THE CASE OF The INHABITANTS OF EAST-FLORIDA.
WITH An APPENDIX, CONTAINING PAPERS, BY WHICH ALL THE FACTS STATED IN THE CASE, ARE SUPPORTED.
St. AUGUSTINE, EAST-FLORIDA: PRINTED BY JOHN WELLS.
MDCCLXXXIV.
TO THE READER.
THE following pages contain some facts, thrown together by a few gentlemen, refiding in St. Augustine, and was originally intended for a news-paper. It however being afterwards suggested, that by adding the proclamations, addresses, and other authentick papers, herewith printed, by way of appendix, it might serve to inform our fellow subjects in Great-Britain more fully, with the conduct of the inhabitants of East-Florida during the war. It makes its appearance as a pamphlet, flating their case, and assigning some reasons, founded, it is humbly conceived, on the principles of the constitution and natural justice, why they should be compensated by the nation, for the losses they must sustain, by the cession of the province to the crown of Spain. Should it answer no other purpose, it will at least serve to shew, that the inhabitants of East-Florida continued unmoved in their fidelity and attachment to their parent country, at a time of general revolt; that the strongest cement of civil society, that of their allegiance to their natural prince, was at no period or moment lost sight of [Page iv] or disregarded by them; and that the same sentiments and principles influenced their conduct, throughout all the vicissitudes of the war. It may also tend to awaken in some part of the nation, the emotions of sympathy and regard for men, whose loyalty could not be shaken in the day of trial; and who must now apply to the justice of the nation, to receive compensation for the property they are obliged to forego by the peace.
Although they are sensible, their remarks are none of them new; yet if they have been so happy as to arrange with precision, such arguments and doctrines as are furnished by our constitution, and should this little piece any wise tend to elucidate or place in a clear point of view, the claims of the inhabitants to compensation, which they conceive to be just, the principal object the compilers had in view, will be attained.
THE CASE OF THE INHABITANTS OF E. FLORIDA.
BY the Treaty of Peace, concluded at Paris in 1763, East-Florida being ceded and secured to the Crown and Empire of Great-Britain, his present Majesty was graciously pleased to issue his Royal Proclamation, notifying the great benefits and advantages, that his Subjects would derive to themselves, by settling there; holding out considerable encouragement, and giving every assurance of protection for their liberties and properties; and, that they should, to the fullest extent, enjoy all the invaluable privileges of British Subjects. A Civil Government was established, and many persons from Great-Britain, and other parts of his Majesty's dominions, resorted thither; obtained grants of lands, agreeable to certain terms prescribed by Government, which they settled and improved, and on which they beflowed great labour and expence. Others residing in Great-Britain, obtained letters patent for lands, which they also caused to be settled; and in various kind of improvement, laid out [Page 2] large sums of money, in hopes of future gain and permanency, founded on the assurances of Government.
The Colony began to flourish, and the Inhabitants to reap the fruits of their industry, when, in the year 1775, the spirit of revolt manifested itself in North-America. East-Florida, however, continued unshaken in her loyalty, though strongly solicited to join in the confederation; and in the year 1776, when a storm appeared to be gathering in Georgia, which threatened Florida, the Inhabitants, at the instance of the Governour, signified by proclamation, met, chose, officers, embodied themselves, and chearfully prepared to make a defence. And in 1777, his Excellency found himself supported by a body of Volunteers, consisting of about two hundred men, pretty well trained, armed and cloathed at their own expence; who, when occasion required, and at particular periods, were continued on constant duty, occupied posts as far as Picolata; and, in short, were ready to devote their lives to the service of their Sovereign, without pay or reward.
In the latter end of the year 1775, his Excellency issued proclamations, inviting all such loyal Americans as wished to quit the revolted colonies, on account of their principles, and attachment to the Royal Cause, to resort to Florida; and gave the most solemn assurances, on the part of Great-Britain, that they should meet a [...] and comfortable asylum; and that every [...] and assistance, and great advantages, would be [...]orded them: In consequence [Page 3] of which, families and individuals resorted to St. Augustine, and expended the wreck of their fortunes in purchases and improvements. Many unfortunate Loyalists were also banished to Florida, at the evacuations of Savannah and Charlestown; who also settled, erected buildings, and made purchases, previous to the publication of the preliminary articles of Peace.
In the year 1781, when a Legislature was formed, both Houses, in the first moments of their existence, avowed in the fullest manner, in addresses to the Governour, their principles of loyalty; and acknowledged the supreme, uncontroulable authority of Parliament over the Colony. And they also, by act of Assembly, granted a perpetual revenue to the Crown, of two and an half per cent. on certain articles imported. They also, amongst other acts to strengthen the hands of Government, passed a law, empowering the Governour to call forth their Negroes, for the purpose of erecting and repairing publick works and fortifications, for the defence of the Colony: And his Excellency did, on more occasions than one, exercise the authorities so vested in him. They also repeatedly expressed, in addresses and resolves, their attachment, zeal, and affection for his Majesty's sacred person, and the happy constitution of government, under which they lived; and tendered life, fortune, and every thin [...], that was dear, in support of their declaration.
Previous to the calling of an Assembly, as a Militia, they repelled the enemy, when inroa [...]s [Page 4] were attempted; and at one time, when a regular siege was planned in Georgia, and all America was invited to share in the spoils of EastFlorida, the then Rebels having advanced across St. Mary's river, were beat back, and frustrated in their designs, chiefly by the spirited exertions of the Militia embodied by Governour Tonyn, for the defence of East-Florida, and paid by Government, under the conduct and command of that active and enterprising officer Lieutenant Colonel Brown. At another period, when it became necessary for his Majesty's service, and the defence of the Province, to encamp the Regular Troops, which was done by Lieutenant-Colonel Glazier, the Inhabitants, as a Militia, without pay, rations, or arms, from Government, chearfully mounted the guards, patroled, and did all the town duty; as indeed they did on other occasions, when deemed necessary.
In short, the Inhabitants did, at all times, with their purses and personal services, exert their utmost to support the honour, dignity, and sovereignty of their King and Parent Country, in their rightful possession. And it is asserted, that no one instance can be produced, wherein they were wanting in their duty as Subjects, or wherein they did not, with alacrity, chearfulness, and, it may be added, with the warmest zeal, support the cause of Government. With the aid of his Majesty's Troops, they have, under Divine Providence, weathered every storm incident to War; and at the expiration of a sever; [Page 5] years struggle, Peace hath taken place, and the Colony is ceded and guarantied to the Crown of Spain; to be delivered up to such Commissary or Commissaries, as shall be empowered by his Most Catholick Majesty to receive it: And the Inhabitants may withdraw with their moveable effects, and are at liberty to fell their real estates, if they can, to his Catholick Majesty's subjects. They, in consequence, are now preparing to depart, in quest of new settlements, in some other part of their Sovereign's dominions.
From the foregoing State of the Case, the following Questions naturally arise.
Have the Inhabitants of East-Florida discharged faithfully, all the duties of liege Subjects? If it should be found they have, it is then asked, What return is the Subject to receive, for a faithful discharge of his allegiance? Can the Subject be divested of his property, under the British Constitution, by the King, or by the Legislature, or by any man or set of men, without receiving a recom [...]n [...] or equivalent for it? Will the Inhabitants of this Province be divested of their property, by the terms of Peace? If they will, are they then to have no compensation for their losses? Is this to be the reward of their past services and ze [...]d?
In order to know, whether the Inhabitants of East-Florida have faithfully discharged all the duties of liege Subjects, it will be necessary to enquire what those duties are.
[Page 6] Allegiance is certainly that tie, which binds the Subject to his Sovereign, to support, protect, and defend him, in his possessions and just rights, against all his enemies; and is applicable, not only to his Royal Political Capacity, but to his Natural Person is due, without any oath of allegiance taken; and ought to be so strong and rooted, as to induce us, when necessary, to hazard life, fortune, and all that is dear, in defence of our liege Sovereign; we say, in his possessions and just rights: And, therefore, it becomes equally obligatory on us, to submit to the Peace, as it was to defend and support our Sovereign in his possessions, during the War.
The King, by our Constitution, is vested with the Prerogative of making Peace and War; and being so vested, he may, to attain the ends of Peace, dismember this Province from the Empire; and a Treaty concluded by him with a foreign Crown, must irrevocably bind the Nation.
This enquiry being made, we can now answer, that the Inhabitants of East-Florida have faithfully discharged their duty as Subjects: For, during the whole course of the War, they, with their lives and fortunes, used their best exertions in the cause of their Sovereign; and they are now in the act of withdrawing from the Province, and of relinquishing their plantations, their comfortable houses, and real property, in consequence of the Peace, and have paid every obedience thereto.
[Page 7] The next Question then naturally arises, What return is the Subject to receive, for a faithful discharge of his allegiance? We answer, Protection in his possessions, and in all his just immunities and privileges.
Protection and allegiance are reciprocal duties. The thing itself is founded in reason, and the nature of government. A fundamental principle in the Feudal Law was, that a mutual trust subsisted between the Lord and the Vassal, viz. that the Lord should give full protection to the Vassal, in his territorial property; and the Vassal was to defend and support his Lord, to the utmost of his power, against all his enemies. All lands held by British Subjects, are derived, mediately or immediately, from the Crown; and the oath of allegiance, (before it was curtailed at the Revolution,) ran nearly in the same words as the Vassal's oath of fealty. They are both derived from the same feudal source; and the King is called our liege Lord and Sovereign.
The Subject is not only to be protected in his possessions, but also in his just immunities and privileges; and, as a natural born Subject cannot be discharged from his allegiance, or put it off, or cancel, or alter it, by any act of his own, by change of time, place, or circumstances *, without the concurrent act of his Sovereign; [Page 8] so, he has a great variety of rights and privileges, acquired by being born within the King's allegiance, which he cannot forfeit by any distance of time or place, but only by some act of misconduct, or misbehaviour of his own.
Having premised thus much, it will be necessary here to enquire, Can the Subject be divested of his property, agreeable to the British Constitution, by the Crown or Legislature, without receiving an equivalent for it? We answer, He cannot.
No Freeman shall be taken or imprisoned, or be disseized of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed, but by lawful judgment of his peers, or by the law of the land. These are the words of Magna Charta. My Lord Coke commenting upon these words, says, “hereby is intended, that lands, tenements, goods and chattels, shall not be seized into the King's hand; nor any man shall be [...] of his lands or tenements, or dispossessed of his goods and chattels, contrary to this Great Charter, or the law of the land.”
No doubt, an individual, or a body composing part of the community, may, by act of Parliament, that is, the law of the land, be deprived of property, for the good of the whole; [Page 9] but the individual or body so deprived, must be compensated: And it is every day's practice to compel an individual to part with property, by act of Parliement, for publick use, for a road, or the like; but he must be paid for it. The Publick, in these instances, is like an individual treating with an individual, for his property; and so great is the regard of the Constitution for private property, that it will not admit of the least violation of it. “The publick good is in nothing so essentially interested,” says Sir William Blackstone, “as in the protection of every individual's private rights, as modelled by the municipal law.”
It is part of the law of the land, founded on the principle of necessity, that a Subject, in time of War, may be deprived of his effects, for publick use; or his house may be burnt or destroyed, to prevent the enemy from occupying it: But he must be paid, out of the publick treasury, for his loss. So in a storm, goods may be thrown overboard, to preserve the ship; but the loss must be proportionably borne by all the shippers. So, it is conceived, that in our case. his Majesty, (as has been already said,) may, for the good of the Nation, by a Peace, lawfully yield up this Province, and dismember it from the Empire. But if, in so doing, private property is sacrificed, individuals owning that property, must be paid for their loss.
This then leads to the next enquiry, Will the Inhabitants of this Province be divested of their [Page 10] property, by the terms of the Peace? Let us hear what the terms of it are.
Peace is made by our Sovereign, and ratified by the Nation, in which it is stipulated, that East-Florida shall be yielded up and guarantied to the Crown of Spain; and his Majesty's Subjects may withdraw themselves, with their effects, within a given time; and in the interim, they are at liberty to sell their immoveable property to the Subjects of his Most Catholick Majesty. Thus far the Treaty goes, and no further.
