Citation
The history of Jamaica

Material Information

Title:
The history of Jamaica or, General survey of the antient and modern state of the island: with reflections on its situation settlements, inhabitants, climate, products, commerce, laws, and government..
Added title page title:
History of Jamaica
Added title page title:
General survey of the antient and modern state of the island
Creator:
Long, Edward, 1734-1813
Place of Publication:
London
Publisher:
T. Lowndes
Publication Date:
Language:
English
Edition:
Volume 1
Physical Description:
3 v. : fold. fronts.[ v.1-2] plates [1 fold.] fold. maps, plan ; 28x22 cm

Subjects

Subjects / Keywords:
Slavery -- Jamaica ( lcsh )
Natural history -- Jamaica ( lcsh )
Jamaica ( lcsh )
Natural history. ( fast )
Slavery. ( fast )
Jamaica. ( fast )
Genre:
non-fiction ( marcgt )

Notes

Abstract:
Volume 1.
General Note:
Vols. 2-3 paged continuously
General Note:
Online version: Long, Edward, 1734-1813. History of Jamaica. London, T. Lowndes, 1774 (OCLC) 646824311.
Biographical:
Includes bibliographical references.
General Note:
PDF from Internet Archive added on Jan. 8, 2014.
Statement of Responsibility:
Illustrated with copper plates...

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University of Florida
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UF Latin American Collections
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Resource Identifier:
001135725 ( ALEPH )
01870657 ( OCLC )
AFN4927 ( NOTIS )
02011573 ( LCCN )

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THE
* > .
H I
*
' S T
O F
o
R
Y
J
M A
O R,
I
C
A
GENERAL
SURVEY OF
THE
ANTIENT
AND MODERN STATE
O F
THAT ISLAND:
WITH
Reflections on its Situation, Settlements, Inhabitants, Climate,
Products, Commerce, Laws, and Government.
9
IN THRE'E VOLUMES.
ILLUSTRATED WITH COPPER PLATES.
V O L. I.
mea fuit femper hc in re voluntas et fententia, quemvis ut hoc vellem de iis, qui
'client idonei fufcipere, quam meme, ut mallem, qum neminem.
Crc. Orat. inCjECiuuH
LONDON:
PRINTED FOR T. LOWNDES, IN FLEET-STREET,
MDCCLXXIY,


THIS VOLUME HAS BfcfeU
REVIEWED
FOR PRESERVATION* %
Date:


INTRODUCTION:
SEVERAL hiftories have been published of this ifland;
yet none, that I have met with, affords much more than a
general outline, very unfatisfa&ory to thofe who intend to
fettle in it.
Having fpent fome years of my life there, I thought I could not
devote my leifure to better purpofe, than endeavouring to give an
idea of its products, and importance to Great-Britain, beyond what
may be conceived from a perufal of thofe publications.
In regard to the plan of this work, it may be proper to adver-
tife the reader, that I have avoided entering into detail of the
characters and fpeeches of our governors; or reciting the various
Vol. I. B exploits


2
INTRODUCTION.
exploits of admirals and generals. The former would afford very
little matter either for entertainment or inftru&ion ; the latter are
copioufly related by different hiflorians, in treating of the naval
and military affairs of the mother ffate.
My intention is, to give a competent information of the efta-
blifhments civil and military, and ffate, of Jamaica, its produc
tions, and commerce ; to fpeak compendioufly of its agriculture ;
to give fome account of the climate, foil, rivers, and mineral
waters ; with a fummary defcription of its dependencies, counties,
towns, villages, and hamlets, and the moft remarkable natural
curiofities hitherto difcovered in it; to difplay an impartial cha
racter of its inhabitants of all complexions, with fome flri&ures
on the Negroe llaves in particular, and freed perfons, and the laws
affeCting them; and to recommend fome general rules and cau
tions for preferving the health of thofe who come hither from
Northern climates.
I fhould think my talk but indolently performed, if I did not
attempt, at the fame time, to point out many abufes in office, and
defeCts in the fyflem of government, which feem to call for re
medy, or amendment ; and, where the means of effecting the re
medy have occurred to me, I have prefumed to offer my fenti-
ments with freedom and impartiality.
The fubjeCts, which I wifhed to handle with moil accuracy,
are thofe which have relation to our commerce. Unfortunately,
I have not been able to obtain fuch ample information as I wanted.
But, where a full information has been wanting, I have fubflituted
the refult of my own judgement, founded on the bell lights in my
power to procure.
I confefs, that, in order to illufrate fome particulars, as well as
to render this traCl more fatisfaClory, I have had recourfe to a va
riety of authors: fo that, in many refpeCts, it will have the ap
pearance of a compilation.
The period of its hiflory, from the invaiion under Penn and
Venables, to the firft eflablifhment of civil government, has been
very fuperficially touched in other publications relative to this
iiland. A narrative, therefore, of that memorable expedition,
with the fate of affairs whilft the army remained embodied in the
iiland,


INTRODUCTION. 3
ifland, I have colleded from the bell authorities I could meet
with.
In regard to my remarks upon mal-adminiilration, whether of
government or office ; as I utterly difavow any thing perfonal, fo
I delire they may be conftrued to ftigmatize meafures, not men ;
or, if the latter, thole only who have been criminal.
My readers mull be fenfible of the many difadvantages under
which a writer labours, who, in treating of recent fads, or
fpeaking of his co-temporaries, is equally in danger, either of
flattering, or of giving offence.
The fpring of mens adions, as well as the true colour of their
charaders, are feldom clearly difcernible whilll they are living.
On this account, a writer is liable to be milled, either by popular
rumour, or his own imperfed judgement ; for, where the grounds
of any adion are unknown to the multitude, a common fpedator
can only endeavour to fix them as near to probability as his reafon
and penetration will enable him.
In regard to Colony adminiftration in general, there is fcarcely
an author on the fubjed, who has not produced inftances of con-
fummate tyranny and injuftice, pradifed in thefe remote parts of
the Britilh empire. The fubjeds here may be compared to the
helplefs offspring of a planter, fent to the diftance of many thou-
fand miles from his parent, expofed to the imperious domination
of ffrangers, and exiled beyond the reach of fatherly protedion.
It is not an ealy matter to difcredit what fo many evidences
have concurred in afferting : but it is very natural to fuppofe,
that the luff: of unlimited power, inherent to mankind, will
always ravage moft licentioufly in thole fequeftered places, where
the hand which ihould reftrain its career is too diffant, and the
reins are too much flackened by their immoderate length. Men,
entrufted with public offices fo far from the Mother-ftate, require
a chain, inftead of a thread, to hold them within bounds. It was
for this reafon, that the Romans, the moil generous of all con
querors, inffituted a means for punilhing extortion committed by
their praetors, or other officers, in their feveral provinces. The
impeaching before the ienate, and bringing to jullice, fuch offen
ders, was thought highly honourable j and was anxioully coveted,
B 2 and


4 INTRODUCTION.
and undertaken, by advocates moil difiinguiihed in the city for
their virtues, rank, and ability.V/e have feen (unhappily) the
reverie of this in our fyilem ; and tyranny has not only been de
fended, but even careiled and rewarded, in proportion as it has
been uncommonly daring and enormous.
The tyrant had only to call the rtruggles of the oppreifed by
the name of fahlion and, under the fnadow of this word, he
could conceal their wounds, and his own guilt.
A faithful defcription of our Provincial governors, and men in
power, would be little better than a portrait of artifice, duplicity,
haughtinefs, violence, rapine, avarice, meannefs, rancour, and
diihonerty, ranged in fucceffion with a very fmall portion of ho
nour, juftice, and magnanimity, here and there intermixed, to
leifen the difguft, which, otherwife, the eye muft feel in the con
templation of fo horrid a group.
How unpleafing then would be the talk of fuch a Biography,
which is to exhibit the deformities of human nature, unenlivened
with any, or but too few, of its graces !Yet, I confefs, that,
if a writer could fupprefs the averfion which naturally rifes at the
fight of loathfome objedls, it would be no fmall relief now and
then to paint thofe brighter tints of character, whofe radiance
gliftens through the difmal fcene, and receives a heightening from
the ihades and darknefs that furround it.- It is not the leaft of
our misfortunes, that, without recurring to part annals, we can
find but too much employment for the pencil in defcribing tyran
nies of the prefent hour : let thefe be expunged, and we fhall foon
forget what our progenitors have felt.Among the reigning op
pressions, none are more grievous than thofe which flow from the
injolence of office.Whatever examples of this fort I may drag to
the light, they will only be expofed from the hope of producing fu
ture amendment.We are not to exped, that men, inverted with
power at difcretion, will forbear, from an innate principle of
goodnefs, to make an ill ufe of it, while they can abu it with
impunity and profit. The moil certain method of teaching them
moderation is to take this exorbitancy of power out of their
hands; as a bear is rendered an inoffenfive animal by muzzling j
or a viper, by drawing its fangs.A knowledge of what pafles
within


INTRODUCTION. 5
within thefe dillant governments will convince the public, that the
two-edged weapons of power ought to be dealt out in them but
very fparingly. Perhaps, one principal caufe of its aoufe in the
colonies may have been, that it has feldom been arraigned at the
bar of the public: for, however ridiculous lome men would affect
to treat fuch appeals; yet there are no delinquents, who are not
confcious that they feel an inward tremor at the very idea of hav
ing their deeds of darknefs revealed, and diffeCied, before fo im
partial and rigid a tribunal. And, as frequent free affemblies of
the commons, by uncorruptible representatives, have been juftly
efteemed the belt Safeguard to our national freedom ; fo frequent
appeals to the public may be a fare and fpeedy means of procuring
redrefs for provincial grievances.'When the planters have com
plained of violations done to their liberty, the enemies of the
Weil-India iilands have often retorted upon them the impropriety
of their clamouring wdth fo much vehemence for what they deny
to fo many thoufand Negroes, whom they hold in bondage.
Give freedom (fay they) to others, before you claim it for
yourelves.Servitude, reilri&ed to a particular clafs of perfons,
was tolerated both by the Romans and Athenians; yet no people
were ever more jealous of their own liberty ; nor did they find
.their own enjoyment of it at all incompatible with the exclufive
obligation to labour impofed on others within a certain limit. On
the contrary, the higher eilimation they put upon their own in
dependence, the more indulgent mailers were they to their {laves :
for who doubts, but the Servant of a free man is more likely to
receive a mild treatment, than the Servant of an enlaved perln ?
What I have Said does not imply, that a fyilem of Servitude ought
to be introduced into any free country ; but only means to Shew,
that it may be permitted with leait disadvantage, both to the mailer
and vala], in thofe parts of the world, where it happens to be ine
vitably neceffary, and where, under proper limitations, it cannot
tend to enilave the principal ilate.To pave the way for fo fatal an
e fifed: as the lail mentioned, the flave-owners themfelves mull fir ft
be gradually inured to Subjection, and deprived of the right notion
of a generous, legal freedom. They muft be taught to confider
implicit fubmifiion to Superiors as the greateil of all virtues; and a
boundlefs*


6 INTRODUCTION.
boundlefs, blind obedience to authority, as the effence of all civil
duties.Nothing is more repugnant to fuch a degeneracy of the
human mind, than to encourage a high, a liberal, and independent
fpirit : and, for this reafon, the planters, or owners of (laves, in
our colonies, cannot be too fteddily fupported in the pofleffion of
Britiih freedom, to the fulled: extent that our conditution will bear.
Confidering the many efforts, that have been made, at different
periods, to debafe their minds, and the firm refidance they have
given to fuch ungenerous attempts; we have grounds to hope, that
they never will furrender their birth-right, but continue to maintain
the facred charter, with equal fortitude, to the end; that, when
Time (hall have left fcarce a fragment of it extant in the country
where it was fil'd promulged, it may dill be found entire and un-
diminifhed in Britljh America.
To obviate (landers, and explode thofe prejudices whjch malice,
or error, have generated, is another branch of this defign.
In the execution of my plan, I have digeded the various fubjedt-
matters under their relpedtive heads. They might pofiibly have
been thrown into a more connedted train. But there are fome
among them, which, with the remarks upon them, are particu
larly intereding to the gentlemen of the iiland ; and not of a nature
to claim much attention from thofe who have nothing to do with'
its internal policy and regulations. In fuch a variety of topics, it
is difficult to avoid fome little confufion, and perhaps repetition ;
though I have fallen into fuch irregularities, I may hope, but
feldom.
A complete hidory, which diould omit nothing worthy of no
tice, either in the frame of conditution, the government, laws,
manners, commerce, climate, difeafes, and natural hidory, can
only be formed upon a regular courfe of ftridt enquiry, vad appli
cation, and very long experience or, perhaps, from the united
endeavours of feveral perions; for thefe various materials can nei
ther be well colledted, nor digeded, by one man, efpecially in a
place where fuch fubjedts of enquiry are very little attended to.
They who in general vifit this iiland do not emigrate for the
purpofe of compiling hidories, but avowedly that of accumulating
money; which being their chief employment while they continue
to


INTRODUCTION. 7
to refide in it, we cannot exped that any one perfon ihould of him-
felf find leifure fufficient for bringing together the many things
required to form fo perfedl a ilrudlure; or that he can reap much
afliftance from others, who regard it only as a temporary abode, and
have no incentive to know any thing further about it, except in
what relates to their immediate occupation.
It is well underftood, that our governors have not gone thither
merely for the fake of taking the air ; yet a gentleman in this office
is better enabled than any other man to colledt the ufeful points of
information, as he poifeifes ample authority, as well as influence,
to obtain it from parties, and documents, the beft calculated to fa-
tisfy his enquiries.It is to be lamented, that none of thefe gen
tlemen have favoured the public with an account, for which they
might have procured the ground-work with fo much eafe to them-
felves, and utility to others. For want of fuch information, it is
impoffible not to commit miftakes in treating of the commercial
flate and population of this ifland. Private men are unable to rec
tify thefe errors, as they want the means and opportunity of ac
quiring exadl intelligence.
It may be thought, that political confiderations may have re-
ftrained them: but, furely, when a colony is found to be in a more
flouriihing condition than is generally imagined, no injury can ac
crue from corretling the popular mifapprehenfion ; and a difclofure
of its ftrength muft rather ferve to intimidate than encourage an
enemy.
What relates to forts and fortifications does not fall within the
hiftorians province fo much as thofe defences and muniments which
are founded on a right fyftem of government and policy; thefe are
the eifential bulwarks of a country. Whilil Britain continues
miftrefs of the fea, it is of very little confequence, whether the forts
at Jamaica are well or ill conftru&ed for defence.
The true ftrength of the ifland muft originate, not from the num
ber or nature of its lines and baftions, but from a well-regulated fpi-
rit of induftry, diffufed through every part of it. If this fpirit, by
means of any defefts in adminiftration, is hindered from afting to its
free and full extent, they ought to be pointed out, in order to be re-
7 moved ;


8 INTRODUCTION.
moved; and the removal of them mu ft tend to invigorate the
colony.
Where any weaknefs, therefore, is obferved to ipring from this
fource, a national enemy can derive no advantage from knowing it,
unlefs he is able to prevent a removal of it j which cannot happen, but
by his bringing it under his own fovereignty and legiflation.
But it is of the utmoil confequence, that it fhould be laid open to
the view of thofe, whofe duty and intereil it is to apply fit remedies.
And the prefent calm of peace moil opportunely affords leifure for
deliberating on the belt plans, and executing them without inter
ruption.
I have remarked, in public amblies, that the ableil politicians
are not always the firfl fpeakers; that all wait with impatience
till filence is once broken, perhaps by orators of the fmalleit capacity.
Like one of thefe orators, I deliver my fpeculations and projects be-
caufe none other of the crowd has flood forth to anticipate me; and in
the hope, that fome of better knowledge and experience will fecond
my argument. Imperfel as my endeavours are, I ihall think them
well rewarded, if they meet with approbation from thofe worthy men,
who, having fixed themfelves upon the foil, difpenfe happinefs and
fuflenance to thoufands in Britain. To their ufe I principally dedicate
my pen; and to their generous opinion I fubmit this unpolifhed furvey
of Jamaica.
CHAP.


[ 9 ]
CHAP. I.
Of the Government and Confitutlon,
AFTER the reduction of the ifland by Penn and Venables,
the Spaniards either quitted it, or were all driven out ; fo
that it remained inhabited chiefly by the ioldiers who had con
quered it: and it was governed, of courfe, by military law (which
is a branch of the law of England), until fome time after the
Reftoration of Charles II.; when the meafure of making it an
Engliih fettlement was adopted. The king, in order to induce his
fubjeds to tranfport themfelves and families hither, put out a pro
clamation [ larly, that all children of natural-born fubjeds of England, to
be born in Jamaica, {ball, from their refpedive births, be reputed
to be, and ihall be, free denifons of England; and ihali have the-
fame privileges, to all intents and purpofes, as the free-born fub-
jeds of England. Nor could any thing lefs than this have been
fufficient to induce the free fubjeds of England to quit their coun
try, and fettle in a remote climate.In purfunce of the royal pro-
mife, and as foon as the colony was numerous, and confiderable
enough to make it an objed for civil government, a civil govern
ment was inilituted, in moil refpeds the fame as what now exifts.
'The king could not give any other form of civil government, or
laws, than thofe of England j and accordingly the form of govern
ment here refembles that of England almoft as nearly as the condi
tion of a dependent colony can be brought to refemble that of its
mother country, which is a great and independent empire. Here,
as in England, we have coroners, confiables, and juftices of the
peace. We have a court of common-pleas, court of exchequer,
and court of kings-bench: we have grand and petty juries; we
have a court of chancery; court of ordinary for the probate of
wills, and granting adminiilrations; a court of admiralty for trial
[ Vol* h C of


IO
JAMAICA.
of offences on the high feas, and other bufinefs. civil and maritime :
courts of quarter-feflion, veftries; and, in time of law-martial, a
military court, whofe jurifdidion is controuled by the militia ads,
and from whofe judgement an appel lies, in capital offences, to the
governor in the firft inftance, and to the king in council in the der
nier refort in inferior cafes, to the governor only. The coroner
isekded by the people; the confiables are appointed by the juft-ices
.of the peace ; and the judges of all the courts ad by authority of
the kings commiffion under the broad feal of the ifland. The dif
ferent orders of judicature are then exadly like thofe in England,
fubfifting by the fame authority, and are inflituted for the fame
purpofes. There is fomewhat of the fame refemblance preferred in
the forms of our legiflature. It is compofed of three eflates, of
which the governor (as reprefenting the king) is head. Having no
order of nobility here, the place of an houfe of peers is fupplied
, by a council of twelve gentlemen appointed by the king ; which,
in the fyilem of our legiflature, forms the upper houfe. The lower
houfe is compofed (as in Britain) of the reprefentatives of the people,
eleded by the freeholders. Thefe three bodies form a legiflature,
which exercifes the higheil ails of legiflation j for it raifes money;
and its laws extend to the life, liberty, and property, of the fub-
.jed, feveral perfons-having fuffered death upon laws palled by our
legiflature, even before they have received the royal affent. Thefe
three efates ought, by the Englifh conflitution, to be perfedly free
in their deliberations, and perfedly independent of each other.
But the two fir it branches do not by any means refemble thofe
they are to ftand for fo nearly as the affembly does. For example:
The king appears perfonally, and in full majeity, at the head of
his parliament > his confent gives full life and duration to fuch bills
as are offered to him by his parliament; and he has in himfelf full
power to approve or tejed them. The governor, although he re-
prefents the king in our legiflature, yet ads by a delegated power,
and exercifes only fuch parts of the prerogative as the king is pleafed
to inftrud him* Thus too, although his confent be neceflary to the
enading of laws, and to the giving them full force while they lait;
yet it can give them but a temporary exiftence, until the kings
, pleafure is known y it is from his majeflys confent, that they re
ceive


BOOK I. CHAP. I. II
ceive their full life and duration. Our governor is alfo bound to
follow inftrudtions in his legiilative capacity; and is not therefore
nor can, from the nature of things, be independent. The members
of the council hold their places at pleafure, are liable to be dis
placed upon any occafion by a governor; and they have often been
difplaced upon very flight pretences. This body, therefore, is but
a very imperfedt reprefentation of a honfe of peers j and, becauie of
the uncertain tenure by which they hold their places, wants much
of that independence which is proper to every branch of the le-
giflature in a free country In their legiilative capacity, they claim
a right to the privileges of parliament; iince, in our conftitution,
their confent has been thought neceifary to the enadting of laws.
The aifembly, or lower houfe, has an exadt refemblance of that part
of the Britifh conftitution which it ftands for here; it is, indeed, an
epitome of the houfe of commons, called by the fame authority,
deriving its power from the fame Source, inftituted for the fame
ends, and governed by the fame forms. It will be difficult to find
a reafon, why it Should not have the fame privileges and powers,
the fame Superiority over the courts of juftice, and the fame rank
in the fyftem of our little community, as the houfe of commons
has in that of Britain ; efpecially fince all the courts of juftice here
are governed by the fame laws, enjoy the fame privileges, exercife
the fame powers, and hold the fame rank, with thofe they respec
tively reprefent. In Charles the Seconds time, the earl of Cariifle
was Sent hither governor, and brought with him a body of laws
fafhioned after thofe in Ireland purSuant to Poyning's acl [], with
inftrudtions to get them pafted here. But the aifembly rejedfed them
with indignation ; no threats could frighten, no bribes could corrupt,
no art nor arguments could perSuade them, to confent to laws that
would enflave their pofterity. The endeavours of fucceflive mi-
nifters were continued, for this purpofe, until the year 1728, when
king George II. gave his moil gracious aifent to an adt, commonly
called the revenue adlr which put an end to the conteft. This ratifica
tion of what may not improperly be deemed our great charter was
purchafed by granting therein a perpetual revenue to his majefty and
his fucceifors,-Having thus given a general view of our form of go-
[J See Appendix, B*
C 2 vernment,


i* JAMAICA. [A. D. 1660.
vernment, I fhall reprefent its progrefs from the conqueft of the
ifland to the year 1684, a fpace of twenty-nine years, extracted
from a manufcript whofe authenticity may be depended on.
After the conqueft of Jamaica, part of the army being left for
its fecurity, and the protedion of thofe who fhould be induced to
iettle and plant there, martial law became the rule of their govern
ment, and was continued until the Reftoration of king Charles II.:
but his majeiiy, bending his thoughts and councils to promote the
profperity of this colony, foon refolved, that the army ihould be
diibanded, and that a civil government ihould be erected, under
fuch known cuftoms and laws as would render the ifland agreeable
to the inhabitants, and beneficial to his kingdom. Accordingly,
colonel Edward DOyley, by his majeftys commiffion under the
great feal of England, dated the 8th of February, 1660, was ap
pointed governor of the iiland ; and was directed to proceed forth
with to the eledion of a council, to confift of twelve perfons,
whereof the fecretary of the iiland was to be one, and the reft to
be fairly and indifferently chofen, by as many of the army, planters,
and inhabitants, as by his beft contrivance might be admitted; and,
with their confent, the governor was empowered to ad according to
fuch juft and reafonable cuftoms and conftitutions as were held and
fettled in his majeftys other colonies, or according to fuch other as,
upon mature deliberation, ihould be held neceifary for the good go
vernment and fecurity of the ifland, provided they were not re-
pugnant to the laws of England. In obedience to this com-
mifiion, a council was eleded by the colonifts, in the nature of their
reprefentatives; feveral municipal laws were enaded ; civil officers
were conftituted ; and provifton made, by a revenue ad, to iupport
the charge of government, which was then computed at 16401. per
annum. But, the Spaniards frequently difturbing them in their new
poiTeffions, the army was ftill kept on foot: which preventing the
increafe of the colony, and reftraining the induftry of the inhabi
tants ; the planting bufinefs, and breeding of cattle, during this go
vernors adminiftration, were very little attended to.
The firft eftay towards eftabliihing and fettling of the government
proving therefore defedive, his majefty conftituted Lord Windfor go
vernor of the iiland y and* by his gracious proclamation of the 14th
of


16611664.] BOOK I. CHAP. I. 13
of December, 1661, (which his lordihip carried with him rc]), gave
great encouragement to the planters; and declared, that all the chil
dren of his natural-born fubjeCts, to be born in Jamaica, ihouid be
free denifons of England, and have the fame privileges, to all in
tents and purpofes, as the free-born fubjeCts of England. And, as
his lordihips commiflion and inftruCtions contained greater privi
leges, conceffions, and indulgences, to the inhabitants, than thofe
that were fent to his predeceflfors; l'o they were better calculated
for the more effectual eftabliihment of the government, by direCt-
ing, that it ihouid be affimilated to that of the kingdom : and, to
this end, he was empowered to appoint his council, and to call af-
femblies, according to the cuftom of his majeftys other plantations ;
to make laws,, which were to be in force for two years, and no
longer, unlefs confirmed by his majefty and, upon emergent og-
cafions, to levy money, &c. Lord Windforynot enjoying his health,
remained there but a few months : however, he fettled the militia,
and confequently diibanded the army. Upon his departure, in Oc
tober or November, 1663, Sir Charles Lyttelton at that time chan
cellor of the iiland, fucceeded in the government; and in De
cember 1663, by advice of his council^ called the firffc aifembly,
which confifted of thirty perfons; and, upon their meeting, they
enaCted a body of laws, with an aCt for railing money for the public
ufes, wherein the collection, difpofal, and accounting, were ap
pointed by the afifembly. In 1664, Sir Charles Lyttelton left the
government under the care and direction of the council, who chofe
Colonel Thomas Lynch prefident. Two thoufandJive hundred of the
inhabitants were then regimented, befides four or five hundred more
difperfed in the country ; and their provifions (as he afl'erted) greatly
increafed. This account was fo acceptable to his majeily in council,
that Sir Thomas Modiford was recalled from Barhadoee, and, by com-
mifiion under the great feal, (15 November, 1664,).. was conilituted
governor of Jamaica; with a power to ereCt judicatories, to call
affemblies, and (with their con fent) to make, ordain, and conilitute,
all manner of laws,, ffatutes, and ordinances, and, upon imminent
occafions, to levy money for the good and fafety of the public.;
which laws were to be, as nearly as might be, fuitable with, and
fe] See Appendix, Do
agreeable


i4 JAMAICA. [1670-i 674.
agreeable to, the laws of England. Accordingly, in his firft year,
he called an aiTembly, who enlarged and re-enacted the former
laws; and thefe, upon fome afturances given him of his majeftys
approbation, were continued in force during his government, which
ended in the year 1670. By the muiter-rolls of the militia about
this time, tranfmitted to the lords of the committee for trade, it ap
pears their number was two thoufand [even hundred and twenty ; and
that the number of feamen, in and about the iiland, was two thou
sand five hundred, privateering being then the great buiinefs and con
cern of the iiland. But, an end being put to that trade foon after
the American treaty with Spain, and the government being con
firmed by the new governor Sir Thomas Lynchs commiflion and
inftrudions, the improvement of the iiland was induilriouily profe-
cuted and encouraged; and the planters increafed, by the conftant
acceilion of others from all the feveral parts of his majeftys domi
nions. An aiTembly was called foon after his arrival ; by which the
laws that were paTed, and had expired in the time of the preceding
governor, were altered and enlarged; and, in two years after, not
being confirmed, they were again re-enaded, and fent to England
for his majeftys royal approval. Lord Vaughan fucceeded Sir Tho
mas Lynch in 1674; his commiffion named his counfellors, direde
his calling afiemblies, to be chofen by the freeholders and planters,
according to the cuftom and ufage of Jamaica, who were to be
deemed the reprefentatives of the people, to make laws (as near as
conveniently might be) agreeable to the laws and ftatutes of Eng
land ; thefe laws to continue in force for two years; but none to be
re-enaded, except upon very urgent occafions, and in no cafe more
than once, except with his majeftys exprefs confent. His lordihip
immediately fummoned an aiTembly, and pafied all the laws that were
then expired, which were fent to England to be confirmed, or other-
wife difpofed of, as his majefty ihould determine; but, not being
returned in two years, another aiTembly was called, by whom all
the fame laws were re-enaded, except the revenue ad, which was
rejeded by his lordihip. As he found the iiland in a flouriihing
condition, and that the people had been very eafy under the mild
and fuccefsful government of his predeceiTor; fo, by his indulgent,
fteady, and impartial condud, he greatly contributed both to the in-
creafe


16741678.] BOOK I. CHAP. I. 15
creafe and ftrength of the iiland. By an account of the militia fent
home, not long after his departure, they were augmented to four
thoufandfive hundred and twenty-fix, a greater number than they have
ever iince muflered ; and the planters exported, in the four years
from the commencement of his government, very near three times
as much fugar as they had exported in the three years and three
quarters preceding. Neverthelefs, this proiperous courfe was foon in
terrupted. Upon examination of the laws then in force in Jamaica,
fuch objections were raifed by the lords of the committee for trade,
that his majeity wras pleafed to rejeCl fome, and direCt the new-mo
deling of the reil, which were to be fent back, that they might be
pafled, by the afl'embly, after the manner in Ireland, according to
Poyning's laws; to which rule they were to be bound for the fu
ture : and, the aflembly having imprifoned one of their members,
for feveral mifdemeanors and breaches of order of their houfe, the
privileges they infilled on as natural and neceffary to the reprefen-
tatives of that colony, which were the fame that the houfe of
commons have in England, were like wife controverted. The afore-
faid laws were accordingly returned to Jamaica in .1678, by the
earl of Carliile, their new governor; who, on his arrival, called an
aflembly, in order to pafs the fame: but they, being much diftis-
fied with this frame of government, and with lofing their delibera
tive part in making and paiiing their laws, rejected them. The
next year, 1679, the faid laws were again tranfmitted thither under
the broad feal of England; and, though his majeily wras advifed
to furniih his governors, and their council, for the time to come,
with power to raife money, as had been praCtifed in their infant ftate,
if they did not comply with his royal commands, yet they again
rejected them. It would be too tedious here to enter into the argu
ments and reafons, that, on the one hand, wrere urged to oblige the
aflembly to comply, and, on the other, that were offered to fupport
the neceffity of re-eftablifhing their late conftitution. However, it
rauft be obferved, that, on the 23d of June, 1680, his majeily in
council was pleafed to order, that the following quefiion fhouid be
propofed to all the judges, viz. Whether, by his majeilys letter,
proclamation, or commiffion annexed, his majeily had excluded
himfelf from the power of eftabliihing laws in Jamaica it being
J a conquered


i6 JAMAICA. {16791682.
4t conquered country, and all laws, fettled by authority there, being
te now expired? What was reported hereupon by the judges doth
not appear ; neither is it material, lince his majefty very gracioully
condefcended, after hearing colonel Long and colonel Beelton
(who were deputed by their colony to fupport their allegations),
and the planters and merchants then refiding in London, by and
with the advice of his moft honourable privy council, to determine
in their favour ; and accordingly, by a new commiffion to the earl
of Carlifle, under the broad feal,.dated the 3d of November fol
lowing, not only reftored to their illand its former government,
and all privileges they had hitherto enjoyed, but enlarged them ;
and, in conlideration of the languihing fate of the country,
granted, that the quit-rents, &c. there ariling to his majelly, fhould
thereafter be appropriated and applied to the ufe of the public.
The earl of Carlifle having left Jamaica during this debate, Sir
Henry Morgan afled as lieutenant-governor in his abfence. His
lordfhip declining to return, his majefty gave the ifland a further
inftance of his great favour and goodnefs ; and, in 1681, appointed
Sir Thomas Lynch governor, and empowered him, with advice
and confent of the aflembly and council, to make fuch laws as
ihould be conducive to his majeftys intereft, and agreeable to them.
Accordingly, in 1682, feveral new laws were pafled by the gover
nor, council, and aflembly, whereof twenty-eight, on the 23d of
February following, were approved and confirmed by his majefty
for feven years; and thofe, with fome others that complete the firft
volume now in print, on the 17th of April, 1684, were approved,
and confirmed by his majefty for twenty-one years, and are ftill in
force.
In this manner was the legiflature of Jamaica at laft happily
fettled, to the great fatisfa&ion and encouragement of the inhabi
tants : and as this government was afiimilated, as near as poflible,
to the government of their mother kingdom; ib their aflemblies
were allowed, and enjoyed, the fame privileges that the houfe of
commons poflefled there. And, fince lord Windfor, under whole
commiffion aflemblies were firft eftabliffied, was directed, */ to do
and execute all things according to fuch reaibnable laws, ciiftoms,
t( and conftitutions, as ihould be fettled, provided they were not re-
pugnant


BOOK I, C H A P. I. 17
tc pugnant to the laws of England, but agreeing thereunto as much
u as the condition of affairs would permit. And, as the commif*
fions of fucceeding governors are of the fame import (as it cannot
be doubted, it was abfolutely neceifary the affembly ihould have a
rule to go by); fo it is fubmitted, whether the governors had it not
in their power to prefcribe this known rule to themfelves, and
recommend it to the affembly ; and whether they could lay down
a better. Their opinions, however, both of the conftitution and
privileges of the affembly of Jamaica, will appear by what follows.
In the year 1669, Sir Thomas Modiford anfwers to the committee
for trade, upon their enquiry how the legiflature was fettled, that
the legiflative power of making and repealing laws is fettled in
as reprefenting the lords houfe; and in the affiembly, compofed of
the reprefentatives of the freeholders, two perfons elected out of
each parifh, and thefe chofen as the commons of England ; being
** an humble model of our high court of parliament, each of the
refpe&ive bodies enjoying a negativet as well as an affirmative,
vote. Lord Vaughan, on a queftion that arofe about the method
of paffing laws, declared to the affembly, that he ihould guide
himfelf according to the ufage and cujlom of parliaments in Eng-
** land The affembly, in an addrefs to the earl of Carliile, upon the
objections that were made againft the imprifoning their members for
mifdemeanors, &c. fay, they hope it is juftifiable; the kings go-
vernor having affured them* that they have the fame power over
their members, which the houfe of commons have over theirs;
** and all fpeakers here praying, and the governor granting ,the
ufual petitions of fpeakers, as in England. Sir Thomas Lynch,
about the fame time, being called upon to give an account of the go
vernment of Jamaica, argues thus: If the kings commiffions
have appointed aflmblies, and if they have been appointed in all
the colonies from their frrft eftabliffiment, as a government the
moft juft, and like this of England; then they hope, that they
alone, of all the coloniesj ihall not be retrenched in any of the
privileges natural to fuch aflemblies. And, upon the aforefaid
defign relative to the paffing of their laws according to the Irifh
model, he offers it as his opinion, that, it was poffible, the council
Vol. I. D might


i8 JAMAICA.
might join with the governor to order thofe laws to be continued ;
but, he verily believed, they would not continue the revenue bill,
for that they thought peculiar to the ajfembly. In Sir Thomas
Lynchs ftate of Jamaica, which he tranfmitted to England in
i6$3, when he was placed the third time at the head of govern
ment, and after its re-eftablifhment, he aflerts, that all the rae-
thods and proceedings of the aifembly were conformable to thofe
of the Engliih parliament, as much as fo little a body may be to
fo great a one. And, in another account, he adds thus: The
king, by his charter of government, as commiihoner, has confti-
tuted afl'emblies, that are umbra of an Engliih parliament. Nei
ther were fuch conceffions inconfiftent with the ancient, nor the
modern, conftitutions of colonies ; for, as Grotius obferves, the
Grecian colonies, which conilituted particular commonwealths,
were to enjoy equal privileges and liberties with their mother cities.
And thofe that were afterwards planted by the Romans were mo
dels of that republic, notwithftanding they kept them in fubjedtion
and dependence: to which example all the nations in Europe have,
in general, ever fince refpe&ively adhered. From the whole, there
fore, it is very apparent by what rule the afl'emblies of Jamaica were
at firft conilituted, and afterwards direiled. And, lince neither the
ilanding rules of thofe afl'emblies, nor the privileges they enjoyed,
were ever difallowed at home, or oppofed abroad, during the reign
*of Charles II. except as has been related; it was manifeft upon what
foundation they flood. And it is lubmitted, whether any frame of
government lei's perfedl, or lefs acceptable to the inhabitants, could
have fupported them under thofe terrible calamities to which they
have been expofed; or have enabled them to fuftain the Ioffes and
damages they have differed, and to furmount thofe difficulties under
which they have long laboured.A few obfervations neceflarily oc
cur on the foregoing Chronicle \d].
That the original foundation of government in this iiland was
planned on the grounds of affimilation to that of the mother coun
try, by introducing a legiflature, and by forming courts of juftice,
and every other civil eftabliihment in general, agreeable to the model
[J] Drawn up by Sir W. Beeilon, and quoted in u Privileges of Jamaica vindicated a pamphlet,
of


BOOK I, CHAP. I. 19
of the mother ftate; leaving it to time, and the progrefs of fettle -
ment, to render the fame more exadl and perfect refemblances.
That, under this mode of eftabliffied government, the inhabi
tants were eafy and content, the colony grew populous, and conti
nued to flouriih ; until the miniftry attempted a total innovation in
their legiilature, which aimed at taking away from the common
people their deliberative ihare in the framing of thofe laws, by
which their lives, liberties, and properties, were to be bound. The
flame, which this indifcreet meafure kindled, in this infant and as
yet unfettled colony, gave an immediate check to its growth, and
had well nigh confumed it to the very root. And, although this
difpute with Lord Carlifle was terminated at length to the fatisfac-
tion of the inhabitants ; yet, during the conteft (I fhall affirm upon
the faith of other manufcripts, equally authentic), a very great
number of planters, and new fettlers, deferted the ifland, and
fought refuge in other colonies ; induced by a very natural and juft
appreheniion, that, if the folemn promifes held out to them in the
kings proclamation, brought over by Lord Windfor, and the uni
form aflurances of all their governors, were thus infringed, at the
pleafure of the prince, in one eflential point, they could hope for
no fecurity againft fubfequent violations of them in every other.
From a diftruft, therefore, of the machinations of government to
wards their ifland, they feared to continue any longer in a country,
to which the profpedl of enjoying an Engliih conftitution had in
vited them, but where they began to find they were likely to have
no fufficient fafeguard againft an arbitrary form.-It would have
been more confident with the honour of the lovereign, to have
taken the fenle of his judges on the redlitude of the meafure, ra
ther previous to its being adopted, than after. But the court chofe
rather to make the experiment firft, and then to confider its legality.
The advifers of fo unjuft and indefenfible an outrage ought moil
defervedly to have fallen ufider the vengeance of parliament ; hut
it pafled unnoticed. The ruinous condition of this colony, for
fome time afterwards, demonftrated the wretched policy, as well as
the bafe perfidy, of attempting fuch a change. The writer has
mentioned, that, after this fatal epoch, the inhabitants of his time
continued in the uninterrupted pofteffion of their ancient eftabliffi-
D 2 ment.


io JAMAICA.
ment. But innovations have neverthelefs been attempted finco
thofe days. Within the prefent century, a miniflerial projed was
ilarted, for compelling the people of this iiland, by the power of
prerogative, to pay the four and half per cent, annual duty on their
produce, to the crown, according to the ufage of Barbadoes and
the other i(lands. But the folicitor-general (Mr. Lechmere, if I
miflake not), being confulted hereupon, affined the miniiler, that
fuch an attempt would be no lefs than high treafon. And under
the terror of this opinion the fcheme was dropped. Attempts have
been alfo made, and frequently renewed, to prevail on the ailembly
to pas their bills with a clauie fufpending their operation until the
kings pleafure relative to them ihould be known ; but this with
an exception of money bills: an exception, which immediately be
trays the cloven foot; for, no doubt, bills for levying money on the
fubjed muil be always fuppofed free of error, and perfectly unex
ceptionable ; but a bill of more public utility would probably meet
with many obflacles, unlefs purchafed for a valuable cotifderation,
like the claufe in the revenue bill before-mentioned. The ad
mitting a fufpending power of this kind would at once preclude us
from all temporary provifions (money bills excepted), even the
moil neceffiary and beneficial. It is, in ihort, the old (lory of
Poynings law new-drefled. Moil miniilers, who endeavour to
force innovations of this nature upon a colony, are unfortunately
it? little acquainted with its internal policy, that they do not, in
deed cannot, fee the objedions againil them, arifing from that
very policy, moil of which are infuperable. Human wifdom is fo
limited, that laws are never made perfed at firil: time, and long
experience, deted their miilakes in iorne points; their inefficacy in
others. When a legiilature is eilablifhed in a commercial colony,
not half peopled, and where a fpecies of (lavery has been ad
mitted, new objeds, new incidents, are daily arifing, to call for
new legiflative regulations. Our diilance from the mother country
is fo great, that matters, which require an inilant application of
legal expedients, would become irremediable evils ; and the colony
would be expofed to the heavieil oppreffions, and moil fatal cala
mities, before his majeilys pleafure, concerning our ads of af-
fembly, could poffibly be known; oftentimes, before thofe ads
could


B O O K I. C H A P. I. ai
could perform half their voyage to Great-Britain. Our cafe would
be very different, if, like Jerfey or Guernfey, we were a 1 moil; in
the neighbourhood of Whitehall. Any perfon, that (hall iu'pet
the minutes of our affembly, and per ufe only the titles of thofe
afls which they annually frame, alter, or amend, will be con
vinced, that our claim of legiflation, according to the prefent mode,
is grounded in reafon, juft policy, and the neceffity of the cafe;
and that to pafs them with a fufpending claufe would be highly per
nicious to the colony. The greater part of them are merely local,
or provincial ; fome calculated for only temporary ends ; others to
take effecl as probationary, and to be refcinded again, or gradually
enlarged and amended, according as experience may determine their
good or evil operation for the purpofes intended. I ihall beg leave
to enumerate a fmall number of the heads, in order to juffify thefe
remarks, viz. a£ls for the better order and government of
llaves; for preventing the inveigling of Haves from their
owners, and the tranfportation of them from the illand by mort-
gagees, and tenants for life or years;for preventing the
practice of Obeah, and the firing of houfes and cancpieces;
for regulating buildings, wheel-carriages of burthen, highways,
tolls, turnpikes, prices of meat, markets, and fifheriesfor
removing occasional nuifanc.es from towns, harbours, roads, and
rivers for encouraging fettlers, regulating free Negroes, Mu-
lattoes, and Negroe towns, fale of Negroes on writ, execution of
levies, elections, courts, lawyers, and coliefling conflables, Mi-
litia, martial law, and articles of war iales of certain goods
by weight, and not by invoice droguers, or coafting vef-
fels; tranfcribing decayed records, and making them legal
evidence;appointing commiffioners of forts and fortifica-
tions;preferving the public papers and records;giving free-
dom to Haves, in reward of public fervices;and various other
provifions, all incidental to the colony, and calculated for the re
lief or benefit of its inhabitants; who, it cannot be denied, are
in general the heft judges of the evils they feel, and their proper
remedies; and, if fome of their afls have been deficient in ftyle
and compofition, or have failed of due iuccefs upon the firft trial,
itill it ihould leem, that thefe are not fufficient reafons for the abo
lition


22
JAMAICA.
lition of their legilative rights, or depriving the inhabitants, by
fufpenfion of two or three years, of beneficial provifions, framed
to fecure their lives and properties, which, in various cafes, might
require fuch immediate protection, and where delay would be death
or ruin.In all ftates it is belt, that evil practices ihould be nipped
in the bud ; the detection of them ought inftantly to be accompa
nied with a fuitable remedy. The invention of fome men is ever
on the firetch, to find out fome new modifications of criminal pur-
fuits : and hence arife thofe frequent fophiftical evafions of penal
law's ; and the reiterated exertion of legiilature to flop up every hole,
that the moil wily tranfgreifors may not efcape. Yet, as it is im-
pofiible to advert to every contingent circumitance; fo the genius of
man invents new evils, which require new and timely remedies.
The maxim of our conftitution is, ubi damnum, ibi remedium.
This ihould be a lefion to every legiilature; not only that the evil
and remedy ihould be conftantly found together, but that the former
ihould no fooner be difcovered than repreffed by the latter. But, if
a legiilature has power only to enaCt laws, to be of effeCt at a future,
diftant period of time; their provifions will operate, until that time,
only as notices to bad men, to employ every moment of the in
terval in reaping a full and plentiful harveft. It is not many years
ago, that a mortgagee found means to get poileflion, upon his
debtors deceafe, of all his eilate, and fhipped off the iiland and
fold all his Negroes, whofe value wras of treble the amount of his
demand. He alfo conveyed himfelf away foon afterwards, to the
great lols of the other creditors and heir at law. Had this man
ftaid in the iiland, here was no law upon which he might be tried
and puniihed. What then would have been the confequence, if
our legiilature had laboured under a difability of ^providing a re
medy? Every other mortgagee in poileflion throughout the iiland
might have adopted this iniquitous example with impunity, and fet
our courts of juftice at defiance for feveral years, or until the pre
ventative law' ihould have been confirmed by the crown, and pub
lished in the iiland. A multitude of cafes might be prapofed/*to de-
monftrate the abfurdity and evil tendency of fufpending chufes.
Every colony-man is fully fenfible of this; nor will any, but the-
moil profligate and ill-intentioned, ever give them the fmalleffc
6 countenance.


BOOK I. CHAP. 23
countenance. The miniftry, I am perfuaded, would ceafe to con
tend for them, if they were better informed, and made to fee their
mifchief in its full latitude. Some of the ablcft writers have con-
fidered the difpenjing power, formerly exereifed by the crown, as
amounting to a full legiilative authority. Of the two, a difpenjing
is, doubtlefs, of more pernicious confequence to the public welfare
than a fufpending power. It is more fatal for the fovereign to break
at pleafure the eftablifhed laws, which are the main reilraints upon
his defpotifm, than at pleafure to hinder any from being efhtblifhed.
This, however, mu ft be taken in a relative fenfe, and according to
the circumftances of any particular ftate: for, in a ftate as yet un
provided with fufficient laws for controuling the regal will, the
power of fufpending would, at all times, ftrive to prevent any new
controuling laws from taking effeCh Thefe two powers, though
tending in the main to an iffue fomewhat different, may yet be pro
ductive of one effeCt common to both ; namely, that of enabling
the fovereign to abforb the whole legiilative authority into himfelf;
iince a power of fufpending durante bene plcito implies a power of
taking off the fufpenfion, and giving vitality to any law upon fuch
conditions only as he may pleafe to impofe or exaCt. Thus the af-
fembly could never be fecure of permiffion to obtain any new law*,
except with a tack of perhaps very unpleafant conditions, entirely
foreign to their inclination and intereft. In this cafe the fovereign
might proceed to exercife a full legiilative authority, by framing, as
well as enaCling, the effential parts of a law; or might annihilate
the legiilative authority of the people at pleafure, by rendering all
their aCts non-effcCtive ; or he might alient to them only upon fuch
terms as ihould wholly deftroy their legiilative independency. The
difiinftion between thefe two exorbitances feems to be, that, as the
difpenjing power enables the fovereign to free himfelf from all obli
gation of the laws to which he has folemnly a fien ted ; fo the fuf
pending power enables him to difqualify the popular reprefentatives
from pofiefling any (hare of legiflation, except in laying burthens
upon their conftituents; leaving them, in ihort, no other power,
than the power of opprejfing the fubjeCt under the colour of law.
Another attempt has more recently been made, to deny the afiembly
their accuftomed privilege of freedom from arrefts pending the fe£
lion


24 JAMAICA.
lion of their houfe; the right of taking in cuftody, by their fpeakera
warrant, contumacious perfons, according to cuftom of parliament ;
and, thirdly, to fubjeft fuch commitments to the abfolute controul
of the governor as chancellor; reducing them, by this means, to
an inferiority of jurifdiCtion to all thole courts which are neceiTarily
conftituted amenable to the aflembly; and difarming them of all
power to enquire into the illegal proceedings of the chancery and
other courts; or to procure, for injured and opprefled fubje&s, that
redrefs which they could no otherwife hope to obtain. But from
thefe extraordinary attacks of defpotifm, as well as from an endea
vour to wreft, out of the hands of the people, their right of railing,
appropriating, and examining into the expenditure of, their own
monies, notwithftanding every art of wheedling and intimidation
have been ufed, they have been hitherto ihielded by the laudable
fpirit and virtue of their reprelentatives: nor will thefe, nor other
evil defigns, be attended with any thing but reproach and difgrace to
the projectors and abettors of them, fo long as the ailembly ihall be
compofed of honeft, Heady men ; who know, that, however much
the conceflion of fuch rights may be pleafing to the governor, or
minilter of the day, it cannot fail, in the end, of defolating this
colony. Whatever a governor, or other minilter, may think, or be
told, the molt valuable men, and bell fupporters of it (who are the
honeil and induilrious), will eafily remove to other countries, per
haps to a worfe government, even in the French iilands, where men,
bringing their families and effects, would be well received, rather
than continue where they are not fullered to enjoy a Englijh go*
vernment. An unfettled mode of governing, and the apparition of
freedom without the fubltance, will make every thinking indepen
dent Briton rather prefer a fettled, abfolute form of eftablilhment,
than fuch a fleeting, painted ihadow. The uncertain tenure of the
largeft property, under a government which is ever mutable, and
whole limits are not marked by the plain lines of known laws and
equitable fanctions, will incline all reafonable perfons rather to feek
an afylum, where they may be fure of holding a certain, though
fmaller, benefit, where they already know, or think they know, the
worfl, than remain .in a filiation, where they are ever fufpicious of
feme confpiracy againlt their welfare, and retain only the found, not
the


B O O K I. CHAP, I, 25
the reality, of a birth-right. It is much to be regretted, that the
people of the colonies ihould not be left undidurbed in the poi-
feflion of thofe few liberties their progenitors dearly earned, and
which are abfolute.ly necedary for them ; and that they fiiould not.
be rather amplified than abridged. But hidory evinces, that, in all
ages, there has been one let of perfons uniting its efforts to enilave
mankind ; and another fet, to oppofe fuch attempts, and vindicate
the caufe of freedom. The accidental circumdances of men may,
perhaps, occafion this difference : the rich are the natural enemies
of the poor; and the poor, of the rich ; like the ingredients of a
boiling cauldron, they feem to be in perpetual warfare, and druggie
which iliall be uppermod : yet, if both parties could compote
themfelves, the faces would remain peaceably at the bottom ; and
all the other particles range themfelves in different drata, accord
ing to their quality, the moil refined floating always at top. It is
the myflerious flame, the facer ignis of prerogative, which can fes
the ebullition, and raifes that ferment which goes under the iligma.
of popular faction: by which means it not leldom happens (as I
have fomewhere read), -that the dregs, by degrees, attain to the
top, and there fettle themfelves. In a colony, which, by the nature
of things, can flourifh no longer than vvhilfl its inhabitants are at
peace with each other, and employed in the avocations of induffry;
nothing furely can be more impolitic, and baneful to the mother
iiate, than to introduce party feuds. The contagion of this pedi-
lenee reaches far and wide ; none efcape it; even our very Negroes
turn politicians. Wafle of time, obdrudlion to all profitable bu-
finefs, are the lead hurtful confequences. Fortunes have been con-
fumed here, whole families ruined, by oppofition ; and many ho
ned creditors defeated of their due (perhaps ruined alfo), by nu
merous infolvencies. The father has been embittered againd the
fon, the fon againd the father ; the warmed friends have been
converted into implacable enemies; and many have defeended into
their graves without reconciliation or forgivenefs. Such are the de
plorable effects of kindling party-rage in fmall communities; and
more particularly in thofe parts of the world, where the nature of
the climate tends to exafperate mens paffions, and is ever adding fuel
to the fire. That minider of date, or governor, will deferve bed
Yol. I. E of


26 JAMAICA.
of his country, who labours moil to preferve the colonifts in peace
and unanimity; and to hold their minds directed to a iteddy courfe
of induftry, fo beneficial to Great-Britain j granting them all due
protetion, and every other juft encouragement and favour that a
reafonable people can require, or a patriotic minifter beftow.
CHAP. II.
SECT. I.
Of the Governor.
THE governor is reprefentative of the king in ats of legiila-
ture ; generaliftimo of all the military forces; vice-admiral
for confervation of the rights of Flotzam, Jetfon, &c.; and pre-
fident on trials for piracy, under the flat. Gul. tert.; chancellor, and
keeper of the great feal, of the ifland; judge of probate of wills,
and granting adminiftrations in the ecclefiaftical court; judge of
appeal in the court of errors. He is ftiled, governor of Jamaica,
and of the territories thereon depending in America. By theft
territories are fuppofed to be meant the three Caymana iflands, fi-
tuated a few leagues Weft ward of Jamaica; the logwood creek at
Honduras; Campeadle bay ; and the country of the Mofquito In
dians j who, having many years fince fubmitted voluntarily to the
crown of Great-Britain, and admitted feveral Britiih fubjets to
enjoy very large trais of land among them, may juftly now be
deemed adopted fubjels of the empire, and merit our encourage
ment, not only for their long and faithful attachment to us, but
for their annual confumption of Britiih manufalures, by no means
inconfiderable ; for which they pay us in valuable productions of
the Continent. But to return to the governor. He is a vice-roy ;
a legiflator ; a general; a judge in equity and law, in ecclefiaftical
and in maritime affairs ; a combination of offices, which, at firft
view, feem to require fuch an accompliihed education, fuch a com-
prehenfive power of genius, judgement, memory, and experience,
as


BOOK I. G H A P. II. 27
as are almoft inconfiftent with the limited period of mortal ex-
iftence, or with the common faculties of the human mind. What
then are we to exped from thofe governors, whofe education and.
profeffion have tended more to miflead, than inftruft them in the
knowledge of thefe fo very diffimilar functions, and who cannot be
fuppofed to know what has never been any part either of their
ftudy or purfuit ? Would not a Chinefe philofopher, if he was
to be told of thefe various employments thus centred in one man,
neceflarily conclude, the firft and ableft geniufes were fele&ed from
the whole nation, to undertake and execute a fyftem of duty fo
complicated ? But what mu ft be his amazement, to be informed,
that, in general, their qualifications have been neither enquired into,
nor regarded, in the appointment ? From the commander of a
brigade of foot, a gentleman is metamorphofed, on a fudden, into a
grave judge of eourts, to difcufs cafes in equity, fblve knotty points
of law, or expound the doctrine of laft wills, devife, and inheri
tance. What is to be expe&ed from fuch judges ? May they not
either commit grofs abfurdities from ignorance, make arbitrary de-
cifions from avaritious or tyrannical principles, be remifs and dila
tory from a fcrupulous fear of doing wrong, or, confcious of then-
own weaknefs, reft themfelves on the private opinion of fome felfilh
retainer to the law, who has cunning enough to turn this abfolute
controul over a governors judgement to his own lucre in the courfe
of practice ? I have heard of a colony-chancellor, who ufed to
throw the dice, in order to determine which way he fhould decree :
the higheft throw went in favour of complainant; the loweft, for
defendant. Sometimes (the ftory fays) his decrees were confirmed :
but whether he was right once in five times, or oftener, I muft
leave to the enquiry of thofe who are learned in the calculation of
chances. I have been told of another, who, after the caufe (which
relpedled a certain title-deed then given in evidence) was finiihed,
found himfelf exceedingly puzzled with the arguments of counfel
on both fides. But at length, happily difcerning the gift, and de
livering his opinion, that, if it were not for that fame deed, no
caufe of litigation would remain between the parties, which
they allured him was extremely true ; he very wifely poked it into
the fire, and confumed it before their faces, in order to take away
E 2 the


28 JAMAICA.
the bone of contention ; and upon this maxim, cejfante caifa, cejfat
effeSius. I liave been informed of another, who, after hearing a
caufe in chancery, defcended fo low as to aik a ilupid, drunken fo-
licitor, one day after dinner, and over the bottle, how he thought
the decree ought to pafs, for that, as to himfelf, he was
dmnbly at a lofs what to determine. I have heard of ano
ther, who refufed a civil officer the habeas corpus, and caufed him
to be laid in gaol, and confined like a felon for a long time in irons,
for no*other offence,, but becaufe the officer would not ailifl him in
making ralle returns of affembly members. The fame chancellor
held a difputation from the bench with afolicitor of his. court ; and
threatened to imprifon him for life, becaufe he had taken notes of.
iome expreffions that had dropped from the chancellor at the hear
ing, which the chancellor denied having fpoken, although every
one prefent affined him that he had uttered them ; and, to compleat,
all, he committed the folicitor to prifon, for this high contempt oj the
court. The fame chancellor is more than fufpeftcd of having
caufed a fuit to be inflituted againft a gentleman of fortune, who
had oppofed his violent proceedings in the colony. He is laid to
have fet up an attorney at law to claim an eftate belonging to that
gentleman, and to have given a decree in favour of the attorney,
which entitled him to immediate poffeffion : but, upon appeal to
Great-Britain, the decree was reverfed, as in juflice was to be ex
pelled [ chancery, to. the great oppreffion of the fuitors, who cared not
which way he decided, fo he would not thus obilruft their caules
from travelling onwards to the appeal court. The reafon he af-
figned for this neglect and delay of juitice was, that his profits in
chancery (about 50/. per annum) were not proportioned to the
trouble and drudgery of fitting as if the large fal'ary given him,
and the whole emoluments of his government, were not a fufficient
compenfation for his trouble in the exercife of his feveral duties.
The fame chancellor ufed, when he did lit, to cite the kings in-
itruftions. as rules of his confidence in that court. I need not add
more examples in corroboration of my premifes. Indeed, moil of
[] N. B. Since this affair, the governors decree (by order) cannot give podeflion, except where
the lofmg patty declines his right ol appeal.
I
Otlf


B O O K I. CHAP. II. 29
our governors have been ingenuous enough to confefs, that there
was no part of their duty which they diiliked ib much, and under-
dood fo little, as that of determining cauls in the courts of chan
cery, and ordinary. No wonder, then, if they are frequently be
wildered in a maze of doubt and uncertainty; liable to great errors,
if they, rely on their own opinion (which, however, is the moil con-
feientious mode of deciding); and to partialities and injuftice, if
they differ their judgement to be influenced and perverted, by afk-
ing advice of venal, crafty perlons, who will be more likely to con-
fult the fattening their own purfe, than preferving the governors
character from blemifh. Befides, dome of this mercenary if amp are
apt to value themfelves on being thought intimate confidents of a
governor; like thofe 'coxcombs, who with to appear in the height
of favour with women of rank, beauty, and virtue, and thus bring,
fometimes, an unmerited ilur upon their reputation. As a remedy
for this,...we may fuppofe. the office of chancellor to be held and ex-
ercifed by a didinft perion or perfons: for example ; by one, or more
old barriilers, who have praftifed at the bar a certain number of
years (fourteen at the leaf!), of known good ability, moderate
fortunes, and refpe&able chara&ers ; wko (hould have a falary, to
be paid by the ifland, over and above the cudomary fees, and
ihould every year hold four courts, at dated times, for motions and
petitions, and four for hearings. Nothing is more true, than that
the procradination of juffice is as grievous as a denial of it. The
tardy procefs of the chancery court is the principal caufe of its
being made (with us) a fan tu ary for knaves, and malicious litigants.
The eafy and honed method of giving relief in this cafe is, by
frequent fittings; thus counteracting the vis inertia of procefs by
the great energy with which it is urged forward. This is one means,
of preventing vexatious dirts : another is, by rendering the inftitu-
tion of frivolous fuits a matter of more ferious concern than it is
ordinarily confidered. This is to, be effected by enhancing the ex
pence, and making it ultimately fall upon the party in the wrong in
all adyerfary fuits; and this will be no inequitable tax upon his
wilful obdinacy. For in dance; a tax might be laid, after this
manner ,
On


JAMAICA.
£
s.
On every bill filed, -
2
0 except informapauperis.
On every anfwer,
2
0
On every interlocutory decree,
2
O
On every attachment, "
1
0
Attachment, with proclamation,
I
IQ
Commiffion of rebellion,
5
O
Commiffion to examine witnefieS,
2
O
Final decree,
5

Motions and petitions, each
0
5
The produce of this tax (which ihould be received by the regiiler,
and by him accounted for, and paid over once a month to the re
ceiver-general, deducting a fee of fix pence in the pound for his
trouble) might be applied towards defraying the chancellors falary;
which officer ihould be removeable by the governor by advice of
his council, or by his majeily in council, upon due proof and con
viction of mifdemeanor in office. The governor to be allowed 50/.
per annum by the ifland, in addition to his ialary, for the lofs of his
ufual profits of this office. The judge of probate of wills, and
granting adminiitrations, ihould alfo be a diftinCt perfon, a man of
fortune fufficient to fet him above corruption, qualified by education
for this office, and fatisfied to tranfaCl it for the cuilomary fees and
emoluments, which, I believe, do not exceed 1001. per annum, in
cluding the feal-fees on every dedimus. This fee is 2/. ys. 6d. which
might ft ill be paid to the governor: but, if it ihould appear, upon fair
inquiry, that the remaining fees ihould come hort o 100/. furely,
this appointment would not fall very heavy on the public, in bellow
ing inch an annual falary. Perhaps, no perfon is better qualified for
this duty than a fenfible clergyman. Our governors have ulually
given the reCtory of Spanifh town to a man of good character and
ability. The ilipend and furplice-fees of this living are a very fuf
ficient provifion to keep the incumbent above meannefs and venality:
befides, he is refident where the court of ordinary has been ufually
held; and the public would have a firm fecurity for his faithful dif-
charge of the office, if he was to be declared, by law, to incur for
feiture of his ilipend, upon being legally found guilty of mal-prac-
tice and corruption in the office of ordinary. The addition of 100/.
a year to the reClors income might be a defirable objeCt to him, who
has


BOOK I, C H AP. 11. 31
has fo many leifure hours to fpare; and, perhaps, it might not be
equally fo eligible, or fo proper in all refpe&s, for moil others. The
governors jurifdidion, as chancellor and ordinary, bring, in the
courfe of a few years, the greateft hare of this countrys property
to his determination ; which furniihes another obvious argument.
SECT. II.
Governor s Salary.
ORIGINALLY, governors were paid by the king out of his
civil lift. By degrees, as the colonies grew richer and more popu
lous, they gave prelents or donations to fuch governors as merited
well, or had art enough to cajole them into good humour. The
crown at length fearing, that, if governors were left at liberty to
take whatever was given by the people, they might accept bribes, -
and relax in their care of prerogative, with a view to pleafe their
benefa&ors, forbade them to accept of any gratuity, unlefs fettled
upon them by a law, on their entrance into adminiftration, to con
tinue during the term of it- When a perpetual revenue was efta-
blifhed in Jamaica, the governors ialary was fixed at 2500/. cur
rency per annum, and charged upon that fund. The inhabitants
have, fince that time, ufually made an augmentation to it of 2500 L.
more. Our governor, for the time being, has like wife a farm flocked
with cattle and fheep, and a mountain fettlement for provisions*.
with a comfortable houfe upon it; both at a fin all diftance from the
feat of government. His emoluments altogether are computed, one
year with another, at a certain 5000 /. fterlingyVr annum, in time of
peace: but they exceed this in time of war the granting letters of
marque, and commiffioning cartels, or flags of truce, being no in--
confiderable perquifites. In the hands of fome gentlemen, vvhofe
vigilance nothing could efcape, it has been raifed-to much more, by
the fale of efeheats, redlories, and all other appointments, which >
happened to fall vacant during their adminiftration. Some have
pra&ifed this; and others descended to very culpable meanneftes, ,
till they contrived to make the profits double what I have men-*
tioned : for there are between fifty and fixty offices of profit in this
ifland,


32 J A M A I c A.
ifland, without including benefices; feme of which are in the go*
vernors abfolute grant by warrant ; and of the remainder he has
the appointment, pro tempore, upon accidental vacancies by death,
fufpeniion, or otherwife. A governor, not of rapacious difpoiition,
might unqueftionably fupport the dignity of his flation in every ne-
ceflary point, live with. elegance, and lay up 3000/. fterling per
annum. The colonies are remarkable for having always ihewn a
fpirit of liberality towards their governors; which rarely met with
a grateful return. The inhabitants of Barbadoes were drawn in to
grant to the crown four and half per cent, on their ifland produce
annually; which, they were allured, fliould be fiddly applied to
all the contingences and exigences of their government. So far
was it, 'however, from ferving thele purpofes, that it became only a
prefent from the crown to worthlefs favourites ; and the people had
the mortification to find, that not a fhilling of,it was expended on
the ufes for which it had been granted. The people of Jamaica,
profiting by example,.refilled, and efcaped the tax. Although le-
.cured from this impofition, they have neverthelefs exceeded the pro-
.vifion, made in their revenue law, by a bill, which is palled at the
acceffion of every new governor, as I have already mentioned.
This addition they mean as an inducement to their governor to treat
them well. A governor confiders it in a different light ; for, this
.act of liberality being confirmed and llrengthened in a courfe of
feveral years, he regards it as much a matter of right belonging to
him, as what is called the kings falary, which is paid out of the
ifland revenue. It muft be owned, he is exceffively civil and com-
plaifant at firi! fetting out; but, the bill being once palled which
fettles the annuity upon him during his government, he feems to
retain very little fenfe ot obligation. He ads like a groom, who
coaxes and cardies the Heed that enjoys freedom in the paflure,
until the bridle is fixed in its mouth, and, then vaulting on its back,
whips, kicks, and lpurs it on through thick and thin, without
mercy. The people, it mull be allowed, have ihewn fome pru
dence in granting this Hilary only during the governors adual reli-
dencc in the ifland; by which precaution, no perfon appointed to the
poll; can enjoy thele fruits of it without coming to refide here, and
not an hour after quitting the ifland. The people have, now and
then,


B O O K I. CHA V I. 33
then, determined to break through this itrong hold of cuitom, and
pafs an annual bill: but this could only be effected with a new go
vernor ; and fuch a man having generally (as a tranger) many
friends, and no enemies, the aifembly have relented, from a genera
lity and good-nature peculiar to them, and from an unwillingnefs
to greet a gentleman of rank, on his firft arrival among them, in a
manner that might feem difobliging, and to carry the appearance of
a puniihment infliited upon him for the fins of his predeceffors in
office. It had been better, perhaps, if, like the people of Netv-
England, they had fhut their eyes and ears againit every argument,
but the peace and welfare of their country. If their donation was
originally intended as a purchafe of friendfhip, and they found, by
experience, that they gained nothing by making payment before
hand, they ought to have been leis liberal to men of whofe difi-
pofitions they were totally ignorant. A competent knowledge might
have been obtained of both upon proper enquiry and reafonable
trial: the reward ihould have followed the fervice; for the expec
tation of future recompence will, in general, be more prevalent
with mankind, and ilimulate more to good deeds, than a fenfe of
gratitude for pait favours; a fenfe, that too often is obferved, like
the memory of diftant tranfa&ions, to grow every day more faint
and inactive, until at length it becomes totally obliterated. A go
vernor, having once eitabliihed his falary, has nothing left to wifh,
or deiire, from the people, except the populans aura, the breath of
applaufe, which it has been faihionable for all thofe to difdain, who
were ambitious of being well with the miniiler: for, as the miniilef
is the objeft either of deteftation or popularity, his fubalterns muft,
in common good-manners, take (hare with him in the former, and
not rival him too far in the latter. A governor, then, having got
all he can expeit from the bounty of the iiland, exclaims, with
Syphax in the play, Cafar, I'm wholly thine / and, neceffarily
turning his eye towards his miniilerial creator, purfues fuch a
iyftem of conduit as, he thinks, will belt obtain prefent protection,
and entitle him to future remunerations at home, after the talk of
his prastorfhip ihall be accompliihed. I mean not to give offence :
I apply to no particular man. The Roman provinces were not with
out their Verres. Our iiland has unfortunately been fcourged by
Vol. I. F more


34 JAMA I C A.
more than one of that family. I mull, therefore, exhort my ge
nerous countrymen to draw their purfe-ftrings with difcretion, and
never lofe light of the beacons held out to view in their lifter co
lonies, as well as in their own. It is more natural to fuppofe, that
aman, who has himfelf an intereft: in a country, fhould be more
concerned for the good government of it, than one who looks upon
it as a temporary dwelling [f \ whither he has procured himfelf to be
lent, to build a fortune from the ground, or patch up one that is
wearing into a ftate of decay. The people of Barbadoes, in the
year 1662, by the perfuafion, it is thought, of Lord Willoughby
their governor, palled that fatal law before noticed, granting to the
crown four and half per cent. upon all dead, commodities of the
growth or produce of their illand, ibipped off the fame. This
was intended, u for maintaining the honour and dignity of go-
vernment there, the charges of the meeting of- the fellions-houfe,
the attendance of the council, reparation of forts, building a feffions-
houfe and prifon, fubfifting the regular troops, the governors fa-
lary, and all other public charges and contingences incumbent on
government. Not one of which articles was in the leaft com
plied with ; but, on the contrary, the inhabitants were obliged, by
other taxes, to defray all the charges of their government: none of
the money remained in Barbadoes, except with the collectors of the
duty. Charles II. in whofe reign this; grant was made, laid claim
to the whole for the fupply of his privy-purfe, and diftributed it
away in peniions; fo that the iOand received no benefit whatever
from it. The people madeTome attempts, particularly in 1-675,
when their country was almoll defolated by a terrible hurricane, to
get this law repealed ; and petitioned for this purpofe, but without
effeCt; for the doCtrine of refunding never holds in thefe cafes. So
far from giving any redrefs, an additional duty was laid upon their
fugar in the following reign which, though obtained in parliament
upon the faith of the kings prornife [tgl, that, if it proved grie-
vous to the plantations, it ihould be taken off, has been ever
fince continued, in breach of the royal word, nbtwithftanding the
[/] This is meant only of governors* fo long as they may continue to be paid and maintained
by the colony, and not by the crown.
[g] King James I.
many


BOOK I.
CHAP. II.
35
many reprefentations of diftrefs thereby occafioned ; and, in fubfe-
quent reigns, it has been fwelled with frefh augmentations. About
the year 1722, Mr. Worfley being appointed governor of the fame
ifland, the affembly there fettled on him 6000/. a year fterling, for
the fupport of his government, by a tax far exceeding the ability of
the people, no lefs than 2s. 6d. per head on Negroes. This was
over and above the ufuai fees and perquifites of office, which alone
would have been fufficient for his perfonal and houffiold expences.
It was granted from the hope, that it would induce him to obtain
redrefs of their grievances, and redore peace and trnqu ljity to the
ifland. The governor, however, having fecurely fflened this bur
then upon their ihoulders, was fo void of all fentiment and grati
tude, that he exercifed his authority over the people in the moil: ar
bitrary and unwarrantable manner. This at lait grew fo intolerable,
that the incenfed fufferers came to an alnioft general refolution not
to pay the tax. Hereupon he applied for orders f om home fo*
putting the law in execution. The aiTembly petitioned againft him,
but in vain. The inhabitants paid, at that time, 10,000/. a year to
the unappropriated revenue ; and 50,000/. a year in cuftoms. They
complained, the ifland had been fo far from reaping any advantag
from their indifcreet generality, that, on the contrary, the publi
good was entirely negleded, and no meafures taken to redrefs their
grievances; but his excellency and his creatures had thereby
been better enabled, and more at leifure, to cpprefs the inhabi
tants; the militia had been totally negleded ; their fortifications
fuffered to go to decay; the public flores were embezzled ; and
all perfons in office under his excellency bufied in nothing but
how to raife fortunes from the ruins of the people : that, by this
tax, all the current cafh of the ifland was: brought into his ex-
cellencys coffers; trade ftagnated ; the value of the ifland pro-
duce was lowered, to the vaft damage of the diflrefl'ed inhabitants,
who were forced to part with their goods at any price, to raife
' their quota of a tax, not only heavy in itfelt, but doubly grievous
li in regard to the ill effeds it had upon trade, and the markets in
the colony. Such is the piddre exhibited, by the reprefentatives,
of the wretched flate to which their country was reduced by an ex-,
cefs of confidence and bounty, lavifhed on their bafe and worthlefs
J F 2 governor.


3\6 J A M A I" C A.
governor. Such was the vice-roy, feledred from a great kingdom,
and fent to fleece and play the tyrant over the induftrious planters of
an abufed colony. Such was their fupreme legiflator, and com
mander in chief. The baihaw, who ihould be found guilty of
having perpetrated fuch iniquities in a Turkifh province, would in
fallibly forfeit his head, or periih by the bow-ilring. But our
Engliih delpot was permitted to fit down quietly in the enjoyment
of his plunder, to laugh at the eaiy credulity, and mock the impo
tent rage, of an injured people. At the time when this, hero
thought proper to quit -the iflnd, and repair to England, near
20,000/. of this money was in arrear. This he profecuted, and
recovered to the uttermoft farthing. The bad effeCts of this enor
mous and fatal grant were the principal caufe of the fteddinefs of
the New-England aflembly, in oppofing the ftated fettlement of an
annual falary on their, governor, although he was a native, and
therefore not likely to mifufe the treafiires that might be given him.
They have inflexibly perfifted in this wife refolution ever fince ; and
experience has not only confirmed them in the propriety of their
condu£t, but has alfo taught them? this pofition, that their deter
mined inflexibility has forced their governors thankfully to accept a :
falary according to the meafure and mode prefcribed by their af-
fejmbly, and notwithftanding any injlrudiiom to the contrary.
SECT. III.L
Militia CommiJJiom. .
TiH E governor grants all commifiions in the militia indepen-
dentlyof the council and aflembly, and taks them away at difcre-
tion. It is, in part,' by an improper exertion of this power, that the
militia of our ifland is much degenerated from what it antiently was.
The policy of it requires every-man to enlift, who is capable of
ferving; and our militia laws have enforced this maxima How in
jurious, therefore, mud it prove to the welfare of the ifland, aud its
fecurity, that men of fortune and ability have fo often been caprici-
oufly fuperieded, and caufelefsly deprived of their commifiions, to
regale


B O O K I. C H A P. II. 37
regale the paflions and humours of fuch governors! Few fucli
men are now ambitious of ferving. Initead of this, they hallen to
be fuperfeded by the governor, that they may retire as reformed of
ficers, not being compellable to accept a commiffion inferior in
rank to what they have before held. Governors, having no fil
tered in the fate of the country, nor caring what became of it
after their prefent turn was ferved, have too frequently been ad
dicted to thefe abufes; promoting mean and unworthy perfons to
commiffions of rank, and arbitrarily removing gentlemen of the
moil refpeCtable qualifications, to make way for them; There is
nothing of more coniequence to the fafety of the ifland, than to
kep up a well-difciplined and properly-officered militia, and to
make this fervice (which is without pay) fo honourable, as to be
coveted by the moil opulent men in the ifland. The way to eiTeCt
this is, to obtain the royal faiiCtion to a law which ihall deprive the
governor of this pernicious power, and leave him the right of ap
pointing with advice and confent of his council; but in no cafe to
veil him, with, authority to break, or fuperfede, an officer, except
after a regular, fair trial, conviction, and judgement, by a court-
martial. If this regulation took place, no officer could be dripped
of his commiffion without having been guilty of fome mifdemea-
lior to deferve fuch diigrace ; and governors would not be left at
wanton liberty to facrifice, to their private fpleen and petulance, the
general.good of the ifland. It is greatly to be wiflied, that his, ma-
jedy would; fo far relax his prerogative in this neceifary point, fince
the very being of* his colony feems to require it. ¡. The terms of
every mans patent here provide, that he ihall bear arms, and defend i
the ifland, againfl all infurreCtions againfl his majeflys government, ,
and hoflile invafions of foreign enemies. But, what defence is to >
be expeCled, on the one hand, from ,a parcel of, hired fervants, who
have no intered worth. contending for ; and, on the other, from a
men of real property, who, by becoming reformed or fuperfeded I
officers, are in a manner excluded from all aCtive fervice, and to- -
tally unpraCtifed in the ufe of arms, and knowledge of military dif-.-
cipline ? A new regulation,of our militia feems,to b much wanted; ;
but the driCted rules of war will;be ineffectual, while this exor- -
bitant authority is differed to remain .in. the hands of a commander r
in chief.,
SECT.


JAMAICA.
SEC T. IV.
Iriftriiclions.
PRIVATE intrudtiGns from the crown to the governor are
held to be reftridtive, as laws, upon him and his privy council :
they cannot be fuch on the people, They may be confidered as the
grand fources that feed the ferments and diviiions between gover
nors and colonifts, which have fo often plunged a whole country
into the utmoil confufion, and drawn the induflrious, labouring in
habitant from his hufbandry, or trade, to idle conteils in the poli
tical field, with no lefs detriment to the colony, than to the mother
ilate. Governors have a diferetionary power, in molt cafes, whether
to difpenfe with thefe inftruclions, or enforce. Many of them are
repugnant to each other; and, by lapfe of time, and change of
manners, are now grown inconfiflent with the conflitution : yet
the fame form is literally adhered to, and, like a ihadow, regularly
accompanies every new Com million. Ought they not to be revifed ?
or, rather, why do they exift at all ? if they are not effectual, why
are they fuifered to remain mjlatu quo ? The people will not re
ceive them, and are not compellable to receive them, as laws. Why
tiren are they not, at leaf!, pruned of excrefcences, and reduced to a.
fmall number, relative to fuch articles alone as materially affedt the
juft prerogative of the crown, and diicipline of the privy-council?
A wicked and artful governor, iheltering himfelf under the ambi
guity of their exprellion, is able to pervert them to the wrorft pur-
pofes, and to expound lome claufe for his junification in the
moil violent and daring attacks he can make on the liberties
of the people. They, who are perfectly fenfible of this, from
fad and long experience, receive every propofition that comes
from their governor with jealoufy and fufpicion. Hence a total
want of confidence; which is followed by mutual difeontent and
hoftile behaviour. Hence the public bufinefs is interrupted, the af
fairs of adminiflration negledled, the people diilatisfied, and anxious
for a change. Thele inilruClions are never communicated to the
6 people


BOOK I. CHAP. IT. 39
people by fome governors; and, by others, they are retailed in
piece-meal, only to fhew, that their hands are tied up from doing
what, perhaps, the colony exigences, and univerfal voice of the
people, require. A man, armed with fecret orders and inftitutions,
comes, like an aifaffin, with a dagger concealed beneath his cloak;
and his fmiling countenance is juilly regarded as a cover to fome
villainous defign. Is it becoming the dignity and candour of Briiifh
government, to tolerate, now-a-days, this appearance of perfidy and
under-hand dealing ? Inform the people at once what is expected
from them ; and, if it is legal, not a man would lift his hand
againft it. Eftabliih mutual confidence.. This is the only way to-
make Britiih fubje&s in love with government, and ever ready with
their hearts and purfes. You may gain both by opennefs of con--
dudj but you muff ever depend on finding them finut fail again ft
duplicity. Diffidence directs the way to caution; caution to re--
iiflance, In the primitive unfettled times of colonization, inftruc-
tions might be proper; in this age, they feem in great meafure un-
necefftry and infignificant, the fprings of much animofity, and of
no one apparent advantage to government. If they ferve for fhelter
to a bad governor, that he may fcreen himfelf from the refentment
of an injured community, they will as aifuredly be turned into
ftumbling-blocks in the way of,an upright one. They are difliked ;
by fuch governors ; and execrated by the people.
SECT. V.
Of FaSlions in Jamaica.
IT has been a commonly-received opinion, that the people of
this i'iland are fond of oppotition to their governors; that they are
ever difcontented, and tadious. This notion, artfully difl'eminated
by bad governors and their adherents, is extremely unjuft. The na
tive lpirit of freedom, which diiiinguuhes Britiili iuejects beyond
moft others, is not confined to the mother country ; but difeovers ir-
felr in the remoteit parts of her empire, and chiefly in a reliflance
to


4o JAMAICA,
to ads of oppreflion, and fuch unwarrantable meafures, as they
know, or at lead believe, have a certain tendency to abridge them
of thofe rights to which they lay claim in virtue of our excellent
conftitution. It has been obferved by a writer, and very juftly, that,
whenever any innovations are, by adminiftration at home, intended
to be made upon the eftablifhed conftitution of our colonies, they
naturally will begin with fome infignificant colony, and, from pre
cedents of impotent colonies, proceed to impofe on the more rich
and valuable ones. A recolle&ion of attempts of this nature, and
the appreheniion of lofing any part of their eftablifhed rights, render
the colonies ever vigilant, jealous, and ready in oppoiition to their
governors, upon the firft glimmering of fuch an intention to impofe
upon them. It muft be confefled, that adminiftration firft allured
people to fettle in the colonies by every offer of favour and indul
gence ; yet has it afterwards been, at all times, too prone to repent,
as it were, of its generofity, and to endeavour to draw back again
fome part of its firft concefiions. The attempt, during the reign of
Charles II. to impofe the Irifh mode of legiilation upon this ifland,
is ftill freih in their memory : not lefs fo are the many fubfequent
endeavours to abridge their legiflative freedom ; to fubftitute the
kings inftructions for laws of the ifland ; to hold their adts of af-
fembly in fufpenfe, until the pleafure of the crown fhould be known;
to raife money by governor and council, without the concurrence of
the peoples reprefentatives j and other enormities of the like nature,
Befides, not a few needy minifterial dependents have been fhuffled
into this government, merely to enable them to replenifh their
empty bags by meannefs and oppreflion $ fome of whom, being far
inferior in fortune, education, and ability, to many gentlemen in the
ifland, have juftly become the objeils of their contempt, if not ab
horrence. The gentlemen of this ifland regard a governor in no
other light than as their fello'iv-Jubjedi. If he acquits himfelf with
honour, good fenfe, and propriety, in his office, they refpecl and
.efteem him accordingly; but, as they are for their own parts honeft,
undefigning, frank, and munificent in their difpofitions; it is very
natural for them to defpife a perfon inverted with this high office*
who fullies it with the haughtinefs, bafenefs, penury, and rapacity,
of his temper and a lions. If a governor* fancying himfelf on board
man


BOOK I. CHAP. I. 41
a man of war, will take upon him, in a fit of wrath, to lay men
in irons in a common gaol, to laugh at the habeas corpus, and at
tempt innovations in government of the moil dangerous tendency;
ought he not to be refilled ? If another, qualified by preeminent
abilities for governing with honour, finks unhappily beneath the
influence of an avarice which neither a fenfe of duty to the nation,
nor regard to his office and chara&er, can reilrain ; proilitutes all
for money; and not only pra&ifes himfelf, but encourages in fub-
ordinate departments, the moil pitiful exactions; if, fullying every
virtue of his heart with difingenuity in his profeffions, rapacity
and defpotifm in his actions, he ilabs the trade of the colony,
fets the inhabitants at variance with each other, impairs the public
credit, degrades the dignity, and abufes the duty and power of his
truil; can it excite wonder, if fuch a ruler ihould be oppofed by
all, except that moil fervile and abandoned herd which is endued
with the like fordid paflions, and actuated by the fame views, as
himfelf? Our misfortune is, that the people at home are informed
of the exiilence of thefe difputes and difguils, without knowing
the true and genuine fprings of them. When they hear the inha
bitants blamed, the governor extolled, they ihould referve their de
termination until they can learn the whole merit of the cafe on
both fides; for they would then find, that, nine times in ten, the
people are in the right, their governor greatly culpable. Acls of
arbitrary power, and other mifdemeatiors in office, which frequentlv
involve a whole colony in difcord, mull ever be attended ultimately
with confequences diiagreeable to all perfons in Great-Britain who
are connected with it in commercial tranfaClions. Such perlons.
rarel-y look further, than to fee that the confignments arrive in
their hands regularly and punctually. They chufe not to have the
fober walk of trade interrupted with the cabals and politics of a
colony: they judge thefe to be incompatible (as indeed they feem)
with the -fpirit and fuccefs of mercantile bufinefs; they are, there
fore, ever forward in cenfuring the planters for leaving the main-
chance, to contend againil the violences of a governor ; not confi
ded ng that a colony mull ceafe to flouriih, the planters to be in-
.duilrious, their fettlements to thrive, trade itfelf to profper, of
their remittances to flow plentifully towards Great-Britain, when-
Vol. I. G
ever


42 JAMAICA.
ever the inhabitants are deprived of thofe neceflary benefits, pro
tection and encouragements, which chiefly render their fettlements
eligible, the colony vigorous: for fuch were the true and original
foundations upon which the coloniils were fir ft induced to exhauft
their purfes, and almoit their lives, in thefe diftant corners of the
world. They may think it immaterial: but I will venture to fay,
that no governor will ever be acceptable to the colony, whofe dif-
poiition and behaviour do not qualify him to be beloved at home.
On the other hand, a governor, who poflefles a generous heart, a
liberal and comprehenfive mind, a fuavity of manners, and virtuous
principles, will ever be admired, refpeCted, and almoit adored, among
the inhabitants. Such gentlemen as Lord Howe, at Barbadoes;
Sir William Beeiton, and the late governor Trelawney, at Jamaica;
will always command the affections and purfes of a colony. But,
as for the whole tribe of hirelings, tools, and iycophants, men of
narrow fouls and mean prejudices, they rauft never expeCt to
meet with that friendly reception amongft plain, honefl men, to
which neither their character, principles, nor conduCt, entitle
them. Their conceit and vanity, on being elevated to a vice
royalty, will pervert what little underitanding they poflefs; and,
when joined to a corrupt heart, and a felfiih, fervile turn of mind,
they muit neceflarily be prompted to exercife every ipecies of wanton
caprice, and oppreffive and arbitrary meafures; defcending, at the
fame time, to the loweft practices of venality and difhonour. The
whole body of our Jamaica merchants and traders is deeply in-
tereited in the appointment of a governor of that ifland. While
the internal tranquillity and harmony of the planters remain unin
terrupted by wanton infults and mif-rule of their governors; and
while the traders of the ifland receive all due encouragement and
protection in every ufeful branch of their commerce; the whole
and united force of induftry throughout the ifland, every por
tion of time, will be applied, in one general exertion, to the in-
ereafe of produce, and fuccefsful progrefs of trade. The effeCts of
this, in punctual and fatisfaCtory remittances to the mother country,
muil (we may fuppofe) be more pleafing and defirable to the Britiih
.merchant, than to fufifer under thofe frequent difappointments,
a alarms,


BOOK I, CHAP. II. 4 3
alarms, delays, and ihort confignments, which are ufually the con-
fequence of political dlitradion in a colony: by thefe, the hours,
days, and weeks, that fhould be devoted to buiinefs, are confumed
in the vehemence of party wrangle and eledion contefts; the
mills fland dill ; ihops are (hut up; and the whole country be
comes a fcene of tumult and litigation. Seeing, therefore, the im
portance of their interpofition, I iincerely wiih, that they may, at
all times hereafter, exert themfelves in preventing the appointment
of any man, w'hofe charader, difpofition, or circumdances, may
have a tendency to produce a fcene of difcord and confuiion, fo very
obnoxious to the filtered and welfare of every perfon connected
with the iiland. It is, indeed, their particular duty to be thus at
tentive ; for the gentlemen of Jamaica have it not in their power
to conted any appointment, though ever fo unpleafing to them ;
fcarcely learning who is to be their governor till he fets foot among
them. Beftdes, the charaders of public men are much better
known in England than they can be abroad: and, when perions
are honoured with this commiffion, whole reputation and principles
are irreproachable, and even highly approved in England; the
people of Jamaica will, with greater propriety, merit the epithets of
fadious and turbulent, if they fhould wantonly oppofe the admi-
nidration of fuch men. Fadions need not be apprehended, if the
perfon, appointed to this government, joins integrity of heart to a
competent ihare of ability. Nor will the duties of adminidration
be fo arduous, in the hands of fuch a man, as might at frit be fup-
pofed ; for, in the conduding of ordinary buiinefs, after acquiring
a knowledge of the forms, what remains will be found to glide on
eaiily, by means of order and method. In fad, the routine of bu
iinefs is a point of the lead concern. Abilities will add lufre to the
ftation, and may give difpatcli to buiinefs when, rightly applied.
But the eifential qualification is goodnefs of heart; without which,
the greater the abilities are, the more reafon will the people have
for dreading their proditution to bad purpofes. In few words, the
fir ft great principle is, to mean well; the next, to do well.
G 2
e hap.


44-
JAM A I C A.
CHAP. ill.
S E C T. I.
Lieutenant Governor and Prejident.
rpHE lieutenant-governor and prefident of the council are*
1 allowed, by the king's inlrution, to take only one half of
the revenue falary of 2500/. if they fhould fucceed to the fupreme*
command ; notwithfhnding that the expences, during their go
vernment, are as large as thofe of a governor in chief. If the go
vernor and lieutenant-governor happen to die, or are obliged to be-
abfent from the iiland for a twelvemonth, on account of health, one-
half of their revenue falary, or 1250/. devolves, upon their demife,
or during their abience, to the preiident of the council; who then*
becomes commander in chief pro tempore. In the mean time, the*
country allowance of 2500/. is fufpended, as it is made payable only
during adfual reftdence on the iiland. Some miniiters have con
ceived an opinion, that the furplus of the governors revenue falaryy
viz. 1250/. per annum, accruing during the adminiitration of a lieu
tenant-governor, or preiident, is a lapfe to the crown, and lies in
his maje flys difpofal, at pleafure. But in this they have been
miflaken, for want of knowing, that, by our revenue-law, the crown
has fully granted, and conveyed away, all right and pretention to any
fuch furplufage unto the public of Jamaica, for the ufes of go
vernment there [Z>]. The crown, therefore, being precluded for
ever by this grant, cannot alter the difpofition of it: and, in pur-
fuance of that law, it is- appropriated, by the legiilature of the
[/>] By elaufe 28, it is enabled, that the faid whole revenue lial be appropriated to the fupport
u of the government of this iiland, and the contingent charges thereof, and the other ufes in this adb
mentioned ; and tono other ufe, intent, orpurpofe, whatfoever.And* by elaufe 27, allfur-
plufages of the revenue, or excefs, over and above the flipulated annual eitimate of 8coo4
44 per.The meaning of which feems tobe, that they ihould not be applied, except under the di
rections of a politive law of the iiland7 nor to any ufes other than the ufes of the iiland go
vernment,
iiland,


BOOK r. C II A P. III. 45
illand, in aid of the other proviiions for defraying the contingent
charges of government. Previous to the exigence of this law, the
crown difpoid of fines, forfeitures, quit-rents, and efcheats, at
pleafure. With refped to the revenue allowance itfelf, of 2500/.
the crown may itill grant it in fuch meafure, to the commander in
chief for the time being, as feems good : and, on the fucceifion of
a lieutenant-governor, who is ordered to take only one moiety of that
fum, the other moiety commonly ferves as a finking jund, to make
good deficiences in any other branch.
It is fuppofed, that a prefident of the council, taking upon him
the government on the demife, abfence, or non-appointment, of a
governor, or lieutenant-governor, cannot legally d/Jjblve the houfe of
afiembly, nor iffue writs for calling a new one; becaufe he has no
exprefs commiffion from the fovereign, under the great feal of Great-
Britain,- giving him authority for this purpofe. By the laws of Eng
land, the king ought to be prefent in his parliament, either in per-
fon, or by reprefentative. The manner in which he is reprefented
is-by a commiffion under the great feal, directed to certain eminent
perfons,.. empowering them to begin the parliament, to prorogue, or
to diifolve it. His majeftys commiffion, under the great feal, to his
locum tetuntes, the governor, or lieutenant-governor, authorizes them,
by the fame conftitutional rule, to, do and execute certain things
which they could not otherwife legally or conlitutionally do. I
have never heard, that fuch an authority to diifolve aifemblies was
ever given to a prefident of the council; and, if a prefident has at
any time exercifed fuch a power without the authority of fuch a
commiffion, I prefume' it was wholly illegal and unwarrantable. I
have mentioned this, becaufe it feems neceflary that the extent and
limits of their feveral provinces ffiould be precifely marked, and
publicly known. Againft the oppreffive ads and mif-rule of go
vernors, the people of the colonies have three modes of redrefs.
The fir ft is, by petition to his majefty in council, praying the re
moval of the offender. The fecond, by fuit in the court of kings-
bench at Weftminfter.-hal] [/]. The third, by complaint preferred
at the bar of the houfe of commons.. The firft mode is what has-
generally been purfued. It is true, his majefty in council may not
[Per Ut. 11 & 12 Gul, III, cap, i a.
have.


Iiave power to inflid any oilier degree of puniihment on the go
vernor, than removal from his pofi : but the colonifts have been fa-
tisfied with bringing bis tyrannies to this period, without deiiring to
profecute any further revenge. This mode, it muft be allowed, is
extremely imperfect, and the redrefs dilatory. The people muft be
greatly incenfed, by a continual repetition of injuries, before they
will make this requeft tp the throne : and, coniidering the remote-
nefs of their fituation, the governor has full leifure to take ven
geance on his accnfers, previous to his recall: he may alfo throw
tuch obftacles in the way, by difiolving their aflembly, and refufmg
to call another, as may prevent them from uniting, and framing
fuch a petition in the regular way. Their laft refource in this event
is by remonftrance of a grand jury; and of this the hiitory of Ja
maica furniihes one example. The fecond means of redrefs is
fuiiable only to private wrongs done to individuals : for the col
lective body of the people cannot fue in the kings-bench court;
or, if they could, a law-court feems infuificient for the purpofe,
becaufe offences in government, though very grievous, can hardly
ever be fo accurately defined, as to be the proper objects of fuch a
court, tied up by forms, and the rigid letter of the law. The third
mode is undoubtedly equal to the fubject of complaint: but, as
the bad conduct of any governor muft reflet fome fcandal on his
patrons, and thus involve them in his difgrace ; and as fuch a perfon
is generally powerful in his family or party connexions at home ;
we do not find any-example of effectual redrefs obtained through
'this channel. The colonies muft, therefore, appear to be left too
much expofed.; and not adequately provided with a means of bring
ing a bad governor to condign puniihment. Such a man can never
be deterred by the fear of a recall, after he has enriched himfelf by
his iniquities: fearlefs of any other confequence, he regards it not
as a puniihment, but as a means given him of retiring quietly to
enjoy the fruits of his mal-adminiftration. It may not be improper
to clofe this fubjeeft with a iketch of the conftitution which prevails
in the French iilands : but I ihall leave it to the reader, to draw his
own conclufions from an impartial comparifon.
The government of the feveral divifions of the French ¡Hands is
in a governor, or general, an intendant, and a royal council. The
governor


BOOK I. COA P. III. 47
governor is invefted with a great deal of power ; which, however,
on the fide of the crown, is checked by the intendant, who has the
care of the kings rights, and whatever relates to the revenue; and,
on the fide of the people, it is checked by the royal council, whole
office it is to fee, that the people are not opprefifed by the one, nor
defrauded by the other; and they are all checked by the conftant
and jealous eye of the government at home ; for the officers at all.
the ports in France are charged, under the fcvereif penalties, to in
terrogate all captains of ihips, coming from the colonies, concern
ing the reception they met at the ports they were bound to; how
juftice was adminiffered to them ; what charges they were made
liable to, and of what kinds: the paffengers, and even the failors,
are examined upon thefe heads; and a verbal procefs of the whole
is formed, and tranfmitted with all. ipeed to the admiralty. Com
plaints are encouraged ; but a difference is made between hearing
an accufation and condemning upon it. That the colonies may
have as little load as pofiible, and that the governor may have lefs
temptation to itir up troublefome intrigues, or favour factions in his
government, his falary is paid by the crown. His perquifites are
none; and he is ilriclly forbidden,to carry on any trade, or to have*
any plantations on the i{lands or on the continent, or any intereil
whatever in goods or lands within his government, except the houfe
he lives in, and a garden for his convenience and recreation. All
the other officers are paid by the crown, and out of the revenues of
Old France, The fortifications are built and repaired, and the fol-
diers paid, out of the fame funds.
SECT. If.
, Seals...
THE governors privy-feal, or feal of office, is Ins coat of arms
cut on a die about the fize of a half-crown piece. This is ufed for
dealing orders of council, orders for furveying land, civ il and mili
tary commiffions, warrants, prefentations, and the like. The great
feal of the id and. is, I believe, equal in fize to the great feal of
Great-Britain,,
2


48 J A M A I C A.
Great-Britain. It is affixed to all patents, commiffions de luntico
inquire?!do, grand commiffions of the peace, and of ojer and ter
miner, writs for electing members of the aifembly, and generally
to all fuch inftruments as are fealed in the like manner in Great-
Britain.
On one fide of the great feal are the royal arms and titles. On
the reverfe, in the time of Charles II. that monarch was repre-
fiented enthroned in his royal robes, holding the globe and fceptre:
at the foot of the throne, two Negroes $ genoux before him, fupport-
ing a baiket filled with American fruits. On the exergue, carol vs
5ECVNDVS., DEI GRATIA, MAGNAE BRIT ANN1AE, FRANCIAE, ET
HI BERN IAE, REX ; DOMINVS JAMAICAE; FI DEI DEFENSOR.
The addition of dominus, or lord of Jamaica, was affumed by
that king in compliment to the iiland, meaning to take it under
his efpecial patronage. Below is this motto : dvro de cortice,
FRVCTVS QVAM DVL-CIS !
On the prefent feal his majefty is reprefented in his regalia,
ftanding a little inclined forward, holding the fceptre in his right
hand, and extending his left towards a baiket of fruit, which a
Negree, in a favage drefs, prefents d genoux, or in a kneeling pofture.
In another compartment are the arms of the iiland. The inferip-
tion is, mutatis mutandis, the fame as that above-mentioned. If the
group was intended as emblematical, there feems a very linking
propriety in it. The attitude in which his majefty is placed may
denote his gracious eondefeenfion towards his fubjedts of this co
lony ; and the fubftitution of one Negroe, with a very large colla
tion of fruits, in the room of two, with a much fmaller baiket,
may ferve to indicate, that the crown receives far greater benefits,
in its prefent fiouriihing ftate, from the labours of one fubjedl, than
Charles gained from double the number.
C HAP.


