man,

tors and candidates; to fecure the freedom of elections, &c." it is, among other things therein, enacted, "That every white profeffing the Chriftian religion, being a free and natural born fubject of the crown of Great Britain, or naturalized, or made a denizen, and being a Proteftant, having attained to the age of one and twenty years; that is to fay, who is actually feifed or poffeffed of ten acres of land in fee-fimple, or fee-tail, for term of his own life, or term of another's, or by, or under, any contract or contracts with the commiffioners mentioned in the faid act, within any parish of this island, or of any land in any of the towns mentioned in the said act, having a house, ftore-house, or other buildings, erected thereon, of the clear yearly value of ten pounds per annum, at the leaft; which value fhall be proved by the oath of two credible witneffes, or by fome leafe produced and proved by the oath of one of the witnesses to the fame, or the oath of the leffee, if there prefent, fhall be electors, and are thereby declared capable of voting for, and electing, reprefentatives, that is to say, the poffeffors of lands or buildings as aforefaid, for the refpective parish or parishes where fuch qualifications are fituate;" which act binds, as we humbly apprehend, every branch of the legislature, as well as every individual of this island, and cannot be DISPENSED with, under any pretence, by any person or perfons, or by any body or fociety of men whatever, 'till the faid act is duly repealed.

And your petitioners further humbly fhew to your Excellency, That before and fince the paffing of the faid act, fuch refident members of his Majefty's council, as had eftates and qualifications in this ifland, have uniformly and invariably exercifed (in the feveral parishes or towns where their eftates or qualifications lay) their right of voting at all elections for members to ferve in the affembly of this ifland.

And your petitioners further humbly fhew to your Excellency, That, when they found fuch unconftitutional refolutions were carried and ordered in the faid House, in manner herein before fet forth, and that your petitioners could not prevent the fame from being entered in the minutes of the proceedings of the faid Houfe of Affembly, and carried into execution, your petitioners, feverally for themselves, determined (what in duty to his Majetty, and in juftice to themselves and their conflituents, they thought they ought to do) to withdraw, for that day, from the faid Affembly and your petitioners did accordingly withdraw themselves, not in a manner most faljely fet torth by fome, but in a peaceable quiet manner, and, as your petitioners apprehend and believe, without the Speaker's having called your petitioners to Order before they quitted the faid Houte (your petitioners leaving behind them at that time in the faid Houfe, thirteen

:

It has been usual in the beginning of affemblies to make an order for no member to quit the Houfe without leave of the Speaker; but no fuch order had been then made.

thirteen members, the number requifite to conftitute a legal affembly), your petitioners thereby intending to convince the world, that they neither abetted, encouraged, or affented to the aforefaid refolution.

And your petitioners further humbly fhew unto your Excellency, That the faid Houfe foon after ordered your petitioners to be taken into the custody of the Serjeant at Arms, to be continued clofe prifoners in his cuftody until the next fitting of the faid Houfe, a time, or period, then unknown to the faid Houfe, and to be afcertained only by your Excellency, who, by an exertion of the royal power and authority delegated to you by our most graciOus Sovereign, adjourns the Houfes according to your own will and pleafure.

And your petitioners further humbly fhew unto your Excellency, That the faid Houfe, afterwards, on the fame day, while enly thirteen members were prefent in the faid Houfe, gave leave to James Smith, Efquire, one of the thirteen members then fo prefent, to vacate his feat, and did then refolve, That "his feat was vacated to all intents and purposes whatever :†" after which twelve gentlemen, namely John Fahie, John Stanley, Edward Gillard, Richard Mathews, John Garnets, Jofeph Rawlins, Stephen Perdriau, William Wells, William Phipps, William Hart, Francis Philips, and Nathaniel Wells, Efquires, did, in a moft prefumptuous, illegal, and arbitrary manner, ufurp the powers, and take upon themselves, the name and authority of the Affembly of this his Majesty's island of Saint Christopher; and in purfuance

*

During this adjournment, they were brought before the chief judge by Habeas Corpus, he refufed to difcharge them, on the ftranger's fuggefting that the Houfe was to be supposed still fitting; and that he would have him before the House if he meddled with his committment.

