of the sheriff, recourse may be had to such records by those concerned. VII. We present and recommend, that Jews and others may be restrained from allowing their negroes to sell goods in shops, as such a practice may induce other negroes to steal and barter with them. VIII. We present the ill practice of Jews opening their shops and selling of goods on Sunday, to the profanation of the Lord's Day. IX. We present the barrack master Philip Will, for seizing of firewood on the wharves, under pretence of the public, when he applies the same to his own use, to the distressing of the inhabitants. By information of Mr. Patrick Hinds, one of the grand jurors. X. We present the want of more constables in this district, we being informed that there are only four in this town. XI. We return our thanks to his honor, the chief justice, for his excellent charge delivered at the opening of the sessions, and desire that the charge and these presentments be forthwith printed and published. JUDGE DRAYTON. [L. S.] | | the chief justice's charge to the grand jury, together with their presentments be forthwith printed and published. By the court, JOHN COLCOCK, C. C. S. THE POLITICAL PART OF THE CHARGE. Gentlemen of the grand jury.-Being but just returned from the house of God, we are, I trust, sanctified to enter upon the most important civil duties, and possessed of the favor of Heaven, to aid us in our endeavors faithfully to discharge our respective functions. At present, it is your part attentively to listen to me-it is mine to discourse of those points immediately relative to your duty in this court, and of such things as may enable you, when you shall return into your vicinage, in a more enlarged manner to support the laws and freedom of your country. The occasion of our meeting demands the first-the present crisis of public affairs requires the last, and I flatter myself your time will neither be disagreeably nor unprofitably occupied. Let me therefore begin with laying before you some considerations aimed to support the freedom of your country; such are ever uppermost in my thoughts. Do you seriously think of the great work in which you, in conjunction with the rest of America, are engaged? You ought to do so without ceasing, and to act with a corresponding vigor. For, beyond all comparison, the work is the most stupendous, august, and beneficial of any extant in history. It is to establish an asylum against despotism of an entire world to form an empire, composed of states linked together by consanguinity, professing the same religion, using the same language and customs, and venerating the same principles of liberty. A compounded political cement, which, in the formation of the grand empires upon record, no political architects but ourselves ever possessed—a cement prepared to our hand by the Great Constructor of the universe; and for the best of purposes. Formed to enjoy," among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle At a court of GENERAL SESSIONS OF THE us," by an unexpected and unprovoked declaraPEACE, OYER AND TERMINER, ASSIZE AND tion of the king and parliament of Britain, that GENERAL GAOL DELIVERY, begun and the inhabitants of America, having no property holden at Charleston, for the district of nor right, were by them to be bound in all Charleston, the 21st of October, 1777, cases whatsoever-by their sending a military before the honorable WILLIAM HENRY force to compel us to submit to that declaraDRAYTON, esq. chief justice, and his asso- |tion by their actual seizure of our propertyciates, justices of the said court. by their lighting conflagrations in our land— perpetrating rape and massacre upon our peo- | himself to be surprised and made a prisoner, ple, and finally releasing us from our allegiance, by announcing to us, on the twenty-first day of December, 1775, that we were by themselves placed out of their protection,-America has been compelled to step into that station which, I trust, we are willing, and which, I am convinced, with the blessing of God, we are able to maintain. My dear countrymen, turn your attention to the transactions of the last twelve months, and be convinced, that our cause is the peculiar care of Heaven. | (Dec. 13,) at a distance from his troops. Washington, in the abyss of distress, seemed to be abandoned by his officer next in command-by the Americans themselves, who seemed appalled at the rapid progress of the enemy. Rape and massacre, ruin and devastation indiscriminately overwhelmed whigs and tories, and marked the advance of the British forces. The enemy being but a day's march from Philadelphia, the quakers of that city, by a public instrument, dated the 20th of December, declared their attachment to the English domination-a general defection was feared— the congress removed to Baltimore-American liberty evidently appeared as in the last convulsive agony ! Washington was now at the head but of about 2,500 men; their time of service was to expire in a few days, nor was there any prospect that they could be induced to stay longer. This, such as it was, appeared the only force that could be opposed to the British, which seemed to halt only to give time to the American vigor to dissolve of itself, and display us to the world as an inconstant people, noisy, void of public virtue and even shame. But, it was in this extremity of affairs, when no human resource appeared in their favor, that the Almighty chose to manifest his powers to shew the Americans that he had not forsaken them; and to convince the states that it was by him alone they were to be maintained in their independence, if they deserved to possess it. Human policy at best is but short-sighted; nor is it to be wondered at, that the original formation of the continental army was upon an erroneous principle. The people of America are a people of property; almost every man is a freeholder. Their supreme rulers thought such men, living at ease in their farms, would not become soldiers under long enlistments; nor, as all that was then aimed at was a redress of grievances, did they think there would be occasion for their military services, but for a few months. Hence the continental army was formed upon short enlistments-a policy that unexpectedly dragged America back to the door of slavery. As the times of enlistments expired the last year, the American army decreased in power, till it possessed scarce any thing but its appellation. And Washington, a name which needs no title to adorn it, a freeman above all praise, having evacuated Long Island and New York, to a far superior force, having repeatedly baffled the enemy at the White Plains, who, quitting that scene of action, suddenly took fort Washington (Nov. 16) and bending their course to Philadelphia, he, with but a handful of men, boldlying aside the generalissimo, assumed the parthrew himself in their front, and