BOOK I,
CHAP. IV.
4?
C H A P. IV.
Of the Council.
THIS body is appointed by his majeftys writ of privy-feal,
which conftitutes the individuals of it members of his ma
jeftys privy-council for this ifland. Their legiflative authority is
fuppofed to be held by virtue of a claufe of his majeftys com-
miffion to his governor under the great feal, empowering him to
concur with the council and affembly in palling laws, ftatutes, and
ordinances. What further concerns their authority and proceed
ings is regulated by their own votes, or by the royal inftructions,
of which every governor receives a code at the time of his ap
pointment. Upon being honoured with a feal, they take an oath
of fecrecy and fidelity. The full complement of the board is twelve.
The governor is empowered to fill it up to feven, but not beyond ;
and this is neceflary, becaufe it has fometimes happened, that go
vernors have thought themfelves obliged to fufpend every one of
the members, and replace them with a new fet; whofe appointment
in this mode, being grounded on an inftrudion, is not valid with
out his majeftys confirmation. Five, I think, according to their
ufage, make a quorum. Their officers are a chaplain, clerk, uffier
of the black rod, mefl'enger, and printer. The governor may fuf
pend any, or all of them, without aligning his reafons either to the
member fufpended, or to the reft, or taking the fenfe or confent of
the majority thereupon.. He i?, by the crown, commanded to fig-
nify the caufe of fufpenfion to the lords commiflioners for trade and
plantations (perhaps alfo to the fecretary for the colonies), to be laid
before his majefty in council, that he may judge of its fitnefs. He
i to allow them freedom of debate on all matters which may be
debated at their board; to communicate fuch of his majeftys in-
ftrudlions as he thinks proper for his majeiiys fervice; and, before
the fufpeniion of any members for non-attendance, he is to admo-
nifh them; but, if they perfift in their error, he may then apply
the rod of fufpeniion. He is likewife direded to tranfmit lifts of
Vol. I. H fuch


JAMAICA.
fuch perfons in the colony as he thinks moil: proper to fupply
vacancies at the board, who are fpecially required to be men of
good ability, fortune, and not much in debt an injunition which
has not always been rigidly obeyed. In the fufpenfion of members,
a governor may be influenced by unworthy motives but, as a re
medy for this, his majefty is judge of appeal. It is very common,
therefore, to fee counfellors, who have been fufpended by one go
vernor, reftored to their feats again at the commencement of the
fucceeding governors adminiftration : and the miniftry feem cautious
of much encouraging thefe fufpenfions, as the gentlemen ferve with
out any other pay than the honour of their privy-feal. In the pro
vince of Maflachufet, in New-England, the council coniiils of
twenty-eight members, who are to be adviiing and affifting to the
governor, and conftitute one negative in the legiilature, analogous to
the houfe of lords in Great-Britain. They are annually chofen by
joint vote of a majority of the la ft years council, and of the new
houfe of reprefentatives. But, although their election is annual, the
former counfellors are generally returned. Seven make a quorum;
and the governor appoints, with their advice and confent, all civil
officers, except thofe of the finance : and fuch appointments are not
made without a fummons, iilued out feven days before the nomi
nation, to fuch of the counfellors as are at that time refiding in
the province. The inconveniences fuppofed to be incident to this
conftitution are, that the council may be intimidated by the go
vernor, who has a power of negativing any counfellors ele&ion,
without alledging reafons; and may alfo ftand in awe of the houfe
of reprefentatives as to their election : and, when this is really the
cafe, they mu ft appear not to be free agents. I agree with the hifto-
rian (Douglas), that the counfellors, fo elefed, are in thefe circum-
ftances not abfolutely free agents. But they feem to me as much
fo as men can be who are not hereditary members of the great le-
giflative body like the houfe of peers: for, if they are in awe of
the governors negative on the one fide, they may be equally fo of
the reprefentatives negative on the other j and therefore are obliged,
if they wifh a continuance in their feats, to hold fuch a moderation
of conduit between the two oppofite powers, as muft render them
perfectly impartial to either in their proceedings; and not liable to
be


BOOK I. CHA P. IV. 51
be hurried away by thofe gulls of paffion and prejudice, which are
fo apt to overfet the minds of a council dependent folely upon one
branch. Nor can I think any juft objection would be offered againft
this mode of appointment : for, if they lean too much towards the
popular fcale in one year, they may ftand excluded afterwards by the
governors right of rejection : if, on the contrary, they fhould incline
more than becomes them to the meafures of a governor in the ex-
tenfion of illegal prerogative, and turn arrant courtiers, there can
be little expectation that the houfe of reprefentatives will make
choice of them a fecond time. I own, that the difcovery of this
happy medium of conduit may be difficult to fome, and the idea
hateful to others, who are more ambitious of lording it over their
fellow-fubje&s, than of purfuing the common objeits of public
welfare. But men of fenfe and integrity may, in moil emergencies,
treat on public affairs coolly and difpaflionately, as mediators between
the two contending parties ; which if they were themfelves of ei
ther party, they might be apt to efpoufe with too much heat and
acrimony. However imperfeil, then, this fecond branch of the
New-England legiflature may be, I perfuade myfelf, that it will ap
pear far better conftituted than our Jamaica council. I ihall here
after endeavour fully to point out the impropriety of confounding
a privy and legiflative council together ; fuggefting, at the fame
time, what I humbly conceive would be a more rational and confti-
tutional plan. Impeachments cannot be put in ufe here in the fame
mode as prailifed in England, becaufe we have no houfe of peers;
yet fomething in the nature of impeachment has obtained here. I
need not enumerate every inftance : one of the moil recent will fuf-
fice, viz. the cafe of Mr. P anno 1756, at that time chief-juftice
of the ifland, and a member of the council; whofe conduit in both
capacities was arraigned by the houfe of affembiy ; and evidence
folemnly taken at their bar, to prove the charges againft him.
Thefe charges were reduced into feveral refolutions : and concluded
with an addrefs to the then lieutenant-governor, defiring, that he
would be pleafed to fufpend the faid Mr. P from his feat in the
privy-council, until his majeftys pleafure fhould be known ; and,
further, that he would remove the faid Mr. P from the place
and office of chief-juftice, and from all other polls and employments
H 2 of


52 JAMAICA.
of public truft which he then held. This addrefs, with the fe-
veral examinations taken before the houfe in fupport of their alle
gations, was fent to the lieutenant-governor, who, in confequence
thereof, after hearing what Mr. P and the reft of the privy-
counfellors had to fay in his defence, was pleafed to fufpend and
remove him, according to the prayer of the houfe. I have cited
thefe particulars, to ihew the courfe and order of proceeding, and
how exceedingly they differ from impeachments by the houfe of
commons in Great-Britain. With us, the commander in chief is the
judge to decide ; to him the charge and evidence are tranfmitted on
the one fide and he alfo receives the evidence and anfwer from the
other: but no opportunity is given the aflembly to rejoin upon the
reply of the accufed perfon, nor to argue upon the errors, fallacies,
or infufficiency of it, or to enlarge on the points of their accufation
and teftimony, and pray judgement upon a full difcuflion on both
fides: fo that their proceeding has not the effentials of a regular
iffue and trial. It may be obferved here, as in Britain, that accufa-
tions have frequently fprung from violent party-heats and animo-
fities j by which means, prefumptive evidence has been received for
proof pofitive, circumftances exaggerated, and the gratification of
private rancour more often found to be the leading motive, than ho
ne ft zeal for public juftice. The few members who compofe the
council, and the fmallnefs of their quorum, form an objedtion to their
fitting as judges upon an impeached brother counfellor; for, in moil:
cafes, they may be fo connedted with him in the quarrel, as to be
parties as well as judges, and therefore partial and prejudiced in their
judgement. But, imperfedf as this form of proceeding is, it is cer
tainly better than none at all. Governors may ibmetimes carry an
undue affedlion towards a counfellor ; but, in general, the people can
reafonably hope for a more impartial, decifion and effectual red refs-
from a governor, than from the mofe immediate friends, partifans,
and confederates, of the delinquent.. In the Britiili conftitution,
there is faid to be no mal-practice without a fuitable remedy. So,
in the colony, neither a chief-juftice, nor privy-counfellor, are to op-
prefs the fubjedt, or adt in either capacity with flagrant injufiice or
illegality, without being amenable to a power of controul. The
grand inqueft, or power of bringing fuch offenders to juftice, is con-
ftitutionally


BOOK I, CHAP. IV. 5
iiritutionally and neceffarily lodged with the houfe of reprefent.-
tives. The power of giving judgement refts with the crown, or its
delegate. The houfe of ailembly has always been ufed to inquire
into the abufes and corruptions of office, the obftruiffions to public
juilice, and the complaints of fubjecls oppreii'ed by the. hand of
power; and to bring the delinquents in fuch cafe tojuftice. If
been, to lay the evidence of his guilt before his excellency, and by
41 he has abufed. If the oppreffion comes from any of the courts,
by an application in the fame manner to his majefty: infomuch
that public officers and magiftrates, of all ranks, from the juftice
of the peace up to the chief-juftice, the members of the council,
and the governor, have at times been made to feel the weight of
this authority, and to fuffer for their exceffes. So that, although
44 the affembly do not impeach, in the ff ri£t and ufual acceptation of
*' the term; yet they exercife powers as conffitutional, though not
in every reipect fo effe&ual, to protect the fubjet, and bring the.
guilty to punilhment [£]. .
CHAP. V.
Of the Affembly..
fJFlHE ailembly is chofen in confequence of a writ iifued by the
I governor, in his maje drys name, to the provoit-marlhal ge
neral, who ftands here in place of high-fheriff, and executes the:
like office. The writ recites the royal proclamation iffuedr de
claring his rnajellys will and pleafure for calling an affembly, to
meet at St. Jago de la Vega, on a certain day mentioned,, to make,
conftitute, and ordain, laws, ilatutes, and ordinances,, for the public
welfare, and good government of the illand, &c. He is required, at
a certain time and place mentioned, in each pariffi or town refpec-
[k\ Privileges of Jamaica vindicated; a pamphlet*
tively*


54 JA M A I C A.
tively, to fummon the freeholders to meet; and then and there
proceed to elect the fitted and difcreeted of their body (mention
ing their number), to be chofen by the major part of them then
prefent. He is further direded, to fee that the election is freely
and indifferently carried on, without fadion or intered, and to
make a due return thereof to the governor in council, with a cer
tificate of the member or members eled, under the hands and feals
of the principal and mod fudicient freeholders of the town or pa
rid. The return on this writ is in the form of an indenture be
tween the provod-marflial-generai and the fubfcribing freeholders;
which fets forth the names of the perfons whom the majority has
representatively chofen as mod fit and difcreet, giving and grant-
ing to the (aid reprefentatives full and fufficient power, for them-
felves and the commonalty of the town or parifh, to do and con*
fent to thofe things which at the aflembly (in the writ men-
tioned) diall be agreed upon concerning the affairs in the faid
writ ipecified. In tedimony of which, the certifying free
holders fet their hands and feals to one part, to remain with the
governor until the meeting; and the provod-marfhal atteds the
counterpart. This writ and return being left in the governors
office till the houfe is ad'embled, they are then lent down to the
lioufe, and afterwards lodged in the chancery office. The houfe,
when met, fend a mefiage to acquaint the governor, who thereupon
direds two of the council, with the clerk of that board, to attend
them, and adminider the ufual oaths, and among others the oath
of qualification. After this ceremony, the counfellors inform
them, that the governor commands the houfe to proceed to the
choice of a fpeaker. The fpeaker being chofen, and conduded to
the chair, another mefiage is fent to the governor; after which,
the whole houfe attend to prefent him. The governor receives
them in council; and, having approved the choice, the fpeaker
demands, in the name of the houfe, their ancient rights and privi
leges, freedom of debate, liberty of accefs to his excellencys
perln, and exemption from arreds during the fitting; which
bein' recognized by the governor, hey receive his fpeech : and, on
returning to the houfe, e ed their clerk, meli'enger (or ieijeant at
arms), and chaplain ; the two former are then fent with a member,
5 and


BOOK I CHAP. V.
and fworn in before the governor. Some other preliminary b
neis being done, they proceed to eflablifh their ruies, of whicn
there are about thirty feven, all fairly engrofi'ed, and hung up in
their house, tor the information of the members. Thefe rules are
frequently altered, or new ones reiolved, according to exigences,
by every new aifembly. Among others, not very material to men
tion, are the following, which may be called {landing rules, viz.
That leven be a quorum, to meet and adjourn, and fend for ab-
fent members : That the afiembly always, at riling, do adjourn
from time to time, as they ihall fee it convenient for the fpeedy dif-
patch of affairs; and that none depart the houfe without the ipea-
kers leave, upon any pretence whatfoever.
That no member of the honourable the council of this iiland
hath any right to interfere with, or to give his vote in, the elec
tion of any member to ferve in this aiiembly.
That twenty-one make a quorum, to a£t as if all the members
were prefent, and to proceed to all bufinefs.
That no member of this houfe hath any privilege in regard to
his goods or chattels, except fuch as are neceflary for his accom
modation during his attendance on the houfe.
That every member of the houfe enjoy the privilege of his per-
fon, againft all arrefts and imprilonments, in fuch manner as hath
been heretofore ufed and accuhomed, except in cafes of treafon, fe
lony, breach of the peace, forcible entries, forcible detainers, pay
ment of any aids, fupplies, or taxes, granted for the fupport of his
majeflys government of the iiland, or of any pariili duties. The
aifembly exercifes a right of adjournment de die in diem ; but, for a
longer fpace the fpeaker obtains the governors leave. For better
fupporting the dignity of the houfe, and more effectual difpatch of
the public bufinefs, they exercife alfo the powers of fending for
perfons, papers, and records ; of commanding attendances at their
bar, or on their committees; of ordering into cuffody of their
mefienger all perfons wilfully and contumacioufly difobedient to
their authority, by refuting attendance, or otherwife, in matters of
the public concern; privileges, which are in general cautiouily and
Iparingly exerted. Their bills undergo three readings. On the
fecond, they are confidered and amended in a committee of the
whole


5 JAMAICA.
whole houfe, and afterwards, if approved by a majority, they are
ordered to be engrafted ; then read a third time ; and, upon the
queition, either rejeded or paffed. If paffed, they are iigned by the
fpeaker, and fent to the council; where they go through much the
fame procefs. When palled by all the three branches, the tejie is
fubfcribed in this order:
I confent,
E.F.
Date of the'
Palled the council,
CD. ClkConc.
Date
2.
governor s
lignature
Palled the affembly,
A. B. fpeaker.
Date
i.
After being thus paffed, they take immediate effed, if not otherwife
provided by fome claufe contained in them; the political circum-
itances of the colony not admitting of their continuing in fufpence
until his majeftys pleafure be known thereupon, as is the cafe with
Ireland, and, I believe, fome other branches of the empire, where
the like neceffity does not operate fo ftrongly. The affembly con-
iider their privileges as derived to them from their conllituents ;
and that they are not conceffions from the crown, but the right and
inheritance of the people; and that the privileges which they claim
are abfolutely neceflry to fupport their own proper authority, and
to give the people of the colony that protedion againft arbitrary
pow-er, which nothing but a free and independent aftembly can give.
Their right they found on this prefumption, that the allembly of
this ifland holds the fame rank in the fyftem of their conftitution,
as a Britilh houfe of commons does in that of the mother country [/].
And, furely, thefe are principles fettled on fo juft and rational a
foundation, that no true Briton will attempt to controvert them.
They conftder inftrudions from the crown to the governor as re
commendatory only, but not obligatory upon them ; that ads of
parliament only are obligatory ; that they are at liberty to vary at
[/] It is a well-known anecdote, that Mr. Yeomans, agent for Antigua, and another gentleman,
attending on Lord Wilmington, as preiident of the council, on affairs of tliat ifland ; the gentleman
propofed to his lordfhip, that he ihould oblige the affembly of Antigua to do what he fuppofed
ought to be done. His lordfhip, turning to Mr. Yeomans, faid, What do you think of this
doff rie r Who anfwering, that he muff leave it to his lordfhip he replied, Then I muff fay,
a that, in my opinion, we have no more right to compel the affembly of Antigua, than we have to
compel the arliament of Great-Britain.
pleafure


BOOK!. CHAP. V.
57
pleafure from any former grants of falary to their governors; that
the council may only concur or not concur in a tax, or any other
money-bill; but may make no amendments, the bufinefs of fup-
plying the treafury always originating in their houfe. Tire times
of their meeting, and their duration, are at the governors pleafure.
An attempt was once made to appoint their term triennial; but the
bill mifcarried. A governor has been known to difl'olve feverai
times in the fame year, endeavouring to garble an houfe to his
liking : but few attempts of this nature hare fucceeded ; becaufe
it is notin the power of any governor to {educe the majority, by
any modes. of bribery and corruption that he can exercife. The
votes of very few eledors are to be bought. The freeholders in
general are poflefled of fo independent a ipirit, that they preferve
in moil of the pariihes an abfolute freedom in their choice, founded
on the opinion they have conceived of their candidate, his prin
ciples, charader, and ability to do his country fervice. The quali
fication of a freeholder for voting at eledions is lol. per annum,
ariiing from lands, tenements, or hereditaments. A perfon elected
member muft fwear, before he can be admitted to fir, that he is
poflefled of 300/. per annum, or 3000/. in grofs, over and above
what is fufficient to pay all his debts : and fometimes this quali
fication has been minutely inquired into. The twenty pariihes re
turn forty-three members to ferve in aflembly ; the pariihes of St.
Katharine, Kingfton, and Port Royal, having each of them three
reprefentatives. But there are as yet no county members, anfwer-
able to knights of the fhires in England; nor feems there at
prefeni any neceflity, in refpect to matters of bufinefs, for a further
augmentation of their number. Forty-three are perhaps fufficient
for tranfading all the public affairs which properly fall under cog
nizance of the houfe. If there be any other reafon to increafe the
number, it muft be founded on the inequality of reprefentation.
In the year 1768, the proportions of the poll-tax, paid by the
refpedive counties, were as follow : .[ s. d.
Middlefex, 10,535 18 10 $
Surry,
Cornwall
8,000 11 8|
8,756 12 6
VOL. I.
Total, 27,293
I
So


5B JAMAICA.
So that the counties of Middlefex and Cornwall paid more than
twice as much as the county of Surry. The town of Kingfton, in
Surry, pays about two thirds more than the other two counties, in
the articles of houfe, wheel, and rum tax, country houfes not being
rated. But, in regard to real property, the laft-mentioned two
counties poflefs, in the ratio of three to one, more than the county
of Surry. For example :
Middlefex and Cornwall contained,
Negroes. Cattle.
127,562 and 114,288
Surry, 39 >54-2 21,465
And the property is thus reprefented; viz.
Middlefex returns Members
Cornwall,
Surry,
Sugar-eftates.
and 505
146
171
27
10 J
16
The two former counties, therefore, to be on equal footing of rep re -
fentation in the legiilature, ought to fend forty-eight members, in-
ftead of twenty-feven : and the whole number of aifembly would
then be fixty-four. For the cauie of this inequality, we muft go
back to thofe early times when the ifland was not fo exteniively
fettled as it is prefent. In the year 1693, there were only fixteen
pariihes formed. In that year a tax of 450/. was laid upon the
whole ifland, to defray the charge of public agents in England.
This was levied upon a fair valuation : and, claffing the feveral
pariihes under their refpe&ive counties as now fettled, the quotas
would Hand thus:
£
s.
Middlefex,
Cornwall,
Surry,
i,
234 16 00
54
l7 3
4
3
Here Surry raifed three times more than Cornwall! ; and Middlefex
jnore than both of them added together. At that time there were,
in the pariihes which now form the county of Surry 833 fa
milies, and 6602 inhabitants. In Middlefex, 884 families, and
8696 inhabitants. And, in all the other parts of the ifland, not
more than about 220 families, or 2000 perfons. The major part
of the white inhabitants then found, amounting to about 8000,
were


BOOK I. C H A P. V. 59
were either feated in the towns of Port Royal and St. Jago de la
Vega, or fcattered near the fea-coals; few, if any, attempts
being as yet made to form inland plantations. The aflembly ap
pears to have been very remifs, in not attending to feveral parti
culars, whereby the number of inhabitants, progrefs or decline
of fettlements and trade, might from year to year be competently
afcertained. Nothing is more neceffary to this end, than to form
two ftafiding committees; one to be called the committee for trade,
the other for fettlements and Rate of the iiland. Under tire former
of thefe heads would be inquired and reported, in the annual feffion
of the houfe, the number of topfail and other veffels cleared and
entered in the preceding year; their tonnage ; ports of deilination ;
amount and quality, as far as can be obtained, of their cargoes, im
ports, and exports. Under the other head might be reported, a
lift of abfentees; number of white inhabitants, men, women, and
children; of foldiers, free Blacks, Maroons, and Mulattoes; Ne-
groe and other llaves; cattle, and other ftock ; returns of the mi
litia, horfe and foot; number of fettlements of all forts ; quantity
of fugar, rum, indigo, and all other product, exported, or confumed
within the iiland, during the preceding twelvemonth. It is eafy to
conceive, how neceffary and ufeful a plan of this nature, annually
digefted, and preferved in the minutes of the houfe, muft be, to
give the members and their conftituents a juft idea of the planting
and commercial ftate of the iiland. Without this knowledge, they
are but groping in the dark, whenever any queftion is ftarted and
conidered, affecting thefe important points. They cannot well un-
derftand the value and fecurity of their lives and properties, the
flouriihing condition or decleniion of any material branch of pro
duct, nor know when nor how to apply timely remedies, without
having a colleftion, drawn from a regular feries of years, whereon
to ground their judgement and conclufions. I ihall deiift from en
tering further into political difcuffion on the conftitution of our le-
giflative branches, referving this for a feparate part of my work;
as what 1 have to mention would be too multifarious for this place.
But I cannot any where fo properly as under the prefent head in
troduce an eftimate of one years fupply raifed by affembly j which,
being recent, and differing but little from that of any other year,
I 2 except


6o JAMAICA.
except upon extraordinary emergencies, may ferve to convey a pretty
corred idea of our public diiburfements. The 8000/. Handing
annual revenue is not included in the eftimate ; but added to the
fum total. Thus will be (hewn the whole amount annually railed
and expended within the iland in fupport of our government, and
for public fervices.
Heads of the Eftimate of Supplies for the Year iy6J>.
Governors additional falary,
Clerk of the crown,and clerk of the court, 100/. each
The regiments, forts, and fortifications,
Maroon-negroe towns,
Annuities to 26 Negroes, freed for public fervices,
Certificates of freedoms,
Gaol-fees of kings Negroes,
Waiters, and port-officers,
Repairing public buildings,
Officers of the affembly,
Agent for the ifland and committee ofcorrefpondence,
Chancery records,
Tranfcribing and printing laws,
Printing the votes,
Tranfient fick and poor inKingfton andSpaniih town,
Officers of the Bath,
Free fchool in Spaniih town,
Annual kings plate, or horfe-race,
To redeem a mortgage on Stewarts new-invented
cane-mill,
Public roads opening and repairing, -
}
Of this the 538:/. may be ftruck off for extra
charges, not occurring every year. This being
dedu&ed, the average fupply may be rated,
communibus annis, about
To which add the revenue, eftimated by the law, at 8,000
£
s.
d
2,500
O
0
200
O
0
O
CO
\
ki
C4
6
8i
G3
0
0
290
0
0
13
5
0
100
0
0
i,74
0
0
1,000
0
0
1,680
0
0
47
0
0
4 99
0
4i
59
8
9
5
0
0
400
0
0
240
0
0
100
0
0
118
*5
0
480
4
0
2,040
0
0
35GBi
l9
10
30,000
O
0
8,000
O
0
38,000
O
0
The


BOOK L C H A P. V. 61
The fources of the revenue fund are import duties, laid by an adt
of the iland, palled in 1728, on all foreign wines, fpirituous liquors,
beer, ale, cyder, mum, refined and other fugar, indigo, cotton, to
bacco, ginger, cocoa, wine-licences, the crowns ihare of all fines,
forfeitures, efcheats, and produce of quit-rents; befides a duty
(called the tonnage) of one pound weight of gunpowder per ton on all
vefiels arriving from parts beyond the Tropic of Cancer, oran equi
valent in money, valued at is. td. per pound weight. The product
of thefe feveral heads, in the year when this law palled, was fup-
pofed to amount as follows :
Impoft taken at a medium of nine years,
Quit-rents,
Fines, forfeitures, and efcheats,
Wine-licences,
Gunpowder,
New impoft, including indigo and fugar, at mo
derate computation, -
£
S.
d.
2966
2
i
1460
14
3
437
*3
3
200
0
0
257
2
11
3000
0
0
Upon this were founded the charges ; viz.
£
S.
d.
The captain-general s falary,
2500
O
O
Forts and fortifications,
1250
O
O
Chief-juftices falary, *
120
O
O
Officers and gunners of fortCharles; viz.
The captain, 6j. per diem,
109
10
O
The lieutenant, 4. td.
82
2
6
Twelve matrofies in actualfervice, at)
2s. td. per diem, to be inhabitants/
of Port Royal, and continually re->
547
IO
0
fident there, and not to be enlifted \
in the independent companies, J
Armourer, 11
40
O
0
Water for the garrifon,
24
O
0
Captain of the train in Spaniffi town,
45
12
6
837
12 6
Auditor-


6 2
J A M A I
Auditor-general, 150/. fterling, at
40 per cent, exchange,
Waiters falary,
}
Several ordinary charges ; viz. public
buildings, attorney-generals fees,
clerk of the council, provoffimar-
ihal, clerk of the crown, clerk; of
the chancery for Hilling writs of
election, deputy-marihals for pri- j>
foners, executing writs of elec
tion, receiver-generals commif-
lion, kings evidence, and other
fmall expences, computed at a me
dium, for nine years part,
Contingent charges per annum)
C
£
210
120
A.
23 9
s-
d.
o
£
568 15 o [ 8007
S.
IO
d.
o
According to this computation, there is a furplus, 364 2 6
But the furplus is, in fail, much more, and flill on the increafe.
The quit-rents alone, if faithfully paid and colledted, ought to pro
duce at lead; 3000/. per annum ; and the tonnage duty 2000/. if re
ceived in money, inrtead of powder, over and above fupplying the
forts and magazines with what is fufficient and neceifary to be con-
ilantly kept for the public defence. No ceconomy feems to attend
the management of this duty; but, on the contrary, a very enor
mous wade has been ufually made of the powder, in falutes, watch-
guns, minute-guns, fcalings, liftings, and many et certeras. Pvluch
of it is annually damaged ; and this has lometimes been re-ihipped
for fale to Great-Britain; where it cannot produce much, when
the charges of freight and commiffion are dedu&ed. It would, per
haps, be more beneficial to the revenue, if this duty was always to
be collected in money alone; and the receiver-general directed, by
law, to import every year a certain quantity of powder pro re nata,
fuch as (hall be confidered abfolutely necefiary to keep up a fufficient
magazine for fecurity of the ifland, to be a charge upon the revenue
fund, and to be honeftly accounted for under fuitable regulations ;


BOOK I. C H A P. V. 63
or a payment of the duty might be admitted and fettled, of one pro
portion in powder, the remainder in money. Some of the articles
of revenue have been fluctuating as indigo, which, in fome years,
has produced little or nothing, in others confiderably, and in parti
cular during the lait war. But, as other increafed articles make up
for this deficiency, the average income is probably not fo little as
r0,000/. yearly. The furpius (fuppofing it to be 2000/.) ought,
purfuant to the directions of the law, to form a kind of aggregate
fund, to be applied in fitting out parties againft rebellious Negroes,
or fuch other ufe as the governor, council, and aflembly, ihould, by
any law to be palled for the purpofe, think fit to direCt. It is fur
ther provided, that the 1250/. per annum, for repair of the forts
and fortifications, ill all be ftridtly applied to that ufe, and no other;
and, for better obfervance of this claufe, that fum is ordered to be
carried by the receiver-general into a diftind: account. The gover
nor and council are the adminiftrators upon, and truftees for, the
annual 8000/. ; and it is their duty to draw on the iiland treafury
for payment of the real, legitimate charges of government, and none
other. Let us now examine, with what fidelity they appear to have
executed this truft. In the year 1763, they reprefented to the af-
i'embly, that the revenue aCt did not fufficiently provide for the con-
tingences of government. To demonftrate this, they added a ftate
of what had been paid to their orders, for feven years back, on dif
ferent heads, far exceeding the legal provifion. From this exhibit
it appeared, that, inftead of Jees paid the attorney-general, which
are what the law directs, alluding plainly to occafional crown ac
tions, in which that officer might happen to be retained and con-
fulted, they allowed, him
An annual falary of
To a folicitor for the crown, an officer not men
tioned in the law, upwards of
To the carrier of public difpatches, another officer
unnoticed in the law, 500/. This office is ufuaily
given to the governors fecretary, and attended
with about 120/. expence.
To
£
s. d.
400
O
0
500
0
0
500 o o


6+
JAMAICA,
To the chaplain, ufher, and clerk, of the council, (the
two former not mentioned in the law,) 1240/. out of
which, if we dedudl 500/. allowance to the clerk, [
there remains a fuperfiuous expence of J
£ s. (L.
740 o o
per am. 2140 o o
It appeared further, that they had brought the revenue in debt, to
the annual fortification fund, 6013/. i8j. 2d.-, that is to fay, they
had drawn the money out of that fund, which by law is ftridtly re
quired to be kept facred, and applied folely to repairing the forts,
&c. and diilipated it in expences which the law does not warrant.
They had alfo iflued orders to the amount of 6586/. ion 9 d. for
payment of which the receiver-general had no revenue money in
his hands : and they acknowledged feveral accounts to be iiill open
againft them, which were not yet fettled and adjufted. By mere
inattention (for it could proceed from nothing elfe) to the annual
collection of the revenue, they found no lefs than 7720/. 4s. yd.
outftanding debts, due to the crown ; many of which, through
lapfe of time, were become bad : and they alledged, that the good
debts would amount to no more than would difcharge the fum they
w?ere in arrear to the annual fund. Setting one of thefe, therefore,
againft the other, their excefs of expenditures in feven years will
appear to be 6586/. ior. yd. 'which is about 941/. per annum.
Now, if we cut off the exorbitant falaries, or douceurs, granted by
the pleafure of the board, and which are neither comprehended in,
nor warranted by, the intention of the law ; it is plain, that no ex
cefs of this kind could have happened, even admitting that, in all
their other diiburfements, they adhered rigidly to the letter of the
law, and their duty to the public, and fhewred no favours nor par
tialities in the fettlement of charges and accounts rendered in by
the different creditors of government. But, not to be ftriCt with
them, let us admit a moderate falary to the attorney-general, and
others upon their penfion-lift, and ftate the account in the moil rea-
fonable manner ; we (hall then find, that the following favings
might and ought to be made:
On


6s
B O O K I. CHAP, V,
jT s. d.
On the attorney-generals penfion,
- 200 O O
On folicitor-generals bill,
- 100 0 0
Carrier of public difpatches,
- 200 0 0
Chaplain and uiher,
0
0
0
0
1
Clerk of the board,
-100 0 0
Printer (wholly, as an unnecefl'ary of-'
ficer), rated one year with another,
- 50 0 0
Total, 1150 o o per arm. faving ;
which in feven years amounts to 8050/. which exceeds their pre
tended debt by 1464/. Hence, therefore, it muft. evidently and
fairly appear, that due moderation, even on thefe few heads, would
have prevented them from leaping over the bounds of the law, and
infringing upon the fortification depofit, and annual furplufage fund.
Yet the board made no fcruple to affirm, on this occaiion, that the
expences of government could not be fupported with lefs than
10,000 /. per annum This is true, while managed by fuch notable
ceconomiits, who, to ape the houfe of peers, muft have their uiher
of the black rod, their chaplain, and printer; who have made it a
rule, to allow their clerk and officers the very fame fums which
they found granted by the aflembly to theirs; nay, fometimes to ex
ceed them, by way of fixing themfelves a ftep higher in mock pa
geantry. If the revenue was augmented to 10,000 l. per annum,
there is no doubt but, by fuch means, and perhaps fome additional
caprices, the people might be called upon every feven years, or
oftener, to add two or three thoufand pounds more to their civil lift.
The aflembly had too much regard for their conftituents, to clap
another pannier on their ihoulders; and wifely refolved, that many
of the articles in the councils catalogue were not comprized within,
nor warranted by, the law ; that it did not appear, the revenue fund
had falln fhort; that the houfe ought not to make good the fum
of 6586/. ior. pr/. the faid money not having accrued due upon
any deficiency in the funds, duties, and import; but from the coun
cils having added feveral new heads of expence to the eftimate, and
iflued orders on the receiver-general for larger annual fums than the
Yol. I. K law


66 J A M A I C A.
law prefcribed; that making good the fame by the houfe would not
only be repugnant to the revenue law, but might become a precedent
of a very dangerous nature to future ajfembliesas the like applica
tion might be renewed, to induce the aifembly to fupply every defi
ciency which the council might think fit to create. Such were their
juft and unanfwerable grounds for rejedling this attempt. But it
feems to caft fome blame upon them, that, inftead of infilling on
the drift: annual application of the fortification and furplufage funds,
they had fuffered the council to invade and diffipate them for fo
many years ; burthening, at the fame time, their conftituents with
heavy taxes, to defray the very contingences to which thefe funds
were fpecially appropriated. They now take upon them the whole
charge of fupplying the forts with water ; a falary to the clerk of the
crown ; provide annually for repair of the fortifications, and equip
ment of parties ; all of which, not forty years ago, were comprizrd
under the revenue law. I have detailed this proceeding, in order to
ihew how much it behoves them to guard againft thofe encroach
ments, which, when once admitted, become fixed and permanent,
and are never after to be effeftually refcinded. The aifembly (hewed
itfelf worthy the confidence of the people, by refufing to comply
with a requifition fo unreafonable. And the gentlemen of the
council, finding that they could not carry their point after fucceffive
attempts, were obliged to fall on that method at laft which they
ought to have embraced at firft, and which was, indeed, the only
prudent one remaining, to get them out of debt; e. g. by re
trenching many fuperfluous expences. Had this meafure been taken
fome years fooner, it would have preferved their credit, and have
entitled them to the honourable appellation of faithful depofitaries
for the crown and people. Whenever their credit (hall be re-efta-
blilhed, and the board confine themfelves within the juft limits
of the law, their annual orders will be of very great benefit to the
ifland, by (landing in place of fo much real money; for they will
have all the operation and currency of bank-notes [w]. But, at pre
fen t,
\pi\ For this purpofe, I fubmit the following fcheme. Let all the orders iiliied be not exceeding
101, each. Suppoiing the annual expenditure to be, at an average, 95001. the number of orders
iiiued for this will be 9^0. The governors feal-fees now fall on the party receiving the order, u e,
the public creditor; which I cannot think equitable; for? if the debt is juft and right (which is
r prefumed,


BOOK I. CHAP. V. 67
fent, and To long as they are behind-hand, their orders are not paf-
fable at a difcount of lefs, in general, than 10/. per cent, or up
wards. Hence feveral honeft men have been great lofers by this fort
of payment. Others have faved themfelves by the extravagance of
their charges, which afforded this dedu&ion, and left them ample
profits belides. But this infolvency was attended with a further in
convenience, in furniihing fome of the receiver-generals clerks with
a pretence for refufing payment of all orders of council prefented at
the office, unlefs a very large difcount was allowed them for prompt
payment; which being generally complied with, rather than wait
many months, or years, for the whole fum, thefe honeft brokers
found means to enrich themfelves very handfomely by this lpecies of
trade.
The ordinary funds for the other fupplies are, the deficiency, a tax
impofed on all owners of {laves who negled or refufe to maintain a
certain rated proportion of white fervants ; a poll-tax upon llaves
and cattle ; a duty on new Negroes imported and fold in the iiland ;
a duty on rum retailed ; and taxes on wine and rum licences, trans
ient traders, public officers, houfe-rents in the towns, wherries, and
wheels. The parochial taxes vary much in the different pariihes, and
alfo in the fame, being heightened or lowered according to exigency ;
they are commonly raifed by a poll; and in fome the tranfient
traders, houfe-rents, and wheels, furniih a fmall part. The produce
of thefe taxes is applied to church and poor rates, repair of bar
racks and bridges. The highways are repaired by an allotment of
each perfons llaves. All thefe are raifed after an eafy mode, at no
greater dedu&ion than 5/. per cent, paid to the receiver-general for
the public monies} and 2|/. per cent, to the collecting confiables
for parifh taxes. By which means, the whole of our internal taxes,
both public and parochial, which together may be averaged, one
prefumed, as it mull: pafs the audit and examination of the council, who are bound to difallow
every exorbitant charge), the creditor is furely entitled to full payment of his balance without any
dedution. Befides, this fee, wThich I think is i/. $s, gd. is extremely unequal; fince the man,
who receives only a 50/. order, pays the fame as he who receives one for 500 /.; and upon the
50 /. it is a defalcation of more than two and a half per cent. An agreement might, therefore, be
entered into with the governor, to fix his fee at one hiling per feal; which, upon 950 orders*
amounts to 47/. 10 s. and is equal to one half per cent. This might he paid, by the council,
out of the revenue fund ; by which means, the creditor, as is juft, would receive the full value of
bis honeft demand,
K 3
year


68 JAMAICA.
year with another, at about 60,000/. do not coil the ifland 2500/. m
the collecting; a circumilance very favourable to the planters, on
whom the burthen principally reils. The following is only given
as a general eftimate of the produce of the ordinary taxes, viz.
£
s. d.
Rum bill,
about
8,000
0 0
Additional duty,
ditto
10,000
0 0
Deficiency,
ditto
12,000
0 0
Poll-tax fingle,
ditto
14,000
0 0
Ditto double,
ditto
28,000
0 0
The rates of thefe imports are varied as occafion requires; and
the laft, or poll-tax, is never laid, except when the public
exigences make it unavoidable. When emergency required, fome
years ago, new ways and means to be contrived, a lottery and
ftamp-bill were introduced; but, as the one tended to excite a per
nicious ipirit of gambling, and the other proved extremely incon
venient and oppreffive, they were foon laid afide. The former
produced 5479/.; the latter, 7000/. The furplufages of the funds
are fometimes coniiderable. Not many years ago, I have been
credibly informed, that there was at one time 100,000/. in bank
in the treafury, which was afterwards all drawn out, and wafted
in conftruCting fortifications ; and fo much more neceifarily thrown
after it every year, as to keep the public coffers rather low and im-
poveriihed ever fince. The treafury accounts are kept by the re
ceiver general; and annually infpeCled, chequed, and fettled, by
a committee of the aflembly at their meeting. That body are alio
the inquirers into public abufes, breach and negligence of duty
committed in the feveral courts of juftice and offices of record;
an exercife of controul of the utmoft confequence, not only to the
inhabitants, but to every Britifh merchant who has monies out
here upon loan, which is the cafe with many of them; and this
circumilance argues very ftrongly for the affemblys annually meet
ing, and proceeding to bufinefs; fince the various great abufes they
have from time to time detected and rectified, and which happened
in occafional long intervals of their meeting during contefts with a
governor, manifeftly ihew what the confequence would be, if the
perfons conducting thofe offices were to be left entirely to them-
felves:


BOOK I. HAP. V. 69
felves: and there can be no doubt, but that the terror of this yearly
vifitatlon may reilrain fome of them from many exorbitancies, and
violations of law and duty. The public taxes have in lome years,
as in confequence of quelling infurre&ion, building barracks, or
fortifications, amounted to 100,000/. It is well this occurs but
very feldom, or it might go near to ruin the ifland. Nor can a
more cogent reafon be urged, to prove how expedient it is, either
that the regular forces ihould by the mother country be compleated
to 2000 effective men, or that the aflembly ihould of themfelves,
and with permiifion, fupport a body of troops equivalent; in order,
with a moderate annual addition to their prefent taxes, to fave the
ifland effectually from thefe incidental loads of grievous taxation;
which, falling all in one or two years fucceffively, are far more
burthenfome and oppreffive, than if the fame fum was to be paid
by little and little, in the courfe of feveral years; for the pooreil
planter can eaiily afford to pay a thoufand pounds, in the feries of
ten years, by inftalments of 100/. per annum : when, if the whole
fell payable in one year, it would probably crufh him []. Indeed
it mu ft be granted that the maintenance of a Handing army in a
commercial colony is not the mod eligible nor oeconomic plan,
and ought only to be admitted in a colony of that clafs, when
there is but little hope of fettling and peopling it exteniively. Its
own permanent inhabitants are unqueftionably its moil natural*
faithful, and aCtive defenders; and, when they are become fuffi-
ciently numerous to execute this important truft, the maintenance
of foldiers muft be an unnecelfary burthen, and conducive to no
honeil defign. But I ihall confider this fubjeCt more largely here* -
after [0].
CHA P..
\n\ In general, the French Weil-India colonies raife no taxes ; but, when, upon an extraordi
nary emergency, taxes are raifed, they are very moderate. During the late war, when the French
finances were extremely diilreffed, by capture of their merchant-veflels, and interruption of trade
with their fugar iflands; the duties, ordinary and extraordinary, upon their Mufcovado fugars ex
ported from Hifpaniola, amounted to no more than iixpence ilerling per hundred weight, about a
fixtieth part of the value. And, that even their taxes may operate for advancement of the colo
nies, they who begin new plantations are exempted from them. / The duties upon the export of
their produce at the iflands, and at its import into France, are next to nothing, hardly making to
gether two per cent' What commodities go to them, pay no duties at.all.The cafe in our iflands is
very different. The duties on. our. fugars are about one third; and on rum, about two thirds.
[0] I hope it will not be thought impertinent, here to obferve, that the code, or volume, of afts
vf ajftmlly, publiihed in the year 1756, and which is the only printed code extant, was not publiihed
b7


7o
JAMAICA.
CHAP. VI
Chief-Jufltce.
IS poft is of great truft, and the utmoft confequence to the
11 well-being of this colony. We are under infinite obliga
tions to the miniftry, for having abftained hitherto from inter
fering with this appointment. Were they to fupply it with necef-
fitous retainers to the law from home, I ihould from that moment
. date the ruin of this colony. The court of this officer has com
prehended in it, matters of common plea, kings-bench, and ex
chequer; but the far greater part of the bufinefs is grounded on
the cuitoms, the policy, and equitable laws of Jamaica; the un-
deritanding of all which judicially and perfeflly requires a long
yefidence in the iiland, conftant habitudes of public bufinefs, and
by authority, nor under fanCtion of the houfe of aifembly. This book contains the public ats then
in force and unexpired, beginning in the year i63i, and ending at 17^3 ; and the number of thefe
are 199. No book of the laws has been publifhed lince; though the number is now prodigiouily
increafed. It mull: needs happen, that fome or other of thefe laws are frequently pleaded ; and,
therefore, to be exhibited, or read, in the different courts of law, in a variety of caufes militated.
But, as thefe laws were not printed by authority, and contain many errors of the prefs, and other mi-
flakes; the courts in Jamaica will not fuffer them to be given in evidence, but compel the parties to
take copies from the manufeript laws, on record in the fecretarys office: which practice is attended
. with a very heavy, though a neceflary, expence to the fuitors, and deferves the attention of the af-
fembly ; who ought to apply the remedy. They might (for example) fend to England a copy of
all the laws in force (taken from the records in the fecretarys office, and carefully examined and
, corrected by a fpecial committee, to be appointed for that purpofe), to be there printed accurately :
and, upon return of them in print, they might be re-examined, the errors (if any) corrected, and
publifhed by authority of the houfe in a table, which might be inferted in a bill to be then palled
the Jegillature of the iiland, empowering and ordering all judges, juflices, &:c. to admit that printed
code as authentic, and to be pleaded and given in evidence before them. So neceflary a work ought
not to be overlooked : for the laws of any country cannot be made too public; in Jamaica particu
larly, where every planter and man of bufinefs has frequent occaiion to confult them, they ought to
be in every ones hands. But, when the courts of juflice refufe thofe already printed, becaufe of
their incorreCtnefs, they become ufelefs to the fubject; for, not knowing wherein they are erro
neous, he may be liable tp fuffer greatly, if he depends on their authenticity; and therefore que-
-flions whether he ihould pay any regard to them at all. But even this printed code might be ren
dered ufeful, by comparing it under authority of the houfe, and correcting it carefully by the ori
ginal manuferipts, publifhing the errata, or corrections, in a iliort bill palled for that end, which
every per fon might bind into his volume ; and, by the fame bill, thefe printed laws, with the proper
^corrections being made, might be duly authorized.The laws of the Windward illands are printed
under authority of their legiflature.Jamaica, I believe, is almoff .the only exception to this rule.
no


BOOK I. G H A P. VI. 71
no mean abilities. His Salary, charged on the revenue, is only
nol. per annum; but his fees and perquisites of office are con
siderable, though by no means too much for fupporting the dignity
and independency of it. He Should be entirely free in his mind,
and independent in his circumftances, that he may adminifter
juflice without fear or favour. He ought, therefore, to hold his
office quamdiu fe lene gefferit, as the judges in Great-Britain hold
theirs. A11 ad! was palled in the illand for this purpofe in the
year 1751, but difallowed by the crown; fo that the tenure of it
ilill continues durante bene plcito. He ought not to be a member
of the council; for, as he is ex officio called up to advife the go
vernor and council in the appeal court of errors, he Should not vote
thereon matters which he has already prejudged in the court below.
Perhaps, it would be better, if he was excluded from the aflembly
alfo ; that he might apply his whole time to the arduous duties
of his place, and not be liable to have his judgement warped by
influence, or his paffions heated by the cabals and wranglings of
party. I can call to mind more than one chief-juflice difplaced,
by an imperious governor, for no other caufe than the having voted
in aflembly according to their confcience. Ought the chief dif-
penfer of law and juflice to be fubjedled to fuch a tyranny ? or be
left to flagger between the infecurity of a lucrative poif on the one
hand, and the dilates of his confcience and honefty on the other!
It is difgraceful to government, and baneful to private as well as
public virtue and honour. Whether a gentleman of rank and
fortune in the ifland, or a barriiler, is the more proper man to
fill this place, is a queftion that feems to have been refolved, by a
courfe of near one hundred years experience, in favour of the for
mer. I do not recoiled! more than one or two inflances of a lawyer
appointed to it. As the bulk of our ifland laws were for the moil
part framed by perfons not educated to the practice of the law, but
by plain well-meaning planters, who confulted more the general in-
terefls of the country, than finely-turned periods, and accurate
phrafeology; fo we find them, or at leaf! many of them, fo loofely
worded, as not to bear the nice and Subtle diftindfions attended to
by the gentlemen of the long robe ; consequently, if a mere hack
neyed lawyer becomes the expofitor of them and definer of their
intention,


7 JAMAICA.
intention, he will be apt to treat them according to the courfe of his
ufual pradtice, or what happens to be the modiih practice of Weft*
minder-hall; and thus impair their vigour, explain away their te
non r, and fritter them into abfolute nullities, to make room for his
own pragmatical fancies and inftitutes. Nothing is more true,
than that all men are fallible ; and that grave judges are as liable
to trip as other men: the many inconfiftent opinions, which are
to be found in our huge folios of Law Reports, are an unanfwerable
argument for this. Judges, who have not the folid principles of
the conibitution, of right and wrong, of truth and reafon, for ever
before their eyes, may lean more to the falfe refinements of fo-
phiftry, and the hair-breadth lines penciled by the courts of Weft-
minfter-hall, than to the equity and merits of the caufe in iiTue
before them; and by this means fubftitute form, cant, and finefte,
in the room of Truth and its unerring maxims. This is a confe-
quence which may often happen in our ifland ; the municipal laws
of which differ, in many refpedls, from thofe of the mother
country. They fhould then be judged according to the exigences,
policy, and welfare, of the colony ; and not by Weftminfter-hall
authorities, which have relation to other laws, other fadls, and to a
people differently circumftanced. It is therefore, I think, for the
general advantage of the colony, that the prelidial officers in our
fupreme court of law fhould be gentlemen of the beft underftand-
ing and rank in the colony ; their education, and experience in the
public affairs of the ifland, qualifying them to be excellent judges
there, although they would be very ignorant ones in Weftminfter-
h'all. I cannot but believe, that the admiftion of fome little por
tion of equity and common fenfe, to qualify that obftinate rigour
and abracadabra of downright law jargon, wrould beft adapt the
practice of our courts to the conftitution, and general benefit of our
colony. On the other hand, it may be faid, that men, not bred
lawyers, mu ft have very unsettled, and frequently varying, opinions
concerning the order and forms of practice effential to a court; and
that the courfe of practice mu ft be regulated with due precifion and
uniformity, upon fettled grounds and principles; that the pleaders
-and praftifers may underftand plainly what it is, and in what man
ner they are to conduct tliemfelves. I grant, that the practice
4 ought


BOOK I. CHAP. VI. 73
ought to be uniform and confident, as far as it is dri&lyjud, and
confonant to reafon : nothing more than common fenfe, and a fixed
refolution to commit no injudice, and tolerate no hardffiip under
pretence of law, are fufficient to make it fuch. But this Augean
dable requires a virtuous, patriotic heart, and a clear head, to purge
it of all its impurities; to throw out all that ufelefs and confufed
rubbiih of nugatory forms and terms ; to differ no fuitor to be in
jured through a defeat of technical gibberiih, or the midake of
great A for little a; in all cafes, to labour at didinguiffiing where a
remedy is due, and not to make that a primary confideration which
ought only to be a fecondary and fubfidiary one ; mean, that no
fuitor ffiould be aggrieved, or fent away unredrefled, for the fake of
an indexible adherence to what is dyled practice, and to capricious
rules, which every judge is left at difcretion to alter, and feems
bound by his oath to dilpenfe with, or wholly expunge, rather than
any wrong be done by an overweening bigotry to them. I have
fome reafons which judify me in the foregoing opinion. I think,
I have obferved Wedminder-hall practice too fondly extolled and
careffed, in oi r court, from a vain parade and ofientation of regular
lawyerjhip. I wiffi the pra&ice to be rational, and bed-adapted to
the frame and welfare of the colony; and that we afiimilated our-
felves in this point, as in our laws, to the mother^te; rejecting
what is ufelefs to us, and adopting nothing heterogeneous to the
true intereds of a fociety compofed of indudrious planters and
merchants, having a due refpedt to their feparate conditions. The
judicial function, as to confidence and the exercife of unprejudiced
reafon, is alike in both countries. But, if the chief court of law
of a vad kingdom is clogged and befet on all fides with forms,
modes, and myderies of practice, which, if peculiar or cudomary
to it, are frequently changing their camelion hue, and are many of
them confefi'ed to be fuperfluous and dilatory, others to be founded
on no other law than fome judges ipfe dixit; why is the admini-
ftration of judice, in a little colony, to be manacled alfo with thefe
arbitrary fetters, and interrupted in its free courfe ? Currat lex, fiat
jujiitia. Law, the law of reafon and judice, ffiould be ever fpte ding
on the wing, to attain its true ends ; it ought not to halt on leaden
heels, and loiter by the way. Gentlemen of property in the idand
Vol. I. L will


74 JAMAICA.
will always accommodate their judgement juxta eqtium, bonum, et
factum, and be more ftudious for difcovering the truth, and doing
what reafon and humanity adjudge to be right, than in making a
difplay of prodigious learning and immenfe reading, by fplitting
the diftindtion between a black and white horfe and a pied horfe, or
between a plea and a plea pleaded.
I (hall readily admit, that, when a gentleman of the ¡Hand duly
qualified cannot be found, no perfon will more properly fill this
port than fome honeft barrifter, who, by a courfe of feveral years
experience, is become thoroughly verfed in the laws and cuftoms
of the colony. And, indeed, the inconvenience, that would
be likely to follow the appointment of a rigid lawyer, might be in
a great meafure obviated, by joining able affiftants with him ; who,
as they ought to be principally feledted from among the moil; fenfible
and worthy planters, fo they ihould have at all times the power of
over-ruling the chiefs opinion, if it ihould be of a texture too
exotic for this climate. Mr. Wood, who printed the laws in 1716,
informs us, that, in his time, the chief juffice had four or fix
judges his afliftants, who ferved for honour. But, whether it
be on account of greater bufinefs in the court, or from a defire of
governors to extend their influence by conferring honorary commif-
fions upon clnjf folicitous to wear them, the number of the judges
of affize is now increafed to about thirty, and of the judges of com
mon-pleas to about feventy-five ; making, in all, a refpedtable (or
rather formidable) corps of one hundred and five!
When judicial commiffions are rendered fo cheap and common,
they foon begin to lofie much of their dignity and value in the eyes
pf many, even among the wifer planters; and by this means very
unworthy and illiterate perfons may prefume to afpire to them, and
thus make the office of an aflociate difgraceful and ufelefs: all
which tends to emancipate the chief from any further con-
troul, or contradidlion. His opinion is received as law by his parafi-
tical brethren he delivers it with the confident air of a didtator;
and is railed, in ihort, to the unconfiitutional authority of a foie
judge in the lupreme court of judicature. This juridical defpotifm
may be accompanied with effedts very pernicious to the welfare of
the inhabitants. Every thing may be dreaded from the vengeance,
the


BOOK I. CHAP. VI. 75
the caprice, the partiality, or iniquity, of fuch an ufurper oil the
bench : the more fo, as he may become in his turn not lefs pliant
to a governors will in many great cafes affecting the fubje&s life,
liberty, and property, than his aifociates, who are confcious that
they hold their puny honours entirely at the governors pleafure;
and not uninformed, that their want of ability to deierve the
poll conferred upon them mull be fupplied by the fuperior ikill and
knowledge of the chief, and compenfated by their ready concur
rence in, and fupport of, every arbitrary ait of injuftice, or vio
lence, which may come recommended from their gracious mailer.
It feems, therefore, for the advantage of the iiland, that the num
ber of the judges fhould be reilricted by a law. The office of an
afbciate might then become more acceptable to gentlemen of rank
and integrity. Such men are not eager to covet places of trail, in
the exercife of which, their delicacy of character and fentiment
may be liable to fuffer any blemifh or taint by the depravity and ig
norance of vulgar aifociates.
Hanfon fays, the chief-juilice is ufually a man of the befl qua-
lity, who is well read in the laws of England. Hence may be
inferred, that the more opulent planters of his time took fome
pains, by ftudying the laws of England, to qualify theml'elves the
better for fo arduous an office. And when we confider the impor
tance of it, not only as it refpefts the well-being of the inhabitants
in general, but as it more particularly concerns the fortunes and
peaceable enjoyments of the rich, we cannot too much commend
the attention and diligence of thofe gentlemen. To be the difpenfer
ofjuilice and happinefs to a whole community, has always been
efteemed among the higheit honours at which a fubjeft can arrive :
there is none, I am fin e, that fhould more excite a worthy and
ieniible planters ambition and purfuit. A competent knowledge
in the laws of his country, and in books of authority, joined to an
expertnefs in the juft forms of procefs, which are found not unattain
able even by meaner capacities, will enable him to aboliih quirk
and chicanery ; to make the practice in his court, what it ought
tobe, coniiftent, methodical, and equitable; to difcountenance de
lays ; give clear expoiltion of our provincial laws; and hold the
fubordinate officers and minifters of juftice to the ftribt obfervance
L 2 of


76 JAMAICA.
of their feveral duties. But, without a previous application to the
theory of his office, and a fteddy attention afterwards to the
practice, a gentleman planter, although with the beffc intentions
and moil upright heart, may not be compleatly qualified to execute
it with honour to himfelf and fatisfadtion to the people.
There is, however, an objection which may be made againit the
appointment of a planter to this office. It may be faid, that family
connexions fubfilt among gentlemen of this clafs; and thofe fo exten-
five, that it would be difficult to fix on a man entirely free and unex
ceptionable in regard to this point: that the mind of man is fubjedt,
from the infirmities of human nature, to receive an impreilion of
partiality in many cafes, where friendfhip, confanguinity, family fil
tered, or fenie of honour, feverally adt upon the paffionsthat, for
this reafon, a perfon, prefumed to be under the impulfe of fuch.
motives, is deemed an incompetent witnefs in matters wherein
that impulfe may pervert his confidence; and it is as probable, that
a falfe judgement, as a falle teiUmony, may be given where the,
mind is prejudiced.
On the other hand, it is urged', that a gentleman, liberally edu
cated in England, and bred to the bar, if he comes hither to earn,
a fubfiftence by his profeffion, and by merit is advanced in time to
the office of chief-juftice, cannot be fufpedied of this undue parti
ality arifing from family connexions; nor be lo little (killed in the
authorities and pradtice of a law court, as a gentleman, born and
educated in the iiland ; that the making this poll an object of emu
lation and purfuit to able, honed, and experienced lawyers, may
prove an encouragement for fuch to come over, and pradtife here;
by which means, the fupreme court of jufiice will be always fup-
plied with men learned in the fcience, whofe knowledge will be
an acquifition to the public frock, and redound greatly to the credit
and advantage of the iiland. The objection, as well as the reafons
of a contrary tendency, I confefs, have feme weight; nor (hall I
undertake to determine in favour of either fide. Although I mult
declare this much, that a truly honed, diligent, and fenlible gen
tleman of the country may, by his application tobufineis, become
fufficiently qualified to execute this office, and with liridf impar
tiality, which is implied in the character of a truly honed man ;
2 and


BOOK I, CHAP. VII. 7;
and that an upright, judicious and experienced barrifter may fo
regulate the practice, as to be equally eligible [/>].
CHAP. VII.
Court of Vice-admiralty .
HIS was the firft civil court of juftice eftabliihed in the
I ifland. It was coniUtuted in Cromwells life-time, for ad
judication of Spanifh prizes and plunder taken by his fleet on this
flat ion. The court was, for many years, held by two or more
commiilioners,. In 1721, is the firft commiflion on record here,
to one perfon, or a foie judge; which conftitution has ever lince
been adhered to. Its jurifdidion comprehends civil and maritime
caufes ; and all other matters incidental to the high court of ad
miralty in England. The officers of the court are, a-judge, advo*
cate-general, regifter, and marihal; who are appointed, either
by the lords commiilioners executing the office of lord high ad-
[p\ In the year 1681, the manner of holding the fupreme court was reformed by an acl of af-
feiribly ; and it was conilftuted, with power to take cognizance of all pleas, civil, criminal, and
mixed, as fully and amply as the courts of kings-bench, common-pleas, and exchequer, in Eng
land. The court was diredied to be duly holden at St. Jago de la.Vega, and not elfewhere, once
in every three months, and not oftener.
Five*other judges affociate were appointed to the fame court; three of whom-were to be of the
quorum. The feveral inferior courts ci common-pleas, in the different country parifhes ancipre-
cindts, were allowed a jurifdibon in all caufes where freehold is not concerned, and the chofc in
ft fio n amounts in value to 20/. with coils, and no more. And, in confequence of this jurifdidtion
given to the inferior courts, the- fupreme court was prohibited from receiving any fuit, or iifuing
any procefs, for any. matter or caufe of action under the value.of 20/.
When the iiland, about twelve or thirteen years ago, was divided into three.dillmdt counties;
circut'or aize courts were appointed for two of thefe counties; and the fupreme court continued as
before, but with power (like the court of kings-bench at'Weftminder) of judging caufes removed
by certiorari from the. inferior jurisdictions. Thefe courts are held four times a year in each
county ; fo that a court fits in one or other of the counties every month in the year ; and all of
them have a great deal of bufinefs: this happens not fo much from a litigious fpirit, as the opu
lence of the iiland, and the necefilty every creditor almod thinks himfelf under, to put his demands
on judgement* The members of the law ofcourfe meet with great encouragement here; and among
them are many, no doubt, who find their account in fetting honed plantis together bv the ears,
and in pradiiing all the detail able arts and myderies of chicanery, knavery, and pettifogging,
Jamaica hasjts Old-bailey folk!tor?, as well as London,
mi ral,.


7S JAMAICA.
mira!, in virtue of the flat. 8 Eliz. cap. 5, which empowers the
perfon executing that office to appoint fubftitutes, vice-admiralty
judges, marfhals, &c. or by the kings patent under the great
feal.
They hold their places during pleafure, and have no falaries:
fo that, in time of peace, it is a court of no profit, and of very
little if any bufinefs. In England, the judge and advocate-ge
neral have confiderable falaries.
During a war, their emoluments depend wholly on the number
of prizes brought into the ifland for adjudication ; and the judges
fees on captures from the enemy have ufually been regulated by
the prize-laws ; which allowed,
For condemning every veifel under 100 tons, andi
not claimed, j
For every unclaimed veifel above that burthen,
£ t. d.
10 o
*5
Some years ago, this bufinefs muft have been exceedingly lucra
tive. In 1697, Sir William Beefton, then principal judge or
commiffioner, eftabliihed the following table of fees:
£ s
On the condemnation or acquittal of every 1
veifel, j
On the firft 100/. value of veifel and goods
condemned, whether captured from the
enemy, or feized for breach of the a£ts
of trade, .
10
o
2
And for every other 100/. value,
1 o o per cent.
According to this rule, the judges fees on a rich St. Domingo ihip,
worth 30,000/. would amount to near 300/. The number of
commiflioners, who were all to come in for a ihare of tire fpoil,
neceifarily gave birth to this liberal allowance. This court would
be much better conftituted for the ends of impartial juftice, if its
officers were provided with certain adequate falaries from govern
ment, inftead of being left, as they are, to a cafual emolument,
which may prompt them to make every advantage poffible of their
feveral departments. The foie judge, accountable to none for
errors of judgement, is expofed to great temptations; and muft be
a man


BOOK I. CHAP. VII. 79
a man of much virtue and integrity, if he maintains his confcience
and honour unfullied by corruption, in a feat, to which bribes may
approach with fecrecy, and be received with impunity, at leaft in
this world.
If fuch falaries were eflabliihed, there would remain lefs proba*
bility of this traffic; and government might be eaiily reimburfed,
by a very fmall tax on the value of the captures. This would not
only be far more beneficial for the captors than the prefent mode,
but conduce fo much to the purity and independency of the court,
as to make us wiih that fome regulation of this kind may hereafter
be enabled by parliament. In refpedt to the judge, if an honeft
man, he muft prefer a certain and honourable provifion to a precarious
fubfiflence, earned in fuch a way as renders him obnoxious to 1'uf-
picion and calumny ; or, if he ihould happen to be not overfcrupu-
lous in his confcience, he will have the lefs temptation or induce
ment to be diihoneft.
CHAP. VIII.
SEC T. I.
Public Officers.
(i W TITHOUT doubt, fays Davenant, it mail be very pre-
V V judicial, both to the Southern and Northern colonies, that
many offices and places of truil there ihould be granted by patent
to perfons in England, with liberty to execute fuch employments
by deputies. By which means, they are generally farmed, out to
indigent perfons, who grind and fleece the people: fo that, al-
though many of the inhabitants are rich, fober, and judicious
w men ; yet they are excluded from offices of truil, except fuch as
are chargeable in the execution;, which is inconfiftent with all the
rules of well-governing a country. There is, I am forry to own,,
too much of prophetic truth in this remark.- The natives in our
colonies, as if profcribed for fome defect of ability or good-morals,
cannot, without the utmoft difficulty, creep into any lucrative em
ployments. Having little, if any, intereft among the difiributors of
office*


8o
JAMAICA.
office, they are driven to an humble diftance; whence they have the
mortification of obferving the progrefs to wealth of thofe more fa
voured fubjedts, who are fent acrofs the ocean to pamper themfelves
on the fatnefs of their land. The moil lucrative offices in this ifland
(the governors excepted) are granted by the crown to perfons re
dding in England, and by thefe patentees are farmed or rented to
deputies and fub-deputies adding in Jamaica, who remit annually fe-
veral thoufand pounds to their principals. The rent of thefe de
putations being fcrewed up to the very higheil pitch, fotne of the
officers have made no fcruple formerly to exert their utmoft induflry
towards enlarging their fees and perquifites at the expence of the
aggrieved inhabitants. Before thefe places became fo profitable as to
be objedts of fufficient value to the miniftry for gratifying their de
pendents, the aflembly made fome attempts to reilrain the pa
tentees.
In 1699, they palled, An adl to oblige patentees of offices to re-
** fide in the ifland.
1-711, An adl to prevent any perfon from holding two or more
offices of profit in the ifland.
1715, An adl with the fame title.
The advantage of having fo many good places at difpofal was not
to be yielded up fo ealily. Of courfe, the adts were difallowed at
home ; and thefe engrofl'ers were buffered to roam at large without
controul: for fuch has been the combination of their power and in
terdi, that they feemed to monopolize the ear of adminiilration,
and, like a well-compated phalanx, defied every attack that could be
made upon them by the people in our colony.
A committee of the affembly, appointed in 1765 to inquire into
the Hate of fees demanded and taken in the different public offices,
reported,, that the fees exadled by the officers, under pretence of
ufage and cuilom, were in many -inilances four times greater than
.allowed by law ; and, in general, all or moil of them were
charged much more than the law warranted : that,, by fuch illegal
and unjuftifiable means, the public had been impofed upon and
greatly injured; and large fums had been railed upon them con-
trary to law : that thefe impofitions were chiefly in confequence
** of the large annual rents paid by the deputies to their principals
refiding


BOOK I. CHAP. VI If. §r
Ci refiding in England, who, upon every new deputation or ap-
pointment, ufually raifed the rent of their offices: that the pa-
tentees in England fet up their deputations at auction or public
44 vendue; and the perfon who bids moil, and offers the fceil fe-
44 curity in England for due payment of rent, conllantly obtaiirs
44 the preference: that thefe exorbitant rents neceffarily compelled
44 the deputies to feek an indemnification for themfelves, by extort-
44 ing increafed fees from the people of the ifland; in order that
44 they might not lofe by undertaking the deputations, or at leail
44 not be unable to pay their rent. To thefe charges the deputies
replied, that the fees were eilablifhed by a law palled in the year
1711; lince which period, the neceffaries of life, as well as the
wages of their clerks, had coniderably rifen in their price; for
which reafon, their additional fees taken by cuflom were not
exorbitant. The affembly, on the other hand, affirmed, that, lince
the palling of that law, the bufinefs in all the offices was fo coni
derably increafed, that, if the deputies did not bind themfelves to
pay fuch enormous rents, or if the patentees themfelves were to
refide and execute their refpedlive offices, the fees eftablilhed by
law would afford a very adequate and liberal provifion.
This rejoinder on the part of the affembly, it was infilled, is
fo ftridtly true and conclufive, that not one of the officers could re
fute it. It was further alledged, that this iil'and were ihamefully
abufed by the patentees, who fat down with the utmoll comfort
to the enjoyment of their finecures, equally regardlefs of the buf
ferings and complaints of the country, or of their own dilhonour
in the extortions which they pradtifed themfelves, or countenanced
in others, and which are laid to be now grown to fuch an excels,
as to demand fome fpeedy and effeftual remedy. The people com
plain, that the rent of one office has, in a few years, been wound
up from 700/. to isoo/. Her linger annum, exclufive of a gratuity
of 700/. by way of fine, upon every renewal of the term. The de
puty, who was the bell bidder, and became the purchafer of this
bargain, knew extremely well, that he could not, confillently with
his legal profits, afford to give fo high a rent; but he was in fuch
circumllances, that, if 2000/. had been alked, he would have con-
fented to give it, rather than forego the profpect of a genteel live-
Vol. I. M lihood.


S JAMAICA.
iihood. The patentee perhaps imagined, that, having raifed' it fi
high, it would not fall lower; and that he might hope to mount it
ilill higher by degrees, adding 50/. or 100/. upon every new leafe
In the pamphlet written and publiihed by the patriotic Mr. V n,
a Jamaica-man reads, with many a figh, of the infamous traffic
carried on by bargain and fale of thefe patents and deputations;
which, like the arms belonging to the family of fome antient Bri
ton, are fplit and branched out into a multitude of patch-work
quarterings. And, as if the rent and fine exailed from the deputies
were not fufficiently unreafonable, fome of their ^Egyptian talk-
mailers have infilled {ex abundant't) on an annual fupply of turtle,
madeira wine, rum, and fweetmeats! That the public may form
a clearer judgement on thefe fadls, I ihall ilate the profits yearly
arifing from fome of the principal offices. And, firil, the fecre-
tarys, which, about the year 1720, was farmed by the patentee at
700/. per annum, although raifed fince- to more than double that
fum. This officer is a great pluraliil: he executes no lefs than
nine different employments; which, having been (as well as fomo
other offices) originally combined in one perfon, during the in
fancy of our civil conftitution, when the inhabitants were few in
number, and the public bufinefs very trifling, have never fince been
fevered from his patent; althpugh the feparate profits are now,
from the increafe of people asd property, fufficient to give a com
petency to almoil as many different individuals as there are em
ployments. He is fe.cretary of the iiland, clerk of the enroll
ments and records, clerk of the council, clerk of the court of
errors, clerk of the court of ordinary, clerk of the committee of
correfpondence, affociate-judge on trials per commifiion for piracy,
commiffary-general of the iiland, and notary-public, befids fome
other duties relative to trade, perfons leaving the iiland, &c..
which are comprehended under the general office of fecretary.
Jamaica currency..
£ s. d.
The grofs profits of thefe offices was, communibus annis, 6 500 o o
Contingent charges, according to the higheil eilimate, 1400 o p
Which, deduced, leave the clear profit of
1
KI00 O O
The


BOOK I. CHAP. VIII.
The firft deputys moiety of the grofs profit was
Out of which was to be paid to the patentee hisi
flnnmfv nf 1500/. fterling, which is, Jamaica?
83
currency,
This deputy, finding his quota fo much reduced,
infilled on the additional fum of 300/. fterlingper
annum from the fecond deputy: Jamaica cur-
Total of the fir ft deputys ihare,
The a&ing or fecond deputys grofs moiety was
Out of which he was to pay the firft deputy, as be-1
fore-mentioned, J
And all the charges of clerks, paper, &c. incident-)
to the execution of the office, fuppofed to amo
to about
Total of the fecond deputys ihare,
The feveral proportions of the n<
vided as follows:
£ s d.
Engk
Firft deputy, dito,
Second deputy, refiding in
Jamaica, -
1570 o o
J 143 0
ditto
ditto
£
X.
d.
32S
0
O
2100
0
O
115
0
O
420
0
O
l57
0
O
3Z5
0
O
420
0
O
2830
0
O
1400
0
O
1430
0
0
therefore,
di-
£
S.
d.
1500
O
0
1 I 21
8
H
1021
8
6|
3642
17
n
5100 o o
On a fuppofition, that the fees of this office (as at prefent taken)
are only double what the law allows (although many of them are
affirmed to be much more), I fhall imagine the patentee to be re
M 2 fider


4 JAMAICA.
ident in the iland, and fatisfied with only the legal fees as a com-
penfation for his trouble in the execution. The account would then
Hand thus :
Grofs profits of the office,
By the charges of execu
tion (which, in a great
meafure, would depend
upon himfelf), as he
might fave the wages
and perquifites of an
head-clerk, by his own
attendance at the of
fice (which would
leffen the annual ex
pence at leaft 400/.),
I allow
£ s
325 0 0
> 1400 O O
T. s. d
1321
8
Remains, for the paten-1
, r f i8io o o or iterlmg
tee s fupport, J 3
Surely, here is a very fufficient annual proviiion, not only to main
tain the officer as a gentleman, but (with moderate oeconomy) to
afford a furplus for being laid up and improved into a capital for
tune. Admitting, that fome particular fees may be rated, by the
law, rather too inadequate to the duty performed; yet, upon the
whole annual bufinefs taken colledively, the profits of the office
feem adequate, and even fuch as may fupport the patentee in a ftyle
of living fuperior to a planter of the iland pofteffing an eftate of
one hundred hogilieads of fugar per annum. A governor may alledge,
that the emoluments of his poft are infufficient for the fupport of
his dignity, becaufe his chancery fees amount only to 50/. a year.
In both cafes, the aggregate fees, arifing from every branch of the
bufinefs, are to be confiderecl as forming all together a very ample
reccmpence and proviiion.
I mu ft beg leave in this place to offer a hint, that, if ever a new
fee law ihould be framed, thefe following points ought not to
eicape notice. All fees, which might bear hard upon new fettiers,
and


BOOK I. CHAR VIII. 85
and the poorer inhabitants, ought tobe made extremely moderate.
Such are, the fees on patents, plats, and dockets of land; on
marriage licences, naturalizations, wills, inventories, and the like.
The reftrictions on mailers of certain foreign vells, 44 to give
41 bond, enter and clear, 44 to purchafe let-paifes and permits,
ought to be utterly aboliihed, and amends made to the reipcdtive
public officers, by enlarging the fees on other articles that might
beft admit of it. To return : I have hated the adting deputys in
come (according to the fees now taken)*at 1430 /. per annum;
and I am perfuaded that it is rated too low, becaufe the contin
gencies of the office do not (I have good reafon to believe) exceed
1000/.; and, if this is the fadl, his income, to be nearer the truth,
ihould be eftimated at 1830/. Jamaica currency. It is evident,
that when a future patentee ihall raife his rent to 2000 /. fterling,
or 500/. more than it now is, this will caufe a reduction in the
deputys gains from 1830/. to 1130/. Unable, therefore, to main
tain himfelf in the fame ftyle as before,, the deputy will neceftarily
be driven to expedients for bringing his income to the former hand-
ard, and naturally fall upon the very fame means purfued fo fuc-
cefsfully by his predeceiibrs in office, viz. new exadtions, and in-
creafed charges, levied on the pur es of the people : in which pro-
ceedure, he may not only be fupported by his principals at home,
who will be fo much interefted in his behalf for their own hikes,
but will think it worth while to contribute largely towards defend
ing himfelf againft all the force of colony laws and public clamour
in the proper place. A late deputy in one of thefe offices paid a
yearly rent charge of 100/. fterling, for his proportion only of ex
pence in defending the common caufe of the patentees againft the
public complaints. Well, therefore, might the aifembly with
concern obferve, 44 that the money, wrefied from the people by
44 thefe officers, had been moft fatally and iuccefsfully employed in
44 defence of their exadtions; and that, combined together by a fenfe
44 of their common danger in fuch cafes, enriched with public fpoil,
44 and thoroughly hekered by the irrefiftible intervention of noli
44 profequl, they will in the end fubdue all oppofition, and continue
44 to give the law to their fellow ftibjcdls.
On


M J A M A I C A.
On an examination into the clerk of the courts office, anno 1763 ,
7Mr. Bontein, the late clerk, honeftly declared, that
jamaica currency.
The grofs profits of the office, according to the-
fees eftabliihed by a Ipecial a£t of affembly > 9500 o o
pafd in his favour, were per annum about-
That the whole expences of the office (patentee!
and every thing elfe eluded) were about 1J
The deputys clear income was, therefore,
1500
8000
3000
5000
;He further declared, that the fees, exceeding thofe
allowed by the law of 1711, amounted to about
3000/. This fum being therefore deduced, .
We find what the clear.profit would have been to
* the deputy, according to the fees eftabliihed by
this laft mentioned law, viz. >
And we may infer [^], the affembly were perfuaded, in com
pliment to Mr. Bontein, to pafs an a£t in his favour ; fince his pro-
vifion, under the law of 1.71.1-, was already fo exceeding ample ; it
being equal to 3571/- 8r. 6d. fterling. Mr. Gordon, who had
officiated as a clerk in this office fince Mr. Bonteins deputation
expired, faid,
That the grofs profits of it per court were about
1800/. ; and, as there are four general courts in
the year, this amounts to
To which may be added for the affize courts,
/.
7200
1000
s.
d.
8200
The contingent charges he reckoned thus; viz.
£ s-
To wages of clerks, tic. 612 o
To the patentee, for rent, 420 o
To the fame, in prefents, rum, turtle,
fweetmeats, tic.
Remains clear for the deputy,
d.
o
o
j 168 O O ] 1200
[j] See this explained in the note [j], p. 90.
7000 O O
According


BOOK I. CHAP. VIII. 87
According to a fate of the profits under the law of 1711, as
drawn by Mr. Evans when he was clerk of the court, and there
fore very likely not exaggerated, ,
Jamaica cur re tic -
jr s. d.
The grofs profits .per annum were rated at about 5250 0 Q
Out of which deducing the contingent charges of'
clerks, &c. and patentee, agreeable to Mr. > 1200 o o
Gordons eftimate, viz. J
Remains for the deputy, -. 4050 o o
This latter account falls fomewhat fhort of Mr. Bonteins eftimate.
But, as Mr. Evans drew his iketch at the time when he was in the
exercife of the office, and to ferve a particular purpofe, his account
is not fo much to be relied on as that of Mr. Bontein, who was en
tirely difinterefted on the queftion, and feemed defirous-to conceal
nothing from the public inquiry. But, even admitting the income
according to Mr. Evanss computation, furely it will be thought,
that 4050/. (near 3000/. fterling) is a very adequate provifion for
the deputy, and for tranfa&ing the bufinefs of this office. It is in
fail too much ; and for this reafon it has happened, that four or
five different penfioners are quartered upon the patent.
I have thus proved, think, that the fair and legal income of
thefe offices, was it not diffipa ted among fuch a number of claim
ants, would be ample, liberal, and fully fufficient for the fubfiftence
of officers actually executing them. And this muft ftrongly militate
againft the plea of incread price of nceflaries. What the
parties themfelves may hve thought fufficient is not the queftion :
but it muft be left to difpaifionate and difinterefted perfons to ad
judge, whether the officers could have any juft caufe; for complaint, that
they were not, according to the fee law of 1711, remunerated to the
full value of their labour. I know there were various opinions
upon this fubjedl j and, I muft own, I thought with the officers, til!
I had.re-confidered it with more attention.
SECT.!


IS J A *M A I C A*
-s E C T. n.
TEE public welfare of this iiland has, in general, been moil in*
faraouily negle&ed by fome of thofe who formerly executed thefe
offices. Few, if any, of them, except the provoil-marihal, fecre-
tary, and receiver-general, give any fecurity to the public upon
their entering into office j nor is the fecurity given by the former
of the three above-mentioned in any degree proportionate to the
importance of his trail. Thus, in fome of them, judgements, de
crees, and proceedings, for duly recording of which the repetive
deputies had been fully paid all their fees and demands, legal or
illegal, were fuffered to remain unrecorded, promifcuouily tumbled
in loofe heaps, in the utmoil confufion, and many in this (late ut
terly deflroyed by vermin. In four years (from 1749 to 1753) ^e
aiiembly granted no lefs than 2850/. ir. 9d. to deputy-regifters
of the court of chancery, for recording loofe papers: and, notwith-
ftanding this, it appeared, {from an account taken in 1759 (only fix
years afterwards), that the recording of the proceedings, at that
time lying loofe in the office, would coil 1600/. Here then is a
clear proof, that, by the iniquity of former regifters, the fuitors of
that court had been defrauded of 4450/. ir. yd. which they had
aftualiy paid in fees for recording their papers, and which thefe of
ficers had perverted to their own ufe. Some of the alarming confe-
quences, likely to eniue from fuch breaches of trull, are well fet
forth by almoil the only honeil deputy that ever was employed in
this office[r]. His petition to the aiiembly in 1763 dates, that, upon
44 taking pofieflion of the office of regiiler, and examining into the
41 condition thereof, he found all the proceedings of the laid court,
for many years pail, had been promifeuoufiy heaped together, and
44 continued unrecorded: that the members of the houie were the
44 bell judges of what confequence it might be to the fecurity of
44 pqifeihons, and of many eftates in this iiland, to have the prGceed-
4C ings and decrees of the court preferved ; for, if left to remain
[r] This gentleman, I have fince heard, tcok the pains to get an a£t paffed fer regulating the
office, and requiring a iecurity irom the a fling officer ; a circuit} it anee highly to his honour.
u in


BOOK I. c h a P. VIII. §9
in the confufion in which they then were, they muft of neceihty
be in a very ihort time deftroyed by vermin : that the petitioner
tc laboured under a great grievance, in as much as, from the con*
fufed hate of thofe unrecorded papers, fometimes himfelf and a
<£ clerk have been employed four hours, or more, in a iearch which
he was obliged to make on the requeft of any one, and for which
he was allowed by law only fifteen-pence; which he ihould have
thought a very adequate reward, had the papers been regularly
iC recorded; but their prefent condition was not only attended with
much hardship in this reipeft to him, but with great impedi-
ie ment very often to the public buiinefs of his office: that, he
apprehended, it would require the labour of many clerks under
his direction, for the fpace of two years, to record the faid papers
and proceedings, and perform the other buiinefs before ftated, &c.'y
What a fcene of iniquity is here laid open to view! A load of
papers, the whole of which affefted property, and under many of
which a number of eftates derived their titles to the occupiers,
were, by the wilful negligence of the preceding officers of this
court, q enormouily accumulated, as to require two years conftant
and diligent attendance of the regifter, and the labour of feveral
clerks, to properly record them. Their breach of duty appears the
more criminal, as it was accompanied with downright robbery;
for they had been paid their full recording ibes by the parties inter-
efted in thefe papers, and yet left the buiinefs unperformed for which
the money was paid. By thefe means were the parties ihamefully
defrauded; and many of them driven to very great difficulty in dii-
covering their titles. Some of the decrees were wholly loft, and all
the reft in hourly danger of becoming an heap of rubbiih; whilft
the fucceifor to thefe delinquents was put to very great hardffiip
and expence of time in fearches, and the difcharge of his duty a-
greeable to law. I can find no terms fufficiently expreffive of fuch
complicated treachery and wickednefs. Much, indeed, of the
odium of thefe tranfgreffions ihould properly fall to the ihare of fuch
governors, whofe perfonal example of rapacity, and inattention to
the public welfare of the ifland, invited every inferior officer to
thefe mercenary practices; whilft it fecured the regifter from all
apprehenfion of difcovery and difgraceful removal, which the in-
Vol. I. N tegrity


9o JAMAICA.
tegrity of an upright and adtive chancellor would certainly have
effected. The frequent arbitrary diffolutions and interruptions,
purpofely thrown in the way to perplex affemblies, hindered thefe
inquifitors from making timely and ftrift fearch into fuch abufes at
their firft progrefs; and thus left the offenders at free liberty to
perfevere in their crimes without any effectual reftraint. When a
governor, like the main fpring of a watch, is faulty, every fubor-
dinate movement in the political machine becomes proportionably
difordered and irregular. An honed and difcerning governor, by
the energy of his example, and the item terror of his virtues and
penetration, may render many a penal law ufelefs, by preventing the
commiffion of offences ; but an iniquitous and rapacious one labours
all he can to make them ufelefs, by defeating their ends, and ob-
itruiting their execution.
In the clerk of the courts office the like grievance has been often
a fubjedt-matter of the public complaint. It was found, upon
an inquiry made not many years ago, that upwards of eighteen
thoufand judgements temained unrecorded in that office [j], exclu-
iive of a very great number which had at different times been loil
or miflaid by negligence of the officers. In the fecretarys office
there feems to have been lefs fraud, and more attention, than in any
other. The books and papers have in general been kept with due
care, and the deeds, &c. regularly recorded. The caufe of which
perhaps has been, that, feeing this office was july regarded as of
the utmoil importance to public and to private property; fo the
laws of affembly have fubjefted the officer to a multitude of heavy
penalties, and to large fecurities, in order to force him tobe fedu-
ous and faithful in the difcharge of his numerous duties. The
provoft marihals office is the capital or imperial grievance. The
affembly, upon enquiry in the year 1763 into the manner of exe
cuting this office, found the books kept in fo obfcure and unintelli
gible a method, that it was extremely difficult, if not impoffible,
for the fuitors to trace out what fums of money had been levied and
received upon their writs. According to the iyilem upon which
[s] It was on this account, as I am lately informed, that the aflembly paited the aft before-
mentioned in Mr. Bonteins favour; which raifed the income of the office in his time to 3000/.
per annum extraordinary. This was meant as a gratification to him for recording thefe loofe
judge meats.
it


Full Text

PAGE 1

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PAGE 5

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PAGE 6

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PAGE 8

fJ I 89 8 87 QO /f} 18 17 13 PA 12 // 10 HAR T 9 8 7 ,, .Fort'Jto._val 17~ .57.Xorth .Zaf-. 76~ 37.' lfl'i,_ft .Zon. from..hon !}0 89 88 87 Vl_ H,ml'J' of .'liue ji,m1 .Io11don. 8 84 cr ,U J0 JJri,tj/lt.llfttrte J;ea,1w S 20 tv aJJegree. ,, Jl~Diff/Hid iliiii".;\, ,/~'" iltt!Mi, O JJritj/h Statute Jfil,s 6g fto aJJegre,, 8 82 81 80 Ca_ymanbrack JJ ..P KunthU:f!:!.~------T lo Slzure and '!{_'J _______ JJlackJl.ivet: il!~_t!.''!}!i!:!..1!~'.:-___ .:_______ fr Jttm"' ------. Sontanillas 1rackofS!~ 1 (!_".:.".".-----'-----d 4 :r;,m,i --86 v:_ 1.1,f'lmld -------------~,? ~5 ~t / ... 't~c; et"'/' 'f'f-&' L--/ -., /,/-8.5 84 --8 Sarnnilla New Sb.ol. ---82 81 80 7 fJ V1 \e_, ??:-"' \, ,rr. _,D.l'U \ \, liJill a::io l{eZ .;;}:JConWr: ' 78 \ ' e ' 6 / A I ' 4 7 E 7 ) / f A N 12

PAGE 9

... T H E .. t-t:..,., .. ~ H ~. s T o R y ,. o F J A M A I e A. O ll, GENERAL SURVEY OF THE ANTIENT AND MODERN STATE O F T HA T I S L A N D: W I T H Reflelions on its Situation, Settlements, Inhabitants, Climate, Produl:s, Commerce, Laws, and Government I N T H R E V O L U M E S. ILLUSTRATED WITH COPPER PLATE~ V O L. I. _____ ..._ _____________________ -mea fuit femper hac in re voluntas et fententia, quemvis ut hoc vellem d~ iis, qu i <-effent idonei fufcipere, qua.m me ;-me-, ut mallem, quam neminem. Crc. Orat. in C1Ec1uuM L O N D O N: PRINTED FOR T. LOWNDES, IN FLEET-STREET MDCCLXXIV, ..

PAGE 10

" THIS VOLUME HAS Bttl REVIEWED _r FOR PRESERVATIOII. .Ji Date: ; .. ~... .. .... ..... .,,., .,,;;...,,.-;)11 ... .:."' \:l,
PAGE 11

I N T R O D U C T I O N~ S E V ERAL hilories have been publihed of this iland ; yet no11e, that I have met with, affords much 1nore than a general outline, very unfatisfatory to thofe who intend to fettle in it. Having fpent fome years of my life there, I thought I could not devote rny leifure to better purpofe, than endeavouring to give an idea of its produl:s, and importance to Great-Britain, beyond what 1nay be conceived from a perufal of thofe publications. In regard to the plan of this work, it may be proper to adver tife the reader, that I have avoided entering into detail of the charaters and fpeeches of our governors ; or reciting the various VoL. I. B exploits

PAGE 12

I N T R O D U C T I O N. exploits of admirals nd generals. The former would afford very little matter either for entertainment or inl:rution ; the latter are copiouly related by different hil:orians, in treating of the naval and military affairs of the mother l:ate. My intention is, to give a competent information f the el:a blihments civil and military, and l:ate, of Jamaica, its produc tions, and commerce; to fpeak compendiouly of its agriculture; to give fome account of the climate, foil, rivers, and mi11eral waters ; ,,vith a fummary defcription of its dependencies, counties, towns, villages, and hamlets, and the mol: remar~le natural curioi ties hitherto difcovered in it; to difplay an impartial charater of it~ inhabitants of all complexions, with fome l:ril:ures on the Negroe laves in particular, and freed perfons, and the laws affeting them; and to recommend fome general rules and cau_ tions for preferving the health of thofe who come hither from N orthern clima tes. I ibould think my tak but indolently performed, if I
PAGE 13

I N T R O D U C T I O N. 3 iland, I have collel:ed from the bel: authorities I could me<:t with. In regard to my remarks upon mal-adminil:ration, whether of government or office ; as I utterly difavow any thing perfonal, fo I defire they may be conl:rued to l:igmatize meafures, not men; or, i( the latter, thofe only who have been criminal. My readers mul: be fenfible of the many difadvantages tmder which a writer labours, who, in treating of recent fals, or fpeaking of his co-temporaries, is equally in danger, either of flattering, or of gi ving off en ce. The fpring of men's aB:ions, as well as the true colour of their charal:ers, are feldom cle.irly difcernible whill: they are liv i ng. On this account, a writer is liable to be miled, either by popular rumour, or bis own imperfe& judgement ; for, where the grounds of any al:ion are unknown to the multitude, a common fpel:ator can only endeavour to fix them as near to probability as his reafon and penetration will enable him. In regard to Colony adminifl:ration in general, there is fcarcely an author on the fubjel:, who has not produced infl:ances of con fummate tyranny and injufl:ice, pral:ifed in thefe remate parts of the Britih empire. The fubjel:s here may be compared to the helplefs offspring of a planter, fent to the difl:ance of many thou fand miles from bis p~rent, expofed to tbe imperious domination of l:rangers, and exiled beyond the ieach of fatherly protel:ion. 1t is not an eafy matter to difcredit what fo many evidences have concurred in afierting : but it is very natural to foppofe, that the lufl: of unlimited power, inberent to mankind, will ahvays ravage mol: licentiouly in thofe fequel:ered places, where the hand w hich hould rel:rain its career is too dil:ant, and the reins are too mucb lackened by their immodcrate length. Men, entrul:ed with public offices fo far from the Mother-fl:ate, require a chain, infl:ead of a thread, to hold them within bounds. I t was for this reafon, that the Romans, the mol: generous of all con querors, inl:ituted a means for punihing extortion committd by their pra:tors, or other officers, in their feveral provinces. The impeaching befare the fenate, and bringing to jufl:ice, fuch offen ders, was thought highly honourable; and was ;;l,nxiouly coveted, B 2 and

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4 I N T R O D U C T I O N. and undertaken, by advocates mol: dil:in g ui ili ed in the city for their virtu es ank, and ability~ -We h a ve fe e n ( unhappily) the reverfe o f t h is in our fyl:em; and tyranny ha s n o t o.nly been de fended, but even careled and rewa r ded in prop o rtion as it has been uncommonly dari n g and enormou s The tyrant had only to call the l:ru gg l e s of the oppref e ct by the narpe of f acl ion; a n d, under the hadow of this word, he cou l d conceal their wo u nds and his own guilt. A faithful defcription of our Provincial g o vernors, and men in power, would be little better than a portrait of artfice, duplicity, haughtinefs, vi o lence, rapine, avarice, meannefs, rancour, and dihonel:y, ranged in fucceffion ; with a very fmall portian of ho nour, jufl:ice, and magnanimity, here and there intermi'xed, to leffen the d ifgufl:, which, otherwife, the eye mul: feel in the con templation of fo horrid a group. How unpleafing then would be the tak of fuch a Biography, which is to exhibit the deformities of hu m an nature, unenlivened with any, or but too few, of its graces !-Yet, I confefs, that, if a writer could fupprefs the averfion which natur a lly rifes at the ight of loathfome objet:s, it would be no fm a ll re'l i ef now and tben to p a int thofe brighter tints of charat.er, whofe radiance glil:ens through the difmal fcene, and receives a heightening from the !hades and darknefs that furround it.-It is not the leal: of our misfortunes, that, without recurring to pal: annals, we can find bu.t too mu ch employment for the pencil in defcribing tytan nies of the prefent hour : let thefe be expunged, and we hall foon forget what our progenitors have fe]t.-Among the reigning op preffions, none are more grievous than thofe which flow from the injolence of dfice.-Whatever examples of this frt I may dr a g to the light, they will only ~e expofed from the hope of producing fu ture amendment.-We are not to exper, that men, invel: e d with power at difcretion, will forbear, frorn an innate princi p le of goodnefs, to make an ill ufe of it, while they can abue it wi th impunity and profit. The moft certain method of teac h in g them rnoderation is to t a ke this exorbitanC)' of power out o f their hands; as a bear is rendered an inoftenfive animal y muz zl i ng i or a viper, by drawing its fangs.-A knowledge of what p affos w it h i n

PAGE 15

I N T R O D U C T I O N. 5 within thefe dil:ant governments will convince the public, that the two-edged weapons of power ought to be dealt out in them but very fparing1y. Perhaps, one principal caufe of its abufe in the colonies may have been, that it has feldom been arraigned at th.e bal' of the public: for, ho-.vever ridicu1ous fome men wou1d ~ffeB: to treat foch appeals; yet there are no delinquents, who are not ,confcious that tbey feef an inward tremor at the very idea of hav ing their deeds of darknefa revea1ed, and dif1ec:1ed, before fo irn partial and rigid a tribunal. And, as frequent free afemblie-s of the commons, by uncorruptible reprefentatives, h ave been jul:ly eleemed the bel: fafeguard to our national freedorn; fo frequent appeals to the public may be a fore and fpeedy means of prncuring redrefs for prnvincial grievances.-When the planters ha ve com plained of violations done to their liberty, the enemies of tb.e \tVel:-India ilands have often retorted upon them the imprQpriety of their clamouring with fo much vehemence for what they deny to fo many thoufand Negroes, whom they hold in bondage. Give freedom" (fay they) '' to others, b.efore you claim it for '' yourelves~''-Servitude, rehill:ed to a particular clafs of perfons, was tolerated both by the Romans and Athenians: yet no people were ever more jealous of their own liberty ; nor did they find their own enjoyment of it at all incompatible with the exclufive obligation to labour impofed on othcrs witbin a certain limit. Orr the contrary, the higher el:imation tbey put upon thei-r own in dependence, the more indulgeAt mal:ers were they to their laves : for ,vho dou bts, but the fervant of a free man is more likely to receive a mild treatment,, than the fervant of an enflaved perfon vVhat I have faid does not imply, that a fyl:em of fervitude ought to be introduced into any free country ; but only means to iliew, that it may be permitted with leafl: difadvantage, both to the mal:e.r and vafal, in tbofe parts of the world, where it happens to be ine vitab!y necefary, and where, under proper limitations~ it cannot tend to enflave the principal l:ate.-To pave the way for fo fatal an cffet as tbe lal: mentioned, the flave-owners themfelves mul: firft be gradually inured to fubjelion, and deprived of the right notion of a generous, legal freedom. They muft be taught to confider imp)icit fobmilion to foperiors as the greatel: of all virtues; and. a boundlefs.,,

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6 I N T R O D U C T I O N. boundlefs, blind obedience to au thority, as the efence of all civil duties.-Nothing is more repngnant to foch a degeneracy of the human mind, than to encourage a high, a liberal, and independent fpirit : and, for this reafon, the planters, or owners of laves, in our colonies, cannot be too l:eddily fupported in the poffeffion of Britih freedom, to the follel: extent that our conl:itution will bear. -Conidering te many efforts, that have been made, at different periods, to debafe their minds, and the firm refiftance they have given to fuch ungenerous attempts; we have grounds to hope, that they never will furrender their birth-right, but continue to maintain the facred charter, with equal fortitude, to the end; that, when Time hall have left fcarce a fragment of it extant in the country where it was firl: promulged, it may l:ill be found entire and un diminihed in Britijh America. To obviate landers, and explode thofe prejudices whjch malice, or error, have generated, is anotber branch of this defign. In the execution of my plan, I have digel:ed the various fubjel: matters under their refpelive heads. They might poffibly have been thrown into a more conneled train. But there are fome .among them, which, with the remarks upon them, are particu larly interel:ing to the gentlemen of the iland; and not of a nature to claim much attention from thofe who have nothing to do with its interna} policy and regulations. In fuch a variety of topics, it is difficult to avoid fome little confuion, and perhaps repetition ; though I have fallen into fuch irregularities, I may hope, but feldorn. A complete hil:ory, which hou1d omit nothing worthy of no tice, either in the frame of conl:itution, the government, la\vs, manners, commerce, clima te, difeafes, and natural hifiory, can only be formed upon a regular courfe of fhil: enquiry, val: appli cation, and very long experience or, perhaps, from the united endeavours of feveral perfons; for thefe various materials can nei ther be well colleled, nor digefied, by one man, efpecially in a place where foch fubjetts of enquiry are very little attended to. They who in general vifit this iland do not emigrate for the purpofe of compiling hil:ories but avowedly that of accumulating money; which being their chief employment wh:le they continue to

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I N T R O D U C T I O N. 7 to refi.de in it, we cannot expet that any one perfon hould of him felf find leifure fufficient far bringing together the many things required to form fo perfeEl: a ftruture; or that he can reap much afl:ance from others, who regard it only as a temporary abode, and have no incentive to know any thing further about it, except in what relates to their immediatce occ11pation. It is well underl:ood, that our governors have not gone thither merely for the fake of taking the air; yet a gentleman in this office is better enabled than any other man to collet the ufeful points of information, as he pofe.fes ample authority, as well as influence, to obtain it from pa,rties, and documents, the bel: calculated to fa tisfy his enquiries.-It is to be lamented, that none of thefe gen tlemen have favoured the public with an account, for which they might have procured the ground-work with fo much eafo to them felves, and utility to others. For want of foch information, it is. impoffible not to commit mil:akes in treating of the commercial :l:ate and population of this iland. Prvate men are unable to rec. tify thefe errors, as they want the means and opportunity of ac quiring exat intelligence. It may be thought, that political confiderations may have re firained them: but, furely, when a colony is found to be in a more flourihing condition than is genera1ly imagined, no injury can ac crue from correcting the popular mifapprehenfion ; and a difclofure of its frrength mul: rather ferve to intimidate than encourage an enemy. What relates to forts and fortifications does not fall within the hifiorian's province fo much as thofe defences and muniments which are founded on a right fyl:em of government and policy; thefe are the effential bulwarks of a country. Whill: Britain continues mil:refs of the fea, it is of very little confequence, whether the forts at Jamaica are well or ill conl:rut:ed far defence. The true l:rength of the iland muft originate, not from the num ber or nature of its lines and bal:ions, but from a well-regulated fpi rit of indulry, diffufed through every part of it. If tbis fpirit, by means of ~ny defeEts in adminil:ration, is hindered from aB:ing to its free and full extent, they ought to be pointed out, in order to be re7 mcved;

PAGE 18

8 I N T R O D U C T I O N. moved ; and the removal of them mul: tend to invigorate the colony. Whcre any weaknefs, therefore, is obferved to fpring from this fource, a national enemy can derive no advantage from knowing it, u.nlefs he is able to prevent a removal of it; which cannot happen, but by his bringing it under bis own fovereignty and legilation. But it is of the utmol: confequence; that it hould be laid open to the view of thofe, whofe duty and interel: it is to apply fit remedies. And the prefent alm of peace mol: opportunely affords leifure for deliberating on the bel: .plans, and executing them without inter ruption. I have remarked, in public afemblies, that the ablel: politicians are not always the firfi: fpeakers; that all wait with impatience till ilence is once broken, perhaps by orators of the fmallel: capacity. Like one of thefe orators, I deliver rny fpeculations and projets; be caufe none other of the crowd has l:ood forth to anticipate me; and in the hope, that fome of better knowledge and experience will fecond my argument. Imperfet as my endeavours are, I hall think them well rewarded, if they meet with approbation from thofe worthy men, who, having fixed themfelves upon the foil, difpenfe happinefs and ful:enance to thoufands in Britain. To their ufe I principally dedicate my pen; and to their generous opinion I fubmit this unpolihedfarvey aj Jamaica. CH A P.

