The Sun.
London, England, 1818-10-09 00:00:00

THE COLONIES.

The unfortunate dissentious which have taken
place in the BAHAMAS have, we are assured, ex.
cited so strong an interest in all persons connected
with our Colonial Establishments in, general, to-
wards which the attention of TirE SUN hits been,
and will continue to be, Partieulaily greeted, that
-We much regretted the necessity of suspending our
Extracts from the Series of Bahama Journals; with
which we have been favoured. We shall now pro-
ceed in our Extracts without interrnption, dividing
them, however, into such proportions as will not
interfere with that Miteellanethii character of cult'
Paper by. which we endeavour, to gratify the
Readers in general.

t~nr:

tFiotia Phe PoYid'Gtritette tind I3ithitintiiiili4.ellter, July 26.)

MESSRS: EDITOI3.,—The extracts alluded to in
the lettei• in your P.aper of the' 18th,' from " A
late MeMber of A.ssembly,7 'wete sent publi;•
Cation With the intention of 'shewing pep"-
pie of these Island's, .who seem to be carried away
by a contrary notion, that the power of 'commif -
oiFtii for conterriptS gene'rall, claimed by 'the A's-
'sembly, does not atiise from anY inherent Sight,
as having been a .questionable one even by the
House of Commons so late as. 1771, and as hai-
ing grown, as far as it was then acquies.Ced in, mit
O'f usurpation. That this was the ifiCt the SUbse-
quint extracts frbm the 'Journals of the tibu;a
.of Commons Will confirm : (Vol. 1 Page 603.)

Upon occasion of a jurisdiction unlawfully as
tinied by the Haase ia the year 1621., Mr. Attor-
ney• General Noye gave his opinion as follows
" ,No doubt but in smile bases this House m*
give judgment ; in matter's of reparns, and cOh•
cerning members of our House, or, falling out in
our view in Parliament ; but, for foreign matters,
kuoweth not how we can judge it. Knoweth not
that we have been used to give judgment in any
Case but tbo a before mentioned."

Sir Edward Coke, upon the same subject, says;
(page 604.) " No question but:this is a House of
record, and.that it bath power of judicature in
some "cases—have power to judge of returns and
members of our House ; one, no member, offend...
ing but Of the Parliament, when he came hither
and justified it, was censured for it."
Thus, says a writer on the subject, the power
of the House was admitted where they are acting
as a Court of Judicature, viz, on elections, re-
turns, and in such tonlempts as immediately. in-
terrupt their, proceedings; or, as Mr. lloye ex-
presses it, " falling out in their view in Parlia-
ment."
The question has, indeed, been recently set at
rest as to the House of Comin'on'a, in the case of
Sir Francis Burdett against the ;),*eakeir Abbott ;
but its recency only proves more clearly that the
right was disputed:even at a very latedate. Bat
how was this important question set at. rest ? Not
certainly by a Resolution, that " the house wat
4ole Judge of its own niivilegis, and that the
JudgeS Of the Courts of Law were not Competent
to bear Or determine on any argument touching,
the same." No. It was decided by an Appeal to
the Judges of the Law, and their judgment was
confirmed by the House of Lords. But let us see
what Lord Erskine says on this subject, when the
judgment of the Court of King's Bench was before
the House of Lords. " At that time, his Lord:.
Ship said (when the imprisonment took place), k
was an opinion expressed by persons of great
weight in the House of Commons, and it was ge-
nerally thought to have been its intention, not to
permit any action to be proceeded in so far as to
ha%'e its privileges at all questioned or ,canvassed
in a Uilint of Law, and that iMpriinnment would
attach upon Fill who issued process or counte-
nanced it in judgment. He had felt the utmost
alarm at a proposition so dangerous to the liberty
of the subject, and had expressed himself on
that occasion in the House with great warmth ;
every Word of what he had said he would adhere to,
and was ready at all times to repeat, as he repented
Of none. lie could not, therefore, avoid expressing
his heartfelt satisfaction at the course which had
in the present instance been pursued. The
Speaker, though standing perhaps in a case which
might have been different in argument from that
of inferior persons (though lie would give, no
opinion upon that), had put in his plea like the
most private man. He bad not objected to the
jurisdiction tf the Court of King's Bench, but had
put himself upon the country for the fact, and
pleaded his justification to the Judges of the LaW,
so that if the Court bad decided against him he
must have beet] bound by the judgment. The
Case had been most ably argued, and every objec-
tion taken which could support the plaintiff's
case; but if, instead of its being the Ciiimnitnient
of the Home of CommonS, it had been only that
of one of the superior Courts of Law, he should
have given the same judgment, as be could not
agree that the Com Mons had any higher privilege
of commitment for contempt than that which was
necessarily possessed by the superior Courts for
their own protection, and that of the people whom
they protected. He always felt more than he
`could 'express in support of the legal jurisdiction
'of tht country, and he was sure if they were over-
b6rni, the Sun of British freedoni would set to'r
ever."

