miffioners of the board of trade, on this occafion, after having clearly pointed out the expediency of the acts, and thew that they were formed on the established laws of the other colonies, which were approved and ratified at home, many years fince. He prefaces his obfervations on the remaining acts, by faying that their lordfhips preceding declarations are but indulgences to what follows," of this our readers will be the best judges, on perusal of the report and the obfervations on it.

"An act for eftablishing a militia for the defence of this inland."

"An act, declaring what the feveral articles of military law fhall confit of."

REPORT.

By an act of parliament, paffed in the 13th year of king Charles the Second, it is exprefsly declared, that the fole fupreme government, command, and difpofition of the militia, and of all forces by fea and land, and of all forts and places of ftrength, is, and by the laws of England, was, the undoubted right of the crown, and that both, or either of the houfes of parliament, cannot, nor ought to pretend to the fame.

This we humbly apprehend, is a principle of the British confitution, not confined to this kingdom, but co-extensive with your majesty's authority, throughout your majefty's dominions, we are warranted in this opinion, by the application, in many inftances, of this act of parliament to cafes and laws, refpecting the militia and military establishments in your majetty's colonies and plantations, and the military powers delegated to the governor in chief, by his commiflion under the great feal, are, we humbly conceive, confonant thereto.

*

By this commiffion your majesty grants to your governor, by himfelf or his captains, and commanders by him to be authorized, full power and authority to levy, arm, mufter, command, and employ whatfoever refiding within the faid iflands and plantations, and, as occafion fhall ferve, them tomarch, embark, or tranfport, from one place or ifland to another, for the refifting, and withstanding all enemies, pirates and rebels, both at lea and land, and to transport fuch forces to any of the plantations in America, if neceflity fhall require, for defence of the fame, again the invafion or attempts of any of your majefty's enemies, pirates, and rebels, if there fhall be occafion to purfue and profecute, in, or out of the limits of the faid iflands and plantations, or any of them, and, ifit fhall fo please God, them to vanquish, apprehead and take, and being taken, according to law, to put to death, or keep and preferve alive at his difcretion, and to execute martial law in the time of invafion, war, or other times, when by law it may be executed, and to do and execute all and every thing and things which to your captain general, or commander in chief, doth, or of right ought to belong."

OBSER

OBSERVATION.

"This, we humbly apprehend, is a principle of the British conftitution, not confined to this kingdom." This strong ad herence to the principles of the British conftitution, is certainly the beft method of fecuring to his majefty's fubjects in Grenada their civil rights; therefore nothing could be more pleafing to them, than to have their acts proved by fuch a standard, their errors or deviations from thofe principles pointed out, and their mistaken ardour checked upon fo happy a bafis. It is then granted, that the ftatute of the 13th of king Charles the Second, extends alike with every other declaration and ascertainment of the prerogative of the crown to all the colonies, although they be not particularly named; and it is alfo allowed, that this power generally is delegated to his majesty's governor. But, fays the report, the powers delegated to the governor, are, that he himself, or perfons authorized by him, may at his difcretion, inlift every man in his government without diftinction, and tranfport the inhabitants of the one ifland to any other, or to any of the plantations in America, if neceffity fhall require; that is, if the governor thinks it requifite.

This it feems is the authority declared in the crown, by the ftatute of the 13th of king Charles the Second, as what may be exercifed in this kingdom, but it being "a principle of the British conftitution, not confined to England, is co-extenfive with his majefty's authority throughout his dominions," and is particularly expreffed in his majefty's commiffion to his governor. If fuch a conftruction can poffibly be put upon the declaratory part of that act of parliament, fo contrary to it's meaning, tenor, and exprefs words, where are the most falutary laws that cannot be perverted to the bafeft purposes, and probably made to fanctify the very acts of tyranny they were formed to prevent?

Although there feems a general uniformity of principle in the whole of their lordships report, yet there is certainly fomething wanting in that part of it, where they mention the governor's power of forcing the inhabitants to inlift, and tranfporting them at difcretion, which is the means to be used in cafe of their refufal to be inlified and tranfported. If their lordships had but added, that in cafe of fuch refufal, it was in the governor's power to hang them up at their own doors, the uniformity would have been uninterrupted; but as it would be a great pity, that fo glorious a work fhould be rendered incomplete, by fo trifling an omiffion, it must be fuppofed that this remedy was implied under the expreffed authorities.

In fact, thefe powers comprifed in the governor's commiffion, are expreffed in the commiffions of his majefty's gover

nors

nors of his other colonies, (a circumftance that their lordships. might probably not have been acquainted with) and were never before confidered as meaning any thing more than (as the words import) a power of inlifting fuch as were inclined to enter into, his majefty's fervice, upon the emergencies there particularly fpecified, and which can never be excrcifed, but where the legislatures of the colonies wil raife a fund for the purpofe, as was done in fome of the Leeward iflands, and in Barbadoes, in the courfe of the laft war, with a view of aflifting his majefty's arms at the fieges of Martinico, Guadeloupe, &c. and in the colonies on the continent.

"The concurrence of the council, as a branch of the legiflature, is made neceffay to the establishment of a militia." Yes, and the concurrence of the affembly likewife; for the conftitution their lordships would eftablish, is fo new, that they must not expect a precedent in any part of his majefty's dominions to fupport it; for in which of the colonies, or in what other part of the British dominions is there established a militia, but by the law of the country?