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[ 9 ] CH A P. l. Of the Government and Cot!ftitution. A FTE R the redulion of the iland by Penn and Venables, tp.e Spaniards either quitted t, or were all driven out; fo that it remained inhabited chiefly by the foldiers who had con quered it: and it was governed, of courfr, by military law (which is a branch of the law of England), until fome time after the Rel:oration of Charles II.; when the meafure of making it an Englih fettlement was adopted. The king, in order to induce hi s fubjeB:s to tranfport themfelves and families hither, put out a pro clamation [a], offering them man y encouragements; and particu larly, that all children of natural-born fubjels of England, to be born in Jamaica, hall, from their refpetive births, be reputed to be, and hall be, free denifons of England; and hall have tho fame privileges, to all intents and purpofes, as the free-born fub jels of England." N or cou]d any thing lefs than this have been fufficient to induce the free fubjets of England to quit their co~n .. try, and fettle in a remote climate.-In purfunce of the royal pro rnife, and as foon as the co1ony was numerous, and confiderable enough to make it an objet for civil government, a civil govern ment was inl:ituted, in mofi refpels the fame as what now e.xifts. The king could not give any other form of civil government, or laws, than thofe of England; and accordingly th form of govern ment here refembles that of England almol: as nearly as the condi tion of a dependent colony can be brought to refemble that of its rnother country, which is a great and ndependent empire. Here, as in England, we have coroners, confiables, and juftices of the peace. W e have a court of common-pleas, court of exchequer, and court of king's-bench : we have grand and petty juries : we have a court of chancery; court of ordinary for the probate of wills, and granting adminifirations ; a court of admiralty for trial { a J See cha p. X, of this BQok, .Appendix, D, Vot, I. ...._ -.. e

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10 J A M Ir. I C A. of offences on the high feas, and other bufinefs. civil and marit1me; c,mrts of quarter-feffion, vel:ries ; and, in time of law-martial, a military court, whofe jurifdition is controuled by the nlitia acrs, and from whofe judgemnt an appeal Hes, in capital offences, to the governor in the firl: inl:ance, and to the king in council in the der nier refart; in inferior cafes, to the governor only. The coroner )~ deted by th~ people; the conl: ables are appointed by the juftic e s .-0f :the peace ; and the judges of ~11 the courts at by authority of the king's commiffion under the broad feal of the ifland. The dif ferent orders of judicature are then exatly like thofe in England, .. fobfil:ing by the fame authority, and are inl:ituted for the fame : purpofes. There is fomewhat of the fame refemblance pref~r~d in the fo rms of our legilature. It is cmpofed of three eh:ates, of which the governor ( as reprefenting the king) is head. Having no .order of nobility here, the place of an houfe of peers is fopplied by a council of twelve gentlemen appointed by the king ; which, : in the fyftem of our legilature, forms the upper houje. The lower ~ houfe is compofed (as in Britain) of the reprefentatives of the p~ople, e1eted by the freeholders. Thefe three bodies form a legilature, w hich exercifes the highel: ats of legilation ; .for it raifes money ; and its laws extend to the life~ liberty, and property, of the fub jet, feveral perfons ha ving fuffered death u pon laws pafod by our : legi11ature, even before they have received the royal afe11t. !'befe three ejlates ought, by the Englih conl:itution, to be perfectly free in their de1iberations, and perfely independent of each other But the two firft branches do not by any means refemble thofe they are to l:and for fo nearly as the afc.nnbly does. For example: The king appears perfonally, and in full ~1ajefiy, at the head of his parliament; his confent gives full life anc;l dura~ion to fuch bils as are 9ffei: e d to him by bis parliame11t ; Fnd he has in him[elf (ull : power to approve or 1-ejet them. The governor, althougl! he rep11efents th~ 'king in our legilature, yet ats by a delega~ed power, a nd exercifes only fuch parts of the prerogative as the king is ple a fed to inl:rut him, Thus too, alt.hough his confent be neceffary to the ena.:ing of laws, nd to the giving them full force while they l-afr; yet it can give them but ~ ternpora_ry e~ift~nce, until the ki n g's ,, pleafure is known ;; it ~ is from .QS m;1jel:y's tonfent, tpn\ : tlrny re ce1ve

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BOOK I. CH AP. 1., l 1 ceive the ir full life and duration. Our governor is alfo bqund to f0llow inl:rutions in hi~ legilative capacity; and is not therefore, nor can, from the nature o f things, be independent. The members of the council hold their places at pleaure, are lia.ble to be dif placed u pon any occafion by a governor ; and they have often been difplaced upon very light pretences. This body, therefore, is but a very im perfet reprefentation of a houfe ef peers ; and, becaufe of the uncertain tenure by which they hold their places, wants much of t.hat independence which is proper to every branch of the le gilature in a free country. ln their legilative capacity, they clai~ a right to the privileges of parli a meqt ; fince, in our conl:itution~ their confent has been thought neceffary to the enating of l~ws. The afembly, or lower houfe, has an exat refemblance of that part of the Britih conl:itution which it l:ands for here; it is, indeed, an ~pitome of the .houfe of comqions, called by the fame authority, deriving its power from the fame fource, inl:ituted fo~ the fame ends, anp governed by the fame forms. It will be difficult to finff a reafon, why it hould not have tpe fame privileges and powers, the fame fuperiority ~ver the courts of juHice, and the fame ran~~ in the fyfiem of our little c~mmunity, as the houfe of commoqs has in that of Britain ; ef pecially fin ce all the courts of jul:ice here are governed by the fame laws, enjoy the fame privileges, exerci(e the fame powers, and ho1d the fame rank, with thofe they refpec .. tively reprefent. In Charles the Second's time, the earl of Cadifie was fent hither governor, and brought with him a body of Iaws fahioned after thofe in Ireland purfuant to Poyning' s al [b], with inl:rutions to get them paffed here. But the afembly rejeted them with indignation; no threats could frighten, no bribes could corrupt, no art nor arguments could perfuade them, to confont to laws that would enlave their pol:erity. The endeavours of fucceffive mi nil:ers were continued, for this purpofe, un~il the year I 728, whe n king George II. gave bis mol: gracious aferit to an at, commonly called the revenue a, which put an end to the conteft. This ratifica, tion of what may not improperly be d eemed our great charter "-7qS :purchafed by granting therein a perpetua! revenue to h i s majely and his fuccefors.-Having thus given a general view of our fon1,1, of go .[b] See Appendix 1 B~ C2 vernment.,

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J A M A I C A. [A. D. 1660 .. vernment, I hall reprefent its progrefs from the conquel: of the iland to the year 1684, a fpace of twenty-nine years, extrated from a manufcript whofe authenticity may be depended on. After the conquel: of Jamaica, part of the army being Jeft for its fecurity, and the proteBion of thofe who hould be induced to fettle and plant there, martial law became the rule of their govern ment, and was continued until the Rel:oration of king Charles II.: but his majely, bending his thoughts and councils to promote the profperity of this colony, foon refolved, that the army hould be difuanded, and that a civil government: hould be ereted under fuch known cul:oms and laws as would render the iland agreeable to the inhabitants, and benefi-cial to bis kingdom Accordingly, colonel Edward D'Oyley, by his majel:y's commiffion under the great feal of England, dated the 8th of February, 1660, was app~inted governor of the iland ; and was direted to proceed forthwith to i:he eletion of a council, to confil: of twelve perfons, whereof the fecretary of the ifiand was to be one, and the rel: to be fairly and indifferently chofen, by as 1~any of the army, planters, afld inhabitants, as by bis beft contrivance might be admitted; and, with their confent, the governor was empowered to afr accord-ing to fuh jul: and reafonable cul:oms and conl:itutions as were held and fettled in his majefiy's other colonies, or according to fuch other as, llpon rnature deliberation, hould be held necefary for the good go vernment aad fecurity of the ifland, provided theywere not re" pugnant to the laws of England In obedience to this com miffion, a council was eleled by the colonifts, in the nature of their reprefentat-ives ; feveral municipal laws were enated; civil officers were confiituted ; and pro v ifi0n made, by a revenue ar, to fopport the charge of government, which was then computed at 16 4 0/. per annum. But, the Spaniards frequently dil:urbing them i t h eir new pofeffions, the army was l:ill kept on foot : which preventing the incre a fu of the colony, and rel:raining the indul:ry of th e inhabi tants ; the planting bttfinefs, and breeding of cattle, dllring this go ver n or's adminiftrat-ion, were very little attended t0. The firl: e:fay towards eHablihing and fettling of th~ government. proving thernfore defetive, bis majefiy conl:ituted Lord Windfor go Yernor of the iland ; and, by his gracious proclamation of the -r-4th / yf

PAGE 23

BOOK I. CHAP. l. 13 of December, 1661, ( which bis lordhip carried with him r el), gave great encouragement to the planters; and declared, that all the chil tiren of his natural-bom fubj.ets,. to be born in Jamaica, fould be free denifons of England, and have the fome privileges, to ali in tents and purpofes, as the free-born fubjets of England; And, as bis lordhip's commiffion and infirutions contained greate r privi leges, conceffions,. and indulgences, to the inhabitants, than thofe that were fent to bis predecefors; fo they were better calculated for the more effel:ual el:ablihment of the government, by direl: ing, that it fhould be afimilated to that of the kingdom : and, to tbis end, he was empowered to appoint bis counci], and to call af femblies, according to the CHl:om 0f bis majel:y's other plantations; to make faws,. which were to be in force for two years,, and no longer, unlefs confirme~ by bis majel:y ;. and, upon emergent oc <;;afions, to levy maney, &c. Lar d Windfor,. not enjoying bis health, remained there but a few months: however, he fettled the militia, and confequently: dibanded the anny. Upan his departure, in Oc tober or November, 166 3,. S-ir Charles Lyttelton at thattime chan cellor of the iland, focceedd in the government; and in De<::ember 1663, by advice of his council, called tbe firl: af e mbly, which confil:ed of thirty perfons; and, u pon their meeting., they enal:ed a body of laws, with an at for raifing money for the public ufes, wherein the colletion, difpofal-,. and accounting, were ap pointed by the afembly. In I 664, Sir Charles Lyttelton left the government under the care and direl:ion of the council, who chofe Colonel Thomas Lynch prefident. 'I'wo thoufandjive hundred of the inhabitants were then regimented, beides four or jiv.e hundred more difperfed in the country ; and their provifions (as he afierted) greatly increafed. This account was fo acceptable to his majel:y in council, that Sir Thomas Modiford was recalled from Barbadoes, and, by com miilion under the great feal, ( 15 November, I 664,) was confiituted governor of Jamaica; with a power to er.el: judicatories, to call aflemblies, and ( with their confent) to make, ordain, and confiitute, all manner of hi.ws,. fiatutes, and ordinances, and, upan imminefit occafions, to levy money for the good and fafety of the public ; whi.ch laws werc to be, as nearly as might be, foitable with, an.d .. ~f] Sec Appendix, D ag_reealile.

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J A M Al C A> agl'eeable to, the laws of England. Accordingly, in his firl: year, he called an afembly, who en1arged and regenal:ed the forme,r faws; and thefe, upon fome afurances given him of his majel:y's approbatiqn, were continued in force during his gov.ernment, which ended in the year I 670. By the mul:er-rolls of .the mili tia about -this time, tranfmitted to the Iords of the committee for trade, it ap pe a rs their number w a s two thotefand feven hundred and twenty ; a n d that the number of feamen, -in and about the iland, was two thou Jand five hundred, privateering being then the great bufinefs and con .. cern of the ifland. Bt, an end being put to that trade foon afrer th American tn;aty with Spain, and the government being con, firmed by the new gov e rnor Sir Thomas Lynch's commifon and infl:ru:ions, the improvement of the iland was indul:riouly profe cuted and encouraged; and the planters incre a fed, by the conl:ant : accelion of others from all the feveral parts of his majel:ls domi nions. An alembly V f as called foon after his arrival ; by which the laws that were pafed, and had expir e d in the time of the preceding governor, were altered and enlarged; and, in two years after, not being confirmed, they were again re-ena:ed, and fent to En g land for his majefiy's royal approval. Lord Vaughan fucceeded Sir Tho mas Lynch in 1674; his commiilion named his counfellors, direte bis calling afemblies, to be chafen by the freeholders and planters, according to the cul:om and ufage ~f Jamaica, who were to be deemed the reprefentatives of the people, fo make laws (as ne :}S conveniently might be) agreeable to the laws and ftatute s of Eng : land; thefe laws to continue in force for two years; but none to be re-ena:ed, except upon veryurgent occafions, and in no cafe more than once, except with his majefty's exprefs confent. His lordhip immediately fummoned an afembly, and pafed all the laws that were then expired, whi.ch were fent to England to be confirmed, or other wife difpofed of, as his majel:y hould determine; bt1:t, not being r eturned in two years, another afembly was called, by whom all the fame laws were re-enated, except the revenue afi, which was r ejeted by bis lordhip. As he found the iland in a flourithing condition, and that the people had been very eaiy under the mild and -fuccefsful governmentof his predecefor; fo, by his indulg~nt, fteady, and impartial condut/ he greatly contributed both to the in creafe

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. t 674l 678.] BOOK I. CH A P. l. creafe and l:rength of the iland. By an account of the militia fent home, not long after his departure, they were augmented to four thoufand jive hundred and twenty-ji.v, a greater nuinber than they have ever fince mul:ered ; and the planters exported, in the four years from the commencement of his government, very near three times as much fugar as they had exported in the three years and three quarters preceding. Neverthelefs, this profperous courfe was foon in terrupted. U pon examination of the laws then in force in J arnaica, fch objetions were raifed by the lords of the committee for trade, that his majel:y was pleafed to rejet fome, and diret the new-mo deling of the rel:, which were to be fent back, that they might be pafed, by the aflem bly, after the manner in I reland, according to Poyning's laws; to which rule they were to be bound for the fu ture: and, the aifembly having imprifoned one of their members, for feveral mifdemeanors and breaches of arder of their houfe, the privileges they infified on as natural and necefary to the reprefen tatives of that colony, which were the fame that the houfe of commons have in Engiand, were likewife controverted. The afore faid Lnvs were accordiugly returned to Jamaica in .1678, by the earl of Carlifle, their new governor; who, on his arrival, called an aflembly, in orcler to pafs the fame: but they, being much diflatis fied with this frame of govemment, and w1th 1ofing their deliberative part in making and pafng their laws, rejel:ed them. The next year, 1679, the faid laws vvere again tranfinitted thither t111de1 the broad feal of England; and, though bis majel:y was advifed ro furnih his governors, and their council, for the time to come, with poiver to raije money. as had been pratied in their infant l:ate, if they did not comply with bis royal commands, yet they again rejel:ed the m. It would be too tedious here to enter into the argu ments and reafons, tbat, on the one hand, were urged to obl.ige the alembly to comply, and, on the othcr, that \\:ere offered to fopport the neceffity of re-el:ablihing tbeir late conl:itution.. However, it muft be obferved, thai-, on tbe 23d of June, 1680, bis majery in council was pleafed to arder, tbat the following quel:ion hould be propofed to all the judges, viz. "Whcthcr, by bis majel:y's letter, "proclamation, or commiilion annexed, bis majefiy had exclu
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16 J A M A I CA. '' conquered country, and all laws, fettled by authority .tbere, being now expired ?" What was reported hereupon by the judges doth not appear ; neither is it material, fince bis majel:y very graiouly condefcended, after hearing colonel Long and colonel Beel:on (who were deputed by their colony to fopport their allegations), and the planters and n.1.erchants thea refiding in London, by and with the advice of his mol: honourable privy council, to determine in their favour ; and accordingly, by a new commiilion tq the earl of Carlile, under the broad feal,. da red the 3d of Novembel' fol lowing, not only refiored to their iland its former government, and all privileges they had hitherto enjoyed, but enlarged them ; and, in confideration of the languih ing l:ate of the country, granted, that the quit-rents, &c. there ;;i.rifing to bis majely, hould thereafter be appropriated and applied to the ufe of the public. The earl of Carlifle having left Jamaica during this debate, Sir Henry l\tlorgan al:ed as lieutenant-governor in his abfence. His lord{hip declining to return, his majel:y gave the iland a forther inlance of his great favour and goodnefs ; and, in 168 r, appointed Sir Thomas Lynch governor, and empowered him, with adi.iice and confent of the afembly and council, to make fuch laws as hould be conducive to his majel:y's interel:, and agreeable to them. Accordingly, in 1682, feveral new laws were pafed by the gover nor, council, and afombly, whereof twenty-eight, on the 23d of February following, were approved and confirmed by bis majel:y for feven years ; and thofe, with fome others that complete the firl: volume now in print, on the 17th of April, 1684, were approved, and confirmed by his majel:y for twenty-one years, and are l:ill in force In this manner was the legilature of Jamaica at lal happily fettled, to the great fatisfation and encouragement of the inhabi tants: and as this government was ailimilated, as near as pofble, to the government of their mother kingdom ; fo their afiemblies were allowed, and enjoyed, the fame pri vileges that the houfe of commons pofefied there. And, fince lord Windfor, under ,vhofe commiilion afiembl~es were fir_ft el:ablihed, was direted, '/ to do and execute all thmgs accordmg to fuch reafonable laws, cl:oms, '' and conftitutions, as hould be fettled, provided they were not re~ "pugnant

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B O O K I. C 1-I A P. J. 17 pugnant to the laws of England, but agreeing thereunto as much '' as the condition of affairs would permit.'' A nd, as the commif fions of fucceeding governors are of the fame import (as it cannot be doubted, it was abfolutely necefary the afemb]y hould havc a rule to go by); fo it is fubmitted, whether the governors had it not in their power to prefcribe this known rule to themfelves, and recommend it to the afembly; and whether they could lay clown a better, 1:heir opinions, however, both of the conl:ituton and privileges of the alemb1y of Jamaica, will appear by what follows In the year 1669, Sir Thomas Modiford anfwers to the committee for trade, upon their enquiry how the legilature was fettled, that the legilati ve power of making and repealing la ws is fettled in the governor, as his majefty's commiffeoner; in bis majefty's counci!, as reprefenting the lords houfe; and in the q/fembly, compofed of the reprefentatives of the freeholders, two perfons eleled out of '' each parih, and thefe chofen as the commons of England ; being '' an humble model of our high court of parliament, each of the refpeaive bodies enjoying a negative, as well as an qfjirmative, vote.'' Lord Vaughan; on a queftion that aro fe about the method of paffing laws, declared to the afembly, that he hould guide himfelf according to the ufage and cu.flom of par/iame11ts in Eng ,, land.'' The af:mbly, in an addrefs to the earl of Carlile, upon the objetions that were made againft the imprifoning their members foi' mifdemeanors, &c. fay, "they hope it is juftifiable; the king's go vernor having alfured them, that they have the fame power ove r their members, which the houfe of commons have over theirs; and ali fpeakers here praying, nd the governor granting the ufoal petitions of fpeakers, as in England." Sir Thomas Lynch, about the fame time, being called u pon to give an account of the go vernment of Jamaica, argues thus; If the king's commiffions have appointed afiemblies, and if they have been appointed in all the colonies from their firft eftablihment, as a government the moft juft, and like this of England; then they hope, that they "' alone, of ali the colonies, fhall not b~ retrenched in any of the '' privileges natural to fuch afiemblies." And, upon the aforefaid defign relative to the paffing of their laws according to the Irih model, he offers it as bis opinion, that, it was pofiible, the council V ot l. D might

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18 J A M A I C A. might join with the govemor to order thofe laws to be continued; '' but, he veril y believed, they would not continue the revenue bil!, for that they thought peculiar to the alfemb!y." In Sir Thomas Lynch's hte of Jamaica, which h e tranfmitted to England in 16&3, \vhen he was placed the third time at the head of govem ment, and after its re-el:ablibment, he aflerts, that all the me ,, thods and proceedings of the affembly were conformable to thofe of the Englih parliament, as much as fo little a body may be to fo great a one." And, in another account, he adds thus: '' The king, by his charter of government, as comm if.o?er, has confti tuted afiemblies, that are umbrce of an Englih parliament." N ei ther were fuch concefons inconfil:ent with the ancient, nor the modern, conl:itutions of colonies ; for, as Grotius obferves, the Crecan colonies, which conl:ituted particular commonwealths, were to enj o y equal privileges and liberties with their mother cities. And thofe that were afterwards planted by the Romans were mo dels of that republic, notwithl:anding they kept them in fubjel:ion and dependence: to which example all the nations in Europe have, in general, ever fince refpel:ively adhered. From the whole, there fore, it is very apparent by what rule the afiemblies of Jamaica were at firl:: conl:ituted, and afterwards direl:ed. And, iince neither the l:anding rules of tbofe af:mblies, nor the privileges they enjoyed, were ever difal]owed at home, or oppofed abroad, during the reign "Of Charles II. except as has been related; it was manifeft u pon what foundation they ftood. And it is fubmitted, whether any frame of gover~ment lefs perfed, or lefs acceptable to the inhabitants, could have fupported them under thofe terrible cafamities to which they have been expofed; or h a ve enabled them to fufiain the loffes and darnages they have fuffered, and to furmount thofe difliculties under which thcy have long laboured.-A few obfervations neceffarily oc cur on the fo r eg oing Chronicle [ d]. That the o r :gi nal foundation of government in this ifland was planned on the grounds of affimilation to that of the mother coun try, by introducing a legiflature, and by forming courts of jul:ice, and every other civil el:ab1illment in general, agreeab e to the model [ dJ Drawn up by Sir W. Beei1:on, and quotedin" Privileges of Jamaica vindicated ;" a pamphlet, of

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BOOK l. CH A P. I. of the mother fiate; leaving it to time, and the progrefs of fettle rnent, to render the fame more exaa and perfet refemblances. That, under this mode of el:ablhed government, the inhabi tants were eafy and content, the co1ony grew poptilous, and conti nued to flourih; until the minil:ry attempted a total innovation in their legiflature, which aimed at taking away from the common people their deliberative hare in the framing of thofe laws, by which their lives, liberties, a nd properties, were to be bound. The flame, which this indifcreet meafure kindkd, in this infant and as yet unfetted colon y, gave an i mmediate check to its growth, and had well nigh confumed it to tbe very root. And, although this difpute with Lord Carlile was terminated at 1ength to the fatisfac tion of the inhabitants; yet, during the contel: (I hall affir'm upon the faith of other manufcripts, equally authentic), a very great number of planters, and new fettlers, defertcd the ifland, and fought refoge in other coloies ; induced by a very na tural and jul: apprehenfiop, that, if the fo]emn p romifes held out to them in the king's proclamation, brought over by Lord Windfor, and the uni-. form afurances of a1l their governors, were thus infringed, at the pleafure of the prince, in one eflentia] point, they could hope for no fecurity againl: fubfequenf violations of them in every other. From a dil:rul, therefore, of tbe machinations of government to wards their iland, they feared to continue any longer in a country, to which the profpet of enjoying an Englil1 conl:itution had in vited them, but where they began to find they were like1y to have no fufficient fafeguard againl: an arbitrary form.-It would have been more confilent with the honour of the fovereignJ to have taken the fenfe of his judges on the retitude of the meai..ire, ra ther previous to its being adopted, than after. But the court chofe rather to make the experiment firfl:, and then to confider its 1ega1ity. The advifers of fo unjufi and indefenfible an outrage ought mol: defervedly to have fallen under the vengeance of parliament; but it pafed unno t iced. The ruinous condition of this colony, far fome time afterwards, demonftrated the wretched policy, as well as the bafe perfidy, of attempting fuch a change. The writer has mentioned, that, after this fatal epoch, the inhabitams of his time continued in the uninterrupted pofeilion of their anci.:nt el:ablihD 2 ment.

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J A M A I C A. ment. But innovations have neverthelefs been attempted fince thofe d a ys. Within the ptefent century, a minil:erial projel was Jbrted, for compelling the people of this iland, by the power of p rerogative, to pay the four and ha!f per cent. amrnal duty on their produce, to th~ crown, according to the ufage of Barbadoes a-nd the other ilands. But the folicitor-general (Mr. Lechmere, if I 1nil:ake not;, being confulted hereupon, afured the minil:er, that foch an attempt would be no lefs than high treafon. And under the terror of ths opinion the fcheme was dropped. Attempts have been alfo made, and frequently renewed, to prevail on the afiembly to pafs their bi11s with a claufe fofpending their operation until the king's pleafure relative to them hould be kno\Yll ; but this with an exception of 1noney bilis: an exception, w hich immediately be. trays the cloven foot; for, no doubt, bills for levying money on the fobjetl: mul: be always fuppofed fre of error, and perfetl:ly unex ceptionable; but a bill of more public utility would probably meet with many obl:acles, unlefs purchafed for a valuable cot1ideration; like the claufe in the revenue bill before-mentioned. The ad mitting a fofpending power of this kind would at once preclude us from all temporary provifi.ons (money bills excepted), even the mol: necefary and beneficia!. It is, in hort, the old fiory of Poyning's law ne\v-drefi.ed. Mol: minil:ers, who endeavour to force innovations of this nature upon a colony, are unfortunate1y fo little acquainted with its internal policy, that they do not, in deecl cannot, ee the objeB:ions againl: them, arifing from that very policy, mol: of which are infoperable. Huma n wifdom is fo limited, that laws are ~1ever made perfel at firfi : time, and long experience, dete their mil:akes in fome points ; their inefficacy in ot;,hers. When a legilature is efiablithed in a commercial colon y, not half peopled, and where a fpecies of flavery has been ad, rnitted, new objel:s, 1)W incidents, are daily arifing, to call for new legilative regulations. Our difiance from the mother country is fo great, that matters, which require an infiant app1ication of legal expedients, would become irremediabk: evils ; ~nd the colony would be expofed to th e heaviel: oppreffiC?ns, itnd mol: fatal cala mites, before his majel:y~s pleafure, conce_rning our ats of af fembly, could poffibly be known ;: oftentirnes ; before thQfe atl:s could

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B O O K l. C fl A P. I. 2l could perforrn half their voyage to Great-Britain. Our cafe would be very diiferent, if, like Jerfey or Gueynfey, we were almofr i n, the neighbou rhood of vVbitehall. Any perfon, tlrnt h,111 iup e l: the minutes of our afembf y, and perufe only the title:s of thofe al:s which they annually frame, alter, or amend, will be cou vinced, that our claim of legila t ion, .according to the prefent mode is groundecl in reafon, jul: policy, and the neceffity of the cafe; and that to pafs them with a Jufpending clallje would be highly pi:r~ uic ious to the colony. The greater part of them are merely local, or provincial; fome calculated far only temporary ends; others to take eifel as probationary, and to be refcinded again, or gradually enlarged and amended, according as experience may determine their good or evil operation for the purpofes intended. I !hall beg leav e to enumerate a fmall number of the heads, in order to jul:ify thefe remarks, viz. ats" for the better order and government of flaves ;'''' for preventing the inveigling of flaves from their owners, and the tranfportation of them from the iand by mort"' gagees, and tenants for lifo or years ;"-" for preventing th e prat:ice of Obeah, aud the firing of houfes and cancpieces ;''" for regulating buildings, wheel-carriages of burthen, highways; tolls, turnpikes, prices of meat, markets, and fiheries ;"-" foi" removing occaonal nuifances from towns, harbours, roads, and u rivers ;"for encouraging fettlers, regulating free Negroes, Mu" lattoes, and Negroe towns, fale of Negroes on writ, execution of levies, elel:ions, courts~ lawyers, and collet:ing conl:ables, Mi" litia, martial law, and articles of war ;"-" fales of certain goods by weight, and not by invoice ;"~, droguers, or coal:ing vef" fels ;" "tranfrribing decayed records and making them legal evidence ;"'' appointing comm iffioners of forts and fortifica'' tions;"-preferving the publi.c papers and rec-ords ;~'-giving free,, dom to flaves, in reward of public fervices ;"-and various other provifions, a11 incidental to the colony and calculat-ed for the relief or benfit of its inhabitants; who, it cannot be denied, are in genef'l'al the hefr judg-es of the evi1s they feel, and their proper remedies: and, if fome of their als have been deficient in l:yle and compofion, or have failed of due fuccefs upon the firl: -tria 1, l:ill it hould eem, t,hat thefe arenot fofficient reafons for the abo. lition ',!

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22 J A M A I C A. lition of the'ir legilative rights, or depriving the inhabitants, by fofpenfion of two or three years, of beneficial provifions, framed to fecure their lives and properties, which, in various cafes, might require fuch jmmediate protetion, and where delay would be death or ruin.-In all fiates it is bel:, that evil pralices hould be nipped in the bud ; the detelion of them ought inl:antly to be accompa nied with a fuitable remedy. The invention of fome men is ever on the l:retch, to find out fome new modifications of criminal pur fuits : and hence arife thofe frequent fophifiical evafions of penal laws; and the reiterated exertion of legiflature to l:op up every hole, that the moft wily tranfgrefors may not efr:ape. Yet, as it is im poffible to advert to every contingent circumfiance; fo the genius of man invents new evils, which require new and tim e ]y remedies. The maxim of our confritution is, ubi damnum, ibi remedium This hould be a lefion to every legiflature; not only that the evil and remedy hould be confiantly found together, but that the former hould no fooner be difcovered than repreffed by the latter. But, if a legilature has power only to enat laws, to be of effet at a future, dil:ant period of time; their provifions will operate, until that time, only as notices to bad men, to employ every moment of the in ter.val in reaping a full and plentiful harvel:. It is not many years ago, that a rnortgagee found means to get pofiefon, upon his debtor's deceafe, of all his eftate, and hipped off the iland and fold all his Negroes, whofe value was of treble the amount of his demand. He alfo conveyed himfelf away foon afterwards, to the great lofs of the other creditors and heir at law. Had this man laid in the ihnd, here w::is no law upon which he rnight be tried and punihed. \Vhat then would have been the confequece, if our legiflature had laboured under a difab i lity of yroviding a re medy? Every other mortgagee in poffefon throughout the iland might bave adopted this iniquitous example with impunity, :.rnd fet our courts of jul:ice at defi.ance for feveral years, or until the pre ventative law fould have becn c o nfirmcd by the crown, and Fub liilied in the ifLrnd. A multitude of caf e s might be propofed "'to monl:rate the abfurdity aud evil ten d ency of fufpending claufes. Every colony-man is fully fenble of this ; nor vvill any, but the mol: profligate and ill-intentioned, ever give them th e fmallel: 6 countenance.

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BOOK I. CHAP. I. 2 3 counte:,nance. The minil:ry, I am perfuaded, would ceafe to con tend for them, if they were better informed, and made to fee their mifchief in its fu11 latitude. Sorne of the ablel writ e rs have con firlered the dij);eefzng power, formerly exercifed by the crown, as amounting to a foll legilative authority. Of the two, a J;peefin g is, doubtld:~, of more pernicious confequence to the public welfare than a fi~fpending power. It is more fatal for the fovereign to break: at pleafure the el:abliilied laws, which are the main rel:raints upon bis defpotifm, than at pleafure to hinder any from being el:ablifed. This, however, mul: be taken in a relative fenfe, and according to the circuml:ances of any particular l:ate: for, in a ftate as yet un .. provided with fofficient laws for controuling the regal will, thc power of (u fpending would, at ali times; l:rive to prevent any new controuling laws from taking effet. 'Thefe two powers, tho n gh tending in the main to an i.Tue fomewhat different, may yet b e pro dutive of one effet common to both ; name l y, that of enabling the fovereign to abforb the whole legilative authority into himfclf; fince a power of fufpending durante bene placito implies a power of taking off tbe fufpenfion, and giving vitality to any Iaw upan fuch conditions only as he may pleafe to impofe or exa.t. Thus the a[ .. fembly could never be fecure o-f permiffion to obtain any new law~ except with a tack of perhaps very unpleafant conditions, entire1y foreign to their inclination and intereft. In this cafe the fovereign might proceed to extrcife a full legiflative authority, by framing, as well as enating, the efential parts of a law; or might annihilate the legilative authority of the people at pleafure, by rendering all their ats non-effcl:ive; or be might afient to them only upon Juch terms as hould wholly deflroy their legiflative independency. The difiintion between thefe two exorbitances feems to be, that, as tbe dijpe1!Jing power enables the fovereign to free himfelf from all obli. gation of the laws to which he has folemnly afented; fo the Ji.1pending power enables him to ditqudify the popular reprefentatives from pofieffing any !hare of l e gifl at ion, except in laying burthens upon the i r contituents; 1eavi n 6 them, in ihort, no other power, than the power of oppr(/ji'ng the fubjed under the colour of law. Another attempt ha s more recentJy been made, to den y the afembly their accufiomed privi le ge of freedom from arrels pending the f::f ... fion

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J A M A I C A, fion of their houfe; the right of taking in cul:ody, by their fpeaker 1 s warrant, conttlniacious perfons, according to cul:om of parliament ; and, thirdly, to fubjel: fuch commitments to the abfolute controul of the governor as chancellor; reducing them, by this means, to an inferiority of jurifdition to all thoie courts which are necefarily conl:ituted amenable to the affembly; and difarming them of ali power to enquire into the illegal proceedings of the chancery and other courts; or to procure, for injured and opprefed fubjets, that redrefs which they could no otherwife hope to obtain. But from thefe extraordinary attacks of defpotifm, as well as from an endea vour to wrel:, out of the hands of the people, their ~ight of raifing, appropriating, and examining into the expenditure of, their own monies, notwithfianding every art of wheedling and intimidation have been ufed, they have been hitherto hielded by the lauda ble fpirit and virtue of their reprefeutatives: nor will thefe, nor other evil defigns, be attended with any thing but reproach and difgrace to the projetors and abettors of them, fo long as the afiembly hall be compofed of honel:, fi:eady men; who know, that, however much the conceffion of fuch rights may be pleafing to the governor, ar minifier of the day, it cannot fail, in rhe end, of defolating thiS' colony. Whatever a governor, or other minifier, may think, orbe told, the moft valuable men, and bel: fupporters of it ( who are the honel: and indufirious), will eafily remove to other countries, per haps to a worfe government, even in the French ilands, where men, bringing their families and effell:s, would be well received, rather than continue where they are not fuffered to enjoy an Englifh go vernment. An unfett1ed mode of governing, and the apparition of freedom without the fubl:ance, will make every thinking indepen dent Briton rather prefer a fettled, abfolute form of el:abJihment_. than fuch a fleeting, painted hadow. The uncertain ten u re of the largel: property, under a government which is ever mutable, and whoe limits are not marked by the plain lines of known laws and equitable fantions, will incline ali reafonable perfons rather to feek an afylum, where they may be fre of holding a certain, though fmaller, benefit, where they already know, or think they know, the wor.l:, than remain in a fituation, where they are ever fo[picious of Jome confpiracy a_gainl: their welfare, and retain only the found, not -the

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B O O K I. C H A P. I. the reaJity, of a birth-right. It is much to be regretted, that the people of the colonies hould not be ldi: undil:urbed in the po:. feffion of thofe few liberties their progenitors dearly earned, ancl which are abfolutely necefary for them ; aml that they hould ne,t be rather amplified than abridgecl. But hil:ory evinces, that, in all ages, there has been one fet of perfons uniting its efforts to euflave mankind; and another fet, to oppofe fuch attempts, and vindicate the caufo of freedom. Tbe accidental circuml:ances of men may, perhaps, occ~fion this differeuce : the rich are the natural enemies of the poor; and the poor, of the rich ; like the ingredients of a boiling cauldron, they feem to be in perpetua! warfare, and firuEgle which hall be uppermol: : yet, if both parties could compofo themfelves, the fceces \vould remain peaceably at the bottom; aml all the other particles range themfclves in different l:rata, accord ing to ~heir quality, the mofi refined floating always at top. lt i:; the myl:erious flame, the j,1cer ignis of prerogative, which caufe~ the ebullition, and raifes that ferment which goes under thc fiigma of popular fac:l:ion: by which mean s it not ieldom happens (as I bave fomewhere read), .that the dregs, by degrees, attain to tbe top, and there fettle tbemfelves. In a colony, which, by the nature of things, can flourih 110 longer than whill its inhabitants are at peace with each other, and employed in the avocations of indufiry; nothing forely can be more impolitic, and ba11eful to the motber irate, than to introduce party feuds. The contagian of this pefii lence reaches fat and wide ; none efcape it ; even our very Negroes turn politicians. \Vaf1e of time, obl:rutl:ion to all profitable bu finefs, are the leal: hurtfol confequences. Fortunes have heen con fumed here, whole families ruined, by oppofion ; and many ho nel: creditors defeated of their due (perhaps rurncd alfo), by nu merous infol vencies. The father has been ernbittered agai nH: the fon, the fon againl: the father; the warmel:: friencls hav-e been converted into implcicable enemies; and rnany have defrendecl into their graves without reconciliation or forgiveneis. Such are the de plorable effets of kindling party,-rage in frnall com munities ; nd more particularly in thofe parts of the world, whcre the nature of the climate tends to exafperate men's paffions, and is ever adding fuel to the fire. That mi1;il:er Df ftate., o.r governor, will deferve bel: VoL. I. E of

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, r 2.6 J A M A I C A. of his country, who labours mol: to preferve the colonifis in peace and unanimity; and to hold their minds direl:ed to a l:eddy courfe of indul:ry, fo beneficia! to Great-Britain ; granting them ali due protetion, and every other jl: encouragement and favour that a reafonable people can require, or a patriotic miniler bel:ow. C H A P. II. S E C T. I. Of the Governo r T HE governor is reprefentative of the king in al: s of lc g ih ture; generaliffimo of all the military force s ; vice-admira l for confervation of the rights of Flotzam, J etfon, &c. ; and pre fident on trials for piracy, under theflat. Gul. tert.; chancellor, and keeper of the great feal, of the iland; judge of probate of wills, and granting adminil:rations in the ecclefial:ical court ; judge of appeal in the court of errors. He is l:iled, governor of Jamaica, and of the territories thereon depe11ding in America." By thefe territories are fuppofed to be meant the three Caymana iflands, fi tuated a few leagues W el:ward of Jamaica ; the logwood creek at Honduras; Campeache bay; and the country of the Mofquito ln dians; who, having man y years fin ce fubmitted voluntarily to the crown of Great-Britain, and ad1nitted feveral Britih fubje l: s to cnjoy very large tral:s of land among them, may jul:ly no w be deemed adopted fubjel:s of the empire, and merit our encourag rnent, not only for their long and faithfol attachment to us, but for their annual confumption of Britih manufarures, by no me a ns inconfiderable ; for which they pay us in valuab1e produl: io n s of the Continent. But to return to the governor. He is a vicero y ; a legiflator ; a general ; a judge in equity and law, in eccl e fia l:ic al and in maritime aff. s ; a comb i nation of offices, which a t fi r l: view, feem to require fuch an accomplihed education, foc h a com prehenfive pmver of geuius, judgemcnt, memory, and exp c rience, as

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BOOK I. CH A P. II. 27 as are almol: inconGl:ent with the limited period of mortal ex ifrence, or with the common faculties of the human mind. What then are we to expet from thofe governors, whofe educ~tion ancl profeffion have tended more to mifiead, than inl:ruB: them in the knowledge of thefe fo very diffimilar funB:ions, and who cannot be foppofed to know what has never been any part either of their ftudy or purfuit ? W ould not a Chinefe philofopher, if he was to be told of thefe various employments thus centred in one man, necefarily conclude, the firfi and ablefi geniufes were feleted from the whole nation, to undertake and execute a fyfiem of duty fo complicated ? But what muft be bis amazement, to be jnformed, that, in general, their qualifications have been neither enquired inro, nor regaided, in the appointment ? From the commander of a brigade of foot, a gentleman is metamorphofed, on a fudden, into a grave judge of eourts, to difrufs cafes in equity, folve knotty poii~ts of law, or expound the dolrine of lafi wills, devife, and inheri tance. What is to be expeB:ed from fuch judges? May they not either commit grofs abfurdities from ignorance, make arbitrary de cifions from avaritious or tyrann ical principles, be remifs and dila tory from a fcrupulous fear of doing wrong, or, confcious of their own weaknefs, rel: themfelves on the private opinion of fome felfh retainer to the law, who has cunning enough to tun1 this abfolute controul over a governor'::; judgement to his own lucre in the cm.1rfe of pratice? I have heard of a clony-chancellor, who ufed to throiv the dice, in arder to determine which way he hould decree: the highel throw went in favour of complainant; the lowet, for defendant. Someti1nes (the ory fuys) his decrees were confirmed: but whether he was right once in five times, or oftener, I mul: leav e to the enquiry of thofe who are learued in the calculation of chances~ I have been told of another, who, after the ca u fe ( w hich .repeled a certain title-deed then given in evidence) was finihed, found himfelf exceedingly puzzled with thc argumeuts of counfel <011 both fides. But at length, happily 9ifceming the gil, and de1iveng his opinion, that, if it were not for that fome
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28 J A M A I C A. the bone of contention ; and upon this maxim, ceffante cazifd, cef!at dfelus. I have been i11formed of another, who, after hearing a caufe in chancery, defcended fo low as to afk a l:upid, drunken fo licitor, one day afrer dinner, a11d over the bottle, how he thought the decree ought to pafs, for thar, as to himfclf, he ,vas d-mn--bly at a lofs wh .tt to determine." I havc heard of ano ther, who refofed a civil officer the habeas corpus, and caufed him to be Jaid in gaol, ;md confined ]ike a felon for a long time in irons, for no other offenre, but bccaufe the officer \vould not afl: him in making '!alfe returns of a!Tembly membcrs. Thc farnc chancellor held a difputatio.n from the bench with a folicitor of his court ; and threatenecl to imprifon himfor lije, becaufc he hacl taken notes of fome e~prefons that had droppcd from the chancellor at the h c ar_ ing, which the chancellor denied having fpokc11, although cvery one prefent afmed him that he had uttered tbem; and, to compleat alJ, he committed the folicitor to prifon, for this high contempt qj th court. The fame chancellor is more than fufpeB:ed of having caufed a fuit to be inlituted againl: a gentleman of fortune, w ho had oppofe
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B O O K I. C 1-I A P. II. our govcrnors have been ingenuous enough to confefs, tbat there was no part of their duty v, hich they difliked fo mucb, and under l:ood fo little, as that of detern1ining caufes in the courts of chan cery, and ordinary. No vvonder, thcn, jf they ::re frequently be wildered in a maze of doubt and unccrtainty; liable to great errors, if they rely on their owu opi n ion (which, bowcvcr, is the m o fr con fcientious mode of deciding); and to partial ties and injuf'tice, if they fuffer their judgement to be influenced and pcrvertcd, by ng advice of venal, crafty perfons, \Yho will b e more likely to con fult the fattening their own pmfe, th rn prc[erving the governoi:'s characcer from blemih. B~fid e s, .fom e of this m t rccnary larnp are apt to value themfelves on beiug th o ught intimate confidents of a governor; lke thofe ,coxcombs~ who wi to appear in the hei g ht of favour with womcn of rank, beautv, and virtue, and thus brine-, L fometimes, an unmerited flr u pon their rept1tation. As a rem e dy, for this, .'/\ e may fuppofe the office of ch. ncellor to be he]d a11d ex ercifed by a difnl perfon or perfons: for examp1e; by one, or more old barrilers, w ho bave prat.ifed at the b..-:r a certain number of ycars ((ourtecn at the leal), of known go od ability, modera-te fortunes, and re[pel:able charaters; who (hould havc a falary, to be paid by the iland, over and. above thc cul:omri.ry fees, and fhould every year bold four courts, at lated times, for motions and. pctitions, and four Jor hearings. Nothing is more trne, than that tbe procrafnation of julice is as grievous as a denial of it. The tardy proce[s of the chanc-ery c o urt is the principal caufe of its being made (with us) a fantuary for knaves, and malcious litigants. The eafy and honel: method of giving rclief in this cafe is, by frequent fittings; _thus counterating the '1.ns inertice of proc e [s by the great energy with which it is urged forward .. This is one means o f preventing vexatious foits: another is, by rendtring thc infiituti o n of frivolous fuits a matter of more Lrious concern than it is o rdinarilv conidered 'Tliis is to .. be effeted by enhancinP-" the exu pe nce, and making it ultimately fall upon the p a rty in tbe 'LVrong in a l] adverfary fuit.s; and tbis will be no inequitable tax upon liis wilful ob!hnacy. For inl-an.cc; a tax might be laid aft e r this ma nner: 0.11

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J A M A I C A. [, s. On every biH filed, 2 o except informd pauperis. On every anf wer, -On every interlocutory decree, On every attachment, Attachment, with proclamation, Commiffion of rebellion, 2 o 2 10 I O 1 10 5 o Commiffion to examine witnefe"'s, 2 o Final dec.ree, ---5 b Motions and petitions, each -o 5 The produce of this tax ( which hould be reccive d b y te re g il-er, and by him accounted for, and paid over once a mo nth to the re ceiver-general, deduai ng a fee of ix pence in the pound for his trouble) might be applied towards defraying the chancellor's fa ary; which officer hould be removeable by the governor by advice of his counci], or by his majel:y in counci1, upon due proof and con vition of mifdemeanor in office. The governor to be a1lowed 50/. per annum by the iland, in addition to his falary, for the lofs of bis ufual profits of this office. The judge of probate of wills, and ; granting adminifirations, tould alfo be a dil:inl: perfon, a man of fortune futlicient to fet him above corruption, qualified by education for this office, and fatisfied to tranfal: it for thc cul:omary fees and emoluments, which, I believe, do not exceed 100/. per annum, in cluding the feal-fees on every dedimus. This fee is 2/. 7s. 6d. which might lill be paid to the governor: but, if it hould appear, u pon fair inquiry., that the remaining fees (hould come {hort of 100/. furely, this appointment would not fa11 very heavy on the public, in befiow ing fuch an annua) falary. Perhaps, no perfon is better qualified for this duty tban a fenfible clergyman. Our governors bave ufually given the retory of Spanih town to a man of good charater and ability. The fpend and furplice-fees of this living are a very fuf ficient provifion to keep the incumbent above meannefs and venality: befideE, he is refident where the court of ordinary has been ufually held; and the public would havc a firm fecurity for bis faithful dif charge of the ornee, if he was to be declared, by law, to incur for feiture of his l:ipend, upon being lega1ly found guilty of mal-prac tic e and corruption in the cffice of ordinary. The addition of 100/. a year to the rcl:or's income might be a defirable objel to him, who ha s

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BOOK I. CH A P. II. has fo many leifure hours to fpare; and, perhaps, t might not be qu all y fo eligible, or fo proper in a11 refpets, far mofi others. The g-overnor's jnrifdition, as chance1lor and ordinary, bring, in the cour[e of a few years, the greatefi hare of this country's property to his determination; which furnihes another obvious argument. S E C T. II. Governor's Salaty. ORIGINAL L Y, governors were paid by the king out of his civil lifi. By degrees, as the colonies grew richer and more popu lous, they gave prefents or donations to fuch governors as merited well or had. art enough to cajole thern into good humour. The crown at leng th fearing, that, if governors were left at liberty to take whatever \Va s giv e n by the people, they might accept bribes, and relax in th eir care of prerogative, with a view to p leaie their benefaB:ors, forbade them to accept of any gratuity, unlefs fettled upon them by a law,.. on their entrance into adminilration, to con ti n ue during the. term of it. When a perpetua! revena(? was el:a blihed in Jamaica, the governor's fa1ary was fixed at 2500!. currency per anmrm, and charged u pon that fund. The inhab.itants. hav e fin ce that time, ufually made an augmentation to it of 2 500 l .. more. Our governor, for the time being, has likewife a farm l:ocked with cattle and heep, ami a mountain fettlement for provifions, with a comfortable houfe upon it; both at a fmaU dil:ance from the foat of government. His emoluments altogether are computed, one year with another, at a certain 5000 l. l:erling per annum, .in time of peace: but thcy exceed this in time of war; tbe granting letters of marque, and commiilioning cartels, or flags of ti"uce, being no in. cnderable perquites. In the hands of fome gentlemen, whofe vigilance notbing could efcape, it has been raifed to much more, by the fale of efcheats, retories, and a11 other appointments, which ) happened to fall vacant during their adminihation. Some have praltifed this; and others defccnded to vay culpable meanneffes, till tbey c o ntrivcd to makc the profits double what I have men~ tioned : for tl1ere are between fifty and fixty offices of profit in this ilai:id~

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32 J A M A I e A. iland, without includiug bcnefices; fome of which :frc in the go vernor's abfolute grant by \\'arrant; ancl of the rem:1iuder he has the appointment, pro tempore, upon accidental vacancies by de:1th, fofpcn l 1on, or oth e rwifr. A governor, not of r:1pacious difpofiti0n, might unquefii o nably fopport the diguity of his l:ation in cvery ne cdfary point, live with elegance, and lay up 3000/. ficrling per annurn. Thc colonie:5 are remarkab!e for haviug always hewn a fpirit of liberality towa1"ds their governors; which rarely met vvith a gratefol rcturn. The inhabitants of Barbadoes were dra\\ 11 in to grant to the crO\vn four and half per cent. on their iland produce rmnually; wh;ch, thcy werc afored, c ulcl be l:rilly appli e d to all thc conting e nccs and exigences of their gorernment. So far was it, ~ 110wever, from ferving thefo purpofos, that it becarne only a prefent frorn the crown to worthlefs favourites ; and the people hacl the mortification to find, that not a hill ing of )t ,vas expended on .the ufos for which it bad been grantecl. The people of Jamaica, profiting by example, refiHed, and ecaped the tax Although fo cu red from this irnpofition, they have neverthelefa exceeded the pro xifiou, made in their revenue law, by a bilJ, whiLh i s paffed at the .acceilion of every new govcrnor, as I harc already mentioned. This addition they me~m as an inducement to their govemor to treat thcm well. A governor confidcrs it in a different light; for, this at: of libcrality being confirmed and firengthened in a courfe of feveral years, he regards it as much a matter of right belongng to J1im, as what is called the king's falary, which is paid out of the ifbnd revenue. lt muil: be mvned, he is exceilively civil and com J)laifant at fir!t: fettin,G out; but, the bill being once pafied ,vhich fottles the annuity upon birn during his government, he feems to retain very little fonfc of obligation. He ans like a groom, who coaxes and c;-ireles the l:ced that enjoys freedom in the pal:ure, tmtil the bridle is fixed in its rnouth, and, then v~1ulting on its back, whips, kicks, and ~ lHS it on through thick ancl thin, without merey. The people, it mul: be allowed, have hewn fome pru dence in granting this falary only cluring the govemor's al:ual refi dencc in tbc iland; by ,vhich precaution, no perfon appointed to the pol: c : m cnj o y thefo fruits of it without coming to reGde here, and not an hour after ql1ttiug the i!land. Tbe people have, now and then

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B O O K I. C l-t A l> ll. then, cleterrriined to break through this hong hold of cul:om, and pas an annual hill : but this could nnly be effel:ed with a new go .. 'Vernor; a'nd fuch a man having .generalJy (as a ftranger) many friends, and no enemies, the afiembly have relented, from a genero fity and good-nature peculiar to them, and from an unwillingnef s to greet a gentleman of rank, on bis firft arrival among them, in a manner that might feem difobliging, and to carry the appearance of a punihment infliled upon him fot the fins of his predecefiors in office. It had been better, perhaps, if, like the people of Ne
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34 J A M A : C A; more than one of that famly. I muft, therefore, exhort my ge""' x,erous countrymen to draw thdr purfe.firings wi'th difcretin, and never lofe tJght of the beacons held out to view in their fi.11:er co lonies, as well as in their own. It is more natural to foppofe, that a man, who has himfelf an interel: in a country, hould be more concerned for tbe good government of it, than one who looks upan it as a ternporary dwelling f f], whither he has proGured himfelt: to b e fent, to bnild a fortm1e from thc grmrnd, or patch up one that i,s wearing into a fiate of decay. The people of Barbadoes, in the year 166_~, by the perfoafion, it is thought, of tord Willoughby their governor, paifed that fatal law before noticed, granting to the ; orown four and half per cent. u pon all dead. commodities of the growth or pr.oduce of. their ilarid, fhipped off the fame.'_' This was in tended, "formaintaining the honour and dignity of go. vernment there, the charges of the meeting-of the feilions-houfe, '~ the attend : mce of the cauncil, reparation of forts, building a feilions ,~ houfe and prifon, fubfl:ng the regular troops, the governot's fa lary, and all other public charges and contingences incumbent on government ." Not one of which articles was in the leafi corri plied with ; but, on the contrary, the in:habitants were obliged, by other tax~s, to defray all the charges of their government: none of the money remained in Barbadoes, excep t with the colh::tors of the duty. Charles II. in whfe reign this; grant was made, Jaid claim to tbe whole for the fupply of his privy-purfe, and dihibuted it away in penfions; fo that the ifland received no benefit -whatever froni it. The people made fome attempts, particularly in 167 5, whei1 their country was alrnol: defolated by a terrible hmricane, to get this law repealed; and petitioned for r this purpofe, but without effet; for the dodrine of rejunding never holds in thefo cafes. So far from giving any redrefs, an a1ditional duty was laid upon their fugar in the following reign ; which, though obtained in par1iamen-t: u pon the foith of the king's promife [g J, H that, if it proved grie ... vous to the plantations, it ihould be taken off," has been ever fince continued, in breach of the royal word, notwithfianding the [/] This is meant only of governors fo long as they may continue to be p~id and maintirn ; d by the colon y, and not by the cr-0wn. [g] King James II, .... e many

PAGE 45

BOOK I. CHAP. H. 35 many reprefentations of difirefs thereby ~ccafioned ; and, in fobfe queht reigos, it has been f we1Ied with freb augmentations. About the year 17 22, Mr. vVorey being appointed governor of the fame iland, the afiembly there fettled on him 6000 l. a year l:erling, for the fupport of bis government, by a tax far exceeding the ablity of the peo ple; no lefa than 2s. 6d. per head on Ne groes. This was over and above the ufual fees and per9.uif~s of otfice, which a1one would have been futficient for his perfonal an~ houl1old expences. lt was grarited from the hope, that it wonld induce him to obtain redrefs of ther grievances, and relore peace and tranqtdlity to th:e iland. The governor, how~ver, having Tecurely faftened this bur.:. then upon their ibou1ders, was fo void of all fentinent and grati tude, that he ex ercifed his aUthority over the people in the mol: bitrary 2nd unwarrantable mimier. T'his at lal: grew fo intolerable, that the ince;Jfed fufferers carne to an almol: gneral refolution not to pay the tax. I:-Iereupon : he applied for orders f ; om home fo, puttig the law in execution. The afembly petitine~ againl: ~irn, but in vain. T he in).hbitants paid, at that time, ro,ooo/. a ye2r to the unappropriated revenue; and 50,000/. a 1 ye:ar in cul:oms. They complained, the iand had bee1i fu far from reaping any advantag "from their indifcreet genemfity, that on the contrary, the publi ,, "gocd was entirely neglel:ed, and no meafores taken to redrefs their grievances; but his excellency and bis creatures had therby '' been better enabled, and more at leifure, to opprefs the inhabi ,, tants; the mili tia had been totally negleted; their fortifications fuffered to go to decay; the public fiores were embezzled; and '' ali perfons in office under nis e'xcellei1cy bufied in notbing but how to ra~fe fortunes from tbe ruins of the people: that, by this tax, aH the current cah of tbe iand was brought into bis ex ,, cellency's coff:.:rs; frade fiagnated; the value of the iland pro '' duce was lowered, to the val: damage 0f the difhefied inhabitants, w ho were forced to part with their g oods it any price, to rai(e ,< ; their quota of a tax, n ot only heavy in itfelt~ but doubly grievous ~' ii;i regard to the ill effe~s it had i.lpn trad~, and the mJrkets in '' tbe colon y.'' Such is t'he pit:6re xhibited; by : the reprefentatives, of' the wretched fiate to tvhic~ thei '. r co ntry was reduced by an ex .. cefa of confidence and bounty, lavihed owtheir bafe and worthlefs : F z governor-:

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,,. \ J A M A r e : A : _, governot. S't1ch was the vice-roy, feleted frnm a great kigdom ; and 1 fent to fleece ancl play the tyrant over the induhious planters of an abufed colon y Such was their fupreme legitltor, and command e r, iir dii;f.. The balhaw, who, hould be found guilty oL having perpetrated fuch iniquities in a Turkih province, would in.. fall i bly forfeit liis head, or perih' by the bow-l:ring. But our Engliili defpot was permitted to .fit clown quietly in the enjoyment of his p,lunder,. to laugh at 1 the eafy credulity, and mock the impotent rage, ., of an injured peopl. .. At the time when ---, this hero thought pro_pu to quit thc ilnd, and ., repait to Erigland, near 20, 000 J.; of this money w.as in arrear This he prefe.cuted, and ,, recovered to the uttermofl: farthfog The bad efH:cl:s of this enor.. mous .. and fatal grant : were the princip'1Ucaufe of the fieddinefs of the New-England ,afmbly, in opppfing the ftated fettlement ., of .; an annual : falary on I their governor, although ~ he was a native, and 1, therefore notHkely to mifufe the treafures that might be given him. They have iriflexibly_ perfiftd :in this wife refohition ever fince ; ._ and ,_ experience has not only. confirmed : them in the propriety of their ., condut, but .7 has alfo taughLthem this p~fion, that their deter.. mined j nflexibility has .fcirced their g~>Vernors thankfully to accept a falary according to .. the meafure and mode prefcribed by their a( .. femblyi t1nd notwithftandinK J any injlruiitms to the contrary ~ MiliJia Commi/fions. 'r i H E governor grants alr commiffions in the mintia iriilepen ... dern:tly _. of the council and afembly 1 and takes them away at difcre tion. lt' is, in part, by an improper exertion of ,this power, that the ; rnilitia of our : ifiand is much degfnerated from what iLantiently was The p9licy of it requires everyT man to enlifl:, who is : capable of ferving,; : and our militia laws havB enforced .,, this ,. maxim.. How in jqriQus, therefore, mul: t prove to the weifare of the iffod, and its fecurity, that men of fortune and ability haV'e : fo often been caprici oufiy fuperfeded 1 ., and caufelefsly dep~ived ofti}eir ;Commiffions, -. to regale

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B O O K l. CH A P. H. 37 regale the pailions and humours of fuch governors Few fuch men are now ambitious of ferving. Inl:ead of this, they haflen to be fuperfeded by the governor, that they may retire as r eformed of fiters, not being compellable to accept a commifon inferior in rank to what they have before held. Governors, having no in terel: in the fate of the country, nor caring what became of it after their prefent turn was ferved, have too frequently been addiRed to thefe abufes; promoting mean and unworthy perfons to c0mmiffions of rank, and arbitrarily removing gentlemen of the --_ moft refpell:able qual.ifications, to make way for them; Tbere is nothing of more confequence to the fafety of the iland, than to ke ep up a well .. difciplined and properly-officered militia, and to make this fe-rvice (whicll'is without pay) fo honourable, as to be c0vetecl by the moft bpu1ent i men in the iland. The way. to efrell: this is, to obtai.n the royal fantion to a .law which hall deprive the g9vernor of this petmicious power, .. and Jeave him the right of app9inting)v.ith advice and confent of bis cotmcil ; but in no cafe -to vet him with ,, authority to : brea~, o.r fo perfede, au officer, except : after : a regula r : fair tri al, convil:ion, and jUdgement, by a c o urt martial. '. If1 this reg ulation took pl,ace, no officer could be firipped : of his commiffion : without havi ng been guilty of fome mifdemeauor to deferve fucb difgrace ; ~ and governors would not be Jeft at .. wanton lib.er.ty to facrifice., to their private fpleen an.d p~tulance,: the : g~neraLg@od oLthe ilnd. It is greatly to be wihed, that bis maj~fiy would fo far relax his p~erogative in this necefary p9int, fince the : very being of his colon y feems to requ,ire it. i. The r te1ms of every man' s patent here pr:ovide, thatJie hall bear arms, and .. defend : the ilahd aga ~nl: all infrretions againl: his majefiy's govemment, aad : hofiile invafins of :foreign ,_ enemies. But what defence is to > be expe&ed,, o@ the one hancil Jrom a parceLof hired ferv:ants, who ; he.ve no intenet worth ,. contending ..for; and, 011.the other, from men : ; of reat p~op~r,ty., who, i by becoming reformed or : fuperfeded l officers, 1 are in a manner exduded from all ative fervice; and to.. taUy unpral:-ifed in th-e ufe of arms, -and kow ledge of ; military di:C, cipliue ? A new regu lation,of our militia feems to lxbmuch wanted ; ; but the firitefi 1 rules of. war will;be ineffeB:ual, while this exor bitant ~uthrity is fu:ffere.d to remiin. ,in the hands of a commapder r in chiet: SE C T- ... < '. (l:. l

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J A M A I C A. S E C T. lV. flrutlions. PRIVATE inl:rull:icns fiom the cro\vn to the governor are hcld to be rel:ritive, as laws, upon him and his privy council: thcy cannot be foch on thc people. Thcy may be confidered as the grand fOlirces that fecd the ferments and divifions betvveen gover nors and colonil:s, which have fo oftcn plunged a whole country into thc utmol: confofion, and dravvn thc in
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B o o K I. e H A P. n. 39 peop1e by fo1e governors; and, by others, they are retailed in piece-meal, only to hew, that their hands are tied up from doing what, perhaps, the colony exigences, and univerfal voice of the people, require. A man, armed with f e cret orders and inl:itutions, comes, like an afiaffin, with a dagger concealed bene2th his i;;loak; and his fmiling countenance is jufily regarded as a cover to fome villainous defign. Is it becoming the dignity and candour of Bri t ih government, to tolerare, no\v-a-days, this appear,rnce of perfidy and under-hand dealing ? lnform the people at once what is expele
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J A M A I C A. to at:s of opprefiion, and fuch unwarrantable meafures, as they know, or at lea believe, have a certain tendency to abridge them of thofe rights to which they lay claim in virtue of our excellent confiitution. It has been obferved by a writer, and very jul:ly, that, whenevcr any innovations are, by adminil:ration at home, intended to be made upon the el:ablihed conl:itution of our colonies, they naturally will begin with fome infignificant colony, and, from pre cedents of impotent colonies, proceed to impofe on the more rich and valuable ones. A recollel:ion of attempts of this nature, and the apprehenfion of lofing any part of their eftabliibed rights, render the colonies ever vigilant, jealous, and ready in oppofition to their governors, upan the firl: glimmering of fuch an intention to impofe upon them. It mul: be confefed, that adminifiration firft allured people to fettle in the colonies by every offer of favour and indul gence; yet has it afterwards been, at all times, too prone to. repent, as it were, of its generofity, and to endeavour to draw back again fome part of its firl: conceffions. The attempt, during the reign of Charles II. to impofe the lrih mode of legifiation upon this iland, is l:ill freh in their memory : not lefs fo are the many fubfequent endeavours to abridge their legilative freedom ; to fubl:itute the king's inl:rutions for laws of the ifiand ; to hold their al:s of af ,fembly in fufpenfe, until the pleafure of the crown hould be known; to raife money by governor and council, without the concurrence of the people's reprefentatives; and other enormities of the like nature. : Befides, not a few needy minil:erial dependents have been huffied in to this government, merely to enable them to replenih their empty bags by meannefs and oppreffion; fome of whom. being far .inferior in fortune, education, and ability, to many gentlemen in the ifiand, have jul:ly become the objel:s of their contempt, if not ab horrence. The gentlemen of this iland regard a governor in no other light than as their fel/o,z.v-fubjel. If he acquits himfelf with honour, good :fenfe, and propriety, in his office, they refpet and .el:eem him accordingl y; but, as they are for their own parts honeft, undefigning, frank, and munificent in their difpoitions ; it is very natural for them to defpife a perfon invel:ed with this high office, who fullies it with the haughtinefa, bafenefs, penury, and rapacity, of his temper and ations. lf a governor--, fancyiqg him.felf on board i-man

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B O O K I. CH A P. I. a man of war, will take upon him, in a fit of wrath, to lay men in irons in a common gaol, to laugh at the habeas corpus, a nd at. tempt innovations in government of the mol: dangerous tendency ; ougt he not to be reil:ed? If another, qualified by preeminent abilities for govern ing with honour, finks unhappily beneath tl1e influence of an avarice which neither a fenfe of duty to the nation,, no r regard to bis office and charal:er, can rel:rain ; prol:itutes all for money; and not only pral:ifes himfelf, but encourages in fub ordinate departments, the mol: pitiful exal:ions; if, fullying every virtue of bis heart with difingenuity in his prof e ilions, rapacity and defpotifm in bis a:tions, he l:abs the tra d e of the colouy,, fets the inhabitants at varan-ce with each other, impairs the public credit, degrades the dignity, and abufes the duty and power of hi s ttul:; can it excite wonder, if fuch a ruler hould be oppofed by a11, except that mol: fervile and abandoned herd which is endued with the like fordid pafons, and al:uated by the fame views, a s himfelf? Our misfortune is, that the people at home are iuforme 'tl of the exil:ence of thefe difputes and ddgul:s, without knowing ; t:he true and genuine fprings of them. Wben th e y hear the inh a bitants blamed, tbe governor e xtoll e d, they hould referve their de termination until they can learn the whole merit of the cafe o n botl?, fides; for they would then find, that, nine times in ten, th e people are in the r i ght, the i r governor great1y culpable. Ats of arbi trary power, and other mifdemeanors in oince, which frequently involv e a whole colony in difcord, mul: ever be attended ultimately with confequences difagreeable to all perfons in Great-Britain who are e;onneled with it in commercial tranfal:ions Such perfons : rarel:r look forther, than to fee that the confignments arrive in their hands regularly ad punlually. They chufe not to have the fober walk of trade intcrrupted with the cabals and politics of a : colony : : they judge thefe to be incompatible (as in
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J A M A I C A. ever the inhabitants are deprived of thofe necefary benefits, pro tel:ion and encouragements, which chi.efl.y render their fettlements eligible, the colony vigorous: for fuch were the true and original foundations upon which the colonil:s were firl: induced to exhaul: their purfes, and almol: their lives, in thefe difiant corners of the world. They may think it immaterial: but I will venture to fay, that no governor will ever be acceptable to the colony, whofe dif pofition and behaviour do 11ot qualify him to be beloved at home. On the other hand, a governor, who pofefies a generous heart, a liberal and comprehenive mind, a fuavity of manners, and virtuous principles, will ever be a
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i B O O K I. CH A P. II. 43 alarms, delays, and hort conilgnmcnts, which are ufoally the con fequence of political firalion in a colony: by thefe, the hours, cbys, and weeks, that hould be devoted to buGnefs, are confumed in tbe vehemence of party wrangle and eletion contel:s; the miils l:and fiill ; hops are hut up; and the whole country be comes a fcene of tumult and litigation. Seeing, therefore, the im portance of their interpofion, I fincerely wih, that they may, at all times hereafte~, exe~t themfelves in preventing the appoi ntment of any man, whofe charater, difpofition, or circuml:ances, may have a tendency to produce a fcene of difcord and confofion, fo very obnoxious to the interel: and welfare of every perfon connel:ed with the ifland. I t is, indeed, their particular duty to be thus at tentive; for the gentlemen of Jamaica havc it not in their power to contel: any appointment, though ever fo unpleafing to them; fcarcely learning who is to be their governor till he ftts foot among them. Befides, the charai:ers of public men are much better known in England than they can be abroad: and, when perfons are honoured with this commifon, whofe reputation and principies are irreproachable, and even high1y approved in England; the people of Jamaica will, with greater propricty, merit the epithets of falious and turbulent, if they hould wantonly oppofe the admi nifiration of fuch men. Fai:ions need not be apprehended, if the perfon, appointed to this zovernment, joins integrity of heart to a competent hare of ability. Nor will the duties of adminihation. be fo arduous, in the hands of fuch a man, as might at fi rl: be fop pofed ; for, in the conduting of ordinary bufinefa, after acquiring a knmvledge of the forms, what remains \vill be found to glide on eafily, by means of arder and method. In fa{}, the routi n e of bu finefs is a point of the leal: concern. Abilities will add lul:re to the l:ation, and may give difpatch to bunefs when righ t !y t1f>plied. But the e:fential qualification is goodnefs of heart; witbot1t which, the greater the abilities are, the more reafon \vill the pcoplc have for dreading their prol:itution to bad purpofcs. In few ,vords, the firl: grcat principie is, to mean well; the next, to do wel!. G2 CHAP,.

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44 J A M A I C A. C H A P. lII. S E C T. I. Lieutenant Governor and Prejident. T H E lieutenantgovernor and preident of the council are allowed, by the king's inl:rution, to take only one half of the revenue falary of 2500/. if they hou]d fucceed to the fupn;me command ; notwithl:anding that the expences, during their go vernmentt are as large as thofe of a governor in chief. If the gc vernor and lieutenant-governor happen to die, orare obliged to be abfent from the iland for a twelvemonth, on account of health, one half of their revenue falary, or 1250/. devolves, upon their demife, or during their abence, to the prefident of the council; who then becomes commander in chief pro tempere. Jn the mean time, the country allowance of 2500/. is fupended, as it is made payable only during atual refidence on thc iland. Sorne minil:ers ha ve con ceived an opinion, that e furplus of the govemor's revenue fiil ary viz. I 250!. per annum, accruing during the ad m inifir ation of a Iieu tenant-governor, or prefident, is a lapfe to the crown, a~d liesin his majel:y's difpofal, at pleafure But in -this they hav(2 been mil:aken, for want of knowing, that, by our revenue-law, the crown has folly granted, and conveyed away, all right and pretenfion to any foch furplufage unto the public of Jann ica, for the ufes of go vernment there r b]. The crown, therefore, being precluded for ever by this grant, cannot alter the difpofiti0n of it: and, in pur foance of that law, it is appropriated, by the legilature of the (h] Hy clau{e 23, it is ena8ed, that the faid whole revenue fhall be appropriated to tie fuppon of the government of this iland, and the contingent charges ther e d, and the other ufos in this al "meutionecl ; and to no other ufe, inte11-, or purpofe, whatfoe\'cr."-And, by c!aufe 27, "ali for plufages of the revenu_,, or excefs, over and above the fpnlated annual effimate of Soco!. '' are to be applied to foch uies as the go;, ernor, council, and affrrnl:ily, by any law, may think pro ,, per."-The meaning of which feems to be, that they ho~1ld not be a pplied, except under the di refons of a pofive law of the iil'and; nor to any ufes other than the u fes of the iHand go T(:ruroent.

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B O O K T. C U A P. III. 45 ifland, in aid of the other provifions for defraying the contingent charges of government. Previous to tbe exilence of this Ll\v, the crown difpoied of fines, forfeitures, quit-rents, and efcheats, at pleafure. \Vith refpet to the revenue allowance itfelf, of 2 500 l. the crown may frill grant it in fuch meafure, to the commander in chief for the time being, as frerns good : and, on the foccdfion of a lieutenant-governor, who is ordered to take only one moiety of that fum, the other moiety commonly ferves as a ftnking jund, to make good deficiences in any other branch. It is fuppofed, that a prefident of the council, taking upon him the government on tbe demife, abence, or non-appointment, of a governor, or lieute n ant-governor, cannot legally difolve the houfe of afembly, nor ifue writs for calling a new one; becaufe he has no exprefs commiilion from the fovereign,_ under the great feal of Great Britain, giving him authority for this purpofe. By the laws of Eng land, the king ought to be prefont in bis parliament, either in p e fon, or by reprefentative. The manner in which he is reprefented is by a commifon under the great fea), direted to certain eminent perfons, empowering them to begin the parliament, to prorogue, or to difol ve it. His majel:y's commifon, under the great feal, to h is locum tenentes, the governor, or lieutenant-governor, authorizes them, by the fome confiitutional rule, to do and execute certain things which they could not otherwife legally or confiitutionally do. I have never heard, tha.t fuch an authrxity to difolve affemblies was ever given to a preident of the council; and, if a prefident has at any time exerci(ed fuch a power without the authority of fuch a commifon, I prefume it was wholly illcgal and unwarrantable. I have mentioned this, becaufe it feems ncceffary that the extent and limits of their feveral provinces ou]d be precifely marked, and l?ublicly known. Ag,ainft the oppreffive ats and mif-rule of go \'ernors, the people of thc co1onies hav.e three modes of redres. The {ir[t is, by petition to his rnaje.l:y in council, prnying the re moval of tbe offcnder. The frcond, by fuit in thc comt of king's bench at Wen-inler-ha11 [i]: The third, by complaint preferrr::d at the bar of the honfo of commons. The firl: mode is what has. It is true, bis rnaju1y in council rnay not 1: ..:crall1 be e n purfued. ,;;;, [.' 1 Pc r il.,r, 11 ~' 1, G 1 ii. llI. r:1p. r.: have

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., J A !\1 A I C A 'hav e power to ir~lit any other degre e of puniiliment on the gr1. vernor, tha n re mo val fr on1 h is pol: : but the colonfis have been fa.;, tisfied \Vith bringing bis tyrannies to this period, without defiring to profrcute any further revenge. This rnode it. muft be allowed, is ,ex treme1y impcrfet, and the redrefs dilatory The people mufi be greatly incenfed, by a continua} repetition of i n juries, before they w_ll make this requdl: to the th rone: and, confi d ering the remote.:. nefs of tbcir :fuation, the governor has full leifure to take ven.;, gcta nce en his accufers, previous to his reca1I: he may alfo throw foch obl:acles in the way, by diffolving their alernbly, and refufing to call another, as may prevent thern frorn uniting, and framing fuch a petition in the regular way. Their Jaft refonrce in this event is by remonHrance of a grand jury; and 9f tbis the hil:ory of Ja ~ maica fornihes one example~ The fecond means of redrefs is fui table onl y to prvate wrongs done Jo individuals : for the col leB:ive bod_y of the people cannot fue in the king's-bench court ; i Of, .if they could, a law-court feems infufficient for thc purpofe, becaufe offences in government, though ve1:y grievous, can hardly ,, ever be fo accurately defined, as to be the proper objets of foch a court, ted up by forms, and the rigid letter of the law. The third mode is undoubtedly equal to the fubjel: of compl ant : bu t, as the bad conduc.1 of any governor mul: reflet fome fcandal on his ;p atrons, and hus involve them in bis difgrace; and as fuch a perfon ,is generally powerfol in his famly or party connexions at home; we do not find any-example of effetual redrefs obtained through :t his channel. The co1onies mul:, therefore, appear to be left too : :inuch expofed:; and not adequately provided with a means of bring ing a bad governor to condign punibment. Such a man can never be deterred by the fear of a recall, after he has enriched himfelf by his iniquities : fearlefs of any other confequence, he regaros it not ;s a punibment, but as a means given him of retiring quietly to enjoy the fruits of his mal-adminil:ratim1. lt may not be improper to clofe this fubjel: with a ketch of the conl:itution which prevails in the French ilands : but I hall leave it to the reader, to draw his own conclu:Gons from ari. impartial comparifon. The government of the feveral divifions of the French ilands is .m a governor, or general, an intendant, and a royal council. The govemor

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B O O K I. C H A P. III. 47 governor is invel:ed with a great
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... J A rvr A I e A. Great -Britain. It is affixed to all patents, commiHions de lunaiico hqurendo, grand commiffions of the peace, and of oyer and ter miner, \vrits for e1e8:ing members of tbe affembly, and generally to all foch inl:ruments as are fealed in the like manner in Great Britain. On one ide of the great fcal are the royal arms and titles. On the reverfe, in the time of Charles II. that monarch was repre frntecl enthroned in his royal robes, holding the globe and fceptre at the foot of the throne, two Negroes q genoux before him, fopport ing a baket fillecl with American fruits. On the exergue, CAROL vs SECVNDVS DEI GRATIA, MAGNAE RRITA.:NNlAE, FRANCIAE, ET HIBERNIAE, REX; DOMINVS JAMAICAE; FIDEI DEFENSOR. The addition of dominus, or lord of Jamaica, was afiumed by that king in compliment to the ifland, me:.rning to take it under his efpecial patronage. Below is this 1notto: DV RO DE COR Trc, FRVCTVS QVAM DVLCIS On the prefent feal his majel:y is reprefented in bis regalia, fianding a little inclined forward, holding the fceptre in bis right hand and extending bis left towards a baket of fruit, which a Negree, in a favage.dre(s., prefents a genoux, orina kneeling pol:ure. In another compartment are the arms of the ifland. The infcrip tion is, mutatis mutandis, the fome as that ahove~mentioned. If the gro u p was in tended as emblematical, there fee~s a very l:riking propriety in it. The attitude in which his majel:y is phced may denote his gracious ..condefcenfion towards bis fobjets of this co lony; and the fub'citution of one Negroe, with a very Iarge colla tion of fruits, in tbe room of two, with a much fmaller baket, may ferve to indicate, that tbe crown receives far greater benefits, in its preent flouriihing .ftate, from the lahours of one fubjel:, thaa Charles gained from double the number C HAP.

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-;. ,.., B Q O K I. CH AP. IV. C H A P. IV. Of the CQuncil. T H IS body is appointed by his majel:y's writ of privy-fea1, which conftitutes the individuals of it members of bis ma jel:y's privy-council for this iland. Their legilative autbority is fuppofed to be beld by virtue of a claufe of bis majefiy's com n1iffion to bis governor under the great feal, empowering him to concur with the council and aiembly in paling laws, htutes, and ordinances. What forther concerns their authority and proce-ed ings is regulated by their own votes, or by the royal infirul:ions, of which every governor receiyes a code at the time of his ap pointment. Upon being honoured with a feal, they take an oath. of ficrecy and fidelity. The full complement of the board is twelve. The governor is empowered to fill it up to feven, but not beyond ; and this is neceffary, beca u fe it has fometimes happened, that g? vernors have thought themfelves obliged to fofpend every one f the members, and replace them with a new fet ; whofe appointment in this mode, being grounded on an inl:rulion, is not valid with out bis majefty's confirmation. Five, I think, according to their ufa g e, make a quorum. Their officers are a chaplain, clerk, uher of the black rod, mefienger, and printer. The governor may fuf pend any, or all of them, without ailigning bis re:afons either to the member fofpended, or to the refi, or taking the fenfe or confent of the majority thereupon. He by the crown, commanded to fig nify the caufe of fuipenion to tbe lords commiilioners for trade and p la n t arions (perhaps alfo to the fecretary for the colonies), to be laid be fo re his majel:y in council, that he may judge of its fitnefs. He i s to allow tliem freedom of debate on all matte r s which may be debated at their bo a rd; to communicate foch of his majel:y's in11:rul:ions as he thinks proper for bis majel:y's fervice; and, befare the fufpe n Gon of any members far non-attendance, he is to admo nih the a 1; but, if they perfl: in their error, he may then apply the rod of fofpenfion. He is likewife direted to tranfinit lils of V oL. l. H fuch

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50 J A M A I C A. foch perfons in the colony as he thinks mo:l: proper to fupply vacancies at the board, who are fpecially required to be men of good ability, fortune, and not much in debt ;" an injuntion which has not always been rigidly obeyed. In the ffpenfion of members, a governor may be influenced by unworthy motives; but, as a re medy for this, bis majefiy is judge of appeal. It is very common, therefore, to fee counfellors, who have been fufpended by one go vernor, refiored to their feats again at the commencement of the fucceeding governor's adminil:ration: and the miniftry feem cautious of much encouraging thefe fufpenons, as the gentlemen ferve with out any other pay than the honour of their privy-feal. In the pro vince of Mafachufet, in New-England, the council confifis of twenty-eight members, who are to be advifing and affil:ing to the governor, and confiitute one negative in the legilature, analogous to the houfe of lords in Great-Britain. They are annually chofen by joint vote of a majority of the la:l: year's council, and of the new houfe of reprefentatives. But, although their elelion is annual, the former counfellors are generally returned. Seven make a quorum; and the governor appoints, with their advice and confent, all civil officers, except thofe of the finance: and foch appointments are not made without a fummons, iffued out feven days before the nomi nation, to foch of the counfellors as are at that time refiding in the province. The inconveniences fuppofed to be incident to this conftitution are, tbat the council may be intimidated by the go vernor~ who has a power of negativing any counfellor's eletion, without a1ledging reafons; and may alfo l:and in awe of the houfe of reprefentatives as to their elel:ion : and, when this is really the cafe, they mu:l: appear not to be free agents. I agree with the hil:o rian (Douglas), that the counfellors, fo eltl:ed, are in thefe circum lances not abfolutely free agents. But they feem to me as much fo as men can be w ho are not hereditary members of the great Ie gilative hody like the houfe of peers: for, if they are in awe of the governor's negative en the one ide, they may be equally fo of th 0 repreentatives negative on the other; and therefore are obliged,. if they wih a continuance in their feats, to hold fuch a moderation of condut between the two oppoite powers, as mul: render them perfelly impartial to either in their proceedings; and not liable to be

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. BOOK I. IV. sr be hurried away by thofe gul:s of pailion and prejud ice, which are fo apt to overfet the minds of a council dependent folely upon on e branch. Nor can I think any juft objetion would be offered ag a inil: this 1node of appointment : for, if they lean too mu c h tow a rds the popular fcale in one year, they may ftand excluded a f terwards by the governor's right of rejetion: if, on the contrary, they iliould incl i ne more than becomes them to the meafres of a governor in the ex tenfion of illegal prerogative, and turn arr a nt courters, there can be little expel:ation that the houfe of reprefentatives w1ll make choice of them a fecond time. I own, that the difcovery of this happy medium of condul: may be difficult to fome, and the idea hateful to others, who are more ambitious of lording it over their fellow-fubjels, than of purfuing the common objets of public welfare. But men of fenfe and integrity may, in moft em e rgencies, treat on public affairs coolly and difpailionately, as mediators between the two contending parties ; which if they were themfelves of ei ther p:rty, they might b~ apt to efpoufe with too much heat and acrimony. However imperfet, then, this fecond branch of the New-England legilature may be, I perfuade myfelf, that it will ap pear far better conl:ituted than our Jamaica council. I hall here after endeavour fully ~o point out the impropriety of confounding a privy and legilative council together ; fuggefiing, at the fame time, what I humbly conceive would be a more rational and conl:i tutional plan. Impeachments cannot be put in ufe here in the fame :tnode as pratifed in England, becaufe we h~ve no houfe of peers; yet fomething in the nature of impeachment has obtained here. I need not enumerate every inl:ance : one of the mol: recent will fuf fice, viz. the cafe of ry.Ir. P--, ann~ I 7 56, at that time chief-jufce of the iland, and a member of the council; whofe condut in both capacities was arraigned by the houfe of alembly; and evidence folemnly taken at their bar, to preve the char g es againl: him. Thefe charge .s were redu c ed into feveral refolutions : and concluded with an addrefs to the t he n lieuten a nt-governor, defiring, that he would be pleafed to fufpend the faid Mr. Pfrom his feat in the privycouncil, until his majel:y's pleafure ih o uld be known ; and, further, that he would r e move the faid Mr. Pfrom the place and office of chi ef -jufce, and from a11 other pol:s and employments H 2, of

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J A M A I C A. of public trul: which he then held. This addrefs, with the fevera! examinations taken befare the houfe in fupport of their alle .. gations, was fen t to the lieutenant-governor, who, in confequence thereof, after hearing what l\1r. Pand the rcl: of the privy counfellors had to fay in his defence, was pl c afed to fufpend and remove him, according to the prayer of the houfe. I have cited thefe particulars, to hew the courfe and order of proceeding, and how exceedingly they differ from impeachments by the houfe of commons in Great-Britain. With us, the commander in chief i s the judge to decide; to him the charge a n d evidence are tranfmitted on the one fide; and he alfo receives the evid e nce and a nfwer from the other: but no opportunity is given the afiembly to rejoin upon the reply of the accufed perfon, nor to :irgue upon the errors, fallacies,_ or infufficiency of it, or to enlarge on the points of their accufat i on and tel:imony, and pray judgement upon a full difculion on both fides: fo that their proceeding has not the eTentials of a regular ifue and triaL It may be obferved here, as in Britain, that accufa. tions have frequently fprung from violent party-heat.s and ani mo fities; by which means, prefumptive evidence has been received for. proof p o five, circumfiances exaggerated, and the gratification of private rancour more often found to be the leading motive, than ho nel: zeal for public jufce. The few members who c o mpofe the council, and the fmallnefa of their quorum, form an objel:ion to their fitting as judges upon an impeached brother counfollor; for, in mor cafes, they may be fo conneted with him in the qu a rrel, as to be parties as well as judges and therefore partial and pr e judiced in their judgement. But, imperfel: as this form of proceeding is, it is cer tainly better than none at all. Gov e rno r s may fom eti mes c a rry an undue affeB:ion t0wards a counfellor ; bu t in general, the peopl e can reafonably hope for a more impartial d e cifion and effetual re d refs from a governor, than from the m01'"e immed~ate friend s partifan s and confederates, of the delinquent. In the B r tifh conft u tion, there is faid to be no mal-pral:ice without a fui table remely. So, in the colony, neither a chief-juflice, nor privy-ounfello r are to op .. prefs the fobjet, or at in either capacity with Hagrant injulice or illegality, without being amenable to a pov v er of cont ro ul. The grand inquefr, or power of bringing fuch offenders to jufrice is confti t utionally

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B O O K I. C H A P. IV. 5 j fiitutionally and neceifarily lodged with the houfe of reprefenL tives. The power of giving judgement rel:s with the crowu, or 1 rs delegate. The houfc of afembly h as always been ufed to iuqui .. c into the abufes and corruptions of office, the obl:rutions to pub! jul:ice, and the compla i nts of fubjets oppre{fod by the i1an1l o r power ; and to bring the delinquents in fuch cafe to jul:ice. ,. I f '' an oftender be in any l:ation below the governor, the cufiom ha s been, to lay the evidence of his guilt befare his excellency, and by addrefs defire he may be profecuted, and diinifed from the office he has abufed. If the oppreiion comes from any of the courts~ or offices which the governor himfelf holds,. they feek for redrefa by an application in the fame manner to his majel:y: infomuch that public officers and magifirates, of all ranks,. from the jul:ice of the peace up to the chief-jul:ice, the members of the council,, '' and the governor, have at times been made to feel the weight of this authority, and to fuffer for their excefes. So that, although the affembly do not impeach, in the ftrit and ufual acceptation of '' the term; yet they exercife powers as conl:itutional, though not '' in every refpel fo effetual, to protel the fubjet, and bring the : ~' guilty to punihment [k ]." C H A P. V~ Of the Ajfemb!y rrHE afiembly is chafen in confequence of a writ ifiued by tEe governor, in his majel:y\; name, to the provol:-marhal ge neral, who bnds here in place of high-heriff, ancl executes the ,., like officc. The writ recites the royal proclamation ifued, de.claring bis rpajel:y's ,vill and pleafure for calling an alembly, to meet at Sr. J ago de la Vega, on a certaiu
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., 54 J A M A I C A. tively, to fommon the freeholders to meet; and then and there proceed to eleB: tbe fittefi and difcreetefi of t 1eir body (mention ing thcir nmnber), to be chofen by the 1najor part of them then prefent. He is forther direl:ed, to fee that the elell:ior1 is freely and indifferently carricd on, without falion or interel, and to make a due return thereof to the governor in council, with a cer tificate of the member or me1nbers elel:, under the hands and feals of the principal and mol: fofficient freeholders of the tmvn or pa rih. The retu r n on tbis writ is in the fonn of an indenture be tween the provofi-rnarhal-general and the fobfcribing freeholders; which fets forth the names of the perfons whom the m!Jority has reprc r cnta t ively chofen as mol: fit and difcreet, giving and grant ing to the faid reprefentatives full and fofficient po w er, for them felves and the commonalty of the town or parih, to do and con fent to thofe things which at the afembly (in the ,vrit men tioned) hall be agreed u pon concerning the aftairs in the faid writ fpecified." In tel:imony of which, the certifying free holders fet their hands and feals to one part, to remain with the governor until the meeting; and the provofi-mar(hal attel-s the counterpart. This writ and return being left in the governor's office till the houfe is affembled, they are then fent clown to th houfe, and afterwards lodged in the chancery offi.ce. The houfe, when met, fend a 1nefiage to acquaint the governor, who thereupon direl:s two of the counci], ,vith the clerk of that board, to attend them, and adminil:er the ufual oaths, and among others the oath of qualification. After this ceremony, the counfellors inform them, that the governor commands the houfe to proceed to the choice of a fpeaker. The fpeaker being chafen, and condul:ed to the chair, another melage is fent to the governor; after which, the whole houfo attend to prefent him. The governor receves them in council; and, having approved the choice, the fpeaker demands, in the name of the bou f e, their ancient rights and privi le?"es, freer'01n of de o a t e, liberty of acce(s to bis excellency's perfon, an d e x emp c ion from ar r es during the fitting; \ \. hich bein ~ recognized by thc governor, ~bey receive bis ipeech : an d on ret..1rning to the houre, el: thei r clerk, rneffenger ( or 1 c 1 ~ ea nt at arms), and chaplain; the two fonne,r are then fent with a me1nber, 5 ancl

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B O O K I. C H A P. V. and fworn in before the governor. Some other preliminary b nefa being done, they proceed to el:ablifh their ru1es, of ,vLic.:1 1 there are about thirty-feven, all fairly engrofied, and hung up in their houfe, for the information of t he members. Thefo rules a e frequent]y altered, or new one s refolved, according to e .' it ~ ences, by every new aembly. Among others, not ve ry material t o men tion_, are the follo,ving, which may be called fl:anding ri ,les viz. That even be a quorum, to meet and adjourn, and fend for ab fent members: That the afiembly a1ways, at riGrnr, do acljourn o from time to time, as they hall fee it convenient for the fpeedy difpatch of affairs ; and that none depart the houfo without the fpea ker' s leave, upon any pretence ,,1hatfoever. That no member of the honoura bl e the council of this iland hath any right to interfere with, or to give his vote in, the elec- tion of any member to ferve in this aiembly. That twenty;_one make a quorum, to at as if all the members were prefent, and to proceed to all buGnefs. That no member of this houfe hath any privi!ege in regard to l1is goods or cbattels, except fuch as are necefary for his accom rnodation during his attendance on the houfe. That every mernber of the houfe enjoy tbe privilege of bis per fon, againH: all arrel:s and imprifonments, in fch manner as hath been heretofore ufod and accufromed, except in ca[es of treafon, fe lony, breach of the peace, forcible entries, forcible detainers, pay ment of any aids, pplies, or ta x es, granted for the fopport of his majel:y's governrnent of tbe iland, or of any parifh duties. The afembly exe r cifes a right of adjournrnent de die in diem ; but, for a longer fpace the fpeake r obtains tbe governor's leave. For bett er fuppotting tbe d~gnity of tbe houfe, and more effeccual difl ) atch of the public buGnefs, they exercie alfo the pmvers of fending for perfons, pape r s, and records ; of corDmanding attendances at their bar, or on t-heir committees; of oide r ing into c u:l ody of their rneffenger all pei-fons wilfully and corumac.ioufl y difobcdient to their authority, by refofing attendance 1 or otbe r wife, in ma tt ers of the public cncern; privileges, which are in general c a u tiouy and fparingly exerted. ~i'heir bills undergo three readi ng s. On the fecond, they are conflered and amended in a committee of the whole

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J A M A I C A. whole houfe, and afterwards, if approved by a majority, they are ordered to be engroifed; then read a third time; and, upan the quettion, either rejeled or pafed. If pa{fod, they are figned by the fpeaker, and fent to the council; where they go through much the ame procefs. When pafiecl by all the three branches, the tefle is fubfcribed in this order: Pafied the council, C~ D. Cl'k Con c.: I confent, E. F. { Date of the} governor's fignature 3 Pafed the afembly, A. B. f peaker. { D:'.e } After being thus pa-fled, they take immediate eifel:, if not otherwife provided by fome claufe contained in them; the political circum fiances of the colony not admitting of their continuing in fofpence until his majely's ple.afore be known thereupon, as is the cafe with I reland, and, I believe, fome other branches of the empire, where the like neceility does not operate fo lrongly. The afembly con fider their privileges as derived to them from their confi:ituents ; and that they are not conceilions from the crown, but the rir;ht and inheritance of the people; and that the privileges which they claim are abfolutely necefary to fupport their own proper authority, and to give the people of the colony that protelion againfi: arbitrary power, which nothing but a free and independent afiembly can give. Their right they follnd on this prefomption, that the afiembly of this iland holds the fame rank in the fyfi:em of their conl:itution, as a Brit1h houfe of commons does in that of the mother country [l]. And, forely, thefe are principles fettled on fo jul: and rational a foundation, that no true Briton will attempt to controvert them. They confler inftrulions from the crown to the governor as re. commendatory only, but not obligatory u pon them; that ats of parliament only are obligatory ; that they are at liberty to vary at [/] It is a well-known anecdote, that Mr. Yeomans, agent for Angua, an
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BOOK I. C HA P. V. 57 pleafure from any former grants of falary to their governors; that the council may only concur or not concur in a tax, or any other money-bill; but may make no amendments, the bufinefs of fop plying the treafory always originating in their houfc, The times of their meeting, and their duratiou, are at the governor's pleafore. An attempt was once made to appoint their term triennial; but the bill mifcarried. A governor has been known to difol ve feveral times in the fame year, endeavouring to garble an houfe to his liking: but few attempts of this nature have focceeded; becaufe it is not in the power of an y governor to !educe the majority, by any modes of bribery and corruption that he can exercife. The votes of very few e lel:ors are to be bought The freeholders in general are pofiefod of fo independent a f pirit, that tbey preferve in mo;l: of the parihes an abfolute freedom in their choice, foundcd on the opinion they have conceived of their candidate, his prin ciples, charater, and ability to do bis country fervice. The quali fication of a freeholder for voting at eletions is 1 o!. per annum, arifing from lands, tenements, or hereditaments. A perfon eleted member mufi fwear, befare he can be admitted to f, that he is poffoflecl of 300 l. per annum, or 3000 l. in grofs, over and above what is fufficient to pay all his debts: and fometimes this quali fication has been minutely inquired into. The twenty parihes re turn forty-three members to ferve in aiiernbly ; the parihes of St. Katharine, Kingl:on, and Port Royal, having each of them three reprefentatives. But there are as yet no county members, anf,ver able to knights of the hires in England ; nor ieems there at prefent any neceffity, in refpel: to matters of b!f!inefs, for a further augmentation of their numher. Forty-three are perhaps fufficient for tranfaling ali the public affairs which proper!y fall under cog nizance of the houfe. lf there be any other reafon to increafo the number, it mul: be founded on the inequality of repreentation. In the year I 768, the proportions of the poll-tax, pai'd by thc refpetive counties, were as follow: I s. d __, Middlefex, Surry, Cornwall, VOL. I. I 10,535 I 8 IOf 8,000 I I 8f 8,756 12 6 ----Total, 27,293 ,., :> I So

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J A M A I C A. So that the counties of Middlefex and Cornwall paid more than twice as much as the county of Surry. The town of Kingl:on, in Surry, pays about two thirds more than the other two counties, in the articles of houfe, wheel, and rum tax, country houfes not being rated. But, in regard to real property, the lal:-mentioned two counties polefs, in the ratio of three to one, more than the county of Surry. For examp]e: Middlefex and Cornwall contained, Negroes. Catt1e. 127,362 and 114,288 Surry, 39,542 2 r ,46 5 And the property is thus reprefented; viz. Sugar-el:ates. and 505 146 Middlefex returns Members 1 71 2 7 Cornwall, 1 o J Surry, --16 The two former counties, therefore, to be on equal footing of repre fentation in the legilature, ought to fend forty-eight members, in Head of twenty-feven : and the whole number of affembly would then be ixty-four. For the caufe of this inequality, we mul: go back to thofe early times when the iland was not fo extenfively fettled as it is prefent. In the year 1693, there were only ixteen parihes formed. In that year a tax of 450/. was laid upon the whole iland, to defray the charge of public agents in Engbnd. This was levied upon a fair valuation: and, claEng the feveral parilies under their refpeB:ive counties as now fettled, the quotas would land thus [, s. d. l\1iddlefex, 234 16 oo Cornwall, 54 3' 4 Surry, 173 5 3 Here Surry raifed three times more than Cornwalll ; and Middlefex ,,more than both of them added together. At that time there ,vere, in the parihes which now form the county of Su rry 8 3 3 fa milies, and 6602 inhabitants. In Middlefex, 884 families, and 8696 inhabitants. And, in all the other parts of the iland, not more than about 220 families, or 2000 perfons. The major part of the white inhabtants then fo~md, amounting to about 8000, were