It maY be preStned, from his Lordship's ex-
pressions, that 'something like the supremacy
claimed by the As;ernhly hal been intended on Om
part of the House of Comnions, but their wisdoni
would not allow theta so readily to forget what
was justly due to the liberty of the subject, aunt
the first pi ineiple of natural justice.
But althouti the question has been thuS tteei:i-
ed with re'svcct to the House of Com:mins, does
it follow that it is hko decided with 'respect to the
Assembly is there so close a connection be-
tween tire two, that the litter is to be inshrined
within the powers and privileges of the fopner ?
The Constitutions of the t Assemblies tlifter
fundamentally, in many respects; (says Air. Pratt,
then Attorney-General of England, an eminent
lawyer, 'and quoted as such by George Chalmers,
Esq. specking of the Assembly of Maryland.),—,
Our House of Commons Stands upon its own lawn,
the Lex : whelease Assemblies in the Gog

iasnies are regulated by their respective charters,.
usages, and the coostnon law of England, and will
never be allowed to assume those privileges which
the House of Commons are entitled to justly
here, upon principles that neither cats nor must
bit applied to the AsseMblies of the Colonies, and
therefore any isttempts to assume to themselves
any privilege which the English House of Com-
mons enjoy here, when they are unreasonable,,
should be resisted with firmness, and no encroach-
msnts of this kind, where they arc supported by
arguments, drawn from the exercise of the like
rights in the. House of Commons, should be al-
lowed upon the weight of that argoteent
as neither the Crown nor the Parliament will ever
stiffer those Assemblies to erect themselves into
the power and authority of the British House of
ComMoll3:' It will be here objected, perhaps,
that these are antiquated notions, now obsolete,
sod it ‘vill he said that material changes have
since taken place with respect to Colonial As-
semblies in consequence of the American Revo-
lution, Be it so. The Assemblies have, no doubt,
received an accession of weight and impartance
from the recognition of immunities and privileges in
favour of the people of the Colonies, hut they
have acquired no new power over the liberty of the
Subject, nor any new rights that were not primarily
intended for the advantage 311 d security of the
people. If it be supported in the tine exercise of
those privileges which are necessary for its pro-.
tecrion, awl which were once held to be the only
privileges of the House of Commons, what just,
cause of complaint has the Assembly ? Their
privileges never would have been question-
ed at all, had they been duly exercised ; and if
they shall be duly exercised, I am satisfied they
never will be questioned. There is the Royal
promise for it communicated by the Minister, and it
is not decorous to anticipate any breach in the per-
formance. But the assurance of his Royal High-
. stess the Prince Regent that " he will ever be
ready to afford them protection and support in the
• due exercise of their privileges ; but that his
B.oyal Highness considers that it world he iocon-
sisteut with the due administration of justice, and
With the pet scowl liberty of the inhabitants of the
Bahamas, if the Assembly were allowed to pos-
sess an uncontrouled power of arresting and com-
miting to prison any of his Majesty's subjects un-
der the plea of an alledged breach of privilege,"
does not satisfy the Assembly. Are the people of
the Bahamas, then, prepat ed to admit of an un-
controuled power of arrest and commitment being
lodged there ? Are they prepared to let c` the
known laws of the land, the right of the subject,
anti the reverence due to our Magistrates, give
way without question or resistance to a privilege
of which no one knows the origin or extent ?" I
say uncontrouled, for the proceedings of the As-
sembly shew, that in the exercise of what they
