66

BERBICE.

of amelioration by the preparation and trans- He likewise encloses an address, which the comission to England of the draft for an order in lonial members of the court delivered after the council (as directed by his lordship's instructions slave regulations had been concluded. of the 18th March), and by awaiting the return of the order after it shall have been issued; for as the slaves would see that whatever might be done for them must depend upon their own behaviour, and his report of it, a certain time was necessarily implied, before which should have elapsed they could have no expectations. In order to insure the due circulation of this proclamation, and also the faith of the negroes in its authenticity, and its consequent influence upon them, he was proceeding through the districts of the east coast, and had appointed that two chosen slaves from every estate should meet him at the residences of their respective burgher captains, where he should in person read the proclamations to them, explain to them himself what he wished explained, and send them back to their comrades: he looked forward to good effects from this measure, and he should at the same time visit the posts, and become acquainted with the country. He should afterwards visit the banks of the Demerara river, and westward to Essequibo inclusive; but the concerns of the east coast were the most pressing, and must be attended to first.

A despatch from sir Benjamin D'Urban to earl Bathurst, dated "King's House, De"merara, 25th June, 1824," encloses a draft of regulations for the melioration of the condition of the slaves in Demerara, framed by the court of policy, in conjunction with himself. A despatch from earl Bathurst to sir Benjamin D'Urban, dated "Downing Street, 20th "November, 1824," acknowledges the receipt of the draft of regulations, and suggests various alterations and modifications to be made in it before its promulgation as a legislative act.

A despatch from lieutenant-governor Beard to earl Bathurst, dated " Berbice, 14th January, 1824," encloses an extract minute of the proceedings in council on the 10th January, to shew his lordship that he had not failed to bring again under consideration his lordship's several despatches and suggestions for the meliorating the condition of the slave population, and the necessity of an immediate enactment prohibiting the punishment of female slaves by flogging. Conceiving the council to stand pledged to an adoption of the latter measure by their minute of the 12th August, 1823, he had instructed the fiscal to refrain from the exercise of that objectionable mode of punishment. His lordship was aware that he acceded to the wishes of the council at that time, and subsequently (under the distressing occurrences which had taken place at Demerara) in delaying any public enactment on the subject. By the enclosed minute it appears, that after lieutenant-governor Beard had urged the necessity of taking lord Bathurst's several suggestions into immediate consideration, the members of the council, adverting to the reply made by them to his excellency on this subject at the sessions of October 1823, considered it their duty to state, that it did not appear to them that the period had yet arrived when it would be either eligible or safe to give publicity, by any enactment, to such of the measures proposed by my lord Bathurst as had already been, or might hereafter be, deemed advisable to be adopted; and in this feeling they were not led to consider the safety of that colony alone, but the effect any enactment of the nature proposed might have on the neighbouring colony of Demerara, where the minds of the negroes could not but be supposed to be feelingly alive to every thing connected with the change they had been led to look forward to in their present condition; and, un

Another despatch from earl Bathurst to sir Benjamin D'Urban, of the same date, directs hiin to ascertain and report whether the court of policy is prepared to adopt the modifications suggested in his lordship's despatch; and intimates, that in the event of any indisposition on their part to do so (which, however, his lord-der this impression, the council most earnestly ship does not anticipate), his majesty's government would feel it to be their paramount duty to issue, without further delay, an order in council for the purpose of carrying them into effect.

A despatch from sir Benjamin D'Urban to earl Bathurst, dated "King's House, Deme"rara, 14th March, 1825,” states, that the court of policy had applied themselves to the revision and amendment of their proposed slave melioration code with the most zealous and patient assiduity. Still, however, there were some differences between the letter of their provisions and that of his lordship's suggested amendments, which prevented him from promulgating it before he had transmitted it (which he then did) for his lordship's consideration.

suggested to his excellency the expediency of allowing these matters to rest for the present, and until the restored tranquillity of the colony of Demerara might lead them to hope for the adoption of whatever steps might be resolved upon simultaneously with themselves; and further, the members, with all due deference, recommended to his excellency a communication with general Murray on this important subject, so as to ensure, if possible, a uniformity of action between two colonies so materially connected by similarity of interests

A despatch from lieut.-governor Beard to earl Bathurst, dated “Berbice, 14th May, 1824,” states, that at the meeting of the council on the 7th of April he again brought under their attention lord Bathurst's despatch of the 9th July,

1823, together with his lordship's several sug- A despatch from lieutenant-governor Beard gestions for meliorating the condition of the to earl Bathurst, dated “Berbice, 30th October, slave population, and begged leave to press these" 1824," states, that he had taken the earliest subjects on their earliest and most serious consideration; when the council observed, that the present agitated state of the colonies afforded them no reason to alter their former opinions on those topics, nor did they at all consider this the proper time to agitate them; and they requested again to refer to their sentiments expressed thereon in the minute of the 10th January last; and therefore, under these considerations, they hoped his excellency would forbear at present to press the subject on their attention.

opportunity of laying before the council lord Bathurst's despatch of the 23d July; and that the council did not appear to have yet determined what course to adopt. The lieutenantgovernor takes the liberty of observing, that he cannot discover any friendly feeling on the part of the members of the council towards the mea. sures which his majesty's government intended to carry into effect in that settlement.

