i » w . ¦ Barbados - nicated to me by the Honourable Benjamin Hinds, chief justice of a court of common pleas, and trea surer of the island; a gentleman, whose stern. poli tical rectitude and integrity are softened by .a hap py union with the most amiable sdomestic virtues. Many of the most important transactions of Sir Be- vill Granville's and Mr. Crowe's administrations, are detailed from an old journal of the proceedings of the assembly, lent me, with his usual urbanity, }by -my esteemed and ingenious friend Mr. Abraham Hartle. Eor many interesting particulars, I am indebted to two (Valuable manuscripts, which were -politely put into f my hands by William Evers- ley, Esq. an eminent attorney, whose integrity -and professional knowledge have procured him the confidence and esteem, not only of his .cli ents, but of all who enjoy the pleasure ,of his ac quaintance. b 2 xii PREFACE. Having, at length, taken leave of all my histo rical guides, I was left to pursue the trackless waste with nothing to direct my footsteps, but a few fee ble lights accidentally scattered in my way. The compass by which I might have steered my course, with ease and certainty, was placed beyond my reach. The journals of the colonial parliament, had I been allowed access to them, would have supplied every deficiency, and smoothed the way before me ; but this was an advantage which I was not permitted to enjoy. Precluded from this source of information, I had no alternative left but to col lect the fugitive productions of the press, which contained the minutes of the general assembly pub lished by authority. Nor was this accomplished without difficulty. And I should have been obliged to relinquish my design, but for the liberal and friendly interposition of the Honourable and Reve rend Mr. Brome and Judge Hinds, whose endea vours have been unremittingly employed to pro cure for me the materials necessary for the comple tion of my work. To these gentlemen I am proud preface: xiii to acknowledge my obligations. The friendship of such men is a distinction of which I am justly vain, and amply compensates me for the envious malignity which has endeavoured to obstruct my, pursuits.. And now,, having surmounted the difficulties and impediments that have lain in my way, I submit to the candour of an enlightened community,- with all those tender hopes and fears which are natural' to the niind of a man, anxious for the success of a, production,, on which he has bestowed much time and pains. Conscious of my own- deficiencies, I can scarcely expect a favourable reception from the world. Denied the advantages of an academical education, I cannot pretend to those ornaments of style which are necessary to embellish and recom mend a work, which, from the nature of the sub ject, it is apprehended,. will prove dry andunenter- taining. I have endeavoured, however,, to supply the want of learning and talents by diligence and application; and I trust that, as my faults have w preface. not been aggravated by presumption, they will not be punished with the severity of literary criticism.. From the lively interest taken by people of every description, in whatever relates to the condition of the enslaved African, it may, perhaps, appear strange that I should have taken no notice of the general state of West Indian slavery. But the subject has been so fully and ably treated, by Mr. Bryan Ed wards, the elegant and ingenious historian of the West Indies, as to preclude the necessity of any ulterior discussion. And, as his valuable work is in general circulation, it would be superfluous to repeat what he has advanced with so much greater ability. It has, doubtless,, been expected, that I should take notice of the torrent of illiberal invective with which our mistaken, misinformed, transatlantic fellow-subjects continue to overwhelm a, peaceful^ unoffending community, with whose internal situ ation they are very imperfectly acquainted ; and that I should vindicate the character of my injured country, from the gross calumnies which are daily PREFACE. xv propagated, concerning the treatment of slaves. But I have forborne to remark upon this unwar rantable abuse, with that honest in(%nation which 9- due sense of accumulated injuries and insults, might naturally inspire and excuse, and shall leave the dart to recoil on those by whom it has been so unjustly and unfeelingly thrown. I may, however, be permitted to refer, to the candid representations of a few intelligent travellers, for a refutation of the charges of inhumanity, too indiscriminately im puted to the West Indians to be just. I shall begin with the testimony of the Reverend Mr. Williams, vicar of Exning, in Suffolk. This respectable minister of the gospel, was chaplain of Sir John Jervis's flag-rship, when that celebrated, commander and Sir Charles Grey were employed in extending the glory of the British arms in the western hemisphere. While the fleet lay at Bar- badoes, he had an opportunity of observing the condition of slaves, and the result of his observations is related with a candour becoming his holy voca^ xvi PREFACE. tion : " During our residence at this island, curi osity led me to be present at a sale of slaves, just imported from ' Africa. As this horrid traffic in human flesh has been the topic of public investi gation for some time past, and much learning and ingenuity have been displayed on both sides of the question, I shall not give any opinion on it, but merely state facts that came within my own know ledge. The sale is proclaimed by beat of drum, and is held, at Barbadoes at least, not in the open air, as I had been taught to believe, but in a com modious house, appointed for that purpose. As soon as the planter has fixed on a slave, he retires with the salesman to another room, there concludes the bargain, and departs with his purchase to his plantation, where the new comer, being clothed in a coarse jacket, and provided with a hat, knife, and other trifles, is placed with one of the old ne groes, by whom he is instructed in his business. In regard to the severity exercised by the slave owners on their slaves, whatever may have been the case, I am well assured that now there are sel- PREFACE. xvii dom instances of those cruelties which have been so feelingly described, at least in the islands we vi sited on this expedition. At Barbadoes, they ap peared to be in as comfortable situation as the lower ranks of society generally are ; and as the climate is peculiarly favourable to poverty, clothes and .fir ing, the great articles of expense to the poor in other countries, being hardly here required, I may venture to affirm, that the slaves in the West In dies are in a better situation, as to the necessaries of life, than the labouring poor in England, or any- other country in Europe*." On the comparative felicity of the West Indian slaves, we have the candid declaration of another clergyman, the Rev. Mr. Munn, who was sent to Jamaica as a missionary. He acknowledged that be had received, in England, very unfavourable' impressions respecting the treatment of slaves; but, from what he had himself witnessed, he saw * Williamson's Campaign in the West Indies, p. 12. xviii PREFACE. more of the comforts of life among them, more apparent contentment, more happiness, than he had ever seen among the labouring order of people in any part of Europe*. To these venerable authorities let me add that of Doctor Pinckard. This gentleman was em ployed in a professional capacity t& attend the troops under the command of Sir Ralph Abercrom- bie, on the expedition to the West Indies, and brought with him all those inveterate prejudices,. generated by ignorance and falsehood, and nur tured by humanity, which prevail against the calumniated slave owner. Soon after his arrival* at Barbadoes, he had an opportunity of visiting a slave ship, " to witness," as he explains his design, " die manner of treating these poor beings of sable skin, who are torn from their native home by the iron hand of commerce, to be transported to a home of slavery." After a minute detail of the * Dallas^ History of die Maroons, vol. 8, p. 451, 5 PREFACE. xk particulars of this novel sight, the doctor assures his correspondent — " I am most happy to con clude my report, by informing you, that we ob served no marks of those horrors and cruelties said to be practiced on board the ships occupied in this sad traffic of human flesh, "and which are re presented as frightfully augmenting the manifold ills of slavery*." And in a subsequent letter, the doctor adds, « the difference, in point of health, is peculiarly striking, between the troops conveyed in transports from England, and the slaves brought in the Guinea ships from Africa. The slaves are far more crowded than the soldiers, yet far more healthy. I might venture it as an opinion, that a Guinea ship would cany with less danger of dis ease being generated among them, a cargo of slaves more than thrice as numerous as a transport would cany of soldiersf." No better evidence can be had than this of a gentleman of professional eminence, * Pinckard's Notes on the West Indies, vol. 1, p. 23S t Ibid, vol. 2, p. 9. c 2 xx PREFACE. who had a fair opportunity of examining both the transport and slave ships, and whose spontaneous declaration in favour of the latter mode of con veyance proves, that so far from augmenting, as had been represented, the manifold ills of slavery, it was, in fact, an amelioration of human misery. In the course of this traveller's peregrinations in this country, he met with, what he is pleased to term, a happy negro yard. " We contemplated this spot with much satisfaction, and were gratified in observing the high degree of attention which was here given to the comfort and accommodation of the negroes; who had little cause to lament their removal from the wild woods of Africa to an opposite shore, and could as little desire to exchange their present lot for the high-rated freedom of European paupers. No thought have they to provide for their infants or. their aged parents, nor have they to seek either food, habitation, or apparel. To each fa mily is allotted a separate home; the necessary food and clothing are issued to them ; and they 6 PREFACE. Xxi know none of the anxious cares or difficulties of the world. -No fearful concern, nor harassing incum brance, can arise to them, on account of their off spring, who, like themselves, are furnished with all that is needful ; and those who have most chil dren, find themselves most valued and esteemed. In sickness, medical attendance is provided for them, and whatever is necessary is administered without thought or anxiety on their own part. Six days labour is demanded from them in the week, but the seventh is given them as a day of rest and relaxation; and from the total absence of care, it is usually spent in unbounded mirth and festivity *." Is there any particular hardship in this species of servitude? To labour, is the common lot of man kind. To eat bread earned by the sweat of his brow, was the sentence pronounced by an incensed God against fallen, disobedient man. And. is the sable African less guilty than all the other descend ants of Adam, that he alone should be exempted from the operation of Divine law ? * Pinckard's Notes on the West Indies, vol. 1-, p. 288. xxii PREFACE. Again, speaking of the slaves on Mr. Dougan's plantations, in Demarara, Doctor Pinckard is forced to acknowledge, " that the labouring poor of Europe can attain no state at all adequate to such slavery; for had they equal comfort, still could they never be equally free from care." And at a fete given by Governor Battenburg, of Ber- bice, to his slaves, the doctor says, " While look ing upon them at this joyous moment, I bent a thought to Europe, and wished that the tattered, indigent sons of liberty could feel as happy. Re flecting, that the peasants of Europe, who toil in freedom for. their daily bread, have not within their reach such complete and cheerful relaxation as was procured for these contented slaves, I became fixed in contemplation of the scene before me, until the comforts and advantages had nearly concealed from my mind the bitter ills of slavery*." No condi tion of human life is exempt from many bitter ills; and it were, perhaps, a task as impious as it would * Pinckard's Notes, vol. 2, p. 352. PREFACE. xxiii be vain, to attempt to free from the common lot of humanity those, who, in a state of slavery, are ful filling the mysterious dispensations of Providence. It may possibly be said, that these are a few par ticular instances of negro felicity, whence no infer ence can be justly drawn in favour of the system. But I assert, and I do it without the fear of con tradiction, that the picture which Dr. Pinckard has drawn of the condition of slaves, is a correct repre sentation of the general state of slavery in Barba does. Indeed the point is established by his own confession, " that the slaves of many persons whom he visited in this country might be envied by the poor of nations where freedom is better known*." And, though he has selected Mr. Waith from the group, and held him up to public admiration, I am happy to say, that, among the planters of Bar badoes, there are thousands whose hearts throb Avith the finest sensibilities of humanity; and who pos-^ * Pinckard's Notes, vol. 2, p> 109. xxiv PREFACE. sess as much of the milk of human kindness as any men upon the face of the earth. I shall conclude with the flattering attestation of an illustrious Prince of the Blood, his Royal High ness the Duke of Clarence; who, in his place, as a- peer of the realm, asserted, that he knew, from per^ sonal observation on the spot, that the situation of slaves in the West Indies, was more desirable than that of the lower classes of Avhites in Great Britain. To declarations so explicit, to testimony so unques tionable, it would be impertinent, in one labouring under the opprobrium of a West Indian character, to add one single syllable. If the people of Eng land believe not these, Avhat chance is there, that my feeble voice will command attention amidst the clamour which has been raised by prejudice and perverted philanthropy ? The obdurate ear of partial incredulity cannot be penetrated by the distant, unharmonious accents of truth. Speight's Town, March 16 Town, 1 , 1807. S CONTENTS. CHAP. I. Page J. HE Island discovered. Granted to the Earl of Marlborough. A settlement made by Sir W. Courteen. Granted to Lord Carlisle. A second settlement made by a company of Merchants. Disputes between the settlers. Sir W. Tufton appointed Governor. Superseded by Hawley. Tufton executed for mutiny. Prudent administration of Ms. Bell. Sugar cane introduced. Afri- can slaves. Story of Inkle and Yarico. A conspiracy among the negroes-., I CHAP. II. Lord Willoughby succeeds to the Government. Restraints on trade. Sir George Ayscue attacks the Island. Gallant defence made by the Goverhor. Resto ration. -Colonel Modiford appointed Governor. Succeeded by President Walrond. Digression concerning Courts of Law 48 CHAP. III. Discontents of the Barbadians. Origin of the four and a half duty. Lord Wil loughby resumes the Government. The Assembly grant a perpetual re venue to the Crown. Mr. Farmer's spirited conduct. Hostile designs of the Dutch. Lord Willoughby perishes at sea. Succeeded by his brother. Pre sidency of Mr. Codrington. Sir Jonathan Atkins governor. Dreadful hurri- U cane. Remarks on forestalling. The Barbadians grievously oppressed 76 d xxvi CONTENTS. CHAP. IV. P»3a Sir R. Dutton's tyrannical administration. Appoints Sir John Witham his De puty Governor. New duty on sugar. Disputes between Dutton and Witham. The Governor recalled. Succeeded by Edwin Stede. A conspiracy among the slaves. A review of the slave laws *** CHAP. V. Sir Timothy Thornhill's gallant exploits. Colonel Kendal appointed Governor. The country suffers from an epidemic disease. A new plot among the negroes. Unsuccessful attack on Martinico. Colonel Russel succeeds to the Govern ment. His death . .. - - — ¦ I4* CHAP. VL Presidency of Mr. Bond. Arrival of Governor Grey. He resigns the govern ment. Mr. Farmer, President. A Conspiracy of the slaves. Sir Bevill Granville appointed Governor. The country torn by factions. Attempt on the Governor's life. Mr. Lillington prosecuted. Memorial against the Go vernor. Several Members of the Assembly expelled. A Bank established. Departure of the Governor . ........... .......... . 16*7 CHAP. VII. President Sharpe's administration. Succeeded by Mitford Crowe. Disquisition concerning the criminal judicature. Death of Mr. Codrington. Mr. Lilling ton administers the government. R. Lowther appointed Governor. His ty rannical conduct. Mr. Sharpe succeeds to the Presidency. Lowther restored. His arbitrary and oppressive measures. Persecutes Mr.,Gordoi>. The case of Bernard Cooke. The Governor recalled. Mr. Frere assumes the executive authority. Is superseded by Mr. Cox. Remarks on the fortifications, and the state of the colonial representation... ................ ..._.„„„_. 20O CONTENTS. xxvii CHAP. VIII. Page Governor Worsley's administration. Mr. Cox disgraced. Violent dissensions in the country. The people refuse to pay their taxes. Mr. Worsley returns to England. The government devolves on Mr. Barwick. Disorderly conduct of the Assembly. Case of Mr. Bennett. The President dies, and is suc ceeded by Mr. Dotin.... , .... ............. 244 CHAP. IX. Lord Howe's popular administration. Payment of Mr. Worsley's salary en forced. Establishment of a press. Murder committed by Mac Mahort. Death of Lord Howe. Presidency of Mr. Dotin. Mac Mahon's trial. Ar rival of Governor Byng. Disputes between the ¦ Governor and the Assembly. Death of Mr. Byng. Legislative proceedings . _. .. ...... 271 CHAP. X. Administration of Sir Thomas Robinson. Disputes between the Governor and the Assembly. Commodore Knowles. An inquiry into the state of Charles' Fort. Sir Thomas is superseded by Mr. Grenville. The Government devolves on Mr. Weekes. He is succeeded by Doctor Pinfold. Loyal and spirited conduct of the Barbadians. Mr. Adams expelled the Assembly. The Go vernor's resignation ¦ 3°2 CHAP. XL The Honourable Samuel Rons, President. The Assembly's ^first claim to Privi leges. Doctor \V. Spry appointed Governor. The Speaker of the Assembly vacates his seat. The Freeholders refuse to elect another Representative. Death of Mr. Spry. Mr. Rous's re-ascension to the Chair.. - 338 d 2 xxviii CONTENTS.5 CHAP. XII. Page Mr. Hay assumes the Government. Distressed condition of the inhabitants. Representation to the Throne. Opposed by the Governor. Suspends the So licitor-General and the Judge of the Court of Vice-Admiralty. His improper interposition in favour of Captain Dotin. War with France. Danger of the Country. Apathy of the Assembly. The Governor's Death .... .. 363 CHAP. XIII. The government devolves on the Hon. John Dotin. Succeeded by Major-Gena. ral James Cunninghame. The governor disappointed in his salary. Quar rels with the Assembly. The Council sanctions his illegal claim of fees. The island almost desolated by a dreadful hurricane...................... 405 CHAP. XIV. Address from the Legislature to the Throne. Extraordinary proposal to suspend the proceedings of justice. Petition to the King for the Governor's removal. His Excellency perseveres in his illegal and arbitrary measures 457, CHAP. XV. Munificent grant of Parliament for the relief of the sufferers by the storm. Distribution delayed. Message from the Governor. The Assembly refuse to raise the supplies. Alarming prospect of affairs. Obstinacy of the Assembly. Patriotism of the people. Dissolution of the Assembly. New election. Con tinual altercations between the Governor and the Assembly. Plans for the distribution of the Parliamentary bounty. The Assembly prorogued. Final arrangements for the distribution.... ... ....... . 490 CONTENTS. xxix CHAP. XVI. Pace The Governor recalled. Mr. Dotin assumes the Government. Extraordinary conduct of the Council. Mr. Estwick's conduct censured. Mr. David Parry succeeds to the Government. Legislative proceedings. An atrocious murder committed .......... 526 CHAP. XVII. Altercation between the two Houses concerning the Excise-biU. Appointment of a new Agent. Augmentation of the Governor's salary. Singular pheno menon. A Lottery. Arrival of Prince William Henry. Commercial regu lations. Legislative proceedings. Military outrage. The Governor returns to England. Presidency of Mr. Frere. The Governor's return. He regulates the currency of the Gold Coin. His- Excellency resigns the Government to Mr. Bishop. Suspension of Judge Weekes. Military operations. The Pre sident's extraordinary zeal for the service.... ....... ..... 558 CHAP. XVIIL Georo-e Pointz Ricketts, Esq appointed Governor. Auspicious commencement of his Administration. Judge Weekes convicted of extortion. Militia esta blished. A reform of the Courts of Law attempted. The Storekeeper's de mand revived. Alarming state of affairs in the West Indies. Murder com mitted by Joe Denny. Extraordinary interposition in his favour. Violent commotion in Bridge-town. Denny transported. Mr. Gibbes suspended. Government adopts the dangerous scheme of employing black troops. Sir John Gay Alleyne retires from public life. Mr. Ricketts resigns the Govern ment. Is succeeded by President Bishop. A compendium of the constitution. 608 A LIST OF SUBSCRIBERS, The Rev. Thomas Allinson. The Rev. William Alls. The Hon. John Forster Alleyne. James Anstie, Esq. Samuel Applewhaite, Esq. Mr. Richard Archer. Mr. Charles Barrington Agard. Mr. John Agard, Jun. Mr. John Archer. Mr. Israel Armstrong. Mr. Richard Austin. Doctor Abel Alleyne. Haynes Gibbes Alleyne, Esq. Mr. Thomas Gent Armstrong. Mr Benjamin Armstrong. Mr. Howard Armstrong. Mr. Joseph Taitte Agard. Mr. Edwin Agard. Mr. Abel Archer. Robert C. Ashby, Esq. Mr. William Adamson, Jim. John Alleyne^ Esq. John P. F. Armstrong, Esq. Mr. Thomas Agard. Mr. William Amey. B. The Hon. and Rev. John Brome, 3 copies The Hon. John BeckleS, Attorney-Gene ral and Speaker of the Assembly. The Hon. John Alleyne Beckles. John William Bovell, M. D. William Bovell, Esq Demerara. Stephen Blackett, Esq. 2 copies. Mr. James Bovell. Mr. Howard Bovell. Mr. William Ball. George Barclay, Esq. 2 copies. William Barton, Esq. Liverpool. Mr. Jacob Belgrave. Joseph Bute, Esq. Demerara. The Hon. Miles Brathwaite. General Henry Bowyer, 2 copies. Colonel Pinson Bonham. The Hon. John Barrow. LIST OF SUBSCRIBERS. Mr. Charles Brough. Mr. John B. Brown. Mr. James Butcher. Mr. Thomas Burton. Mr. Finch Bovcjll. Jehu Caudle Bend, Esq. Mr. Thomas Beard. Samuel Berrisford, Esq. Berbice. Francis Shorey Bayley, Esq. Charles Kyd Bishop, Esq. Joseph Bayne, Esq. Mr. William Bosie Baker. Andrew Boyce, Esq. Jonathan Boyce, Esq, John Bratbwaite, Esq. Mr. Matthew Boyce. Mr. Israel Bowen Mr. Samuel Boyce. Mr. Thompson Boyce. John Bowen, Esq. John Bowen, Jun. Esq. Mr. John Birmingham. Mr. Harbourne Barnwell, Demerara Mr. Francis A. Barrow- Mr. J. L. Bynoe. Mr. Thomas Briggs. Mr. James Buhot. Mr. James Thomas Bascom. Mr. Henry Crofts Bal'ey. C. John Cobham, Esq. The Hon. Thomas Chase. Mr. Thomas Chase, Breedies. Mr. R. S. Carter. William Alleyne Culpe.per, Esq^ Mi. Johu Crichlow. Ward Cadogan, Esq. 2 copies. John Carew, Esq. Hamlet Alexander Chase, Esq. Jacob Perry Clarke, Esq. Mr. Samuel Clarke; Mr. James Clinkett. Mr. Richard Cock, Jun. John Charles Coleman, Esq. 2 copies. Mr. Bernard Conolly. Mr. Othniel Crane. Mr. Henry Thomas Crane. Henry S. Cummius, Esq. 2 copies. Doctor John Cutting. James Cummins, Esq. Mr. George Cragg. Mr. Christopher F. Carmichael. Matthew Coulthurst, Esq. Advocate- General, 2 copies. The Rev. Henry Caddell. Philip Caddell, Esq. Philip Crick, Esq. James Cook, Esq. Mr. Abel Clinckett Mr. John Chaddertom William Cadogan, Esq. Charles G. Colleton, Esq.- James Cavan, Esq. Charles Cadogan, Esq. Mr. Renn P. Collymore. Mr. John Carter. LIST OF SUBSCRIBERS. Nicholas Rice Callender, Esq. Forster Clark, Esq. Benjamin Collynns, M. D. Lawrence T. Cumberbatch, Esq. Mr. Thomas Connell, Pie Corner. Mr. John Crone*. Mr. Christopher Chandler. Thomas Challenor, Esq. Richard Clement, Esq. Mr. Michael Corbin. Mr. George Clinton. John Cummins, Esq. Mr. Joseph Crick. Mr. John Crick. Mr. W. Ashby Capleman. M/s. Anna Maria Clinton. D. Allen Dalzell, Esq. 5 copies. Francis Dixon, Esq. Thomas Dummeft, Esq. Thomas Dayrell, Esq. James Douglas, Esq. Mr. S. H. David. Thomas Whitaker Drake, Esq. John Perrott Devonish, Esq. Mr. William Dowrich, Jun. Mr. William Drake. Thomas Daniel, Esq. 2 copies. John Daniel, Esq. E. Grant Ellcock, M. D. John Gittens Eastmond, Esq. John William Edward Elder, Esq. Mr- Samuel Evans. Mr. Samuel French Edwards. Nathaniel Evanson, Esq. 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Benjamin Hinds, 2 copies. Messrs. David and George Hall, 4 copies. The Rev. Henry Evans Husbands. The Hon. Robert Haynes. Mr. William M. Harris. M. Jacob Hinds. Mr. Robert Harris. Mr. John Hawkesworth. Mr. John Heyes. John Higginson, Esq Mr. Samuel Hinds, Jun. Richard Hooton, Esq. Conrade Adams Howell, Esq. 2 copies. John Humpleby, Esq. Mr. Daniel Hunte. Joseph Dotin Husbands, Esq. The Hou. Rob. Aug. Hyndman, Thomas Hollingsworth, Esq. The Hon. William Hinds. Mr. John Boyce Harris. Mr. William Hall. Mr. John Hussey Hendy. Mr. Richard Hawkesworth Mrs. Mary Sims Howell. The Rev. William M. Harte. John Hamden, Esq. Mr. Edward J. Henery, Demerara Mr. William Hallstead, Demerara J. Mr. William Jackson. I Samuel Jackman, Esq 1 Gabriel Jemmett, Esq, Benjamin Irill, Esq. 2 copies. George lrlam, Esq. LiverpooIf Mr. John Ironmonger. John Johnson, Esq. Demerara. Mr. John Inniss. Joseph Johnson, Esq, Doctor William Howard Jordan. Mr. Joseph Jordan. Mr. Joseph Johnson, Jun. Mr. Nathaniel M. Jemott. John F. D Jones, M. D. Benjamin Jones, Esq Frere Jones, Esq. Gibbes Walker Jordan, Esq. F. R. S. LIST OF SUBSCRIBERS. Mr. Alexander Khlg, Jun. Mr. Samuel Knight, Jun. Mr. Samuel Knight. Mr. Samuel Knight, Jun. Christopher Knight, Esq. 2 copies* Mr. James C. Killman. John Keir, Esq. Mr. Francis Kirton. L. Literary Society of Barbadoes, 2 copies. Mr. Edward Linton. Thomas M. Lovell, Esq. Nathaniel Lucas, Esq. Capt. Francis Lightbourne. William Draper Lloyd, Esq. 2 copies. John Wrong Leacock, Esq. Mr. Edward Licorish. Mr. William C. Leslie. Joseph Leacock, Esq. Lisle Lloyd, Esq. Mr. William Licorish* Mr. Richard: Ambrose Layne. Mr. George Law. Joseph Lowe, Esq. John Lewis, Esq. M. William Miller, Esq. 2 copies. James Maxwell, Esq. 6 copies. John Pollard Mayers, Esq. 3 copies. David Martindale, Esq. Mr. John M'Pherson. Mr. Henry M'Grath. - Mr. William Morris. Lawrance Mudie, Esq. John M'Leay, Esq. William Moore, Esq. The Hon. George Maynard. Mr. Francis M'Clure. Bliezer Montefiori, Esq. 2 copies. Mr. John Melvin. Mr. Henry Madden. Thomas M'Intosh, Esq. f. N. The Rev. Mark Nicholson. The Rev. James Fowler Neblelt. Nathaniel Nowell, Esq. Mr. Joshua Nurse. Mr. Robert Norris. Mr. Samuel O. Nurse. Mr. Richard Nurse. O. The Rev. Thomas H. Ordersoih Mr. Isaac Williamson Orderson. Mrs. Isaac W. Orderson. Arthur Oughterson, Esq. Mr. William Oxley. Thomas Whitfoot O'Neale, Esq, Gera Olton, Esq. Thomas Ostrehan, Esq. LIST OF SUBSCRIBERS. p. Henry Piggott, Esq. Mrs. Sarah Poyer. The Rev. John F. Pilgrim. Mr. Henry Parkinson. Mr. Lionel Parks. Joseph Alleyne Payne, Esq. Peter Phillips, Esq. Stephen Phillips, Esq. Mr. Nathaniel Phillips. Mr. John Phillips. Thomas Pierrepont, Esq. William Hinds Prescod, Esq. John Hothersal Pinder, Esq. Trancis Ford Pinder, Esq. Mr. John W. Perch. John Randall Phillips, Esq. Thomas Piggott, Esq. James Scott Payne, Esq. Mr. James Pairman. Mr. Conrade Pile. Joseph Payne, Esq; Mr. Edward Parris. R. George Reed, Esq. Mr. James Reid. .; Hillary Ro*w«, Esq. Messrs. Rodie and Shand, Liverpool. Doctor Charles Stfaghan Rudder. Thomas Reese, Esq.* S. The Hon. John Spooner, Tresideht of the Council. Doctor John William Sober. The Hon. John Spooner, Jun. Mr. John Soper. Thomas Spencer, Esq, John Straker, Esq. John C. Straker, Esq. Mr. John Seed. Mr. Thomas H. Shepherd. Thomas Sealy, Jun. Esq. Henry Sealy, Esq. Mr. Ghristopher Saint-Hill. Mr. James R. Sample. William Shand, Esq. Liverpool. John Sober, Esq. John Springer, Esq. GayVCove.. Mr. Horatio Nelson Springer. George Wallwyn Shepherd, Esqi Mr. William. Sptinger. Mr. Richard Smitten. Mr. John Springer,' Jun. Mr. Thomas Johnson Springer Mr. Benjamin Stoute. Mr. Enos Skinner. Edward Skeete, Esq. Jacob Skinner, Esq. Mr. Richard Stoute, Jan. Hugh Williams Straghah, Esq; . Richard Skinner, Esq. LIST OF John Simpson, Esq. John Suleyan, Esq. Henry P. Simmons, Esq. Mrs. Alice Southwell. Samuel Taylor, Esq. William Carter Thomas, Esq. George Toosey, Esq. Mr. Henry Skeete Thomas. Mr. Henry Taitte. Thriothy Thornhill, Esq. The Rev. Anthony K. Thomas. Mr. John Howell Todd. Mr. Henry Thorpe. Thomas Clarke Trotman, Esq. Dowding Thornhill, Esq. Henry Thornhill, Esq. Doctor Joseph Taylor. Mr. John Taylor. Henry Trotman, Esq. Thompson Isly Thorne, Esq. W. Mr. William Wilson, Bristol. Benjamin Walrond, Esq. John Walton, Esq. Mr. James Wallcott. Mr. William Wayne. Mr. Henry Thomas Ward. Mr. Samuel Watt. Capt. Rees Webb. Capt. William Wilson. SUBSCRIBERS. Mr. John Williams. _ Mr. Jonas Wilkinson. Mr. Richard Wall. Stephen Wallcott, Esq. Robert James Wallcott, Esq. Thomas Went, Esq. Hamlet Wilson, Esq. Mr. William Welch, London. Mr. Thomas Williams, St. Joseph's. Mr. Richard Wood. William Welch, M.D. Mr. John Ward, Jun. Mr. William Wilkinson. Thomas Williams, Esq. St. Thomas's, James Thomas Williams, Esq. Mrs. Elizabeth Williams. Miss Ruth Whitfoot. George Williams, Esq. Mr. Thomas Williams, Jun. St. Thomas's John Walton, Esq. Mr. Thomas W. White. Thomas Yard, Esq. Mr. William T. Yearwood. Mr. Lewis Young. Mr. Samuel Yearwood. Mr. James Johnson Yearwood. Doctor John Kelly Yearwood Mr. George D. Yong«, - Mr. Howard Griffith Yearwood. ERRATA. Por " Barbadoes" read fC Barbados" througliout the Work j a deviation from the Author'* orthography, occasioued by the iuadvertence of the Pnntei, and, unfortunately, discovered too late to admit of a general collection. In the List of Subscribers for James Ansae read Anstice, and after James Cavan, Egq. add 2 Copies. Page 40 note, for Kindall's rtad Kendall's. 60 note, line 20, add ["] after whatever. 94 line 18,/or art. become read had become. 131 9tJ'or temperary read temporary-. 14-1 lit for goods read gods. 14'1* l?,for Lordship's read Lordships'. 218 5 ? Jo*' wrecking read wreaking. 2','o note, for but have read but I have. 345 note, line ?yfor me read time. 313 line Hi, for broth.er-iu.-law read brother. 319 note, for compiler read compilers. 320 line lC,/br general y read general. 336 last word but one, for into read in. 340 line 6, for nor read or. note, Jbr pregnant read poignant. 356 line l~,jor collector read collection, and dele the comma. 375 £C,for Jame read Jame-,'. 444 last line, /or ank read rank. 469 11, for nor read or. 4"3 last line, for vote read opposition. 528 li,for nor read or. 535 l&t for were read where. 53G..,...ll,Jb7- implicated read complicated. 586 7. for agreeable read agree dbly. 592.,... ,l4Q,Jbr their read the. 622 11, for Hughes read Hugnes. 661 last line but one, for government read governor. Tn the marginal dates, from page 490 to page 5\~ read 1T8U, from 517 to 540 read 1782. from 540 to 558 read 1783. from 558 to 572 read 3784. Page 572 read 1785. from 573 to 578 read 1786. from 578 to 583 read 1181 . from 583 to 585 read 1788. from 585 to 589 read 1789. Pages 589 and 590 read 1790. /rows 590 to 597 read 1791. THE HISTORY OF BARBADOES. CHAR I. THE ISLAND DISCOVERED — GRANTED TO THE EARL OF MARLBO ROUGH — A SETTLEMENT MADE BY COURTEEN GRANTED TO LORD CARLISLE — A SECOND SETTLEMENT MADE BY A COMPANY OF MERCHANTS DISPUTES BETWEEN THE SETTLERS — SIR W. TUFTON APPOINTED GOVERNOR — SUPERSEDED BY HAWLEY — TUFTON EXECUTED FOR MUTINY PRUDENT ADMINISTRATION OF MR. BELL — SUGAR CANE INTRODUCED AFRICAN SLAVES — STORY OF INCKLE AND YARICO— A CONSPIRACY AMONG THE NEGROES. : i .;,¦ 1 1 ¦ THE discovery of Barbadoes is involved in greater ob- chap. i. scurity than that of any of the adjacent islands. Placed at the south-eastern extremity of the great American Ar chipelago, it remained unknown, or unnoticed, for upwards of a century after the bold and enterprising genius of Colum- THE HISTORY chari. bus had extended the bounds of the habitable globe, and added a new world to the dominions of Spain. No mention is made of this island in the journals or charts of any Eu ropean navigator earlier than the year one thousand six hundred. Hence there is reason to believe that it was the last known of all the Caribbees. From its geographical po sition*, it seems most likely that Barbadoes was first seen and visited by the Portuguese. These adventurers, in their voyages to the coast of Africa, or to their settlements in South America, might have been driven by contrary winds, or adverse currents, within sight of its shores. Cu riosity, or the want of refreshment, probably induced their nearer approach ; but the rude, uncultivated aspect of the country, which they found without inhabitants, and desti tute of every article necessary for human accommodation, was little calculated to induce these travellers to remain long on a spot incapable of yielding those advantages which were then the principal objects of European pursuit in the western hemisphere. Its natural beauties and favour able situation for commercial purposes were overlboked by men whose sordid minds were wholly occupied with the hope of obtaining the immediate possession of -gold -and silver. To render their discovery, however, in some measure useful to themselves, or to such of their countrymen as should have occasion to touch here, in any of their future voyages, they * In lat. 13 deg. 5. mm. N. and longitude 59 deg. 41 min. W. OF BARBADOES. i planted some vegetables, and left a few swine for the pur pose of propagation. From the Portuguese the island obtained the name of Las Barbadas ; in allusion, as some writers have supposed, to the barbarous, inhospitable state of the country. The learned author of the Natural History of Barbadoes, how ever, with much greater probability, conjectures this ap pellation to have signified the Bearded Island, from the vast number of Indian fig-trees with which it abounded. The wide spreading branches of this venerable tree send forth innumerable fibres which, by the help of a warm imagina tion, might, not unreasonably, have been supposed to re semble those luxuriant beards which were so much in vogue in those days*. — — i mm * Our great English epic-poet represents this tree as affording the first covering made use of by Adam and Eve, after having exchanged their innocence for a con sciousness of shame, and thus accurately describes its grbwth ; The Jig-tree, not that kind for fruit renown' d, But such as at this day to Indians known. In Malabar or Decan spreads her arms; Branching so broad and long, that in the ground The bending twigs take root, and daughters grow About the mother tree, a pillar' d shade ! High over-arch' d and echoing walks between. •' It is under this tree that the Brahmins and the devotees of their religion celebrate their rites. The pagodas are usually erected in the neighbourhood of this friendly B 2 THE HISTORY Abandoned by its original discoverers, Barbadoes conti nued unfrequented till the year, one thousand six hundred and five. At that time a vessel, called the Olive, belong- to Sir Olive Leigh, returning from Guinea, accidentally put in here, and landed a part of her crew near the spot on which the Hole-town was afterwards built. Here they erected a cross, and took possession of the island in the name of their sovereign ; inscribing these words on a tree in the vicinity of the place where they landed, " James, King of England and of this Island." They then proceeded along the coast until their progress was obstructed by the stream since called Indian River, from the Indian imple ments and utensils found there. Here, again, they fixed some memorial of the title which the right of occupancy conferred on the crown, to this distant and hitherto neg lected territory. But finding no refreshments necessary for persons in their situation, not even fresh water, (no springs or reservoirs of that useful element being at that time ac cessible to strangers) they quitted their new acquisition and sailed for Saint Christopher's, where the establishment of a colony had been recently attempted by thirty-three Eng lish settlers. shade. It is common for the Indian to take up his abode under this tree, and to re. main stretched at his ease in the shade, while every thing, exposed to the rays of the sun, is scorched with intolerable heat." Vide Perceval's Account or Ckylon. OF BARBADOES. After this visit Barbadoes appears to have been thought CHAP- ' of no more, until some Dutch men of war, v/hich had been employed on a secret expedition against the Spaniards, re turning home, chanced to stop here*. It may be proper to observe, that this account does not agree with that given by the compilers of the Universal Historyf; by which it would seem that these vessels were particularly licensed by the Spanish court to trade to Brasil. But, notwithstanding the Spaniards and Portuguese endeavoured to exclude the other nations of Europe from any participation in the com-* merce with their settlements in the new world, if we may credit the Abbe Raynal, the Dutch had long been engaged in an illicit intercourse with Brasil. vAt length the West India company, established in Holland, had, about this time, wrested that valuable country from the Spaniards, under whose yoke it had fallen by the subjugation of Por tugal. Whether these vessels were fair traders, smugglers or ships of war, is immaterial. Certain it is, that their crews, having procured some refreshments at Barbadoes, and finding the soil capable of cultivation, were induced, on their return to Europe, to speak of it in the most fa vourable terms. These particulars having been communicated to Sir Wil liam Courteen, a principal merchant of the city of Lon don, by his correspondent in Zealand, his enterprising ge- * Memoirs of Barbadoes, p. 3. f Univ. Hist. vol. 41. p. 13J. 5 THE HISTORY nius was fired with the magnificent project of making an effectual settlement on the island. In this design he was soon confirmed by the arrival of a ship of his own, which returning from Fernambucca, ' in Brasil, was driven, by stress of weather, on the coast of Barbadoes. The seamen belonging to this vessel, having explored the country, were pleased with the bloom and verdure which every where met their view; and having procured some provisions, probably part of the hogs formerly left here by the Portuguese, they proceeded on their voyage. The representation made by these mariners, on their return to England, of the beauty and fertility of the island, and of its advantageous position for diffusing the commodities and manufactures of Europe among the rising colonies in the Caribbean Sea, made such an impression on the minds of people, that the Earl of Marlborough, afterwards Lord High Treasurer, obtained from James I. a patent for the island, to him and his heirs for .ever*. This grant did not obstruct the execution of Sir William Courteen's design. Persisting in his original intention of making a settlement which promised fair to improve his for tune ; and having obtained the sanction of the noble pa tentee, he fitted out two large ships at his own expence, supplied with men, arms, ammunition, and every thing requisite for establishing a colony, and securing it from in- * Univ. Hist. vol. *1. p. 131. Edwards's Hist. West. Indies, vol. 1. p. 323. OF BARBADOES. 7 vasion. Of these ships one only, the John and William, CHAT>- *• commanded by John Powell, arrived at Barbadoes. Thirty Tf^l57 men were immediately landed * on the spot which had been taken possession of nearly twenty years before by the crew of the Olive. Here these adventurers commenced their opera tions, and laid the foundation of a town, which, in honour of the prince on the throne, they called James Town, since denominated the Hole-town. In all enterprises, in which numbers are concerned, the necessity of submitting to the guidance and authority of a particular chief, or leader, whose power may control the actions, and whose judgment may direct the efforts of every individual to the advancement of the common good, is a principle of the most obvious utility, whether the as sociation be civil or political. The first step taken by these early colonists was the appointment of a proper person to superintend and govern the infant settlement. For this purpose, William Deane was unanimously chosen and in vested with the authority of commander in chief. The British flag was then displayed, and they proceeded to for tify themselves as well as the nature of their circumstances would permit. In reviewing this early period of our colonial history, every liberal mind must glow with conscious satisfaction * Memoirs of Barbadoes, p. 3. Of these settlers William Arnold was among the first who landed. 8 THE HISTORY on reflecting, that the settlement which we have teen con templating, was quietly effected without the, perpetration of those atrocious acts of cruelty and injustice which marked the progress of the Europeans in every other part of the new world. Abandoned by its aboriginal inhabi tants, if any such there were, for some cause wholly un known to us, Barbadoes, according to every principle of natural law, became the rightful and legitimate property of the first occupants* Although the English found the island uninhabited, the Reverend Mr. Hughes seems very unwilling to relinquish the idea of its having been formerly occupied by some sa vage tribes. He has prosecuted the inquiry concerning these people with much industry, and collected, every cir cumstance that could give weight or add probability to his opinion. He relies, however, on facts, which, though indisputable, are b}T no means conclusive; " that there are several places in the island called after their names; and that in these very places there are daily dug up such marks of their former residence as were peculiar to the Indians*." But after all the pains which the learned divine has taken, the proofs that he has collected are insufficient to establish the point in dispute. They only shew that the neighbour ing Caribs occasionally visited this delightful spot for the purpose of hunting and fishing ; and, perhaps, to procure * Natural Hist, of Barbadoes, p. 5 and 7. OF BARBADOES. suitable clay for manufacturing the various domestic uten sils with which, he asserts, the Leeward Islands were stip-> plied from hence. Of this there is the most indubitable evidence. Ligon, who visited this island about twenty years after the arrival of the first settlers, relates, that the natives of the neighbouring islands, most likely of Saint Vincent and Saint Lucia, from their proximity of situation, frequently Came hither in their canoes or periaguas, for the sake of hunting the hogs that had been left here by the Portut- guese ; which, he observes, furnished them mth flesh of a sweet and exeltent flavour. In these excursions they would sometimes spend a month or longer ; and then returning home, leave behind them many tools and other implements, chiefly pots of several sizes, in which they boiled their meat. These pots were made of clay, so finely tempered and turned with such art, that our author affirms, he had not seen amjlike them, for fineness of mettle ana\ curiosity of turn ing in England*. This account of these desultory visits is corroborated by xfie ingenious natural historian himself, who adds, that their frequent arrivals and departures were always in the wane of the moon, for* the benefit of light nights ; that when any difference arose between them and the English, the In dians retired to the woods until they were presented with * Ligbn's Hist, of Barbadoes, p. 23. 10 THE HISTORY a favourable opportunity of returning home ; and that then, in their way down to their canoes, they would cover them selves with green boughs to elude, the search of the Eng lish. During their transient residence in the country, they made the earthen-ware already mentioned ; and, like the ancient idolaters of Europe and Asia, formed, out of the same , materials, , sensible representations of the, , invisible deities whom they adored, and absurdly worshipped the work of their own hands. Many of these images were seen by Hughes as late as the year one thousand seven hundred and forty-eight.-! Among them was one, of which the head alone weighed above sixty pounds*. Thus it seems easy to account for the number of Indian remains which have been found in different parts of the country, and to . reconcile the Indian names still borne by many places with the uninr habited state of the island when first discovered by Eu7 ropean navigators. Some years previous to Courteen's attempt to ^ establish a colony in Barbadoes, Mr. Thomas Warner had engaged in a similar undertaking at St. Christopher's. This settle ment was in a prosperous condition,; when the hopes of the planters were suddenly destroyed by a dreadful hurri cane, which desolated their plantations. To repair the inr jury sustained by this calamity, Warner was obliged to re- * Nat, Hist, of Barbadoes, p. 7. OF BARBADOES. ' n turn to England to solicit the assistance of his friends. Upon this occasion he applied to James Hay, Earl of Car lisle, who readily patronised the adventurous settler, and, by his powerful support, preserved the colony from ruin. Warner's application opened a new and splendid prospect to the ambitious peer. He saw very clearly the power and opulence which he might, by prudent management, derive from an extensive establishment in the West Indies ; and, to secure the important advantages thus accidentally thrown in his Avay, immediately applied to Charles I. who had re cently ascended the throne, for a grant of all the Caribbee islands, to be formed into a palatinate, or proprietary go vernment, under the name of Carliola. The unfortunate monarch, to whose want of firmness may be ascribed most of the misfortunes that embittered his reign, readily yielded to the importunity of a powerful favourite, and gave the necessary orders for preparing his patent. This grant was strenuously opposed by the Earl of Marlborough,, as c af fecting his prior right to the island of Barbadoes, and pro duced^ tedious litigation between the two claimants/which1 was at length compromised, on Lord Carlisle's agreeing to pay to the Lord Treasurer, and his heirs "for ever, an an nuity of three hundred pounds; in lieu of his claim. This dispute being thus adjusted, the Earl of Carlisle's patent passed the Great Seal on the second day of June, one c 2 la THE HISTORY thousand six hundred "and twenty-seven, and his Lordship became sole proprietor*, -m ; determined to prosecute his scheme with vigour. De serted, as we have seen, by his former patron, he now sought the protection of the Earl of Pembroke, lord chamberlain of the household. This nobleman, encou raged by the favourable representation made to him of the condition of the new settlement, generously undertook to promote the interest of the worthy citizen, by whom it had been established, by an immediate application to the King*. Charles, who is generally allowed to have had sagacity enough to perceive what was right, though he sel dom had resolution to practise it, thought no more of the grant to Lord Carlisle than if it had never existed; and as his lordship was at that moment employed in a diplomatic character abroad, he could give no opposition to an appli cation so repugnant to hjs prior right. The field being thus left open, the Lord Chamberlain pressed his suit with such Feb. 25t. successful assiduity, that he soon obtained a grant from his royal master, for the island of Barbadoes, in trust for Sir William Courteen. It is scarcely possible to account for * Mem. of Barb. p. 9. Univ. Hist. vol. 41, p. 132. + To anticipate any misapprehension concerning the chronology of these early events, it must be remembered, that until the introduction of the new style in 1752 the year was reckoned to commence on the 25th day of March. Hence all transac tions between the first of January and the twenty-fourth day of March, are dated as if they had taken place, according to the present computation, one whole year earlier. Thus, for example, the grant mentioned in the text, agreeable to the new style, would bear date, February 25, 1628. OF BARBADOES. 19 such versatility and inconsistence in the king's conduct, CHAP. I. otherwise than by supposing that the opulent merchant 1628' might have been able to relieve the wants of his necessitous sovereign. This conjecture will appear the more probable, if we recollect the mean shifts and illegal exactions to which the pecuniary embarrassments of that unfortunate monarch compelled him to resort. The Earl of Carlisle, soon after the passing of this grant, returned from his embassy; when, being informed of the settlement which had been made upon an island within his province, he determined to adopt such measures as would frustrate the designs of his competitor, and establish a co lony of his own ! Incensed at the grant which had been so surreptitiously obtained, he complained to the King of the advantage which had been taken of his absence to deprive him of his property. The irresolute Charles, who through out the whole transaction, was more culpable than any body else, exhibited a fresh instance of his want of firm ness ; and, to appease the resentment of his irritated fa vourite, revoked the patent to the Lord Chamberlain, and reinstated the Earl of Carlisle in the possession of the terri tory of which he had so recently and unjustly deprived him. Having gained this point, the next steps to be taken by the earl, were to make an effectual settlement on the island, and to concert proper measures for securing to himself the advantages it was capable of yielding. With this view he d 2 20 THE HISTORY contracted with a company of London merchants, consist ing of Marmaduke Brandon, William Perkins, Alexander Banister, Robert Wheatly, Edmund Forster, Robert Swin- nerton, Henry Wheatly, John Charles, and John Farring- don, for a grant of ten thousand acres of land, on condition of his receiving from each settler forty pounds of cotton annually; and allowing them the privilege of sending out, in quality of governor, a proper person to superintend the settlement and conduct their concerns. For this purpose Charles Wolferstone, a native of Bermuda, was made March 29. choice of, and received a commission from the noble pro prietary *« empowering him to use, exercise, and put in ex ecution, the office of governor, commander-in-chief, and captain, in doing justice, deciding controversies, keeping his Majesty's peace, and punishing offenders according to the quality of their crimes, and according to the laws of England*." Armed with these powers, Wolferstone, accompanied by sixty-four persons, arrived in Carlisle-bay, and landed on the twenty-fifth day of July, one thousand six hundred and twenty-eight. Each of these settlers was entitled, on his arrival, to one hundred acres of landf. They fixed their residence in the vicinity of the bay, where they built houses * Mem. Barb. p. 10. Univ. Hist. vol. 41, p, 132. + Of these adventurers, the names of two only have reached us : S, Bulkley and J. Bummers, who established themselves in St. George's parish. OF BARBADOES. n for the reception of their stores; and, for the facility of a. chap. i. communication between the opposite banks of the river, im- which intersected the ground, they constructed a wooden bridge, whence the new settlement obtained the name, of Bridge-Town*. The Carlisle settlers, to distinguish themselves from those established by Courteen, assumed the appellation of wind ward-men, while the others were denominated leeward-men. Wolferstone, soon after his arrival, in conformity to his instructions, appointed John Swan to be his lieutenant, and created a council, whom he invested with a portion of legis lative and executive authority. Before this tribunal the governor summoned the Pembroke settlers to appear; affirming, that they had no legal title to the lands which they held; and treating their settlement as a palpable encroachment on the rights of his patron. They accord ingly made their appearance at the time and place ap pointed; but not in a temper to listen to any proposals made them by Wolferstone. They utterly disclaimed all dependanceon the Earl of Carlisle; and, peremptorily re fusing to submit either to his authority or that of his gover nor, returned home that night. * Ligon's Hist. Bart), p. 25. Hugiies, however, is of opinion, that this town derived •its denomination from an InSian bridge thrown over a narrow neck of the bay by the Caraibs. Nat. Hist. p. 6. Hence it is evident, that this capital was always known by the appellation of Bridge-Town ; yet in all legislative and judicial proceedings, it is most absurdly called Saint Michael's Town ; a name equally unknown to historians and geographers. * 22 THE HISTORY chap. i. Upon this occasion, Deane, who, it seems, was also a 1628. Bermudian, deserted them; and having submitted to the governor, was intrusted with the command of a party of armed men, who were detached in order to reduce them to subjection. Abandoned by their faithless leader, the lee ward settlers arrayed themselves under the direction of John Powell, son of the mariner who brought them to Bar- Sept. 14. badoes, and marched out to meet their adversaries. The hostile parties met at Palmeto fort, near the Hole Town ; and, prompted by mutual animosity, prepared for action. Happily the effusion of human blood was prevented by the humane interposition of Mr. Kentlane, a pious clergyman, who, rushing between the angry disputants, prevailed on them to suspend their mutual resentment, and refer their differences to the determination of the noble personages, whose opposite interests had occasioned the contest. Peace being thus restored, the Pembroke settlers acknow ledged Wolferstone's authority, and Powell became the prisoner of his fortunate rival*. The calm, however, was Jan. 14. not of long duration. Henry Powell, soon after this ar rangement, arrived, and brought with him a commission from the Earl of Pembroke, appointing John Powell gover nor of the colony. Wolferstone now, in turn, became the prisoner of his former captive. Taken by surprise, he and the perfidious Deane were conveyed on board ship, loaded * Mem. of Barb. p. 12^ OF BARBADOES, 23 with fetters, and sent to England. Powell enjoyed his tri- chap. i. umph but a short time before he experienced the mutability 1629° of fortune. Hearing of the disturbances which existed in the colony, Robert Wheatly, one of the merchants con cerned in the contract with Lord Carlisle, determined on making a voyage to Barbadoes, accompanied by Captain Henry Hawley, in the hope of being able, by his presence and prudent management, to adjust all differences. This gentleman, artfully concealing his intentions, on his ar rival, invited Powell on board his ship, where he was kept April 9. under confinement until he could be sent to England to answer for his conduct. Incensed at this injurious treatment, the leeward settlers ap«i 16. instantly resumed their arms, with the design of avenging the insult offered them in the person of their chief, and of extirpating the Carlisle settlement*. In this spirited attack, however, they met with such a vigorous resistance as com pelled them to a precipitate retreat. For this gallant de fence, the windward-men were honoured with the thanks of their noble patron, who farther rewarded their bravery by allowing them their goods free from any charge of storage for the term of seven years. In the mean time, the noble peers, whose opposite claims had produced these contentions, did not remain indifferent spectators of the disputes. They appealed to * Univ. Hist. vol. 41. p. 134.- 24 THE HISTORY chap. I. the King; each complained of the injustice with which he l8^- had been treated, and endeavoured, by plausible objec tions, to invalidate his competitor's pretensions. Finding that the Lord Chamberlain's title rested principally on some informality in the original charter granted to Lord Carlisle, his Majesty ordered a second patent, made out on the seventh day of April, correcting and explaining the errors imputed to the first ; and confirming, in the most ex plicit and unequivocal manner, the former grant to Lord Carlisle. The Earl of Carlisle, having thus overcome all opposition, and rendered himself lord paramount of Barbadoes, thought now of providing for the security of his subjects. To this end he gave a commission to Sir William Tufton, appoint ing him commander-in-chief of the island. This gentle man, accompanied with a sufficient force to reduce the dis contented settlers to obedience, arrived at his government Decern. 21. early in December, and immediately applied himself to business. The first step taken after his arrival, was the appointment of a council*, with whom he held a court orf general sessions of the peace. He issued one hundred and forty grants for nearly sixteen thousand acres of * Curiosity will not, it is presumed, quarrel with us for inserting a list of the members of this board, in which it is easy to recognise the origin of the second branch of the legislature ; S. Andrews, Captain Talbot, T. Peers, R. Hall, R. Leon- ard, A. Marbury, H. Brown, Captain Hey wood, T. Gibbes, D. Fletcher and W. Birch. OF BARBADOES. 25 land, and confirmed those which had been already given, chap.i. During his short administration many laws were enacted, l629- with the consent of his council; and the part of the country which had first yielded to the arts of cultiva tion, was divided into the six parishes of Christ Church, of Saint Michael, Saint James, Saint Thomas, Saint Pe ter, and Saint Lucy*. The governor was proceeding in the adoption of such measures as appeared to be most essential to the welfare of those over whom he presided, when he was unexpectedly interrupted by the arrival of Henry Hawley, who brought June. with him a power to supersede Tufton and to assume the government. It has been conjectured that Sir William had drawn upon himself the displeasure of the noble pro prietary ; but, as no cause has been assigned for this dis like, it is highly probable that Ins removal was not owing to his own misconduct. The fact is, that Hawley, who on his voyage home, the last year, had been captured by the Spaniards, had, on his return to England, pro cured from Lord Carlisle a grant for a considerable tract of land. In negotiating this business, it is not unlikely that an artful man, such as Hawley appears to have been, should have had recourse to some unfair means to prevail en a nobleman, governed only by his interest, to in vest him with the supreme authority over this distant settlement. * Memoirs of Barbadoes, p. 1 +, B 26 THE HISTORY Tufton calmly submitted to the arrangement which deprived him of his employment; but, suspecting that some improper influence had been used to prejudice him, he appears to have cherished a secret resentment against the suspected author of his downfall. Nor was it long before he was furnished with an opportunity of shew ing his animosity. About this time the colony suffered very severely from the effects of a long continued drought, which occasioned so great a scarcity of provisions, that the planters were reduced to the utmost extremity. Ac tuated, as was alleged, by motives of personal enmity to the governor, Sir William prevailed on many of the inhabitants to join in a petition to his excellency, com plaining of his withholding from them certain stores, which had been sent out by the Earl of Carlisle for the relief of the sufferers, during the late calamity. Incensed at this proceeding, Hawley now determined to destroy the man whom he had already injured. A council of twelve persons* had been previously appointed to assist him in framing such ordinances, as should be deemed expedient for the public welfare, and to serve as a court of judicature. Before this tribunal Tufton was arraigned, on a charge of mutiny. Although Sir * These persons, whose names deserve to be remembered with execration, were Sir R. Calvily, T. Peers, T. Gibbes, Edm. Reed, J. Yates, T. Ellis, W. Riley, R. Leonard, W. Kitterich, F. Langdon, Reynold Alleyne, and W. Dolin. OF BARBADOES. ' 27 William's conduct was not altogether free from blame, chap, l there certainly was not the smallest foundation for the l63°- charge exhibited against him. Nevertheless, the servile court, awed into a mean compliance with the sanguinary designs of their arbitrary principal, found the prisoner guilty of the crime with which he stood accused, and April n. condemned him to be shot to death. This iniquitous sen tence was suspended until the next month, and then exe cuted without remorse*. A transaction so cruel and illegal, excited the most lively indignation and discontent throughout the province. The death of this unfortunate gentleman was universally regard ed, as an act of the greatest cruelty and injustice. The governor himself was abhorred as a tyrant and a murderer; and in the subsequent fate of the base instruments of his revenge, the superstitious, who, in the dispensations of Providence, always pretend to discern the retributive arm of Omnipotence, were persuaded, that they beheld the Di vine justice particularly displayed in the punishment of the guilty judges. The innumerable emigrations from Europe, added to the natural fecundity of the human species, had, by this time, so increased the population of Barbadoes, that it became * Mem. of Barbadoes, p. 17. Univ. Hist. vol. 41, p. 135. It may, perhaps, be thought strange that, notwithstanding the indisputable authority on which these facts are related, the author of the Short History of Barbadoes, should have passed over these and many other important particulars in total silence. E 2 <28 THE HISTORY cj^^, necessary to establish judicatories for the distribution of jus- i63p. ^.j^ m c^v^j cases> Accordingly the island was this year divided into four precincts, in each of which a court of cammon-qpleas, consisting of a chief judge and four assist ants, was appointed to be holden every month, for the puiv yose of determining all causes of litigation, not exceeding ¦the value of five hundred pounds of tobacco, subject to aa appeal to the supreme court, in which the governor prer sided in person. In this institution, we may perceive the first rude sketches, though imperfectly defined, of that er roneous judicial system, which has been handed downto the •present day, sanctioned rather by the force of deep-rooted 'prejudices, and the respect due to ancient customs, than to any experience of its wisdom and efficacy. r The supreme. court, at present, consists of the governor and'eouncil, and takes cognizance of all grievances and. ^erlbneous ; proceedings in the inferior courts. Five members of the council, with the governor, make a quorum for 'transacting business in their judicial, as in their legislative capacity. They constitute a court of error and equity, in which .the ;goyernor, though he: has the style and title of chancellor, ipresides only as primus inter pares ; his vote or -opinion being of no greater importance than that of any other member. Some writers on West Indian politics have eensured this-- practice, as a radical imperfection in the con- ' stitution of the colonial chancery. They conceive that j us- tice would be more uniformly, promptly and impartially. OF BARBADOES. 29 administered, were the governor here, as in most of the chap.i. other colonies, sole chancellor. 1^31- Among the Leeward Islands, the commander in chief is chancellor of each, by virtue of his office. "Attempts have been made at St. Christopher s to join the council with him, but without success; the inhabitants choosing rather tosub- mit to the expence and delay of following the chancellor to Antigua, the seat of government, where the court of chancery is usually held for those islands, than suffer the inconveniency of submitting their suits to the decision of j,udges, who, from their situation and connexions, may be interested in the event of every cause that should come before them*." On this subject the sentiments of an ingenious writer on1 our colonial constitutions merit attention- " A. governor," says he, "has fewer connexions in the country, and is less liable to influence than either of the council, who for the most part are natives. A gentleman who has interest to obr tain a government, must be a man of some character and distinction. He is responsible for his conduct, and has at stake the loss of office.. When he sits alone, let his dispo sition be what it may,, he will hardly venture to> commit any flagrant act of injustice. But when a dozen counsel lors are placed on the bench with him, defendit numerus, if they are inclined to do mischief, they keep each other in * Edwards's Hist. Of the West Indies, vol. 1, p. 431* 30 THE HISTORY countenance. It very seldom happens that either of these counsellors has been bred to the law, and a governor can have little assistance, and the country little benefit, from twelve gentlemen being placed on the chancery bench, with no knowledge of law. Besides, in small communities, scarce any cause can cdme on, in which all who sit on the bench are totally disinterested*/' 1633. The clamours of the people, occasioned by the violent and arbitrary proceedings of the Governor, having at length reached the proprietary's ears, Mr.,. Hawley was called home. Though it was generally expected that he would there meet with the. punishment which he so justly deserved, for the murder of Sir William Tufton, he found an unmerited protection under the influence of his patron, who prevented any inquiry into the affair. April 3. On the departure of Hawley, his brother-in-law, Richard Peers, assumed the government. Of the deputy-governor's administration nothing is recorded, except, that under his authority two persons were condemned, by a court martial, to suffer death for treasonable practices against the colonial government, and that they were executed pursuant to their sentence* 1 ¦• ryrr •, Hawley returned the next year with fresh powers from the Earl of Carlisle, and particular instructions concerning the issuing of grants for land. He was positively enjoined 1634. *pril 7. 1 Stokes's View of the Constitution of the Colonies, p. 197. OF BARBADOES. 31 to make no grants for a longer term than seven years; or, chap.i. on any condition beyond the life of the grantee; reserving 163*- to the earl the payment of an annual tribute, and securing to the governor and the clergy their respective dues ; other wise the estate so granted was to determine, and the land to revert to the proprietary. Neglect of cultivation, and omitting to provide a servant for every ten acres, were also declared to be causes of iforfeiture*. These particulars are worthy of attention, as they serve to elucidate the nature of the tenure by which the early settlers held their planta tions, and to throw some light on the delicate question which occurred on the island's reverting to' the crown. By an order of the governor and council, a tax of twenty shil lings, for his excellency's use, was imposed on every fo reign vessel which should arrive at this island, for trade or refreshment; with an additional duty of seven shillings per cent, ad valorem, on all goods which they should, offer for May22- sale, to be applied to the use of the harbour : a judicious application of an impolitic impost. Hawley soon afterwards resigned his authority a second time to Mr. Peers; and returned to England. The admi nistration of this gentleman was again stained with blood. At a general sessions of the peace, William Kitterich, one of Tufton's judges, was convicted of the murder of Cap tain Birch, and sentenced to be hanged; but, in-eonsider- ¦ - " , '•¦ '¦-¦¦-' ¦'•• •¦ ¦ ¦• - :- * Mem. of Barbadoes, p. 1!>. S2 THE HISTORY ation of his having borne arms as an officer^ the court mitigated the sentence, and he was ordered to be shot. Hawley quickly returned to Barbadoes, and, after ap pointing a new Council*, reduced the courts of common pleas to two precincts, extending their jurisdiction to suits not exceeding the value of ene thousand pounds of cotton -or tobacco; and appointed informers in each parish. The population had now greatly encreased, and of the inhabi- . tants there were seven hundred and sixty-4, all their strength. They published a kyyal and patriotic declaration, in which they expressed their unalterable determination to defend his. Majesty's lawful right to the possession of the island ; to protect the person of their governor; and to vindicate the liberties and immunites which they had enjoyed under the ancient constitution*. — ii - ..