current money, to be sued for, and recovered by bill or plaint in any court of record in this colony, wherein no essoign, privilege, protection or wager of law, or more than one imparlance, shall be allowed. Honorable gentlemen of the legislative council- that though the season of the year rendered your sitting very inconvenient, your private concerns, And be it further enacted by the authority afore- which must have suffered greatly by your long said, That the monies arising from the sale of all and close application, in the late congress, to the such estates as shall become forfeited, by virtue of affairs of the colony, requiring your presence in this act, shall be appropriated for a fund, and shall the county, yet continuing to prefer the public become a reprisal fund, for reimbursing all such weal to ease and retirement, you have been busily losses and damages which have been, or shall be engaged in framing such laws as our peculiar cirsustained by any person or persons who have been, cumstances rendered absolutely necessary to be are, or shall be, engaged in opposition to the op. passed before your adjournment. Having given pressive measures of the British ministry, or the my assent to them, I presume you are now desirous defence of the present established constitution, and of a recess. the liberties of this colony. On my part, a most solemn oath has been taken And be it further enacted by the authority afore. for the faithful discharge of my duty; on yours, s said, That no person or persons shall be reimbursed, solemn assurance has been given to support me by virtue of this act, for any losses or damages therein. Thus, a public compact between us sustained from persons acting in open hostility stands recorded. You may rest assured that I shall against the present constitution of government, keep this oath ever in mind-the constitution shall and the liberties of this colony, unless the said be the invariable rule of my conduct-my ears shall reimbursement be, on application, and oath made be always open to the complaints of the injured, of the damages actually sustained, deemed just justice, in mercy, shall neither be denied, or delayand reasonable by the general assembly of this ed-Our laws and religion, and the liberties of colony, or such other body or persons as the legisla. America, shalt be maintained and defended, to the tive body of this colony shall appoint: Provided utmost of my power. I repose the most perfect always, nevertheless, That such person or persons, confidence in your engagement. to whom such reimbursement shall be thought reaAnd now, gentlemen, let me intreat that you sonable, do first, before the receipt thereof, take will, in your several parishes and districts, use and subscribe the oath of fidelity, ordained in the your influence and authority to keep peace and present constitution, if such person or persons had good order, and procure strict observance of, and ready obedience to the law. If any persons there. not before taken and subscribed the same. And be it further enacted by the authority afore. in are still strangers to the nature and merits of said, That the fines and penalties to be incurred, the dispute between Great Britain and the colonies, by virtue of this act, shall, upon recovery thereof, you will explain it to them fully, and teach them, be paid into the colony treasury, to be applied to, and for such uses and purposes as are herein men. tioned. G. G. POWELL, speaker of the Legislative council. JAMES PARSONS, speaker of the if they are so unfortunate as not to know their inherent rights. Prove to them, that the privileges of being tried by a jury of the vicinage, acquainted with the parties and witnesses; of being taxed only with their own consent, given by their representatives, freely chosen by, and sharing the burthen equally with themselves, not for the aggrandizing a rapacious minister, and his dependent favorites, and for corrupting the people, and subverting their In general assembly, South Carolina, April 11, 1776. liberties, but for such wise and salutary purposes, Ordered, That the speech this day delivered to as they themselves approve; and of having their both houses, by his excellency the president and internal polity regulated, only by laws consented commander in chief of this colony, be forthwith to by competent judges of what is best adapted to printed and made public, as well in the newspapers their situation and circumstances, equally bound as otherwise. By order of the house, J. RUTLEDGE. PETER TIMOTHY, clerk G. A. too by those laws, are inestimable, and derived from that constitution, which is the birth-right of the poorest man, and the best inheritance of the most wealthy. pires, and trusting that his Almighty arm, which has been so signally stretched out for our defence, will deliver them in a righteous cause. Relate to them the various, unjust may, by the permission of Heaven, lay waste our and cruel statutes, which the British parliament, towns, and ravage our country, it can never claiming a right to make laws for binding the eradicate from the breasts of freemen, those prin colonies in all cases whatsoever, have enacted; and ciples which are ingrafted in their very nature.the many sanguinary measures which have been, Such men will do their duty, neither knowing, nor and are daily pursued and threatened, to wrest regarding consequences; but submitting them, from them those invaluable benefits, and to enforce with humble confidence, to the omniscient and such an unlimited and destructive claim. To the omnipotent arbiter and director of the fate of emmost illiterate it must appear, that no power on earth can, of right, deprive them of the hardly earned fruits of their honest industry, toil and labor-even to them, the impious attempt to