|
Protest of Mr. Drayton Against the Address of Council Feb. 13, 1775. Before signing the above address, Mr. Drayton claimed leave to enter his protest against it, which is as follows: Dissentient: Because the Hon. John Stuart, Esq. Superintendant of Indian Affairs, being a Counsellor, not vested with the powers of the ancient twelve, ought not to have any precedence among Counsellors upon that establishment, vested with superior powers; and therefore, ought not, as eldest Counsellor present, to sign any paper in Council; an act manifesting a possession of superior rank. Mr. Stuart is incapable, as eldest Counsellor, of taking rank as President and Commander-in-Chief of the Colony; and, in my opinion, this incapability and the appointment to the Council in each Colony in which he is Superintendant, obviously demonstrate, that the appointment was calculated to enable him the better to execute the duties of his office, and not intended to authorise him constantly to interfere in the merely domestic Legislative affairs of any such colony, in which, the nature of his office or pleasure should, at any time, make his presence necessary or convenient. 2. Because, I am of opinion, the address having a direct "tendency to infringe upon the rights of an individual," and "the privileges of a Member," is therefore, arbitrary, unparliamentary, destructive of freedom of speech, derogatory to the ancient Dignity of the Council, and a contemptuous insult to the people of this colony. 3. Because, I have just grounds to be assured, the measure will not only "destroy all confidence of the people in this House, and bring it into contempt" (to effect which, the address declares I am with "a determined purpose;" and to prevent which, I even here give evidence that I aim; although the House have been losing that confidence, and have been falling into contempt, in proportion to the increase of Placemen in it, and display of their dependance and abilities), but that it will otherwise be detrimental to his Majesty's real service; inasmuch, as the natives of this colony will be greatly discouraged from serving his Majesty and the public in a Council, from which, they would run the hazard of being suspended, even by the machinations of three members who are Placemen. Indeed, already are natives almost totally discouraged from sitting in Council; and this is manifest when we reflect that there are only eight Counsellors in the Province, of which number, five are not only Crown Officers, but strangers. 4. Because the complaint being only of a general nature, it is to be presumed, nothing in particular could be stated; and therefore, in my opinion, the address must be considered as of a very frivolous nature. 5. Because the address bearing a position inconsistent with matter of fact, it will reflect the utmost infamy upon the Chief-Justice who introduced it; a load which I could wish him to avoid, possessed as I am, with a zealous inclination to promote his Majesty's real service, too liable to he impeded by public odium against an officer acting under a total loss of reputation. The address asserts, that "the general tenor of Mr. Drayton's conduct for a considerable time past" shews that he "has been, and still continues to be influenced by a determined purpose as far as in him lies," "to subvert the Constitution and unhinge Government;" hence, by not having limited the retrospect, the assertion most strongly insinuates, that my conduct has been of such a dangerous tenor even during several years. But this is an assertion, which not only wantonly, but disrespectfully militates against the truth, evidenced by his Majesty's royal sign manual and Privy Seal on the 27th day of February, 1771; when the King was graciously pleased to declare himself, "well satisfied with the loyalty, integrity and ability of our trusty and well beloved William Henry Drayton, Esq.," meaning myself; and also, by royal letters patent, under the great seal of this Province, so late as the 25th day of January, 1774, declaring my loyalty, integrity and ability, and constituting me to be one of the Assistant Judges in this colony; an office which I possessed until the ninth day of December last, when to make room for a gentlemen sent from England, and regularly called to the bar, I was suspended without the least censure notwithstanding a most violent complaint by the Chief Justice to his Honor the Lieutenant-Governor, against me, touching an anonymous publication addressed to the late Continental Congress. Which complaint, notwithstanding my most pressing instances, that it should be brought to issue, was on the sixth day of January last, by unanimous advice of a Council composed entirely of Crown Officers, "dismissed without any censure upon any of the parties." 6. Because the address is improper even in its main purpose; for as it charges me with "a determined purpose to subvert the Constitution and unhinge Government," if I am guilty, a suspension is a punishment by no means adequate to the offence. In my opinion as the Chief Justice know the man possessed of "a determined purpose," so criminal and so dangerous, for him to allow that man to continue uninterrupted by the due course of law, was to betray the trust reposed in him by the King. For the Chief Justice would have demonstrated his duty to the King, and his own knowledge and abilities as a Judge, had he, ex officio, ordered a prosecution to bring me to condign punishment, rather than by having planned an address to move the extraordinary powers of Government to inflict a slight punishment. The rule, nec Deus intersit, nisi dignus vindice nodus is as applicable to the political as it is to the poetical drama. Upon the whole, but for the reasons assigned, I should have been extremely well pleased with the address, because in my opinion it bears honorable testimony of me. The Placemen in Council declare, that I have "a determined purpose to subvert the Constitution;" hence I am confident the people will be assured that I am really defending it with vigor. WILLIAM HENRY DRAYTON (From Documentary History of the American Revolution, by Gibbes, Volume 1, pp. 71-73) Doc ID: Gibbes, v. 1, p. 071 Date: 2/13/1775 |
Last modified: 7/8/03/CLN.
URL: http://www.southcarolinahistoricalsociety.org/displays/RevWar/archives-online/Gibbes__v__1__p__071.html