— — — .i f, ¦¦,»„ . I, ¦ ¦¦¦¦¦-. * Mem. of Barb. p. 27. Laws of Barb. Hall's Edit. p. 4,63. ., v»; I 58 THE HISTORY chap, il Meeting- with an opposition so unexpected, Sir George, 1651 '¦• having been frustrated in several attempts to effect a land ing, endeavoured to obtain, by intrigue, what he could not accomplish by force. To this end, he opened a nego tiation with the Barbadians; who* although they would not consent to acknowledge the supremacy of the parlia ment, proposed that Colonel! Alleyne, and the other re publican planters, who, in the expectation of subduing the island, had joined the fleet, should resume the peace able possession of their estates. This proposal was too fa vourable to be refused by such as were willing to sacrifice their principles to their interest. It was eagerly embraced by all except Alleyne, who having been appointed to con duct the landing of the troops, whenever a favourable op portunity should present itself for that purpose, obstinately adhered to the cause in which he had embarked. Mean while, Sir George, finding that his forces were inadequate to the conquest of the island, prudently desisted from any hostile attempt until he should have a better prospect Of rendering his efforts successful. 'This inaction on the part of that artful commander was calculated to impress the Barbadians with an idea that the danger was over. Whether it produced that effect is now uncertain; but the assembly, on Christmas-day, passed two acts; the first for settling the peace and quiet of the island ; the second for returning thanks to the well-affected to his Majesty, who had lately appeared in arms. But OF BARBADOES. 59 though the republican commander had suspended the exe- <^^J1, cution of his enterprise, he had not wholly relinquished his l65,i design. He brought his squadron to an anchor off Speight's Town, with a view of availing himself of the first oppor tunity of disembarking. But the formidable appearance of Lord Willoughby's army disconcerted all his schemes, till the arrival of a fleet from Virginia, by which he pre tended he had received "a considerable reinforcement* Profiting by this fortunate conjunction, the admiral made the necessary preparations for landing the troops, amount ing to nearly three thousand men. The descent was effected under the direction of Colonel Alleyne, who was killed by a musket ball, before he reached the shore. Notwithstand ing the loss of their leader, the republicans advanced with great vivacity, and attacked Lord Willoughby, who lay strongly posted near the fort ; after a sharp conflict, his lordship was driven from his intrenchments and the fort was taken possession of by the assailants, with the loss of about sixty of their men*. Far from being dispirited at this misfortune, Lord Wil loughby still kept the field at the. head of his brave militia, composed principally of the common people ; who, though they have the least to lose, will, on every similar occasion, be found the most firm and steady in the hour of danger. From the example before us, let our legislators learn to ap- * Univer. Hist, vol. 41. p. U2.— Naval Hist. vol. 2. p. 85. 12 60 THE HISTORY chap. II. preciate the value of a hardy peasantry ; and influenced by 1651. every principle of sound policy, encourage a class of peo ple who, in reality, form the physical strength of the country*. * Every man, even of common observation, must be convinced that the decline of the Barbadoes militia, is owing to the disastrous emigration of the lower classes of people. This growing evil requires some legislative remedy. In a country possessed of a po pulation so extensive as this is, and circumscribed within such narrow boundaries, every possible encouragement should be held out to the poor and laborious, to exert their industry and ingenuity in such useful employments as are suited to their hum ble condition. These men are not only the real effective strength of their country j they would add to its opulence were they placed in a situation to earn a subsist ence for their families. But, unfortunately, a different policy prevails among us. Few plantations have a sufficient number of labourers to cultivate their fields, yet many slaves are employed as tradesmen, who would be equally as profitably engaged' in agricultural occupations, while the industrious mechanic is destitute of employment. No wonder that, under such discouragements, he is compelled to forego his fond at tachment to his native soil, and emigrate to the neighbouring colonies, where his skill. and dilfgence are better rewarded. Thus the physical strength of the country" is daily diminished ; and the common stock deprived of a due proportion of"labour and industry. " The decay of population," according to an eminent political philo sopher, " is the greatest evil that a state can suffer; and the improvement of it, the object which ought, in all countries, to be aimed at in preference to every other poli tical purpose whatever. Goldsmith has adorned this sentiment with all the graces of poetry. " III fares the land to hastening ills a prey, Where wealth accumulates and men decay ; Princes and lords may flourish or may fade ; A breath can make them as a breath has made ; But a bold peasantry, their country's pride, When once destrcy'd can never be supply'd." OF BARBADOES. 61 As the island was completely blockaded by the British CS^£JI* squadron, it is more than probable that the governor would To check this alarming decrease of population two things are obviously necessary ; first to provide homes for the poor, and employment for the industrious. Among the ancient Romans we find frequent mention of Agrarian laws for the relief of the poor* That wise and politic people thought that it signified but little, if, while the senate and patricians lived in affluence, the veteran soldier pined in want and obscurity. It is not intended to interrupt our modern patricians in the quiet possession of their estates, by recommending this example to their imitation ; but it must be allowed, that there are very few plantations which cannot, without injury to the owner, spare a few acres of indifferent land at their extremities for the accommodation of the tenantry. This unfortunate, but useful class of people, ought to be assisted ; they deserve encou ragement. On the scanty glebes which may be assigned to them, they woul'd find rest when their labours were done, and shelter from the pitiless pelting of the storm. Here they would toil, and, enjoying the fruits of their industry, become useful members of the community. Sweet, to the mind of the most humble, is the little native cot, under whose lowly roof peace and security dwell. Another im - portant object is, to find employment for the industrious. To effect this grand desi deratum, one thing only is necessary, to confine our slaves, by an act of the legisla ture, to the labours of the field. This will furnish the inferior orders of people with an opportunity of gaining an honest livelihood in the various mechanical professions which luxury and necessity have introduced for the convenience or ornament of so ciety. Were this done, Barbadoes would furnish employ and subsistence for her nu merous sons at home; the security of the country would be strengthened by the ag gregation of faithful loyal subjects; the community would enjoy the advantages of a general circulation of the wages of industry ; and our planters would no longer re quire fresh importations of Africans for the cultivation of the land. Perfectly aware of "the objections to the execution of this plan, I can only lament the invincible obstacles which deep-rooted prejudices and mistaken avarice have raised to oppose its accom plishment : for I feel the strongest conviction that the day is not far distant, when the proposed regulations, had they been early adopted, would have proved the salvation of the country. ffi THE HISTORY ^^3' ^iaye keen eventually reduced to the necessity of capitulat- »65i. jjjg. yef. jt jg evident, from every account of this affair, that the parliamentary forces could have made no effectual im pression on the Barbadians had they continued united firmly among themselves. Sensible of this truth, and impatient of delay, Sir George Ayscue adopted the only plan which, in his circumstances, was likely to prove successful. His troops, which were quartered at Speight's Town, under the command of Captain Morrice, made frequent incur sions into the adjacent parts of the country ; plundering and destroying the neighbouring plantations ; a species of warfare, which soon produced the desired effect. Many of the principal royalists, who were less solicitous about their king and constitution than anxious for the preservation of their estates, despairing of a successful termination of the contest, and intimidated by the prospect of impending ruin, entered into a secret correspondence with the admiral. The tiegociation on the part of the Barbadians, was conducted by Colonel Modiford, who engaged, in case Lord Wil loughby should continue to reject all overtures of accomr modation, that he and all his friends would join the leader of the republican forces, and compel his lordship to sur render on fair and equitable conditions. Lord Willoughby, finding himself abandoned by those from whom he ex pected the most powerful support, had no alternative left. He was compelled to agree to a cessation of hostilities, and OF BARBADOES. 63 to appoint commissioners to arrange articles- of capitu- chap, nv lation*. ' iwu The circumstances which led to this pacification are va riously related by different authors. Ludlow, who had cer tainly the best opportunities of collecting correct informa tion, though his veracity is rendered liable to suspicion from Lb connexion with Cromwell, relates, that Lord Willough by had intended to make one bold effort to terminate the dispute, by charging his adversaries with a body of horser in which he was greatjy superior, had not a cannon-balIr foed at random, beaten open the door of a room where he and his council of war were sitting; which, taking off the head of the centinel who was placed at the door, so alarmed the governor, that he changed his design, and retreated to a distance of two miles from the harbour. And, on the republican army marching towards him, he proposed to treat for the surrender of the islandf\ The commissioners appointed by Lord "Willoughby were Sir Richard Peers, Charies Pym, Colonel Ellis, and Major Byham. Those on the part of the Admiral were Captain Peck, Mr. Seari, Colonel Modiford, and James Colleton; all of whom, excepting Peckr were opulent landholders on the island. These commissioners met on the seventeenth day of January, and proceeded to adjust the points referred i ¦ — — * Univ. Hist. vol. 41. p. H2. Naval Hist. vol. 2. p. 86. t Ludlow's Memoirs, vol 1, p. 395. Campbell's Lives of the Admirals, vof. 4, p. 269. 64 THE HISTORY C2^iJ' to their determination, with great- temper and moderation. The terms were soon settled by persons so much inclined to mutual concession and accommodation ; and were certainly as favourable to the governor and his adherents as could have been expected. It was agreed, that the island should be delivered up to Sir George Aysc'ue, in behalf of the commonwealth of England; that the"government should consist of a governor, council and assembly, according to the ancient custom ; the assembly tof be chosen by a free arid voluntary election of the freeholders in the several pa rishes. ; That no taxes, imposts, customs, loans or excise^ should be laid on the inhabitants of the island without their own consent in general assembly; and that all laws which had been made by former general assemblies, not repug-: nant to the laws of England, should still be: valid. It was also stipulated, that both parties should continue in the uninterrupted enjoyment of liberty and property*. But, whatever eulogies might have been bestowed on the mildness and equity of the terms prescribed or granted by the conquerors, it is evident that, after their accession to power, they assumed a much harsher and more imperious tone. Two months had not elapsed from the signing of the treaty, which, as he imagined, granted, him indemnity; * Univ. Hist. vol. 41, p. H2. Mera/bf Barb. p. 28. Edwards's West Indies, #ol. 1. p. 343. Campbell's Lives of the Admirals, vol. 2. p. 269. t .'.3; 7 OF BARBADOES. 65 freedom of person, and security of property, when Lord chap. ii. Willoughby was banished for life, by an act of the legisla- ,rl65f J ° March 4,. ture; and Colonel Humphrey Walrond, with several other eminent loyalists, was exiled for one year*. After the reduction of Barbadoes, the reins of govern- i6$2. ATarcli ^Q ment were placed in the hands of Sir George Ayscue. He, however, soon relinquished them, and proceeded to the con quest of the other colonies, which had maintained their allegiance to the crown. Before his departure, he caused the passing of several laws, by one of which Daniel Searle was appointed deputy-governor. Under this gentleman's isss. auspices the legislative councils were actively employed in providing for the public safety. The statute book con tains a long list of laws enacted during his administration, which, having passed under the usurper's authority, were afterwards declared null and void, except a few particular acts, which appearing to be of superior utility, were, for that reason, confirmed after the restoration. The inordinate ambition of Cromwell having prompted him to assume the government of the kingdom, under the title of lord protector, the politics of Europe received a new direction. The great continental powers acknowledged his authority, and courted his alliance; but the policy of the ambitious usurper soon plunged him into a war with Spain. All the English historical writers concur in condemning this * Vide Hall's Laws of Barbadoes, p, 464. K 66* THE HISTORY C^A^^- measure as unjust, dishonourable, piratical, and an open 1655. violation of the most solemn treaties. The elegant histo rian of the West Indies* alone vindicates the conduct of Cromwell; and proves, by the most unquestionable evi dence, that he was principally induced to undertake the War for the purpose of chastising the Spaniards, for the cruel ties which they were daily committing on the subjects of Britain in the western hemisphere. Be this as it may, the Protector, having determined on war, lost no time in equipping a strong squadron, under the command of Admiral Penn, with the design of attack ing the enemy in that quarter, whence he expected to ob tain the greatest advantages ; and in which the Spaniards had perpetrated the greatest enormities on the English set tlers. This fleet, in its passage to Hispaniola, touched at Barbadoes, where the troops, under Colonel Venables, were strengthened with a reinforcement of three thousand five hundred effective men ; an incontestible proof of the im mense population of the country at that time. The attack on Hispaniola having failed, the British commanders turned their arms against Jamaica, where their operations were more successful. The conquest of that island, while it opened a wider field for speculation and the exercise of in dustry, served to lessen the population of Barbadoes in no inconsiderable degree. Allured by the prospect of greater * Bryan Edward's, vol. 1, p. 142. OF BARBADOES. advantages on a theatre so much more extensive, many opu lent planters and other adventurers removed to Jamaica, where land could be procured in greater plenty, cheaper, and with less difficulty. After the death of Cromwell, and the deposition of his 1660. pusillanimous son, the committee of public safety, who assumed the management of the national concerns, appointed Colonel Thomas Modiford, governor of Barbadoes. This Juiyi&\ gentleman is represented as a steady adherent to the royal cause; but the prudence and moderation of his conduct had, it seems, recommended him to the confidence of the persons then in power. His administration, however, was short and unproductive of any interesting occurrence. The only law which received his sanction was an act li miting the existence of the general assembly to one year ; a term much too short for the dispatch of public business. The annual dissolution of the popular branch of the legis lature has been often found prejudicial to the public, by impeding the progress of many salutary laws for the secu^ rity and welfare of the community ; yet the evil remains unredressed ; the members fearing to begin the necessary reform, lest they should incur the resentment of their con stituents, for attempting to render the representative body less dependant on the elective. The infatuation which had long blinded the English, having gradually subsided, Charles II. ascended the throne amidst the acclamations of the very people who had led his father k 2 68 THE HISTORY to the block. This happy event was soon followed by some important changes in the government of Barbadoes. Lord Willoughby, by virtue of the authority which he derived from his contract with the Earl of Carlisle, immediately ap pointed his friend, Colonel Humphrey Walrond, the faith ful old royalist, who had been banished for his loyalty, de puty-governor of Barbadoes. To strengthen this commis sion, he obtained from the king a mandamus, appointing Walrond, president of the council, with directions to su- Dee. 17. persede Colonel Modiford, who, after a short reign of three months, calmly resigned his authority to his successor. Modiford, who had made a large fortune in Barbadoes, now went to Jamaica, where he found an ample field for employing his capital, talents, and industry. The people of that country, addicted to a military life, and animated by the piratical spirit of buccaneering, had attended but little to commerce and agriculture. But as Modiford tho roughly understood the true interest of the colonies, he inr troduced the arts of civilization, and instructed the inhabit ants of Jamaica in the proper culture and management of pimento, or allspice; in the manner of making sugar;, of planting cocoa groves, and erecting salt works* ; so that in a short time the arts of industry began to prevail over the fierce and immoral habits of the islanders; and Modiford, as a just reward for his services, was created an English ' Univ. Hist. vol. 41, p. 352. Raynal's Philas„ Hist. vol. 6, p. 332.. OF BARBADOES. 69 baronet, and promoted to the government of the island, chap. it. which he had civilized and improved. 166a Wbile Sir Thomas Modiford was thus nobly employed in diffusing the blessings of social life in one part of the em pire, President Walrond was no less attentive to the means of providing for the security of the country, and promot ing the peace and happiness of the people committed to his care. Some of the laws which were passed under his presidency appear to have been founded on the purest prin ciples of justice and patriotism ; though, as is too often the case, the means were not. exactly proportioned to the end. Among the most important of these laws is " An act for establishing courts of common pleas, and regulating the manner of proceeding in all civil causes." By this act, the island is divided into five precincts, in each of which a chief judge, and four assistants, appointed by the governor, durante bene placito, are empowered to hold courts, once in every four weeks, from the last Monday in January to the twenty-fifth day of September, for the decision of all con troversies concerning property and other matters of litiga tion, not cognizable by the criminal judicature*. * It has been observed by a learned' writer, who had' been himself a provincial chief justice, that " It is absurd to have many distinct superior courts in an island so small. Had there been but one established in the centre of it, for the whole island, five gen tlemen, who had some experience in the law, might have been found to fill the office of judges : but it is not conceivable, that such a small island can afford to pay proper 70 THE HISTORY Among the blessings of civil, society, the pure and im partial administration of justice is certainly one of the most important. The security of property, which is en joyed under the protection of just and equal laws, faith fully and impartially administered, is the strongest link in: the social chain; and the facility of obtaining a speedy re paration of injuries, is the most effectual means of reconcil ing the subject to a cheerful submission to the restraints of civil polity. But, unfortunately, the legal institutions of Barbadoes are not calculated to advance the attainment of these objects. The laws by which our judicial tribunals were nrst established, and their proceedings have been since regulated, are, in many instances partial, absurd, unjust and oppressive; particularly the act above alluded to, which, in many material points, is fun damentally bad. The first thing obnoxious to censure is the extraordinary number of judges which it establishes ; who compose a legal corps more than twice as numerous as the whole judicature of England. In the appointment of these gentlemen, little regard is paid to the mental quali fications, or scientific acquirements of the different candi dates for preferment. Though the solemn office of a dis penser of justice is generally filled by a man of character salaries to twenty-five judges; by which means none but a man who has little know ledge, and much vanity, will accept an office which is attended with little or no profit." Stokes's View of thb Constitution of the Colonies,- p. 256. OF BARBADOES. 71 and fortune, it is sometimes bestowed as a douceur to se cure to the commander in chief an undue influence over the public councils, or as a genteel establishment for some relative or dependant. Less caution is used in the choice of assistants. The ap pointment of these is claimed as the privilege of the chief judge, who does not always exercise the delegated power with becoming discretion ; but frequently makes his elec tion as chance, caprice, or personal favour may suggest. These puisne judges, possessed of an office without power or profit, are little more than cyphers on the bench ; and, however respectable they may be as private gentlemen, few of them are qualified, by their learning or abilities, to determine abstruse points of law, involving, perhaps, the ruin of families in their decision*. Thus a judicature is formed of men possessing neither legal erudition, nor forensic knowledge; who suspend the golden balance with timid hands, and wield the sword of justice with trembling nerves. No wonder then that the administration of justice should be irregular, precarious, * " Whenever judicial commissions are rendered so cheap and common, they be gin to lose much of their dignity and value in the eyes of many, even'among the wiser planters ; and, by this means, very unworthy and illiterate persons may pre sume to aspire to them, and thus make the office of an assistant disgraceful and useless." Long's Hisx. of Jamaica, vol. I, p. 71, 4. 72 THE HISTORY and uncertain. Unacquainted with the principles of civil jurisprudence ; ignorant of their power, and conscious of their deficiencies, the judges are thrown into a servile de- pendance on the gentlemen of- the bar, and even the more humble retainers of the law, who are thus enabled to clog the streams of justice, and obstruct their course. No im putation is intended to be thrown on the common sense, or the integrity of the magistrates who preside in our courts. The censure is levelled at the constitution of the public tribu nals, and not at the morality of the judge. Were integrity all that was Tequired, no men in the world would be bet ter qualified to sit in judgment than the judges of Barba does. But, with every allowance for probity and moral honesty, it cannot be doubted that they often fall into er ror, from an inability to discern what is legally right. Nor let it be said that it matters not, whether the judge be wise or simple, learned or illiterate, since the point at issue is to be determined ultimately by a jury. It is the peculiar province, the bounden duty of the judge, in all cases, civil and criminal, to sum up the evidence, explain the. law, and instruct the jury, in the verdict which they are to return*. But our juries have no such assistance. In civil cases they * " The judge imparts to the jury the benefit of his experience and erudition : the jury, by their disinterestedness, check any corrupt partialities, which previous appli cation may have produced in the judge." Paley's Philosophy, vol. 2, p. 241. OF BARBADOES. 73 are left to form the best judgment which they can on the most ^^S' abstruse points of law; puzzled and perplexed by the l66°- contradictory opinions and turbulent eloquence of venal advocates ; with no other guide to lead them through the mazy labyrinths of descents and conveyances, than the feeble light of uninformed reason and the dictates of a good conscience. A thorough reform in the constitution of our courts of law is absolutely necessary, to correct the evils which are now obvious to the most superficial observer; to promote the regular distribution of justice, and to support the dig nity of the public tribunals. Few precincts have busi ness enough to require a separate jurisdiction; and in none, that of Saint Michael's excepted, are the emolu ments of the office sufficient to encourage the judge to a punctual attendance on his duty. It cannot, therefore, be doubted, that the progress of justice would be accele rated > by reducing the number of courts to two*. But this alone would not be sufficient. The assistant judges should be selected from among gentlemen of libera! edu- * " Whenever there is in any country a number of courts independent of each Other, the rule of decision is not uniform ; and where there are many judges in a colony, scarce any question can come on but some of them are interested in the de cision, as friends or relations to one of the parties." Vide Stokes's Constitution of the Colonies, p. 26. 74 THE HISTORY chap. n. cation, distinguished abilities, and known integrity. As i66o. a recompence for their time and trouble, they may be al lowed the customary fees on probates and the examination of femmes-couvertes. The office of chief justice should be conferred on some able barrister of probity, study and experience, or reserved to reward either of the inferior judges, whose diligence and learning may entitle him to promotion ; with permanent salaries, sufficiently li beral to render the appointment respectable and lucra tive. . A laudable ambition would thus be excited in men of rank and professional eminence to devote their time and talents to the public service. The ingenuous youth of the island may then be induced to apply themselves to the study of the laws and constitution of their coun try, by which they may acquire both honour and profit. " It has been urged," says an enlightened historian, "-that a gentleman, liberally educated in England, and bred to the bar, who comes hither to earn a subsistence by his profession, and by merit is advanced in time to the of fice of chief justice, cannot be suspected of any undue partiality arising from family connections ; nor be so lit tle skilled in the piactice of a court of law as a gentle man born and educated in the island; that the making this post an object of emulation and pursuit, to able, honest and experienced lawyers, may prove an encouragement 4 OF BARBADOES. 75 for such to come over and practice here ; by which means chap. ii. the supreme court of justice will always be supplied with l66a men learned in the science, whose knowledge will bean acquisition to the public stock, and redound greatly to the credit and advantage of the island*." * Long's- History of Jamaica, vol. 1, p. 70. I 2 CHAP. Tfr THE HISTORY CHA£\ III. DISCONTENTS OF THE BARBADIANS ORIGIN OF THE FOUR AND A HALF DUTY-1— LORD WILLOVGH'BY HEStTMES THE GOVERNMENT —THE ASSEMBLY GRANT A REVENUE TO THE CROWN MR. FARMER'S SPIRITED CONDUCT HOSTILE DESIGNS OF THE DUTCH — LORD WILLOUGHBY PERISHES AT SEA SUCCEEDED BY HIS BROTHER — PRESIDENCY OF MR. CODR1NGTON SIR JOHN AT KINS GOVERNOR — DREADFUL HURRICANE REMARKS ON FORE STALLING — BARBADIANS GRIEVOUSLY OPPRESSED. 1 HOUGH Mr. Walrond was advanced to the presiden- CHAP. III. n 1661. cy, on the restoration, as a reward for his zeal and fidelity to the king, the royal favour was not confined to him alone. -Feb. is. His Majesty was pleased to confer the dignity of knight hood on thirteen gentlemen of the island*, in consideration of the difficulties and hardships to which they had been exposed by their loyalty and attachment to his family and person. But these honours and distinctions were not suf- * These were Sir John Colleton, Sir Thomas Modiford, Sir" James Drax, Sir Ro bert Davers, Sir R. Hackett, Sir John Yeamans, Sir Timothy Thornhill, Sir John Witham, Sir Robert Le* Gard, Sir John Worsum, Sir John*Rawdon, Sir Edwin •Sfcxle, -a«d Sir Willoughby Chamberlsyne. OF BARBADOES. «?? jBpient tq reeonqile the Barbadians to the measures which e^A^51, were soon after pursued by the court. l661- The rudiments pf the navigation act, as has been already related, were first formed by Crprnwell, during the usurpa tion. The benefits resulting from a system, which acci dent or resentment, rather th^ any just ideas of true po licy, had suggested to the mind of that bold usurper, had become sq manifest, that the ministers of Charles hesitated not to adopt so judicious a plan, for promoting the national prosperity, though invented by their enemies. Notwith standing the rigorous prohibitions jinpos,ed by the Engr Jish government on the trade of the colonies, ^he Barba dians had still contrived to maintain a very friendly and beneficial intercourse with the Dutch ; which, frpjn motives pf po^y, had been cgnnived at by Searl, who then hgld, the reins of gpyeynment in iforbadoes.* This intercourse, it must be confessed, had greatly conr tyibuted to the wealth gnd opulence of the country ; an ;;/J -. .. • Nor were the planters themselves free from appreheW- OF BARBADOES. 79 sions of this sort, as is evident from the precautions which CHAP- in« were taken, at different times, to strengthen and confirm 1662- their titles. Under the administration of Mr. Bell, an act had been passed for settling the estates and titles of the inhabitants of this island, to their possessions in their plant ations. And, again, five years afterwards, another law was enacted, with this title, " An act importing the customs im posed and granted by the council and assembly to the Right Honourable Francis Lord Willoughby, lord lieutenant- general of the province of Carliola, and governor of Bar- badoesj as also his lordship's confirmation of the rights of the people of this island to their several estates, with the tenure and rent thereon created*." But, from the calamitous sera in which the former of these laws was passed, and the peculiar circumstances which ac companied the passing of the latter, their validity might have been disputable. It might have been insisted, that these acts had not been sanctioned, nor confirmed, by legal,authority. To remove all doubt on a point so inter esting to themselves and their posterity, the inhabitants appealed to the King, humbly beseeching his Majesty to take the colony under his immediate protection. They stated, that as subjects of Great Britain they had repaired to Barbadoes, which they found desolate and uncultivated; * Laws of Barbadoes, Hall's Edition, pp. ]2 and 462. SO THE HISTORY chap. lit. where, nevertheless, by patient industry, they had not only 1662. obtained the means of rendering life comfortable, when they Could not, with a safe conscience, have remained in England ; but had also brought it to a state of Cultivation and improvement, by which it was rendered of. high im portance to the mother country, on account of its produc tions, commerce, and the customs annually paid to the crown. If they were now left, they said, to ransom them selves, and compound for their estates, rather than submit to the impositions and exactions of the proprietary, thejt should be compelled to abandon the settlement ; and, of course, the plantation would be destroyed, to the manifest .injury of his Majesty's revenue. The grant to the Earl of Carlisle, they insisted, had been surreptitiously obtained, under a pretence, notoriously false, that the island had been settled at his own cost and hazard ; whereas they had, in fact, sustained the whole weight of labour and expence of establishing the colony, without any assistance whatever from the patentee. They concluded with proposing, that his Majesty would permit them to commence a suit, in his name, but at their own expence, in the Court of Ex* chequer, to set aside the grant made to the Earl of Carlisle; or that he wouM resume the sovereignty of the island, and Jeave the claimants, under that grant, to seek their remedy against the planters by due course of law*. These propo* *Mem. of Barb. p. 30. Caribbean*, -vol. a. j>ref. p. ix. Edwards's Hist, of the ¦SYest Indies, vol. 1. p. 332. OF BARBADOES. 81 sals were fair and reasonable; but the king, unwilling to c^^r11, act precipitately, or unadvisedly in a case of so much mo- ,662, ment, determined to refer the matter to the consideration of a committee of the lords of the privy council. Upon a full and candid investigation of the claims and allegations of the opposite parties it appeared, that the Earl of Carlisle's patent had been obtained by a misrepre sentation of facts, and was, therefore, pronounced to be null and void; and, in order to quiet the minds of the peo ple, and secure them in the possession of their estates, the lords of the council advised his Majesty to revoke the grant. But the king declared his resolution of receiving no emolument from it until all claims, affecting the pro perty in dispute, should be satisfied ; and that he would make no other use of annulling the charter than to dispese of the profits of the plantation to those who, in law and > equity,' were entitled to receive them*. The Earl of Carlisle, dying in the interim, bequeathed his property in the West Indies to his kinsman, the Earl of Kinnoul ; and his creditors brought forward demands to the amount of eighty thousand pounds, which could only be^ paid by the profits arising from those distant possessions. The heirs of the Earl of Marlborough, as has been already mentioned, were entitled to a perpetual annuity from the same quarter, on which no inconsiderable arrears were due. Lord * Caribbeana, vol. 2, pref. p. x. M 52 THE HISTORY chap, mv Willoughby demanded one moiety of the profits which l66i- should acerue during the unexpired term of his lease; and the other moiety Was claimed by Lord Kinnoul, whb natu rally expected an equivalent for relinquishing his right to the whole in reversion. To satisfy these claims, and to in duce the King to assume the entire sovereignty of the island, it was proposed by Mr. Kendall, on the part; of the Barbadians, to lay an 'internal duty of four and a hajf per cent, on all commodities of the native growth and produce of the country, on exportation; which it was supposed would raise an ample fund for the support of the colonial government, and leave a large surplus to be disposed of at the King's pleasure. Charles, who was never able to recon cile himself to an entire dependance on a parliament but little inclined to, indulge his extravagant disposition,' re-' ceived the proposal with unaffected satisfaction. And the first care of the committeie, according to Lord Chancellor Clarendon, who assisted on the occasion, was to ascertain, as nearly as ppssible, the probable amount of the revenue that might be raised by this impost. .-. But when the planters of Barbadoes, resident in Eng land, were called upon to confirm the proposal, they pe remptorily refused to make any specific agreement; insist ing, that Mr. Kendall was not authorized to enter into any such engagement for them,- or the other inhabitants of the-" island. They declared that the island was unable to bear the weight of so heavy an impost ; which, they calculated, 6 OF BARBADOES. 83 •would amount to the enormous sum of ten thousand pounds chap. hi. annually; and would operate as a perpetual rent charge of im% at least ten per cent, on the profits of their planta tions. Were any settlement, they said, to be made, it could be done only by an act of the colonial legislature ; who alone, they contended, were competent to determine a question of so much importance, and to assess the sum to be granted. They, however, agreed to use their en deavours to prevail on their friends in Barbadoes to consent to such a plan of raising a revenue for the use of the crown as should appear to them consistent with the public service, and the real circumstances of the country. : To accomplish this desirable object, Lord Willoughby was ordered instantly to repair to Barbadoes, and endeavour to obtain from the assembly such an impost on their native commodities as " should be reasonable, in consideration of the great benefits they would enjoy in being continued in the possession of their plantations, of which, as yet, they were but tenants at will*." It was agreed by the Lords of the committee, that this fund should be applied towards pro viding a sufficient compensation to the Earl of Kinnoul, for surrendering his right to the Carlisle Charter; and to provide for discharging the Earl of Marlborough's annuity. One moiety of the surplus was directed to be paid to Lord * Caribbeana,. voL. 2, pre£ p. xii. M 2 M THE HISTORY chap. hi. Willoughby, for the remainder of his lease ; the other 16<33- moiety to be paid to the creditors of Lord Carlisle, until the expiration of Lord Willoughby 's contract ; when, after providing for the payment of a salary of twelve hundred pounds a year to the future governor of Barbadoes, the creditors of the Earl of Carlisle were to receive the entire balance until their demands were completely liquidated. With this arrangement all parties were perfectly satisfied. The proprietary government was accordingly dissolved, and the sovereignty of the island annexed to the crown. Lord Willoughby soon after received the Kmg's commission, ap pointing him captain-general, and governor of Barbadoes and all the English Caribbee islands, for the term of seven years, reserving to his Majesty a negative on all future acts of the legislature. A"8- !«• Lord Willoughby found the people of Barbadoes but lit tle disposed to concur in a proposition, by which they were required, in their own acceptation of the measure, to forge chains for themselves and their latest posterity. Those who had suffered in their persons or fortunes, for their attach ment to the family on the throne, considered it as an un grateful return for their fidelity and services ; and those of opposite political principles, represented the proposed, tax as an arbitrary and oppressive imposition which ought to be resisted. The murmurs and objections of the people, however, were as fruitless and unavailing as they were rea sonable and just. Government had, in fact, gone too far OF BARBADOES. 85 to recede. The project of a perpetual revenue, though c^^Ir' small, was too alluring to be rescinded ; and Lord Wil- l663, loughby himself was too deeply interested in the event to remit his exertions for securing the final accomplishment of the plan. In his zeal for attaining the grand object of his mission he neglected to call a new assembly; but submitted his proposals to the one which he found sitting,* by virtue of writs issued under the proprietary authority: No arts of persuasion were spared to prevail on those members whose concurrence could be obtained by argu ment or entreaty ; nor were menaces omitted to influence such as might be awed into a compliance by the frown of power. Such means could not fail of producing their wonted effect ; and the assembly, after much hesitation, passed the memorable act for settling an impost on the commodities of the island, by which they granted to the king, his heirs and successors, a duty of four and a half per cent, on all the dead commodities of the growth or pro duce of the country, to be paid in specie, on exportation. To this measure the most strenuous opposition was given by Colonel Farmer, a gentleman of large property and ex tensive influence ; and so general was the disapprobation occasioned by the act, that Lord Willoughby appears to have entertained the most serious apprehensions of some violent popular commotion. To preserve the public tran quillity, his lordship had recourse to a measure as cruel and unjust, as it was illegal and unconstitutional. He caused 86 THE HISTORY chap. in. Farmer to. be arrested on a charge of sedition, and con- 1663. veyed to England as a. state prisoner ; recommending that, he ^should not be permitted to return, till ,the inhabitants could be brought into a better temper. This arbitrary step was equally rigorous a;«d unjustifiable. Ilad Farmer been actually guilty of the crime imputed to him he ought to have been tried in. his own country, by a jury of his, peers. But thus to exile him from his home, his family and con nections, and expose him to a trial before a^n unkuown tri bunal, was contrary to every principle of criminal jurispru dence ; it was, in, fact, to condemn him unheard, a>nd tq punish him before conviction. u , _af > .... Farmer, on his arrival in England, was carried before the king in council, where he asserted the rights of an Eng^ lishman with manly freedom.- He contended that his con duct had been, strictly loyal and constitutional ;: aud that, as a British subject, he was warranted in opposing any measure inimical to the interests of his country. What- ever truth there might have been in these assertions, it, i§ more than probable that Mr. Farmer behaved not with that modesty and decorum which were proper upon such an oe- sion ; since so great and good a man as the Earl of Clarenr don declared, that his behayipur was insolent and, presump tuous ; and that he ought to be committed until he could be sent back to Barbadoes to be proceeded against in the colonial criminal court. He was accordingly remanded to prison ; nor did he regain, his liberty till after a long and tedious confinement. 0£ BARBADOES. 8^ Notwithstanding the previous arrangements made by chap. M. the lords of the privy council, it is evident, from the words of l66i- the statute, that the representatives of the people could not be prevailed upon to burthen their constituents with the payment of so heavy an impost, for the purposes already mentioned. Their views were very different from those of the British ministry, and are best explained by themselves in the preamble to the clause by which the duty was in> posed. It is there expressly declared, that " forasmuch as nothing conduceth more to the peace and prosperity of any place, and the protection of every person therein, than that the public revenue thereof may be, in some measure, pro- portioned to the public charges and expences ; and also well weighing the great charges that there must be of ne cessity in maintaining the dignity and honour of his Maje^- fy^ authority here ; the public meeting of the sessions ; the often attendance of the council ; the reparation of the forts; the building of a sessions-house and prison ; and all other charges incumbenfon the government; we do, in consider ation thereof, give and grant unto his Majesty, his heirs, and successors, upon all dead Commodities that shall be shipped off the same, four and a half, in specie, for every five score # » This enormous duty on the produce of the country fias^ * taws «f Bar*. Hall's'eiiit.* p. 56: ' $8 THE^ HISTORY chap. hi. been r generally condemned by every historiau who has 1663. treated of our colonial concerns; and from Us first imposi- tion to the present mpment, it has, ever been a favourite theme of declamation, with all West Indian patriots. To authorities so respectable the utmost deference and sub mission are certainly due. But different men will some times view the same object through different mediums. The understanding is often darkened by partiality, preju dice, or misconception ; and it seldom happens that men will, or indeed can, calmly and dispassionately examine both sides of a question which involves their interest, when the result may prove disagreeable or injurious. In such cases, it becomes the duty of the candid historical inquirer, to dispel the mists of prejudice, and, by a faithful nar ration of facts, enable the unbiassed mind to form aright judgment. And now, when after repeated unsuccessful endeavours to obtain the repeal of this odious t^x, thw planter is precluded from every hope of relief from the galling chain, the author presumes, that he shall escape the imputation of betraying the interests of his native country, if, in expressing his own sentiments on this mo mentous subject, he should suggest a few considerations which may induce the Barbadian reader to submit, with patience, to the load which he is unable to remove. According to the laws and usage of all civilized nations, the soil, in every newly discovered, or conquered country, becomes the property of the Sovereign, by whose subjects 1 OF BARBADOES. 89 the discovery, or conquest was made; and he has ah indu- chap. hi. bitable right to grant or dispose of the land thus acquired, l666- on what terms and conditions he thinks proper. Pursuant to this right, Charles I. granted the island of Barbadoes to the Earl of Carlisle, who thence became entitled to an absolute dominion, as proprietor over the Soil ; to be dis posed of in like manner, as he should find most conveni ent or advantageous. If we look into the preamble of the act, where alone we can expect to find the reasons which* induced the legislature to consent to lay such an extraordi nary impost on the ptoduce of their estates, we shall soon pereeive that, " by virtue of the Earl of Carlisle's patent, divers governors and agents, properly authorized for that purpose, had laid Out, granted, or conveyed in parcels, the lands in this island to different persons many of whom had lost their grants, Warrants, and other evidences of their titles; others, from the ignorance of the times, wanted sufficient Words to create an inheritable tight to their estates ; others had' never recorded their warrants or grants; and others J again, never had any warrants or grants to record, for the lands which they occupied*." To supply these defects it was enacted, " that all rigthful possessors of lands, tenements, or hereditaments, within the island," should be confirmed in the full and peaceable * Hall's Laws of Barb. p. 56. N 90 THE HISTORY c^^^1- enjoyment of their several estates; and that they should be 1663. released from the annual capitation tribute of forty pounds of cotton, to which they had been hitherto subject; and all other duties, rents, or arrears of rents to which they were liable. Hence the act appears in the light of a con tract between the King and the people ; by which, in con sideration of his Majesty's having confirmed their doubtful and uncertain titles to their plantations, and released them from the payment of other accustomed duties, they agree to raise a perpetual revenue applicable; however, to the in ternal expences of government. The only reasonable ground of complaint, therefore, is to the misapplication of this fund ; no part of which has been appropriated to the uses for which it was granted, except the sum of two thousand pounds sterling, annually paid to the governor as a salary from the crown ; and one hundred pounds currency, di rected to be paid, every six months, out of the King's ca sual revenue, arising within the island, for defraying the expences attending the Court of Grand Sessions. This must ever be considered as a flagrant violation of the engagement entered into on the part of the crown. i66t. The commercial - rivalry and national jealousy which, at this juncture, subsisted between Great Britain and the United Provinces, had so inflamed the minds of the" Eng lish against their old allies the Dutch, that Charles II. was forced, in compliance with the wishes of his people, to de clare war against those friends who had hospitably enter- 6 OF BARBADOES. 91 tained him in the hour of distress. The States General, [^^J1, sensible of the value of Barbadoes, delayed not to dis- l66*" patch a squadron, commanded by the celebrated De Ruy- ter, with a view of subduing the island. But Lord Wil loughby, having taken the field at the head of the militia, made such a judicious arrangement of the forces under his direction, that the gallant admiral, after an ineffectual at tempt on the forts which guarded Carlisle Bay, abandoned the enterprize*. Notwithstanding the florid declamations of modern, par simonious politicians, concerning the inutility of the militia, and the expence of maintaining the fortifications, we have here a second instance, in the short space of thirteen years, of the usefulness of those forts, which it is now the fashion to decry ; and of the real importance of a well-regulated militia. And, although, on the former memorable occa sion, the spirited resistance of the militia was not crowned with success, it should be remembered, that the failure was more owing to the intrigues and dissentions of a sinister party within, than to the superior strength of the adversary "who assailed them from without. Lord Willoughby soon resolved to return this visit ; and 1668. accordingly prepared an expedition for the purpose of tak ing vengeance on the enemies of his country. The French * Hume's Hist, of England, vol. 7, p. 409. Univ. Hist. vol. 41, p. 148. N 2 g2 THE HISTORY CHAP. ni. about this time had committed frequent depredations on the 1666. British Caribbee Islands. They had dispossessed the Eng lish of the small colony of the Saints, carrying the settlers prisoners to Guadaloupe; and, in conjunction with the Dutch, had expelled them from their plantations in Saint Christopher's. These outrages, committed within his go vernment, determined Lord Willoughby to go, in person, and chastise the aggressors. With this view he resigned the government of Barbadoes into the hands of Henry Wil loughby, Henry Hawley, and Samuel Barwick, whom his Majesty had appointed joint commissioners to execute the office of commander in chief, in his lordship's absence. The * first attack was made on Saint Lucia, the English inhabi tants of which, reduced by various casualties to eighty- nine persons, had been forced to evacuate their settlement; nevertheless, Lord Willoughby took possession of the island in the name of his Britannic Majesty. He then proceeded to the small islands of the Saints, which having retaken, he sailed for Saint Christopher's ; but, encountering a hur ricane, he perished at sea in the streight between Guada loupe and the Saints*. Notwithstanding the prejudices entertained against this uobleman, for the active part taken by him in procuring the settlement of an interual revenue on the crown* except the severity and illegality of his proceedings against the patriotic * Univer. Hist. vol. 41. pp. 21.8 and 257. 4 OF BARBADOES. 93 Mr. Farmer, it must be confessed, that his conduct was chaP: lit prudent, mild and equitable. Throughout the whole of 1Qm- his administration, Lord Willoughby manifested the warm est zeal for. the security of the island, and the most sedu lous attention to the administration of justice. Many or dinances, were framed by him and his councils for regulating the courts of law and equity. One of these, for re ducing the Courts of Common Pleas- to two precinets, seems to have occasioned some dissatisfaction; but, the people no sooner remonstrated against the innovation, than his excellency rescinded the ordinance, and again di vided the island into four precinets; appointing, however, but two judges; one of whom, with his assistants, was empowered to preside in the courts at Bridge Town and Oistin's*; and the jurisdiction of the other extended equally to Speight's and James Town. These ordinances having been made without the partici pation or concurrence of the representatives of the people, we are left to conjecture, that Lord Willoughby, after pre vailing with the assembly to shackle their constituents with the four and half per cent, duty, had neglected to convene that branch of the legislature as long as he could do with out them. But finding their assistance necessary to grant' * This town was originally called Austin's, not in commemoration of the saint of that name, but of a wild, drunken fellow, whose lewd, dissipated conduct has damned bim toeveriasting/anae, Li con's Bakb: p. 25*.' 94 THE HISTORY chap. hi. supplies for the public service, he summoned a meeting of 1666, ^he General Assembly, early in the present year, when they passed an act for collecting five hundred thousand pounds of sugar, to defray the expence of fortifying the island. Thus, in little more than two years, the mask was thrown aside: and the representatives of the people had scarcely - rivetted the chain before they were called upon to impose fresh burthens on their constituents, to answer one of the very purposes for which the former heavy duty had been expressly voted. 1667. While the executive power was administered by commis sioners, a very necessary and useful work was undertaken. In every community it is of the highest importance that the laws, which are prescribed as rules of civil conduct, should be accurately defined and duly promulgated, that the people, who are bound to obey them, may be ap prized of what they are enjoined to perform, or what they are prohibited from doing. Those of Barbadoes are be come extremely voluminous ; many of the original records had been destroyed by various accidents : and, in the seve ral revolutions of government which the island had expe rienced, many public acts were rendered, at least of du bious authority. It became necessary, therefore, to col lect and arrange them, in order to separate those that were yalid and beneficial, from those that were obsolete, void, or no longer useful. Commissioners were accordingly ap pointed by an act of the legislature, with directions to OF BARBADOES. 95 revise and compile all the laws and statutes then in force. CHAP- m- Proceeding on their task with becoming diligence and as- l667> siduity, they soon accomplished the business; and, having fairly transcribed all those which were thought worthy of preservation, the commissioners reported them as laws pro per to be observed^ But they could not let this opportunity pass without mak ing one feeble effort to relieve their country from the bur then laid on its staple productions, by declaring that the assembly, who had consented to the four and a half per cent, duty, was not equally convened at the time the act passed for that purpose. This objection, which was specious and ingenious, was founded on the circumstance that Lord Willoughby had neglected, on the dissolution of the. proprietary government, to summon a new assembly under the royal authority, and had accepted the grant from the assembly which had been convened under the presidency of Mr. Walrond. It may, however, be observed, that the convention parliament, by whom the restoration of Charles II. was accomplished, met without any legal authority above a month before the King's return, and continued sit ting several months afterwards. Hence many eminent law yers doubted whether it was a good parliament. But ac cording to Justice Blackstone, this was too nice a scruple ; for the necessity of the thing justified the irreguiarity of the proceeding. 96 THE HISTORY Again, the convention which placed the British sceptic in the hands of the Prince of Orange, was composed of the remnant of several parliaments assembled in the reigti of Charles II. convened, without any constitutional autho rity* ; yet their legislative acts have been confirmed, and we enjoy the benefits of them to this day. But the objec tion started by the commissioners, whatever might have been its intrinsic value, was wholly disregarded ; and the reason assigned by the learned commentator on the laws of England, in the memorable cases just mentioned, may be applied with equal propriety in the present instance; " As the royal prerogative was chiefly wounded by their so meet ing, and as the King himself, who alone had a right to ob ject, consented to wave the objection, this cannot be drawii into an example in prejudice of the rights of the crown." An account of the death of Francis Lordi Willoughby having reached England, the King bestowed the vacant government on his brother William Lord Willoughby. His excellency was accompanied to Barbadoes- by a regi- Jan. 3. ment, under the command of Sir Tobias Bridge. This cir cumstance seems to have been misunderstood by former. * Hume's Hist; of England, vol. 7, pp.. 329 and 360. vol. 8, p. 298'. Smollet's Continuation, vol. I, p;?.. Blackstone's Comment, vol. 1, p. 151. OF BARBADOES. 97 colonial historians. One* supposes it to have been occa- c^^^!' sioned by some distrust of the loyalty and attachment of loGi' the inhabitants. Another-}- affects not to know " how they were destined, or of what use they were to the country." The fact is, that the nation was then at war with Holland, and that, these troops were sent out for the protection of the colony, and to act against the enemies of their country in this quarter of the globe. This detachment, during a long stay in the island, was provided for at a considerable ex- pence to the people J. It was at length employed in making a descent on Tobago, then in the possession of the Dutch; and, notwithstanding the place was strongly fortified, the British troops plundered the inhabitants, and carried off four hundred prisoners j|. •Soon after Lord Willoughby's arrival, the House of As^ sembly liberally appropriated a considerable part of the excise duty to the purchase of a set of jewels to be pre sented to his ludy, as a testimony of their esteem for her ladyship, and as a mark of the pleasure which they derived from her residence among them. The fortifications seem to have occupied no inconsider able portion of the governor's attention ; nor does his lord ship appear to have been negligent in respect to the admi nistration of justice, and the regulation of the police. * Universal Hist. vol. 41, p. 149. f Frere's Short History of Barb. p. 31 . 1 Hall's Laws vf Barb. p. 475. U Fenning's Geography, fol. edit. vol. 2. p. 703. O 98 THE HISTORY ^2^™* Many of the laws which were passed at that period have 1668. been continued down to the present day. Lord Willoughby had been merely appointed to the go vernment for the remainder of his brother's term ; and as that was near expiring, he determined to return to England, probably intending to solicit a renewal of his commission. He, therefore, resigned the administration to Colonel Chris- November, topher Codrington, as deputy-governor, and embarked for Europe* But as the English colony at Dominica had been lately much annoyed by the French, his lordship resolved to visit that island in his way home with a sufficient force to redress the injuries which the inhabitants had sustained. 1669. This vigorous measure produced the desired effect, and his lordship procured from the Caraibs a formal surrender of the island to his Britannic Majesty*. Mr. Codrington continued to act under Lord Willough by's appointment, until the expiration of his lordship's contract, as heir to his brother, with Lord Carlisle, which determined his authority under the royal commission. But no new appointment being made, the legislature met, and, Dec. 23. °y an act passed for settling the government, declared themselves to be Governor, Council and Assembly, until his Majesty's pleasure should be known-)-. Lord Willoughby soon afterwards arrived with a new commission, appointing Univ. Hist. vol. 41. p. 285, t Memb. of Barb. p. 42. OF BARBADOES. 99 him governor of Barbadoes, and alljjthe Caribbee islands C3^J5" to windward of Guadaloupe. The Leeward Islands were l669 now, for the first time, formed into a distinct government, and the command given to Sir William Stapleton. Hence comes the distinction of Windward and Leeward Islands ; Guadaloupe being the point of demarcation. Lord Willoughby remained but a short time in Barba does before he again resolved on recrossing the Atlantic, leaving Mr. Codrington, a second time, commander in April? chief. The administration of this illustrious West Indian is distinguished by his vigilance, circumspection, and pru dent attention to the duties of his exalted station. He con sidered the power with which he was invested as a sacred de posit, to be employed for the benefit of the people ; and the many salutary laws which were passed under his administra tion, evince the rectitude and propriety of his conduct. This enlightened statesman early saw the necessity of check ing the rapacity and collusive practices of the lawyers; and readily assented to an " Act for preventing the abuses of lawyers and the multiplicity of law-suits." After an absence of more than two years, Lord Wil- July's. lough by returned to Barbadoes. On this occasion, the King nominated the persons who were to compose the second branch of the legislature, honouring them with the title of His Majesty's Council ; and directing, in case of the death or absence of the governor, that they should exercise the whole executive authority. By his commission o 1 100 THE HISTORY chap. in. the governor was required totransmit to EnglaBd-all laws*, 1672# within three months after their passing, for the royal ap probation or rejection; and, although they were allowed- to be in force until the King's pleasure was known,, his< excellency was forbidden to give his assent to any act of the legislature to continue in force longer than three years^ nnless it should receive his Majesty's confirmation within that time. As some compensation, perhaps, for this abridgment of legislative authority, the executive power became more enlarged. The governor, besides- being.: appointed ordinary and vice-admiral, was authorized to remit all fines or forfeitures, before or after sentence given,. if the persons were proper objects of mercy ; treason, and' wilful murder, excepted ; and in these cases he was allowed to reprieve, until the result of an application, to the throne* was ascertained. 1673. The impaired state of his health rendering him incapable April 2. ©t attending to the arduous duties- of government, Lord* Willoughby finally resigned his authority into the hands of Sir Peter Colleton, senior member of the council, having, for some reason, not now known, removed Colonel Codrington from that board, and returned to England, where his lordship died the ensuing year. 167% After the governor's departure, the council, pursuant to the royal instruction, assumed the direction of the public * Hall's Tirst Settlement of Barbados?, p. 28. Mem. of Barb. p. 42. 6 OF BARBADOES? idl concerns, appointing Sir Peter Colleton captain-general of Chap. Ht. the militia. This is the account given by the author of the i67*- Memoirs of Barbadoes. But it is evident, from the statute- book, that Sir Peter's authority Mas not confined to the military department; he continued to exercise the consti tutional functions of first magistrate, until he was super* Nov. i» seded by the arrival of Sir Jonathan Atkins, who was appointed by his Majesty to the government of Barbadoes and the Windward Islands. The new governor fixed the seat of government at Fon- 1675. tabelle; but he had not enjoyed this situation long, when the country was almost laid waste by one of the most tremendous hurricanes that ever scourged a guilty land. Neither the palace, nor the cot, escaped the destructive violence of this awful visitation. Neither tree, nor house, was left standing, except the few which were' sheltered by some neighbouring hill or clift. The face of the country exhibited one continued scene of desolation. So complete was the destruction of the sugar works, on the several' plantations, that it was nearly two years before they could be repaired, or put into a condition to renew the business of sugar making. Nor was the crop of provisions spaced from the general devastation ; and, to add to the calamity, eight valuable1 ships, laden with the produce of the country, were sunk or stranded, in Carlisle Bay. In Speight's Town every house was either blown down or materially injured. Several families were buried in the ruins of their fallen 102 THE HISTORY habitations ; and there was scarcely one but lamented some relation, friend, or acquaintance, swept to an untimely grave*. Amidst this scene of ruin and misery, the fate of Major Streate and his fair bride deserves to be remem bered for its whimsical singularity. They had been married that evening, at the plantation called Anderson's, but the pitiless storm, regardless of the sanctity of the marriage bed, blew them from their bridal chamber; and, with relentless fury, lodged them in a pimploe hedge. In this bed of thorns they were found the next morning, incapable of manifesting those tender attentions which their new- formed relation demanded, or affording each other the assistance which their comfortless condition required. This calamity called for the most prudent counsels to avert the consequences which were expected to result from a disaster so fatal. It was apprehended that the property which had been saved from the fury of the elements, would be wrested from the half-ruined planters, by the rapacious- ness of their creditors ; and that many of them, to avoid such a consummation of their misfortunes, would leave the island, with their effects, exposed to all the horrors and dangers of insurrection. Filled with these gloomy appre hensions, the governor convened the council and assembly, and stated to them his sentiments on the posture of affairs, and recommended them to devise some means of guarding * Hughes's Nat. Hist, p, 25. 4 OF BARBADOES. 103 against the evils to which they would be exposed, in case c^^}- of any considerable emigration of the white inhabitants, 1675- who, partly destitute of commodious habitations, should be induced to seek an asylum elsewhere. But whatever ground there might have been for these apprehensions, no measures were taken to remove or obviate them. A considerable quantity of sugar, which had been shipped on board the vessels in the harbour, having been lost in the late storm, and the custom-house officers refusing to admit sugar to the same amount to be exported, duty free, the assembly passed an " Act for. allowing a second free entry of the dead productions of the Island, lost or taken." The season of distress was thought to be a favour able moment for endeavouring to obtain relief from the odious and oppressive impost on the merchantable com modities of the country. An humble and pathetic address was accordingly presented to the King, describing the deplorable condition to which the colony was reduced by the late destructive tempest; and stating that the entire remission of the four. and a half per cent, duty, was the only means of saving the planters from impending. ruin. But the pe cuniary embarrassments of the extravagant, dissolute mo« narch, rendered him deaf to the complaints and entreaties of. his injured and oppressed subjects. So far from grant ing the solicited immunity, .the partial relief which they sought to. obtain, was denied them; and the act, which- had been passed for that purpose, was repealed by his Majesty's positive orders. 104 THE HISTORY Cw£vr^5' ^e s^uati°n °£ the Barbadians, at this juncture, was, 1675- in the highest degree, calamitous and deplorable. Their habitations were levelled with the earth ; and the owners, unable to rebuild them, or dismayed at the destruction they had recently escaped; and afraid to venture their persons in houses under whose ruins they might be again overwhelmed, lived many months under no better shelter than that of huts lightly and hastily constructed. Artful and designing traders, taking advantage of the general calamity, monopolized what provisions were brought to market, and heightened the distresses of their unfortunate fellow-sufferers, by their unconscionable and villainous exactions. To repress this dangerous and iniquitous prac-> tice, the legislature inconsiderately enacted an absurd and impolitic law to prevent forestalling, engrossing, and re-* grating ; a short-sighted precaution, which, however, ap-i parently calculated to afford immediate relief, would, if strictly enforced, inevitably produce the scarcity it was intended to prevent. By this curious law none were allowed to sell or barter any foreign provisions whatever, but those to whom they were bona fide consigned ; or who had imported them at their own risk, and upon their proper account. Thus no merchant, or shop-keeper, was permitted to purchase cargoes from the importers, for the purpose of selling them again, without incurring the heavy punishment attached to the crime of forestalling. To check the nefarious practices of fbrestallers and mo nopolizers ; to diffuse the blessings of plenty, and to avert OF BARBADOES. 