preThe eyes of Europe, nay of the whole world, are vent many thousands from using the means of on America. The eyes of every other colony are subsistence provided for man by the bounty of his on this; a colony, whose reputation for generosity Creator, and to compel them, by famine, to sur and magnanimity, is universally acknowledged. į render their rights, will seem to call for Divine trust, therefore, it will not be diminished by our vengeance. The endeavors, by deceit and bribery, future conduct, that there will be no civil discord to engage barbarous nations to embrue their hands here; and that the only strife amongst brethren in the innocent blood of helpless women and child-will be, who shall do most to serve and to save an ren; and the attempts by fair but false promises, oppressed and injured country. to make ignorant domestics subservient to the most wicked purposes, are acts at which humanity must revolt. Shew your constituents, then, the indispensable necessity which there was for establishing some April 11, 1776. JOHN RUTLEDGE. To his excellency John Rutledge, esq. president and commander in chief in and over the colony of South Carolina. mode of government in this colony; the benefits The address of the législative council and general assembly. May it please your excellency— We, the legislative council and general assembly of South Carolina, convened under the authority of the equitable constitution of government estaĎlished by a free people in congress, on the 26th ult. beg leave, most respectfully, to address your excel of that, which a full and free représentation has Nothing is better known to your excellency than the unavoidable necessity which induced us, að members of congress, on the part of the people, to resume the powers of government, and to establish some mode for regulating the internal polity of this colony; and, as members of the legislative oouncil and general assembly, to vest you, for a Truth, being known, will prevail over artifice time limited, with the executive authority. Such and misrepresentation-In such case no man, who constitutional proceedings, on our part, we make is worthy of life, liberty, or property, will, or can, no doubt will be misconstrued into acts of the refuse to join with you, in defending them to the greatest criminality by that despotism, which, lost last extrmity, disdaining every sordid view, and to all sense of justice and humanity, has already the mean paltry considerations of private interest pretended that we are in actual rebellion. But, and present émolument, when placed in competisir, when we reffect upon the unprovoked, cruel, tion with the liberties of millions; and seeing that and accumulated oppressions under which Ame there is no alternative but absolute, unconditional rica, in general, and this colony in particular, has submission, and the most abject slavery, or a de-long continued; oppressions which, gradually infence becoming men born to freedom, he will not creasing in injustice and violence, are now, by the hesitate about the choice. Although superior forc cinexorable tyranny perpetrated against the united Colonies, under the various forms of robbery, con- Whereas, the honorable the continental congress flagrations, massacre, breach of public faith, and hath resolved, "that, in the present situation of open war; conscious of our natural and unalienable affairs, it will be very dangerous to the liberties rights, and determined to make every effort in our and welfare of America, if any colony should power to retain them, we see your excellency's separately petition the king or either house of elevation from the midst of us, to govern this parliament." And whereas no step should be left country, as the natural consequence of such out-unessayed to promote the general welfare: and rages. whereas the sending commissioners from Great Britain to treat with the different colonies, is dangerous to the stability of the liberties of Ame rica: Therefore By the suffrages of a free people you, sir, have been chosen to hold the reins of government, an event as honorable to yourself as beneficial to the public. We firmly trust that you will make the Resolved, That it is the opinion of this house, constitution the great rule of your conduct; and, that no measures should be left unessayed to in the most solemn manner, we do assure your establish the liberties of America, and to place excellency that, in the discharge of your duties, them as far as may be, out of the reach of fraudulent under that constitution which looks forward to an schemes to subvert them by negociation; and that accommodation with Great Britain (an event which, this colony should not enter into any treaty or corthough traduced and treated as rebels, we still respondence with the court of Great Britain, or earnestly desire,) we will support you with our lives with any person or persons under that authority, and fortunes. but through the medium of the continental congress. In the legislative council, the 3d day of April, 1776. GEORGE GABRIEL POWELL, Speaker. In the general assembly, the 3d day of April, 1776. By order of the house, JAMES PARSONS, speaker. Resolved also, That it is the opinion of this house, that if any person or persons sent from Great Britain to treat with the several colonies, shall arrive in this colony by water, such person or persons, and their retinue or company, should not, upon any pretence, be allowed to land, or to Mremain in the colony longer than forty-eight hours, wind and weather permitting; or while so remain His excellency's answer. Honorable gentlemen of the legislative council, Speaker, and gentlemen of the general aɛsembly. My most cordial thanks are due, and I requesting, to hold any communication with any person in that you will accept them, for