Group Title: Bahama gazette (1784)
Title: The Bahama gazette
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Permanent Link: http://ufdc.ufl.edu/UF00098611/00120
 Material Information
Title: The Bahama gazette
Uniform Title: Bahama gazette (1784)
Physical Description: Newspaper
Language: English
Publisher: Printed by John Wells
Place of Publication: Nassau
Publication Date: July 30, 1785
 Subjects
Genre: newspaper   ( marcgt )
Spatial Coverage: Bahamas
 Notes
Issuing Body: Printed Nov. 5, 1799-Feb. 14, 1800 by the friends of John Wells for the benefit of his heirs; Feb. 18, 1800- by Joseph Eve.
General Note: Description based on: Vol. 1, no. 4 (Aug. 14-21, 1784).
General Note: Latest issue consulted: Vol. 17, no. 1415 (Dec. 30, 1800-Jan. 1, 1801).
 Record Information
Bibliographic ID: UF00098611
Volume ID: VID00120
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 25097670
 Related Items
Succeeded by: Bahama gazette (1812)

Full Text



VoL IL


THE


BAHAMA


NtJLLIUS ADDICTS JURAR1


)b. 53



GA7Z1TTE.


I" IN VERBA MAOIsTRi. Hor.


From SATUR AY, JULY 30, to SATURDAY, AUOrST 6, 178;.


NASSAU: Printed by Joan WELLs, at the Printing Office on the BAY.


Tau SUMMARY CASE
or THr AMERICAN LOYALISTS.
H IS. Majefty' faithful AmerRican'ubjcts, who
have facriccd eveiy thing to their attachment
to Oreat-Britaln, were called forth to fuppoit the
caufe of their king and the laws of their country,
by every motive which can aduate the hearts of
jealous citizens, and by tbofeaffurances of protec-
tion, and even of rccomptnce, which arc held the
onut facred among mankind.
What the inducements were, under which they
aded, will app ar from the laws end paper of au-
thority that are now refprdtfully submitted to the
confduration of thole, 4he peculiar province of
whom it is to judge of their force, and to give
efficacy to the inference, which it is bhe chief p)ur-
po0 this Cafe to draw from them.
fle flatuu of zI Henry VII. ch. r. declared,
That, by the common law of England, th~lub-
S t&h are bound, by their duty of allegi. uto fervc
thdr prince against every rebelljon/power, or
Might; and that, whatsoever ma happen in the
Fortune of war agalnft the mind of ite prince, it is
gainft all law aid good confciene, that lich fub.
ef, attending upon Inch service, thoulc fuffer for
doing their duty of allegiance."
Here," fys the celebratLd Mr. Jufice Porfer,
is a clear parliamLntary declaration, that, by the
ancient conrtitJon of England, founded on prin-
ciples of reit equry, and good conscience, the
al.giancc rtl futbjet is due tothe king for the
time being, tld to him alone. This putteth the
duty of the fubjet upon a rational and fafe bot-
tom ; he knoweth that allegiance *nd protedion
art rcciproeal duties he hopeh for proteaion
from the crown, and hepaveth hi allrgiaic It, it
In the perfon of him whom he fceth in the care-
lile poTiioiI of it. Heentereth not Into the quIf-
tion of title ; lie hath neither leifire inr abilrite,
Snour j he at tbe, It to enter intoe tat quflion: but lie
freeth th fountain, whencqs beblelings ol g 'vetn-
sent low to him, sad trc he payeth his alle-
b I and this eacUx nt law hath c.urcd hire
yH all aftcr-req oin s on that account."
[Crowi-Law, 8vo. tt. p. 399.]
At the coinmenceent of thelate revolt in 17 4,
) the tcrt;:ry ci late wrote to the Ami rican go-
Strtnours, exhorting ihem to rfer rrrr enrcorage-
eentr to tblfe clrhn di wrh appeared in principle
adwrf, to tltuprcerdi f thlr al-.tlnent; thcrc-
by a!dliig, tothe dcartions of the law, the en-
couragrmiit ofpolitive promifc. [Per that Let-
trr, Ice Parliamentary Regifter, l27, vol. I. p.
6U.]
It was in purfun ce of the laws before-mention-
ed, tiat the king illbedT proclamation in Augut,
1775, declaring, (That all the uabjced of this
realm, and of the inloa to the hme !e'ong-
leg, are bo Jo be aidiing In tnl fup-
piling o .rJ ;t commanding all loyal
"' fubjh~ o t fei r u at endeavour to with-
tand fUch rebellion i nies; and giving
affnernces, that money doubt the ptrofteion
Vib the l ws afllford toi their I ,lt and eal."
(T his proclamation appeared in the London Ga-
S ttce ofth th4h ofAugult, 77y,.]
.' The royal c.nmiffincrn, Lord and Oenera
ic: lowe, killed a fmilar proclaatllnadinuneq. 7 g
E der the exprref author trlyfhv /rk f la I
1Igr il. eb. g. declaring, amn otbr aflur-
Ikes, That du comnlderatk i B had to the
S teritorioul fervices of all pctbo ho ts afl
t retoring the public trantqu lu and thalevery
tt"ble encouragement u he gien tethe who
6all promote the re-elabllsment ofltal govern.
,' n"- re" enu4aln t tr, zy$.]
Te p cdttOfWtn*ltment,at the repeal of
s.: eStBmpa ,beil dedlsm onitorvexam-
Pie forthe future,gaeenmreament to the Loyr
_fllts, equal at lea to the foneging afurances.
In February. 1 66, the secretary of ate propofed
Sr'efo!ve, which was warmlyfeosded by Mr. Pitt
Ilmfdf, who foon became Lard Chatham, T
e hi ."' "/j f,, roi i ng in the Cvnki, ew b tAw
t"Uk L ~~ <"y6(A^<.,6 e ,w