105 the horrors of famine ; or even to guard against the dis- c.hap. hi. tresses attending a partial failure of the means of sub- lo7j- sistence, are undertakings of so much humanity and beneficence, that any proposal for effecting them will readily meet the approbation of benevolent minds, and gain the applause of those superficial thinkers who compose the bulk of mankind. But these important objects are not to be attained bjr arbitrary prohibitions. Commerce visits only those climes in which it is cherished by the genius of liberty. Trade, like water, should be left to form its own level ; and, although many moderate and sensible men may object to this maxim, as affording too great latitude to commercial monopoly, there certainly is less danger in leaving the merchant to exercise his own discretion, than in cramping and depressing the spirit of mercantile speculation, by rigorous and injudicious restrictions. High prices, and a scarcity of provisions, will be the fatal consequences of destroying or discouraging a competition in the market, by prohibitory regulations. The mutual wants of mankind, form the active principle which gives life to commerce, and by which alone it can be safely regulated. The traders of Barbadoes may be divided info three distinct classes; the importer, the retailer, and the huckster; all of whom are useful in their several vocations. Through them, the commodities imported from abroad are dispersed among the people, in such quantities, and upon such terms, as are best suited to the necessities and conveniencies of the p 106 THE HISTORY chap. hi. consumers. The two former classes are not infrequently l675- united in the same person. They ought, however, to be considered separate. The merchant, who is engaged ni extensive concerns, and imports large cargoes of provisions, generally finds it more convenient and advantageous to dispose of his commodities to the retailer, in large quan tities, and at a proportionable reduction of price, than to await the tedious and precarious sale of them to the consumer. Sometimes the case may be different ; at any rate, it would be tyrannical and unjust to deprive him of the option. The retailer, again, confined to an inland traffic, by the smallness of his capital, or a timidity to adventure, derives an advantage in buying the articles in which he deals by wholesale, and revending them at an advance, which yet exceeds not the prices at which they might have been bought from the importer, had he retailed them. His profits consist in the difference between the wholesale and retail prices. This excess is commonly less in Barbadoes than in any other part of the new World, evidently owing to the competition which prevails among that description of people in this island : a circumstance that will ever prove the most effectual counterpoise to combinations among fore- stallers and regrators, and is the main spring by which trade will correct its own aberrations. To elucidate this doctrine, let us advert to. a case which frequently happens. During a general scarcity of articles 4 OF BARBADOES. 107 of the first necessity, a vessel laden with corn and flour ar- CHAP- ni- rives with a supercargo on board. It may not be conform- l675r' able to the orders, nor suit the convenience of this factor to retail his cargo. Dispatch is the life of business, and the vessel may be required to discharge her cargo, and to return without delay ; yet, were the absurd laws against monopolizing, executed with a spirit equal to that which dictated them, no merchant could venture to purchase the whole, or any part of the cargo, by wholesale to re- vend ; because, in so doing, he would render himself ob noxious to punishment as a forestaller. The consequence is obvious ; the vessel, by a ridiculous policy, is driven from our ports, and the people, in a state of tantalism, con tinue in want of those supplies which, but a moment before, had been within their reach. Or suppose the market siiould be sufficiently tempting to induce the supercargo to land his goods ; to compensate himself for his trouble, expense, and detention, he will sell them at the highest retail prices. Thus a stranger will enjoy those lucrative advantages which, under a wiser and more equitable system, would have centered among our own countrymen. This species of traffic which the law, under the specious pretext of preventing forestalling and regrating, most un wisely discountenances, far from being detrimental, is, in fact, highly beneficial to the public. A large capital is thus employed, which, in so small a community, would otherwise remain inactive and useless ; the importer is ac- p-2 10& THE HISTORY c^haiuii. eommodated and benefited by facilitating his sales ; it gives- ife'75. energy to industry ; affords bread to a considerable num ber of useful citizens ; and furnishes the consumer with the articles of domestic accommodation in more convenient quantities^ and as cheap as he could have purchased them from the original importer. It sometimes happens that the value of the merchandise is enhanced after getting into* this intermediate channel of diffusion ; but this is not so much ©wing to any radical defect in the system for which I contend, as to t'he intervention of casualties to which mer cantile affaire are peculiarly liable. The prices of goods are augmented by various causes independant of monopo lizers. Supplies from abroad may be intercepted by the enemy, or may experience a temporary suspension from opposing elements, and other disastrous means. In all these cases the holders of provisions will, unquestionably, embrace the favourable opportunity of reimbursing them selves for the losses which both importer and retailer too of ten sustain from accidents, which no human sagacity can foresee, nor human judgment prevent. And where is the harm in this? The planter strives to- obtain the best price that he can get for the produce of his fields, and surely the merchant is entitled to. the same privilege in the disposal of his commodities. The distresses and difficulties under which, as we have seen, the Barbadians were, at this time, struggling, were sufficient to have affected the feelings of the most obdu- 6 OF BARBADOES. 10gt rate heart, but the measure of their misfortunes was not yet CIIAP- In- full. Scarcely had they recovered from the consternation l6l6~ into which they had been thrown by the late awful visita tion of Providence, and begun to recover from their losses; to rebuild their houses ; to repair their fortifications, and to provide for the security of the country before they were compelled to submit to the relentless gripe of power. The principles of commerce, until lately, had been but very imperfectly understood in England. Before the restoration, the important objects which occupied the thoughts of both King and parliament, afforded either but little leisure for at tending to the minor considerations of colonial affairs. From the freedom of trade which Barbadoes, thus left to herself, was permitted to enjoy, she attained a degree of prosperity almost unparalleled in the annals of mankind. The commencement of the Navigation Act, however essen tial to the interests of the empire at large, is the memo rable epoch whence we may date the rapid decline of her population, and consequently of her strength and opu lence. After the restoration, the ministers of Charles, sensible of the value of the colonies, prudently determined to act upon Cromwell's plan with regard to= navigation and trade. Great Britain now began to perceive the advantages arising from the exclusive right of colonial supply; and, in the same spirit which dictated the navigation laws, sought to> HO THE HISTORY chap. hi. draw into her own bosom the important benefits of the :i678. African trade; but absurdly confined to the Royal African Company, established under the patronage of the Duke of York, the emoluments of this lucrative branch of com merce, which, according to every principle of true policy, ought to have been laid open to the nation at large. The exclusive charter granted to this company for supplying the West Indies with negroes, operated most powerfully against the interest of the Barbadians, and accomplished the ruin of many who were recovering from their recent losses. They were no longer allowed to import their own slaves, or to purchase them from the Dutch ; but were compelled to sub mit to the rapacious and exorbitant demands of the new association. Sir Jonathan Atkins received the most positive orders to seize and confiscate all vessels, with their cargoes, belong ing to private adventurers, engaged in this prohibited traf fic. In addition to these directions, the Warwick man of war was constantly stationed at Barbadoes for the express purpose of seizing all interlopers, as they were called, in the trade to Guinea. These rigorous orders were executed with equal accuracy and severity. All vessels belonging to private merchants met with on the coast of Africa, or found in the West ladies with slaves on board, were captured with as little hesitation as if they had been the property of .©pen enemies ; and were condemned with as little ceremony OF BARBADOES. Ill and reluctance, in the court of Vice-admiralty, in which CHAP- 1IL the governor acted in the double capacity of prosecutor and 1678' of judge*. By these arbitrary proceedings, many opu lent families were reduced to a state of indigence; and each succeeding^ day produced fresh bankruptcies among the merchants. At length the grievance became so intoler- i6s the plain matter of fact, that Colonel Walrond, who had been left deputy-governor by Dutton, fell under his displeasure, and was sent to England to answer' a charge against him, on account of a. trial before a court of oyer and terminer, in which Walrond presided. This inconsistent story is implicitly adopted by the author of the Short History, p. 37, who asserts, that Walrond's prosecutor was vigorously supported by the governor. Strange that Dutton should have supported his bitterest enemy in a prosecution against the man who had promoted his views! I have been enabled to correct these misstatements on the authority of Hall, the editor of the laws, who, in his manuscript account of the first settlement of Barbadoes, gives the relation of this affair, which I have adopted as the most accurate and consistent. 126 THE HISTORY cf'P. IV. which terminated in the destruction of the Duke of Mon- io85. mouth and his adherents, having been frustrated by the bravery and activity of the king's troops, many of the wretched victims of ambition and tyranny were transported to Barbadoes. Anxious to display their zeal and loyalty, the assembly passed a law for governing and retaining within the island all such rebel convicts as, by his Majes ty's most sacred order, have been, or shall be, transported to this place*." By the rigorous provisions of this statute, the condition of these men, whose only crime was prema turely attempting to do that which, in three short years af terwards, was happily accomplished by the Prince of Orange, with the approbation and assistance of a large majority of the nation, was rendered scarcely less miser* able =than that of the plantation slaves. Notwithstanding the appearance of attachment to the Prince on the throne, the sentiments of some of the prin cipal men in the country were, in reality, extremely inimi cal to the existing government, both in England and Bar badoes. Among these, Sir Timothy Thornhill, a member of council, and major-general of the militia ; a gentleman most deservedly possessed of great popularity, having expressed his opinion on the state of public affairs with more * Hall'a Laws, p. 484. This act was repealed after the revolution, by an order from his Majesty, for the enlargement of the rebels transported to Barbadoes. 4 OF BARBADOES, 127 warmth than discretion, was prosecuted by order of the (^^rJ- governor for sedition, and condemned to pay a fine of five l685* hundred pounds to the king, and fifteen hundred pounds to his excellency. Thornhill appealed to the King in coun cil, but without success : the judgment of the court was affirmed*- Mr. Stede had enjoyed the honour of his appointment 1687. nearly two years, as all his predecessors had done, without receiving any substantial. reward from the country; but at length he had the address to ingratiate himself with the council and assembly, who generously made him a present of one thousand pounds sterling, which act of generosity was successively repeated in the latter years of his adminis tration. A precedent was thus established, pregnant with much future mischief and internal dissension. The Barba dians can, with little propriety, complain that none of the patriotic purposes for which the four and a half duty was imposed, have been complied with,since they so eagerly con tribute to the abuse of the grant, by providing otherwise for the service to which it ought to be applied. This sea sonable donative enabled Mr. Stede to support the dignity of his station with suitable splendour; and was the more acceptable, as he soon had occasion to make a grand dis play of hospitality. The Duke of Albemarle, on his pas- * Hall's first settlement of Barb. p. 30. M. S. 128 THE HISTORY chap. iv. sage to Jamaica, of which he had been recently appointed 1687. governor*, having stopped at Barbadoes, was received at Fontabelle with all the honours due to his rank and qua lity ; and was entertained by the governor several days with great pomp and magnificence. i68«. The island was the next year alarmed by the report of a conspiracy among the slaves, to make themselves masters of the country, by murdering all the male inhabitants, or re ducing them to slavery, and reserving the women for the gratification of their brutal appetites. The accomplish ment of this dreadful design was happily prevented by the timely discovery of the plot ; and about twenty of the most daring conspirators were sacrificed to the public safety. The calamity from which the people had been thus provi dentially delivered seems to have awakened the legislature to a sense of their danger, and the necessity of encou raging the population of the country. To this end they * This nobleman affords a remarkable instance of the mutability of fortune, the vanity of human grandeur, and the fatal effects of vicious habits and profligate man ners. He was the only son of General Monk, the principal agent in the restoration of Charles II. The services performed by his father were rewarded with a dukedom, the garter, and a princely fortune ; but the son, reduced to indigence by extrava gance and debauchery, was compelled to solicit bread from James II. who, to be freed from his importunities, bestowed on him the government of Jamaica, where, dying without issue, the title became extinct ; and the honours acquired by the virtue of the father, were lost by the vices of the degenerate son. OF BARBADOES. 129 enacted a law " to encourage the importation of Christian c1^r^1 servants, and for retaining them within the island." What ever might have been the advantages proposed by this plan it was far from affording an effectual counterpoise to that preponderance which the negroes must necessarily' possess in the scale of numbers. To provide a remedy suitable to the magnitude of this evil, the best policy which could be adopted in a country where slavery prevails, is to hold out every possible en couragement to that hardy and useful, though humble, class of people, known by the colonial appellation of the tenantry. The only legitimate aim of human politics is the extension of human felicity ; and this cannot be ef fected except by the encrease of numbers, provided with the comfortable means of subsistence*. To acquire and main tain an extent of population essential to the security and prosperity of the country, the rich, whose individual in terest is inseparably connected with the public welfare, should be made to yield, in some points, to the support and accommodation of the poor. The proprietors of planta tions may be compelled, by the militia law, instead of bil- letted men, to furnish tenants, in proportion to their quan tity of land, who should be legally confirmed in the unmo- * Vide Paley's Philosophy, vol. 2, p. 345. S 130 THE HISTORY C2^I3" lested enjoyment of their little tenements*. It was the l6?8, wish of Henry IV. of France, surnamed the Father of his People, that he might live to see a fowl in the pot of every peasant in his kingdom. Let it be the aim of every Bar badian, emulous of the same glorious appellation, to erect a cottage over the head of every peasant in Barbadoes, and gratitude will invigorate the arm under which the lordly possessor will find his best security in the hour of danger. The trifling property thus bestowed on the humble hus bandman, the lowly roof endeared to him by the society of a wife and children, the partners of his toils and the* solace of his days, would bind him, by the most invincible ties to his native soil ; and impel him, when led on by his generous landlord, to risque his life with ardour, in defence of a country to which he is attached by the most indis soluble connexions. * The present militia law has made some provisions for tenants ; but it seems to have been ineffectual. They are either eluded with facility, or violated with impu nity. On some plantations, without regard to justice, policy, or humanity, the tenants have been wantonly and cruelly driven from their homes, and sham leases given to the white servants for the vacant tenements. In others, the poor tenant, besides his personal services, is compelled to provide himself with uniform, arms, and ammu nition, at his own cost, which is more, in many instances, than the rent of the barren heath which he occupies is worth. Some men have a strange propension to evade the legal institutes of their country, merely to shew their superior cunning and dex terity. But what minds must these men possess, who can find satisfaction in such pitiful evasions ; who, while they waste thousands in riot and debauchery, deny bread to the labourer, and refuse rest and shelter to the houseless wanderer? 1 OF BARBADOES. 131 These are the men on whose strength and courage we chap. iv. may rely with confidence to defend us from all attempts of i1688- our enemies, foreign or domestic. Their humility renders them more tractable and obedient, under the restraints of military discipline, than the wealthy or luxurious, whose false, mistaken pride, cannot submit to the subordination necessary in the field or the camp ; and whose effeminacy renders them incapable of martial exercises. It is not enough to permit the poor to erect their temperary habi tations on useless skirts of barren land. They should be encouraged to work, and punctually paid for their labour. Slaves should no longer be employed in mechanical occu pations; those employments should be reserved for poor freemen, whence they might derive the means of subsist ence, and the public enjoy the benefit arising from a general diffusion of the wages of industry. In Jamaica there ex ists a law to oblige all owners of negroes to employ one white servant for every thirty slaves ; one to every hundred and fifty head of cattle ; one to every tavern; and a like proportion for every boat, wherry, and canoe*. This law, * This law is justly commended by a judicious historian, thoroughly acquainted with the true interests of the colonies. Vide Long's Hist, of Jamaica, vol. 1, p 310. His remarks on this subject are too diffuse to be inserted in a note. I can only, there fore, recommend his book to the perusal of my reader, as a performance which, though less elegant than Edwards's splendid History of the West Indies, contains more useful information on colonial politics, than any other work which has come within my observation, s 2 332 THE HISTORY chap. iv. though perverted into a mere regulation of finance, is ad- 1688. mirably calculated to preserve the legitimate population of the country ; and, under the present circumstances of Bar badoes, may, perhaps, be thought worthy of adoption, with a penalty sufficient to enforce its observance. It was at this juncture, and upon this occasion, that the legislature of Barbadoes enacted that famous statute, Num ber Eighty-two, for the government of negroes, which has of late years become a popular theme of declamation in England; and subjected the peaceable, unoffending West Indians, to the most illiberal invectives and the most viru lent abuse. By this law, among many provisions made for the prevention of crimes and the punishment of offences ; which, to the honour of the people, are executed with a spirit as mild and lenient as the object is just and laudable, it was ordained, "That if any slave, under punishment by his master, or his order, shall suffer in life or member, no one shall be liable to any fine for it. But if any person wantonly or cruelly kill his own slave, he shall pay into the public treasury fifteen pounds*. If he intentionally kill the slave of another, besides paying the 'owner double the value, * Though the punishment here prescribed, may appear disproportioned to the enormity of the crime, it should be remembered, that in a country where slaves com pose the principal part of the property of the inhabitants : and where their labour, or hire, is, in many cases, the only means of their owner's support ; the loss of a slave is, of itself, a very heavy forfeiture, without any additional penalty. It never once entered into the imagination of the legislature, that any reasonable being, OF BARBADOES. 133 and twenty-five pounds to the treasurer, he shall be bound CHAP- *?• to his good behaviour, during the pleasure of the governor l68S- and council. And if any person kill another man's slave by accident, he shall only be liable to the owner's action at law*. But if any person kill a negro, by night, out of the road, stealing or attempting to steal his provisions or other goods, he shall not be accountable for itf ." The lenity of this law has been generally condemned with indecent asperity by the humane, mistaken, and mis informed Europeans, for its reputed insufficiency to afford protection to a hapless race of beings. Nor is it surprising governed by those considerations of interest which commonly influence mankind^ would wilfully sacrifice the life of a valuable slave. People abroad may indulge their talents for conjecture, and reason hypothetically concerning the reputed inhumanity of the West Indians ; but, happily, such instances of extreme cruelty are unknown. in Barbadoes. * A sufficient punishment, surely, for accidental homicide ! " This homicide is. not felony, because it is not accompanied with a felonious intent, which is necessary in every felony." (1 Hawkins 75.) " But in all cases of homicide, by misadventure, it is nevertheless a tresspass, and the person hurt shall recover his damages ; for though the chance excuse from felony, yet it excuseth not from trespass.'' (1 Hale's Hist. 472.) Burns Justice, v. 2. p. 505. f " If a thief be found breaking up, and he be smitten, that he die, there shall no blood be spilt for him." Exodus, c. xxii. v. 2. "If any evil disposed person shall feloniously attempt to rob, or murder, any person, in any dwelling-house or highway ', or feloniously attempt to break any dwelling-house in the night time, and shall happen in such felonious attempt to be slain, the slayer shall be discharged, and forfeit no lands or goods." Burn's Justice, v. 2. p. 502. 154 THE HISTORY C3^2* *na;t a Iia^on' habituated to the contemplation of public 1688. ^executions, without perceiving that crimes are not dimi nished by excessive severity, should erroneously conclude that no punishment, short of death, is capable of restrain ing the violence and impetuosity of turbulent, licentious man. But the children of the sun, incapable of those deliberate acts of cruelty, injustice, and treachery, which are frequently perpetrated by the gloomy phlegmatic inha bitants of more northern climates, have found a milder system of jurisprudence, sufficiently efficacious in promoting the ultimate object of all penal laws, the prevention of crimes. It is not pretended that no murders whatever have been committed. I only mean to assert, and I do it with con fidence and exultation, that they are less frequent in Bar badoes than in any county of Great Britain, or, perhaps, in any part of the world, where they are capitally punished. The population of Barbadoes consists of seventy-five thou sand blacks, and fifteen thousand white inhabitants ; con sequently, allowing the provocations offered by both classes to be equal, the number of negro homicides committed by freemen, compared with those of the white, should be in the proportion of five to one. But, however incredible it may appear to our European calumniators, it is an indis putable fact, that homicide among the white inhabitants, though far from being a common occurrence, and notwith- - standing it is usually punished here in the same exemplary OF BARBADOE& 135 manner as at the Old Bailey, is yet a much more frequent chap^tv^ offence than the murder of a slave by a free man. l688* In a period of thirty-four years, there have been no au thentic accounts of more than sixteen negroes killed by white men, and of these only six come within the legal description of that species of homicide which even the English criminal judicature would punish with death. Lord Seaforth, during his administration, instituted a mi nute inquiry into offences of this sort; and, though he employed no ordinary degree of industry in pursuing the inquisition, three instances of extreme cruelty were all that he could ascertain to have been committed for several years. Now let the candid and impartial reader take these facts into consideration, and then let him say in what happy region of the habitable globe it is possible to meet with so few instances of criminality, in the same space of time,. among a people so numerous. Such is the lamentable frailty of imperfect man, that in every society, composed of such fallible beings, whether under the rigour of the British criminal code, or the milder influence of West Indian policy, offences must come. That they are punished, im plies but little merit in the system of legislation by which the punishment is sanctioned, if they are not prevented; or, at least, rendered comparatively few. But all discussion on this subject is now at an end. The legislature have passed a law to punish the wilful murder of a slave with death. Nor was it from any want of hu*> 156 THE HISTORY chap. iv. inanity, or regard for justice, that this measure has been 1688. so iong delayed. The infrequency of the crime proved the efficiency of the existing law, in restraining the hand of violence as effectually as could have been done by a more sanguinary mode of punishment. Barbadians require not the terror of capital inflictions to restrain them from those atrocities which disturb the domestic peace and happiness of private society, in nations who extol the perfection of their criminal code. In the natural mildness and be nignity of their tempers, the weak and defenseless find security and protection from violence and injustice. In a review of this memorable law, the cruelty and in justice of some sections cannot escape observation. The negro is here denied the natural right of defending himself against the attacks of his fellow slave. In assaults and affrays the innocent and the guilty are equally liable to punishment ; and in homicide here are no legal gradations of guilt. The slave, who kills another, shall surely die. Self-preservation is nature's primary law. When God be stowed existence upon man, he gave him the right of self- defence ; and no human jurisdiction has a legitimate power to deprive him of this sacred privilege. This law of nature, being coeval with mankind, and dictated by God himself, is of superior obligation to any other. No human laws are of any validity, if contrary to this*. Such a law is an * Blackstone's Comm. vol.1, p. 40. Lord Chief Justice Hobart declares, that even ' «an act of parliament, made «ontrary to natural justice, is void in itself, OF BARBADOES. J 3? outrage on the natural feelings of mankind, and re- C^XU' pugnant to every principle of natural and political jus tice. It cannot be dissembled, that some other clauses of the statute evince a harshness and severity unworthy t of a christian legislature. Capital offences are created with a facility and heedlessness highly culpable, and the most shocking and immoderate punishments are annexed to trivial offences. It is enacted, That if any slave strike a christian, he shall, for the first offence, be severely whipped, by order of the justice of the peace to whom the complaint shall have been made upon oath; and for the second offence he shall, besides being whipped, have his nose slit, and be burned in the face with an hot iron. This clause breathes the sanguinary spirit of a Nero or Domitian ; but let me add, with conscious exultation, that it is enforced with the mildness and clemency of a Titus. A single instance of the horrid infliction prescribed for the second offence, is unknown to the oldest inhabitant of the country. It is admitted even by an enemy*, that the present race of Bar badians is more humane, and incomparably more enligh tened, than their ancestors. The generous natives of the torrid Zone, whose hearts are as warm as the atmosphere * Dickson, vide Letters on Slavery, p. 145. 158 THE HISTORY CIi^v^7' *n wmck tney breathe, disdain to oppress the sable labourer who contributes to their luxury, or provides for their sub sistence. But this is not enough. It is not enough that this barbarous law should be neglected ; it ought to be ex punged from the statute book. But while, from the purest motives of humanity, I reprobate this sanguinary clause, with what propriety, may I be permitted to ask, can those condemn it, who, in a land of freedom, sanction and prac tise punishments more severe for offences not more atro cious ? Is the soldier, who fights the battles of his country, and lifts his hand against his commanding officer, more criminal, or punished with less severity, than the audacious slave who strikes his master ? Is the gallant sailor, who upholds the nation's glory, and protects it by his valour and prowess, subject to a milder punishment, if, in a moment of unguarded resentment, he should strike the officer whose orders he is bound to obey ? No, an ignominious death awaits the rash offender : his former services are forgotten, and he is consigned to a premature grave for his temerity, while the slave lives to repeat his crime and exult in his audacity. Of the mode of proceeding on the trial of slaves, it may be proper to take some notice in this place. In all common cases, a justice of the peace is empowered to hear the complaint, and proceed to judgment; and, on the most ordinary * and trivial aggressions, the evidence of the first » OF BARBADOES. 139 gentleman in Barbadoes, against the worst negro, is given CHAP- Iv° on oath. But in cases of felony, two justices of the peace l688, are required to take cognizance of the offence, and to summon a jury of three freeholders ; not merely of the vicinity, lest any partiality should be used in the selection, but who are nearest to the spot were the felonious act was committed. Here the same formality is practised, as in all other judicial proceedings. The accused is confronted wTith his accuser and the witnesses ; he has counsel assigned him at the expense of his master, and every means known to the courts at Westminster Hall, are employed in the full and fair investigation of the charge. When the evidence is closed, the magistrates and the jury, collectively, are left to decide; and a single dissentient absolves the prisoner from guilt. If he is convicted, there yet remains another chance of saving him from the sentence of the law, the right of appeal to the governor and council; a right which is usually exercised, whenever there is the least prospect of its being successful. To this form of trial, the only objection which can pos sibly exist, is to the number of the jury ; and certainly it would be more conformable to the principles of English jurisprudence, were the jury, on these occasions, composed of the same number of freeholders as in other cases. Yet no inconvenience has ever been experienced from this co lonial deviation from this fundamental rule of criminal t 2 140 THE HISTORY CHj^>lV* judicature. Infallibility is not the property of any precise 1688. number of persons. Truth may be as thoroughly inves tigated, and justice as faithfully administered, by five as by twelve. Let me not be misunderstood. I mean not to speak lightly, nor irreverently, of the established mode of trial by jury. With enthusiastic veneration, I regard it as the palladium of all our civil and political rights. These remarks are merely intended to establish this position, that the form prescribed by the colonial law, for the trial of slaves, is, in all respects, competent to the regular and im partial administration of justice ; and candid men may probably think, that a tribunal, consisting of two magis trates and three jurymen, may be as capable of deciding justly, as the military and naval courts martial, which are allowed to decide upon the lives of freemen. To the efficiency of the code of Barbadoes for the pro tection of slaves it is objected, that it allows not the evi dence of coloured people, in any cause of complaint against the white inhabitants. Even the advocates for the admission of such testimony seem startled at the ex travagance of their own proposition, and suggest, by way of modification, that the testimony of two or more negroes should be made equivalent to that of one white person . and that such as profess Christianity might be sworn on the Evangelists. God forbid that such a direful calamity should befall this happy land. The avenging sword of the conque- OF BARBADOES. 141 ror; the famine that spreads desolation in its progress ; or the C^A^J- pestilence that precipitates thousands to eternity, is scarcely more terrible to the imagination than the idea of admitting seventy or eighty thousand heathen slaves to bear witness against their christian masters. A proposal so preposterous can originate only in the most consummate ignorance of the character of the negroes. They are pagans in the most extensive signification of that opprobrious appellative. Without even the advantage of idolatry;, they have no system of morality, no sense of religion, nor faith in its doctrines ; their creed is witch- craft, and' their only religious rite the practice of Obeah. Travellers report, that the Africans are believers in the Supreme being ; that they have modes of worship, and many religious ceremonies. But those who have been brought to Barbadoes seem to have left their national faith and household goods behind ; and, what is far more un fortunate, they have adopted no others in their stead. Some, indeed, profess Christianity, that is, they have been baptized, but their hearts are as void of any religious im pressions as if they had continued in the wilds of Africa. Frequent attempts have been made by some humane owners to comrert their favourite slaves to Christian ity, and though many of them are treated with parental fondness and indulgence, no benefits have been derived from the pious endeavours to effect their conversion. 142 THE HISTORY C2£iwV' ' It was laid down by Lord Coke, that an infidel cannot loss. ke receive(j as a witness ; and in a suit for a divorce in Doctor's Commons, the evidence of a negro, in much later times, was rejected, beeause he was not of the Chris tian religion* Again, in the case of Admiral Matthews against the India Company, in the Exchequer, the testi mony of Orangee, a black man, was rejected, by the ad vice of the Court of King's Bench, upon the same princi ple. It seems, however, to be generally admitted, that heathens and idolaters may be sworn upon what they con sider the most sacred parts of their religion. This point was not long since elaborately argued in Chancery, by some of the most eminent lawyers in England ; and it was finally decided by Lord Hardwicke, assisted by Chief Ba ron Parker, and the Chief Justices of the King's Bench and the Court of Common Pleas, that the testimony of wit nesses of the Gentoo religion, sworn according to their particular ceremonies, should be received*. But then it was proved to their Lordship's entire satisfaction that the Gen toos believe in God, the creator of the universe, and in the doctrine of future retribution. Upon this occasion, Lord Chief Justice Willis, in delivering his opinion, said, " though I am of opinion that infidels, who believe a God * Atkins's Reports, Omychund v. Barker. OF BARBADOES. 143 and future rewards and punishments, may be witnesses ; yet I am as clearly of opinion, that if they do not believe in God, or future rewards and punishments, they ought not to be admitted as witnesses: neither ought the same credit to be given to the evidence of an infidel as of a Christian, because he is not under the same obli gation." I have already shewn that the negroes are not possessed of those religious sentiments which can inspire them with a just sense of the sacred obligation of an oath. Besides aa obvious distinction presents itself to the mind, between the testimony of infidel witnesses, in particular eases., and that of slaves admitted generally against their masters. The admission of such testimony, in special cases, in Eu rope, can be attended with no material inconvenience to' the people. W ith us there is a difference ; and it would be almost madness to expose the lives, the liberties, and pro perties, of the West Indians, to a savage multitude, who have not the fear of God before their eyes to restrain them as witnesses, from glutting their revenge by the most horrid perjuries. Were the testimony of slaves once allowed, Barbadoes would be no place of abode for any honest man who had a regard for his reputation, his interest, or his personal safety. No innocence of life, no integrity of heart, would afford security from criminal prosecutions, sup ported by such evidence. If in civilized society, in the 144 THE HISTORY * chap. IV. most polished provinces of Europe, the roost barefaced 1688. perjuries are daily committed by men educated in the prin ciples of Christianity, it is easy to foresee what must be the fatal consequences of legaUsing the testimony of an igno rant, superstitious, vindictive race, whom no religious nor ¦moral obligation can bind to speak the truth. CHAP. OF BARBADOES, 145 CHAP. V S[R TIMOTHY THORNHILL 's GALLANT EXPLOITS — COLONEL KEN- 1 DALL APPOINTED GOVERNOR THE COUNTRY SUFFERS FROM AN EPIDEMIC DISEASE A NEW PLOT AMONG THE NEGROES- UNSUCCESSFUL ATTACK ON MARTINICO COLONEL RUSSEL SUC CEEDS TO THE GOVERNMENT — HIS DEATH. XN the course of this year an event had taken place in chap. v. England which diffused a general, though short-lived, sa- 16m. tisfaction among the King's friends. The royal consort, to the inexpressible joy of the court and the Roman Catholics, both at home and abroad, was safely delivered of a son. The birth of a Prince of Wales, it. was vainly hoped, would give stability to the tottering throne. An occurrence of so much importance did not fail to draw forth the most lively demonstrations of joy in Barbadoes. But the pub lic rejoicings on this occasion had scarcely ceased before the Revolution placed the Crown of Great Britain on the heads of William and Mary, Prince and Princess of Orange. Mr. Stede's principles of loyalty and fidelity readily accom modated themselves to this change of circumstances, and he chearfully proclaimed the accession of the new sove reigns; observing, that if they were King and Queen at u 146 THE HISTORY chap. v. Whitehall, they ought to be so here. For this service his 1689. excellency had the honour of having his commission re newed, in due form, by King William. This event soon presented the Barbadians with an oppor tunity of displaying their zeal and spirit in defence of his Majesty's rights in the western hemisphere. The French, who Avere prof ..r-iedly the friends and protectors of the un fortunate family of the Stuarts during their exile, in con junction with some Irish Roman Catholics, attacked the- English settlers at St. Christopher's, immediately after the abdication of James. This hostile proceeding, which was afterwards extended to the other British plantations-,- was conducted with such an unusual degree of animosity and savage barbarity, that General Codrington, who had been recently appointed by King William to the government of the Leeward Islands, was forced to apply to Barbadoes- for succour, to enable him to repel these daring acts of aggression. The Barbadians, generously participating in the resent ment of their injured fellow subjects, consented, without hesitation, to contribute their assistance. Sir Timothy Thornhill, major-general of the militia,, gallantly volun teered his services, and quickly raised a regiment of seven hundred men, who were accoutered, armed and embarked at the public expence. This expedition sailed from Car lisle-bay, on the first day of August; and arrived at Anti gua on the fifth of the same month. Here Sir Timothy had OF BARBADOES. the mortification to* learn that the people of St. Christopher's had been obliged to capitulate two days before he left Bar badoes, on condition of their being transported to Nevis. His force being insufficient to attempt the recovery of the island, General Codrington and himself determined to await the arrival of a fleet from England, which was daily expected with troops for the defence of the islands. But this reinforcement not arriving at the time it was expected, these spirited commanders embarked a part of the Barba dian militia on board some small sloops, and* dispatched them to Anquilta, whence they brought off the remains of that small colony, which had suffered greatly from the cruelty and rapacity of the French and Irish Catholics. November. After this, Thornhill proceeded with his regiment to Nevis, which was menaced by the enemy, but the timely arrival of this reinforcement effectually relieved the inhabitants from their fear of invasion. General Codrington, finding the posture of affairs would admit of no delay, hastened after him ; and, though the armament from Europe had not arrived, these brave and active officers soon planned an expedition, in which their combined forces might be usefully employed. Pursuant to this plan, Thornhill, with a detachment of three hundred Dec. 15. Barbadian, and two hundred Nevisans, sailed to the at tack of Saint Bartholomew's. Having landed his men, he pushed forward with such alacrity that in four days time the island surrendered to his victorious arms. This acqui- u 2 148 THE HISTORY chap. v. siti6n was obtained with the loss of onry ten men killed 16a9- and wounded. On this occasion the general does not ap pear to have acted with; becoming moderation. The prison ers, to the amount of nearly seven hundred men, with their negroes, live stock and other effects, were conveyed to Ne vis, while the unhappy women and children, torn from the embraces of their husbands and fathers, were sent to Saint Christopher's. This unnecessary cruelty was severely re probated in England, and the inhabitants were restored to 1690> the possession of their property as British subjects*. Jan. 19. Flushed with victory, Sir Tiniothy next attempted the reduction of Saint Martin's ; where, though he was ulti mately unsuccessful, he gained fresh laurels. The descent was effected without opposition; but his progress was im peded by greater difficulties than had been foreseen. He nevertheless succeeded in destroying the principal fortifica tions, and was prevented from accomplishing the conquest of the island only by the unexpected arrival of M. du Casse, the French admiral, with a strong armament, from St. Christopher's. Thornhill was now compelled to con tract his posts, and to concert proper measures for his own safety. General Codrington, apprized of his critical situa tion, immediately detached Colonel Hewitson, to Saint Martin's, with two hundred men, under the convoy of * Universal Hist. vol. 41, p. 155, 259, 273, 290, 30*. 6 OF BARBADOES. 149 three sloops of war. After a smart action between the hos tile squadrons, which terminated in favour of the British, Thornhill conveyed all his artillery, baggage, and plunder, on board the fleet ; and then, ordering his tents to be struck, began his march to a convenient place for embarking his toops; but the enemy, perceiving his- design, commenced a furious attack upon him, in which, however, they were beaten back to the woods. The general having made good. his retread, with a trifling loss, reimbarked his gallant little army, and returned to Nevis, where he was joined by Ge- Feb. 2. neral Codrington, with twelve hundred men. The ardour of these congenial spirits urged them to the most vigorous operations against the enemy ; nor was it long before they were enabled to accomplish the grand ob ject of their wishes. Commodore Wright having at length. arrived with the long expected succours from England, Codrington, who was appointed commander in chief of the troops, immediately sailed from Nevis for the attack of June I9" Saint Christopher's. The descent was conducted by Ge neral Thornhill, who, at the head of his- own regiment, strengthened by one hundred and fifty men, drawn from the others, landed at the foot of a hilt, which the French, deeming inaccessible, had left unguarded. Sensible of' the importance of this post, Thornhill, with his usual viva city, proceeded to take possession ©f the height ; but this was not effected without much danger and some blood shed. When he had gained the summit, unexpectedly en- THE HISTORY countering a detachment of the enemy, his corps sustained an arduous conflict, with great firmness, till the arrival of Colonel Holt, with the Duke of Bolton's regiment, when the French were driven, in the utmost confusion, from their trenches. In this engagement, Thornhill was so grievously wounded, that he was forced to retire on board one of the ships. The command of his regiment, after this accident, devolved on Colonel Thomas, who was ordered to pene trate into the country, supported by Colonel Williams, at the head of a regiment of Antegonians. On this service the Barbadians were exposed to a spirited attack from a su perior body of the enemy, and, from their imprudence in advancing with too great temerity, must have been inevi tably cut off, but for the seasonable advance of Williams's reserve. The timely approach of their friends inspired the Barbadians with fresh courage, and the enemy were soon compelled to take refuge in the woods, and other strong holds. Sir Timothy Thornhill, having sufficiently recovered of his wounds, soon after resumed the command of his re giment, and contributed materially, by his bravery and .July 12. conduct, to the reduction of the island, which at length capitulated to General Codrington, as commander in chief. After the conquest of Saint Christopher's, Thornhill pro ceeded with the marines and his own regiment to Saint Eustatius, whence the Dutch had been recently expelled by the French. With the trifling loss of ho more thaa OF BARBADOES. eight men, he stormed the principal fort, a place of con siderable strength, mounting sixteen guns, drove out the French and restored the island to its former proprietors. This victory closed Sir Timothy Thornhill's brilliant career. Finding that he could be of no farther use in the Leeward Islands he embarked his troops and returned to Barbadoes, These enterprizes were so judiciously planned and con ducted with 'such consummate prudence and courage,, that they reflected the highest honour on the character of the West Indians in general, but more particularly on the illus trious patriots General Codrington, and the intrepid hero,. Sir Timothy Thornhill,. by whom they had been disinter estedly undertaken and gallantly performed^ These trans actions have been the more circumstantially detailed, be cause, independent of the gratification resulting from re cording the gallant exploits of a meritorious officer, and a countryman, they serve to correct a popular error into which many economical politicians have fallen with respect to the expence of maintaining the militia; which, in their apprehension, is inadequate to the purposes of effectual defence. We have before us the most indubitable evidence, not only of the courage of the West Indians, but of their having been successfully employed in offensive operations against their.enemies abnoad. As in this service, attended: with no inconsiderable difficulty and danger, they acquitted themselves, with a firmness and discipline equal to veteran troops, we may, with a well-grounded confidence, expect; 152 THE HISTORY ^fj^ no less spirited exertions, when called on to defend their 1690. country, their liberty and property. On Thornhill's return to his native country, the legisla ture, impressed with a just sense of his extraordinary merit, voted him a present of one thousand pounds, in consi deration of the courage; skill and address, which he had displayed in his late command against their Majesties' enemies, and for his services in the care and discipline of the militia. Sir Timothy had the further satisfaction to find, that, during his absence, his implacable enemy, Mr. Stede, had been superseded by Colonel James Kendal, a native of Barbadoes, who had been promoted by his Sovereign to the government of the island. The appointment of this gentleman seems to have been no less acceptable to his countrymen than beneficial to the colony. By his candid representation of the loyalty and tmiet disposition of 'the people, he effectually removed the prejudice which had been excited against them on the other side of the Atlantic, by the partial and unjust ac counts transmitted by his predecessors ; and several mem bers of council, who had been suspended in consequence of the misrepresentations which had been made to the crown, -were now restored to their former rank and dignity. The legislature, as a testimony of their respect for the person and character of their new governor, within two months after his arrival, voted him a present of fifteen hundred pounds. This liberality was occasionally repeated during OF BARBADOES. 153 his subsequent administration ; the assembly manifesting CHAP- v- their esteem for him by an annual, though irregular, dona- l69°- tive; which fluctuated, according to the humour of the day, or the circumstances of the country, from five hundred pounds currency, to two thousand pounds sterling. .All our colonial historians agree, that Barbadoes had now 1692. attained the zenith of prosperity ; whence she was to de scend by a gradual but certain decline. Rich, powerful, and populous, she possessed all that could make her happy at home and respected abroad. But the pleasing scene was soon overcast with the clouds of calamity, that, lour ing over her head, obscured the gay sunshine which illu mined the horizon. Notwithstanding the success which attended the military operations of the West Indians, the inhabitants of Barbadoes suffered severely from the depre dations committed on their commerce. Commodore Wright, who seems to have possessed neither the courage nor the conduct essential to the character of a naval commander, adopted no measures for the protection of trade, while the French remained masters of the sea, and daily intercepted the supplies designed for the support of the plantations. The Barbadians, thus left to defend themselves, were under the necessity of fitting out two large ships, at their own cost, to guard their shores, and afford a feeble security to the remains of their almost ruined commerce. These disas ters were aggravated by the avarice of the ship-owners, who, availing themselves of the want of vessels to transport x 154 THE HISTORY chap. v. tne produce of the island to Europe, demanded the most m2# exorbitan t prices for the carriage of sugar and other com modities. To check this evil;, it was deemed expedient to pass a law, ascertaining the freight of sugar, cotton, and ginger. This regulation naturally failed to produce the intended effect. The ship-masters, who could not be com pelled to send their vessels to Barbadoes, or to receive freight upon the terms prescribed by the act, went to other ports, where they were liable to no restrictions; and the planters suffered more from the operation of the remedy than from the evil which they had vainly sought to redress ; & convincing proof that trade will not be bound nor confined by arbitrary restraints. The folly and expediency of the law having been thus demonstrated, it was soon repealed; The calamities of war were now accompanied by the ravages of pestilence. An epidemic disease, supposed to have been introduced by the troops from Europe, but which was more probably, imported with the negroes from Africa, raged throughout the island with such fury that the number of burials in Bridge-town alone were commonly twenty in a day*. The soil, deprived of a considerable portion of the labour required for its due cultivation* no longer yielded its fruits with its accustomed liberality; and a total failure of the crop added to the general misfortune. To complete * European Settlements in America, vol. 2. OF BARBADOES. 155 the climax of ills with which the Barbadians were afflicted, ghap. v. the horrors of insurrection seemed ready to overwhelm l6g% them. Encouraged by the public distress, the discontented slaves entered into a well concerted plan for exterminating the white inhabitants, whose numbers were considerably dimi nished by the contagious distemper which prevailed. This conspiracy appears to have been planned with more judg ment than had been hitherto displayed by these ignorant, infatuated creatures, in any of their former criminal at tempts. A particular day was appointed for a general re volt of the slaves throughout the island ; those on each plan tation were, at a certain hour, to massacre their masters and all the white servants. The carnage was to have com menced with the governor; the store-keeper was to have been assassinated by his waiting-man, who, after perpe trating the atrocious deed, was to supply the conspirators with arms and ammunition from the public magazine. Proper officers were appointed, under whose conduct the insurgents proposed surprising the forts which commanded Carlisle-bay, whence they might have been enabled to se cure the shipping. The project was nearly ripe for execution, when that gra cious Providence, which wisely governs all things, miracu lously interposed to save the unconscious Barbadians from the destruction just ready to burst on their heads. Two of the principal conspirators, in a state of fancied security, x 2 156 THE HISTORY chap. v. Were accidentally overheard, conversing on their diabolical lSm scheme. These wretches were instantly arrested ; but, ex pecting that their confederates would make an effort for their relief, they obstinately refused to make any confession which might implicate their friends ; and, with a firmness worthy of a better cause, submitted to be hung in chains four days, without meat or drink ; when, finding all hopes of a rescue vain, they offered to impeach their ac complices, on consideration of receiving a full pardon for themselves. This proposal being acceded to, they made an unreserved discovery of the whole plot. Their confederates were immediately apprehended, and put upon their trial ; and, upon the most incontestible evidence of their guilt; many of them, to the great injury of their owners, were condemned to suffer death. The next object of the public attention was to provide some effectual security against the recurrence of the danger from which they had been most providentially delivered. But this seems rather to have been an object of deep-felt solicitude than of easy or perfect attainment. It is scarcely possible, in a country where slavery subsists, to guard against the dark designs of secret treachery, or the more daring attacks of open violence. In every dis pute between parties of whom neither possess the advan tages of military discipline, numbers must finally prevail. This single consideration is sufficient to convince our co lonial statesmen of the imperious necessity of a strict atten- 1 OF BARBADOES. 157 tion to the maintenance of a well-regulated militia, and of chap. v. the folly of putting arms into the hands of those, who, at 1692- no distant period of time, may employ them in the de struction of their unwise rulers. Whether the legislature of that day overlooked these im portant points, is now difficult to determine ; it is, however,. certain that they contented themselves with passing two laws, offering indemnity and emancipation to the slave, who should give information of any conspiracy among the ne groes; the bther prohibiting the selling of rum, or any kind of strong liquor, to any negro or other slave. The policy of this latter law, was founded on a supposition that plots and conspiracies were commonly entered into upon occa sions of negro festivity, and were facilitated by the power of intoxication. But, whatever might then have been the opinion entertained of the propriety and efficacy of this prohibition, it is now suffered to slumber in oblivion. The utility of this particular act is at last extremely doubtful ; for, exclusive of the absurdity of formally prohibiting what is still openly permitted; and was, perhaps, never intended to have been entirely prevented, it would be cruel to deny the servile labourer the use of the care-drowning draught, the opiate of affliction ; which, taken in moderation, en livens the heavy hours that roll over his head ; obtunds the sense of pain, reanimates the spirits exhausted by fa tigue, and invigorates the constitution exposed to the vicissitudes of a rigorous and variable climate.. loS THE HISTORY Far from being disheartened by misfortunes, the Barba dians considered every new calamity as an additional mo tive for vigorous exertion. The naval superiority of the French, in the West Indies, filled them with the most serious apprehensions of invasion. Under this impression, they wasted no time in fruitless discussions concerning the mis- application of the duty on their staple commodities, nor involved themselves in unavailing disputes with the mini sters of the crown, on the injustice of diverting the produce of that impost to purposes foreign from those for which it was granted ; but with a truly patriotic spirit, they pru dently determined to employ what means were in their power, in providing for the safety of their country. With this view, the old fortifications were repaired, and new ones erected wherever they were required. Two armed ships were equipped, at the public expense, for the pro tection of trade ; and their agents*, in England, were directed to apply to the ministry for a regiment to be sta tioned on the island for its defence. This request was readily complied with, and the troops on their arrival were quartered on such of the inhabitants as were deficient of men to serve in the militia. Each soldier was allowed, by the person on whom he was quartered, six pounds of salt * Edward Littleton and William Bridges were appointed agents for the colony in September 1691. They were the first persons employed in that character, and had *ach of them, a salary of two hundred and fifty pounds a year allowed them. OF BARBADOES. 159 meat or fish, each week, besides plantation provisions ready C^^Z' prest, and comfortable lodgings* . 1692- All these precautions were deemed inadequate to the safety of the island, while the French remained in posses ions of Martinico. The proximity of such formidable neighbours, necessarily occasioned continual alarm ; the British ministry, therefore, determined to annihilate the power of France in the West Indies. But as a sufficient force could not be spared from England, the colonies were required to contribute a proportion of troops for the ser vice; the contingent demanded of Barbadoes, was one thousand men. The Barbadians entered into the scheme with alacrity. Independent of every other consideration* their resentment against the French was sharpened by re cent injuries,, and particularly by the more than probable opinion that the late insurrection among the blacks had been contrived and promoted, by emissaries from Martinico* Two regiments, consisting of five hundred men. each, were accordingly raised, and the command given to Colonel September,. Salter and Colonel Boteler, two gentlemen of distinguished rank, and fortune in. the country. The expense of this un dertaking amounted to, the sum of thirty thousand pounds; a burthen too great to be borne by a small colony, already. labouring under a heavy load of taxes, for the support of government. * Hall's Laws of Barb. p. 486; l6o THE HISTORY The armament which Great Britain allotted for the expe dition against Martinico, consisted of eight ships of the line and four frigates, under the command of Sir Francis Wheeler, an officer of high reputation in the navy, with eighteen transports, having on board fifteen hundred troops, commanded by Colonel Foulk. These, on their arrival at Barbadoes, were joined by two regiments raised within the island, and four hundred volunteers, who gallantly offered their services on the occasion. No unnecessary delays were suffered to impede the sailing of the squadron, which left Carlisle Bay on the thirtieth day of March, and arrived at Martinico two days afterwards. The fleet came to an anchor in the Cul de sac lloyale ; and, after some time spent in making the necessary preparations, Colonel Foulk April 12. made a descent with fifteen hundred men, whom he em ployed in destroying some defenceless houses and deserted batteries. Having spent one entire day in these acts of wanton cruelty and useless hostility, against an unresisting enemy, he reimbarked his troops, and took no farther share in the operations of the army. The commodore, at the head of five hundred seamen, now landed, at Diamond Bay, and pursued the work of destruction ; burning and destroying several plantations in that neighbourhood, and driving the unarmed, dismayed inhabitants, into the woods. Another detachment, led by Colonel Lillington, penetrated the open country, which they ravaged without oppo- OF BARBADOES. '161 sition and returned without performing any essential ser- chap. v. vice*. 1693. The army was now reinforced, by the arrival of General Codrington, with Lloyd's regiment, from Antigua, and a body of troops raised within his government. This acces sion of strength was deemed sufficient to enable the British commander to attempt the reduction of the capital of Martinico. Sir Francis Wheeler accordingly proceeded APril I5.« with the fleet to Saint Pierre's, and resolutely anchored within musket shot of the shore. Here the Barbadians* supported by the troops from the Leeward Islands, emi nently distinguished themselves. Having effected a land ing, they immediately occupied an eminence which com manded the town; they scoured the country, drove the enemy from all their advanced posts, and compelled them to seek security within their entrenchments. The garrison April 19, made one effort, by a vigorous sortie, to dislodge the assailants, but they were repulsed, and retired under shel ter of their cannon. While the troops were thus employed on shore, most of ? the principal officers of the army remained on board the ships, where they died ingloriously of pestilential diseases. Victory, however, seemed ready to crown the invaders with success, and to reward them with the possession of Saint Pierre's, when the attack was most unaccountably aban- * Univ. Hist. vol. 1. p. 160. Campbell's Lives of the Admirals, vol. 2. p. 447. Y 162 THE HISTORY chap. v. doned. A council of war having met, they resolved, that 1693.^ [n tne sickly condition of the army and navy, and from many unforeseen difficulties which must be encountered in the progress of the siege, the conquest of the place was impracticable. In consequence of this resolution, the troops and artillery were> immediately reimbarked ; and thus, under the most encouraging prospects of success, tended an expedition which nothing could have defeated, but the flagrant misconduct of those to whom it was in trusted. Many of the officers were Irish Roman Catholics, notoriously disaffected to the family on the throne, and were employed on. this service merely as a pretext for send ing them out of the kingdom. To the honour of the West Indians, it is generally allowed, that if the European troops had behaved as well as they did, not only Martinico, but all the French islands must have fallen into the hands of the British*. 1694. Upon the change of ministry in England, Colonel Francis Hussel, brother to the Earl of Oxford, was appointed to the government of Barbadoes, and his regiment ordered to be stationed there.- Mr. Kendall, by a particular order from the King, took his seat at the council, as president of that board-}*, but was soon after recalled, and made one of the commissioners of the admiralty. The new governor Univ. Hist. vol. 41 . p. 160. + Hall's First Settlem. of Barb. p. 29. MS, OF BARBADOES. 16*3 was received with the usual demonstrations of respect ; ^^J' and notwithstanding the accumulated distresses of the peo- SepJe6^beR- ple, the assembly voted him a present of two thousand pounds. Precedents, though dangerous, are easily esta blished; and attempts are sometimes made to justify the worst measures by cases originally innocent and commend able. Thus the liberal largesses bestowed on former go vernors, under circumstances widely different, had formed a precedent from which the legislature could not depart, without making an invidious distinction to the disadvan tage of their present commander in chief. But Colonel Russel was to be distinguished by a munificence which none of his predecessors had ever enjoyed. Though the country was impoverished by a succession of calamities, it was resolved to provide hi& regiment with quarters at the public charge. The soldiers, by an act of the legislature, were quartered on the plantations, to serve in the militia, and were entitled to receive from each person, for whom they served, the same rations as were allowed during the late administration. The inhabitants received nine- pence a day from the treasury,, for each soldier quartered on them; and in Meu of provisions, it was optional with the landlord to pay the soldiers, while on duty, one shil ling a day. The next year was marked with acts of still greater generosity. In addition to another benevolence of two thousand; pounds, his excellency was presented with three 1695., 164 THE HISTORY chap.v. hundred pounds sterling, for the purpose of replenishing 1695. h^ cellars ; and, by an extraordinary stretch of complai sance, another act was soon after passed, for supplying the commissioned officers of his regiment with provisions at the public expense. For this purpose, the major was al lowed four shillings a day, each captain two shillings and sixpence, the lieutenants, quarter-master, and surgeon, each two shillings, to be paid out of the treasury. The bulk of the people were extremely discontented at this ex cessive profusion. Their complaints were, however, but little regarded by the parasites who wished to ingratiate themselves with the governor, and to bask in the sun-shine of court favour. Those who hold the strings of the public purse, seldom reflect on the condition of the lower classes of people. Clad with authority, and indulging in the pleasures of affluence, they are strangers to the misery of those from whom' they exact the last shilling, to pamper their own luxurious appetites, or to promote their schemes of ambition. They can well afford to gratify the liberality of their tempers, whose extravagance is supported by a whole community ; and to purchase the patronage of a venal chief, when the price is paid out of the public trea sury. A few leading members of the legislature enjoy all the merit, and receive the exclusive reward of their muni ficence, while the poor labourer, and the humble house holder, from whose starving mouth the scanty morsel is snatched, and from whose shivering limbs the tattered weed OF BARBADOES. \6j is torn, are insulted and despised by the proud, unfeeling great, whom they contribute to support. The extraordinary generosity of the Barbadians procured them no favour nor indulgence. Indeed, any expectation of conciliating the friendship of government, by such means, will ever terminate in disappointment. The readi ness with which the colonial assemblies dispose of. the money belonging to their constituents, is generally con sidered as an evidence of their wealth, rather than of the liberality of their minds; and the demands, on their gene rosity, will always be proportioned to the facility with which they are granted. The epidemic disease, already mentioned, still continued to spread desolation throughout the island. On board the men of war, the mortality was so great, that the legislature, notwithstanding the enormous expense which they had lately incurred, were obliged to fit out the Marigold brig, to bring home a part of the troops employed on the late unsuccessful expedition against Martinico, which had been left at Antigua, by Commodore Wheeler. They granted the sum of fourteen hundred and eighty-four pounds ster ling:, for victualling and manning the Bristol frigate, and the Playfair prize, to cruise against the enemy*, and were under the necessity of paying the very ships appointed to convoy their trade to Europe. Yet so little attention was * Hall's Laws of Barb. p. 43S, 48?. 