ST. LUCIA.

A despatch from earl Bathurst to lieutenant- A despatch from major-general Mainwaring governor Beard, dated “Downing Street, 23d to earl Bathurst, dated "Pavilion, St. Lucia, “July, 1824,” acknowledges the receipt of the" 25th August, 1823,” acknowledges the receipt lieutenant-governor's despatches, and observes, that since the council, contrary to the wishes and expectation of his majesty's government, had failed voluntarily to adopt those measures which had received the concurrence and approbation of the majority of the individuals in England most deeply interested in the prosperity of the West Indies, and which had been sanctioned no less by parliament than by public opinion in that country; his lordship had to inform the lieutenant-governor that he would, on the arrival of the commissioners of legal inquiry, be required to prepare a draft for an order in council, to be issued in Berbice analogous to that now in force in Trinidad (a copy of which his lordship herewith transmitted), adapting the provisions of the enclosed order to the circumstances of the Dutch law as administered in Berbice.

of his lordship's despatch of 9th July, forwarding to him copies of his lordship's despatches of that date to the governors of his majesty's colonies in the West Indies having legislatures ; and also of a communication, under the same date, from Mr. Wilmot Horton, directing him, by his lordship's command, to prepare and transmit forthwith the draft of an order in council, in which the regulations and sugges tions pointed out in the documents which had been officially transmitted to him might be embodied in the manner best suited to the civil and religious institutions of the colony of St. Lucia. The major-general proceeds to submit to his lordship a variety of observations on the local laws and usages of the colony, as they bore on the points of—1st, Religious instruction, and the appropriation of Sunday exclusively to religious duties: 2d, The admission of the evidence of slaves in the courts of justice, and the

mony: 3d, Marriage, especially between slaves of the same estate: 4th, Manumission: 5th, The sale of slaves, limiting the same in certain cases, and rendering such transfer of property as little painful to the individual transferred as possible: 6th, The abolition of flogging in the case of females, and of the use of the whip in the field, and the adoption of a more systematic mode of punishment on estates: 7th, and last, The right of slaves to acquire property in certain cases, and the mode of securing to them such property when acquired.

A despatch from lieutenant-governor Beard to earl Bathurst, dated "Berbice, 16th Sep-qualifications requisite to validate their testi"tember, 1824," states, that he shall proceed immediately to procure the draft of an order in council, preparatory to the arrival of the commissioners of legal inquiry; and adds, that from the pledge which he conceived the council to have given in their minute of the 12th August, 1823, to adopt the suggestions contained in his lordship's despatch of the 28th May, in that year, and to consent to promulgate, by public enactment, the prohibition of the punishment of female slaves by flogging, after a reasonable time had been allowed for the ferment and agitation created by the insurrection in Demerara A despatch from major-general Mainwaring to subside, he did not contemplate any future to earl Bathurst, dated "Pavilion, St. Lucia, difficulty in carrying that measure satisfactorily" 10th January, 1824," encloses a report of the into effect, particularly as he had restricted the crown officers and the judge upon the proposed fiscal from the exercise of that mode of punish-regulations and amendments. ment, as stated to his lordship in his despatch of A despatch from earl Bathurst to the officer the 14th January last; but that he was, how-administering the government, dated "Downever, sorry to report to his lordship that he had" ing Street, 8th May, 1824," encloses a copy no hope of the council redeeming their pledge in that respect, or acceding in any manner to the proposed measures of his majesty's government in an order in council to be issued in that colony analogous to that now in force in Trinidad.

of an order in council, respecting the melioration of the condition of the slaves, which had been issued at Trinidad; desires that a draft for an order in council may be prepared, applying the spirit of the Trinidad order to the French laws of St. Lucia; and signifies that

the commissioners of legal inquiry were about the most minute inquiry he could make, it was to proceed to St. Lucia, and were instructed to | evident to him that, in most instances, they afford their assistance. were well and regularly clothed, fed, and at

and contented, and their owners seemed to use their endeavours to make them so. Upon most of the plantations prayers were regularly read to the negroes assembled for that purpose both morning and evening.