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B O O K I. C HA P. V. s
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60 J A lv1 A I C A. except u pon extraordinary emergencies, may ferve to convey a pretty corred idea of our public diburfements. The 8000!. ftanding annual revenue is not included in the efiimate; but added to the fom total. Thus will be bewn the whole amount annually raifed ::rnd expended within the ifland in fupport of our government, and for public fervices. Heads of the Efmate of Supplies for the Year 1 76J, [, s. d. Governor's additional falary, C1erk of the crown, and clerk of the court, I oo l. each The regiments, forts, and fortifications, 1\tiaroon-negroe towns, Annuities to 26 Negroes, freed for public fervices, Certificates of freedoms, Gaol-fees of king's N egroes, \:V aiters, and port-officers, Repairing pub!ic buildings, -Officers of the afembly, Agent for the ifland and committee of correfpondence, Chancery records, Tranfcribing and printing laws, Printing the votes, Tranfint fick and poor in Kingfton and Spanih town, Officers of the Bath, Free fchool in Spaniib town, Annual king's plate, or horfe-race, To redeem a mortgage on Stewart's new-invented} cane-mill, -Public roads opening and repairing; Of this the 538: l may be l:ruck off for extra} charges, not occurring every year. This being deduled, the avage fupply may be rated, communibus annis, about -_,;._ -To which add the revenue, el:imated by the law, at 2,500 200 2 r,480 1,300 290 13 100 1,740 1,000 1,680 47 499 59 50 400 240 100 II8 480 2,040 ,... 0 8 1 _-,j,.J 30,000 8,000 38,000 o o o o 6 8L z o o o o 5 o o o o o o o o o o () o 4f s 9 o o o o o o o o 15 o 4 o o o 19 10 o o o o o o The

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B O O K L C HA P. V. 6r The fources of the revenue fund are import duties, laid by an al: of the iland, paled in 1728, on all foreign wines, fpirituous liquors, beer, ale, cyder, mum, refined and other fugar, ndigo, cotton, to bacco, ginger, cocoa, wine-licences, the crown's hare of all fines, forfeitures, efcheats, and produce of quit-rents ; befides a duty ( called the tonnage) of one pound weight of gunpowder per ton on aH vefels arriving from parts beyond the Tropic of Cancer, oran equi val:nt I} money, valued at Is. 6d. per pound weight. The produtl: of thefe feveral heads, in the year w hen this law paled, ,vas fup pofed to amount as follows : Impofi taken ata medium of nine years, ~it-rents, --Fines, forfeitures, and efcheats, -\Vine-licences, -:--Gunpowder, New impofi, incl~ding ndigo and fugar, at mo-} derate computat10n, .---U pon this were founded the charges ; viz. [. s. d. The captain-ge11eral's falary, Forts and fortifications,Chief-jul:ice's falary, Officers and gunners of fortCharles; viz. The captain, 6s. per diem, --The lieutenant, 4s. 6d. Twelve matroffes in alua! Jervice, at} 2s. 6d. per diem, to be inhabitants L of Port Royal, and continually re( fident there, and not to be ~nlil:ed J in the independent compames, Armourer, \,Vater for the garrifon, --Captain of the train in Spanih town, 2500 o o 1250 o o 120 O O 109 10 o 82 2 6 547 ro o 40 o o 24 o o 45 J 2 6 s. d. 2966 2 I 1460 14 3 437 13 3 200 o o 2 57 2 I I 3000 o o --3371 12 6 Auditor

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J A M A I C A. Auditor-general, r 50/. fierling, at-} 40 per cent. exchange, -Waiter's falary, Severa} ordinary charges ; viz. pu blic l buildings, attorney-general's fees, I clerk of the council, provol:~mar1 hal, clerk of the crown, cler k of the chanc e ry for i ffuing writs of 1 eletion, deputymarhals for prioners, executing writs of election, receiver-general's commif. fion, king's evidence, and other f {mall expences, computed at a me-1 diurn, for nine years pafi, -J Contingent charges per annum, --[ s. d. 210 O O 120 O O [ s. 568 15 o 1 8007 ro d. o According to this computation., there is a forplus, 364 z 6 But the furplus is, in fat, much more, and fiill on the increafe. The qut-rents alone, if faithfully paid and colleted, ought to pro duce at leal: 3000/. per annum; and the tonnage duty 2000/. if re ceived in 1noney, infiead of powder, over and above fupplying the forts and magazines with what s fufficient and necefary to be con fiantly kept for the public defence. No reconomy feems to attend the management of this duty; but, on the contrary, a very enor n1ous wal:e has been ufua1ly made of the powder, in falutes, watch guns, minute-guns, fcalings, fiftings, and many et c~teras. J\1uch of it is annually damaged ; and this has fometimes been re-!hipped for fale to Great-Britain; where it cannot produce much, \vhen t h e charges of freight and commiffion are dedut e d. lt wou1d, per haps, be more beneficia} to the revenue, if this duty was always to be col!eted in money alone; and the receiver-general direl:ed, by fa w to import every year a certain quantity of powder pro re nat, fuch as hall be confider ed abfolutely neceffary to keep up a fofficient ma g azine for fecurity of the ifland, to be a charge upo!] the revenue fu nd, and to be honel:ly actounted for under fuitable regulations ; 7 or

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BOOK I. CH A P. V. or a payment of the duty might be admitted and fottled, of one pro portion in powder, the remainder in money. Sorne of the articles of revenue have been flutuating; as indigo, which, in fome years, has produced little or nothing, in others confiderably, and in parti cular during the lal: war. But, as other increafed articles make up for this deficiency, the average income is probably not fo little as I 0,000 l. yearly. The forplus (foppofing it to be 2000/.) ought, purfuant to the diretions of the law, to form a kind of aggregate fond, to be applied in fitting out parties againfi rebellious Ne groes, or foch other ufe as the governor, council, and afembly, hould, by any law to be paled for the purpofe, think fit to diret. lt is forther provided, that the 12 50!. per annum, for repair of the forts and fortifications, .hall be firitly applied to that ufe, and no other ; and, for better obfervance of this claue, that fm is ordered to be carried by' the receiver-general into a dil:in:t account. The gorer nor and council are the adminil:rators upon, and trul:ees for, the annual 8000 l. ; and it is their duty to draw on the iland treafory for payment of the real, legitimate charges of government, anJ none other. Let us now examine, with what fidelity they appear to have execu ted this trufl:. In the year 1763, they reprefented to the af fembl y, that the revenue at did not fufficiently provide for the con tin g ences of government. To demonl:rate this, they added a l:ate 0f what bad b e en paid to their orders, for fcven years back, on dif ferent heads, far exceeding the legal provifion. From this exhibit it appeared, that,._ inl:ead of Jees paid the attorney-general, whi c h are what the law direts, allud ing plainly to occaGonal crown ac tions, in which that offiGr might b2ppen to be retained and confolted, they aliowed him [, s. d. An annu::il fafary of -------400 o o To. a folie_ itor for the crown, an officer not men-} 500 o o twned rn the law, upwards of -unnot1ced rn the law, 500/. Tn1s office 1s ufu : :11ly To the ~2rrie~of public dipatch~~' anoth_er offi~er} 500 o o given to the governor's fecretary, and attended with about 120/. expence. --To

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JAMA ICA. To the chaplain, uiher ,_ and c_lerk, of the council, (the} two former not ment10ned rn the law,) r 240/. out of which, if we dedul: 500/. allowance to tbe clerk, 7 40 0 0 the1 e remains a fuperfl.uous expence of per ann. 2140 o o 'It appeared forther, that they had brought the revenue in debt, to the annual fortification fund, 60 r 3 l. 1 8 s. 2d.; that is to fay, they had drawn the money out of that fund, which by law is firiclly re quired to be kept facred, and applied folely to repairing the forts, &c. and diffipated it in expences which the law
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'., BOOK I. CH A P. v. 6; [, s. d. On the attorney-generaP s penfion, ...._ 200 o e On folicitor-general's bill, I00 o o Carrier of public difpatches, 200 o o Chaplain and uher, --500 o o Clerk of the board, ----I00 o () Printer (wholly, as an unneceffary of-} ficer), rated one year with another, 50 o o upan conjeture, ---Total, I 1 50 o o _pe r ann. faving; which in feven years amounts to 8050/. which exceeds their pre tended debt by 1464/. Hence, therefore, it muft evidently and fairly appear, that due moderation, even on thefe few heads, would hav~ prevented them from leaping over the bounds of the law, and infringing upon the fortification depofit, and annual furplufage fnd. Yet the board made no fcruple to affirm, on this occafio11, that the expences of government could not be fupported with lefs tha11 10,000 l. per annum This is true, while managed by fuch notable reconomifis, who, to ape the houfe of peers, mul: have their uher of the black rod, their chap]ain, and printer; who have made it a rule, to allow their clerk and officers the very fame fums which they found granted by the afembly to theirs; nay, fometimes to exceed them, by way of fixing themfelves a fiep higher in mock pa geantry. If the revenue was augmented to I 0,000 l. per annum, there is no doubt but, by fuch means, and perhaps fome additional caprices, the people might be called u pon every feven years, or oftener, to add two or three thoufand pounds more to their civil lifr. The afembly had too much regard for their conftituents, to dap another pannier on their fhoulders; and wifely refolved, that man y of the articles in the council's catalogue were not comprized within, nor warranted by, the law; that it did not appear, the revenue fund had fallh hort ; that the houfe ooght not to make good the fom of 6586/. 10s. 9d. the faid money not having accrued due upon any deficiency in the funds, duties, and impol:; but from the coun cil's having added feveral new heads of expence to the el:imate, and ifued orders on the receiver-general for larger annual fums than the VoL,L K bw

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66 J A M A I C A. law prefcribed; that making good the fame by the houfe would not only be repugnant to the revenue law, but might become a precedent of a very dangerous nature to future ajfemblies; as the like applica tion might be renewed, to induce the afembly to fupply every defi ciency which the council might think fit to create. Such were their jul: and unanfwerable grounds for rejel:ing this attempt. But it feems to cal: fome blame upan them, that, inlead of inl:ing on the ftrit annual application of the fortification and forplufage funds, they had fuffered the council to invade and diffipate them for fo many years; burthening, at the fame time, their conftituents with heavy taxes, to defray the very contingences to which thefe funds were fpecially appropriated. They now take upon them the whole charge of fupp1ying the forts with water; a fa1ary to the clerk of th crown; provide annually for repair of the fortifications, and equip ment of parties ; all of which, not forty years ago, were comprizrd under the revenue law. I have detailed this proceeding, in order to hew how much it behoves them to guard againl: thofe encroach ments, which, when once admitted, become fixed and permanent, and are never after to be efFetualJy refcinded. The afembly hewed it(elf worthy the confidence of the people, by refufing to comply with a requifition fo unreafonable. And the gentlemen of the council, finding that they could not carry their point after fucceffive attempts, were obliged to fall on that method at lal: which they ought to have embraced at firfi, and which was, indeed, the only prudent one remaining, to get them out of debt; e. g. by re trenching many fuperfluous expences. Had this meafure been taken fome years fooner, it would have preferved their credit, and have entitled them to the honourable appellation of faithfol depofitaries for the crown and people. Whenever their credit hall be re-efta bliilied, and the board confine themfelves within the jul: limits of the law, their annual orders will be of very great benefit to the iland, by l:anding in place of fo much real money; for they will have all the operation and currency of bank-notes [ m J. Bu t, at prefent, [m] For this purpofe, I fubmit the following fcheme. Let all the orders iffued be not exceeding 10/, each. Suppofing the annual expenditure to be, at an average, 95001. the number of orders ifoed for this will be 950. The governor's feal-fees now fall on the party receivipg the order, i. e, the _public creditor; wllich 1 caunot think equitable; for, if the debt is jul: and right (which is ,. prefm.ed,

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BOOK I. CHAP. V. 67 fent, and fo long as they are behind-hand, their orders are not paf fable at a difcount of lefs, in general, than 10!. per cent. or up~ wards. Hence feveral honeft men have been great lofers by this fort of payment. Others have faved thcmfelves by the extravagance of their charges, which aftorded this dedution, and left them ample profits befides. But this infolvency was attended with a further in -conveniencc, in furnihing fome of the receiver-general's clerks with a pretence far refufing payment of all orders of council prefented at the office, unlefs a very large difcount was allowed them for prompt payment; which being generally complied with, rather than wait many months, or years, for the whole fum, thefe honeft brokers found means to enrich themfelves very handfomely by this fpecies of trade. The ordinary funds for the other fupplies are, the deficiency, a'tax impofed on a11 owners of laves who neglet or refofe to maintain a certain rated proportion of white fervants ; a poll-tax upon laves and cattle; a duty on new Negroes imported and fold in the iland; a duty on rum retailed ; and taxes on wine and rum licences, tranf ient traders, public officers, houfe-rents in the towns, wherries, and wheels. The parochial taxes vary much in the different parihes, and ulfo in the fame, being heightened or lowered according to exigency : : they are <:ommonly raifed by a poll; and in fome the tranfient traders, houfe-rents, and wheels, furnih a fmall part. The produce of thefe taxes is applied to church and poor rates, repair of bar -racks and bridges. The highways are repaired by an allotment of ., each perfon's flaves. Ali thee are raifed after an eafy mode, at no greater dedution than 5 l. per cent. paid to the receiver-general for the public monies; and 2f !. per cent. to the collel:ing conl:ables far parih taxes. By which means, the whole of our internal taxes, both public and parochial, which together may be averaged, one prefumed, as it muit pafs the audit and examination of the council, who are bounJ to difallow every exorbitant charge), the creditor is furely entitled to ful! payment of his balance without any dedution. Befides, ths fee, which I think is 1 l. 3 s. 9 d. is cxtremely unequal; fince the man, ho receives only a i;ol. order, pays the fame as he who receives one far 5001.; and upan the 50 l. it is a defalcation of more than two and a half pcr cnt, An agreement mght, therefore, be cntered into with the governor, to fix his fee at one hilling per fea!; which, u pon 950 orders, amounts to 47 l. 10 s. and is equal to one half per cent. This might be paid, by the council, out of the revenue fund; by which means, the creditor, as is jul:, would receive the full value of hfa honel: demand. year

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68 J A M A I C A. year with another, at about 60,000/. do not col: the iland 2500/. in the collel:ing; a circuml:ance very favourable to the planters, on whom thc burthen principally rels. The following is only given as general el:imate of the produce of the ordinary taxes, viz. [ s. d. Rum bill, about 8,000 o o Additional duty, ditto I 0,000 o 0 Deficiency, ditto 1 z,ooo o o Poll-tax fingle, ditto 14,000 o o Ditto double, ditto 28,000 o o The rates of thefe impol:s are varied as occafron requires ; and the lal:, or poll-tax, is never laid, except when the public exigences make it unavoidable. When emergency required, fome years ag.o, new ways and means to be contrived, a lottery and ftamp-bill were introduced; but, as the one tended to excite a per;.. nicious fpirit of gambling, and the other proved extremely incon venient ahd oppreffive, they were foon laid afide. The former produced 5479 l.; the latter, 7000/. The furplufages of the funds are fometimes confiderable. Not many years ago, I have been credibly informed, that there was at one time 100,000/. in bank in the treafu ry, w hich was afterwards all d_rawn out, and wafied in conl:ruting fortifications; and fo much more necefiarily thrown after it every year, as to keep the public coffers rather low and im poverihed ever fince. The treafury accounts are kept by the re ceiver general; and annually infpeB:ed, chequed, and fettled, by a committee of the afiembly at their meeting. That body are alfo the inquirers into public abufes, breach and negligence of duty committed in the feveral courts of jul:ice and offices of record; an exercife of controul of the utmol: confequence, not on1y to the inhabitants, but to every Britih merchant who has monies out here upon loan, which is the cafe with many of them: and this circumftance argues very firongly for the afembly's annually meeting, and proceeding to bufinefs; fince the various great abufes they have from time to time deteled and rel:ified, and which happened in occafional long intervals of their meeting duri-ng contefts with a governor, manifel:ly hew what the confequence would be, if the perfons conduting thofo offices were to be left entirely to them.felves:

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B O O K J. C H A P. V. felves : and there can be 110 doubt, but that the terror of this yearly viitation may refirain fome of them from many exorbitancies, and violations of law and duty. The public taxes have in fome years, as in confequence of quellrng inforretion, building barracks, or fortifications, amounted to I 00,000 /. It is well this occurs but very feldom, or it might go near to ruin the iland. Nor can a more cogent reafon be urged, to prove how expedient it is, either that the regular forces hould by the mother country be compleated ; to 2000 effetive men, or that the afembly hould of themfelves, aud ,vith permifion, fupport a body of troops equivalent; in order, with a moderate annual addition to tleir prefent taxes, to fave the iland effetualJy from thefe incidental Joads of grivous taxation; which, falling all in one or two years fccefively, are far more burthenfome and opprefrve, than if the fame fum was to be paid by little and little, in the courfe of feveral years; for the pooreft pfanter can eafily afford to pay a thoufand pounds, in the feries of ten years, by inlalments of 1 oo/. per annum : when, if the whoJe fell payable in one year, it would probably cruh him [ n ]. Jndeed it mufi be granted, that the maintenance of a :l:anding army in a commercial colon y is not the moft eligible nor reconomic plan, and ought only to be admitted in a colon y of that clafs, whe11 there is but little hope of fettling and peopling it extenfivel y. Its own permanent inhabitants are unq uelionably its mol: natural, faithful, and ative defenders; and, when they are become fuffi ciently numerous to execute this important trul, the maintenance of foldiers mufi be an unnecefary burthen, and conducive to no honefi degn. But I !hall conider this fubjet: more largely hereafter [q]. CH A P [n] In general, the French \Veft-India colonies raife no taxes; but, when, upon an extraordi 11ary emergency, taxes are raifed, they are very moderate. During the late war, when the French finances were extremely diihefed, by capture of their mcrchant-veflels, and interruption of trade with their fugar ifiands; the duties, ordinary and extraordinary, u pon their Mufcovado fugars ex ported from Hifpaniola, amounted to no more than fixpence fterling per hundred weight, about a fixtieth part of the value. Aml, that eveu their taxes may operate for advancement of the colo nies, they who begin new plantations are exempted from them The duties upon the export of their produce at the iflands, and at its import into France, are next to nothing, hardly making to. gether two per cent. What commodities go to them, pay no duties at.all.-The cafe in our ifla.nds is very ditferent. The duties on our fugars are about one third ; and, 011 rum, about two thirds [o] I hope it will not be thougl\t impertinent, here to obferve, that the code, or volume. of als efqffembfy, publibed in the year 17 56, and which is the only printed code extant, was not publilhed : by

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70 JAM AICA., e H A P. vr. ChiefJzylice. H IS pol: is of great trufi, and the utmol: confequence to the : we11-being of this colo11y. We are under infinite obliga tions to the minil:ry, for having abfiained hitherto from interfering with tl;iis appointment. W ere they to fopply it with necef-. fitous retainers to the law from home, I hould from that moment date the ruin of this colon y. The court of this officer has com prehended i n it, matters of common plea, king's.bench, and ex. chequer; but the far g-reater part of the bufinefs is grounded on the cul:oms, the policy, and equitable laws of Jamaica; the un derl:anding of all which judicially and perfetly requires a long redeQce in rbe iland, confi~nt habitudes of public buG.nefs, and by authority, nor under fanction of the houfe of afembly. This book contains the public ats then in force and nnexpired, beginning in the year 168 r, and ending at 17 5 3; and the number of thee are 199. No book of the laws has been publifed fince; though the number is now prodigioufly : increafed. Ir mult needs happen, that fome or other of thefe Jaws are frequently pleaded; and, therefore, to be exhibited, or read, in the different courts of law, in a variety of caufes inftuted. But, as thefe laws were not printed by authority, and contain many errors of the prefs, ancl other mi. frakes; the courts in Jamaica will not foffer them to be given in evidence, but compel the parties to take copies from the manufcript laws, 011 record in the fecretary's office: which pratice is attended with a very heavy, though a necefary, expence to the fuitors, ancl deferves the attention of the affembly; who ought to apply the remedy. They might (for example) fencl to England a copy of al! the laws in force (taken from the rec:ords in the fecretary's oftice, and carefully examined ancl correted by a fpecial committer, to be appointecl for thut purpofe), to be there printed accurately: and, u pon return of them 111 print, they might be re-examined, the errors (if any) coneted, and yublihed by authority of the houfe in a table, which might be inferted in a bill to be then pafed 'the legHlature of the ifland, empowering ancl ordering al! judges, juil:ices, &c. to admit that printed code as authentic, and to be pleaded and given in evidence before them. So necefary a work ought not to be overlooked: for the laws of any country cannot be made too pul~lic; in Jamaica particu; larly, where every planter ancl man of bufinefs has frcquent occafion to confult them, they ought to be in every one's hands. But, when the courts of jui1ice refofe thoe already printed, becaufe of their incorrectnefs, they become uelefs to the fubje[t; for, not knowing wherein they are erro : neous, he may be liable tp foffer greatly, if he depends on their authenticity; and therefore que fons whether h~ fhould pay any regard to them at ali. But even this printed code might be ren dered ufefol, by comparing it under authority of the houfe, and corre3fog it carefolly by the ori, ginal q1anufcripts, publihing the errata, or corre{l:ions, in a fhort bill yafed for that encl, which e\rery p.erfon might bind into his volum,e; and, by the fame bil], thefe printed laws, with the proper ,. corretions being made, might be duly authorized.-The laws of the vVindward iflancls are printed ~!qer _authority of their legilature,-:Jamaica, I belie'w'.e, is ahnoft .the only exception to this rnle. no

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B O O K I. C HA P. VI. 71 no mean abilities. His falary, charged on the revenue, is only I 20/. per annum; but his fees and perquifes of office are con fiderable, though by no means too much for fupporting the dignity and independency of it. He hould be entirely free in his mind, and independent in bis circuml:ances, that he may adminifl:et jufiice without fear or favour. He ought, therefore, to hold his office quamdiu Je bene g~/Jerit; as the judge5 in Great-Britain hold theirs. An al: was pafied in the iland for this purpofe in the year I 7 5 r, but difallowed by the crown; fo that the tenure of it l:ill continues durante bene placito. He ought not to be a member of the council; for, as he is ex offi,cio called up to advife the go vernor and council in tbe appeal court of errors, he hould not vote there on matters which he has already prejudged in the court below. Perhaps, it would be better, if he was excluded from the afembly alfo ; that he might apply bis whole time to the arduous duties of bis place, and not be liable to have his judgement \varped by influence, or his paffions heated by the cabals and wranglings of party. I can call to mind more than one chief-jul:ice difplaced, by an imperious governor, for no other caufe than the having voted in afembly according to their confcience. Ought the chief dif penfer of law and jufiice to be fubjel:ed to fuch a tyranny? or be left to l:agger between the infocurity of a lucrative pol: on the one hand, and the dit ates of bis confcience and honel:y on the other r It is difgraceful to government, and baneful to private as well as public virtue and honour. Whether a gentleman of tank and fortune in the iland, or a barril:er, is the more prorer man to fill this place, is a quelion that feems to have been refolved, by a courfe of near one hundred years experiencc, in favour of the for mer. I do not recollel: more than one ar two inl:ances of a lawyer appointed to it. ,As the bulk of our ilancl laws were for the mol: part framed by perfons not educated to the pral:ice of the law, but by plain well-meaning pbnters, who confulted more the general in terel:s of the country, than finely-turned periods, and accurate phrafeology; fo we find them, or at leal: many of them, fo loofely worded, as not to bear the nice and fu btle dil:inl:ions atte :1 ded to by the gentlemen of the long robe; confequently, if a mere hack neyed lawyer becomes the expoitor of them and
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/ J A M A I C A. intention, he will be apt to treat them according to the courfe of his ufo al pra8:ice, or w hat happens to Le the modi(h pra8:ice of W minl:e-r-hall; and thus impair their vi g our, explain away their te nour, and fritter them into abfolute nullities, to make room for his own pragmatical fancies and infiitutes. Nothing is more true, than that all men are fallible; and that grave judges are as liable to trip as other men: the many inconl:ent opi11ions, which are to be found in our huge folios of Law Reports, are an unanfwerable argument for this. J udges, who have not the folid principies of the conl:itution, of right and wrong, of truth and reafon, for ever b~fore their eyes, may lean 1nore to the falfe refinements of fo. phil:ry, an
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B O O K I. C HA P. VI. 73 l -ought to be uniform and conil:ent, as far as it is hilrly juft, and confonant to reafon : nothing more than comtnon fenfe, and a fixed refolution to commit no injul:ice, and tolerate no hardiliip under pretence of law, are fofficient to make it fucb. But this Augean fiable requires a virtuous, patriotic heart, and a clear head, to purge it of all its impurities; to throw out all that ufelefs and confufed rubbih of nugatory forms and terms ; to fuffer no fuitor to be in jured through a defe8.: of technical gibberih, or the milake of great A for little a; in all cafes, to !abour at dilinguifhing where a remedy is due, and not to make that a primary confideration which ought only to be a fecondary and fobfidiary one; I mean, that no foitor fhould be aggrieved, or fent away unredreffed, far the fake of an inflexible adherence to what is lyled pral:ice, and to capricious rules, which every judge is left at difcretion to alter, and feems bound by his oath to dipenfe with, or wholly expunge, rather than ~rny wrong be done by an overweening bigotry to them. I have fome reafons which julify me in the foregoing opinion. I think, I have obferved Wel:minler-hall pralice too fondly extolled and carefed in ot r court, from a vain parade and oftentation of regular lawyetjhip. I wih the praB.ice to be rational, and bel-adapted to the frame and welfare of the colony; and that we affimilated our felves in this point, as in our laws, to the mother~ate; rejel:ing what is ufelefs to us, and adopting nothing heterogeneous to the true interel:s of a fociety compoied of indul:rious planters and mcrchants, having a due refpel to their feparate conditions. The judicial funtion, as to confcience ::rnd the exercife of unprejudiced reafon, is alike in both countries. But, if the chief court of law of a val: kingdom is clogged and befet on aH ides with forms, n:iodes, and myfteries of pratice, which, if peculiar or cuftomary to it> are frequently changing their camelion bue, and are many of them confefied to be foperfluous and dilatory, others to be founded on no other law than fome judge's ipfe dixit; why is the admini firation of jufce, in a little colon y, to be manacled a lfo with thefe arbitrary fetters, and interrupted in its free courfe? Cu r ra! le:r,flat )fllititi. Lavv, the law of reafon and jul:ice, fould be ever fpce ding on the wing, to attain its true ends ; it ought not to halt on leaden heels, and loiter by the way~ Gen tlemen of property in the ifland V or.. l. L vl'ill

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7+ J A M A I C A. will ~lways accommodate their judgement juxta teqtmm, bonum, et ffhJtfJ, anc\ be mor(! l:udious for difrovering the truth, and doing what reafon and humanity adjudge to be right, than in making a difplay of prodigious learning and immenfe reading, by fplitting th~ diftinttion between a black and white horfe and a pied horfe, or between a plea and a plea pleaded. I hall readily admit, that, when a gentleman of the i:land duly qualified cannot be found, no perfon will more properly fill this ppft than fome honeft barril:e~, who, by a courfe of fev e r a l years ~xperien~e, is become thoroughly verfed in the laws and cul:oms o( the colony. And, indeed, the inconvenience, that would be likely to follow the appointment of a rigid law yer, might be in great me 4 fore obviated, by joining able affil:ants with him ; who, as they ougbt to be principally feleded from among the mol: fenfible and worthy planters, fo they h9uld have at all times the power of over-ruling the chief's opinion, if it hould be of a textre too exotic for this c]imate. Mr. Wood, who printed the laws in 1716, jnforms us, that, in his time, the chief jul:ice had four or fix "ju
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B O O K I. C H A P. VI. 75 the caprice, the partiality, or iniquity, of fuch an ufurper on the bench : the more fo, as he may become i11 his turn not lefa pliant to a governor's will in many great cafes afleling the fobjels life, liberty, and property, than bis afociates, who are confcious that they hold tbeir puny honours entirely at the governor's pleafre; and not uninformed, that ther want of ability to deferve the pol: conferred upon them mul: be fupplied by the fuperior kill and knowledge of the chief, and compenfated by their ready concur rence in, and fpport of, every arbitrary al: of njul:ice, or vio lence, which may come recom1nended from ther gracious mal:er. lt feems, therefore, for the advantage of the ifland, that the num ber of the judges hould be rel:riB:ed by a law. The office of ati afociate might then become more acceptable to gentlemen of rank and integrity. Such men are not eager to covet places of trufi, in the exercife of which, their delicacy of charal:er and fentiment rnay be lable to futter any blemih or taint by the depravity andig norance of vulgar afociates. Hanfon fays, the chief-jul:1ce is ufoally a man of the bel: qua lity, who is wcll read in the laws of England. '' Hence may be inferred, that the more opulent planters of his time took fome pains, by l:udying the laws of England, to qualify themielves the better for fo a r duous an office. And when we confider; the impor tance of it, not only as it refpets the well-being of the inha:bitants in general, but as it more particularly concerns the fortunes and peceable enjoyments of th e rich, we cannot too much commend the attention and dil i gcnce f thofe gentlemen. To be the difpenfer of jul:ice and happin e fs to a whole community, has always been cfieemed among the highel: honours at which a fubjet can arrve: there is none, I am fure, that hould more excite a worthy and fenfible planter's ambition and purfuit. A competent knowledge in the laws of bis cotmtry, and in books of authority, joined to an expertnefs in the jul: forms of procefs, which are found not unattain able even by rneaner capacities, will enable him to abolih quirk and chicanery ; to m a ke the pratice in his court, what it ought to be, conflent, methodical, and ec1uitable; to difcountenance de iays; give clear expofion of our provincial laws; and hold the fubordinate officers and minil::ers of jul:ice to the l:ri& obfervance L 2 of

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J A M A I C A. of their feveral duties. But, without a previous application to the 1heory of his office, and a fieddy attention aftenvards to the pralice, a gentleman planter, altbough with the befi intentions and mofi: upright heart, may not be compleatly qualified to execute it with honour to himfelf and fatisfatioil to the people. There is, however, an objelion which may be rnade ag:1inl: the appointment of a planter to this office. lt may be faid, that family connexions fobfit among gentlemen of this clafs; and thofe fo extenive that ir \vould be difficult to fix on a man entirely free and unex'."' ceptionable in regard to this point : that the mind of man is fobjet, from the infirmities of human nature, to receive an imprefon of partiality in many cafes, where friendhip, confanguinity, family int~refi, or frnfe of honour, fevera11y a.l upon the pafons ; that, for this reafon, a perfon, prefumed to be un der the impulie of foch motives, is (kemed an incompetent witnefs in mzitters wherein .. that impulfe may pervert bis confcience; and it is as probable, that a falfe judgement, as a falfe tel:imony, may be g~ven w:here the miud is prej udicecl. 011 the other hai:id, it is urged~ tliat a gentleman, liberally ed1..1-. czited in England, and bred to the bar, if he comes hid1er to eanL a fubf:ence by bis profefon, and by merit is advanced in time to ., the office of chief-jul:ice, cannot be fofv,eted of this undue partiality ariGng from fa1nily connexions.; nor be fo little kilkd in the authorities and prall:ice of a law court, as a gent}eman, b.orn and cducated in the iland; that tlie rnaking this pol ;rn o5j e of emu lation and prn:fuit to ab]e, honel:, and experienccd lawyers, may pro ve an encouragement for fuch to come over, and pratl:ife here; by which means, the fupreme court of jul:ice wilI be always fup plied with men learned in the fcieuce, wbofo knowledge wiil be. an acquiGtion to the public fiock, and redound greatly to tlie credit and advantage of the ifland. The obj~lion, as well as the reafons of a contrary tendency, I confefs, have fome weight; nor hall I undertake to de~e 1nine in favour of either fide. Although I muit declare this much, that a truly ho n ei1, diligent, and fenfibJe gen tleman of the country may, by bis application to bufinefs, tecome fr;fficiently qua1i6ed to execute this office, and wi th l:ri8: impar tiality, Yvhich is irnpliccl in the charauer of a trnly honeft man; 2 and

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B O O K l. C HA P. VII. 77 and that an upright, judicious an4 experienced barril.er may fo regulate the pral:ice, as to be e.q_ually eligible [p]. e H A P-. VIL Court of Vice-admiralty. rr H IS was the firl: civil court of jul:ice e-lablihed in the iland. It was conl:ituted in Cromwell's life-time, for ad judication of Spani!h prizes and plunder taken by his fleet on tbis ftation. The court was, for many years, held by two or more commifoners. Ln 17 2 I, is the firl: commiffion on record her~ to one perfon, or afolejudge; which conl:it ution has ever fince been adhered to. Its. jurifdicl:ion comprehends civil and mant1me caufes; and all other matters incidental to tbe high court of ad miralty in Engla"nd. The officers of the court are, a 1 judge, advo cate-general, regil:er, and marhal; who are appointed, either by the lords com1niffioners executing the office of lord high ad[ p] In tbe year r 68 r, the ma:rner of holcli:11g the fpreme court was reformed hy an ad of af-.. fe11ibly ; and it was conftutcd,. with power to take cognizance of all pleas, civil, c-riminal, and rnxed, as fully and arnply as thc courts of king's-be1JCh, conm;ion-pleas, and exchequer, in Eng, )and. The court was dircted to be duly balden at St. Jago de la Vega, and not elew here, once fo cvery three months, and not oftener. Fiv e other judges afociatc were ap-pointcd to the fame court; three of whom-were to 6e of the quornm. Tr.e fevtral inferior courts of comrnon-pkas, in the ditlerent counrry parifhes ancl pre ciJcts, were allowed a jurifdidion in all caues where freebold is not concerncJ, ,:nd the choje in. ntlol! amounts in vale to 2ol. with co!ts, and no more. And, in confcguence of this jurili"c1iou gi\'en to the inferior co mts, the fuprerne court was prohi bted from receivi ng :.my fuit-j or iffuing ;my prxcfo, for any 1rn1tter or caue of aftion under the rnluc of 2 0! When the ii1and, about twelve or thirteen years ago, was divided into three di llil: countics; circuitor aflize comts were appointed for two of th efe countie s; and the fupreme comt continued as before, but with power (like thecomt of king's-b ;nch at -,~:efninit.:r) of jLrdging caufes removed by crriiorm:i from the inferior jurifdictions. Thefc courts are held fom times a year in each county; fo that a coun fits in one or other of the counties every_ month in the y_ear; and al! of th em have a great
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78 J A M A I C A. mirai, in virtue of the l:at. 8 Eliz. cap: 5, which empowers the perfon executing that office to appoint fubl:itutes, vice-admiralty judges, marhals, &c. or by the king's patent under the great fea l. They hold their places during pleafore, and have no falaries : fo that, in time of peace, it is a court of no profit, and of very little if any bufinefs. In England, the judge and advocate-ge neral have confiderable falaries. During a war, their emoluments depend wholly on the number ,of prizes brought into the iland for adjudication; and the jl!tdge's fees on captures from the enemy have ufuaUy been reg ulated by the prize-laws; which allowed, [ s. d. For condemning every vefel under 100 tons, and} 1 d IQ o o 11otca1me, For every undaimed vefol above that burthen, 15 o o Some years ago, this buine(s' mufi have been exce edingly lucra .. 1:ive. In 1697, Sir William Beel:on, then principal judge or <:omilil.iilioner, el:ablihed the followiug table af fees: [, s. d~ On th.e condemnation or acquittal of every } 3 10 o veHe1, --011 the firl: 1 oo/. value ()f vefiel and goods} condemned, whether captured from the 0 0 enemy, or feized for breach of the al:s :> oftrade, And for every other 1 oo /. vah~e, --1 o 'O per cent. According to this rule, the judges foes on a rich St. Domingo hip, w.or.th 30,000!. woul
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B O O K I. CH A P. VII. 79a man of much virtue and integrity, if he maintains his confcience and honour unfullied by corruption, in a feat, to which bribes may approach with fecrecy, and be received with impunity, at leal: in this world. lf fuch falaries were etablihed, there would remain lefs proba ... bility of this traffic; and government might be eafily reimburfed, by a very fmall tax on the value of the captures. This would not only be far more beneficia! for the captors than the prefent mode, but conduce fo much to the purity and independency of the court,. as to make us wih that fome regulation of this kind may hereafter be ena:ed by parliament. In refpec to the judge, if an honel: man, he mul: prefer a certain and honourable proviGon to a precarious fubifience, earned iu fuch a way as renders him obnoxious to fuf picion and calumny; or, if he hould happen to be not overfcrupu lous in his confcience, he will have the lefs temptation or induce ment to be dihoneft. C H A P. VIII. S E C T. I.. Pub!ic Ojficer.r. "\'1 ]IT HO UT dou-bt,'' fays Davenant, '' it nrnl: be very pre" IV judicial, both to the Southern and Nonhern colonies, that '' many offi.ces and places of trul: there lhou.ld be granted by patent '-' to perfons in England, with liberty t0, execute fuch employment.s by deputies. By w h ich m e ans, they are generally farmed. out to '"' indigent perfons, who grind and fteece the people: fo that, al" though many of the inhabitants are rich, fober,. and j,udicious '-' men ; yet they are excluded from offices of trufi, except fuch as ,, are charo-eable in the execution ; which isinconfil:ent with ali the b rules of well-governing a country." There is, I am forry to own, too much of propbetic truth in this remark. The natives in our co.lonies, as if profcribed for fome defe.l of ability or : good-1norals, ca1rnot, without the utmol: difficulty ,. crecp into any lucrative em-. ploym cnts. Having little, if any, interefr among the dilributors of office ,.

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So J A 1\,1 A I C A. office, tliey are driven to an humble dil:ance; whence they have the mortification of obferving the progrefs to wealth of thofe more fa voured fobjets, who are fent acrofa the ocean to pamper themfelves on the fatnefs of their land. The mol: lucrative offices in this iland ( the governor's excepted) are granted by the crown to perfons re fiding in England, and by thefe patentees are farmed or rented to deputies and fub-deputies ating in Jamaica, who remit annually fe veral thoufand pounds to their principals. The rent of thefe de putations being fcrewed u p to the ver y highel: pitcb, fome of the officers have made no fcruple formerly to exert their utmol: indul:ry towards enlarging their fees and perquifites at the expence of the aggrieved inhabitants. Before thefe places became fo profitab1e as to be objets of fuffici ~ nt value to the minil:ry for gratifying their de pendents, the afiembly made fome attempts to rel:rain t.he pa tentee-s. In 1699, they paled, '' An aB: to oblige patentees of offices to re '"' fide in the iland.'' 1711, An at to prevent any perfon from holding two or more H offices of profit in tae i'land.'' 1715, An al: with the fame title. The advantage of having fo rnany good places at difpofal was not : to be yielded up fo eafily. Of courfe, the als were difallowed at home; and thefe engrolers were fuffered to roam at Jarge without con.troul : for fuch has b::en the cornbination of their power and in terel:, that they feemed to monopolize the ear of adminil:ration, a nd, like a well-compa&ed phalanx, defied every attack that could be made u pon them by the people in our colon y A committee of the affembly, ap pointed in 1765 to inquire in.to ,the l:ate of fees demanded and taken in the different public offices, r.eported,, '-' that the fees exated by the ofticers, under pretence of ufage and cul:om, were in many inl:ances four times greater than '"'' allowed by law ; and, in general, all or mol: of them were cbarg.ed much more .than the law warranted: that,, by fuch illegal "and unjul:i.fiable means, the public had been impofcd upon and greatly injured; and large fums had been raifed upon them con trary to law: that thefe impofitions were chiefly in confequence '"' ..of the large annual rents paid by the deputies to their princi pals "' refiding

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BOOK l. CHAP. VI1L ,~ refiding in England, who; upon every new deputation or ap pointment, ufall y raifed the rent of their offices: that the p:i tentees in England fet up their deputations at au8:ion or public vendue; and the perfon who bids mol:, and offers the bel: fe curity in England for dl1e paym~nt of rent, confl:antly obtains the preference: that thefe exorbitant rents neceflarily compelleq. the deputies to feek an indemnification for themfelves, by extort~ ing increafed fees from the people of the iland ; in order that they might not lofe by undertaking the deputation s, or at leaft not be unable to pay their rent." To thefe charges the deputies replied, that the fees were el:ablihed by a law pafled in the year 171 r ; ince which period, the neceffaries of life, as well as the wages of their clerks, had confiderably rifen in their price; fof which reafon, their additional fees taken by cul:om were not exorbitant. The afiembly, on the other hand, affirmed, that, fi.nce the pailing of that law, the bufinefs in all the offices ,vas fo coni-: derably increafed, that, if the deputies did not bind themfelves to pay fuch enormous rents, or if the patentees thmfelves were to refide and execute their refpetive offices, the fees efraLlihed by law would attord a very adequate and liberal proviGon. This rejoinder on the part of the affembly, it was inl:ed, is fo {hil:ly true and conclufive, that not one of the officers could re fute it. It was further alledged, th,'}} this i.fl'and were hamefully abufed by the patentees, who fat clown with the utmol: comfort to the enjoyment of tbeir inecures, equally regardlefs of the fuf~ ferings and complaints of the country, or of their own dihonoui in the extortions which they pral:ifed themfelves, or countenanced in others, and which are faid to be now grown to fch an excefs,_ as to demand fome fpcedy and ettel:ual remedy. Thc people com plain, that the rent of one office has, in a fcw years, been wound up ,from 700!. to I ~ool. fierling per annum, exclufivc of a gratuity of 700 l. by \vay of fine, u pon every renewal of the term. The dc puty, who was the bel: bidder, ancl became the purchafer of this bargain, kncw c.xtr_emely well, tbat he could not, confilently with bis legal profits, afford to give fo high a rent; but he was in focb. circuml:ances, that, if 2000/. had been aked, he would have con fented to give it, rather than forego the profpet: of a gentecl liveV OL. I. 11 lihood.

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. ~:: 82 J A M A I C A. lihood. The patentee perhaps imagined, that, having raifecf it fo high, it would not fall lower; and that he might hope to mount it ftill higher by degrees, adding 5 o/. or I oo l. u pon every new lea[e-; In the pamphlet written and publihed by the patriotic Mr. V--n, a Jamaica-man reads, with many a igh, of the infamous. traffic carried on by bargain and fale of thefe patents and deputations; which, like the arms belonging to the family of fome antient Bri:. ton, are fplit and btanched out into a multitude of patch-work quarterings. And, as if the rent and fine exal:ed from the deputies were not fufficiently unreafonable, fome of their /Egyptian tak. inafiers ha v e infrl:ed (ex abundanti) on an annual fupply of turtie, madeira wine, rum, and veetmeats ? That the public may form a clearer judgement on thefe fats, I hall fiate the profits yearly arifing from fome of the principal offices. And, firH, the feore t ary's, which, a.bout the year 1720, was farmed by the patentee at 700!. per annum, althoug h raifed finceto more than double that fum. This officer is a great pluralil:: he executes no lefs than nine different emplo_yments; which, having been (as well as fome other offices) originally combined in one. perfon, during the in fancy Qf our civil conl:it:ution, when the inhabitants were few iu number; and the public bufinefs very trifling, have neverfin ce been fevered from bis patent; al;tugh the feparate profits are now, from the inc reafe oftkpeople property, fufficient to give a com. petency to almol: as many different individuals as the.re are employments. He is fe cretary of the ifland;, clerk of the enrollments and record s, clerk of the council, clerk of the court of ei:rors, clerk of the court of ordinary, clerk of the committee 9 f corrtf_pondence, affociate-judge on trials per commiffiop for piracy commifary-general of the iland, and notary-publc, befides fome other duties relative to trq,de, perfons lea.ving the iland, &c wbich are comprehended under the general office of fecre.ta_ry. Jamaica currency l s. J. The grofs profit ~ ofthefe offices was, communibus annij, 6 soo o o Contingent charges, according to the highel: eftimate, 1400 o q ---Which, dedul:ed, lea ve the. clear profit of -51 o,o 0: o I T~

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B O O K l. C HA P. VIII. 83 [ s. d. The firft deputy's moiety of the grofs profit was Out of which was to be paid to the patentee bis} annuity of 1500/. l:erling, which is, Jamaica currency, ---3250 2100 o o o o --u50 o o This deputy, finding bis quota fo much reduced,} infifted on the additional fum of 300/. fterlingper 420 o o annum from the fecond deputy : Jamaica currency, is ------Total of the irft deputy's hare, 1570 o o The al:ing or fecond deputfs-grofs moiety was3250 o o Out of whic~ he was to pay the firft deputy, as be-} 420 0 0 fore-ment1oned, -------283-0 -O o And all the charges of clerks, paper, &c. incident} to the execution of the office, fuppofed to amount 14-00 o o to~bout--------Total of the fecond deputy's hare, 1430 o o The feveral proportions of the net proceeds were, therefore, di vided as follows : f. s. d. To the patentee, refiding in} .. England,--2100 O O Firl:
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J A M A I C A. fident in the iland, and fatisfied with only the legal fees as a com penfation for his trouble in the execution. The account would then ftand tlms: Grofs profits of the office, By the charges of execul tion ( which, in a great meafure, would depend upon himfelf), as he l might fave the wages 1 and perquifites of an 1 head-clerk, by bis own { attendance at the ofj fice (which would l lefen the annual expence at leal: 400 l.), Iallow---J [, s. d, 3250 o o 1400 o o s. Remains, for the paten-} 8 8 1 ,.o o o or l:erling 1321 6r tee s fupport, -., z Surely, here is a very fufficient annual provifion, not only to main tain the officer as a gentleman, but ( with modera te reconomy) to afford a furp1us for being laid up and improved into a capital for tune. Admitting, that fome particular fee-s may be rated, by the law, rather too inadequate to the duty performed; yet, upon the whole annual bufinefs taken colletively, the profs of the office feem adequate, and even fuch as may fopport the patentee in a l:yle of living foperior to a planter of the iland poffeffing an el:ate of one hundred hogheads of fugar per armum. A governor may alledge,. that the emoluments of his pol: are infofficient for the fupport of bis dignity, becaufe bis chancery fees amount only to 50!. a year In both cafes, the aggregate fees, arifing from every branch of the bufinefs, are to be confidered as formi1:g all'taget.her a very ample recompence and provifion. I mul beg le:we in this place to off-era hint, that, if ever a new fee law hould be framed, thefe following points ought not to. efcape notice. All fee s which 1night b ear hard upon new fett1ers, and

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B O O K I. c H A P. VIII. a:rrd the poorer inhabitants, ough.t to be made extremely m : odrate. Such are, the fees on patents, plats, and dockets of la n d ; oi1 marriage.licences, naturalizations, wills, iuventories, :rnd tbe l i ke. The refl:ril:ions on mal:'ers of certain foreign veifols, to give bond," "enter and clear," to purcha[e let-paifes and perrnits,'' ougbt to be utterly abolihed, and amends made to the refpclive public officers, by enlargiug the fees 011 otber articles that might bel: admit of. it. To retur.n: I have bted the JCT il g deputy's iucome (ccording to the fees now taken)*t 1430/. per annum; and I am perfuaded that it is rated too low, becaufe the contingencies of the office do not (I have good reafon to believe) exceed 1000/.; and, if this is the fal:, his income, to be nearer the truth, hould be efiimated at I 830/. Jamaica currency. It is evident, that wheh a foture patentee hall raife his rent to 2000 l. l:erling, or 500/ more than it now is, this will ca.ufo a redu8:ion in the deputy's gains from 1830/.to1130!. Unable, therefore, to mainTn himfel(in the fame ftyle as before,. the deputy will necefarily be chiven to expedients for bringing his income to the former fl:auclard, and naturally fall upon the very fame means purfued fo fue~ cefsfolly by his predecefors in office, viz. new ex:acl:ions, and in~ creafed charges, ]evied 011 the purfes of the people: in which pro ceedure, he may not only be fopported by his ; principals at homt, who will be fo much interel:ed in his behalf for their owu fakes, but will think it worth while .to contribute largely towards dcfend ing himfelf againl: all the force of colouy fa.ws and public clamour in the proper place. A late deputy in one of thefe offices paid a yearly rent charge of roo l l:erling. for his proportion only of expence in defending the common caufe of the patentees ag a infi: the public complaints. Vi/ ell, therefore, might the al.embly with concem obferve, that the money, wreled from tbe people by thefe officers, had been mol: fata1ly and foccefsfolly employecl in defence of their exa8:ions; and that, combined together by a fenfo of their comrnon danger in fuch cafes, enriched w ith public fpoil, and thoroughly heltered by the irrefil:ible inter v ention of no!t' "profequi, th e y will in the end fubdue all oppofion, and continue "to give the faw to their fellow fubje ctS ." On ;

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J A M A I C ~ A. On .an ex-amination into-the clerk of the court'.s ffice, anno l i6J ) ... 1vir.. Bontein, the late derk, honel:ly dedared, that Jamaica currency l. s. d. "The grofa prfits of tlre office, -atcording to the} fees ei1ablifhed by a fpecial aa of aflembly 9500 o o pafod in his favour, were per zmnum a b out _.,___ -. That the whole expel)ces of the offi.ce ( p atentee } ...._ lfOo b -0 and every thing elfe 0 cluded) we-re ab o ut _.__ ., _______ ..___ _____ The dep u ty's clear income was, there fo re, 8000 o o lile further decbred, that the fees, exteeding thofe} ... allowed by the Jaw of 1711, amounted to a bout 3000 o o sooo/ T his fom be i ng therefore dedutl:ed, ----------". We find what the. clear profit would have been to} the deputy, according -. to the fees eftablihed by 5000 o o this lal: mentioned law, viz. -. -----~ And we may infer [q], the afembly were perfuaded, in com~ ..pliment to Mr. Bontein, to pafs an aa in his favour; fince his pro ~ion, under the law of 1 7 1 r, was already fo exceeding ample; it being equal.to 1571/ 8.r. 6d. fierling, Mr. Gordon, who had officiated as a clerk in this office fince Mr. Bontein's deputation .expired, faid, T hat the grofs profits of it per court were about} 1800/.; and~ as t:here are four general courts in the year, th1s amounts to .:,__ To which may be added for the ailiz e courts, -The contingent charges he reckoned thus; viz. To wages of clerks, &c. [,. s. d. 612 o o o o [.,. s. d 7200 o o 1000 O O 8200 o o To the patentee, for rent, To the fame, in prefents, Tum, turtle,} fweetmeats, &c. 420 168 b O ) I 200 o o -----------------Remains ele ar for the deputy, [q] See this explained iothe note (s], p. 90. 7000 o o According

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C 1-I A P. VIII. ccordi ng to a fiate of the profits under the law of I 71 I, as drawn by Mr. Evans when he was clerk of the court, and there fore very likely not exaggerated,._ J ainaica currency. The grofs profits p er annum were rated at about Out of which dedu8:ing the contingent charges of} cle ~ ks, &c. and patentee, agreeable to Mr. Gordon's eftimate, viz. --[ s. d. 5 2 59 o o 1200 O o --R'.emains for the deputy, ----4050 o o This la.tter account falls fomewhat hort of Mr. Bontein's el:imate. Bt, as Mr. Evans drew his ketch at the time when h was in the exercife of the office, and to ferve a particular purpofe, hs account is not fo much to be relid on as that of Mr~ Bbtein; who was entirely difinterefid on the 9..uefiion, r. and feemed d e firous to conceat nothing from the public inquiry. But,. even admitting the income. according to Mr. Evans's computation,.. furely it will be thought, that 40 50,/. (near fierling) is a very adequate provifion for the dep~ty, and for tranfal:ing the bufinefs of this office. It is in1 fal: too much ; and for this reafon it has happened, that four or five difre1;ent penficiners are qu artered upon tbe patent. I have thus p~oved, I think, that the fair and legal in:ome of thfe offices, was .it not diffipated --among fuch a number of claim ants, would be ample, libera], and fully fufficient for the fubfil:ence of.officers atually executing them. And this muft l:rong1y militate ag~inft the plea of increafed price of necefaries.',, \Vhat the parties themfelves may hve thought fofficient is not the quel:ion : bt it mul: be left to difpaffionate and difinterel:ed perfons to adjudge, 'Yhethrtheofficers could have any jufl: caufe 0 forcornplint, that they were not, ccording to the fee law of I 71 r, remun~rated to the full value of their labour. I ~now there were various opinions upon this fubjet i and, I mul: own, I thought with the officers, tilt lhad re-confi.dered it with more attention SECT ~

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'J A ~M A '.J C A,, "'S E 'C T. TI. TE E pb1ic welfare of this iland has, in general, been mol: in:, famoufly negleted by fome of thofe who formerly executed thefo offices. Few, if any, of them, except the provoft-rnarhal, fecre tary, and receiver;.genera], give any fecurity to the public upon ther enter i ng into office; nor s the fecurity given by the former of the three above-mentioned in any degree proportionate to the importance of his trufi. Thus, in fome of them~ judgements, de crees, and proceedings, for duly rccording of which the refpetive deputies had b(;:en fully paid all their foes and demands, legal or illegal, were foffered to remain unrecorded, prornicuouly tumbled in loofe heaps, in the utmoft confofion, and many in this tate ut tedy del:royed by vermin. In four years (from I 7 49 to 17 53) the :alembly granted ~ no lefs than 2850/. 16s. 9d. to deputy-regifiers ., of the court of chancery, for recording loofe papers : and, notwith ftanding this, it 8.ppeartd, (from an account taken in 17 59 (only fix years afterwards), }hat the recording of the proceedings; at that time lying loofe ii the:, office, would cofl: I 600 l. Here then is a clear proof, that, by the iniquity of former regifters, the fuitors of that court had been defrauded of 4450/. 16s. 9d. whi c h they had al:ually paid in fees for rccording their papers, and which thefe officers had perv.::rted to thejr own ufe. Sorne of the alarming confe quences, likely to enfue from fuch breaches of trufi, are well fet Sorth by almoi1: the only honet deputy that ever w as employed in this office[r]. His petition to the affembly in I 763 l-ates, "that, upon taking poffdEon of the office of regiler, and ex:1rni~1ing into the ,, condition tbereof, he found all the proceedings of the faid court, '' for many years pal:, had been promifcuouly heaped togetber, and contnued unrecorded: that the members of the houfe were the befi: judges of what confcquence t might be to the fecurity of "pojfefons, and of many el:ates in th i s iland, to have the proceed ,c ings and decrees of the court preferved; far, if left to remain [r] This gentleman, I have fince heard, tcok the pains to get an aa pafed fer regulating the o ffice, and requiring a [ccui-ity from thc a 'l: ing of c er; a circuml1a nce highly to his h.onour. '' in

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B O O K I. e H A P~ vru. in the confuon in which they then \Ye r e, they 1nul: of necefty ~, be in a very hort time del:royed by vermin: that the peritioner laboured under a great grievance, in as much as, from the con fu(ed l:ate of thofe unrecorded papen;, fometimes himfelf and a "' clerk have been employed four hours, or more, in a fearch which ~, he was obliged to make on tbe requel: of any one, and for which he was allowed by law only jifteen-pence; which he hould have thought a very adequate reward, had the papers been regularly recorded; but their prefent condition was not only attended with ~ inuch hardhip in this refpe: to him, but with great imped .. ment very often to the public bufinefs of his office: that, he apprehended, it would require the labour of many clerks under his dire:ion, for the (pace of two years, to record the faid papers ad proceedings, and perform the other bufinefs befare l:ated,&c'.,. What a frene of iniquity is here laicl open to view A load of papers, the whole of which affe:ed property, and under many of ,vhich a number of el:ates derived their titles to the occupiers, were, by the wilful negligence of the preceding officers of this court, fo enonnouly accumulated, as to require two years conl:ant and diligent attendance of the regil:er, and the labour of feveral clerks, to properly record them. Their breach of duty appears the more criminal, as it was accompanied with downright robbery; for they had been paid their full recording tees by the parties inter el:ed in thefe papers, and yet left the bunefs unperformed far which the money was paid. By thefe means were the parties hamefolly defrauded; and man y of them driven to very great difficulty in dif. covering their titles. Sorne of the decrees were wholly loft, and ali the rel: in hourly danger of becoming an heap of rubbih; whilft the fuccefior to thefe delinquents was put to very great hardhip and expence of time in fearches, and the difrharge of bis duty greeable to law. I can find no terms fufficiently expreffive of foch complicated treachery and wickednefs. Mnch, indeed, of the odium of thefe tranfgreffions hould properly fall to the hare of fuch governors, whofe perfonal example of rapacity, and inattention to the public we]fare of the ifland, invited every inf~rior oflicer to thefo mercenary pral:ices; whill: it fecured the regil:er from all apprchenion of difcovery and di(~raceful removal, vvhich the inVor.. I. N tegrity

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,I J A M A I C A. tegrity of an upright and alive chancellor would certainly have efteled. Tbe frequent arbitrary difolutions and interruptions, purpofely thrown in the way to perplex afomblies, hindered the[e inquifors from making timely and firit fearch into fuch abufes at their firl: progrefs; and thus left the offenders at free liberty to perfevere in their crimes without any effetual rehaint. When a governor, like the main pring of a watch, is faulty, every fubor dinate movement in the political machine becomes proportionably difordered and irregular. An honel: and difcerning governor, by the energy of bis exa1111)le, and the l:ern terror of bis virtues and penetration;may render mauy a penal law ufelefs, by preventing the com.tnilion of offences; but an iniquitous .ind rapacious one labours all he can to make them u[elefs, by defeating their ends, and ob firuting their executiou. In the clerk of the court's office the like grievance has been often a fobje'r-matter of the public complaint. It was found, upon an inquiry made not many years ago, that upwards of eighteen thoufand judgements temaned unrecorded in that otfice [s }, exclu five of a very great number which had at different times been lol: or milaid by negligence of the officers. In the fecretary's office there feems to have been lefs fraud, and more attention, than in any other. The books and papers have in general been kept with due care, and the deeds, &c. regularly recorded. The caufe of which perhaps has been, that, feeing this office was jufily regarded as of the utmol: importance to public and to private property; fo the laws of afiembly have fubjeted the officer to a multitude of heavy penalties, and to large fecurities, in order to force him to be fedu ous and faithful in the difrharge of his numerous duties. The provol: madhal's office is the capital or imperial grievance. The affembly, upon enquiry in the year 1763 into the manner of exe cuting tbis office, found the books kept in fo obfcure and unintelli gible a method, that it was extremely difficult, if not impo:ilible, for the fuitors to trace out what fmns of money had been levied and received upon their writs. Acc.o~ding to the fyl:em upon which [s] It was on this account, as I am lately informed, that the afembly pafed the at before mentioned in Mr. Bontein's favour; which raife
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B O O K I. C HA P. VIII. 91 it had been for fome time conduled, it was al:ully become a public nuiancc; the debtor gained no redultion of
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92 J A M A I e A. had received by fale of levies, and had not paid into bis office. Many of thefe deputies had, at times, been 3 or 4000/. in arrear; fo that bis profit, ariing fro1n the interel: alone of the fuitors money, mul: have been very coniderable. They bought up g~eat part of the levies they made for one half their real value, by meaos of colluive fales, to the great injury of the debtor. The goods they feized, or the bribes they accepted, if they confled of ex. portable commodities, were generally hipped to Great-Britain for fale; a cargo was imported in return: upan which, they continued to trade; ::rnd, in the courfe of two or thrce years, if they met with no !oles, found means to treble their capital, which was l:ill ad vancing fo long as they could maintain their footing in the office: and, in all this time, the creditor was excluded from bis money, by fititious returns, and pretended transfers to prior judgements. The chief deputy, having, by bis quarterly fettlements, fo large a revenue of compound interel: flowing in from their fereral ar rearages, was contented to wink at their corruption and traffic, by which he became a reciproca} gainer. They acquired, befide~,. a very large profit in gratuities, given by angry creditors to perfecute their debtor-s; and by debtors, on the other hand, to make a frivo ... Jous levy, or a tarde return to the writ, and fo to del ay from court to court. In this ambidexterous dealing the chief deputy hewed an ativity perfelly equal to that of bis fbalterns. The chief de puty, as high heriff of the ifland, is neceiarily invel:ed with very great power, either to do much good, or much mi(chief. It would not be inconfifient with the duty of bis office, hould he interpofe that power, on particular emergencies, to hield a poor and indu firious fettler from the unteeling tyranny of a ravenous creditor. It would be even laudable in him, to fo(pend, or at leal mitigate, the rigour of bis authority, in ali cafes where the fevere execution of it might facrifice the entire liberty and property of an honel: man, to gratify fome in hu.man Shylock with the diabolical pleafore of feafi ing over the difirefs and mifery of his fellow creature. But, when th~ officer cannot be prevailed upon to do this gratuitouly, he lofes all the merit which ought to accompany the ation. It is certainly beneficent and humane, if not abfolutely incumbent on him, to oblige his feveral deputies to execute th~ir writs in the manner leaft 7 diflreffing_

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B O O K I. C H A P. VIII. 93 dilreffing to the planter, in!lead of leaving them at foll 1.iberty to ravage and plunder all around them, like the favage Cofacks of a Rufan army. The welfare of the colony requires his utmol: at tention to this point; th.-t, whill: he is endeavouring to procure fo tisfation for the creditor agreeably to jul:ice, he may not harrafs and impoverih indul:rious men beyond the limits of jul:ice in merey. Our laws, which give the creditor a remedy for recovering bis juft demands, are all mild and favourable to the debtor, from the very firll: inftution Qf the fuit againft him. He is to have due notice of the al:ion by fummons, that he may not fuffer by j udgemenrs furreptitioul y obtained, and that he may have time to prepare for bis defence. All thofe chattels, which from their nature are mofr dfen:tial to the fupport of his el:ate, are direted not to be taken in execution, when other effets of infer.ior kind and lefs importance are offered. The goods, when attached in execution, are foffercd to.. remain in the defendant's pofiefon for a fpace of near three months that he may make his contrats, and fell them to the bdt advantage If the marhal makes a levy u pon writ of. venditioni exponas ( which focceeds the writ of execution),he is to fell it publicly; and the plaintiff is entitled to payment on his levy within ten days nex t after the fak. One would conclude, that every provifion which humanity or jul:ice can require is implied in thefe laws : tlrny wou1d forely be anf werable to the utmol: deire of either party, if they were duly enforced, according t,J their fpirit and intention But the vnit of execution (for fome time el:eemcd a mere writ of grace) has i{foed on1y for form's fake: the marl1al has madc a fic titiou.s return to it; and, when the vendifioni ifued, he has leviecl arbitrarily on whatever he could find. Negroes, which ought to be the Ial:, have ufoally been his firl: objeL There is, unfortunately for this colon y, another la.w, the fource of mol: of the evil prac tices comm..itted in this office; which, having gained l:rength by time, is now fo firn11y rooted, that a repeal of it, although clearly for the public advantage, would be attended with great inconveni encies. This law efbbli(hes a preference of paymentupon l:>vieS" in favour of the creditor who obtains the earliel: judgement againl: his debtor. All levies being fobjeB, in the firl: place, to difr:harge of prior judgements, the 111oney, ::ui fiug by fale of the debtor's pro ... p~rt y.,

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J A M A 1 C A. perty, falls of conde into the mariliafs 'hands ar1d is returned into his ofHce, in order that be may app1y it ,(upon examining his b0oks) towards fatisfa ion of tbe prior judgement' creditor. The later or junior creditor gains nothing, therefore, by ifuing his writs from court to court, until the levies made fhereon amount to more than fatisfies all the judgem~nts preceding hi~ own. Sorne rnarhals~ taking the advantage held out to tbem by ths hateful law, have de tained all fuch levied payments in their hands, under various pre tences of applying them according to priority in their books; which boo.ks beingfcarcely intelligible .to any one except the officer and his clerk~, not one of the creditors could probably reap any be nefit from the debtor's dil:refs for many months., and even years. Much explanation is not required to (hew how pernicious this Iaw has befi1, and mul: fiill be, as weH with regard to debtor and cr.edtor, as to the general credit of the iland. Every creditor is obliged (in deference to his own interel: and fecurity) to fue his debtor, and obtain judgement, as foo n as he pofbly can; ancl, a-fter j_udgen1ent is obtained, he mul: likewie proceed to ifue his writ of dil:refs withont ceaing, that he 1nay force payment of ali the prior judgements, raife himfelf higher on the lil, and have a chance of being paid in his turn witbin a reafonable courfe of years. Thefe al:ions are, without doubt, very chargeable and harraffing to :the debtm:. In :0rder to gain time, and damp the ardour of bis opponent, he mufr throw every advantage he can in the w.:1y of the 1 :firl: judgement-creditor, with a view to ke ep him quiet; and :procure his orders to the mar{bal to accept a comp0fitio11 for levies 1 pretend ; ed to be mace, and apply it to the prior writ, that the ju nior creditor may he tircd out, and induced to wait with patience. He 1nul: alfo purchafe the good graces of the officer, that he too ;1nay he per.Cuaded to favour the pla;1. A creditor, involved in fuch difficulties,generally pays from 15 to 20 per cent. on all bis judgement debts, annually, in fees nd deuceurs. vVith fuch an in tercl, the fum is continually increafing its bulk; and in five years tme doubles the original debt. Many a planter, who has played the game, and endeavoured to gain delay by a fyl:em of expedients, has found himfelf qeceived in the end by vain illufions; and his debt fo vollen by imperceptible degrees, as to compel him to give up

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B O O K I. C H A P. VIII. () .) ttp all his property in difcharge of it. Too late be ha s rer c eived, that t would have been better for him to bave refigned it under the original incumbrance, than have toiled through a feries of une a (y hol]rs, and diGngenuous pretences; ince every contri vanee to baffie his creditors has but aggravated the load, and nevcr could lefen it. A merchant in England is placed by this law in a very unequal and unfair fituation; for, in genera], he cannot obtain his judgement, until all or rnoil: of th@ creditors on the fpot have 3ained the l:art 0f him; nor can he be fo early acquainted with his c!ebtor's circuml:ances. Creditors are, under tl~is law, very much in the con;. dition of certain tradefmen, who, as the Hory goes, had for a long time fupplied the wants of a young fpendthrift. \Vearied at length with their importunity, he appointed a particular day and hour, fm each of them to call upon him; and, in the mean while, he pre~ pared an a]phabetical muHer-roll ot their names. As tbe_y car ne one by one, he exbibited his lil:, and alured them of pa_yment in their feveral turns, according to the order of their names Among the rel: was his taylor, whofo name began with a Y. In vain dic;l the poor taylor expolulate with him, and reprefent the injufiice of putting him off to the very lal:, who was not only one of the earliet1, Liut the mol: coniderable of the creditors. I ndee ; i my good friend Y, (replied the other) I am tru ly con cerned for the hardfip of yur cale ; but you may thank the initial of your name for it. l could wi(h, with all my heart, that it had fallen to vour lot to be a l\1r. A, or Mr. B, or even Mr. P. ; but, as the matter ftands, you mul: befeufibk, there is no remedy for you but Chrifl:ian pattence. I remarked, that a repeal of this law might be produtive of rnany public inconveniencies : tbis I rneant in a retrofpel:ive view. Bur, if it hould be repealed in fuch a way as to have no retrofpel: to preceding contrats, and to be refhi.ted to future enes alone; no inconvenience ~would, I think, arife, more efpecia1ly if the re pealing at iould not take effet until a reafonab]e time after its date. Tbe Ceditor under fubfil:ing contrats might, : vith this pro vifo, be a b le to pu t his dcmands on jud 6 ernent; and, in refpec:1 to the d c btor, nO great e r hardibips than what occur at prefont would enfuc. \Vitb r ega rd to future creclitors, and future debtors, only, tbtt

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J A l'vl A I C A. the cafo would b::: altered, and greatly for the better in every circum fiance. The means of delay and fubterfuge being once removed, .men would bc c : mc mo~e cautious of contraling debts; creditors would have a Jure and (peedy mode of recovery, agreeable to jul:ice; tbey would, therefore, be able to vend their merchandize cheaper, and the planter becorne a gai ner in every view ; but in no particular more, than reti:-ievin,g a fair charater and fo1id credit, with an in ..c-reaing ability to ; preferve his fortune, without having recourfe to mean evafions and expenfive bribes. Tbe whole fyfiem of iniquity mufi then very foon .depart from the provol:-marilial's office, becaufe l10 pretext wo-li!ld -rnnain for his detainng the creditor's money an inftc1nt longcr in hi-s hands than the time prefcribed by law; the depc;ty mul: rel: contented with the honel:, legal emoluments of his office ; the patentee with a diminihed rent, and no room be left for :i t.hird penfioner [tJ. So important are tbe advantages which fuch a repeal [[t] The French government confiders a planter, in their ilands, as a Frenchman venturing his Hite, endming a fpecies of banifhment, and undergoing great hardfhips, for the benefit of his country. For which reafon, he has great indulgences fhewn him. : henever, by hurricanes, earthquJkes, or b : d kafons, the planters fuffer, a il:op is put to the rigour of exating creditors; tne few taxes which are levied are remitted ; nnd even money is advanced, to repair their lofes, and fer them forward. To thofe who me pocr, but fht:w a difpoficn to indulry, necefaries and fmall fums are lent, to make a beginning; an
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BO.OK I. C H A P. VIII. 97 repeal may procure to the iland, that every true patriot in it ought to concur in applyiug, without dela y, the proper remedy to thofe Hupendous evils, introduced, continued, and fupported, by the pri ority al:. I luve been led into this digreilion by a deire of point ing out the various obfiacles wbich feem to have prevented this co lony from attaining to that ei1abli!hed credit and fiourifhing con dition to which it might fpeedily arrive by a few fpirited regulations. I hall hereafter take the liberty of noticing other grievances inci dentally; for I feek rather to merit the charal:er of a faithful, ze,1lous advocate for the injured, than that of an entertaining B il-orian. 1n regard to the prefent fobjef, I have chiefly leveled at the patente~s; for I do not think the deputies nearly fo eulpable. They accept a leafe upon terms, which they hore will leave them. fomelittle profit for their fupport. When a man has engaged in one of thefe, it becomes what is commonly called his bread; and he knows that he 1nul toil through fome years before he can ex pel: to fave and lay up fufficient for an independency. U pon the death of bis patentee ( which may happetn poffibly in the firl: year, or even month, of his leafe ), and on the appointment of another, and fo upon the expiration of every term, he is glad to renew bis Ieafe, even at an increafed rent and fine, rather than lofe the office, and with it all his fettled plan s and profpeirth to popular clamour. But where is the line to be drawn with the pateutees ? They live at their eafe in England, go on augmentiug their terms everytvvo or three years, as if the offices \v-ere nothing more than their copyholds of in heritance; ende:1Vouring to make the mol of their time, ~nd to im. prove their annuity, regardlefs of the means, or the confequences. Are they never to be ftopped in tbeir career? The ai1embly of Ja maia may be a:fued, they never will l:op, until compelled; Whenever the next reveron takes place, the fecretary's office will bm with a defign to fhew the propriety of this conclufion; if, uncler ali the difadvantages of "arbitrary rule, the French, by the pure force of a found policy, have condul'ted their planta tions fo fuccefsfolly; whiit degree of vigour and opulence might not our Englih colonies arrive ,~ at, by uniting the fittel1 maxrn, of that policy to om charat1eriitic genius for in
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J A lVlAIC A.. probably be farmed at no lefs than 2000/. :l:erling per annum; ancl the fees will be redoubled upan the people of the iland. Every thing confidered, I cannot propofo a better means to prevent the increafe of this evil, than by paffing a new at, efiablihing the fees of all the ofnces at a reafonab1e, yet liberal rate, abo ve thofe of the law of 171-1 ; taking efpecial care in the framing, that the traufgrefors of it hall not ekape with implinity by the privy do.or of noli prcfequi. But, if this be not approved of, perhaps the yearly application of 1000/. to indemnify the injured fobjets in profe cuting qui tam aEtjons on the law of r 71 I, againl: the violators of that law, .might, in the courfe of feven years, tire out thefe anta gonil:s, and bring them to a reafonable co_mpofion. It would be 110 bad bargain for the public, if they could gain it at the expence of feven, fourteen, or even 21 ,oool. This will appear in a l:ronger light, 011 confidering, that, if the cul:om of doubling the legal fees began only thirty years back, the public of Jamaica has in this time paid 90,000 l. more to one officer alone than was aB:ually la\vfol for that officer to demand or receive. Let this awaken them to a fenfe of their condition, and be an inl:rution to make them provide againfl this growing ca1amity. If they have paid fo mnch in their own wrong to one office, how would the ba lance fwell, if the rel: hould be taken into account It will be un deri1:ood, that I mean notthe perfons executing thefe offices hould be abridge~l of any jul: .or reafonable emolument. I mean only to inculcate, that the e:vil complaine~ of has originated from the pa tentees; who, not knowing when to l:op, or perhaps imagining the honel: profits of the feveral offices to be much greater than whatth.er really are, have conduted themfelves, upon the grant of every new leafo, jul: in the fame manner as if the offices were fo rnany common Englilh farms, to be h.eld under an improving rent. Agreeable to this fallacious notion~ they have refufed to make any other than ver y hort le.afes, and u pon every renewal referved a con fiderable fine; or elfe put up the prem.ifes at venaue, and knocked them off to the higbefr bidder; in this refpet, indeed, they have done what they would naturally have tbought highly improper in the cafe of an Englifh farm. If a perfon in Eugland had applied to on.e of tbeie gentlemen, and pffered to .take a farm of him at a re11.t

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BOOK I. CH A P. VIII. 99 rent \\hich it was ,vell known exceedecl the whole profits, and fured him, that, in order to pay this exceHive rent, and at the fame time be a ble to fubGO: his family, he mul: be forced to rob all his nigh~ours hen-roofts, and H:eal thcir heep; would the gentleman (knowing this as the necefary confequence) be apt to firike the Largain with foch a tenant? if he pofoffod a park of honel:y, I tbink he would not; becaufo, he could not but know, that, by clofing with the offer, he mul:: be fiignntized as an accompl ice, if not a principal, in the fubfequent thefrs to be committed by his tenant Some of the patentees (Ido not fay the prefent) have been con fcious, that the cafo of the Jamaica officers is exceedingly p:1rallel to this example; Lut fo iittle aliamed were they of givng encou ragement where rnoney was tbe obje:, that they only thought bow they might bel: fecure themfolvcs againl: their tenant's infol vency; and accepted the dihonou rable propofal made to them, upon condition that good ecurity houl
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100 J A 1\1 A I e A. would fain perfuade myfelf to believe, that the patentees have never examined this fubjel with the ferioufnefs it deferves; or that they have been never well informed of the true l:ate of their offices; for, otherwife, they would have traced the clamour of the ifland to its ge1rnine fource, and, by fetting an example of moderation in their own pratice, have enabled their deputies to keep within bounds, or have left them without excufe. Their rept:itations are really l:aked u pon the ifue of this matter; and, unlefs they mean to exafperate the inhabitants beyond all for bearance, it is high time they hould enter into fome meafure of accomodation. As the friend of both parties, I venture to propofe the following. Let the law of 1 7 r 1 be revifed. A great autho rity has told us, it is grown obfo1ete, becaufe it was pafed about ixty years ago. The bill of rights, I think, is fomewhat older; the habeas corpus, and magna charta, older l:ill: are thefe alfo gr.own obfolete? But I hall admit (for argument fake), that necef faries of aH kinds are doublecl in this feries of time ; that paper, pens, and ink, are twice as dear as they were in 1711 ; and that, if the officers hould be rel:ri.1ed to the fees of that law, the fecre tary could not exil: on 2000 /. per annum: which would then be about the clear income of his office. Let this be granted, and their fees be el:ablihed at the rates now taken, unlefs too glaringly exo rbitant. Let exorbitancies of this nature be retrenched, and the matter fettled upon the mol: fair and generous allowances. But then let them, in future, be circumfcribed by claufes fo ftrit, that the patentee may be effelually precluded from forther exac tions, by the utter inability of his deputy to comply with them, without breach of the law, and becoming amenable to the very rigorous penalties and punihment, which it hould not only de nounce, but be fully armedto exec.ute. S E C T. III. HAVING occafionally mentioned the at of r7rr, I hall beg leave to introduce here fome account of that al:; which will lead me

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BOOK I. CH AP. VlII. r:o r me to 1urther remarks upon the condul: of thefe offices, and to lay fuch other fat:s before the reader as will ferve to corroborate the preceding detail. To gratify private rancour by cenfring others, is a mol: ignoble and wicked al:. I profefs to have no other view, in tbe recital of public or private mifdemeanors, but that very laudable one of ref cuing fome thoufands of my fellow-fubjeds from the feverel impo fitions : which, as they feem to gather ftrength from the great power and the mifreprefentations of their adverfaries; fo they jul:ify the zeal of every honel: and well-meaning colonift, who endeavours to expofe them in their true colours, and to undeceiv~ thofe who may have been hitherto feduced or mifled by their fallacies. On the I 8th of April, 1 7 I 1, a melage was fent from the houfe of afembly to the then governor, to inquire, whether he had re ceived any accounts relative to an al: lately pfed for regulating fees." On the next day, the governor laid before the houfe a letter from the lords of trade to hm, and another from Mr. Soli citor-general Eyre to the lords of trade, in part approving, and in part finding fault with, the at. Their lordhips letter recommended the paffing a new atr, not liable to Mr. Solicitor'sobjel:ions. U pon which, te houfe proceeded to frame a new bill; which, in May 17 r 1, was pa:ffed in'fo a law, by the governor,council, and afembly; and, on the 30th of April, 1715, was confirmed by his majel:y in council. On the 2 I l of J une, r 76 5, (fifty years after the al: was confirmed as juft mentioned) a reprefentation to the king in council having been made, by feveral of the patentees holding offices in Jamaica, on behalf of themfelves and their deputies; an order was paled at the council-board, fetting forth, '' that the houfe of repre fentatives of Jamaica having thought proper to arraign the con u dul: and jul:ice of the petitioners, to condemn the praB:ice of taking fees, el:ablihed by cul:om and long ufage, and to declare, that, if the public officers hould continue to take the fame, they '' ought to be difplaced and profecuted with the utrnol feverity of '' the law; which declaration; the petitioners aUedged, had excited '' feveral vextious fuits againl: fome of their deputies, grounded upan a proclamation lately ifued in the fa:id iland, which has no '' reference

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, ,'. \~ f (. ,\" toi J A M A I C A "reference to te matter in quefiion, and upon an obfolete at [uJ, paffed in that i land in the year I 7 1 1 ; and that the peti tioners u prayed his majel:y to eftablih, by his order in cou;icil, fuch ~ cul:omary fes as have been of long ufage taken in their refpec" tive offices; orto direB: the governor of Jamaica, with the advice -. "of his council, to el:ablih a table of fuch additional fres to thofe u regulated in the at of 1 7 Ir, as hould appear adequate and com petent to the faid offices in their prefent {bte; and, ., in th.?: mean : 'f time, to fupport the petitioners in their jufi: rights and accfromed H fees, and ftay all proceedings and futs grounded on the faid law of I 711." His majel:y, by advice of his privy-council and lords of trade, orders the governor to exert the powers legally invel:ed in him, for proteting the petitioners, or their deputies, againl: any fuits or aB:ions that may be brought again:l: them upan account of ther having taken fuch fees as haye,. by long ufage, been taken by them, or their predeceiors in office, although the fame hould have ex ... ceeded the rates fettled by the at of I 7 r 1 ; and declares, that he will concur with the legiflature of the iland in any propofition for a revifal of that law, and efiablihing and fixing fuch fees for public officers as lliall be adequate to the prefent l:ate of their bulnefs, .and the circuml:ances -0f the times. There are feveral particulars in the .. foregoing reprefentation fo extraordinary, as to deferve a critica! : attention. The at of 1711, confirmed by the crown in 17 I 5, mul: have regulated the fees on a mol: equitable rate far the patentees; otherwife, iLis fcarcely probable that it would have been confirmed ~. The at, as originally framed, had met with objetions from Mr. So licitor-general. Thefe the afembly removed, by modeling their ll: aB:, agreeable to his own cor~eB:ions ; on which, we may fafely [u] What is ufually 1 and perhaps improperly, calied an obfolete atl:, is thaL which lofes its ef felts confequentialty, by the annihilation of the fobjed itfelf. on whch alone its power could operate. Of this kind are all the al:s concerning feudal tenures, they being rendered obfolete by 1 z Charles.JI. which abqlihes the tenures .themfelves. Where the fu bjelt: is de11royed, the adjunlt: drops of courfe. No law in our conftution can, be properly termed obfolete.-Preface to Ruff head's Statutes athrge. It is proper to obferve, tht our Jamaica, alt: of 17 I I was not, either direfy or viitually, re pealed or fuperfeded by any fbfequent alt:, and therefore continued to be as much in force as when it firl: took effel:, ( The evil complained of was not the fixing and demanding gratuiries for articles of bufinefs nprovided for by this law 1 but the making c.xceffive additions to fees exprefed i n, aod appointed .by, the law .. venture

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B O O K l. C H A P. VIII. venture a conjeture, that the patentees had not been unconfulted. The deputies canformed to this at for fome time. Upon the affi davits af thefe afficers it appears, that they could not :fix the cufiom and ufage of taking additianal fees further back. than 174 3. In l764 we find the afembly making heavy complaints of their ex at:ions upon the public. From 1743 to 1764 is a fpace of no more than twenty-one years; and this is called cul'Om and long ufage. An ufage, or cul:om, in the fenfe by which the law of England has explained it, muft have a continuance, without interruption, ultra memoriam hominis : and a long ufage is l:ill further extended beyond this line. It was therefore determined, that an ufage of twenty-one years in J a"rnaica was exatly the fame as a time immemorial in England, and jul:ified the officers in el:ablihing fees af their own creation ; that an at, paffed only fifty years befare, was foperannu .. ated, and therefore fit to be buried in oblivan. His majel:y and council are defired, not merely to difpenfe with a law, but to declare it void ; and to enat fees by the fole and arbitrary authority of the crown: which implies, that his majel:y in council had as well a right of framing laws to bind the colony, as of refcinding or fuf pending a known law, which had been folemnly confirmed, and never repea1ed by any fubfequent at of legifiature. His majefiy is called upan, in the alternative, to delegate this right, and to order his governor of Jamaica, and the cauncil there, to enal: fuch addi tional fees. A legilative autharity of this nature muft be fuppofed to refide in bis majely and council ; or a petition for tl1e exercife of it mul: appear abfurd and unmeaning: for, if tbe king's power in this refpel: was not fuppofed equal to the authority of the law in quel:ion, nay, tranfcendently fuperior to it; the requel:ing his ma jely to exert a power, or right, which he had not in h~m~ would be not only impertinent, but totally unavailing. h1any difficulties would have acurred, either in recovering fees appointed under fuch a fanl:ion as was required, or in defending al:ions brought againft the deputies, in any court of law, for prefuming to demand and re ceive fuch fees. His majel:y's order in council, inftead of enal:ing ( as was petitioned) a table of fees, offers to conc ur with the Jamaica legiflature in any new law, to be framed upan equitable principles. However rnuch, therefore, the order rnay eem too indulgent to the 6 patentees,

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104 J A M A I C A. patentees, in direl:ing the governor to exert the prerogative in their fopport, againl: a pofive law of the colony, and againl: the fenfe of the houfe of reprefentatives, and to l:-op, by noli profequi, all fuits inl:ituted under that law againfl: delinquent officers; it cer tainly held the prerogative (hil:ly fpeaking) within legal bounds. l ha ve heard, that, when this petition and order carne before the houfe of afiembly, the majority were well inclined to have cm .. braced t h is propofion from the crown, and fo have terminated the difpute, if many among them, ancl even thoe \vho at firf1: were well inclined to favour the officers, had not conceived a difgul: at the tenour of this p e tition to the crown ; which tliey tl10~ 1 ght too dil:atorial, and indi c ant of a difpofion to place the fupreme le gilative p o wer in the hands of the govemor and council : :done, and cither to force the houfe into compliance, or make an order of council, for impofing additional fces, of fuperior validity to an al: of the whole legilature. It was conidered as a direl attack u pon the rights of the aifombly, and treatecl accordiugly. The argmnent of the officers, that all the necet1ries of lite, and con tingent charge s had greatly rifen in their price iuce 17 Ir, which rendered it impof.ble for them to fubil: by the fees as efia .. blifhed in that year ," was plauible; and probably induced bis majel:y in council to afore bis ready concurrence in any new law for regulating and appoiuting foch fees as hould be adequate to the prefent fiate of t he ir bufinefs, and the circuml:ances of the t, times." I have air ea d y, in part, demonl:rated that this argu ment was fallacious in its grounds ; and to my former I hall add fome forther reafons. Although the nece:ffiuies of life had, it is true, increafed in their price from 1 7 I 5 to 1 764, yet this advance of price \vas a mol: incontel:-able proof, that the quantum of their bufinefs had incrc a fed at leal: pari pqlfu. The price of neceifaries mul: ever rife with a multiolication of confumers. That this was ,. the cafe in Jamaica, I hall prefently make appear; and, from the : evidence I hall bring, I trul: that the advanced price of neceifa ries ,vill not be found to have been the original motive for raiing their fees to fuch an enormous pitch; but other caufes, namely, an increaing rent, impofod by the patentees," a difinclination of their deputies to remain fatisfied with moderate gains, and an 7 H eag e-r

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B O O K I. C H A P. VIII. r 0 1 5 eager ambition of acquiring eafy fortunes in a hort time/' Ac cording to a law of the fland,. pafTed in 1693, tbe prices of fndry kinds of meat were fixed and regolated. In the year 1764, when the oflicers adopted this argument, rneats were in.creafed in price, fince r 69 3, as follows: IVJ u tton and lamb, Beef, --Vea], --about one half more; about one third ; about one fifth : vvhilft all other butchers rneat, tu.rtle, and fh, continued nearly t the fame price. Houfe-rent, and all the necefaries of life, cxcept thofe imported from Great-Britain, were advanced fumewhat more than one third. Bu t the progre:ilive fettlement and opulence of th~ iland had kept even pace at leal:; and, therefore, mul: be deemed to have influ enced the price of neceffar{es, as I have before foppofed. In 1670 were in this ifLtnd only feventy fugar-works. In I 7 39-, viz. :fixty nine years, they were increafed to four hundred and twenty-nine, or fix times the number. In 1768, viz. twenty-nine years, they were increafed to fix hundred and fifty-one ; or abov one half more than in 1739, and above n.ine times more than in 1670: and the l:ock of Negroes, about one thi,rd in the twenty-nine years; ami to above fixteen times the number computed .in r 670. This great progre( .. five augmentation of property an~ wea1th had, doubtlefs, a cor refpondent effel: upon the trade and commerce f the iland, fo ternal and externa}; and confequently enlarged, to a prodigious de gree, all the bufinefs of every public office, whether for matters of transfer, fale, debt, law, records, or trade and navigation. From 172 8 to I 764 ( thirty-fix years ), the export of fugar was increafed three-fourths ; and the hipping proportionably. Thus we may reafonably, and upon the mol: moderate average, fay, that pro perty in the iland has augmented, fince 1711, in the ratio of at leaft three to one; and that proviions of the iland growth have not, on an average, advanced fo mue? as one half their price frnce I 69 3. In other words, the bufinefs of the public offices has in creafed, with our augmentation of trade and property, to three times more, and the necefaries of life have not rifen to inore than one half, what they were when the fee-law pafed. The plea, there.._ fore, of the officers muft, from this fair frate of the matter, appear VoL. L P to

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J A M A I C A. to have been frivolous and untenable. It will feem not lefa fo, if we apply thefe calculations to the year I 7 4 3 ; at which period, the deputies, according to their own tefmony, began firft to devi-ate from the law confirmed by the crown only twenty-eight years be fore. But, granting their plea to be in part admiffible, that the : rates of ali necefaries had greatly increafed, and their b ufinefs not grown more enlarged, and for this reafon become lefs profitable, ( which, I think, would be a folecifm in pol-itical arithmetic); fti11: this diminution of profit could give them a jul: pretence for only exalting their fees in a proportionable meafure, or about one third more. W e hall now examine, how fcrupulot1ly thcy have adhered even to this proportion. By the at of 1 7 1 1,, The collet1:or's fee, for ente~ing and dearing vefels} trading beyond the tropic of Cancer, is fixed at The colletor therefore, in 1764, hould not have} exceeded three times that f um, or :But, by the ex.aminations taken in 1764 by the1 houfe of afembl-y, it appeared, that, in the lal:mentioned year, the collel:or had demanded and taken, for entry and ~learance of a NorthAmerican vefel ( very near twenty times as : much as the legal fee), no lefs than --J That, in 173 7,. and for feveral years preceding, and} to the year 17 4 3, the naval officer demanded a.nd r~ceived for his fee, on entering and clearing, a vefel from G.ueat-Britain, -.--This was an excefs beyond the legal fee; but, in} 1-764, it was found to have been increafed to [, s. d. o s o o 15 o 4 1 7 6 ::: 1.6 3 5 I 3 The rent of this office about 1737, and for feveral fubfequent years,. paid to the patentee, was 200/. l:erling per annum. The fee, there. fore, having been raifed, from 1743 to 1764 (twenty-one years), to. near thrice the firl: rate, induces a prefumption, that the patentee had gradually raifed his rent in the like proportion; and that bis ex ation on his deputies from time to time, and additions 1nade upori every new appointment, urged the deputy (for the time being) to en1.arge bis fe e s. In 1737 no f.ee was paid at the comptroller's office-. This..