The manner and folemnity of putting martial law in force, are taken from the laws of the other islands, under the fame circumftances; and is done whenfoever the ifland is in danger from an apprehended infurrection of the flaves. This is a species of danger, that the inhabitants must always be guarded against, and therefore a proper object of attention for the legislature; nor can the putting martial law in force upon an apprehefinon, or as a preventative, be too reflrictive, as on that occafion, there is not a free man in the ifland, who is not both in arms, and subject to the penalties of that law.

As the officers, who are to compofe the council of war, are fuppofed to be men of the best rank in the colony, and beft qualified to affift the governor in fuch a department, it has ever been the cuftom of other colonies, to refer to the governor, affifted by fuch a council, the afcertainment under what circumftances or tokens of immediate danger, whether from a foreign or internal enemy, a general alarm may be made; what the figns of the alarm; the manner of extending it throughout the ifland; of difcharging it; the fignals to be used in refpest of the number and fituation of the enemy, the places of rendezvous, &c. &c. The alarm guns being once fired, or other figns given, martial law is in force, the militia affembles, and the governor has every power over them, which is declared to be in the crown by the ftatute of the 13th of king Charles the Second (though not according to their lordships interpretation of it) nor can the alarm be difcharged, but by order of the governor alone.

His majesty's fubjects who are compelled to ferve in the militia, are not, during fuch fervice, fubjected to rules of difcipline, more, or even fo fevere, as their lordships would make them by their report; for the law alluded to gives the governor no auVol. VI. thority

thority to force the inhabitants to inlift and to tranfport them at pleasure, to other colonies, nor were they even liable to punishments more fanguinary, than thofe adopted in England. The rules of difcipline complained of, are the fame as prevail in the other colonies, and which are formed after the articles of war. There needs be no fear, that the legiflature of a country would inflict too fevere and unneceffary punishments, when each member is as much, and as often fubject to them himself, as the meanest freeman in the colony.

The laws of his majefty's feveral iflands, for eftablishing the militia, and for declaring, as well of what articles military law fhall confift, as on what occafion, and by what authorities, the fame' fhall be put in force, bear a near refemblance one to the other,, varying nothing in spirit or fubftance, but a little in fome eftablishments and regulations, where a difference of circumstances and fituation made it neceffary; and the two acts laft obferved upon by their lordships, are copied almoft verbatim from the laws of the fame title of Antigua, an island not lefs remarked for having a well difciplined militia, than for the regularity of its government, and the good difpofition of its police."

The confequences arising from the whole report, which has but one uniform fyftem, the maintenance of the prerogative of the crown, to an extent which would not be fuffered in England, concludes this curious work, which we recommend to the perufal of the friends of our conftitution, both at home and abroad.

"As foon as the above report was made, the governor in chief was directed to prorogue the general affemblies of the feveral iflands within his government, until farther orders; which was accordingly done from time to time for the space of five or fix months, when a new set of inftructions arrived, with a law (in the form of a proclamation,) for regulating elections, fixing the number of affembly men, and afcertaining the qualifications of the candidates and voters, under which (the refpective affemblies being then diffolved ) new writs were iffued for calling new affemblies.

Such a fanction, as this report, being procured, its precious ob. lations were to be turned to proper advantages; the minifter's new inftructions were accordingly formed from them, and a difpenfing order was (exprefsly contrary to the governor's commiffion) there given in refpect of the Teft act, under which the French Roman catholicks are to be admitted into the two branches of the legislature and into the judicial offices of Grenada.

Before the prorogations took place, an affembly act, taken from a law (of that title) of St. Chriftophers, which is conftructed upon the ftatutes of England, and alfo an act, to empower the commander of the island of St. Vincent, affifted by à particular number of the council, to hold courts of chancery

in the abfence of the chief governor, paffed the council and affembly of that ifland, but the governor upon hearing of the report, thought himself obliged to reject them.

This report now hangs in terror over the heads of his majesty's natural born fubjects in the new ceded islands, and is not to be deviated from by either of the legislatures, under the peril of having every bill rejected, which has the leaft repugnancy to it.

What then is their conftitution? And how many of the immunities of British fubjects, which were confirmed (or fuppofe given) to them by his majesty's proclamation or compact, they have now left, the public may judge.”

TH

The false alarm, 8vo. Is. Cadell.

HIS is the title which the great Dr. Johnson, well known in the literary world, for his ufeful and entertaining performances, and in the political unknown till he was penfioned, has thought proper to give to a puerile, defective vindication of that unpopular measure, the decision of the Middlesex election. For the fatisfaction of the author and of our readers, it may not be amifs to mention, that the title mot generally given to this infolent, unprovoked attack on those friends of the civil rights of mankind, who have boldly oppofed the progress of arbitrary power is, The falfe confolation. Indeed it is not to be expected from him or any other of his clan that the people will receive any other, nor is his pamphlet worth reviewing, if it were not to fhew the humiliating ftate to which political rage, or the force of money, may reduce men of exalted genius-even Philofophers and Lexicographers.

In the place of found argument the Doctor gives invective and abufe, and inftead of throwing any new light on the fubject, he has felected, for the investigation of this important affair, the very worft paffages from the moft wretched of the many publications that have appeared fince that fatal day when Luttrell was feated in the Houfe of Commons, as member for Middlefex.

Our first duty is to detect our author in a notorious falfity, he fays, pagǝ 6, that "the grievance which has produced all this tempeft of outrage, the oppreffion in which all other oppreffions are included, the invafion which has left us no property, the alarm that fuffers no patriot to fleep in quiet, is comprised in a yote of the House of Commons, by which the freeholders of Middlefex are deprived of a Briton's birth-right, reprefentation in parliament."

It is very fingular that fo accurate a writer as Dr. Johnfon

fhould

The governor in chief is not in the courfe of the year above three weeks at St. Vincent.