have declared to be a privilege they will submit to
no restraint but their own will ; their power is to
be without appeal, never dying with a session
either by prorogation or dissolution, nor regu-
lated even by the standard of consistency with
their own preceding Acts, but renewable at plea-
sure, as may suit their existing temper. This may
be denied, but let the world see their late pro-
ceedings, and I am satisfied no dispassionate per-
son will draw a different inference.
But suppose the Assembly in the bill posses-
sion of the power of commitment, they ought to
know that it must he legally exercised, otherwise
their Acts are of themselves void ; the known
laws are not to be overborne to give validity to
their warrants; nor, in their vigilance over their
own privileges, are those of others to be disre-
garded or invaded. " The suthotity of Parlia-
ment is from the law, and as it is circumscribed
by law so it may be exceeded, arid if they do ex-
ceed those legal bounds and authority, their acts
arc wrongful, and cannot he jus'ified any more
than the acts of private men."—(Lord Chief Jus-
tice Hob). Let us now see how tar these con•
siderations have been attended to. A studied
stress has been laid on the case of Sir Francis
Burdett, atttl from analogy the arrest oad com-
mitment of Mr. Wylly is justified. Let us see
where the analogy lies. Sir Francis Burdett was
a Member of the House of Commons, and was
guilty of a gross libel on the [loose uttered in the
face of it ; the authority to arrest him he &spot-
cd, but lie was arrested in his non tesidence,
and committed to prison by the Officer of the
House, assisted by the tnilitary, whose aid had
been applied for and afforded. Mr. kVylly was
suspected of misrepresenting the proceedings of
the Assembly; he was oedercd by a Committee
of the House to attend them and justify himself ;
he refused, and was put heo contempt by the
!louse, and a warrant was issued to bring him to
the bar; for not allowing the execution of this war-
rant at an illegal hour at night, he was put into fur-
ther contempt, and another warrant was issued to
arrest and commit him to prison ; tinder that warrant
the Provost Marshal, (who by the bye went out
of the line of his duty in doing so, for what com-
mand has the House over any Officers besides
their own?) in company with the Messenger of
the House, did rarest him—but where ? at Go-
vernment House, under the roof of the residence
of the King's Representative, where lie was in
attendance in obedience to the command of that
Representative, to give his advice and opinion, as
,Attorney-General of the Colony, on an affair of
public concern, recommended by the House.
From Government House be was carried to jail,
and frog thence removed by Habeas Corpus before
the Judges of the General Court. Was there no-
thing objectionable, nothing illegal, in this arb
rest and consequent commitment ? no violence,
no outrage on the privileges of the Chief Magis-
trate of the Colony? And yet the Judges of the
General Court are to be condemned because they
did not eduction a proceeding so unprecedented
and unwarrantable by their recommitment. Every
other consideration is to be made to sink under
the validity and importance of the Speaker's War-
rant. Are people prepared to say that no place i•
to be a sanctuary from such a Warrant ? Is this to
be an irresistible talisman to open all doors, at all
!touts, at all places, and on all occasions, wheo
the Assembly may please to consider their dig-
nity offended ? Let them pause, before they say
so—before they heedlessly surrender their liberty,
let them recollect that. a case may be brought
home to any of themselves, that at jail may be the
cuusequeuce of Any Act %yiticla the AiseLubly may

rleelare to be It violation of their rights, and that
to resent or to resist will but aggravate the offence.
July 20, 1313. A. Z.