4 166 THE HISTORY chap. v. shewn to the security of the island, that on the appearance 1696. 0f a French fleet, bound for Carthagena, there were not seven rounds of powder in all the forts upon the island*. In this state of things, the governor, who was much ad dicted to the pleasures of the table, was seized with a fever, generated by intemperance, which soon put a period to his existence-f^ Univ. Hist, vol, 41. p. 161. -fr Memoirs of Barb. p. 46. OF BARBADOES. 167 CHAP. VL PRESIDENCY OF MR. BOND — ARRIVAL OF GOVERNOR GREY HE RESIGNS THE GOVERNMENT — MR. FARMER PRESIDENT — A CON SPIRACY OF THE SLAVES: — SIR BEVILLE GRANVILLE APPOINTED GOVERNOR^ — COUNTRY DIVIDED BY FACTION ATTEMPT ON THE GOVERNOR'S LIFE MR. LILLINGTON PROSECUTED MEMORIAL AGAINST THE GOVERNOR SEVERAL MEMBERS OF THE ASSEMBLY EXPELLED A BANK ESTABLISHED DEPARTURE OF THE GO VERNOR. U PON the death of Colonel Russel, the executive autho- chap. vi. rity devolved on the Honourable Francis Bond, senior 1696. member of council, resident on the island. The Barba dians appear to have exhausted their whole stock of gene rosity on their late governor, and to have reserved nothing to bestow on the president, to whom they gave neither salary nor present. Under the auspices of Mr. Bond, the assembler ventured 1697, to encroach on the prerogative of the Crown. They passed an act, laying an impost of powder on the tonnage of vessels, in which they assumed the annual right of nomi nating a store-keeper of the magazine, allowing to the 1 !& THE HISTORY chap. vi. other branches of the legislature the power only of con^ iey7. firming or rejecting their choice. Whether the appoint ment of public officers is more beneficially exercised by the representatives of the people, than by the representative of the crown, is a question which admits not of an easy so lution. One thing, however, is certain, that the assembly have, in this instance, violated the Sovereigns constitutional right of appointing to all offices, in the state, civil and military. The presidency of Mr. Bond was productive of no in teresting event, though many salutary measures were adopted during his administration. Hence, a colonial his torian*, who afterwards sustained, on his own shoulders, the weight of government, takes occasion to remark, " That a man who has an interest in a country, and is a native thereof, will be more concerned for the good government of it, and more attentive to its prosperity, than one who considers it as a temporary dwelling, whither he has pro cured himself to be^ent to raise a fortune, or to patch up one going to decay." This is one of the many plausible theories, whose fallacy is demonstrated by experience. The reasoning by which it is supported is specious, but candour must acknowledge, that the security and prosperity of the Country have been seldom more neglected than when the administration of public affairs has been confided to a na_ .» ' ¦ ¦ i «'¦ ¦ ¦¦.¦¦ ¦¦¦¦ ¦ i-. ¦¦¦¦¦¦._ . . „w.,,„. ¦ ¦¦¦¦¦ i mm » Mr. Frere.— Short Hist, of Barb. p. 45. 1693. OF BARBADOES. I69 tive, possessing an interest in it. Self-love and social ^^^J- are not here the same : many persons of rank and fortune conceive that they have an interest distinct from the pub lic good, and often sacrifice the welfare of their country to their private emolument, the fleeting breath of popula rity, or the gratification of their ambition. It is not, how ever, intended to detract from the particular merit of Mr. Bond, who, to his own honour, and the satisfaction of his countrymen, held the reins of government for the term of twro years. And happy would it have been for Barbadoes if many succeeding presidents had acquitted themselves in the same high trust with equal reputation. and fidelity. The Honourable Ralph Grey, brother to the Earl of Tankerville, having been appointed governor of all the Windward Islands, arrived at Barbadoes, on the twenty- sixth day of July. His excellency found the country suf fering under the accumulated evils of tempest, pestilence and war. The epidemic disease, formerly mentioned, though somewhat abated, continued to rage with consider able violence; and many valuable plantations were de stroyed by a hurricane. The enormous expense, injudi ciously incurred on account of the late unsuccessful expedi tion against Martinico, and other expensive measures which the inhabitants, wholly neglected by the parent state, had been compelled to adopt for their internal safety, had been defrayed by such oppressive taxes, that many principal planters were entirely ruined, or at least rendered incapa- z 170 THE HISTORY chap. vi. ble of supporting their plantations. Above forty sugar 1698- works were totally abandoned, and land, to a considerable extent, lay waste and unproductive for the want of labour ers to cultivate it. Yet, under all these discouragements, the Barbadians maintained the dignity of their government with great spirit and constancy. The governor was received with every possible mark of respect. Mr. Maxwell, the speaker of the assembly, in an appropriate speech, offered him the congratulations of the house on his safe arrival ; and the legislature readily furnished his excellency with much more substantial proofs of their regard. Fontabelle had been hitherto leased by the public for the residence of the first magistrate; but in their solicitude for the safety and accommodation of their new commander in chief, the assembly now discovered that the government-house was not only much out of repair, but that, from its proximity to the sea, it was exposed to the* depredations of privateers : five hundred pounds a year was therefore settled on Mr. Grey, for the purpose of providing him with a more eligible and commodious mansion. Though his excellency had a salary of twelve hundred pounds ster ling allowed him by the Crown, out of the four and a half per cent, duty, to be paid on the spot by the collector of the customs, the assembly, within two months after his ar- Sept.7. rival, made him a present of two thousand pounds to de fray the expenses of his voyage. Mr. Grey was particularly directed by his Majesty's in- OF BARBADOES. 171 structions not to suffer any money, or value of money, " to CHAP- vi be given or granted by any act or order of the assembly, to l6&8' any governor or commander in chief, which shall not, ac cording to the style of the acts of parliament in England, .be mentioned to be given or granted unto us, with the humble desire of such assembly,, that the same be applied to the use of such governor, if we shall think fit. Or if we shall not approve of such gift or application, that the said money, or value of money, be then disposed of and appropriated to such other uses as in the said act, or or der shall be mentioned." His excellency was also instructed " not to suffer any public money whatsoever to be issued or disposed of, other wise than by warrant, under his hand, by and with the ad vice and consent of the council. But the assembly may, nevertheless, be permitted, from time to time, to view and examine all accounts of money or value of money disposed of by virtue of such lawrs as they shall make," which he was directed to signify to them as occasion should offer*. This year is rendered particularly remarkable by the establishment of the first patent office in Barbadoes. The person selected for this distinction was a Mr. Skene, who was honoured with his Majesty's letters patent, appointing him secretary of the island, and private secretary to the go vernor. This appointment occasioned a dispute between * Mem. of Barb. p. 47. z 2 172 THE HISTORY ghap. VI. n}s excellency and the new secretary, on the score of fees. 1698, As most of the papers issued from that office required the governor's sign manual, either as chancellor or ordinary, former commanders in chief, to expedite the business of those departments,, had appointed private secretaries of their own, who were usually recompensed, with gratuitous fees for their trouble and attendance.. These fees5. from the increase of business, soon became an object of attention to the governor hirnself, who demanded an annual sum from, the secretary, as his share of the profits. But Mr. Skene, holding his appointment under the crown,, demanded these fees, which had been established. only by common con sent, as the legal perquisites of his office. The governor opposed this claim,, and insisted upon his right to nominate his own private secretary. An appeal to the Crown was the natural consequence of this misunderstanding, but the events which soon after took, place prevented the matter from being brought to an issue. The administration of Mr. Grey, was rendered, extremely popular by the generosity of his temper and the suavity of his manners. These qualities, whether they soften the au sterity of office,. or sweeten the social intercourse which subr sists between men in. the sequestered walks of private life, will ever engage the esteem of mankind.. Of a disposition liberal and disinterested, he sought not to. enrich himself by the spoil of those whom he was sent to protect; but sedu lously endeavoured to. promote their prosperity ; and, by OF BARBADOES. 173 the firm but temperate exercise of authority, gained the c^^v,1, hearts of the people whom he governed. Nor were they 169&* deficient in gratitude. In each successive year of his mild and equitable administration, the representatives of the people testified their esteem for his virtues by a liberal gratuity of two thousand pounds. At length, having, suc ceeded to the barony of- Werke, on the death of his bro- J 170!. ther, and finding his health declining, he resigned the en- December.. signs of authority into the hands of John Farmer, son to the patriotic opponent of Lord. Willoughby, and returned to England. Soon after the governor's departure, Mr. Farmer received no:. official information of the King's death, and of the acces sion of Queen Anne. These events were celebrated with the usual ceremonies, and the assembly, with the concur rence of the council, transmitted a loyal and dutiful ad dress of condolence to her Majesty on the death of her au^ gust relative, and of congratulation on her joyful accession to the throne of her ancestors, which, was prevented by the late governor, now Lord Grey. Upon the commencement of hostilities between France and. Great Britain, Commodore Walker was dispatched to the West Indies with six ships of the line, having four regi ments on board. Their arrival in Carlisle Bay was greeted by an act of the general assembly for the accommodation of the troops. They were billetted on the inhabitants ;__fo_r_twq months, each man. to be allowed six pounds of salted. 6 174 THE HISTORY i chap. VI. ^eat or fish, a week, with plantation provisions and beds 1702, of plantain leaves, or in lieu of food, to receive sixpence per day, at the option of the landlord. Walker soon after wards sailed for Antigua, where he was joined by Colonel Codrington, with some troops collected among the islands, and proceeded to the invasion of Guadaloupe; but, in con sequence of some misunderstanding between the command ing officers, the enterprise was abandoned, after demolish ing the fort, burning the town, and ravaging the country. The Barbadians, recovering from their misfortunes, now entered deeplv into schemes of privateering. A fleet of sixteen of their armed vessels, cruizing, off Guadaloupe, emboldened by the defenceless state of the island, landed their crews, and, after destroying many plantations, brought away a considerable number of slaves*. But their atten tion was soon called off to the means of providing for their internal security. The turbulent, licentious blacks, entered into a fresh conspiracy for throwing off the yoke of slavery, and getting possession of the forts. But their diabolical scheme was again frustrated by the interposition of Provi dence, and many of the infatuated wretches suffered the dreadful punishment incurred by their criminal designs. i7os. When Lord Grey resigned the government of Barbadoes, the king appointed Mitford Crowe, an opulent London merchant, to be his successor ; but, on the death of his * Univ. Hist, vol, 41, p. 164. OF BARBADOES. 175 Majesty, Queen Anne, to the great disappointment of the chap. iv. Barbadians, committed the important trust to Major-Gene- 1703- ral Sir Bevill Granville. During the whole reign of that illustrious princess the affairs of the colonies were regarded with greater attention than at any former period. Her Majesty, upon every occasion, seems to have manifested the most maternal solicitude for the happiness of her sub jects in this remote part of the empire, and an anxiety to relieve them, as much as possible, from the heavy burthens which had been imposed upon them. A petition had been presented to the House of Commons by several merchants and planters of Barbadoes, praying that the money arising from the four and a half per cent, duty, might be applied to the uses for which it had been granted. The petition being referred to a committee, an address was presented to her Majesty, recommending her to comply with the wishes of the Barbadians ; and she was accordingly graciously pleased to order, that the produce of the duty should be appropriated to the repairing and erecting of fortifications for the safety of the island ; and that an annual account of the expenditure should be laid before parliament. The next proof which her Majesty gave of her benignant disposition was an attempt to relieve the island from the distresses occasioned by the usual presents to governors. Sir Bevill Granville was strictly prohibited, by his instruc tions, from receiving any gift or present from the assembly, upon any account,, or in manner, whatever, on pain of in- 1 176 THE HISTORY chap. vi. carring her Majesty's highest displeasure, and of being re- I703- called from the government. To provide a competent main tenance for the governor, her Majesty was graciously pleased to augment his excellency's salary to two thousand pounds sterling, payable out of the duty of four and a half per cent. " according to the meaning of the act of the as sembly, whereby the same is granted for maintaining the honour and dignity of the government, and for other pub lic uses*." Notwithstanding these liberal concessions on the part of the Crown, the public mind was kept in a continual state of agitation during the whole time of General Granville's administration. In the face of the royal order, the assem bly settled five hundred pounds per annum on the governor; and it is generally allowed that his friends contrived, under various pretences, to appropriate several large sums of the public money to his use. They erected an elegant house for him on a small plantation above Bridge-town, called Pilgrim, containing about twenty acres of land, which they leased for twenty-one years,, at the annual rent of one hun dred and twenty pounds. And, by an extraordinary ex ercise of complaisance, they nominated his brother-in-law, Sir John Stanley, one of their agents in London. It was certainly highly reprehensible thus to trifle with an employ ment. of so much real importance. Among the many quali- * Mem of Barb. p. 50. Univ. Hist. vol. 41. p. 6*. Hall's First Settle, of Barb. OF BARBADOES, 177 fications necessary in a candidate for the colonial agency, chap. vi. it is not one of the least that he should be thoroughly ac- 1703- quainted with the internal policy and general interests of the island which he represents. Yet these were points with no*. which Sir John, as a stranger to the West Indies, must have been very imperfectly acquainted, if not wholly igno rant. On the other hand, it may be said, the honourable Baronet's incompetence could not have been very prejudicial to the interest of his employers, since they had at that time the benefit of the wisdom and diligence of no less than four agents at once. This amicable disposition unfortunately was not of long continuance. Sir Bevill's tory principles and supercilious behaviour rendered him extremely unpopular ; an effect to which it is more than probable the measures that he thought proper to take for the safety of the country might greatly have contributed. Under the apprehensions of invasion, the governor called out the militia and employed them on the tedious and irksome duty of guarding the accessible parts of the coast. This was a strong measure, which no thing could justify but absolute necessity, and it diffused a spirit of discontent throughout the country. To relieve the body of the people from the hardships and fatigue of this species of servitude, which fell heaviest upon those who were least able to bear them, a bill was introduced into a a 1?8 THE HISTORY chap. vi. the house of assembly*, to empower his excellency to em- 1704- body two companies of grenadiers at the public expense, to be employed on this particular service. The measure was strenuously opposed by some factious members, from an objection to the expense, and from apprehension that part of the money to be raised for the pay and subsistence of the men would be converted to the governor's private emolu ment. Finding that a majority of the assembly were fa vourable to the bill, the members in opposition seceded, expecting their absence would effectually obstruct its pro gress by the difficulty of making & house, as fifteen mem bers, at that time, constituted a quorum. The defection of nearly one-third of the representative body necessarily impeded the proceedings of the legislature, and occasioned an entire stagnation of public business. The governor ex postulated warmly with the assembly on such a dereliction of the trust reposed in them., and cautioned them against the consequences of a conduct so comtumacious and dis honourable. At length, finding all milder expedients inef fectual, he dismissed the seceders from all their civil and * The assembly was composed of the following members ; G. Peers and. C. Thoi mas, St. Michael's; A.Walker and S. Maynar.d, St. Peter's; W. Allamby and G. Harper, St. Thomas's ; J. Leslie and C. Estwick, St, John's ; P. Kirton and T. Max well, Christchurch ; T. Maycock and W. Terrill, St. Lucy's; W. Holder and K. Wayte, St. James's; T. Ince and Enoch Gretton, St. Philip's; Rob. Morris and Reyi>. Alleyne, St. Andrew's; Paul Lyte and H. Harding, St. George's; John Holder and W. Grant, St. Joseph's. 6 OF BARBADOES. 179 military employments under the crown, and dissolved the *^^^}' assembly*. 17 ana* sentenced to pay a fine of two thousand pounds* 1704. of the justice of this sentence it is impossible to speak with certainty. No evidence of his innocence, or his guilt, can now be found, and little confidence is due to the contradic tory representations of opposite parties. The Honourable William Sharpe, the chief justice, who presided at the trial, and at several succeeding courts of grand sessions, was ho noured with the thanks of the house of assembly, for the candour and integrity of his conduct. Hence we may infer that Mr. Lillington wras fairly tried, and legally convicted. But, on the other hand, it has been asserted, that the prosecution was malicious*, and that after the heats and prejudices of party had, in some measure, subsided, the frne was remitted, and the money ordered to be return ed. Mr. Lillington, however, was forced to submit to the sentence whether just or unjust. August. Meanwhile, the governor having issued writs for calling a new assembly, the election in several parishes was con tested with great warmth and earnestness. In St. Lucy's Maycock and Terrill, the late representatives, were guilty of some acts of illegal violence ; they grossly insulted and obstructed Mr. Gordon, the sheriff, in the execution of his duty, and encouraged a Mr. Curl to assume and exer cise the office of sheriff. The election, of course, was con troverted by Colonel Pickering and Major Lambert, the * Hall's First Settlement of Barb. p. 30. M. S. OF BARBADOES. 181 other candidates, in whose favour the house of assembly C]^^J' ultimately decided. Maycock and Terril were ordered to l70*; be prosecuted by the attorney-general, for high crimes and misdemeanors-; and Curl, who had given a false testimony at the bar of the house, was directed to be indicted for perjury. But before the day of trial they were clandes tinely taken from the island, by Captain Martin, of the Blackwall ftioate. On the meeting of the assembly, the governor opened Aug. 23. the session, in the usual form^ with a speech, in which he inveighed, with equal justice and asperity, against the conduct, of those members- of the former assembly ; who, in contempt of the Queens authority, and in violation of the sacred trust reposed in them, had, pertinaciously, ab sented themselves from that house ; whence the legislature had been prevented from the exercise of its functions, and the administration of government had been suspended. To this cause he ascribed the decline of public credit, and the great hardships sustained by the gunners and matrosses, and other public creditors, whose salaries were unjustly withholden from them. Hence, he said, the seamen on board a brig, . in the service of the country, had been pro voked to run away with the vessel, as a fair reprizal on those who had employed them without paying: their wages. By the unwarrantable secession of some of their members, the assembly, he. said, had been prevented from making t&e- provision, requisite for the. repair of theTortifications, 182 THE HISTORY chap. vi. an(j for relieving the militia from the toilsome and oppres- noi. sjve duty of guarding the coasts ; nor had they been able to make any inquiry into the expenditure of the public money. To this omission he attributed the failure of Com modore Walker's attempt on Guadaloupe, the treasurer having pretended that he had not the means of hiring a vessel to carry dispatches to General Codrington, on wrhose receiving timely notice of the design, the success of the expedition principally depended; though it was evident, that had there been no misapplication of it, there would have been money enough in the treasury for that and other public exigencies. He next accused the assembly of neg lecting to avail themselves of her Majesty's gracious inten tion of appropriating the four and a half duty to the use of the fortifications, no application having been made for the money then due upon that score. He admonished them to beware of slighting the proffered boon, lest by their criminal negligence they should lose the golden opportunity of rendering their country the most essential services, His excellency concluded with desiring that the house would continue to sit from day to day, and consult, with unani mity, on the means of promoting the security and pro sperity of the country. The answer of the assembly was modest and respectful. They admitted the justice of his excellency's animadver sions on the misconduct of a part of their house, and con demned, in the strongest terms, the pertinacious opposition OF BARBADOES. 183 which he had experienced in the legal exercise of his au- CHAP- vi. thority. His excellency was represented in this address* 1704'' as possessing all the virtues which could adorn the character of the most accomplished ruler. His administration was compared to the dispensations of that Providence which ever designs the happiness of mankind ; and was asserted to have been free from spot or blemish, except that with patience and. temper he had striven to reclaim a people of a stubborn, obsti nate disposition. The address having been agreed to, and presented, the house proceeded to the revisal of their rules, when Mr- John Holder suggested, that the irregularity so justly com plained of in the proceedings of the late assembly, was occasioned by the rule which required the presence of two- thirds of the representative body to make a house. To obviate this inconvenience, he moved, that thirteen mem bers should, in future, be a quorum sufficient to pass all laws, either of a public or private nature. The motion- was vehemently opposed by those members whose turbulent behaviour had been productive of so much confusion, and had deservedly incurred such severe reprehension. But finding all opposition vain, they rose from their seats ; and, in contempt of the speakers authority, quitted the house, expecting that their retiring would dissolve the meeting ; the other members, however, continued sitting, and. agreed; to the treasurer's motion. The attention of the assembly was now directed to an- Not. i& 184 THE HISTORY chap. vi. other object. The speaker, by Ins excellency's directions, 170t- laid before the house the copy of a memorial which had been presented to the Queen by several factious members of the former assembly, exhibiting a variety of charges against the governor and a majority of that bouse. The memorialists, after a pompous panegyric on their own loyal and peaceable demeanor, in the faithful discharge of many offices of high trust and responsibility, lament that they should be compelled, by their fidelity to their conr stituents, to complain of the injurious and oppressive con duct of her Majesty's governor, Sir Bevill Granville. They alledged that the militia had been kept on guard, at the different bays, and accessible parts of the coast, to th# manifest injury of her Majesty's subjects, contrary to law, and without even the previous consent of the council ; for the ostensible reason of defending the country from inva sion, and to prevent evil-disposed persons from running away with boats ; but that the real design of this arbitrary and illegal procedure was to compel the representatives of the people to consent to an act for raising two companies of soldiers, for the protection of the towns and adjacent landing places, with a secret view to the governor's private emolument. The annual expense of maintaining this body of men, was estimated at nine thousand pounds ; and, as the money was to be entirely at the governor's disposal, they asserted that he would be able to save, for his own ^se, at least, onerfchird of the sum. OF BARBADOES. 185 To their own patriotic opposition to this measure, the chap. vi. memorialists ascribe their removal from offices of trust and 1704v profit, which they had enjoyed without blemish for above thirty years. They add that, in consequence of the dis missal of many officers of respectability from their military command, the militia had been disorganized and the island exposed defenceless to the terrors of invasion. It was stated that the governor, in direct disobedience to her Ma jesty's commands, forbidding his accepting any gift or present from the assembly, had, at one time, received from them a present of six hundred pounds; and, at another, of five hundred pounds; besides a present of two hundred pounds from the Jews, who had in consequence many pri vileges and indulgences granted to them contrary to law: That he had accepted several valuable gifts of plate, horses, and negroes from private persons, especially the natives of North Britain; on whom, notwithstanding their known aversion to the family on the throne, he had bestowed many of the most important civil and military employments; Against these arrangements the memorialists inveighed with great bitterness. They complained that in the room of officers of rank and talent who had been dismissed from the service, persons had been appointed wholly unqualified, in- perienced, of mean capacity and low estate. But of none did they speak with more asperity than of the Honourable William Holder, speaker of the assembly, who had been re cently appointed chief justice of Saint MichaeFs precinct^ b b 186 THE HISTORY chap. vi. though, to use their own phraseology, he was never known to 1704'- be of any christian community, neither had he been baptized. After several other frivolous accusations, the memorial con cluded with praying her Majesty would be graciously pleased to institute an inquiry into the conduct of Sir Bevill Granville, and offering to support the truth of their allegations by the most unquestionable evidence. The me morial was subscribed by John Leslie, Philip Kirton, Thomas Maycock, William Terrill, Christopher Estwick, Enoch Gretton, and Thomas Maxwell, late speaker of the assembly. The reading of this paper produced the most lively emo tions of anger and resentment in both chambers of the legislature. They voted it to be a false, scandalous and seditious libel on the government of the island, and vindir cated themselves from the imputations which it contained, in a counter-address to the throne. In this address they expressed the most grateful sense of her Majesty's maternal kindness in the prudent choice of a governor of general Granville's " probity, good conduct, unspotted integrity, and exemplary life; who, by his extraordinary vigilance and prudence, had wrested the government out of the hands of a corrupt faction, whose unwarrantable behaviour would have involved the country in ruin and misery, but for the wisdom and vigour of his administration." The assembly now thought it necessary to vindicate their rights by punishing the contumacy of those refractory mem- OF BARBADOES. 187 bers, whose secession was considered as a contempt of le- chap.vi. gislative authority. With this view the speaker, by order 17CH- of the house, issued a summons, commanding their attend ance at the next meeting of the legislature. In obedience to this summons the seceders met, at the time and place March 50 appointed, and put into the speaker's hands a written paper, in which they assigned as a reason for their non-attend ance, the innovation, which, as they termed it, had been made on the rights of the people, in respect to the number of members required to make a house. They added, that they had submitted the whole affair to her Majesty's consi deration, and were in daily expectation of receiving her commands, to which they would most dutifully conform ; and, in the interim, they utterly disclaimed the authority and competence of the other members to act as the general assembly of the island. These reasons not appearing satis-- factory, the speaker demanded of them severally, whether they would resume their seats and enter upon business con formably to the rules of the house; to which they declined giving any answer and abruptly retired. To discountenance such a dangerous spirit of insubordination, the house unani mously voted for the expulsion of John Leslie, Philip Kir- ton, Joseph Brown, John Frere, and Christopher Estwick,* * Gretton, who was also one of the seceders, died before the matter was decided. Neither of the expelled members was re-elected until the general election ; when Mr. Frere was returned for St. Philip's, and took his seat accordingly. b b 2 188 THE HISTORY chap. Vi. each 0f whom was declared incapable or sitting again din- no*. mg the continuance of that assembly; and new writs were immediately issued, by the governor, for the particular election of other members to supply the vacancies occa sioned by their expulsion. And 'to prevent, in future, any factious attempt to impede the public business, by the abrupt, indecorous departure of any member during the session, it became a standing rule of the assembly, that, whenever a sufficient number of members had met to make a house, the door should be locked, and the key given to the speaker, without whose permission no member should be allowed to depart under pain of expulsion. 1705. It was not long before the governor had the satisfaction of receiving the most unequivocal testimony of her Ma jesty's approbation of his conduct. In addition to the memorial already mentioned, the four suspended members of council had exhibited a complaint against his excellency, to which was added, a petition from Mr. Richard Downes*, complaining that, notwithstanding he had been honoured with her Majesty's letter of mandamus, appointing him a member of council, he had been prevented by the governor from taking his seat at that board. These complaints were * Mr. Downes had been treasurer of the island, and had presumed, upon his.own authority, to pay money to the amount of several thousand pounds, without the usual orders from the governor : this conduct naturally gave offence, and he was removed from the office ; and several years elapsed before he settled his accounts, or paid the balance due to the public. OF BARBADOES. 189 all referred to the consideration of the lords commissioners c^^,1' of trade and plantations ; who, after a due investigation of 170:>- the several charges, together with the governor's defence, made the necessary reports to the Queen in council. And, upon reading these reports, her Majesty was pleased to order one of her principal secretaries of state to communi cate to Sir Bevill Granville her Majesty's royal approbation of his proceedings, in the suspension of the four coun sellors, who had countenanced and abetted those members of the assembly, from whose irregular behaviour, and cri minal neglect of duty, much inconvenience had arisen. He was, however, empowered, upon their application and submission, to admit them, if he should think proper, to resume their seats at the council board. But with respect to Downes, her Majesty declared her absolute will and pleasure, that he should be entirely excluded from the council chamber. After expressing her concern and indignation, at the confusion and disorder that had happened, from the repre sentatives of the people wilfully absenting themselves from their duty, by which means the administration of govern ment had been greatly embarrassed and obstructed, her Majesty directed that his excellency should, in her name, represent to both branches of the legislature, the evils and inconveniences that must necessarily result from such culp able neglect, and to recommend their making some effec tual provision for preventing such abuses in future. 190 THE HISTORY The joy of the assembly, on this occasion, was un bounded. To such of the members of her Majesty's privy council, as were present on the inquiry, they voted a pre sent of Citron water, in the following proportion : six dozen bottles to the Duke of Marlborough, five dozen to the Lord Treasurer, four dozen to the Lord President, and to the Chancellor of the Exchequer three dozen. They v also voted their agent the sum of one hundred pounds sterling, to defray the expenses of an entertainment, which they directed he should give in honour of the Royal African Company, for their interposition in his excellency's behalf. The public mind was again violently agitated by the fear of invasion. In consequence of some alarming intelligence April 9. from Antigua, the governor called the legislature together, and submitted to their consideration the danger to which the island was exposed by the proximity of a formidable French force ; and recommended their putting the fortifica tions in the best possible state of defence. In this emer gency, the council proposed calling out the militia, and laying them under martial law for fourteen days. To the former part of the proposal the assembly readily agreed, but they refused to sanction the declaration of martial law, though they were willing to suspend the proceedings of the courts of justice during the time the militia should remain embodied ; a most extraordinary proposition, for which no sufficient reason can possibly be assigned. To this plan the OF BARBADOES. 191 governor objected, that without the restraints of martial law ^^3L the militia,, if called out, would be no better than a tumul- 1706, tuous, undisciplined rabble; where there was no power to punish, no order nor subordination could be expected ; and that a suspension of the functions of the courts of justice, under such circumstances, would leave the people without any rule of conduct, without any legal measure of good or evil. After several conferences between the two houses, in which various expedients were suggested to supply the absence of martial law, the bill to enable his excellency to embody the militia, was finally rejected by the assembly. The commercial intercourse between Great Britain and her colonies had now become an object of great national importance. It was found necessary, for the regulation of the pecuniary transactions between the people of England and her American dependencies, to establish a legal cur rency among the islands ; and to ascertain the true parity of exchange between the different parts of the empire. Sir Isaac Newton, who was then master of the mint, had, by order of the privy council, made an actual assay on most foreign coins, and ascertained the intrinsic value of the bullion contained in each. To obviate the inconveniences arising from the want of an uniform currency in the planta tions, the Queen, by proclamation, dated the fourth day of June, in the year one thousand seven hundred and four, fixed the rate at which they should pass in the colonies. By 192 THE HISTORY chap. vi. this proclamation, which was afterwards confirmed by act 1706. 0f parliament, 6 Anne, ch. 30, the value of the dollar, which, by assay, had been found to be worth four shillings and sixpence sterling, was established at six shillings colo nial currency ; and the value of other coins was regulated according to that standard. Hence the true parity of ex change between London and Barbadoes was fixed at one hundred and thirty-three and a third per cent. Hitherto dollars had passed in the West Indies at eight shillings; and, as the theory of money was, at that time, but imperfectly understood in the colonies, the money-holders highly disapproved of the alteration. Without reflecting that the value of commodities, of which money is but the representative, must be affected in proportion to any depre ciation in the nominal value of the coin, they considered the defalcation in the numeral value of the dollar as a real diminution of their wealth. To avert a calamity, merely ideal, the monied men, on the arrival of the proclamation, exported almost the whole of the circulating silver coin of the country. This absurd expedient produced much in convenience among the mercantile people, which, by a natural communication, was soon felt by the planters ; and the want of a circulating medium became a general com plaint. The evil, however, was of a temporary nature ; and, had it been left to itself, would soon have found a remedy. A country abounding with valuable productions, can never 1 OF BARBADOES. 193 labour under a permanent scarcity of precious metals. c^j^ZL Money will always be brought into exchange for those com modities which the luxury, or necessities of mankind re quire for their gratification. No considerable nor lasting in convenience will ever be felt for the want of specie in a country whose balance of trade, if not in its favour, is not greatly against it. Large crops, for exportation, will ne cessarily furnish the means of paying for those articles which may be required from abroad ; and the excess of its exports, should there be any, Avill afford an unfailing sup- -ply of cash. These truths were either unknown or neg lected by the legislature of Barbadoes, and they adopted the worst expedient that could have been devised for afford ing relief suited to the circumstances of the country. To supply the want of cash, a Mr. Dudley Woodbridge suggested a scheme for the establishment of a bank, pro posing himself to be the sole manager. The project was countenanced by the governor, who laid the proposal before the assembly for their consideration. Here it met with a very cold reception; not so much from a dislike to the scheme as from an objection to Mr. Woodbridge's enjoying the whole emoluments of the office, as sole director of the bank. As the plan, however, was pregnant with advan tages to those who should be concerned in the management of the business, it was soon revived, with a few trifling al terations, to give it the appearance of originality, and brought forward in the assembly by Mr. John Holder, c c 154 THE HISTORY chap.TI. treasurer of the island, supported by Mr. Sharpe and Mr. 5706. Alexander Walker, two members of the council. The influence of this triumvirate was not to be resisted; and, from motives the most corrupt that can actuate the human mind, they procured the passing of a law to supply the deficiency of gold and silver coin by a fictitious cur rency of paper money. By this law the treasurer was au thorized to issue bills to the amount of sixty-five thousand pounds, to be lent to the planters on the security of their lands and negroes, and for transacting the business he was entitled to a commission of five per cent. Holder was not allowed the exclusive enjoyment of this advantage. He was content to share the profits with his friends Sharpe and Walker, as a recompense for their services in promoting the scheme. Walker, not satisfied with his proportion, insisted that his brother William Walker, of the assembly, should be allowed to participate in the gain ; and in. the event these honest, disinterested guardians of the people quarrelled about dividing the spoil, and tbe secret was disclosed. This measure, the offspring of ignorance and corruption, enereased the evil it affected1 to remove,, and diffused the most lively discontent throughout the country. The plan- * ters, who had, sufficient security to offer, were enabled by the loan of these bills to withhold their, crops from market,, or to demand the most exorbitant prices for their produce; while the merchant, who could neither remit them to Europe, nor pass them in payment to the American traders OF BARBADOES. 193 for their cargoes, found them of no greater value than so chap.vi. much waste paper, and, of course, refused to receive them 170tJ- in exchange for their commodities. At length, the diffi culty of negociating the bills, which might have been easily foreseen from the first, opened the eyes of the people to the deception that had been practised upon them. They com plained of the act as a fraud and resented it as a job, in tended merely to promote the interest of a few mercenary individuals. The odium of the measure having drawn on the pro moters of the bank the execrations of an injured and in censed people, the assembly, justly dreading the resentment of their constituents, passed a law to prolong their political existence by rendering the election of representatives trien nial. While the bill was pending, petitions were presented against it from all parts of the island, except Saint Peter's. The assembly, however, Avere not to be diverted from their purpose, though, as we shall soon see, their sinister designs were frustrated, and they were denied the impunity which they sought to obtain. Sir Bevill Granville continued to exercise the right claimed by his predecessor, of appointing his private secre tary, and of sharing with him in the emoluments of his office. This produced a second remonstrance from the pa tentee to the queen, which was referred to the Lords Com missioners of Trade; and, after a lapse of s6me considerable time, within which Sir Bevill resigned the governments c c 2 196 THE HISTORY chap. vi. their lordships reported to her Majesty that the governor 1706. ha(i no rjght to appoint a private secretary but at his own expense, and recommended that Mr. Skeene should be re placed and confirmed in the receipt of all the fees and profits belonging to the office. Inconsequence of this re- * presentation Mr. Skeene, by her Majesty's letters manda tory, was restored to the possession of all his rights' and perquisites both as private and public secretary.* The governor finding his situation rendered extremely unpleasant by the continual contention of parties, and his^ constitution impaired by the influence of a. tropical climate, September, resigned his authority into the hands of William Sharpe, president of the council, with the view of returning to England for the benefit of his health; but lie lived not to accomplish his design. Death arrested him. on his passage, and removed him to a state where his virtues and his faults- will receive their appropriate recompence from the only competent Judge. Notwithstanding the animosities and disputes which dis tracted the councils at this period, several salutary laws were enacted under the authority of general Granville. Among these the most deserving of attention is the act for the en couragement of the clergy. As this venerable body of men have been separated from the busy part of mankind, that * In latter times, however, the commander in chief has been allowed a private secretary, whose salary, two hundred pounds sterling, is paid by the crown. 6 OF BARBADOES. 197 they may pursue those studies which would qualify them to CI3^X3L instruct others in the great duties of religion, reason and 17 * The Honourable John Beetles. e e 210 THE HISTORY chap.viI. p0sition of a plausible fallacy, contrived to influence the 17 la opinion of others. Such a man can never be a proper ex pounder of the law to an unenlightened jury. But, how ever the present attorney-general may reconcile these in consistencies, and honourably exercise functions so incom patible, all men are mortal, and we must look forward, with painful apprehension to the day which shall deprive us of the sendees of this able and upright Crown-lawyer. Some mercenary tool of despotism may then be placed at the head of the bar, in whose hands this absurd custom may degenerate into the most arbitrary injustice and tyrannical oppression. The remedy is obvious, Great Britain presents an ex ample,, which it would be true wisdom to emulate. Her bar is the school whence heF seats of justice are supplied with those sages of the law, whose learning and virtue are their country's boast,, and the admiration of. surrounding nations. And why should a system, which has been bene ficially adopted by the mother country for a long succession of ages be rejected and despised by her colonies? Instead of a bench, composed of an indefinite number of unlearned magistrates, let there be a chief justice appointed, who. has been bred to the bar, and whose knowledge has been ma tured by experience; with him may be joined three puisne judges, selected from among gentlemen of rank, the most eminent for their talents and integrity. I should prefer, says an eminent philosopher, an even to an odd number OF BARBADOES. 211 of judges, and four to any other number: for in this num ber, besides that it sufficiently consults the idea of separate responsibility, nothing can be decided but by a majority of three to one. If the court be equally divided, nothing can be done; things remain as they were, with some inconve nience to the parties, but without any danger to the pub lic of a hasty precedent*. To render the judges independant of the governor, they should be appointed for life, with competent salaries to support the dignity of the office. The warmest acknow ledgments of the people are due to his Majesty for the ap pointment of an eminent civilian to preside in the court of Vice-admiralty of this island: and happy would it be here after for the inhabitants in general, were this appointment followed by others of gentlemen equally eminent for legal ability, firmness, and integrity, to preside in the principal courts of judicature. Under the direction of great profes sional talents, the dignity of the public tribunals would be preserved, and the people would enjoy the blessings of li berty and property, certain of a steady, uniform, and im partial administration of justice. Nor let the frugal states man startle at the proposal, " for that economy must be bad, which sacrifices the public welfare to the sordid con siderations of an illiberal parsimony, and would parcel out * Paley's Philos. vol. 2. p. 237. J2 o 2 2l1 THE HISTORY chap. vn. the different offices of state, as it would arrange the esta blishment of a private family." This year is rendered memorable by the death of Chris topher Codrington,' son of Sir Timothy Thornhill's brave companion in arms. Gratitude, for the memory of this illustrious benefactor of his country, may probably render a few biographical sketches of his life acceptable to the Barbadian reader. He was born in Barbadoes in the year 1668, and educated at Oxford. Equally distinguished for his learning and benevolence, he entered into the army, where his courage soon recommended him to the favour of King William^ by whom he was made a captain in the iirst regiment of foot-guards. He was at the siege of Namur in 1095 ; and, upon the conclusion of the peace, was ap pointed captain-general and governor of the Leeward Islands. In 1701, several articles were exhibited against him in the House of Commons in England ; to which he published a distinct and particular answer, and was ho nourably acquitted of all imputations. He shewed great bravery at the attack of Guadaloupe in 1703; but at last he resigned his government and lived a studious retired life, applying himself chiefly to church-history and metaphysics. He died at Barbadoes on the seventh of April, and was buried at Bridge-town the following day ; his body was af terwards carried to England, and interred in the chapel of All Soul's College, Oxford, of which he had been a fellow. To this college he left a noble legacy, consisting of his li- 1 OF BARBADOES. 213 brary, valued at six thousand pounds ; and ten thousand CHAP- VI1- pounds in cash, to be laid out in building a library, and fur- mo* nishing it with books*. By his last will he bequeathed two valuable plantations in Barbadoes to the Society for propa gating the Christian Religion in Foreign Parts. He directed that these plantations should be kept entire, with at least three hundred negroes upon them. The produce of these estates was allotted to maintain a convenient number of pro fessors and scholars, under the vows of poverty, chastity and obedience ; who were required to " study and practise physic and chirurgery,' as well as divinity, that they may endear themselves to the people, and have the better op portunities of doing good to men's souls, whilst they are taking care of their bodies ¦f." The public have not hitherto derived those advantages from this princely benefaction, which might have been ex pected from it. A college was built on one of the planta tions, in a healthy part of the parish of Saint John, and endowed for the education of youth. And proper masters were employed, with suitable salaries, for their instruction, furnished with every thing necessary for their support, at the expense of the foundation. But the calamities inci dent to West Indian, property, the failuref of crops, the mismanagement of faithless and negligent stewards, and the misapplication of the revenue, soon occasioned the de~ — ¦¦ ¦¦¦!¦¦ ¦ i ¦ i i r i " i 11 ¦ i ^ * Encyclo. Brit. vol. 5. p. 120. f Mem.. Barb. Appen. p. 2. 214 THE HISTORY cv^^n- cline of this beneficial institution. At length the estates 17 10* were farmed by Mr. John Brathwaite, under whose judi cious and skilful direction they attained a more prosperous condition ; and, at the expiration of the lease, he gave them up to the trustees, free from all incumbrances, with a con siderable surplus, which he was entitled to retain for his risk and trouble ; but which he generously relinquished, for* the benefit of the establishment. Hence this admirable* man may, with propriety, be considered as the second founder of this noble institution. These plantations are now under an excellent system of management, and the direction of persons disposed to a faithful performance of the trust reposed in them. The college is under the pre sidency of the Rev. Mark Nicholson, A. M. an accom-1 plished scholar, and a pious divine, peculiarly qualified, by his learning and virtue, to be the preceptor of youth. May ios ^n the departure of Mr. Crowe the executive autho rity devolved on George Lillington, president of the council. A new excise bill now furnished the factious and turbulent' with a fresh subject of contention. The house of assembly had hitherto exercised the exclusive right of nominating the treasurer and comptroller of the -excise. This was cer tainly an unconstitutional assumption of power, but, as the right had been once admitted, the propriety of its being now disputed is, at least, doubtful. When men's minds are heated they seldom reason rightly ; and the council thought this a favourable opportunity of resenting the in- OF BARBADOES. 215 dignities which they had received from the assembly, by CHAP.vh. opposing their encroachments on the royal prerogative, and, 171°- therefore, rejected the bill ; insisting that they had an equal right with the assembly to nominate the treasurer and comp troller. This added fresh fuel to. the flame, and produced an intemperate altercation between the two branches of the legislature. Both parties continuing obstinate, the point in dispute was, at length, submitted to the Queen's determination ; and, her Majesty,, more anxious to restore tranquillity to a distracted country than to preserve her pre rogative in a matter so trifling and unimportant, declared it to be herro}ral will and pleasure, that the president and Sept. sr. council should consent to the excise bill, without, insisting on aright to disapprove of the person proposed to be trea surer*. This order, in effect, transferred to the representa tives of the people a branch of the executive power, which they have ever since continued to exercise, and, in many instances, they have gradually extended their authority, by appointing to offices not then within the contemplation of either party. Mr. Lillington lived just long enough to resign the reins j1T112\ of government into the hands of Robert Lowther, Esq. who having been appointed, in an evil hour, commander in •chief, arrived in Carlisle-bay, on the twenty-third; day of June. The overbearing pride and arrogance of this gentle- Hail's Erst Settlem. p. 30. MS. Mem. of Barb. p. 52. 216 THE HISTORY chap. vii. nian SOon created him many enemies, among a loyal andhigh- 17 n- spirited people, who could not easily be brought to submit to the imperious sway of a despotic ruler. Aggravated by opposition, the impetuosity of his temper hurried him into many acts of injustice and oppression. Among these was the suspension of Mr. Sharpe, Mr. Walker, and Mr. Berisford, » who had the firmness to oppose his measures in council. These gentlemen were not indolent in seeking redress. They carried their complaints to the foot of the throne, and were honoured with her Majesty's order for their restoration. Lowther, however, ventured to disobey the commands of his Sovereign, and, for several months, refused to admit the suspended members to resume their seats. Such an audacious contempt of authority necessarily interrupted the progress of public business, and excited the moct lively discontent throughout the island. In a council, composed of twelve members, appointed by letters of mandamus, forming an essential part of the legislative and judicial estabhshments of the country, it was maintained with great strength of reasoning, that, while the three excluded mem bers were thus arbitrarily hindered from sitting and voting, there could be no legitimate government existing in the island. The governor's right of suspension was not dis puted ; but, as the suspension, in this case, had been an nulled by a superior authority, it was insisted that no coun cil, court of error or of equity, could be properly holden without the presence, or concurrence, of every member, OF BARBADOES. 217 whose attendance was not prevented by legal disability ; chap. vii. and, consequently, that all acts performed by the sitting i7i*- members, either as a branch of the legislature, or as a court of chancery, were absolutely null and void. Mr. Lowther's insolence and disobedience, soon drew on him the indignation of insulted Majesty. He was recalled from his government; but, unwilling to relinquish his power, he delayed his departure so long, that some of the principal men of the island disclaimed his authority ; upon which he threatened Mr. Cox and Mr. Salter, two members of council, with a criminal prosecution, for treasonable designs.* At length, finding all tergiversation fruitless, he reluctantly submitted to her Majesty's commands, and returned to England. On this joyful event, the Honourable William Sharpe May. again succeeded to the presidency. The mild and con ciliatory temper of the president, had a considerable share in tranquillizing the public mind. His short administration was so perfectly unexceptionable, that he had the honour of receiving the thanks of the British ministry, for his meri torious conduct. But unhappily for the peace of the colony, on the accession of George I. Mr. Lowther was 17l5^ re-appointed governor of Barbadoes. No appointment could have been more unpropitious and displeasing to the Barbadians than this. Absence had not softened the May 12. * Univ. His. vol. 41. p. 165 Ff 218 THE HISTORY chap. vn. haughty and vindictive spirit of the man. He returned to 17ls' the island, with all his former prejudices and inveterate am> mosities rankling in his breast, and eagerly embraced the opportunity which his restoration to power afforded him, of wrecking his vengeance, on those who had opposed his former administration. The first victim of his malice was the Reverend Mr. Gordon, the Bishop of London's commissary, and rector of the parish of Saint Michael. This gentleman, having incurred the governor's displeasure, was deemed to suffer a tedious and rigorous persecution. In consequence of the most scandalous misrepresentations of his character and conduct, which his excellency had transmitted to England r with the assistance of the -colonial agents, Mr, Gordon, was exposed to the censure of his diocesan, and experienced some unmerited severity from the Board of Trade. Consci- 1719. ous of his innocence, Gordon resorted to the fountain head for redress. He presented a memorial to the King, com plaining not only of the governor's malicious misrepresen tation of his conduct to the Bishop of London, but of the agents* petition to the Board of Trade, and of their lord ship's report upon it. The matter being referred to a com mittee of the Privy Council, Gordon obtained a commission for the examination of witnesses on the island ; but the governor, pretending to doubt the authenticity of the or der, committed Gordon to prison, and had him indicted at. the ensuing court of grand sessions, where his excellency 6 OF BARBADOES. 219 presumed to preside in person, thus uniting the incongruous chap. vir. characters of prosecutor and judge. This step, the most 1719- unprecedented in the annals of criminal judicature, was strictly conformable to the ridiculous law of the island, by which a palpable inconsistency is authorized. Common decency should have restrained the governor from deviating in this particular from the established usage of his prede cessors, who had invariably delegated their authority in this court to some other person ; but, yielding to the dic tates of passion, he pursued his vindictive purpose, unawed by religion or morality. His criminal designs, however, "were frustrated. Gordon's defence was ably and success fully conducted by Mr. Hope, a respectable attorney, and Jonathan Blenman, an eminent barrister; who, undismayed by the frowns of power, stood forth the assertors of injured innocence. This spirited conduct necessarily involved these gentlemen in the resentment of the tyrant. Blenman was immediately committed to the common gaol, whence he was released, on giving bail, in the sum of one thousand pounds, to ap pear at the next court of grand sessions. This recognizance was, in the end, forfeited; for Blenman, accompanied by his client and their faithful solicitor, hastened to England, and implored redress at the foot of the throne. In short* the lords justices, the King being then absent on a visit to his electoral dominions, pronounced the charge against Gordon to be groundless and malicious ; it was, therefore, ¦ef% 220 THE HISTORY chap. vii. dismissed. Blenman, in his turn, enjoyed the most com- 17 !9, plete triumph over his rancorous adversary. The lords justices, after declaring the whole of the governor's con duct to have been arbitrary and illegal, ordered that Mr. Blenman's recognizance, and all the proceedings thereon, should be vacated ; and that, if any levy had been made for the forfeiture, the full sum should be returned and paid to him without delay*. His presiding at the court of grand sessions, was not the only instance in which Mr. Lowther arrogated to himself extraordinary judicial powers. Under colour of the law, authorizing the governor and council to hear and determine petitions in equity, and writs of error on matters cogniza ble in the courts of law, he constituted himself and his creatures at the council board, into a court of grievance, in which they exceeded the bounds of their legal jurisdic tion. The arbitrary proceedings of this court, occasioned many complaints against the governor ; the result of which was, an order from the lords justices, abolishing the court of grievance; observing, that the only proper jurisdiction of the governor and council, as a court of error or equity, is to correct the errors and grievances arising in the pro ceedings of the inferior courts; but not to proceed originally in causes, except upon petitions in matters of equity. The case of Bernard Cook, a native of Hanover, is * Caribbeana, vol. K p. 269. OF BARBADOES. 221 strongly characteristic of the genius and temper of Low- c^^™' ther's administration. Mr. Cook had been endeavouring 1,19> to establish a right to an estate, which he alleged was unjustly withheld from him by Mr. Frere, a gentleman nearly related to the governor. This claim was sufficient to inspire his excellency with resentment against the un fortunate Hanoverian. When a man is once marked for destruction, the means of accomplishing his ruin are easily found. Cook was reported to have reflected, in careless conversation, on the chastity of two ladies : onej the wife of Robert Warren, an artful attorney; the other, the wife of Samuel Adams, a gentleman of some distinction. So favourable an opportunity of gratifying their patron's spleen, as well as their own resentment, wras not to be neglected- The angry husbands, therefore, determined on a most vigorous prosecution. A court of quarter sessions was im mediately called, composed 6f Guy Ball and F. Bond, members of council, with T. Maycock, R. Bishop, G. Barry, J. Fereharson, S. Thomas, and W. Kirkman, jus tices of the peace, selected from different parishes. Before this tribunal, Cook was arraigned on two separate indict ments for defamation. Sensible that he could expect nei ther justice nor mercy from such prejudiced judges, he objected to the jurisdiction of the court, and claimed the privilege of a trial by a jury of his peers. Malice, how ever, was not to be deprived of its victim. Cook was found guilty of both charges, and condemned to receive 222 THE HISTORY chap. vii. thirty-nine lashes for each offence. The sentence was car- 1719. rie(q mt0 immediate execution, by the common whipper of slaves, in the presence of the justices, who stood by, like demons, enjoying the agonies of the degraded sufferer. The injured Hanoverian flew to his sovereign for redress. His complaints were referred to the Lords of the Committee for hearing Appeals ; and, before their lordship's came to any determination on the subject, they issued a commission for instituting an inquiry, in Barbadoes, into the particu- Jars of the affair; directing the necessary proofs to be sent to England, under the seal of the island. Having at length collected sufficient evidence to form a correct judgment, their lordships reported to his Majesty, that the complaint against the governor had not been substantiated ; but that the charge against the justices had been fully proved; that they had proceeded against the prisoner without any crime alleged against him ; for that scandalous words, spoken of private persons, are no ground of criminal prosecution. Upon the whole, their lordships were of opinion, that the justices, who had sat on the trial, had acted illegally, for that they had not proper cognizance of the matter before them, but had taken upon them to examine witnesses, and to determine matters of fact without a jury, and had finally given two sentences, which were arbitrary and unjust. In consequence of this representation, his Majesty was gra ciously pleased to order, that the names of the justices, who presided on the trial, should be struck out of the OF BARBADOES. 223 commission of the peace ; and that Mr. Ball, and Mr. chap. vii. Bond, should be removed from the council board* 172°- A Mr. Brenan, who had been guilty of a much greater offence than that imputed to Cook, experienced, at the same time, much milder treatment. Having killed a gen tleman in a duel, he applied to the governor for protection ; and, although he had never been brought to a trial for the crime, he found no difficulty in obtaining his excellency's pardon. But,, justly apprehensive that so ridiculous and unconstitutional an interposition in his favour could afford him no efficient security in the event of a prosecution, Brenan went to England, and was indebted for security to the clemency of his Prince -f. Nor were these the only instances of tyranny and in justice of which Mr. Lowther was guilty.. With a> view to; his own private emoluments, he permitted a few favoured- persons to carry on an illicit and lucrative traffic with the Spaniards, and even admitted a Spanish vessel to frequent the port of Bridge-Town ; while, from the same corrupt motives, he caused a ship belonging to Mr. Lansa, a mer chant of that place, to be seized and condemned. In fine he had the address to procure a handsome settlement, by which he amassed the sum of twenty-eight thousand pounds: thus plundering a loyal and oppressed people, whom he re- * Caripbeana, vol. 1. p. 342. f Short Hist, of Barb. p. 101. 524 THE HISTORY CI!^311 Presente(l to the British ministry as French smugglers, dis- nso. affected to government. To this cause, perhaps, it was bAving that he wras removed, since the money was received in open -violation of the Boyal instructions, by which he was expressly forbidden to take any salary or present from the assembly. LoAvther's tyranny had noAV groAvn so grievous and in tolerable, that many of the most respectable inhabitants of the colony concurred in a petition to the king, stating the various acts of delinquency which he had committed in the course of his long and oppressiAre administration, and hum bly beseeching his Majesty to remove him from the govern ment. To oppose this application, the governor procured addresses from the sycophants by whom he was surrounded, Commending the -mildness, Avisdom, and equity of his ad ministration. But all was in vain. The application for the governor's dismissal Avas supported by SirBobertDavers, Mr. Walter, and Mr. Alleyne, men of considerable pro perty in the island, of whom the tAvo former Avere members of the English House of Commons. „ The governor Avas at length called home to ansAver the charges exhibited against him. To avert the storm which seemed ready to burst on his head, he took every precaution which an artful insidious policy could dictate, and the last moments of his expiring power Avere occupied in annoyino- his enemies and in providing for the security of himself ahd his adherents. All the public employments were filled by 4 OF BARBADOES. 