But, in order to elucidate the matter more fully, it may be admitted, that his Catholick Majesty will permit individuals to stay. Suppose his Catholick Majesty's Subjects will not purchase, or will only give the most trifling sum for a valuable property; and the British proprietor, agreeable to treaty, withdraws; where is the reciprocal duty of protection for the property? Can it be said, that he is not divested or disseized of his property, by the Spaniards, in consequence of an act of Government. If he goes a step beyond the Peace, and can reconcile it to himself to change his religion, (a case put merely for the sake of argument, as it cannot happen,) and remain; where are his invaluable birth-right immunities and privileges? What has he done against his Sovereign, to forfeit his rights as a British Subject? And, in case a War should break out, at a future day, between Great-Britain and Spain, and he is called upon by the Nation that gives him protection in his property, to take up arms; what will he do in [Page 11] this case? No time, no place, no circumstances, can enable him to shake off his natural allegiance, without the consent of his Sovereign. He has not the consent of his Sovereign, to stay under the Treaty of Peace. On the contrary, although the Province is guarantied to Spain, yet care is taken to make it a positive stipulation, on the part of his Catholick Majesty, that the British Inhabitants may withdraw, with their effects, without molestation; which plainly evinces, that if any of his Majesty's Subjects remain, they do it at their own risk, and still owe allegiance to Great-Britain. If that had not been the intention, the article ought to have gone on, and declared, that such of his Majesty's Subjects as chose to stay, were absolved from the duties of natural allegiance to the Crown of Great-Britain.
In the year 1747, Eneas, alias Angus, M'Donald was tried for high treason. He had been taken prisoner in the rebellion of 1745. It appeared upon the trial, that he was born in Scotland, but left it very young. He had a commission from the French King, as his Subject: He was, in education, and all other respects, except by birth, a Frenchman. But he was convicted upon this principle, that no change of place, time, or circumstances, could enable him to get rid of the allegiance due to the Government, under which he was born.
By this state of the case, the Inhabitants of East-Florida, agreeable to the Treaty of Peace, must either lose their property by withdrawing, or, if they go a step further than the Treaty has, [Page 12] carried them, (that is, if they stay and become Spanish Subjects,) they must forego all their civil and religious rights. But can it be supposed, that British Subjects will change their religion, and forego their civil rights, for the sake of gain? To conceive, that the People of EastFlorida can, would be harbouring the injurious idea, that all governments were alike to them, provided they can hold their property. It would also be concluding, that their struggles for seven years, have not proceeded from principles of attachment to the Constitution and Parent Country, and of loyalty to their Sovereign. It is conceived, a moment's reflection must satisfy every thinking man, that such suppositions are founded in gross error. They have, most of them, heretosore sacrificed their property, in discharge of their duty, as liege Subjects: And they still, notwithstanding all that has passed, are unshaken in their attachment and principles.
We might here go on to shew, by maxims drawn from the Law of Nations, that where the interests and effects of a part of a Society are sacrificed for the good of the whole, the losses sustained by such sacrifice, must be borne by the whole. We might also shew, that we have, not only the implied assurance, founded on the doctrine of protection and allegiance, and on the principles of the Constitution; but there is, in our case, an express contract on the part of Government, entered into and declared, in proclamations and other publick and solemn acts, [Page 13] for the security of our privileges and property. And arguments might be drawn from the universal principles of natural justice, to shew, where one of two contracting parties performs his part of the contract, if the other party cannot perform his, some other recompence must be made, by way of satisfaction.
These, and many other arguments, might be adduced; but having already said so much upon the subject, we shall, lastly, enquire, Are the Inhabitants to have no compensation for the losses they must sustain, by withdrawing, agreeable to the Treaty of Peace? Is this to be the reward of their past services and zeal?
From what has been already said, from the principles of our Constitution, from those of natural justice, and from the present and past conduct of our Mother Country, we must conclude, the means to make us compensation, for the loss of that property we shall be obliged to abandon by withdrawing, agreeable to the Treaty of Peace; as she cannot, or does not find it convenient to, protect us in the possession of it; and, for the accommodation of national exigencies, has thought proper to cede private property to a foreign Crown.
We must recollect, that hitherto nothing has been done, but what the Constitution warrants. Great-Britain gave us protection during the war, and nurtured us during our infancy. Here we must feel emotions of gratitude. She has, it is true, dismembered this Province from the Empire; but she had clearly a constitutional [Page 14] right so to do: And it must be recollected, she has provided in the Treaty, that we shall be at liberty to withdraw. She has also given us the chance of selling our property, if we can; and ships are furnished, at the expence of the Nation, to accommodate us at our departure. We were formerly, and now are, told from authority, that every attention will be paid to us, in whatever situation we may be placed. From all which we must draw, that ample and substantial justice will be afforded us. To admit a contrary idea, would be to assert, that Great-Britain hath lost all publick faith; that, instead of rewarding, she most severely punishes, her faithful adherents; that the sacred principles of the Constitution, and the rules of natural justice, are by her disregarded; and, that from being a Nation renowned for her probity, justice, and good faith she has become the reverse; that she has untied the strongest bond, that unties Civil Society; and, that the Constitution hath l [...]st its vigour. This language may [...] our northern neighbours; but the faithful and ever loyal Inhabitants of Fast-Florida, must have full considence in the justice and honour of their Mother Nation. They have always experienced her kindness, and felt her fostering hand; and, therefore, must not as yet complain.
APPENDIX.
CONTAINING PAPERS, by which all the Facts stated in the foregoing CASE, are supported.
APPEND
No. I.
IN the Royal Proclamation, issued at St. James's, in October, 1763, the following clauses, amongst others, are inserted.
WHEREAS we have taken into our royal consideration, the extensive and valuable acquisitions in America, secured to our crown by the late definitive treaty of peace, concluded at Paris the tenth day of February last; and being desirous, that all our loving subjects, as well of our kingdoms as of our colonies in America, may avail themselves, with all convenient speed, of the great benefits and advantages, which must accrue therefrom to their commerce, manufactures, and navigation; we have thought fit, with the advice of our privy council, to issue this our royal proclamation, hereby to publish and declare to all our loving subjects, that we have, with the advice of our said privy council, granted our letters patent under our great seal of Great-Britain, to erect within the countries and islands ceded and con [...]med to us by the said treaty, four distinct and separate governments stiled and called by the names of Quebec, East-Florida, West-Florida, and Grenada.
And whereas it will greatly contribute to the speedy settling our said new governments, that our loving subjects should be informed of our paternal care for the security of the liberties and properties of those who are and shall become inhabitants thereof; we have thought fit to publish and declare, by this our proclamation, that we have, in the letters patent, under our great seal of Great-Britain, by which the said governments are constituted, given express power and direction to our governours of our said colonies respectively, that so soon at the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council, sammon and call general assemblies within the [...]d government respectively, in such manner and form as is used and directed in those colonies and provinces in America, which are under our immediate government; And we have all so given power to the [...], [...], with the consent of our said [...] and the representatives of the people, so to be summoned as aforesaid [Page 18] to make, constitute, and ordain laws, statutes, and ordinances for the publick peace, welfare, and good government of our said colonies, and of the people and inhabitants thereof, at near as may be agreeable to the laws of England, and under such restrictions and regulations as are used in our other colonies: And in the mean time, and until such assemblies can be called as aforesaid, all persons inhabiting in, or resorting to our said colonies, may confide in our royal protection for the enjoyment of the benefit of the laws of our realm of England; for which purpose, we have given power under our great seal to the governours of our said colonies respectively, to erect and constitute, with the advice of our said council, respectively, courts of judicature and publick justice, within our said colonies, for the hearing and determining all c [...]ses, as well criminal as civil, according to law and equity, and as near as may be agreeable to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentences of such courts, in all civil cases, to appeal, under the usual limitations and restrictions, to us, in our privy council.
We have also thought fit, with the advice of our privy council as aforesaid, to give unto the governours and councils of our said three new colonies upon the continent, full power and authority to settle and agree with the inhabitants of our said new colonies, or with any other persons who shall resort thereto, for [...] lands, tenements, and hereditaments, as are now, or hereafter shall be in our power to dispose of, and them to grant to any such person or persons, upon such terms, and under such moderate quit- [...], services, and acknowledgements, as have been appointed and settled in our other colonies, and under such other conditions as shall appear to us to be necessary and expedient for the advantage of the grantees, and thimprovement and settlement of our said colonies.
No. II
IN the month of November, 1775, his Excellency Governour Tonyn issued the following proclamation.
WHEREAS in the present unhappy and distressed situation of great numbers of his Majesty's loyal and faithful subjects, in several provinces in North-America, [...] under the despotick tyranny of a few [...] who have, from private view, by [...] imposed upon and [...] Majesty's well disposed [...] unlawful committee, have [...] suspended the [...] [...] [Page 19] authority over all persons within the respective provinces now in reb [...]llion; using not only abuse and threats, but inflicting actual and unprecedented punishments upon such as are firmly attached to their King, and the laws and constitution of their country, or refuse to sign seditious and treasonable articles of combination, and submit to their [...] authority: And whereas his Majesty from his usual attention to the peace and safety of all his subjects, in whatever part of his extensive dominions re [...]ing, and from his wonted compassion for the [...]tresses of others, has been most graciously pleased to signify to me, by the right honourable the Earl of Dartmouth, his royal intention and wishes to afford every protection to such of his subjects in the colonies in rebellion, as shall be too week to resist the violence of the times, and too loyal to concur in the measures of those, who have avowed and supported this unnatural rebellion: And that this province, may not only p [...]o [...]e a secure asylum to such, but induce them to settle here, his Majesty hath been further graciously pleased to suspend the execution of the instructions of the 3d of February, 1774, respecting the sale of lands, for the present, also all other reservations and restrictions, and to authorise me, for the encouragement of such persons as may, under these circumstances, be induced to seek a happy asylum in this province, to make out for them gratuitous grants of lands, exempt from quit-rents for ten years. I do, therefore, by and with the advice and consent of his Majesty's honourable council, [...] this my proclamation, inviting all persons suffering under the above circumstances, to come and reside in their his Majesty's, loyal colony, where they may umm [...]l [...]sted follow their lawful occupations, and enjoy the quiet possession of their property, and the valuable blessings of that liberty which is an enemy to [...], friendly to government, and consistent with the laws of Great-Britain; and that upon application to me in council, they shall have grants of land as a family right, under the usual [...] and limitations, with an exemption from quit-rents for ten years from the due of the grant, and every possible protection and encouragement. And whereas many of his Majesty's honest, well meaning and loyal subject, in these factious and rebellious times, when [...] while may prevail over truth, and force and violence in part over just authority, may be greatly imposed upon by the [...] insinuations and false representations of his Majesty's disa [...]ected subjects, I have thought fit, and do with the advice of his Majesty's honourable council, further encourage them to take up their residence here, from the following considerations, viz. That the climate I [...] healthy, as many of the spaniards for [...] lived here to a [...] old [...]e; and as from the establishment of the civil government of this colony under the Crown of Great-Britain, his Majesty's subjects have enjoyed a state of good health, which is particularly [...] from the returns of his Majesty's [Page 20] troops in garrison at St. Augustine: That the climate is sufficiently cold in winter, to brace up the constitution after the summer months, which are refreshed by a regular sea breeze: That several kinds of grain and vegetables produced in Great-Britain, may be cultivated here with success in winter; indian corn, rice, indigo, cotton, and sugar canes, in summer: That i [...] it should be thought too expensive, or the seasons too precarious for raising sugar and rum for exportation, a planter may, at a small expence and trouble, raise sugar canes sufficient to supply his family with both: That the winter is not so severe as to destroy the West-India cotton, but that it grows up with great luxuriancy in the spring: That the climate and soil seem peculiarly adapted for producing indigo weed, from which the planters have made indigo of a quality superiour to any made in the British colonies in North-America: That the country is well pastured, and fit for raising cattle and stock of every kind, without the assistance of artificial grasses, or laying up provender for winter: That the country is conveniently [...] with rivers plentifully stored with variety of fish, and fit for navigation and for bringing down produce and lumber to their respective ports: That their banks are covered with large oaks, and other timber fit for building vessels: That there is a variety of other timber for staves and lumber, fit for the West-India market. And I do further, by the advice of his majesty's honourable council, and in obedience to his Majesty's commands, hereby offer every possible encouragement in my power, for the exportation of lumber to the West-India islands: and that I will, upon application to me, grant [...] to cut wood for lumber, upon any part of his Majesty's lands, upon sufficient security being given, to land it in some island belonging to his Majesty.