(Jute.) The subjoined Resolutions chew how contradictorily
the House of Commons have proceeded with respect to the
power of commitment. In 1629 it was resolved, " that the
Writ of Habeas Corpus cannot he denied, but ought to be
granted to every man, that is committed or detained in prison,
or otherwise restrained, by the command of the King, the
Privy Council, or any other, he praying the same." In 1704
it was resolved, 1. That no Commoner of England committed
by the House of Commons for breach of privilege or contempt
of that House, ought to be bystny Writ of Habeas Corpus
made to appear at any other place, or before any other Judi-
cature, during)hat session of Parliament wherein such per-
son was so committed.
9. That the Serjeant at Arms attending this House do make
no return of, or yield any obedience to the said Writs of
Habeas Corpus ; and for such his refusal that he have the
protection of the House.
Yet what Judge ever refused the Writ, or what Serjeant at
Arms ever dared to refuse obedience to one ?
[To be continued.]

AMERICAN OUTRAGE.

COPY OF A. LETTER FROM A GENTLEMAN AT FORT

CLAIBORNE.

" July 93,1815.

The inhabitants of this town are in great
commotion, in consequence of the following re-
cent ;and horrid transaction. On Sunday evening
Captain Boyles' company brought in five male
Indians, who were taken a short time since, on
or near Perdido river. He succeede.d in taking
them as follows :—He possessed himself of their
squaws and children, and through their means
told the Indians if they would surrender they
should receive his protection, &c., and on these
conditions they surrendered themselves prisoners.
" Immediately on their arrival here, they were
committed to jail, having been directed by Capt.
Boyles to the care of our Sheriff. On Tuesday
morning the Sheriff thought proper to send them
to Fort llontgoinery, and addressed a line to
Captain Boyles, saying ,hat the civil authority
had no concern with then►, &c. and proceeded to
deliver them from jail to a guard, for the purpose
of escorting them to Montaomery. They pro-
ceeded only two or three miles from town, when
they were all inhumanly murdered, awl left
terted. The guard returned, and reported, thas
on their way they were met and attacked by a
party of men, who, seeing the Indians, immedi-
ately fired and killed them.—Yesterday a Jury of
Inquest was held on the bodies, but have not yet
reported their verdict. Time popular and prevail-
ing opinion of the majority of the people is, that
they were wilfully and barbarously murdered by et
party preconcerted for the horrid purpose. The
friends of civil order have set their feces and their
opinions against the proceedings, and seem de-
termined that such gross violations of justice and
hutnaility shall not pass with impunity. A mob
has already made its appearance, and excited
much fear and alarm among the people. I hope
the civil authority will succeed in putting down
all rioters and disturbers of the peace, yet I fear
we shall have further trouble, originating from
the above proceeding."

ANOTHER EXTRACT.
al Claiborne, July 23.

" DeAR SIR,—.4 avail myself of an opportunity
presented by a Gentleman who sets out for your
town to-morrow, to inform you of a most barba-
rous murder committed on some Indian prisoners
this morning, about three miles from this place.
" It appears that Captain Boyles, in his excur-
sion to the Perdido, a tew days since, took several
prisoners, five of svhon► were sent to this place,
and put in the gaol on Solidity evening. The
Sheriff conceiving that the civil authority had no-
thing to do with then►, ordered them to be scut
to Montgomery. Four men volunteered to guard
them. The guard hound the prisoners, and set
out from this place this morning. After being
absent about three hours, the guard returned, and
reported that they had been attacked bv a party
in the woods, where they had stopped to get Wit-
ter : that the party ordered them to retreat, and
immediately atter IG or 18 guns were discharged
at the prisoners, awl that one or two of the guard
had tt►ttsket halls shot through their clothes : that
they saw the Indians- run, but did not know whe-
ther any were killed or not.
" Some of our citizens this evening went to
the fatal spot, where they found the live Indians
lying dead within eight yards of each other. This
is a most bloody transaction,
and stainer: with so
much inhumanity, that I bluish to think it was an
act perpetrated among a people who have justly
boasted of their i►tsntanity, anti their strict ob-
servance of the rules of war."

