May 18, 1776
When the Continental Congress resolved to recommend new governments in each of the colonies, they were well aware that some colonies were already at work on this point, including South Carolina. The new constitution for South Carolina, approved on March 26, was printed in Philadelphia the same week as the Congress’s resolution. It included a lengthy preamble describing British tyranny, which had reduced the colonists “from the rank of Freemen to a state of the most abject Slavery.” South Carolina’s representatives made clear that, “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 earnestly desire) some mode should be established by common consent, and for the good of the people, the origin and end of all government, for regulating the internal policy of this colony.”
In his Pennsylvania Ledger, James Humphreys, Jr. could not fit the full text of the constitution, so he printed through the seventh of thirty-four articles and indicated “(To be continued.)”
The Pennsylvania Ledger: Or the Virginia, Maryland, Pennsylvania, & New-Jersey Weekly Advertiser
Printed by James Humphreys, Jr.
SOUTH-CAROLINA.
In CONGRESS, March 26.
WHEREAS the British Parliament, claiming of late years a right to bind the North-American Colonies by law, in all cases whatsoever, have enacted statutes for raising a revenue in those colonies, and disposing of such revenue as they thought proper, without the consent, and against the will of the colonists. And whereas, it appearing to them, that (they not being represented in Parliament) such claim was altogether unconstitutional, and, if admitted, would at once reduce them from the rank of Freemen to a state of the most abject Slavery; the said colonies, therefore, severally remonstrated against the passing, and petitioned for the repeal of those acts—but in vain. And whereas the said claim being persisted in, other unconstitutional and oppressive statutes have been since enacted, by which the powers of the Admiralty Courts in the colonies are extended beyond their ancient limits, and jurisdiction is given to such Courts in cases similar to those which in Great-Britain are triable by jury—Persons are liable to be sent to, and tried in Great-Britain, for an offence created and made capital by one of those statutes, though committed in the colonies—the harbour of Boston was blocked up—people indicted for murder in the Massachusetts-Bay, may, at the will of the Governor, be sent for trial to any other colony, or even to Great-Britain—the chartered constitution of government in that colony is materially altered—the English laws and a free government, to which the inhabitants of Quebec were entitled by the King’s Royal Proclamation, are abolished; and French laws are restored; the Roman catholic religion (although before tolerated and freely exercised there) and an absolute government are established in that province, and its limits extended through a vast tract of country, so as to border on the free Protestant English settlements, with design of using a whole people, differing in religious principles from the neighbouring colonies, and subject to arbitrary power, as fit instruments to overawe and subdue the colonies. And whereas the Delegates of all the colonies on this continent, from Nova Scotia to Georgia, assembled in a general Congress at Philadelphia, in a most dutiful manner, laid their complaints at the foot of the throne, and humbly implored their Sovereign that his Royal authority and interposition might be used for their relief from the grievances occasioned by those statutes, and assured his Majesty, that harmony between Great Britain and America, ardently desired by the latter would be thereby immediately restored, and that the colonists confided in the magnanimity and justice of the King and parliament for redress of the many other grievances under which they laboured. And whereas, those complaints being wholly disregarded statutes been enacted, prohibiting the intercourse of the colonies with each other, restricting their trade, and depriving many thousands of people of the means of subsistence, by restraining them from fishing on the American coast. And whereas, large fleets and armies have been sent to America, in order to enforce the execution of those laws, and to compel an absolute and implicit submission to the will of a corrupt and despotic administration, and in consequence thereof, hostilities having been commenced in the Massachusetts bay, by the troops under command of Gen. Gage, whereby a number of peaceable, helpless and unarmed people, where wontonly robbed and murdered, and there being just reason to apprehend that like hostilities would be committed in all the other colonies, the colonists were therefore by force, and to defend themselves and their properties against lawless invasions and depradations. Nevertheless, the Delegates of the said colonies, assembled in another congress at Philadelphia, anxious to procure a reconciliation with Great-Britain upon just and constitutional principles, supplicated his Majesty to direct some mode by which the united applications of his faithful colonists might be improved into a happy and permanent reconciliation: that in the mean time measures might be taken for preventing the further destruction of their lives; and that such statutes as immediately distressed any of the colonists might be repealed. And whereas, instead of obtaining that justice to which the colonists were and are of right entitled, the unnatural civil war, into which they were just precipitated, and are involved, hath been prosecuted with unremitted violence, and the Governors and others bearing the Royal commission in the colonies having broken the most solemn promises and engagements, and violated every obligation of honour, justice and humanity, have caused the persons of divers good people to be seized and imprisoned, and their properties to be forcibly taken and detained, or destroyed, without any crime or forfeiture—excited domestic insurrections—proclaimed freedom to servants and