yinf intorxecnutri, the stamp-.a, oranj atIer anl
fpcrlanamnht, haw a-cd ai dtfdol at d loalfutbjelf,
and are tIntitd to the fairwu and protea lie tMl
hou/e." Set Corn. Journ. jo vol. p. 6oz.J I
Hence Ft is reasonable to infer, that the conduit,
which was meritorious in the cafe of a temporary
tumult, was much more fo in the care tf a long re.
billion: That, as fufferer from tumulti were de-
clared to be entitled tothe protecion and favour
of parliament, fo fifferers during the late rebellion
are mnch more entitled to reparation, from the de-
claration of law, the kino's promise, and the aft of
parliament, fince the rifques and services of the
LoyalIft have heen greater, and their lofea beyond
compaiifon larger, owing to the c nfications of
the merican States, for whichthetreaty of peace
provided but a shadow ofrelief,
It was not lefs repugnant to the Intereft than
painful to the feelings of the loyal fi.fferre, at the
end of feren years Ifrigglei when they hoped for
retribution and report to he thrown back into a
late effolicitation andtfupenfe,by a treaty which
refers themfor rerommendntion to a body of n,
wl'oa, at the inlnce af the Briti. nation, thbr nuve
been induced to irritate aypnd forgir nefi.
After reiterated perfeltions oif the oh'eds of
the Ith article of the American treaty, after flt-
died delays, the Congrefa at length -eromende
it to the ohetivance and I."'filnment of the Ameri
can governments. But what was foretod of the
inefficaty of that 'recommendation has been but
too fatally experienced \ for, no# ve ef the.Slatesr
ha rrmprld awirb the recenemm aton: of Congrefi,
as might easily he proved, were not the fad uui-
verfally acknowledged.
Common Jufice requires that, fnce the fund
of indemnlficatian, which had been affigned by
the American tlesty, has altogetlh filed, a more
efficient one ought to be provided. jt wn a pre-
rcience, probably, of that failure, Lnnt.afne of
that jfllice, which induced the ;pam, -Ito ap-
point commirlioners to enquire into the I elif
services and loffre, that the truth of both eight
he made the ground of fubfcquent proceedings in
parliament.
It is unneceffary to cite Grotius or Piifendorf,
Rurlamaqui or Vattell, to prove a pofltion, which
the civilized world admits to be j'ift, that,
though the supreme power may relinquish a part
of its territo y for the benefit of the whole, the
injured individual ought to he indemnified for his
confequen!ial lofi. And this dodrine, which was
adopted by the law of nations, because founded in
nItural equity, was interwoven into the texture
of the Brinith contitlutlon, Ince the Indemnilica-
lion of the few by the exertions of the many is
the great foundation of every forial fyRtem. Hence
aroue a familiar cafe in the praeeedings of parlia-
ment, that, if a road ii to he made, or a canal to
be cut, the ownir of the loil n% hbe paid f his
lorf. It was only an eatenion of this colmon
pra'lice, when equivalent valuewas granted for
rights taken away avowedlydo promote the gene-
ral good. The parliament, Therefore, gave com-
penatlion to the city of Carille for the tolls which
were abolllhed by the ad of Union between Eng-
land adiSctland. [Com. Journ. ny vol. p. 3.16.]
Il the fame Ipirdt there were voted . Isz,o37 to
the proprietors ofhrelable jurifdidions in Scot-
land, which w efupprefed after the rebellion of
1745. [Com. Journ.a6 vol. p. 408.]. When the
interefl of commerce required that the charterof
the African Company should be recalled, 51n,14%
ege voted as copenfatlo. [Com. Journ. a6
9,401 W a regard to the public
m ,s Fpyal jorifdiAiton of
'iD* ,nd DucheOS oAthol over the Ifle of
MJ ould be v vleed h the crow their rights
U qlra d by an agneement to pay the full
vte, and not y am a& of irrefiftile power.
Com. Journ, ovol. p. ass-8.]
Thus the representatives of the people carefully
attendto the intac s of the individual, whenthey
wilWo gain the advantage to the public.
The cqduit of repairing to the peaceful the
damu si wh ic thrr may toftal In the via-