2° 3 his friends, who possessed a decided majority in both houses chap vh. of the colonial parliament. Suspecting that should they be I72° removed by his successor, his OAvn misdemeanors would be detected with greater facility, he procured a law to be passed, the professed object of AA'hich was to preserve the peace and tranquillity of the community; but its real design was to keep the creatures of the governor in power, by restraining the president from making any changes in the official de partments. The plan was yet incomplete. To guard every avenue it was necessary to place his nephew, Mr. John Frere, at the head of the government. There was one ob stacle, however, to be removed : Mr. Cox, as senior member of the council was entitled to the succession. But this diffi culty was quickly obviated ; Mr. Cox and Mr. Salter were both suspended to make room for his relati\re. After com pleting these arrangements Lowther took his last farewell of June Barbadoes : and Mr. Frere immediately assumed, or rather usurped, the direction of affairs. Mr. Lowther on his arrival in England was summoned to appear before the lords justices, his Majesty being absent on an excursion to the continent, to answer the various complaints which had been preferred against him. After a long and patient investigation of the several allegations con tained in the petition of the Barbadians, their lordships de termined tliat the charges Avere amply and clearly establish ed; the}* therefore directed him to be taken into custody, and ordered that he should be prosecuted for high crimes o 2: 226 * - THE HISTORY chap. vii. and misdemeanors. But the prosecution Avas most unac- 1720. countably protracted until the accession of George II. when an act of grace rescued the culprit from the hands of justice, and saved him from condign punishment. Meanwhile Sir Charles Cox presented a memorial to the lords justices, complaining of the arbitrary suspension of his brother, and of his having been superseded in the presidency by a younger member of council. This application pro duced an order from their lordships for the restoration of Cox and Salter, and commanding Frere to resign the go vernment.. But, pleased Avith his surreptitious authority, he hesitated to comply, until upon a fresh representation of his refractory conduct,, he Avas cited to appear before the king and privy council, to account for his disobedience. Being thus compelled to submit, heAvent to England, where he diedrsoon after his arrival,, of the small pox.* Cox having at length succeeded, to the presidency,. an ex traordinary scene of anarchy and confusion ensued. All offices of trust and profit were in the hands of the late gover nor's friends, Avho made a point of thAvarting and opposing ali the measures of the president. Not being of a temper to submitpatiently to such pertinacious opposition, Cox hadre- * Tenderness for the memory of his grandfather has induced the author of the short history of Barbadoes to gloss over this transaction ; but have divested it of its false colouring, on the authority of the Caribbeanna, vol. i. p. 342. and the Univ. History, vol. xli. p. 166. OF BARBADOES. 227 course to a harsh expedient. Disregarding the tranquillity c^^yjJ" act, as it Avas termed, by Avhich all public officers had been confirmed in their places, but Avhich had not yet received the royal assent, he suspended six members of council at once;* he displaced Mr. Sutton, chief judge of one of the courts of common pleas, and removed Mr. Gibbes, chief baron of the court of exchequer. He dismissed several military officers from their commands; and, to strengthen his administration, filled their places Avith persons more readily pliant to his views. This violence sensed only to fan the flame of discord. The assembly petitioned the king, com plaining of the arbitrary proceedings of the president ; and the suspended members of council, on an application to the throne, Avere restored to their functions. This circumstance afforded matter of such exultation to the opposition, that they determined to preserve no terms Avith the president; and, in the blindness of their intemperate resentment, the interests of the country Avere sacrificed to the indulgence of personal animosity. It has been mentioned by some of our colonial historians, 1721, as an instance of Mr. Cox's want of moderation, that here- moved from the bench of magistrates several gentlemen of fortune and respectability, and encouraged vexatious pro- * These were T. Maxwell, T. Maycock, J. L. Blackman, W. Carter, G. Ball, and P. Bond : the two last were suspended in pursuance of the King's order, for being con cerned in the illegal proceedings against Bernard Cook. e g 2 228 THE HISTORY chap. vii. secutions against them. But this was, in fact, an indispen- 1721 ¦ sable part of his duty, in obedience to the commands of his sovereign. For although the order for the degradation of those persons Avho had been concerned in the arbitrary and illegal prosecution of Bernard Cook, was issued previous to Mr, Lowthcr's recal, it did not reach Barbadoes till after Mr. Cox had been placed in the president's chair. With regard to the vexatious prosecution Avhich he is charged Avith having countenanced, if conjecture may be alloAved to supply the place of positive certainty, it might not be thought improbable that these suits were commenced by Cook, to recover, from his unjust judges, a pecuniary com pensation for the injury which he had sustained by their illegal sentence. The conduct of the president in executing the royal order, added only to the number and the virulence of his enemies; for such are the selfishness and perverseness of mankind, that a commander in chief, who holds the reins of government Avith a steady equal hand, will often give offence to the petty despots, whose tyranny and licentiousness, he punishes or restrains. Among the various disputes in which Mr. Cox Avas in voked, there is oneAvhich deserves to be remembered, for the independent spirit displayed on the occasion by a gentle man Avho then held the highest laAv office in the coun try. The president was engaged in a correspondence, on some political subject, with Mr. Sutton, a member of the general assembly, whose letters happening to be written 4 OF BARBADOES. . 229 with a freedom and a poignancy, which his honour thought c^j^Y>11, inconsistent Avith the respect due to his exalted station, he laid them before the council. Concurring in the resentment of the president, the obsequious board voted that the Avriter should be prosecuted for a libel. Mr. Richard Carter, the attorney-general of that day, Avas accordingly ordered to pro ceed against Mr. Sutton for his supposed offence. Disdaining the servile office of avenging Mr. Cox's personal quarrels, this upright croAvn laAvyer declined the invidious task. In a memorial addressed to the president, he stated that Sutton's letters contained nothing sufficiently libellous, scandalous, and defamatory to make up the necessary ingredients in an indictment for a misdemeanor by Avriting. The learned gentleman added, "That by the laAVS of all civilized na tions, if even a prince require something to«be done Avhich the person avIio is to do it, takes to be uhlaAvful, it is his duty to refuse the performance of so illegal a command, and I fear, that should I carry on any prosecution, by in dictment or information, against any of the king's subjects, Avhich sfibuld hereafter be judged unlawful, it will be no justification for me to say that I had your honour's order, grounded upon the opinions of five members of council, for so doing;." * About this time the duke of Portland, accompanied by i722« his accomplished lady, arrived in Carlisle-bay, on his pas- *" Caribbeanna, vol. i. p. 401. 230 THE HISTORY chap. vii. sage to Jamaica, of which island his graee had been ap- 17~2, pointed governor. This event seemed, for aAvhile, to abate the rage of party. The opposite factions suspended their mutual animosity, and all ranks of people appeared emu lous of recommending themselves to their noble visitants by courteous display of a munificent hospitality. The august pair were highly gratified Avith their reception, and left Barbadoes impressed Avith a favourable opinion of the taste and politeness of the inhabitants. As the president was alloAved no salary from the country, the expenses of the entertainments Avhich he gave in ho nour of the duke and duchess of Portland, amounting to eight hundred and ten pounds, Avere defrayed, Avith the consefit of the legislature, by an order on the treasury for that sum. This circumstance, as will be seen in the sequel, was productive of much illiberal altercation. Such Avas the factious temper of the times and the little decorum with Avhich even the first magistrate Avas treated that Mr. Cox, Avhile presiding in the court of chancery, Avas grossly insulted by Gelasius Mac Mahon, a turbulent fac tious laAvyer; who, among other insulting expressions, charg ed the president with countenancing and supporting per jury. For this offence Mac Mahon was prosecuted at the ensuing court of grand sessions ; where he was sentenced to pay a fine of one hundred pounds; and to make a public apology, in a particular form of Avords, prescribed by the court, to Mr. Cox, at his next sitting in council; or, 1q OF BARBADOES. 231 be suspended from practising as a barrister in any court of Cl^f^11' law or equity, until he should comply with this part of the sentence. Mac Mahon objected to the legality of this judge ment, and the point Avas referred to the determination of the attorney-general, Avho gave a A'ery evasive and uncandid opi nion. The case Avas then transmitted to England and laid be fore serjeant Pengelly, who pronounced the judgment of the court to be erroneous and illegal, and ought to be reversed. The reasons assigned by the learned serjeant Avere these: that it imposed a submission and a confession of the offence in a prescribed form of words; that it Avas not; as it ought to have been, absolute and unconditional; and that the court of grand sessions had no authority to restrain the defendant from practising, in either of the other courts. This erroneous proceeding probably would not have hap pened had the chief justice been a laAvyer. It is not to be-doubted that the divisions and the dissen tions Avhich, at this period, distracted the country, Avere not more disgraceful to its character than prejudicial to its in terests. Perplexed Avith the acrimonious and contradictory complaints, alternately transmitted by either faction, the British ministry resolved to send out a commander in chief Avith full poAver to enquire into, and, if possible, to adjust all differences subsisting in the colony, and to punish all dis turbers of the public peace. Lord Bel haven, a Scotch no bleman, high in fa vour Avith the Prince of Wales, Avas first: appointed to the important office; but his Lordship, un- 6 352 THE HISTORY ¦chap.-vii. fortunately perished at sea. The appointment was next 1722. conferred on Lord Irwin, but he too had the misfortune to die on bis passage. At length, the government Avas bestow ed on colonel Henry Worsley, a gentleman of a steady in flexible temper. Disgusted with the tedious detail of factious disputes, the mind turns Avith complacency to the contemplation of more tranquil scenes, and seeks a temporary relief in revieAv- ing the means which have been adopted, in the progress of legislation, for the public security and happiness. These important objects, notAvithstanding the anarchy and confu sion which then prevailed, were not entirely neglected. Many laws were framed during this turbulent period ; and, though some of them are extremely erroneous and defec tive in many material points, others are judiciously adapted to the circumstances of the people and the advancement of their Avelfare. It is not proposed to take a general revieAv of the legislative acts of this period; a feAV will suffice for present observation. To governor LoAvther's quarrel with Mr. Gordon it is probably owing, that the bounty of the parochial vestries to their rectors was limited by laAv to a sum not exceeding seventy pounds, unless a donative to a larger amount should be confirmed by the governor and council. This law is noAv wholly disregarded, and the vestries are left to pursue their OAvn inclinations, certain that their largesses will be sanctioned by a higher authority. OF BARBADOES. 233 To the same improper cause may be ascribed the law for chap, vil preventing the establishment of a spiritual court in this '1722, island. As the colonies had never been formed into dio ceses, nor annexed to any particular bishopric, the bishop of London proposed to the King that they should be sub jected to his spiritual jurisdiction. His Majesty, having previously advised Avith the croAvn laAvyers, granted the bishop a commission, giving him full power and authority by himself, or by his commissaries, to exercise an eccle siastical jurisdiction in the several colonies, according to the laAvs and canons of the church of England; reserving to the governor the right of collating to all benefices, grant ing licences for marriages, and probates of wills By this commission his lordship Avas authorized to inquire into the manners and conduct of all rectors, ministers, cu rates, and incumbents of the several churches, and of all parish clerks ; and to correct and punish them; according to their demerits, by amoval, deprivation, suspension, ex communication, or other ecclesiastical censure. He was also empoAvered to inquire concerning the reparation of the parish churches and houses belonging to the rectors; to compel those whose province it Avas to keep them in suitable repair ; and to punish all Avho should be found delinquent and contumacious. This seems to have been a proper ju risdiction to correct any irregularities in the conduct of our spiritual pastors, and to decide in all differences between them and their flock. But after his dispute with Mr, h h SS4 THE HISTORY chap. vii. Gordon, his lordship's commissary, the governor obtained 1722. the passing of a law " to quiet the minds of the people against the terrors of a spiritual conrt." The preamble of this laAv states, that such a court Avould clash Avith the mu nicipal laws of the place, embarrass the government, vex and torment the gentry, depauperate the substantial free holders, and ruin the common people. It is- difficult to conceive Iioav these effects could result from the cause to which they are assigned ; but to obviate these mischiefs, real Or imaginary, it %as enacted, li that no ecclesiastical law or jurisdiction shall have power to enforce, confirm, or establish any mulct or -punishment, in any case 'whatsoever, Avithin this island." From the number of bays and landing places with Avhich the Avhole western coast of the island is indented, the Bar badians early saw the necessity of guarding, Avith care and Vigilance, against the incursion of a marine foe. They WCre more "solicitous of "securing their property from the at tacks of hostile freebooters, than of accumulating wealth, uncertain of its lehj6yinent. A chain of fortifications Avas erected from Maycock's-bay to Oistin's-toAvn ; in which Were enumerated forty-eight castles, forts, and batteries, mounted Avith 'four hundred and sixty-three pieces of ord nance. -The laws Avhich provided for the support of this establishment AA'Cre at first temporary and occasional, but under Mr. LoAvthei^s second administration, a more perma nent arid efficient plan w&s adopted. The island was sepa- OF BARBADOES. 235 rated into five divisions, and the war establishment con- C^F^\L sisted of seven chief gunners, tAventy under gunners, and 1722* one hundred and fifty-nine matrosses, besides five clerks, and five supervisors. The under gunners and matrosses are required to be on constant duty, and to be instructed by the chief gunners in the art of gunnery, and the use of small arms. If the plan be examined Avith an eye of candour, ab stracted from the abuses Avhich have crept into its execu tion, it certainly is entitled to approbation. A line of de fence is judiciously extended the whole length of the ac cessible part of the coast ; and an effective body of men are kept in continual readiness to repel the desultory irrup tions of maritime marauders, or to sustain a more serious attack until they can be sustained by the militia. But the Avisest of human institutions is liable to perversion, and the best concerted plains must fail, when those to whom the execution of them is entrusted, are negligent ox jaca- pable. This expensive establishment, whatever might have been its original design, has degenerated into a grievous and in tolerable burthen. The pay of the officers and men, inde pendent of the supervisor's s^larieq, Avhich, being contin gent, are not easily ascertained, amount to five thousand and twenty pounds annually ; to which must be added fif teen hundred pounds a year, part of the tonnage duty, ap propriated to tbe purchase of gun-powder. Nor dpes the h h 2 236 THE HISTORY chap. Vii. evii en(j here. Besides an immense expenditure of stores, 1722. jn wnicn prodigality Avantons without controul, great abuses are committed by the boards of commissioners *. To an swer some sinister purpose ; to promote the interest of a fa vourite supervisor, or to gratify the capricious vanity of an hospitable captain gunner, considerable sums of the pub lic money are squandered in repairing or erecting commo dious houses and elegant apartments for his accommoda tion. Ffence the annual expense of the fortifications may be fairly computed to exceed eight thousand pounds. Not withstanding this profuse and wanton Avaste of the pub lic treasure, many of the forts, particularly those which command the harbour of the second toAvn in the island, are literally mouldering in ruins ; they contain scarcely a single piece of serviceable ordnance, and are so completely destitute of ammunition as to be frequently incapable of exciting or propagating an alarm. The accessible nature of the AA^hole Avestern coast lays the country so open to the predatory incursions of a daring or rapacious foe, that nothing can be more evident than the imperative necessity of putting some of our forts and bat teries in a proper posture of defence. The impracticabi lity of constructing regular fortifications capable of Avith- * In 1776* Mr. Duke asserted, in the house of assembly, that the disbursements for the use of the fortifications were annually estimated at three thousand pounds, ex clusive of gunpowder. This estimate was made in time of peace. OF BARBADOES. 237 standing the~approach.es of a hostile squadron, or a besieging chap. vn. army, is admitted, yet the reparation of our principal forts, 172" and the supplying them Avith cannon and ordnance stores, are measures Avhich common prudence enjoins, if they be considered merely as the means of protecting our peaceful citizens from the casual irruptions and ruinous depredations of privateers. Were the fortifications kept in suitable repair, no man, capable of thinking justly, could suppose, for a moment,. that the gunners and matrasses are an useless body of men. But in their present ruined and dismantled condition, it cannot be dissembled, that the expenditure of the enor mous sum annually throAvn away upon them is unjust and oppressive. To provide for the support of government, and the maintenance of the public security, are duties in cumbent on every good subject; but the poAver which wrests from him a single shilling unnecessarily must be tyrannical. To reconcile the people to the burthens imposed on them for the support of this establishment, some sIioav of decency should be preserved. They should, at least, be amused Avith the idea of security. But the money drawn from their pockets is squandered in thoughtless profusion, Avithout the most flimsy pretext of necessity or expediency.' The voice of justice calls loudly for" the redress of this grievance. It is the duty of the representatives of the people to apply the proper remedy. No objection is made to the quantum of the sum annually expended on the fortifications; the 238 THE HISTORY chap. vii. misapplication of 'it is the only ground of rational com- 1722, plaint. Were they repaired and rendered capable of pro tecting our defenceless toAvns, the money required for their maintenance would be paid Avithout a murmur. No people in the Avorld, who contribute at all to the support of go vernment, are more moderately taxed than the Barbadians ; nor would they be dissatisfied at any augmentation of their burthens, were the produce of their taxes faithfully em ployed in providing for their safety. It has been proposed to abandon our forts, or to sell them to the croAvn, rather than be at the expense of repair ^ ing them. Pitiful economy ! Is there a man so lost to every sense of public virtue, as not to contemn the insi dious proposal ? So blind as not to see its folly and danger? Or so ignorant as not to be sensible of the necessity of keeping in repair the batteries within the vicinity of the toAvns, for the protection of the adjacent harbours ? Far from my intention be the idea of recommending the rebuild ing of our fallen forts, on the extensiATe scale on which they were originally planned, or of supplying them with the same number of superfluous cannon. It will be sufficient if our principal bays are enfiladed with strong batteries, mounting from two to six pieces of heavy ordnance*, with * Professional men say, that a battery of four guns, well posted, is a match for a first-rate man of war. Pocket Gunner, p. bQ* Iron ordnance, .exclusive of the car riage, costs twenty pounds' sterling a ton. Eighteen pounders weigh two tons, and. OF RARBADOES. 539 guatd-houses for the matrosses, and barracks for the mili- CHA?- vil tia on alarms. The expenses of this undertaking seem to J722- be greatly over-rated. In most places, the materials are already on the spot, and will be sufficient for the construc-. tion of batteries, on the reduced sca'le proposed, after every alloAvance is made for Avaste. In the interim, the gunners and matrasses, who, at present, are incapable of being usefully employed, may be dismissed from the service. The saA'ing of stores, gun powder, and salaries, Avhich may be thus obtained in one year, may be estimated at eight thousand pounds. This would be a sufficient fund for the purchase of fifty iron eighteen pounders, and tAvelve brass six pounders, with limbers, harness, and ammunition carts, complete. When cannon are procured, and the batteries rebuilt, the full complement of gunners and matrosses, might be restored Avith propriety ; and provision should be made for the punctual payment of their salaries. At present, they are annually -paid- half the salary due to them ; hence they are often obliged to sell their orders at a discount of more than one-fourth of their value. This is a great discouragement to the service. It prevents that strict attendance to their. twelve pounders a ton and a half. Ibid, p. 155 and 209. A light brass six pounder, with limbers and harness, complete, will cost 2151. sterling ; and every two guns will require an ammunition cart, which will cost 201. more. Hence, an estimate may: be made of the moderate expense at which the accessible joints -may -be guarded. 240 THE HISTORY chap. Vii. duty, which, were they more regularly paid, ought to be 1722. enforced; and which, under a better regulation, -their officers would have a right to demand. They should be formed into brigades of artillery, and, while on duty, should be subject to the articles of Avar, and disciplined with the same regularity as is usually practised in the King's garrisons. Thus would they be rendered an useful body of men; the country would enjoy, at a moderate ex pense, the advantage of a permanent defence against the predatory attacks of privateers; and possess a formidable corps of artillery, ready, in case of invasion, to join in the more important duties of the field. From this review of the act, respecting the fortifications, we shall proceed to that which Avas passed by president Cox, for preserving the freedom of elections. By this law, every free and natural born subject, except the descendants of negroes, of the age of tAventy-one years^ professing the Christian religion, who is actually and rightfully seized, and possessed of ten acres of land, or of a house, in either of the towns, of the yearly value of ten pounds, in fee simple or fee tail, in right of marriage, or of dower, by the cour tesy of England, in right of the church as rector ; or by five years quiet and lawful possession, is declared to be a freeholder capable of electing, or being elected, an assem bly man. The firsf thing observable in this laAv is, that it makes no difference betAveen the qualifications of the can didates and the electors. In England, every knight of the OF BARBADOES. 241 shire must have a clear estate, to the value of six hundred c^^}u pounds per annum; and every burgess, to the value of l122' three hundred pounds ; nor is it required that these estates should lie in the borough or county for which the members are chosen. But, in Barbadoes, every illiterate possessor of ten acres is born a legislator, or is at least eligible to a seat in the general assembly, as a representative of the parish in which his freehold lies. The second point, de serving of notice, is the qualification of the electors. And here, without adopting the wild theories and maxims of the parliamentary reformers, it may be fairly assumed, as a just objection to the eolonial election law, that the elec toral franchise is too limited. The principal qualification required of a voter for members of the British parliament, is that he should have a freehold of the value of forty shil lings a year. Why the privilege of voting for representatives was not made equally extensive in Barbadoes, is a question not easily solved, unless we conclude that the law was intended to enable those, by whom is was, framed, the more readily to exercise a corrupt and an undue influence at elections. One of the most invaluable privileges of a British sub ject, is that of appointing fepresentatives to consent to the making of such laws as may be necessary or convenient. To preserve this fundamental right pure and inviolate, should be our primary care, our noblest ambition. The freedom essential to the due exercise of this privilege, can li 242 THE HISTORY chap. vii. be maintained only by an extension of its benefits. All the 1722. inhabitants of every district, says Montesquieu, ought to have a right of voting at the election of a representative, except such as are in so mean a condition, as to be deemed to have no will of their oavii. The paucity of those, Avho, in most precincts, are entitled to vote, facilitates the sinister designs of the opulent and poAverful ; and often contributes to raise very umvorthy candidates to seats in the legisla ture, while it degrades some of our parishes to the con temptible level of venal boroughs. Though no advocate for universal representation, I conceive that the electoral fran chise is justly due to every Christian freeman, possessed of the smallest real estate. The humble possessor of a single acre is not less personally affected by the laAvs of his coun try, than the opulent proprietor of a thousand acres. In some districts it often happens, that the freeholders are deprived of the power of making a discreet choice, by the difficulty of prevailing on gentlemen of respectability to accept the representation of their parishes. This incon venience might, perhaps, be remedied, by imitating the policy of the mother country, and making it no longer necessary that the property of the person elected should be situated in the parish Avhich he represents. In a country, circumscribed Avithin such narraAV boundaries, no danger need be apprehended from a dissimilarity of interests, or a Avant of local attachment ; nor are genius and knoAvledge confined to any particular spot. An inhabitant of Christ OF BARBADOES. 243 Church may be as well qualified to represent the parish of CHAp- vii. Saint Lucy, as though he had been born and bred in^he 1?22, vicinity of Pye-Corner. Thus the deficiencies of one parish may be supplied by the talents of another ; and the abilities, Avhich, for the want of an opportunity to display themselves, remain inert and undistinguished, may be placed in a sphere of action, in which they may be bene ficially exerted for the general welfare. ii2 244 THE HISTORY CHAP. VIII. GOVERNOR WORSLEY'S ADMINISTRATION— 'MR. COX DISGRACED VIOLENT DISS-ENTIONS IN THE COUNTRY THE PEOPLE REFUSE TO PAY THEIR TAXES — MR. AVORSLEY RETURNS TO ENGLAND THE GOVERNMENT DEVOLVES ON MR. BARAVICK — DISORDERLY CONDUCT OF THE ASSEMBLY — CASE OF MR. BENNETT — MR. BAR AVICK DIES, AND IS SUCCEEDED BY PRESIDENT DOTIN. chap. Vill. tlENRY Worsley, Esquire, having received his Majesty's 1722. commission, appointing him governor of Barbadoes, arrived in Carlisle Bay, on the twenty-second day of January, one thousand seven hundred and twenty -tAVO. He brought Avith? him the most inveterate prejudices against the president and his party ; but, like a consummate politician, carefully concealed his sentiments, till he had concluded an advan tageous bargain for himself with those who held the strings of the public purse. Having received his Majesty's per mission to accept a settlement from the legislature*, he * Willing to provide for tbe support of tbe colonial government, his-Majesty, by his instructions to Mr. Worsley, directed, in case of the governor's absence from the island,., that one full moiety,, of the salary allowed by the crown, and of all perquisites, OF BARBADOES. 245 refused to set his foot on shore, till the leading members of chap.viii. both houses had agreed on the revenue to be raised for his 1722- support. The ambitious views of the opposite parties, proved highly beneficial to the governor. Each seemed anxious to purchase his favour ; and, during the time which intervened, betAveen his arrival and the meeting of the assem bly, the competition was conducted with a spirit extremely disastrous to the people*. It Avas finally determined to settle on his excellency a salary of six thousand pounds, sterling, a year. A sum, .,t the stipulated rate of exchange equal to seven thousand eight hundred pounds currency. Thus, in the ridiculous attempt to propitiate the kindness of a venal chief, the assembly sacrificed the perma ieit interests of their constituents, to their oavii silly vuoity and puerile ambition. To provide for the payment of this enormous salary, a capitation tax of iavo shillings and sixpence Avas- laid on all slaves, besides an assessment on the inhabitants of the several towns, in proportion to their population and opulence ; and a tax on lawyers, patentees, and other pub- He officers. His excellency accepted the settlement, Avith evident marks of satisfaction; and, besides promising a redress of and emoluments whatsoever, which should become due to him, should, during the me of his absence, be paid to the president, for the time being, for his maintenance- tand the support of the dignity of the government. * Mem. of Barb. p. 53. Univ. Hist. vol. 41, p.. 171. Hall's Settle, of Barb. p. 31. 246 THE HISTORY chap.viii. grievances, pledged his Avord that he Avould make ho far- 1723, ther demands on the public generosity; promises Avhich seem to have been wholly disregarded. Having thus suc^ ceeded to the full extent of his most sanguine Avishes, Mr. Worsley entered upon the duties of his high office, by instituting an inquiry into the causes of the late disturb ances. In consequence of the many complaints exhibited against Mr. Cox, he was summoned to appear before the governor, Avhere his conduct underwent a rigid scrutiny, that lasted several days. The crimes imputed to Cox Avere, in the first place, that he had greatly harassed the members of his Majesty's council, by requiring their frequent at tendance Avithout sufficient cause ; secondly, that he had grossly insulted them by using, insolent and unbecoming language in council ; thirdly, that he had, in the most ar bitrary manner, removed many officers of distinction from their civil and military employments ; and, lastly, that he had, illegally, committed Gelasius Mac Mahon, a member of the general assembly, to prison. To these charges, Mr* 'Cox pleaded, that the frequent calls of council were owing to the factious conduct of those members, Avho obstinately absented themselves, Avhen their presence was required for the dispatch of public business; that any intemperance of expression, into Avhich he might have been betrayed, had been provoked by the disrespectful and contumelious beha viour of those to whom it was applied ; that those public officers, who had been dismissed from the service, had for- OF BARBADOES. 247 feited their employments by their turbulent, factious dispo- chap.viii. sition ; that Mac Mahon had deservedly incurred the com- 1723, mitment complained of; by his disorderly contemptuous deportment before him, in the court of error, of Avhich offence he had been legally convicted by a jury*. The able and judicious defence made by Mr. Cox, availed him nothing. Upon these frivolous and malicious charges, unsupported by any evidence of criminality, he was con demned for having acted arbitrarily, corruptly, and ille gally; his excellency, therefore, removed' him from his Majesty's council, and declared him unAvorthy of being re appointed to a seat at that board ; adding, that he ought to be prosecuted in the courts of Isav, agreeably to the na ture of the crimes proved against him. The sentence Avas communicated to Mr. Cox, in a letter from his excellency's secretary, Mr. Hammond, Avho received two hundred and fifty pounds from the treasurer, for attending the trial, and making out a copy of the proceedings, to be transmitted to the Board of Trade j~. The judgment against Mr. Cox Avas not. only resented by his particular friends, but Avas condemned, according to a contemporary Avriter^, by the candid and impartial part of the community, for its extreme severity and injustice. Having been denied the benefit of an appeal, Cox went into a voluntary, exile on the continent of North Americaj * Vide Ante. p. 196. f Univ. Hist; vol. 41. p. 172. X Caribbeanna, vol. 1. p. 342. 248 THE HISTORY chap.viii. where his death, soon aftenvards, expiated all his political 1723, sins, and removed his cause to that unerring tribunal, where he will find more justice and mercy than he experienced before an earthly jurisdiction. By the rigour of this procedure, the governor stirred up the unextinguished embers of party, and laid the ground work of an opposition, Avhich, by the operation of other causes, continued to gain strength, during the whole of his subsequent administration. The inflammable tempers of Cox's friends instantly took fire at the injury done to their patron ; nor were materials Avanted for spreading the flame among a people so well prepared for the ignition as the Bar~ badians were at that time. The enormous settlement made on the governor was soon found to be a burthen totally disproportioned to the strength of those by whom it was to be borne ; and was rendered the more insupportable by the impoverished state of the country, occasioned by the heavy imposts on the merchant able products of the soil, and the restraints with which the commerce of the colonies was fettered. The policy by which Great Britain regulated the trade of her West In dian settlements, though it might have promoted the na tional prosperity, was little calculated to afford satisfaction to the colonists, or to contribute to their individual welfare. The monopoly of the sugar trade, claimed by Great Bri tain, by requiring that all colonial produce, intended for European consumption, should pass through the ^nglish OF BARBADOES. 249 market, subject to a duty, on importation, besides other c^™' charges incident to a double voyage, afforded the French and Dutch adventurers, who were free from similar restric tions, a decided advantage over the British merchants in the sale of West Indian produce on the continent. The assembly had not only deceived themselves, but their 1727. constituents too, with a hope that their liberality to Mr, Worsley Avould have attached him to their interest, and that by his mediation, the restraints on their agriculture and commerce would be removed; while, by his firmness and impartiality, tranquillity Avould be restored to their distracted country. Far from obtaining these advantages, the people found their complaints disregarded, and their calamities encreased by their OAvn culpable profusion to the governor. Disappointed in the expectations Avhich they had fondly cherished, and smarting under the effects of their OAvn indiscretion, they turned the edge of their resent ment against his excellency, as if he had been the sole au thor of all their grievances and misfortunes. Nor Avas Mr. Worsley's proud and supercilious carriage calculated to soften the popular resentment, nor to reconcile the people to the Aveight of the oppressive burthens imposed on them for his support. The deplorable condition of the country, and the state of the public mind at this period, may be best collected from the representations transmitted to the lords commis sioner^ of trade. In a memorial presented to that board, Kk 250 THE HISTORY chap.viii. the assembly did not affect to conceal the views by which lW7, they Avere actuated in fixing the amount of the governor's salary. Expecting to silence the contention of parties, and to obtain a redress of other grievances, they acknoAvledged that they had been prevailed upon to consent to a settlement which the country Avas unable to bear. Yet, far from deriv ing these benefits from their indiscreet generosity, no mea sures, they observed* had been taken to relieve them from the oppression under which they Avere struggUng ; the puta- lic Avelfare had been entirely disregarded ; the militia Avas neglected and undisciplined ; the forts and batteries had gone to decay, and the stores were wasted or embezzled ; while his excellency, and all persons in office under him, were solicitous only of enriching themselves by the spoils of the people. Against these representations Mr. Worsely defended him self, by his agents in London, Avith great spirit and ability. He repelled every charge, and finally triumphed over his accusers. His success Avas principally OAving to. the enco miums bestoAved on him by the council and the grand jury, who at the preceding, sessions had presented his excellency with a very flattering address,, praising the mildness and prudence of his administration, and, at the same time-, con demning the proceedings of the opposition.. Hence let grand juries learn more caution in the composition of their addresses, since they see how easily their unmeaning pa negyrics may be turned to their own injury... ^ OF BARBADOES. 25i Historians are seldom free from the prejudices and par- chap.viii. tialities of other men. Influenced by the spirit of party, 17>'7- they too often distort and pervert the facts Avhich they relate. Hence it is difficult, after any considerable lapse of time, . to reconcile the contradictory accounts transmitted to us of the transactions of former ages. Nor is it an easy task to ascertain the truth of the imputations against Mr. Worsley. On the one hand it is asserted, that besides the general com plaints contained in the memorial to the board of trade, his excellency had been guilty of many particular acts of injustice and oppression on the merchants of Bridge-toAvn ; who, from the servility of the council, Avere precluded from the means of redress*. Opposed to this is the testimony of a contemporary author, to this effect: although Mr. Worsley's pride and reserve had rendered him extremely un popular, he carefully refrained from all oppressive mea sures, and ay as not liable to be removed on any other prin ciple than that of easing the inhabitants of the burthen- some settlement Avhich he had obtained f . Upon the whole, his excellency's conduct does not appear to have been al together unexceptionable. NotAvithstanding his promise to the assembly, on accepting the salary which they had set tled on him, he occasionally received several large sums ; besides being paid upwards of two thousand pounds for the repairs of the house and gardens at Pilgrim; that very * Univ. Hist, vol, 41. p. 174. f Memoirs of Barb. p. 54*. k k 2 252 THE HISTORY c^Aj^yjn- house, which only seven years afterwards was purchased by 1727. t]ie legislature, with twenty acres of land, for thirteen hun dred and fifty pounds* . The people of Barbadoes were in the highest degree dis satisfied with the payment of Mr. Worsley's salary, when the death of George I. afforded them a favourable pretext, as they erroneously thought, of disengaging their necks from the galling yoke. A time of popular discontent and confusion is generally the season in Avhich men of depraved hearts and wicked designs, under the mask of patriotism, n2g distinguish themselves most by their flagitious enormities. Gelasius Mac Mahon, a turbulent laAvyer, of infamous ce lebrity, and Robert Warren, register in chancery, and clerk of the general assembly, noAv appeared the professed champions of their oppressed countrymen ; whom, with a view to their private emolument, they sought to embroil more deeply with the governor. As all commissions and patents Avere known to determine with the death of the King, by Avhom they Avere granted, unless continued or reneAved by his successor, these artful incendiaries pretended that Mr. Worsley, having received no new-commission from his present Majesty, Avas no longer the laAvful governor of tbe island ; and that consequently the act of settlement had expired. The bulk of the people, blinded by their wishes to be relieved from their Hall's First Settle, of Barb. p. 31, M. S. OF BARBADOES. 253 burthens, readily assented to this doctrine ; the fallacy of chap.viii. Avhich they were incapable of perceiving, and perempto- I728, rily refused to pay their taxes, or even to give in returns of their slaAres. And such was the inefficiency of the execu tive government, and the illegal combination among men in poAver to resist the administration of the laws, that no effectual measures Avere, nor could be, taken to enforce the penalty against defaulters. The agitation of the public mind Avas encreased to a con siderable degree by a disagreement betAveen the council and assembly concerning the excise bill. In this dispute, as in most domestic quarrels, there seem to have been faults on both sides. The council had made some amendments to the bill Avhich, abstractedly considered, were highly proper. They proposed, that all seizures to be made by virtue of the act should be prosecuted by the attorney-general instead of the treasurer, in the name of the treasurer or such other of ficer as should make the seizure. This they contended was absolutely necessary, as seizures might sometimes be made by the excise Avaiters, and the crown lawyers must, of course, be consulted on such occasions. By the bill the treasurer and all inferior officers were prohibited from receiving any fees on the entering or clearing of vessels under a forfeiture of five pounds, recoverable before any justice of the peace. To this summary mode of proceeding the council objected; and proposed, that the penalty should be recoA^ered by action of debt in any Court of record. They remarked, that on a 4 254 THE HISTORY chap.viii. recent occasion, a similar mode of proceeding had been 172a- condemned by the board of trade, and disapproved by his Majesty, as taking from the subject his most inestimable privilege, the trial by jury. But the principal ground of contention was the proposal made by the council to omit that clause of the bill by which the loAver house had prohi bited the treasurer from paying any money by virtue of orders issued by the governor and council, other Avise than on the address of the assembly, for payment of accounts previously submitted to their inspection and approbation. To this clause, their honours said they could never consent without a forfeiture of their seats, as it was in direct viola tion of the King's instruction to his representative. The manner of providing for the payment of the agent's salary was next objected to, as affording the assembly, from its la titude of expression, an opportunity of disposing of im mense sums of the public money, under that pretence, to persons Avhom the council did not approve*. The attempt of the council to alter a money-bill Avas evi dently an infringement of one of the fundamental principles of the constitution, by which the right of granting supplies is vested exclusively in the representatives of the people. And the commons of England, justly tenacious of such an invaluable privilege, have uniformly resisted any encroach- * The council's reasons, in support of their amendments, were ingeniously drawn sup and published. They are preserved in tbe Appendix to the Caribbeanna. OF BARBADOES. 255 ment on their right, by invariably refusing any amendment chap.viii. to a bill for raising money on the subject by the house of 1728'' peers. The amendments having, of course, proved fatal to the bill, the assembly prepared a new draught, in which they stipulated, that no orders on the treasury should be is sued by the governor and council on any occasion, not otherwise provided for by laAv, but upon an address from' their body. This was considered by the upper house as an infringement of their rights, and the prerogative of the chief magistrate. They, therefore, rejected the bill, ground ing their dissent on the royal instruction first given to Mr- Grey, and since continued to every succeeding governor, " not to suffer any public money to be disposed of other wise than by Avarrant under his hand, by, and Avitli the adr vice of his council ; permitting the assembly, nevertheless, from time to time, to examine the accounts of money to be disposed of by laws made by them* _" Contrary to the letter and the spirit of this instruction, the assembly insisted on their right to. scrutinize all accounts previous to the emission of orders for payment. A poste rior examination, they contended^ would avail nothing ; as, in case of abuses in the public expenditure, it Avould be much too late to find fault after the money was gone.. The council disputed this claim ; contending for the com- * Mem. Barb, p. 55, 256 THE HISTORY chap.viii. petenee of their board to investigate all demands of a pub- 1728. He nature, and to sanction the issuing of orders for Avhat- ever sums they should think proper, without any previous reference to the popular branch of the legislature ; and in this they maintained, that they Avere Avarranted by the con stant practice of parliament. Both parties continuing obstinate, a copy of the bill was sent to England by the governor, and, by his Majesty's order referred to the lords of the committee of privy coun cil. Their lordships, after due consideration, reported to the King, " that by some clauses of the bill, the assembly Avould deprive the governor of the power, given him by his Majesty, to sign warrants for the issuing of money, Avithout their approbation previously obtained, which was contrary, they observed, to the established usage of all his Majesty's colonies, and derogatory from his royal prerogative. To discourage such attempts in future, their lordships humbly advised his Majesty to signify his disapprobation of the draught*. The bill Avas accordingly rejected, and the as sembly passed a new one, in Avhich they omitted the ex ceptionable clauses ; refusing, hoAvever, to provide for the payment of those public creditors, Avhose demands, sanc tioned by the council, had originally given rise to the dis pute. But, after a lapse of several years, a subsequent * Caribbeanna, vol. 2, p. 318. Mem. of Barb, p. 57. OF BARBADOES. 257 assembly, having examined the accounts, consented to their C^^J1' i • -i 1729. being paid. MeanAvhile, a general coalition was formed among per sons of all parties to oppose the leA'ying of taxes for paying the salary of the governor. The vestry of Saint Michael's, doubting their authority to assess the inhabitants of Bridge town, conformably to the act for the support of govern ment, consulted Mr. Blenman, his Majesty's attorney-ge neral ; Avho, with his usual candour and integrity, pro nounced that the act had not expired. This opinion Avas far from proving satisfactory. Upon cases partially and im perfectly stated, Warren and Mac Mahon had obtained the opinion of tAvo eminent English laAvyers, much more agree able to the vieAVs of the malcontents*. * I have here subjoined Mr. Blenman's opinion, as it will serve to elucidate the text, and as it does honour to the memory of a man whose virtues and talents rendered him one of the brightest ornaments of his country. It has been generally held at common law that all patents determined by the death of the king, by whom they were granted. However by the statute 7 and 8 Will. III. explained by 1 Anne ch. 8. all commissions or patents are made to continue for six months after the demise of the king, unless superseded in the mean time by his successor. Now the governor holding his place by virtue of a commission from the late king, and that not having been renewed by his present Majesty, till after the six months were elapsed, it would *eem reasonable enough, taking it in that light, to infer that his excellency had ceased to be governor at tbe expiration of six months ; and consequently that the act was no longer in force, it being limited to the time that Mr. Worsley should continue to be his Majesty's captainfgeneral and governor in chief; and in that quality personally to reside on the island. But this case rests on the construction of the act referred to. 258 THE HISTORY chap.viii. Mr. Worsley finding there Avas no chance of obtaining 1729- justice by any ordinary means, presented a memorial to the lords commissioners for trade and plantations, fairly stating the particulars of the affair, Avith the doubts that had arisen on the subject; and requesting that his com plaints might be laid before the king, and imploring his Majesty's interposition. The memorial Avas, by order of his Majesty, referred to the consideration of the attorney and solicitor general of Great Britain. The report of these croAvn laAvyers, which may be seen at length in the Carib- beanna, decided the point in favour of the governor, and corresponded in every particular Avith that delivered by Blenman. 1731. This decision, it Avas thought, would have removed every doubt: but although these opinions Avere immediatly made known, the popular delusion Avas still kept up by the agency of evil minded persons; and. people of the first rank and distinction determined to oppose the execution of that laAV, to which, in their legislative capacities, they had given The intention of the law was to make a suitable provision for his excellency as long as he should continue in his government ; and, since the king, in a legal understanding never dies, it seems clear that these words do not confine the provision for the gover nor to that reign only ; but that they take in the whole time of his residence here as chief magistrate. Now as Mr. Worsley has continued to reside in the island, ever since his first arrival, in quality of commander in chief, it follows that the act for sup porting the honour and dignity of government is not determined." — Vide Caribbeanna. vol. l.p. 40. OF BARBADOES. 259 their sanction. Many had refused to give in the number cv^^J1' of negroes on Avhom the tax Avas to be paid, and as many 1731, changes of property had been effected, it Avas deemed im practicable to recover the arrears by any legal process. At length tired with a tedious contention, to Avhich there seem ed no prospect of an amicable or successful termination, Mr. Worsley resigned the government and returned to sept. 21. England. Upon Mr. Worsley's departure the government devolved on Samuel Barwick, president of the council. The acces sion of this gentleman produced no change in the temper of his countrymen. The gloom of discontent still loured over the political horizon. Mr. Barwick had, indeed, rendered himself obnoxious to the demagogues of the popular party by the prudent submission to the law, respecting the salary of the governor, which he both practised and recommended. On the first meeting of the legislature, the president took November?. the occasion of addressing them collectively to remark, that, as they had the happiness of enjoying the protection of one of the best of princes, Avho, among his other royal virtues, was particularly attentive to the Avelfare of his colonies, it was their bounden duty to shew themselves Avorthy of his paternal care, by an implicit obedience to his commands. The annual excise bill having expired, his honour suggested to the assembly the necessity of preparing a new one Avith out loss of time; and to obviate as much as possible any alteration, he recommended that they Avould frame the bill L 1 2 260 THE HISTORY chap.viii. Qn ^rue constitutional principles, and make the money ap- 173K plicable only to the support of government. He next ad verted to the ruined state of the fortifications, submitting to the representatives of the people the propriety of making some effectual provision for their repair. They ought not, he said, to suffer the hardships of which they complained to impede this necessary business, as they Avere not then sub ject to any other impositions on their produce than such as they had borne nearly seventy years* He concluded Avith assuring both houses of his readiness to concur in any mea sure that should be proposed for the real honour and in terest of the country, consistent with the royal instructions. And, as it Avas impossible to succeed in any useful under taking, Avithout a perfect union, among themselves, he in dulged the pleasing hope of finding the most cordial unani mity in the public councils. As they Avere all equally in terested in the welfare of the country, it Avas not likely, he said, that they should disagree as to the means of promot ing it, if all were actuated by the same generous and patriotic spirited principles. The council presented a polite and respectful address to the president, Avhich, as usual, was little more than an echo of the speech. But his honour's loyal and exalted senti ments made no impression on the members of the assembly. Such Avas the ill humour Avhich prevailed in that house, that they Avould not even observe the common civility of ad dressing the chair, nor Avould they consent to make any 6 OF BARBADOES. 261 provision for Mr. Barwick's support during his administra- chap.viii. tion. i"1- The house of assembly, at this period, appear to have been entirely resigned to the will of their speaker, the honourable Henry Peers ; a man, ambitious, bold, intrigu ing and vindictive. Under the influence of this leader, the proceedings of the assembly assumed, a character distin guished by an inordinate thirst of poAver, continually ma nifesting itself by encroachments on the prerogative of the crown, a contempt of the authority of the king's represen tative, and- in attempts to invade the privileges of the coun cil. NotAvithstanding his- Majesty's disapprobation of the late excise bill,, the assembly again claimed the same uncon stitutional controul over the public disbursements Avhich had been peremptorily denied them three years before. Influ enced by the same sentiments Avhich had operated with them on the former occasion, the council rejected the bill, which was iioav sent up for their concurrence. The dispute, how ever, Avas not, at this time, confined to the privileges of either branch of the legislature. An additional topic, of a different complexion, Avas noAv started by the president. It Avill doubtless be remembered, that Avhen the Duke of 1732. Portland visited Barbadoes, president Cox had incurred a considerable expense by entertaining his noble guest and his suite; for which he had been. reimbursed by two orders ori the treasury for eight hundred and ten pounds. The ex- haustedstate of the public coffers rendering the payment C62 THE HISTORY cilAP.Vitf. 0f the money somewhat uncertain, Mr. Cox, for theaccom- 1732. modation of Sandford, the treasurer, transferred the orders to him, and took his personal security for the amount. These orders were regularly charged by the treasurer, as if the money had been paid, and Avere settled by the com mittee of public accounts. He had, nevertheless, omitted to pay Cox ; ' avIio, as Ave have already seen, had gone to America, Avhere he died, leaving Mr. Peers, the speaker of the assembly, to whom he owed a considerable sum, his executor. Sandford, having proved insolvent, was impri soned by his creditors ; and as there Avas no chance of col lecting the money due from him to Cox's estate, Peers and Bignall, his tAvo securities, anxious to provide for their OAvn safety, prevailed on the obsequious assembly to assert a clause in the excise-bill, directing the payment of these very orders to Cox's representatives, which had been dis counted nine years before Avith the late treasurer. Happily the president discovered the imposition, and explained it to the council, in time to frustrate the fraudulent design. Though Mr. BarAvick, in this instance, acted as became a faithful guardian of the people, his upright conduct irri tated the minds of those Avhose malversation he had de tected, and provoked a torrent of illiberal invective from Mr. Bignall, in the house of assembly, on a speech replete Avith the most acrimonious expressions. A committee of council Avas appointed to make a minute enquiry into the circumstances of this transaction, and had draAvn up their 4 OF BARBADOES. 263 report on the subject, but the arrival of Lord HoAve, in the chap.viil interval, opening a neAV scene of politics to both parties, the U32- affair Avas compromised, and all pretensions to the money in question given up*. The assembly, for the dispatch of public business, had been permitted to adjourn themselves de die in diem; but, as they persisted in refusing to pass an excise-bill, free from the objections to Avhich the last Avas liable, the president, hearing that they Avere proceeding to other business, sent the provost marshal to adjourn the house to a future day, intending, in the mean time, to dissolve it by proclama tion. The marshal, instead of Availing till the house had sat, communicated his errand to Warren, the clerk, who immediately fleAv to the different members with the intelli* gence. Determined not to relinquish their scheme, they privately assembled at the store of Othniel Haggat, mem ber of council, where they proceeded on the business in hand, and continued their illegal sittings, without any re gard to the authority of the chief magistrate, until their place of rendezvous being, at length, discovered, they were adjourned by the president's order. His honour soon after dissolved the house, and issued Avrits for a neAV election. Nor were these the only disorders and irregularities which the annals pf this period afford. A few bold, turbulent, * Caribbeanna, vol, 2. p. 355. 264 - THE HISTORY chap.vih. licentious men, assumed a domineering influence over 1732. every department of the state ; and, with democratic in solence, obstructed the legal exercise of the executive au thority. Mr. Bennett, a gentleman of respectability, had com menced an action against Doctor Warren, for the recovery of a plantation ; and the defendant, to impede his adver sary's proceedings, had removed the cause, by a bill of in junction, into the court of chancery. In the progress of the suit, an attachment had been issued against Bennett, for an imputed contempt of the court ; but, as it was then likely that the affair Avould be compromised, the Avrit was never executed. After an interval of nine months, when all prospect of an amicable adjustment of the cause of litigation had disappeared, Mac Mahon, the advocate in this suit, without any order from the court of chancery, which was not then sitting, obtained from Warren's brother, the register of the court, a second attachment, directing the serjeant at arms to take Mr. Bennett into custody. The order was instantly obeyed, and the man conveyed to prison, though he offered sufficient bail for his appearance, whenever it should be required. Unfortunately for the prisoner, the court of chancery was prevented from sitting on the day in course ; and as its adjournments were monthly, it seemed probable that his incarceration would be pro tracted to an unreasonable length. He therefore petitioned Mr. Banvick to interpose his authority, as chancellor, and OF BARBADOES 263 to order his enlargement. The attorney-general, on being chap.viii. consulted, pronounced the Avhole transaction to be irregular 1732- and illegal; and, as Bennett Avas not committed by order of the court, the learned gentleman recommended the president to direct a supersedeas to be issued for his liberation. The necessary orders were accordingly given, but the register, Avho had not hesitated on the authorized applica tion of his brother's counsel, to issue a writ for confining Bennett, suddenly became so tenacious of his duty, that he peremptorily refused to obey the president's order for his •release, alleging that the chancellor had no authority out of court to direct a supersedeas. As Bennett had not been committed for actual contempt, but merely to ansAver the imputation, his counsel contended that he was entitled to bail, but the serjeant at arms pertinaciously refused to take security for his appearance in court. At the end of three Aveeks, during Avhich he had lain in -the common gaol, Bennett petitioned the Honourable Fran cis Vaughan, chief judge of a court of common pleas, for a Avrit of habeas corpus. The judge prudently consulted the attorney-general, who, with characteristic can dour and ingenuity, gave his opinion at length. If the prisoner had been taken up, by an order of the court of chancery, he admitted, that the judge would have no power to interfere. On the other hand, if the court did not direct the process upon which he had been arrested, m m 266 THE HISTORY chap.viii. the learned barrister insisted, he might be legally discharged. l"fl&- And, as, upon a review of the whole proceedings, it did not appear that the court of chancery was at all concerned in the commitment, Mr. Blenman thought the judge would not interfere with the jurisdiction of that tribunal, by dis charging the prisoner. In pursuance of this advice, Ben nett Avas liberated, by virtue of a writ of habeas corpus. Provoked at having the victim thus rescued from their fangs, W^arren's party not only abused Bennett and his counsel, in the most outrageous manner, but Mac Mahon, more violent than the rest, insulted and even chal lenged the chief justice. For this flagrant outrage he Avas indicted at the next court of grand sessions, and Avas convicted of the offence ; but, from the faulty constitution of our criminal judicature, and his influence over the bench, he escaped with impunity * ; or, at most, Avith a moderate fine. , These abuses and disorders, in the administration of government, Were not the only evils under which the Bar badians laboured. The decay of commerce, and the de cline of agriculture, were ills most sensibly felt and loudly- complained of. The onerous imposts on their staple products were rendered more oppressive by the extreme rigour \vith * Caribbeanna, vol. 1. p. 259 and 302. This flagitious character was a person of considerable property, owner of Locust Hall plantation ; a lawyer by profession, and a member of the general assembly. OF BARBADOES. 267 which they Avere exacted ; particularly the duty on sugar, chap.viii. which Avas actually paid on the wood of Avhich the casks 1732- were made. But the injury of Avhich the Barbadians com plained most, was occasioned by the permission given by Great Britain to Ireland, and her North American colonies, of importing sugar, rum, and molasses, from the French and Dutch settlements. The adventurers of those places, free from the heavy duties on exportation, to which the mer chants of Barbadoes were liable, had not only obtained a decided advantage over the British on the continent of Europe ; they were enabled to undersell theni in their own markets, in the American provinces ; whence they received, in exchange, every article required for the support and im provement of their plantations. The French, unacquainted with the principles of distillation, furnished the Americans with considerable quantities of molasses, for the support of their distilleries, which, but for that intercourse, must have been thrown away. Hence the consumption of West Indian spirits was materially lessened on the American continent, to the manifest injury of the planters of Bar badoes, with whom rum was an important staple. # Under circumstances so depressing to the commercial and agricultural interests of the country, the Barbadians concurred in an humble petition to the throne, in which, after a pathetic enumeration of the grievances and oppres sion to which they had long patiently submitted, they m m 2 268 THE HISTORY chap.viii. prayed that the importation of foreign rum, sugar, and 1732. molasses, into Ireland, or the Anglo-American provinces, should be prohibited, unless they had been previously- landed in England, or made liable to such duties as should put them on a level Avith the productions of the British colonies. The truth of these complaints, and the equity of the demands Avhich accompanied them, seem to have aAvakened the attention of the British ministry, though nothing Avas immediately done for the relief of the peti tioners. December. MeanAvhile, on the day appointed for the meeting of the neAV assembly, the president, being prevented by ill health from going to Bridge-To Avn, was under the necessity of re ceiving the other branches of the legislature at Lancaster plantation. His honour opened the session with a speech, in Avhich, after descanting on the usual topics, he declared, that in dissolving the last assembly, he had been influenced by no other consideration than that of affording the house an opportunity of passing an excise bill Avith consistency. which, he observed, the public service required should be done Avithout delay. He concluded with an assurance,; that as long as he lived, which, in all probability, could not be long, the prosperity of his country would be the first wish of his heart. These words seem to have been uttered with a prophetic spirit. He survived the patriotic declaration little more than a week ; he died on the first OF BARBADOES 269 day of the new year, and was buried in a pirate manner, CIv^311- at St. James's church, the next dav*. 173s- J Jan. 1. Whatever faults the violence of party, or the malevo lence of his political opponents, may have imputed to Mr. Barwick, his public conduct, if Ave may rely on the testi mony of an author of his own times, Avas free from any- vicious stain. His administration was distinguished by pru dence, equity, and moderation. Umvilling to rely, en tirely, on the soundness of his own judgment, he commonly endeavoured to render his good intentions more efficacious,, by the advice of others ; and was implicitly guided by the counsel of those in whose integrity and superior under standing hekneAv that he could place the utmost confidence. It was his felicity to perform the duties of his high sta tion,, without blame, to the satisfaction of the candid and impartial, and to the utter disappointment of his enemies. In all cases of difficulty, he resorted to the attorney -general, Blenman, for assistance ; happy in having a friend of such probity and talents to solve his doubts and confirm his honest purposes; and yet more happy in the sagacity and humility with which he availed himself of an advantage so inestimable. The death of Mr. Barwick placed the reins of govern ment in the hands of the Honourable James Dotin. This gentleman seems to have possessed a much greater portion * Caribbeanna, vol. 1. p. 102, 370 THE HISTORY chap.viii. of the esteem of the assembly than had fallen to the lot of 1733. his predecessor. They voted the sum of one hundred pounds to prepare for his reception at Pilgrim, and a pre sent of five hundred pounds to provide for his accommo dation during his residence there. Whatever- might have been the talents or virtues which procured him these marks of distinction, he had very little opportunity to display them. , He was quickly superseded by the arrival of Lord Viscount Howe, who had been appointed to the govern ment of Barbadoes. OF BARBADOES. 