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B O O K I. C H A P. VIII. 107 This officer, having none aHowed by law, re::eived an annual fa. 1ary of 200!. in Eeu thereof. The fidl: fom taken at this office was five foillings, demanded by one of the clerks, by way of a perquifite to himfelf: this was afterwards raifed to 6s. 3 d. then to 1 r s. .1 of d.; and lally converted into an el:abliilied fce of 1 l. 3 s. 9 d. All or mol: of the other officers had committed the like excefes as I have already related. Their general plan of ope ration was uniform; nd the origin of their exal:ions nearly fimilar~ His majel:y's prodamation, which was ifued in Jamaica on the 29th of September, 17 64, is in thefe worcls : Forafmuch as we have received frequent complaints, that feve ,, ral public officers, in our colonies and plantations in America, have taken and received, by colour of their feveral officcs, fo 11., dry ex.orbitant fees for b_ufinefs tranfaled therein ; and whereas, from reprefentations lately made to us, there is reafon to appre ,, bend, that fuch unwarrantable demands and exalions l:ill con tinue in fome of our colonies, particularly on the furvey and pafng of patents for land; we have the julel: indignation at fuch hameful and illegal pralices, which do not only dihonour our fervice, but alfo operate to the prejudice of the public interel, by obl:rull:ing the fpeedy fettlement of our colonies: in order, u therefore, to tel:ify our utmol: difpleafure towards foch unwar rantable and dihommrable pral:ices, and, as far as in us lies, to prevent the continuance thereof, and the evil confequences arifing therefrom; we have thought fit to ifue this our royal procla1na tion, utterl y prohibiting and forbidding all foch pral-ices for the future. And we do hereby order, cornmand, and l:rlly enjo1n and require, all public offi.cers whatfoever, in this our iland of Jamaica, that they, nor any of thern, do not prefurne to demand, or receive, from any of our loving fubjels, or any other perfon whatfoever, any other foes for public bufinefs tranfaled in their r_efpetive offices, than what have been el:ablihed by proper au thority, on pain of our highefl: difpleafure. And it is our royal "will and pleafure, that every officer, who !hall demand, or ree ceive., ariy other than the fees hereby allowed, !hall be forthwith '' removed from his faid office, and hall be profecuted by our at P z ~' torney

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J A M A I C A. torney general of this our ifland, for fuch his al:ion, with the ut mol: feverity of the law." We have foen, that the patentees, in their petition to the king, affinned to his majeHy, that tbis proclamati.on had no reference to the matter in queHion," .;. e. their fees; though it appears, in tbe plainel: :md moc exprefs terms, to be pointed at them; and, with refpet to Jamaica, could have no probable reference to any other. Ir is true, the proclamation notices particularly the ex aB:ions on forveys and patents for lands ;" b ut it clearly applies alfo to every other exation, for it includes all public officers whatfoever," and all public buGnefs tranfaled at their re fpe&ive offices." lt upbraids thcir pratices in the fhongel: terms of cenfore, calling them '' unwarrantable, fhamefol, illegal,. "dihonourable ;" and threatens them with his m ~el:y's '' high e:l: difpleafure,'' removal from office," ancl profecution with the utmol: rigor of the law ," if they hould prefme to demand or recei.ve any other feea" than u.rhat have becn efl:abli(hed by proper authority." Surdy, we ought to fuppofe, th,it the proclamation extends its meaning, not_ only to one fet of public officers, but to all in general, without exception. To draw a dif ferent condufion; is to charge bis majel:y with being parta!; as fe verely punifoin-g fom-e few officers, and conniving at a.U tbe rei1, alth0ugh guilty of the fame offences, in equ.al, 0r, rn.ay be, in a greater excefs; which woukl be an aB: of injul:ice highly digrace .. ful to majdly, and, indeod, repugnant to every principle of com. mon equi.ty. It cannot be wondered, if the pai:ties in Jamaica, who had 6-een recently aggrieved by fucb opprefons, and fought re-p.refs by law, unde-dlood the procJamati-on to be of a general uature, a nd to allude t-o every tranfgreffing officer. It was fo con hued by the governor, by tbe houfo of reprefentatives, tJ1e attorney general, and the judges [ w ], until the patentees had, by the power of their [~av] The proclamation was ifo ed by the go,;ernor the 29th of Septernber, r,:--6+, In OEtober, or November, he attorney-general re.ceived orders from bis excellency to commcnce profrcutions agaiut the col!ector, naval off-u::er, and deputy-fecretary, for exac1ions contrary to Iaw," and filed informations agant them in court accordiugly on the 30th of November. On the 28th of November~ the afembly harJ pafd an addres of thauks to hi, excel!eucy. for the ileps he had already raken towards carrying into executi.on his 111ajely's gracious proclamation ;" and ex prdfed their confidence, that the fame would effe.:1:ually be put in execution, by fonhwith re" moving

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... B O O K 1. C HA. P. VIII. their interel:, fucceeded fo well, as to obtain the arder of his ma je:l:y in council before-mentioned; in confequence of which, feveral al:ions, that had been in:l:ituted, were Hopped by noli profequi; and the complainants obliged to fit down unredre:fod; but with this further agravation of hardhp, that they had been entrapped, by the terms of the proclamation, to expend from two to three hun dred pounds each, in the vain hope of bringing the offenders to ju:l:ice. The proclamation had re:l:ril:ed the delinquents to fuch fees alone, as had been el:ablihed on proper authority." But they had no antho-rty whatever, except their own will and plea fure, for elabli(hing their exorbitancies; thefe were even founded neither 011 ufage nor prefcription ; for I have hewn, that they had not exi:l:ed above twenty-one years~ They had originally arife!l by trifling deviations from the al: of 17 r 1 ; fo finall at fidl:, per haps, as not to deferve oppofition; or fo modG:i11y demanded, as not to provoke it: at length, they grew to furpafs all lirnits, and were neither required, nor paid, without frequent altercation and difpute. Had this then any colour in it of legal ufage? The only proper authority, on \vhich their ju:l: fees could l~e el:ablihed, wa s fome known law: the law of 1711,. which regulated and declarecl their fees, was this proper authority; there exi:l:ed no otber law for the purpofe. With refpet then to Jamaica, it follows, that., by the very ter.ms of the proclamation, they were tied down to de .. mand and take no other fees tban what that law allowed them. Is it not :l:rnnge, therefore, that, in lefs tban a twdvemonth following this pofitive injunl:ion, the opinion and juclgement of things fhould, upan an interel:ecl mifreprefentation, Le fo totally changed and pcr verted, as to fofpend the effel:s of the proclamation; to concur with the parties in deeming thc law obfolete; and, forther, even to rafy fuch exal:ions, intG:mperate as tbey \Vere beyond ali bounds moving from their oflices, and direling the attorney-genera! to profccute, all fuch oflicc1 cr their deputies, as hould take or rcceirn other than their legal fces.'' In J uly, 1765, his ex cellency informed the attorney-general, that he mul: not procecd to trial of tl:e informations againl: the public officers, :is a copy of the report of the lords of trade and plant a tion s to the "lords committee ofthe privy-council, was come to bis hands; and th:it he daily expectcJ, in con fequence rhereof, an arder from the king in council to himfel( to puta lop to thc proie 'cl itions.'' Not long after this, the attorncy-general receive
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... IIO J A .lvl A I C A. of moderation, and grown intolerably grievous and detrimental both to the planting ancl trading interel:? It is no lefs al:onihing than true, that they found me,ms to bring all this to pafs; and we cannot but lament, that fome among them eem to have extended the mifchief l:ill further, and to have beguiled even the parliament into their alliance. In 1 76 5, the fame ye ar in which the king' s 'Order in council was obtained, we find an ad of parliament pafed, declaring, '' the col lelors, and other officers of bis majefiy's colonies or plantations in America, entitled to dcmand and receive fuch fees as they and their predecefors were entitled to demand and receive on or before the 29th cf September, r 764: provided the fees fo taken are not "' contrary to thc exprefs diretion of any at of parliament made '' in Grcat-Britain. And, if no fees have been received by any comptroller of his majel:y's cul:oms; or if the comptroller's fees, 41 rcceived before the faid 29th of September, have not been equal to one third part of the fees received by the colletor; it hall be lawful for the comptroller to demand and receive, for his fees, a fom equal to one third part of the fees received as aforefaid, by "' fuch colletor, for the like bufinefa. And every fuch officer hall '' be entitled to the fome remedy, for recovery of fuch fees as here tofore allowed to any colletor, comptroller, or other officer ; any law, bye-law, or other at of afiembly, made in the faid planta ,, tions, to the contrary notwithlanding.'' The penalty inflited for exating greater fees" is, for the .fidl: offence, '' fifty pounds,'' and, for the fecond offence, removal from office." Here are the flrongel marks poffible to convince us, that this claufe was con ceived and nourihed, in its embryo fl:ate, by fome of the Jamaica patentees, and at length uhered forth into light and life by their fenatorial accoucheurs. I befare obferved, that no fees had bren pro vided by law for the comptroller; and I gave a hort narrative of the means from which his perquiites originated. I likewife informed the reader, that bis rnajely's proclamation iifued on the 29th of September, 1764. Is it not evident, then, that this claufe was meant to give a provifion to the comptroller, which he had not befare by any fecure title? and to confirm that officer, and his bre thren of the culom-houfe, in fafe and perfel: future enjoyment of their

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B O O K L CH A P. VllI. TI I tbeir refpeB:ive fees, at the very rates to which they had raied them by exal:ion befare the 29 th of September, when the procla mation ifii.1ed ?, and that this proclarnation was to be und-::rl:ood as the line of bouudary, or a notice to them, not to exal't any further. for the prefen t, hut remain fatisfied ( as they migh t well be), for fome time, with the then enormous advance of them ; and this too with a non oijlante to any colony law, or at of affembly;: which falvo feemed purpofe]y intended as a home thrul: to the Jamaica al of 17 I I ? Our p1antation, mer.chants may weH inveigh againfi, and de plore, the exG>rbitancy of that influence, which has obtained a con firmation (i fear in perpetuity} of thefu exal: ions, and thus fal:en~d a mofl: ponderous and opprefiive dog upon trade and !hipping1which, in all probability,. may Rever be taken off again. The fame prevailing faBion found means, in I 770, to get the. foregoing firengthened ,vith another clau(e. The naval officer, it feems, had not been exprefsly induded in the former. It was highly fitting, that this gentleman too hould be gratified. It is, : therefore, enatl:ed, (by el. ii. cap. 37. 1 o Geo. III.) 1 that where -. "' as difputes had arifen, in fome of the ports of A merica, whe ther the naval officers ,vere entitled to dem a nd and rcceive fuch "' fees as were ufually taken by them and their predecefI)rs befare the : "29th of September, I'764 1 every collector, comptroller ; and other officer of his majel:y's cui1om .s, and every naval officet "' in the faid Britih colonies, after the 1 fl: day of A ugul:, I 770, "'hall be deemed to be entitled to, and hall and may la"l.vfolly "' demand and receive, foch fees as they and their predecdfors repec" tively were and had been generally and ufoally accul:o.med t(? de-. '' mand., take, and receive, before thefaid 29th of September, l 7 h 4 ; '' any Jaw, bye-law, or other ac of affombly, made in the faid plan tations, to the contrary notwithl:anding." Thefe c1aufes make a fpecious offer of jul:ice, by denouncing a penalty of 50 !. on of. ficers exceeding their ufual fees. But it is, indeed, a mere offer, ancl nothing more ; fince neither t.hey declare, nor
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112 J A M A I C A. From the year 1725 to 1765, the ornee of comptroller in Ja maica was executcd fucceffively by no lefa than ten different de puties. How, then, will any injured man be encouraged to profe cute a depu ty for exalion, incc he mul: bring pofitive evidence ( or be nonfoit), that the fee, allcdged to be taken, is greater than was ufually taken befare the 29th of Scptember, I 764? Or how is a court of jufiice to decide the ccrtan ufage, in a matter w hich has been fo variable, unfott.led, and unccrtain? The remedy, I confefs, appears to me very fimilar, in its operatian, to thofe quack me .. dicines, which prove more noxious to the patient than the difeafe hfelf. Of all the different exations I have pointed out, there are not any which admit of lefa palliation than thofe pralifed by the officers of the cufioms; for they very materially affet the trade and navigat.ion of Great-Britain. It is remarked by fome political writers, and upon the mol: rational grounds, tbat the advantageg gained over us by the French in point of trade, and by which they have been principally enabled to worm us out of fome very capital branchcs, are chiefly to be afcribed to their comparatively low port charges : and it is a complaint, and a very ferious one, among the Britih merchants trading to _T amaica, that, by reafon of the high port charges of that iland, they are every year great lofers in their concern with hipping; infomuch tbat, if it was not for the necefty they are under of employing bottoms to bring home that produce which is to pay their loaus and balances, they would be difcouraged from fending any vefel to the ifland, on inere fpeculation, for freight. It is with concern, therefore, we find the parliament, without purfuing any inquiry or examination (as far as appears) by w hich they might come to the knowledge of fal:s, thus precipitately confenting to grant a loofe and general ratification of thofe extortions in particular, which are difiinguihed from the rel: by the fuperior mifchief of their effel:s. Perhaps, nay I am well affured that, if they had taken pains to be duly informed of the truth, they would have oppofed this manreuvre with the ut rnol: indignation. How far our public officers in general may have outfiretched their fraternity in the other colonies, I know not; but I have reafon to believe, that, in the offices of the cufioms, -they exceed the others beyond all comparifon. That I may not feem to 3 alledge

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13 O O K l. C H A P. VIII. I I 3 atledge this from prejudice: or finil:er motives, I hall put it moro beyond doubt by the following authentic examples. Jamaica currency. [,. s. d. Polly, Chril:opher Winn mal:er, inward 6 18 1 Dec. I 76 2,-Port c harges at Philadephia, on the} from London, with bale goods; outvvard, for Jamaica, with provifions, &c. Jan. 1763, Port charges at K1ngl:on, in Ja-} maica, on the abcve vefiel, inward from Phi37 I 3 I ladelphia, outward for Europe, -17 6 5, Port charges at Kingfion, in Jamaica, on} the brig Favourite, William Shaftoe mal:er, in31 ward from Dublin, outward for Penfacola, 4 9 I 766, Port charges at Barbadoes,on the fow Hap-} py, Jonathan Harrifon maler, inward from 16 J Africa, outward for Great Britain, -o 8 I ,vould ak any difpaffionate man, if it be poffible for trade to flourih under fuch unconfcionable burthens. The amazing dif ference between the port charges of this and of the neighbouring col~nies mul: appear unjul:ifiable, not\\-ithitanding any pretenfion of ufage; for no other caufe can, I belic.ve, be affigned, wby the charges at Jamaica ought to be fo immodt:rately higher tban thofe of other plantations in the vVel:-Indies, or North-America; as lttle reafon can be given, why the merchant owners and traders, connel:ed with that iland, ihould be grievoufly burthened and taxed, to raife a tribute for the patentees and their dcputies. We remain uninformed of any particular merit; or any eminent fer vices effel:ed to the nation, for whic:h thete gentlemen have been honoured vth fuch dilinguihing tokens of parliamentary favour. It is much to be defed, tbat parliament would re-confider this im portant matter, and proceed, not upon tbe foggeflions of a few in terel:ed men, but on the great and patriotic maxim'> of the com rnercial interel: of the kingdom and colouies; and, after a due and fair enquiry, e.l:ablifh fees for the port officers upon n equal, reafonable plan, throughout all thee remate parts of the Britih em pire. It may with truth be affirmed, that nothing can tend more to V oL .. I. Q bring

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I L} J A M A I C A. bring the fupreme wifdom of parliament into conf.mpt among th~ people of our colonies, and to create a fpirit of difaffeaion, ancL. even hatred, than an appearance of neglet and inattention on the part of government to their efential interel:s ; whilfi, at the fame time, there is manifel:ed a degree of zeal in rewardiug all thofo who petition for it, with a povv-er of committing tyranny, ravage, ahd infult, over their perfons and properties. Thcir penfi.oners and op prelors ha.ve never wanted able advocates and -reprefentatives. A go vernment, blind to their fufferings, and deaf to their complaints, may excite them to defpife, refent, or oppofo it.s injul:ice; but neve.r can concliate their reverence and el:eem. C H A P. IX ..llgent. T HE keeping a perfon in Great Britain under the title of agent for the iland," is an indication of the little know ledge which either miniflers or parliament formerly had of the co lony affairs and interel:s; otherwife there could have been no ne ceffity that the colonies hould maintain an agent, at a yearly ex pence, for the purpofe of foliciting the pafage of bills, explaining their expediency, obviating the impofition of ruinous duties on their 2rticles of produce, poin ting out the means of extending and im proving thofe articles, and for praying removal of grievances. The colonies found, by experience, that, in order to be fuccefsful on thefe occafions, it was proper to make friends at court ; or at leal: appoint a refident, or plenipo, in London, to negociate for them; their dil:ance from the mother country being fo remate, that their voice became unnoticed, far want of fome inl:rumental medium, which, like a fpeaking trumpet, might render it articul.ate to mii1il:e rial ears. The N orth-Americans and \Vefi-Indians may well laugh at Mr. Orenville's ludicrous idea of a virtual rcprefentation in the houfe o.f commons ; while they fee thernfelves cornpelled, like the conquered provincials of ancient Rome, to employ cieputies,

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BOOK I. CH A P. IX. ties, and hire orators, for explaining their gri~vances, foliciting and pleading their caufe with Ccefar and ~he fenate. Tbe B r itih con fiitution has admitted ene cJafa only of repref e ntatives; who are per fonally deputed and appointed by their c o nftuents, by a formal in ftrument in writing, to aa: and vote for them : the ingredients, ne-: ceffary to make the appointment legal, are fimi l ar to thofe which vel: a due and general powcr of attorney. Our colon.y agents are a fort of reprefentatives, but (in fome refpets) o f a lefs p e rfel: ap po,intment. In Jamaica they are confiituted by an al:, tbe tide of which ufually has been., for foliciting the paffing of la~s and other the public affairs of the iland; and impo w ering certain mem bei:s of the council and afembly, du nng the intervals of a!Tembly, from time to time, as occaion a 11 be, t o gi l'e in'1rul: i ons for bis rnanagement." But this delegation, to a perfo n w ho is no mem ber of the Britiili legilature, does by n o means co rr efpond in ufe or efficacy to a reprefentative duly chafen, and empowered to fit and vote in the houfe of commons: he can approach no nearer than to their bar, and there humbly prefer the fuit of his conl:ituents, \like any other fopplicant: he enjoys not the right or power of de liberating, or debating. In Crpmwell's parliament, ihe colonies had fomewhat of a virtual reprefentative; a felet and fianding com mittee being appoin~ed for the fpecial purp o f e s of reporting ther ; condition, and propounding means for their b et ter i m provement a nd fecurity. Acommittee of this fort, permane n tly el:abliibed i n the houfe of commons, would doubtlefs prove of very gre~t public utility, bot--h to Great Britain and to her colonies; more part ic larly as it \.Vould in courfe bring .. that houfe acquainted with, a va riety of plantation affairs, of which, upan every quel:ion r elative to thefe dil:ant parts of the empire, they feem to have been but little informed. I may he permitted to fay, that, as we have adopted the navigation aB:, fo we might, 011 the fame principie of n ational good, embrace any other branch of th at ufurper's fyl:em which is recomrtlended by the goodnefs and fitnefs of its po licy Befare a regular agent 1-vas appointed for the people of J maica, fome gentlemen of rank and fortune in Eng l and voluntarily became their patrons and advocates 011 one or two occafions of i mportance, and rendered them eminent fervices; for which they Q 2 received

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J A M A I C A. received mol: grateful acknowledgements from the iland. The inhabitants aftenvards obtained leave, from the crown, to appoint one or more agents, for foliciting their public affairs with his m2. jel:y' s minil:ers at the proper boards. The crown, by an inl:ruc tion to tbe governor, ignified its affent; but limited the agent' 3. falary, or allowance, in the whole, to 300/. fierling per annum; which limitation fiill fobil:s. Several inconveniences have arifen from this mode of appointment, which being by an at of aHembly, the council (as a branch of the colony legilature) confiderecl them folves to be parties concerned; ince, havirrg the power of rejetion, they might put their negative on a bill of the affomhly appointing any perfon difagreeable to them. The fuppofed right of exercifirig this p_ower ad !ibitum naturally led them to claim the further right of a joint nomination with the houe of ?:"eprefent:;i.tives; and it has been arrogated on one fide, and denied on the other, \vith equal obl:inacy. lt has happened more than once, that the houe bave propofed, and contended for, one perfon; the council, for another ; ~nd, unable to compromife the difpute, at length appoiited 110 one -, to the agency L At othcr times, the council have appointed one agent; the houfe, another: and, not unfrquently, an agent ~has received two fets of inffrul:ions from thefo bodies, of contraditory purport and tendency; fo that, in complying wifli the one, he mul: necefiarily have al:ed inconfilent with the other; or elfe have maintained an inative neutrality ( difobliging to bnth parties), and attended to the orders of neither. Tlius, in the contel: about removing the fe:1t of government frqm St. J ago de la Vega to Kingl:on, the agent was requii-ed by one party to folicit the re moval, and by the other to oppofe it. In another difpute, relative to the p,refenting a petition to his majel:y, which was igped only by the commiffioners of the houfe, and by none of the council ;_ the agent de-elineclto fo l icit it,,_ alledging very truly that it ,vas in. competent, and had not come to him from that authority \vhich by the agency law he was dire[ted to obey. U pon thefo occafions, t-he council laboured under the difficulty ofllot being able to fornifh a falary for a feparate agent, ,vithout an illeg,al mifapplcation of' the revenue money: but, on the other hand, they poi1eifod fome co: t o~ l '.)', er tl'le houfe, by tbe pmver of rejet ion, which enabled .. thern

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n7 mero to frul:rate an appointment of the houfe by law ; and the king's inl:rution gives authority to appoint a public agent in that way, and no other. The houfe have, neverthelefs, the rightof granting, by a vote of credit, a falary to an agcnt, or chargd dn affa11:es; and therefore rctain, in thofe caes where the concunenc;c of the board cannot be obtained u pon eligible tcrrns, a meaus of l:ill adhering to their own choice of a perfon to folicii: for then1. ; but, if the choice hould be very exceptionr,ble, foch an agent (it is probaole) would nct eaily find accefs to the minifl:erial ofti cers at home; although in every other repe[t he 1night be free to negocia te~ In extremity, the houfo pofiefs a more powerfo 1 re fource, in their right of tacking their appointmeut of an agent to B O O K I. CH A P. IX. a principaLmoney-bill ;a meafure, which in truth is irregular, and far this reafon ought not to be applied, except in great emergencies, and when every other jul: and proper method hall have failed of fccefa, and of anfwering the good ends propofed. The councl and afiembly (as I alre;:idy remaaked) have bad varioLlS diHentions upon this fubjet. Thefe v;,-ere aggravated by a claufe in t5e agency law, which made it abfo}utely necefary for one of the council to be prefent, and join with the rel: of the -comrnifoners of correfpondence in framing orders and inl:ru&ions for the ageut, from time to time, during the intervals of alembly. lt: was unforefeen, .. that~ in matters p01r which the two bodies rnight not be unanimous, the commifEoners appointed by the 1 council would al ,vays have it in their power to abfent themfelves on the
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J A 1\ 1 A I C A. of a] l t h e cor i1mifo n e rs, d epu t ed from alembly and counci1, fhould be fi v e ; t { hat, i n c a fe o f a d i ffe rence of opinion between the two bodi es \ v h e r ein each of t he m houl d happen to ,0 d here unanimoufly : to th ei r r ef p e l i v e opi n i o ns, the commiili o ners from each body l1ou1d be em pow er ed t o a l: fe p arate ly. This ac c o mmadation rec tified the m att cr in fome deg r ee ; but lill it i s evid e nt, t b at, whenever fuch a d iv c rf y o f fo n timent hall arjfe as c .i nn ot be fet tled ,. or reccnc i l e d by : the parties t h e mfel ve s i t is not to b e ex p eted that the agent wll p e rform an impo flib i lity ; that is, obey two contrary fets of infu-ulions at the fa me t ime ; un lefa we fppofo him to A:opy ,the example of a barr i e r, i n one o f our infant col o r)es, who, ~ .in the fcarcity oflong rob e s, was o bli ged to argue on both fides or the qucl:ion: Now, gentl e men of the jury, I am counfel for the ," plntiff:" Now, gen t le men, I am counfel for .defendant." In uch a crifis, an b on eft a g e n t wculd do well to exert all that might le in his powe r to w a r ds healing the rupture; or, finding that im, : praticable, he !hould l:ate the guelion on either fide before the fuperior tribunal with the utmofLcandor and impartiality, carefully avoidi~ 1 g to .. throw his own opinion i nto the fcale; or, if he hould not be able to obferve a frrit_ neutrality, he ought to purfue thofe me.afores, and adopt th: judgement on the fobje&, which appear mot agreeable to the general fenfe, apd promife to be mol: condu c ive to the interel: and peac e of the whole iland. By a condut of this nature, he would deerve the thanks of the majo r pa r t of t h e jnhabitants. A dil:intion fould be taken, in the d i fpu t es hap. pening between the twobodies, as to thofe which have no relation to the rel: of the inhabitants, which may properly be c a ll e d idle wrangliog; and thofe important quefiions which mater ia lly,concern ; the public liberty, property, and happinefs. A faithful age n t hould never lofe fight of this difl:intion; nor forget, that the r e p r efentatives of the people can rarely purfue a contel: with the council fo far as to bring it before his m a je11y, of the parliament, fer a final difcuilion, except it comprehends matters of the utm o l: confe~ ,, qu ence to the country; whereas the council, whofe poltic a ex. il:cnce is differently founded, and whofe imag in ation s h av e too oten been inflated with a fond deire of alienatin g themfelv es both ; i n h onours nd intereft, from the r~ftof thr co 0 untrymen may he more

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.. n o o K 1. CH AP. IX. I {9 more liable to perfevere in error. For fome men there are, of fo abjel, fo puerile a fpirit, that, to gain a painted feather, they would readily hazard the deprivation of all thofe thin g s which the wife and virtuous value higher than life itfelf. In the choice of agents, the peop1e of Jamaica have not always bc e n tbe mol: for tunate The obfervations I hav read, refpeting another colony, are in part applicable to them. No prudent man can think, that "a perfon who is not bred up in the bufinefs, and has no interefl:' in the iland, can be fit -for the ofice of agent; nor eve n is a merchant, who has many commifons, to be entrul:ed with it. '' For there is no kind of affairs, that makes a man fo bufy, and H keeps him in fuch continual hurry, as fatorage. lt is, doubt"lefs, proper the agent hould have full lefure to carry on his agency, be a man of fenfe and honour, and one who needs not a borrowed pen to fet forth grievances, and petition for redrefs. How is it poilible any man hould be able to ferve the ifland as he ought to do, who is not fully apprized of her concerns, who do,es not perfeUy underfiand her true interel:, and has other avocations '' of more importance (to him at leafi) than his agency ?" This opinion, however, mul: be underl:ood with fome referve: for al though th~re may be feveral perfons in trade, whofe attention is fo entirely and neceifarily devoted to their merc a ntile bufines, that they an fpare no time for occupations of a diff e rent nature; yet thete are others, who ftand at the head of capital houfes, and have fufficient leifore In fal:, a merchant of good experience is the better qu ali fied by his me.rcantile knowledge for the bufinefa of agency : no one can quicker dicern the bad eifols ivhich any bill dependirig before parl i ament may have u pon the inter els of thc co lony he r e prefents; or can with mo r e propri e ty and we ig ht a p pear : to explain thofe eff e s and poi nt out a n y other o ppr effi on to which the produce or comrne r ce of t h e co1ony may b eco me fuGjel:ed by an inconfidera ~ e m eafur e of t he lc gi flature, or of th e mi nifier. The c1dmi cn of tw el ve pr in c i pal merc h a nt s int o th e French counc il o f c omrn e r cc h2 s a~ \ v a y s b e e :1 r e garde d zi s a m a fi er firoke of polic y ; a nd t h e fo r pr i z i.ng i ncreaie o f Fre n c h trad e pi11g, and coloni es ha s very jufily been da t ed fr o m t he firl: ere i on of tbat council. The inter e H: of a co1ony depend s fo materi a l l y on .,

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120 : J A M A I C A. 011 its prnducrs and commerce, that no man who is ignorant of thetn. can be a proper agent. He who bel: unclerlands them will be mot capable of fervinghis conH-ituents; and they a~e mofi likely to be well acquainted w i th thefe points, whofe profefon naturally leads to tbe knowledge of them. The quaiificat.ions in general, which feem n e cefary to makc an accornplifhed ~gent, are foch a s do not fall to every man's hare. He ought to be a man of re. f p e l:able charater, of polit e and e1.1,gaging addrefs; the duties of his ofEce freqvtntly obliging him to attend th levees of the great, a 11d at the counc i l board : he ought to pofefs a facility of fpeaking, a s well as ,vriting in a correl and n e rvous l:y le: he hould enjoy a reten ti ve men10ry, -in order tu recollel and methodize the com pl icat e d matters entrul:ed to his negociation ; and, joined to thefe, ich prcfence of 1nind, and confidence of deportment, as might e nablc him to be ready in reply to fodden objelios or interro gations, and not liable to Le difcompofed, confounded, or "'"ed i nto a dal:ardly fence. vVith all thefe requifites, he hould, moreover, pofiefs a competent knowledge of the :lbte of the colon y h e repreients; of the laws and cul:oms by which it is governed; it s j udicature s civil and military; its revenue ancl taxes; produce a nd manufalurcs; articles of import and export: its population, a ncl quantity of wal:e and cultivated lands; the nature of its trade a d navigation ; their relation to the emoluments of the mother country, and the rneaus by which they may be extended and im p roved; the general fyl.cm of its policy internal and externa! ; ~ the fi atc of its circulating coin, and credit; and any other circULn { bnces which may lead to difcover wherein it is opprefod :md aggri e ved, or .tbat bave a tendency to fopport its dependence upon Great Britain, to relieve or encourage its planting and commercia i j nterefis, to render it opulent and fl.ourihing, and the people iu dul:rious and happy. Few, perhaps, will take pains to acquire this compreh e nGve Hock of k no w ledge; but it is demonlrably true that an agent ,vill b e vigi!ant, alive, and really ferv i ceable, i n proportion only to the de g ree be has attained of fuch k n owledge. I t is certainly in the power of a mJn, ble:l: with tolerable genius, to pro .cure material information in mol: ofthefe particulars, by reading, in $.uiry, and obfervation ,. As the ~gent may correfpond with the com. mander

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BOOK I. C H A P, 1x. I 2 I m:rnder in chief, and the mol: intelligent gentlemen reident in the colon y, he can obtain from them, as well as from others who may from time to time come to refide in Great Britain, a very exten five and fatisfatory account of moH: tbings relative to it. In n1atters of home trade, as well as the iland imports, he has to :Confult the whole body of merchants concerned therein, and the cul:om-houfe books. Information on feveral political points may be
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/ 122 J A M A I C A. the colon y, has acquired a thorough knowledge of their affairs~ In examining the behaviour of our former agents, we hall percei ve ,. that fome have been fcandalouly fupple and quality-l:ruck; others, mean and rapacious, and fond of foliciting by the mouths of hired advocates; others,over-cautious of giving "his Lordhip'' the fmallel: offence ; of fuch timid fouls, as to be afraid to utter truth, think ing it poffibly more difgul:ful to minil:ers than treafon or blaf phemy: by confequence, averfe to fupport petitions or reman. l:rances againl: evil government; eafily awed by a frown, or duped by a fmile; bunglingly performing the lefs fignificant parts pf their duty, leaving thofe of weight and importance unaccomplihed; and ne ver l:riking out any thing new, fron a well-timed refult of their own devotion tothe good of theironl:ituents. Itis true, thepre fent agent is a gentleman very refpetable for h is good fenfe, and affel:ion for the ifland. In the latter (proved by many importan!J fervices ), he far tranfcends bis predecefors in office; for none o f them have ever hewn fo diinterefied a condut, fuch vigilance to the welfare of the colony reprefented, or fo intelligent and perfel: a comprehenfion of its efetial interel:s: no one, in hort, can have a jul:er claim to the thanks and confidence of the people in Jamaica, or has laboured more to deferve them. But the people of this iland are not fure of having always fo indefatigable and ufeful a reprefenta tive; and it is therefore to be wihed that, in the elel:ion of his fucceffors, they may throw afide all partial and prvate confidera tions, and fuffer their j udgement to move under that firl: and great principle, the public good. This hould be no lefs the motive for bel:owing, than accepting the office; for whenever it hall be granted as a finecure or penfion, remifnefs, negligence, and utter inattention to their cncerns, will1 mol: certainly follow; and the ill execution of the office mufr correfpond with fo improvident a choice. CHAP.

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B O O K l. C HA P. K. C H A P. X. Militia. S E C T. I. I COME next in order, conformably to the plan fhave laid down, to fpeak of our militia. This body s compofed of horfe and foot, and comprehends all perfons from fifteen to fixty years of age. A penalty of forty hillings for each offence is impofed on thofe who continue ix weeks in the iiland unenlifted ; none are exempted from ferving as privates, except the 1nembers of the council and chief-juftice for the time being, or fuch as have at any time aled in thofe ftations, or fuch as bear or have borne military command. The militia of this iland were formerly not inferior to regular troops. The repulfe they gave to the French invaders under Monfieur du Cafe, in 1694, was a fufficient proof of their braver7. The feverity of the mili tia law of 16 8 r, and the ar ticles of war which were frequently put in ufe, contributed much to their training and good difcipline. lt has been obferved, that our modern militia are very diffimilar fro1n their predecefiors. This, if truly the cafe, may be afcribed, firl: 1 to the itrodulion of regular troops upoh our eftablihment; which may be fuppofed to have relaxed the militia difcipline, in confequence of our depend ing almol: folely upon the protetion of thefe regiments: fecondly, to the abfence of many gentlemen of fortune, who choofe to re fide in Great Britain, and whofe perfonal influence might tend much to revive and fupport a martial fpirit among the inhabitants: thirdly, the want of better in.l:itutions, and a more general ha bitude in arms: and laftl y, to the indifcreet commifoning of un q ualified and mean perfons to be officers; which I have before re marked as a very detrimental abufe of the prerogative. The fmaller ilands are in general moft open to attack, and mol: eafy redu cible by a foreign power which has become mafier of the fea coaft. R 2 Yet

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J A M A 1 C A. Yet there are fome examples of ilands, which have ontained fch a multitude of inlets, and whofe interna! dil:riB:s werc fo wcll co vered with mountainous fal:neles, and other unafailable bulwarks of nature, that the inhabitants, afi:er being driven from the borders, have found opportunities of fupplying themfelves with plenty of ammunition, and of maintaining the heart of the country for a long time, even perhaps until the invaders, wearied out with am bufcades and furprifes, have been glad to retreat from a place which. they failed of bringing under total fubjeB:ion. The ifland of Cor. fica furnihes an inl:ance of this kind ; where the amazing efforts of an handfllll of brave men, cooped up within a rocky, moun tainous dil:riB:, hve hewn how much is in the power of a. bold an~ hardy militia to effet, in fuch advantageous pol:~ ag,ainl: the ablel: officers and beft-difciplined foldiers. The ancient Caledoni qns and the vV elh, fecmed their liberty by the like means -Qur ifland of Jamaica poleles imilar advantages of fituation in an. eminent degree. lt would be impraB:icable perhaps for a fleet oF hips fo to blockade it, as to prevent fupplies of arms and ammu. nition from being fecretly conveyed into it, in fmall V(tffels, by fome one or other of its numerous inlets.. The midland parts are wonderfully ferti-Ie, and capa ble of fpply ing immenfe quantities of provi fion; and, at the fame time, fo defenible, by acclivities, woods, and difficult pafies, that an army of the beH: regular troops would not find it an eaf_y tak to diflodge a very finall band of well provided and intrepid opponents. We have fome proof of ths, from the tedious and expenfive war, carried on far many years,. with a contemptible gang of N egroes, called "the wild Negroes ;" who kept po[eilion of thefe rece!es, and held out again l: forty times their number, though unfupported duringthe timewithanyfreh fupply of arms orammunition, except what were foldtothem bythe Jews; and at length were a ble to put ;in end to the huggle by a treaty of peace ; the more honourable to them, a&. it confirmed the foll enjoyment of that freedom for which they had fo long and obl:inately con tended. Our ifland b~ing thus firongly fortified by the hands of nature, we hould refleB:, how important it is to us to avail our .. felv.es of this advantageous fuation, and exert fuch precautions, ian the difciplination. and good order of the militia, that f, at any iture

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B O O K J. C H A P. X. futuretime, the regular troops hould be withdrawn from us upon other indifpenfable fervice, or our coa(1: be unprote:ed by a fuffi cient fquadron, the inhabitants might, notwithl:anding a roreign : invafion, find means to keep their ground in the central dil:ril: s of the iland for a long time, until either the enemy hould retirn through a defpair of conquel, ora fuperior armament be difpatched from Great Britain to their relief~ Neither property can be eli gible, nor credit permanently fixed, in a country which, by it s open and defencelefs fiare-, may fallan ~afy prey to every petty in vader. But they will always be refpecrable in an ifland, whofo natural muniments are almol: impregnable; whofe produB:ions for fubflence may with moderare care hecoma inexhaul:ible, anq whofe defenders are pralifed: in arms, brave, and a:ive. So vari .. ous are our refources in Jamaica., that I pe rfuade myfelf eaGly to think, that, with proper management in the application of them, not a11 the united force of France and Span in thefe fe:as can ever reduce this iland to their dominion But, towards preparing ourfelves for an effetive oppofftion, the firl: l:ep neceffary is, to put our miltia under very different re gu1ations from what now prevaiL It is difficult to afcertain the: n umber of fighting men in our iland ; ; becaufe many procure them felves to be fuperfeded,. and, being afterwards not obliged to accept a rank inferior to what they before held, they become exempted from fervice, and are what are called reformadoes. They are a nu '" merous tribe ; and may jufily be reputedthe drones of our hive .. 0thers there :are, who obtain fome mhely nominal office, as a pre text for evading military duty.. l may join to thefe the gunners and matrofes of Port Royal, who refign their pay to the commander o t the fort, that they may remain excufrd from fervice. lt mul: be faid, to the honour of Kingl:on, that tne merchants of that town have always fet an e:xample of alacrity and difcipline to the rel: ofr our ilands: in the uniformity of drefa> gotl>dnefa of accoutrements ,. expertnefs of manre uvres and evolutions, they excel all th e other o f our provincial troops that : l have feen. At the breaking out of the war before lafi upwards of twelve hundred able men appeared o n the parade in that town, under arms and well accoutred, in lefs tha n a n hour's time, onl y fr om the accidental firing of a beacon, wh i ch w.a s 3 ,.

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. J A M A I C A~ was defigned as a fignal upon the approach of an enemy: and, dU, ring the lal: war, they were able to mul:er feveral hundreds more. In general, throughout the iland, the horfe or troopers make the bel: appearance ; and might be of great u(e in harraffing an enemy at landing, or in making forced marches when difpatch is necefary, and an attack made at any confiderable dil:ance from the head-quar ters : but fo little regard is paid to the training of their horfes, that very few are broke to ftand fire; fo that, when a public review is exhibited, it is not unufual to fee a whole fquadron, at the very firl: volley, thrown into diforder, the ranks broken, fome galloping off the field, others laid proftrate; and hats, perriwigs, and arms, fcattered through the air. But even this fpetacle is not fo laughable as the appearanc~ of the foot in fome parts of the iland. They are feen accoutred with fire-arms of unequal fize, fome being of four and others two feet Iength in the barrel ; mufquets, mufquetoons, and fowling-pieces, many of" which are half eaten with rul:; the men unequally matched and ranged, men of four feet height and of fix being jumbled together, clad in difFerent-coloured cloaths, fome in jackets and trowfers, fome in night-caps, others with tye-wigs; and altogether forming fo truly ridiculous a group, as to excite the mirth of even Negroe fpetators. For this reafon, it feems rather impolitic to draw them into view on the king's birth-day, or other ejoicing-day, at which time a clofe compat volley, or Jeu de joye, is to be made. Their firing upon thefe occafions refembles much .more the bouncing and popping of fquibs and crackers, than the regular and JuU difcharge of trained bands. Of fifty pieces, not more perhaps than twenty are found to go off. This may ferve to raife a laugh in the field; but, when t is confidered that, in a time of real danger, fuch men are not to be relied on, that their efforts could produce no folid reflance, and a want of good difcipline has rendered them diffi dent of their powers, and 1iable to panics, and therefore that little, if any, dependence can be placed on them in the day of battle ; -it feems deferving a feriaus attention, that they hould be brought into better order, and put on a refpetable foot ing. To this end, I hall humbly beg leave to recommend fome few hints, leaving their propriety to the unprejudiced judgement of Jnany g entlemen in the ifland, who may poilib~y underl:and military

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B O O K 1. CH A P. X. 127 tary affairs much better than my little experience has enabled me to do. Our elder brothers of the Windward ilands have ever been fa..; mous for the excellence of their militia. I will venture my opinion, that this is more to be afcribed to good laws implicitly obeyed, than to any other caufe. The militia law of Antigua has this preamble: '' Since we are obliged, by all the reafons of honour and interel, to put ourfelves in the bel: pol:ure of defence of which we are ca pable; and ince nothing (next under the good providence of God) can fo effel:ually con tribute to our prefervation, as a fevere, re ,, gular, and conl:ant difcipline, from which no perfon, of any '' rank or el:ate foever, ought to be exempted; it being contrary to '" the principles of natural equity, and therefore as unreafonable to exal:, as abfurd to hope, that men of low fortunes llall chear "' fully fubmit to fatigues and hazards, while thofe who are more ,.e deeply interel:ed in the public welfare refufe to undergo the u fame," &c. A law, founded upon principles fo jul: and ho nourable, needs no encomium. vVhat can be more unreafonable, than to expel: fortitude and al:ivity from men, who are but little interefied in the event of affairs or where is our prudence, in rel:ing the protetion of our lives and properties with thofe who have no property of their own to defend, but have a life to 1ofe Where they can gain nothing, but where their all,. their life, may be lol, we are not to expet they will freely hazard the lofs of. it, if by any means the rifque can be avoided. Nor llould we hope that thefe men will fight our battles, whill: we, like Homer's -, deities, are lolling at our eafe, the 1il:lefs fpel:ators of their conflit Self-prefervation operates as powerfully u pon them as upan us, ex. cept fome other principie is touched, which, by its fuperior al:i.. v-ity, may fufpend, or by its nature or effels be convertible into a motive fo fimilar in appearance as to be mil:aken for it. The love, of gain will often outweigh the love of Efe; -and nothing is more common than to fee men voluntarily fetting a price upon their ]ives,, ,. and expofing their perfons to utmofi danger, for a very trifling pit-, tance. I am induced, therefore, to confider it as a great defel: in our politics, that we have never put our mili tia forces, al:ually employed on ferv~~e during martial law, 011 the fame pay as is given ,: e to

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128 J A M A I C A. to the regular troops. I fpeak only with regard to the private men in each company or regiment ; for I can by no means think it fitting that our officers, who are., or ought to be, men of property, 0 {hou1d ferve like mercenary Swifs. \Ve are certainly not entitled to hope for an anxious defen ce of our perfons and goods, from the lowefi orders of white inhabitants, through the impulfu of public fpirit, or of gratitude to the country thefe are not often very con fpicuo us in more exalted l:ations. The more probable inducement to lead thefe men into the field, and engage them to hazard their bodies chearfully, is an atual and valuable recompence attending -their fervice. We all know, that rnofr of our inferior clafs of people are citizens of the world, men of defperate fortunes, and not of very moral principles. Tbey .are invited by the hopes of profit.: the fame hopes engag.e them to remain with us; and the fame motive alone will probably ever attach them fo firongly to our interel:s, as to make them rifque their Jives freely in defence of the iland. If pay was allowed to thern, they would become really and truly fo]diers. This would bind them in the firmel: manner, by changing what is now a matter of favour into an atual duty; and .the punihment following the breach of it would be equitably and lega]ly infliB:edA The acceptance of pay renders them fubjet to all the juft rules of difciplne ; and efi:ablihes a rational compal: of fervice on the one hand, and reward on the other. The Britilh le gilature, perhaps, for this reafon ( among others), enated, in their late militia law, that the troops, when embodied and during atual fervice hall receive pay as the regulars. I have argued for the utility of this meafure; I hall next confider the equity of it. The annual wages of our 1neaner white fervants are in general mo derate; and the payment of them not l:ritly punl:ual even in a time of tranquillity, much lefs fo during intel:ine commotions ; one certain effet of which muff ever be, that more or lefs confu fion will prevail in every plantation. The troopers and foot are then ufually quartered for guard at taverns, where even common fub fiftence is retailed at a very extravagant price. In times particu larly turbulent (fuch as we experienced during the infurretion in 1761), advantage is taken of the public calamity; and the harpies ~t thefe places fcruple not to aggravate diftre(s, by exal:ing, withaut merey,

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BOOK I. CH A P. X. merey, from their cufiomers. The private men at prefent bear the expences of thefe tavern carnpaigns, unle[s their officer is a perfon of fo much generoity and fortune, as to treat bis cornpany: but this happens not often to be the cafe; nor is it jufi, that, becaufe a few officers have been willing and abfe to defray foch charges, we hould therefore expell: the officers in general to take upon themfelves fo heavy a burthen. I am fufpicious, that, when gen tlemen of fpirit indulge a generofy of this fort, it is much abufed by the men who feai1 at their expence, as well as by the tavern keeper who profits by it; and that they con tribute jointly to f well a mol: exorbitant bill of fare: whereas, if a certain fum was el:a blifhed by the legilature as fufficient for their fubfil:ence, and that fom regularly ifued, agreeable to the ufage of the army, during martial law, the men would make the mol: of their allowance, and the tavern-keeper be care ful not to trul: for more than he knew their pay would admit. 1 -have heatd frequent complaints from the private men of horfe and foot, that their necefary ex pences out of pocket, during the time they were on duty, exceeded in one week the amount of two months wages. And I have known fome few planters fo atro_ciouly bafe, that, on the commencement of law martial, they have difcharged moi1 of their white fervants, to avoid the burthen of paying wages during their abfence on the public fervice: by which means, thefe poor men have been com pelled by law to appear and ferve in arms, but without any other fobil:ence than what they could procure, either by exhaui1ing their own little fiock of money, or by the charitable difpofion of their officcr. If pay was allowed, they would have fomething to earn, fomething whereon to fubfl:; and an encouragement to behave themfelves courageouly. If any thing more remains to in duce the lowcr order to undergo fatin1e and danf!er with chearful. o u nefs, it mul: be the example of their leaders, wbo it is to be wihecl were all men of real property in our iland ; whofe fortunes being at fiake, there is no doubt but this confideration would of itfelf be weighty enough to infpire them with an hernie ardour for their defence. They are not to believe that, whill: they devote them felves to repofe and ina:tivity, their difiillers and overfeers will iight the public battles, or behave writh the fame gallantry as when \T OL~ L S anin1ated

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130 J A M A I C A. anirnated by the prefence, counfel, and applaufe, of their em ployers. Men of fo bl:ance, efpecially fuch as pofofs landed el:ates, are by mol: \Vriters fppofed to be the bel: foldiers, becaufe with a love of their fortunes is joined a ]ove of their country; which will readily prevail on them to dil:inguih themfelves by a better than ordinary behaviour. But, to him who has nothing to lofe, all part-s of the broad world are alike; fo that, u pon being driven fro1n one place, it is no trouble to him to take up bis abode in another; and, whether the public interel:. l:and or fall is to him a matter of perfel: indifference. In mofi countries there are fome men who are indulged with immunity from fervice; but it rnul: be under :l:ood, that fuch immunity continues no longer in force th an whill: there are a fufficient number of other fubjel:s, or of hired forces, in reaclinefs to guard the commonweal: in all cafes of ex tremity, they who have enjoyed this immunity mufi: arm as well as others in the comm_?n defence. And, therefore, at Rome all exceptions from military fervice, allowed to the aged, and to priel:s, ceafed immedately on the expel:ation of a Gaulih invaion. There is no doubt but the clergy ought, in cafes of extreme necef. fity, for the protel:ion of liberty and life,. to take up arms, and by ther example l:imulate others to hazard all that is dear to them for the public good: in fuch circuml:ances, they do not go out to fight as foldiers, but as men bound by the law of nature to repel force by force, and by the law of reafon to defend their own and their wives and childrens lives. By the Roman law, their laves were debarred from carrying arms, and chiefly through an apprehenion of their becoming falfe to the truH repofed in them: but even this only took place while no urgent neceility fubified to difpenfe with it; for it would clearly be the vcry beight of mad nefs, when there is fuch a fcarcity of freeborn fubjets that the enemy is likely to prevail, for a people to choofe rather to becom e aves them~elves, than arm in their defe-nce foch perfous as are already fo. But, in this e1nergency, before laves are e-ntrul:ed with arms, they hould either receive their freedom, or a con ditional promife of it, as the reward of their good behaviour; that fo the memory of that valuable prize, libert_y, united with love to the country which: now they can call theirs, may infpire thern vYith

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B O O K I. C H A P. X. I JI with courage and fidelity. I do not know by what me:rns immu nities from martial fervice have been allowed by our Jamaica law, or countenanced by the public; but 1 fufpet them to be the off fpring of an unmanly pride, lazinefs, or cowardice. By the An tigua aB-, the ordinary 1neetiug to exercife is once in every 1nonth; and whoever appears not on the parade by eight o'clock in the 1norning is deemed abfent. The law exprefsly declares, To the end that fuch meetings may not be ufelefs, through the lazinefs, ignorance, or indulgence of any officer whatever, the following method hall always be puntually obferved: the commanding officer in the field is firfi to exercife all the inferior officers pre. fent at the head of the men; and then to name two of them, of whom. ( once over in bis turn) each is to exercife the com panies on the parade, through the manual, facing, and evolutions. The other officers are not to land in the rear; but mufi go through the ranks, to diret fuch as are ignorant or awkward, and to fee that every motion be performed with grace ancl ex atrn~fs; by which means, every officer will be obliged to qua lify himfelf for bis e1nploy ; and the foldiers pay a 1nore ready obedience to fuch as they are fatisfied know how to command them. The companies are then to be divided into platoons, and prat ife the feveral forts of firings; after which, every officer and foldier is to fire with ball at a target; and, to conclude the whole, the commanding is officer to vvheel the companies by di vifions: and, having formed and reduced them fo often as he hall find neceifary, he is to difmifs them by twel ve o' dock at far thel." Once in every year, there is a general rendezvous of all tbeir forces at a place appointe~ for that purpofe, that the officers and foldiers may be inl:rul:ed in fuch parts of military duty as cannot well be performed by a few companies. Six lver-hilted fword8, with belts of 6/. value, are annually provided, at the pub lic charge, for fuch as hall make the bcl: ix hots at a targtt at the general ren~ezvous; and the fines for abfence, and all other defaults, are then doublecl. The fines for abfence, or appearing without a firelock, are thus rated by the law: S 2 Ce lonel

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J A M A I C A. [, s. d. [, s. d. Col'onel, 3 o o Enfign, o I 5 o Lieutenant-colonel, 2 10 o Se1jeant, o 7 6 Majar, -2 o o Drummer, -o 10 o Captain, I 10 o Private, o 6 o Lieutenant, 1 o o Each Carbineer, o 1 2 6 Thefe fines are difpofed in hares, for the encouragement :of foch fobalterns and privates as the major thinks mol: de[erving. A cer tificate is figned, by thc commanding officer in the field, of the fe veral defaults; by virtue of which, the adjutant is to demand the fine of the delinquent; and, if he refufe s to pay the fame 011 fight of foch certi6cate, a warrant is figned by the colonel of the reg~ ment, or commanding officer of the hode where tlie default was committed, direted to the adjutant, for double the fine ; which the adjutant is by this law authorize.d to levy on the goods and chattels of the offender. A colonel's fine is levied by warrant from the governor of the land. If private foldiers are unable to pay the. fine, they are to ride the wooden horfe, be picquett~d, or tied neck and heels, for one hour. And, becaufe in volunteer fer vice men are generally unwilling to be fe1jeants, corporals, or drummers, they are to be named by any field-officer, and the cap tain of the company for which they are required ; and are obliged to ferve two years in their turn. Their forces conil: entirely of carbineers, who ferve both on foot and horfeback, and of infantry : and, that none may ferve among the carbineers but foch as are en tirely to be depended on, they are ordered to be named by the commander in chief, by advice and confent of his council. The cloathing and accoutremcnts of the officers and privates are ap poi11ted, once in two years, by the commander in chief, \Vth ad ,.ice of a council of war, confil:ing of the field-officers; and the uniform is exprefsly direted, by the law,. to be plain and fervice able. Every otficer of the carbineers mul: be attended with two able and tru!ty N egroe mcn, armed with a good firelock and a harp bill; cvery prvate gentleman of the fame corps, one N cgroe man, equally armed ; and accoutred with red jztckets and black. leathern caps. The articles of war, which form an appendix to the al, are concifo and compreheufive, and may ferve as a model to

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16 O O K I. C H A P. x. 133 to every other Britih colony in the Wel:-Indies. Other al:s make provifion for all fuch foldiers and Negroes as may happen to be maimed in :fight~ The owners of all flaves who are flain are reim burfed, at a fair valuation, out of the public treafury. If a foldier is wounded, the whole charge of his maintenance and cure is de frayed by the public ; and an annuity for life is granted to fuch as have been difabled in the fervice. The widovvs and children of fuch as are flain are provided for and maintained at the public ex pence. For the encouragement of white indented fervants, all fucfo as ha11 be fignaUy courageous in defence of the iland, upon certi ficate under the hands of two of their officers, or other good proof of their behaviour, ar to be freed from fervitude ; and the mal:er 0r mil:refa of fuch fervants is to receive, for the remaining term of their fervice, a qu.antum meruit, to be adjudged by the council and affembly. Thus has the legilature of a ftnall iland previded fuitable remedies agan11 pride,. ignorance, loth, and cowardice. The officers being corppelled to learn the pr.atic parts of military auty, and hare fatigue in common with the privat men, the t1tter become alert and animated in difcip1ine, and readily confide in leaders, of whofe kill they have received frequent tefmony.. The m i nutit:e of drefs, parade, and accoutrements, are fofficiently at tended to; the punihment of defaulters is equal and reafonable ; : the rewa.rds ancl encouragements, politic,, jul:, and benevolent. It is not furprizing, that, under fuch regula:tions, their iflan&has been well guarded, not only againl: invafions, but infurretions; both which will aLwys be enterprifed with the befl: hopes of fuccefo againl: people who are unprepared, irrefolute, and unpraltifed in ; the arts of making a vigorous refil:ar1ce. 1'he policy of the Romans in arming their flaves-, and which was likewife ufed by the Sp.artans and fome other !lates, is, we may obferve,in a limited degree, adopted by thc Antigua law; and it fug gefts to us a means of preventing the French or Spaniards from making conquel: of our iland. 'VVhenever an expedition of tbis nature is to be attempted againft us, we may be affored, the eoemy will foon begin to tamper with our fiaves, and ende;:vour, by pri vate emifaries, or public declaration, to feduce thcm from us to their interel:, by t:he mol: plauible and alluring promifes of freedorn and.

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1 3 4 J A M A 1 e A. and other douceurs. The French pral:ifed this l:ratagem in the year 170 5, when they invaded Ne vis. The inhabitants, over powered by numbers, betook themfelves to the mountain. The enemy, fe~ring they hould never be able to mal:er the iland un les they could reduce the blacks, tempted them by fair promifes to lay dovrn their arms; affuring them, they hould live as well as their mal:ers ; and not a little flattering them with the hopes of liberty, or at leal: a very pleafant, eafy fervitude. U pon this, great part of the flaves fobmitted; and, the French marching to attack the Englih in the mountain, the latter beat a parley, and a capi tulation was concluded; by which they were to be prifoners of war, but to remain in the iland, on procuring a like number of French prifoners to be releafed, by way of cartel, either in Europe or Ame rica: in the mean time, they were to be civilly ufed, and their houfes and fugar-works preferved. But the enemy violated feveral articles of the capitulation, contrary to the law of nations, and ufage of arms; treating the people mol: barbarouly, and burning their houfes and fugar-works. By threats and barbarity, they forced feveral of them to fign a fecond agreement, promifing the enemy, in fix months time, to fend to Martinico a certain number of Negroes, or money in lieu of them. After which, they left the ifland, carrying away about four thoufand Negroes, wh9m they made believe were to pafs to the French fettlements, to live at eafe. But, when they had got them fafe on board, they hut them clown in the hold, and talked of carrying them to the Spanih Wefi-Indies, and feJJing them to the mines; which they intended, and really did. One, however, of thefe Negroes found means to efcape back to the hore ; and, having inforned the remaining blacks how perfidioufly the French had treated their brethren, they took arms, mafaqed all the French in the iland, and thus in part revenged their mal:ers, fofferings. To obviate any machination of this fort, which, if it ,vas to take efFet, would not only l:rengthen the enemy's forces, but exceedingly weaken our defence, by the fervices and intelligence to be gained from fuch a body of deferters, well acquainted with the country and the condition of their mal:ers; a certain n,umher of them might be fet free, and properly armed; and an affurance given, under fanion of the public ~aith, that, in 7 the

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BOOK I. CH A P. X. 1 35 the event f their gallant and honel: behaviour, they hould receive a further reward. The prefiing necefty of the occafion juffies the meafure; which, it is morally probable, would be the means of preventing a dangerous revolt, as well as of preferving the property of the ifland to its natural owners. The whole number of fencibJe Negroe--men laves in our iland may be computed at about fifty-frve thoufand. Of thefe, ten thoufand might be feleB:ed, of the more fenfi.ble, able, and trul:y ; confifng principally of tradefrnen, dri vers, and other head men, who wou]d otherwife be mofi likely to, lilen to the inidious terms thrown out for bait by an enemy, and to inveigle other partifans into their fcheme of defetion. Thefe, being properly armed, might be intermixed with the militia in de tachments, and rendered extremely fe.rviceable, more particularly in notornal furprizes, harraffing kirmifhes, and ambufcading. Many of the other laves, by way of prevention, might be kept employed, either in cultivating provifion, &c. under a guard, for the fubfil:ence of the army, or as pioneers in breaking up roads, or in felling trees, making barricadoe s, and other neceffary works. The forrner owners of thefe new freemen might be entitled to receive frorn the public, on the re-el:ablihment of peace and civil government, a certain value per head, for example, 50/. : the whole fum would then amount to50~000/.currency, or35,714/. 5s. 5d. l:erling;. which, I peri1ade myelf to beli e ve, wou!d mol: chearfully be paid by Great-Britain, if the inhabitants, after the defolation of war, hould fiad themfelves difenabled to raife it by taxes. lt appears to me, that the clafs of Negroes I have propofed could, with lefs danger and fubfequent inconvenience, be freed and armed than any other; becaufe, at the conclufion of the war, they \vmild eafil y return to their former trades and occupations, and i1pport them ( elves b_y theirikill and indul:ry, inl:ead of growu ing burthenfome to the pub-le; which latter is a confequence might very probably happen, from enfranchifing and arming ;m equal number of field t\~egroes; for theCe would require lands, devote them fo lves to alife of eafe, and foon fall into a courfe of favage diforder. Our militia, including other free-men and the 1naroon&.,. might, I think, at a mode r are computation, be reckoned about tvvcl v e thoufand effetive. If then I do not err in this opinion, we may

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} "l :J J A M A I e A. may form, upon any emergency foch as I have mentionecl, a11 army of twenty-two thoufand effetive men; who, properly ftationed, would be enOugh to hold this iland in defpight of any armament likely to be fent againfi it by the French and Spaniards. The very avenue, which leads from Spanih town to Sixteen mile walk and the North fi.de, is fo fortified by nature with l:eep pr.ecipices, and nar row rocky pafages, that a very few difpofions would make it ei ther impaifable to regular troops, or fo capable of flanking and ambuf cading any troops attempting a mar,ch that way, that not one of ten thoufand could hope to reach the end of it ali ve Almol: every other pafage into the mountains is likewife capable of being ob .. firuted, and fortified, with little troub]e or lofs to the attacked,, :but with imminent peril to their afiailants. S E C T. 11. F ROM general obfervations in regard to the imperfel:ion of 'OUr prefent militia, the fuperior propriety of regulations in other colonies, the expediency of a reform in our ifiand, and the facility with which we can ftrengthen and fecure ourfelves againl: all attacks foreign and domel:ic ; I proceed now to fpeak more pre cifely of the means which occur to me as mol: proper for rendering our militia more perfet in difcipline, and confequently better adapted to anf wer the important benefits for which they were ori gina U y emboclied. It is not a red coat that imparts valour to regular foldiers ; they have not principies hor paffions different from the rel: of mankind. Courage is, in genera], acquired by habit ; it is hardly to be clled natural, or born with us; for the impulfe of felf-prefervation, which is peculiar to our nature, and reafon which feconds that im pulfe, both tend to infpire us with timidity, and urge us rather to flee from danger, than Hand fl:ill to oppofe, or ad vanee to meet it. Hobbes argues according to this opinio11, that no man is, by any covenaht that he !hall make, obliged to refil: another, offering mortal violence, or any bodily mifchief; for that natural necefty, from apprehenfion of a threatened evil, will make him certainly 5 fiee

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B O O K J. C H A P. X. '' flee from and avoid it.'' But this confideration is not to be drawn fo far, as to prejudice the force of military difcipline; as, if a foldier, under imminent danger, hould defer't his pot, on pretence "that a man cannot be obliged by any compal to un dergo death;" for to foffer death without relulance is by no means a thing beyond human l:rength and fortitud :: B y t he ufage and pral:ice of all nations, he that enlil:s himfelf in the number of armed men does by that al: lay aide all claim to the excufe of natural fearfulnefs, and becomes bound, not ~nly to enter the field, but alfo not to leave it without the order of bis leader. It is therefore reputed ignominious to fuffer by the hands of the executioner; but highly honourable to fall by the hand of the enemy. By the fame cufiom, every member of fociety is ta citly bound to fight in its defence; and (it is expel:ed) with more ardour and contempt of death, than hired and mercenary bands, as the fervice of the former is very jul:ly efieemed more honoura ble. To render a militia equal in power to hired or regular troops, we mul: l:rive to imprefs them with equal confidence. This muft take its rife and being from an habitual ufe of thofe in l:ruments of war which are unferviceable in the hands of the un tutored; but the expert management of which conl:itutes the chief merit of a foldier. What is it enables men to excell in any handicraft, but frequent pralice, and much experience, ip their peculiar work or art ? The carpenter is brought by habit and ufe to the killful application of the faw and plane.So in all other profefons, even where nature has been liberal in the gift of genius, a degree of application and pral:ice is requifite, to condut them with eafe and fuccefs. lt is the fame in the military trade as in all others. Can there be a more l:riking difference than :ippears between the raw, aukward ploughman but jufi enlited, and the fame man after a few months of training and intruCtion from the drill corporal? Where this necefary pratice and experience is wanting, there mul: ever be a large portian of diffidence; and this will excite fear. The idea of fuperior kill in arms pofleffed by an opponent mul: intimidate men from exerting their full ability. When, by a feries of tuition, our militia have acquired a competent knowledge of the ufe of fire-arm s .are adroit in quid;. loading, and in all other V oL. I T manc:euvres

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'J A M A } I C A. manreuvres are tolerably killful, they will begin to ~ntertain a better opinion of their own l:rength and power ; a confidence will take place in their bofoms, and never forfake them fo long as care is taken to prevent them from relapfing by difufe into their former unkillfolnefs. Men of bold fpirit may, for want of this expert nefs, give themfelv~s up.-in time of ation to the impetuous career cf their temper, and ,ri1ake tbeir life (though highly valuable) a too eafy facrifice to an: ~ ~~emy of inferior l:rength and prowefs, but pof fefcd of fuperior p{ill in arms. Our militia, in genera], have be trayed no want of refolution. In time of fervice they have marched with alacrity, and enduredfatigue with patience. lf they are de fetive in difcipline, I nul: be of opinion, that the blame hould fall on their officers, or rather on the imperfetion of our law, which
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B O O K I. C HA P. X. pacity and opulence; who are the proper guardians of our commu nity, and ought to lead the rel: of the people into meafures which tencl to tbeir happinefs and prefervation. There is a certain portian of every man's time, labour, and property, which is due to the public, and ought to be no les honel:ly and regularly paid than any other jul: and lawfol debt. As 110 man is (impartially fpeak ing) exempted from this oblgation ; fo it is confonant to equity and jufiice, that each hould fulfil it. The hardhip of complying with it can only fubil, when any particular fet of men are excufed from this duty, the burthen of which ought to prefs equally upan. all, without dil:intion. Men become more or lefs interefied in public meafures, comparatively, with their extent of property, or degree of affiuence; and, indeed, the obligation for this duty to their country feems naturally to fall more upon them than on the lower clafs of people: they have more power to become the infiru ments of good; confequently, more is expeted from them. A well regulated militia is founded upan the public fpirit of men of pro perty and i11terel, whofe right it is to fill the firl: pol:s, and under whom only the inferior orders of people will fobmit to that fub ordination and difcipline necefiary in the inl:itution. As foon a:. rank and preferment are prol:ituted to unworthy and mean objets; chagrin, infolence, inattention, diforder, and every fpecies of irre gularity that tends to fobvert the infiitution, will take place. Men, efpecially fuch who, living in a free country, imbibe a fpirit of ].:. berty, and regard for jufiice, grow uneay and impatient undei' fuch officers. Nothing therefore is more material towards efta blihing a well-ordered militia in Jamaica, than that our field offi.cers and captains hould be men of fome account~ either for merit, pro perty, or extenive commerce. I divide the militia of this ifland into two clafes. The firfi conifis of fuch men as voluntarily enroll themfelves, or (which is the fome) are enrolled in confe quence of a Iaw conente
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J A M A I C A. lives and properties. The feco_,,nd clafs confl:s of free blacks J and Mulattos ; from which body are to be chafen, by lot, every three years, a certain number of foldiers, who are to be cloathed, armed,., and paid, by the public, and who, during their term of fervice, are to be upon conl:ant duty: thcfe are to be :l:ationed by com~ pahies, or divifions, within certain boundaries in the midland or inland parts of the country; their confiant duty will be, to traverfe the mol: remote and unfrequented parts of the ifland in fearch of fugitive laves; to fpprefs all cabals or affomblies of Negroes, and by this means quafh in embryo the feeds of fedition and rebellion, o which in all probability firl: fprout in thofe remote and almoft in accefiible lurking places of the iland, where alfo may be fecreted artns and ammunition. Befides, as the captains commanding thofe rangers are to fend weekly reports to the adjutant ieneral at Spanih town of every occurrence, a communication of intelligence will be opened with the wildefi:, and hitherto almol: unknown, recefes. A 11 which regulations promife to eftablih tranquillity, and fecurity to the inhabitants. Obfervations in regard to the el:ablihment of the firl: clafs. r. That every man, between the age of fifteen and ixty-five years, be enrolled ii:i the militia, purfuant to a law; and none to be exempted from ferving, upo11 any account whatfoever, except aB:ual difability: no other plea can excufe a man from the obliga tion of th.i.t duty which he owes to his country. 2. That the legilature hould arder certain regulations to take place, refpel:ing the efiablihment of the companies, their cloath ing, anns, accoutrements, exercife, and duty; to the end that uniformity may be preferved throughout the whole body of mi litia, which will be produl:ive of the bel: effel:s: and that there be one uniform drefa and facing for ali the foot; and the like arder in regard to all the horfe; for, as many hired fervants are confiantJy ih ifting their place of abode, and removing from one parih to another, they will by this meaus properly fall into the ranks in any company or divifion throughout the fland. 3 The regulations hould be comprized in a fi11all portable vo lume, and fold at fucha price as that every militia-man may be able to pur chafe it. 4. That

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B o o K I. e H A P. x. 141 4. That an intelligent military o fficer be appointed to the pol: of adjutant-general; whofe bufinefs it hould be to fuperintend the exercife and duty of the whole, and to fee that the regulations are obferved and followed agreeable to the intent of the legiflature. The exercife propofed for for the militia is to be fo hort and eafy, that not moe than two or three days may be requifite to infirnt an officer in the whole, fo as to enable him to train bis company without farther affiftance. 5. A man 1nay be fent from each company to Spanih town, to be drilled under the eye of the adjutant-genera,l ; or a driU cor poral from the regulars, being inftruted ih the exercife, 1nay be fent to each cornpany of the militia, due provifion being made by legiflature for bis fubftance vyhile on this duty. 6. The duty of the adjutant-ieneral is to tranfmit all orde:s re lating to the militia, and receive monthly returns from each corps, fetting forth, Thei-r prefent, fit for duty, Sick, On command, Strength of their company, Left the ifland, } Died, ince the laft return. EnroHed, A return of much the fame form will be tranfmitted~ weekly, l from the captains who command the embodied militias on duty, with all cafualties and occurrences; by which the governor will not only be conl::antly informed of the number of effelive 1nen ready to turn out u-pon any emergency; but be acquainted with ali material affairs that happen, relative to the fervice, in every cor ner of the iland. 7. That the compat'lies be drawn out, once a week, betimes in the morning, and exercifed by their refpetive officers agreeable to the regulations propofed. 8. That the legilature houM make the whole militia fubjel: to martial law on thofe days when they are embodied for exercife, in confeque11ce of the regulations contained in the at ; I mean, rather, for the time that they are under anns, until they are dif~ mified

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JAMAICA rnifled by their office_rs: this will tcnd to eil:ablih order and dif cipline among them. The lcgilature are the beH: judges how far theie rnilitary provions and articles hould extend. Sunday morn iugs, previous to the hour of divine fervice, appear the mol: con vcnient times for the exercife propofed; for it will not then in terfcre \Vth t1:e buGnefs and comrnerce of the ifiand; nor need it intrude upan the duty of religious won11ip. The early part of the rnorn;ug will be fufficient for the duty of the field. Sunday is .a cby of libcrty and plea[ure for the Negroes; a;1d, on tl1is account al!o, it rnay not be improper to have our mlitia un'.'.cr arms, to fopprds ricts ancl diforders. 9. Tt ~ al all militia men, not having forne lawfol impedi nt: nt to allcdge ;or hci.ving abfented thcmfelves on days of exerci'.e b e fined agrceable to the regulations in the a8:; the n oney tl us an fing to be paid m o nt 1 1 ly into the hands of the receiv r gen ral, and Le applied tovnrds defraying the expences o f cloatbin_;, arms, &c. 1 o. Tbat the legilature hould enat, that no officer ahove the rank of lieutenant be difiniied frorn his pol:, or commifon, ex c~pt by entence of a general court-mar ial. This will preferve amongl: the men of property the firl: pol:s; upon which depends very much the perpetuating of a well-regulated militia. 1 r. There hould be a gener,il diip o ition formed of the whole militia, tha t, upon alarrns, they might readily afemble at foch pofis and pafies as Chould be judged mo:l: expedient ; and that the officers and men of evcry company might know their refpective places of rendezvous, and join without confufion. At thefe l:ations they would wait for forther intelligence, or orders. The utility of this regu 1 ation is obvious. The comn,ander in chief, knowing the dilpofition of every detachment, will be able to diret their further operations with eafe, difpatch, and the happiel: eflet. The officers and men, knowing where they are to meet each other, will foon j o in, and form in readines to march on their particular del:ina t1011. Or a large body, compofed of many companies, might be quickly afiembled by this means together, to at where their com b i ned l:rength might be necefary. I 2. As, in foa:,e extenive parihes, the afembling of the mi li tia is a d:iy's work, on account of the great difiance they have to 7 travel;

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B O O K I. C I-I A P. X. 1 43 travel; I would propofe, in this cafe, that they lhould, on the days appointed for weekly exercife, afemble at four difl~rent parades, .or places of rendezvous, which hould be ordered as convenient and central as poilible in each beat 01 divifion ;_ by which arrangement the difficulty would in a great meafure be removed. 13. That e very company hould confifl: of no more than twen ty~five privates, well-officered. This will be found an ufefol regu tion jn a country where fmall detachments have al ways been em ployed on atual fervice, and found to be mol proper, on account of the lefs baggage, provifion, and othcr incumbrances, required; and the greater facility of relieving them frequently; togetber with the expediency, n the time of infurretl:ions, to have detach ments ready, in every quarter, to reprefs the flame, on its earliel: breaking out in different parts, and befare it gets to a head. Such diforders a1:e to be attended to lik.e the plague or other contagian ; which, by carefully checking its progrefs at firfi-, may be hindered from extending the venom of infetion over the whole mafs. 14. The officers hould give public tefiimony of their kno\ivledge of the exercife,, by drawing up in a line, at the head of their regi ment or company, on review or field days, and going through thc manceuvres in fight of their men, who hould not be exercifed till afterwards. Frequent public exercife will not only rub off the -ul: from the weapons, but from the perfons alfo of both ofcers and men. Our militia, by this means, will al~ 1 ays have their arms clean and in good order, and infenfibly acquire a fpirit and hardi, nefs conducive to their health and utility. r 5. Once in the year might be a general muGer in the three cou n ties or divifions of the i:land. A fuf.. : e, f word, horfr, faddle, or the like, hould be bought at the public expence, ancl given as a prize to the bet fhot. Tbe butt fould be placed at diffrrent elc vations, that the looters might become expert at hitting the rnark, high or low. I 6 Every officer and fe1jeant hou1d be arm e d in the fome manner as the privates. The fpontoon and halbert may be very p rn pedy difufed in our iland, as very 11! cakulated for tbe fervice R tnk rnay be di11:inguiibed by fome variety in their drefr, much better

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1 44 J A M A I C A. better than in their weapons. A confiderable addition would thus be made to the hot of each company. 17. The arm_s and drefs hould be adapted, by their lightnefs, to fervice in this climate. Short-barreled fire-arms are bel-fuited to engagement in the woods, and will therefore be found moft proper and ferviceable here. 18. The adjutant-general hould, twice in every year, vifit the militia in their feveral diftril:s, to examine in what manner they carry on the exercife and duty, and to make a true and faithful re porc thereof to the governor. Thefe obfervations are what occur to me as necefary towards the eftablihment of the firft clafs of the militia. Perfet models have often fprung from rude ketches. I fubmit my outlines to the fuperior judgement of the legilature, in hope that they may raife a more poliihed ftruture from thefe mif-hapen materials. In the fame light, I mean to intmduce the following plan, or analyfis, of difci pline and drefs. Firft for the infantry. They might he rendered tolerably expert at, dl, { On full march. J In various pofitions ; l:anding, kneeling, Loading expeditiouly, l and recumbent. 2d, Firing Charging with bayonet. 4th, Marching 5 th, Wheeling. Advancing. Retreating .. \ In platoon. J Advancing. { Retreating Oblique. Single hall at a target. ~ QQick Slow. In ranks. l By divifions En dfil. { Offenfive. 6th, Exercife of the fword, Defenfive. To

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CH AP. X. To thefe may be added the manner of Di(pering, Rallying, Ambu(cading, Breal:-work, Attack, and} f {Hedge, Defence, 0 N arrow pafs, and H oufe. Mounting guard, and relieving. The exercife of the cavalry hould comprehencl the particular .., 1nentionecl, .as well as fome others peculiar to their fervice on horfoback. It will chiefly confift in breaking their horfes to l:and fire, keep rank, rein back, and wheel. The men hould learnto load their pieces on horfeback, and f;e to the right and left when in motion, or even on foll fpeed, refting their carbi~1es 011 -.11 1 the ann proper e evat1011. Drefs propofed for tbe lnfantry. Short, light coats ; Ruffia drab, or other fit linen wail:coats and breeches ; white Thanet, or fmall hats, with a black phune, or cockade ; half-boots. For the Cavalry. The fame ; with fome variation, if thougbt proper, in the hape -0f the leeve, pocket, or epaulet; and leather caps inl:ead of hats, with an ornamented front. Arms of the Infantry,, A fufe, four feet eight inches in length, from the muzzle to t11e :extremity of the butt ; a waterlock bayonet, cut and thrul:, of ten inches length in the blade, to fcrew on the muzzle; which will keep it firmer -than the com1non method~ The hall, twenty-two to the pound weight.. A couteau, or fabre-f word, with half-baket handle, two feet and half long; .a fling belt; thirty round of ca.rtridge to each man. Arms -0f the Cavalry ... A lrght carbine of four feet 'fix inches from 1nuzzle to the end of t he butt.--Pil:ols of the fame bore-. Ball twenty-two to the pound VOL. L. u weight.~

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J A M A I C A weight.-A fabre fword, baket hilt~ three feet Iength im rh e: blad~ ; ; fling belt Remarks in regard to te feeonf clafs 1 A retur-n rnay be made, by the cuftos of each pariffi, of the: :: number of free bla@ks and Mulattos between the : age of fifteen and forty-five, found and fit for fervit?e ... 2 ltis propofed, that thefe hould be dividcd foto hundreds ; : and a book kept in each parifh refpel:ive-ly ;and one general book by the governor's fecretary ; in which fhould be inferted, in. proper oolumns, an exal: detail, or regifier, of their names, ages_, per.fo11s, occupations, and places of re.fi.dence That a le.vy of fi ve hundred men hould be made from ~ this body, by lot, or rotation, every three years., taking one from every hundred foceeffively till the whole is compleated 4 That th o fe five hundred mea ha divided into ten .. c~panies ~ called rangers, appoint e d with white officers; and t-heir non-com miffioned officers be taken from amongPdieir. own body. Could : al:ive and well-behaved ferjeants be. obtained from the regular troops, to ferve as lieutenants, they would prov-e a great means off e.lablihing this body on the m0ft effel:ual footing 5. That the-y hould be cloathed ,.. armed, and aCutred, ~ uniformly, fomewhat according to the reg u.lations prop0fed fo; the militi. 6 That eaoh company corrfil: : of fifty men; Xclu.five of. their commiilioned officers ; and thefe fifty : be divided.into four. platoons or divions; ten or twelve men, with an officer, oeiug a fufficient party on the duty in which they will be employed. 7. That each company be comm.mded by a ., capta'irr, two liene.. te n a nts, two fetjeants, two corporals, and a drummer and -. frfer ; wi th a French horn, trumpet, or heH, for e~ch d'i v ifion, ott pl'atoon T he ufe of the drum is onlyfor n he dnty in: their fittle garrifon.s When a party is detached into the woods, they muft carry wid'l th e 1 n a tr mn p et, F rench-horn,-0r fhd1 ; as no-0ther : inhument 0 could b e fo c on v e nie n tl y taken through foc;:h a route 8. Th at th e t e n comp a nies be fratiiGned in ten dil:ril:s judiciouly c h o fe n, a nd appoiuted by the Jegi latu r e (r. by the governor, with th e a d vi ce of a cmrncil of wa. 11 )., fo .1s that they may haiVe a com m un ica ti. o u ou e with th e other 9. That ...

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B O O K l. 'CH A P. X 9. That they hould have good habitations, provifion ground., and a certain pay allotted them by the pub1ic. 1 o. That thei r habitations., or ba : roracks, houll be built compalr, i in otder to admit of their being enclofed within a ftockade fort, in form of a fquare, with bal:ions, or other proper figure. This, with a little inl:ru&ion, they will be abl~ to ~ompleat themfelves; and :it will fecure them at night from furpzes. Befides, it is necefary that their commanding-officer hould have it in bis power to lock -1:hem up at nights, to prevent diforders a.nd irregularity. 11. That .th~y :hould be exercifed according to the regulat ions :propofod for the militia, and -ehiefly hould be perfel:ed as marki: men, 1 by lreing taught -to fir.e at various -elevations, as well as at point blank dil:ance {rom heights and up hill. They hould alfo be inftruted in the na:ture of buh-figh~ing, aad in
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upon the proteltion of the king's troops; fo much, as to neg,'le t : the means they have of defending themfeh : es in dependent of thofe .. r:egiments, of whieh, aceident, caprice, ._ or: the exigencies of warL rnay deprive them. lt would be wi(e ,_ therefore to provide ,. ag ainfr fuch an event. I propofe the following erahlihment for the rangers: 5_ubfifiance (Ja1naica cun>ency), per week. per month. pe,: annum~ [; s d~ [, .1:. d. [,. s. d. LCaptain, __,....... 5 5 0 21 O O : 27.3 O 0 1 Lieutenant, 1 d 2 1 more 1tto, 1 L Setjeant, 1 1 ; more ditto, 2 1 Corporal, }2 I more ditto, I Drurnmer,, ~ -. 1 Fifer, .......--,. __,.......,.. 1 Priyate, 43 more dtit o, }44 1 Company, 2 I 2 6 l O I O ; O l 3 6 I 7 6 2 12 6 10 ro o 136 1 1 6 l O I O O .. 4J. O O 5 46 l 5 O I O O ., 2. 1 O O 2(;) O O O 10 O 2 Q O ~ 26 O J O o _, 7 6 ,: 1 I 9 O j l 9 1 O O O ; 7 6 1 ,: 1 O Q l '9 l O O o 7 6 ',. 1 10 o 19 ro o o 7 6 I 10 O 19, 10 O : O ; 7 6 16 2 6 I I O O I 9 : I O C) 64 10 O ., 83~ 10 O ~. ---~-. -~-~~ ... 29 10 O I I 8 O O 1,534 I 5 O 10 Companies-, ,:0 295 o o u8o o o 13,347 1-9 o A dd 5 fu rgeons, one to every z. i companies, at 13 61.. 17s. 6d, I eachper nnum, topFovid~~ IJ 2 6 52 10 o 684 7 6 ~heir own medicines and I i mfirmnents,.. -----r .. __,,.,. J Adjutant, --1 2 --, 12 6 10 10 o 136 17 6 Totals. 101 Captains, Lieutenants, S.urgeons, Serge~nts, Corporals, Drummers, ., Fifers, P .riyates, 2; 1 5 1 : 20: ., 2; __ 535 :: 1:: .. 44oj -~----,.----~ .. ... 1 ..

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B O O K I: C H A P. X. 1 49 CLOATHING. One halfcoat, of fcarlet ferge, lined with brown holland, green cape and cuffs Oue pa ir of Ruffia-drab breeches, coarfeft fabric. One Ruffia-drab waikoat,. ditto One hirt One pair ofhalf-boots. One pair of frrong hoes. One pair of Ofnaburg trowfers ; One black l:ock. One Thanet hat, green dyed; yellow or white worfl:ed 'binding \ ; ; and a black feather, or cockade Sixteen pair of thread : frockings for corporals and ferjeants at two pair to each. Eour half-fahes:i to be worn. by thc fe1jeants The whole expenc;:e of the firl: nine article s co1n-} puted at.(l:er!ing) --, The epence of fifty fuch, Add, for the two lal: acticles, 101 / 10.r. l:e~ 15,802 .. 17 6 To \

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~ -,o J A M A ] : C 1\. To c tke foregoing fcheme I forefoe may ke reafonbly objelcect., rt be hardh~p of forcing free:.:mennto 1 this fervice. Many f the free blacks and Mulattos ., are propricetors :of land; and \Other-s t follow fome trade or < calling~ by which they -are abte c to gcain muen ; more for the maintenance of ,, their families than ~ is here allowed for i their pay. I confefs, it is a ; meafure to be : now taken up w.ith de Jiberation, anda due regard to the pri1K~pl:es ,, of liberty and .equity:, as well as th-e policy and convenience of the country. It may feem, ~ therefor-e, a moi:e equitable mode, i tO raife this corps by fa~r ~entift_ __ : ing of volunteers, rather than compulfion. There ar.e ia:\pofed, of free blac"k.s, Mu1attos, andlndian s, not Jes than fiftcen hmldred i fencibl~s. lt is prouable, that of this n'umber i-Nirlight 1 not be difficul; i to raie fiye huudrea volunteers triennially, \who have neither a vo .. cation por family to difoade them from entering; and who might ; be forther tempted by the encouragements hereafter-mentioned; and, h~iog ouce e~g~ged, itis more likely they would (if h umane .. Iy ufed) incline 1 to continue on, than quita way of life which will give them a provif10n unattended with much labour. If, upon con ; :fideration, this mode hould be preferred, they may be enlified ( as in EngJ~nd) in p:ce{ence of a magiftrate, who may grant a ce1:ti' Jkate of the contra& to the :enlifiing or recruiting offic.e1~, : t@ be regifiered ip the,fecretary's office. A variety of regulations : may he rfunl expedient; but I {hall Qply hint a few:, whi<::h uccur to me ~s jnqifp.enfably n~ceifa:y. PAY. The commantling officer of each company refpeffivelyto reaeive t thi pay of his refpt:P:ive comp-=iny once a .month, on his giving in ;t monthly rernrn Q(effel:ives and non effell:ives; and making oath to th e t1:uth ofthe retur,n before the governor, or m.agiil:rate by him -: appojnted forJh~t pur:pofe, who hould o,ertify the ame ana give -01;deJ; pn i the recei,ver gene;,d for payment confon!).abfo thereto; the r.eceiver general pre:ftrving foch retllrn and o~-der r filed,, as bis vou, ~her, to be Jaie fomewhat.in ~he fllowin$fonn : (C~ptain

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x. Captain A's CoMPANY. State O' it fince the lal: return ; VZ{ Dead. l Time t Deferted. Time I Difcharged. r Time ,Prefent Strength of the C
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t J A M A I C A. the allowance befare fl:ated m akes it .. 142/. 2s. without taking into account th~ 1 5 !. fer cent, allowed. for char.ges; T,he difference then up,on the ten corx~panies \\'.ould be this : Army doathing ( currency), [;. 80"' .) d I 2 I I Ilangers, --,1 1:421 o o H.igher charge -0f the rangers cloathing-617'/. 7s.Id. per annum, which is all in their o.fficer's favour, befides 21 3 l. 2s. 6 d. allowed Jor charges there'on; or, in the whole, 830'/. ,9s. 7d. advantage [xJ. The intention, however, is npt more to prevent oany lofs to -" the offi.cer, th an to provide a1nply for :the 1nen's foffi cient regular cloathing, and guard againl: any defalcations of their pay, which ought not to b~ left to the officet'-s pleafure. The pay hould commence from the time on which the coll?panies ar.e formed o.r embodied, and by a monthly ad vanee .. STOPPAGES. No l:oppage to be allowed for loathing. 1\ll :other fioppages, -.fines, or hort payments, to be duly accounted for on oath, by the commanding oificer of each COIU:pany, to the governor, to he by him l 9 id before the houfe o( ,affembly at-1:heir annual meeting. [ .v] Fr the better forming a judgement 011 the ,allowance proper to be made fot any fuch levis, I here fu bjoin a fe heme of the army pay, aud fiqppages, on the prefent ,efiabli!hme~t; a nd, for greater perfpicuity, have reduc,.ed all the fu ms into the currency of this ilmd. Sergeant. Corporal. Drnm. Private, ; s. d. 'l C s. d. JJ, ; .r. d. 'l ; s d. :/ ; -Stop.page~, or deduction ~, made per CJnm1m} out of the : full fubfifience, for the fol. .. lowing; viz.---.--~ Poundage, ---. -z z 6 r -S 6 r 5 ;Hofpital,------,---, o 2 I o I 4 o r Agency, -------d 7 9 o 4 3 o 4 iPfffecj{oqigs for doa~hing, -,--,-,......,,._.. ; I o 3 I 6 19 r 6 1 9 6 4 3 l I 2 3 o I 3 4 r 7 o l: 4 I I 2 Jo 3 4 4 3 I ;;: ----. -.... --12 15 6 8 IO 3 8 ro 3 4 5 I Net fubliil:ence, clear' of the fiopp-ages} 25 II 0 above-mentioned, ___ 17 o 8 f 17 o 8 12 15 6 1. 4 1-----1---,-~-------.... rofs fubfience, -38 6 6 25 11 o 25 II o i7 o 8 According to the beft informatian I can get, the men's cloa;tlng, at an average, does not cofr above rl. l:erling per head, including fergeants, corporl,ls, and drums; and, if the regiment is at piil:ant quarters, fuch as Minorca, America, or the Wefi-Indies_, the coloel neverthelefs bears the }' )!ole c::pence of freight, i nfuran!=e, a nd all Plht:r i;l)argea of fonding out the .cloathing. ENcou ... ..

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BOOK. I. CH A P. X. 1 53 ENcOURAGEMENTS for the non-commilioned Officers and Privates. The wives and children of non-commil.ioned officers and pri vates to be entitled to the fame additional country fubfifience-mo ney as is now given to his majel:y's troops in the ilan
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' 1; 5~ J A M A I e A U pon being dibanded at the expiration pf their triennium, t 0 receive a bounty of I l. 3 s. 9 _d. each private; and have leave to -, carry w!th them their cloathing, but not accputrements nor arms. T~IAL and ru~ISHMENT. To be tried for finall offences by a regimentai court mart.ial, ,_, compofed of three commiffioned officers at the leafr, and punilhed ac-: cor.ding to rules and articles of war, but not extending to life or limb~ or exorbitant corporal inflil:ions. A general court martial to be held quarterly or nccafionally, at : the head quarters, the q,ptain commandant being prefident, for trying all fch other offences of a higher nature, com~itt,ed by non commiffioned and privates, as are pmperlycognizable befare agtmeral court'."martial; whofe fent~nce hall not be put in exec uti_on without warrant from the governor or commander in chief of the iflaud ;_ : 11or punifme11-t by death infliB:ed in any cafe, except for cow.. tirdice, or ah1al defertion to, or taking part with, an enemy ,... ', FFICERS. For dil:inl:ion fake, and maintainiog better -0rder, the fenir: captain to be captain commandant, and take precedency ,before the other ~aptains; who, when the whole regiment is afombled in the field, or at general courts martial, houl? take rauk alfo according .. to feniority~ The captain commandant might likewife be entitled to hold : and e xercife the office of adjutant-general t o the cour; which appoint. ment, added to his other, will increafe his annual pay to 413 /. 1 5 s .. ~nd make proviion very foitable to his rank. The head quarters t be e:l:ablihed by the governor; and the capt~in commandant to refide there. The officers not to employ their men in forming, or working upon, aHy ca~tle ... pe~, or pal:ure grounds, fugar, indigo; ginger, caco a, cotton pi mento, or coffee plantation, on pealty of. heing -: difmifed the fervice, u pon co11vi8:io;1. ( To ,, be tried by a general court martial~ for thefe and oflher breaches of military duty, embezzlement of their men' s pay, or rew~rd-money; and all fuch offences as do not appertain to the j_(1rifdition of the civil powers. Such court to be co.npofed of oJfkers

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B O O K I. CH _A P. X. 1 55 officers of equal rank in the militia of the ifland, commifiionated by the governor for fuch purpoe, and be punihed by difmifon from the fervice, or <_!ccording to the rules and articles of war to be el:ablihed for them by law; the proceedings and fentence being du1 y laid befare the governor, for his affirmance or_ difaffirmance. The married officers to be allowed the fa.me additional fu b:Gl:ence for their wives and childrerf (bein,g al:ually reident in the iland)', as is now given to his majefry's regular troops fiationed there. No oJficer's pay or fubfi'l:ence to continue on longer than whilft he is atually refident in the iland. No non-effel:ives to be allowed, upon any preteX:t, exceeding the rate of one to every fifty men. By a wife difpofition of our taxes, leffening all fuch as tend to difcourage trade and fettlements, augmenting others which may ha.ve a contrary te ndency; we might foon be pofefied of a fui .. plufage in our funds, fufficient to carry into execution this ad fe veral other plans, adapted t:o the fecurity and population of the iland .. Jamaica poffefes man y advantages, which give it fuperiority ver fmaller colonies; yet thefe advantages will be in a gre ar meafure counterpifed, wheneve~ it hall be unprovided with a defence pro portioned to its extent. We have, I think, about twenty-ix bar rac1cs in different parts of the country, excluive of feveral others erel:ed duri11g Cudjoe's rebellion, and long fince deferted. The barracks now in repair are capable of receiving upwards of twenty;,, five hundred men, exclufiv e of officers; and to garrifqn them we have, at moft, not more than nine hundred regulars. The bar .. racks, fituate far inland, readily offer themfelves as very proper to contain detachments of the rangers ; as their fervice will chiefl y engage them in thofe parts. I hall hereafter ta ke occaion to add fome further remarks and propofitions upon this head, in treating on fubjel:s which feem to have connexion with it. Perhaps, what I have already difcourfed, in regard to the militia, may be deemed too much; though, for my own part, I do not wih to have faid lefs, if any thing I have mentioned may but gain the attention of thofe gentlemen whofe intere:l: and duty 1hould incline the1n to enforce a plan which has their welfare, fecurity, and honour, for :its immediate objel:s. Xz APPEN..,

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JA.MAlCA. A P P E N D I x ~ On the leg_iflative Cor!flitutien oJ Jamaica. S E C 1"; I. W HEN l had confidered two 15rancnes of the legilature a ~ they are here el:ablithed, I found them in general as pufet : as the nature of things could at prefent weH allow; though ca12able of being rendered yet more fo, if public virtue hould be eve r : fo cultivated and inproved in the mother l:ate and in her colony a_s to produce a mutual confidence; In refpel : to the third branch, or council, l have been led mor.e particularly to anjnvel:igatio11 of their office, authority, and ufo, in this Iittle (yl:em of ours, uponreadng a certain governor's letter~ to the board of trade ; wherein he acquaints their lordhips, that he could find : no foundation for confidering their legifl a tive capa. city as dil:int from the fiate they are in as pr-ivy-counfollors, 0.r. a councitf worn to perform their duty to him as good and faithful '' counfellors; that. the admitting foch a dilinB:ion of different ca. ~ s pacities in the counail might be thought even to free them frorn all obligations of the oath they take as counfellors ; becaufe th e ir duty tQ the people as legilators mig-ht fecm to oblig:e them very frequently' to fupport opinions repugnant to a governor's frhemet; '' and inl:ruB:ions, and very diffe.rent from what might. be expeled frm a fworn privy-counfellor, or governor's man; and that, a s, c1 far as he C :
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B O O K I. C H A P. X. A PPEND. council board, concerning which I lud heard many high-ffown refolutions; it appeared to me furprifing, that a governor ( of all per fons) hould have taken fo much pains to deny the validity of their pretenfions/' and hip them of all the trappings which they had long worn with fo much confidence. At firl: 1, doubted. But, on a nearer fcrutiny, I became convinced, that he had fettled bis judgement upon fure grounds, and drawn his conclufions from proofs contained in their own books of written minutes; tracing fal:s clown from the very firft, and thus as it were condemning. them out of their own mouths. lt feemed a little fingular, that a governor fould thus feek to lefen the powers of that body which ( whether ufurped or not) might feem to lay fo much at his difpofal ; for, let the ufurpation be carried to ever fo great lengths in their ordinary proceedings, there l:ill remained in bis hards that irreil:ible curb, the power of fufpending them at his pleafure ;" which he could at any timo apply to check them cffel:ually, if their prinGiples hould incline them to be troublefome, and to thwart his adminil:rationr But his letters in fome degree explain this. He appears to have thought t the particular duty, and only proper ufe; of the council, that they hould ever be the f worn creatures of the crown, and firm auxi liaries to the governor; fo as that, by 2dding their weight to his, thefe two branches might al ways prove an over-match far the third; or houfe of afembly..This houfe had come to fome undutiful re fo1utions (as he was pleafed -to term them) ref peB:inga report of the board of. trade to the king on fome of their bilis fent home; in which report the houfe conceived themfelves illiberally treated. The council, fogetting their dopendence, concurred with the houfe in -the fame t1ndutiful fentiments; and thus, by joining with the af fembly, formed a kind of league againl: tbat minil:ry, the retitude of whofe cenfures the governor probably thought himfelf bound to aifert. Hence, in his epil:le to their lordfuips, he laments, that he had not evcn the council with him upon that occafion." He f.eemed to regard them merely as his fervants, bound by oath, as well as duty, to afociate with him on every point of contel: which he might have with the affembly. So glaring a revolt as they had jul: m-ade alarmed him; and it is not to be wondered, that, after i f ti.r\i "<

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J A l\l A I C A. fifting their conffitution, and fiding that, from the earliel: times, they had been fubordinate and devoted to the command of gover nors, he thought it necefary, that he hould bring them back" to a jul: frnfe of their dependent l:ateA Mol: probaly, his intention in thefo letters, fo far as relates to the council, was to obtain a fet of inhutions from the foperior powers, for laying thefe truant gentlemen under l:riler regufations, and intimidating them from foch oppofition in time to come. However that might be, the idea he had given of their conlitntion and ufe excited many others to i nquire more minutely into them. In regard to the following r.emarks, I am not confcious of mif r eprefentation. I hope J haJl make appear, to every difpaffionate well--wiher of the independence of our afemblies, how necefary it is, that this body, freely eleted by the people, hould confider themfelves, and be confidered, as the true guarantees of the conl:i tutional rights of the people. Should they fuffer the council to ex ercife certain powers, which are utterly incompatible with a de pendent condition, under all the implicit obedience and devotion exal:ed from that board, and far which alone fome governors have feemed to think them firft conl:itutcd; they cannot but be fenfible, on re fle tion, that the exercife of foch powers, by men al:ing under fuch relraint, is, and mul: be, extremely injurious to thofe rights. lt is abfurd for men to talk "of their holding large ftakes in this community, arid therefore that they never can be fo much their '' own enemies as to impair the public freedom." That fome lhould argue in this frrain, who have already made a refignation of their will to a governor's power and pleafure, and have voluntar.ily prol:rated themfelves at his feet, from vanity, ambition, or other motives, is truly ridiclous. As well might a Britiili fubjel:, who has turned Mahometan at Conl:antinople, f worn on the Alcoran, and accepted a pol: from the fultan, pretend, that he has neither apofta tized from his former religion, nor made a facrifice of bis former freedom. That men fuould, in many things, ar repugnantly to their own interefr or that of their family and friends, is not in the leal: extraordinary : every day affords ex;imples of it. That pride :vanity, and headl:rong pailions, hould urge men to the commifon pf fervile and dihonourabl~ atjons, is equally comn1011 and noto~ nous

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BOOK I. CHAP. X. A p p E N D. I 59 rious. What creature,. in hort; is more variable and ineonfifbmt than mqn 1 His prefent refolutions, taken up -in Ofle minute, are broken in the vy next ; and he is ne ver lefs to be trul:ed, than when he appears mob determined : fo 1ittle controu]~ in general,, has reafon over the violent and conflil:ing affel:ions of the mnd, the force of prejudice, and the fedulions of pomp, grandcur, and honours. We have but too much ground for fufpeling the perni- cious effel:s of that over-ruling inflence* beneath which the :: council have repofed themfelves heretofore with fo mueh paffive G ompliance The p.al: experience of many years hou}d us to what a clofe connexion it may draw them with the fupreme executive power; and how ft1tile the expel:ation, that they can ever be brought into a fincere and faithful conjunl:ion with the houfe of reprefontatives, in fpporting any meafures difagreeable to a governor, however jufi and necefa.ry, while the terror of fuf penfion hangs, like a drawn fymetar; incefantly over their heads For thefe reafons, apd as long as they remain in this l:ate of falage, it may be prudent for the afe1nbly to regard them, and the commander in chief, as making one incorporate in the l:ritl: bonds of union. Before. I e 4 amipe into their origi, I !hall defcribe the confiitution of the privy-concil in Great-Britain ; as the differ ence, between them and the mutilated refemblance we have of. them in our colony, will be rendered more l:riking hx the comparifon They are l:yled the privatum concilium, or privy council, for : matters of l:ate. Someti1nes, for di:lina ion's fake, they are called, The CounciL'' They are an aiembly of the king, an
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. 160 J A I\1 A I C A they are faid to have the fame power as a common juftice of the peace. Their names were generally inferted in fome or other of the grand commiffions of peace for counties or hires..; and it is pro bable, that it was u pon this authority alone they have .;ev.er legally excrcifcd the power of committing perfons to gaol for prefumed crimes againft the fiate : but this power is now reftrained within due bonnds. By what means the council of Jamaica acquired their threefold capacity of privy, juridical, and legilative, is now to be the fubjct of invel:igation s E e T. n. T HE iland of Jamaica being originally conquered froih t:he Spaniards, fettled by natural-born fubjets of England, : and at the national expence [y], there can be no pretence to quel:ion their title to the benefit of all the laws of England then exil:ii-1g, and the rights of Englihmen. Thefe were their true, kgitimate, and undoubted inheritance, at the time of the conquel:. I know that fome antient reporters of law-cafes have laid it down for found doc trine., that the Wel:-Indian ilands, being originally gotten by conquel, or by f01ne planting themfelves there, the king may govern them as he will/' Nothing can more expofe the abfordity of fuch an opinion, literally' underl:ood, than the tiou into which it is refolvable, and which amounts in effel: to this, viz if any Englih forces hall conquer, or any Englil1 ad venturers pofefs 'themfelves, of an iland in the Wel:-Indies, and thereby extend the empire, and add to the trade and opulence of England; the Englihmen, fo pofiefng and planting fuch terri tory, ought, in confideration of the great fervice thereby erreted to their nation, immediately to be treated as aliens, forfeit all the rjghts of Englih fubjets, and be left to the merey of an abfolute l s. d. [y] The charge to the commonwealth of England for the forces maintained l here, according to an account rendered before the hou[e of commons, 26 J 110,228 z I Jf )farch, 1659, amounted to ---The annual iffues aftcrwards, till the Reloration of Charles II, :bout 54 1 000 o e;, 3 and

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B O O K l. ''C 1,1 A P. X. APPEND. 161 : l\nd arbitrary forro of government ; fo'r fuch is a govern ment founded and dependant upon 'the fovereign' s will. This is no un fair conl:rul:ion of the maxim I have cited ; yet it has recei ved countenance from fome othet Law Reports, w hich afiert, that "'' The k-ing hav ing conqUred a country poifofied by foreigners, ,, gains, by faving their lives" (i. e. by not murdering them in cool blood;), a ght and property, in fuch people, and may impofe on tlrem what law he pleafes [z].'' The books inform us, that this :fav.age dol:rine was founded on a determination of the lords of : the privy-council, at a colony appeal ; and they mol: probably !dedu-eed it from the civil codes, whofe inftrtutes were framed for~ :and received by, enflaved nations. Wherever their lordhips found ~ it, their determination on this or any other conl:itutional point is not law (I me an the law of the lancl), and ought not therefore to have ad mittance amongl: thofe collel:ions of fage authorities which are to form the rule of judgement in our Englih courts of law }But fuppofing the maxim applies to the conquered, nt to th(con ,querors; yet, even in this fenfe, it will not in vol ve Jamaica .. The Englih, who maae the feizure or conquel: of it, were not 'loofe adventurers ; but the forces of the fiate, employed and de 'tached by it on pu-tpofu to conquer. The Spanih inhabitants did. :i1ot fubm it to the difcret-ion of the Englih army; but refufed the iterms offered to them, arid were by dint of -arms driven forcibly away from the iland. Y-et, if they had accepted the condit,ions : propefed, the:y woulcl not have found themfelves reduced to lavery 'for, by the fifth article of the capitulation, it was declarecl, by the Englih generals, "That all artificers and meaner fort of inhabitant s '' who hall defire to remain on the iland, hall e1tjoy their freedom and goods {excepting laves); they fubmitting and conforming u to the laws and government of the Euglih nation., The conquerors co~ld not have ffiade this afiurance., had they not been at 'that time in the abfolute pofleffion themfel-1res of. tho(e la,vs and that government. There are fome Law Reports, indeed, which : admit this inherent right im the Englih fubje~. "1f there be a new and uninhabite~ cmmtify found out by Englih fubje:s.:; : as "' the law -is the birth-right of every fuch fbjel ; fo,, whe rever [ ~ ] Dycr, 22"4, Vaughan, 2lh Vo:t. r.. y ~, they

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J A M A I .e A. they go, they carry their laws with them ; and, therefore, fuch new-found country is to be governed by the laws of England. But aB:s of parliament, made io England after foch country is in habited by Englih, and which name not the foreign plantations,._ will not bind them [a J." This opinion has rational principies for its defence. But for a nation like England, fupported by com merce and plantations, to invite her fubjets to conquer and plant, at the hazard of life, in difiant climates, under a folemn afiurance of disfranchifement and flavery for their reward, is furely a moft prepol:erous kind of encol,lragement; it is a prohibition, not an invitation, to colonize. More modern civilians would have ill'- firuB:ed their lordhips of the privy-council, that, '' when a nation takes pofieiion of a difiant country, and fettles a co1ony there, that country, though foparated from the principal efiablihment; or mother country, naturally oecomes a part of the ftate equally with its original poffeffions [b]." lt is the fame in effel whether a body of Englihmen feize and acquire a dil:ant country at their own free adventure, or are employed by the nation to do fo; as a part of the larger fociety, they make the acquifion, not for themfelves alone, but for the benefit of the whole fociety to whicli they belong. If the conquel: of territory is made at the national expence, the nation in general becomes fiill more ftrongly interel:ed in it ; for the eK.pence of the conquel: has been defrayed by taxes or pecuniary aids contributed by the people. It is, therefore, annexed to the fovereignty, and becomes an additional member to tbe ancient dominion of the realm. If tbe Englih conquerors cl:ablih themfelves as planters of the foil, their rights are unalie. nable, whill: they continue in obedience to the national laws; they cannot be fubjeB:ed to laws repugnant to thofe of England, and are no more liableto be governed by the 1neer will of the king than if they had remained in England-. They may not enall: laws or ordi nances injurious to the nacional welfare; and the pa rliament of Eng land is reciprocally bound to impofe nothing on the colonil:s in vio lation of thofe rigbts, liberties, privileges and immunities, which. they inherit in common with their fellow-fubjets refiding in the rn other country. Thee I'think are poitions which our conl:itution i m p li es and which no Englihman will controvert. [a] 2 P. Wilr. 75. z, Salk, 41 I, l.; J Vattel SECT.

