tions against the conciliatory bills of the British Parliament, and other important measures. On the return of the Continental Congress to Philadelphia, after the evacuation of that city by the British, Judge Drayton published another pamphlet against the royal commissioners, full of ridicule and power. This is supposed to be the last work that emanated from his pen in favor of the American colonies. From this period until his death, Mr. Drayton's congressional duties were laborious and constant. He died at Philadelphia on the third of September, 1779. Among the manuscripts left behind him, was a complete history of the American Revolution, brought down to the close of the year 1778. This was published, together with a memoir of its author, by John Drayton, LL. D., in 1821. THE CHARGE TO THE GRAND JURY. At a Court of General Sessions, holden at | Charleston, South Carolina, for the district of Charleston, on the twenty-third day of April, 1776, the following charge to the Grand Jury was delivered by Chief Justice William Henry Drayton :* GENTLEMEN OF THE GRAND JURY: When, by evil machinations tending to nothing less than absolute tyranny, trials by jury have been discontinued, and juries, in discharge of their duty, have assembled, and as soon as met, as silently and arbitrarily dismissed without being impanelled, whereby, in contempt of magna charta, justice has been delayed and denied; it cannot but afford to every good citizen, the most sincere satisfaction, once more to see juries, as they now are, legally impanelled, to the end, that the laws may be duly administered-I do most heartily congratulate you upon so important an event. In this court, where silence has but too long presided, with a direct purpose to loosen the bands of government, that this country might be involved in anarchy and confusion, you are now met to regulate your verdicts, under a new constitution of government, independent of royal authority. A constitution which arose according to the great law of nature and of nations, and which was established in the late Congress, on the 26th of March last-a day that will be ever memorable in this country-a month, markable in our history for having given birth to the original constitution of our government in the year 1669; for being the era of the American calamities by the stamp act, in the year 1765; for being the date of the repeal of that act in the following year; and for the conclusion of the famous siege of Boston, when the American arms compelled General Howe, a general of the first reputation in the British service, with the largest, best disciplined, and best provided army in that service, supported by a formidable fleet, so precipitately to abandon the most impregnable fortifications in America, as that he left behind him a great part of the bedding, military stores, and cannon of the army. And for so many important events, is the month of March remarkable in our annals. But I proceed to lay before you the principal causes leading to the late revolution of our government-the law upon the point-and the benefits resulting from that happy and necessary establishment. The importance of the transaction deserves such a state-the occasion demands, and our future welfare requires it. To do this may take up some little time; but the subject is of the highest moment, and worthy of your particular attention. I will therefore confine my discourse to that great point; and, after charging you to attend to the due observance of the jury law, and the patrol and negro acts, forbearing to mention the other common duties of a grand jury, I will expound to you THE CONSTITUTION OF YOUR COUNTRY. The house of Brunswick was yet scarcely re-settled in the British throne, to which it had been called by a free people, when, in the year 1719, our ancestors in this country, finding that the government of the lords proprietors opeThere were two other charges to the Grand Jury of rated to their ruin, exercised the rights transCharleston, delivered by Judge Drayton; one on the fif-mitted to them by their forefathers of England; teenth of October, 1776, and another on the twenty-first of October, 1777. General Charles Lee took exceptions to some assertions contained in the latter, which bore severely upon his conduct at the battle of Monmouth, and sent a challenge to Judge Drayton, which he refused to accept; giving as reasons for so doing, "that although custom had sanctioned duelling with the military, it had not done so with the judiciary, and that such a conduct in a Chief Justice of South Carolina, as he was, would, in the eyes of the world, appear as a public outrage on government, society, and common decency."-Drayton's Memoirs. and casting off the proprietary authority, called them-a house elevated to royal dominion, for upon the house of Brunswick to rule over no other purpose than to preserve to a people their unalienable rights. The king accepted the invitation, and thereby indisputably admitted the legality of that revolution. And in so doing, by his own act, he vested in those our forefathers, and us their posterity, a clear right to effect another revolution, if ever the govern | 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 to complain and lament to the world, and yet scarcely permitted to exercise even that privilege distinguishing the miserable, that royal 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. But alas! almost with the commencement of his reign, his subjects felt causes to complain of government. The reign advanced-the grievances 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: 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; 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; 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 part of millions, praying that the effusion of in-blood might be STAYED, was not thought worthy 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 By establishing in Quebec the Roman Catholic religion, and an arbitrary government, stead of the Protestant religion and a free government. And thus America saw it demonstrated, that no faith ought to be put in a royal proclamation; | 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 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, 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 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 reasons, I say I know of no change upon principles so provoking-compelling-justifiable. And in these respects, 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. 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, On the seventh of February, 1688, the Lords indiscriminately to massacre man, woman and and Commons of England, in convention, comchild. 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 gov ernment, 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 twelfth day of February, 1688, declared that James was guilty. 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. "By assuming, and exercising a power of dispensing with, and suspending of laws, and the execution of laws, without consent of Parliament: King James levied money without the con"By committing and prosecuting divers wor-sent of the representatives of the people called thy 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. 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. 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 James the Second suspended the operations America; and it is therefore undeniable, that of laws-George the Third caused the charter | he hath not afforded due protection to the peo 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. ple. 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 king de facto, or in possession of the executive powers dispensing protection. Again The third fact charged against James is, that he withdrew himself out of the kingdom; and we know that the people of this country have declared, that Lord William Campbell, the king of Great Britain's representative, "having used his utmost efforts to destroy the lives, liberties, and properties of the good people here, whom by the duty of his station he was bound to protect, withdrew himself out of the colony:" hence it will appear, that George the Third hath withdrawn himself out of this colony, provided it be established, that exactly the same natural consequence resulted from the withdrawing in each case respectively: king James personally out of England and king George out of Carolina, by the agency of his substitute and representative, Lord William Campbell. By king James's withdrawing, the executive magistrate was gone, thereby, in the eye of the law, the executive magistrate was dead, and of consequence royal government actually ceased in England: so by king George's representative's withdrawing, the executive magistrate was gone, the death, in law, became apparent, and of consequence royal government actually ceased in this colony. Lord William withdrew as the king's representative, carrying off the great seal and royal instructions to governors, 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 proceed ings 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 the similar injuries done by the last: and I am happy that I can give you the best authority upon this important point. 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 government was not abdicated, and the throne 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 result of the injuries proceeding from the three combined facts of mal-administration. And thus, as I have on the foot of the best authorities made it evident, that George the Third, king of Great Britain, has endeavored to subvert the constitution of this country, by breaking the original contract between king and people; by the advice of wicked persons, has violated the fundamental laws, and has withdrawn himself, by withdrawing the constitutional benefits of the kingly office, and his protection out of this country: from such a result of injuries, from such a conjuncture of circumstances the law of the land authorizes me to declare, and it is my duty boldly to declare the law, that George the Third, king of Great Britain, has abdicated the government, and that the throne is thereby vacant; that is, HE HAS NO AUTHORITY OVER US, and WE OWE NO OBEDIENCE TO HIM.-The British ministers already have presented a charge of mine to the notice of the lords and commons in Parliament; and I am nothing loth, that they take equal resentment against this charge. For, supported by the fundamental laws of the constitution, and engaged as I am in the cause of virtue, Í fear no consequences from their machinations. 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 Treating upon this great precedent in con- of them." Thus, the people have an opportustitutional law, the learned judge Blackstone nity of choosing a man intimately acquainted declares, that the result of the facts "amounted | with their true interests, their genius, and their |