opposed their progress. With a chosen body of veterans, who had no near prospect of discharge, it is a difficult operation to make an orderly, leisurely and effectual retreat before a superior enemy; but with Washington's little army, not exceed ing four thousand men, raw troops, who had but a few weeks to serve, to make such a retreat, for eighty miles, and through a populous country, without being joined by a single | neighbor, a most discouraging circumstance, nothing in the whole science of war could be more difficult; yet it was most completely per formed. Washington caused the Delaware to bound the enemy's advance. He summoned general Lee with the corps under his command to join him. That veteran, disobeying his repeated orders, for which I presume rigid inquisition is yet to be made, loitering when he should have bounded forward-he allowed Like Henry the fourth, of France, one of the greatest men who ever lived, Washington, lay tisan. He had but a choice of difficulties. He was even in a more desperate situation than that in which the king of Prussia was before the battle of Torgau; when there was no step which rashness dictated, but prudence advised him to attempt. The enemy were now in full possession of the Jerseys. A principal body of them were posted at Trenton on the Delaware: Washington occupied the opposite banks. His army, our only apparent hope, now somewhat short of 2,500 men, was to be disbanded in a very few days: he resolved to lead it to battle before that fatal period; and at least afford it an opportunity of separating with honor. He prepared to attack the enemy at the dawn of day, on the 26th of December. The weather was severe. The ice in the river prevented the passage of a part even of his small force. But with those (1,500 men) that he transported across the river through a vio sul, he defeated Asdrubal, who, had he with his force joined his brother, had made him in all probability an over match for the Romans. Thus equal geniuses prove their equality, by wisely adapting their conduct to their circumstances. lent storm of snow and hail, he marched against | trembled at his steps, and joining the other conthe enemy. The unavoidable difficulties in passing the river, delayed his arrival at their advanced posts till eight in the morning. The conflict was short. About thirty of the British troops were killed; 600 fled, 909 officers and privates surrendered themselves prisoners, with six pieces of brass artillery and four pair of colors. This brilliant success was obtained at a very small price-only two officers, and one or two privates wounded. In a word, the victory in effect re-established the American affairs. The consent of the victors to continue six weeks longer under their leader-and the elevation of the spirits of the people were its immediate consequences-most important acquisitions at that crisis. The enemy, roused from their inactivity, and with a view of allowing Washington as little time as possible to reap other advantages, they in a hurry collected in force, and marched against him. He was posted at Trenton. On the second of January the front appeared in the afternoon-they halted with design to make an attack in the morning; and in the mean time, à cannonade was begun and continued by both parties till dark. Sanpick creek, which runs through Trenton, parted the two armies. Our forces occupied the south bank, and at night fires were lighted on both sides. At twelve, Washington having renewed his fires, and leaving guards on the passages over the creek, and about 500 men to amuse the enemy, with the remainder of his army, about one in the morning, he marched to Princetown to cut off a reinforcement that was advancing. He arrived at his destination by sunrise, and dislodged them: they left upwards of 100 men dead on the spot, and near 300 more as prisoners to the victors. It was by such a decisive conduct that the king of Prussia avoided being overwhelmed by a combined attack upon his camp at Lignitz, on the morning of the 15th of August, 1760, by three armies, led by Daun, Loudohn and Czernichew, who were advancing against him from different quarters. In the night the king | marched, and in the morning, by the time Daun arrived at his empty camp, he had defeated Loudohn in his advance. So the Roman consul, C. Claudius Nero, dreading the junction of Hannibal and his brother Asdrubal, who was in full march to him with a powerful reinforcement, left his camp before Hannibal with such an appearance as to persuade him he was present, and with the nerves and sinews of his army privately quitting it, he rapidly marched, almost the whole length of Italy, while Rome The action at Trenton was as the making of the flood. From that period success rolled in upon us, with a spring tide. That victory gave us an army-the affair of Princetown procured us a force, and the re-possession of all the Jerseys but Brunswick and Amboy. For the enemy, astonished at Washington's vivacity, dreaded the loss of those posts in which they had deposited their stores, and ran back to hide themselves behind the works they had thrown up around them. Washington pursued, and by the fifth of January those forces which, but a few days before, were in full possession of the Jerseys he had closely confined to the environs of Brunswick and Amboy. In this situation both armies continued until the 13th of June last, when general Howe made an attempt to proceed to Philadelphia; but being baffled, he suddenly abandoned Brunswick (June 22) and in a day or two after Amboy, and retired to Staten island. In the mean time general Burgoyne was advancing from Canada against Ticonderoga. He appeared before the place on the 28th of June-a day glorious to this country—and gen. St. Clair, who commanded in that important post, without waiting till the enemy had completed their works, or given an assault, to sustain which, without doubt, he had been sent there, suddenly abandoned the fortress and its stores to the enemy, (July 6th.) The public have loudly condemned this evacuation; and the congress have ordered strict enquiry to be made into the causes of it. Gen. Burgoyne having thus easily possessed himself of Ticonderoga, immediately began to measure the distance to New-York. But being destitute of horses for his dragoons, wagons for the conveyance of his baggage, and in urgent want of provisions, he halted near Saratoga, to give time for the operation of the proclamation he had issued (June 23) to assure the inhabitants of security, and to induce them to continue at home with their effects. But regardless of public engagements (August 9th) he suddenly detached lieutenant col. Baum, with 1,500 men and private instructions to strip the people of their horses, wagons and provisions; and give" stretch "to his Indians to scalp those whom he had exhorted to "remain quietly at their houses." |