this solemn engage ment of support, in discharging the duty of the honorable station to which, by your favor, I have been elected. this colony, but through his excellency the presi dent; and if any such persons shall arrive by land, they should be forthwith escorted out of the colony, and not permitted to hold conference with any per Be persuaded, that no man would embrace a son not for that purpose authorized by the presi. just and equitable accommodation with Great Brident, and that for the mere purpose of accommoda tion. New Jersey. In Provincial congress. tain more gladly than myself; but, until so desirable an object can be obtained, the defence of my country, and preservation of that constitution which, from a perfect knowledge of the rights, and a laudable regard to the happiness of the peo- the proclamation of William Franklin, esq. late ple, you have so wisely framed, shall engross my whole attention. To this country I owe all that is dear and valua. ble, and would, with the greatest pleasure, sacri fice every temporal felicity to establish and perpetuate her freedom. J. RUTLEDGE. In general assembly, April 6, 1776. Ordered, That the following resolutions be forth with printed and made public. By order of the house, PETER TIMOTHY, clerk G. A. Burlington, June 14, 1776. Resolved, That, in the opinion of this congress, governor of New Jersey, bearing date the thirtieth day of May last, in the name of the king of Great Britain, appointing a meeting of the general assembly, to be held on the twentieth of this instant, June, ought not to be obeyed. Resolved, That, in the opinion of this congress, the said William Franklin, esq. by such, his declaration, has acted in direct contempt and violation of the resolve of the continental congress of the 15th day of May last. Resolved, That, in the opinion of this congress, all payments of money on account of salary or disunite their efforts by land, which are of necessity otherwise, to the said William Franklin, esq. as liable to interruption from the enemy's fleet by governor, ought from henceforth to cease; and that sea. It is scarce worth while to add, that this the treasurer or treasurers of this province, shall account for the monies in their hands to this congress, or to the future legislature of this colony. By order of the congress, SAMUEL TUCKER, president. WILLIAM PATTERSON, secretary. An address to the inhabitants of New Jersey. province, by its vicinity, would then be exposed to the cruel depredations of the enemy, who, hap. pily, hitherto have been able to do us little or no mischief but by theft and rapine. It would seem to carry unjust suspicion of you to say any more on our own private interest, as we hope every honest man is chiefly concerned for, and will strain every nerve in support of, the common cause of the united colonies. The We cannot help putting you in mind how signally This province has been requested by the continental congress to send, without delay, from their Almighty God has prospered us hitherto, and militia, three thousand three hundred men to New. crowned our virtuous efforts with success. York, in consequence of authentic information that expulsion of the enemy from Boston, where they the grand attack of our common enemy this sumfirst took possession, and began their oppressive mer, which will probably prove the decisive cain. measures, was an event as disgraceful to them, as paign, is to be upon that city; and that their force it was advantageous to the public cause, and honorable to that brave and resolute army by may be expected there in a few days.-Your representatives in this congress have, with all the which it was accomplished. It will certainly be no small encouragement to those who shall now despatch in their power, and with the utmost unaproceed to the place of danger, that they shall nimity, prepared an ordinance for raising the num join with many of the same soldiers, who have ber called for, as equally from the different parts of the province as possible. They have determined gained immortal honor by their past conduct, as to raise the men by voluntary enlistment in the well as serve under that wise and able leader, several counties, in full confidence that, in this whose prudence, firmness and attention to his great war, they will be raised most speedily, as well as charge, have procured him the most unlimited consist of persons of the greatest spirit and alacrity confidence, both of those who direct the public for the important service. Filled with the same counsels, and of those who are in arms under his zeal for the defence of their country, they apply to you by this short address-and, in the most We must not forget the activity and success of earnest and affectionate manner, entreat you not the inhabitants of the southern colonies. They run to sully the reputation acquired on all former oc- to arms in thousands the moment they heard of an casions; but to give a new proof to the public of attack, both in Virginia and North Carolina. God your courage and intrepidity, as men, of your was pleased, in both cases, to reward their alacrity, unalterable attachment to the liberties of America, for they obtained a complete victory over their and the sincerity of your unanimous resolutions enemies with so little loss of blood, as was not from the beginning of this contest. Were there barely wonderful, but scarcely credible. At the time to draw up a long discourse in this hour of battle of Moor-Creek Bridge, there were but few danger, the arguments that might be used are men killed, and at Norfolk Great-Bridge we did innumerable; and as some of them are of the most not lose a single life. urgent, so (blessed be God) others are of the most encouraging and animating kind. command. Time does not permit us to enlarge on