271 CHAP. IX. LORD HOWES POPULAR ADMINISTRATION PAYMENT OF MR. WORSLEY'S SALARY ENFORCED ESTABLISHMENT OF A PRESS MURDER COMMITTED BY MAC MAHON DEATH OF LORD HOWE PRESIDENCY OF MR. DOTIN MACK MAHOn's TRIAL AR RIVAL OF GOVERNOR BYNG — DISPUTES BETWEEN THE GOVERNOR AND THE ASSEMBLY DEATH OF MR. BYNG LEGISLATIVE PRO CEEDINGS. ON the first meeting of the legislature, Lord Howe ad- chap. ix. dressed the council and assembly in a plain respectful speech. 1733. . April 17. He regretted that the arrangement of his private concerns had detained him much longer in England, after being honoured Avith his Majesty's commands to take upon him the government of the island, than he expected. But he assured them, that he had endeavoured to make his absence useful to the colony, by employing himself, during that interval, in representing to the ministry the many hard ships and disadvantages under which the trade laboured ; and in soliciting a redress of their grievances ; and he Avas happy in bringing Avith him the glad tidings of a speedy and effectual relief intended for them by the King 1 272 THE HISTORY chap. IX. anc| ujs parliament. Turning to the assembly, he observed, 1733, that although it had been usual Avith former governors to issue writs, on their arrival, for a neAV election, the confidence Avhich he had in their wisdom and zeal for the public Avel- fare, together Avith his desire of giving every possible dis patch to business, had induced him to depart from this custom ; and, Avith a view to their personal ease, he had preferred their meeting on the day to \vhich they stood ad journed. He informed them, that he had receiA^ed orders from his Majesty to lay before them several instructions, tending to the honour, security, and advantage of the island; which, at proper times, should be communicated to them. There Avas one, however, Avhich, as it concerned himself, he should immediately submit to their considera tion, without any comment of his own. Professing to have nothing nearer to his heart than the prosperity of the coun try, he declared, that inclination, as Avell as obedience to his sovereign's commands, would impel him to use his best en deavours to restore the trade of the island to its former flourishing condition. To render effectual his Majesty's gracious intention towards them, he urged unanimity and concord among themselves ; a constant attendance on the duties of their several stations ; and a perfect union in the pursuit of such objects as Avere connected with the general welfare ; promising, on his part, that he would contribute every thing in his power to effectuate a propitious change 6 OF BARBADOES. 273 in their affairs. He "concluded Avith declaring his readiness c™^° to comply Avith any request, or to acquiesce in any propo- 1733- sal for the advantage and benefit of the inhabitants of the island. This speech made a poAverful impression on the public mind. The people of Barbadoes, ever credulous, and ea sily deceived by those Avho find it convenient to flatter their vanity, or sooth their expectations with specious professions, listened with admiration and complacency to his lordshipV patriotic sentiments and polite expressions of regard. That they might not, by any unreasonable parsimony, ob struct the tide of prosperity Avhich now seemed ready to flow into their bosoms, the assembly generously settled the sum of four thousand pounds sterling annually on his lord ship, to support the dignity of his government : no trifling sum, if we take into consideration the circumstances of the country at that period, Avhen sugar sold for only ten or tAvelve shillings sterling the hundred weight. Nor had the Barbadians the smallest cause to regret their liberality on this occasion. Lord HoAve was generous to profusion, and by his munificence replenished the streams which supported the vigour of his establishment. Through the whole of his administration, he invariably acted upon the purest prin<- ciples of moral and political rectitude : a conduct, Avhich rendered his government as honourable to himself as it was happy to the people over whom he presided. The general satisfaction Avhich this amiable nobleman's ; n n 274 THE HISTORY accession had diffused throughout the community, soon ex perienced a temporary interruption by the revival of the disputes concerning the payment of the large balance due to the late governor Worsley. That gentleman, on his re turn to England, had not been forgetful of the injustice with Avhich he had been treated in Barbadoes. He pre sented a memorial to the King, stating the particulars of his demand, with the grounds on Avhich the payment of his salary had been refused ; and praying that his Majesty would be pleased to direct such measures to be pursued for his relief as the nature of the case might require and admit. This request Avas so reasonable, that the King, in council, on the tAventy-second day of September, one thou sand seven hundred and thirty-two, issued an order, di recting the colonial attorney-general, in case the taxes Avere not paid by the first day of July in the following year, to take the most effectual measures, by due course of laAv, for the recovery of the arrears from the persons liable to pay them. Though Blenman gave notice of this order, and of his determination to obey the commands of his Sovereign, the populace were still influenced by the conduct of persons of superior rank and superior means of information, who yet pertinaciously refused to pay their taxes, expecting that their personal influence would induce the governor to inter fere and protect them in violating the law. But Lord Howe was too noble minded to aim at short-lived popula- OF BARBADOES. 275 rity, or to endeavour to strengthen his interest by obstruct- chap. ix. ing the course, of justice. Nor Avas Blenman of a temper 17:i3- to be intimidated by the froAvn of despotism, or seduced from his duty by the smile of poAver. He Avas heedless of pleasing the gilded knavre, and still less inclined to oppress the poor. Determined to strike at the root of the evil, he, on the appointed day, commenced suits in the court of ex chequer againt President Dotin, Othniel Haggatt, member of council, General Peers, speaker of the assembly, Tho mas Maycock, chief justice of a court of common pleas, John Maycock, member of the assembly, and Robert Warren, clerk of that house, for the recovery of the sums respectively due from them. At the same time Mr. Hother- sal, the late treasurer, being about to leave the island, without giving the necessary inforhiation respecting the names of the defaulters, and the amount of their arrears, Avas detained by a Avrit of ne exeat insula ; and compelled to enter into bonds not to leave the island Avithout his ex cellency's permission. Such spirited proceedings, so judiciously directed, pro duced the desired effect. Pinding that neither rank nor fortune afforded any security in cases of public delin quency, the commonalty voluntarily came forward and paid their arrears. Thus, in the short space of five Aveeks, the hydra was subdued, and upwards of seventeen thou sand pounds were collected, and paid to Mr. Worsley's agents. n n 2 276 THE HISTORY Soon after Lord Howe's arrival, a curious and interesting question arose between his lordship and the president. During Mr. Dotin's administration, though several months after his excellency had received his appointment, a sloop and catgo, valued at eleven hundred pounds, were seized by the officers of the customs at Bridge Town, and con demned in the court of vice-admiralty. The laAv, in such cases, expressly directs that all forfeitures incurred by the violation of the acts of trade shall be to his Majesty, the governor of the plantation Avhere the offence is committed, and the officer by whom it is prosecuted. But, as his Ma jesty had been pleased to order that one half the salary, perquisites and emoluments, Avhich the governor Avas enti tled to receive, should be paid to the person exercising the supreme authority during the governor's absence, his lord ship claimed only one moiety of the third to which he thought himself entitled. Mr. Dotin not being disposed to admit the propriety of this demand, an action Avas filed against him at the governor's suit for the recovery of the money. The case was perfectly new, and the court, after a hearing of the matter, upon a motion made for that pur pose, agreed to a reference to the attorney and solicitor- general of Great Britain ; by whose concurrent opinion the question was finally decided in favour of the claimant *. * The opinion of Mr. Attorney General Willis was thus expressed : " Notwith standing the eldest counsellor is directed to take upon him the administration of go- OF BARBADOES. 277 This determination gave rise to a second demand on the chap. ix. part of Lord Howe. On the president's accession the as- "S3. sembly had voted him a donative of five hundred pounds, for the purpose of defraying the expenses incident to his residence at Pilgrim. His excellency insisted that this was an emolument of office within the meaning of the instruc tion already alluded to ; but Mr. Dotin was as little in clined to yield to this neAV demand as to the former. The question therefore was referred to Mr. Blenman, the colo nial attorney-general, Avho pronounced that, Avhatever might have been the motives by which the assembly were actuated in the provision made for the president, as it was granted after the date of his lordship's commission, he had, by virtue of the instruction, an indisputable right to one moiety of the sum, as a perquisite of office. Lord HoAve was eminently endoAved with all the virtues of a noble and generous mind : courteous, affable, hospit- rernment daring the absence of the governor, yet the governor himself, though ab sent, is to be considered as governor within the meaning of the acts of parliament, and is the person entitled to one-third of the forfeitures. But as the governor is bound by his instructions, as well as. by his commission, his acceptance of the go vernment under them, amounts to an agreement on his part, that the eldest counsel lor, in his absence, shall have one moiety of his salary, and of all the perquisites belonging to his office. I am therefore of opinion, that one-third of the forfeiture in question is, by law, vested in Lord Howe, as the same accrued after the date of bis commission ; yet that, by reason of his instructions, he can claim only one moiety thereof, as it happened teforehis arrival in Barbadoes."— Vide Mr. Everslefs Manu script, mentioned in ike Preface. 278 THE HISTORY chap. ix. able, and condescending, he engaged the esteem of all 1733. with Avhom he comrersed. Temperate but firm, candid and impartial, he acquired a greater degree of popularity than has ever been enjoyed by any other governor of Bar badoes. By a familiar and unreserved intercourse Avith the people, he Avas enabled to calm the animosities of party, and contributed to unite the warmest political opponents in social amusements and fesfrve entertainments. All an gry contention Avas silenced by his firmness and impartia lity; and concord once more resumed her pacific reign. In effecting this happy change, his lordship's endeavours were greatly facilitated, according to a judicious histo rian *, by the circulating of a weekly paper, published by one Keimer, under the title of the Barbadoes' Gazette -j~. Some of the most enlightened members of the community availed themselves of the advantage of a free press, and devoted their pens to the instruction of their countrymen. By the publication of many spirited and ingenious letters and essays on political and commercial subjects, the mis chievous designs, sinister vieAvs and corrupt motives of those incendiaries, Avho, under the specious garb of patriotism, had plundered the public and disturbed the peace of soci ety, Avere developed, scrutinized and frustrated. Believed from the illusion which had long imposed on their senses, the Barbadians now began to see and understand their true Vide Univ. Hist. vol. 41, p. 176. + Keimer's press was established in 1731. OF BARBADOES. 279 interests. Nor let it be thought that the cause was dispro- chap. ix. portioned to the effect. There is no stronger principle in 173J- human nature than the fear of shame. The freedom of the press derives its utility from its influence over this powerful spring of action ; and furnishes the only weapon which can be safely and effectually employed against folly and cor ruption acting AArith authority. The man in office who fears not to offend against the laws of his country and his God, when he can do so with the prospect of legal impunity, is often restrained from the commission of injustice and oppression by the dread of having his crimes revealed, and of being held up to the scorn and execration of mankind by means of an open press. Hence the arbitrary ruler, the corrupt magistrate and the profligate legislator, of all countries, have ever been inimical to the liberty of the press, and anxious to deprive the subject of the privilege of canvassing the measures of government, and scrutiniz ing the conduct of those avIio are placed in authority over us. Happily, by the principles of the British constitution, the people are themselves the guardians of this inestimable privilege ; and it is hoped that, in the hands of a jury of Barbadians, it .will never be impaired, nor surrendered fo the rude gripe of despotism. The inhabitants of Barbadoes had not long enjoyed this advantage, when an attempt was made to restrain the exer cise of it. Mr. Adams, one of the council,, had published some remarks on the sugar trade of the colonies, which g80 THE HISTORY chap. K. produced an answer, in Avhich the honourable author's lite- 173a. rary talents were treated with less ceremony and respect than some of his friends thought due to his rank. At the instigation of some persons, smarting under the censorial rod, the grand jury presented Keimir for publishing a ma licious, scandalous and seditious paper, and particularly for printing a false and defamatory libel on Mr. Adams. When the presentment Avas brought before the court, the attorney-general declared that there Avas nothing in the publication complained of which could possibly warrant a criminal prosecution ; but the printer Avas nevertheless bound to keep the peace for six months. The system of peculation and extortion on which the lawyers and deputy patentee officers had long subsisted, had at length become so injurious and oppressive to the bulk of the people, that it Avas found necessary to restrain them within more moderate bounds. With this vieAv, a committee of the assembly Avas appointed to prepare a bill for regulating the fees of public offices and courts of jus tice. But Warren, their clerk, Avho was himself a deputy patentee, contrived to impede their progress, under a pre tence that it was a matter of too much importance to be hurried over lightly. At length the commendable diligence of the committee surmounted all the obstacles throAvn in their way. The bill passed both branches of the legisla ture without a dissenting voice, and finally received the go vernor's assent. But as the royal approbation was also OF BARBADOES. 281 necessary, Warren, assisted by Mac Mahon, resolved on CHAP- jx. trying another effort to prevent its success. Carefully con- 1733* cealing their design, they prepared a petition, accompa nied by several affidavits, to prove that the interests of the patentees Avould be materially affected by the operation of this laAv. Warren, after stating his long practice as a lawyer, and perfect knoAvledge of the subject, deposed that the prothonotary alone, in the event of the acts receiving the royal sanction,- Avould lose from three to four hundred pounds annually *. These depositions were concealed from Lord HoAve till the evening before the packet sailed, when they were presented to his lordship to be authenticated un der the great seal of the island. It was then too late to take steps to counteract the effect of this artful, uncandid representation ; which, being supported by the patentees on the other side of the Atlantic, succeeded to their utmost expectation. This Avas the last legislative attempt to cor rect these abuses. An event now occurred, which, by removing that turbu- i"*. lent incendiary Mac Mahon from the country, contributed more, perhaps, than any other circumstance, toAvards pre serving its tranquillity. Keeling, a deputy in the powder i office, having furnished his employers son-in-law with * The prothonotary's office was farmed at three hundred and fifty pounds a year. Consequently, if Warren swore true, the patentee would have lost the whole emolu ments of his office ; which was impossible, unless the payment of all fees had beerr - forbidden. O O 282 THE HISTORY chap, ix, money, contrary to his positive orders, alleged, by way of ll34/' excuse, that he had been persuaded to do so by Mac Mahon. This was communicated to Mac Mahon, Avho meeting Keeling afterwards at a tavern beat him violently, and thrust him out of the house. Keeling, the same even ing, wrote to him, desiring to be paid for some shingles Avhich he, had sold him, and requested an interview for the purpose of passing receipts. Mac Mahon readily con strued this note into a challenge ; and SAVore most vehe mently that he would go and beat the rascal. Accordingly, accompanied by Perry, Lawrance and Morris, Avho lent him a sword, he proceeded to Keeling's lodgings, whom they found at the door preparing to go out, his horse being in the street ready saddled. Perry, without hesitation, secured the pistols which were in the holsters, and Keel ing, finding that some violence Avas intended, dreAV his sword, but made no attempt to use it until Mac Mahon drew, when they both advanced and engaged. Keeling » was soon disarmed, it was said by Morris, and retreating calledi out he had lost his sword ; but finding himself hard pressed by his, dishonourable adversary, he ran into a neighbouring store, and endeavoured to conceal himself under the stairs. The infuriate Mac Mahon, having, ob tained a light, renewed the attack ; and Keeling, incapa ble of resistance, cried out murder; and, in the most sup plicating terms, begged for, mercy. Perry and Lawrance, holding his weapons, were calm spectators of the bloody. OF BARBADOES. 283 scene ; while Morris guarded the door to prevent the inter- chap. ix. ¦ference of the crowd Avhich had gathered in the street, till 173i- Mac Mahon, having perpetrated his savage design, with- drew. The hapless victim of his cruelty was then taken up and placed in a chair, whence he immediately fell, ex claiming, " the villain has murdered me as I lay on the ground," and instantly expired. Miller, a surgeon's ap prentice, who had been a witness of the whole transaction, was clandestinely conveyed from the island ; but as, upon enquiry, there still appeared to be sufficient evidence to convict the inhuman monster, he thought proper to consult his safety by a precipitate flight beyond sea. Perry, Mor ris, and LaAvrance, were afterwards successively appre hended, and tried for the murder as accessaries, but they were all acquitted. The time seemed now to have arrived when the Barba dians were to enjoy the benefits of the long expected relief promised them on the arrival of Lord Howe. Upon an address to his Majesty from the House of Peers, the com plaints of the colonies were referred to the consideration of the lords commissioners for trade and plantations; and their lordships, in obedience to his Majesty's order, made an ample report concerning the com merce, strength, and fortifications of the West-Indian set tlements; suggesting the steps which were proper to be taken for the encouragement of the trade and the security of the islands in general. o o 2 284 THE HISTORY s In consequence of this representation, the importation of foreign rum, sugar and molasses, into Ireland, was prohi bited by act of parliament, and the same commodities, on being imported into any of the American provinces, were made subject to heavy duties. The exportation of sugar from the English colonies directly to foreign parts was per mitted in ships built and navigated according to law'; but this indulgence Avas clogged Avith such difficulties and re strictions, that the West Indians received no advantage from it. These marks of favour on the part of Great Britain were accompanied by a donative of cannon and ordnance stores. And, on the representation of Mr. Dunbar, the inspector-general, the original method of collecting the duty on sugar ivas revived, with an ample alloAvance for tare and tret. The people Avere impressed Avith the most lively sentiments of gratitude for these favours ; and the 1735. grand jury transmitted to England a most dutiful and loyal address to the King, replete Avith the warmest acknowledg ments of his paternal goodness. The joy to which these concessions gave rise was soon damped by the death of Lord Howe : an event Avhich oc casioned a general consternation, and a mourning as sin cere as it was universal. His lordship had been attacked by a fever, supposed to have been produced by excessive fatigue in revieAving the different regiments of militia. Prom the moment he was taken ill he entertained a presentiment of the fatal termination of the disease ; and seemed per- 6 OF BARBADOES. 285 fectly resigned to his fate. When he was dying, he inquired chap, ix., if there were any gentlemen in the house, and, being an- 1735, swered in the affirmatiAre, he desired one of his attendants to go down and remember him to them most affectionately; and to tell them that he heartily Avished them all well, as he did the inhabitants in general; adding, " they might have a governor more capable of serving them, and he sin cerely hoped they would, but that none could endeavour for it more zealously than he had done."* His lordship died on the twenty-seventh day of March, leaving issue by his amiable consort four daughters, who were with their dis- consolate mother in Barbadoes, and three sons, then in England, Avhose gallant exploits will be remembered with admiration as long as bravery and patriotism continue to be esteemed virtues among mankind. His lordship's re mains were interred in General Codrington's A^ult, whence they were afterwards removed to England -f. All our colonial historians concur in representing Lord Howe's administration as the happiest era in the history of Barbadoes. Yet, in reviewing the transactions of this pe riod, we are unable to discoA7er any particular acts of his lordship's government which could justly entitle him to the extraordinary celebrity Avhich he attained. We must there fore ascribe the popularity, which he most deservedly ac- — — — — ! : r-T-: -I .,.*.' J-;.. " - * Caribbeanna, vol. 2. p. 62 and 110. f Ibid, vol, 2. p. 54. 286 THE HISTORY chap. ix. quired, and the esteem attached to his memory, to the 1735- amiable domestic virtues which he practised ; to his un bounded generosity ; his exalted charity, and the engaging suavity of manners, by which he conciliated the esteem of all Avho knew him. Though the profound policy and noble institutions of statesmen, the brilliant actions and hazard ous achievements, of conquerors, may dazzle us Avith their splendour ; it is the milder virtues of humanity Avhich cheer and delight us Avith their pure and steady ray. Affability, courtesy and condescension, will gain the tough, impracti cable heart, which disdains the pride and pomp of imagin* ary greatness, and spurns the insolence of him Avhose power and superiority are manifested only by arrogance, injustice and oppression. It has been objected to this no bleman's administration, that, an even, steady hand. Tavo French prisoners having been convicted of wilful murder, Avere respited by the president and successfully recommended to the clemency of the crown. This was but the prelude to a more disgraceful and flagrant violation of the laws of society. The melancholy event which* had deprived the country of the services of its late faithful and inflexible chief magistrate, by opening a prospect of impunity to offenders of a certain description, Avas considered as a signal- for the return of Mac Mahon. His arrival at Barbadoes was more like the triumphal en try of a victorious general returning from extending the dominion of his sovereign than the return of an unconvicted felon,. aAvaiting the punishment due to his crimes. Instead of being conveyed to prison by the constables of Bridge 1 288 THE HISTORY chap. ix. ToAvn,;he was conducted from the wharf by a party of his 1735. friends, in the elegant chariot, of General Peers to tbe house of the provost marshal. Here he remained under a nomi-. nal confinement until he Avas bailed by four gentlemen of the first rank and fortune in the country. The whole of the subsequent proceedings was of a piece with this illegal and indecorous beginning. On the eleventh day of December he Avas brought to the bar of the court of grand sessions and arraigned for the murder of Thomas Keeling. One of the most material Avitnesses being dead, his Avritten deposition taken in due form before a justice of the peace, was produced by the attorney-general, who sup ported the prosecution with great firmness and ability ; but the prisoner's counsel objecting to the reading of this evi dence, the court, contrary to every principle of justice, re jected it. The prisoner rested his defence principally on the testimony of Perry, who had been indicted for the same offence and acquitted. His evidence tended to prove that the deceased had received the fatal wound Avhile fighting with Mac Mahon ; and not while he Avas under the stair case. Perry's testimony, at best, was entitled to little cre dibility; and though his assertion Avas contradicted by se veral unexceptionable witnesses, particularly by four sur geons who examined the Avounds, which were all on the left side, and could not therefore have been received Avhile Keeling Avas in a posture of defence, the jury, nevertheless, returned a verdict of manslaughter. Mac Mahon imme- OF BARBADOES. 289 diately claimed the benefit of clergy and petitioned the chap. ix. president for a pardon; which was granted Avithout the 1735- smallest hesitation, extending as well to the remission of the punishment of branding as to the forfeiture of goods and chattels. Every art had been practised to influence the minds of the court and jury; and to prepare the public for this misplaced act of clemency. The usual assize ser mon and the chief justices' charge on opening the sessions were both calculated to impress the audience with an idea of the excellence of that celestial attribute, mercy.* But mercy to such atrocious offenders is injustice to the com munity. To Mr. Dotin's administration has been ascribed the credit of correcting and establishing the fees of the public offices -f; an act Avhich would have consecrated his me mory. But it is a degree of merit to \vhich, unfortunately, he Avas not entitled. The laws which were passed during his presidency are in no respect more remarkable than for a spirit of restraint, which, with a view of guarding against the dangers of monopoly, tends to repress the freedom of commerce. A permanent and arbitrary valuation was set on every species of butcher's meat; the exportation of cattle and other live stock, together with all kinds of grain and provisions of native produce was prohibited ; and, lest the f Caribbeanna, vol. ii. p. 103. t Univ. Hist, vol. xli. p. 177. 2g0 THE HISTORY chap. ix. soil should be removed, an act was passed to prevent the m5, exportation of clay.* In the same spirit another law was enacted, under the specious pretext of preventing and punishing forestalling and regrating. A maximum Avas established for various articles of salted provisions, and grain of every denomination; beyond which no person was allowed to purchase those articles even from the original importer, for the purpose of revendition or exportation. The impolicy and injustice of the statutes against fore- stallers and monopolizers are so palpable, that they are suf fered by a kind of common consent to slumber in obscurity. This is not enough, they should be repealed. The exporta tion of articles of the first necessity, during a general scar city in our own country, is a practice' which prudence and humanity must condemn. And, although I am not in the habit of placing much confidence in governors, it were * " These laws/' said the ingenious Mr. Joshua Steele, '' are unwittingly levelled against the two rural branches of agrlcurru're and pasturage. Could itliave been ex pected that planters Avould have employed their labour and land otherways than under the allurement of, a lucrative return in the sale of their produce ? And unless the planter could have had the liberty of exporting his horses, or asses, his oxen and live stocls, with his corn and^ther provisions, to whatever market would have afforded him the best price, it would have happened; artd'k Hds happened, that he would desist from raising any more horses, asses, cattle, corn, or other provisions than would barely serve for his own plantation use; and, of some of them, he would, perhaps, raise none at all ; but would convert his land and laboijr to the cultivation of canes, or of some other spe cies, not under the frowns of those impolitic statutes." Thus a real scarcity of those articles has'been produced by' the means which were1 expected to occasion plenty, 1 OF BARBADOES. 2.91 better, perhaps, to lodge a discretionary jpower in the c^^,^* hands of the commander in chief, to interpose his authority occasionally, than to cramp the genius of commerce by any permanent legal restrictions. By leaving the exporter to pursue the bent of his own inclinations, or the dictates of his judgment, our imports will undoubtedly be increased, and a scarcity more effectually guarded against than by arbitrary prohibitions.* For though it may sometimes hap pen that the neighbouring colonies may drain this country of many articles required for internal consumption, upon a general vieAv, Ave may safely conclude that the liberty of re sorting to another market, Avhen our own ceases to have the preference, will operate as a strong incentive to the enter prising trader to import more abundantly than he Avould otherwise have done. The advantage of this double species of traffic is evident. The merchant will profit by enlarging his concerns ; the planter too Avill benefit by the augmentation of our imports, some of Avhich in passing through the market Avill, in case of demand, circulate for the consumer's con venience; the number of our shipping Avill be increased; the demand for produce will be affected in a relative de gree; and, finally the general Avelfare will be promoted by * " It is generally true," said a great master of political knowledge, " that com merce flourishes most when left to itself. Interest, the great guide of commerce, is not a blind one. It is very able to find its own way ; and its necessities are its best laws." Vide Burke's Speech on Economical Reform. p p 2 292 THE HISTORY chap. ix. the circulation of that wealth which will be thus drawn from 1735. foreign sources. In a country circumscribed within such narrow limits, and crowded with such an immense population as Barba does, the soil is incapable of furnishing the means of sub sistence for the numerous sons and daughters of industry by Avhom it is inhabited. Under these circumstances, com merce enlarges the sphere of human activity; extends, as it were, the boundaries of nature, and overleaping the insular barriers which separate us from the other parts of the globe, furnishes employment and support to the industrious and enterprising. Instead, therefore, of repressing the beneficial spirit of commercial speculation, a wise and prudent legislator should encourage those laudable exer tions, Avhich, in the pursuit of private interest and per sonal aggrandizement, open neAV sources of national pro sperity. Mr. Dotin had the good fortune to preside as commander in chief longer than any other president before or since his his time. For this advantage he Avas principally indebted 1739. to accident. A Mr. Walter Chetwynd had been appointed to succeed Lord Howe; but his death, Avhich happened soon aftenvards, left the executive poAver in the hands of Mr. Dotin until the fifteenth day of December, Avhen the Ho nourable Robert Byng, elder brother to the unfortunate ad miral of that name, arrived in Barbadoes ; and, by virtue of his Majesty's commission, assumed the government* OF BARBADOES. 293 On the arrival of Governor Byng, faction again reared c^^5* her head. General Peers, having been disappointed in his 1739- hope of succeeding to the chief magistracy, could not help regarding his more successful competitor Avith an envious eye. The house of assembly, as has been already hinted, Avere entirely under the influence of their turbu lent and ambitious speaker; Avho had accordingly no diffi culty, in persuading the members of that body to limit the settlement of his excellency to only one half the sum allowed his predecessor. Mr. Byng could not conceal his chagrin i7*fa at a salary so inadequate to his expectations, and to the dignity of his station. He remarked to the assembly, that the country was now in a more prosperous situation than at the time of Lord HoAve's arrival ; that he was conscious of bringing with him as good intentions as any former governor had ever done ; and, if he Avas treated Avith less considera tion than his immediate predecessor, he should think it Avas an ignominious distinction, which he could not cheerfully endure. The assembly, hoAvever, Avere inflexible ; they could not be prevailed upon to depart from their first determination, though they at last consented to vote his excellency a present of twenty-five hundred pounds, to repair the loss of his furniture and equipage, Avhich had been captured by the Spaniards. NotAvithstanding the just cause of dissatisfaction and complaint, Avhich the parsimony of the assembly had given Mr. Byng, he applied himself Avith diligence and fidelity 6 294 THE HISTORY <^^J* to the performance of his duty as a watchful, conscientious guardian of the public weal. Nor did he suffer his private resentment to influence his public conduct, except in a single instance relating to Mr. Peers. This gentleman, be-? sides being speaker of the assembly, held a high military rank in the country ; he Avas lieutenant-general of the mili tia, colonel of the royal regiment of foot, master-general of the ordnance, president of the council of Avar, and a justice of the peace*. From his known influence over the assem- , bly, Peers Avas justly considered the leader of the opposition against the governor ; his excellency, therefore, marked him out as the proper object of vengeance, and dismissed him from all his military employments. July 8. This harsh exercise of prerogative, gave great offence to the friends of Mr. Peers. The assembly, warmly espousing their speaker's quarrel, entered into tAvo resolutions at their next meeting : First, that the displacing of any able, ex perienced, military officer, Avithout sufficient reason, di rectly tends to render the militia unserviceable, and to * The enumeration of the different offices and employments, enjoyed by Mr. Peers. •calls to our recollection the remark of the celebrated Earl of Guildford, on John Hely Hutchinson, who, being at one and the same time, a privy counsellor, reversionary secretary of state, major of the 4th regiment of horse, provost of Trinity College, Dub lin, and searcher, packer, and guager, of the Port of Strangford, his lordship said, " If England and Ireland were given to this man, he would solicit the Isle of Man for a potatoe garden." OF BARBADOES. 2g5 cause the resignation of other officers. Secondly, that the CHAP. ix. Honourable Henry Peers had faithfully and diligently dis- 17*o- charged his military offices, for which he deserved thanks, as well of the house as of every inhabitant of the island. The house also agreed to an address to his excellency, in which they reproached him Avith interrupting the har- mon}r which Avas subsisting at the time of his arrival ; and complained that their liberality tOAvards him, manifested by a voluntary settlement for his support, followed by a large gratuity, had failed in his mind to produce those sentiments of gratitude, which would have rendered his government agreeable. After several insinuations respect ing his excellency's unfriendly disposition towards the peo ple, contrasting his conduct with that of their late good and candid governor, they concluded with these words, " When the officers of the militia are persons who deserve the love and esteem of their country, the defects in the establish ment of that useful body of men, are seldom attended with any great inconveniences. But the late use your excel lency has made of your authority, shews how highly im prudent it would be in us to trust a greater poAver in your hands. You have thought fit to displace the ablest and most experienced officer of which Ave can boast ; to dismiss him at so critical a juncture, is a circumstance that little manifests your concern for our Avelfare. The condition to which you have reduced the royal regiment by this step, cannot be retrieved under a considerable term ; nor will ggfi THE HISTORY chap. ix. pr0per officers easily be obtained, if an implicit concur- 1740. pence, in all your measures, should become the only tenure of their commissions." This address was presented by Mr. Waterman and Mr. Gibbes : and though his excellency had every reason to suspect that the contents Avere not of the most pleasing kind, he received it with great complacency, put it into his pocket unopened, and, Avithout making any reply, treated the two gentlemen Avith the utmost politeness and conde scension. And Mr. Gibbes, \vho Avas one of the governor's warmest political opponents, Avas the very next day ap pointed chief judge of a court of common pleas. This was a noble instance of generosity and moderation. Were it admitted that his excellency's treatment of Mr. Peers was arbitrary and unjustifiable, it should be remembered, that no rank nor station has ever been found to exempt men from the passions and infirmities common to human nature. We may lament, that the political opinions of persons in high responsible situations, or the imperious calls of public duty, should render them obnoxious to the displeasure of the su preme authority, yet it should never be forgotten, that governors and the rulers of nations are not less susceptible of anger and resentment than those whom they govern. How unreasonable is it then to expect that forbearance in them, which we find ourselves unable to practise in the most ordinary concerns of life ? Mr. Peers survived his fall from power but a short time. OF BARBADOES. 297 He died on the fourth day of September, not quite two c™^*- months after his dismissal. This gentleman's character has mo- been transmitted to posterity in very opposite colours, by different writers. By one it is said, that his ambition had plunged him early into factious designs, in the pursuit of which he acquired a peculiar dexterity in the management of a part}r. His passions Avere violent and ungovernable, in friendship Avarm, in resentment implacable ; he Avas the enemy of every man Avho opposed his measures*. On the other hand, he is represented as a man of integrity, lenient in his disposition, perfectly disinterested in his views, inde fatigable in his endeavours to serve his friends, and dis daining to exert his poAver to the injury of those from whom he differed in politics -f-. We presume not to reconcile opinions so contradictory. The death of a man, whose turbulent disposition, and ambitious, intriguing spirit, had frequently disturbed the repose of the country, contributed in no small degree to the restoration of peace and harmony. And the Barbadians Avere just beginning to enjoy the benefits of Mr. Byng's pru dence and zeal for the public service, AA'hen he was unfor tunately seized by a malignant feAer, which, in a few days, put a period to his existence. Mr. Byng's short administra- October 8. tion was characterised by his firmness as a man, and his * Short Hist, of Barb. p. 69. t Mem. of Barb. Appen. p. *..¦ Q q 29B THE HISTORY chap. ix. integrity and activity as a magistrate ; by an umvearied 174°* application to the duties of his office, a strict attention to the organization of the militia, and the repair of the for tifications. And, to their honour be it added, the assem bly, notwithstanding their disputes Avith the governor, cheer fully and liberally contributed to his patriotic designs, wisely considering that no party contention ought to divert them from providing the means of defending their country against the common enemy. On the demise of Mr. Byng, the executive authority once more devolved on the Honourable James Dotin. Two days after this event, the assembly met ; and, con sidering the mischiefs and inconveniences which had re sulted from their liberality to their governors, unanimously resohTed, on the motion of Judge Bruce, to make no settle ment whatever upon any succeeding commander in chief. This was certainly a most extraordinary determination, evi dently calculated to produce effects the most opposite to those which were expected from it. Nothing could be more preposterous than to suppose that any gentleman would forego the pleasures and enjoyments of his native country, and encounter the inconveniences and perils of a voyage across the Atlantic, to become the governor of a West Indian province, in a climate unfavourable to European constitutions, without a prospect of deriving some more solid advantages from the appointment than the honour of the station, or the trifling salary allowed by the croAvn. 1 OF BARBADOES. 299 Effectually to obviate all possibility of future altercation chap. ix. between themselves and their governor, on this point, the m0- assembly would have acted with much more prudence and foresight, had they at once established a permanent revenue, sufficient, Avithout any ulterior augmentation, to support the dignity of the chief magistracy. Had this been done, every candidate for the government would know before he left England, the full extent of his reward. No disappoint ment could blast his hopes, nor sour his temper; and a fruit ful source of strife and discontent, equally disgraceful and injurious, Avould have been removed. Instead of resolving to allow no salary to the representative of the crown, a just regard to the honour and interest of their constituents should have induced the assembly to proportion the settlement to the full extent of the public ability. A liberal provision Would reflect lustre on the character of the government, and render it worthy the acceptance of gentlemen, Avhose valua ble qualities and respectable connexions might enable them to be useful ; while, on the other hand, a mean, scanty alloAvance can be acceptable only to needy adventurers without talents or principle. It is a favourite maxim Avith some colonial politicians, that the governor's reward should be proportioned to his merit. But this, however specious, is improper and im practicable. The settlement on the governor must, in con formity to the royal instructions, be made at the first meet ing of the assembly after his arrival, when a disappomtment q q 2 300 THE HISTORY chap. ix. often occasions disagreeable dissensions. Nor, can it be 37 !0- said that any subsequent encrease of salary has ever been, productiA'e of benefit to the country. On the contrary, it has sometimes happened, that the measures of the court have assumed a very different aspect as soon as his excel lency found that he had nothing farther to expect from the generosity of the people. Besides, this doctrine betrays too much of that democratic spirit, Avhich has been long labour ing to transfer to the popular branch of the government th& sole legislative and executive authority of the state. It be trays a wish to acquire and exercise an undue influence over the executive poAver : a Avish in Avhich no true patriot should ever concur. The perfection of our constitution consists in the exact equilibrium of the three branches of the legislature and the harmonious union of all its parts. Whenever this balance is destroyed, Avhether it be by the preponderance of the monarchic, aristocratic, or democratic part of the constitution, there is equally an end of civil or political liberty. 1741, The next year the assembly confirmed their resolution concerning the governor's salary ; and, on the motion of Mr. Tobias Frere, unanimously entered into several other resolutions, for supporting the privileges of the people, with out infringing, as they professed, the prerogative of the crown ; and for regulating the proceedings of the assembly, according to the usage of the house of commons. They insisted that the representatives of the people possessed the OP BARBADOES. S01 sole, inherent, right of imposing taxes, and appropriating chap. ix. the public money to the uses for Avhich it Avas raised ; and 1?41- resolved to exclude the council from all but a negative par ticipation in the business of raising supplies. Had they stopped here, all would have been well. But in their ex cessive zeal for the maintenance of their OAvn privileges, they resolved, in direct opposition to the royal instructions, to provide for the payment of no account Avhich had not been previously examined, and approved by the house. Thus they industriously soAved the seeds of discord, between themselves and the other branches of the legislature ; and revived a cause of litigation, which had been already peremptorily decided against them. 302 THE HISTORY CHAP. X. ADMINISTRATION OF SIR THOMAS ROBINSON DISPUTES BE TWEEN THE GOVERNOR AND THE ASSEMBLY COMMODORE KNOWLES — AN INQUIRY INTO THE STATE OF CHARLES FORT — SIR THOMAS IS SUPERSEDED BY MR. GRENVILLE — THE -GOVERNMENT DEVOLVES ON MR. WEEKES — SUCCEEDED BY DOCTOR PINFOLD — 'LOYAL AltfD SPIRITED CONDUCT OF THE BARBADIANS — MR. ADAMS EXPELLED THE ASSEMBLY— tHM ^GOVERNOR'S RESIGNATION. 1 HE progress of the work now brings us to the adminis tration of Sir Thomas Robinson, a period which is repre sented to have been of some importance in our colonial his tory. Yet, from the scantiness of the few annals Avhich I have been able to collect, I am apprehensive that my rela tion of it must be extremely defective. Every deficiency of this sort might have been supplied, could I have obtained access to the journals of the assembly; but this advantage, as I have elseAvhere observed, was refused, with more sthan Spanish jealousy. Sir Thomas Robinson arrived on the eighth day of Au gust, and, after going through the usual forms and cere- OF BARBADOES. 303 monies of attending divine service, and taking the state chap. x. oaths, received the reins of government from the president. m2" The assembly at first seemed firm in their resolution of giving the governor no salary ; their constancy, however, soon yielded to the impulse of justice and generosity ; and after some opposition, the house agreed to settle on his excellency, the sum of six and twenty hundred pounds a Sept. 2s. year, during his possession of the government. A few months afterwards, an addition of four hundred pounds per annum was made to the salary, by a majority of two voices only. Though one cause of contention was thus removed, at some expense of consistency, others were perpetually springing up. It is probable, that Sir Thomas Robinson, in many instances, acted without a due regard to the con stitutional privileges of the people, and failed in treating the popular branch of the legislature with that respectful attention to which it was entitled. Either for his personal convenience, or to gratify his taste in architecture, he pre- cipitately pulled down one of the best and largest apart ments at Pilgrim, and made several expensive alterations and repairs without consulting the assembly. They very properly objected to this mode of proceeding, and refused to provide for the payment of a debt which had been so ir regularly incurred, without their consent ; but, on his ex cellency's making a suitable apology, the affair was com promised. 304 THE HISTORY GHAP.X. The ill humour of the assembly had scarcely subsided, J744. before his excellency A^ery incautiously furnished them Avith a fresh subject of discontent. There happened to be, at that time, no convenient armory in the island. The utility of such a building Avas unquestionable ; the governor, therefore, determined, of his own authority, to erect one, Avith a small magazine adjoining, in which a sufficient num ber of small arms, and a due proportion of ammunition, might be carefully deposited for the use of the militia, in case of their being called into actual service. When the work Avas completed, his excellency laid the accounts, ac companied by the proper vouchers, before the assembly, requiring them to raise the necessary supplies to enable bim to liquidate the debt which he had contracted. The. as sembly acknoAvledged the utility of . the undertaking; but peremptorily refused to comply with his excellency's de mand ; alleging, that he had acted unconstitutionally, and in open violation of the rights of the people. As the dele gated guardians of the public purse, they insisted that they ought to have been consulted on an undertaking, the ex pense of Avhich Avas to be paid by their constituents ; that, as his excellency had presumed to erect the armory Avith out deigning to advise Avith the representatives of the people, they could not vote for his reimbursement without committing a breach of the sacred trust reposed in them, and establishing a precedent not less dangerous to the in-, 4 OF BARBADOES. terests and privileges of the people than injurious to the ho nour and independence of their own body*. This reasoning was invincible. But as legislative assem blies are not bound, like courts of justice, to strict observ ance of former decisions, there would have been less im morality in establishing a precedent, which, at the worst, could only have been quoted on any similar occasion, than in violating the laws of justice, which being immutable and eternal, ought never to be transgressed on any plea of policy or expediency. A clandestine attempt was made by the commissioners of 174j the fortifications to secure a part of the money for his ex cellency; they certified, that the lumber and materials used about the armoury had been applied to the use of the for tifications ; and an order was regularly passed at the council-board for the amount. The treasurer, from a previous knowledge of the circumstances, doubted the le gality of both the certificate and the order ; and consulted the attorney-general ; who thought, that though the commis sioners had exceded the bounds of their authority, as the order had passed the council-board in the usual manner, the treasurer was bound to pay it. But the assembly not concurring in this opinion, withheld the supplies, and Sir Thomas was left to sustain the undiminished expense of the »- ¦ -¦ - — - ¦ ¦ ¦ * Short Hist, of fiarb. p. 74. Remarks on the Short Hist. p. 22, First Sett, of . p. 32. 506 THE HISTORY chap. x. building, amounting nearly to two-and-forty hundred 1745. pounds. In the course of the disputes, to which this trans action gave rise, Colonel Gibbons (afterwards Sir William) who had been recently elevated to the speaker's chair, and had been appointed to the command of Speight's division by Sir Thomas himself, thought proper to resign his commis sion, either to render himself independent of the governor's favour, or to anticipate his dismissal. Notwithstanding these domestic feuds, and the animo sity which prevailed against the governor, it is a circum stance much to the honour of the assembly, that the public safety was neither neglected nor sacrificed to an idle oppo sition to the measures of government. Two sloops were fitted out to guard the coasts against the depredations of privateers ; and the sum of seven hundred pounds sterling was voted for the purchase of paterraroes for the use of the forts ; a good intention, miserably perverted. At the same time, a suspicion being entertained that there were some persons in the country base enough to hold a traiterous cor respondence with the French at Martinico, an act was pas sed, empowering the governor to cause any person whom he should have reason to suspect of disaffection, or of corres ponding with the enemy, to be apprehended, by Avarrant from any justice of the peace, and committed to the com mon gaol, till he should be released by an order of council. This was, in fact, an absolute suspension of the habeas cor pus act. A formidable power was thus lodged in his excel- 1 OF BARBADOES. 307 lency's hands, which an arbitrary and vindictive ruler might chap. x. have employed in oppressing his Majesty's subjects ; espe- 1745. cially such, as by thAvarting his measures, might have pro voked his resentment. But Sir Thomas exercised this alarming authority Avith becoming moderation. Three men of low rank only were arrested ; and they Avere discharged in a few days, on giving security, not to engage in any treasonable correspondence during the continuance of the act, which was limited to three months. A circumstance happened at this time, which, though it may be deemed beneath the dignity of history to record, ought not to be omitted in a narrative of domestic occur rences. Mr. Bedford, a merchant of Bridge-town, having a sloop arrived from Essequebo, laden Avith timber, sold the cargo to Commodore Knowles, Avho hired the vessel to carry it to Antigua, after she had been duly, entered at the proper offices. Bedford was sensible that the sloop ought to be entered outwards, before she could be allowed to proceed on her voyage, and accordingly mentioned the matter to the commodore, who most unaccountably forbad it ; giving him a certificate of her having been hired into the King's service, adding, that he would hoist a pendant, and protect the sloop and the owner from all damages. At length, Captain Pare, the chief gunner at Needham's, be ing informed that the sloop was to sail without clearing at the offices,- as the laAv directs, consulted Colonel Charnock, who advised him not to let her go without the usual order r r 2 SOS THE HISTORY from the governor. In the mean time the sloop, accom panied by Commodore Knowles's flag-ship, Avas got under weigh ; and Captain Pare, finding she was out of shot of Needham's, hastened to James Port, and ordered tAvo guns to be successively fired at her. The Woolwich, Avhich was then in a very different direction from the sloop, imme diately fired a shot over the fort, which penetrated a store house in the town. Pare, not to be intimidated from his duty, fired a third shot at the sloop; but finding she had ^ot beyond the range of his cannon, the firing was discon tinued. Commodore Khowles was violently exasperated, and wrote a passionate letter, directed to the governor in council, complaining of the unparalleled insult, as he termed it, on his Majesty's flag; asserting, contrary to the fact, that two of the shot were very near striking the Woolwich, and declaring, that had the ship been struck, he would cer tainly have beaten doAvn the fort ; and concluded with in sisting, that the person, by whose orders the guns were fired, should be exemplarily punished. The matter, by order of the governor and council, was referred to the consideration of the attorney-general, Blen man; who, after an elaborate review of the whole affair, reported, that notwithstanding the cargo had been pur chased by Commodore Knowles, the vessel ought to have cleared as the law directs, and that the captain-gunner had done extremely right in endeavouring to stop her. But he thought that Pare ought to have informed tbe commo- OF BARBADOES. 309 dore of the necessity of the vessel's clearing out before he chap. x. could allow her to pass the fort ; and that then, though he 174,5- might have fired a single shot, to signify that the vessel had not complied Avith the laAv, it would have been prudent to have gone no farther. But as to punishing the officers of the fort, Mr. Blenman averred there Avas no foundation for such a proceeding by any legal course, whatever might be the measure of naval discipline. In remarking on the threat of beating down the fort, the spirited CroAvn law yer congratulated the commodore on the shot from the Woohvich having produced no worse consequences, " since, if it had, he might possibly have found, on his return to Barbadoes, that we are neither without good laws for our protection, nor a suitable spirit to put them in execution." Upon the meeting of the general assembly, Mr. Fair- May 16. child, after some prefatory remarks on the defenceless state of Charles-fort, and the allusion to some disorders Avhich had recently happened in that garrison, moved, that a committee be appointed to inquire into the condition of Charles-fort at the time of the three preceding alarms, the causes of the deficiency of stores, and of the disorders re ported to have happened there ; and that the committee be empowered to send for papers and records, and to examine Avitnesses. The motion being agreed to, a committee was appointed to prosecute the proposed inquiry. The proceeding gave great offence to his excellency, by whom it Avas considered as an infringement on. the- rights of 310 THE HISTORY the executive power. He called the committee before him, and endeavoured torintimidate them from pursuing their de sign. But finding his menaces ineffectual, he consulted the attorney-general, and demanded a categorical ansAver to the following queries — 1. Whether, by the laAvs and consti tution of Barbadoes, the assembly have a poAver of inquir ing into any deficiency of stores, or into any disorders that may happen in either of the forts, Avithout any previous address or application to the governor ? 2. Whether the as sembly have a right to send for persons, papers, and re cords, and to examine witnesses upon oath, or to direct, a justice of the peace to take depositions for their satisfac tion ? Whether the assembly have power to compel Avitnes- ses to appear before them, and to oblige persons to produce papers and records ; and what methods of compulsion may they use for these purposes ? Mr. Blenman's report, in answer to these interrogatories, was in substance as folloAvs : it is the indisputable preroga tive of the commander in chief to inquire into all grieAr- ances of a public nature, and to redress them by the removal of those officers Avhose negligence or incapacity are the causes of the abuses complained of. But, as various cir cumstances may concur to prevent his excellency's coming to the knowledge of many existing evils, it is .equally the privilege of the assembly to inquire into, and represent them to the governor, that they may be corrected, and the offenders punished by his authority. Nor did the honour- OF BARBADOES. SH able gentleman conceive that the present inquiry had any chap. x. tendency to encroach on the prerogative of the Crown. He 1745- thought that a previous address to the governor, on the sub ject, would have been a more regular and useful mode of proceeding; but, as the assembly had preferred another, which appeared to them more effectual, he knew of no law which could restrain them in the exercise of their inhe rent privilege ; nor could they be controlled otherwise than by his excellency's undoubted poAver of dissolving the house. But he earnestly recommended to his excellency to take no step to retard the progress of an inquiry, of so much importance to the community, and which Avas uni versally expected at that perilous juncture. Having already said, that the assembly had an unquestionable right to ex amine into all public grievances, the learned counsellor thought they must have power to send for persons and papers, and to examine witnesses ; but not upon oath*. And, although he would not presume to determine precisely the power of the assembly, or their committee,, in cases of this nature; yet, if they thought it essential to the public interest or safety to ascertain the truth of any particular fact, relating to any affair depending in their house, by de position taken by a justice of the peace, he apprehended it * Mr. Christian, in his notes upon Blacks. Cornm. vol. 1. p. 181, says, " the com mittee (appointed to determine controverted elections) may send for witnesses and ex amine them upon oath.: a power which, the house of commons does not possess-" 312 THE HISTORY would be highly injurious to dispute their right to pursue that method. As the third query concerned the conduct of the assembly and their committee in their proceedings, Mr. Blenman declined giving an explicit answer, as their privi leges were no where expressly defined. Meanwhile the committee, having finished their inqui ries, niade their report to the house ; upon Avhich they pre sented an address to his excellency, insisting upon the re moval of the chief gunner of Charles-fort. The attorney- general Avas again consulted ; and, in a report written with manly sense, candour, prudence, and moderation, he ad* vised a compliance with the Avishes of the assembly, as the only means of restoring harmony to the public councils. But the seeds of discord Avere too deeply sown, and too in dustriously cultivated, not to produce the most deleterious fruits. The governor, encouraged by the indiscreet inter ference of the council, disregarded- the sober admonitions of his sage monitor. There Avas, perhaps, a stronger influ ence yet behind the curtain. Sir Thomas had married Mrs. Salmon, a Avidow lady, Avhose daughter, by her former hus band, was married to Captain Pare, chief gunner of Charles-fort. The dissensions between his excellency and the assembly were encreased by mutual opposition, until the resentment of the house could no longer be restrained within the bounds of moderation. They presented a petition to the throne, containing several allegations against the governor, for an OF BARBADOES. 313 abuse of the prerogative, and a violation of the privileges °3^3' ' of the commons of Barbadoes. His excellency Avas repre^ m6' sented as having, in numberless instances, shewn him self destitute of every talent for government; as haAT- ing abused and disgraced the sacred trust reposed in him ; and rendered himself contemptible in the eyes of all his Majesty's subjects. In consequence of these com^ plaints, Sir Thomas Robinson, on a change of minis- 1747. try, Avas recalled from his government, and the Ho nourable Henry Grenville, brother-in-laAv to Lord Temple, appointed to succeed hiim Sir Thomas, nevertheless, con tinued to exercise the supreme authority, until the arrival of his successor, to Avhom he resigned the administration, and remained some time on the island as a private gen- AvTl1 J"*- tleman. - « , The assembly now seemed sensible of the impropriety of their former determination respecting the governor's salary ? and felt no difficulty in departing from a resolution equally impolitic and unjust. On their first session, after Mr. Gren- ville's arrival, they settled on him the sum of three thou sand pounds a year, with a resolution not to increase that al lowance on any pretence whatsoever*. The mild and pa cific administration of Mr. Grenville affords few occurren ces worthy of attention, except the dispute in which he * One of the first acts of Mr. Grenjvill^'s sfdministration, was to restore Sir William Gibbons to 'his military rank and authority. ¦X'j s s 314 , THE HISTORY chap. x. W5.s involved with M. de Cayl&s, concerning the island of 17*7- Tobago. *£ hat island had always been considered as a dependency . on the government of Barbadoes ; but by the peace of Aix~- la-Chapelle it was stipulated to. be neutral, and to be in common to such of the subjects of England and France as might occasionally resort thither for refreshment. Within two short months after signing the definitive treaty, the French court privately ordered a settlement to be made on the island, under the protection of de Caylus, governor of Maftinico. The design was no sooner knoAvn in Barbadaesy * * than Mr. Greftville dispatened a frigate to Tobago, Avith a proclamation, requiring the French settlers to evacuate the island within thirty days, under peril of military execu tion. De Caylus immediately published an ordinance, in which, after treating Mr. Grenville's- proclamation as a forgery, he claimed the sovereignty* of the islahd for Ms me&t Christian Majesty ; promising' protection and Support to such French subjects as should settle there, and prohibit ing all intercourse with the adjacent English,, Dutch and Danish colonies. To shew that he was in earnest, the French General stationed two stout frigates at Courland- bay, and erected two strong batteries on shore. In the in terim, the Boston frigate having touched at Tobago for wood and water, Capt. Wheeler was not allowed to land, tout was told, that if he should be seen there again he would be expelled by force. OF BARBADOES. 315 A detail of these particulars Avas transmitted by Mr. chap.x. Grenville to England, where they excited a considerable 1747. degree of popular indignation at the perfidy of the French, and the supineness of the English ministry. Lord Albe* marie, the British ambassador at Paris, was, at length, in structed to remonstrate against such a palpable breach of friendship and good faith. The French minister, in reply, accused Mr,'* Grenville of pfecipitapcy and exaggeration ; * he, however, unequivocally disavoAved tne proceedings of De Caylus, and promised that care sho'uldbe taken to prevent similar complaints in future. Orders Avere accordingly issued by the court of Versailles for the immediate evacua tion of Tobago and the other neutral islands. These orders were sent to Mr. Grenville to be fonvarded to De Caylus, who refused to obey them, saying that he had received no instructions from the king, his piaster, on the subject. For the sake of procrastination, he entered into a discussion with Mr. Grenville on the rights of the two crowns, which Avas interrupted by his death, and the point Avas ultimately de cided by an appeal to the sword.* MeanAvhile the government of Barbadoes was conducted by Mr. Grenville with becoming dignity and firmness. The world, Avhich seldom looks beyond the surface of things, is ever caught by appearances, and governed by opinion* : „ ^- ¦ « * Univ. Hist, wh xii. p. 179. Ehtick's Hist of the late .wot (176S) :.rel. i. p. 22, ke. S S 2 3i$ THE HISTORY During the long contests between the people and the re presentative of the croAvn, the chief magistracy had gradually sunk into a state not far removed from contempt; but Mr. Grenville soon. restored the dignity of government by the splendour and magnificence with Avhich he supported his rank; and yet more by his dignified deportment and pa triotic conduct. His candour, integrity, and impartiality removed all cause of party disputes, and silenced the cla mours of faction. His stern political rectitude disdained the base arts by which ignoble minds court an evanescent popularity, and sought only to establish his fame on the durable basis of a conscientious discharge of his duty. With no other object in vieAV than the public good, he aimed to acquire no undue influence over the legislative councils by gratifying the selfish or ambitious desires of men in power; but bestoAved such employments as were at his disposal on the most deserving, regardless of personal connexions, or the solicitations of private friendship. He had thus the felicity, known to feAv in his exalted sphere, of draAving talents from obscurity and reAvarding merit in a stranger. 1753. Having administered the government for six years and one month, Mr. Grenville indulged a wish most natural to an ingenuous mind; he languished for his native home; and, having obtained his royal master's permission, resigned his authority, Avith the design of returning to England. Previous to his departure, the house of assembly, as a testi- May 14-." OF BARBADOES. Sit mony of their grateful sense of the blessings which the peo ple had enjoyed under his auspicious administration, voted a liberal donative to defray the expenses of his voyage. But his excellency generously refused to increase the bur thens of a people, Avhom he could no longer aid with his counsels nor benefit by his exertions. Impressed Avith be coming admiration of such an extraordinary instance of dis interestedness, the assembly resolved to perpetuate the me mory of his exalted merit, by erecting a marble statue, re presenting his excellency at full length, in the most con spicuous part of the toAvn hall.