When the minutes were printed, this egregious illegality of doing bufinefs with eleven members and a speaker, was strongly agitated without doors. So in the next Gazette comes out an erratum by authority in which the words "after this day" are to be put following the word "whatever." This again is contradicted by the Printer's affidavit of no fuch words having been brought him in the manufcript minutes. And a gentleman, who heard the minutes read in the Houfe, the meeting before they were ordered to be published, obferved before he saw them in print, that he was fure they had done business, after Mr. Smith's feat was vacated, without being a Houfe; which he would hardly have done, if the words "after this day" had been used, nay the feven members unanimously declared, that feveral committees faid to be appointed while they were in the House, were abe folute falfehood, no fuch bufinefs having being done. Indéet the law fhop where the votes were fabricated after the rifing of the Houfe is well known.

fuance thereof, the faid twelve gentlemen did not only in the name of, and as, the Affembly of the faid fland, daringly refolve, That" John Bouryau Garnet, William Garvey, and John Tyfon, Efquires, fhould be the fitting members in the Affembly of Saint Chriftopher, in the room of the aforefaid Alexander Douglas, John Julius, and James Akers, Efquires, but also moft indecently prefumed, in the name of, and as, the Affembly of the faid ifland, to receive a message from your Excellency, which they entered among the minutes of the proceedings of the said Affembly of this island.

And your petitioners further humbly fhew to your Excellency, That your Excellency, having ordered and required the council and affembly of the faid ifland of Saint Chriftopher to meet your Excellency, on Saturday the fourth day of this prefent November*, your petitioners were willing to have then appeared to the faid affembly, and there done their duty, had they not been refrained and prevented therefrom by the faid Serjeant at Arms.

And your petitioners further humbly fhew to your Excellency, That the faid twelve gentlemen, (calling themfelves the House of Affembly of the faid ifland of Saint Chriftopher, as aforefaid) did, as appears from certain minutes, published by themfelves, order, "That a meffage fhould be fent to your Excellency in council, for the writ for taking the clection for the parish of Saint Ann, Sandy Point, in the room of John Stanley, Efquire :" To which meffage your Excellency (not knowing, as we humbly conceive, the premises) was pleated to reurn an answer, and fend down the faid writ fo requested; whereupon the fame twelve gentlemen, fo, as aforefaid, calling themselves the Houfe of Affembly of this ifland, took upon themfelves to declare one Patrick Burke, Efquire, to be returned duly elected for the parifh of Saint Ann, Sandy Point, in the room of the faid John Stanley, Efquire, and ordered certain oaths to be administered to the said Burke||.

And your petitioners further humbly fhew to your Excellency, That by the afore-in-part recited act or law of this island of Saint Chriftopher, it is, among other things, enacted, "That the writs for chufing reprefentatives for the feveral and the refpective parishes within the faid island of Saint Chriftopher, shall be issued forth at least feven days before the day of election; and that each and every member of the council, to whom the writs are directed

for

This was the fingle illegal vote which brought these three men in. Garvey's chriftian name was not even known to Tyfon, he and his tutor were obliged to fish it out of J. Akers, whom they by chance fell in with going to the place of election.

The time of meeting was changed three times to bring fome things to bear.

Till he took the oaths Burke, was always confidered as, and believed to be, an Irish Roman Catholic.

taking the poll for electing the reprefentatives, fhall ATTEND the Lieutenant Governor, or Prefident of the council, for the time being, fome time before the day of election, and fhall make oath, before him, which he is hereby directed to administer, That he will make a true and juft return of the reprefentatives chofen for the parish or parishes, of which he is directed to take the poll, according to the rules and limitations prefcribed in the afore herein in part recited act."

And your petitioners further humbly fhew to your Excellency, That the Honourable Benjamin Pym Markham, Efquire, to whom the writ for taking the faid election for the parish of Saint Ann, Sandy Point, was directed, did not (as your petitioners are credily informed, and verily believe) previous to the taking fuch poll, and making fuch return, take the faid oath required to be taken by the faid laft recited claufe of the faid act, and therefore your petitioners moft humbly apprehend that the faid election and return is, and muft ever stand and be, utterly void.