No. III.
A Proclamation issued by Governour Tonyn, in August 1776, pro
[...]ibiting all correspondence with the Revolted Colonies.
WHEREAS several during incursions have lately been made into this province by lawless and abandoned men, in open and avowed rebellion, from the province of Georgia, who have disturbed the quiet of his Majesty's loyal subjects of this province, and attempted to desolate and lay waste the country: And whereas I have, by a former proclamation, prohibited and forbid all correspondence between the inhabitants of this province and the neighbouring colonies in rebellion, and cautioned his Majesty's subjects against [...] or abetting them in their unjustifiable proceedings, and requiring them to communicate to me every information they could, concerning so [...] vebels and traitors, or their associates, aiders, and abettors. To [Page 21] the end therefore, that none may plead ignorance, I have thought fit, and do, by and with the advice of his Majesty's honourable council of this province, issue this my proclamation, warning all his Majesty's subjects to guard against their perfidious insinuations, and from holding any secret correspondence with them, by letter, message, signal, or otherwise, and from giving them any assistance or protection whatever; also requiring, that they be diligent in giving me every faithful information they can, with respect to their hostile intentions and proceedings against his Majesty's his crown and dignity, and against the peace and quiet of this his Majesty's province. And whereas I have been informed, that some infatuated men, inhabitants of this province, have wantonly joined the rebels of Georgia, I hereby strictly require and charge all persons whatever, who can give evidence of their traiterous conduct, that they communicate the same to me, that means may be used to bring them to that punishment which their crimes deserve. And to prevent as much as may be all correspondence and intercourse with the rebels in the neighbouring colonies, and for the greater security of this province. I do hereby require, that no boats or canoes be allowed to remain in the night time on the north and west side of St. John's river, and that no person do pass, or be aiding and assisting in carrying others over the said river from this side, without leave from me in writing. I do likewise forbid all persons from keeping boats, canoes, or other vessels, on the south and west side of St. Sebastian's creek, after sun set; and from siring guns on any pretence whatever, unless by lawful authority, within the out lines of this town. And where as it is the duty of every member of the community to use his utmost endeavours to suppress rebellion and to distress rebels, to the end that peace and good government may be restored in all his Majesty's dominions: and whereas the frequent incursions of the rebels into this province, renders it necessary for us to co-operate as far as we can for procuring that end, and for opposing and repelling their incursions into this province in future; I do hereby call upon and invite all the male inhabitants within the town of St. Augustine, to assemble at the state house on the parade, on tuesday next, at 7 o'clock in the morning, that they may voluntarily incorporate and embody themselves, to co-operate with his Majesty's troops for the defence of this province. I do also hereby call upon and invite all the male inhabitants on St. John's river and the Mosquitoes, to assemble respectively for the above purposes, at a time and place to be fixed by persons commissioned by me, of which timely notice shall be given.
No. IV.
THE following proclamation was issued by Mr. Gwinnet, the president of Georgia, in 1777.
WHEREAS the southern frontiers of this state have been frequently alarmed by the inroads and depredatious of sundry persons inhabitants of the province of East-Florida, and acting under the commission and authority of Patrick Tonyn, Esq; governour of the said province: And whereas it has pleased divine Providence to bless the American arms, in an unexampled manner, to that there is every reason to expect, we shall be enabled to repel those enemies of liberty and mankind, and entirely to drive them off from this vast united continent. Taking these premises into consideration, and being unwilling to destroy or distress any that are disposed to accept of the protection of the united states, I therefore, by virtue of the powers vested in me, do issue this my proclamation, signifying my intentions to all the inhabitants of the province of East-Florida, and acquainting them with the motives of [...]ay appearing among them, with an army sufficient for the reduction of the said province.
Be it therefore known to all the inhabitants of East-Florida, that the American standard is now erected among them, to the intent that all who will repair to the same, and take an oath of allegiance to the free and independent states of North-America, shall receive the protection and assistance of the said states, and shall be secured in their persons all property. And left any person or persons should be deceived by the insinuations of our enemies, and induced to disbelieve the proposals now offered unto them, I therefore by the authority of the state of Georgia, do [...] them, that I do not come do destroy, but to protect and receive them as our friends and brothers, and as men engaged in the most glorious cause of asserting our rights and privileges, in oppo [...] to the opp [...]es [...]ive schemes of tyranny. All therefore that will on this occasion faithfully join and adhere unto us, agreeable to the terms above mentioned, shall receive every indulgence and encouragement, and be entitled to all the rights, and privileges of the [...] of our fellow citizens. And further, I would request every person who may have an opportunity of perusing the contents of this proclamation, seriously to consider, and reflect, what they can propose to themselves in standing out in opposition to the united states of America; since the God of armies has to remarkably appeared in our savour, and the period cannot be far off, when the enemies of America will be cloathed with everlasting shame and dishonour.
No. V.
In the year 1778, the following invitation to share of the plunder of East-Florida, was issued by the Governour and Council of Georgia.
STATE of GEORGIA.
To all Friends of
[...] and Independence, in and throughout the United States of America.
THE governour and council of the state of Georgia, deeply impressed with a sense of the injuries and losses which the inhabitants of this state and South-Carolina have sustained by the daily depredations of the rovers from East-Florida, and of the encouragement which the contiguity of that province affords to disaffection and treason, have determined upon a vigorous [...]ertion of [...] against the same: and with the blessing of God, have not the least doubt of being able to reduce it to a state of submission to us. They therefore invite and encourage all persons whatsoever, the wellwishers to freedom and right, to come in with the utmost expedition, and partake of the [...] and profits of this enterprize. They further inform all those who are disposed to accept of this invitation, that a camp is already formed in Burke county, where there will be immediately placed a large quantity of provision, and plenty of ammunition; and those who incline to adventure, have nothing to do but repair to the camp, and from thence march under the command of the governour of the state of Georgia. Provision and ammunition will be supplied gratis, and all captures free plunder.
No. VI.
By Lieut. Colonel Fuser, of his Majesty's
[...] re
[...]iment, commanding his Majesty's Troops, now at St.
[...]
WHEREAS it is probable, considering our present circumstances, that the rebels may appear every instant the bar, or there about, and may effectuate a landing without our being apprized o [...] it; it is the duty of the commanding officer to be upon his guard, not only, for his own observation, but also to protect the [...] this town: consequently he hopes, they will exert themselves in their own defence. But as an effectual defence cannot be [...] without some [...] he take this opportunity to invite all his Majesty's loyal subjects who have not [...] themselves in the [...], to [Page 24] meet him on [...] next the ayth instant, at 11 O'clock in the morning, with [...], upon the grand parade, where he will be at the head of a company with his Majesty's standard, in order to take their names, visit their arms, and furnish those that are in want of them, and shew them their place of alarm, in case they are wanted.
The commanding officer gives notice at the same time, that whoever does not pay proper attention to this necessary invitation, must not take it amiss if he is looked upon as a coward, disaffected to his Majesty's person and government, and a notorious rebel; and consequently be treated as such.
GOD SAVE THE KING.
No. VII.
His Excellency Governour Tonyn being pleased to call a general assembly, for the first time, in March 1781, delivered the following speech to both houses at their first meeting.
I AM happy that during my administration of the government of this province, it hath arrived at such a state of a assluence and importance, as to enable me with propriety to fullfil his Majesty's most gracious engagement [...], in his royal proclamation of the 7th of October, 1763, by establishing a provincial legislature for the purpose of making constitutions, ordaining laws, statues and ordinances, as near as may be agreeable to the laws of England, under such regulations and restrictions as are used in other colonies, for the publick welfare and good government of this province and its inhabitants.
To this period, his Majesty's honourable council have acted as a privy council, with respect to matters of government; and I am greatly indebted to that honourable board, for their ready assistance, and the candour they have ever discovered, in giving their opinions on such points as were laid before them.
From this date, they assume the authority and privileges of an upper house of assembly, in a legislative capacity; and you will, honourable gentlemen, I am convinced, maintain the same recard to the constitution, the same loyalty to his Majesty, and attention to the true interests of this province, which hath been your ruling principle in the capacity of privy counsellors.
It hath been frequently represented to me by the grand juries of this province, that local laws were much wanted, and that a provincial leg [...]lature would be beneficial to the community. I said these presentments before his Majesty's council, who concurred with the [Page 25] grand [...] that provincial laws were wanted; but sensible that numberless expences and hardships unavoidably attend forming new settlements, and imagining that it would be expected, the instant a provincial legislature existed, taxation for defraying the expences of government should be imposed, I thought it more eligible to suffer a few inconveniences, than either to burthen you in an infant state, or disappoint the reasonable expectations of our most gracious Sovereign and an indulgent mother country, by whose patronage, care and support, we have been fostered and protected, at a time of general revolt; when the untoward behaviour of the other colonies might have justly induced the most benign Prince in the world to alienate his affections from such contumacious and refractory children, and the Parliament to withdraw its aid from breeding up others that, like them, might prove unworthy and ungrateful.
Of late, gentlemen, the increase of property from your success in commerce and planting, hath been considerable; and the industry and judgement of a few may evince to Great-Britain, that amplereturns in produce may be made for money laid our in raising a produce equally beneficial to the planter and the mother country, in one of the most healthy and fertile climates upon earth.
These and other motives impelled me to summon the freeholders of this province, to elect representatives to act in the house of assembly, for the purpose of assisting in framing laws, statutes and ordinances, for the good government of the province, whose representatives, gentlemen, you are; and I do assure you, that I shall most dispassionately and cordially concur with you, in framing such laws and ordinances, as best correspond with the constitution and laws of England, and best suit with our local situation and circumstances; and that I am zealous of preserving inviolate the liberties of the subject, and the right and prerogatives of the crown.
My address to you, gentlemen, upon the present auspicious occasion, shall be short, confident of your loyalty to the King, and attachment to the constitution, and that you have a perfect knowledge of the true interests of this colony.
Framing laws for the regulation of the conduct of the members of community, hath ever been deemed a most momentous and important object; they require the most penetrating discernment, and soundest deliberation; and particular circumspection is necessary, at this alarming crisis of publick affairs, and general revolt of the colonies: A revolt, which I cannot mention without the greatest indignation, and in which they have so wickedly persevered, that by their new and unnatural political alliances they have sacrificed to their caprices and prejudices, their most sacred rights, religious and civil; renounced their allegiance to the mildest and best of kings, and their attachment to the most ben [...]h [...]ent of mother countries; and [Page 26] have attempted to destroy a constitution, under which they possessed a freedom, restrained only by the most wholesome and beneficial laws, and all the sweets of good government, without feeling the weight of its support and maintenance.
The result of your deliberations, gentlemen, will not only be of consequence to this province, but to his Majesty's government in general, and it will at least give a tincture in future assemblies: And as one of the chief reason assigned for this unnatural rebellion, is the colonies refusing to acknowledge the supreme right and authority of the British Parliament, to prevent as far as possible any further contest upon so just and equitable a point, I hope your good sense and attachment to the constitution, will lead you, in the most publick and avowed manner, by an act of the provincial legislature, to recognize your allegiance to the blessed Prince upon the throne, and the supremacy of Parliament; thereby to establish, upon the most solid foundation, our constitution liberties and dependence.
As the King and Parliament have, with an astonishing and unprecedented condescension, relinquished their just right of taxation, provided the provincial legislature will make due provision for defraying a reasonable part of the expence of the government of the empire at large, and for the internal government of the colony; I trust that you, gentlemen, in the first moment of your existence, will make a provision appropriated to these important purposes, more as a mark of your regard to justice and affection, and gratitude, for the government under which we have been protected, and generously fostered and maintained, than for any immediate real service our supply can afford it.
The quota you in your present circumstances can make, I am sensible, will not be adequate to the expences of the provincial government; but I am consident, that such provision, appropriated as I mention, will be an additional motive with our most gracious Sovereign to continue his immediate protection, and to an unprejudiced and liberal Parliament, its bounty in our progression towards maturity.
In my correspondence with his Majesty's principal secretaries of state, I have ever represented the inhabitants of this province, to be loyal and well attached to his Majesty's person and government, and ready upon every occasion, to assist by their personal services; and I take this opportunity of returning my thanks, to those gentlemen, who, with a manly spirit, served in the militia, upon the repeated invasions of the province.
