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Sign up freeThe Newport Gazette
Newport, Newport County, Rhode Island
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British Parliament passes bill allowing detention without bail until Jan 1778 for suspects of high treason in American colonies or piracy on high seas. Lords debate its scope on habeas corpus. Committee grants funds for colonial establishments including Georgia, Nova Scotia, Floridas.
Merged-components note: Continuation of the London parliamentary debate on the bill for detaining persons suspected of treason related to America; text flows directly from one to the next.
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The Bill to empower his Majesty to secure
and detain Persons charged with, or sus-
pected of, the Crime of HIGH TREASON.
Being sometimes committed in North-America, or
On the High Seas, or the Crime of Pi-
RACY, as filled up and corrected in the
Commons, and which was read the third
Time, and passed the 17th of February.
1777:
Whereas openly and traitorously War has
been levied and carried on in certain of his Majesty's Dominions
and Plantations in America, and Acts of
Treason and Piracy have been committed on
the High Seas, and upon the Ships and
Goods of his Majesty's Subjects; and many
Persons have been seized and taken, who are
actually charged or strongly suspected of
such Treasons and Felonies, and many more
such Persons may be hereafter so Seized and
taken?
And whereas such Persons have been or
may be brought into this Kingdom, and into
other Parts of his Majesty's Dominions :
and it may be inconvenient in many such
Cases, to proceed forthwith to the Trial of
such Criminals, and at the same Time of
evil Example to suffer them to go at large :
Be it therefore Enacted, by the King's
most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present.
Parliament assembled; and by the Authority
of the same: that all and every Person or.
Persons, who have been, or shall hereafter :
be seized or taken in the Act of High Trea-
son, committed in any of his Majesty's Colo-
Colonies or Plantations in America; or on the :
High Seas, or in the Act of Piracy, or
who are, or shall be. charged with or sus-
pected of the Crime of High Treason; com..
mitted in any of the said Colonies, or on the :
High Seas, or of Piracy, and who have been
or shall be committed, in any Part of his
Majesty's Dominions: for such Crimes. or
any of them; or for Suspicion of such Crimes;
or either of them; by any Magistrate having
competent Authority in that Behalf, to the
common Gaol, or other Place of Confinement.
more; as is herein after provided for that
Purpose. shall and may be thereupon.(so-
cured and detained in safe Custody. without
Bail or Mainprize. until the first of January
1778, and that no Judge or Justice of Peace
shall bail or try any such Person or Persons.
without Order from his Majesty's most Ho-
nourable Privy Council, signed by six or the
said Privy Council, until the said first Day
of January, 1778; any Law, Statute, or
Usage, to the contrary in any wise notwith-
standing.
And whereas it may be necessary to pro-
vide for such Prisoners: certain other Places of Confinement be Gaols
the common Gaol: Be it Enacted by the
Authority aforesaid, that it shall and may
be lawful for his Majesty, by Warrant un-
der his Sign Manual, to appoint one.
more such Place or Places of Confinement within
the Realm. for the Custody of such Prisoners :
and all and every Magistrate or Magi-
strates, having competent Authority in that
Behalf. are hereby authorized to commit
such Persons as aforesaid, to such Place or
Places of Confinement, so to be appointed,
instead of the common Gaol.
Provided always, and be it Enacted.
That no Offences shall be construed to be
Piracy within the Meaning of this Act, ex-
cept Acts of Felony committed on the
High Seas, or within the Jurisdiction of the
Admiralty as aforesaid. That this Act shall continue
and be in Force until the said first Day of
January, 1778, and no longer.
HOUSE of LORDS. Feb. 28.
The Bill to empower his Majesty to
secure persons charged or convicted of High
Treason committed in America. &c. was
presented to the House of Peers : and after
it had been read a first Time, and ordered
to be printed, Lord Suffolk got up: and
moved for the said Bill to be read a second
Time To morrow, which was ordered ac-
cordingly.
Feb. 24. This Day Lord Coventry had
urged the Lord Chancellor to explain, " Whe-
ther a Man, by this Act. might not be
taken into Custody, who had never been in
America ?" That America was in open Re-
bellion his Lordship did not doubt, But he
saw no Reason why the Suspension Bill.
should extend itself here ; where no Re-
bellion exists., His Lordship therefore de-
sired to know if an Inhabitant of England.
could be committed to Prison,, and not
have the Benefit of the Habeas Corpus Act ?
Lord Camden answered if a man had always been
an Inhabitant of England tho' certainly he
is not excluded the Benefit. But suppose a
person had been an Inhabitant of America.
and comes and resides here, he might be
guilty; and therefore not entitled: to the Benefit of the Habeas Corpus act. But my
Lords. I am Happy to say; no Rebellion
need to dread the Suspension of the Ha-
beas
Corpus Bill. Every thing is unanimity
here and the people serve with Zealously
attached to the King :. If there had been any
attack on the Habeas Corpus so, that great
bulk of English Subjects, and I declare it to God
humane so act so erect probably alas.
Lord Coventry rose to enforce what Lord
Camden said, he could not see but
forwards; whether it is so good in
a judge or justice to or work against High
Treason
brought Before him. Base Man
Lord
For it may probably happen that
Englishman, Who Tho' never borne in ya!
might be in England do get taken before vs m
Lord Chancellor. : if such person K
taken before a Judge: the aig DB. ai ice
by Habeas Corpus act; also their chief wbp thd
judge or justice should discharge him, and
if any reasonable ground is shown on
justice must discharge it. : ge a
Lord Suffolk. I neither understand, de
does it become me to answer into nice pai
of law, but I am sure that every satisfaction will be given to any enquiry that can be made: in cases of great importance, when proceedings and conspiracies have been formed against, it has been engaged necessary to aim against such machinations, by acts that otherwise would never have been called in to execution. Thank God, this is not the time when it is required to veil the Crown with such power at home: If it was to be attempted, I would be the first in opposition. But the principal object of this bill is to know what to do with the number of prisoners now in custody, and how to dispose of them. It never was intended to charge English soil, and the magistrates here most proceeded with them as if such a bill had never passed.
The House of Lords yesterday ordered that no more causes should be heard till the 5th of March.
Feb. 26. in a Committee of Supply, Come to the following Resolutions; viz. that 6000l. be granted for the support of the island of St. John's; 2851l. for the civil establishment of Georgia; 4586l. for Nova-Scotia; 5950l. for East Florida: 5900l. for West-Florida; 5550l. for Senegambia; 29831l. for several Surveys in North America.
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Foreign News Details
Primary Location
North America
Event Date
17th Of February 1777
Key Persons
Outcome
bill allows secure detention without bail or trial until 1 january 1778 for suspects of high treason in american colonies or piracy on high seas, by order of privy council; applies to persons brought to britain; funding resolutions grant sums for colonial establishments: 6000l. for st. john's, 2851l. for georgia, 4586l. for nova-scotia, 5950l. for east florida, 5900l. for west-florida, 5550l. for senegambia, 29831l. for north america surveys.
Event Details
Bill passed in Commons on 17 Feb 1777 empowers king to detain suspects of treason in America or piracy; presented to Lords on 28 Feb, second reading ordered; debate on 24 Feb concerns application to English inhabitants and habeas corpus, with Lords Camden and Suffolk clarifying it targets American rebels and prisoners in custody, not general suspension in England.