error, "I cannot add any thing new or material to what I before took the liberty of remark"ing, upon the absolute and pressing necessity for a person, skilled in the doctrines and "practice of courts of equity, to preside, in relief of the governor, or governor and coun"cil, as it may happen, in such courts in the "colonies. But it may not be amiss to fortify the opinions I before ventured to express by the observations of experienced lawyers in the colonies, and the tradition of according The fees and costs in the court of Admiralty | marks of the commissioner consequent on the are exorbitantly high. Proceedings for the inquiries of the commission in the island of recovery of seamens' wages, where the subject-Tobago :matter in dispute is four or five dollars, occasion an expense of 50%. An authority, to hear and determine cases of this nature, is given, in most of the other islands, to one or more justices of the peace, and I think with great advantage. The court of appeal and error, to review the decisions of the inferior courts upon writs of has no gentleman who has received a regular professional education upon the bench. In case of a decision palpably wrong, where the sum in dispute is 2001. or 2501. (or any sum less than 3001.) the unsuccessful party, though in-sentiments, in illustrious authorities at home. jured to an extent that may be of serious con"The chief justice said, 'There should be a sequence to him, perhaps to the value of his regular lawyer in the court of Chancery. In stock in trade, cannot bring his writ of error. "Lord Loughborough's time it was the opinion With great deference, I would observe, that the" of the chancellor that it was wanted. At a sum, for which an appeal lies, from the court "later period I have a letter from Mr. Perceval, of first instance, to the court of appeal in the" in answer to an application of mine, for some island, appears to me to have been fixed too high at 3007. "independent salary, that it was the intention "of Government to put the judicial establishIn the court of grand sessions, the judges or "ments in the colonies upon a better footing.' magistrates upon the bench say and do nothing," We found a general persuasion in this island, except appoint both the grand and petit juries" that such improvement in their judicature and their foremen; and if the judge admits an 66 was quite essential; that it would be speeinvalid excuse, for the attendance of any juror," dily afforded, and would begin, where it was he is liable to a fine of 50%. I submit that a "most wanted, in the court of Chancery. judge should not be fined. It is to be presumed" Great irregularities were objected to the that he will exercise a sound discretion, espe- " present system; much was said of erroneous cially when a regular education to the pro-" decisions,' of bills dismissed before answer,' fession of the law, shall be made, as I admit it" demurrers over-ruled without argument,' ought, a necessary qualification for the office. "sequestrations issued in the first instance,' The attorney-general draws the indictment; "orders in à cause, without a bill filed,' charges the grand jury; addresses the petit "sales directed of property, belonging to parjury; examines the witnesses; solves any dif- ties not before the court,' &c. &c. In our ficulties in point of law; replies on the case; "endeavours to collect the opinion of the most sums up the evidence; and afterwards repre- "intelligent persons in the colony, we met the sents the circumstances to the governor from constant requisition for a regular-bred lawyer his own notes, or recollection, when execution" to preside in the court of Chancery." We inor reprieve is under consideration. Sometimes"quired into their reasons, and from the inthe court is relieved from hearing a case by the "formation we acquired, I am bound to state, entry of a nolle prosequi; for which, instead of "were, both, fully convinced of the absolute a fine to the public (the probable result of a "necessity of the measure. We found 'no 'ill conviction), a fee is paid to the attorney-general." design, corruption, or oppression; the moThe effect is, a jealousy of the power of the tives of the judge were pure, his carattorney-general, and a leaning to acquit every "riage upright; but great disorder and conperson he prosecutes. "fusion prevailed; no man felt himself secure; "and injustice was often practised, without being intended, or even dreamt of. The court of quarter sessions is a nullity. The slave-court is constituted very propi-" tiously for the discharge of the criminal slave whose master is desirous of saving him, but less" favourably for the ends of public justice. "The rules and orders of the court should, unquestionably, be collected and published to "the profession; or, at least, placed within "reach of persons desirous of consulting them. The commissioners applied for copies to the