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E O O K J. CH AP. X. A PPEN D. SE C T. III. AFT E R this iland had been fubdued by tne anny and navy employed by the commonwea1th of England, and the Spaniards ut terly driven out; Cromwell, the fupreme magifirate, had it feri .. ouly in bis thoughts, to releafe the fettlers from law-martial, and give them pofoffion of that civil form of government [e] to which they were entitled. But, as the Spaniards made fome attempts to re-pofefs the iland, by which means great part of the fettlers were kept almol: confiantly under arms, and a fation alfo prevailed, oc cafioned by feveral of the leading men, who, either from a fpirit of difaffetion towards Cromwell, or a paffionate defire of returning to Europe, obl:ruted as much as in them lay the defign of planting; little or no progrefs was made during Oliver's life towards a civil eftablihment. It was referved for Charles II. to effetuate this. IJ1 fettling their civil government, the parliament of England ne ver interfered ; but left to the king, as the fountain of jul:ice, by his executive authority, to bring the Englih laws into exercifo among their fellow-fubjetl:s here, by ereting judicatories, ap pointing competent officers for the difpenfation of public jul:ice, and fummoning a legiflature agreeable to the laws and cul:oms of England. As the circuml:ances of the infant colony required that peculiar laws, adapted to them, hould be framed, for the benefit and fecurity of tbe fettlers, and that fome proviGon hould a~fo be made by thofe fettlers, from time to time, towards defraying the public expences, and better fupporting the government of the iland, in ~rd c r to relieve the mother l:ate in that charge; they were fommoned by the king's writs to afemble reprcfentatively, and exe cute their inherent right s of legifla~ion ; in the exercife whereof thcy could not conl:tuti o nally be denied ( and wcre therefore a!l~wed) the_ ~ull adopti?n of all the juriditl:ions,_rowers, autho nt1es, and pnvileges, wh1ch the commons of Englad were, by the Englill laws and confiitution, enfeofFed in; or ( at leal:) of fo much, and fch portion of them, as they found neceffa 1 J and convenient [ e ] C~ Appendix. y 2 to

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J A M A I e : .A .. to be exercifed, ia. -llllir 1191s r l 4, s 1\a ,, withfo this part of die ~ Englih dominions,, as yet in its minority... But, in the great point of legiflation ir was extremely difficult i to folfow the Englih model with the like degree of eX>alnef-s wliich had been i found fo ,, eafy and praticable with refpel: to ; the courts of juftice, ., anct fome other civil dep.ar,tments:. for, although the reprefentative body of the people was a fnfficientlJ perfet copy, on their part, of the commona repr:cfentatives in England ; yet there was wanting an in~ termediate branch, compofed o men ennobled by their titles, dignified by the conftitu.tion, I!.fi:ng by hereditary rank fuperior to the common pe0ple,, and continuing a regular gradation from ,. them up to the fovereign.. In a countr.y: wher..e all the inhabitants were tommons,, it was impoffible to find this ordcr ofi fuper.ior. being s ;. and of courfe eur. legiflatute was fo far defel:ive in its i-efemhlanc e to the parliament ofEngland, which confb ofthree eftates. In 1 660, ,. D'yley who,, by th e deceafe of general Brayne, became general of the iflans:,,. and fo contJnued tilL aftei, Cromwelrs death, ~as, by Charles-U. appointed governor and commander inchicf of the iland,. With hisnew commiffion, her~ceived inftru.bions, to dibandtne~rmy, andfummonby.writ a cmuncil of t.wehtemen, of whom the fecretaryof the ifland for the time beiog was to be one; and the rel:to be inQiff.; ; r. ently eleted by the inhabitants in the nature of; reprefentatives [d}; : With their advice and confent, he was empowered to regulate the : for ms of. civ.il govemment ; and to enat laws according to fuch cu~ ftoms and ufages as were exercifed in the other Englih cQl~,mies, and ~ mot repugnant to the laws of England. We. obfer ve here~: then, _le giilature, as perfeb as the drcumftances of a colon y adrijtte4 or. re ,', quired, called tGget J ber by a lawful writ, and founa.,iPg the fubol'. [4] The ifland was, about this time, or foon after, diviued into twelve difuif, anfwerable t 9 Jhe firfr-appoirited nl.1mber 0f reprefentatives; viz.. Port Royal St, John, :tr. Mary, St. Catharine; St. David, St Anne, St Andrew, St, Thomas 1 Se. James, Cl8!11t!ndon, St.George, St~ Elizabet}j;; being at that time the only inhabited parts. It was afterwards Jurveyed and -divicled undr Sii ,.. 'J?hQma, Muddiford'$ g_overnment> in 1664 ;.. bur no new parihes or difif addcd by namr dinate 11 -~. ..;.~

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'13 O O K 1, C H A: P. X~ A P P-E N'IJ: 1>65 :: dinate parts of the civil ffruture by their free and uninfluenced judgement, agreeahle to the fpirit of the Englih conftitution .,. D'Oyley, with this little fenate, < formed a fortiof comlflUne concilium / of governor and, commons ; ; and they enafred feveral ; laws~ whofe duration was only for two years. Whether : the fecretary ated, on this occafion,, only as clerk, to regil:er their proceedings, or had a voice, does not now appear. lt is certa he was no reprefentative, as he.fat among them per mandatum regis, and not by free eletl:ion J. am, therefore,. inclin~d to think he w.as only the clerk; as, in fome of the colonies, the crown at this day cla.ims and exercifes a prerogative to nominate and appoint fuch an officer to their afemblies. ~ Thus_was the..leg\lative conl:itution of Jamaica framed, w ithoul"incl1Jding in -., it any thing l~ke a third branc h; nor was it deemed at all exRedient, becaufe the governor and, the body of re..: p,refentatives were not only a legilature formed confiftently ~ witfi the principies of the : Englilli conilitution, but they were fully ah.le -: to frame and enatl: laws, and other fit provifi'ons, withottt the ,ihter. vention of any third ,, body; norwas the utility of fuch a third branch,. or femulance of the houfe of lords, at this time, Of' for many years after, ever thought on And,' as governor D'Oyley had been in ;the ifland from .. the very time o its conquefr, and wa s therefore; and from his ability, as well informed of every matter : relative to it as any other of its inhahitants, there was no -neceffity to affign him a privy-council, to advifC" : him in his proceedings ; and confequently none : was appointed But; in the year 166,upon his earnel: defire to return home, lord Windfor, an utterdlranger to the colony and its affairs, was appointed i to fcceed him in the government. )3y his lottdhip's commiffion and inl:ruHons, he was e mpowered to choofe his own privy-council; : and t fummon, by w..rit, afemblies, to be eleted by the people. With advice of his privy-council, he was ., forther empowered to give:-the royal af fent to fuch lawsas hou ld be pafed by; thofu afemblies ; and n0t ;. repugnant to the.laws of England [_:J. [e] In the 4 th article of -inftrutin to Sir Thomas I:ynch,. .W Feb ~ 167 0-71 we find thefe w-0rds : >.u fhall. have wwer,, .. wiih the ad v ice of the council tQ <:all. afi"emblie8 1 to mke laws? and.J

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166 J A M A I C A. The fucceeding governors and lieutenant-governors were direttetl to choofe their own privy-council, until the appointment of lord Vaughan, 167 5, in whofe commifon the members of the privy .. council were exprefaly namecl by the king. lt is evident, then, tbat, after the abolition of a council of war, which was alfo a council of ftate during Oliver's life-time, and which, with a major general and a quorum of comrnifiioners confiituted for this purpofe by the proteB:or and his council of fiate ( according to the mode then prevailing in England), had governed Jamaica by no other than law martial; the firl: civil efiablihment took place under D'Oyley's adminil: ration. The king rejeB:ed at fidl: the ufe of a coun.cil of fiate; and introduced in its ftead a legal proper legif'1ature, confil:ing, as before mentioned, of bis de!5gate, and a fufficient number of freeholders of the iland, eleB:ed"' in England, ~y the free votes of the people, for their reprefentatives. But, when it was found necefary to aid the governor in rnaI!Y points of adminil:ration, lord Windfor was direl:ed to appoint a privy-coun cil for this intent:i.on., the choice being left to his own dfcretion; and their principal bufinefs and ufo feem to have been, to give him advice on all occaions wherein he had either 110 inftru:ions, or thought fit to apply to them; fuch as the guarding of the iland : ~gainl: hofiile invaions, or interna! rebeliions; the iffi:ling payments out of the revenue granted biennially by afombly ; the appoint rnent, or remov:al, of officers civil and military ; the coniervation of the r~ghts of prerogative; and the granti1~g or refu fing hi s af' fe n t to fuch bilis as the aifombly pafiecL The crown was fenfible, t11at the governors font from Eqgland to tbis iland m ul: need be ~gnorant of many particulai:s necefary to be known far their cou ducl: in the government of it. The introdul.ion of laves for car rying on the plantations., and the very nature of th e climate and commercial produtlions, opened a fce11e entirdy uew to them: and, as the laws and proviions ufoful and expedi e nt for th c i. a nd to levy inonies for our fervice, &c.".--Here is e~prefsly <110 othe r power given to tl.:e go emor, than that of convening the reprefentatives; a nd this under prc wifo that be lwuld tirf't h,ave the advice of bis council, as to thc feafon and expediency of \ei r mee,i n gs. No p Ner is herein afgned to the council, except that of fimply giving their ad vice to the governor. No oth e r Ji -'l '. er, i.ndeed, muid l~~ally have been giyen ~y the crown in rel i ) e ct to ma t,e rs o f "i_eg il ;t tion. t i e : na1

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ffOOK L CHAP. X. APPEN D. renal police and furtherance of fettlements in the ifland, were to : be und e ri1ood only by a lbngrefidence in the Wel:-lndies, or from the accounts of men perfel:ly well acquainted with colony matter s_ ; it would have been impoffi b le for fuch governors, without the ad~ vi ce and affil:ance of fome gentlemen of good abilities, and know ledge of the country, to explain the propriety of the aiembly 's bill s o r forma co m p etent judgement on various matt e rs inci d ent peculiarly to their adminil:ration. For thi s r ea fon, among others, every governor is exprefsly i n l:rule.:l to trnfmit to bis m a jel:y the na mes of fuch of the principal inhabitants of good ability as ieem bei1 qual i fied to fupply vacancies from time to time in the privy.;. council. This was a neceffary, and therefore prudent, regulation ; : as, for want of it, the crown could not but forefee, that its go v ernors would be liable to confiant e1nbarraffinent in difcharge o f the dt ie s of their office. Such was probably the original mot i ve for appointing a governor's counci}, not or1ly in this but in th e other Britih colonies [f} At their fi r l: conl:itutfon in J maica, ~ } d for rnany years afterward s ; the go v ernor fat with them, as vveH d~.iring the fefon, as dring the interval s of aH e mbly. Th e y had no de:.; liberative; and not the le a fi inclpend e nt, puwer in relpetl:: to the Lill s fo u ned and fent up by the houfe of afembly. The govern o r Himfelf ufed to receive from, and fend all mefages to the houfe, concerning legilative bufinefs: when conferences ,vere necefiary he appointed foch members of his privy-council as he thought pro.:. per to ~ be his m e fleng e rs or ag_ents .. for managi ng 011 his part, and '; reporting to him; The governo(s conlant prefence and : interpofrtion" deprived th em effelually of a11 that uncontrouled freedom of debate and delbe. ra t i on wlch is d f e ntial t0 a legiffative body. Tbey were merely his paffive co-ad j ut or s; and, altho u gh he was direaed to pafs laws with ': [ .f] T his opini on is wa rranted by th e tenor of t he k i ng s i n fu c'" li.ons, form e rly ( a nJ I be !ieve : li ll) g i \ e n to th e gm rn ors o f th i s ifl a nd. So, a rt. 35 of the infh m'1i ons to Sr Th o m as ,., L y ;i ch, 1 6 707 1, '-' A 1,cl forafrnu ch as th e rc a r em an y things inciden.e to that government; ". ~ fo r w hich it is h ot eafy fo r us to pr e fer be fuch rul es a m i diredions for y ou as our fervice : a nd "t he bcnefit o f t h a. t iHand may t e q uir e; inltead of th e m, y ou : ire, with the ad vice of the coun di; t o take c a r e therei n ns fo ll y and etfrcl: u a ll y as i f you were inlruded by us; of which ex" trnordi n my cafes gi vi n g u s due informa tion, you fhall.rccei v e funh e r ratif :a tions f om us, a -s s our fervjce ha ll r eq I r i re tmdr I :

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. .,;.ro { lUO !J A M A fI c e A 0 their -conrent, which irnplies : that he was i tO pas none without iq i yet there ,, can be no doubt but th:e q,ifcr~tionary power, with which l1e was rmed, of ~ fufpending U 0r ,: any of\hem at p>Jeafure, together with th-e awe and reftraint impofed by .his ; prefeace and au thority,, mul: have had fitabJe.efl:ets upan the minds of :, his afodates ; fo that he could whout much difficul~y, lead or drive c th@ m to t fay and do whatG!ver he judgedditting. That' luft of acg_uiring much power, w hich generally .a&uates all public '' bodies of men, who in their original inl:Jtutioo ; pofes ve ry little, faems to }Jave werked yery furprizjng effetl:s on the privy-council. lmpatient of the i-ignifi cance to which they faw themfelv..es .reduced by the governor' s per petua! c011troul, aro
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E O O K I. C H A P. X. A P PE N D. is rio right inherent, or otherwife 1ega1ly reGdent, in tbat body, to prevent a governor frorn uGng his p!eafore in this point, if he hould choofe to e}.ert it. If we endeavour to make their inl:i tution, for any purpofes affeting legilature here, appear confrl:ent l.vith leg,dity and reafon ; we cannot foppofe them ordained to any other rank in this fyl:em originally, than wbat is enjoyed by that comrnittee of the Britih privy-council, which is called the board '' of trade and plantations/' whofe bufln.es, fo far as regards legila tive matters, confil:s in reviGng foch laws as are enated in tbe plantations, arid fubmitting their opinion ,md advice to his majel:y, as to the expediency of giving or refofing bis royal afient to them; fo it (eems probable, that the office of our privy-council here, as far as t interfer~d with the great concern of legiflaton, was with the like view intended to be w holly confined to the revifion of bils paifed by the affembly, and to their advifing bis majely's go vernor here on the tendency of thofe bills, nd the expedie,ncy of his afient or negative to them. I have firong grounds for believing ths to have been the chief end of their being permitted, by royal authority, to interpofe at all in refpet to the ats of afiembly; and I hav already given forne reafons which fee1n to fupport this opm1on. S E C T. IV. HA VING no a.l of parliament, nor of afombly, to jul:ify their claim to legilation, whatever powers the privy-council have exercifed of that kind mul: principlly have fprung from their own ambition to bec01ne a houfe of lords, and from their appropriating the ufages ard p r atice of the lords from time to time as a dil:intt 1eglative, after the governors ceafed to advife with them con cer~ing the purport and ten d ency of bitls pafed by the alembly. In this proceeding, they were furtl~er encouraged by the conni. vanee of thofe go v ernors who firove to promote fations, the better to ferve ther own purpofes; and by the affembly's i nability, or neglet, in contefng with them the r ights they had afomed. Thus, by an ufage tolerated for feveral years, they have gained V oL. I. Z (as

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/ 170 JAMAICA (as fo1n~ imagine) a fort of prefcriptive title to their claims; and hould the houfe of afombly at any time think fit to difpute any point of Iegilative authority wth them, the privy-council vrould not find it difficult to turn to fome precedent in the minutes of the houfe, to hew that former afiemblies had indireB:ly acknow Jedged, and conceded the point to their board, '' by giving 110 exprefa denial to it." I hall not difpute tbat all the laws of J maica, at this time in force, are enal:ed by Governor, council, and afiembly." But there were a multitude of aB:s pafied before the printed code, v iz. between the year I 660 and 1681 ; and great part of thefe were enaB:ed by the king or his governor, and the af lembly only. The change of l:yle took place in confequence of an inlrul:ion from the crown. Whether the alembly did or not oppofe this alteration is very little to the purpofe to inquire: for all oppofion on their part mul: have been attended \ ; vith fatal con fequences to themfelves; they were in utmol: want of a good body of permanent laws, adapted to tbeir fituation, ancl the fafety of tbeir lives and properties. The king, who fent this inl:ruB:ion to his governor, and required obedience to it, had wholly in bis power to enforce it, by rel:raining his governor from giving aflent to any bill of aifembly that did not run in this manner. Thus all oppo fition to the meafure could be fpeedily defeated, fince the neceilities of the people were too urgent not to compel :hem to pafs their bilis with this addition of l:yle in the enaB:ing part, however much it might be againl: their wiB, or repugnant to their conl:itution. It is not certain at what period the privy-council fi-fl: began to fign the bills that were revifed at their board wi1:h the words, paffed the council ;'' which pral:ice does certainly declare them exercifing a legiflative power as a third el:ate, di:l:inB: from governor and af frmbly. There is no doubt fomething in the rnanner of their in vel:iture with thi s power, fnilar to that by which a man holds what s called tortious poffefion of an el:ate, and whofe title is juf tified only by the la w -maxim of melior condito pcJidcntis. I call it power in contradil:iuction to right ; for a right in this cafe could onlv be derived from the conflit;tion or tbe laws; but the conl:i.1 tution and Jaws bave i mparted none to them: they are therefore defel:ive in that \V hich is the fundamental principle of a true and perfet

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B o o K 1. e H A P. x. A P PE N o. 1 r perfel: legilative body. A legilative, founded on power aloue, is meer tyranny and ufurpation ; it has neither the rights, dignity, nor efficacy, of a legilative arifing from, and fupported by, a con fiitutional and legal efiablihment. Such a defet, combined with other parts of a fylen.1 which are fofficiently perfet and legal in themfelves, mul: evidently be introduive of confufion and difcord ; / it b~comes a dead weight, which, added to either fcale, mul: ren der-;too heavy, and dehoy the equilibrium neceffary to be main tained in fo nice a conjunture. The privy-council having thus, as they thought, el:ablihed them felves (though imperfelly) as a dilint branch of legiflature, it was their next bufinefs to effet a nearer affimilation of their powers to thofe of the Britih hufe of lords. With this view, they entered difents and protel:s with all the pomp of lordly language; afumed a negative voice on bills d~l:inl: from the governor ; framed bills themfelves, and fent them clown to the lower houfe; made arnend ments to bills paled by that houfe; rejeted other bills ; appointed their own committees; demanded conferences; examined perfons upon oath; received petitions of grievance: in hort, they nter fered in every bufinefs wherein the houfe of alembly were con cerned, not even excepting money-bills ; in the amendment of which they aferted equal right with the houfe. In difputes be tween governor and afiem b}y, they gene rally fided with the former, or lood neuter. As to exemption from arrel:s, they pleaded un doubted right to it during the fefon, as legilators; and, out of fef fion. or during the intermiffions of afembly, as privy-counfellors; and by this kind of logic contri~ed to !Jlake it perpetua]; which was a mol: admirable :finefie for maintaining their dignity, undi fiurbed by the vexatious procefs of troublefome creditors. To give lul:re and pre-eminence to their body, they yled themfelves Honourable." And this recalls to my memory, that, when Sir Francis Watfon, prefident of the privy-council, took the adminilra .. tion upon him, on the--deceafe of the duke of Albemarle; he very feriouly propofed to his council, whether he had not a right to af fume upon that occafion the addition of "Right Honourable." His council very complaifantly anf wered, nem. cr;n. that he had mol: un doubted right; and advifed hi~ to wear it. With this advice he Z 2 readily

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172 J A M A I C A. readily complied. But the borrowed plume was foon afterwards firipped away by the king's order. So l:range has the infatuation been, that one of the board, not _long fin ce, moved a governor, as chancellor, on bis t:.ight to a letter mifve, and an office copy gratis of a bill filed in the chancery here, agreeable to the pra:ice in England, when a peer of the realm is fued in the high court of chancery there. However, the chancellor, who then prefided, though l:rongly inclind to render this would-be-lord all reafori'!!ble fervice in his power, did not relih this extraordinary motion; and fo i-t was. over-ruled. In the early, unfettled times of government hctre, the privy-council exa1ted their power fo very highly, that a money-bill, which had paffed the afembly for a duration of two years, being expired during the intermiffion of their meeting; a go vernor ifued bis order in council for continuing it in force two years longer. The affembly was called before it expired again; who (though very much refenting the bebaviour of the privy-council in lending their countena-nce to this proceeding, yet), in confideratio11 that the bill had taken its rife and being in their houfe ab origine,, and therefore virtually their own bill, they let the matter pafs. But furely this tamenefs on the part of the a1Iembly was blameable. When necefary l:atutes have been for fome time difcontinued, the king may by proclamation give notice, that fuch l:atutes hall be put in due execution in time to come. But the king cannot by proclamation renew an expired 1aw; for that would be tantamount to making new laws by bis fole authority, which he cannot do [gj. A law ceafes to be a law the infiant it expires; and cannot be brought. to life again, except by confent of all the legil.Jtive bodies united. What then did the governor and bis council in this cae, but afom~ an illegal power of legilation, and fubjugate the iland to a tax of two years duration, by no other authority than their. own [g J I can find no precedent fimilar to tltis in our Englih hilory, except that of the 3 1 fi: of He111y VIII. when his parliament were fo infamoufly complaifanr, as to furrender all the ecclei. aftical apd civ.il liberties of the kingdom into his hands; and paTed an atl-, ordaining, "that pro clamations, ma
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BOOK I. CH A P. X. .A PPEND. order? This inl:ance may charaterize the tyranny fo licentioui1y prali (ed here in thefe early times. It would be tedious, indeed, to enumerate all the abufes committed by the governors of thofe days, in conjunB:ion with their faithfol adherents the privy-council. One might well wonder, that fo much egregious defpotifm hould ever have been fufered, by the inhabitants of any civilized part of the Britih dominions, to be fo wantonly exercifed over tbeir perfons and elates by fuch a handful of defpic~ble inl:ruments. Nor is i.t lefs al:onihing, by what means the colon y, opprefed by foch mi( government, efcaped a total ruin ; unlefs we fu ppofe that, like fome religious fels, the people throve under perfecution. Antecedcnt to the Revolution, the privy-council, with all the fu /o. l'a J'j'~ rious and implacable zeal of bigotry, harrafied incefantly Proteflants, Jews, and every one who did not openly avow the doa:rines of Popery. They ufed to iue their warrants for ipprehending and, bringing befare them the mo~ refp~bble m cn in the country upar; every frivolous occafion.. They interrogated them upon oath, to extort evidence from their reply ; and, \:.. 1 hen it happencd th.at they were charged with baving uttered or doue any thing whatever that could be conhued to cenfure,. in the leal: degree, either the mem:bers of the board, or their meafures; fuch high contempt was punifed by exating a fecurity for their future good behaviour, in tbe mofi exorbitant penalties, amounting often to ten tim es more than the va1ue of thei r el:ates., U pon their refufal or inabi]ity to com ply, they were imprifoned, by order of the board, in the common gaol, d uring pleafure ; and the benefit of habeas corpus was pofitively refu[ed them., A member of the afernbly wo.s fined and im:prifoned,. only for faying, in a debate, ~j>Bp-Hli Be; .A.lu,,,p"'f'J,.,,.lc;J~~,a..Lc_y,~ Such were thefe fiar-chamber privy-counfellors, who, aiied with a Popih attorney-.general, were ampitious to keep evcn pace with the tyrant who at that time difgraced the Briti(h throne. But their li centioufnefs was happily rel:rained in the focceeding reign; which forced tbe torrent of defpotifm to fubfide both here and at home, aod COQ;ned it withjn a n arr:ovvel' chann~J. s E e ~r.

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J A M A I C A. s E e T. A T prefent, the power of tbe privy-council here, as dil:int from their exercife of a legiflative power, is fo limited as fcarcely to be definable. Commitments of the fubjet for arbitrary caufes, and pretended contempts of their board, which they ,vere fuffered to order till very Jately, are now entirely at an end. The privy council of Great-Britain is found to pofiefs no greater latitude of authority in this cafe, than what is vel:ed in an ordinary Jul:ice .., .\ ,. ~1 !' of the peace; with this forther limitation, that the perfons they commit cannot propcrly be apprehended in the fir!t inl:ance by their warrant, except for treafonab]e pral:ices, or deGgns again{t the l:ate, either violently prefumed, or al:ually charged upon oath: but arbitrary commitments are beyond their fphere; for the ex plication of this, we are indebted to lord Camden in the cafe of Mr. Wilkes. Yet, notwithl:anding his lordhip's definitive judgement on tbe point, our Jamaica privy-council were very un "villing to yield up the delightful occupation they had affu1ned, of hewing their importance by the exercife of illegal power over their fellow-fubjel:s. But, in the late cafe of Mr. Douglas (1768), who wzis imprifoned by their warrant for a foppofed contempt, and releafed by the chief jul:ice on his writ of habeas corpus, they were :ildjuclged by the fupreme court to have no right of rel:raining pub. le liberty vel:ed in them by the laws and confiitution of their cou:.?try .. Their powers, therefore, as a privy-council, are confined ,, v" cfrfly to"their advifi.ng the governor's meafures, whenever he is pleafed to demand their counfel; and to the examinng and paffing the revenue accounts; it being thought necefary, that no order for public money hould be figned and and ifiued by a governor, except by their advice, and in their prefence. Thefe and other their funl:ions as a privy-council are regulated, either by the laws of the colon y, or by the king' s inl:rul:ions to the governor; which latter are undoubtedly laws to the privy-council, however otherwife they may be received or treated by the rel: of his majefiy's fub jel:s. It is by virtue of the king' s inl:ruttions, that they exercife, rn

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B O O K I. CHAP. X. A P PEND. 1 75 in conjuntion with the governor, the judicial power of hearing and determining appeals on cafes of error in civil caufes_ from th& 'tourts of record, and in cafes of fines impofed by tbe law courts for miJdemeanors. Under this order, the crown has given them,. jointly with the governor, a fonn of judicature, in part refembling what is exercifed by the houfe of peers in Britain. But appeals from chancery decrees lie not before them as before the houfo of peers: for the governor himfelf, being chancellor, and the privy council nt holding egual or fimilar rank here, c::mnot co ntroul the chancellor, nor animadvert on his decrees. Such appeals, there fore, are, by the king's order, avoked before his majel:y himelf in council, as the fupreme difpenfer f jufiice and dernier refort in thefe cafes. The Britih privy, council ae exprefsly debarred from holding fuch pleas before them, on the properties of Engli(h fubjel:s, by the ftatute of 16 Charles I. c. x. 5, 1 640, in thefe words: Be it like" wife declared and enaB:ed, that neither bis maj e fiy, nor bis privy .. council, have, or ought to have, any jurifditi o n, power, or autho ,, rity, by Englil1 bill, petition, articles, libe!, or any other arbi" trary way whatfoever, to examine, or draw into qnet1ion, deter" mine, or difpote of, the lands, tenements, hereditaments, goods, or '' chattels, of any the fobj e ts of this kingdom; but that the fame ought to be tried and det e rmined in the ordinary courts of juftice, and by the ordinary courts of th e law.'' This l:atute having been made long befare the fettlement o f Jamaica, the colony feems well entitled to the benefit of it, unl e fs the inhabitants can be pro.ved not to be fobj e ts of the kingdom of England. vVhat the reafon was whi c h moved the crown to efiablih fuch a judicature ii-1 the colony, I am not infor me d, nor can fcarcely form a guefa. It was thought nec d fory, p e rh ~: p s a jurifdition ihould refide fomewhere, which might re fo rm the erroneous j udgements of the inferior courts of law : but this c o urt of appeal is not competent to fnch an cmd, be caufe a further ap p eal les from its determinations to the king in council: if, t h erefore, it did not exil:, there would be no failure of ju l:i ce, a s w rits of error mig h t travel, without halting by the way, imm edi :1 tdy from the c o urt of law to bis majel:y in council ; which has fome t i mes ha ppened, when, by reafon of too fmall a iuorum of 7 the

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rI J A M A I C A. the connci'l ( excluG.ve of the juclgcs, members of the board, who firll t1icd the cr.u(e, and therefore could not fit upon it again in the appe:11 court), a court of error cou1d not be formed. If the pre v.;::ntion of delays, and givin~, a quicker difpatcb to the courts of iufce in thc co1onies, was the motive, experience convir~ces us_, ~that the iffue has taken -quite the contrary turn; for (in Jamaica at leaft) few -caues are brought into this court, except for the mere fake of deby. And, in fome cafes, where membe:s of the privy council (that is to fay, the judges of this court themfeh es) vvere parties to fome of the foits depending in it; governors have been more than fofpeted of carrying their private attachments fo far, as to evade holding a court from year to year; during which the c'aufos flept, ,1nd tbe adverfe foitors were precluded from regular jui1ice. If this tribunal hould not be abolihed, as unnecefary, and not anfwerable to tbe euds of its inl:itution ; it n1ight at leal: be proper to lay fome rel:ribons u pon it; namely, that no privy .counfellor, for the time being, hould fue or be .1eable in it; but that all appeals, brought by or againl: them, from a judgernent given in tbe inferior courts, hould proceed imn1ediately before the king in col.rncil ; fit and certain times in the year fhould likewife be afgned for the feffion of tbe cou rt. Thefe reforn1ations would take away the principal fources of the general complaint, that it ferves only the purpof~ of a dungeon for the incarceration of "jul:ice." S E C T. VI. IN England 1110ft of the king's privy-council, who are not peers of the rea1m, are members of the houfe of commo_ns. Herein is another very eifontial difference bet\Yeen bis 1najeCry's rrivy-council in the motber country and the pr\'j'-council of Jamaica. A mem ber of the privy-council 1 ere cannot be a me1nber of the houfe of aHe1nbly, without refiguing all prctenfions to legibture at his own board; for this would give hi1n a double negative upon every bill. U pon the like principle, it has been ruled by the houfo, that a 1nember of the privy-council onght not to vote at det:ions of members

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BOOK I. CHAP. X. APPEN D. members to ferve in afiembly; for, if this was permitted, fo long as the privy-council are allowed to exercife legiflature, it mul: fre quently happen, that the member they voted far would be fo 1nuch under their influence, as to carry an unfree voice into the houfe ; .and thus, by an improper bias, the member's voice there would be the fame in effel:, as if the privy-counfellors themfelves, who controuled him, were to be perfonally prefent, and give it. Be ... fides, whill: they exercife thc power of putting a negative on the afembly's proceedings, they enjoy -a liare in the legilation of the colony far foperior to that of the people. A writer, alluding to a late difpute in the iland of St. Kitt's, makes the following remarks. The legilature of Great Britain, fays he, is compofed of three '' parts, difnl: from, and independent of, each other. That of "the colony confil:s of four; for the king (not being bound by his reprefentative, whofe afent is abfolutely necefary in paffing all al:s) forms a difiinl:, feparate branch, and can, by difenting fr01n it, totally difannull every al: pafed by the goven1or, coun" cil, and afien1bly. The governor and council are appointed by the king, but can be re1noved at pleafore. The lords enjoy cer "' tain honours and privileges, w hich defcend to their pol:erity, and '' can but in a very few inl:ances be forfeited. They form the highel: court of judicature known to the law; from. whofe deter ,, mination no appeal lies. In all civil proce[s, their perfons are facred; at~d in crim_in;l they ar~ tried b .. t.,~l; e~houfe_ of peers. The council of St. K1tt s hold the1r feats durfng.;the krng's ple1~, fore; nay, may be deprived of the1n by the governot, wh .him '' felf holds his commiffion only by the royal favour. They form a court of error; but from them an appeal lies befare the king in council: their perfons are not protel:ed, but may be taken. "' in execution in civil procefs; and in criminal they would be tried -(,' by a jury of twelve men, not by the council. Nor is the analogy between the commons and afiembly l:ronger ; only they ar .. e both elel:ive, and the reprefentatives of a certain clafs of people in both '' places. For the afiembly cannot pratelt the perfons of their members, but during their a:ual fitting in the houfe.. They can not adjourn themfelves even de die in diem. They cannot appoint "' their own clerk, nor any one ervant attending the houfe; who V oL. I. A a all

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178 J A 1\f A I C A. all hold their places, and are appointed by commiffion from the '' commander in chief." : Jn regard to the politicaldifability, which a member of the coun. cil the r e is fu ppofed to be under, to vote at eletions of perfons to ferve in afembly, the author fays, Suppofe a freeholder, meerly for being a member of the conncil, is rendered incapable of vot ing far reprefentatives, and that he hould be deprived of bis feat '' at that board on the day after the afiembly are eleted; by whom, or in what manner, would fuch a freeholder be reprefented du ring the continuance of that afembly ?" The writer's defcription of the limited powers of the council is undoubtedly jul:. If we hould conceive, that, in the original frame of colony government, the idea of conlituting three dil:int branches, upon the principies and fonn of government in the mo ther country, ever occurred to the founders of it; yet we find it ha s. fallen far hort of this model in effet Had the council been ap pointed for life, the fimilitude lvould ha,ve been m uch l:ronger, and their powers more agreeable to the principies of the Britih con .fiitution: but, as they fit only durante bene placito, they can neve r exercife a free and independent voice, nor p:1fs a negati ve in con tradil:ion to the crmvn, without rifque of forfeiting tbeir feats ancl office. So that, as the writer I have quoted very properly :l:at es the fubjel:, here is only one affirmative v:oice of the people i n their aflembly ~fltfentatives, bo:ne clown by three neg~tive~ ; the firft ~he @11!~ ::n; the fecond 111 the governor; the th1rd 1n t;he ~ ~-' -'t t feems, therefore, an abfurdity to have originall y forme& any council forlegiflative purpofes, fiuce the fingle negativ e 0f the governor wouJd be fofficient-, without thejrs, to put an end to any offenive bill prefented by the afembly; unlefs we are to fop;.. pofe the privy-council were only defign.ed to al occafionally as packhorfes between governor :rnd peo ple, to take the odium of re jel:ion from the governor's houlders by anticipation, befare it carne t-o his "cail:ing voice. But as governors have feldom been nice or timid upon thefe oecallons, and have generally endeavoured to de furve a f.ull hare of reproach, by joining with their privy-council heartily and avowedly in unpopular al:s; fo we may infer, that a legiflative power was not originally intend e d for the privy-com1cil ; thar

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BOOK. I. CHAP. X. APPI(ND. 1hat, in a legilative capacity, they are unnecefary to the crown, becaufe the governor's negative is equivalent without them; and that they are unnecefary to the people, as at prefent conHituted, there can be no cloubt, becaufe they are neither free nor independent The analogy between the colony afembly and the houfe of com mons is certainly much l:ronger: for although it is granted, that the afembly of St. Kitt's differ wide]y from that houfe, in tbeir not adjourning themfelves from day to 9ay, and not being able to ap point their own officers; yet they agree perfel:ly well in t he more eilential points; which are, freedom of elel:ion and debate; the rights of framing, amending, and repealing of bills; the judging of eletions; controul of their own body; &c. The Jamaica afembly vary but little from the pattern in the moth~r country. They adjourn themfelves de die in diem; appoint all their own officers, and remove them at pleafre; expel, or take in cufiody, all contumacious members; and enforce the bufinefs of the houfe, by taking in cul:ody, or ordering before their bar, other perfons who are not members. That a privy-counfellor is under a difability, whil e he is foch, to vote at elel:ions, is perfel:]y clear to my apprehenion, notvvithl:anding the cafe fuppofed by the writer. My opinion is founded 011 finiilar rea-fons which operate in the cafe of a peer of the realm. vVhilfi the privy-council are indulgcd with the exercifo of a legila-tive power, the reafons, which produce .a ,d ifob i lity in -the peer as to this ri g ht of voting, are equally applicable to a member of the privy-council; for he would then hav e two voices in the legilature; one by his deputy, o-r reprefentative, in affembly; the other perfonally in council; a plurality of voice, in con fil:ent with the equal rights of -the b o d y of fre e holders, irre co ncil eab le with the confiituti on a nd p n bl i c goo d His right of v otin g a t elet1ions is in abey a nc e only, wh i ll: lie continues member o f the board ; and jufily fo, b :: caufe there he exerc i ( cs a m.uch more ,tr anfc e nd e nt pow e r or pr e tenGon, that of controuli n g by hi.s ingle voic e the united voices of tb e whole r e p.refeutativ e bocly. vVhen he q u it s his feat at the boar d or is fofpended, he b e corn e s reinfhted in his right of voting in c omi non with other fre eh o l de rs, to be ex ercifed when an el e ction aga in happens: the n ;it u re of the cafo makes it impofblc to be otherwife. A : peer may b e a free.holder, A a 2 b\1t

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180 J A M A I C A. but cannot vote at eletions, though bis freehold (rnpfy conidered) onfers the qualification of voting.. The a0cepting an office of pro ofit or honour under the crown may, in many cafes, debur a man from the opportunity of voting; an officer in the navy or army, or -eul:oms, an embaffador, confuJ, governor, and a hundred others. Suppofe an officer to be ordered on fervice jul: on the eve of a ge neral eletion,. and fo preclud~d the oppor.tu nity of giving hisvote; : and that, foon after the new houfe o( commons is afembled, he lliould happen to be cahiered or difcharged: we may juil as pro perly afk. the fame quel:ion as the writer ; In what manner would fuch a freeholder be reprefented dung the continuance 'f that ,, houfe ~f commons ?,'' The hanour of ferving the crown is of itfelf eleemed no mean ditintion aad benefit~ .. 'fhe fubJet, in thefe cafes, is 0bljged to foerfede for a while bis right of voting, .. that he may enjoy the honour and felicity of erving the crown : : in other words~ he ex changes one benefit for another. What, then, ooes the fufpended counfellor 1'nean ? Does he defire, becaufe he did not vote for the members returrnid for the precint where bis property lies, that, notwithl:anding thofe members were chofenr have fitten and voted as legal reprefentati~es for tbat precint, they ball, upon his fufpenfion or quitting nis feat, be fufpended a1f(): from their feats in afiembly, and fent back to the precint and to a new elefrion, for no other reafon but that he may have opportu nity to gi.ve bis fing}e fuffrage for or againl: them ?: The notion is abfurd in every view. A peer, though he does not vote, finds means to influ~nce thofe who do vote ; -; and i.t is well ~ known, that : too man y of them put in member.s for borough-towr1s. A gentle: man of a colony council is generally a perfon of large fortune and interefl ; and he is, chief!y for the[e very confiderations app0inted, bec.aufe they enable him more effet:ually to fupport the governor's adminil:ration. :None of them wiil be hardy enough to aflert, that :. they do never interfere with eletions, or that their influence has no weight in returning" particular candidates, whofecaufo they efpoue : the contrary is notorious. It is true, this practioe is not : incq.ental to their charater : of privy-counfellors; but, if the fats are fo ( which cannot be denied), they prove the gifi of my argu~ rnent;, and fuew, that the fuf_P,enfion of their.. elel:ive vote is more than i

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HOOK I. CHAP: X APPEN D than counter-balanced by their negative voice at the hoard, and by their power and infl:uence in the abfolute difpofal of other men's voices at eletions, and in afembly. Inl:ead therefore of lofing, they very unjuftifiab1y gain much more than ought in found policy to be allowed"' SE C T. VII. THE difparity between the privy-council in B'ritain, and ours in Jamaica, is inconfiftent with the clobine of affimilation, for th~ reafons already given, and as they deviate entirely in the point of legilatio11-.1f the king had conlituted the privy-cou ncil of Ja maica as a board of reference, to revife aH bills pafled by the houfe of afembly, and give their advice concerning them to the governor ; the analogy becween them would have been plain and obvious .. But, as they are invel:ed by their privy feals with no other office or funtion than that of fimple privy-counfeHors, it is difllcult to trace a proper ground for the foperaddition of a legilave controuling power, whi-ch the like body in the rnother comJtry are i.ncapable of exercifing in refpel: to aels of parliarnttnt, artd do only exercifein repea to plantation la\vs--, as a board of reference fr01n his majel:y, to .i:dvife hi1n of the ten01 : and tendency of thofe laws. For, to prevent any law being in force prejudiciaf to the rights 0f the crown, the king has ref.ei:ved his calit11g voice, to fave his prerogative entire. It is not fit that the cro\vn h0uld be bound conclufively by tbe concnt of a govemor ia a matter of fuch mument, where (without this refervaton) it might poffibly pecome anirreparable Iofer, t:hrough the n e gli-gence, ignorance, or venality, of it~ 1ninil:er. This is the true reafon why the king maintain:s a double negative on 1aws enat e d in the plantat;ous, and caufes them to be revifed by his privy-council in Teat Brita in, not booing to be irremediably bound by the ab of h is deleg a te in mat ters of legilation. The crown may inhibit its miniil: e r, or go vernor, to rejet or not rejel: a bill of afiembiy un fofa he has p.re viouly taken the opinion and advice of the perfons appointed to aclvife hi1n, The crown may alfo thi.nk prnper to regu Lite the ~011d tr :l

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J A M A I C A. condut and proceedings of thefe advifcrs by inH:rutions. But no power, which thefo advifers may claim or exercife by virtue of any fuch inlrutions, is or can be legal, except fo far as they are expref s l y grounded u pon, and in u ni fon with, the known el:ablhed laws of the kingdom and colony. All beyond this line is ufrpa tion and tyranny. In regard to any privileges of our privy-council, I may fay, in the vvords of a lieutenant gover11or, I know of none they have dil:inl: from the rel: of his majel:y's fubjel-s." To u n law folly {b-ike, wound, or to endeavour or compafs the dc::ith. of a privy-counfellor of Great Britain, \vhill: in the execution of his office," was, it is true, made felony by a l:::itute of queen Anne, in confequence of Guifcard's attempt on Mr. Harley. But this fiatute relates folely to the privy-council of Great Britain; and his n.'ajel:y is debarred by law from having any more than one fuch privy-council. Sorne have pretended, that, "as privy-counfellors of the colon y, their perfons and effets are f :: cured from all civil u procefs." l quefiion if there is any member of his majel:y's privy-council in Great Britain, who is not protel:ecl, either by his being a peer, or a 1nember of tbe houfe of commons; but, if there is any one among the1n who has not fuch proteB:ion, I prefume that his officc of privy-couufellor (except while in the al:ual exe cution of it) will not fecu re his perfon from arrel, nor bis goods from attachment, for fati s faion of bis jul: debts. Others alledge, that the privy-council of Jamaica are entitled to perfonal pro H tel:ion at lea{t, as being fervants of bis majel:y; ,., for that bis majel:y" s iervants in Great-Britain are, by heing fnch, under '' this degree of privilege." True it is tbat bis majel:y's domen-ic menial fervants, rdiding within the verge oJ: the royal pabce, have this proteB:ion; but it extends not to a1f v ffi-van~ of tbe crown, that I kno\v of, nor to .any forther iimit th;t; the verge. The per fonal dignity and immunity of the fovercign emanate in this cafe to bis ferv,mts of th houfhold; for thefc are proper :rnd nc-cefary for his perfonal acc o mmodation. The extenfion of th is privilege to others refiding within the verge, who are not of the houhold, is an abufe which grew out of this ancient prerogc1tive. If the membcrs of our privy-council reided within the kiug's houfe ~t s St.

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B O O K I. CHAP. X. A P PE N D. St. lago de la Vega, or were fervants in the governor's family, they doubtlefs might lay claim to correfpondent privilege, upan the g round of ailimilation, within the boundaries or verge of the king's houfe; but this pretext muft appear as frivolous as the former one. lt has likewife been contended for, '" that they are entitled to privilege of perfon and goods, as a branch of legilature,,, This would be readily allowed, if their legilative rights could be made out clear and unexc :ptionable; for then the privilege would ftand inconteftab]y founded on the !ex et confuetudo parliamenti, a part of the Englih lav;,,, and the birth-right of Englih fubj et1s; without which, neither the commons in Great-Britain nor in the colonies would have lawful authority to legilate by their reprefentatives The origin of this privilege hews it never was intended for a privy council. lt was a provifion, that the deputies, elel:ed by the com mons, mignt not be diverted from the public bufrnefs by prvate li tigations, no r be opprefid by the power of the crown. But this their privilege bas been indulged by the laws only to a certain lati tude. Therefore, on thc difolution of the afiembly, the privy council (even if fuppofed a competent legiflative) could enjoy the privilege againl: arrel: of body no longer than for a reafonabl~ time redeundo ; nor a r evival of it until the next meeting of affembly. Hence then it appears that, even a;; legilators, they could ; not hold a claim to uninterrupted or perpetua! privilege. This inviolability of perfon is peculiar alone to the peers of Great-Britain .. Yet the privy-council of J a1naica have not onl y claimed the~e pri vileges in the fame extent as the houfe of lords e1~joy thcm; but iniil:ed on other matters as their undoubted right, ".vithout de clariug by wlut means they became juHly entitled to thcm. Mere afertion cannot demonl:rate a right. The e:~il:ence of it houlcl be proved, and made indubitably clear, by a true dedul:ion frotn the fountain head'; and its_ legality fairly and fo1ly afr:ertained. If. this cannot be done, all pretended claim of fo.ch right is, 'VOX, et prceterea nihil. Among other aflertious of theirs are tbe fo! lowing: That their board has a right, not only to rejel:, but amend, '' money bills ; and to appl y pu blic money [h J." [b]: In r728, dl!ringMr. Hmtcr's goyernment. That

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JAMAICA ~ That, 'in their legif:lati ve ca'Pacity, they are equally endtled, with the reprefentatives of the people, to the exercife of freedom and inde,pendence in ali thei1: deliberatious [iJ ." That no perfou whatfoever" (in this word both kinPand o governor are included), hath, or ought to h?ve, any right to ad" monifh them for their proceedings in fuch their legilative ca pacity [i]." That their b ody have at le1l: an equal power and right of legiflation: with the houfo of reprefontatives, which they will never fuffer to be abridged or infringed [i].'' '' That the right of legiflation in the council appears, from the principles of the oonlitution of this iiland, to be as antient and undoubtecl a.s that of the reprefentatives of the people [ k] ." That his maje11y, by an article of bis royal inflrulions, hath exprefsly direled, that bis couucil hall have a right to H frame, alter, ior amend, money bills ; and that the governor, or comm.ander in chief, do fupport them in this particular [k].'' Thefe pofions appear very extraordinary, beca u fe they are inca pable of proof: for this reafon, they are of a mifchievous ten dency, and the fource of eternal wrangling; fince a fbJet, which admits not of proof, may yet admit .of endlefs controver1y. They are direlly repu;gnant to the ufage of parliament. In refper, for example, to bilis which contain any claufes levying money on the fubjel, either by way of tax: or penalty, the con1mons will not foffer the lords to amend fuch daufes. Ju fair argument, the ground or reafon of any pofition is the firl: thing den:;.ianded; but, if the propounder, either not knowing, or being unwillig to produce, the grcmnd or reafon, l:ill continues to infl: with vehemence on the truth of his problem ; it is plain the difpute can never be termi nated, at leal: any other way than by his opponent's demonl:rating it to be falfe, and forcing him to yield -it up. This cannot readily be done when the controverfy happens between cither religious or political afociations of men ; becaufe, the lul: of power being_ oftentimes the only fundamental principle on which the claim or ufurpation rel:s, every conceffion in argument mul: tend to weaken or del:roy that power.. The party the-refore in pofeffion of it en. [i] 3 r Dec. 1: 57. [kJ 22 Feb 17.70. deavour

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B O O K I. C H A P. X. A PP EN D. I 8 5 deavour, by every means they can, to nvolve the origin of their .l?retenG ons in darknefs and myl:ery; and thus, like the fcuttlefih, elude their enemy's gralp. \Vith all proper deference, howevet, to tbe privy-coun~il, I will t-ake th~ liberty of examining more minutely the foundation of their frruEture. If, by pointing out its defe&, I hould happen to overthrow their preent tottering houfe, it will be fome recompence afterwards to lay before them a plan for building up another more convenient and durable. S E C T. VIII. IN a legilaturn compounded of feveral orders in the l:ate, it is fentially necefary to their office, charal:er, and ufo, as legiators, that they hould be wholly independent of each other [/]. Such is the le gilature of Great-Britain, confil:ing of king, lords, and coiumons ; whofe diil:inl: rights and operations in legilature are fofficiently known and marked out, to prevent them from encroaching upan and overwhelming each other. "The two houfes naturally drawing in two direlions, and the prerogative in another l:ill oppofe to them both, they mutually keep each-other from exceeding their pro ,, per limits; while the whole is prevented from feparation, and artificially connel:ed together by the mixed nature of the crown, u which is a part of the legilative, and the fole executive ma gihate.''-" If the king had avowedly a right to animadvert '' on either of the two houfes of parliament, that br:mch of the Je ... gilature, fo fubjel to animadverfi6n, would inlantly ceafe to be part of the fpreme power ; the balance of the conl:itution would be overturned; and that branch in which this jurifrlil:ion reided would be completely fovereign [ m ]." Our conl:itution, [l] A man, independent of every -one elfe, has no other rule to pur(ue but the cmmfels of hr! own reafon; and, in confequence of this independencef he is freed from all fobjeEtion to another's will. In iliort, he is abfolute h1afrer of himfelf and his ations. But the cafe is not the fome with a man who is fuppofeJ to be dependent on another, as on his foperior and nw.frer. The fenf~ ot this dcpernlence ought naturally .ro engage the inferior to take the will of him 011 whom he -de~ pends for the rule of his condud. This has more or lefs extent and effet1, in proportion as the fuperiority of the one, and the dependence of the other, is greater or lefs.-Burlamaqui. :Cr, J Blackl:one, V oL. I. B h ther~fore,

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186 ;?, '\ J A M A I C A. therefor in this colony is far from being agreeabie to the fpirit of the nglih conl:itution ; it is not fo perfel: as our f-11: ]egila ture, confl:ing only of a governor anda courtcil of reprefentatives of the peop1e, which were eac h independent of the other in their legilative fonl:ions. \iVben the privy-council (which feem to ha.ve been afiociated with the governor originally, as I 11.ave before remarked, as advifers to him in the exercifo of his executive and legiflative powers) became afterwards, by their own authrity, converted in~o a third brancl1; there was neccfarily an end put to the exifience of a true and conl:itutional legilature. The privy council, an unlable, dependent body, put in or turned out of their office at pleafure of the fupren1c executive powe:, prefumed to be (rnder the conl:ant influence of that power, by hopes, fears, reward, or coercions, cannot be ckemed to forrn a conl:itutiona:l check on the afpiring dfpofition or al:ual incroachments of a go vernor, or ther minil:er, 011 the rights and immunities of the people; and, when attached by friendiliip, fer, fervility, a fenfe of their dependent late, or other motive, to a governor's mea fores, they defiroy that due equipoife tvhich ought to be rnaintained between the crown and the fobjct; they likewife diminih in no fmall degree the legilative independency of the people~s repre[en tatives. I have before l1evvn, that the king's ,vill is the fole con fiituent of a privy-coun[ellor. But, although the king's will is fufficient for this particufar end, it follows not, tbat, by v, illing them to be privy~counfellors, he at the fame time wills thcm to be a Iegilative body. It is true, that, on becoming counfellors by t be king' s will, they exerci{e a legiflative pmveF; but they mul: either found this pmver on the king's will, or their own. In either cafe it is demonl:rabk, that fuch a pmver cannot be confiitutionaHy maintained nor excrcifed u pon fucb a foundationr As the fovereigr~ holds h is le~ 1 iative power origin~lly of the will of each member of fociety; it is evident no man can confer upon another a right which he has not in himfelf; and confequently tf1e legilative power of the cr own is not to be extended beyond this 1imit. No derived power (as the alembly obferved, in tbeir ac~drefs to the king, in lord ,Carlile's time,) is greater than the primitive. :ro the fame effe: fays the j,udicious Locke : tlie v1 : ill of the '' people

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B O OK I. CHAP. ~APPEND. 187 people alone can app o int the form of the commonwealth; which is, by confiituting the legilative, and appointing in whofe hands that !hall be. And, when the people have faid, 'We will fobmit '' to rules, and b e governed by l.i,ws, made by fuch men, and in '' fuch forms ;' no body elfe can fay, 'Other men hall make laws ,e for them ;' nor can the people be bound by any laws but fuch as are enared by thoft whom they have chafen and authorized to '' make bws for t h em. The po,ver of the legilative, being de "' rived from the people by a p o fitive voluntary grant and inl:itu ,, tion, can be no other than what that pofitive grant conveyed; \vhich b e ing on1y to make laws, and not to make legilators, tbe legiflative c::rn have no right to transfer their authority o making laws, and place it in other hands : the legilative neither mul: nor can transfer the po\lYer of making laws to any body elfo, nor pla:e "it any where, but where the people have." lt is not conl:ituJionally, then, in the power of the crown to elet a legilature of its own, to give laws to the people: nor does this impeach the king's right of delegating bis negative voice to the governor here on bills pafed by the afiembly; for it is welLknown, that the king
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' 188 J A M A I C A. m.ere dif!um of the crown be made a legilative body, and wer not originally and legally endued with the rights and powers incidental to a Britih legilature, they cannot legally make themfelves what the fovereign himfelf is unable to rnake them. Parliamentary writs of fummons are iffued to both houfes ex debito jujli-tice; and this is the -eonftutional mode of their afembling for legilative purpofes, and to which they are entitled as of right, in the fame manner as they are to any other conftutional right: fo, if they were voluntarily to afemble without thefe writs, their meeting would not be called a parliam ~ nt, but a convention ; which was the cafe when James II abdi c ated. The parliament was afterwards neceffitated to enal: a law for making the al:s of that convention legal. But to thefe writs, or any fummons refembling them, our priv y-council, being no con flitutional part 9[ the legilature, are not entitled, and cannot be called together in this manner for legilativ:e purpofes. Their meet i ng i s in the nature of a convention ; and their ats of legifla t io n wou ld have no ftamp of legality, if the laws, paled in the co urfo of every fefon, did not in fome degree confer it pro tempore in the enal:ing part, by the word5, "Be it enal:ed by the governor, council, and afembly ." In thefe al:s, the afembly pray or pe tition ; which indica tes their fole right of framing: and the go vernor, council, and afembly, enal: or ratify. But, w.hatever tole ration in this refpel: the people of the ifland may appear to have : exprdfod by their reprefentatives, it did not arife from their pofive voluntary grant, and has not therefore been obtained in fo erte&ual a manner, as to tel:ify a ful! and abfolutely perfel: confent on their part; which, indeed, could only be manifel:ed by their inlruting' their repreentatives to pafs a bill for e:lablifing the privy-council for the time being into a dil:int branch of the legilature. 1 ha'.l add forther, on the preceding head, that the, proclamation., iffued i in_ bis ffiajel:y's name for calli.ng the afembly to mect af.tet a pro roga.tion, c~tends to the alembly, or houfe of re,prefentatives only. This, in fome colonies, is called the general afiembly ;" aqd, in others, the commons hot1fo of afiernbly." But, in Great Btain, his maje-l:y's prodama-tion in tbe 1ike cafe nms to the parliament" generally; which word comprehends the upper and lowex 4?t1ks -; The journals (as they are called) of the p~vycouncil,

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BOOK r. : CHAP. X. A PPEND~ cit ; refpecting their legilative bufinefs, are at this day ent er cd up in the fame n1anner as the minutes of the pr.ivy-council, the go, v ernor's name excepted. They begin with the names of the members prefent, the preGdent or fenior counfellor being the firl:named In the,like manner were their journals or minutes k~pt in former time, whenthe governors fat with'them; only with this difference, th.at the governor's name was alfo inferted as prefent among then1; in which they followed the method of the privy-council in GreatBritain ,. \vhofo minutes begin thus, pr e fent the king:s mot1 ex'" cellent majel:y." Then follows the lord prefident's name; and after him the other merpbers, according to eniority. The go v e rno r's name was not omitted, till our privy-council took occaon to vote themfelves into a dilinct legilative body; when they -likewife mnde a dil:inJ:ion between their minutes and journals, afiig~1ing the former to therr proceedings as a privy-council, and the la:tter (i n imitation of the houfe of lords) as a receptad e for their Jegiflative bufinefs This expedient hews clel.dy the embarrafment they were under, and the utter impoili.bility they founcl, in at tempting th e unnatural incorporation of a privy and a ,. legilative c0uncil. .. In hort, could we foppofe a while the houfe of lords to he wholly extinB: by the natural death of all the peers of Great B ritain a n d the i r male s line and that the king tbought fit ; to create no new ones ; but, in order to have a third e.late in the realm, hould take u pon him ta let the memb e r s of. his priv y -council ex ercife the fam c p o wers and right s and fill thi s g a p i n the Bi ; itih legil a ture w i th th a t body of fobjets; who is tbere wou l d I?Ot fa y th.is mode,.oL creat ng fucha br a nch is illegaL; ancl inconfl:en1: with the Briti(h frame aud conlitut i on oC governrneut, frorn when ce alone th e legibtiv e ordel's of the 0 kingdorn arn to derive .their for mation and effence, a n d whi c h hav:e given the fovereign no po w er to fob{Htute any oth e r form, orto fpp l y foGh a de fot if fo c h hould ev er h8ppen, by any other means than wh::it d 1a t <::0 1~ itut ion has pre!crib e' d, n a m e ly, by b is ~ m ~ ~ e l:y's c nnobling bis pr iv yc ounci l ora nu mberof any otherr of thc comm o n p e ople, :1nd fo cr c :. u ;11 g a n e\v b ody o f p e-:rs in t hc room of th e fo n ner o ne r T!i s h igh pr e rog a ve v 21 s rl oubtlefs aHow ed the fovere i gn, that he rni .;ht fr om tirue to timeT eple 11 i i11 th c houfe o f. p\ ers \vitb n e w m o mbers; and I

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J A M A 1 C A. lf' thus infoing ( as it were) fre!h blood and vigor nto that b o2 y, pre 1erve it from falling to utter decay; and fupport in pe rpet uity fo i1fefol a counter-balance in the fra1e of legilaturr. Bu t al though the fovereign, in virtue of this prerogative, feerns to be t h e creator of this legiative branch; yet let not an a r gument be c1r, \ V n from hence, to fhew the legality or right of his confiituting a difiint legiflative branch in the colonies. The barons and commous of the realm were the original creators of tbe houfe of peers, and the founders of this prerogati ve, to enfore to their pol:erity an effec tual check on defpotifm in the fovereign, on orprefon and ambition in the Larons or powerfol landholders, and on the leveling fpirit of the common peop1e. The fo\ereign is obliged to exercife this prerogatve at the reque(l of the nation; and though, by the exer ti[e of it, peers are created, ard in virtue of the royal patent enjoy the powers and rights hereditarily appurtenant to nobility, and, among the rel:, thofe of legilation and juri[dilion over all fhe in. ferior courts; yet tbey are entirdy independent of their creator, the fovereign. Admitting, therefore, that the kiug is bound to give hi~ Britiih fobjels in the colonies ,a Britifh conHitution of govern ment in all praticable forms, and tbat he may create a third le giflative body there, in as firil: conformity as poilible to the houfe of peers ; it is undeniable, that this conformity and due fnilitude is not, cannot be, m,ntained, unlefa the body fo created be left entirely independent of the crown. This reafoning, applied to the conflitution of our colony as at prefent modeled, feems to prove it extremely incongruous with the fpirit and frame of that of Great-Britain : and, if it may not re ceive amendment in this refiJet, I hould el:eem it the interel: of our privycouncil, c-ompofed -0f gentlemen who hold a large hare of property in the ifland, and who mul: l:and or fall with it, to handle the bufinefs of their legilative with the utmol: delicacy and moderation; in fuch a way as is becoming and neceffa.ry in all cafes where the right of uGng certain powers, which af.fet the well being of a wnole fociety, is in the leal: quel:ionable; for, when ex ercifed otherwife, it mufr tend to di{hb the public peace with the tumult of fation, and obl:rut, by vain controverfy, the public jul:ice, bufinefs, and happinefs.. It is fruitlefa to / exp~t, that t};ie 5 people

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19.1 people of Jamaica will ever be brought to acknowleclge~ that the members of their privy-council are, ex qf/icio, dukes and earls. BOOK J. CHAP. X. AP PEND. S E C T. IX. I DO not know how our conl:itution could be amended in this refpet, unlefs by al: of afiembly promoted by inl:rution from the eletlive body of people in the iland, and confirmed by the crown, or by an at of parliament. For example's fake only, I !hall here delineate a plan which perhaps might effetually anfwer the purpofe. Let us fuppofe, then, the privy-council to be divel:ed of every fontion, except what is peculiar and proper to them as a privy council; and to confl-, as now, of twelve members appointed by bis majel:y's privy-fal, who, by way of dil:intion above the or dinary clafs of fobjel:s, might be knighted. In order to form a third, difiinl:, and independent legiflative el:ate, twelve men of good ability, and clear fortune in the iland to a fpecific amount, might be returned by the afiembly out of their own body. Thefe twelve gentlemen, affi11ed by the chief-julice and attorney-general ( to adv.i[e, but not to vote), would form a third elate. They hould be fommoned regularly at every meeting of alembly by writ, and hold their legilative and judicial ofices quamdiu Je bene gejferint. Their judicature hould lie in matters of error and fine. For offences againl: the duties of their office, the members individually ihould be fbjet to impeachments from the houfe of reprefentatives; and, if founcl guilty upo,1 a fair trial, at which the chief-jul:ice might prefide as high l:eward, they fhould be exclude.:.l pro tempore from their legilative and judicial foniions by the governor; and, in cafe the fentence hould be afterwards con firmed by the crown, the delinquents hould be difqualifiecl from ever ating again in their former capacity, ancf an equal number called up to ferve in their place. U pon an equal divition of votes oa foch occaGons, the fina! det:;r mination might rel: with his majel:y, on confi.deration cif tbe whole evidencc on both fides the quelion. All

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'J A M 'A C 'A AU vacrmcies, happening from time t,o ti.me by death or diquaH .. : fication, hould be fu pplied w ith fit perfone, chafen by the crown or governor, out of the principal freel;olders, having the legal qualification of laded income; and fommoned to ferve by a writ, ot patent, under tbe great fe.il Df Great-.Bitain, 0r the ifland. Mernbers, abfent from the iland for the time of more than a twel vem0nth. _and a , prev-ent an untlue weight heing thrown into the ftale by this means againl: the popular interel:, and to rem-ove anyjealou[y they might conceive againft the : privy-counfell0rs ; fix additional reprefentatives, viz. two for each county, 1night be given to the houfe of reprefentatives; which would make the, whol-e number of that body amount to forty-nine. The two legilative brnches might be diflingtlihed underthe : title of The upper houf-e," .and ~, the lowei:/' or "Coriunous houfe/' Objel:ions mny be made to this plan, in refpe8: te the great ;number of :abfentees, and a fcarcity of perfoa.s here fitly qualified. The whole number that wmrld compofe the privy-council, upp.e~ and lower houfes, amO\:mts -0nly to fixty-eigh-t perfoHs, (up.pofing the privy~council to ohtain feats in the aHembly, whicb wouid probably happen; and forely the iland is populous enough to fupply much more than that number of well-qualified perfon s. The chief-:Jul:ice and judges of the fupreme :eourt, together with -the ittorney-: g,eneral, might, if the crown thought fit, he all of the : Privy-cound-1: in thi-s cafe, there would be lefs inconvenience in aindi~g proyer 1nen to fill .the feveral departments. l would not be :underfiood

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BO O K J. CHAP. X. APPEN O. 1.rnded'cood to mean this as a compleat defcription of ,what an upper legilative houfe rnight or ought to be; -but only as a ketch or hint on whic h others, endued with better capacity, inay improve, and reduce into more perfel form. Something of this kind frems reqnired, to make our confiitution more truly Britih than at prefent it is. lf the limits of this third branch w~re clearly ana confiitutionally pl'anned and afertained, I atn perfaded the go vernment of this iland would not afterwards be fo often embai-rafed with the l:rifes and animofities of council and afombly, afembly and governor; for th~ refpelive branches mul: then know and ackno\Yledge each other's rights, and jurifdi&ions, as plain and un doubted: they would therefore cooperate, withouf jealoufy or ap prehenfion, in giving energy and tranquillity to adminifiration; whill: they, who held properties in 1:his ifland, or were deirous ~f becorning fettlers in it, would be much better fatisfied, when they found that they could, e ven in this remot part of the empire, enter into full enjoyment and inheritance of a compleatly Britih fonn of government. The prefent fonn of government may be regarded as among the foremol: of provincial grievai:ic es; it is a monl:er that owed jts birth to corrupt and unfettld tiqies at l?Otne; but the inconveniences that have refu1ted fro1n it, both to ~he iland and the min'.il:ry, have b e en fo notorious, that ~e can hardly find a reafon for its being fi i ll fuf fo red to exifi. The dread of beginning to make a reform has prol)ably affeled both parties, and filled them with more jealouies than th e r~ was occ~fion for A m eafure fo capable of limitation a s this ~arinot be f1trodul:ive of htir~ to thc jul: rights of prerogat i vc 011 the Ol~e fle, or of popular liberty 011 the other; nor is it to be con_fidercd in the light of an innov;tion, fince it only tends to afmilate "_ the g~)Ve_rnment of a Britih colony nearer to that of the m o theifiat' ., ; the yalu~ and merit of whicl1 conlil: in th e balance t prcfervs, betwee11 the r~1 ling pow ~rs and tbe fubordinate members ofthe fociety. And no folid reafon can be alledgcd, wby thofe fubje8:s, who, for the benefit f the na tion, have d e tache d themfelves into t1i'e fruall, dil:an~, pr~vincial com~u~ities, ooght t~ be pr:cluded from fch a clofe ax~d nec~I~{Y ailim1lat1011, fo. far as 1s prahcable~ VoL. I. e e . (B. )

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/ti l'1s t. .,.,, ; 19+ i J A M A I e A. ~ (B.,) PRoCEEDINGS during th~ GovERNMEN T of the EARL ~fCARI;JS~&., .,. IN the firl: chapter I gave a hort and general account of the firuggle wherein the people of the colony were engaged with their 1 governor lord Carlifle in the years 1678 and I 679. But, as this is a:,, matter of greater importaoce tha..n any occurrin g in the annals of our Jamaica government, t thought it wQuld not be unentertaining to., : give the reader, in thi$ place, ,, a more minute. deta-il of it ; firl: reciting ; briefly fom~ particular~ which happened dur ing the antec:edent ad-: mi:11il:ratiops, and have not befare been mentioned~ .. ln 166 1,, lord Wipdfor arrive.d as goyernor to fuc-ceec;l colonel D'Oyley. He was accompanied by Sir Charl~s Lyttelton, who wa~ appointed ,. chacellor a11 d lieJe~allt-governor They broug}:it the king's pro.. cla mation for encoura,ging the fettlement oL the ifmd,,,a .. great feal, a11d mace. His loxdhip perfoi;med every. thing that could~ b~ ex_eel:ed from him toward$ fulfilling the intent of his r majcl:y's ,. proclamation. Bl,lt fome rumours arofe amongJhe inhabitants, that.. h.e defigned to exa~ mapy exorbitant fees and taxe~ on __ the great. fo;il and land, 0,11 fugars, .. and other commoditie~. This'fufpicion, which wa.$ induftriouly fpre,:14 thxough thejland, and too readily qedited, excited fo )nuch di(guft in the minds of the old foldiers, .,. that they were almoi1: drive.n to muti1,1y The governo,; ~ .in order, to preyent ~ general r~volt, ca \lfed fome of the leadng, m en among .:. them to be feized, .,_ and imprifon~cLunder a frrong g,uard. But, as ,, the rel l:.ilL continued to mrnrnr, aud threate.ned to relinquih their plantatio11s, his lord lhi p, to remove tbeir j~alou fies, pu bli(hed a. declararan; .. w.hereio, after exprdiing his g;eat regacd for the f:l. tere:l a1:id happh1e(s of the peop.ie, he ~ffu red .tbero'; that the. re. ports of ir\Jended fea1 fees and taxe.s were raifed ._ by incendi.ries and i. dil:urbers of the : public pe a~e; that they wer e utter1y fal[e a-od gyoundlef6; that _no fodr-impoitions had be en either appointed or ._ ii1'tded; lnd, finally, that he hd a due refpel tothe povert-y of, ~11e inhabita11ts, and w.ould never C9Ilcur in lfrthening th~ m m,or1 tbau r

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B o O K I. CHAP. X. APPEN D. than was coqvenient to them. Thefe aif rances difpatecl thei r fears, and gave general fatisfaction. His Iordhip departed for ~ngland in 1663, leaving Sir Charles Lyttdton lieutenant governor; who abotJt the beginni11g of December ifoed writs for elelting a ge nera l alembly of reprefentatives. This was the firfl: aHernbly fum mone
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J A M A I C A. cp.ofen or appointed for their knowledge in trade or plantations; but' for their pliant difpofition t a$l the king's defign of efiablihng ar bitrary government in the colonies, ntirely dilur bed this good 0:rder ; :. and : tl1e laft obferva~io'n of Sir Charles was. fuHy verified in : the foqueL In 16 64, Sir Thomas Modiford, fuccefTor to Lyttelton, convened : t-he affembly ; who, fori fome reafons which do not appear, carne together with a ,. temper very different ~rom their predec-flers. The lioufe was divided into fal:ions, and proceeded with all the heat and turbulene ufually attendant upon party feuds. They were pro. rog~edcfrom time to time; and at length difolved : after whichr the gover~or thought proper to call no more aifemblies during the .. remarnder of bis adminifiration. lri tle courfe of their ,. feffinn we learn, that the clerk of the ho~fe, having perfuaded them to leave t~1e king's nai:ne out of the reve_nue-bill in the enal:ing part, and to infert the govemor's; as perfonatiIJg the k-ingin the oflice of pailing : the at, was take~ out of the houfe by the_ governor's wa'rrant, cmmitted to gaol; and there detained for fome time after the. dif folution of that afiembly. This anecdote probably furnihes the i cufe of the animofies p-'evailing in the houfe. The form of ~al:ing had been prefcribed in tbe .. king's infiruti ons to the go vernor. Their objetion lay to the infertion of. the king's name in a money-bilJ, confidering it a s very different from other bills, which "":ere notto take a pe rm.ammt effect until revifed at home; whereas the provifions in their money-bill were im : mediately to take place, a nd would expire befare the crown could ,. have no ti.ce of them : therefor.e, the governor'-s ., confent \vas all : -fofficient. The true iri. tention of this ~ efFort on the revenue.,.biU, perhaps, was, to e~clude the crown in (uture from a do uble neg 4 tive .. If they had carried ; their point in this inance in a money .. bill, they migl'lt have intro.. duced the fame form into all thei~other bills, and fo et1ablihed their principle, that; the gov~rnor heing here tbe reprefontative of the crown, his acr hou;d bind the cr : own ; and tfu~ operation "'of their laws, thus p.aff'ed, not be i~pede&or. fufpended by waiting '" for thc king's determinaton tip0n : them." W11atever might be their true re.afbns, it is certain this early fpirit of oppofition only ferved to qu-icken the i}au, therl ; un:der conideration of his rn~~ I jc~y:,

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B O O K l. CH AP. X. APPEND. 1 97 jel:y, for introducing into this colony a new frame of legilation, fo contrived, as to take from their afiemb1y all power of defending themfelves againl: _any _. future at of tyranny exercifed u pon them either by the crown or its governor. The earl of Carlile was feleted for carrying it into. execution. His comihiffion, dated the 1 l: of' 1\i1arch, 1678, empowered him; among other thirigs, to fummon general affemblies qf the free ''holders and planters within the iland, and other the territories : thereon depending, in fuch manner and form as had been for.:. '' merly prat:ifed and ufed in the ifland; and to agree and confrnt "to all laws, fiatutes, and .ordinances, for the public pe a.:e, welfare, and good government,. of the iland, and. territories thereunto be" longing, and of the people and inhabitants: which faid laws, &c ''being fra1ned with the advice and confent of the council, hould be tranfmitted to bis majefty, to be by him approved, and re~' micted back under the great feal of England ; the faid laws, &c. to be framed as near as conveniently might be to the laws and ftatutes of England." A power was likewife given him, upon ", invafion, .. rebelliDn, or any fudden and neceffary emergency, to pas laws, with confent of the afiembly only, for raifing money_,. and without tranfmitting fuch money-bills to bis majefty." The earl arrived here the I 9th of Ju1y; and brought with him ,_ feveral laws, modeled by the lords commiffioners for trade ac-eording : to the Iriili conlitution, with the great feal of England affixed to them. Among others, was, An at for fettling a perpetua! revenue." lt was provided, by the commiffin and inlrul:ions-, that the af. fembly fould gjve their confent to this bundle of laws without the powerof examining, ~r objeting to, any part of them; that no af fembly fhould be called, except by fpecial order from England-, or upon any extraordinary emergency This w2s the intention of the words, inferted in the commiffion, -" necefiary emergency ;" ; for, under the latitude of their c ~ nl:rutian, i t was left in the governor's dfcretion to judge of, and to create, that ncceffity in what manner, and as ofren or as fe1dom as, he pleafed. The affembly were never to deliberate on new laws, nor on amendment s to old one::. AH their laws in future .were to be fran1ed by the g?vernor and bis p~:vy.;. ,.

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privy .. council, an d remitted from their board to his m;ijefiy-; an J, a fter receiving his approbation, th e -y were to be retumed under the g ieat. fral, an d paled by the general affernbly, after the ,i ufage of lre '. and. This was the new fyl:em of legihtion intended to be fet: ~P in .Jamaica. In hopes to el:abldb it, his lordrnip immediatel y ifoed out writs for c;illing an aifombly. On their meeting, the y cho.Le colonel Beel:on for their fpeaker. During the fe{Eon, bi s lordip made frequent offers to corrupt the members, and preled an ::l importuned tbem, without ce-ang, --to pas the bocly of laws fent m:er. But they l:ill model:ly reil:ed his attempts and ininuations; declarn.g, that the mod e propo:ed wa-s repugnalit to the con fiitution. of England, f which couutr:y they were the natural fubjels; and that they were not
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iro o K 1. CHAP. X. A PP EN D agairi chofen fpeaker. The Jaws, whi c h had been enal:ed in lo rc r Vaughan's admiuil:raton, were continue::1 by rrochrnation durin g 0 liis majel:y's nleafure. His lordhip then commuuicated hi s ord e rt to the alembly; vvho received tbem fubmiffively, but w i th a fi x ed and unanimous determination not to comply with them. I Iowever, as they perceived themfelves lrongly urged by the governor, both with perfuafion and remonfirance; and tbat they were rcduced the dlnnma of either adrnitting or rejeB:ing thc form of conH tutio propofed ; they privately agreed to take advantage of a po pt1 Iar -rumour, at that time current, that the French h~1d meditatcd a defcellt upan the iland. Th'ey hinted therefore t his lordl1ip how necefiary it was, ., at .. this alarming jnlt.re, tlfat the officers then attending in th'e ailembly and cotmcil hould, for the general fafety, be di(perfed to their refpel:ive commands, in order to guard the coafis. Their real defign; couched under this plat1i1b]e repre fentation of their danger, was merely to gain time; which they boped mrght produce fome alterations in their favour; or at leat:t enable them to confult together \vith more privacy, calmnefs; and attention, in regard to the leps they ought to purfue on thi~ trying occafion Having pafled a bill for continuing the : impoft fix months longer, they prefented it to his lordhip ; with a re quefr, by their fpeaker, that he would prorogue them for fome time, that they might take proper meafures for fecuring the y iland ag;ainl: the expe[ted attack. His lordhip, inflenced by the dread Qf a foreign enemy, reaclily afiented to their defire figned the biU, .', a.nd prorngued the houfo to the 2oth of Ol:ober. They employed : th-is prec-ious interval in advifing with:theircon{Htuents,. and framing;' an addrefs to his majefiy 0 againl: the new model; which : was ., brought in, and refolved in their next fefon~ On their meeting again according to the prorogation, bis fordfhip ., renewed his carefes mro mofi preling intreaties; labourng to con. vince them, that it mui1 tend iaconcvably to promo.te thei r interel:' an
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:200 J A M A I C A. in anf wer to the report of_ the lords of trade; and after feveral meetings of committees, and attendances upon his excellency, thcy by degrees voted againl: every one of tbe laws tranfmitteg: from England. The governor, equally forprized and enriged at their firmnefs and unanimity, percving that all his geutle arts of perfuaon were difregarded> began to try the effi:ts of intimida~ tion. He threatened, that, if they perfil:ed in their refufal, he would find a way to punih foch fiubborn difobedience, by fending the leaders of them prifoners to England, to be dealt with there by his m~jely as difaffeB:ed and rebellious to government. On the 1 l: of December, he commanded the fpeak~r, wi th the whole houfe, to attend him ; and then produced before them the :. form of an oath drawn up by himfelf, which he informed them was a tel: of their principles and loyalty; .and that, if any perfon ; among them refofed to take it, he hou.ld conider the recufant as difaffel:ed to bis majely's government. He infil:ed they hould aU ; take the oath in his prefence; and began firl: with their fpeaker, colonel Beel:on, who, on its being tendered to him, deired to be excufed, adding, ,; that he had often taken the oaths of allegiance and fupremacy, and was ready on all occafions to take them again; that he knew of no other oaths impoftd on his majel:y's fubjers by law, and therefore would not take this, for which "there wa.s no authority.." U pori this fpeech, feveral members, both of council and afiembly, refufed the tel:. This refolute con dul: drove bis lordhip beyond all the limits of 1noderation aud decency. He broke out iuto the mol: paiionate gel:iculations; up braiding thcn1 in a : ain of bitter inve:ive, and even fcurrility; dil:inguihing a few among the recufants more particularly witli abufe and infult. This furious demeanor fo terried fome of the members of each body, that about four or five 1 of them were pu, fillanimous enough to fwallow the oath. But let it be recorded, to the eternal honour of the majar part, : that they rejeD:cd his illegal propofition with the difdain it clc fcrved ; and held foch command over their pafons at this trying criis, that~ conidering the govenrnr a meer tool of opprefon, em ployed by bis fuper ors to carry this odious meafore into execu, tio n, th e y de e med him unwort~y their ,.,refentment, .. aad ~ returnefl ~ his

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B O O K I. CH A P. X. A P PE~ D~ 201 his infole:nt language with nothing but a ilent contempt. This was an example of cool forbearance, fingular in thefe times, and d early indicated the good fenfe and manly fortitud~ which cha .. 1:atl:erized thefe patriots. Among the council was colonel Long, wbo \Vas likewife chief jul:ice of the ifland. He had warmly op -po[ed the introdulion of this Irih model, and decbred his ap probation of the fpeaker's reafons for refuing the oath. The go v:ernor was exafperated with a peculiar raucour agaii1l: both thefe gentlemen, but more efpecially the former, \vhom therefore h~ immediately fufpended from bis feat in council, and difmied hin1. from all bis other pol:s and enployments. His excellency diifolved the afembly, and determined to call no more; but, finding himfelf generally abhorred for his violences, and dreading, perhaps, the refentment of an enraged people, he took a refolution about the middle of A pril, 1 680, of departing for England with ali con venient fpeed. That he might pref~nt himfelf before majel:y in. a more acceptable manner, and make fome amends for his inability to carry fo favourite a point which the minil:ry had efpoufed and recom1nended to his management, he determined to take with him, as fiate prifoners, feveral of the leading men among his opponents. But, recollel:ing afterwards the inconveniency of being burthened during the voyage with fo great a nuinber, he fingled out two of the principal, Long and Beel:on; commanding the former to re pair on board the fame hip which was to convey his excellency. Beel:on had jufr before engaged for paifage in another vefel, in tending a voyage to England on bis private atfairs: but the go. venor, being informed that he was not feriouly bent on the voyage, fent for the attorney-general to acquaint him with what he had heard; and deired him to let colonel Beel:on know, that his ex cellency expeled, and infl:ed on, his immediate embarking. That he might make fure of colonel Long, he committed him to prifon, and there kept him until the hip was ready for fea; at which ti me, his excellency caufed him to be conveyed on board, and carried him a prifoner to England. This gentleman, after being landed in Eng laud, exhibited feveral articles befare his majel:y in council againl: the earl; accufing him of fundry mifdemeanours in government; charging him particularly with having given private encouragement VoL. l. D d to

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202 J A M A I e : A. to many notef pirates, and hared in their booty The earl made } but a very imperfel: defence; confil:ing, chiefly, of recriminations .. on his accufer, as the chief advifer and abettor of the party whu had manifol:ed fo much difobediene to his majefiy's orders; the which was the more cenfurable, as he had been one of the privy council. In what manner their difpute terminated is not at prefent. material to fet forth. The public contel: withthe ifland was, upon a reference to all the judges, dccided entirely in their favour, as I. have before related; and their old frame of government rel:ored to them, with many gracious afurances from the thronC'. The di( creet conduB:, and undaunted fpirit, of thofe virtuouspatriots, who had l:ood forth and fuccefsfolly oppofod this exe crable machi nation, under fo many difadvantages, and with fo much lofs to their private fortunes, are highly to be ref peted. Their memory deferves the mol: grateful tribute of encomium from the prefent in'.'" habitants, : and to be tranfinitted with honour through every fuc: ceeding generation ; for it is to them we owe, in a great meafure., the prefent flourihing fiate of the iland, which cou.Id not have re~ fulted from a defpo tic frame __ of government AEsTRACT of a FRAGMENT coi1taining MINUTES of' the two ~ AssEMBLIES held by his Excellency the EARL of CARLISLE 16 1 8, Se pt. 7th U pon the quefiio n on the bill of re_venue, fent with others ~ under the grea.t feal of Eng~and to be pafed here, the houfe affign, as their fir.l: reafon againl: confenting to it ; Becaufe no money was. ever raife.d in Jamaica by order of the ,.,, governr and concl, unlefs in colonel D'Oyley's time; when, pur foant to his commifiioo, the counfellor:s were chofen by the king:s writ, and ccmfequently were the reprefentativ es of the peo ple On the bill for confirming aJLorders of council : Reafon ag~inl: p,afng it; Becaufe 1io orders were ever made by the council alone, unTfs when the governrnent devolved upon them, and they chofe a prefid ent

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13 O O K I. .CH A P. X. AP PEND. Ot 3. On paffing the bill for a public impol: : Quel:ion. Whether the enating part of that bill l10uld pafa u11der the fiyle of Governor, council, and afiembly ," or By ,, the kinO"'s mol: excellent maiel:y, by and with the advice and t, 'J ,, confent of the council and general afiembly ?" Refol ved for the latter. Ol. 8th. Tbe impol:-bill, witb tbe council's amendments, were brought into the houfo from bis exeellency by the fpeaker. 08:. 9th. Tbe committee of the afie1nbly, at a conference hereon with a committee of the council, fay, that, upon the objeB:ions made to the bill of impofi-, the title is, By a committee of the council ;" and in the fecond amendment the council is left out. The afembly defire to know, Whether the council confider themfelves as a difiint body, or not, in the making of laws? lf they are, they ()ught not to leave themfelves out. If they are not, then they are included in the general afembly, and their conf.ent already in the bill, and confequently cannot make objetions to it. The council promife an anfw er, in writing, after firl:: confulting with his excellency. His excellency fent for one of the committee of the houfe, and .afked him, what the meaning of tbe quel:ion was; that it eemed captious, and, he thought, had a double 1neaning; that he knew no reafon why the council hould define the1nfelves; and that the king's command was pofitive as to the fi:yle of the laws. The houfe prayed the council would give fome .1nfwer in writing, .as they had promifed; but, not being willing ( or able) to c01nply~ the governor delivered the following anfwer in writing for then1 to the committee of the houfe: The king hath empowered hs governor, with bis council here., 10 frame all laws that are to be enated by l~is 1najety and the ge neral affe1nbly; fo bis n1ajel:y's council, when required by bis go~ vernor, ought to frame all fit laws; and, if to frame a new, then to alter a form propofed. This committee of the council was ap pointed by his excellency to confer with a committee of the general D d 2 afembly

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. 204j, ~ J A 1\1 A ~ A. affemblj about the framing of the b,ill of impofr. The l:yle of paHing laws hete by the general aflembly is uow made pofitive, and ought not to be difputed by any. Refol ved by the houfe not to proceed on the amendments. Repl y to bis excellency. The general aifembly do conceive that, by your excellency~s commiffion and inl:ructions-,'' the council are only taframe fuch bills as a r e to be fent home to his 1najel:y; but, for ft1ch law~ as -bis rriajel:y doth upot) very great neceffities pennit to be paed here, the bi11s are to arife, as this bilI did, with the aflembly; and it is. nt a form propofod, but a bill compleatly and folemnly pafied. The council therefore cannot make any amend1nents, unlefs they do fo as a difl:inl el:ate; and, if fo, they 1nul: either be named l) the bill, or define the1nfelves vd1at they are: for none can be fup pofecl to have any hare in the legilative power, unlefs their names. are ufed in tbe public als, whi~h are the only true and efientiat marks of their authority. This committee of the council was not appointed to join with the general afiembly in framing the bill of impofl:; but the bill was fra1ned and took its rife in the afembly; and, having been three ti1nes read, and paifed, was fentup to the governor and council;. and the amendments, which are read by the council, \:\'ere propofed by the1n as a diftinl el:ate: therwife a conference would not have enfoed. The alembly do not difpute the fiyle of the laws, but are very defirous to know ,vhether the counci! are not included in the ge neral aifembly; for, otherwife, until the council do declare them felves to be a dil:inl body in the making of laws, they cannot re ceive any amendments from them, nor confer with them; and the governor, who is here in loco regis, is only to give his affirmative or negative; fo that th~ bill mufl: l:and or fall in the fame manner as it was fent up. The fpeaker and the houfe attended his excellency with the b ill of impol:, and a1nendments made thereto by the council. His excellency took noti-c~ of their reply to his anf wer on part of the council; and faid, that ,' ,l'for the council to define tbemfelves was more than tbey could do, ince their authoriry was derived 7 '' from

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B O O K I. C H A P. X. A P P E N D. 20 5 from the king; and h.:'ina]~t,1 only ought therefore to afcertai1l it ;" That, u pon reading his inl::rul:ions, he was very clear, that the council had a virtual power in the framing of laws, but not a nominal; that, by the new conl::itution of government, they were not to frame and prepare the laws: and that he had never given permifon to the houfe to pafs this bill, but had [uf-_ fered them to go on in that bufinefs without interruption, fince bis majel:y had not declared to the contrary: that they ated ill in raifing fcruples; and if the quel::ion was captious, it mul: not be anfwered. He defi.red to know, whether they would receive a bill froin l1im and council, and ba
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206 JAMAICA :l:ood thus: By and with the 2.t i confent of the gener J! afiembly," leavingout the council. There were feveral other amend1nents ; to moft of which fhe houfe difagreed. Thc h~ufe then fent a meiage to his exce11ency, that fey had Gonidered of the amendments, and found feveral of them very reafonable. Wherefore they aefired his exce llency's opinion Whether he would put an end to this bil1, that fhey rnight go on to the raifing of another or elfe to ad;vife them how they ; fhould otherwife proceed? His excellen~y defired the bill and amendments might be brought to him in the monfing; and, jf he faw furthe r ,occao11, he would bave another conference. Ol:. I 1th. The bill for a public impol: was engrofel, iigned hy the fpea ker, ;md fent up to bis excellency. His excllency ordered the fpeaker and the whole houfe to atten iliim. Jl~i:e js no further ept~y; fo : it :i s prefurned he difolved them .. r SECON D AssEMBLY, Convened 1he 19th of Augul:, 1679. 'The fpeaker made the ufual petition .for freedom from anel:s., freedom of clebate, and accefs to 1 his excel1e1 1
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B O OK J. CH A P. X. A PPEND. 207 ought to appoint the difpofal of it, and to receive and examine all the accompts concerning the fame. The houfe fent up to his excellency a revenue-bill which they had pafed. The whole houfe were ordered to attend him. His excellency delred that the claufo, or tack, for continu ation of the al: for regulating fees," might be left out ; and he would take care to put it in force by his proclamation. On the quel:ion, the houfo refolved, that the claufe, or tack, hould l:and, and that they hould adhere to their bill. Augul: 28th. The houfe dei-ed a recefs for two months ; which was granted. Ol:. 20th. The houfe met according to prorogation. Nov. 13th His excellency acquainted a committee of.the houfe : of the debts. on the revenue, amounting to 3000!. which, if paid, would not leave a competent fum to defray the charge of repairing the for tifications; that; if rhe houfe would not themfelves fall upon th<: framing a bill to el:ablih a.fund fo-F payment of that fum, he would leave them without excufe, by fending a bill clown to them The whole houfe ordered to attend. The fpeaker brought into .the houfe a reven ue-bill, delivered him ,, by his excellency; On the queillon. On the quel:ion; i the houfe ? Nov r4th .:.. Ordered to be read. Whether it ought to p a[s or not, it not ,, arifing ~ Refolved, nem. con. Not to pafs The fpeaker and whole houfe waited on his excellency wth th:eir humble addrefa tothe king. Nov 18th. The houfo pafied a r e venue bill of their own framincr. o Nov 19th The fpeaker informed the houfe, tha t bis excellcncy had fent to : defire -_ a committee of the houfe hould meet a committee of the council

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203 J A M A I C A. council that morning at feven o'clock, to confider u pon amendm epts of the l>ill of revenue. A committee was accordingly appointed. Bis excellency fent back the bill of revenue with his own amend ments; which were read. A mefage was fent to acquaint his excellency, that the houfe i s inclined to adhere to thei.r bill; for that it admits of no amend ments, the king only confenting to, or difa_pproving of, bilis, when prefented to him." Nov. 20th. The houfe refolved to adhere to their bill, and fend it up again to his excellency. The whole houfe commanded to attend direl:ly. The fpeaker reported his excellency's fpeech, '' that feeing the houfe will not confent to the amendments, he, in the king' s n.ame, rejel:ed the bll. '' Ccete ,:_ a defunt. REASONS offered by the As sEMBLY to jul:ify their REJECTION of the new Mode of LEGISLA T ION. 1. That, being Englih fubjel:s, they have a right to be go verned as foch ; and to have their liberty and property fecured by the laws of England, or by others of their own making. 2. That, in the proclamation b1ought over by lord Windfor, the king was graciouly pleafed to grant freedom and denization, as ~m eucoutagement for families to tranfp~rt themfelves. 3. Tbat bis majel:y had been pl e afec;l by his fever.al commiilions t-0 bis governors to declare it; wbich commiffions are recorded for the people's (atisfalion and encouragement ; and that they had for fixteen or eighteen years been governed by the laws of England. N. B. This r efers to the firl: el:ablihment under colon el D'Oy ley, anno 1660; or, perbaps, rather to lord Windfor's go v ernment in 1662. 4. That ali the other Britih colonies have, and ever had, af:. femblies; and their laws take origin from them. 5. That they concelve the Irih mode of pailing laws will be too tedious, becaufe of the val: diilance, and of the frequent changes of the planters interefi. 6. That

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B O O K I. CH A P. X. A P P E N D. 209 6. That this lrih mode was defed by the Englih to fupport them again:l: the Irih; but that they of Jamaica were all Englih, and the conquerors as well as planters of that fertile iland; and that they had paid there above a fixth part of what the Irih pro duce in Ireland. 7. That they much fearecl a noife of any foch change of govern ... ment might induce many to defert the ifland, and their merchants to forbear trading. 8. That if the king's commiffions have appointed them there, and if they have been conl:ituted in all the colonies from their firl: fettlement fixty years ago, as a government mo:l: jul.-, and like that of England; then they hope, that they alone, of all the colonies, hall not be retrenched of the privileges natural to fuch afemblies ; but that, if particular perfons have offended, they 1nay fuffer the change, and not the colony. 9. That they hoped his majefiy would be pleafed to conider that his interefi, and that of trade, were involved in theirs ; for it is the planter who mufi defend and improve the colony; and agreeable laws will be:l: perfoade him to do it. '' ABsTRACT of the AnnRESS of the AssEMBLY to the K1NG in CouNCIL, in Reply to the REPORT of the LoRDS of TR.ADE. I 679. --W E therefore humbly beg your maje:l:y will with patience be pleafed to hear the account of our proceedings; which truly to manifefi, we mu:l: be forced to look back fo far as Sir Charles Lyttelton, and Sir Thomas l\1:odiford, their entran ce upon tl1eir governments; at wbich time, we humbly conceive the iland really began to take up the form of civil governrnent, and \vholly to lay by that of the army, which until that time was fop. ported by fupre1ne authority ; ,vhen after thtir foveral arrivals, by order of bis majefiy, and accordiug to the method of bis majel: y' s mol: ancient plantations, they cal~ed an afiembly, and fettled t hc government of the ifland in foch good form, that, until his exc c~1ency the earl of Carlile's firl: arrval, you thought fit not to a lter t; though feveral g o vernors in that time were changed; wh i ,h muft neceffarily infor the goodnefs and reafon of it, as we11 as the V oL. L E e fatisfal: ion

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ZIO J A M A 1 C A. fatisfation of the people ; ince, from that time, they bctook them {elves to fottle and p]ant, efpecially the merchants; by which means the ei1ates here are wonderfully increafed, as is evident by the number of hips loadiug here, by the indul:ry of the planters, and thefatisfa'cion they receive by thofe wholeforne laws then begun, aud from that time continued; fo that the charve of them need not <._) have been made with foch mature deliberation from home. W e cannot im::1gine that the Irif rnodel of government was, in principio, ever in tended for Englifmen: befides, that model was introduced among them by a law made by themfelves in Ireland; and confoquently, as it bound them by being generally known to all thofe who removed thither, they have no reafon to repine, it being their ov,:n choice to live under it, or to ay away from it-? and was made for the prefervation of the Englih from the Irrili fall:ion. As there is not the fiune caufe, fo there is not the fame reafon for impo:Gng it u pon us; unlefs we ( as they did) confen.t to it ourfelves, y.rho are all your majely's n.atural-born fobjels of your kingdom of Englancl; which is the reafon the parliament gave, in all tbeir ats [n] that concern the plantations, for obliging us by the1n to what places, and with lvhom, and in what manner, we may tracle; and which impofe a tax on us here, in cafe of trade from one colony to another: and it is but equitable, then, that the fame law hould have the power of looing~ as well as bindiug.. They never deGred any power but what your rnajely's governor afured them \vas their birth-right, and what tbey fuppofed your majel:y's gracious proclamation afiured them alfo. Your rnajel:y was gra ciouly pleafed to write a letter to your governor, Sir Thomas Lynch, after the double trial of one Peter J anfen, a pira te, ''fig" nifying your dilike that any thing hould be done that hould caufe any doubt in your fobjel:s here of not enjoying all the pri" vilegcs of your fubjel:s of your kingdom of England," or to that effet. But, as to obl:ruting of j.ul:ice againft Browa the pirate, what they
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BOOK I. CHAP. X. APPEN D. Z 1 i which alfo your majel:y and council pe r ceiving, have, in this new body of laws, fent one to fupply the want [a J. As to the impri. fonment of Mr. Thomas Martn, one of their me1nbers, for taking out procefs in chancery, in bis own private concern, againfl: feveral other members and one of the council (the afembly then fitting), and for other mifdemeanours and breaches of the rules of the houfe, they hope it is jul:ifiable; your majdly's governor having afured them, that they had the fame powers over their members, which the houfe of commons have over theirs; and all fpeakers here praying, and the governors grantiug, all ufual petitions of fpeakers in England.'' It is beyond all controverfy, that the old form of government, which was ordered fo inuch like your majel:y's kingdom of Eng land, mul: of confequence be of great encouragement to all your majefiy's fubjets, as well as l:rangers, to remove themfelves hither, upon your majel:y's gracious proclamation in Lord Windfor's time; and by thofe gracious infirutions given to Sir Thomas Modiford. All or mol: part of the fugar plantations have likewife been fett ed upon the model at firl: conl:ituted, and in belief that the fettlers lol: none of their privileges, as your majel:y's fubjets of your king dom of England, by their removal hither. Having therefore by no a:t, as we believe, provoked your m jel:y, or forfeited our rights, by even defiring or attempting t o lefen or quel:ion your majel:y's prerogative, the inviolation whereof we have ever el:eem e d t h e bel: means of preferving our privileges and el:ate::;; we hall ho p e for the continuance of your r najely's favours, And, wher e as their [P] lordfips are pleafed to o fre r their advice to your maje ty to furnifh your governors with foch powers as were fonnerly given to colonel D'Oyley and others, in whofe time the then accounted army was not dibanded, but fo [ o ] In 1677, during lord Vaughan's a drninil:ration, t hi s g o vernor ifued a comn ifon, ac~ c o r di ng to the fiatute of Henry YIII, for the trial of Brown for piracy: upon which he was condmned to die ; and thc governor figncd a warrant for his execution. But, it being con~ ccived that the governor, as chancellor of i:he iland, was not legally v e i1ed with a power of or~ dering fuch a commiffion-court, colon e l Long, at that time chief-juil:ice, granted a h a be a s corp u s to B ro wn after his condemnation; and the a fie mbly voted a reprieve, and commanded obedience t o it, all e dging, that al! the proceedings of the c o urt were illegal and extrajudicial. [p J The lords of trade. E e 2 continued

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2l2 J A M A I C A. continued to the lord \\ 7 indfor's arrival, who brought over your: majel:y's royal donation [q], and orders to fettle the civil govern ment; we hope their lordhips intend not, that are to be go verned as a11 army,, or the governor empowered to lay any taxes by himfelf aud counc~l; fince, your majefiy having difr h arged your felf and council, by a.l: of parliament [r], of any fuch po wers over. any of your fubjel:s of the king dom of England (as we un doubteclly are), it will be very hard to have any impofion Iaid 011.. us but by our own confents ; for, their lordhips well kno\v, no de rived pbwer is greatr than the primitive. However, if your majel:y halL not think fit to alter this model, but that we are to be gove.rned by the governor and council, ac cording to their lordfhips adv:ice ; yet we hu mbly befeech your majel:y will do us the g,race to believe, that we are fo fenfible of our duty and allegiance, tl1at our fubmiffion and comportment under your majel:y's authority hall be fuch, as we hope that you, in your due time, will be graciouly plafod to rel:ore to us our antient forrn of government, under which it hitherto hath pleafed God to pr.ofper us,_&c. Sir Thomas Lynch, in 1 6, condudes his l:ate of the afiembly's objetions with thefe remarks: It is probable, the afiembly wilL rejt;l: the la.,vs thus offered them. It is certain, there is an abfolute nec~fty of a revenue ; for the Rublic charges are g1~eat, and the dehts many. It is ,eoilible, the council will join with my '' lord, to order the Iaws for the government to be continued ;, but, .. I verily believe, they will not continue the revenue-bill, for that they think belongs particularly to the alembly; and, if they hould attempt to continue it, it. wou]d not be without procefs; and I doubt not b.ut the j~1dges, &c. would quit, and juries con-:-,, fiantly give it againft the officer s. It would be the fame, or per'l: haps worfe, if any arder went. from home, for the purpofe of: '" enforcing t'; ancl would give umbrage to the reff of the colo'" nies, which are under too many difcouragements already, by u the cheapnefa of their commodities, and the French power, .. growtb, and trade; and the plantations feem more necelitous now than formerly:. All which I humbly fubmit.~' [q J To four regiments of the old foldiers who were fet t led. 2 .: [r] Stat. Cr. L cap. 10. :;-; Tbe