HORRIBLE SPECTACLE.—Died at Sullivan, on
the 12th of September, of a cancer, Mrs. Esther
White, wife of Solomon White, aged 66. The
cancer commenced on her upper lip about 17
years ago. Ulceration began about 10 years
since. In its progress it destroyed the whole Of
the face, skin, muscles, and bones, excepting
about half of the lower jaw. For six mouths
previous to her death she had been a moving
spectacle of horror ; her bodily health being per-
fectly good, but totally blind, deaf and speech-
less. She prepared her own food after it was
cooked, and with a spoon, but latterly with her
fingers, put it into the (esophagus or passage to
the stomach. After destroying the eye-brows,
it made its way into the brain, and she died with-
out pain, or even a struggle, with a full reliance
on the promises of the Gospel, and perfectly re-
signed to the will of her Heavenly Father.—
(Long' Island Star.)
MELANCHOLY ACCIDENT.-011 Saturday morn-
ing Captain SANTON, of Annery, Was unfortu-
nately drowned whilst bathing above the Long
Bridge, Bideford. The hotly was found, whets
the tide went back, near the spot lie went in—
s quarry had lately been dog there, which lie was
unacquainted with, and he not being able to
swim, and getting suddenly nut of his depth,
was the cause of the accident ; he bore an ex-
cellent character, and is greatly lamented by a
numerous acquaintance.
A few nights ago, Mr. White, landlord of the
Windmill public-house, Leather-lane, was robbed
of Batik notes to the amount of 1701. by two
women, who hustled him about in his owrts house.
A man, with whom one tf (Lim gurbebit‘d, unt
been appretaeptliml.

POLICE INTELLIGENICE.

BRUTAL OUTRAGE.

UNToN.HALL.—Yesterdny Mr. Anthony Wag-'
staff, partner in the firm of ‘Vagstaff and Co. bed
and matress manufacturers, Mint-street, South-
wark, was brought before the Magistrate by Snow
the Constable. It appeared, that between 10 and
11 o'clock, yesterday, Mrs. Sarah Chamberlain,
of the Mint, applied to Snow, and implored him
to go with her instantly to the warehouse of Mr.
Wagstaff, for that her son was being murdered.
Upon entering, he perceived the body of a young
man laid upon a.quantity of flax. There was no
appearance of life, and the blood was streaming
from his mouth, nose, ears, and eyes. He was
immediately conveyed to Guy's Hospital. Snow
took the pri4oner into custody, understanding that
the situation of young Chamberlain had beer► oc-
casioned by a violent attack upon his person by
him.
Mts. Chamberlain said, that on Wednesday tl►e
prisoner engaged her sou, who is about eighteen
years of age, (0 perform some labour for I►im in
the way of his business. One of the materials
upon which lie was at work being a quantity of
tow, he left off at an early hour of the evening, in
order to avoid using a candle; aml, to Cufbplete •
his day's work, went to the warehouse yesterday
morning, and continued his business till 10 o'clock,
when having performed what be conceived to be a
Clay's work, he applied for his wages ; which so
exasperated Mr. NVagstaff, who insisted that he
should continue to work the whole of yesterday,
that lie seized a large stick and attacked him in
a furious manner. Several persons, hearing the
cries of young Chamberlain, ran to his mother
and informed her that her son was being mur-
dered., She arrived just as the prisoner had knock-
ed her son clown, with his' head against a beam,
and saw him stand upon his neck until the blood
gushed out from his nose, ears, and mouth. She
then sought the assistance of an officer, while Mr.
Evart Palmer, of Whitecross-street, and several
otiier persons whom the cries of young Chamber-
lain had attracted to the spot, prevented the pri-
soner from making his escape. He offered con-
siderable resistance to the officer, but was ulti-
mately overpowered and secured by handcuffs.
The prisoner said, in defence, that the young
man refused to quit the premises when desired to
do so, was extremely insolent, and commenced
the affray by striking him.
The prisoner was remanded.—(New Tunes)