registrar (who is also secretary of the island; deputy colonial secretary; clerk of the crown; clerk of the privy and legislative council;" registrar of the court of ordinary; registrar In case of conviction, the proceedings are melancholy and disgraceful. Unless an appeal is demanded, no report of the trial, or represen-" tation of the case, is made to the governor," before the sentence is carried into effect; but the unfortunate convict is immediately executed," without any interval allowed him, upon the "of the court of vice-admiralty; deputy regis nearest tree. TOBAGO. The following are a few of the general re "trar and clerk of the courts of King's Bench "and Common Pleas, &c. !) but without suc46 céss. H H "The master's fees, or at least his commis- "treme case, take place twenty-three months "sion or per-centage (six per cent), seem to "and upwards after the commission of the "offence. me to require reduction. "session. "The grand jury are chosen from a very un "In the court of Common Pleas, besides "Though there is a judge, a very able and "the objectionable practice of requiring all" intelligent lawyer, in the island, the chief "judgments to be confessed in court, during" justice does not preside in the court of grand "the sittings, there is little to observe upon, ex"cept their protracted vacation. The chief justice "said, upon this subject, It is very incon"venient to have seven months, when all "proceedings are stopped, and you cannot have "any benefit of process. By sham pleading 66 you may get through the five months, and "then you throw it over the year. If judg-lation of the observations made by the commis " usual and undesirable class of persons. "The slave court has been re-modelled." GRENADA. Subjoined is a brief extract from the recapitu sioners in the island of Grenada. "The court of Chancery in this island has jurisdiction, in cases of manumission by will, "sembly. "ment is got in July, execution cannot be had "till next spring. The Common Pleas and "criminal court should be both held four "times a year. You might have all the jurors" to establish freedom, under an act of as"collected at one and the same time. If there "were two circuits yearly of ten days each, "it would be enough for this island; but not "for the court of Chancery, or the interlocutory" "business of the other courts. There must be "a resident judge for that.' "The colonial master in chancery, in this "island, does not give security for the due performance of the duties of his office. “No appraisement of an estate takes place, "previous to a sale, under a decree. "The practice as to judgments, and the sus"Injunctions are granted in an unexcep"pension of all judicial proceedings, from April" tionable manner; but, it is to be feared, upon "to September inclusive, both depend upon," too frequent occasions. "and are provisions of, the court act. Of this "An appeal lies from all orders, interlocu"law the chief justice remarked, 'The court" tory and final. The respondent, on giving 66 act might be improved. One act, I think, “security, takes the benefit of the decree "might be framed very usefully, to do for all the "below. "islands.' "Fees are said to be exorbitant, and costs will be found excessive in this court. "The mode of serving process of the supreme "court, on absent defendants, is nailing a de"claration on the court-house door. Among "absentees are included such persons as have "never been in the island. "It is a serious deficiency in the court act," "that it does not require an affidavit of debt | "previous to an arrest. It is said, that this "defect is supplied in the practice; but it may "be doubtful whether such interposition of the "court is warranted by law. The chief justice "remarked, evidently with a due sense of its "importance, In some islands they attach" "without affidavit, as well as arrest; here we "require affidavits in both." "Delay is frequently occasioned by the clause "(in the court act) requiring three judges to "form a court of special pleading. The at"torney-general said, in March, there is a "6 case standing over since last July, on account "of the non-attendance of three judges.' "Depositions are admitted upon trials, in lieu of vivá voce examinations, to a surprising "extent, and, as it appears to me, with alarm"ing facility. "The jury have formerly been allowed to "adjourn and go to their homes; but it is no "longer the case, and has not occurred in the "time of the present chief justice. “Judgments are not entered up in all cases; "but executions are sued out upon verdicts, to save expense.' "In the court of Common Pleas, a gentleman" "regularly bred to the English bar' does "preside in this island; and we did not hear" any complaints of this court. We attended a court of complaints, and a sitting of the" "court of special pleading, for the hearing of a "motion for a new trial. The business was "conducted in a very satisfactory manner. 