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BO OK l. CH A P. X. A P PE N D. 2r3 The fame gentleman, in a fubfequent account of the happy ter mination of this contefr, fays, His majely, u pon the aHembly's 6" humble addrefs, was pleafed to reflore us to our beloved form of making laws ; wherein we enjoy, beyond difpute, all the deli 6-' ber.ative powers, in our aiembly, that the houfo of common s '-' enjoy in their houfe;'' (C~J l?RoCLAMATION by LIVER CROMWELL relative to JAMAICA, A. D. 1 6 5.5 WHERE AS, by tne goocl providence of God; our ffeet, in their late expedtion into America, have poffefied themelves of a certain iiand called Jamaica, fpacious in its extent, commodious in its harbours and rivers within itfelf, healthful by its fuation, fer tifo in the nature of the foil, and well fiored with horfes and other cattle, and generally fit and worthy to be planted and improved, to the advantage, honour and interel: of this n ation : And whereas divers perfons, merchants, and others, .. heretofor converfant in plantations and trade of the like nature,. are deirous to undertake and proceect upon plantations and fettfements upon tbat iland ; we, therefore~ for the better encouragement of all foch perfons fo indined, have, b'y the advice of our council, tq.ken care, not only for the l:rengthening and (ecuring of tbat ia1.-1d frorn all enemies, but for the confiituting and fettling a civil gQ vernment, by fuch good laws apd cul:oms as are and bave been exercifed in colonies ancl places of the like nature; and have ap pointed furveyors, and other pu hlic officers,,.. for the more equal. dil:ribution of publ.ic right and juffice in the faid ifland And, for the forther enco\uagement to the indul:ry and good affel:ion of fuch perfons, ,ve have prnvided and : given orders to the commilioners oC our cuffoms, that every plan ter, or adventurer to that iJland, iliall he exempt and free from paying any excife or cuffom for any n1anufalures, provifions, or any other goods or ne .. cdlaries, which he or, they fall tranfi)~)rt to the faid iland of J a .. ma1ca

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214 J A M A I C A. 1naica within the j_)ace of feven years to come fr"om Michaelm -as 11ext ; and alfo, that fufficient caution and focurity be given, by the faid cornmifoners, that fuch goods hall be delivered at Jamaica only. And we have alfo, out of our fpecial confi
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BOOK l. CHAP. X. A PPEN D. part in all things, according to the true meaning and purport of them refpeB:ively ; and to fee what is to be done on their part be likewife performed. Y ou are hereby authorized to admit any other of the peop1e of this commonwealth, or the dominions thereof, who are Protehnts, to inbabit and plant upon any part of the faid ifland, where you hall think convenient to a1lot them, u pon the terms and conditions granted to the faid Mr. Noel ; and accordingly to affign and fet forth land, and allow them the like ad van tages in all things: and what you hall do herein, purfuant to thefe infl:rul:ions, we iball ratify and confirm. You hall caufe the terms and con di tions to be pu bli{hcd and pro claimed in the ilands and plantations of the Englih in America, and ufe foch other rneans as you hall find neceiTary for inciting people to come and plan t u pon this place, &c. The patent, 1nentioned in the : preceding inl:ru:'tions to have been grant ed to Mr. Noell, is not to be found among the records preferved in the iland, the oldel: of the1n not reaching fo far back by many years. W e cannot therefore judge with precifion of the particular terms 011 which the lands ,vere, under the proclamation of 165 5, granted out to the fettlers: indeed, for the mol part, they were held under orders of forvey ifued by the commander in chief, or plats forveyed: and thefe orders and plats were ~Egnablc from one perfon to another ,111 the fa1ne rnanner as notes of han d So l~ttle attention was paid to the law formalities ufual in conveying and transforring landed property; ancl man y trals in the iland are at this day held under no other original title tban fuch jnclorfed or ailigned orders; a form of which ordcrs I have fobjoined far the fatisfal:ion of the reader" JAMAICA, fi: Whereas Mr. J~ S. hath tranfported himfelf and family unto thi s ifland, with an intent to fettle and abide here, and to that encl hath requel:ed me to grant him an order for his proportion of land ~t Port IVIorant, by the fea de, next adjoining to the planta t ion of J. D. being South-W efr by a great pond tbere, clofe to the fea-fide; l do. therefore hereby affign and appoint h:m two hundred acres of ,. .... 't" ._. J. \

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216 J A M A : 1 C A. of ground (according to a proclamation heretofore made) in the place afore-mentioned, to run it out as he hall think fit; and I do hereby require, tbat no perfon or perfons belonging to the army, or [i] kingdom of England, molel: or trouble him in the profe cution of his fettlement, but rather to aid and ailil: him herein ; provided this be not prejudicial to any former arder by me made. Dated this 12thJanuary, 16~;. Enw. D'OYLEY. Recorded, 'the day and year above-written, in the fecretary's office, at the general's houfe, Per ARTHUR TowN, fecretary to the general. LETTER from HrcHARD PovEY, Efq; Secretary of JAMAICA, to a Gentleman in ENG LAND, by his Majel:y's Ship BE ARE, dated PorNT CAGWA Y, 27th Ot. 1 &62. Though I know the accomplihments of his [t] excellency our nble governor are not unknown to you, being your report gave me the firl: joys both of his worth and adventures hither ; yet 1 cannot be filent, or forbear to tell you, how he encountered with the nature of this clirnate as to his own conl:iturion: for, as foon as he had 1eft bis genuine air, he found a flatnefs of his fpirits, and an indifpoition to bis wonted ation; hut he mol: nobly with fiood any poffeffion of a difeafe, until he had fairly difrniifed the i old governor fu], fatisfied the late army with bis majel:y's royal gift fw ], chofe a new militia, found emp1oy for our fleet abroad, -nnd had well fettled the preent government of this hs majel:y's i'fland. Then (as I have jul: reafon to lament in behalf of the public) he dec1ined fo much from his pril:ine health, that he cou1d fcarce hold up bis head to debate with bis council, how he migbt appoint fch wholfome rules and laws for the q uiet fettlement of the inhabitants, and the improvement of this bis majet1y's ifland, and yet might be very fatisfatory to invite rnany of his majel:y's good fobjets. And, this being effel:ed, he might poffibly grieve, that he found nothing more to do, but to haften home, and there fpeak and de.clare the hopes of a new kingdom ; whi ch we rather {J J This was after the Ref!:oration of Charles II. inl:ead of the word Commonwealth. [t] Lord \Nindfor. [.u) Col. D'Oyley. [,w) A don;,ition in money to the four regimeuts. perfuade

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B O O K I. C H A P. X. A P P E N D. 2 i9 perfuade hin1 to do, than to wal:e and fpe11d his days here by a Jingering, uncertain life, without any probability of recov e r ing health. This is, Sir, the brief hii1ory of our condition and affairs fince the atrival of the lord \Vindfor among us; and we hope the pru_ dent grounds he hath laid and left us will tend very much to our future improvement, and the fervice and fatisfal:ion of his majefty, as well as the encouragement of aU foch as have rel &i tion or incli nation to Jamaica. (D.) PROCLAMATION carried over by Lord \iV1NnsoR-, dated 13 Car. II. Anno 166r. W E, being fully fatisfied that our iland of Jamaica, being a pleafant and 1nol: fertile foil, and fituate commodiouly for trade and commerce, is likely, through God's bleffing, to be a great be nefi.t and advantage to this and other our kingdoms and dominions have thought fit, for the encouraging of our fubjecr;, as well fuch as are already upon the faid iland, as all others that hall tranfport themfelves thither, and reide and plant there, to declare and pub lih, and we do hereby declare and publih, that thirty acres of i mproveable lands hall be granted and allotted to evyry foch perfon"' male or female, heing twelve years old or upwards, who now ,re fides, or within two years next enfuing hall reide, upon the fai(l iland; and that the fame hall be ailigned and fet out, by the go vernor and council, within fix weeks next after notice hall be given in writing, fubfcribed by fuch planter or planters, or fome of them in behalf of the rel:, to the governor, or fuch officer as he hall appoint in that behalf, fignifying their refolutions to plant there, and when they intend to be on the place ; and, in cafe they do not go thither within fix months then next enfuing, the faid allotment hall be void, and free to be afgned to any other plan ter; and that every perfon and perfons, to whom foch affignment hall be 1nade, hall hold and enjoy the faid fands fo to be affigned, and all V oL. l. F f houfes,

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218 J A M A I C A. houfes, edifices, buildings, and enclofures thereupon to be built or made, to them and their heirs for e ver, by and under foch ten u res [ x] as is ufual in other plantations fubjel: to us. Neverthelefs, they are to be obliged to ferve in arms upon any infurrel:on, mutiny, or fo reign invafion. And that the faid affignments and allot1nents hall be made and confirmed under the public feal of the iland, with power to create any manor or manors, and with fuch convenient and fuitable privileges and immunities as the grantee hall rea fonably defire and reqire; anda draught of fuch affignment hall be prepared by our council learned in the law, and delivered to the governor to that purpofe; and that all fihings and pifcharies, and all copper, lead, tin, iron, coals, and all other mines ( except gold and filver), within fuch refpell:ive allotments, hall be enjoyed by the grantees thereof, referving only a twentieth part of the produl: of the faid mines to our ufe. And we do further publih and de clare, that all children of our natural-born fubjels of England, to be born in Jamaica, hall, from their refpell:ive births, be reputed to be, and hall be, free denizens of England, and hall have the fame privileges to all intents and purpofes as our free-born fubjel:s of England; and that all free perfons hall have liberty, without interruption, to tranfport themfelves and their families, and any their goods ( except only coin and bu Ilion), from any our dominions and territories to the fad iland of Jamaica. And we do l:rill:ly charge and command all planters, foldiers, and others upon the faid iland, to yield obedience to the lawful commands of our right trul:y and well-beloved Thomas lord Windfor, 110w our governor of our faid iland; and to every other governor thereof for the time being: under pain of our difpleafure, and fuch penalties as may be infliled thereupon. Given at our court at Whitehall, the fourteenth day of December. Fer ipfum Regem. l x] Free and commotl focage, paying a triflng quit-rent for every hundred acres ye:trly to the crown. Although

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B O O K I. C H A P. X. A P PE N D. 2 r 9 Although the firl: planters of Jamaica had a clear, indifputable right to the benefit of any Engiih fiatute in force at the time of their conquel:; yet they conceived an extremely vague idea of this right. They excluded a l:atute of Henry VIII, for regulating the trial of pirates, as inadmiilible: but they received into ufo th e fiatutes of frauds, and habeas corpus al:; though thefe were pafed long after their conquel:, and did not bnd the ila n d. They had found the haheas corpus by common law not quite fo effel:ual a pro tel:ion to liberty ; which caufed them to prefer the other. But their c]aim to thefe lal:-1nentioned l:atutes was oppofed both in the iland and at home: a1~d although their courts of ju:l::ice and juries had grounded fundry determinations and verdil:s u pon them; yet, whenever the quel:ion carne by appeal before the king in council, this tribunal declared, that neither thefe nor other Englih l:atutes, pafed fubfequent t the redul:ion of Jamaica, unlefs fpecially men tioning it,
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2,20 J A M A I C A. of foreign growth flnd manufacrure imported, aml 011 quit-ren,ts, :fines, and forfeitures-, which were furrendered up by the crown, and fonn a capital part of the fund of 8000 l. per annum. In return for this, they obtained the royal confirmation of their mol: favourite and necefary ab of aflembly, and the following declaration, exprefed in the 31 ft claufe of this revenue al:. ". And alfo all fuch laws and fiatutes of England, as have been "--at any time efieemd, introduced, ufed, accepted, or received, as laws in this iland, hall and are hereby declared to be, and con .. "tinue, laws of this his majel:y's ilaud of Jamaica for ever." This clau~e is jul:ly regarded by the inhabitants as the grand charter of their libertfos ; fince it not only confirm.ed to them the ufe of all thofe good laws which originally planted and fupported freedom in England, but likewife of all the other provifions made for fecuring the liberty and property of the fubjel: in more modern times; when, upon the feveral overthro~vs of tyrannic power in that kingdo1n, the fo bjel:s rights were more folidly fixed on the rational bafis of three folemn compal:s between the fovereign and -' people ; at the Refioration of Charles II; the coronation of the prince of Orange; and, lafily, the accefiian of the Houfe of Hanover. The little claufe before recited has coft the iland~ in fifty years,. about 50,oool., the net income of the revenue being about 10,000/ per annum. Y et, confrdering the un~peakable Lenefits derived to them in virtue of this compal:, theJ do not think it too dear a I '. nurc 1a1e .l. Having now, I prefrnne, dweH fufficiently u pon die principles whereon the conl:itution af thi? colony was originally founded, hewn wherein it differs from a truJy Englifh model, pp~nte.d out foveral abufes, and propofed their remedies ; I hall emerge fr01n ; the gloomy thicket of poli tics, and take : an excuriou into the re"'.' gions of hilorJ e H AP,,

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BOOK I. CH A P. XI. 22r C H A P. XI. -Ihe Expedition to, and Conque.fl of, Jamaica. S E C T. I. I N various publications relative to this iland, the proceedings of the army under Pena and Venables are fo flightly toucheq upon, that I flatter myfelf it may not be unacceptable to give a. more ample detail of them. A knowledge of the difficulties under which the founders of this colony l:ruggled may inculcate a ; lefon of indul:ry, unanimity ,perfverance; and good order; for it was the want of thefe occafioned moil: of the-difal:ers which befell the firl: race of fettlers here. However much it may hock our hu rnanity to reflecr on the numbers who miferably perihed ; it is pro per to confider, that they were the wretched vicrims to their ow11debauchery, indolence, and perverfenefs. The climate of the ifland has m~ul:ly been accufed by many wr.iters on the fubjet, .. the one copying from the other, and reprefented as almol: pel:ilential, without an examination nto the real fources of this mortality ; : which being fair ly fiated, it will appear that the fame men, carrying the lke thoughtlefs con
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. 222 JAMAICA. [A. D. 1654, mi g ht ca l y p a vc the \va y for extending his conquel:s to the con ti11cnt, and at the fame t i me very much dil:refs the king of Spain, by thc mcans it would aftord of intercepting the annual treafiues remittcd in the galleons, u pon which that monarch chiefly depended for pport, and without which he would be incapable of enter priziug any thing in Europe. He particularly recommended to Cromwell, not to under t ake any hol:ility of this nature in America, until he had preparecl fo l:rong a naval armament as might protelt the Englih coaH:s during the expedition, and prevent the Spaniards from attemptin.g an invafion againl: them, in cafe the force to be employed in Amrica hou ld fail of fuccefs, or,be del:royed. Co lonel Modiford, a conderable planter of Barbadoes, tho1:oughly informed of the Spanifh American dominions, w as probably con fulted on this occafion; for he urged to Cromwell the pralticability of forcing a fettlement on the continent fomewhere in Guiana, and preferred it toan attack upon any of the iDands. His reafon for this opinion probably was, that, if an .ilwd was made the objet of inv~on, and conquered, it would excite jealou(y among all the -fugar ilands, by being planted and becoming a rival in their chief article of produce: whereas, on the continent, the fettlers might be employed in making profitable 1 returns to the mother country in various other produts beides fugar. However, he re com1nended wannly, th at, if defign againl: any of the ilands hould be thought more advifeable, Cuba prefented itfolf as the mol: advantageou$, becaufe of the noble port and town of Havan nah, which 1night be called the ba ck-door of the W el:-Indies, as the Spaniards were obliged to navigate their treafures homeward through the gulph of Florida; and thefe might therefore eafily be intercepted by keeping a fufficient fquadron at the Havannah. When this affair carne to be deliberated upon in council, it was determined to begin with attackin g Puerto Rico, or St. Domingo, and from thence proceed to the acquiition of Cuba; it being fup .. pofed, that the Spaniards were too weak thofe ilauds to withl:and the force preparir~g to be fent againl: .them; and that the pofoffion of them would be attended with fuperior advantages in point of ~nnoying the Spanih trade, and be retained with infinitely more f.e curity_, as i~fular poffeilions ar~ defenfibJe by hips, and therefore preferable

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1654.J B O O K I. C H A P. XI. 223 preferable to cont ine ntal; which latter require a numerous body of troops an
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224. J A M A I e A. [A. D. r654, their ariival at Barbadoes, they beat up for volunteers ; and, having raifed there four thoufand foot, and two fma11 troops of fixty horfe, failed in Engbnd, could pehetrate into t : they had various conjetures, but no certain intelligence Penn and Blake had no knowle
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1655.] BO OK I. CHAP. XI. failed from thence the 3 1 l of l\1arch, 165 5, for St. Kitt' s; where they found one thoufand recruits, collected partly from thence and from Nevis, and the other adjacent iflands: fo that 011 their depar ture they were able to mul:er about ten thoufand effel:ive men; including one thoufand fea-men formed into a regiment of 1narines, under command of vice-admira! Goodfon. On the 1 3th of A pril the fleet arrived off St. D01ningo ; and pre parations were immediately made for a defcent: but, unfortu. nately, the commiffioners, the admira!, and the general, difagreed in opinion; various difficulties were l:arted. The general propo fed the debarkation hould be made as near as poffible to the fort St. Jerome, lying at the bottom of the harbour, and covering the town, before the Spaniards hould have notice of their deign, or time to prepare for oppoition ; and by coming thus fuddenly upon them, they might reafonabl y hope to carry the place by afault. Others, particularly commiffioner Winflow and the admiral, in fil:ed, that the fleet could not get near enough to effel this purpofe, and that the troops mul: therefore be landed at the mouth of Rio Hayna, or Hine River, where Sir Francis Drake had formerly landed, and march from thence to attack the fort. This opinion prevailed, and gave great difgul: to the feamen in general, who He writes thus to Montague: They have got a great fum of monq to raife forces here, a good part of which is fallen into our hands. Their treafurer is a feam~,anda great confidant of Lawfon's, and of thofe who deferted their commands; and it is certain, that this money was given by the Spaniard, u.."lQn tbis undertaking of Sexby, that t~e fleet hould revolt before they went from Portfmouth. This being joined to what you knew before your departure hence, it 1 .~ not hard to judge of the fpirit of thefe pretenders to honeil:y *." From thefe authorities it is evident, that the difatisfations, alluded to y Mr. Hume, did not occur in Penn's fleet, but in the fleet fitted out near a twelvemonth after the taking of Jamaica. When the recufant officers were hard pufhed, b:r admirnl Montague, to ailign their reafons for deferting the fervice; one alledged, that they had not received due payment of their arrears ;" another, '' that his wife did 11ot choofe he hould be fet to a diil:ance from her, and that his conl:itution was not adapted to a hot cli mate;'' a third declared (Capt. Ablefon), "that he was averfe to cngaging with the Spaniards in America, but had no objetion to fight them in Europe +." Such were their evafions, to con ceal the bafenefs of their minds, which made them il:oop to receive the wages of corruption from the king's prvate emifaries; in doing which it is plain, they were traitors to the commonwealth of England, and very mercenary friends to Charles. This affair of the Spanih money does not at all correfpond with Mr. Hume's encomium on their innocence, honour, and confcientious fcruples; but it well juil:ifies Thurloe's opinion of them. In regard to the jutlice of the war, which Mr. Hume pronounces to have been contrary to the principies_ of natural equity," I !hall take the li berty of encountcring that opinion hereafter, 11 Cl!rte, voi., II. t Th1al, vol, VI, p, 589, VoL. I. Gg differed

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J A M A 1I C A. [ A. D. 1655. aiffered in fentiments from their admiral ; declaring, that the hips could approach near en.ough to the fort by tacking-in; but the ad. 1niraI, in his v journal of proceedings fubmitted afterwards to the council of l:ate, afferted, that, after fome attempts to turn up into the harbour, he was obliged to deif; the wind being direl:ly in their teeth. \~lhat contributed to increafe this di(~ufl: amongl: the forces was an order, iffued by the commiffioners immed1ately before the difembarkation, prohibiting the army from plunder, upon pain of death. Such a prohibition was particularly offenfive to the new recruits colleled among the ilands; who had been chiefly induced to engage on this expedition by the hope of plunder. On hearing the order proclaimed, they threw clown their arms with indignation, and with difficulty were prevailed upon to refume them by a folemn aiforance of their general, that they fould re ceive fi.x weeks pay, in lieu of plunder. The prohibtion was grounded on a pitiful faving intended by the council of l:ate; who had given the commiffioners exprefa order to di(oofe of all prizes and booty, and apply the profits towards defraying the contingent charges of army and navy. This was but an unfavourable outfet; and it may be readily foppofed, the army proceeded on their fer vice with no very great alertnefs, fiuce the chief fpur to their en deavours was fo unfeafonably taken away. On the 14th, after Gal:iog lots to determine which regiments bould firl: go on hore, feven thoufand men were landed at the dil:ance of near forty miles from the place they were to attack, ,vithout a fingle implement nece:ffary either for a fiege or efcalade, without any know ledge ei ther of the country through which they were to pa[s, or the nature. ~nd condition of the fortificatians thcy were to invel:, and with only one or two days fhort allowance of bad provifion. They ma.rched tbe whole day without any guide in a deep frorching fand, through tall woods, ,vhofe clofenfs obhucted the free pafage of the fea breeze, and rendered the air intolerably foltry. The fol. diers 1 parched with drought, and finding no fopply of water by tbe.. way to lake their extreme thirl:, gathered ornnges and other fruits; of which _they were te mpted to eat foch immoderate quantities, that great part of them we.re feized with a fevere flux; fome hun dre ds dropped dowffon the 1narch, many. oJ whom were too much weake11ed -.

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1655.] BOOK I. CHAP. XI. weakenedto proceed, and others died. The colonels Butler and Holdip, with their regiments, were ordered to land to the Eafhvard of the city, and there wait; but they were unable to effel a landing in that part, and therefore went ahore at the mouth of the Hin e river; from whence tbey imprudently began their march, and rambled feveral miles through the woods, having lol: their way; and at length, with the utlnol: difficulty, found means to join the main. body. On the fame day, they fell into an ambnfcade; but foon routed their aflailants, and were then fo near to the city, that they might eafily have entered t at night, if they had not the more for midable enemies, hunger, thirl:, and wearinefs, to contend with. They had the additional misfortune to lofe one Cox, their only guide, who was killed near general Venables, whill: the latter was reconnoitring the fort. The general's fecretary likewife was flain by another hot, clofe at his fide; and he himfelf very nar .. rowly efcaped. The want of fome refrehments was attended with the mol: excruciating pain. The whole army now impatiently cried out for water ; and fo aggravated was their dil:refs, that at ten o'clock at night, the very time when they had affured them felves of pofeffing the city, a retreat was unanimouly agreed u pon. They accordingly marched back to Hine li\Ver, but did not reach the watering place till the 19th. Here they refrehed themfelves for five days; and, during this interval, various were thc conful"' tations between the general, the admiral, and the commiffioners; who difagreeing about the plan of future operations, the foldiers grew diheartened by delay; whilft the Spaniards gained time to collel all their forces, and procure intelligence of their fituation, which indeed, through the moft infamous neglel, and even inhu manity, the private animofities of the chiefs in command, and oppofition to each other, was now become truly lamentable. Debo .. /ec/>r,rrow, a favourite of the Protel:or, had a priva te hare in the con .. traB: for vilualing this army. A large quantity of ftores had been fent to Portfmouth for this purpofe; and Venables was afored he hould carry out with him ten months proviion for ten thoufand men: but the moft part of the ftores was fent back to London, under preten.ce that there was not fufficient room for it in the hips at that port, where the troops were to mbark; althorigh the G c g Qfficers

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' 1 .. -,,, ~; \ t \, J A M A I C A. (A. D. 1655. officers of the fleet found room in them for no inconfiderable quan tity of commodities, with which they defigned to traffic when ther hould touch at the ilands. The army on leaving England were miferably del:itute, not only of proviion, but of arms, and other necer-iries proper for conduting the expedition [b]. The general made very heavy, but fruidefs complaints upon this fubjet, in bis lett~r from Barba does to the Protetor. They were obliged therefore to depend almol: wholly on the fleet for fubfil:ence. But the admira! carried his averfion towards Venables to fuch an unjul:ifiable extremity that he did not even allow the men vituals enough to keep them fr om l:arving. Their only food was the worl: beef, candied with fult, and unwatered, and a finall portion of brown 1nouldy bifcuit, fled with dirt and maggots. No brandy,, nor any comfortable li quor, was allowed them, although parti cular1y necefary for theic health at this time, as they were much affiited with diarrhreas,. and had no other drink than brackitb water, which forved oniy to increafe thirft, and exafperate their difeafe. The water of the river ,,_ which flowed in its courfe from the mountains over a large bed of copper ore, was fo impregnated with that minerat as to be ren1ered ex.tremely unfit for human ufe. Th ey had,. moreover, no helter to fcreen themfelves from the inclemency of the weat}:ler, though. this was about the feafon of the periodical rains ; they were ex pofed
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1655.J BOOK T. CHAP. X. 229 a naval force, brought elofo to the city, mul: have l:ruck terror into the inhabitants, and probably might have frightened thenr into a capitulation: but the admira}, whill he 1nade not one mo tion with his fl.eet towards annoying, or even terrifying, the enemy, feemed to enjoy a malicious pleafure frnm the difl:reles of the army, and threw the whole burthen of the attack upon them, at the fame time fabouring, by every means in bis power, to weaken; and difappoint the1u of fuccefs. At length, another march was re folved upan; and, in arder that the attack of the fort might be carried on in regular form, fome artillery and a heavy mortar-piece were landed. Thefe the poor foldiers were compelled to drag aiong ; others were loaded with fpades, mattocks, and various other implements fora fiege; which, being added to the weight of thei~ knapfacks, arms, water, and cloaths, proved a mal intolerable burthen even to the fiout~l: among them, and opprefed the weak fo much as to render them unferviceabre. On the 2 5th, they began t h eir march, and paffed the night under arms in the 1nidft of th~ woods. The following day, their forlorn, confing of four hundred /,1,. J>~L 17 rnen under cornmand of ac~jutant-general Jackfon, was detached towa r ds the fort. He wa s ordere c l' to advance two wings of his party on each fide through the wood, for difcovering ambufoades. But' this mifcreant, prompted either by cowardice or treachery, paid no. obe dience to his inl:ructions : he prevailed on captain Butler to head the detachment, and retired to the rear. Butler was a brave, but inexperienced foldier; and, continuing his route along the avenue; which was lined on each fide with trees, and fearlefs of danger, was fuddenly beguil ed into an ambufoade : however, he behaved fo gallant ly, that he kept his men in good order till he was {1ain. Captain Powlet, of the firelock8, dfplayed equal courage, and fought it out to the lal; but he \vas no fooner killed, than J ack. fon faced about, and bafely ran a\ v ay. The foldiers, now left without an officer, unanimoufly followed his example, anci fled with foch impetuofy as to throw the van of the army, compofed of' the general's regiment, into immediate diforder. The front lines 0f that regiment in vain endeavoured with their pikes to l:op tbe f ugitives; and the confufion was greatly augmented by the nar"' l o wnefs of th~ avenue, which admitted. no more than fix men abre aft '.}<,

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230 J A M A I C A. [A. D. 1655. abrear, and by the annoyance of the foii:t guns, which ~ere loaded with grapc-hot, bits of iron, and broken pifl:ol barrels, and raked them inccifantly. The army, thus wedged in, were incapable of retrcatiug; fo that the Spaniards continued to hoot at them, until they \vere tired with loading their arms. Major-general Haynes .at ]afl: found means to draw off the rear of his regiment into thc wood, counterflanked the cnemy, drove them to the very walls of the fort; and thus the ground they had lol: was recovered and rnaintained. General Venahles, though reduced extremely low by a fevere flux, caufed himfelf during the a:tion to be led about from rank to rank, encouraging the men; but, fainting at lafr, he wa~ obliged to quit the command to majar-general Fortefcuc, who foon found every perfuafion unavailing: the troops were fo weak and difheartened, that not any of them coul
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1655.J 231 diforder into which they had been thrown by the forlorn, although the officers did every thng in their power to rally that corps, and even killed feveral of them on the fpot as an example to the refr. The party of the enemy, who put them into this terror and con fufion, confified of no more than three hnndred, mol: of whom were Negroes and Mulattoes. Captain Haynes, fon to the majorgeneral, at the head of twenty horfe, totally difperfed them, without lofs of a man, and refcued bis father's dead body. This is fufficient to hew with what eafe fucha defpicable crew might have been re pelled, and the place fubdued, had the forlorn been commanded by an able officer, or the troops fupplied with provifions and conveui encies neceffary to preferve their vigour and f_pirit. BOOK I. CHAP. XL The general imputed this unhappy defeat to the ill behaviour of /o. /Jar''l the recruits collel:ed from Barbadoes and the other ifiands, who ~ were injudicioui1y fent on the forlorn. But it feemsevident, that. he ought to have feleted fome of bis beft and 1nofr experienced men for 1:hat fervice, headed by an officer of approvcd ability; or hould have provided againl: thofe confequences which might be. teafonably apprehended from their repule. On the 2 7th, the officers, taking into conderationthe extreme debility of their men, with their total want of vi8:ua]s and water (for the enemy had l:opped up all their wells), privately agreed to retreat. Having firil: buriecl their rnortar-piece in the fand, they returned once more, \vith their arms and baggage, to their old t1uarters at Hin e ri ver. Conferences werc renewed between the general, the ,dmiral, and cornmiffioners; and their debates, a s ufoal, were acrimonious, dilatory, and inconclufive. In the mean w hile, the rain s.,. pouring incefantly, harraffed the difconfolate troops on fhore; the Hux r;1ged v,:ith aggravated violence among_ them; ancl, in addition to their mifories, they \vcre fo inhumanly neglected by the fleet, that, for want of other fobfience, thcy were driven to the expedient of devouring all their troop-horfes and dogs : their fi.ck and wounded were fuffered to lie on tbe open decks of the iliips in the harbour, for_ forty-eight hours, w_ithout either aliment or dreiling; infomL1ch that maggots were bred in their {ores.. The general averred, that Penn had given rear-admira!'. Blagge pofitiv:e orders n'ot. to fornih the army with any more provifions

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J A M A I C A. [A.D. 1. vifions of wh at kind fo:':ver. Such favage barbarity merited the rnol: capital puniment : yet has that admira! been extolled, by all his partizans, as a mirrout of worth and bravery. In. fat, the blind partiality of hil:orians, more efpecially of thefe ti1nes, has led them to afcribe the bel: charaters to the worl: of men ; and the con trary. This has always been the foible of writers, who were as much under the dominion of inveterate party rage-, as thofe very perfons whofe ations or manners they profefs to defcribe. The arrny had loft, by ficknefs and their different fkirmihes, -pwards of five hundred men in the fpace of ten days. Their ca1amities l:ill augmenting, the officers refolved (after feeking Gocl) toenter upon a general purgation of manners. Jackfon, the firl: objeB: of their .. '\""' -~'. wrath, was found guilty of cowardice by a court-martial, cahiered ignominiouly, and condemned to ferve as a f wabber on board the A" /'o.~ 1:,, t hofpital hip. Sorne loo fe women, deteted in men's doaths, were feverely chafiized ; and a firi: inquiry made after all fofpeted profiitutes. One of the late major-general's foldiers, having been conviB:ed of running away, was hanged; and a rigid difcipline en joined to every regiment. After thefe necefary foverities, the com manders, perceiving that the ficknefs did not in the leal: abate, de termined to abandon St. Domingo, and proceed next to the attack fJ Jamaica ; w here they either expeted to meet with lefa refil:ance than at Cuba; or thought it prudent not to retum to Europe, with out recommending themfelves to the Protetor by fome fuccefsful exploit, which, however inconfiderable, might ferve to check a too fevere inquiry into the r.eal caufes of their late difgraceful mifcar nage. The army was re-embarked; and the who1e fleet arrived on the 9th of May off Port Cagua, or, as it is now called, Port Royal, in Jamaica. In their pafage from St. Domingo died the commiffioner Winlow, very little regretted. He is reprefented to have been a haughty, opinionated man, tenacious of his own conceits, petulant, weak, and plunged into fanaticifm. But, in truth, fo confliting were the tempers of the ~ief~ons employed to_condul: this ex pedition, that the portraits rg1ven of one another are not to be re.., ceived without a very large allowance for partiality and private rancour. 1n this light we are alfo to confider the affortion, that the admira!

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B O O K I. CH A P. XI. 2 33 admiral was fo thoroughly convinced of the general's cowardicc, or .J,., ',,._ ,,e incapacity, as to declare openly that he would not trul: Venables with tbe attack of Jamaica, if he could poilibly attempt it with his fleet. The following circuml:ance feems indeed to fupport this declaration. The admira!,_ on entering the harbour, failed a-head in his hip called the Martn Galley, and continued bearing clown towards the Spanih breal:-work at Pafia.ge Fort, tmder crowded fails, until he ran aground; and in this poition he covered the troops at their defcent. From the tenor of his condul, therefore, it feems as if he th~ght hirnfelf bound to attend the operations of the army no forth er than merely to fecure rheir landing upon the enemy's coat, and there leave the1n to their fate. S E C T. II. O N the 10th of May, in the evening, the troops were landed at Pafage Fort, which was fortified by nine pieces of cannon, and a guard of five hundred men. A proclamation was inhmtly made by the general'> order, that, if any man attempted to run away, the perfon next to him hould ihoot him dead, or forfeit bis own life. But there was little occafion for this order; the Spaniards fled with out offering the leal: refil:ance, and left the Englih in peaceable pof feilion of their fortrefs. The army formed with all expedition; and it was refolved in a council of war, that they ihould march without delay to St. Jago de la Vega, which lay only at the dil:ance of fix miles. Had they proceeded according to this refolution, they had probably fecured a large booty; but, befare their rear was in mo tion, the general, to their great al:onihment, co1nmanded the army to halt, and then ( according to his ufual cul:om) repaired on board hip to take his repofe. The foldiers remained under arms the whole night, and were not fuffered to march until late the next morning. This iliameful delay gave the Spaniards fufficient time for removing bag and baggage from the town; and greatly injured the troops, by expofing them unnecefarily to the damps of nig'ht, and heat of the day, without either rel: or refrehment. VoL I. H h On ~ -~ 1 '"" H \,

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Jcc "1' '" 23..1r J A M A I C A. [A.D 16 5 1 .. On the 1 rth they entered the town. The Sp a niards, previous to their approach, had fpent the whole night in removing all their valuable goocl's, togetl-er w1th their women, children, and Negro fervants, ~o fome little dil:ance in the country. A treaty was fet Qn foot with them; which was fpu!l out for a week. In this in terval, Venables, foffering himfelf to be amufed with prefents of fruit_, and other civilities, from the Spanih governor, afforded the: inhabitants full leifure for fecurng their moveables beyond the reach of the Englih, and determining the pl~.e,_ of their future re.. fidence, at leal: during the fray of their invaders, which they fuppofed would not be of very long continuance. During the progrefs of the treaty, the general was firongly importuned by his officers, .. that a detachment might be ordered out, to prevent the enemy from fiealing a way with their effets (as they were then pofied with1n ,. three miles only of the town), in the event of their not coming to ... any 4Ccommodation; but he turned a deaf ear to this feafonable re-monl:r;1nce ; and at lal: the capitulation was ratified, on the ,, part of the Englih, by majar-general Fortefcue, vice-admira1 Goodfon, colonels Holdip and D'Oyley, c01nmiilioners appointed by the general and adm1ral for that purpofe; and, 011 the:part : Gf the Spaniards-, by two commiffioners, one of who1n was ther ,. governor, .. Don Chril:opher Arnoldo Safi. Among other tenns, ,, they were. promifed their lives, and the benefit and protelion ,, of the laws of England to all fuch as chofe to become fubjets of the commonwealth ; provided that none, under the ,. rank of commif~ -ion officers, hould be allowed to wear rapiers or poig n,ards. But; in regard to thof~ who did not inclin to remaio in theifland under Englih gov.ernment, th ey were required to come in, lay clown their arms, and furrender all their flaves and effeB:s to the difcretion of the general and admiral; in confi.deration of which, they huld be allowed free tranfport in the hips of the fleet to Eur-ope, or New Spain. When thefe conditions were hewn to the rel: of the Spani:ards, they rejeted them with indignation : they urged, in reply, that they chofe not to decline from the allegiance they owed their .patural fovereign the king of Spain ; that they were 11ot derous of being removed from the ifland, for, being ail na ti ves of Jamaica, they had neither relations nor friends in Old or New

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B o o K I. e HA P. xr. 2 35 New Spain to give the1n relief; and, in hort, that they were re. folved rather to fiay and perif in that iland, than beg their bread in a foreign country. Having given this as their final anfwer, and perceiving no likelihood of more acceptable terms, they retired into the North-fide mountains, leaving their two deputies in th e hands of the Englih. The general was taxed with avarice upan this occafion, though upon what grounds it
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J A M A I C A. [ A. D. r 6 55 the dmiral refented the innuation contained in this propofal;. and their difpute was further heightened by the general's infting with fome warmth on the expediency of it. This was probably the origin of a fecret grudge, which inl:igated the admiral to thwa.rt and dil:refs the general, when at St. Domingo, by every means in bis power; at leat, it is not eafy to reconcile bis behaviour at that attack with any other caufe of equal infl.uence. The Englih found the climate 1nore temperate than tbat of St Domingo, as being more open to the fea bre .. eze. Here were feveral finall fugar-works, and plantations of m~rice, cafiava, and .-.r, tobacco. But what gave them more pleaure was, to learn, frmn one of the oldeft inhabitants, that a fil ver mine was opened ; than, another of copper had lately been difcovered ; and that the grains of gold, which the Spaniards had cafually picked up, aflorded rea fonable expehtion of difcovering fome veins of that precious metal. From this intelligence, the army began to be extremely well fatisfied with their conquet, hoping, no doubt, that, after a little better acquaintance with the country, they might find means to amafs a conderable !rock of wealth, without much labour. The iland at this time belonged, as fome fay, to tbe duke de Vera. gua, who was lineally defcend'ed from Chriropher Columlms; fo-that it was the prvate el:ate of a Spanih fubjel:, and not a member of the r.oyal demefne [e]. lts chief ports were, Caguaya [d]; next to thi s ~ Efq_uivel [e], which was thought of great importance, as it af.;. forded convenience for hip-building on an arm of the fea, which. forms a bafon on the Eatern ide. This ann, calle
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1655.J B o o K L c H A P. XL 2'37" The favannahs were by the Spaniards formed into what they ealled hatos [h] The Indiaris are faid to have.. employed thefe level grounds in the cultivation of their maize; and their foil was then extremely fertile. The Spaniards converted them to the fame ufe, and into pal:ures for their herds and ffocks. But thefe fpots, for merly fo prolific, are now become the moff ferile in the ~;vhole ila.nd ; which may be owing to feverar cauies; as, the impoverihing theearth by incefant culture ; the failure of !eafonable rain s in thofe paTts, which were ancie11tly. watere.d with plentifoliliowers; and the utter inattention to rel:oring fertility by a proper manure. What now forms the dil:ric of. Vere and vVithywood was called the hato of Yama and Guatibocoa. In the hato of Yma was-the moun.:. tain called [il Panda Botellio ; a, fix 1niles to the Welward of which was the [kl Manat mountain, .. over which ran a fiony narrow pathi of about eight feet ii1 breadth. Th1s was the only road by whidi the Spaniards paffed to the W el:ern par:ts of the iland. N ear Great Pedro paint, in St Elizabeth'~, was the hato of Pereda [!]? el:eemed one of the bel: and fargel: pices of fa vannah in the ilfand, being twelve. miles or more in length : this now goes under the, name of Pedro Plains, and Great Savannah : near this hato was a finaU village, called Parattee. Abo.ut frx mifes Wel: of the great river Caobana [m L lay the ~ato of El Eado [i1 J; next to thjs the hato Cabonico [o]; and, adjoining to the latter, the favannah of the fea, or, as it is ffill called, Savannah l Mar. To the Eal:ward of Puerto de Cguaya, _was the hato de Liguany, which was then fiocked with larg e quantities of fine cedar, and other ti1nbers proper for hip-building [p], and conveniently bordering_ upon that fine bafon which now forms the harbour of Kingl:n. The part lying bet.ween the long mountain and Liguany mountai was called Le za1na, comprehending a long, narrow li p of plantable lnd.. Further Eal:ward was the hato Ayala, foil of tame cattl, and dl:eemed very proper for fugar plantations, and ereting miUs on two con[b] Hato fignifies a flock. [ iJ Now Roun
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'),.,@ -.:, J A M A I C A. [A. D. 1655 venient rivers [ q ], but dangerouly open to the incurfions of pira tes, who ufod to land at two coves, Los Ana [r ], and La Cruz de Padre [s]. Next to this was the hato of Morante, twelve miles in length, fp.a cious, and plentiful; confifting of man y fmall favan;1ahs, ana abounding with hogs and cattle: this hato termnated .at what was callecl the Mine, at the cape or poiflt of Morante, to the North .. w~rd of which lay port St. Antonio. From this account it feems, that, although the Spaniards had : been fo long' in poffefon of the iland, they occupied but a very ftnall portian of it, chiefly in the Southern divifion. They had but little intercourfe wth the M idland and Northern dil:ricrs, except r the parts adjacent to their ola town of Sevilla, in St. Anne' s. Their hatos were the efiates of the richel: among them ; they _were in all about teu., or at mol: twelv e; and u pon each of them was a houfe ,of refidence, or country hdufe, for the owner's reception, whenever ; he chofe to retire frorn the town. Their traille was but fmall. Ii: chiefly confified in fupplying the Spaui{h homeward-bound merchant hips wi th freh provifions, of which the ifland producecl fo great fin abundance, that it was con fidered as the granary and vicrualing place for all thefe hips. Befides, they killed eighty thoufand hogs every year for t1y fake -oftheir greafe, which was called hog's butter, and found a confiant yent at Carthagena. This greafe, or Jard, is ftill ufed throughout all the Spanih Wefr-Indies, as an ingredient in their ollios, and other dihes, infiead of butter, and feems preferable to it ; as the : Iatter, imported from Europe, is generally rancid before it .reaches the ilands, ancl, being ufed by the Englifh in this fi.ate, may be ; regarded as one caufe of putrid fevers and dyfenterie~, both of which it has been obferved to pro?uce. Their mahogany, fufiic, ebony, and lignum -vitce, were other i commodities for trade. Of the firl: they had feveral, when th~ Englih landed, of thirty-:ix feet .in gir{th, ; Of about twelve feet di ameter ; fufiic, of about tw0 ; and lig;num vitce, of three feet dia meter ; the bark of the Jatter, efteemed at that time a great fpecific ,againfi the lues venerea given in a decotion, fold at Carthagena, at ;,s lerling the pcrnnd \veight. They had great plenty of cacao, [q] The Hope and Cane, [r] Bull Bay. [s] Yallahs. which

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1655.J B' O O K I. C H A P. XI. 2 39 which fold at 3s. per buhel. They likewife cultivated fugar, pi mento, indigo, and tobacco, but in fmall.quantities, and chiefly for their own confumption. Of fruits they had a great variety; the pine-apple, .. avocato pear, nafeberry, mamme ~ fapote, lime, lemon, .. orange, guava, banana, pbntain, papaw, melon, cucumber, &c. Their potatoes were of. fuch prodigious fize, as to al:onih the Englih o ffi cers : they were probably either the fweet potatoe, or the yam, whicb latter9 by its affinity to the potatoe, might eaG.ly. be milaken for it by Europetlns. The fruits mo in el:ee1n among the Spaniards were-, the pine, which fold at fixpence each, and the avocato-pear, which fold at threepence: thefe probably had not long beeQ introduced here; and, being more fcarce, were .thought more efrimable than the reft. Colonel_ Modiford, fpeaking of this expedition, obferves, that, fince the Englih would have aq iland, Jamaica was far preferable __ to any of the ._ others, be cal)fe it. had excellent harbours, and. was ac counted the mol: plentiful aqd healthful of them all. '" If this H place," fays he, be fully planted, his highnefs may do what he will in the Wefr-Indes,'"' Bu t, notwithl:anding this recom rnendation from fo good a judge, neither the people of bis iflan d (Barbadoes ), nor of the other Caribbees, were defirous to pro mote rhe fettlement_ of. Jamaica: they feared it : would caufe a drain of men from their iflands, and reduce Jhe price of their fraple commo dity, fugar:, For this rea[on, and others, they obfirul:ed the pl a nting of it to the utmol: of their power, and intimidated their i nhabitants from-pafiing over to fettle there, py reprefenting it as a certain grave to all fuch adventmers. Indeed, the calamities which afte rw ards befoll the ~rmy, occafion ed by their own obl:inacy and lazinefs, and the treachery of their officers, in a great mrafure helped ,to confinn this bad account given of it. But to return to my narrative The Englih Jorces were -now in full pofeffion of the town where they conftuted their head -quarters. The officers chofe th e handfomel: houfes for their own ufo;. and, after felel:ing as man y more as were thought convenient for the accommodation of. the private foldiers, they devoted the remainder to ruin. The firl: ob jects of military rage were the religious ed i fices, The a bbey was leveled

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. '2 4 o J A M A I C A~ [A. D. 165-5. foveled with the ground ; and the churches, of which there we-re two, named the Red Crofs. and White Crofs, entirely demolihed. Parties were then detached in quel: o.f the Spaniards; of whom twenty-four w ere raken prifoners, and fifty carne in and voluntarily {urrendered. The rel: of them k.ulked about in fmall bodies ; and, hav ing driven all their cattle into the rnountains, an.d ruined their provifion grounds, the Engli(b tr.oops found themfelves on a fudde11 extremely del:itute of food in this land of plenty, for they could procure no freh meat except at the point of their fwords. Twq ::vilualers from England brought then1 no mor.e than twenty-two days hort-allowance of :bread; and the whole fleet, upon in qui ry, was fo1:,rnd to have no more than three months fubl:an: e. But the circuml:ances of the army were more deplorable. Ex. cluive of their bread, they had but a very fmall l:ock of cafava; :.and of that little the Spania rds i1ole a har.e. Whenever they were lucky enough to procure a few roots,, or a Ettle freh meat, ,they
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1655-.] B O O K I. CH AP. XI. z41 fo debilitated thofe who were not immediately de.l:royed by it>that they looked like dead men, jul: crept abroad from their graves. So univerfal was now the icknefs, that, on the I 4thof J une (lefs than a month after their landing) they had not more than five field officers in health ; a great man y officers and men had been f wept off; two thoufand privates were fick; and the re.l: grew very un,.. "7't,-7 ruly and mutinous. Jn this fad conjunt:ure it was refolved to keep only the bel:-failing frigates as cruizers to attend the ftation, a n d fend home the remainder of the fleet under admiral Penn, with an account of the army' s neceffities. General Venables, who had not recovered from the ficknefs with which he had been affiil:ed at Sr. Domingo, and began to be apprehenfive for his life, wiJlingly embraced this opportunity of returning home. Thc admiral fet .1 1 .,,1 ~1 fail on the 25th of June, with three fourths of the fleet, leaving twe1ve frigates under command of the vice-admiral Goodfon. In bis pafage through the gulph of Florida, the Paragon took fire, about ten leagues from the Havannah, and blew up; by which unhappy accident one hundred perfons perihed. To make fome little amends for this difal:er, the admira!, having fallen in with a French Greenlander near the Land's End, made prize of her. On t he arri val of the fleet at St. He len' s, V en a bles, d reading the Protel:or' s refentment for his having quitted the army without leave, difpatched a letter to fecretary Thurloe; wherein he made many pufillanimous excufes, pleaded deplorable ill health, and dwelt on the defcription of his bodily infirmities in the querulous firain of a n old woman complaining to her apothecary. He was ordered to attend the counci-1, feverely reprimanded, fent prifoner to the Tower, and afterwards difmiifed fro1n all his employments. Penn likewife came in for a hare of rebuke, and was committed to the fame t place. Nor were they releafed from thence, until they had pur chafe
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242 J A M A I e A. [A.D. 1655 .. BefI~s the power the king hath in the navy and amongl: the feamen in this particular fleet under admiral Penn; where (be~ fides the common foldiers and mariners) .Jhere are many principal officers who have ferved his majefty, and whofe affelions will ... ." difipofe them to receive anyorders from the king." V : \-"'. Venables was d~eply concerned in the 1~nfuccefsful infurrel:ion at Chel:er in favour of the Stuarts; and Penn having privately corre fponded with Charles, and afterwarcfo appearecl among the mol: dil:inguihed favourites of that pr'ince, I think there needs little fur ther demonl:ration of their averion to the Protel:or: we may there fore be warranted in conjel: uring, that they were both equally care\ lefs about the fuccefs of that enterpri~, which the Protetor had 1 ... fo much at heart, and on which he is faid to have depended not a t little for the future fupport of his power; and, as far a s they durft, endeavoured to render it ineffel:ual. The ends of this mu tual inclination were further promoted by the variance between them in other refpel:s ; it is certain the admir al t-ook every occafion to difirefs the general, and in man y infiance!i> behaved towards the army in a manner that cannot be juftified; and they had their re fpel:ive partizans. To thefe caufes we may impute the mifcarriage at St. Domingo, the mife1'able fuation of the affairs of the army and the repugnant accounts which the officers of either fide have given in their public and private letters upon this fubjel:. Their contradil:ions have rendered this part of their hil:ory fo perplexed, that it feems difficult to difcover which of the two commanders me rited the greateft blame. Nor is the Protel:or's fagacity confp_s;uous on this occafion ; who fent out -this army to conquer and fettle in the Wefi-lndies, omitting to furnih them with medicines, tools, and other neceffaries proper for their fupport and convenience, and fuitable to that undertaking. With the general went feveral com rniffion officers; and the chief command devolved on major general Fortefcue. This gentleman, in bis letter foon after to the Protel:or, fays, it is a fruitful and pleafant iland and a fit receptacle ,, for honel: men, our greatel: want here." '' Many there are," contirrues he, who carne out with us, vaunting as if they would ha ve ftormed the Indies ; big witrr ':. expel:ation of gold and filver ready told up in bags ; but, not u finding fuch treafure, and meeting with fome difficulties and '' hardhips,

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1655.] BOOK I. CHAP. xr. 243 ,i hardhips, they fret, fume, grow impatient, and wih they were at .their onions again. Several of foch, according to their defires J;' and difcontents, we have difmifed; and they may return with "fame enough. We expel, in their own defence, they will dif parage the place and fenrice; but I hope wife and fober men will not give much credit to them. Think not that I write to entice and inveigle men hither groundlefsly. I fpeak my own, and the "judgernent of wifer than I, that it is the bel: land they and I have {et foot on. Here is only a want of bread for the prefent, and godly fociety. Here is fufficient, with God's bleffing, to render mens conditions very comfortable; and they who are able to furnih themfelves with fervants rnay foon enrich thernfelves." This letter may giye us fome idea of the hurnours with vvhich the army was compounded; and it is a tel:imony of the bigh el:ima tion in which this ifland W i S held by the more fenible men among the officers. The army, after the general's departure, was governed by a fort of military council, compofed of fifteen field-officers; viz. Major-general Richard Fortefcue, prefide11t; Samuel Barry 1 Edward D'Oyley,, John Read, Philip W ard, Henry Bartlet, Michael Bland, Hern;y Archbould, William Smith, William Jordan, Andrew Carter, Vincent Corhet, Robert Smith. Richard Holdip, Francis Barrington, The difci pline of it fell more immediatel y under their province; but the general affairs of the iland were regulated by Fortefcue., in concert with the commiilionersGoodfon and Serle. The major-general made inl:ant application to Cromwell for cloathing, fmiths and carpenters, tools, bread, oatmeal, brandy, anns and ammunition, medicines, and other necefaries. The lil: is an indication of their many urgent wants. lle deired, that fer vants might be fent from Scotland, to ailil: them in planting ; that certain proportions of land might be affigned to the officers and 1nen refpel:ively; and inftrul:ions given in regard to el:ablihing the form of civil government. He reprefented the generality. of tpe private foldiers to be men of low fpirits, apt to receive imprefons of fear; and requefied a reinforcement of well-difciplined ve terans from Ireland, to be incorporated with them, aud by their 1 i 2 ~ample

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J A M A I C A. [A.D~ 1655 example anmate the otqers to a more vigorous and ative difpofition. Three hips were difpatched to New.England for provi fions. The fcouting parties, fent from time to time into the .woodst had caught about two hundred horfes ; and, as a very great number had been feen in thefe excurfions running wild, the officers.. were;: induced to refolve on forming a regiment of horfe ; which was a meafure particularly enjoined by the Protel:or, from an opinion '. that they would be highly ufoful, in cafe the Spaniards hould attem pt a defcent. vVhilfl: thcfe prncautions wei:e under confidera tion in J a-maica., for its further fecurity and defence, the council of ftate in England were not inattentiv to fimilar objel:s. Thcy voted that one thoufand girls, and as many young men, hould be lifl:ed in Ireland, and fent over, to afiil: in peopling the colony. In ., November, the fame year, the Protel:or ordered the council o f: Scotland to command the heriffs of the fev.eral counties, the commiffioners of parihes, and heritors of lands, that they hould apprehend all known, idle, mal:erlefs robbers and vagabonds, male and female, and tranfport them to that ifland. He affured Far .. tefcue of fending eight additional hips of war, from thirty to fortr guns. He fuppofed that fl:ill feven thoufand effel:ive men were upon the place; but, neverthelefs, promifed a reinforceinent of frefu foldiers, and twelve months provifion for the whole army. He difpatched one Mr. Daniel Gookin to New-England,. with profters of great encourage1nent to all who would embark for Jamaica, and fettle there as planters And he appointed major-general Sedg~ wicke, an experienced officer, and repute
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B O O K I. CH AP. XI. 245 '' the commanders, fome have quitted the ifland, fome have died, '' fome are ick, and others in indifferent health. Of the foldiers, '' many are dead; and their carcafes lying unburied every where "' in the '. highways and among the buhes. Many that are ali ve appear like gliol:s; and; as I went through the town, they lay '' groaning, and crying out; Bread, for the Lo1 1 d's fake !' The truth is, when I fidf fet my foot on land, I faw nothing but : fymptoms of necefty and defolation. I found the fore ftrewed with variety of caks, hogheads, puncheons, butts, barrels, cheh; and the Uke ; and feveral dry goods belonging to the '' ftate, fuch as linen, hirts and drawers, hoes, ftockings, hats, "' annour; arms, and nails, with many other things, lying without '' any helter, expofod to all the damage that fun or ran co uld do to them; and to the theft and rapine of either foldiers or {han ,, gers, who without quel:ion embezzled much of them. A.U the Httle bread they had, which did not exceed thirty thoufand "'I~ounds weight; remained in cak, in the open air, and much of it was dmnified by weather; which bread was ; kept to be ~ dil:ri buted in fmall quantity to the foldiers, chiefly when fent out on "parties. The people here were in dily expelation of: a fuj:)ply of proviions, yet mad not the leal: preparation for receiving them. It is a wonder to confrder fo man y wife men, who had ,, *' been her, ihould lea ve fo much of the fiate~s property thus ex" pofed ; to ruin, apd which was fo abfolutely neceifary for the weH being of the army ; when, in a few days, a fmall number: of '' men might have ereBed a houfe fufficient to have fecured the "whole." This perverfe and 'wicked negligenceon the part of th~ officers, al:onihingas it was, and fatal to fo may of the {oldiers, arofe from an utter diflke they had conceived againl: fettling and :i planting in this part of the wor}d They wanted ,: to be recalled, or employed in military atchievements againl: the Spanih opulent .: towns in the neighbourh ood; ,vhence they might reap ,r : plentiful i. crop of gold and ilver, and purfue a buinefa : far more lucrative, and therefore more pleafant, than that of planting corn and pro-. vifions < fr a fubifience. They hoped, that, by making no efforts ;, toward;; any fettlement, and caufing by wal:e and carelefoefr a con tinua! demand for freh fupplies of ecefary things, the Protel:-0r would

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J A M A I C A. [A. D. 1655. would grow we1ry of the expence; and, finding his defign of co lonization frul:rated, might be forced to relinqui!h the iflaud, and his forces to England. This machination, in which fe veral of the principal ofiicers were combined, was the real caufe of their atrocious mifcondul in regard to the ftores fo amply fur nihed; far very large quantities had been hipped upon the firl: intelligence brought by Penn and Venables of the army's wants. What rendered the bafenefs of their proceedings more criminal was, that thefe officers, in purfuit of their fcheme, fuffer~d hun dreds of their 1nen to peri!h miferably by famine and difeafe ; whofo lives and vigour might, it is reafonable to think, have been preforved by a common care of the provifions fe1~t from time to time, and a very moderate application of their labour to cultivate the fame kinds of country vege~ables, pulfe and grain, as they found growing at the time of their arrival. But there was neither thrift in the dil:ribution and prefervation of the food fupplied from Eng land, nor the leal: advance of huibandry towands providing a fub fil:ence from the fertile foil of the ifland, as a fecurity againl: fa. mine. They were permitted, nay privately ordered, to root up and del:roy the country produts, with no other purpofe than tht they might be confined to a precarious dependence on Englih vil-ualers from Europe, and forced by the prefiure of their necef fities into that fpirit of difaffel:ion and relul-ance to the fervice, which might prompt them to be clamorous, feditious, and bur thenfom to the ftate. Sedgewicke perceived their aim. He was not fparing of repre henfion to thefe officers ; and he refolved to counteral: their pur pofes to the utmol: of his power, and exert himfelf to prevent fucl1. abufes in future. His firl: care was applied to the ftores at Pafage Fort. He had brought with him one thoufand tons of provifion; and, as he reafonably concluded that the army, fenfible of the mi feries ful:ained by ther former neglet, would heartly join in the proper means for fecuring this new fupply, he defired they would conl:rutl: fome fort of building far preferving it fr01n the weather. But he was difappointed in this expetation. The officers, under various pretences, alledged, that not a man could be fpared. The men themfelves confirmed what their officers had declared. And Sedgewicke,

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B O O K J. C H A P. XI. 2 47 Sedgewicke, perceiving this fettled and general averfion in the army to do any thing, however neceffary, for their own benefit, applied to the vice-admiral; under whofe diretion, the failors, in about fix or eight days, built a complete l:ore -houfe at Pafiage Fort, of one hundred feet in length, and twenty-five in breadth; in which all the goods were properly ranged. His next bufinefs was to ex amine the quantity of undamag e d beef and bread; and he found, that, at a finall allowance, the men would have fufficient to fup port them for about fix months. Whill: he was occupied in thus endeavouring to el:ablih good order, Fortefcue died after a few days illnefs. A military council was then formed for the affairs of the army. It conil:ed of the foperior commanders in each regi ment, being feven in all. Colonel D'Oy ley, as fenior fiel d -qfficer., was appointed preident, in virtue of a power which Sedgewicke had brought with him, and which continued that authority for three months, or until the Protetor's further order. The coudition of the army in refpel to health was lill mol: de plorable. An epidemical ficknefs raged amongl: them, which fwept o ff one hundred and forty men every week. A regiment, commanded by colonel Humphry, had arrived in Olober. It confil:ed of eight hundred and thirty-one young, healthy, and able-bodied 111en By the 5th of November fifty of them had been buried, a mongl: whom were two captains, one lieutenant, and two enfigns. The colonel, lieutenant-colonel, and all the furviving captains, were fick; together with mol: of the private men. Of all the commif~ fion officers in that regiment, not more than four were able to march. The dil:empers, which at this time prevailed with fo much inveteracy, were fevers, fluxes, and dropfi.es. lt is probablej the original diforJer was an ague and fever, the confequence of heavy autumnal rains. At this time, the Jefuits Bark, the fpecific remedy in that dfeafo, was unknown to them. Bleeding was ge11erally adminil:ered; which feldom failed of rendering the com plaint more obl:inate, if not mortal. In the latter ca:fe, the diforder probably terminated in a diarrhrea; and, in the former, a dropfy The fymptoms were, doubtlefs, alfo much exafperated by the bad nefs of their diet, the quality of the water, and the w~t of ne c.efaries proper for fick perfons ; for they had no hofpital, nor other .convenieut

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J A M A I C A. [ A. D. ~655. convenient accommodation, nor women to attend them in the ca pacity of nurfes. I think we are not to charge this mortality 1.1.pou the climate, but the many other proximate caufes, which were furely equal to the effel:. Sedgewicke, who was very capable of forming a right judgement on this point, feems to favour this opi. nion ; for, in communicating his fentiments about this time to the Protel:or, he fays, The iland is adapted to produce any kind of 1nerchandizes that other ilands do. It is full of feveral forts of cattle. The Englih, fince they came hither, have killed twenty thoufand head; and the rel: are now grown fo wi1d, that it is not an eafy matter to kill any of them; though formerly, in the time of the Spaniards, they were all, both cows and horfes, kept under command by proper herdfmen. Our foldiers have dehoyed '' ll forts of -fruit, provifion, and cattle ; nothing but ruin attends them wherefoever they go. If forne good encouragement was .. given to increafe planters here, it might be w~U; but, as the cafe fiands at prefent, there can be nothing of that kind. The '' army claim all the land about the town; fo that there is very '" great difficUlty to accommodate five or fix poor planters with a little ground. The foldiers defire, either to be employed in ce arms, or fent for home again: dig or plant they will not; but would rather :l:arve than work. They might have cultivated as much provifion as would have kept them alive: little is yet done ".in this way ; fo that, unlefs there be a further fupply of vit:uals ,, fent hither, they will perih for want of food." Surely, h e would not have ufed thef arguments, recom:nending .the effet:ual colo nization of a place, the natural depravity of whofe air mul: have rendered every fuch attempt fatal and abortive. His charat:er of the foldiers implies a very fufficient reafon for their difeafes ; and thefe, when aggravated to a degree of malignancy, became, no doubt, contagious to the new recruits of Europeans intermixed with them. Weak as the expet:ation was, of perfuading fuch men to betake .themfelves to agriculture and a courfe of indul:ry, Sedgewicke ,, omitted nothing in his power conducive to this def:ign ; but his principal effort only ferved to difclofe more openly and avowedly i:the real r;ground of their obl:inate inat:ivity. He had cultivated the bel: underl:anding with the vice-admira}, who was equally dif4

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r656.] BOOK I. CHA P. XI. pofed to el:ablifh the colony, purfoant to the ProteB:or's weH known intentiou. On thc 4th of January, 1656, they publi{hed an exhortation to the army; wherein it was urged, '' tbat they could not but conder it a very great merey from God, that, in many of their quarters, the foldiers had b egun in fome 1neaforc, to recover H:rength, and were grown more ,villing to hol
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, J A M A I C A [A D. 1656. miffioner Sedgewicke for their fpeedy removal from the iland, that fe the handful of people yet remaining might be ferviceable '~ to the Lord Protel:or and commonwealth of Englano." Thi~ was figned by Samuel Barry, John Filkings, Robert Smith, Will ia m Smith, Henry Jones, J. Hum p hry. On the 8th of January, D'Oyley ddivered this petition to the v:ice-admiral and major general, who on perufal oJ it were fuffi.cie ntly con,vinced of the ditficulties they mufl: expet in p,rofecuting their intende d work of reformation ; but they were not prevailed ; u pon whoHy to defil: from it. The failors of the fleet had : in alli. this time enjoyed very good h~alth; cruizers were frequently fent out, which annoyed the Spaniards, t@ok mauy valuable prize~, plundered fome of their fettlements on terra firma, and in an ex.~ J?edition to the North coal: of Jamaica dillodged all the Spania r d s they could find theve, and burnt fifty o:f their houfes. The crews of fuch hips as flaid in harbour were employed in planting a fo1all fpot of ground near the fea-fide; the army alone remained inalive ; ,, nor did the viceadmiral give them a betteri charaler tban the _; majo r -ge n eral. They dicl once,',' fays he, apply themfe1ves to pla a t fome fo()d; but of that very little. What was not burnt: "up with the fua was, for the m0l: part, fpoiled for want of weeding ; and they wiJr not now be perfaded to do any thing 4h towar.dstheir bellies, or focuty, e xce~t t@ : fetch provender from \ the .inagazine ; fo that; if the magazine fail, they m.ul: : inevi'' tably perih. For the cattle, fuch of them ,, as w ru: e in a n y de. gree tame, ~ have all b ee n killed ; : fow or none are left; and fome regiments have tal:ed no fleh for a long tim e except that o fr ~ horfo s dogs cats, and the like [u,]. At t1rnir firl: arrival here, ~' horfe.s were in fnchabundance, -. a s to be called the. vermin of the country ; :; but fo fcarce are th ey now g;rown, that "; amo ng all the H regiments they cannot m 0 unt ; one hundred me11.," The / vice ~ adrniral h a d pointed out ~ to them the confeq,enc e of. killing their borfe s an d dogs for food ; .. for with the ailil:ance of thefe animals ; they m i ght h av e P,rocurnd hog&: and c a ttle enough ,or the conft~n t :i [~] In this fcarcity of bette~ food; r a ts a nd lizar d s w e re reekoned a delicate ; e paft L'izard s' were regularly fer v ed up at th e offiers t a bles ; a nd colond D.'Oyley affirmed, ,that t h ey : were e'x Q U' Cfilely pala \f1 bk, .. fubfrl:ence :

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B O O K l. CH A P. XL fobl:ence of the whole army~ But they thought it too laborious a tak to hunt for tbem among the forets of the mountains to which they had been driven, .md where they multiplied very fat. Whil:l:: they were thus de:l::roying themfelves by thcir own in dolence, the Spaniards a'nd Blacks were continually on the watcb, to murder their firagglers, and add to t he havoc. Not more than one planter family was at this time fettled in the ifland. Several perfons had come from the neighbouring colonies, with intention to fettle ; ; but on their arrival either fell fick and died, or were fo terrified, that they would not be perfoaded to :l::ay, though they fufrained very great 1ofs by the removal. Many women, who had arrived to live with their bubands, upon finding them dead, fold themfelves in the other ilands far fervants, rather than fiay with the army, nd notwith:l::anding every encouragement oflered that might in duce them to remain. Sorne finall trading vefiels, which hact touched here, and failed afterwards to the other Englih colonies in America, carried fuch difmal reports of the army's condition, as to deter numbers from venturing thither who were preparing for it. Thus, as if by a kind of fatality, every thing feemed confpiring (o obfirul: the fettlem~nt of this iland. But the Englih foldiers were not the only fufferers under calamity. A great mortality had alfo invaded thofe Spaniards who were retreated to the North fido. of the ifland. lt happened partly fro1n a like caufe, the dearth of .. proviions. No lefs than five hundred of them had perihed bx famine and the difeafes incident to it. Thofe who were called the gentry, conil:ing of eight famil~es, had found means of efcaping to Cuba. The major part of the rel: ufed every poffible endeavour to follw them, in fpight of their governor, or Maefiro del Campo; who waited in expel:ation of a reinforcement from Spain. The whole body of the Spaniards, at this time remaining in the ifland, amounted to no more than three hundred, men, women, and chil dren; moft of whom ha
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. J A M A I C A. [A. D. 1656 .. Bay, and found the dead bodies of two men, fuppofed to be of the party lal: fent to this difiril:. There had been a Spanih village at Paretty, which the Englih on a former excudion burnt to the ground. They perceived thefe ruins in the fame l:ate in which they had been left. From one or two Negrnes, whom they chanced t0 meet with here, they learned, that the Blacks hacl en~ tirely detached themfelves from the Spaniards, and were refolved to maintain their footing in the iland fo long as any cattle remained : for them to kill. \Vhilfi the Englih were cautiouly reconnoitring r on every fide, they difcovered twenty Spaniards in ambufh, who ;,, imme
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1:856.T B O O K I. CH A P. XI. 1L53 grown far more healthy, and conf:ed of two thoufand five hun drnd effel:ive men, bu~ very little better inclmed to till the foiL Their confederate band of officers would Jet them do nothing more than what they were compelled to by the mofl:' urgent neceffity ; and, upon the departure of any hip for England, exprefied in paf fionate exclamations theiranxious deGre of returning home. Yet, to do. them jufiice, both the army and fl-eet: were extremely im portunate to be carried upon fome enterprize 0 againl: the enemy. The fleet confi.l:ed now of twenty-three frigates, hips, and vit:ua:lers, all in excellent condition ; and it wa-s with relulance the v+ice-admiral. found : himfelf obliged to keep them idle in harbour; inl:ead of feconding the ardour of his men by affaulting the Spa niards on the continent. But the apprehenGons, excited by the inte:Higence of an armament expel:ed from Spain and Carthagena; m.ade it prudent to wait for fometime ; as the army alone was not judged equal to the defence of the ifland againfi: any very pow erfol attack. The common fenfe of danger fee med now to unite the fea and land forces more clofely than hitherto. A council of twelve officers, fele6l:ed from each cour, alemble
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254 J A M A I e A.. TA, D. r65~. its foulefi l:ate, and without any depuration, or fettlerhent; by which means it became noxious, epecially when {waHowed in fo ch copious draughts as were necefary to que11ch a thirl: excited by falt-meat diet. The more cautious Spania1 : ds had always taken care to filtet the water of Ro Cobre, and el:eemed it with this pr0cefa not only noffenive, but the rnoH: wholefome diluent for this climate Some of them, :l:ill more nice in their choice, ufed to fetch water from the Rio el Puente, or Bridge River, at fix miles dil:ance, jul:ly thought not inferior to any in the world. But to proceed Notwithlanding this allotment of land, and the reafons urged to 1 incite the foldiers to indul:ry, they appeared unmoved by the coun -ceil's refolution ; for, in truth, the difenting officers, who confti : tuted the majority in the army, although they .concurred in voting the retitude of the meafure propofed, yet would not fuffer it by any means to be enforced. If therefore they publicly feemed to favour the defign of planting, yet they privately oppofed, and ; Jaboured to defeat it. It is no wonder then, that the foldiers, per ceiving themfeh-es excluded from haring a real property in the foil, hould fet about their planting bufinefs as if it was the mol: : grievous tak that could be impofed upon them; and hewed fo much re1ul:ance in attending to it, as to make the few officers, who wihed to promote the fcheme, merely to keep them from t l:arving, almot defpair of fubduing their averfion. Sedgewicke, though a man of calm temper, began now to lofe a11 patience, and gave fome vent to his indignation in a letter to Thurloe ; in which he wrote to this effetl: : There are two things ~, principally enjoined by his highnefs to the anny, fortification and "'' planting. Should I give you a charal:er of the difpofitions and qualifications 0f our army in general (fome few particulars ex cepted), I profefs, n1y heart would grieve to write, as it doth to think of them. I believe they are not to he paralleled in the ..,, world ; a people fo lazy and idle, as it cannot enter into the heart of any Englihman, that fuch blood Jheuld run in the veins 0f ,, ay born in England; fo unworthy, flothful., and bafely focure:; and have, out of a ftrange kind of fpirit, defired rather to die than li ve. A round tower of ftone was in-tended to be built with .. in the fortificatiou at r P01t Royal; but it was difficult to get either 3 "' mafons

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i6 56". J B O O K I. C H A P XI. 2 5 s mafons or materials, except fione; the army protefi111g, thei could not fp-are thirty men to make a little lime; the work therefore, foch as it is, was wholly performed by the feamen; As for planting, there is but little done ; and the truth is, I believe thing more : will be done in it, though they have had ali the in '" tre.aties and encouragements that were poffibly in our power The commanders and officers alledge that the foldiers will not plant ; .. when,. it ismol: certajn, they are not willing the foldiers ~, hould Rlant, ~ but fl:ill fl:and gaping to go off the. iland, as after "' a gaol-deli.very; and, you may be confident, there will be little done : in that. way by this fort of people. Such kind of fpirit "'breathing in Englih~men lyet till now never met with !'' But,, notwithl:anding this fevere animadveron on their fl:upid and heedlefs behaviour, it is plain the major-g~neral had not yet refigned all hope of reclaiming thern ; for, with the vice-admiral's confent, he refolved to employ as many feamen as could be fpared from the : fleet .. in planting. about twenty or thirty acres of provifion ; which, if it fucceede..d, .. he flattere d himfelf, would e.ither. convert or confound the foldiers. A party of m-en having, about this time, oeen fent to the leeward 1 d-ifl:rilt of the iland, in quel: of horfes, they traveled thirty miles iiland,. had the good fortune to catch forty horfes., and in their : :erogrefa. encountered a body of ~paniards, who efcaped by flight into the woods. But three or four women+ not fo nimble .a s their : huba.1:1ds, fell ii?to the hands of the Englih, and were brought to the town In mol: of thefe kirmihes tbe : Spaniards eemed in~ capable of making any refifiance, but only fought : to fave ,_ thern. felves by fgl1t.: fo different were they from their brethren at St.. Domiugo" This dalardly behaviour rendered the Englil:h more fecure, and encotJragyd the m to witb for opportunity of engaging with the whole hoay, that theJ might exterminate the,m from ,, the iflad, Whatever diforders in the army had retarded the pktnting of.the iOand; it is ce:r:tain the Proteror was not fparing of expofiulation a:nd g<;>orl adv ,i ce for re.for.ming their moi;als and condul:. He wrote e.xprefa inl:rulions to the commander 111-. chief; in which, arnong ~ a.ther thng ~ he {h;-01~g ly r~cru.:nro.endd : to form a good : body of : }foi;fe,

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2 6 J A M A I C A. TA.D. r650. hor:e, to hinder the Spaniards from Lmding. He reprefented, thar, if it was kno-;;~:n they had fi ve hundred hore well appointed, ready to march upon all occafions in the ifland, even tha:t alone might deter the enemy from making any attempt u pon it. He rebuked their viccswith the folemn air of a rigid di.vine. "' As we have caufo," faid he, '' to be humbled for the reproof God gave us -'' at St. Domingo, upon the account of our fins, as \Yell as others; G fo truly, upon the reports brought hither t<'> s of 'tbe extreme avarice, pride and confidcnce, diforders and debauchednefs, prophanenefs and wickednc[.;, commonly pra:tifed amo!lg the army, we cannot only bewail the fame, but dcfire that all with you may do fo, and that a very fpecial regarcl may be had fo to govern in time to come, as that al-1 manner of vice may be thoroughly difcountcnanced, and feverely punihed; and that H fuch a fr.1me of government may be exerciied, that virtue and "' godlineCs may receive due eucouragement. And whereas it is too apparent, that a want of due di{cipline in the army, and timely and ordcrly taking care in providing food and refrehment for it of fuch flell and other things as are u pon the iland itfelf, hath becn a great occafion of the ficknes and other dilempers which have fallen among them; \\'e diret you to put the fame in an orderly way; as well for the taking, killing, preferving, u and dreffing of fleh, as for the fowing and planting of fuch '' feeds and other things as will produce bread and other food; which will be a 1neans of rel:oring and preferv ing the health of the foldiers, and lay a good foundation for eaing the extraor dinary charge which the com1nonwealth is at of fending pro '" viions from home to a place which abounds with all things." At the fa1ne time he declared his intention of fending two regi ments of foot, conifring of at leal twelve hundred men, with a further fupply of necefary fiares ; and informed thern, that he had already ordered four months provifion for fix thoufand men to be hipped. It is evident, then, that he was not inattentive to the welfare either of their fouls or their bodies; but rightly j~dged, that immorality was a principal caufe of their utter negle:t of both. Seven clergy1nen had, at different times, refided among them ; but fix of them either fell in the common mortality, or had returned to

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BOOK I. CHAP. XL to England. It may be fuppofed, the officers were not over-zealous in exhrting their men to works of piety ; fince they took no pai~1s to make them pral:ife thofe other duties which were become ab folutely necefary for the prefervation of their lives. In April their little remnant of proviion was beginning to fpoil, and the quantity fo reduced, that they were apprehenfive of total want: yet even this difmal profpel: could not bring the officers to a fenfe of their condition, nor influence them to cultivate even fo much. proyifion as might ferve for themfelves alone. The foldiers looked to the magazine for fubfl:ence; and, when that began to fa-il they broke into mutiny. A party of colonel Buller's regiment, difcontented with their bufinefs of planting, and the redulion in their allowance of bread to half a pound a day, which was una voidable, confpired to revolt : upwards of twenty marched away from the quarters; but they were purfued, and taken prifoners. Three of the moft notorious 1eaders were executed; and the refi: pardoned. This exam ple was of great fervice, as it prevented a general defel:ion, and kept the n1en for fome time more obedien-t to difcipline. The fortification at Caguay, or Port Royal Point, was now al moft compleated ; when the major-general, who was fick of his charge, wearied out with the refral:ory temper of the -army and unprofperous condition of the t:olouy, and impatieIYt to be recalled purfuant to his repeated applications, received th:e Prote6l:or's order to take upon him the fole and fopreme c01nmand So un .. defirable a preferment was not more welcome to him than a death w arrant. ln hort, when he reflel:ed 011 the irnpoffibility of his fulfilling the Protettar's intentions with fuch miferable infirumenis. of whofe unfitnefs far fucha work he was fully fenfible, after :a tedious and irkfome experience; and perceived how in.u.ch the ProteB:or relied u pon bis fingle ability; he could uot conquer his d-iffidence; the chagrn fo cleeply preyed upon h:is fpirits, .as ta overwhelm him with melancholy; and he died 011 the 24th of June, within a very few days after receiving the orders. The ge neral regret, which appeared in the fleet .and army in confequence of this r event, was a clear indication of bis worth. The honel:y of his heart, the mildnefs ef his dif pofition, gentlenefs of mapners, VoL. L L 1 and

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2 5 s J A M A l e A. (A. D. r i 6-5. and competence of underfianding, qualified him to have been a, mofi amiable governor over any well-fettled and efiablihed colony. But he wanted that feverity, firmnefs, and fire, which were re,.. quife to fubdue and awe the fiubborn, refve, and infolent fpirits, that had long dil:ral:ed the army in Jamaica, and which g r ew more intral:able, the lefs they were QOntrou led with a vi .,, gorous difcipline. S E C T. IV. A FTER Sedgewicke's deceafe, the military command de.. volved again to colonel D'Oyley. In all this time no planters from the other colonies had fettled among them. The Protet:or's agnt in New England Jaboured hard to effet: the removal of fe .. veral families ; but they at length peremptorily refufed, alledging in excufe '' the prophanenefs of the foldiery; the great mortality in the iland; and the continua! hazard to the liv.es of any peace ... able f ettlers there, from the kulking N egroes and Spaniards : 1 The foremol: ofthefe 1'.eafons might be thought to militate firongly againl: the New-Euglanders; as the reprobates of Jai-:naica wer o very proper fubjets to be ,, cnverted into the pathsof fobriety and righteoufoefs by '. ~h e fp~ritual preeept and example of fuch imma 1 ~ culate faints: bti'i, it feems, they were fatisfied w.ith toiling in their own vineya-rd, and had no ambition to become apoHes to the ungodly. Their other arguments were perhaps more fincere, aud better founded Thus, defpifed a11d renounce.cd by their vir tuous neighbours, this finful generation found no comfort lmt in mutually bewailin~ their own wret-chednefs. They had plante-d little oi: nothiiig, but employe
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BO OK l. e HA P. xr. '' oth er s, but 1itt1e; and colonel Holdip, who was the bel: and n ol: forward planter, was, ~1pon articles preferred by his lieu te na nt colonel for detaining the dues of his regiment, cahiered by a court martial. Till within thefe few days, the officers would never confent that a declaration hould be publihed to affure a property in lands to the private foldiers; but, in fhort, refolved, if they mul: plant, they hould plant only as the i r fervants. There are," adds he, ill-favoured doings among them, which have concea1ed ends. To remedy thefe diforders, fome inge nuous and p : ublic-fpirted men hould be fent among us.'' I-Ioldip's alivity having rendered him very obnoxious to th~ re fentment of his difaffel:ed brethren, it is probable the charge pre ferred againl: hi1n, of oppreffion, was only a fubterfuge to get rid of him. After this difmiffion, he took his departure for England; where he was well received by the Protelor. About the fame time, majar Throckmorton, for endeavouring to raife fome dil:ur bances in the army, was brought to a courtmartial, found guilty, and executed the very next day. D'Oyley, who was well ac quainted with the dangerous intrigues carrying on among f01ne in the army, endeavoured by this execution to convince them, that he wanted neither refolution nor power to
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J A M A I C A. [A.D. 1656"' fpirit, by rendering their tol as grievous s poffible, and by oppofing every meafure that tended to mitigat_e the fervility of their o c cu pation. With this view, they had prevented, as long a s they were able, the atual affigning of lands in propriety to their me n, which would have reconciled them to the bufinefa, as having fo m ething in pofoffion which they might call their own; and hoped, that the foldiers would be driven, by the extreme hardhip of their cafe,, either to perform their work with fo much n.egligence and ill-will, as might make it uuprodutl:ive of any good effect ; or to break out into open mtiny, and compel their general to aban don the place D'Oy ley in fome meafure weakened the force of this confederacy by the puni!hment infliled on Throckmotton, and by portioning ot lots of land to all the private foldiers, with an afiurance that they hould cultivate aud enjoy them unmolefied by their officers. The fatl:ion, difconcerted by this intrepid behaviour, became vio .. lently enraged againft D'Oyley; but were re11rained from any open, oppofion, by dread of bis al:ivity and determined fpirit: and they were obliged to be content~ for the prefent, with pri. vatdy giving all the obfirul:ion in their poweF to the induhy of t,heir men, and fowing among them the feeds of difcontent. lt was fortunate, confidering the dil:ral:ed l:ate of affirs on hore, that the Spaniards were not in a condition to make .any at tempt upon them. In the iland of Cuba had raged the mol: dreadful and mortal ficknefs known there for many years ; which fwept off grnat pa1 : t of the people driven thither from Jamaica. The inhabitants there, fo far from venturing to difpoffefs the EDglih, were alarmed for their own faf ety and bu:6.ed in pro viding for t he defence of their own coaft... For this purpofe, they were wholly taken up in conl:ruting forts, and cafi:ing bra(s cannon,, that ifland affording feveral mi nes, a:nd every conveniency of wood and water for carry ing 011 founderies In the mean while, the Protel:or was intent on fending over an augmentati0n of force; for the fecurity of Jamaica. On the I 4th of Ottober, a regiment, commanded by clonel \t_Villiam Moore, was embarked at Carrickfergi.1s, in Ireland : but, foon after putting to fea, they met with fo violent a ftor.in, that heu'teuant-colonel Brumpfton, with two hundred foldiers, part of the regiment, was unfortunatel y

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BO OK I. CHAP. XI. I unfortunately caft away on the coal: of Ireland. Colonel Moore was forced back into Cork; which port he with i

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JAMAICA. [ A. D. 1656. -earnefi, of that lucrative trade ,vbich the Northern colonies have, in after-times, with fo much advantage to themfelves, carried on \vith Jamaica ; though as yet but a few vefels ( and thofe were all .from New-England) had cntered there. Their cargoes confified of flour, pe a fo, bread, brandy, and oil ; fo1 which they were paid by .the viceadn i iral in prize-goods, taken from the Spaniards. This, indeed, can hardly deferve the name of a trade; fince it was con fined entirely to fupplying the fleet with fome necefa.ries, and taking in return fuch articles as were not the growth or produce of -the i'and. The furnihing of the latter depended on the army; .and hitherto we do not find that they bent their thoughts this way, though -the benefits arifing from it were fo plainly pointed -out to them by the comparatively better and more abundant fub fifience which the feamen enjoyed by means of their traffic with -the North-Americans. We have a proof of the flourihing fiate of Barbadoes at this 'time from the account of governor Searle; who tranfmitted the following return to fecretary Thurloe of the military efrablihment of that cblony, taken on the 6th of November, 1656; 1 Four regiments of foot, coni:ling of Ei ght troops of horfe, --Men. 4500 800 Total, 5300 according to which, it may be fuppofed their whole number of white inhabitants amounted to about twenty-one thoufand, not withl:anding about four thoufand had gone from thence on the expedition to St. Domingo, and afterwards to fettle in Jamaica. It .is to be obferved, that the mode of calculation, ufually pratifed in regard to European provinces, will not anfwer for the Wefi-Inaian ilands, efpecially in thefe early times, when their militia confil:ed chiefly of indented men fervants, mofi of whom were unmarried ; fo that the number of white women bore no proportion to that of the men. This account of Searle's is by no means confil:ent with Ligon's, who fays, that, in the year 16 5q, there were in it, 4 Effetive

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BO OK I. ffeltive foot, Horfo, CJr!AP. XI. 10000 1000 I I 000 and fiftv thoufand white inhabitants in all, men, women, and chif d.r e n. ..,But it correfponds better with a French author, who reckonsabout tw nty thoufand in the year 1646 ; efpecially if it is confi.., dered, that, for ,v ant of land there, moff of the indented, after ferving out their time ,.. removed to St. Kitt' s, and other lands,. where they cou.Id fettle more to their fatisfalion. But even that total mul: appear amazingly gnrnt : : nor is it eafy to concei~e by what means that ifland, which is not fo farge as fome of the pa~ rihes in Jamaica, became fo well fl:ocked with white inhabi tanr::r in fo h01:t time.. Sorne, .. indeed, have afcribed it to the enc<;>u x:agement given their fervants; to each of wfiom, wheir they had fe.rved their indentures, lots of ten acres were afgned, on whidi they were enabled to fubifl: comfortably ; and carried on a manu falture of cotton hammocks, which ferved as an article of export: to the neighbouring ilands. But ta return. General Brayne in '. his pafag~ touched at Barbadoes ; where he tooR care. to publiilr the Protelor's ardent zeal for the effetl:ual peopling of Jamaica; difplayed the many advantag e5 of that fine iihnd in the mol: al'luring light; hinted at the iinmunities intended to be conferred om ali thofe who fhoulcl remove : thither to fettle; and perfuaded fome of the mo.l: confiderable planters to promife tat they would follow : him fo foon as they could fettle their affairs" Satisfied with this. aforance, he let them know how ag,reeable their refolution woulct he to the Protefror ; : and how fii1cerely he himfeff was difpofed to ; render them every fervice and prote:ion in his p_ower; And~ having fo far exe cutecl his ~ommiffron, he procee ded on his voyageo s E e T. v : BRAY NE arrived at Jamaica OJL the r4th of December ; and l about the fame time carne feveral tranfp,orts with the Seotcli and \ lrih troops .. The late governor of Ne.vis and his party had; by. advice t

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J A M A I e A. '. [A.D. 1657. advice of vice-admiral Goodfon, dete;frmined to feat themfelves at Port Morante. Goodfon probably made choice of th i s place, for the richnefs of the foil thereabouts, and the excellence of the har bour, being capable of receiving forty or fifty fail of hips: but the Spaniards had always declared )t to be a very unwholefome part of the country ; and fuch it proved to the Ne-vis pl anters. On their firfi landing there, a very heavy rain fell; which gave rife to imme diate icknefs among them. Unhappily too, they were obliged to live in tents; which not fufficiently fcreening them from the weather, they were affiited with fevere colds and fevers. Thefe c1iforders gathered firength, for want of proper conveniences and re n1edies for the ick ; infomuch that three hundred of them diecV between the
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BOOK I. CH AP. XI. the foldiers complained of feverities and oppreffion impofed upon them ; and thus nothing but mutual animofities prevailed. The general difcovered flagrant negleB:s of duty on both fides ; and wihed for perfons better affeB:ed to the undertaking. He now likewife perceived, that the planters of Barbadoes had deluded him with empty promifes of quitting that iland for Jamaica. The principal men in the Windward colonies were, in faB:, entirely averfe to emigration ; believing, that the departure of fettlers from among them mul: infallibly diminih the profits of their annual excife on produce, which were wholly applied to public ufes, fuch as building and repairing their fortifications, and the like; for which they had no other fund. BeGdes, their governors had rea fons equally cogent ; for, as their falary arofe from a poll-tax le .. vied on all the inhabitants, fo it was rightly apprehended, that the depopulation of the~r refpel:ive colonies mul: neceffarily ldfen their income. They joined therefore cordially with the planters in every effort and argument that might influence the people againCc re .. forting to Jamaica, which tbey defcribed as no other than a certain grave to all who hould fet foot upon it. By theie arts, the inha ... bitants were fo effeO:ually detened, that even fervants, who had worked out the term of their indentures, ~n
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J A M A I C A. 1atter end of February, governor Stokes and his wife died, leaving' three fons, tbe eldel: of whom was not more than fifteen years old. The governor was advanced in age when he left Ne vis; and had : bcen at fo much expence in the removl, that his fortune was greatly impaired by it. In his lal: rnoments he earnel:ly recom mended his family to Brayne and the ProteB:or, who afterwards bel:oweJ a commiffion in the anny on bis eldel: fon. Eitber this gentleman, or one of his brothers, fonn ed a very good plantation, which l:il1 continues with their defcenvhofe arriva l w,1::r daily expeB:ed. But they went on not many weeks longer in thefe occupations; when their proviGon became totally expended! Their ailowance, indeed, whcn lal: apportioned, was fo fcanty, that the greater part of them had devoured, in one week, their who]e month's fobil:ence. They now learnt, that no forther fupplies were likely to come from North-America; for the Nevv-England merchants, diliking a payment by army and navy bills, hditated to fend any more viB:ualerstill they could be afli.1red o a more fubl:antial return. Their condition grew rather worfe than ever t had been; for the fcamen were equally dil:re:led for food,a cir cumi1ance vvhich had not happened before. The foldiers, in this extremity, relapfed into ficknefs, and were reduced almol: to defpair: they were not on]y deflitute of aliment to fopport na ture, but of cloathing to proteB: them from tbe inclernency of tI1e weather; feveral perihed with hunger; number~ rambled about bare-footed ; and fome had fcarcely rags enough to covcr their nakednefs. The general did every thing in his power for thcm. He

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B O O K I. CH A P XI. He employed a German, very expert in the bufinef s to catch wild cattle; the abld1: of the foldiers were drawn from their planta tions, and fent a hunting; and both th e officers and feamen of the fleet were equally compelled to hunt and fih, that they might fave themfelves from fl:arving. The falt manufal:ure was [uf. pended, not only becaufe they could not attend to it as ufoal, but the year had proved fo rainy, that very lit t le could be made of t:hat artic1e. The weather, fo unfavourable to their falt-work, was at tended with the bel: effel:s on their plantations; wh e re the provi ion carne up in fuch ab~ndance, as to promife a val: crop. This, in fome meafure, revived their fpirits, though it did not relieve tbeir prefent neceility. In the mean time, the remnant of the fettlers at Morante, having recovered their healths, and got jn their harvel:, were exempted from the calarnities which opprefied the other inhabitants, and proceeded in their labocrs with great ardour and fuccefs. In the month of March; fome of tbe hunting parties intercepted two Spaniards, and conduted them to the head quarters. From the depofion of thefe prifoners, intelligence was obtaned, that the greatel: part of the Spaniards hacl been carried off to Cuba, in boats difpatched by the governor there for that purpofe ; that twelve Spanih families, conl:ing of about two hundred, men, women, and children, remained in Jamaica, and two hundred Negroes difperfed in the woods ; and that the Spa niards habitation wa s at Orifian. Although they were glad to find that the number of the cnemy remaining in the ifhv1d was fo cont e 1nptible, yet they were not without fome dread of att a ck from a much larger body, which they heard was preparing to make a defcent. Their wretched fi~ tuation at this time left no hope of being able to oppofe an army of invaders well provided. But, feeble as they were, a party march e d to dilod g e the Spaniards at Oril:an; vvhich explo i t was very foon perfonned; for the Spaniards, cha c.: e<;I from place to place, thought of nothing more than faving their lives, by retr e at and concealment, un t il they hould find an opportunity of conveying themfelves away t o Cuba. The g e neral thought proper to fe nd home the Bear and Succefs fr i ga t es expre[s, w i th a d e tail of mif fortunes, and to folicit immediate ailifiance, On board thefe hips Mm 2. fome

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J A M A r e A. [A.D. 1657., fome of the officers were allowed to remit feveral tons of fol:ic and o ther woods and commo
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B O O K I. C HA P. XI. fr_om England, about the beginning of July, proved a large addi tion to their comforts. Yet the planter foldiers, it rnul: be owned, were reduced to a life of too much labour; for their officers, dif .. ce r ning the emoluments to be gained by the produce of fo ex cellent a foil, \Vtre apt to impo{e the farne kind of work upon them as v, hat tbe N egroe labourers were afterwards ernployed in. Tb i s \vas found much too fevere for their broken conl:itutionst and moved the general to propoie, that the Protelor fhould fend over a number of indented fervants, or a fupply of Africans, giving as a reafon, that their 1nal:ers, having by this means an interel: in their fervants, would be more careful of them, and work them 1nore nwderately ; by which many lives would be faved~ '' and the pia11tc1tions more forwarded." This clearly ininuates, tl at he tbought the foldiers had been urged to labour beyond their fi re ngth; and that many had perifhed fro1n this caufe, whofe deaths, vvere regarded by tbeir officers w,1th indifference, as the lofs fell OH, tbe ate or public, ancL not on them The officers went on for fome time in a very peaceable mood; untii an affair occuned wbich adm : inillered matter for frefh dif content. The colonels Buller and Humphry, captains Vavaifor~ Fleet\vood, and others, who had gone to England, were immedi,. ately on arrival paid their wholc arrears. vVhen the news of this reached the ears of their brethren in Jamaica, the latter wera highly offended, and reproached the Protelor with unjuH par tialty ; obferving, that fuch officers as had left the iland, and me rited difgrace and punihment, for their mifoehaviour and oppofion to public meafures, were well received and rewarded at home; whlft tbey who remained behind, firuggling with difeafe, famine, and every fpecies of hardfhip, were neither fopplied with fitting necdfaries at the fiate's expence, nor paid their jul: arrears, which wcre very conGclerable. It is certain, there was but too much trnth in thofe allegations ; nor, I tbink, can any other reafons be ;:iffigned for this proceeding, than that the ProteEtor, in the low fl:ate of his treafury, thought, of the two, it would Le 1nore prnd.ent to fati s fy the demands of the returned ofEcers, who!e cfarnours, and intereH: with the rel: of the anny at home, rnight be troubkfome to his repofe ; and to del ay payment of thofe lft in Jamaica, whofe remotends

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. z70 J A rv1 A I C A [A.D. 1657. motenefs prevented their complaints from becoming fo immediate marks of public notice, and who were not fo _capable of giving di:l:urbance to bis government at home. The office!'s in Jamaica, provoked by this ill treatment, were all extremely urgent to embark direB:ly for England, that they too might receive their pay, and engage in the military operations carrying on in Flanders. In this ernergency, the general, in hopes of dividing their refolutions, em_ ployed what little money he could c01nmand in buying off the 1narried men ; to whom, in confideraton of their families, and ; greater expences of living, he paid the fourth part of their dues. This preference, though it rendered the married officers tran quil, and wore to them an appearance of equitable dealing, afforded additional fubjeB:-matter to the refr for difatisfat:ion; for the hatchelors argued, that, if any predileB:ion was due to either party, themfelves were better entitled to it, becaufe their pay would re turn home ?gain in remittances of caih or goods, or in the purchafe of Negroe fervants; whereas the married men gave all their pay to their wives, who fpent it in cloaths and viB:uals, without any adeqnate benefit to the commonwealth. Thus the general, having dfunited thefe parties, and difcbarged himfelf from being the fole objel of clamour, found means, but not without difficulty, to pa cify the mol: turbulent, by reprefenting bis own indigence, which prevented him from in:l:antly gratifying all their wants, and by affurances of laying before the Protelor the hardhip of their cafe, .in order to their obtaining the mol: ample redres ; to enfure which, he advifed them to a fubmiilive and peaceable d~meanour. After this :l:orm was blown over, he proceeded vigoroufl y towards carrying on a new town, which he had projeB:ed at Po r t Royal Point. Here he eretl:ed all the l:ore-houfes for the army and fleet, and de G2:i1ed it as the chief place of foture trade. He el:ablihed 0 L .a governor at Tortudas, in order to hinder the French from occu, pying that ifland, who had in c9ntemplation to form extenive falt works there. Obferving many of the prvate foldiers lazy and unfettled, in expel:ation of being conl:antly maintained at the public charge, he difmiffed them the fervice. In hort, he omitted nothing in his power that could render the colony more populous and thriving. The ncefant application of bis mind and body to thefe