And your petitioners further humbly fhew to your Excellency, That on the faid fourth day of November, the faid twelve gentlemen, together with the faid Patrick Burke* (in manner aforefaid calling themselves the Affembly of the island of Saint Chriftopher) moft indecently, and unconftitutionally, fent a meffage, as from the affembly of the faid ifland, to your Excellency, then in the council chamber, "That they had at their laft meeting refolved, That John Bouryau Garnett, John Tyfon, and William Garvey, Efquires, fhould be fitting members for the parish of Saint Mary, Cayon, in the room of Alexander Douglas, John Julius, and James Akers, Efquires, and praying your Excellen cy to order the oaths of government to be adminiftred to the faid John Bouryau Garnett, John Tyfon, and William Garvey, Efquires, without acquainting your Excellency with any of the facts herein before mentioned."

And your petitioners further humbly fhew to your Excellency, That the twelve gentlemen aforementioned, together with the faid Patrick Burke, and the faid John Bouryau Garnett, William Garvey, and John Tyfon, (falfely calling themfelves the Affembly of the illand of Saint Chriftopher,) did foon after, on the faid fourth day of this prefent November, order the Serjeant at Arms of the Houfe of Affembly of this ifland, to bring your petitioners in cuftody to the bar of the Houfe of Affembly (as they termed it) and that the faid John Fahie fhould acquaint them with the fenfe of the Houfe (as they again termed it) on your petitioners offences, and their refolution in confequence thereof t.

And

*It is to be remarked that of thefe thirteen men, fix are ftrangers born, who by various methods have acquired fome real, fome nominal property in the island.

If the houfe were really offended, and did not mean rather

to

And your petitioners further humbly fhew to your Excellency That your petitioners being brought before them by force, and against their wills, the faid Mr. Fahie informed your petitioners, that the House (as he was pleafed to call the fixteen gentlemen ther prefent) had come to a refolntion, "That your petitioners were guilty of the HIGHEST OFFENCES THAT COULD POSSIBLY BE COMMITTED; though your petitioners have never been guilty or charged with blafphemy, facrilege, treafon, inceft, murder, or any other flagitious crime, or with having robbed or defrauded any man; and, in a long speech, the faid Mr. Fahie required your petitioners to acknowledge their offences, to ask pardon of the House, and to pay certain fums of money, under the name of fees; all which your petitioners then refufed to do, as they were as confcious of their innocence, as of the illegal and tyrannical order of the faid Mr. Fahie and his fifteen companions. Whereupon your petitioners, by the fame fixteen gentlemen, were ordered to be confined in the COMMON GAOL of this ifland (the gaol where felons are committed!) and where your petitioners were kept in clofe cuftody for feveral days excepting for a fhoit space of time while they were before your Excellency, fitting as chancellor. +

And your petitioners further humbly fhew to your Excellency, That on the ninth day of this 'prefent November, they were forcibly brought from the faid COMMON GAOL, to the courthoufe, in Baffeterre, where they were told by the said Mr. Fahie (in the presence of twelve others of the faid laft-mentioned fixteen gentlemen) that "they were expelled the Houfe of Affembly,

and

to purge the houfe, they would have contrived to affert their authority in a way that would not have admitted of a difpute. The Speaker would have been ordered to reprimand them when they fhould again take their feats.

* The warrant was iffued out late in the afternoon. The ftranger fet a spy on the Marshall, and fent him word if his prifoners weren ot in gaol within an hour, he would have him before the House. So they were hurried into it in the evening when it was fo full of ftench and naftiness as vifibly affected several of tender conftitutions among them.

+ When Mr. Gardiner applied for their Habeas Corpora to the Governor, he anfwered that he must take time to confider of it, that the demand diftreffed him. He did not grant it till the third day after it had been applied for. His decifion was, that he confidered the Houfe to be fitting from the time of their election to their diffolution; and he could not meddle with their privileges while fitting. It was remarked that in the Governor's hearing before the decifion was given or even the arguments difcuffed, the stranger should tell the Marfhal, he might take his prisoners back to gaol, he knew they would be remanded, as Lord Shafte bury had been when brought before the court of King's Bench.