I presume, gentlemen, I have no occasion to mention, that the present situation of publick affairs, surrounded as we are on all sides by foreign and domestick enemies, demands our attention to the important object of defence; and that we may lend our aid in an uniform [Page 27] and proportioned manner, a militia act will be beneficial to the province.
I have only to intreat, gentlemen, that you will preserve harmony and good temper, in your deliberations; and be assured, I have nothing so much at heart, as to concur with you in promoting his Majest's service, and the prosperity and true interests of this province.
The ADDRESS of the UPPER HOUSE of ASSEMBLY.
We his Majesty's most dutiful and loyal subjects the upper house of assembly for this province, in general assembly met, beg leave to return your excellency our grateful acknowledgements for your most affectionate speech to both houses of assembly.
It affords us a very sincere satisfaction, that under your excellency's wise and mild administration, this province hath reached that state of importance and affluence, as to enable your excellency to constitute a provincial legislature, which we flatter ourselves will be conducive to the prosperity of this his Majesty's colony, and the success of its inhabitants; and in justice to your excellency's merit, we do acknowledge, that a considerable increase of inhabitants has proceeded from that warm and distinguished reception the friends of government who came to this province, have met with.
Your excellency's zeal for this Majesty's service, your constant and umen [...]tted attention to whatever you thought would contribute to the advancement of commerce and agriculture, and the caudour and freedom with which your excellency on every occasion laid the business of the province before the council board, was always very greateful to us, and tended to inspire the same ardor and liberality of sentiment in giving our opinions, that actuated your excellency, and stimulated us to that zeal for his Majesty's service and prosperity o [...] this colony, which we hope [...]ver to preserve.
It is our earnest with and highest ambition to exert our utmost abilities in discharging the honourable trust, reposed in us as an upper house of assembly; and we shall in all our deliberations strictly adhere to the spirit of that excellent constitution of government under which we live, and study to model our laws as near as may be to that justly admired system, which hath been framed by the wisdom of the British Parliament.
Whilst we admire his Majesty's royal clemency in holding forth terms of accommodation and offers of pardon and remission of past o [...]ences, it is with the deepest concern and affliction that we [...]erceive our deluded fellow [...], in the revolted colonies, contrary [Page 28] to their true interests and the principles of generosity and justice, contumaciously persevering in open rebellion against their lawful Sovereign; and as if no terms of accommodation were ever intended by them, have entered into unnatural alliances with foreign states, whom the experience of past ages evinces to be enemies to religious and civil liberty; thereby audaciously attempting to dismember that, glorious empire which gave them existence, and under whose protection they arrived at a degree of affluence and importance, which they have licentiously perverted to the worst of purposes.
With the warmest sentiments of loyalty and gratitude to our most gracious Sovereign, whose uniform conduct evinces that he is truly the best of Kings, we acknowledge to have received his Majesty's support and protection, when we apprehended the untowardly behaviour of the other colonies might have led his Majesty and the Parliament to have withdrawn their aid.
We esteem our civil and religious liberties dear to us as our liver, and with to transmit them inviolate to our posterity, as their best inheritance; and humbly conceiving that they never can be better secured, than under the protection and patronage of the royal house of Brunswick, and firmly con [...]iding in the wisdom of the British Parliament, and convinced of the necessity that an absolute supreme and uncontroulable power in a state must exist somewhere, we will most chearfully concur with the other branches of the legislature, in recognizing our allegiance to the King, and supremacy of parliament.
We should be void of every sentiment of gratitude, not to acknowledge the great obligations we are under to our most gracious Sovereign, for the succour and protection he hath afforded this province; especially for that body of brave troops, who have upon sundry occasions signalized themselves in repelling the united forces of the French and rebels, in restoring the neighbouring province to his Majesty's allegiance, and securing this from plunder and devastation; and we are greatly indebted to your excellency, for that spirit and vigilance, which you have ever exerted for the defence of this government, and the happiness and prosperity of people over whom you preside.
His Excellency the GOVERNOUR'S ANSWER.
I return you my heart thanks, for the expressions of loyalty and gratitude to his Majesty, and regard for the constitution, contained in your address to me.
It is a very particular satisfaction to me, that gentlemen so well acquainted with the constitution of Great-Britain, fill the honourable station you hold in this province.
[Page 29] I am happy that his Majesty's paternal care of his people enabled me to soften the distresses of the loyal, but sorely oppr [...]sted refugees; and your approbation of my conduct, and the favourable opinion you entertain of me, are exceedingly pleasing to me.
The ADDRESS of the COMMONS HOUSE of ASSEMBLY.
WE his Majesty's most dutiful and loyal subjects, the commons house of assembly of East-Florida, in general assembly met, return you our most sincere and cordial thanks for your excellency's speech, on our meeting in the first provincial legislature convened in this colony.
With the most heartfelt satisfaction we congratulate your excellency, that during your administration of the government of this province, it hath arrived at such a state, as to enable your excellency with propriety to fulfil his Majesty's most gracious m [...]entions, by the establishment of a legislative body in this province.
Sensible from experience of the numberless hardships and heavy expences which unavoidably attend the forming of new settlements, we have hitherto cheerfully submitted to such inconveniences as our situations and circumstances subjected us to. But from the increasing population of the province, the necessity of some local laws in this infant colony, became daily more evident; in the making and framing of which, and of such other ordinances and regulations as the publick welfare and good government may require, it shall be our study to conform, as far as may be, to the constitution and laws of Great-Britain, under such restrictions as have been used in our sister colonies.
Throughly convinced of the patronage, support and care, with which this province hath been and continues to be fostered, cherished and protected by our most gracious Sovereign and indulgent mother country, we cannot altogether disappoint their reasonable expectations, and will therefore cheerfully contribute towards the general expences of government, what on mature deliberation we shall judge suitable to the circumstances of our constituents; which being well known to your excellency, we hope the present smallness of our quota may not be considered as the measure of our loyalty and affection to the most beneficent Prince in the world, o [...] of our attachment to our bountiful mother country. But we find great satisfaction in the prospect that through a continuance of the benevolent assistance and attention of the British Parliament, the gradual increase of property amongst us, from the returns of a produce valuable to the planter and beneficial to Great-Britain, will enable us in progress of time, to [Page 30] to make our proportion of the general supplies, an object of more importance than can at present be expected.
We are impressed with sentiments of gratitude for your excellency's assurance, that you will most dispassionately and cor [...]ially concur with us in framing such laws and ordinances, correspondent to the constitution of Great-Britain, as shall be found best to suit with our local situation. And we promise you [...] [...]ellency, that zealous as we are to preserve inviolate the liberties of the subject, we will ever hold sacred the rights and prerogatives of the crown.
The making laws for a community, at all times deemed a most momentous and important object, must now call forth our particular circumspection and most serious deliberation, at this alarming [...] of publick affairs, and revolt of the colonies; a revolt which we want words to express our indignation and abherence of, aggravated if possible as it is by their most wicked and flagitious perseverance therein, and by the most unnatural and detestable political a [...]hances, by which our rebellious fellow subjects seem quite left to every sense of gratitude and attachment to their merciful and most gracious [...]overeign, and beneficent mother country; having sacrificed to their ambitious views and misguided prejudices, their most sacred [...]ights, religious and civil, renounced their allegiance to the [...] and best of Kings, and done what in them lay [...]o demolish and [...] a constitution and empire, the envy, admiration and dread of surrounding nations, under which they had enjoyed the sweets of good government, without feeling the weight of its support and maintenance.
As one of the first steps leading to this unnatural revolt, wa [...] a refusal of the rebel colonies to Acknowledge the supreme right and authority of the British Parliament, to prevent as far as [...], any future contest on so just equitable a point, it was [...] us in the most publick and avowed manner, to [...] a [...]eg [...]ance to the blessed Prince on the throne, and the supremacy of Parliament; thereby establishing on the most solid foundation, our constitution, liberties and dependence.
We are full of acknowledgement to your excellency, for the favourable representations you have made to the King in your correspondence with his Majesty's principal secretaries of state, of the loyalty and attachment of the people of this province, to his Majesty's person and government. We trust and are persuaded your excellency's favourable reports of us and our constituents, will continue to be justified by our readiness on all occasions to assist your excellency by our personal services, and otherwise in the defence of this his Majesty's province; and that during the present arduous situation of publick affairs, surrounded as we are by enemies both foreign and domestick, we may lend our aid in an uniform and proportioned manner [Page 31] therein, a militia law will demand our early attention, as it will certainly be beneficial to the province.
We cannot omit this occasion of expressing our gratitude for your excellency's unwearied attention to the interests of this province, to his Majesty's service, and to the dictates of humanity, in the ready and effectual protection, assistance and countenance, which your excellency hath uniformly granted to such of the King's good subjects as driven by the rebels from the [...]abitations and properties in the adjacent provinces, took refuge under your excellency's wing, where they have never failed to find shelter, and which divers members of this house have experienced.
St. Augustine, April 2, 1781.
His Excellency the GOVERNOUR'S ANSWER.
I return you my sincere thanks for the sentiments of loyalty and duty to our most gracious Sovereign, expressed in your very acceptable address to me.
I am consistent that your regard to justice, and the constitution under which we live, will induce you to fulfil your engagements, by contributi [...] a quota towards the general expences of government proportionable to the circumstances of your constituents, which will accumulate with the crowing produce of the colony. Such grant will be a motive with his Majesty, to continue his paternal care and protection.
It has ever been with the [...] emotions of sympathy, that I have contributed all in my power to make this province a happy, asylum to those gentlemen, whose firm attachment to government, led them to relinquish their possession, and properties, rather than sacrifice their allegiance; and I am convinced that I could in no means better fulfil his Majesty's gracious intentions towards them. I only regret, that it could not be done to the extent of their merit, sufferings and distress.
St. Augustine, April 2, 1781.
NO. VIII.
GOVERNOUR TONYN'S SPEECH to both Houses of Assembly, at the opening of the second session in October, 1781.
The present alarming visits of affairs, when your advice and assistance may be wanted and useful, and the immediate advantages that must accrue to this province from enacting a few more salutary laws, are powerful motives with me, to call upon you after a short recess, to reassume the consideration of publick concerns, and to proceed to compleat, upon loyal and constitutional principles, such other provincial laws, as you shall think most wanted, and whose effects will be most beneficial to the province...
The framing laws for regulating the conduct of our fellow citizens, and our own, merits the utmost deliberation, being of the utmost consequence; and it is with peculiar satisfaction, that I perceive a precision and correctness in those that passed last sessions, which intitle you to my thanks, and to the esteem of the publick.
I was so full and explicit in my speech to you at the commencement of last session, and you in your address to me, were so expressive of your warmest attachment to our most gracious Sovereign, and the glorious constitution of government under which we live, that I shall not trouble you on the present occasion with new matter for your consideration. I only beg leave to recommend a retrospection to that speech, and to your assurances of recognizing the establishment of the crown in his present Majesty, the supremacy of Parliament, and of making such provision [...] for the internal government of the province, and of the empire at large, as is suitable to our present situation and circumstances, and as will in good policy recommend us to our Sovereign, and the generous people of the mother country, for the continuance of their protection and regard; and it is with particular satisfaction that I observed, that the laws of last session, bear evident marks of your loyalty and confidence in government, and your veneration and regard for the British constitution: and their salutary effects are now manifest in the state of the fortifications which are nearly compleated, and your readiness and adherence to the same principles by a vigorous opposition to any daring invader will, under providence, render us secure in the enjoyment of our most invaluable rights and priviledges, and honoured and revered by posterity.
St. Augustine, October 1 [...], 1 [...]1.
The ADDRESS of the UPPER HOUSE of ASSEMBLY.
We his Majesty's most dutiful and loyal subjects, the upper house of assembly of this his Majesty's province of East-Florida, in general assembly met, return your excellency our most hearty thanks for your speech to both houses.
We beg leave to assure your excellency, that we shall most cordially co-operate with your excellency in every measure that will contribute to his Majesty's service, and the interests of this province; and that whenever we take into consideration the grand object of legis [...]ation, we shall have these ends constantly in view, and as nearly as possible, conform to that most excellent constitution of the government of the mother country, and the spirit of those laws, which are the [...]oast and [...]lory of Britons...