66 "Injunctions to stay executions have been frequent. "Originals of wills, after being proved, are delivered to the party proving them, instead "of being left with the registrar, and deposited "in the office, where they might be consulted "by, or on behalf of, parties supposed to take “an interest under them; as, slaves promised "their freedom at their master's death, &c. "The court of grand sessions, the supreme "There are said to be no means by which a "criminal court in this island, is held in Oc-"wife can obtain a separate maintenance in "tober. It was found very distressing to have" this island. "There is nothing remarkable in any of the "other civil courts of this island. "but one gaol delivery in a year. By means "Seamen's wages are usually recovered be“of a traverse, a defendant can put off a trial" fore justices of the peace in this island, by 66 a twelvemonth, and the trial may, in an ex- "which great expense is saved. "There is no record of the proceedings of "the criminal branch of the supreme court. "There is no medium punishment. "The slave court is obnoxious to all the same "objections as were before represented to ap"ply to the court for the trial of slaves for "capital offences, in Barbadoes and in Tobago, "before the repeal of the slave act of the latter "island. "All the judges hold their offices during "pleasure. The chief justice of the supreme "court is appointed from England, by man"damus from his majesty. He has a salary of “£2,500 currency, established by an act of "the colony, and also fees, according to a "docket in the possession of the secretary, said "to be about £700 per annum. The assistant "judges have no salary, and, from courtesy, do "not receive fees, except when they transact "business in the absence of the chief justice. "It is doubtful whether they have not the "right. They are appointed by the governor "and council. "The attorney-general in this island has no "salary. He has an account with the legis"lature for fees for public business. 66 "By a rule of court, recently re-modelled, a "person keeping twelve terms at home, or six at home, and attending during the sittings "here two years (making twelve courts), may "practice as counsel and attorney; the two "characters being blended in this island." The report thus concludes: "The information required by the commis“sioners had, by this time, fully convinced "them, among other matters of subordinate "importance, that, "The administration of justice in these “islands is very defective, and requires great "improvements, and an extensive change of system! 66 DIOCESE OF BARBADOES, AND OF THE LEEWARD ISLANDS. The lord bishop of Barbadoes, and of the Leeward Islands. Archdeacon of Barbadoes, Grenada, St. Vincent, Trinidad, Tobago, and St. Lucia. Archdeacon of Antigua, Montserrat, Dominica, St. Christopher, Nevis, and Virgin Islands. Thirteen ministers of the established church. Three catechists. BARBADOES. THE following statement of the destruction of the Methodist Chapel at Barbadoes is contained in a despatch from Sir Henry Warde to Earl Bathurst, dated Barbadoes, 23 October, 1823. "On Thursday, the 16th October, 1823, a "Mr. Shrewsbury, a Wesleyan missionary, "called on me and stated, that on the Sunday "before, during the meeting in the evening of "his congregation, they were disturbed and "assaulted by many persons, and particularly "that two men rode on horseback masked, and "fired pistols at the chapel; and he further "stated, that he had been assaulted at his "dwelling-house; and also that Mr. Justice "Moore had cited him to appear before him to "shew cause why he was not amenable to serve " in the militia. "I asked him if he had applied to any of the "magistrates of the town for protection, when mended him to do so, as it would not "he replied in the negative; and I recom"be proper for me to interfere unless they "might deny him protection; and I desired make might be made in writing, that no "that whatever complaints he might have to "mistake might arise from misapprehension or want of memory hereafter of what might "have passed in a conversation. "The complainant left me, stating that he "should take my advice, and apply to a magis"trate for protection: since this I have heard "nothing from him, nor have I heard any thing "officially on this subject from any person "whatever; but on Monday morning a rumour "reached me that this missionary's house and "chapel had been totally destroyed on Sunday "evening, the 19th instant, by an immense 66 concourse of people, many of whom were "armed." During the sitting of the legislature, who were employed in endeavouring to discover the authors of this outrage, a packet of handbills was brought to them, of one of which the following is a copy : Great and signal Triumph over Methodism, and total Destruction of the Chapel! ! ! Bridgetown, Tuesday, 21 October, 1823. The inhabitants of this