With joyful acclamations our ancestors, by act of Assembly, passed on the 18th day of August, 1721, RECOGNIZED the British monarch: The virtues of the second George are still revered among us-HE was the father of his people: And it was with ecstasy we saw his grandson, George the Third, mount the throne possessed of the hearts of his subjects.

ment of the house of Brunswick should operate | for I must observe to you that, in the year to the ruin of the people. So the excellent 1763, by such a proclamation, people were inRoman emperor, Trajan, delivered a sword to vited to settle in Canada, and were assured of Saburanus, his captain of the Prætorian guard, a legislative representation, the benefit of the with this admired sentence: "Receive this common law of England, and a free governsword, and use it to defend me if I govern well, ment. It is a misfortune to the public, that but against me, if I behave ill.” this is not the only instance of the inefficacy of a royal proclamation. However, having given you one instance of a failure of royal faith in the northern extremity of this abused continent, let it suffice, that I direct your attention to the southern extremity; respecting which, the same particulars were in the same manner promised, but the deceived inhabitants of St. Augustine are left by their grand jury, in vain But alas! almost with the commencement of to complain and lament to the world, and yet his reign, his subjects felt causes to complain of scarcely permitted to exercise even that privigovernment. The reign advanced-the griev- lege distinguishing the miserable, that royal ances became more numerous and intolerable-faith is not kept with them. the complaints more general and loud-the whole empire resounded with the cries of injured subjects! At length, grievances being unredressed and ever increasing; all patience being borne down; all hope destroyed; all confidence in royal government blasted!-Behold! the empire is rent from pole to pole!-perhaps to continue asunder for ever.

The catalogue of our oppressions, continental and local, is enormous. Of such oppressions, I will mention only some of the most weighty.

Under color of law, the king and parliament of Great Britain have made the most arbitrary attempts to enslave America:

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By claiming a right TO BIND THE COLONIES
IN ALL CASES WHATSOEVER;"

By laying duties, at their mere will and pleasure, upon all the colonies;

By suspending the legislature of New York; By rendering the American charters of no validity, having annulled the most material parts of the charter of the Massachusetts Bay;

By divesting multitudes of the colonists of their property, without legal accusation or trial;

By depriving whole colonies of the bounty of Providence on their own proper coasts, in order to coerce them by famine;

By restricting the trade and commerce of America;

By sending to, and continuing in America, in time of peace, an armed force, without and against the consent of the people;

By granting impunity to a soldiery instigated to murder the Americans;

The proceedings which I have enumerated, either immediately or in their evident consequences, deeply affected all the colonies: ruin stared them in the face. They united their counsels, and laid their just complaints before the throne, praying a redress of grievances. But, to their astonishment, their dutiful petition for peace and safety was answered only by an actual commencement of war and military destruction!

In the mean time, the British troops that had been peaceably received by the devoted inhabitants of Boston, as the troops of their sovereign, bound to protect them! fortified that town, to imprison the inhabitants, and to hold that capital against the people to whom it belonged! And the British rulers having determined to appeal from reason and justice, to violence and arms, a select body of those troops being in the night suddenly and privately marched from Boston-at Lexington, on the 19th day of April, 1775, they by surprise drew the sword of civil war, and plunged it into the breasts of the Americans! Against this horrid injustice the Almighty gave instant judgment: a handful of country militia, badly armed, suddenly collected, and unconnectedly and irregularly brought up to repel the attack, discomfited the regular bands of the tyranny; they retreated, and night saved them from total slaughter.

Thus forced to take up arms in our own defence, America yet again most dutifully petitioned the king, that he would be pleased "to direct some mode, by which the united applications of his faithful colonists to the throne, in presence of their common councils, might be improved into a happy and permanent reconciliation; and that in the mean time, measures might be taken for preventing the further destruction of the lives of his majesty's subjects." -But it was in vain!-The petition on the By establishing in Quebec the Roman Catho- part of millions, praying that the effusion of lic religion, and an arbitrary government, in-blood might be STAYED, was not thought worthy stead of the Protestant religion and a free government.

By declaring, that the people of Massachusetts Bay are liable for offences, or pretended offences, done in that colony, to be sent to, and tried for the same in ENGLAND, or in any COLONY WHERE they cannot have the benefit of a jury of the vicinage;

And thus America saw it demonstrated, that no faith ought to be put in a royal proclamation;

of an answer! The nefarious war continued. The ruins of Charlestown, Falmouth and Norfolk, towns not constructed for offence or defence, mark the humane progress of the royal

sentative 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.

arms: so the ruins of Carthage, Corinth and Numantium proclaimed to the world that justice was expelled the Roman senate! On the other hand, the fortitude with which America has endured these civil and military outrages; the union of her people, as astonishing as unprecedented, when we consider their various manners and religious tenets; their distance from each other; their various and clashing local interests; their self-denial; and their miraculous success in the prosecution of the war: I say, these things all demonstrate that the Lord of Hosts is on our side! So it is apparent that the Almighty Constructor of the universe, having formed this continent of ma-in Congress assembled, found themselves under terials to compose a state pre-eminent in the world, is now making use of the tyranny of the British rulers, as an instrument to fashion and arrange those materials for the end for which, in his wisdom, he had formed them.