The enacting laws for the regulation of the conduct of our fellow citizens and of our own, is indeed a most arduous task, a trust of the highest importance to the interest and happiness of the community; and requires the greatest deliberation and a most dispassionate temper, influenced by no other motive than that of the publick good.
It is highly pleasing to us, to receive in the publick manner your excellency has been pleased to express them, your excellency's thanks for, and approbation of, the laws framed in the first session of the general assembly; and what gives us peculiar satisfaction, is the consciousness that we have, in our deliberations, aimed at such accuracy and precision as the importance of the subject merited, and that we were and still are ambitious of promoting the true interests of the province.
We hope your excellency will do us the justice to believe, that we shall pay every attention to your excellency's speech to both houses, at the commencement of the last session, and to those assurances we then most sincerely made to your excellency in our address.
Your excellency must have perceived from inspecting the journals, that a bill was framed and passed this house, which we humbly apprehend did fully recognize the establishment of the crown in his present most sacred Majesty, whom God long preserve, as protector of our most invaluable rights and privileges, and the supremacy of Parliament; and recognizing at the same time, the great outlines of our rights and privileges, as British subjects; deeming them a mutual security to each other.
We are happy to find that your excellency is of opinion, that the laws of last session hear evident marks of loyalty, and of confidence in government, which are peculiarly necessary at this alarming crisis, when the wisdom and strength of all ought to be united and [Page 34] exerted for the defence of the whole. And it is with pleasure we find the fortifications in such a state, as will render this town, we trust, a safe retreat to the inhabitants of the province, in case of an attack from his Majesty's enemies, and give his Majesty's brave troops and loyal subjects, a confidence of success against any hostile invader.
His Excellency the GOVERNOUR'S ANSWER.
I return you my sincere thanks, for your address to me, and expressions of your loyalty to his Majesty, and attachment to the constitution and laws of the mother country; and for your assurances of chearfully co-operating with me in every measure that will contribute to his Majesty's service and the interest of the province: And I should be wanting in justice to yo [...]r zeal not to acknowledge, that your conduct and the journals of your house evince the sincerity of these assurances, and that you have been actuated by these principles: And I doubt not, gentlemen, that you will in your future deliberations, with a dispassionate temper, be influenced by the same principles, and study the same precision and accuracy in framing laws, which the importance of the subject merits.
It was with very singular satisfaction that I perceived, that a loyal and constitutional bill, recognizing the establishment of the crown, the supremacy of Parliament, and asserting the rights and privileges of the inhabitants of this province as British subjects, all naturally and firmly united, strengthening and supporting each other, had originated in and passed your house; and I have the utmost confidence, that so important and necessary a bill will meet with no obstruction in being passed into a law.
St. Augustine, October 19, 1781.
The ADDRESS of the COMMONS HOUSE of ASSEMBLY.
We his Majesty's most dutiful and loyal subjects, the commons house of assembly of his Majesty's ever faithful and loyal province of East-Florida, in general assembly met, return your excellency our hearty and warmest thanks, for your excellency's very judicious and acceptable speech, at the opening of the present session.
At this alarming crisis of affairs, it is our duty as well as incli [...]ation, to reassume the consideration of publick concerns, being called [Page 35] thereto by your excellency; and we assure your excellency of our best advice and animated assistance, when your excellency shal [...] judge either of them may be wanted or useful.
As the want of a [...]ew more salutary laws hath long been extremely felt, so we perceive with your excellency the immediate and great advantages, which must acc [...] to this province, by enacting such; and with the utmost alacrity and willingness shall we proceed to compleat, upon loyal and constitutional principles, such other acts as seem to be wanted, and of which the effects may prove most beneficial to the province; the framing whereof will merit and call forth our utmost deliberations, being of the greatest consequence to [...]s and our fellow citizens: And it is with peculiar satisfaction we find those passed last session, meet with your excellency's approbation.
Your excellency was so full and explicit in your well adapted speech at the commencement of last session, that we shall find sufficient matter for our present consideration, by a retrospection thereto. And though in our address to your excellency on that occasion, our sentiments were so fully declared, yet we are happy in every opportunity of repeating assurances of our warmest attachment to our most gracious Sovereign, and to the glorious constitution of government under which we live. We bear in mind and confirm to your excellency, our to me [...] assurance of recognizing the establishment of the crown in his present Majesty, the supremacy of Parliament, and of making such provision for the internal government of the province, and of the empire at lar [...]e, as may be suitable to our present situation and circumstances; and as we trust may recommend us and our constituents to our Sovereign, and the generous people of the mother country, for the continuance of their protection and regard.
We had particular satisfaction during the last session in evincing our inviolable loyalty and confidence in government, and our infinite veneration and regard for the British constitution; the law then passed hearing evident marks thereof: And we are happy to find the salutary effects of one of them, now manifest in the advanced and forward state of the fortifications, which are nearly compleated.
By a stedfast adherence to the same principles, and by a ready and vigorous opposition to any daring invader, we trust and hope, by the favour of Providence, to remain secure under your excellency's paternal care, participating the blessings and security attending the constitution and power of Great-Britain, which compose our most valuable rights and privileges; by a perseverance in the support and maintenance of which, your excellency's name will descend honoured and revered to posterity.
St. Augustine, October 18, 1781.
His Excellency the GOVERNOUR'S ANSWER.
The sentiments of loyalty and duty to our most gracious Sovereign, and the assurances of your firm attachment to the British constitution, so warmly expressed in your polite and affectionate address to me, are justly entitled to my sincere thanks; and they impress me with the most sanguine expectations, that mutual confidence and respect will subsist between the different branches of the provincial legislature, and that the publick business will be carried on with temper and harmony.
With these sentiments, and that disposition, I doubt not, that the result of our deliberations will be wholesome and constitutional laws, calculated for maintaining good government, and adapted to the circumstances and situation of the inhabitants, and be assured, gentlemen, that I shall with equal chearfulness assent to such laws as assert the just rights of the people, as to those that recognize the prerogative of the crown.
St. Augustine, October 18, 1781.
No. IX.
GOVERNOUR TONYN'S SPEECH to both Houses of Assembly, in January, 1782.
Mr. Speaker, and Gentlemen of the Commons House of Assembly.
Our most gracious Sovereign ever zealous to promote the interests and happiness of mankind, by extending the influence of pure religion and free government, upon the cession of this province to the crown of Great-Britain, was most graciously pleased to give to those, who should become inhabitants, the fullest assurances of protection in the enjoyment of all the rights and privileges of denizens of the realm of England, under a colonial constitution of government, resembling, as near as might be, the glorious constitution of the mother country, with authority to make laws, statutes, and ordinances for their internal government, to be confirmed or repealed by his Majesty's approbation of disallowance.
This province, by the blessing of God, having arrived at some degree of importance, agreeable to those assurances, and in obedience to his Majesty's royal instructions, I called last year a general assembly, and a provincial legislature was established.
Some constitutional laws, expressive of our loyalty, were enacted; [Page 37] the salutary effects of which are now visible in the fortifications, which, under the direction of Capt. Burrard, are nearly finished, and this town is thereby rendered in case of invasion, I trust, a secure asylum for the planters. The militia of the province is also established under proper regulations.
Sensible that you, gentlemen, are well acquainted with the situation of the province, the circumstances of the inhabitants, the attention due at this alarming crisis to our defence, and that your utmost endeavours will be exerted, to encourage and promote agriculture and commerce, I shall not be particular in pointing out objects for your consideration.
Let me only request, that you have a due regard to the obligations we are under to our most gracious Sovereign, for his paternal care of this infant colony, and to the Parliament for its bounty, in contributing so liberally to our support, protection and defence; and that we express our sense of those benefits, by a recognition of their respective rights, as well as by asserting our natural inherent birth rights, as denizens of the realm of England; thereby endeavouring to render the happy union incontrovertible and lasting.
There just acknowledgments ought the more readily and chearfully to be sanctioned by an act of the provincial legislature, because from the whole tenor of our most gracious Sovereign's conduct, we may have the utmost confidence in his most sacred regard to the rights of mankind, and the liberties of his subjects, in every part of his extensive dominions.
You know, gentlemen, that considerable expences were incurred by the last general assembly, and that immediate provision ought to be made for discharging them. Desirous of rendering the fortifications more formidable, I applied to the planters for their assistance; and they have readily complied with my requisition, at a great expence to themselves.
In framing a tax bill, I have no occasion to suggest the justice and good policy of contributing our quota, according to our circumstances, for defraying the expences of the empire at large; as by an happy and lasting union, and dependence thereon, this province can alone hope to become flourishing and prosperous; and such contribution, however inconsiderable, I will venture to say, our most gracious Sovereign will receive as a mark of our regard to justice, and expressive of our gratitude to them, and affection for our mother country.
With the deepest sympathy, let me call your attention to the unhappy situation of his Majesty's loyal subjects in the neighbouring colonies, who groan under the calamities and horrors of civil war. This worst of evils, by the blessing of God, hath been, and I trust will continue, remote from us. Did our circumstances and abilities correspond with our feelings for those distressed loyalists, they would [Page 38] soon find relief; and this province would have an accession of many valuable settlers, and we an additional security.
His Majesty, sensible of the oppression exercised by the tyranny of usurpers over those loyalisits, who with a truly landable fortitude, in spite of the cruel [...]est persecution, adhered to their a [...]egiance, was graciously pleased, on the commencement of this unnatural rebellion, to [...] me to give every encouragement and protection to refugees resorting to this province, as an asylum; and to grant them either unappropriated lands, or for their further convenience to parcel out for immediate settlements such tracts as had formerly been run out in obedience to his Majesty's orders in council, and remain uncultivated; many grantees, contrary to justice, and regard [...], of the terms of the royal grant, not having formed and settlements on their respective lands, by which means his Majesty's gracious intentions, in speedily sett [...]ing the colony, have been in some degree disappointed, the royal revenue deprived of the sources that might have been expected, and this province retarded in its growth.
You will, gentlemen, be pleased to consider the propriety of making a provincial law, corresponding; with his Majesty's gracious intentions, to alleviate the [...] of his loyal subjects, and to render this province a comm [...] asylum, where they may enjoy the sweets of health, case and plenty; and be assured, no encouragement on my part shall be wanting.
Your religious sentiments will lead you early to the consideration of establishing a publick worship and a ministry, upon the most liberal principles of toleration, consistent with the excellent constitution of the church of England.
It is with concern that I view the ruinous condition of the parochial church in this town. I have appropriated some money, from the funds granted by Parliament, for the contingencies of this province, for its repairs; but the desire of having a suitable [...] for such important duty, induced me to postpone them, until a further fund should be provided; and I look for your assistance thereon.
In the fullest expectation, that the several branches of the provincial legislature will carry on publick business with harmony and mutual confidence, I am happy to meet you in general assembly. Be assured, genetlemen, I shall most heartily concur with you in every measure, that will contribute to the good of his Majesty's service, and the interests of this province.
PATRICK TONYN.
St. Augustine, January 21, 1782.
The ADDRESS of the UPPER HOUSE of ASSEMBLY.
We his Majesty's most dutiful and loyal subjects the upper house of assembly for this province, in general assembly met, ret [...] [Page 39] your excellency our most hearty thanks for your speech to both houses.
When we compare our happy situation, as to pure religion and free government, with the state of other nations and people, we are impressed with the warmest sentiments of piety to an all directing Providence, and of loyalty and gratitude to our most gracious Sovereign, for those inestimable blessings. And we most sincerely implore the protection of Heaven, to preserve his Majesty's [...]oval person, to direct his councils, and grant success to his arms, in securing to his loyal, and restoring to his deluded subjects, those blessings, and extending to other nations their happy influence.
This province, by the blessings of God, under the fostering care of our most gracious Sovereign, and from the unwearied attention of your excellency to its truest interests, is of some importance to the mother country, and yields grateful returns, for the sums expended on its settlement; and we doubt not, that under the same favourable anspices, and with the advantage of a provincial legislature, it will proceed to maturity with accelerated progress.
It is with very great satisfaction, that we p [...]recive the fortifications of the town strengthened by the attention of the Capt. Burrard, and that the inhabitants have contributed to amply to this very essential part of his Majesty's service; as this town i [...] thereby rendered, we trust, as safe asylum for the country inhabitants, in case of necessity: and as the chearful and ready assistance of the planters will be to his Majesty, a pleasing testimony of the loyalty of his subjects of East-Florida.