A despatch from colonel Blackwell to earl tended to in every respect; and he particularly Bathurst, dated “ St. Lucia, 15th May, 1824,"| remarked, that a great degree of leniency and states his opinion as to the situation of that co-humanity had been observed towards them. lony with reference to the proposed measures. The class of negroes in general appeared happy He observes, that in Trinidad every thing would seem to unite in facilitating their operation, notwithstanding the disinclination of the planter; an excellent administration of justice; a large white, and generally highly civilised population; a class of slaves intelligent and instructed; an ad- Various subsequent despatches from colonel mirable militia, of every arm perfectly equipped, Blackwell to earl Bathurst and Wilmot Horton, and long organised; good roads of communi- esq., describe the progress of the draft of the cation; an excellent and extensive ecclesiasti - | order in council, which colonel Blackwell evencal establishment; and an executive govern- tually transmits, accompanied with explanatory ment universally respected. In such a position, notes and observations, and detailed reasons for and with such advantages, above all with laws | a departure from several of the clauses of the and usages favouring the introduction of the re- Trinidad order. gulations in question, there could be no fair ground to apprehend that the least ill consequences would result at Trinidad from carrying them into the fullest effect. But in St. Lucia the case was widely different, so very much more widely different than probably his lordship might suppose, that he should be wanting in his duty if he were not distinctly to declare, that he was any thing but prepared to say that the measure proposed for ameliorating the condition of the slaves could be made law in St. Lucia, under existing circumstances, either with safety as concerned the free inhabitants of the out-quarters, or with advantage as related to the slaves themselves. Colonel Blackwell then details, at considerable length, the circumstances on which his opinion is founded.

A despatch from earl Bathurst to the officer administering the government, dated "Down❝ing Street, 24th July, 1824," acknowledges colonel Blackwell's letter of the 15th May, and instructs him to lay the same before the commissioners of legal inquiry, and to prepare the draft. His lordship, however, observes, that he could not too strongly impress upon colonel Blackwell the paramount importance of incorporating in the draft the entire spirit of the order transmitted to him, which had received the concurrence and approbation of the majority of the individuals in England most deeply interested in the pro. sperity of the West Indies, and was equally sanctioned by parliament and public opinion.

A despatch from colonel Blackwell to earl Bathurst, dated" St. Lucia, 6th August, 1824," communicates the result of a tour of inspection round the island. He observes, that he had thereby - ascertained, and it was with pleasure he could assure his lordship of the same, that, with very few exceptions, the best feeling and disposition existed towards his majesty's government with all persons of property and respectability in the colony; that the slaves were generally tractable, well-conducted, and obedient; and that, from every observation and

|

CIVIL AND CRIMINAL JUSTICE IN
THE WEST INDIES.

Substance of the First Report of the Commis
sioners of Inquiry into the Administration of
Civil and Criminal Justice in the West Indies.
THIS report comprehends the islands of Bar-
badoes, Tobago, and Grenada. -

BARBADOES.

Having detailed at considerable length the examination by the commission of the various proceedings in the different courts established for the administration of civil and criminal justice in the island of Barbadoes, the commissioners thus sum up their observations on the subject:--

The principal subject of remark, because the most prominent defect in the system, is the absence of a person, informed and experienced in the principles of equity jurisprudence, to preside in the court of chancery. Most of the-complaints the commissioners received, and a great part of the distress they found existing, certainly arise from this cause. A due administration of the powers of a court of equity would remedy many evils. As it at present exists,

Error, in mistake of jurisdiction, was imputed to this court in cases of lunacy, and petitions for separation and separate maintenance.

Improper practice was objected to it, as regards injunctions.

Irregularity, uncertainty, and expense, were generally charged as affecting the whole of the proceedings.

The number of causes, it will be seen by the registrar's return, is very trifling. There are not, upon an average, above ten bills filed in a year.

The practice of the court of exchequer we found exceptionable in admitting a defendant to be arrested, in a common case, for unliquidated damages, laid at any amount the plaintiff pleased.

It is still more reprehensible in suffering a defendant to lie in prison, without remedy, if the plaintiff will not proceed in his action against him.

It seems doubtful whether the interests of the crown, as regards its debtors and accountants, do not stand in need of further protection.

