The Sun.
London, England, 1818-10-31 00:00:00

SPORTING INTELLIGENCE.

NEWMARKET THIRD OCTOBER, OR HOUGHTON
MEETING, islB.

FRIDAY; OCTOBER AO-.

Mr. Udny's Milton, a st. beat Mr. Prince's Sylvanus, Sst.
501;5.-6 to 5 00 Milton.
Mr. Vantitt set's Silas, 7st. sib. beat Mr. Goddard's Antici-
pation, Bst. 71b.. T.l' U. tOOgs.-7 to 4 on Slim.

Sweepstakes or 50gs each. T.Y.C.
Mr. Prince's Paleface, ist. 121 b.
Mr. Andrews's Calih Bst.
Mr. Neville's Sebina, 3st. 41b.
Mr. Northey's c. by Gamenut, Bst. 41b.

7 to 4 agst Paleface.

(Second Class) Handicap Sweepstakes of 10,7 s each, fur three-
• • yr-ulds and upwards. A.F.
IA Foley's Boniface, 3 yrs, 7st. 216 ..
Mr. Batson's Stainboroogh, 4 yes, Sst. 6th.
Mr. tharltou's David, 4 yi s, 7st. 121 b.... 3
Six started.—Oue pd ft.—The .I‘olge placed but three.
2 to I agst Bouitace.

THE COLONIES.

[From the Royal G>tzette Ifahrtma .I,lccrtisr, Aug. I.]

[Concluded from our raper of yesterday.]

What was said by Lord Erskitte in the House
Of Lords, as quoted by A. Z. is totally it relevant to
the matter in difference bet weeit the Bahama As-
sembly and the Judges. Mr. Wylly did not bring
au action against the Speaker to try the legality
of his warrant before a Jury of the Country, as
• Francis Burdett did ; no, it suited his purpose
hater to ripply at once to the Justices of the Ge-
netal Court, and s obtain an unprecedented this
eleaige through them, which it must be confessed
Nvas effected with wonderful facility. Now I
a,k, can it he shown that any Jude es of
EOglasd ever discharged, ott a writ of Habeas
•Corpus, any person cotnmitted• by the House or
Commons for a breach of privilege Can it be
sliewn that any of the Judges in the Colonies, ex-
cept those of'the Bahamas, ever took upon them-
selves the power of discharging prisoners com-
mitted. by, the Colonial Assemblies I—The first
question is fully answered in the. negative by the
authorities already cited. The following extracts
from Mr. Bryan Edwards' HiStory of the West
'lndies, Vol. 2, pages 419 and 420, will, I
trust, be a satisfactory negative to the latter.—
" Provincial Parliaments, or Colonial Assemblies,
(says Mr. Edwards), it matters not by what name
they are called, bring thus established and recog-
nised, we find that in their formation, mode of
'proceeding, and extent of jurisdiction within
their own circle, they have constantly copied, and
are required to copy as nearly as circumstances
s ill permit, the example of the Parliament
of Great Britain." After mentioning the manner
,in Which h Colonial Assembly is convened, he
thus gages on,—" The Assembly then proceed•as
,Grand Provincial Inquest to heat grievances and
to correct such public abuses as are not cogniza-
ble before interior Tribunals. They commit for
contempts, and the Courts of Law have refused
after solemn argument to discharge persons com-
•mitttd by the Speaker's warrants.- It appears
from what is above stated, and 1 firmly believe it
'to be true, that the Colonial Assemblies,. as repre-
senting the whole body of the people within their
_own tespective Governments, ever did hold the
same rank in the system of their constitutions, as
the House of Commons does in that of the Mo-
ther Country, and more particularly so as regards'
,the power of punishing for contempts. The
-members of the Houses of Assembly in the Colo-.
•nies are elected under and by virtue of the King's
writs ; they are convened by Royal Psociamat ion,
•in the same way as the Members of the House of
• Commons are commanded to meet together ; the
•General Assemblies, when met, are prorogued and
dissolved in the saute way as Parliaments. Like
,the Pat hament they meet under the King's au-
thority, they sit in the King's presence by the Go-
vernor or the Commander-in•Liii,2f, and perform
their several functions in the King's ;tame and on
the King's behalf ; thus are the Assemblies the
Ring's Sovereign Courts in tie Colonial system
-by a just analogy and established usage, and thus
.so similar arc the constitutions of the Parliament
and Assemblies, that I feel perfectly satisfied the
..Assemblies must and do possess, upon principles of
;nautili reason, the same inherent powers as the
House of Commons, to protect themselves frmn
-insult and indignity wherever offered, by punish-
ing those who offer it. But independent of this
Inherent right, I shall now skew, 1 trust satisfac-
torily, that there is a Legislative recognition of the
power of the General Assembly of the Bahamas
to punish by imprisonment, and for this put pose
I must again li'ave recourse to what was said by
Lord Ellenborough in the case of Sir Francis
Burdett, regarding the effect of 'the Statute Ist
James 1. c. 13. Atter reciting the body of the Act,
his Lordship says, " And then follows this pro-
viso, which is very material to the present pur-
pose, ` Provided always, that this Act, or any
thing therein contained, shall not extend •to the
diminishing of any punishment to be hereafter by
censure in Parliament inflicted upon any person
which shall hereatter make, or procure to be
made, any such arrest as aforesaid.' Now by in-
flicting censure, the power of doing which was
thus saved to the Houses of Parliament, as they
had before been accustomed to exercise it, must
be meant, not a mete csitoimstion or reproof in
words only ; but the substantial infliction of po-
sitive punishment by Parliametit upon the offen-
der. This Act, indeed, applies in terms only to
the particular case of arrests ; but no one can rea-
son so weakly as to suppose, or argue so nar-
rowly as to say, that the power of the Houses of
Parliament to inflict punishment existed and had
been exercised only in that particular case. I have
mentioned this instance, not from the necessity of
the thing in so plain a case, but because-it has
been thtown out very confidently, that the Pri-
vilege o( the House of Commons stood upon no
Parliamentat y recognition or authority
whatso-
ever ; here, however, is a direct Parliamentary
recognition of their right to inflict punishment by
censure in Parliament in the one case that is spe-
cifically mentioned, and it virtually ratifies what
had been antecedently done by the House in the
way of punishment, of which the usual mode ap-
pears to have been by imprisonment." This Act
of Parliament was extended to and declared in
hill force for this Colony, by an Act of the Ge-
neral Assenrbly passed in the 43d year of his Ma-
jesty's reign, and which received the Royal Assent ;
coussaptently it follows, that if it recognizes a
power in the Howse of Commons to punish by
imprisonment, according to the reasoning of toy
Lord Ellenboroogh, it must equally recognize
the potter of the Bahama Assemblies to punish in
the same way at least from the time of its being
declared in force in these Islands.
A LATE MEMBER OF ASSEMBLY.

Between five and six o'clock in the evening on
Tuesday, as the navigators employed in making
the new Canal in Counsellor AGAR'S grounds,
close to St. Paocras Church hurying-ground, were
leaving their work, one of the men discovered a
sack concealed under a parcel of straw, in cothie-
queuce. of part of the straw having blown from off
it.- Upon his examining the bag, be found it to
contain the dead Irculy of a man.` ir was imme-
diately conveyed to the parish workhouse.