In all our deliberations in a legislature capacity, we shall have in view, the obligations this province is under to our most gracious Sovereign, and to the Parliament and people of Great-Britain, for their bounty, in contributing so amply as they have done, towards our support, protection and defence. We deem the interest of this colony so intimately connected with, and dependent upon GreatBritain, that we shall use our utmost endeavours to render its union close, permanent and lasting, as the forest means of our becoming prosperous and flourishing.
Actuated by the principles of justice, gratitude and found policy, we shall most readily concur with the other branches of the legislature, in recognizing the legal and parliamentary authority, and our civil and religious rights, as subjects and denizens of the realm of England, thereby rendering them as far as lays with us, incontrovertible; and in contributing according to our circumstances, as a most reasonable t [...]bute, our quota towards the support of the empire at large.
It is with the deepest a [...]ction and sympathy, that we hear of the distress of his Majesty's loyal subjects, who still [...]roan under the [...] and calamities of civil war; and we [...] to assure your excellency, that we shall early take into our consideration, the [Page 40] most effectual means of promoting his Majesty's most gracious intentions towards distressed loyalists, in rendering this province a commodious retreat to them.
Sensible of the advantages of publick worship, and the cultivation of piety and good morals in every community, and that the present ruinous state of the parochial church is prejudicial to these, we shall likewise take into our consideration the recognizing a publick worship and a ministry, upon the most liberal principles of toleration, conformable to that most excellent constitution of the church of England, which so perfectly harmonizes with the free constitution of our government; and we hope means will immediately be adopted, for effecting a thorough repair of that edifice, and rendering it suitable to so pions a purpose as that of religious worship.
Fully persuaded that mutual harmony and confidence are absolutely necessary in carrying on publick business, we beg leave to assure your excellency, that we shall maintain and promote them to the utmost of our power, and do with pleasure look forward to their beneficial effects.
His Excellency the GOVERNOUR'S ANSWER.
I return you my hearty thanks for your polite address to me, and the assurances you are pleased to give of your early attention to the important objects I took the liberty of recommending to your consideration; and I am confident you will use your utmost endeavours to fulfil the same.
The ADDRESS of the COMMONS HOUSE of ASSEMBLY.
We his Majesty's loyal and dutiful subjects, the commons of East-Florida, in general assembly met, beg leave to return your excellency our unfeigned and sincere thanks, for your affectionate speech to both houses, at the opening of the present session.
Impressed with a lively sense of the happiness and freedom we enjoy, under our most gracious and benevolent King, and the most liberal system of government on earth; we cannot better express our loyalty to the one, and attachment to the other, than by assuring your excellency, that it will be our earnest and constant endeavour to act in all things as becomes dutiful subjects.
We have much satisfaction in the prospect of this colony, [Page 41] growing into some degree of importance, which we are convinced will be greatly advanced by the introduction of many necessary provincial laws, the want of which hath been long and severely felt by the inhabitants of this province.
We are happy to be informed by your excellency, that the fortifications about this town are nearly compleated. In the present critical situation of this province, nothing is more to be wished than that they were entirely so. We agree with your excellency, that the provision made by the last general assembly for this purpose, was a very heavy tax upon the proprietors of negroes.
Permit us to repeat to your excellency, our firm determination to act on all accasions becoming a loyal and grateful people.
Deeply impressed with the obligations we owe to our most gracious Sovereign, for his paternal care of this infant colony, we will most chearfully concur with your excellency in every constitutional recognition of the rights of the crown, consistent with the natural inherent privileges of the people.
Your excellency is pleased to express a confidence [...] knowledge of the situation of this province, and the circumstances of its inhabitants; which we will endeavour to merit, by exerting our whole attention at this alarming crisis for the defence of the province, and for the preservation of its union with the empire of Great-Britain.
In framing a tax bill, your excellency may be fully assured, that we shall give the requisition of contributing to the expence of the empire at large, the attention and deliberation due to a matter of so great moment: convinced of the justice and right of our venerable mother country, to demand a proportionable aid from all her colonies and dependencies, we have only to lament that our ability is not equal to our inclination, and that our mite must of necessity be so small, as hardly to be felt or acknowledged. Thus disagreeably circumstanced, we depend upon your excellency's known humanity and benevolence, to represent the good disposition of us and our constituents, to comply as far as in our power, with all his Majesty's expectations.
We sincerely join your excellency in sympathizing with our distressed fellow subjects in the neighbouring colonies, and we are sorry our circumstances and abilities do not correspond with our feelings, and are not adequate to their distresses; so far as respects the large uncultivated tracts of patent lands in this province, we will give your excellency every constitutional assistance, to make them, commodious for settlers of the foregoing description.
We are apprehensive that the large demands, which we shall have to make upon our constituents for the internal regulation and defence of the province, will for the present put it out [...] of our power to add to the fund your excellency has so piously set apart, for the purpose of repainting the parochial church in this town.
[Page 42] We shall take into serious consideration the establishment of publick worship and a ministry, consistent with the excellent constitution of the church of England; and shall in all these things concur as far as possible with your excellency's wishes.
It shall be our particular study to conduct the business before us with the utmost circumspection, and we cannot doubt from experience of receiving every assistance in your excellency's power to promote the welfare of this province.
His Excellency the GOVERNOUR'S ANSWER.
I return you my sincere thanks for your address to me; and I an happy at the assurances you give me of your intentions, to act as become the subjects of a Sovereign, who is the guardian and protector of the rights of mankind, and enjoying the blessings of a free government.
Impressed with sentiments of loyalty, and a due veneration for the happy constitution under which we live, salutary effects to this province may be expected from your deliberations.
A few local laws will be of service, as that excellent system of jurisprudence, the laws of England, which we have hitherto enjoyed in their fullest extent, is not in all cases suited to the circumstances of infant colonies; and the application of them, must depend upon the decisions of the courts of justice.
The zeal and alacrity with which the planters have contributed to render the fortifications of this town respectable, deserve the highest commendations: in justice to them, I have represented the same to his Majesty's secretary of state.
As a few outworks only are wanting to render the fortifications compleat, I am happy from the sentiments of your address to expect your assistance in constructing them; and the more readily, as they will prove a great additional security to the province.
I have ever represented to his Majesty's secretary of state, in the strongest terms, the loyalty and attachment of his Majesty's subjects of East-Florida; and I flatter myself that your conduct in a legislative capacity, will evince the truth of my assertions, and that you are a loyal and greatful people.
The distresses of many of our fellow subjects in the neighbouring colonies, are indeed great, and their wants such as we cannot altogether supply; those who come here, may be assured of every assistance and support in my power, and of fertile lands fit for producing [Page 43] grain and naval stores, to form settlements exempt from quit rents for ten years.
I am sensible that the expences incurred already, will be heavy on your constituents for the ensuing year. The state of the parochial church is become so ruinous, as to render it unfit for publick worship and religious ordinances, the discharge of which is so essential for the morals of the people. I shall therefore set about such necessary repairs, as the small fund in my hands will admit of.
The framing of laws in an object of the utmost importance, and merits clearness, precision and circumspection.
St. Augustine, January 25, 1782.
No. X.
In June 1782, the following message was sent to each house, accompanied with the letter thereunto annexed.
It is with the deepest concern, I have the honour of laying before you, a letter from Lieutenant. General Leslie, commanding his Majesty's troops in the southern district, and conveying to me the Commander in chief Sir Guy Carleton's express directions to him, for the evacuation of this province by his Majesty's troops, and such loyalists as are desirous of with-drawing with them. As this is of the most weighty and important consequence to his Majesty's faithful subjects, I take the earliest opportunity of communicating it to you.
St. Augustine, June 18, 1782.
Lieutenant-General LISLIR'S letter, referred to in his Excellency the Governour's message.
I take the earliest opportunity of acquainting your excellency, that I was yesterday honoured with a letter from Sir Guy Carleton, containing his express directions for my withdrawing his Majesty's troops from the town of St. Augustine and its dependencies: the execution of which resting with the military officer in command there, I have to him sent instructions for that purpose; but I thought it necessary, at the same time, to give your excellency the first notice in my power of a measure, which so essentially affects yourself, and the King's loyal subjects committed to your charge; to provide for [Page 44] [...] and accommodation on this distressing occasion, I am happy to assure you has been an object of prime consideration with the Commander in chief; by whom I am directed to extend every proper attention and assistance to your excellency, your follower, and such of the inhabitants whom you may think fit to recommend. And as I have communicated these instructions to Brigadier-General Clarke, I am confident you will meet from that officer, every attention, which your situation and wishes can demand.
It may be necessary I should add, that your excellency may make arrangements accordingly, the transports which are to take off the loyal inhabitants and [...] of St. Augustine, may be expected dany with you.
The joint ADDRESS of the UPPER and COMMONS HOUSE of ASSEMBLY, to the GOVERNOUR.
We his Majesty's most dutiful and loyal subjects, the upper and the commons house of assembly of this province, in general assembly met, return your excellency our cordial thanks for your early communication of the Hon. Lieutenant-General Leslie's letter, [...]nating that the Commander in chief had given express directions for the withdrawing his Majesty's troops from the town of St. Augustine and its dependencies; and that transports may be daily expected, to carry off your excellency, your followers, and such of the inhabitants whom your may think fit to recommend.
Upon to every extraordinary and alarming an occasion, we conceive it our duty, with deference, but at the same time with the freedom and candour that becomes the representatives of a free people, to express our own sentiments, and what we are convinced are the sentiments of the inhabitants at large.
We beg leave to represent what must be well known to your excellency, that this province consists entirely of loyal subjects. many of whom being refugees from the neighbouring colonies, have given the strongest proofs of their attachment to government, by quitting their former habitations and all their property, rather than forego their allegiance; and that the whole have upon every occasion, with the greatest [...]rity, contributed by every means in their power towards the support of government, and the defence of the province.
We must also remind your excellency, that this province hath been held out as an asylum for the well affected in the other colonies; [...]o resort to, where they might expect every protection and assistance; [Page 45] which assurances your excellency, in your proclamations, sanctioned with the legal authority, and which we have to this moment fully experienced.
It is equally necessary that we represent to your excellency, that the loyal inhabitants who may be enabled to embark, must depart this province divested of their property, and in a state of the greatest indigence be obliged with their families to look out for new habitations, or become burthensome to that government, which they have ever [...], to the utmost of their power; and those inhabitants who are obliged to remain, must be in the most deplorable and distressed situation, without government, laws or arms, surrounded on all hands by enemies and savages, and exposed to the de [...]edations of every lawless banditti or hostile invader.
Under all the above circumstances, we earnestly solicit your excellency to acquaint us, whether you mean to embark with the king's forces, thereby to abdicate the civil government. And at all [...], we most humbly request your excellency to apply to the commanding officer here, for such provisions and military stores as may enable [...]s to make a defence, until we can receive further succour; and that your excellency will be pleased to lose no time in making the like application to the Commander of the southern district. But in a more particular manner, we most earnestly intereat your excellency, as you regard the welfare of the inhabitants of this province over whom you have long happily presided, that you will be pleased to make the most immediate and full representation to his excellency Sir Guy Carleton, of the deplorable situation we must soon be reduced t [...], and use your utmost endeavours and influence to obtain a counter [...]d of the present orders; and in case the troops should actually be [...]moved, that he may as soon as possible afford some protection, by sending a military force here.
- By order of the Upper House, JOHN MOULTRIE, President.
- By order of the Common House, WILLIAM BROWN, Speaker.
His Excellency the GOVERNOUR'S ANSWER.
I thank you for your very loyal and spirited address to me, upon the al [...]ming occasion of the removal of the King's troops, and the prospect of my being instructed to leave East-Florida.
I have as yet received no [...] royal mandate.
Unfortunately the [...] by the [...] from England [...], [...] lost; by which means I remain in the dark.
[Page 46] I am sensible of the deplorable situation to which the loyal inhabitants of this province must be reduced, without arms and mlitary stores for our defence; and I shall most warmly recommend to the respective commanding military officers, that we may be supplied with some; and shall not, without a positive instruction, or the most absolute necessity, think of giving up to a state of anarchy, his Majesty's subjects, who have so faithfully manifestted their attachment to their Sovereign and the British government, as you, gentlemen, and the inhabitants, upon every occasion, have some.