slaves—enticed or stolen them from, and armed them against their masters—instigated and encouraged the Indian nations to war against the colonies—dispenced with the law of the land, and substituted law martial in its stead—killed many of the colonies—burned several towns and threatened to burn the rest and daily endeavour, by a conduct which has sullied the British arms, & would disgrace even savage nations, to effect the ruin and destruction of the colonies. And whereas a statute hath been lately passed, whereby, under pretence that the said colonies are in open rebellion, all trade and commerce whatsoever with them is prohibited—vessels belonging to their inhabitants trading in, to, or from the said colonies, with the cargoes and effects on board such vessels, and made lawful prize, and the masters and crews of such vessels, are subjected, by force, to act on board the King’s ships, against their country and dearest friends; and all seizures or detension, or destruction of the persons and properties of the colonists, which have at any time been made, or committed, for withstanding or suppressing the said pretended rebellion, and which shall be made in pursuance of the said act, or for the service of the public, are justified; and persons suing for damages in such cases are, on failing in their suits, subjected to payment of very heavy expenses. And whereas, large reinforcements of troops and ships have been ordered, and are daily expected in America, for carrying on war against each of the United Colonies, by the most vigorous exertions. And whereas in consequence of a plan recommended by the Governors, and which seems to have been concerted between them and their ministerial masters, to withdraw the usual officers, and thereby loosen the bands of government, and create anarchy and confusion in the colonies; Lord William Campbell, late Governor, on the 15th day of September last, dissolved the General Assembly of this colony, and no other hath since been called, altho’ by law, the sitting and holding of General Assemblies, cannot be intermitted above six months; and 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 from the colony, and carried off the Great Seal and the Royal Instructions to Governors. And whereas the judges of the courts of law here have refused to exercise their respective functions, so that it is become indispensably necessary, that during the present situation of American affairs, and 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 earnestly desire) some mode should be established by common consent, and for the good of the people, the origin and end of all government, for regulating the internal policy of this colony, The Congress, being vested with powers competent for the purpose, and having fully deliberated touching the premises, Do therefore Resolve,
That this congress being a full and free representation of this colony, shall henceforth be deemed and called the general assembly of South Carolina, and as such shall continue until the twenty-first day of October next, and no longer.
That the general assembly shall, out of their own body, elect by ballot, a legislative council, to consist of thirteen members, (seven whereof shall be a quorum) and to continue for the same time as the general assembly.
That the general assembly and the said legislative council, shall jointly choose by ballot, from among themselves, or from the people at large, a president and commander in chief, and a vice president of the colony.
That a member of the general assembly, being chosen and acting as president and commander in chief, or vice president, or one of the legislative council, shall vacate his seat in the general assembly and another person shall be elected in his room; and if one of the legislative council is chosen president and commander in chief, or vice-president, he shall lose his seat, and another person shall be elected in his stead.
That there be a privy council, whereof the vice-president of the colony shall of course be a member and president of the privy council, and that six other members be chosen by ballot, three by the general assembly, and three by the legislative council. Provided always That no officer of the army or navy, in the service of the continent, or of this colony, shall be eligible. And a member of the general assembly or of legislative council being chosen of the privy council shall not thereby lose his seat in the general assembly or legislative council, unless he be elected vice-president of the colony, in which case he shall, and another person shall be chosen in his stead. The privy-council (of which four to be a quorum) to advise the president and commander in chief when required but he shall not be bound to consult them, unless in cases after-mentioned.
That the qualifications or the president and commander in chief, and vice-president of the colony, and members of the legislative and privy-council, shall be the same as of members of general assembly; and on being elected they shall take an oath of qualification in the general assembly.
That the legislative authority be vested in the president and commander in chief, the general assembly, and legislative council. All money-bills for the support of government shall originate in the general assembly, and shall not be altered, or amended by the legislative council, but may be rejected by them. All other bills and ordinances may take rise in the general assembly or legislative-council, and be altered, amended, or rejected by either. Bills, having passed the general assembly and legislative council, may be assented to, or rejected by the president and commander in chief; having received his assent, they shall have all the force and validity of an act of general assembly of this colony. And the general assembly and legislative council respectively, shall enjoy all other privileges which have at any time been claimed, or exercised by the commons house of assembly; but the legislative-council shall have no power of expelling their own members.
(To be continued.)