* On Mr.. Grenville's departure,, the government devolved - on the Honourable Ralph Weekes, president of the council,. Though this gentleman retained the executive authority foe more than three years, the colonial records furnish no me morial of his talents for government, nor of his genius for legislation, except -an act prohibiting the firing of squibs, serpents,. and other fire-works, the usual demonstrations of popular attachment to. church and state, on the anniver sary of the papists' conspiracy.. This laAV is annually trampled upon Avith impunity by. vulgar loyalty and tumul tuous piety. Mr. Weekes was reAvarded Avith a salary of tAvelve hundred, pounds a year. His uninteresting admi- * Hall's first settlement of Barb. p. 33. This statue, together with Lord Howe's . portrait, was destroyed by the great burrjcane in 17.80.. -;.*. . ', . ,rati 318 THE HISTORY chap. x. nitration Avas at length terminated by the arrival of Charles Ma75?o Pmf°ld, LL.D. who had been honoured with his Majesty's commission as governor of Barbadoes. The revenue allotted for the support of Mr. Pinfold was the same as that which had been allowed to the tAvo last governors. 1758. Whenever Great Britain is engaged in actual hostilities with any other maritime power, the effects of the contest are quickly felt in the remotest parts of the habitable globe. The Avar Avhich Avas now kindled in Europe soon .extended itself to the West Indies, and presented the Bar badians with an opportunity of proving their zeal and fide lity, by the readiness with Avhich they contributed their feeble aid to promote the enterprises of the British govern ment in the Avestern hemisphere. Towards the end of this year, the cabinet of Saint James's formed the design of re ducing the power of France in the Caribbean sea. For this purpose, a fleet of six sail of the line, with a body of five thousand troops, Avere ordered from Saint Helens to join 1759. Commodore Moore in Carlisle Bay. The junction Avas effected on the third day of the new year. The governor immediately convoked the legislature, for the purpose of affording such assistance as might be in their power to faci litate the expedition. With a spirit and promptitude highly creditable, they granted a number of negroes for the re moval of artillery and other laborious services, and fur nished the seamen and soldiers with every species of re* OF BARBADOES. 31g freshment and accommodation which were deemed neces- chap. x. sary or acceptable.* 1759. The British armament left Carlisle Bay on the thirteenth day of January, and entered the harbour of Fort Royal* at Martinico two days afterwards, when the troops were disembarked at Point des Negroes. But in consequence of some difference in opinion between general Hopson and Commodore Moore, they were re-embarked within twenty- four hours after their landing, at the very moment when the principal inhabitants were employed in arranging a plan for the surrender of the island. The British fleet then pro ceeded to Basseterre at Guadaloupe, where, though they experienced a vigorous resistance, they were ultimately » successful. -f- During the progress of the siege, the commodore, having received intelligence of the arrival of M. de Bompart, with nine sail of the line at Martinico, left the troops to protect themselves, and retired to Dominica with his squadron, consisting of ten line of battle ships. With this superior force Moore ingloriously lay at anchor in Prince Rupert's * Smollet's Cont. vol. v. p^ 5. Hall's laws, p. 525. The compiler of the Universal Hist. vol. xli. p. 181, erroneously assert that Barbadoes, on this occasion, furnished a large body of volunteers, raised and disciplined at the expense of the country. This error has been implicitly adopted by Mr. FJfere in his Short History> though his means of information ought to have shewn him that the Barbadian volunteers were not raised till nearly three years afterwards. f Entick's Hist, of the War (1765) vol. iv. p. 14.4, - S20 THE HISTORY chap. X. bay, aboA'e eleven Aveeks, in which time upwards of ninety 175& sail of English merchantmen were captured and carried into Martinico. The inactivity of the commodore excited consi derable murmurings in Barbadoes; where he was burnt in effigy; his person treated Avith indignity, and his name held in absolute detestation. This occasioned some ill-blood betAveen the inhabitants and the .officers of the navy ; and the character of the country was afterwards grossly calum niated, in a pamphlet, published by Captain Gardner ; which produced a spirited reply from the classical pen of Sir John Gay Alleyne, Avho, for his judicious defence, was ho noured with the public thanks of the generaly assembly. The design of annihilating the power of France in the American archipelago, Avas revived by Mr. Pitt, though the execution of it Avas destined to bestoAV a splendour, little deserved, on the ministry of his unpopular successor. Go vernor Pinfold lost no time in communicating to the coun cil and assembly of Barbadoes, the intentions of the' British cabinet ; and called upon them to second his efforts to pro mote the public service. Nor was the application made in vain. A regiment of five hundred and eighty-eight men was raised, for the use of government, under the command of Sir John Yeamans, armed and accoutred at the expense of the country; to which was added a body of five hundred and eighty-three negro men to serve as pioneers. The ex pense of raising and equipping this corps amounted to twenty- four thousand pounds; no inconsiderable sum to be paid J7S1. OF BARBADOES. 321 by a smal) colony, Avhich had never been distinguished by the kindness nor the partiality of its parent state.* The naval force allotted for the reduction of Martinico, under the command of Sir George Bridges Rodney, arrived in Carlisle-bay in November; but it Avas< not till the day before Christmas that general Monckton Avas able to collect the Avhole of the troops placed under his direction. From that moment, hoAvever, no unnecessary delay retarded the sailing of the fleet, which reached Saint Anne's bay, at Martinico, on the seventh day of January. General Monck- ns?. ton soon found it necessary to occupy the almost inacces sible heights of Morne Tortenson and Morne Gamier, whose natural strength had been improved Avith great skill and judgment. Proper arrangements having been made for the attack of Morne Tortenson, the troops advanced by break of day. The engagement commenced Avith the grenadiers, jan. 24. led on by Major Grant ; Avhile another brigade, assisted by a thousand seamen in flat-bottomed boats, fell upon their redoubts along the shore. A third division, supported by the light infantry, after attacking a plantation Avhich lay in their Avay, marched round in the rear of the enemy. The * The House of Commons on the 7th May 1765, voted the sum of ten thousand pounds, " to enable his Majesty to make a proper compensation to tbe government of -Barbadoes, for the assistance which it gave bis Majesty's- forces under Major Genera, Monckton, in the expedition against Martinico," Annual Register, vol. 8. p. 240. T t 82H THE HISTORY C^^3' a^at?k was made with so much impetuosity, that by the nG'z. nmth hour of the day the assailants were completely in possession of the enemy's works on Morne Tortenson. As their batteries on Morne Gamier were capable of greatly annoying the British troops, General Monckton ordered several batteries to be erected, for the purpose of covering his operations against Fort Royal. On the other hand, the enemy formed the resolution of attacking the British troops. The attack was sustained \Vith great firmness; the assailants Were &oon iepulsed ; and, such Avas the ardour of the English, that they pursued the flying enemy across a deep ravine into their own batteries, and established themselves on the redoubts of their adversaries. Morne Gamier Avas thus, in afeAV hours, transferred to the occupancy of the British. The possession of these important posts enabled Monck ton to direct his views against Fort Royal. Batteries Avere immediately erected, and were nearly ready to begin the work of destruction, when the inhabitants proposed to ca- Feb. 4. pitulate. The terms were easily adjusted, and the garrison was delivered up to the British troops. The conquest of Martinico was yet incomplete. La Touche, the governor general, had retired to Saint Pierre's, with a determination of maintaining the rights of his. sovereign. But the ineffi- cacy of any opposition in his poAver, to make to the prepa rations which he saw going forward for the siege of that .fortress, induced him to submit to the conquerors. The 4 OF BARBADOES. 323 terms of capitulation were liberal and characteristic of chap. X. British generosity; and Martinico Avas finally surrendered l7&. to General Monckton on the fourteenth day of February. .Thd distinguished part borne by the Barbadians in the campaign in the West Indies, reflected great lustre on their character, and procured them the most ' flattering testimo nials of their sovereign's approbation. On the meeting of July si. the general assembly, the governor opened the session with a gracious speech ; in which, after congratulating the coun cil and assembly on the conquest of Martinico, his excel lency Avas pleased to add to his own commendation of their conduct, the most gratifying information of his Majesty's sentiments of their meritorious exertions to aid his arms in this distant part of the empire. " Upon receipt of his Majesty's commands," said Mr. Pinfold, " zeal and unani mity appeared in every branch of the legislature. With the greatest dispatch, ample provision Avas made for the assistance of the king's forces ; and the hands of government were strengthened with great and extensiA^e poAvers. By your influence and example, a vigorous spirit Avas diffused and communicated among all ranks of men. Each in his proper sphere, Avith a laudable contest, aimed to be the most actiATe in promoting the public service. The concur rence of these circumstances enabled me to raise the most complete, best accoutred, and best trained corps that ever Avas sent from the island, whose behaviour has exceeded the most sanguine expectations, and merited the approbation t t 2 324 TIIE HISTORY chap.x. of their commander in chief. Happy am I to have it in 1762. particular command from his Majesty, to convey to you his gracious sense of the cheerfulness and unanimity Avith which you enabled me to execute his commands; and his firm re liance, that his faithful and loyal subjects of Barbadoes Avill not cease to manifest the same laudable spirit in any future operations that may be undertaken, for annoying and distressing his enemies in the West Indies!" From the proud contemplation of the national successes abroad, the attention of the general assembly Avas turned to < less pleasing objects of consideration at home. John Adams, member for Christ Church, had, with a body of armed slaves, opposed the provost marshal in the execu tion of his office. For this violent outrage he had been in dicted at the court of grand sessions, fined and imprisoned. Not satisfied with this punishment, the assembly expelled Mr. Adams from their house; and, upon their application to the governor, a new Avrit Avas issued for the election of another member. Adams's friends thought that the mis demeanor, for which be had been expelled, Avas cognizable only in the courts of laAv, to Avhich he had submitted and received sentence: a sentence Avhich, it Avas contended could by no legitimate construction whatever be deemed to affect his seat in the legislature ; the freeholders there fore re-elected him without hesitation or opposition. The assembly,, persuaded that the power of expulsion Avould avail but little, if the obnoxious member could thus be OF BARBADOES. S25 retorted upon them, expelled him a second time. This proce- CHAP- £• dure Avas warmly resented by the electors of Christ Church. 1762- They considered it as an arbitrary encroachment on the liberty of the subject, completely subversive of the elec tive franchise. It Avas insisted that the assembly did not possess an inherent, original authority, but a delegated power; for Avhich, whoever receives it, is accountable to those who gave it; since it is obvious that those, Avho bestow^authority by commission, ahvays retain more than they grant. Whatever Aveight this reasoning may be thought to pos sess, the right of the assembly to expel any of its members, guilty of flagrant offences, is clear and incontestible. Ac cording to an eminent law authority, if any person is made a peer by the king, or elected, to serve in the House of Commons, by the people, yet may the respective houses upon complaint of any crime, and proof thereof, adjudge him disabled and incapable to sit as a member*. In sup port of this doctrine, the learned commentator on the laAvs of England, refers to many respectable authorities; and the journals of parliament furnish many precedents to jus tify the right of expulsion, claimed by both houses. No doubt then can exist that the assembly of Barbadoes, whose functions and privileges are in all respects analagous to * Blackstone's Commentaries, vol. i. p. 163. 326 THE HISTORY chap. x. those of the Commons of Great Britain, have the same pa* 1762- ramount jurisdiction over the conduct of its members. Finding that the freeholders Avere determined to persist' in asserting their right to re-elect Mr. Adams, the assembly" suffered their resentment to hurry them too far, and they passed a laAV, to disqualify him from being elected a mem ber of the assembly, or from bearing any office, civil or military, in the government of the island. Adams was not of a temper to submit to such an ignominous disfran chisement. He appealed to the justice and moderation of his Sovereign; and, after a due investigation of the cir cumstances, the act was repealed by his Majesty's order, grounded on the opinion of Sir MattheAv Lamb, counsel to the Board of Trade, by whom it Avas represented as ar bitrary, and contrary to the spirit of the British constitu tion, tending to establish a dangerous precedent, and to deprive his Majesty of the services of a subject. * It is to * It is-a little singular that, within eighteen months after this affair, the public mind was agitated by a similar transaction in England. The circumstances of this occurrence are briefly these. John Wilkes, on the 19th of January, 17C4, was ex pelled the House of Commons for a seditious publication. At the next election he was returned for the county of Middlesex, upon which it was again resolv-ed, that John Wilkes, Esq., for having published several libels, be expelled this House ; and a new writ being issued, Mr. Wilkes was re elected without opposition. On the 17th of February, 1769, the House resolved, " that John Wilkes, Esq. having boen in this session of parliament expclkd the House, was, and is, incapable of being elected to serve in this present parliament ;" the election was therefore declared void, and a new writ ordered. Mr. Lulirel now offered himself a candidate, in opposition to Mf. OF BARBADOES. 327 be observed, that the right of expulsion was not affected CHAP- X. by this declaration ; it Avas the act of disqualification to ll6i- which the King objected. The unexampled success of the British arms in every quarter of the globe, was soon followed by a general paci fication. The Barbadians saw with regret the most import ant conquests in the West Indies restored to their national enemy ; for, although some politicians pretended to disco- nes. rer, in the acquisition of the French colonies, much future injury to the commerce of Barbadoes, by depreciating the value of its staple productions, men of more enlarged vieAVS, justly considered the possession of Martinico and Gaudaloupe in the highest degree essential to the safety of the English settlements in their vicinity, and to the security of their trade and navigation. Nor was this the only source of uneasiness to the Barbadians. Wilkes. On the election Wilkes, having a vast majority in his favour, was returned by the sheriff as duly elected. The House of Commons, nevertheless, resolved that Mr. Luttrel ought to have been returned, and ordered the return to be amended. The freeholders of Middlesex presented a petition to the House, complaining of this invasion of their rights ; but the House, on the 8th of May, again resolved that Mr. Luttrel was duly elected. In this state the matter remained nearly 14> years, when, upon the memorable change of ministry in 1783, it was resolved by the House of Commons, that the resolution of the 17th February, 1769, and all other declara tions, orders and resolutions, respecting the election of J. Wilkes, should be ex punged, as being subversive of the rights of the whole body of electors. Thus was it established that, although the Commons have a right to expel their members, ex pulsion does not create a disqualification from re-e1eet*en; - 328 THE HISTORY The expense incurred in the prosecution of the late waf had been most severely felt by the people of England ; and to remove in some measure the exclusive burthen from their shoulders, it Avas thought to be but fair and equitable that the North American colonies, for Avhose defence the war had been originally undertaken, should contribute a due proportion towards defining the expense incurred for their protection. To this end, it Avas proposed by Mr. Grenville, among other financial expedients, to impose on them the payment of certain stamp duties. Parliament readily concurred in the arbitrary and unconstitutional scheme, and passed the celebrated stamp act. The effects produced by this fatal measure, are too well known to re quire repetition in this place. The universal discontent which it excited on the continent of North America, soon communicated itself to the neighbouring islands. Con scious of their Aveakness, the West Indians only remonstrated against the oppression, except the inhabitants of Nevis and Saint Christopher's. In the latter, the populace proceeded to as great lengths of tumultuous opposition, as the people of NeAV England; and, having burned the stamped pa per of their own island, went over in a body to assist their neighbours of Nevis in the same patriotic work.* The Barbadians, more moderate, Avisely refrained from a fruitless opposition; and, having tried the mild and legal • Annual Register, vol. 8. p. 56, OF BARBADOES. 329 mode of remonstrating against a measure so evidently per- chap. x> nicious and subversive of their chartered rights, calmly l766, submitted to the injustice Avhich they couM not resist. It Avas not long, however, before the ministry, to presence the peace of the empire, were compelled to abandon their pro ject ; but for the short time during which the stamp act was enforced, the sum of twenty-five hundred pounds was exacted from the people of Barbadoes, and remitted to England.* Governor Pinfold having exercised the executive autho rity for nine years and nine months, with a propriety Avhich added lustre to his reputation, and afforded satisfac tion to the community over which he presided, resigned his May iS' government and returned to his native country.-f- Although Mr. Pinfold has been invidiously represented as " a quiet, easy governor, Avhose qualities Avere wholly negative," £ there seems to have been no just cause of complaint against him ; for, though Ave cannot agree with the author referred to beloAV, that a quiet, easy governor best suits a colony, it does not appear that the qualities, here sneeringly imputed to him, ever obstructed the performance of his public du- * Short Hist. Barb, p. 79. f Mr. Pinfold, died on the 4th of November, 1789, in the eightieth Jear of hi age. Short History, p. 77. U U 330 THE HISTORY ties.* Some men may probably prefer a governor of that character, because the indolence of his disposition may afford them opportunities of accomplishing their oavh ambi tious projects, and of oppressing the people. To the au thority of such easy, quiet rulers may the inhabitants of Barbadoes never be subject. Better is the tyranny of a single person, hoAvever oppressive, than the despotism and misrule of a corrupt and arbitrary oligarchy. The abuses committed by the deputy provost marshal, in the execution of his office, Avere so generally and loudly complained of, that the legislature determined to take the direction of the office into their own hands. To this end a laAV was enacted, under the administration of Mr. Pinfold, authorizing the colonial agent to farm the office from the patentee for the public benefit. Great advantages were reasonably expected from a measure by Avhich the legisla ture obtained the exclusive right of nominating the deputy * Nor was the governor deficient in spirit upon proper occasions. Sir William Gibbons, a man of the most considerable influence in the country, having resigned his seat in the assembly, of which he had been speaker many years, on account of his advanced age and ill health, yet wished to retain his commission as colonel of Speight's division. But his excellency thought that, if age and infirmities rendered him incapable of attending the house of assembly, they disqualified him for the more active duties of a military command ; he therefore, on the 28th of March, 176Q, dismissed him from all his military employments. Sir William survived his loss of power only fourteen days, and died suddenly during the firing of a salute on his suc cessor's taking possession of the division. He Was succeeded by the Honourable Henry Thornhill OF BARBADOES. 351 provost marshal, Avhose continuance in office Avould neces- CV5^JC* sarily depend upon the honest performance of his duty. But within less than tAvo years after the passing of this laAV, notwithstanding some pecuniary profit had been derived from it, the assembly came to a resolution to relinquish the contract. It Avas alleged that the agreement entered into by the agent Avith the patentee Avas illegal, and could not be carried into effect Avithout the violation of an act of parliament; and that it Avould be highly improper for the legislature to take an assignment of the contract, as it could not be made without an act of the island, Avhich would render the transaction too conspicuous to escape the censure of the lords of trade, before Avhom it must appear for confirmation. This reasoning Avas founded on the statute of Great Britain, against buying and selling of offices ; but this point had been already so clearly decided, as to remoAre every doubt of the legality of the covenant. Blanchard, the provost marshal of Jamaica, had granted a deputation of his office to Galdy, of that place, Avho had given a bond for the performance of the agreement, upon Avhich an ac tion had been brought to enforce the payment. The de fendant pleaded that, by the statute against buying and selling of offices, both the bond and the articles of agree ment were voidj and that Jamaica having become a part of the territories of Great Britain Avas subject to the laAVS of the realm. But it was ruled by the court, that neither Jamaica, nor any other of the colonies, Avas bound by the xj u 2 332 THE HISTORY chap:x. ]aws of England, unless particularly mentioned, but that 1766. they were to be governed by their OAvn laws and customs ; and' judgment Avas therefore given for the plaintiff.* This case was in point ; but perhaps it was not Avithin the con templation of the legislature, and they relinquished the ob vious advantage of possessing a paramount control over the offices. Among the laws enacted under Mr. Pinfold's administra tion, there is one which ought not to be passed over in si lence. This is. an act to regulate sales at (outcry, byi which, to avoid all doubt or ambiguity on the subject, it is expressly declared that slaves shall be included in the legal construction of the words goods, chattels and effects, and as such may be taken and sold in execution for debt. This indeed had been the practice for more than a century. In the time of president Walrond a law had been passed, allowing the creditor to attach the slaves of his unfortu nate. debtor, and to have them sold as mere chattels. This law Avas calculated to serve the sinister purposes of itiner ant adventurers ; who, after making a-fortune in the colony, were anxious to return and enjoy it at home. They had no permanent interest in the country, and were heedless of the remote consequences of those laws which answered * Vide Modern Reports, Blanchard v. Galdy. Vide etiam Godolphin v. Tudor. Salk. 468, and Culliford v. De Cafdonell, Salk. 4-66. In what cases a deputation is legal. OF BARBADOES. 333 their present convenience, by facilitating the collection of chap.x. debts. But now, in a more enlightened state of society, 176tf- when the colony was firmly established, and its population consisted of a race of free-born sons, fondly attached to their native soil, and deeply interested in its prosperity, it must be a subject of no small surprise, that the legislature should recognize and confirm a principle so impolitic, in human and unjust. There is scarcely a law in existence, from Avhose opera tion the island has suffered greater injury than this. By the authority given to a rapacious creditor to seize the slaves of his debtor, and to sell them to the highest bidder, the population of the country has been lessened; its agricultural improvements have been impeded ; many respectable families have been reduced to indigence, and many driven into exile. When the labourers are swept away from the plantations, the lands cease to be valuable; the buildiiTgs are left to moulder into ruins by a gradual decay ; and the fields, Avhose fertility added to the national Avealth, become a barren waste over-run with noxious weeds. Of the slaves thus sold the rich only can become the pur chasers, to the utter extinction of those small estates, which, in reality, constitute the real wealth and opulence of the country. It is a gross, though a popular error, to suppose that this transfer of property is attended Avith no detriment to the state, because the negroes, Avho are removed from 334 THE HISTORY chap. x. .one plantation are employed on another. The argument 1766. might assume a plausible tone, if the real and personal estate went together; the aggregate Avealth of the country might then be the same ; though it is obvious that the ge neral prosperity Avould be diminished by limiting the diffu sion of the means of subsistence. Wealth might accumu late in the hands of the rich, but the inferior orders of so ciety, deprived of the means of cultivating their little farms, would be driven from the island to seek security under the shelter of a Aviser policy. It will probably be objected, that these eArils do not noAv exist in their full extent ; that there are few attachments made under this law ; and that, in the present prosperous condition of the country, no man is Avithout a home, or negroes to cultivate his land. But Ave should not suffer our judgment to be blinded by prosperity. It is now only thirty years since Ave Avitnessed the melancholy verification of the arguments against this law. In the vicissitudes of human affairs, similar misfortunes may be approaching to overwhelm us. During the American war, when, added to the evils incident to a state of hostility, the hopes of the industrious planter were frequently frustrated by a series of natural calamities, the fairest ^portions of the island Avere desolated and sacrificed to an umvise and iniquitous policy. Afflicted by continued drought, and visited by tribes of vermin, more destructive than the locusts and caterpil- OF BARBADOES. 3S5 lars of old, Barbadoes was then reduced to a state of com- CH1^X- parative poverty ; her soil and her negroes had sunk fifty per cent, below their original value. A total failure of crops, instead of exciting commiseration, sharpened the avidity of the rapacious; and the wretched slaves of the unfortunate debtor Avere dragged in crowds to the market, and thence transported to cultivate and enrich by their la bour those colonies Avhich, at the conclusion of the Avar, passed into the hands of our enemies. At that season of calamity, the pernicious tendency of the law was made visible as the sun at noon day. The slaves were sold for less than half their value ; the soil remained uncultivated ; the ori ginal proprietors were ruined, and the junior creditors Avere defrauded of their just due, by the accumulation of ex pense, and the rapacity of the provost marshal. The evil of that day is happily passed. How soon Ave may be re duced to the same deplorable condition, is known only to that omnipotent Being, by whose providence all things are ordered. It may be prudent to guard against the ad verse change ; and, in this our better hour, repeal a laAV, Avhich experience has sheAvn to be so pernicious. The most enlightened writers on the subject of West In dian concerns,"* have uniformly condemned this impolitic * Vide Long's Hist, of Jamaica, vol. i. p. 3Q'2. Edwards's West Indie?, vol. ii, y. 152. Raynal's History of tbe East and West Indies, \ol. vi. p. 228; and an exceK 336 THE HISTORY chap.x. and inhuman law. In the Avhole system of colonial, , 1766. slavery, so universally, and often unjustly, censured m Europe, there is none more injurious and oppressive to the negroes than the legal usage of levying upon them, and selling them at auction. It is by far the highest degree of cruelty annexed to their condition. One of the strongest principles of human nature is, that local attachment, which man feels for the place of his nativity. The untutored African shares this universal sentiment in common with the .civilized European ; and the sable Creole is no less tenderly attached to the spot on which the careless days of infancy were spent ; to the humble tenement which he has culti vated ; to the friendly tree, under Avhose verdant shade he has passed the noon-tide-hour; to the peaceful cot, beneath ¦whose loAvly roof he has participated Avith his wife and his children the few domestic comforts which have fallen to his lot. By a barbarous, erroneous policy, the Avretched slave is dragged from this scene of all his enjoyments; torn from the halloAved spot Avhich contains the remains of the mo ther whom he revered, the Avife that he loved, or the child who Avas dear to his heart; dispossessed of the little property which bestoAved on him an ideal importance in the eyes of his felloAV-labourers ; and sold into a neAV bondage, into a lent Memoir, written by the late Hon. Joshua Steele, and presented to the Society of Arts in Barbadoes, 1783. OF BARBADOES. S37 distant part of the country, under the dominion of an un- chap. x. knoAvn master. Separated from the only consolations 1^66' which can beguile the rigour of servitude, these Avretched victims of avarice and folly often sink into a premature grave. x x 338 THE HISTORY CPIAP. XL THE HONOURABLE S. ROUS, PRESIDENT THE ASSEMBLY'S CLAIM OF PRIVILEGES DOCTOR W. SPRY APPOINTED GOVERNOR THE SPEAKER OF THE ASSEMBLY VACATES HIS SEAT THE FREE HOLDERS of saint Andrew's refuse to elect a represen tative — DEATH OF MR. SPRY— MR. ROUs's REASCENSION TO THE CHAIR, chap. XI. X HE chief magistracy, on the departure of Mr. Pinfold, ¦•l766,;* devolved on the Honourable Samuel Rous, senior member May 26. of council. The first care of the legislature Avas to make a suitable provision, to support the dignity of government ; they accordingly settled on the president the yearly sum of fifteen hundred pounds, during his residence at Pilgrim, in quality of commander in chief. The commencement of Mr. Rous's administration was marked by the assembly's first claim to parliamentary pri vileges. Mr. John Gay Alleyne, having been called to the speakers chair, on the death of Mr. Lyte, determined to remedy the omission of Avhich his predecessors had been guilty. Mr. Alleyne possessed great talents and e:-. tensive erudition. He Avas thoroughly acquainted with the princi- 1 OF BARBADOES. ^ 33$ pies of the English constitution, and Avith the forms and chap. xr. practice of the house of commons. With an incorruptible n6&* integrity, he had understanding to discover, and spirit to assert, the rights of the people. His chief fault, if it be one, Avas thatof a great mind, an insatiable thirst of praise; and, though he pursued the phantom popularity, with un ceasing ardour, he assiduously strove to attain it by the noblest means, the Avelfare of his country. His appoint ment having been confirmed by the president, the speaker, June 3< in an appropriate speech, demanded of his honour the pri vileges to which the assembly Avere entitled. First, security to their persons and servants from all arrests and other dis turbances, that may obstruct their regular attendance on the house : secondly, freedom of speech in their proceed ings ; and, lastly, free access, at all times, to the com mander in chief. The president Avas a little startled at the novelty of the demand, and excused himself from giving an immediate ansAver. The house sat again the next day, Avhen, receiving no ansAver to the speaker's demand, they resolved to enter on no business till they had obtained satis faction on this important point. On the next meeting of July?. council, the president commanded the attendance of the assembly, in the council chamber ; and, after an apology for the delay, " granted them, as far as was consistent with the royal prerogative, and the laAVS and constitution of the island, every privilege which had been enjoyed by any former assembly." x x 2 $40 THE HISTORY These privileges are inherent in all legislative bodies, since, Avithout them, their poAver must evidently be more nominal than real. It is declared, by statute of England, that the freedom of speech and debates, and proceedings in parliament ought not to be impeached nor questioned in any court nor place out of parliament. And this freedom of speech, with the other privileges of security of persons, servants, lands, and goods, is particularly demanded of the King, in person, by the speaker of the house of commons, at the opening of every neAV parliament *, A colonial historian -j- treats the speaker's demand of pri vileges with a levity, that betrays an ignorance of the con stitution of his county, and an indifference to the rights of the people; and represents it as a precedent pregnant with 1767- fatal consequences to the credit of the colony. Under the protection of servants, he conceives, the poAver may be given of screening from debt,, and of conveying from the island a number of slaves. But it is obvious, that the se curity from arrests, and other disturbances, here claimed, is confined to the person of the member, and to such do- * Black. Comm. vol. 1. p. 164. + Mr. H. Frere, vide Short Hist, of Barb. p. 83. These strictures-provoked Sir John to publish a criticism on the work which contained them, as just as it was pregnant- This produced a duel between the two gentlemen ; and, though it ended without bloodshed, the dispute laid the foundation of an enmity which had a visible influence on the politics of the literary antagonists during their lives. OF BARBADOES. 341- m'estics only Avhose services he may require, during his CHAP. xi. attendance on the legislature, at its stated times of meeting, L767- which are usually monthly. The course of justice cannot be obstructed by a privilege, Avhich affords protection for the short space of no more than one day in every four weeks. At all other times, the person and property of the privileged debtor, is subject to the ordinary modes of ju dicial proceeding. Neither does the privilege of parliament sanction nor facilitate the transportation of slaves, belonging to those debtors Avho may happen to occupy a seat in the house. The danger is effectually guarded against, by the legal formalities Avhich must be complied with, before any slave can be sent from the island. Personal security is absolutely essential to the exercise of legislative functions. The strong arm of poAver might otherwise be occasionally extended, to prevent the attend- ance of those members from whom opposition may be ex pected. A sycophantic creditor may become the Avilling. tool of despotism; and, by detaining his debtor, obstruct the progress of public business, Avhenever the casual impe diment may suit his sinister views, or enable a corrupt fac tion to accomplish their designs, by hurrying their pernici ous measures through a house thinly attended*. * This point seems to have been placed beyond all dispute by the royal authority. A merchant of Spanish Town, in Jamaica, in 1764, caused a writ of venditioni exponas, to be executed upon the coach horses of a member of the assembly of that Islands 342 THE HISTORY chap. xr. ^ few days previous to the departure of the governor, 1167m the inhabitants of Bridge-toAvn had experienced a most dreadful calamity ; a considerable part of that metropolis The assembly considered this a breach of privilege, and the officers who had executed the writ were immediately taken into custody, by order of the house. The prisoners were quickly released by habeas corpus, granted by his excellency, Mr. Lyttleton, as chancellor. The assembly resented this act of power, as an invasion of their privileges, and again ordered the provost marshal and his assistant to be taken into the custody of their messenger. A petition was again presented to the governor, by the prisoners, for a writ of habeas corpus, which was granted, and they were once more set at liberty by a decree of the court of chancery. This order produced a violent ferment in the assembly. They resolved that the governor had acted in an unjustifiable manner, and was guilty of a flagrant breach and contempt of the rights and privileges of their house. And that a remonstrance against his conduct should be drawn up and laid at his Ma. jesty's feet. The governor immediately dissolved the assembly and issued writs for a new election. No advantage, however, was derived from this expedient. Upon their meeting, the speaker omitted to apply to the governor in the usual manner for the pri vileges of the house. "His excellency therefore again dissolved the assembly, alleging that it was his duty to see that their usual privileges Were maintained, as well as that of the King's prerogative suffered no violation. Annual Register, vol. 8. p. 17 Q. Five different assemblies were successively called and abruptly dissolved, because they re fused to raise the supplies, unless satisfaction was given them in this business. At length, on a change of ministers in England, the governor was recalled, and the lieutenant governor, Roger Hope Elktson, was directed to gratify the wishes of the assembly ; and the whole of the proceedings in chancery were solemnly annulled and vacated. Edwards's West Indies, vol. 2. p. 354. The privileges of domestics, lands, or goods have been since taken away m England, by Stat. lO Geo. HI. c. 50. which enacts that any suit may at any time be brought against any peer or member of parliament, or their servants, which shall not be impeached or delayed on pretence of any privilege of parliament ; exeept that the person of a member of the house of com mons shall not thereby be subjected to any arrest of imprisonment. Blachtone's Cemm.vol. \.p. 165. OF BARBADOES. S4S was consumed by fire*. The frequency of the misfortune c^^; aAvakened the attention of the assembly, and they passed 179?' an act for rebuilding the town on a more safe and commo dious plan; but unfortunately this prudent precaution was disapproved of in the council chamber. Seven months had scarcely elapsed, Avhen the capital Avas again reduced in ashes, by a conflagration still more dreadful than the former -f. This was the fourth, time, in little more than ten years, Bridge-toAvn. had suffered a similar disaster. The necessity of rebuilding the toAvn, Avith greater order and regularity, Avas now admitted by those Avho had before doubted the propriety of legislative interference ; and a JaAV Avas enacted for that purpose. At the same time, the assembly adopted a scheme for deepening and cleansing the mole-head, and building convenient quays and wharfs for mercantile accommodation. But, sensible of the ina bility of their constituents to prosecute such an expensive undertaking, they determined to apply to the house of com mons for pecuniary assistance. Such was 'their impatience,. * May. 14th, 1766. f December 27th, 1766. On this occasion, the legislature of South Carolina voted the sum of seven hundred and eighty -five pounds sterling, for the relief of the sufferers. The money was paid into the treasury of Barbadoes, where it was allowed to remain;, unless the treasurer used it, till the 29th of April,- 1773, when an act was passed to enable thecommissirners for cleansing the mole-head to borrow it, and apply it to that undertaking. Whe1 her it was ever repaid, and applied agreeably to the intentions of the benevolent donors, would now be an unnecessary inquiry. 344 THE HISTORY chap. xr. on this occasion, that the petition was dispatched to the m7* colonial agent, in London, Avith directions to present it, without the concurrence, or even the knowledge, of the other branches of the legislature. By the same conveyance they transmitted a memorial to the King, complaining of the great obstruction to public business, occasioned by the absence of many members of council, Avho, regardless of the Avelfare of their country, were dissipating their time and fortune, amidst the pleasures and gaieties of the British capital. 1768. The application to parliament Avas countenanced by the ministry, and a donatiA^e Avas proposed by Mr. Grenville, to enable the legislature of Barbadoes to commence the Avork in contemplation ; but it Avas thought advisable, to ascertain, previously, Avhat they Avould do of themselves, towards accomplishing the design. This Avas fair; the c. question, hoAvever, was retorted on the house of commons, and four years had nearly elapsed before any assistance could be obtained. At length, parliament, tired Avith con tinued importunity, granted the trifling sum of five thou sand pounds for the projected improvements*. Feb. 11. Meanwhile, William Spry, LL.D. having been honoured with his Majesty's commission, as governor of Barbadoes, * In 1775, Mr. Walker, the colonial agent, obtained from parliament another grant of five thousand pounds, for which service he was honoured with the unanimous thanks of the assembly, presented in a gold box. OF BARBADOES. 345 arrived in Carlisle Bay, accompanied by his lady, and as- c([^^_^[; sumed the government of the island. To enable Mr. Spry to support the dignity of his station, the assembly, Avith the concurrence of the council, settled on his excellency a salary of three thousand pounds a year. Not long after his excellency's arrival, Mr. Cox, the nos. store-keeper, presented a petition to the assembly, stating the insufficiency of the tonnage duty to supply the de mands for gunpoAvder, for the use of the forts ; and that he had been obliged, in obedience to the orders of former commanders in chief, to make advances to the amount of three hundred and fifty- four barrels of gunpoAvder*, and praying that the house would provide for his reimburse ment. An application so extraordinary, from a public officer, who, if he had not violated his duty, had certainly exceeded his legal authority, excited no common degree of popular clamour. The fund, appropriated to this particular service, was raised by a duty of one pound of gunpoAvder per ton on all vessels entering at any port of the island ; and the storekeeper ought, on no pretence whatever, to have suffered the disbursements to exceed the receipts of his office. Should the storekeeper be allowed to comply with the governor's orders, beyond the limits prescribed by law, the treasurer might, on the same principle, supply his * Of one hundred and twelve pounds each, valued at nearly 28001, currency. 346 THE/ HISTORY chap. xi. excellency's pecuniary demands to an indefinite extent ; 1769. and thus, by an abuse of the trust reposed in them, the executive power might be rendered independent of the legislative, and a venal despot enabled to convert the peo ple's money to his OAvn use, Avithout the consent of their representatives. On these grounds, Mr. Cox's petition Avas strenuously opposed by the speaker. He contended that the store keeper had no discretionary pojver, by law, to purchase poAvder for the use of the forts ; that, in the present season of profound peace, the powder had not been required for die service of the country, but had been Avasted in firing salutes, either to indulge an idle vanity, or for the no less miAVarrantable purpose of enriching some favourite captain gunner. To impose on the people the burthen of paying. fbf powder, thus illegally issued, and profusely expended, fey the officers of divisions, during their military feasts* would be contrary to justice, and inconsistent with the trust reposed in the members " of that house, as faithful guardians of their constituents' property. The sense of the house appearing to be in favour of the storekeeper's claim, it was agreed, after a long debate, that the payment of his demand should depend on the future savings of powder. And a memorial was presented to the governor, stating the particulars of Cox's demand, and re questing that his excellency Avould enforce the orders Avhich he had already given, to prevent the unnecessary firing of 1 OF BARBADOES. 347 cannon, that thus a saving might be made, adequate to the ^f^3f" liquidation of the debt in question. His excellency, in 17m reply, assured the assembly of his determination to prevent, as much as lay in his poAver, any improper expenditure of poAVder in the forts, and of his cheerful concurrence in any effectual measure for that purpose. Nor was it long before they received a message from his excellency, signifying, that in consequence of his endeavours, a saving of ten thousand weight of poAvder had already accrued, whence his excellency Avas induced to hope, that the whole of Mr. Cox's demand might, in a short time, be paid, by the ob servance of proper economy in that department *. A sys tem fundamentally bad, and an egregious abuse of power, rendered this hope abortive ; and, under succeeding admi nistrations, encreased the storekeeper's debt. The tonnage on vessels, and the appropriation of the money arising from that impost, Avere soon afterwards altered by laAV ; but the door to abuse was still left open. Towards the latter end of this year, the governor's do- October 3. mestic felicity Avas interrupted by the death of his amiable consort. She Avas a niece of the illustrious Earl of Chat ham, and a daughter of Thomas Pitt, of Bocconic, who * It appears, by a subsequent petition from Mr. Cox to governor Hay, that Mr. Spry's orders for preventing the waste of powder had produced so great a saving in that article, that bis demand had been reduced to only eighty-eight barrels and a half. Y y 2 348 THE HISTORY chap. XI. married a sister of the celebrated Lord Lyttleton. Thus 1769. nobly descended, and' elegantly accomplished, her conjugal attachment impelled her to accompany her husband to Barbadoes, Avhere her delicate constitution soon sunk under the influence of an uncongenial climate; 1770. The following year was productive- of an extraordinary dispute betAveen the house of assembly, and the freeholders of Saint Andrew's parish. By a law of the island, the as sembly Avere restricted from allowing more than two of their members to be absent from the country *at the same time. The speaker, however, finding his health impaired, was desirous of trying the effect of a- voyage to Europe ; but as tAVO members were already absent, he Avas precluded from obtaining the same indulgence, by the ordinary means. Tb remove this obstacle, a. bill was introduced by the attorney- general, Henry Beckles, to empoAver Sir John Alleyne to leave the island, without vacating his seat, and to extend the permission to four members at a time. The bill was passed unanimously, by both houes; but it appeared to be a measure of so unusual a nature, that the governor suspended his assent- until the King's pleasure could be knoAvn. Sir John .Alleyne, nevertheless* left the island *; and the * Before the venerable patriot's departure, he made his estate liable to the pay- ment, of a perpetual annuity, ,o£ forty-five pounds a year, for the support of a charity- schcol, in the parish which be represented ; that being the interest of the sum which, iw had received on his succeeding, in rotation, to tbe, office of treasurer. OF BARBADOES. 340/ assembly, at their next meeting, addressed the governor to CHAP- xi- issue a writ for the election of a member in his. room. On li~'°- the day appointed, the freeholders, of Saint. Andrew's ap peared at the poll, but refused to make choice of another representative : and presented an. address to Mr. Maycock, the sitting member, explaining the reason of their refusal. They could' not be persuaded that Sir JohnAlleyn© had vacated his seat, by his absence; and could notj, therefore, with propriety, proceed to another election. It Avould, in the first place, they said, imply a forgetfuiness of his former services, and a willingness- to deprive him of the benefit irif- tended him, by two branches of the legislature. Secondly, they affected an apprehension of violating a plain laAv, since, by electing a neAV member, they would ^ in the event of the old one's return, be represented by a greater number than they Avere legally entitled to. From these consider ations, they determined to imitate the governor's example, and aAvait the result of the reference to the croAvn*. At the next meeting of the assembly, the. governor sent October 2. the sheriff's return to the house, and recommended the sub- * The act was rejected by the King, on tbe recommendation of the lords of trade, who reported to his Majesty, that as Sir John Alleyne had already come to England, and vacated his seat, they conceived that the confirmation of tbe act would involve the legislature in difficulties, in case of the election of another member, without benefiting tbe person in who*=e favour it had been proposed; to whose merits Mr. Spry had borne such ample testimony, as to occasion a wish that the indulgence could have , l>een granted; consistently withthe constitutionof the country, . 350 THE HISTORY chap. Xi. ject to their serious consideration. The attorney-general 1770. immediately rose, and, in an elaborate review of the whole affair, maintained that Sir John Alleyne had vacated his seat, and justified the proceedings of the house. It had been contended, both Avithin and without doors, that the assembly were competent to grant leave of absence to any of its members, without the concurrence of the other branches of the legislature. For, by the law and custom of parliament, whatever matter arises concerning either house of parliament, ought to be examined, discussed, and adjudged in that house to which it relates, and not else where* Where, then, it was asked, Avas the necessity for alaAv to enable the assembly to indulge i,ts members Avith occasional leave of absence ? The ansAver was obvious. The privilege' in dispute had been surrendered, by the assembly, half a century before -j~. And, however uncon trollable the house might have been originally, with respect to its members, whateA^er privileges might have been in herent in them, as representatives of the people ; if those, said the learned gentleman, who have gone before us in that capacity, by an acquiescence in a law for that pur pose, have abridged the power of the house, until that Uav is repealed, or the restrictive clause abrogated, it was ridi culous to dispute its validity, or to talk of original privi- Sfc . ?j.i.) Blacks. Com. vol. 1. p. 158» \ Hall's Law*, No. 148. c. 20. OF BARBADOES. 351 leges. Though, he admitted, the constitutional maxim on chap^xi. Avhich the laAV of parliament is founded, he insisted, that 177°* no house of commons could pretend to urge a privilege once given up, against a positive law, by which it had been resigned. Nor could any colonial assembly, by an independent act of their own, destroy that which had been established Avith the concurrence of the other branches of the legislature* To obviate any doubt that may arise, concerning the legality of their proceedings, under an idea that the represen tation of the country was incomplete, Mr. Beckles observed, that the house had done all that the law prescribed in such cases; and, as the freeholders had thought proper to give up their birth-right for an idle and fallacious sophistry, the authority of that house could not possibly be affected by their contumacy; all acts of theirs would be as virtual, without another representative for that parish, as if the writ for a new election had been obeyed. This opinion was grounded on the general maxim, that he who disclaims his rights when they are tendered to him in due form of law, can never afterwards complain of a privation of them. He concluded Avith moving an answer to the governor's message to that effect; which he observed, was all that could be done, unless it should be thought proper to perpetuate their exclusion ; but this,, for the sake of many worthy men in that parish, he would not recommend, though the obstinacy of fehosev by whom this ridiculous opposition had been creatr .Sm "THE HISTORY ohap.xi, e(j5 deserved to suffer the full Aveight of legislative dis- l770« pleasure. The attorney-general then complained of an fnsult Avhich had been offered to the house, no less heinous than that -which had occupied their attention. Whilst the members of that -assembly Avere under a reciprocal implied faith to keep inviolable the secrets of the house ; and their clerk -was bound by the sacred obligation of an oath ; he thought it scandalous to see in a common neAvspaper a message from the governor, Avith a confidential observation of his OAvn, Avhich had never been entered on their journals till that day. Hoav this had happened, he thought worthy of an inquiry, that the person who had offended may be made to express a due sense of his error. Colonel RidgeAvay immediately rose and avoAved himself the author of the communication alluded to, unconscious of any impropriety attending the disclosure of Avhat had passed Avithin their walls. With this explanation, Mr. Beckles professed him self satisfied ; and there the business rested until a subse- Nov.'27. quent meeting of the assemby, when the rule, Avhich Avas supposed to have been infringed, was read' in these words; that the minutes of the house, taken by the clerk at any of their meetings, should remain with him undisclosed till they shall be confirmed by the house at a future meeting. The question Avas then put, whether the rule is to be con sidered binding on the clerk alone, or whether it implies a« obligation on the members of the house ? and carried in % OF BARBADOES. 55 the affirmative. A more extraordinary determination, or a ciiai7. xi, stranger perversion of language perhaps Avas never known. 1''° But admitting the construction to be just, it may be diffi cult to conceive Avhat secrets of the house the representatives of the people are under a reciprocal implied faith to conceal from their constituents. Shall the most important public concerns be canvassed and decided upon by a British legis lature Avith the impenetrable secrecy of a Romish inquisi tion ? Shall the free subjects of a British colony remain in silent submission till their fate is determined by an Asiatic divan ? or till their delegates condescend, as a matter of grace and favour, to inform them of their proceedings ? Nothing should ever pass Avithin the precincts of the town-hall of which the people ought not to have the ear liest notice. The inestimable right of proposing laws for their own government is lodged by the constitution in the great body of the people. The inconvenience of tumul tuous assemblies first suggested the expediency of delegat ing the sacred task of legislation to a select number; and those Avho are appointed to execute the solemn trust are unquestionably accountable to those from whom their au thority is derived. Thus the matter stood till Mr. Henry Duke, impatient mi. July 16. of the absurd restraint, objected to the construction which had been put upon the rule, as imposing an obligation of secrecy on the members of that house, equally unnecessary and inconsistent with their duty to their constituents ; to z z 354 THE HISTORY chap. xi. -whose sentiments they Avere bound to pay a respectful at- 177t- ten tion. He, therefore, moved, that the assembly should, by an explicit declaration, confine the rule to the clerk alone. Mr. Beckles, far from Avishing to restrain any gen tleman from consulting his constituents by an injunction of secrecy, seconded the motion; and what Avas, if possible, more extraordinary, it Avas unanimously agreed to. it??. The scantiness of our records furnish no further informa tion concerning the administration of Mr. Spry. After the death of his former lad}r, he married the beautiful relict of Hamlet Fairchild, but he had not long enjoyed the delights of this union before he Avas removed to another, and more perfect state of felicity. Sept. i. This melancholy event placed the Honourable Samuel Rous a second time in the presidential chair. Still occu pied by the two great objects that had long engaged their attention, of preserving their capital from fire, and facili tating its commerce, the assembly passed two acts, one for the establishment of six fire companies ; the other for deep ening, cleansing, and improving the mole-head. To pro vide a fund for effectuating the latter design, the tax on the importation of slaves from Africa Avas increased; and, in lieu of the former duty of one pound of gunpowder, a duty of tAVO shillings* and sixpence a ton Avas indiscrimi nately laid on all vessels resorting to the island. Of tho produce of this impost, fifteen hundred pounds were an nually appropriated to the purchase of gunpoAvder for the OF BARBADOES. 355 use of the forts, and the surplus Avas made applicable to CHAP- x*- the Avorks at the mole-head. 1772- This bill Avas hurried through the house with such cele rity, that the ship-owners, whose interest Avas most imme diately affected by it, had no opportunity of endeavouring to arrest its progress by any representation of its evil tendency. The merchants of Bridge-town, therefore, pre sented a petition to the council, in which they stated, that, by a former lavv% all vessels, owned by the inhabitants, Avere exempt from the payment of the tonnage-duty ; an immunity which they insisted Avas calculated to promote the interest of the country by encouraging the increase of its shipping. They represented, that the vessels oAvned by the native traders AArere employed in an intercourse amono- the neighbouring colonies, in which they generally made from twelve to fifteen voyages annually ; and that such an impost, so frequently repeated, Avould be an insupportable burthen on the navigation of the country, and, in effect, prohibit a beneficial branch of commerce. This being a money bill, could not be amended by the council ; it was, therefore, returned to the assembty, Avith a message, proposing, that vessels, owned by the merchants of the island, should be subject to the duty only thrice a year ; secondly, that a commission of two and a half per cent, instead of five, would be a sufficient emolument for the storekeeper; thirdly, that the sum of two thousand 7 % 2 356 THE HISTORY Cf^-Jp- pounds annually should be appropriated to the purchase of l77<2' gunpowder for the use of the fortifications. The first of these propositions was agreed to on a division ; the second, so apt is private interest to prevail over considerations of public utility, was negatived by a majority of ten to three; and the third Avas, with great propriety, unanimously re jected. The bill, thus amended, was again sent up to the council, 3>nd passed. Upon this occasion, the assembly addressed the president to discontinue the firing of the morning and evening gun at Needbam's, Avhich un necessary parade, as they termed it, Avas attended with' and expense of eight hundred pounds a year. This request,. however, militated too strongly against the interest of the* captain-gunner, to be complied Avith. And it is Avorthy of observations that notAvithstanding the considerable saving; of poAvder during Mr. Spry's administration, under that of Mr- Rous, the collector, Avas inadequate to supply the de mand, in a season of profound peace. Both bills, on being transmitted to England, were re- ferred to the consideration of Mr. Jackson, counsel to. the board of trade. On the act for the establishment of fire companies, he observed, that it had been more than once reported to be the opinion of their lordships, that the creat ing of a corporation, being within the power of the Crown, and its representative, ought not to be exercised by the provincial legislature, unless it be under singular circum stances, of which the present occasion of incorporating six 1 OF BARBADOES. 357 bodies of men at once, may possibly be one. But the most CHAP- xr.. material objection to the act Avas the poAver given to the 1772* commissioners not only to constitute and establish such rules and orders as they should think convenient for the good government of the fire companies ; but also, " to make and establish such other rules and orders as they shall think conducive to the better execution of the act; Avhich rules- and orders, so to be made, shall bind and oblige all and every person or persons, whom they shall or may concern." ** This power to be executed by a few members of the coun cil and assembly," said the learned barrister, " is certainly too extensive, and, at least, approaches too near to a dele gated legislature, not to want limitation or explanation. The utility of its object Avas sufficient, in Mr. Jackson's opinion, to prevail against a manifest objection to the act for improving the mole-head ; namely, that it imposed a duty on the trade and shipping of Great Britain. The act was, in no other respect, faulty, except that the private property Avhich it might be necessary to convert to the public use was directed to be valued by three justices in stead of a jury. For these reasons, both bills were disal- loAved by the King ; and Mr. Hay, who had been recently appointed to the government, was directed, on his arrival, to recommend the passing of others free from the faults im puted to these. This was accordingly done, and his Ma jesty confirmed them, in consideration of the importance of their object . THE HISTORY Mean time a laAv Avas enacted to empower the general as- 177|- sembly to permit any of their members, not exceeding four at a time, to be absent from the island. The propriety of such an indulgence is at best highly questionable. Many members of the house of commons, it is true, are fre quently employed on foreign service, without producing any national inconvenience by their absence ; but in a co-' lony Avhose representative body consists of only tAventy-two members, the absence of nearly one-fourth of the number may justly be apprehended to impede the progress of pub-' lie business, and to facilitate the sinister vieAvs of a venal ir73. faction. The law, as Ave have already seen, originated in the" partial design of granting a particular indulgence to Sir John G. Alleyne ; but, from the failure of that attempt, and the baronet's jealousy of Mr. Spry, the proposal Avas- not revived until after his excellency's death. Nor was this the only innovation introduced for the personal grati fication of Sir John Alleyne. It had ever been a standing rule of the assembly, that the speaker, like the speaker of the house of commons, should vote only in case of an equal division of the house. Such a rule did not suit Sir John Alleyne* ardent, active mind. Anxious to distinguish him-; self upon every question in Avhich the interest of hiscoun-' try Avas involved, he could not bear to fettered by a rule which confined the exercise of his intellectual poAvers, and obstructed the rapid flow of patriotic eloquence which he OF BARBADOES. 559 possessed. The restraint Avas, therefore, removed, and he cn^-J^ Avas permitted to speak, or vote, upon all occasions, as any other member misriit do. The day had now arrived Avhen Mr. Rous was to resign, for the last time, the office of chief magistrate. His Ma jesty had appointed the Honourable Edward Hay, late con sul at Lisbon, governor of Barbadoes ; and his excellency, accompanied by his lady and two daughters, arrived in Car lisle-bay, on Sunday the sixth of June. On the Tuesday following, his excellency landed in state, and was received on the Avharf by the members of both houses of the legis lature. He Avas attended Avith the usual military parade to St. Michael's church, Avhence, after divine service, he proceeded to Pilgrim, and, having taken the inaugural oaths, was formally invested with the supreme authority. Were an opinion formed of Mr. Rous, from the panegy rics bestowed on him by different public bodies, in their respective addresses, during his presidency, we should be induced to esteem, him as- a modern Trajan, or Antonine. But no dependence can be placed in such fallacious ap- plause^ Truth is little regarded in the composition of these eulogies. By his vigilance and assiduity we are told, that Bridge-town Avas raised from cinders, that elegant struc tures had risen, Phcenix like, from ashes; and that the same patriotic hand which performed these wonders had fixed the first stone in the head of the new mole; an un- 360 THE HISTORY chap. XI. dertaking that Avould shed a lustre on his administration. 1773. What peculiar merit may belong to the president for the part which he sustained in these transactions, • we cannot precisely ascertain. It is probable, that -he participated in -common with the other orders of the legislature in their zeal to promote these useful Avorks. But, whatever credit may be due to him on this subject, candour must condemn his neglect of the administration of justice ; his inattention to the waste of stores on the forts, and the infringement which he committed on the rights of election. At the general election immediately preceding his loss of poAver, he interfered very improperly with the matrosses of Speight's and Reid's-bay divisions ; several of whom he en couraged to oppose the interest of their colonel, by promis ing them indemnity at the expense of the adverse party. But in the parish of Saint John, he not only appeared at the poll and voted himself, but influenced others to vote for the candidate Avhom he supported. Mr. Haynes, the un- succesful candidate, petitioned the assembly, complaining of an undue return, and praying that he might be permitted to controvert the election. But before the affair could be investigated, he consented to withdraAv his petition, on the president's promising him his future support. Nevertheless, the solicitor-general, Mr. Henry Duke, a man of a strong, active and generous mind, Avho, in the study and practice of his profession, had acquired a clear OF BARBADOES. 36l •and perfect knowledge of the English constitution, brought C1^^J** the matter before the house. He represented the presi dent's conduct as a flagrant violation of the elective fran chise of which it Avas the duty of that house to record their •decided disapprobation ; and concluded with moving a re solution in these words ; That it is against the freedom of ¦elections, and the privileges of this house, that a com mander in chief should vote at, or interfere in, the election of representatives. The learjied gentleman's design, how ever, was defeated, by the speaker's moving the previous -question ; and the original motion was postponed for future consideration, or, more properly speaking, consigned to -eternal oblivion. Twice in the course of Mr. Rous's administration the •same enlightened member complained to the assembly of •a suspension of justice, in civil cases, owing to the culpa ble neglect of the persons appointed to preside in the courts of law. He moved for a committee to inquire into these abuses, and to report to the house Avhat Avas proper to be done in aid of defective laAvs, or in redress of those which were violated. But his patriotic exertions Avere rendered ineffectual by the influence of the judges, of whom several had seats in the assembly*. * The house was, at this time, composed of Samson Wood, and H. Duke, for St. Michael's. J. Burke and P. Lovell, Christ Church. Joseph Wood and Joshua Git tens, St, Philip. H. Walker and J. Cogan Cox, St. George's, S. Wallcott and J« 3 A SfB THE HISTORY CHAP. XI. Miller, St. John's. George Sanders and W. Gibbes Alleyne, St. Thomas's. T. A1- 1773. leyne and J. Wheeler Ridgeway, St. James's. J. Leacock and S. Hinds, St. Peter's. Sir John Gay Alleyne and James Maycock, St. Andrew's. Hillary Rowe and H.. Rowe, St. Lucy's. T. Payne and J. Stewart, St. Joseph's. The members of council were Samuel Rous, J. Dotin, A. Cumberbatcb, H. Frere, Conrade Adams, Gedney Clarke, Irenaeus Moe, R. Brathwaite, W. Senhouse, R. Cobham, W. Bishop and John Best. The two last were added upon Mr. Hay's ar= arrival. OF BARBADOES. 