"that the witness was personally served," but not that “his reasonable expenses were paid or "tendered to him." The same sentiment of approval, provided the expenses of witnesses were defrayed, was expressed by many other reflecting and unprejudiced persons: but it is fair and proper to mention, that the solicitor-general appears The island of Barbadoes is about thirty miles to have received, from a circumstance he stated, long, and sixteen miles broad; consequently a somewhat different impression. Mr. Coulthurst smaller than any county in England, Rutland, observed, that "formerly the court did not sit Huntingdon, and Middlesex only excepted:"regularly at the out-precincts, and credit was yet this little island is rather largely endowed" often refused, on that account, to persons with five distinct, superior, independent courts

living in such precincts; but it was not so "now." This, it will be observed, does not indicate any indisposition in the store-keeper to part with his goods, in a case in which he could recover their value in a court in town (for which there is no rational ground), but only manifests a reluctance, perfectly natural, to give credit to a customer, whom he may be afterwards under the necessity of suing in one of those precincts where the courts are not regularly held.. And it will be remembered that the act regulating the court of Exchequer (Hall's Laws, No. 135), speaks of the contrivances at that time resorted to, to get rid of the inconvenient rule of law, that an action must be brought in the precinct where the defendant lives. Ca

of common pleas; with an establishment of one chief judge, and four assistant judges, in each district. To a consolidation of these courts, and the establishment of one court of common pleas, for the trial of all actions, at Bridge Town, there appears, after an attentive consideration of the subject, no sound objection. The law and the practice at present prevailing oppose, no doubt, some impediments to the measure; but such only as are easily removable. The act requiring an action to be brought in the precinct where the defendant lives, is a provision of a singular nature, (though I will not agree to call it "discreditable,") and which it will be necessary to repeal. The custom of requiring the attendance of witnesses, without payment of A compromise was suggested, that the court their necessary expenses, it will be expedient should be fixed in Bridge Town ; but that there and reasonable to alter. Both are measures might in the course of the year be one or more which, independently of their presenting obsta- circuits of judges through the island. To this des to improvement, are objectionable on prin- it was objected, and, as we thought, with great ciple and in se. The trouble and inconvenience force, that "it could not conveniently take which the change will occasion to persons resid-"place: there were no inns the judge would ing in the country (which, though not seriously "be forced to go to the houses of gentlemen in objected, was surmised) will be less than is" each district, that is, to persons commonly inusually felt by persons resorting to the circuit "terested in the questions to be tried, in the town in any county in England; and only the same as is sustained by suitors, witnesses, and" jurors, attending the other courts of this island;" the court of chancery, the court of exchequer, and the court of grand sessions.

The opinion of the attorney-general, it will be seen (in more than one of his answers), was very favourable to the measure, and he gave solid reasons for its expediency.

64

>

country parts; which would be unpleasant to the judge, and regarded with suspicion by others." Tondi is, a Under these circumstances, I beg leave to re commend a consolidation of the courts of com. mon pleas, and the establishment of one court for the trial of all actions in St. Michael's precinct, in Bridge Town.

The tenure of office of judges, under a change of system, would, if it could be obviated, I venture to think, perhaps, no longer remain “during

The party giving credit is naturally desirous that the trial should be had in the place where he resides, and the goods have been obtained." pleasure." "When the trial is at any of the out-courts, The holidays should be few, and those fixed "the expenses of counsel, who do not commonly by law. The number of causes in the paper of "attend there, and have therefore special fees, the monthly courts varies from about sixty to a as well as of the witnesses carried from Bridge hundred. "Town to the country, fall, in the end, very heavily upon the defendant.". The attorney. general, it will be observed, speaks, in this answer, as if the expenses of the witnesses were always allowed; but we were assured it was not generally the case. And in the minutes of proceedings of a court holden in St. Michael's preeinet, in April 1812, I find in the case of Wood *. Wood, an attachment granted against a witLess for not attending upon a subpoena, on proof

The proceedings in these courts were found to be very irregular, the attornies putting off and continuing causes at their pleasure; and yet the solicitor-general said, “a great deal is done in "court, that ought to be done out of court."

The law as to arrests in civil cases," the solicitor-general "thought a proper subject for

consideration: nd amendment." There is no affidavit of the debt. Arrests are allowed in respect of unliquidated damages, to any amount

Some provision is required to prevent the There have, formerly, been great delays, by possible and cruel separation of families, when means of injunctions. slaves are sold under executions.

The proceedings in court have been related, A special verdict may be demanded by the and the opinion of the attorney-general referred counsel on either side, on a point of law arising to, “that a judge regularly bred to the proin the course of a cause. This provision an old" fession would remove most inconveniences.TM* edition of the statutes (Rawlins's Laws) accounts The governor, sitting alone, as ordinary, has for, as being framed "with a view to have the no assessor, or professional assistance of any "case sent home, the judges not being lawyers;" kind; and the court is without any means of from which it appears, that the inconvenience of enforcing its decrees.