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, 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 BrunsIn this enlightened age, humanity must be wick was called to rule over us. Oh! agonizing particularly shocked at a recital of such vio- reflection! that house ruled us with swords, fire fences; and it is scarce to be believed, that the and bayonets! The British government opeBritish tyranny could entertain an idea of pro-rated only to our destruction. Nature cried ceeding against America by a train of more aloud, self-preservation is the great law-we dishonorable machinations. But, nothing less have but obeyed. than absolute proof has convinced us that, in carrying on the conspiracy against the rights of humanity, the tyranny is capable of attempting to perpetrate whatever is infamous.

If I turn my thoughts to recollect in history, a change of government upon more cogent réasons, I say I know of no change upon principles so provoking-compelling-justifiable. And in these respects, even the famous revolůtion 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.

On the seventh of February, 1688, the Lords and Commons of England, in convention, com

For the little purpose of disarming the imprisoned inhabitants of Boston, the king's general, Gage, in the face of day, violated the public faith, by himself plighted; and in concert with other governors, and with John Stuart,* he made every attempt to instigate the savage nations to war upon the southern colonies, indiscriminately to massacre man, woman and child. The governors in general have demon-pleted the following resolution: strated, that truth is not in them; they have "Resolved, That King James the second, havenveigled negroes from, and have armed them ing endeavored to subvert the constitution of against their masters; they have armed brother the kingdom, by breaking the original contract against brother-son against father! Oh! Al- between king and people; and, by the advice mighty Director of the universe! what confi- of Jesuits and other wicked persons, having viodence can be put in a government ruling by lated the fundamental laws, and having withsuch engines, and upon such principles of un-drawn himself out of this kingdom; has abdinatural destruction!-a government that, upon the 21st day of December last, made a law, ex post facto, to justify what had been done, not only without law, but in its nature unjust!-a law to make prize of all vessels trading in, to, or from the united colonies a law to make slaves of the crews of such vessels, and to compel them to bear arms against their conscience, their fathers, their bleeding country! The world, so old as it is, heretofore had never heard of so atrocious a procedure: it has no parallel in the registers of tyranny. But to proceed

The king's judges in this country refused to administer justice; and the late governor, Lord William Campbell, acting as the king's repre

* A sketch of the career of Capt. Stuart is given by Dr. Ramsay, in the account of the contests with the Indians, which is embodied in his valuable history of South Carolina. Vol. i. p. 148.

cated the government, 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 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, immedi- ' ately 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 | of the Massachusetts Bay to be in effect annihitwelfth day of February, 1688, declared that James was guilty.

"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 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 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 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.

lated; 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 Gene ral 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 In the first place then, it is laid down in the England. For the same principle of law, touchbest law authorities, that protection and subjec-ing the premises, equally applies to the people tion 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'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 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 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 peo

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laws; a man perfectly disposed to defend them against arbitrary ministers, and to promote the happiness of that people from among whom he was elevated, and by whom, without the least difficulty, he may be removed and blended in the common mass.

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!

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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 parliaments, may vest the king of Great Britain with such a

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 anthority discouraged our attempt-limited dominion over us as may tend, bona ing 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, gunpowder, lead, woollens, cottons, linens, paper and salt.

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 proIvided for but by such a material alteration of Upon the whole, it has been the policy of the British acts of navigation as, according to the British authority to oblige us to supply our the resolve of the honorable the Continental wants at their market, which is the dearest in Congress, will "secure the commercial advanthe known world, and to cramp and confine tages of the whole empire to the mother counour trade so as to be subservient to their com- try, and the commercial benefits of its respecmerce, our real interest being ever out of the tive members." And that our liberties and question. On the other hand, the new consti- safety cannot be depended upon, if the king of tution is wisely adapted to enable us to trade Great Britain should be allowed to hold our with foreign nations, and thereby to supply our forts and cannon, or to have authority over a wants at the cheapest markets in the universe; single regiment in America, or a single ship of to extend our trade infinitely beyond what it war in our ports. For if he holds our forts, he has ever been known; to encourage manu-may turn them against us, as he did Boston factures 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

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 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 has 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