island are respectfully informed, that in consequence of the unmerited and unprovoked attacks which have repeatedly spreading its baneful influence over a certain been made upon the community by the Me- class, and which ultimately would have injureď thodist missionaries, (otherwise known as agents both church and state. With this view the to the villanous African Society,) a party of chapel was demolished, and the villanous respectable gentlemen formed the resolution of preacher who headed it and belied us was com closing the Methodist concern altogether: with pelled, by a speedy flight, to remove himself this view they commenced their labours on from the island. Sunday evening, and they have the greatest satisfaction in announcing, that by twelve o'clock last night they effected the total destruction of the chapel. With a fixed determination, therefore, to put an end to Methodism in this island, all Methodist preachers are warned not to approach these shores, as, if they do, it will be at their own peril. God save the King and the People! On the receipt of Sir Henry Warde's despatch, the following letter was addressed to him by earl Bathurst: Downing-street, 23d December, 1823. Sir, I have received, with great concern, accounts of disgraceful outrages committed at Bridgetown, in October last, against the Wesleyan missionary, which terminated in the destruction of his residence and of the chapel in which he had long officiated. I am commanded to convey to you the exSir Henry Warde having issued a proclama-pression of his majesty's marked displeasure at tion for the detection of the rioters, the follow-so daring and scandalous a violation of the law, ing counter-proclamation was published, a copy and his majesty's commands that no means of which was sent to the governor himself ::should be omitted which can, by exemplary punishment of the guilty, give to his majesty's subjects in the island security in the possession of their property, and in the free and undis. turbed exercise of their religious duties. Bridgetown, Barbadoes, Thursday, October 23, 1823. Whereas a proclamation having appeared in the Barbadian newspaper of yesterday, issued by order of his excellency the governor, offer. ing a reward of one hundred pounds for the conviction of any person or persons concerned in the said-to-be riotous proceedings of the 19th and 20th instant; public notice is hereby given to such person or persons who may feel inclined, either from pecuniary temptation or vindictive feeling, that should they attempt to come forward to injure, in any shape, any individual, they shall receive that punishment which their crimes will justly deserve. I have the honour to be, &c. (Signed) BATHURST. Lieutenant-General Sir Henry Warde, &c. &c. A correspondence on the subject followed between sir Henry Warde and the attorneygeneral of Barbadoes, the former having communicated to the latter all the information which he had received respecting it. The attorney-general details the unsuccessful investigation which had been entered into. In a despatch from sir H. Warde to earl Bathurst, dated Barbadoes, 6th August, 1824, he says. They are to understand that to impeach is not to convict; and that the reward offered will only be given on conviction, which cannot be effected whilst the people are firm to them- "I have only this moment, for the first time, selves. 66 seen Mr. Shrewsbury's statement of his conAnd whereas it may appear to those persons "versation with me, the greater part of which who are unacquainted with the circumstances" is true, though some extraneous matter, which occasioned the said proclamation, that the "quite unconnected with the main subject on demolition of the chapel was effected by the "which he treats, is mixed up in it; but the rabble of this community, in order to create "strongest parts are clothed in his own words. anarchy, riot, and insubordination, to trample" I never stated that my protection would be upon the laws of the country, and to sub-" an act of tyranny; but that previous to his vert good order; it is considered an impera-" application to a magistrate it would be arbitive duty to repel the charge, and to state, "trary; and the whole of his deduction is enFirstly, That the majority of persons assembled "tirely false, viz. that I refused him protecwere of the first respectability, and were sup-" tion. I requested him to apply to a magis. ported by the concurrence of nine-tenths of the "trate, that in case his complaints were not community: Secondly, That their motives were "attended to I might forthwith interpose my patriotic and loyal, namely, to eradicate from" authority; and it was solely for this reason this soil the germ of Methodism, which was" that I explained to him the absolute necessity 66 66 ،، 66 were bearing me down, the magistrate, instead of coming forward to protect me, had “of his previous application to a magistrate," been