St. Augustine, June 19, 1782.
Upon this, both houses came to the following resolutions.
Resolved, That in the present alarming situation of affairs, when the inhabitants expect his Majesty's troops, and garrison to be removed from hence, it behoves them to take every step for their defence.
Resolved, That this house will support his excellency the Governour with their lives and fortunes in the defence of this province, and in preserving it to our most gracious Sovereign.
Resolved, That the clerk of this house do forthwith furnish his excellency the Governour with a copy of these resolutions, that he may have the earliest notification of their assurances.
Both houses likewise prepared a joint address to the King, which was as follows.
To the KING'S Most Excellent Majesty.
The humble Address and Petition of the Upper House and the Commons House of Assembly, of this your Majesty's province of East-Florida, in General Assembly met.
We your Majesty's ever faithful, most dutiful and loyal subjects, the upper house and the commons house of assembly of this your Majesty's province of East-Florida, in general assembly met, on behalf of ourselves and constituents, under the immediate appr [...]h [...]n [...]ion of the most dreadful of all calamities, that of anarchy, presume with all humility to lay at the foot of the throne, this dutiful address and petition.
With the warmest sentiments of gratitude, we [...] leave to return your Majesty our thanks, for that paternal care and royal bounty, uniformly afforded us, from the cession of this province to your Majesty's crown and dominions till this moment; and we are [Page 47] truly sensible, that from the blessings and Advantages we have hitherto enjoyed under your Majesty's mild administration of civil government, and from the protection of your Majesty's arms, we have been rendered happy, and the province hath become flourishing.
We persume, [...]ire, at the same time to affirm, that your Majesty's colony of East-Florida is altogether inhabited by men most firmly attached to your Majesty's sacred person and government, which they have ever manifested by chearfully and voluntarily tak [...] up arms, whenever it became necessary for the defence of your Majesty's province; and that a vast proportion of them consists of persons who have taken refuge here in consequence of proclamations, (fanctioned by royal mandate [...],) issued by your Majesty's Governour, holding [...] that they should find in East-Florida, besides other advantages, a secure and safe [...] against the cruelties of their unrelenting enemies, which they have hitherto most amply experienced. This being the state of your Majesty's colony, they presume to look for a continuance of that protection and regard, which faithful subjects [...] themselves entitled to; and they conceive that some discrimination ought to be made betwixt them and those colonies, where a large proportion of the inhabitants, regardless of their allegiance, have rebelled against your Majesty.
To our utter astonishment and confusion, however, and under a distress not to be expressed by words, we discover by a message received from your Majesty's Governour, accompanying a letter from the Hon. Li [...]uterant General Leslie, that your Majesty's troops are to be immediately withdrawn from the province, together with the military stores, &c. and that transports may be daily expected to carry off your Majesty's Governor, his followers, and such loyal inhabitants as may chase to embark.
On so very alarming an occasion, when we have such dismal prospects before us; when we may soon expect to be deprived of all protection, government and laws; when those who may be enabled to embark, must be under the cruel necessity of reli [...]quishing the [...] property, and consequently must depart indi [...]nce, and become a [...]urthen to that government, which they have hitherto supported to the utmost of their power; and when those who remain, will be left altogether [...], [...] [...]unde [...] by banditti, [...], savages, and enemies of every [...] [...]phere [...] [Page 48] with that reliance which supports men confident of success; and most earnestly solicit our Sovereign to [...] his immediate aid and protection to men, who trust they are stilldecmed subjects of the British empire, and flatter themselves they are entitled to the peculiar regard of their Sovereign; and being so entitled, are certain of receiving it at his royal hands.
No. XI.
The colonists from Minorca, settled in the neighbourhood of St. Augustine, on this occasion presented the following Address to the Governour.
We his Majesty's most dutiful and loyal subjects, truly sensible of the ma [...]y blessings we enjoy under the British constitution and government, and deeply impressed with sentiments of gratitude to our Sovereign and your excellency, for the parental care taken of us under your excellency's mild, just and wise administration, beg leave to offer you our thanks for your humanity and goodness to us, since we were lucky enough to come under your excellency's wing.
We are much concerned to hear that Sir Guy Carleton, the Commander in chief in America, has sent express directions for the evacuation of this province, by his Majesty's troops and such loyalists as may ch [...]se to depart this country; and we most sincerely condole with your excellency upon this melancholy occasion; but we still have hopes, and pray to God, these orders may be countermanded.
Happen what will, we beg leave to assure your excellency in the most solemn manner, that we are determined, individually and collectively, with our persons and property, which property we have honestly earned, chiefly through the aid and assistance of your excellency, to do our utmost endeavours, should the same be thought necessary, to repel any force whatever, that may come against this province, and to protect your excellency our best benefactor.
Should an evacuation actually take place, we shall always, lament the dire necessity which must occasion it; and we shall ever pray that our Sovereign, his subjects and particularly your excellency, may flourish and be happy in this world, and the world to come.
St. Augustine, June 25, 1782.
His Excellency the GOVERNOUR'S ANSWER.
I thank you for your address to me, so expressive of your sentiments of loyalty, and your sense of the blessing, you leave enjoyed, [Page 49] under the British government, and of your warm attachment to me.
It gives me very great pleasure, to be the means of rendering an honest and industrious body of men, good and loyal subjects to his Majesty, and useful members of the community; and I hope by your honest industry, you will continue to be such and prosperous; and be assured, that every protection and assistance in my power shall ever be given to persons so well affected to the British government and constitution, as I have every reason to believe you to be.
St. Augustine, June 25, 1782.
No. XII.
On the arrival of the preliminary articles, both house joined
[...]n the following address to the Governour.
We his Majesty's most dutiful and loyal subjects, the upper and the commons house of assembly, in general assembly met, conc [...]iving it a duty to ourselves and constituents, to prepare an address to the throne upon the distressed state, to which the inhabitants will be reduced by the cession of this province to the crown of Spain, flatter ourselves that your excellency, from your constant and unwearied attention to the interests and welfare of his Majesty's loyal subjects, will be pleased to transmit the same by the earliest opportunity, to be laid before the King.
- By order of the Upper House, JOHN MOULTRIE, President.
- By order of the Commons House of Assembly, WILLIAM BROWN, Speaker.
His Excellency the GOVERNOUR'S ANSWER.
Mr. Speaker, and Gentlemen of the Commons House of Assembly
I am exceedingly happy that you have thought fit to address his Majesty, upon the distressed state to which the inhabitants will be reduced, by the cession of this province to the crown of Spain.
I am confident every possible [...], consistent with justice, may be expected from that loyal [...], which hath been constantly exerted towards the inhabitants of this proviu [...]; [...] upon government, is perfectly correspondent with those principles of [...] loyalty, which during the [...] of a long and [...] [...], and at a [...] of general [...] we have [...].
[Page 50] I shall by the packet transmit your address to his Majesty's principal secretary of state, to be laid before the King.
I return you my hearty thanks, for the favourable opinion you are pleased to express of my attention to the interests of this province; that I have ever considered as the In [...] basis upon which to establish my reputation, and as the surest means to recommend me to the loyal favour of my Sovereign.
St. Augustine, May 1, 1783.
The following is the Address to his Majesty, which accompanied the above.
To the KING'S Most Excellent Majesty.
The humble Address of the Upper and the Commons House of Assembly of the province of East-Florida, in General Assembly met.
We your Majesty's most dutiful, loyal and ever faithful subjects, the upper house and the commons house of assembly of this your Majesty's province of East-Florida, in general assembly met, at a time when it is fixed that they, as the representatives of the people, must soon for ever be disolved; when the political existence of the inhabitants as a body, is drawing to a speedy annihilation; at such a moment, the most critical they have hitherto experienced, they presume once more to approach your royal person.
Amidst the vicissitudes incident to a long and calamitous war, your Majesty's faithful subjects in East-Florida, strengthened from time to time by addition of virtuous men, breathing the same spirit of loyalty, trusted that by the protection of your Majesty's troops, the unwearied attention of your Majesty's Governour to the interest of the province, and their own exertions, they would be able, as the event has proved, to repel the attacks of your Majesty's enemies, during its continuance; and con [...]iving the resources of the nation to be great, they also trusted that men, the favourites of fortune, would at last be brought forward, equal to the [...] of conducting your Majesty's powerful fleets and armies to sure and certain victory; and your Majesty's faithful subjects were encouraged in these their sanguine expectations, when they preceived the gallant Lord Rodney triumphing over your Majesty's enemies in the West-Indies, and the noble defence made by General Elliot against the formidable attack of the other branch of the House of Bourbon: These, added to the brilliant successes in the East, induced your Majesty's subjects here to hope, that at a moment when fortune seemed to [...] upon your Majesty's [...] in all quarters, a peace more upon the principles of reciprocity, might have taken place, and that in this the day of it, they [Page 51] would have continued to enjoy the fruits of their industry and improvements, with this secret but satisfactory reflection, that they had to the best of their abilities, faithfully discharged their duty to their King and country, during the continuance of the contest.
Whilst with admiration we perceived your Majesty's condescension in gratifying the wishes of your people, even at the expence of the dismemberment of the empire, your Majesty's subjects here felt themselves much disappointed at the event; as they had humbly presumed to entertain an idea, that as the strength, so the grandeur of the parent country, greatly depended on keeping the whole dominions entire; in the support of which idea, they ever were ready to assist with their lives and fortunes. Time must discover, and they trust they will be convinced by it, that the mother country, notwithstanding the separation, will continue her consequence in the class of nations.
Whatever may have been the true causes that induced your Majesty's servants to conclude a peace, which places your Majesty's loyal American subjects in so humiliating a situation; whether the distresses of the nation made it necessary, or the politics of the day brought it forth, we beg leave to assure your Majesty, that as it is a plain and undisguised truth, that no success can change vice into virtue, so your Majesty may rest convinced, that the most grievous misfortunes will never shake integrity supported on the basis of fixed principle; and we trust the day will come, when our struggles in the cause of loyalty and the constitution, will command the esteem of all ranks of men in Great-Britain; and that when party and faction die away, calm and dispassionate reason will rise up in their stead. At a juncture, when we must soon expect to be deprived to those most inestimable of all blessings, during our stay here, that of protection in our lives, liberties and properties, under the mild and lenient administration of a British government; at a juncture, when the inhabitants must soon determine either to live for a time under a government in the hands of the natural enemies of their country, or abandon their territorial possessions, improvements and houses, many of them just finished and purchased with the small wreck of their effects saved at the evacuation of Carolina and Georgia, to seek another asylum, and that not pointed out, nor the means of conveyance; when we have also to dread the resentment of savages enraged by disappointment, and governed by those passions only, revenge and cruel [...]y, incident to human nature unrestrained by civilization; when we are to depend upon recommendations from one body of inveterate and unrelenting enemies to other bodies of the same class of men, for a restoration of our paternal and other estates in America, ruined and laid waste in most instances, and seized for no other cause but for manifesting our zeal for and attachment to your Majesty, and that glorious constitution of government, to which we are and always have been firmly wedded: At such a juncture, inclination as well as duty dictate to us to address our Sovereign, in behalf of ourselves and our virtuous fellow sufferers; and [Page 52] at the same time, that we request he will be graclo [...]y pleased to accept of our strongest assurances of continued and unshaken attachment to his sacred person, also humbly to intreat, that he will cast his eyes towards, and lend a favourable ear to, their sufferings and heavy losses of property, past and present; property, they conceive given up to answer the purposes of the nation; and also that some relies may be afforded those unfortunate families, whose fituation and want of money must compel them to continue for a while here. That the remainder of your Majesty's regin, may be long prosperous and happy, is the sincere and earnest prayer of the legislature and loyal people of East-Florida.
- By order of the Upper House, JOHN MOULTRIE, President.
- By order of the Commons House, WILLIAM BROWN, Speaker,
NO. XIII.
In March 1784, the following joint Address of both Houses to the Governour, closed the business of the legislature of East-Florida.
We his Majesty's loyal and ever faithful subjects, the upper house and the commons house of assembly, in general assembly met, request your excellency to accept our thanks, for the gratification your afforded the publick, by your early communication of the interesting intelligence by the packet, contained in your excellency's proclamation, and in the correspondence of the right honourable Lord Hawke with his Majesty's ministers.