the past events of this war, in which the kindness of Providence is so clearly to be seen. We therefore only The danger is not only certain, but immediate and imminent. It does not admit of a moment's further observe, that, by the preparations in Bridelay, for our unjust and implacable enemy is at tain for this campaign, and by all the intelligence hand. The place where the attack is expected received from Europe, it is plain that not honor is of the last importance; not only a city of great and advantage only, but absolute necessity requires extent, the interest of whose numerous inhabitants us to exert our utmost efforts, for our all is at must be exceedingly dear to us, but situated intake. Every one now is obliged to confess what the middle of the colonies, and where the success many saw long ago, that entire and unconditional of the enemy would separate the provinces, and submission is the point to which our enemies are this choice is free, and the representation equal, it is the people's fault if they are not happy: we there fore instruct you to devise some means to obtain an equal representation of the people of this co determined to bring us, if in their power; so that nothing remains for us but either the abject slavery of tributary states, or to maintain our rights and liberties by force of arms, and hand down the fair inheritance to our posterity, by a brave and deter-lony in the legislature:-but care should be taken mined defence. We desire and expect, that, in such a situation of things, all particular difference of small moment, arising from whatever cause, whether religiqus denominations, rivalship of different classes of men, scarcity of some articles of commerce, or any other, may be entirely laid aside. The present danger requires the most perfect union. Let every enemy perceive, that the representatives of the colonies, as soon as they determine upon any measure, are able to bring out the whole strength of this vast country to carry it into execution. that the assembly be not unwieldy; for this would be an approach to the evil meant to be cured by always despatch business with the greatest expedirepresentation. The largest bodies of men do not tion, nor conduct it in the wisest manner. It is essential to liberty, that the legislative, judicial, and executive powers of government be, as nearly as possible, independent of, and separate from each other; for where they are united in the same persons, or number of persons, there would be wanting that mutual check which is the princi pal security against the making of arbitrary laws, and a wanton exercise of power in the execution That you may be under no apprehension either of them. It is also of the highest importance, that of inequality in the burden, or that our own coasts every person in a judiciary department employ the will be left unguarded by the destination of this greatest part of his time and attention in the duties brigade, we have thought it best to inform you, of his office; we therefore further instruct you, to that the continental congress have amply provided procure the enacting such law or laws, as shall for the defence of this province, and have made make it incompatible for the same person to hold such arrangement of the continental army for the a seat in the legislative and executive departments ensuing campaign, as lays an equal burden on the of government, at one and the same time: that shall inhabitants of the different colonies; in particular, render the judges, in every judicatory through the that a flying camp of ten thousand men is now colony, dependent, not on the uncertain tenure of forming for the protestion of the middle colonies, caprice or pleasure, but on an unimpeachable which, we are credibly informed, is to have its deportment in the important duties of their station, chief station in this province. We add no more, for their continuance in office; and to prevent the but that we trust and hope, that, while every multiplicity of offices in the same person, that such province is making the most spirited efforts, New Jersey in its place and duty will be second to none. Signed in name, and by appointment of congress, at Burlington, June 15, 1776. SAMUEL TUCKEN, president. WM. PATTERSON, secretary. salaries be settled upon them as will place them above the necessity of stooping to any indirect or collateral means for subsistence. We wish to avoid a profusion of the public monies on the one hand, and the danger of sacrificing our liberties to a spirit of parsimony on the other. Not doubt. ing of your zeal and abilities in the common cause of our country, we leave your discretion to prompt such exertions, in promoting any military opera tions, as the exigencies of our public affairs may require: and in the same confidence of your fervor and attachment to the public weal, we readily submit all other matters of public moment, that may require your consideration, to your own wis dom and discretion. Extract from the instructions to the representatives of the town of Boston, 1776. Gentlemen-Touching the internal police of this colony, it is essentially necessary, in order to preserve harmony among ourselves, that the constituent body be satisfied that they are fairly and fully represented. The right to legislate is originally due to every member of the community; which right is always exercised in the infancy of a state: but, when the inhabitants are become numerous, it is not only inconvenient, but impracticable, for all to meet in one assembly; and hence arose the necessity and practice of legislat ing by a few, freely chosen by the many. When sentatives, calling upon the several towns in this At a legal meeting of the inhabitants of the town of Malden, [Mass.] May 27, 1776, it was voted un- To Mr. Ezra Sargeant. |