BOW-STREET.—Yesterdav Thomas Morris was
charged ‘vitli stealing a 401. Bank of England
note, which happened to have been stolen a se•
cond time before it was traced to the prisoner.
It appeared that Morris was employed by the wife
of the coachman of -- Gunter, Esq of Earl's-
court, Kensington, to put a lock upon a box, and
that a tew days after, she missed a 401. Bank note,
which she had deposited in a pocket-book in her
box. Morris afterwards absconded. Soon after
the discovery of the theft, James Morris, brother
of the prisoner, tendered a 401. note at Mr. Sim-
mons' sale shop in the Strand, which eventually
brought the present charge home.—Cowwitted for
trial.

MANSION-HOUSE.—Two young women were
charged by Mr. Hunt, of Mark-lane, with an as-
sault on him, and an attempt to extort money un-
der the pretence of one of them, who had been in
his service only a few days, and dismissed, being
with child by him.—The elder of the two, who
had been in Mr.-Hout•s service, was held to bail.
Al A lILBOROUG -STREET.—Archibald Naugh-
ton, Esq. was charged again, yesterday, with
assaulting one of the centinels et Carbon-house
on Wednesday evening. Mr. Rawlinson, the pro-
seentor, stated the disorderly conduct o! the de-
fendant, and his incoherent language. He stated,
that he w..is an Officer in the Army, and that he
should act as he thought proper upon the King's
highway, in a menacing attitude, with a stick.—
The cei►tinel was compelled to call a watchman,
as the defendant unfixed his bayonet. In defence,
the accused sail, that he was protecting a Scots
girl horn the liberties the sentinel wanted to take
witn her, and he was hound to watch through the
streets to protect his countrywomen, as a Men►-
ber of an institution created for that put pose. tie
was ordered to find hail.

Where an assemblage of talent and experience
is concentrated iu one line of practice, a success
must attend their application, not to he found
elsewhere. This has been evinced in the Esta-
blishment of the Medical Board at Charlotte-
House, Blacktriars-toad, a►id at Woodstock-
House, Woodstock-street, Oxford-street, where
cures are every day performed in cases which
have baffled the skill of eminent professors, and
excited their astonishment.
The Medical Board have particularly attended
to those consequences of a certain disease, which
entails the most distressing debilities, and un-
hinges the constitution of both sexes. They also
remove the effects of those symptoms arising from
juvenile indiscretion, from irregular living, and
from a long residence in warm climates—of this
description they beg patticularly to notice obsti-
nate eruptions in the skin, sore throat, pains in
the head and limbs, frequently mistaken for hen-
matism, strictures, fistulas, scrophula, &c.
Messrs CooPEtt and Co. after forty years' prac-
tice in various Hospitals, are consulted at Wood-
stock-street, Oxford-street, daily, front eight till
eight ; and at the Medical Board, Charlotte-
House, Great Charlotte-street, 131ackfriars-road,
precisely from twelve until eight in the evening.
Mechanics, and persons of moderate- inco►ne,
have advice gratis, if they attend at certain honrs,
namely, Tuesday, Thursday, and Sunday morn-
ings, until one o'clock, and every evening from
six to eight.
*** A side door, and private rooms for females.

On the 19th ult, the house of Mr. Hall, of
Walworth, was entered by means of skeleton
keys, and three '2Ol. notes were carried off. One
of the stolen notes haying been traced to the pos-
session of a man in the neighbourhood, hjs house
was searched, when a watch with two seals, one
with the engraving of thz head of Medusa, and
the other engraved with a coronet and crest, and
an ivory opera-ticket with the Ewan of tike Coun-
tm of 44_therlaud, were found,