lence of infurg a has formed a t of the law
of England during every age. It eiled previous
to the flatote of r Oeo. I. ch. jahblch 'ubjeded
every city or hundred to the p ent of the value
of any chaired or a fe, that .iz4 be either pulled
down or damaged .within fii ty or hundred.
But this falutary ad did not extend to evry poi-
ble injury that might be done to property. And
in March, r7t6, the parliament therefore ranted
js79l. towards making go d the ofles futained
by tumultuous and rebellious p dingsinin fee-
ral counties. rConmons Jourtal, ilth vol. p
491] In Aptl, 72t, the phdlaIment, in the
frme spirit voted Daniel Campbdl 6oll. for re-
paration of his loffe, fultalned by him, from a
riot at Glargow, on account of hi voting in par-
liament in favour of the malt taI. TCom. Journal,
vol so. p. 6no.] And the commons conferred a
recompence on Charlei Dingley for the lolis ari-
ring from the detruction of II lfaw-mill by a
tumultuous alfembly. [Conit Journal, vol. 3s,
p' 246 ] The memorable infirrtions of June,
r78o, gve rife to an example of an uncommon
kind; the injured persons recovered, from the
city or the hundreds, for damages done to their
Iderllingi by the mob; but, fsr,Wes of other
p-operty, the pirlianent granted f lilterre re-
p ration. And in this manner the principle
eftablihed, that, where the law githle fulije no
common remedy for his wrong je klgillature Ii
bound to give him peculiar redft
Rut, It citizens, who remaita qul and In-
na:'c amidl fedition and tul, were thus pro-
relied and redompenfed, w patronage Is due
to thfe Britlih fubjeds, ew i as much from in-
clinalion as encouragement, ftpported the law&
nt the hazard of their lively aid with the lofs of
their fortunes; and who, le reuiition of the
king and the nation, faced rebellion in arms?
This interfcling queftlon may be anfwe -d by
advertlg to what the parlia t has lone at differ.
ent peddos, in cafes fontewrl nmlarto the hard
one which is now under con lntloo. In t89
the hulfe of commons addrelre King, requeft-
ing his majefty to appoint aJI f igerditfor the
relief f the trih nobilitI ad ge*y, ibh bow, lIo
their e/lates n Ireland, and bhfed f hitrher re-
fage." [Com. Journal, vol Ito .04-. And
the houfe, with the fame laudabl fnfe oaequity
reftlved, 't that the truAees f the forfeited
estates in Irelanc.Ball make fal t for the
Inmes futaineds* 9the oge of- derry."
[Commons Jout tl vofj, p. a
In April, rot thAere were gra by parlia-
meat to the fuft 'ers of Nevis andl lt's for
their Loffes by the French irrailon, s io3. lu,
4d. [Com. Journal, vol. 16, p. l 7-p.
2o9 1p]) On tb petiti n of Rice, olthe ulte
King James'tjolpne; .lting that 1s the c
tilation of Litrick ia, on r ir-
ed him by rkT William's general, 1 oght
over his regiment of hZ~fe, the hour
granted him iis, alejoipmef/frrlhfMal S
firvirce. [Com.jvi. vol. IS, p, 36, 45, 6d.
In 1706, jhhof commons, on the petitiotol
Elizabeth Wandefworth, Rating, that her hulbanr,
on account of Jil early zeal for king Williams Ip
Ireland, ad km rsndemned ms a trait l, uand
e lat.l ed her an annuity oat ofthe Irih
rsiu Com. Journal, ol. s, P. 144
By te Ste of i Oe .c. tch. .cer4 a dltl
wer th the city of Olaiow, "r a
ward saidr ani d qlatm," they gI t i.
battalion to trying iii rher that At r rltw
by this encouragement, be acted to bitow tlr
Joyal Ceample, the 4tl.O l . the far-
feittd cfat of the reel were Inveted in com-
mi fonere fo the ufe ofthephbll, and provllion
was thereby nde, that thofe loyal perpni, whaoe
property had btileftroyed by the rtbea mou(
Ie rembarfed got of their catea. tAn he ho
of comna moreover vote srtin overplus
and other anoimes for relief of thofefrom whom
the rebels, in ii75, hadeatorted money." [Com.
Journal, vol. I), P-j4.
In 1% td, e Dow co n otam vo w eo W


~LI+Y'.(




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