It affords us great consolation to find, that every possible attention will be paid us, in whatever situation we may be placed; and that it is the inclination of his Majesty's servants, to afford us every relief, which they have in part manifested, by the supply of shipping, and other advantages we are to receive; for which, we request your excellency will be pleased to return our most cordial acknowledgements; perfectly satisfied at the same time, that to your excellency's good offices, and just representations, we must be in a great measure indebted for the intended assistance. We beg leave to assure your excellency, that your unremitted attention on all occasions, to the interest and welfare of the inhabitants of this over loyal colony, has made a deep and lasting impression on our minds; and during the distressful scene we are soon to experience, we are convinced your excellency will enjoy the pleasing reflection, that every thing on your part was done to avert the blow, and being disappointed in that, to soften the misfortune.
[Page 53] We should be greatly wanting in sentiments of gratitude, were we not in the fullest manner, also to acknowledge the great attention, that has been paid to our interest and concerns in Great-Britain, by the right honourable Lord Hawke, and the other members of the committee of East-Florida proprietors; and also to the other noble characters, who humanely interested themselves in our behalf; by which they have fully shewn, that they largely posses those benevoient principles, so inestimably valuable, and that are the greatest ornaments to an exalted character.
Confident that absence will no wise abate your excellency's regard and affection for his Majesty's loyal subjects, who long experienced the invaluable blessings of a mild and free administration of [...] government, under the auspices of your excellency; we beg have to draw your attention, and engage, we hope, your zeal in our [...]; and as ours is the cause of justice and humanity, so are we sure of support from your excellency.
The time being [...] at hand, when this country is to undergo so great a change; when it is to be yielded up, 'and the sovereignty to be transferred to a foreign crown, and the British constitution and government to be disolved; we should be greatly wanting to our constituents, were we not to make a few remarks on our present very peculiar situation.
It must be recollected that this province, being ceded to the imperial crown of Great-Britain, at the peace of one thousand seven hundred and sixty three, our most gracious Sovereign, as an encouragement for his subjects to settle in East-Florida, was pleased to issue his royal proclamation, declaring amongst other things, that the inhabitants should enjoy all the privileges of British subjects, and every protection in their persons and proprrty; and your excellency, no doubt instructed by his Majesty's servants, by repeated proclamations, invited the loyal inhabitants from the revolted colonies, to resort to East-Florida, as a secure and safe asylum; and we were also assured, that in all possible situations the utmost attention and regard would be paid to their welfare and safety; under all which encouragements and assurances, his Majesty's province of East-Florida had arrived at some degree of opulence, and began to be in a flourishing state.
It is also well known to your excellency, that the inhabitants of East-Florida, ever conceiving it one of their chief blessings to be deemed a part of the British empire, have uniformly, with chearfulness and alacrity, been ready to support with their lives and fortunes, that nation, and that community, of which they are a part, and to contribute their mite towards the national support; and being always [...]ends to under and [...] government, they have constantly and at every period, acknowledged that supreme uncontroulable [...] must exist [...] here in every state, to be lodged in the [...] and [...] of [...] and during the [Page 54] course of a long war, they have at all times, and upon all occasions, assisted to the utmost of their power, in defending that part of the empire, where it was their lot to be placed; viewing a mismemberment, as the greatest of all possible political evils that could befal them. With these sentiments most powerfully prevailing, and still. wedded to that favourite principle, a subordination to legal government, they do with readiness admit, that our most gracious Sovereign, armed by the constitution with the power of making war and peace, and the necessary of the state, and the publick interest no doubt requiring it, had an indisputable right to dismember this province from the empire; and to this measure we submit, as it is our duty to do to every constitutional act of government, done by his Majesty, and sanctioned by his parliament; and being by this act of government reduced to this alternative, either to remain and forego our civil rights, as British subjects, and at the same time to become apostates in religion, or quit our comfortable and valuable settlements and property; we, as a matter that requires little reflection, chuse the latter, and shall forth with prepare to withdraw to some other part of our Sovereign's dominions. But at the same time we beg leave to put your excellency in remembrance, that this dismemberment not being chargeable to any vicistitudes accruing in the course of the war, nor to any internal convulsions occasioned by insurrection or revolt, nor to the political or natural wishes of the people; nor being sensible of having done any crime, for which we ought to be deprived of our property, or for which it ought to be given up to a foreign power; and the war not being chargeable to any particular fault of ours, but on the contrary, having ever during the storm, acted the part of faithful members of that nation, of which we are a part; we conceive, and we trust our conceptions are founded on the firm basis of constitutional principles, supported by the doctrines that have been adopted by mankind for the conduct of nations in similar cases, that as we are obliged to forego our property, and it is thus annexed to a foreign power by an act of state, and must have been coded for the good of the nation, we ought to bear no more than our proportion of the loss, and consequently will receive compensation.
It may perhaps be alledged; that the sovereignty only of EastFlorida being coded, our territorial property is not thereby transferred, but remains to the British proprietors becoming subjects to his Most Catholick Majesty, or otherwise for sale to the natural subjects of Spain; in answer to which sophistry, should any such be advanced, we beg leave to ask if it can possibly be supposed, that a people so renowned for national honour, publick faith, and liber [...] sentiment, and enjoying the most desirable constitution of government in the world, could intend to compel her most faithful colonists and adherents, to exchange all their natural and me [...]imable priviledges as Britons, for the domination of Spain; to their [...] [Page 55] éxclusion from the benefits of future industry, in the pursuits of agrïculture and commerce, notoriously subject to such discouragements and restrictions in the Spanish dominions, as to us appear intolerable; the general tendency and natural effect of which seem also to preclude the hope of purchases for the numerous valuable plantations and settlements formed in this province, under a British government; on which subject our apprehensions are co [...]roborated from a consideration of the immense tracts of superior natural fe [...]tility, remaining waste and uncultivated in all the Spanish American territories. Or further, can it be imagined, that our parent country, (where so much blood has been shed in the cause of religion, and of the protestant succession,) will expect [...]er most faithful, and we trust conscientious East-Florida colonists, to sacrifice their principles both religious and political, to temporal considerations, were the objects even attainable thereby; we humbly conceive so rigorous and cruel an alternative never was intended to be imposed on us, which seems apparent from there being a period stipulated, and means provided for our emigration.
But while we have the fullest confidence in the justice and honour of our parent country, we feel for the numerous individuals, who either from poverty, infirmities or former losses and mi [...]fortunes, cannot resort to Great-Britain, to solicit their just claims in person, as we understand is at present required by the commissioners appointed to enquire into the losses and services of the American loyalists; and who, should the adjustment be delayed, must undergo great distress in addition to their present and past sufferings, and after all their personal and other services and assistance, given either in defence of this province, or in other parts of America, during the continuance of a tedious war, they at last will be involved in ruin. We therefore call upon your excellency, who no doubt must sympathize with them, and whose humanity must already be awakened, to become their advocate; and as your excellency can bear testimony of their zeal, attachment and unshaken loyalty, we make no doubt, disposed as his Majesty's servants and ministers are, that every attention will be paid to any application you may think proper to make in their behalf.
As at the expiration of a given time, such part of the immoveable property as cannot be sold, must be altogether abandoned, we conceive it is a clear and self evident position, that his Catholick Majesty's subjects, if disposed to purchase, will not, under such circumstances, give a price equal to the value of the property transferred; and as individuals; will rather [...] on the justice of parliament, than dispose of their estates [...] a sum greatly under their value, should an idea prevail that [...] sale will [...] them from further [...]: we [...] [...] [Page 56] the nation, that a commissioner should be appointed to keep [...] exact account of the property sold, and the price given, so that it may be fully known, what sums are received by individuals on this [...]oore. We presume to hope your excellency will point out some mode, whereby this business may be regulated and conducted, as no doubt his Majesty's servants must have given your excellency some instructions on this head.
We hope your excellency clearly understands that we do not mean to convery the most distant insinuation, that his Majesty's Ministers, or the nation, would preclude from a further claim, individuals, selling property under its value; for this would be supposing them capable of adding insult to misfortune and distress; but as the matter may not be thoroughly understood by the community at large, and the sums received cannot be so readily known, unless some method similar to that pointed out is adopted, we hope it will meet with the approbation of your excellency.
As it is probable this will be the last opportunity we shall have, in our legislative capacity, to address your excellency, we think it no more than a just offering to your character, to declare, that the true interests of the parent country, and of this province, as part of the British empire, has ever appeared to be your chief study; and the great concern you have u [...]ormly taken in the welfare and safety of the loyal inhabitants, is on the present occasion particularly conspicuous, in the steps adopted by your excellency, for preserving the peace and security of the country; especially of the frontiers, by giving [...] to the laws, and maintaining the government in its pristine energy and vigour, at a crisis when outrage and disorder were beginning to appear, and might have become prevalent.
We beg leave to assure your excellency, that it is with the deepest regret we look forward to our approaching separation, as well from esteem for your excellency's private character, as from the favourable light through which we view your excellency in your publick capacity.
Our earnest wishes for your happiness and welfare, we request your excellency will accept as the strongest mark we have to give of our perpetual regard and esteem, and of our approbation of your excellency's conduct.
- By order of the Upper House, JOHN MOULTRIE, President.
- By order of the Commons House, WILLIAM BROWN, Speaker.
His Excellency the GOVERNOUR'S ANSWER.
Mr. Speaker, and Gentlemen of the Commons House of Assembly.
Deeply impressed with the warmest sensibility upon this affecting occasion. I beg leave, gentlemen, to return you my most hearty thanks, for your very respectful and affectionate address to me.
The interest and happiness of this community, have ever been my favourite objects of attainment; and be assured, gentlemen, that my utmost ex [...]tions shall be used, in supporting every constitutional claim and expectation of the inhabitants of this unfortunate colony: Such important concerns, will continue to influence every action of my life.
It would be a great violation of justice, and of my own feelings, were I in any instance to neglect to make a faithful representation of the distinguishing merits of his Majesty's most dutiful subjects of East-Florida; of their inviolable attachment to his sacred, person and government, and uniform alacrity in promoting his service; in which, upon every emergency, they have appeared ready to devote their lives and fortunes.
These considerations, in addition to the [...]lial generation and regard, you have ever exhibited for the mother country, and that chearful acknowledgement of the supremacy of it legislature, extending to the very act, by which you are to be despersed in search of new habitations, being compelled to relinquish; our valuable settlements and pleasant abodes, risen to: flourishing condition by your own industry and labour: on the basis of all which, [...] may ground substantial hopes, that compensation adequate to so great a sacrifice, will be obtained, from the justice and wisdom of parliament, and the people of Great-Britain.
There is, gentlemen, an evident propriety in your desire of a superintendency of transfers, which may be made of your immoveble property, to the subjects of his Most Catholick Majesty; the means of effectuating which, shall have every proper consideration.
My relative situation to the inhabitants of this province, earnestly involves me in their concerns; the image [...] in my mind of their impending separation and sufferings, and the long farewell I am to bid them, gentlemen, through your medium, on this probably last occasion of our meeting in a legislative capacity, till me with the tenderest emotions of sympathy and [...].
I most heartily, gentlemen, wish you and your constituents, the fullest measure of success and happiness, in your future pursui [...]s; and I beg leave to assure you, that I shall forever retain the greatest attachment for and regard to his Majesty's ever faithful subjects, the loyal people of East-Florida.
St. Augustine, March 25, 1784.
ERRATA.
| Page. | Line. | |
| 2. | 7. | from the bottom, instead of [...] read account. |
| 3. | 9. | instead of 17 [...]0 read 1781. |
| 25. | 10. | from the bottom, before community insert [...]. |
| 31. | 8. | instead of the inhabitations read their habitations. |
| [...] | 10. | from the bottom, instead of warrant read warmest. |
| [...]. | 7. | instead of [...] read [...]. |
| 41. | [...]. | from the bottom, instead of for read [...] |
| 44. | [...]. | instead of [...] read case. |
| 47. | 8. | instead of taken read taking |
| 48. | [...]. | instead of [...] read [...] |
| 52. | 7. | from the bottom, instead of [...] read [...] |
| 55. | [...]. | instead of [...] read [...] |