three years and a half in the colony, "that my interference might not be arbitrary" and had never been interfered with concern“ or extra-judicial; and the conviction on my "ing the militia, but now that the populace “ mind, when Mr. Shrewsbury left me, was, "that he was on his road to a magistrate, as ❝he informed Captain Delhoste, my private sent me a summons to answer for not having secretary, that he intended to take my "enrolled myself in the colony militia. His "advice; and I considered that if he did not "excellency said that he was very sorry for “obtain a satisfactory decision that I should "me; that he wished me well; that no man "have heard from him again instantly; the" in the country could be more abused than he "truth of which is fully proved by my having" had been, and that he was afraid the arm of "desired that he would make his statement in" protection would be represented as the arm "writing; that, in fact, Mr. Shrewsbury suf-" of tyranny. I then requested his inter"fered much from his own obstinacy, in posi-"ference as to my exemption from the militia, “tively resolving not to apply in the first in-" and shewed him my license under the Toler"stance to the proper legal authorities, as I" ation Act; but he advised me to get a 66 can assure your lordship I fully believed that" lawyer's opinion, saying, 'it is a matter of "he had done, and that he had no further" law, and unfortunately I do not understand the "complaint to make. I made no comments in" law.' I ventured to suggest to his excel"my memorandum of his complaint against "lency that, independent of the Toleration "the magistrate for having cited him to appear Act, by virtue of his prerogative he could "before him, and shew cause why he should" exempt any individual from the militia ser 66 not serve in the militia, considering this, as "vice; but he declined, and said if I wanted I told him, a point of law, and that his reany thing I must petition him in council. I "dress must be obtained by law; but feeling" said, sir, I am a friendless, unprotected indi"in my own mind the high impropriety of his "vidual; in applying to your excellency I "serving in the militia, even should it prove" have done my duty, and can do no more. I “legal, I fully resolved to have laid his case before" then withdrew, convinced that my only suc "the council, and to have done every thing in" cour must come from the Lord my God.” my power to have prevented it, but the cir66 cumstances which so soon after my interview "with him took place, and his immediate departure from the island, rendered any fur"ther steps on this point unnecessary." 66 66 66 In a subsequent despatch from sir Henry Warde, it appears that he had been advised by the privy council of the island to express his displeasure to Messrs. Gill, Wickham, Grant, |and Walton, magistrates, for their conduct which he accordingly did. The papers contain a further correspondence between sir Henry Warde and earl Bathurst on the subject; a copy of an unsuccessful application from the Wesleyan Missionary Society to the lords of the treasury for compensation for the loss of their chapel, the opinion of the law officers of the crown on the legality of employing military force in the island in cases of riot, &c. JAMAICA. EXTRACT of a despatch from his grace the duke of Manchester to earl Bathurst, dated King's House, Jamaica, 30th July, 1824, in answer to a despatch from his lordship requiring information on the subject of the apprehension and de me, and therefore I delayed my application "to him till I could delay no longer. After "the usual formalities, I stated to his excel"lency that I was the Wesleyan missionary residing under his government; that in such "and such instances I had been molested in "the performance of my public duty; that asportation from Jamaica of two persons named Lecesne and Escoffery. 66 66 66 my congregation could not worship God in peace, I was necessitated to solicit his excel "The facts are simply as follow:-Lecesne and Escoffery were reported to me by the po"lice of Kingston as aliens of a dangerous de "be sent out of the island. Some little delay lency's interference and protection. His excel-" lency replied, that I ought to apply to the ma“gistrates first; that if they refused to protect" scription, and were in due course ordered to "me he would; but that he ought to be the "dernier resort. I replied that I was fully having however taken place in carrying this "sensible of the extreme propriety of his order into effect, petitions were presented to "excellency's remark, but that there was no "me on their part, stating that they were born “effective magistracy; and that the magis-" in Jamaica, and their general loyal conduct. trates bore me personal resentment, which" I immediately referred these petitions to the “was manifest from this simple fact:-I had "police of Kingston, directing them to ascer 66 |