The magazine of history with notes and queries, Vol. II, No. 5, November 1905 — John Shaqi
The magazine of history with notes and queries, Vol. II, No. 5, November 1905Various
History
The magazine of history with notes and queries, Vol. II, No. 5, November 1905
Various
History -- Periodicals; United States -- History -- Periodicals
In 1773 one of the most important cases that ever occurred in the
colonies came about through the publication in the South Carolina
Gazette, then owned by Timothy and a partner whom he had lately taken,
named Thomas Powell, but managed entirely by the latter, of a portion of
the proceedings of the Council on the previous day. Being summoned to
attend the body, he admitted that he was the publisher of the Gazette,
and that he had printed the proceedings, which on being asked he said
had been brought to him by the Hon. Wm. Henry Drayton, a member of the
Council. The Council then adjudged him “guilty of a high breach of the
privileges, and a contempt of the house.”
Powell refused to ask pardon of the Council which then,
“Resolved, That Thomas Powell, who hath this day been adjudged by this
house, to have been guilty of a high breach of privilege, and a contempt
of this house, be for his said offense committed to the Common Gaol of
Charleston; and that his Honor, the President of this house, do issue
his warrant accordingly.”
Mr. Drayton, who was present, and had acknowledged his share in the
affair, protested strongly, but without avail, and Powell was placed in
prison. Two days later, on Sept. 2d, the Hon. Rawlins Lowndes, and Mr.
George Gabriel Powell, the former being Speaker of the Assembly, and the
latter one of the members of the body, and both being justices of the
peace, had Powell brought before them on a writ of Habeas Corpus and
discharged him. The Council then took action in these resolutions:
“Resolved, That the power of commitment is so necessarily incident to
each house of Assembly, that without it neither their authority nor
dignity can in any degree whatsoever be maintained or supported.
Resolved, That Rawlins Lowndes, Esqr., Speaker of the Commons House of
Assembly, and George Gabriel Powell, Esqr. member of the said house,
being two justices of the peace, _unus quorum_, lately assistant judges
and justices of his majesty’s court of Common Pleas, have, by virtue of
habeas corpus by them issued, caused the body of T. Powell to be brought
before them, on the second of this instant September, and the said
justices, disregarding the commitment of this house, did presumptuously
discharge T. Powell out of the custody of the sheriff under the
commitment of this house.
Resolved, That the said justices have been guilty of the most atrocious
contempt of this house.”
The resolution which follows calls upon the Assembly to disavow the
action of these men and give them up to receive proper punishment. This
the Assembly refused to do, and then both houses carried the matter on
petition to the Crown, and it had not been settled when the breaking out
of the Revolutionary War put an end to the affair.
Public-domain text, read in full here on John Shaqi.
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