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16 57.7 BO'OK, I. CHAP. XI. 291, thefe objeB:s harrafied him fo feverely, that he had not time to ufe proper remedies for recovery of his health, which had fuffered by v.iolent fevers. His ufual fpecific on thefe occafions was copious blood-letting; which in this climate only ferved to weaken his confiitl~tion, and accelerate his end. He died on the 2d of Sep tember, after ten months refidence ; ~ during which, he had enjoyed but very few intervals from ficknefs and uneafinefs; and was bu ... ried, with all the pomp and folemnity the circuml:ances of the co~ lor1-y could admit of, in the church of St. J ago de la Vega. Brayne was a native of Scotland, and feems to have been tinhued with fom~ fmall po.rtion of national prejudice. Not long befare his de ceafe, colonel Moore arrived fr01n Ireland, with the ren:1ainder of his regiment. Moore did not much like bis n ew place of refidence The cbief caufe of his impatience was; that he had been obliged to lea ve a plantation in the prov1nce of Ull:er; in Ireland, which he foared would go to ruin during his abfence. He therefore prefled very earnefily for ]cave to return ; but, Brayne refufing him with fome degree of petulancc, he grev,r indecently outrageons, nor could fopprefs his palion, till the general threatened to put him under arrcl:, and hring him to a court-martial, for mutiny. J n re prefenting this affair to the Pr0tel:or, the general ininuated, '' that the ofEcers from lreland put the ftate to great charge, and do little fervice ;" a cenfure, which certanly was too indefinite to be jufr. Abfiral:ed from this, which, in a favourable confirution, we may impute to a haftine.fs of temper, and the l:ill glowing fire of refent1nent kindled by the late affront, I do not perceive any blemil1 in his charal:er. He was unquefiionabl y a good foldier, an 0 honel: man, and mol: indefatigable in the ex.ecution of that duty to which he was appointed. By his judicious fiep at firb fetting out, in removing thofe fal:ious ofiicers who had occaiioned fo rnuch trouble to Sedgewicke, and by his fpirited behavim 1r and prudent rneafures afterv..-ards, he won the affotion s of the army, brnught them to a reliih for indul:r y a nd ad v anced further than all his pre
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J A M 'A I C A. [A. D. 1657 S E C T. VI. THE fupreme c01nrnand, upon Brayne's deceafe, again fell to ,colonel D'Oyley; who, dil:1tisfied with fove'ral fruitlefs applications to be appointd a permanent governor, and not well pleaed that he had been fo repeatedly fuperfeded, very feriouly addrefed the Pro telor for leave to return home ; a1id prayed him to c;onfer the pol: i on colonel Earringt011, who1n he recommended as a man of known integrity, competent abilities, fufficient experience of the place, defirous of qontiuing on it, and of a genius firongly inclined to planting. Though it feems probable from hence, that he now en tered wth fome relulance into the vacant offite of governour; yet his condull: in the fequel proves, that he was every way equal to, and worthy of it. The change had fcarcely taken plae, be fore they gained certain intelligcnce, that the Spaniards, in purfu~ .. anee of a plan formed by the viceroy of l\.1exico, were rnaking pre_parations to attack them. There was now an abfolute neceffity Sor keeping all the officers and rnen to a firi military duty ; none cmuld fafely be fpar.ed. Their vigilance was redoubled; and, by D'Oyley's good difpoGtions, a letter of inl:rulion from Don Pe t er : Bayona, governor of Cuba, to ferjeant-n1ajor John ele los Reyes, a : Spanih officer, was intercepted, together with other material pa JJCrs, relative to their intended enterprize. The ferjeant-major, among other particulats, w:as ordered to choofe out a convenient fpot for bis head-quarters, adjoining to fome watering place, and fituated higb, for the enjoyment of freh air, and prefervation of J1ealth; to begin bis afault upan that quarter which had the fmallel: force to defend it, vi.z. Port Morante, where he uuderlood 4:he Nevis planters re!ided with a very inconfiderable guard of foldiers, and thofe much difcontented ; that, as to the manner of fighting, it hould be in parties, having the main body 11ear at hand~ :to fofiain them ; that in the firl: engagement, and du ring the heat .of it, th~y ought to be very bloody, but afterwards fhould offer quarter, and free pafa_gc to Cuba, and thence to Spain; that all 2 fuch

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BOOK I. CHAP. XI. 2 73 fuch as dered it hould be treated with civility, and for this purpofe tickets might be difperfed aniong them by fome trufly mef fenger. As to the manner of the march, he was direl:ed to form the van with eight mufqueteers, headed by an able ferjeant, and place the fome number before each fl.ank, at a good difiance from the main body; whofe buinefs it hould be carefully to explore all ambufcades, and upon difcovering any to fire upon them, and re treat nghting to the main body. And becaufe he had notice that the Englih poleled above fourteen hundred laves, and that mol: of the Spanith Negroes were fiill faithful adherents to the interel: of their old mafiers, t.he ferjeant-major was enjoined to endeavour to introduce fome of thefe Negroes among the Englih laves, that, by promifes of good conditions, they might be perfuaded to defert their owners, or at leal betray the Euglih quarters: but he ad vifed to proceed herein with great circumfpeltion, beca u fe of the little confidence that could fafely be repofed in fuch kind of allies, The tenor of thefe infhutions was an evidence of that caution and fagacity for which the Spaniards are fo remarkable. The choice of fuation, pointed out for the head-quarters, is confor n1able to the difpofion thefe prudent people have in general hewn in building their Wefl-India towns, except where they found themfel ves obliged for the fake of trade, or fome other very co gent reafon, to deviate from it. Indeed every part of thefe in l:rul:ions affords an ufeful lelon to the inhabitants of our Englih Wel:-India coluies; and it is on this account chiefl.y, that I have in terwoven them with my narrative, in which I hall now proceed. The army had no fooner taken all proper meafures which this in telligence naturally foggeled, than they were informed that Don Amoldo Safi, the old gvernor of Jamaica, was landed, and pre paring to afl: in the meditated conquel:. He had brought with him all the furviving natives that had formerly retired to Cuba, and were able to bear arms. He was likewife endeavouring to collel: the other fcattered parties from their conct::ahnents in the ifland, in order to difcipline them: but they ,vere fo puillanimous, and had fo little of martial fpirit, that they foon began to naufeate the fervice, and to defert from hi1n as fal: as they could. Incenfed VoL.I, Nn ~t

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2 74 J A M A I C A. [A.D. 1657. at ther cowarJice, he ifiued a proclamation, that none hould leave the iland on pain of death; and, for their encouragement to fiand their grond, he afiured them, he was in daly expe:ation of fix hundred foldiers from Carthagena. The governor of Cuba was not behind-hand in feverity. He threatened to hang u p, without merey, every man of them that hould pafs over to his territory. But their timid behaviour convinced hjm, that the land was only to be regaincd by regular troops, and that none of thefe poltroons were to be depended on in time of alion ; and he thought ne cefary to apprize Safi of this opinion, that he might not rifque the failure of their plan by relying too 1nuch upon fuch men. Excluive of the reinforcement from Carthagena, eight hundred regulars were expe:ed fro1n Old Spain. So that Don Amoldo be..;, gan to plume himfelf on the fure profpel: of a glorious vitory; and, in the fullnefs of his heroifin, he difpatched a letter to the king his mal:er; in which, after commending his royal wifdom in feeking to re-poffefs an ila,nd of fuch val: importance to his commerce of the Jndies, he promifed confidently, that he would difiodge the Englih very fpeedily fr~m all their quarters, and ex pel them out of the iland in this year of 16 57, or at leal: reduce them to.their fortrefs at the fea-fide. D'Oyley, not in the leaft difmayed with a11 thefe holile ap pearances, refolved to attack them before their forces could effel a junlion. He picked out a body of five hundred meu, well officered; and embarking with them failed in quel: of the enemy. On his arrival at the North fide of the iland, he landed near Ocho Rios (or Cheireras Bay), where the Spaniards, equal in num ber, had taken pofi, and fortified themfelves with an entrench ment and breal:-work. He afaulted them with fuch impetuofity, that they were foon driven from their works, ancl totally routed, great part of them being f1ain in the a:ion, and the rel: either fo r ced into the woods, or taken prifoners. In the enfuiog year, D'Oyley received intelligence, that their long ... expel:ed corps of re gular infantry had been for fome time arrived from Spain. They confil:ed of thirty fmall companies, making in the whole abot one thoufand men; and, being well furnifhed with provifion, ordnance, and ammunition, they had taken up their quarters at Rio Nuevo,

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1658.] BO O K I. CHAP. XI. 2 75 Nuevo, in St. Mary's, where they ereB:ed a fort of fome hength on a rocky eminence, near the foa, and not far from that river. D'Oy ley called a council of war, in which it was unanimoufly re folved to fall 011 the enemy without dela y. Perceiving a general ar dour among the troops for entering into aB:ion, he commanded out feven hundred and fifty officers and foldiers, and on the 1 r th of Tune embarked and faild for the North fide. .. On the 22d in the morning, he attempted to land at Ro Nuevo Bay, which was defended by two companies, within half-fhot of the cannon belonging to the Spanih fort. The Forlorn advanced through the water, and afaulted that party with fo much gallantry, that they were foon routed, and one captain and twenty-three inen flain. D'Oyley, purfuing this advantage, rnade ba_l:e to land the refr of his men; which he effeted without much lofs, notwithfianding a continua! difcharge from the fort. The Englih fpent that day in battering the fort from their hips; but the elevation on which it l:ood prevented the guns from bearing fo as to make any effec tual impreilion. In the mean time, D'Oyley, having reconnoitered the place, was at a lofs how to proceed. He had learnt, that the enemy greatly exceeded bis little army in numbers; that they were fortified with ix pieces of cannon ; the fituation of their fortrefs was naturally l:rong; and his accefs to it was obl:ruted by the river, which he mul: riecefarily pafs, and whofe depth he was un acquainted with. Having therefore duly weighed thefe circum ft.ances, he ordered a fufficient number of ladders and other im plements, necefary for a coup de main, to be got ready ; and on the 23d he difpatched a drummer, with a fummons to Safi, governor of the fort, requiring him to furrender; and ordere
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276 J A 1\I A I C A. [A. D. 1658. while he profecuted the attack. by land on the other fide. Having made thefo difpofitions, he forded the river on the 24th, as foon as it was light, and came to a fieep hill at the di{bnce of a quarter of a mile from the fort. A party of the enemy had taken pol: here, and ,vere very bufy in ereling fome new works. The Englih advanced with the utmol: intrepidity; :rnd, clambering up the rocks, an exercife they had often prall:ifed in their hog-huriting excurfions, foon gained the fommit, drove the Spaniards from their works, and, after halting a little to refreh themfolves, proceeded towards the fort. The general, as foon as he carne within fight of it, obferved with much fatisfa8:ion, that tbe walls were not car ried up to the fame height on that ide as on the other, and ordered the Forlorn to advance with their ladders and hand-grenades. The Spaniards, difconcerted with the boldnefs of their approach, fired towards them at ranclom, with but little execution. In the mean time, the Englih, having attainecl on full fped to the foot of the wall, received the enemy's fire ; ancl, clapping the muzzles of their guns into the loop-boles of the flankers, poured a volley of hot foll in u pon tbem, which, as they were cooped up within a narrow compafs, hlled and wounded feveral. In the midl: of the confu ion occaioned by this affult, the general gained pofoiion of the flankers ; which the garrifon no fooner perceived, than they made as much hal:e as they could to get out of the fort, ancl took to their heels with the utmol: precipitation. Many of them fought a refoge amoug the rocks on the foa-hore; where they were hot by the failors, who put off immeJiately from the hips: the rel: were pu rii..1ed three or four miles ; and great part of thcm laugh terer, or taken prifouers. The great difparity of the lofs 011 each fide in this eng:1gement proves the victory to have been vcry compleat. On the part of the Spaniarcls, three hundred privates, feveral cap tains, t\,'O priel:s, and one ferjeant-m:~jor, were killed ; one hundred privates, and fix captains, made prifoners of war ; the royal l:andard ancl ten colours taken. In the fort were found ten double Garrcls of powcL-r, great l:ore of fhot, fix pieces of cannon mounted, and a large quantity of wine, brandy,

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BO O K I. CHAP. XI. .... -7 brandy, falt, ol, and other provifions; \Vhich v ere a mol: accep table prize to the vil:ors. On the fide of the Englih, the captains Wifeman, Jv1ears, cap tain-lieutenant Rob in fon, enfign Farror, and twenty-three privates, were killed; and thirty-four wounded. D'Oyley dernolied the fortifi.cation ; and by this gallant al:ion repaired the honour of the army, which had ful:ained fome injury at St. Domingo. He af terwards diflodged the fogitive remnant of the Spanih forces who had heltered themfolves in the woods, took two more of their c0lours, and feveral prifoners. After thefe fuccefve difal:ers, and other defeats in fmall {kir mihes, the Spaniards defpaired of regaining the iland. Ivlol: of them, who could find opportunity, quitted it, retiring to Cuba, or fome other of their fettlements, and never ventured to make another attempt of any confequence aga inl: this colony. A Spanih fleet, conifl:ing of fifteen hips of war (which had been del:ined to take in foldiers at Carthagena, to fo pport the invafion of the iland), upon the news of Don Safi'"s ill fuccefs, made thc bel: of their way to the Ha vannah, and left the coal: open to the Englih fleet; on board of wbich D'Oyley embarked three hun dred foldiers, burnt two gal1eons boun_d from Cart:hagena to Porto Bello, and del:royed the town of Tolu, fuate
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J A M A I C A. f A. D. 1658. tations. Two hundred and fifty fettlers carne among them from Bermudas ; and feveral Quakers, who had been driven out of Bar badoes. Thefe inoffenfive and well-meaning fchifmatics difperfed godly books among the foldiers, with a view to their converfion. The Quakers in England had, for fome time, been under perfecu,. tion, being fuppofed to have embraced the tenets of the Levelers; and many of the principal men among them were accufed of preaching dolrines, and plotting confpiracies, dangerous to go vernment. D'Oyley, regar
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1660.J BOOK 1. CHAP. XI. perceived their old friends and mal:ers were no longer able to keep footing on the iland, they murdered the governor placed over them, and chofe a ]cader from their own gang. Such was the hard neceility of the Spaniards, that, una ble to command, they were conl:rained to implore and court protecl:ion of thefe blacks. The captain elel was the famous Juan de Bolas, whofe place of re treat in St. John's parih, a pretty l:eep mountain, l:ill retains his name. The Englih procured fome blood-hounds, and hunted thefe blacks like wild beal:s; till, grown weary at length of this uneafy life, and being in danger of perihng for want of provifions, they fent a deputation to 1 D'Oyley, who promifed to receive them into favour on frrendering their arms. The major part of them accepted the terms ; but fo1ne others refofed to fubmit, and with drew to fecret recefos in the midland parts, with which they were perfel:l y well acquainted. Here they neiHed for feveral years, until they grew numerous enough by breeding, and the acceffion of runaway laves, to repeat their antient hol:ilities, of whicl~ I hall give fome account hereafter. The fubmitting Negroes, as an earnel: of their fidelity, became extremely fedulous in difcovering the hiding-places o( the Spaniards, and readily affil:ed the Englih in purfuing them and the other Negroes who had refufed to come in on terms. In the beginning of the year 1660, colonel D'Oyley, being in formed by thefe allies that hii old opponent, Don Chriopher, un willing to reGgn bis pretenons to the government fo long as he could maintain tbe leal: party, or few of authority, was 1ying perdue on the NOith fide of the iland, ordered out a detachmenc llnder the command of lieutenant-colonel Tyfon, con(il:ing of eighty officers and foldiers, and twenty-one of the revolted Spanih blacks; whioh, after a tedious 1narch acrofs the mountains, carne up at length with Don Chril:opher, who had pol:ed himfelf in a iwampy place with one hundred and thirty-three men. His fe cond in command was an experienced foldier, who had ferved in Spain, and had engaged in this new fervice in conideration of do u ble pay, and a promife of fucceeding to the chief command after the governor's death. The

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..... 2 80 J A M A I C A. [ A. D. 1660. The Englih advanced 1.1pon theff\ with intrepidity; and at the firH: onfet the Spanifh lieutena11t-general received a wound, by a lance, in bis belly, of which he died in two hours. The lofs of this able leader, pon whom all their hopes had been fixed, imme diately l:ruck the whole of their 1ittle army with a panic. Their general, Don Chril:opher, was one of the firl: to retreat, and ran fo nimbly as to fave himfelf from being taken. Several, however, were made prifoners, and about fi.xty officers and foldiers ain, on the part of the Spaniards, without any lofs to the vitorious fide. The blacks were extremely ative upon this occafion, and gained great applaufe by their clexterity in catching the fogitives. The unfortunate old governor, being now reduced to the lafl: extre1nity, and l:udious onl y for the prefervation of life, fent commif fioners to treat on bis behalf; and \Vas permitted to retire to Cuba After this exploit, the Englifh proceeded to Chereiras Bay, where a vefiel l~y at anchor, which the Spaniards had formerly taken, and employed to bring them monthly fupplies of provifion fr01n Cuba, fuch as cafiada-b_read, fweetmeats, chocolate, and other con veniences. The better to fecure her fron1 being furprized, ...t,hey kept feveral fcouts at forne dil:ance from the hore, to reconnoitre the country, and give the a1arm u pon the approach of an enemy. Colonel Tyfon had intelligence {)f their caution ; and, difpofing his 1ncn in different ambufcades, found means to fecure all the fcouts one after another; after which, he concerted his meafures fo well, as to rnake himfelf mal:er of the vefol, on board of which he found twenty officers and foldiGrs, who were all taken prifoners. The fow remaining Spaniard s who had eluded tbe fearch of the Eng1ih forces, embraced the firl: convenient opportunity of making their efcape from the iland, leaving about thirty of their Negroe laves behind, wh? fecreted themfelves in the mountains, and afterwards entered into Zllliance with the other unfubdued ban ditti. The iland now began to vvear the appearance of health and plenty; the planting bufinefs went. on fuccefafolly; commerce in creafed ; and the fcufe of former mferies was almol: obliterated : when, in the rnidl: of thefe pleafing circurnl:ances, a faious of ficer' of the army, colonel Raymund, who had rn.ade himfelf very popular among thc private men, confpired to engage them in a ge 3 neral

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B OOK I. CH AP. XL 281 neral revolt, and perfuaded bis friend, lieutenant-colonel Tyfon, who had behaved fo gallantly in the lal: encounter with the Spa niards, to affociate with him in the plot. Raymund's objel:, it has been fuppofed, was to feize the govermnent himfelf; but the real defign is not certainly known. Whatever it was, he was pro bably encouraged to the attempt, by knowing that D'Oyley was not armed with any exprefs commiilion, or power, to punih foch offences capitally. Befidest he had won the affetions of the fol diery, or at leal the 1najor part o.f them; and was not unac q uainted, that D'Oyley was by no means a perfon agreeable to the Protel:or; that he was rather aul:ere in his manners, and a l:eady advocate for purfuing the cultivation of the iland, to which mol: of the private men were diinclined. It is certain, this confpiracy w.i.s alarming, if not extenfive. The mutineers began by breaking /u ~tt,Y '9l open and plundering fome houfes in St. J ago de la Vega; and, their number of partizans increafing, it was imagined they meant no lefs than the de1nolition of the town. D'Oyley faw :he danger fo urgent, that he found hitnfelf compelled to fupprefs it by an al: of boldnefs which might l:rike the rel: of the troops with awe. He immediately put himfelf at the head of a chofen party, defeated the confpirators after a l:out rel:ance, frized the two officers, and brought them infiantly to a court martial. They were adjudged guilty, and hot purfuant to their fentence. Colon el Ray1nund met bis fate with a magnanimity and refolution that would have done him honour in a better caufe; but bis cmnpanion, who had been unwarily drawn in to a participation of the crime, but had pledged himfelf too far to rettat, appeared overwhelmed with contrition for having fullied bis charater with the infamy of rebellion, and effaced the glory of his pal: fervices by an ignominious end. This fevere example re-eil:abli!hed good order and d ifcipline, and every thing feemed to profper under D'Oyley's wife and ative govermnent. Trade no fooner began to raife its head at Port-Royal, than a more agreeable employment offered to all thofe foldiers and other enterprizing fpirits who preferred a roving and martial life to the (ober and laborious occupation of planting. Pri vateers began to fwarm. The example of the fquadron, which had made feveral VoL. I. O o rich

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J 7 A M A l C A. [A.DO" I 660. ricH eapMnesj, was a :;o powerful incentive with man y, and pointed out to them an afy road to affluence:: though the fidl: deign of equipping the~ was no other than to fecure the iland againl: the Spania rds, by gi ving conftant alarms u pon their coal:s; and to fav.e the commonwealth the heavy charge of always maintaining a fleet here fop that purpofe ; and ; finall_y, tO' compel the Spaniards into a folid and durable peace, by annoying them in every q uarter, and interrupting their navigation. This was general Brayne's objetl:; and in proces of time, encouraged by D-'Oyley and feveral fuc oeeding goven1ors; who thought it the mol: judicious way of dealing with the -Spaniards, and of prevailing on them to recede from theip inaxim of waging a perpetua! enmity with all intruders in Ameri~a .. The propriety of it was fully juftiffed in the event, by ; ,. ..., ~ \ .,, \ "the cmfluence of tra0ers and others, who reforted to this iland in the courfe of a few years, in order to participate of the booty with -. which Port-Royal became fo abundantly :l:oGked by the privateers, who, from very fmall beginnings, mulered ; at lafi three thoufand '. fighting men, and thirty fail of fiout vefels, weH furnihed with e-very necefary The great confluence of inhabitants to Port~ .. Royal, and the long tranquillity enfured by fo powerful a naval ar.. mamnt, which the S paniards were unable to ;. withl:aud; neceffarily tended to increafo the number of fettlements on hore ; for the great confumption of provifions of all forts in that town, ,. and for the outfit of fo many privateersj created a very large demand for cattle, heep, hogs, poultry, cor11, and every other fimilar fup ply fornihed by the planters and fettlers. Hence it happened, that thofe who were pofiefie
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1660.] B O O K l. CH A P. XI. bel: houfes in the city o f London. When the fpirit of privateering was broke, this event was followed by the declenion of Port-Roy,al, and the diffipation of the petty fettlers, who from that period began to fpread themfelves more into the inland parts; and, wh en fugar became the fiaple of the iiland, the nature <'>f the commodity, which required large tral:s for its cultivatio:n, necefariJy gave birth to land monopoles. A large number of the thirty-acre lots were bought up on eafy terms by the more opulent planters or mer .. chants, and confolidated into one prnperty. To ful:aiJ1 thefe fugar el:ates, large breeding farms were requi fite ; and thefe tended to promote the fpirit of monopolizing: fo that thofe places, which originally were beft fiocked with inhabi tants, are now e~ther clefert, or turned into paftures for cattle and heep. The general avidity for fettling fugar works has been .. pro ductive of confequences in Jamaica fimilar to what have lately been experienced in England upon the demolition of ftnaU farms~ :Jt has thinned the country of peopJe, ancl occafioned many necefary articles of food to be extremely dear and fcarce, by abolhing that clafs of poor, but ufeful, fubjects, who had found the ir account-in the production and vending of thofe rticles. As we have no memorials of the further prnceedings of the army from this year 1660 to the year r 662, when lord Windfor was appointed in the room of colonel D'Oyley [wl; I mufr her-e conclude [~...u] The lafr capital operation by land, performed by thefe veterans, was in the latter end of the year 1662, foon after lord Windfor afumed the government. His excellency, taking i:nto confideration the many infolts and abufes committed by the ilanden of Cuba tpon Englifh fubjets, ar1d their frequent attempts to obfrrutl: the trade of Jamaica, determined to reraliate upan them, :md prevent them from giving any difrnrbance for fome time to come. With this view, he caufed one thoufan
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4 J A M A I C A. [A.D. 166or conclude my narrative with fome encomium on the lat.mentioned gentleman, under whofe aufpices this colony was preferved from foreig.n as well as intel:ine enemies, and advanced very far in c1v1 liz ation. By his perfonal bravery and wife condul: in defeating every at tempt of the Spaniards to retake the iland, as well as by tl1e fpirit of indul:ry he excited among the troops and other inhabitants, wthout relaxing their military difcipline too much ; he gained : very near i t, and in danger of driving upon the rocks which environ the leeward or Wef!:ern : point. The town i1ands near the North-eal: angle of the harbour, about the dil:ar;ce of three miles and a quarter from the principal fort, calloo, like that of the Havannah, the Morro, or Rock. The Englih fleet had no fooner approached the offing oL the harbour, than a land wind fprung up, and baffied their attempt, Upon this, they altered their firil: plan of attack, and, coafng along the hore, effe8:ed a landing, about two miles from the point, upon fuch inconve nient ground, that the night came on before the whole army could be difembarked. The fpot where they had landed was rocky and foil of trees; which, together with the darknefs that in volved them, contributed to retard their march, and to render it exceedingly difficult. Their guidef, however, having at length provided fome torches, they purfued their route, and about the dawn of day came up with a plantation about fix miles from the lan
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J 660.1 B o o K r. e HA P. xr. more honour than either Penn or Venables by their invaion of ir. If to tbis we add, that he appears not to have fought advantage to himfelf by the monopoly of land, which undoubtedly was within his power, or by pra&iing any extortion or opprel.ion on the fub jets abandoned to bis entire command; but, on the contra r y~ ma nifefi-ed a firm and perevering zeal in maintaining good order among men diheartened and averfe to fettlement; in improvi11g and el:ablifhing it by humane, vigorous, and prudent meafures, whle in its infancy; and, finally, deliverng it out of his hands to the-. nation a wellpeopled and thriving colony; we hall fee caufe to applaud hi1n asan excellent officer, a diinterel:ecl patriot, a wifo governor, a brave and upright man ; and muft lament, that, although it is to bis good conduB: alone we owe the pofiefon of Jamaica, he received no other reward for his man y eminent fer vices than the approbation of his own heart. He was of a good family, educated to the law, and held fome civil employments in 'lreland: but, conformable to the ufage of the times during the Civil War, he quitted his profeilion for the camp, and firl: ferved among the royalil:s. He was, early in the war, taken prifouer by the forces of the parliament; and afterwards entered into the fervce of the vitorio"tl1s party. He engaged in the expedition againft the Spanih \Vel:-Indies for one year only; but, by various occurrences, continued in the fervice till after the Rel:oration. He had l:rongly .Ju. P,-.f ,u folicited Cromwell to confirm him in the government of Jamaica; and was confi-antly refufed, from a dil:rul: perhaps of his political principies. So that, although he enjoyed the fupreme command here for a longer fpace than any of his predecelors, it was on.ly by the accident of furvivorhip upon the deaths of Sedgewicke ano.l Brayne. It is a memorable circumftance attending bis life, tha.t the very man to whom the Protetor had manifefted fo inflexible an averfion or jealoufy, feemed the mofl capabie of any commander employed; that he he1d the government" which had been denied to his folicitations, much longer, and focceeded in th~ adminii1ration of it much better, than any otber. If we take a retrofpetive view of CromweH's policy and ~a nagement throughout the whole of this bufinefs, we l\ali frnd no great reafon to admire them. The ill focces of the enterprize a-gaint

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286 J A M A I C A. [A. D. 1660. againl: St. Domingo may jufl:ly be afcribed as much to the treacherous behaviour of the perfons commiffioned by Oliver in : the equipment, as to the injudicious choice, and bad execution, of the officers and men by whom it was conduted. The foldiers w ere for the mol: part the refufe of the whole army; the forces, inlil:ed ; in the Wel:-Indies, were the mol: profligate of mankind; Penn a,nd Venables were of very incompatible tempers; the troops were not furnihed with arms fit for fuch an ex p edition; their proviions were very defetive both in quantity and quality; all hopes of pillage, the bel: incentive to valour among fuch m e n, were refufed the foldiers and feap1en; no diretions nor intelli g ence were given : to conduB: the o.fficers in their enterprize; and at the fame time thGy were tied clown to follow the advice of commiffioners who : extremely difconcerted them in all their projeB:s [ x ]. For the pofieffion of : Jamaica, the generals were more indebte.i 1 to the cowardice of the Spaniards, than the bravery of their own troops. In the reinforcing of that army, who were to plant as well as defend the iland, it was furely unwife to fend l:urdy beggars, thieves, and vagabonds, gleaned from Scotland and other parts, with a deign to their altering their nature in Jamaica, and becoming converts to fobriety, indul:ry, and good-manners. The ._ quality of thefe recruits may bejudged from major-general Boteler's return of perfons committed to gaol within his afociation. It be ... gins in this manner. In the gaol at Northampton, Th 1 kr. {Thefe three are fuch as live out of any calling, ornas ac 1011, M h G .. and very drunken fellows, and quarrelfome; att ew auge, M k e k are all fingle men, and fit for the er v ce be: ar e roo es. d r yon 1eas. This {ame purveyor for the colonies, in bis letter to Thurloe in th e year 16 56, 1nake5 humble motion, that he would pleafe to help him to a vent for thofe idle vile rogues, that he had fecured fo r ~' the prefent, fome in on e country, fome in another ; being no t able to provide fecurity for their peaceable demeanour; not fit ,, to live on this ide fome or other of our plantati011s.'' : He adds ,. -4 that he could h e lp Thurloe to two or three hundred at twenty. [x] Hume, fou r

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I 660.] BOOK l. CH A P. XI. ,, four hours warning; and the countries would think themfelves ,, well rid of them [y]." What happened u pon the introdul:ion of fuch levies into Jamaica might eafily have been forefeen. Th e y perfil:ed in their difolute courfes, contaminated others who were : well difpofed, and rendered the place for fome time offenfive to ., ffrangers, who might otherwife have chofen to fettle in t. Anothet' great defet in the cotonization of the iland \Vas the neglel: of pro. viding and el:ablifing, by the fopreme authority of the l:ate, fome cert~in frame of civil government. The Pusitans of Ne~England, who had profpered fo amazingly, were rel:rained to an 0,rderly, temperate, and indul:rious way of life, by the aul:erity of their religious principles, which anfwered all the ends of muni'c1pal laws, and comp~1lfory penalties. The men, colleled at Barhadoes and the other fmaU ilands, were chiefly fervants, who had worked out the tenn of their indentures, and derived very little ,: morality or decency from their education, fphere of life, or habitual pratices; for they had been ufed to herd with Negrpe laves:, and -: refembled them in the brutality of their manners.. In regard to the reprobates expeUed fro1n England, where they were nuifunces; although it may be true, that men of rel:lefs tem .. pers, and many of indifferent morals, which might -render th em noxious in the mother ~ l:ate, may often become ; very ufeful citizens 1 when trnnfplanted into the remoter par.ts of the empire; yet it fo:ems reafonable to think~ that; in order to beco~ne ufeful, they mul: undergo th~ir probation in colonies airead y well-fettle d, and : fobjeed to a regular forrn of government, where wholefome laws connel and l:rengthen all. the qbligations of fociety, and where a c-ompetent power refides to put thofe fa:ws in foil execution. Men : of a capricious or difolute turn of mind have not that fufficient de.g ree of. patience, l:eddinefs, and decorum, fo efential to the ef_ ,-. tablifhment of new plantations in parts remote from the i1nmediate fuperintende'nce of the mother-fiate. Confidering, thei:efore; the foveral events attending Jhe firl: fettlement of Jamaica,. it maJ be < reckoned a fortunate circumbnce, that, when, by the licentious and refral:ory proceedings of. many in the :army, the affairs of the colon y wore no very promifing afpet, and .J that. the buinefa of ; [y] Thurl. vol. IV. p. 6f2. 695. 4 plinting ,;

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J A M A I C A. [A O. 1660 planting did not proceed with that rapiclity fo confpicuous in other ilands, the privateering trade at length opened a channel, by ,vhich thefe diforderly fpirits were driven into an occup a tion per fel-ly well-fuited to them. In the acquifition of wealth to them felves, which they diffipated in riot and debauchery, they contri buted more largely than they were aware to the profperity of that iland, and the emolument of the mother-country. When Richard Cromwell treated with Bourdeaux, the French e1nbafador, in ref pelt to the conditions of a peace \-Vith Spain ; he was told, that the king of Spain \vould never confent to leave Ja maica in Englih hands, in regard it would in time overthrow all the n1axims by which he governed his American dominions ;" but would give a confiderable fum of money to England for it. Richard was too honefl:, perhaps, to encourage this propofal ; but it may ferve to hew the very great importance of this iland in the el:imation of the Spaniards, as threatening, while in Englih hands, to fubvert their projelt of an excluive monarchy in the Wel: lndies. Yet the Spaniards could lay claim to this i11and on no other pretence than that of ufurpation. They expelled, or put to death, ixty thoufand lndian inhabitants, to make room for about fifteen hundred Spaniards. Their whole number of inhabitants, including Negroe laves, were, at the time of the Englih invafion, computed only at three thoufand, of whom the laves were fup pofe
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B O O K I. C HA P. :XI. general and firm affent to tbeir claim could only have been tel:ified by a treaty admitting it in full effel:, and enfring perm.anently a quiet, peaceab1e poffeilion. No focli compal: having been ratified with Spain, the Englih and other frates, conteing the Spanih ufurpation in thefe feas, tbought themfelves at liberty to acquire fome hare of thofe lands which the Spaniards \vere unable either to people or to defend. Ev en according to the utmol: refinements of the civilians, if we grant that the firl: difcoverers of any country have the bel: right to pofiefs it; yet we mul: contend for this di ffinl:ion, that fuch a right is only legitimately conl:ituted in refpel: to countries found defert, or without inhabitants. But, as all thefe American lands, when difcovered by Columbus, were well-peopled with the Indian Aborigines, the Spaniards could not -derive a legitimate right from this fource. The crown of Spain, aware of this dil:inlion, never alledged it as material in their fa vour, but chofe' rather to found their claim on the Pope's donation; who, as God's vicar 011 earth, aferted a right to difpofe at pleafure of every acre of land on the globe [ z ~It is certain, that the Spaniards, by admitting the papal omnipotency in this cafe, have implied a right in the Pope to refume his grant t any time, and bel:ow thefe very territories upon the French, or others of his ca tholic valals; and that the claim of fuch new grantees would de rive additional ftrength from the very title fet up by the Spaniards themfelves; for the Roman pontiff conl:antly afferted an equa1 right to take away, pull clown, and del:roy, as to confer, build up, and fupport. And there is no doubt but that, if this donation were of any validity, the king of Spain would be equally well en titled to poifefs the kingdom of England; for that alfo was granted by the Pope, fidl to Philip of France, and afterwards to Philip of Spain ; who, to obtain it, equipped the formidable Annada. In this age, when the thunders of the Vatican are no longer capable of l:riking terror into Papil:s or Protelants, a claim of this nature [z] Noah, who hada better title in law, is faid by fome hilorians to h:tve executed a deed of bargain and fale foon after he carne ahore from the ark, and conveyed the \v hole world to his 1hree fons, /hare and lhare alike. But this deed no where appearing at prefrnt, unlefs it is pre ferve
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:290 J A M A I e A. is defervedly laughed at by both parties, The Englih therefore, unable to find any lawfol foun1ation for the claim of exclufive fo vereignty in America, and intending a war with Spain, or rather reprifals for various als of hol:ility and rapine, determined to l:rike fome blow in A1nerica, where the offences had been com:.. m, i tted. The capture of Jamaica was really no other than a de. nunciation of v. ar. In this fenfe it was underftood by the court of Spain, which immediat:ely fought revenge by confifcating all the Englih fhips and effets in the Spanih ports and falo r ies. 1have been furpr i zed, therefore, to find fome autho.rs arraigning the law flnefs and juftice of this al: of Cromwell, fin ce it feems to have .. cvery requifite ingredient appertaining to a lawful acquifion in war. Sorne, i n deed, have infifted wholly on the unlawfulnefs of co,mmitting hofiilities in America pending the peace in Europe; : but thefe wr i ters did not refle~, that no peace had ever in exprefs words refpecred .America by name; or, if a peace had been el:a. blihed there by implication of treaty in the like manner as in Europe, there is no doubt but the Englih nation, meditating a defenfive war againl: Spain for herinfral:ion of fucha treaty, might., ,. without any breach of the law of nations, declare it by hoftilities in America. Even if no general war had been intended againfi Spain, the feizure of Jamaica would have be en juftifred by the princip1es and pra&ice of the Spaniards themfelves, who had laid it clown. as a maxim, never to eontraB: fincere peace with the ; Englifh in America. In the reign of Charles I, and whilft a profound peace .: was obferved in Europe, they attacked St : Chriftopher, Nevis, ;. Pro~idence, S-anta Cruz, and fome other infular fettlements 01u which the Englifh had plan t ed then1felves. They murdered, or carried into lavery, moi1: of the fettlers; nor did the Englih e ver :, receive from the crown of Spain the leal: reparation for thefe out. -. rages. lt was -,not conil:ent with the fundamental policy of that-r court, that the Englih hould ever be admitted to a partici.. pation either of territory or trade in the W el:-Indies. There is no doubt but the Spaniards are fiill equally te n acious of thefe pretenions, and want not the ". will, but the po w er, to recover ; alL 1 they have lo{l. This

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1300K I. CHAP. XI. 'This reafon~ng will receive a confiderable elucidation from the following account, which Thurloe has given us, of the rife of this Wel:-India expedition. Speaking of the negotiations between Oliver Croni.we11, foo11 a:fter he was raifed to the protelorate, and the foreign miniilrs, he fays, in reference to the Spanih ambafador, Don AJonzo de Car
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J A M A 1 C A. things well fettled for the future. And mol: of the councir went the fame way ." As this happened in 16 5 3, and the fleet was not equipped until the latter end of. 16 54, we may reafonably prefume, that conferences .. were in the mean time renewed with Cardenas;; in hopes of working fome change in the Spanih determinations; but without : .rn y eff ecr '' So it was refolved to fond a fleet and lan.d:.forces into the W el: .. Indies, w here, it was taken for granted, the peace was alre--ady broken by the Spauiard, contrary to the former treatie~ ; aad : not to meddle with any thing in Europe tll the Spaniard hould '' begin, unlefs the AmerGan fleet hould be met with, which was. '-' looked upon as a lawful prize. The fleet was fent away to the \v.,. l:.:.Indi"es ; and a war fol.. "lowed thereupon between England and Spain [a]." Such is the circuml:antial detail which Thudoe (the bel: alithority) has given of this bufinefa. Does it not appear, from hence, thatthe Spaniards had broken the treaty of 16 30, as it was thf underl:ood ; had treated the Englih fubjel:-s in America as enemies, and interrupted thcir freedom of navigation L thali a reparation for thefe injuries was demauded, in form, of the Spanih ambaflador; ; and that, fo far fr01n making any, he-would hot even admit the right of free failing-, but avowed the maxims ot his .. court which 11ad produoed thefe injuries? Could any reafons be ,_. more jul:i:fica.,. tive than thefe for entering into a war., for obtaining redrefs, which eould be procured in no other way .? And would any previous for. n1ali~y be reafonably expeled in this cafe ? Civilians all hc1'1, that he who is already attacked (which was the cafe with the : Englih fettLed in America) need not declare war The l:ate of war was fufficiently -detennined by the open. hoflities of the Spaniards in thofe parts [bJ, and by the declarations of their ambaf fador, who a.nfwered in the name of his: mafiee. It appears forther, that Cromwell voted for a war, as cxpediei1t only in ca-fe fatisfa[tion were not giv.en for pa(l: damages, and fecu. rity for a folid amity in foture. This was furely a ju and ho-: nourable princ\ple, and highly bec01ning tlle nation. [b] Vide Burnet\ HiJl. vol.J. '. p. H9, Tlic

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' B-OOK I. CH A P. XI. The injuries fol:ained from the Spaniards, the crueltiee they exer cifed, and the Englih blood they hed in America, in contravem: tion of the treaty of I 03c, were then recent in the minds of every one : but now theyare obliterated by the dil:ance of time. Yet it cann0t be doubted, that thefe outrages wcre as jul:ly and as ge nerally refented at that period, as their later h<:>l:ilities were immediatel y befo re the war of r 7 39. The queftions of free failing ''" and colonizing in the Wel:-Indies" were the grounds of both \ thefe wars. The reafonings apply equally to both the[e events; : and Cromwell's war with Span appears as jufi and honourable (in a national view) as the war of George II. Nothing tberefore, I think, but the blindnefs of party-zeal, could have miled fome anthors to rnll this expedition piratical and lawlefs ; and others tol:.igmatize it as an unwarrantabl violation of treaty. So far from being repugnant to the principles of natHral equity ( as Mr. Hume afierts ), itfeems ., ma nifel:ly confil:ent with the laws of nature ancf nations, and tae rules of found policy : but of this let the reader difpaffionately form his own judgement; recollefting, that, from the treaty of Utrecht in -1713 to the year 1726, in the time orpeace, tae Spaniards captured or plundered no lefs than forty-feven of our hips in the Wel:.Indies, valued at 141,000/.; that, after figning the preliminaries of peace in 1727, and notwithfianding the : appareutly pacific difpofionof the Spanill co urt it=1 Europe, ar1d their fole mn engagements, their governors in the \Vel:-Iridies were inl:rul:ed to continue teir depredatory war; fo that ou-r me!l' of war were no fooner withdrawn from thofe feas, than or merchan~s began .to feel fever.ely the effels of the Spanih perfidy; and every hip from our colonie-s brought a freh fobjelt of complaint ot their robberies on our trade, and cruelties towards our failors The houfe of commons moved by thefe accounts, addrefied the king in :r 7 28, cl:firing he wo u ld be pleafed to endeavour, 1 fr, ,t(); ,, prevent fuch depredations; 2dly, to procure ju-l: and reafonable fa-. tisfal:ion for tbe fofos uHained; and, 3d]y, to fecure to bis fbjeB:s the free exercifo of sCommei:.ce and nav ig a tion to and fro m the Britih colonies in America; Thefe are exprefsly the very fame three points fo; whiGh s Oliv.er contend ed up\yards of feventy years. b efore;:..

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?94J A I'vI A i C A. After the unjLtl:ifiable fale of Dunkirk.to France in {662, 'tnH1J p-erfons were filled with apprehenfions, let the necefies of Charles ihould prompt bim to fell ] amaica to the .Spaniards. It is probable, that, as the court of Spain had offered a fom of rno r~y to Richard Cromwell for it, the king would gladly have ac cepted the like terms, .if he had not been refhained, on the one hand, by his clofe ,aUiance with Ftance againl: the Spanih interefi; .. apd, on the other, by bis dread of the parlia:ment; who hacl prcpared a bill for ann exing Dunkirk to the crown of England, at th~ very rtime when Charles negociated the fale of it; and highly refented the tranfaltion, alledg.ing, that, not havng been acquired by tlrn king's arms, he could have no right to fell it, whatever right he 1night have to rel:ore it by treaty, with the confent of parliament. ,. Charles rightly judged, that, f he hould proceed to the fale of Jamaic, the parliament would take care that the purchafe-n1oney hould not, as in the former c afe, defcend into his prvate coffers, but be appropriated to national ufo. The inhabitants of Jamaica were not without dread of a change; and feveral reafons were offered to hs majel:y's conideration, chiefly by Sir Thomas Lynch, why he hould keep, preforve, and fppott, th.at iland; among w hich the following were the mol: material. 1. That it is very extenive, and capabl~ of receiving great num bers of people. 2. It is feated in the heart of the Spanih American territorios; {o that the Spanih hips coming into the Wel:-Indies, and failing from port to port, either make fome part of this iland, or may be imrn.ediately met by the men of plying on this coal:; which proves it of great importance to us, inafmuch as it lies fo convenient 'for annoying and dil:re:ling the Spaniards in time of war. 3. Jamaica is found to precede all the Englih plantations in America in the very cor,nmodities that are proper to their feveral colonies; and is alfo dil:inguihed from them by its producing cacao, hides, tortoife-hell, rriahogany, dyitig-woods, gLHns, fpices, drngs, &c. frnits, fowl, and fh; an infinite l:ore; many of '\vhich are unknown to the others; likewifo fi.1ch an abundance of hog s e ep, horlcs, and horned catt1e, that none other of the ri:nglih vVel:-India ilands can equal it. And as rhis iland i s 1 thus

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B o o K I. e HA P. xr. 29 5 thus advantageous in furnihing foch various commodities; fo it is no lefs proStable in taking off and confoming the manufal:ures of England 4. lts extent and fertility make it capable of receiving all thofe planters w ho, by the wearing out of lands and wnl:e of woods, are forced to \,

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J 'A 1\1 A I C A., cr.chr.ngc for the Dutch provincc of New York. Threc Er:gfi'h. c(;mmifoncrs, Mcf. Cranfield, Duckenfield, and Brent, were fent ovcr to execute th:s treaty, and remove the Englih fubjects, with JLc. l'o..J-'t t thcir effefts. The evacu ation was according 1 y performed in the following year; and the Engliih planters, in number about twelve hundred, including Negroes, conduted to Jamaica, where thc.y wcre graciouly received by lord Vaughan, the then governor, agrecably to the inhuions given him; and fettled on a trat. of 1nud in the parih of Sr. Elizabeth, :Gnce called Surinam Quarters. The addition of fo many induhious men was unquel:ionably of very great fervice to the iland; but the foil allotted for them was by no means equivalent to that which they had been obliged to re;,,. l'"'J' -b -i f' fign at Surinam. Another body of ufeful planters was gained in 1699. The jealoufy, excited in England by the trading part of the natiou, and particularly the Eal:-India company, againH the Scotch projel: of colonizing on the il:hmus of Darien, had fo in fluenced the miniftry of William lII, that methods, neither hu mane nor very honourable, were pral:ifed, in order to obl:rut it. The Scotch tranfplanted thither had been reduced to great dihefs, for want of proviion and -other neceifaries, and drew their fup p1ies chiefly from Jamaica and New York. But a l:op was put to this fupport by the following proclamation, which the governor, =ir William Beel:on, was direl:ed to ifoe: Whereas I have received orders from his majel:y, by the right ~, honourable James Vernon, one of the principal fecretaries of '"' fiate, importing, that his majefiy was not informed of the inten tions and deGgns of the Scotch in peopling Darien, which is contrary to the peace between his majel:y and his allics; and commauding me not to afford them any alil:ance : in compli anee therewith, in his majefiy's name, ancl by his order, I do hil:ly charge and require all and evei>y his majel:y's fubjets, '-' that, upon no pretence whatfoever, they hold any correfpondence with the Scots aforefa~d; nor give them any alifbmce with arms, '' ammunition, proviion, or any thing whatfoever, either by them felves, or any other for them ; nor ailil: them with any of their "' hipping, or of the Englih nation's; upon pain of his majel:y's difi1leafure,

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CHAP. XI. difpleafur, an.d of fuffering the feverel: punihment. Given, &c. 9th J\ pril, i 699." Surely, this was little !hort of a declaration of war; it differs only in that it rt from their own nation, had till now de pended on the Englih colonies for a continuation of amicable help and intercourfe; and, on being denied any further aHil::ance from Jamaica a.nd New York, to which they had fent tor freh fupplies, they were driven to the utmol: extremity of want, and compelled to abandon their fettlement on the 20th of J une, 1699. Scarcely one hundred of them got back to Scotland ; a few perihed by the hands of the Span1ards; the rel: of the furvivors, embarking in two hips, betook themfelves for refuge to Jamaica; even here, although their dil:reffes by famine and icknefs were well k11own~ ; yet the terms of, ~he proclamaVon \~ere t rigorous, that they w e r e obliged to gain a lodg e 111ent on hore fword~in hand : but they were foon difper fe d i'1: to 1 v~rious employments, and .. by their indu l. ry acquired in procef ~ of time very coni derable efiates, which are now enjoyed by their worthy de fcendents. The Affiento and prvate ~ontrals with the Spa niards were other fources of population; for, w,hen the town of Kingl:on, by means of this commerce, became th~ great ma gazine for fupplying Bririh manufal:ures to the Spaniai:ds, number Jefs merchants, falors, and traders, were attrat1:ed by the gainful VoL. I. Q q plan \

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J A 1\1 A I C A. plan pf buinefi which then opened to view; and many of them laid out the profits of commerce in fcttling or purchafing fugar efiates in thi-s iland. The two remarkable ep0chs of I 7 r 5 and 1 745 were attende
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B O O K I. CHAP. XI. after the Rel:oratiop of Charles II, it grew the refort of a multi tude of adventurers, compofed of different ranks and degrees of rnen. Sorne were men of fortune aud enterprize, allur e d by an exp e tation of finding gold and fver mines; others, g e ntl e men of d e cayed eil:ates, loyalifis, and parliamentarian s who, having wal:ed or forfeited their patrimonies during the late Civil vVar, had a profpel: of retrieving them in an ifland, of whofe valuable pro_
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300 JA MAICA~ by tnis time, recovered from their former loffes. They had growIY, by a cefation of what they callee! our pira-tical hol:ilities, in.to a ., fiate of vigour and opulence~ Bythe v.ery pacific difpofition of the Biiti!h court, they wern animated with a degree of fpirit which they had never felt befare; nor was it long ere they exhibited fome p~oofs of it in a feries of .infolence, mixed withrancorous and wanton als of barbarity, ex ... ercifed upon our cotrntrymen, and wlich they have in a greater or Jefs degree, u pon every fuitable occafion, perfovernd in manifening to the prefent time. It is to the BL1caniers that we owe the pofiHfion of Jamaica at this hour. The Spaniards had never ceafed frorn their inclinatioru to regai it; an
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B O O K I. c H A P. XL 301 : a:mong them with an / undferved opprnbrium; condering the many wonderfol and gallant actions they perforrned, the em111ent forvices they effeted ~ for the nation, the riches they acquir e d to their country; and the folid el:ablifhment they g a ve to fo valuabl e a colony. Sir Henry Morgan, whofe : atchievements are well known; was eq~1al to any tbe mol: renowned vvarriors of hil:orical fame, in valour, condul:, and foccefs: but this gentleman has been unhappily confounded with the piratical herd; altbough it is certain, that be conantly failed 'trnder a regolr cofnmiHion, was equipped for bis expedition againl: M~racaibo by the governor of Jamaica, and was applm1ded an-d ; re\~arded for his conquels by the ruling powers bot-h in that ifland and in EngE1nd: When the Spaniards / '. i thefeJeas were fo dil:~efied in therr fettlements and navigation : thattheywere almol: humbled into defpair, and, their ambafador 7' at our court having prefented feveral memorials, it was thoughL advifeable by government to put a l:op to this Wefi:-Indiar1 war by a treaty of peace, and rigorous orders; Sir Henry immediately defed; and, after the redutl:ion of Pan ama ll' February I 67 r (the treaty not having then reached America), he ; undertook no, forther enterprize; This gallant man; having hea~hed his vi8.:orious f word; re:. tired into the peaceable walk of civillife; in which he was equally eminent for his good fefe and noble deportment. But, after being raifed, on the fole recom1nendation of his many great qualities, to the hnrrour of knighthood, and to the highel: l:ationin the ifl:a~1d, befell a facrifice at length to the vengeful intrigues of the Spanih court, an;d the pufillanimity of Englih government; as Sir W-alter Ra1eigh had done hefore him He was, u pon a letter from the fecretaef of fiate, fent into England -as a prifrJner; and, .. without being charged with any crim.e, or ever brought to a hearing, forcibly kept there three years at his own great expenGe, to the ruin of his fortnne and his health, which was wal:ed under tbe oppreffion of a court fal:ion, and a 1ingering confumption, caufed by the tr.oubles in.fl:e
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, ,.,a~ ., ;) J A M A I e A. jn pu rfuance : of Spanih remonl:rances, a ham re-c,111 was fent to Sir Thomas Lynch, who was orde1:ed home prifoner, to anfwer for t11e : comrniilions he had ifoed; yet, fo far from being -punifed for w hat he had done, he was ~ppointed afterwards, a fecond : time, go 1 :emor of th.e ihwd, .and 1 n tbe very fame king' s reign : fo variable is the fbte weather--aock It appears, mory-over, that : Sir Henry was no foon.er ,.,vefid with the government after lord \ Carlifle's departure, tha:n he promoted, and in r 68 r gave afient to, an al: o( afiembly, "'.for rehaining privateers." The aB: l:ates, .in the preambl e, ~, t'hat all articles concluded, and all treaties of ,, pea ce agreed u pon, w ith foreign fiates, hou-Id be inviolably '-' kept." ]]s alludes to the treaty jul: concluded with Spain; and urely is the fentiment of a man of honour and a good citizen~ ;110t uf a pirate. It fets forth, that '' fever al Englih fubjel:s had deferted into the fervice of foreign powers, and failed under their commiilion And it enats, that any fubjet belonging to 1 the iland, who hould ferve in an hol:ile manner in America, -'' under any foreign prince, ftate, or potentate, hould be deerned '" a felon, and u pon convition fuff-er death." This at is fiill un sepealed~ and remains a monument to vindicate this gentleman Jrom the charge of piracy. He was, on the contrary, extremely ; ative in fpprefng all thofe unlicenfed rovers wi10 were the real pirates, and fiill followed the trade of plundering frien~ and foe; until, by his vigorous meafures, many were feized and hanged, rmd the reft entirely unharboured from J amaic,21., and driven for felter to Hifpaniola [ d} ~nd Providence .. I have (d) They fett1ed in 1 688 on the North-wel: part of that i!1anc1, and occupied the port an,. town of Petit-Guava. Afrer fome years continuance there, they fll retained fo much attachmenc. d"or thP-ir mother-country, that they folicited William III. for his proteE!:ion, tcndering their faithful llegiance and dutiful fobmiffion to the crown ot" England. But t1'tat monarch, being then in alliance wirh Spain agai~fr France, mol: unfortunately difregarded their application. \Vherc np@n they thought themfelves at liberty to make their addrefa to the French \'lourt ; which t-ea tlily took them under protetion, and fornifed them with ev e1y proper affrance, From thi s obfcure and fingular beginning has gradually arifen t~ prefent powerful French colony, extending .;ver the be part of that fin iland, the pofelion of which has been confirmetl to them by the Spaniards, from whom they are fupplied with bullion and other artides of commerce. So that~ by thefe meam, added to the many wife 1:egulations prefcribed for them, low dutics, a free trade to t:he Mediterranean ports, and extcnfive vent of their produce among foreigners, they are hecome :v~ry formi
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BOO K r. e H A P. XI. r have enlarged u pon this head, for the fake of doing fome jul:ice t o a worthy chara:ter, and retrieving it from thc prejudice it ha s received by being grouped with Teache; alias Black-beard, and other lawlefs banditti, by the lcarned compilers of their hernie deeds. T he Spaniards, for ma11y yea rs, wmild not contrat: a peace with the Englih in America, after the latter firl: began to makc fettlernents there. The Englih therefore, w hen they bad pofeffecl themfelves of Jamaica betook themfelves to privateering, ,.vith no other defign at firf 1 than, by a ; continual annoyace of their coal:s, and the capture of their tracling velels, to force them into a peace, -. wI-iich was not likeJy to be. obtained by any other means. This buGnefs proved fuccefafol to tbe-m beyond : their utn1ol: expel:ation ; .. and brought tbis ifbnd into fo 1nuch el:eem > at home, that copious fupplics of proviGon, arms, and other neoelhries, \vere i11i1antly font ; \vhich contribut~d greatly to promote thofe expeditions. Be~ fore the fv er: lreams were fet a .. g9ing' from Port Royal, tbe anny laboured here under the feverel: difcouragements poffible ; fuch as, want of pay, of prov iions, cloathing, and recruits. Yet; under d1efe harcHhLps, and the implacable rnalice of their Spaih. ene mies, they patiently and bravely fupported themfelve~, till at length they found out a method of gaining v;rith the point of their fword thofe aids and refources which Englaud refofecl them in was owing,. doul:"tlefs, to the ptlculiar jundure of the affai rs and poli tics in Europe, and an atten t i on to preferv-e the balance of power there again11 Louis XIV, tha-t the Britif miniihflet flip the favourable moment for getting pofie/Eon of that noble ifiand : and it was not forefeen ar the time, that the French would profit fo much by our error, and turn their ative fpirit from war to col01zation Britain grew 1 powerful and great, without feeming to know by what means. The F-rench p,erceived the 0 trne foLJrce of our gre a tnefs, and from that moment bent their thoughts to colonize in the vVefl.fodies; which meafure, prudently conduted, has laid the foundatio~ of their fobfeqL1ent competitions with us, in tr:.de, manufollures, and : maritime prowefs. From the friendly intercourie which has fubtii1:ed between the French and Spanianls ever lince the ratifiat ; ion of the Bourbcm cornpact; it is more than prob a ble that by' degrees they will ex change their antient auirnofities ~or a mutual. courfe of amity, and become in~(Wporatecl as one people, fo as to fal eafily under fubj e ftion to rhe French 111 0 1urchy. How fatnl the neighbourliood of fo potent an alliance may grow, in time, to the int e re of omfettlement::, which do nsit thri ve in a proportionate degree, may jufy be appre h ended Yet this an l furni h a yearly quota in .aiti -0f land-ta;,; towards, thc Brit.iJh re,,enues their

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I 304 :J A M A I C A. t h eir adverfity. It was the Spanifh treafure that procured them the f r iendly protel:ion of govc:rnment at home. Hence is evident, not only the fat that England encou_raged their private t ring, but the reafon of giving that encom~agcment. How ill then d oe s it become our writers to tyle thee people pirates, ince, not only i n this rep.ect, but in others, they differed efientially from the dilin guihing charater of pirates, who are rightly defined, hqflas humatii genens, rover.s, who levy war upon mankind, and ,, pl-u-nder all na tions indifcriminately \Vhereas the Bucaniers (I fpeak of thofe precediog the treaty with Spain) attacked only ther declared ene mies, the Spaniards, wlw had done their utmol: to extirp:.1te the E1:iglih -from this and all the other ilands in the vVel:-Indies. The proceedings of govcrnment againl: them were highly infa mous and 1nean. When ir Thomas Lynch was appointed go ~ernor in 16 7 1, he \Vas direted to publifh the treaty then con .cluded with Spain within eight months, to be computed from the 10th of Otober, 16.70, .viz. betwcen that time ami the 10th of J une, 1671 ; and, at the time of foch publication, to revoke all commilions, and letters of reprizal or marque, that had been granted to privateers. He was further inlruted to endeavour, by every means, to prevail on the captains, officers, and feamen, be longiug to thefe vefels, to .apply themfelves to planting, or to mer chandize ; and, by way of greater inducement, thirty-five acres of 'land were to be aligned to ali thofe who might be willing to plant; and, for the rel:, they were allowed to trade freely in their vefels, as if they were Englih-built, or admitted to ferve on board any of bis majel:y's hips of war. Lal:ly, he was ordered to proclaim a general :pardon and indemnity for all crimes and offences com mitted by them fince the month of J une, 1660, and previous to the notification of the treaty of peace." This was .intended as a lure to engage them all to come into port with their effets ; where the fame governor ,, as direted to take from them the tenths and fifteenths of their booty, which the crown had referved for its own hare, as the condition of granting (, 'l' them commiffions. Thus it appears, beyond doubt, that govern ment deri v ed an emolument fro1n the privateers, and that the latter had fa i led under regular authority. But the condul: of our court feems

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BOK 'f l. CH A P. : XI. .. ie e n1 s iuco'nfii1ent, in thus proclaiming a p::1rdon foe the <;rime of rfling the Spaniards, and at the fome time becoming itfelf a par ticeps criminis, by exating a hare of the plunder. If there was any guilt, either in at:ing under foch com1nifons, or in the de predation carried on by the privateers agairil: the Spanih fettle ments, the government, which empowered them and part ook of the fpoil, was certainly the more culpable of the two. The current of wealth which had diffufed itfelf throughout this iland enabled the inhabitants to fubfil: without the eleemofynary grants of the mother-country. They foon became able to fettle a revenue by an impol: on fpirituous liquors; a nd this, together wifh a g~neral cefs or poll-tax levied occafionally, was a fund to fopport their government; fo that, from the time that it was firl: el:ablihed in a regular form, no colony within the Britih dominion has col: the nation lefs for maintenance and protet:ion., on a fair balance of account. Having frquently made mention of the famous American treaty r atifi e d with Spain in the year 1670, it may not be unacceptable to l: ate the principal covenants in t, with fome few remarks. By articles 1. and 2. it is agreed, that there hall be an univedal p ea ce, and a true and incere friendhip in Ameri ca, between the t wo n a tions. 3 and 4. That all enmities and hoftilities, &c. hall hencefortb ,c eafe between the two kings and their fubjet:s; and for : this end both fides are to forbear all afts of violence, and to call in all com .... mifons, letters of marque, &c. and declare them null and void. Prifoners on both fides,
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30~ J A M A I C A. 9. The fobjells, merchants, captains, mal:ers, and mariners,. of each ally repell:ively, hall forbear and abl:ain from failing to, and trafficking in, the ports and havens that have fortificati ons or magazines, and in all other places poffefied by either party in the Wefi-Indies. r 5. And it is always to be underl:ood, that the freedom of na vigation ought by no manncr of means to be interrupted, when there is nothing committed contrary to the true fenfe and meaning of thefe articles. By the 3d and 4th articles of this treaty it appears, in confirma tion of what has before been repeatedly urged, that both the Spa niards and Englih were engaged in an open American war before the treaty took place, in virtue and under authority of commiffions, letters of marque, &c. granted by the refpell:ive governments; and that the Jamaica privateers are here conidered by both governments as having aled under legitimate authority. Hence, in the 6th article, the treaty provides for the rendition of prifoners of war, taken by either party in their conflils. That the injuries, lofles, and hol:ilities, had been reciprocal, is implied in the 7th artide. By the 8th article, the poffeffion of the following places, viz: Jamaica; the Ca y mana iles; the dry and falt Tortugas; the Logwood Creeks, in the hay of Campeachy; the iland of Sanl:a Catalina; near the Mufquito hore; Ile Vache, off the Wel: coal: of Hifpaniola ; and Providence, among the Bah ama~ ( all of which were held by the Engli{h at the time this treaty was figned) ; is tually conceded, although our claim to all of them has not been maintained by a confiant occupancy. In refpel to the 9th article it mufi be allowed, that the Spanih. government hath a right to exclude Englih fubjell:s from trading to fuch of their ports and places as are inhabited and fettled by Spaniards ; but no pretence is implied under this artide to in terrupt the freedom of our trade with other places not fo inhabited, and that are occupied by native lndians, who own no fubjetion whatever, either by force of conq~efr, or any other colourable claim, to the Spani!h. crown. But,

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BOOK I. CH A P. XI. But, in the nature of things, that government can no more put an abfolute l:op to ali interloping traffic with foreign fubjeh, than Englan
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r J A -. M : A I C Pi:. nation, to trow ourfelves under the circumfcriptions of their po..;,. .. ]icy; and :_ it is clearly the very quinteffence of folly in us, to afft them inoblruB:ing the. .: free current of any beneficia! comme rce we enJoy; It was a hrewd remark ~ of the Spanih governorof St. Do1ning01, Dn Manuel Azlor, during the lal: war with France. At that time the Spanih vefiefa were not allowed to trade with the French ; but a loop, hav-ing; contrary to her regifl:er, 0 deviated to a Frenc11 p9rt, and there received a loading of F'rench produce, was. after;. wards intercepted by one of our cruizers, _a1c1d carried into Jama i ca far condemnatron. The Spa nih governor im1nediatdy fent to re claim her-; :infling, that; the Spanih commerce .in the ,, Wel:-In dies being rel:rained by their law to the fubjeB:s of, the khrg of i:: Spain, all their -veflels, wh ich hd regifters to hew that they were difpatched from a Spanih port; ought to navigate freely~ and not be fiopped under pretence of fearch ; hut their,, lading hould be fuffei;ed to p afr ui1:touched, even though belonging to the French. ,"' If our veflels added he) carried French effefls ;,: to the Britih .. pqrts, or to their li'ips, I hould 1 110t oppofe. theii: being feized, and t-he effels confifcated, if the crews and -. veffols were returned to us, as : being Spanih, that we might chafiize our own fo bjebs for tr~nfgreffion of our laws. But the hips of bis Britannic majefiy. : are mot guarda-coa,s of the kg of: Spain; nor ought u ,. they to watch his vefels, if they enter : into aw illicit trade ~ it belongs tome; ancl others the. ref peHi ve governors of the king my mafier, to prohibit it, to ~ guard again.ft and to -punih ; it, as u ~ we doupon aU occaf1.o:ns. And th~ bad ue which any Spaniard 4 rnay make of ,; his licences and ~r pafip.orts cannot give a right, nor '" legal authority, to fobjel:s of your natioia, tofeize and carry them u into your ports, and commenee proceife:s againfl them ; by which tshey are rl:lined, even w-en ~ the c,aufe is-
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BOtOK I. CH A P. XII. C H A P. XII. Dpendences ef Jama i ca (JO ME of my readers, I fear, wiH thik me rather toO'digrefu five; but, as things an& places, nearly conneted with the in terel:s of Jamaica, ought not to be left unnoticed, I mul: beg lea ve, befo~e I enter particularly into an account of that iland, to fay fomething of its feveral depe7:1dencies. And firl: of, s E C 1 T l. ~ Tli C A Y M 'A N A S. THESF> are three fmall iflands, 'fituated in abot' latitude i9 ,, 20F : N. The largel: is called Grand Ca y man; the next in ize, Cajman Braque; and the third, Little Cayman~ .. They lie at 30 to i 40 leagues dil:ance, N. N. W. from Point Negril,on the Wel: : end of Jamaica, the Grand Cayman being the moft remote. The firft -account we have of them is, that Coiumbus fell in with ttefe iflands on hi:; rturn from Porto-Bello.to Mifpaniola.. 1 .I-Ie. obferved, that they were covered with turtle, which fwarmed alfo on thei:r coal: i n foch 1nuhitudes as to look like ridges of rocks; for which reafon he called them Las Tortugas, 0r the turtles. They were never occupied by the Spaniards ; but, -after other, : Eu r.opean -advent.urers found the way into America, they .. became: : t much freq\i1ented by rovers of different nations; and chiefly by the : French, for the fake of their turtle. Thefe animals, comingfrotn the gulpli of Honduras, bay of t1exico, and the adjacent coal:s of terra firma, rendevouzed here at a certain -time of the year, in brder to lay their eggs in the fand. At fuch fcafom (el the fifh~r [, ] J t ine, July, Augul-, l,!ncJ-Brptembcr, Hl;'ll.

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310 J A M A I e A. men came hither to catch the~n, and were fore of returning with full-loaded vefiels. In 16 5 5, when Jamaica was fubdued by the Engli{h, they were fiill uninhabited. Admiral Penn, whofe fleet was in great want of provifions, having intelligence that fome Frenchmen were em ployed there in the fihery, difpatched three of his hips, with orders to feize them and their cargoes; but, befare thefe hips arrived at the Caymanas, the French were gone; fo that they caught only a very few turtle, which they falted, and carried to the admira}. After this, it ,vas the conl:ant ufage for Goodfon, Sedgewick, and other commanders on the Jamaica fiation, to fend vitualers to thefe iles, for the like fupply. We are not informed at what time precifely the Great Cayman bega.n to be inhabited; but it is allowed on aU hands to have been firl: inhabited by the Englih. Brayne inentions, that he fixed a gov ernor in an iland which he calls Tortuda ; but it is not dear, whether he 1neans one of thefe ilands, or one of that name fituated about ten leagues N. E. from Cape Nicola, in Hifpaniola, or the Dry Tortugas, in the gulph of Mexico, ceded to Great-Britain by the treaty of U trecht [JJ. This, however, is not very material; for the redution of J am~lica necefarily extended the Englih do minion over thefe little pots, at fo fmall a dil:ance from it. The pofieilion and enjoyment of the fhery followed that conquel:; .md, having continued to us ever ince, without the participation of any foreigners in thefe feas, they are rightly deemed original dpendencies of Jamaica, from whence the Grand Cayman was 1 peopled ., The inl:inl which direl:s the turtle to find thefe ilands, and to make this annual vifitation with fo much regularity, is tru]y wonderful. The greater part of th~m emigrate from the gulph [/] It probably was the Tortuga, or Tortua (the fecond-mentioned), which lies off Port Paix, on the North part of Hifpaniola, and was much reforted to by the Bucaniers after they were driven from Jamaica. It is many miles in circumference, and has a fafe harbour on the \Vel:ern fide, call ed L e Port, w hich is difficult of accefs.' What l:rengthens this conjedure is, the petition which, in the year 1660, was prefented to the council of itate by captain Gregory Butler (one of the crnmiHioners fen.t with Penn and Venables in 1655); who, after pleading bis loles and dif burfements in that fervice, reque11s a commiilion for the g~vernment of Tortuga, on the "Nonh-wel part of Hifp~p-i-ola, with authority to depute and grant commilfions t omen of war a 9" ainil: the enemies of the l:ate," o

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B O O K I. CHAP. XI. 3 l I of Honduras, at the dilance of one hundred and fifty Jeagues; and, without the aid of chart or compafs, perform this tediou s navigation with an accuracy foperior to the bel: efforts of human ikill; infomuch that it is affirmed, that veffeJs, which have Jol: their latitude in hazy weather, have fteered entirely by the noife which thefe creatures make in fwimming, to attain the Caym,ana ifles. The females are faid to lay no lefs than nine hundred eggs; which circuml:ance, if true, may account for the conl:ant amazing multiplication of their fpecies in thefe feas. \Vhen the feafon for hatching is pal:, they withdraw to the hores of Cuba, and other large ilands in the neighbourhood; where they recrit, and. in about the fpace of a month acquire that delicious fat for which they are fo much in el:eem. In thefe amrnal peregrinations acrofs. the ocean they refemble the herring hoals: whicb, by an equally providential agency, are guided every year to the European feas, ; and become the exhauHlefs fource of profit to the Britiili empire. The hore of the Caymanas, being very low and fandy, is perfeUy well adapted to receive and batch their eggs ; and the rich marine pal:ures around the larger ilands aftord a fufficient plenty of nourihing herbage, to repair th~ v1aHe \\ hich they necefarily have Hndergone. Thus the inhabitants of all tbee ilands are, by the gracious difpenfation of the Almighty, benefi tcd in theiir tu rn ; fo that, when the fruits of the earth are deficient, an ample fuf tenance may fiill be drawn from this ncver-failing refou_rce of turtle, ar their egg s, conduB:ed annually as it were into their very hands. Cayman Braque., and Little C\lym.an, lie within about four or five miles of each other, and about fourteen leagues dilant N. fr01n Grand Cayman. They are geuera!ly feen by navigators, who. rnake their voyage homewards fr01n Jamziica through the guli)h of Florida, pailing either to the N. ar S. of them; aud fometimes coming to an anchor at Cayman Braque'} from which they take a de .. parture for the ile of Pines, or Cape ~rientes. Of thefe ilands, tbe Grand Cayn1an is the on1y one conlantly inhabited. The Lrnd is fo lmv, that, four or five leagues off, it cannot be feen from a hip's quart e r-deck; but is generally.known by the trees u pon ir, which a r e l o fty, and ap p ear at that diftance 5 li~

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312 J A : M ,-,: A I C ::A. }ike a t::trove of mal:s emergieg out -0f the ocean. This ilad. ~ is D about one rriile and a hnlf ..in. leng-th, a!-1d about one mile in breadth. It has no h'rbour for vel.el s of bu-rtl=ien ; but the' anchorage on its S. W; coal: sis moderatly gooc. On the othet, or N.E. fide, it is forti6ed with reefs, of rocks, between. which, and the fnore, in : Jmooth water, the inhabita n ts have their craals [ g] for keeping ,_ turte. The prefont r ace of inh:1 b it an-ts. a re faid ,to be defcendents fron--1 the Englih Bu ca ni e r s; and i n all amount to about one hundred -and fi.xty, whit e ;-nen \vo n1 e n ancl children. Altho:Ugh the ii1and is an a pp e nage f Jamaica, and fo underl:ood by the law of 1-11, -vv hich enaecs, '~ that no perfou hall del:roy a11y turtle H eg gs u pon any iland or quays bel0nging to Jamaica;" the people 1.1 p 011''" it have never been an objel of the legiflature of that colon y: t they .have a d1ief, or governor, of thtr own choofing, ai1d regula 1:ions of their own framing ; they have fome jufl:ices of the peace oamong' thei:n, appoi~1ted by commiffion from the governor of ja 1naica ; and live vety happily, without -fcarcely any fo-rm of civil : government. Their poverty and fmallnefs of number fecure them effer:hially from thofe animoGties that dil:urb the peace of larger ;"' ocieties; yet they are not without a fenfe of decorum in their ; 1.nanner of living. Their tranquillity depends muth on a due pre1 fervation of good order. Their governor and magil:rates decide any matter of conttoverfy ,, riing among them, without appeaJ. Their Jingle men and women, who intend cohabiting together~ for ;; the mofl: pt, take a voyage to Jamaica, which is only a hort and ~greeable tour on the water, get themfelves married with proper lolemnity,
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BOOK L CH A P. Xtf. Jnhabitants are abl to breed hogs and poultry more than fu ffic i ent for their mvn ufe. The fugar canes planted here are remar k ably fine; which hews the land well adapted to the cult ivation of tha t plant; but as yet no fugar-work has been erefted ; the canes are either ufecl in fattening theit hogs, or cliflling a fpirit of the in,. fcrior fort. As the whole iland
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J A M A I C A. and, by exciting a {i;i"tit of indul:ry in the cultivation of new ma terials, encourage the population of it, and promote a further con fomption of Briti!h goods. S E C T. II. lvlofquito Shore. T HA T part of the South-American continent, included in what is called by the Spaniards Col:a Rica, and occupied by the Mofquito and other Indians in alliance with, or fubjet to, the crown of Great-Britain, extends from Cape Gracias a Dios South crly to Punta Gorda, and St. Jua~1's river; N.W. and Wel:erly, to Romain river; and South-Eal:erly beyond Boco del Toro to Coclee, or Cocoli_, near the river Chagre and Portobello. Be tween Cape Gracias a Dios ancl the Golfo Dolce, the Spaniards have ,~ Qe fortrefs at Omoa; where there is a good harbour, in whicli:l'-a guarda cofia within thefe few years has been generally fiationed. The territory belonging to the Mofquito Indians (pro perly fo called) extends from St. Jun' s river, a little to the Southward of Punta Gorda, to Cape Honduras, or, as the Spa niards call it, Punta Gal:illo, running about five hundred miles or upwards uninterrupted by any Spanifh fettlement. The Nicaragua lake, which is faid to be more than two liundred miles i length, and fixty in breadtb, fupplies the river St. Juan to the Eal:, and the river 1\,eale~eo and Leon to the South-wefr. The river St. Juan is near ninety miles fo length, and has feveral falls or cataras, and hoals, which render the paffage through jr to or from the lake extremely difficult: it is, however, effeed by tbe Indians, who are expert in this kind of navigation. The 1.1fal method with tra
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B O O K I. C H A P. XII. from the lake to cities of thofe names, are only navigable by finalt craft. But the water-carriage from it to the Southern or Pacific oceaa is no more than twelve miles. On the oppoite fide it difembogt1es by three mouths into the North or Carribean fea. At the entrance into it, and on the South-weft point, where it is about two mil e s acrofa from bank to bank, the Spaniards have their cafile of St. Juan, for commanding the channel up the river, and preventing accefs into the lake. It is built upon a rock of eafy afcent, furrounded with a dry ditch, near ix feet deep, and the height from the bottom of the ditch to the top of tbe wall is about fixteen. lt is mounted with eighteen brafs and fe\'en iron can non, from eight to eighteen ponnders; :md the garrifon generally confifts of one hundred men. The North fide of the lake forms the boundary to the Mofquito hore, the Spaniards not daring to crofs over to the free Indians inhabiting on that fide, who are fiill able to afert their liberty againfi thofe pretended co nquerors of the other parts of this extenfive continent.In the year 1671, body of the buccaniers, having taken Panama on the South Sea, rnarched from thence to the lake, plundering the cities of Grenada, Leon, Realejeo, and others, in their way ; but, being hard preied by the Spaniards, they. retreated down by the river W anks or \V allis to Cape Gracias a Dios, where they met with a moft hofpitable re ception from the Mofquito lndians, among whom many of thefe ro vers remained, and taught them the ufe of fire-arms, at which they are now become remarkably expert. The Nicaragua has a flux and reflux like the fea, and abounds with a great variety of excellent fih. The Spaniards have been cautious of remedying the natural impediments which oblruB: the navigation from it to the N orth Sea, left their enemies might be invited to pene trate by this way into their rich provinces of Nicaragua. For this rea fon, the governor of fort St. Juan has firia orders not to permit any Britih fubjet: to pafs either to or from it; for the Spani:.1rds fay, tbat, if once the Englih come to gain a thorough know]edge of the great value and importance of it, they will foon make themfelves mafters of the interior parts of the country. The Spanih government, therefore, have been extreme]y attentive to guard every communirntion with it, knowing the facility of carrying on a very large and profitable traffic with the Indians, and others under their-jurifdil:ion, or inhabiting in VoL. I. S f 2 the

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J A M A I C A. the neighbourhood. everthelefs, both tbe Spanih and Indian inha bitants fpare no pains to encounter every rifque, and travel a prodi gious ditance, to meet the traders; by whom they are fupplied with fuch necdfaris and marnfattures, as they could not otherwife procure, except at the mofi exorbitant rates. This fully points out the ,,afi: advantages of extending our in'.tercourfo, by means of thefe friend]y ln dians, to the confines of the Nicaragua bke, which opens to us a mol: luc_rative trade, in which we can have no rival, and from which all the power of Spain cannot exclude us, fecured as it would be by the na tural barriers of the 'country, and the fupport of fo numerons a body of the native Indians, who are implacable enemies to the Spaniards, and fa~ "1llies to the Englih~ The Mofquito territory is defended every way on the land-fide by mountains and rnorafes. The Indians here are faid to have from fix to feven thoufand fighting men; fo that the whole number poffibly amounts to between twenty and thirty thoufand, including a variety of tribes who pafs under the general name of Mofquitos [a]. There are other difiinB: tribes alfo bordering on their country; who, we are told, are no lefs difpofed to cultivate the friendhip of the Englih The 1\!Iofquitos, a great man y years ago (fome fay a hundred), put themfelves voluntarily under protetion of the crown of Great Britain. vVhen the duke of Albemarle was go vernor of Jamaica, in I 687, their king received a commiffion from him, under the broad feal of the iland. On the death of their mo narch, the next heir repairs to Jamaica, with a few principal men, to certify bis claim ; and he is then inveled with a commiffion to be king of the Mofquitos: until this is obtained, he is not acknowledged by bis 1ubjels; fo dependent do they hold themfelves on the Britih govern ment. When thefe inaugurations happen, it is ufmil for the go vernor to befiow fome prefent on the new fovereign, and a few trifles on bis attendants; to which his majefiy always makes fome return. This cul:om is extremely politic on our fide, and ferves to promotc a mutual exchange of civility and good offices; which may firengthen their rar tial attachment towards the Englih. [a] Among them is a ynixed race, called Samboes> fuppofed to derive their origin from a Guiney fui p; which, tradition fays, was wrecked 011 th coal: above a centnry ago; certain it is, that their hair, complexion, features, and make, clearly dencte an African anceihy; from whom they have dfo inhe.l'it ed fome of the true charal:eril:ics of the African mind; for they are generally falfe, de ti,nin~, treacher ous, knavifh, im1mdent, and ~eveng~fol. The(e

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B O O K I. CH A P. XIL 317 Thefe Indians were never in any manner fubjea to the Spa niards; but have bravely maintained the1r independence, and keep alive an inveterate abhorrence of them, by recitin g at their public councils and meetings, examples of the horrid cruelty pra:tifed upon their brethren of the continent. The Englih frecbooters and privateers, who in the year 16 30 found it convenient to harbour in the rivers and among the ilands on this coal:, were rea dily afl:ecl by thefe Indians in their ex-peditions both by fra and ]a1d; and from this early league againl: the Spaniards grew up the very firang prepofie:ilion which thefe people cntertain for the Englih. But fuch is their detefiation of the Spaniards, that in their wars they wi ne-ither give nor receive any quarter. This fpirit of barbarity has of late years been greatly fofrened by the humane re1nonl:rances of Mr Pitt, who has refided in their country above forty years, with the highefi reputation for his fingularly good qualities. This worthy gentleman has laudably exerted him ielf in refcuing numbers of the Spaniards from execution, and often prevailed n the Indians to. accept a ranfom for a part of their prifoners, when he was unable to procure the liberty of the whole number : fome few, even his wannel: interceffions could not in duce them to fpare; th~fe they killed by way of exercifing their young men, who oblige tbe vilim to run before them, and l:rike at him with their bnces till he dies. Thefe a:tions are not the effel: of an innate cruelry (for the.ir difpofition is naturally gene rous and humane), but of their policy; and are intended to perpet'uate the national odium aga inl: the common enemy, and to fecure pofeffion of that freedorn, which wilL probably never be del:royecl J by any other means than their total extirpation: the Spaniards have al ways had thi:s in view ; but their efforts. were attended only with lofs ancl dcfeat. Thefe Indians gratify the Englih mol: willinglJ' with tral:s of land for etablihing fettlements, and make themfolves extremely ferviceable by the commodities they procure for barter, and by their adroitnefs in fihing and hunting, Their ter rito ry is foll of large rivers, that run fome hundred miles up into a fine and fertilc country, the foil capab]e of producing the moft va luablc plants and other things that are cultivated in the vV efl-Indies, and fpontaneouly yielding' fuch as are peculiar to the South-Ame .. i:1cani

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] A M A I C A. ncan continent. Cattle and horfes are cbea.p. The bc:ef o f t he favannahs, near Cape Gracia; a Dios, is fuperior to the l\forth Americau, and takes falt well. On the coal: are fome good and fecure harbours, which might be fortified with very littlc expence; and tbere are feveral ilands lying off the coal:, \,Vh~ch 2fford ex cellent anchorage for fmall vel:els. This is one of the fineit and healthiefr traB:s in the world, and free from thofo dil:empers which in fome other parts of the W el:-Indie.s are fo fatal to Eu ropeans o~ the change of dima te. Whether this maj,be attributed to the turtle and fh, which are here the mol: favourite articles ,0f food, orto the h_appy temperatL-Lre of the air; certain it is, that the Eurpean as well as Indian inhabitants ufually attain to greater ages than are common in Europe. There are, I am informed, about thirty Englih families reding here, who pofiefs lands .granted to them by the Indians, and have begun to fettle fugar plantations; but the qnantity of that produce they have hitherto 1nanufactured has not been conderable enough for exportation. Of other commodities fufficient is colleB:ed to load a large annual hip for Great-Britain; beGdes feveral ftnall vefels belonging to Jamaica. The planters have about one hundred Negroes, and will probably foon increafe their number, the fettleir.ents being in a very promifing train of improvement. The lands which they poffefs are faid to be peculiarly adapted to the cane. There is no doubt that ndigo might likewife be cultivated to great perfeB:ion in the marfy tracts. But, however extenfively thefe articles may be attended to by the European fettlers, I think that more capital advantages might be obtained by firiking out fuch cmployments for t he nati ve Indians as they would williugly en ter into, and pur fue to the mutual gain of themfe]ves and Great-Britain. Prepa ratory to this, fome degree of civilization is necefary; without which, tbeir confmption of Britih manufauures cannot reach to any great extent. They are rather of an indolent temper; and w.ill not labour, unlefs v, 1 hen indigent and compelled to it l3y want. Yet this indolence by no means attends the1n in every circumfiance .of life; for war, fbing, and hunting, which req uire much vi. gour, aB:ivity, and patience, have always been their favourite oc cupations. Nothing then feems mor.e expedient tha:n to give thef~ qualities

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B O O K I. CH A P. XII. qualities a direl:ion into walks of indufiry. All bbours of agri cultur e and planting are not equally fovere; an d they, vd10 might hri nk from tbe taik of cultivating ind 1 go or tbe cane would probably deem it no hardhip to apply to the culture of rice, cacao, faraparilla, tobacco, filk grafa, corn, and the like. The better to attral: thefe Indians to fuch objets, it is necefary to open a mar ket, v.,rhere their crops might find a ready price, and yield a quid~ return. N one Ees more convenient for them in this repet than J amaicc1. If a few of the better fort could be prevailecl on to make the experiment, the returns acquired in articles of drefs and other necefaries would encourage thefe beginners, and naturally engage others in fimilar undertakings. It is probable, there would be little ditticu 1ty in dfeting this; for already they afpire to live and to cloath themfolves in the Englih manner: and, in order to obtain many things which are necefa.ry to their convenience and comfort, they work at crifferent occupations; fome in cutting wood for ex. portation ; others in the turtle, fi!hery, or hunting; and many in the inLmd traffic. The plain refult of this is, that they perfeUy well underfiand fome pains muft be taken befare they can be fup .. plied with fuch necefuies as they covet or want. Their wants will undoubtedly increafe in proportion as they grow 1nore civilized; and, in order to gain the cofilier articles of drefa and convenience, they rnay foon be taught, that nothing more is requifite oi1 their parr, than an advancement of kill, and redoubled diligence in folel:ing and procu ring commodities of fu perior vzilue, or larger colletons of the ame kind, for carryiug on their barter, and due payment of their annual balance. At prefent, our trade hither is limited chiefly to a nun1ber of fmall merchaut-vefiels, which fopply the Mofquitos with various article.s of Briti manufa&ure, clo a thing and toois, and fome North-Ame rican produce. They load in return \;vith hides, tiger and deer fi{ins, rnahogany, cedar, n i caragua, ful:ic and logwood, cacao, coffce, cotton, farfaparilla, fk grafs, ndigo, china root, gums, baHams, cochineal, tortoife ~ heH, a lit-tle bullion, and fome few other comrnodities; from the nt1mber and value of all which ,v e are warrauted to infer, that li e re is a noble field for carrying on a \l ery extenfive and moil profitabk commerce. It is difficuk to fay with .1

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~20 .., J A M A l C A. with e x aB:nefs what proportion of this traffic is proper1y Engl t h or Indian. The Englih fettlers
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B O O K I. CH A P. XII. 321 ment has been fupinely inattentive both to them and to the Eng .Iih fettlements founded within, and near to their territory. It is true, the parliament, from a regard to commercial principles, and prefcriptive claims of the nation, have taken care to fecure by the lal: treaty with Spain our right of logwoo
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322 J A A I e A. other of our preent colonies is fo well calculated to ferve as a fatory for intermediat e ly fopplying the Indian demand, and making re gular returns to Great-Britain for various afortments of goods ne cefary to the purpofe. The legilature of Jamaica houlcl rdlecr, th,1t every rnerchant redent among them, fi1pp.orted by his trade with the Mofquito hore, necefarily mul: add fomewhat to th~ general Hrength, wealth, and revenues, of the iland. Thee will all be more or lefs conflerably promoted, in propo rtion as the trade is either co11dul:ed on by prudent meafures to a flouriiliing lat e or fuffered by mifinanagement, or utter neglelt, to continue un progrefll v c. vVhat is particularly important to us (becaufe it pre n~nts all thc i ll confequences attending difputed titles).~ we have her~ a v a11 tral: of country freely devoted to 0,ui; ufe by the Aborigines, the real and undoubted owners of it; a title which is fuperior to :ill others, as it excludes every other European claimant; which j u lifies, and indeed calls upon us to avow it openly~ unlefs our dreacl of Spanih jealoufy has fo befotted our minds as to deprive us entirely of the fpirit of Englihmen. To acknowledge the Indians publickly for Britifh fubjets, is but giving them a warranty for the confidence they have repofed in us: and, hould we be tempted to difclaim them, through the bafe motive of fear, they wmdJ not fail to defpife us, even more tban they do the Spaniards, and transfer their dependence to fome other European power better difpofed to fet a juil: value on their friendhip,. Many of the Britih fubjets'~ f e ttled in the neighbourhood of the l\fofquitos, were men of l0ofe, debached principles ; and having no certain laws Hor other com pet e nt authority to relrain their condut, fome among them have greatly hurt the Britih interel: with the lndian tribes. The inhu man wretcb~ ~1~~1,:iuated to the Mofquitos, that th~ Panamakav:s and Ramas deht..wd to make war upan them; Inhgated by the1r remonlrances, the Mofquitos too readily joined in taking every opportunity to trepan and fell them for flaves to the Dutch, the NorthAmericans, aud even to our own W efi:-lndia iflanders. The profits acquired from this traffic induced both parties to purfue it, notwithlanding all that the fuperintendant could do to put a lop to it. Severa} of the perfecuted Indians, rather than be enlaved by this treacherous proceeding, even betook thernfelves for refuge among

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BOOK I. CH A P. XII. arnong the Spaniards, their natural foes ; and many others will dou btlefs follow ~~~.ir.~eJ\~l~l~, f,;\Jong_as_ fuch atrocious rogues are unrel:rained from theie unJuJh'f able prahces. Thefe poor Indians, having ever he\vn a mol: faithful, l:eddy attachment to the Eng1ih, and relied upon them as their bel: friends, had no reafon to look for fo bafe a return, and were therefore unprepared to oppofo or to elude it. Although the 1\ifofquitos inhz-,bit from. Cape Honduras to the Nicaragua lake ; yet they are mol: numerous near Cape Gracias a Dios, efpecially up \Vanks river, and about Sandy bay, where their king refides. Tt1e Panamakaw lndians live about one hundred and fixty miles up \Vankg river, are very friendly to the Englifh, and might be extremely ferviceable to them in carrying on the inland trade. Terms of agreement were al:ually .~e.n.ter::d:. into, by the Mofquitos in the year 176 r, on condition that the inland traders hould not come below the f~lls ( about one hundred and fifty miles from Cape Gracias a Dios), and that they hould pay a tribute of twenty head of cattle annually, for permil.ion to negotiate with the Englif through their country. The principal harbour be longing to the Mofquitos is Bluefields river, whofe mouth is at the bottom of Hone found. The entrance into the found is over a bar, havi11g not more than two fathom at low-water, and from fourteen to fifteen feet water at hgh tides ; fo that it feems not capable of admitting very large hips. But there are fome co1n modious anchoring grounds on the neighbouring coail:, proper for hips of great burthen. On the Welern fide of the found the land gradually rifes into a fine, healthy country, an excellent foil, and entirely free frotn thofe troublefo1ne fli.es and infel:s, fo co1n mon to f wampy places in the We11:-lndies. The river Bluefields, ,vhich falls into it at the N. W. angle, is navigable for coni derable dil:ance through the interior country [ h] ; and near its m01.1th [ h] Bluefields is formed by a high bluff of abou t Rfteen hundred acres, lat at top, and inac c.effible, except at two places, which might be eafily guarded. Thi8 blutf is joined to the conti11ent Northwards by an ii1hmus of fandy beach on the outfide, and morafy ground overgrown with mangroves. The channel into the harbour runs in about N. N. W. On the left fide is a high quay, 0{1 the \Vel: of which is rtnother lhallow channel. The main channel has from fifteen to fixteen foet at high.water, and twelve to thirteen at low; confcquently, the tide 1:ifcs T t 2 here

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J A M A I C A. mouth is an excellent :fituation for founding a tmvn and colony,. to manage a trade with the lndians )1?ha.P)J~~;_he back country. U pon its banks there is great ab;t~~'farge'iahogany, cedar, ar:d other timbers, fit for building or for merchandize. On the adjacet\t fea-coal: are caught val: numbers of turtle, and in the found grcat plenty of fih and oyfiers. So tbat here is no want of any materials requife, either for the firul:ure of houfes, the fu.l:enance and accommodation of inhabitants, or the convenient djfpatch of mercantile affairs; and it feems as it were del:ined, by fo many natural advantages, to be the mol: eligible feat for an Englih colouy, to extend our commerce through every dil:ril: of the free lndian territory, in this divifion of the continent. A few miles up the main river live the \iV oolvas and Cuckeras Indians. 1\1r. Henry C~~!jP-, ~}:maica, fettled here in I 7 52, and acquired a largtfort~~J'r~n the luxuriant produB:ions of tbis dil:rit. He expoxted grcat quantities of mahogany, tortoifc-hell,. &c. to Jamaica, and thc Northern colonies. He likcwife took fome pains to civi Jize the neighbouring Indians ; for, on his firl: coming to reide here, they lived in a favage l:ate, and had very little commerce either with the S.paniards or Englih. This example of fuccefs, from the endeavours of a prvate perfon, may lead us to couclude on. the proportionate]y greater advantages to be giined by efia. blifhing a regular colony in thefe parts, who might labour to gain ; the good-will of the Indian tribes, ancl by fai.r dea-ling and a gene, rons communication wean them from afta.te of barbarifm to civility and indufiry. It feems, I think, probable, that they might foon become reconciled to rnuch of th.e Englih ma.nners in their drefs and habitations, and gradually induced to take large imrorts of cloathing, forn:ture, implements, and food, frnm us. J.n, order to purchafe thcfe, th ey would nectdfarily apply them felves to procure fuch comrn od ities of value, for the exchange, as they might find to be m ol: in requel:. Thus,_ by a difcreet management, it is reafonable to believ.e, that our Britih wares and manufatures 1night b e d1fperfed to many thoufands of Jiere about th re e foet. \Vithiu tl::e harbou r is four-fathom water dofe to the blutf. Severa] ri vcrs difrharge th em fci vcs into it, the banks .,f which are high. From the top of the bluff therc is the mot ex :e nfe profpct imaginable of thc ocean ,md country to the Southward. people

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BOOK L eHAP. XII. people on this continent, and fo many folid emoluments reapecl from the intercoure, as would amply overpay mu utmofi affi. duities in the profecution of it [i]. S E C T. III. B L AC K R l V E R. THTS place is fituated within tbe Mofquito territories, in btitude 16 N and has been the reridezvous of [ everal Iogwood eutters for near fifty years pal:. When driven by the Spaniards fr.om tbe bay of Hondur:as, many of the111 chofe this aylum, where they might lead a lawlefs, abandoned life with impunity, till they got information from their foouts, employed for this purpofe, that the Spaniards had retired from their old quarters at the bay; and then they returned. As thefe temporary e.xpulfions often ham)ened, numbers of !hips bound for the bay ufuaUy l:opped here in their way, for intelligence~ lf the mal:ers found there was any proba"' h ility of getting a lading, they proceeded; if not, thofe poffefed ef any degree of honel:y altered their voyage; but others ran the hazard of fi.nking, or deGgnedJy cal: away their velels in fome convenient place, and apprnpriated the cargoes to the ufe of them felves and their alociat~s; w hich enabled them to fet up for bay men. This piratical bunefs for a time focceeding, others of the fome lamp were encouraged to fend fer confiderable cargoes on eredit, under the fair pretence of felling them by cornmifon for the owner"s b-eefit; whereby fome merchants of Jamaica and North-America have been capital fufferers. By thefe rneans greater quantities of European good.s were brought hither than the in,,. habitan,ts had occalon for; which induced them to open an inland c trade. This trade ha.s been c-arriccl 011 to a large amount, and proved highly advantageous to the undertakors, efiJecially tliofe w.hp are o f dfferent principles from the firl: fettlers,, and who live. with fome [i j A very largt.} and, as I arn told; the 1fl correl't chart of the Mofquito fhore was publed in 177 r by captain Speers, who reded rnany years in thefe parts. It is fold by S. Hooper, printfeller, on Ludgate-hll, J.:ondon.-T mul: here acknowledge, that I have been greo1tly indebtcd to the putlications of tite g,ertlemnn filorn~ntined. for U1<'1l2.J parti.culars ~clatlYe to this ful--jell:. decency. ~ =

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. J A :NI A I C A. d e ce ncy: time, howevcr, aud a n c n cr c afe of inhabitants, may c radic a te thei r pcrniciou s cufiom s The foil for half a mile frnm the foa is for tbe rnol: part fandy, though in fome places low and fvvam py, with rnangro v cs. U p the rivers and lagoons it is more f.cr t i l e and produc e s plen t y f Indian corn, plantanes, yams, c ocoas, potatoes, and oth cr vegetables; likewife fugar-canes, of w hich the i nhabitants propofe making ru m The rvcrs and 1a g oons are well fiockcd with fih. ]n t be \-VOods are deer, fwinc, a nd wild fovd. On the foa-coal-, in tbe months of March, April, M a y, Ju n e, a n d again in Augul: and Se p t e mlie r are found ahun, d a n ce of thc finel: turtlc. The dry foafon fets in gcnerally in September, a n d continues till J une, and i s then fucceeded by wet fqually vveather till the middle of July, at which time the fettled ra ins continue till the fatter end of AuguH: or beginning of Sep temb e r. T h e North winds begin carly in November, and blow it i nte rv als ti ll F ebruary: they are generally mol: violent about the full and c h a n ge of the 1110011, and in the months of December a n d January; during which time, no perfon chufes to go to Black rivcr \,Yith ve fo l~ that draw above five feet water, it being difficult to pafs ove.r the bar. On the outfide it is an open and dangerous road, a lee hore ; and with a North wind there runs a very high fea: There is no harbour or heiter far a veffel to the Eal:ward nearer than Cape Gracias a Dios; nor to the vVel:ward, than Rattan or Bonacca. The country from Black river to Cape Gratias a Dios, and from thence to the Southward as far as Bluefields, is chiefly inhabited by the 1\1:ofq uito Indians, not above twenty white men refiding on that long tral of land; though much better places are to be found, either for fettle1nents or trade, than Black river. A'bout the favannahs up Black river live the PavYyer Indians, who 0nce were numerous, but are now greatly decreafed, occafioned by the ill treatment they far many years received froln the Mof quitos, who conquered them in a pitched battle about fifty years ago, and e ver fin ce (till late1 y) exal:ecl fuch large contributions of cattle and other things, that they were obliged, at the rifque of their lives, to enter the Spanih territories, and there by :ealth provide the number de1nanded, in otder to fave their families from b eing carried away and fold into lavery. During thefe excurfions, the

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BOOK I. CH A P. XII. the Mofquitos kept poifeilion of the houfes, wives, and children of the Pawyers, till their unreafonable demands were complied with. This pral:ice, being continued for many years, caufed numbers of them to ly to the Spaniards for protelion. Thofe that now remain are fo induhious and ufefol to the Englih, tlrnt without their affil:auce a great part of the inland trade would be at an end. In 174 2 a merchant projel:ed the cuttng of a road from this river into the province of Camyagua, which would afford a ready pafage to and from the South fea, and be a means of the merchants going and coming with fafety; thereby preventing the Dfltch fro1n. carrvinoon their valuable trade at Truxillo bay, which they had ., u fo long monopolized. Thc Popya Indians accord.ingly cut the road, and drew the trade as was intended to Black river ; wbich has increafed the profits of our commerce there to a pro-digious degree S E C T. IV. H O N D U R A S. THE bay of Hondt1ras les vVel:ward of the Mofquito fhore. The country about the rive r Balife (latitude 17 to 17 30 11 N.), where the bcl: logwood grows, is low, rnarfhy, and interfel:ed with }a goons; and in fome places it is ar,nually, or at leal: every otber year, overflowed \vith four or fi ve feet depth of water. In the dry ieafons, thc baymen (or log,vood-cutters), 011 finding a number of trees convenie11tly fi.tuated, erea hnts nearthem; and, after cutting them dow,n, they firip the bark, chop the trees into logs, and pile them on the ground, where tbey remain m1til the bnd-floods fa vour their removal; thence they are tra-nfported in ca110es to the nea r el: fiream, or rivcr, and fo conveyed to their principal lore houfe at tb e Barquadier. Th <; huts in which the baymen refide at other times are built upoL:i hi gh banks,, t0fecLH"e themfelves from the floods, till the traclers arrive to pu rchafe their wood, which is gene rally fold at 5 !. Jamaica currency ( equal to 3 l. 11 s. 6 d. fier ling) per ton The trackrs ufo flat-bottomcd boats to convey the logwood

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328 J A M A