563 CHAP. XII. MR. HAY ASSUMES THE GOVERNMENT — DISTRESSED CONDITION OF THE INHABITANTS REPRESENTATION TO THE THRONE OPPOSED BY THE GOVERNOR — SUSPENDS THE SOLICITOR- ¦GENERAL AND THE JUDGE OF THE ADMIRALTY ITS IMPRO PER INTERPOSITION IN FAVOUR OF CAPTAIN DOTIN — AVAR WITH FRANCE DANGER OF THE COUNTRY — APATHY OF THE ASSEMBLY THE GOVERNOR'S DEATH. vJN the first meeting of the provincial parliament after cHAP.xn. the governor's arrival, his excellency opened the session in 1773. T11 rip I '¦J the usual manner, -with a speech from the chair. He ob served, that the trust Avhich his Majesty had reposed in him, by promoting him to the government of the island, was, in its nature, very different from any of the former posts Avhich he had held under the CroAvn. The adminis tration of the most ancient, most populous, and, in pro portion to its extent, the most wealthy of his Majesty's dominions in the new world, Avas a charge of the utmost importance ; and he was sensible required a more intimate •knowledge of the laAvs and constitution of the country than 3 a 2 364 THE HISTORY CH^-S" ne possessed. But when he considered the character o§ 1773, the inhabitants from the first settlement of the island, their loyalty to their Sovereign, and attachment to their excellent constitution ; and that those principles had been carefully handed down to the present generation, he professed to feel encouraged to the arduous undertaking; happy in the thought that he could confidently rely on their assistance hi conducting the business of government. After recom mending a proper attention to the defence of the island,. for Avhich, he remarked, no time could be more proper than. that of peace, his excellency modestly adverted to the King's instructions respecting the usual provision for the- support of the commander in chief, observing that it did not become him to enlarge on a subject of so much deli cacy. s The addresses of both houses Avere in the highest degree- polite and' respectful. They breathed the same sentiments of joy at his excellency's appointment, and of cordial con-r gratulation on his safe arrival. His excellency's amiable character and approved conduct in other official situations were sufficient pledges, they said, for the faithful discharge of the high office with Avhich he Avas now invested, and of the happiness of the people placed under his care. The scene of business may be neAV, the post assigned may be more important,, and, in such a situation, the ingenuous mind may be led to feel a diffidence of its poAvers; but iri the very principle which suggested those fears, the assemblj OF BARBADOES. 865 were confident Avould be found the true resources of his chap, xil excellency's ease and contentment. 1773~ This interchange of civilities Avas. followed by a more sub stantial proof of regard. A settlement of three thousand pounds a year Avas made on his excellency^ during the term ©f his administration. This sum, the speaker remarked on presenting the bill, which in the days of their prosperity Avould have been but the easy tribute of their benevolence; must, under the pressure of recent calamities, be acknoAv- ' ledged as the utmost effort of their good-will. It cannot escape observation, that through the Avhole of Sir John AIt leyne's political life, his fine imagination was. clouded Avith an idea of colonial poverty. On this topic he Avas perpe tually disclaiming and lamenting the. visionary inability of the country to provide for the necessary expenses of go* vernment. The bill Avas received in the most gracious man ner by the governor, who professed to consider it as aa ample testimony of the public esteem. Sensible of the importance of a regular administration of justice, Mr. Hay's attention Avas early turned to the means of redressing the abuses committed in the judicial depart ment. He sent circular letters to the judges, remonstrating against their dilatory proceedings, intimating that the cla mours of the people had reached the Royal ear ; and re ferring to his OAvn diligence on the chancery bench as an example for the dispatch of business. The next object of his care Avas not of less importance. Thoroughly acquaint— 566 THE HISTORY CHA^L1I° ed with the principles of commerce, his excellency readily 1773. perceived the benefit which the island Avould derive from an extension of its trade. To this end he recommended that the assembJy should make an immediate application to parliament for the establishment of a free port in Barbadoes. The pro posal diffused the most general satisfaction ; and the com-? mittee of correspondence directed the agent to pursue the speediest and most effectual means of attaining this desire- able object. The minister approved of the application, and offered to grant a free trade Avith the Spaniards, on the same terms as were enjoyed by Jamaica, which Mr. Walker most unaccountably hesitated to accept till he could consult his constituents; and, in the interval, the Ja maica bill having past, the opportunity of securing the ad vantage was lost. 1775. The extremities to Avhich the fatal disputes betAveen Great Britain and her North American provinces Avere ap proaching, excited the utmost anxiety and alarm through- -out the Avhole West Indian archipelago. The commercial intercourse between the British islands and the American continent was deemed the most essential to the prosperity, nay to the very existence of the sugar colonies ; as it Avas the only channel through which they could be supplied with articles of the first necessity. The interruption of this necessary intercourse Avas anticipated by the Bar badians with dismal forebodings of the dangers and dis tresses to which it would expose them. Yet during the 1 OF BARBADOES. 367 whole progress of the dispute, the legislature of Barbadoes chap, xil maintained a respectful silence, unwilling to add to the 7?6- perplexities of the ministry by mingling their complaints with those which Avere poured in from every other quarter, or conscious that no application of theirs Avould be regard ed Avhen interests of far greater national importance de pended on the issue of the contest.. The sword Avas, at length, unsheathed, and the com mencement of actual hostilities produced in Barbadoes the most alarming apprehensions of famine.. Early in the pre sent year, an attempt Avas made to ascertain the quantity of provisions on hand in Bridge-to Avn, which was estimated to be unequal to the ordinary consumption, for the short pe riod of six weeks. At this critical moment Captain Payne, an officer in the British service, arrived for the purpose of purchasing provisions and live stock for the use of the troops at Boston, who had endured uncommon distress from the delays and misfortunes experienced by the vic tualling ships from Europe. The permission Avhich this- officer, received from the governor to execute his mission,. excited a considerable clamour among the people.. On the meeting of the assembly, the solicitor-general conv Feb. is. plained to the house of this indulgence,. as a measure calcu lated to endanger the safety of the people, by depriving. them of the scanty means of subsistence which they pos sessed. It was the duty of that house, he said, to adopt measures of precaution, to avert, if possible, the impending: 568 THE HISTORY chap, xh calamity. All trade with America Avas prohibited; our 17J6' internal resources had failed, and self-preservation, the pri mary laAv of human nature, constrained them to husband the remaining stock of provisions, and not to suffer it to be •further diminished. He lamented their inability to supply his Majesty's forces Avith. every accommodation which their situation required ; but, under the existing circumstances, •a gracious prince would not wish us to become victims to an impotent zeal for1 his service. Upon these considera tions, Mr. Duke moved an address to the governor, beseech ing him to prohibit the exportation of the necessaries of 'of life until the island Avas more plentifully supplied. As this could only produce a temporary advantage, the soli citor-general next proposed an address to the King, pro fessing their loyalty and attachment to his Majesty and the constitution of the mother country, expressing their grati tude for the favours recently bestowed on the colony; re presenting the misery and distress to which the bulk of the people must inevitably be reduced, unless relieved by the timely assistance of the King and Parliament; and implor ing his Majesty's gracious interposition in their favour. Both motions Avere unanimously agreed to; but, on the suggestion of the speaker, the farther consideration of the throne was deferred to the morrow. In the meantime the governor Avent to the speaker's town residence, and declared, that if the assembly persisted in -their resolution .of addressing the King, as it would answer 2 OF BARBADOES. '569 nb other end than that of disturbing his Majesty's peace of cJ^^n- mind, he would immediately dissolve the house. But, find- ,776- ing that the speaker and the other members present Avere not of a temper to be intimidated by menaces, he lowered his tone, and condescended to employ entreaties. They Avould make him happy, he said, if they would rescind their reso lution ; adding that he Avas actuated by a friendly motive toAvards the assembly, in Avishing to dissuade them from a measure which he Avas apprehensive Avould be displeasing to the King. Neither threats nor entreaties could divert the assembly from their purpose. They met pursuant to ad journment, and agreed to both addresses. But, notwith standing the unanimity of the preceding day, the address to his Majesty was warmly debated. An address proposed by the speaker, and another by Mr. James Maycock, were both rejected; at length the draught of the solicitor-general re conciled all parties, and was unanimously adopted. But Judge Rowe, Avho professed himself averse from addressing at all, moved that the agent should be instructed to present or suppress it at his OAvn discretion. This extraordinary proposition: was opposed by the speaker. He could not think, he said, of committing the dignity of that house to an agent. If the address was improper, it ought to have been rejected; but noAv, that it had passed the house, the agent had nothing more to do with it than to present it in the usual form. The propriety of this observation Avas self-evident, 3 B S?0 THE HISTORY ^hap. xh yet Mr. RoAve's motion Avas negativep' only by a majority 1776- often to. nine. Mr. Hay,, naturally irritable, Avas highly exasperated at these proceedings. He transmitted to the secretary of state a representation of the circumstances of the country, wholly different from that Avhich Avas. made by the assembly, Avhom he accused of exaggerating the distresses of the people. Not satisfied Avith this expression of resentment, he determined to make Mr. Duke feel the Aveight of his indignation; and ac cordingly deprived him of his rank at the bar as his Ma jesty's solicitor-general... Duke, ever anxious to. involve the. public in his private quarrels, flew to the. assembly for. re-^ dress. He poured fortbbis complaints in an elaborate ar-' gumentative speech, and endeavoured to persuade the house that his dismissal.from .office, as.it Avas the consequence of the faithful exercise of his Jegislative duty, was a direct vio-^ lation of; their privileges.. To, this conclusion the speaker objected. He -lamented that the duty of an upright repre- sentatiA7e of the people should in any.instance be deemed incompatible Avith that- of a faithful servant of the crown? but he denied that the soliciteflvgeneral's ; suspension Avas a> violation of ' the privileges of the house; , On. the contrafy^ considering- the abuses . committed by patent officers, Sip John Alleyne insisted that the governor's power of suspend* ing them was beneficial to the public* and advantageous to- civil liberty. The house concurring in these sentiments,; Mv. Duke could obtain no other satisfaction thai* a reso~ OF BARBADOES. 371 lution, moved by Mr. V; Jones, that his conduct as a mem- CHAP- xh. ber of that house had been such as became a dutiful and l7m loyal subject. Nor Avas this tribute to his merit obtained without difficulty, several of the members thinking it unne cessary, as his loyalty Avas not impeached. The address of the assembly to the King Avas^accompanied by a memorial from Mr. Walker, the agent, to Lord George Germaine, exhibiting a gloomy picture of the condition of the country draAvn by the delicate pencil of Sir John Al leyne. According to this pathetic representation, the poor white inhabitants were on the point of perishing Avith hun ger; those in the neighbourhood of the sea-coast came doAvn in crowds to gather the most wretched of all the fruits of the earth for their subsistence; the negroes, destitute of any allowance for their support, Avere left to plunder or to starye; the cattle had consequently been stolen; the feAv plantane walks and corn fields, which, from partial shoAvers, had produced an early harvest, had been robbed, and the bloodshed that followed the rapine, opened a dismal pre lude to the tragedy that was preparing. These accounts have been accused of exaggeration. The event indeed proved that the apprehensions of famine were providentially relieved. Yet that the condition of the people, especially the lower classes, was faithfully delineated by the pen of the venerable patriot, is still within the recollection of many who were participators in the common calamity. The scarcity of provisions was so alarming, that the governox 3b2 372 THE HISTORY ciiarxii. himself soon after applied to Admiral Young, to facilitate ]776, the importation, by granting passports to vessels laden with American produce. The admiral readily assented to the request; but, to guard against any abuse of the indulgence, recommended an association to carry on the business under his license. This proposal was deemed impracticable ; and, for the want of a sufficient bond of union among the mer chants, the scheme proved abortive. Mr. Duke's dismission was soon folloAved by that of Mr. Shepherd, chief baron of the court of exchequer, for having opposed the governor's nomination of a mercantile gentle^ man to be one of ^the puisne barons. Mr. Miller, who was appointed to succeed judge Shepherd, did not long enjoy his elevation before he fell under his excellency's displeasure,. by declining to preside as chief justice at the court of grand sessions; and, in consequence of some incivilities which he received from the governor, he resigned his situation.. Mr. Francis Cawley Boson, an English barrister, was noAv placed. at the head of the court of exchequer. Nor was it long before Mr. Boson had the misfortune to offend the governor. by appointing a reputable merchant of Bridge-town to fill the vacancy on the bench. The governor, recollecting the objection formerly made to a person of that character, pro posed by himself, peremptorily refused to confirm the chief baron's choice. Boson ventured to urge his recommenda tion ; and, probably, Avith a vieAv of enforcing the necessity of an early appointment, requested his excellency's per- OF BARBADOES. 373 mission to leave the island for the benefit of his health. The C^^J1, extreme inflammability of the governor's temper instantly 1776- took fire at this importunity. He immediately convoked the council, and having laid before them the judge's letters,, proposed his removal from office ; the board readily con curred Avith their irritable chief, and Boson, without the im putation of any crime, was dismissed from his employment* An injudicious attempt made by the governor to screen a public officer from condign punishment, contributed ma terially to increase the ill-humour between his excellency and the assembly. R. Reece, a matross at James Fort, near the Hole Town, lodged a formal complaint in Avrit- ing to Colonel T. Alleyne against W. Dotin, chief-gunner of that division, for having embezzled and sold considerable quantities of gunpowder, and other stores, belonging to the garrison under his command. The colonel, a man of the most inflexible integrity, applied to the chairman of the commissioners of fortifications, who was the captain's own brother, to convene a board for the purpose of inquiring into the truth of the accusation. The chairman, the Honour able John Dotin, afterwards president of the island, having evaded the application, Alleyne determined to lay the mat ter before the governor; and, as a necessary precaution, wrote to Captain Dotin, informing him of his intention to.* suspend him, until he had cleared himself of ^the charges exhibited against him ; and desiring him to deliver the keys of the fort to a person whom he had sent to receive them* 374 THE HISTORY *hap. XII. With this demand Dotin refused to comply, and accom- •1776, panied by his brother, repaired to Pilgrim the next da}% He did not deny having sold the poAvder in question, but endeavoured to justify the act by alledging that it had accu mulated from the usual savings to Avhich the captain gunner Avas justly entitled, as a perquisite of office. To this doc trine the governor readily assented ; adding, by way of sanction, that it Avas a common practice in the navy ; and immediately wrote to the colonel, denying his authority to remove the chief-gunner ; ordering the keys of the fort to be instantly restored to Dotin; and forbidding the colonel's interfering farther Avith the gunners and matrosses than to inform him of any misconduct or neglect of duty in the gar rison. This Avas an unprecedented attack on the colonel's authority. For though the appointment, and of course the removal, of the gunners and matrosses is legally vested in the commander in chief, it had ever been delegated to the respective colonels in their several divisions; the governor only reserving to himself the patronage of the captain-gun ner at Charles Fort, and of the gunner and matrosses at Pilgrim. The receipt of this letter hurried Colonel Alleyne to Pil grim, with the view of entering into some explanation with the governor on the subject; but he found his excellency little disposed to listen to any thing which he could offer for his vindication. Pale with anger and trembling with *age, his excellency accused him of exceeding the bounds OF BARBADOES. 375 of his authority in attempting to displace Captain Dotin, C^^5L and of a. design to destroy a gentleman's reputation and 1776, family, in listening to the idle tales of. dirty fellows. Alleyne had a spirit too noble to submit to such treatment. . He tore the cockade from his hat,, and, indignantly thrusting his commission into the governor's hand, retired, saying he dis dained to hold, ikon such terms. Mr.AUeyne's next care was to submit, his complaints to the only tribunal before which they were, cognizable. The regular application to the proper authority having been made Avithout. success, the only remaining resource Avas in the assembly's interposition to enforce the claims of justice. The house therefore presented an address to the governor, ... Judge Rowe alone dissenting, praying that . his excellency would order the chairman of the commissioners of fortifica tions for Saint James's division to convene a board, for the, purpose of inquiring into the charges, against, the chief gunner. Unwilling; to. push matters -to extremity Avith the assem bly, the governor issued the necessary directions for investi gating "Captain Dotin's conduct.]. A board of commissioners was accordingly. held at Jame fort, at Avhich General RoAve • presided, in the absence of the chairman, and after a minute examination of the witnesses, Captain Dotin was fully con victed of having embezzled the stores entrusted to his. care, and was sentenced to be dismissed from the service. The captain's defence rested on the legality of the savings in the 37g THE HSStQRY chap. xii. disbursements of the powder. These savings accrued by 177S- stinting the guns of one half the customary charge of pow der, and were usually disposed of for the chief gunner's emolument. This was, indeed, the common practice in every division of the island long after Captain Dotin's dis grace. That economy must be bad, which, by with-hold- ing the fair reward of service, compels the officer to seek remuneration in fraud and peculation. Ordinary service, says a great master of political economy, must be secured* by the motives to ordinary integrity. An honourable and fair profit is the best security against avarice and rapacity ; as, in all things else, a lawful and regulated enjoyment is the best security against debauchery and excess*. The breach between the governor and the assembly -was now widened by the receipt of a letter from the agent, in forming the house of his excellency's correspondence Avith the secretary of state, concerning their late address to the Throne ; which his excellency had described as a measure of the assembly alone ; and that the distress of the coun try was not so great as it appeared to them. Mr. Duke took up the matter with his usual warmth and public spirit, and concluded an elaborate harangue, with moving three resolutions. That it is the undoubted right of the general assembly, on all occasions, either separately or jointly Avith the other branches of the legislature, to address the Throne; * Vide Burke's Speech on Economical Reform. i OF BARBADOES. 377 and that Avhoever opposes or obstructs the exercise of this CHAP- XII« privilege is an enemy to the country : that it manifestly ap- 1776> pears that the governor has, by an application to his Ma jesty's secretary of state for the colonies, done Avhat lay in his poAver to intercept his Majesty's relief towards his loyal and distressed subjects of this colony ; That a dutiful me morial be immediately transmitted to his Majesty, in sup port of their former petition. The first resolution Avas agreed to unanimously ; and the other tAVO were voted in the affirmative, by a majority of nine to five. Things Avere in this state when the expiration of the assembly Jed to a general election. On the opening of the Aug. 22. session, his excellency made a gracious and conciliatory speech to both houses. After expressing the satisfaction Avhich he felt at meeting them again ; and his hopes that their zeal for the good of the colony and their knowledge and experience would be productive of such regulations as would be of lasting advantage to the country, he observed that the present conjuncture of affairs must awaken the attention of his Majesty's subjects in every part of his domi nions. All must feel the effects of a suspension of trade with so many of the northern colonies as Avere then in open rebellion ; nor was it possible that the West Indies could be exempt from a large share of inconvenience from the interruption. But such had been the provident care of the King, and both houses of parliament, that every precau tion had been taken for the benefit of his loyal subjects. 3 c 378 THE HISTORY C^^5n* ^e congratulated them on the numerous cargoes which had I776* been recently imported, and the continual showers of rain Avith which the country had been blessed, and which af forded the most pleasing prospect of greater plenty than they had yet enjoyed. Firmly persuaded that the reprej sentatives of the people Avere desirous of promoting the interest and happiness of then- constituents, he earnestly recommended prudence, calmness, and moderation in their proceedings, as essentially necessary to the public welfare. He again urged, Avhat he had often ineffectually suggested to their consideration, the revisal and amendment of their militia laAvs, and the provision of a daily maintenance for the poor prisoners. The speech concluded with an assurance of his cheerful concurrence in every measure which could contribute to the peace, happiness, and prosperity of the country, than which no object Avas nearer to his heart The moderation and good sense contained in every sen tence of this speech, produced no corresponding sentiments October 1. of amity on the part of the assembly. They entered into an injudicious recapitulation of past grievances, in their address to the governor, and commented, Avith unseason able asperity, on his excellency's malign interposition, by Avhich they had been disappointed in the hopes of their sovereign's benevolence, in the hour of distress. Whatever might be his excellency's opinion of the provident care of the King and parliament, they denied that the inhabitants of Barbadoes had received the smallest benefit from theii 2 OF BARBADOES. 37.9 attention. Notwithstanding the supplies, of Avhich his ex- c^^n" cellency had taken notice, they insisted that, from the 177<5' extravagant prices of articles of the first necessity, many of the poor inhabitants had been reduced to the most bitter distress ; and that even the more opulent planters had found great difficulty in procuring the necessary subsist ence for their slaves. They should be happy, they said, in being alloAved to exercise that temper, calmness, and moderation, recom mended in the speech, though they Avere not unprepared, upon the occurrence of any just occasion, to sheAv that sense of injury and spirit of resentment inseparable from the character of faithful, independant representatives of the people. Having, in the course of last session, passed an act for the relief Of insolvent debtors, they thought that they had o-iven sufficient proof of their humane attention to the case of the poor prisoners. They unequivocally declared their unwillingness to revise or amend the militia bill, from the difficulties and distrusts that arose in their minds against the undertaking; which, they acknowledged, Avere ra ther increased, than lessened, by every fresh impulse to re move them. In the principle of personal attachment, by which the privates Avere bound to their officers, they con ceived that every legal deficiency might be supplied. Nor would they consent to renounce a principle so honourable to society in times propitious to the claims of civil liberty in the 3 c 2 380 THE HISTORY CS^aS1' colonies, and enforce obedience by a power congenial only 1776- with the habits of despotic sway. These Avere certainly very extraordinary sentiments for a legislative assembly, professing an unshaken loyalty to their Prince, and a generous zeal for the interests of their country. It rather seemed to be a dereliction of every honourable rule of faction, thus to hazard the public safety, by a Avilful neglect of the means of defence, from motives of personal resentment to their commander in chief. Were all the faults imputed to Mr. Hay admitted, yet the posture of public af fairs was alarming ; and the assembly were bound by every moral obligation, resulting from a sense of duty, to guard againt the danger of invasion. To this- address his excel lency laconically replied, " I have received your address and laid it before the King." 1777. Mr. Walker had rendered himself highly obnoxious to the governor, by the promptitude with which he presented the assembly's addresses to the King, and still more by the free dom with which he had censured his excellency's conduct. The annual measure of appointing an agent, soon furnished; the governor with an opportunity of indulging his resent- Jan. 21. ment, by refusing his assent to the bill Avhich had been una nimously passed by both houses, nominating Mr. Walker their agent. His excellency, at the same time informed the assembly, that he was ready to concur in the appointment ofiany other person. They immediately voted an address* OF BARBADOES. 38] in Avhich, after an eulogium on the superior talents, and CHAP. xii. faithful services of their agent, they requested his excellency I777« would communicate to them his reasons for disapproving their choice. To Avhich he briefly replied, " that his reasons had been laid before the King." Upon the receipt of this succinct message, Mr. T. Alleyne Feb. is. moved the house to come to the following resolution ; that after their full experience of the uncommon zeal and extra ordinary ability of Mr. Walker, in his official capacity, they could not renounce their nomination of him, and proceed to another choice without an act of injustice to so Avorthy a servant of the public, an injury to the country, and a dis- hOttour to themselves. The motion Avas opposed by Mr. D. Maycock. He knew of no circumstances, he said, that ought to prevent a discharge of their duty ; and as occur rences might happen to make the appointment of an agent absolutely necessary, if Mr. Walker could not be replaced, they must either elect another and violate the resolution ; or adhere to the resolution, and have no agent ; by which they would, indeed, to use the language of the motion, do injury to the country and dishonour to themselves. The speaker thought the resolution justifiable in its full extent. The assembly, he said, were bound in justice to Mr. Walker, in duty to their constituents, and in honour to themselves, not to sacrifice an old and valuable servant to private considerations. By a too ready submission to so great a loss, thev would appear to make a virtual surrender S82 ^THE HISTORY' civ^^11, of the constitutional right of choosing their own ageiit, or i7'7- utterly destroy the salutary effects of that indispensible pri vilege. For should the assembly passively consent to name another agent, should they thus requite the services of one whose fidelity to their interests Avas his only fault, what re turn could be expected from his successor, but that he should betray his trust, encouraged by such an example of their treacherous imbecility. These arguments prevail ed, and the house agreed to the resolution. But in little more than twelve months they Ave re guilty of the very in consistency which Mr. Maycock's prudent foresight endea voured to prevent; and Mr. Samuel Estwick, after some opposition from the friends of Mr. Brathwaite, Avho Avas also put in nomination, Avas appointed agent. The unnatural contest in which Great Britain Avas en gaged Avith her revolted colonies, exposed the Barbadians to innumerable dangers and hardships. Their commerce Avas ruined, and their coasts insulted by rebel privateers. One of these had the temerity, under cover of the night, to venture into Speight's Bay ; but, being discovered, and April ss. fired at from Orange Fort, she retired Avithout doing any other injury than carrying off a negro man, who Avas found sleeping in a boat in the harbour. This attempt Avas soon folloAved by another, less daring, but more injurious in the June 12. event. A small American schooner appeared off the north end of the island, and captured several fishing boats, with many valuable slaves on board. The loss was estimated at OF BARBADOES. 383 two thousand pounds, and fell principally on a useful class c™*^jL of people, Avhose subsistence, and that of their numerous im- families, depended upon their success in fishing. These alarming attempts excited the apprehensions of the inha bitants of Speight's ToAvn for their safety. They concurred in a petition to the assembly, representing the danger to which they were exposed from the defenceless state of the toAvn, and its vicinity, and praying that the. house would take proper measures for their effectual protection. This irregular mode of proceeding, gave rise to another •no less singular and unprecedented. Having taken the prayer of the petition into consideration, together Avith the state of the public finances, Avhich they deemed inadequate to provide for the defence of their coasts, the assembly adopted the strange resolution of applying, through their speaker, to the naval commander on tlie station. The governor certainly Avas the proper person to whom the coni=- munication, in the first instance, ought to have been made, and from whom the application to the admiral ought to have proceeded. But, Avithout the smallest attention to his excellency, Sir John Alleyne, avIio, in pursuit of the public good, lost sight of every other consideration, readily under took the task of representing to Admiral Young the defence less state of the country, and the depredations committed on the property of its inhabitants ; and concluded a highly complimentary letter, Avith soliciting his particular attention to the protection of Barbadoes. The admiral's reply Avas 384 THE HISTORY chap. XH. p0Hte, and expressed his concern that he had been hindered 1777, by the nature of the service in which his squadron had been employed, from preventing the injuries complained of, but promised that he Avould station a frigate to cruize round the Island for its more effectual security. For this deviation from official routine, Sir John Alleyne was honoured with the thanks of the assembly, unanimously voted in a full house. 1778. The repeated applications of the assembly to the British. ministry for relief, were at last attended with success. By an order of the lords of the privy council, Mr. Atkinson, one of the government contractors, purchased three thou sand barrels of flour, three thousand barrels of herrings, and a large quantity of pease and beans, and consigned them to the governor, to be sold under his direction at prime cost; the money to be received, and remitted to the per son appointed by their lordships to transact the business*. Jar£2o. Upon the receipt of this seasonable supply, for the sup* port of their slaves, the governor, council, and assembly, concurred in an address to the King, expressing the warm est acknoAvledgments of grateful hearts for this gracious proof of condescending attention to the wants of his faith ful subjects in this distant part of the empire ; with the most fervid assurances that, however impoverished and en- * To the honour of Mr. Atkinson, let it be remembered, that he refused to accept the usual commissions, on shipping these goods. OF BARBADOES. 385 feebled by calamity, inclination as Avell as duty Avould c^^n> prompt them to testify their unshaken loyalty to the best of sovereigns, and to oppose all disturbers of the ease and hap piness of his government. Not to be inattentive to the opportunity of profiting still more by his Majesty's paternal tenderness, the council pro posed an humble address imploring his Majesty to recom mend to his parliament the measure of putting this ancient and loyal colony, noAv much distressed by unaA^oidable calamities, on a footing Avith all the other West Indian Is lands, in regard to the duty on their staple products. This proposal Avas eagerly embraced by the assembly, though it might probably have been more decorous to have laid the effusions of gratitude at the foot of the throne unattended by any solicitations for additional proofs of the royal benevolence. The supply of provisions was accompanied by a propo- _ sal very inconsistent Avith the benevolent disposposition ma nifested by that partial relief. Mr. Hay Avas directed by the secretary of state to demand of the assembly an alloAv- ance for the support of such rebel prisoners as should be brought to Barbadoes. Thus, Avhile relief was adminis tered Avith one hand, an attempt Avas made, on the other, to exhaust the country still more by an accumulation of its burthens. In obedience to these orders, the governor used every effort to persuade the assembly to assume the charge of providing for the prisoners. But, with a firmness highly 3 D 386 THE HISTORY chap. xh. commendable, they resisted every solicitation on the sub- 1778- ject; and, as no provision had been made by the British government for securing and maintaining prisoners of war, his excellency Avas obliged to advance considerable sums of money out of his OAvn pocket for their support. The encouragement openly given by France to the rebel lious colonies in North America, having rendered a Avar be tween Great Britain and that kingdom inevitable, Mr. Hay summoned a meeting of the general assembly for the pur- May 28. pose of submitting to them the necessity of adopting effec tual measures for the security of the country. At the open ing of the session he had Avarned them of the approaching danger ; and as the colony was exposed to insults and in jury from American pirates, he earnestly recommended, that provision should he made for repairing the forts ; and, above all, urged a due attention to the militia as the most consti tutional means of defence Avhich they could possess. As these admonitions had made no impression on the assembly,. his excellency again exhorted, them to exert themselves in the cause of their country, and to strain every nerve in the defence of its territories, navigation and trade. The repa ration of their forts, and the organization of their militia, were again recommended in the strongest terms. But ar guments and entreaties Avere equally vain. The assembly seemed noAv to have regained their good humour. Their answer to the speech was unusually civil and respectful ; but, Avhile they lamented their insecurity, OF BARBADOES. 387 they persisted in asserting their inability to guard against CHAP.xn. those dangers Avhich threatened them. To put their fortifi- 177S- cations in an efficient state of defence Avould cost more> they said, than the country Avas able to afford. And al though they admitted the utility of a militia, properly organized, and Avell disciplined, they asserted, that the le gislature, after repeated attempts, had found it impracti cable to make any material alteration in their military sys tem Avithout increasing the inconveniences and hardships on individuals. After some common-place professions of zeal and loyalty, they calmly informed his excellency, that such was the exhausted state of the public coffers, and the un fortunate circumstances of the people, that their sole re liance must be on his Majesty's goodness for protection. Nor Avould they consent to increase the public burthens by new taxes, or additional articles of expense, until Avar should be actually declared against France. These senti ments ill accorded with their late loyal declarations of op posing all disturbers of his Majesty's government. That a British legislative assembly should be so perfectly insensible of the blessings of civil libert}r, as to hazard its enjoyment by a pertinacious adherence to an erroneous sys tem of economy, and to talk of arming only when the ene my should be at their gate, are facts scarcely credible, Avere they not authenticated by the minutes of their proceedings. published by their own authority. Nor can it fail to excite the astonishment of posterity, that the representatives of a 3d % 38& THE HISTORY c^^Jr« free people should prefer individual conveniericy to the I778> public safety, and risk, the whole of their property rather than sacrifice a part for the preservation of the rest. That public virtue, says the elegant Gibbon, which, among the ancients, Avas denominated patriotism, is derived from a strong sense of our OAvn interest in the preservation and prosperity of the free government of which Ave are mem bers. But among the Barbadians, the only patriotism knoAvn, at the period of Avhich we are speaking, seems to have consisted in an opposition to the measures of govern ment, and an endeavour to promote the voluptuous ease of mercenary individuals at the hazard and expense of the country. The assembly Avere not, hoAvever, left long in a state of uncertainty respecting the hostile designs of France. Cre dible information was received early in September, that Avar^ had been proclaimed at Martinico on the fifteenth day of * August. This Avas soon succeeded by more alarm ing intelligence-. The Marquis de Bouille, governor-gene- Sept. 7. ral of ' Martinico, with a body of two thousand men, trans ported in four frigates -and fifteen sloops, passed over to the valuable island'of' Dominica* and commenced an imme diate attack on its half-manned batteries. The Aveak and defenceless state of' the garrison left Governor Stuart no other alternative than to make the best terms he could Avith the invaders. The articles of < capitulation Avere easily ar ranged, and Dominica Avas surrendered to the arms of his OF BARBADOES. 389 most Christian Majesty, on conditions the most favourable chap.xii. to the eapitulants. This important conquest Avas achieved ms# while Admiral Barrington, with two ships of the line, and some frigates, was lying inactive at Barbadoes, Avhere he had been waiting two months for orders from the lords of the admiralty. But surely the French declaration of war precluded the necessity of orders; and had the admi ral, on receiving notice of that event, put to sea Avith his squadron, and continued to cruise off Martinico, there is not a doubt that he would have frustrated the design on Dominica. On the meeting of the assembly, the governor informed Sept. is. them of the recent capture of Dominica ; and availed him self of that opportunity to enforce his former recommenda tion concerning the forts- and the militia. " Nobody," said his excellency, in his plain blunt manner, " laments the unhappy situation of many of the inhabitants more than I do, but the island is still the same ; the lands and posses sions are still of importance ; and these are the proper objects of the legislature,. Avhose duty it is to use every ef fort to put the island in such a state of defence as time and local circumstances will admit of; for should they be torn from us then shall Ave be poor indeed." The proximity of the danger noAv aAvakened the fears of the assembly. The moment had noAv arrived when it confessedly became their interest, as well as their duty, to prepare in the best man ner, for their defence. Yet, at this alarming crisis, and 3po THE HISTORY chap. xii. after such an acknowledgment, they resolved that the for- i77S- tifications, in their utmost extent, Avere unnecessary and irre parable ; that the guns and matrosses belonging to the most useless of them, should be removed to places of more importance ; that intrenchments should be throAvn up on the most accessible parts of the coast ; and that the sum of six thousand pounds should be raised to defray the expenses of these preparations. The payment of the gunners and matrosses salaries which was provided for out of this fund, left a small surplus ap plicable to any other purpose. And of this balance no in considerable proportion was consumed in paying the Avages of the supervisors employed in directing the throAving up of sand-banks on the Avestern part of the island. Such Avas the extreme jealousy entertained of the executive poAver, that the assembly inserted a clause in the bill Avhich they framed in these resolutions, enacting that the money should only be paid on being addressed for by their house. But, on the council's rejecting the bill on that account, they waved this unconstitutional claim. Nor did they affect to dissemble their unAvillingness to attempt any innovation in their military system; " averse," as they expressed it, " even under the most pressing exigencies, from resolving, after the deliberation of a few days only, on points essential in the minds of a free people, to their greatest happiness." Melancholy indeed, said the speaker, upon presenting the bill for the governor's assent, are the circumstances of these OF BARBADOES. 591 times, compared Avith the flourishing state of the country C*^^3I* in the last war; Avhen, upon a requisition from the CroAvn, 1778" the assembly Avere able to raise a capitation-tax of seven shillings and sixpence upon slaves, to defray the expense of a body of our OAvn forces, sent upon the expedition against Martinico, although Ave now find a difficulty in raising a levy of fifteen-pence to protect ourselves from invasion. Sensible of the danger to Avhich the islands in the West Indies Avere exposed, Sir Henry Clinton, on the approach of winter, detached five thousand troops from New York, under the command of General Grant, for their protection. The transports, Avith the troops, Avere convoyed by Commo dore Hotham, with five sail of the line, and some frigates. On their arrival at Barbadoes, Admiral Barrington, Avho Dec. ios assumed the command of the fleet, anxious, by some bold, successful stroke, to compensate for the loss of Dominica, determined, Avithout suffering the troops to land, to pro ceed immediately to Saint Lucia, and attempt the reduc tion of that island r an enterprise of no small difficulty and danger ; but which, from its ultimate success, Avas pro ductive of no less glory to the naval and military officers, and the forces by Avhom the conquest Avas achieved, than advantage to the service, in the ensuing operations of the war in this hemisphere. On the intelligence of this event reaching Barbadoes, the assembly unanimously voted the thanks of their house to Admiral Barrington and General Grant, for their gallant 392 THE HISTORY chap. XH. services ; arid, as a, more substantial proof of their grati- l7?9, tude and esteem, passed an act for furnishing the army Jan. 1.9. ¦¦'¦¦, i and navy, at Saint Lucia, with a gratuitous supply of fresh provisions and live stock. Admiral Barrington, however, having resigned the command to Byron, politely declined accepting the generous donative ; alleging, that the healthy condition of the fleet rendered the intended supply unne cessary ; and that great difficulty would inevitably attend the transporting of it. But on the return of the fleet to, Barbadoes, a few months aftenvards, Admiral Parker, on whom the command had devolved, thankfully accepted the liberal offer, observing to the deputation of the assembly, by whom it was made, that a supply of fresh provisions was extremely necessary for the recovery of the many brave men who were then in a languishing, dying condi tion ; especially as neither soldier nor sailor had eaten a meal of fresh provisions for nearly eighteen months. It must be observed, to the honour of the Barbadians, that, hoAvever reluctantly they submit to the expense and incon venience of defending themselves, they ahvays contribute cheerfully to the accomodation of those who are employed in protecting them. June. The whole of the trade from the West Indies to England having been collected at Saint Christopher's, the immense value of such a numerous ffleet induced Admiral Byron to employ his Avhole squadron in convoying them a consider ably part of their voyage. However wise or prudent the 5 OF BARBADOES. 393 measure might have been, it was productive of the most c*|^311, fatal consequences. Taking advantage of his absence, a m9> handful of French, scarcely exceeding four hundred men, under the direction of a naval lieutenant, were detached from Martinico, for the purpose of reducing the valuable island of Saint Vincent, garrisoned by seven companies of regular troops, commanded by a lieutenant-colonel, besides a militia far exceeding the invaders in number. To this in* adequate, contemptible force, the island was surrendered Avithout the firing of a single shot on either side. Far differ ent Avas the reception Avhich the enemy experienced at Gre* nada. With six and tAventy ships of the line, twelve fri gates, and nearly ten thousand troops, Count D'Estaing made a descent on that island. The whole force which juiy2» Lord Macartney, the governor, had to oppose to this pro digious armament, consisted of about one hundred and fifty British soldiers, and not quite four hundred mili tia. The defence, hoAvever disproportioned the means, Avas obstinate. Advantageously posted on an eminence, the brave defenders of their country, repulsed a formidable column of French troops, headed by D'Estaing in person ; but the numbers of the assailants prevailed after a Avelh contested dispute of mote than an hour. A capitulation was then proposed ; but the governor and the principal in habitants preferred surrendering at discretion, to submitting to the dishonourable terms dictated to them by the haughty D'Estaing, in the pride and insolence of conquest. 3 e 394 THE HISTORY chap. xii. These transactions produced a considerable "sensation in 11 779' Barbadoes, and increased the anxiety of the governor for the safety of the colony. He immediately convoked the legis- juiy 22. lature, and represented to them, in the most forcible man ner, the danger to Avhich the island Avas exposed by the progress of the enemy in their vicinity ; and particularly from the recent injury sustained by Admiral Byron's fleet, in a partial action with the French off Grenada, after his return from convoying the trade to a certain latitude, which had, compelled him to retire to Antigua to refit. With the internal resources Avhich Ave possessed, his excel lency Avas persuaded, that a vigorous defence might be made, in case of an attack, and that the island might hold out until it should be relieved by the arrival of naval as sistance. As preparatory measures, he recommended pro viding tents for the men ; raising entrenchments ; building redoubts at proper distances ; and particularly proposed pur chasing a spot of land, in some convenient situation, for a grand redoubt and general dep6t of ordnance, ammunition, and provisions, to Avhich the whole army might retire in case of necessity. As the militia were raw and inexperienced, he advised, that they should be more frequently assembled and instructed in the use of arms, and submitted to the consideration of the assembly, whether, in the present cri tical posture of affairs, a temporary enforcement of mar tial laAV Avere not necessary ? To evince the utility of a m\- OF BARBADOES. 395 Htia, under proper regulations, he referred to the rebel CHAP- XIL army in America, composed entirely of militia, and yet l779, successfully fighting behind entrenchments and strong re doubts against veteran troops. The house Avere at last awakened to a due sense of the dangers Avhich surrounded them. They immediately re solved to provide tents for the men, to throAV up entrench ments, and build redoubts ; to arm a proportion of effective negroes, to call out the militia one day in every week for four months ; to equip tAvo small vessels to Avatch the motions of the enemy, to provide an additional stock of gunpoAvder, and to purchase land for the purpose suggested by his excellency. But they thought that the adoption of these vigorous measures rendered martial law unnecessary. To give effect to these resolutions, they voted the sum of July 26, fourteen thousand pounds, one-half the money to be raised in the course of the ensuing year, and the balance the year after*. Bills Avere immediately prepared agreeable to these resolutions, and Avere passed Avith the greatest unanimity by both houses. By the additional ]evy bill, five members of council, and seven of the assembly, or any five of them, were appointed commissioners to carry the plan of defence into execution, Avith full poAver to borrow money, on the pub lic faith, or to contract for such articles as were required * The minutes of the assembly say ten thousand pounds; but the law, which was passed on the occasion, fixes the sum at fourteen thousand. 3 b 2 396 THE HISTORY chap. xii. for its completion, until the taxes laid by the act could be l779- collected. A sufficient quantity of land was accordingly purchased* in the parish of Saint George ; and the building of a grand - redoubt, called Fort George, was begun, to serve as a general depot, in case of invasion. But his excellency lived not to see the completion of his patriotic plans. In the midst of those preparations, which he had so often stenuously recommended, he Avas arrested by the hand of death, and removed from all the grandeur, bustle, and October 24. contention of this world, to the mansions of eternal peace. The early partner of his bed, died in Barbadoes, on the eleventh day of October, one thousand seven hundred and seventy-five ; upon which occasion his daughters, returned to England, and his excellency, soon after, married Miss BariiAvell, a beautiful Barbadian, whose personal accom plishments attracted his admiration, and compensated the Avant of rank and fortune. It does not appear, that this. lady's sorroAvs, for the loss of her deceased lord, experienced any alleviation from those marks of public favour which- have been occasionally shewn to the family of governors. not more deserving than Mr. Hay. The character of liis ex cellency presents the eye of 'candour with a tesselated scene of good and evil. Of a temper irritable, impetuous, im placable, and vindictive ; the extreme roughness of his manners Avas little calculated to conciliate the esteem of a proud, high-spirited people. The violence of his passions,,. OF BARBADOES. 397 often hurried him into improprieties which justly gave chap.xil offence, and for Avhich he had neither liberality of mind, 1779* nor strength of understanding, to atone. Yet it must be alloAved, that he Avas a man of honest, upright intentions,. zealously attached to the interests of his country, faithful to his prince, anxious to promote the happiness of the people, and to provide for the public security. The period of Mr. Hay's administration is not distin guished by any peculiar traces, of legislative wisdom. Of forty-one laws which received his assent, twenty-seven were temporary, and of the remainder six relate to one ob ject, the improvement of the mole-head ; and yet the plan is either extremely defective and ineffectual, or, from an entire dereliction of public spirit, "Avhich fatally pervades every department of our little state, is miserably neglected and abused in the execution.. Of the other laws one only is entitled to particular notice; this is the hucksters', or, as at is sometimes called, the inspector's act. By this law an exclusive tax Avas laid on the shop-keepers of Bridge-Town, to be proportionably rated by the parochial vestry, and annually paid into -the public treasury*. It Avas also enacted, that any free negro or mulatto Avho shall buy any live or dead stock, fruits, roots, or vegetables, or other things, to sell again, without a license from the treasurer,. * This olau9e has been since repealed^ 398 THE HISTORY C^^_^!/L shall, besides the goods bought or sold, forfeit ten pounds for every offence. And the treasurer is authorized to grant an annual license to any free negro or mulatto to carry on the business of a huckster, upon receiving a duty of ten pounds, applicable to the uses of the excise act, besides a fee of one pound fb^e shillings for his trouble. The object of this heavy impost Avas to discourage, and in effect to prohibit, the nefarious traffic carried on by coloured huck sters. Mr. Duke, by Avhom the bill Avas introduced, saAV early, and endeavoured to avert, the evils Avith which the rapid encrease of free coloured people Avas pregnant. To the penetrating eye of that enlightened statesman it was clear, that the encouragement given to that spurious race, Avould ultimately deprive such of the Avhite inhabitants as were employed in the menial occupations of life, of the means of subsistence, and-, by forcing them into exile, exhaust the country of the best portion of its physical strength. In this state the bill was sent up to the other house for its concurrence ; and though it Avas evidently a money bill *, * Under the denomination of money-bills, are included all those by which money is directed to be raised upon the subject, for any purpose, or in any shape what soever ; either for the exigencies of government, and collected from the kingdom in general, or for private benefit, and collected in any particular district. Black. Comm. vol. 1. p. 170. This rule, says Cliristian, in his notes upon Blackstone, is now ex tended to all bills for canals, paving, poor rates, and those in which pecuniary penal- OF BARBADOES. 399 the council inserted an amendment, extending the clause, c^j^\^}' respecting free negroes and mulattoes, to all Avhite huck- 1779, sters; Avho, in default of taking out a license, were made liable to a forfeiture of fifty pounds, from Avhich penalty the coloured retailer Avas exempt. This was undeniably a most vmparliamentary interference, but the assembly, taken by surprise, or heedless of their most invaluable privi lege, silently submitted to the invasion of its funda mental right, and unanimously acquiesced in the proposed alteration. The avoAved object of this arbitrary, partial and uncon stitutional amendment, was to reduce the number of huck sters by the imposition of an oppressive tax, Avhich few of them Avere able to pay. In support of the measure it Avas alledged, that the hucksters Avere receivers of stolen goods, and their shops the asylums of fugitive slaves. The legisla ture therefore piously determined to destroy those petty re tailers, Avho eked out a scanty subsistence by revending a feAV articles of the first Necessity, and, to preserve their morals, condemned them to hunger and nakedness. Should the ties and fines are imposed for offences. 3 Hatsel 110. And the commons have been* at all times, so tenacious of this privilege, that they never suffer the lords even to make any change in the money bills, which they have sent to them ; but they must simply and solely, either wholly accept or reject them. De Lolme on the Constitution, p. 67. 400 THE HISTORY chap.XH. hucksters be guilty of the crimes imputed to them, there ate 1779. laws sufficient for their punishment, without resorting to a measure which threatens them with extinction. Far from being those pests of society Avhich they are represented to be, they are an useful description of traders. Through their medium the poor and middling classes of people, and even the opulent householder, are daily supplied Avith articles of domestic accommodation, and the sable labourer obtains the comforts of his abject condition. Here he barters the crude, unsavoury, substantial allowance of the plantations for more ( palatable and nutritious food ; and, no less fond of variety than his epicurean master, indulges his satiated appetite Avith a change of diet ; refreshes his drooping spirits ; and reno vates his almost exhausted vigour. Let not the hapless slave be denied these needful comforts by an absurd, unna tural policy, Avhich Avould confine him to feed perpetually on the productions of the soil. Were this laAV enforced with a spirit, congenial to that in which it originated, its operation must inevitably produce the most pernicious consequences Many of those who are employed in retail shops, are Avomen, aged and infirm per sons; and others, Avho, having been brought up to no pro fession, or having failed in higher pursuits, are destitute of every other means of supporting the Aveary load of life. The capital thus employed, is in very few instances equal to the sum required for a license. They depend for subsist- 5 OF BARBADOES. 401 ence on the small profits accruing on the revendition of a chapxh. feAv articles procured on credit, from the credulous mer- 1'79- chant, or the humane Avholesale dealer. Consequently, if the duty be exacted from them, they must shut up their shops, and remain in idleness and indigence, Avhilst their helpless offspring become burthensome to their parish*. There are others again, Avhose larger stock in trade Avill enable them to pay the price of a license, and continue their business Avith encreased advantage. By diminishing the number of retailers, the law tends to lessen, if not to destroy, that competition in the market which is ahvays found beneficial to the bulk of the people. And the opu lent huckster, Avho complies with the exaction, will triumph in the privileged monopoly ; and, by extorting from those who are driven to his shop by necessity, will amply reim- burse himself for the expense of the license, and groAv rich * Previous to all the laws of society, man had a right to subsist ; and is he to lose that right by the establishment of laws ? To wrest from him, by a tax, the means of preserving .life, is, in fact, to affect the very principle of his existence. By extort ing the subsistence of the needy, the state takes from him his strength with his food- It reduces the poor man to beggary, the labouring man to idleness, and makes the unfortunate man become a rogue. Raynal's History of the East and West Indies, •osl. 8, p. 270. 3 p 402 THE HISTORY chap.xh. on tne Sp0iis ©f the community. Hence, as a regulation r719' of police, the laAv is absurd, impolitic, and inhuman. Nor is it less objectionable as a financial expedient. The grand leading principle of taxation is, that every one should be assessed in proportion to his property and income. But, by this laAv, an annual capitation tax, of all modes the most arbitrary and unjust, is imposed on a particular class of traders, Avithout any regard to their capital, or the profits of their business. To add to its ob vious injustice, the tax is confined to persons who, besides their parochial levies, are annually rated for the support of government, by their respective vestries, on oath, in pro portion to their trade and ability. But as this impost falls on indigence and industry, Avhile it passes by the door of wealth and indolence, its, manifest inequality can-. not escape observation. The poor tenant of an humble shed, who earns his daily support by the precarious reven dition of a few provisions, is here taxed beyond all reason able proportion, with the Avealthy merchant, or the opulent possessor of an hundred slaves. The bill Avas passed with such precipitancy, that th6 people without doors, ignorant of what was doing Avithin, had no opportunity of deprecating its vengeance. But no. sooner was it knoAvn, than the door of every huckster's shop in the island was shut, except a few in the metropolis, the owners of Avhich availed themselves of the sanction of OF BARBADOES. 403 hcenses to enhance the value of the common necessaries of chap. xh. life. The members for St. Michael's Avere instructed, by 1779 some of their constituents, to move for a repeal of the ob noxious clause; and the most respectable inhabitants of Speight's Town, concurred in a petition to the assembly for its abrogation. These applications Avere ably supported by Mr. Duke, avIio, in an excellent argumentative speech, after obviating every objection on the plea of consistency, proposed some modifications of the tax in question. But the house was deaf to his reasoning and his eloquence. They Avould not, formally, consent to rescind an act so recently adopted ; but it Avas hinted, that the penal clause Avould never be enforced. This assurance, though it quieted the apprehensions of the hucksters, Avho thereupon resumed their occupations, affords them no security. They are still liable to be over whelmed Avith ruin, by any malicious informer, Avho, from personal pique, pecuniary considerations, caprice, or ma levolence, may insist upon having the laAv enforced. The worst tyranny is that of bad laAvs suspended over our heads, by a single hair, Avhich envy or revenge may sever at dis- cretipn. It is not enough that such laAvs should slumber in oblivion ; they should be repealed. While they are ex tant, they afford the means of oppressing the poor Avith facility, and furnish the vindictive Avith convenient instru ments of revenge, whenever he will avail himself of the 3 f -2 404 THE HISTORY chap. xii. opportunity of prosecuting the disaffected person, under 1779, some one or other of the many statutes, which, hoAvever useless, remain dormant, like unextinguished volcanoes, ready to pour destruction on the head of the devoted traveller. OF BARBADOES* 405 CHAP. XIII. THE GOVERNMENT DEVOLVES ON THE HON. JOHN DOTIN SUCCEED ED BY MAJOR GENERAL JAMES CUNNINGHAME THE GOVER NOR DISAPPOINTED IN HIS SALARY QUARRELS WITH THE ASSEMBLY — THE COUNCIL SANCTIONS HIS ILLEGAL CLAIM OF FEES — THE ISLAND ALMOST DESOLATED BY A DREADFUL HURRICANE. U PON the demise of Mr. Hay, the council met for tbe chap.xiii; purpose of administering the inauguration oaths to the 1779. & & October 26, president. Mr. Rous, who had twice filled the dignified station, Avas noAv so enfeebled by age and infirmities, that he prudently preferred the shades of retirement to the hurry and fatigues of public life. In a respectful letter, addressed to the council, he signified his resignation and enclosed his mandamus; Avhich he requested they would transmit to his sovereign. The government of course devolved on the Honourable John Dotin, the member next in succession to the presidential chair; he was accordingly invested with the ensigns of authority, and commenced his administration with an economical reform. He abolished the expense of oil 1 406 THE HISTORY, c^^nL for the use of the lamps at Pilgrim; an act which Avas extolled as a noble proof of his generous regard for the in- terest of his country. Nov. 2. The assembly, Avhich Avas near the period of its dissolu tion, having met for the purpose of making a suitable pro vision for supporting the dignity of the presidency, Mr. Duke moved that the sum of one thousand pounds a year should be settled on Mr. Dotin during his administration. He insisted that it Avould be the highest folly, under the existing circumstances, to give the next governor a salary equal to that Avhich had been hitherto given ; and that it would be prudent to begin the retrenchment noAv, when the executive power Avas lodged in the hands of a native ; no exception could then be taken by his successor at a eon- duct so free from any appearance of partiality. These arguments were far from pruducing the desired effect. The motion was rejected by a large majority ; and the salary fixed at fifteen hundred pounds. ±780. A general election having taken place, Mr. Duke em braced the earliest opportunity of their meeting to press the reduction of the governor's salary on the attention of the neAV assembly*. The proper time, he insisted, to agitate * The proceedings of this assembly form such an interesting part of our colonial transactions, that curiosity may naturally enquire their names. These were, Val. Jones and H. Duke, St. Michael's; J Burke and T. Burton, Christchurch; S^W-jflcott and R. Haynes, Si, John's; Jos. Gittins and J. Wood, St. Philip's; James C. Cox OT BAHBADOES. 407 the question was before an appointment had been made ; CHAP.Xiii' the Aralue of the government would then be known at the 1780, moment that it Avas solicited ; their, proceedings would be free from any suspicion of prejudice ; no offence could be taken nor disappointment felt by the gentleman Avho should be selected to administer the government. As guardians of the public purse, there Avas an obligation upon the mem bers of that house, he said, to adjust the public expenses to the poAver and ability of those who Avere to pay them. The poor man contributed in an equal proportion, Avith the wealthy, to the support of government; it Avas their duty to look to the -community at large, and to form their judg ment upon that comprehensive view. The unfortunate con dition of the bulk of the people rendered the strictest fruga lity necessary. He Avished not to dwell upon a detail of distresses and calamities. Every one who heard him must have seen and felt enough to render such a recital super fluous. After some additional observations, Mr. Duke moved three resolutions, in substance as follows : That the people, reduced by a variety of misfortunes, Avere now unable to pay a governor the same salary as had been for— and Rob. Burnet Jones, St. George's ; T. Alleyne and B. Bostock, St. James's; W. Gibbes Alleyne and R. Ashford, St. Thomas's; S. Hinds andli. Walke, St. Peter's; B. Babb and S. Husbands, St. Lucy's; Sir John Gay. Alleyne, speaker, and A. Cum- - betbatcb, jun. St. Andrew's ; J. Steward and Edmund Haynres, St. Joseph's, % 408 THE HISTORY chap.xiii. merly alloAved ; that tAvo thousand pounds were the most 17SQ. which they could afford to settle on the next governor; and that a copy of these resolutions should be transmitted to the agent for the information of the secretary of state for the colonies. These resolutions Avere opposed as being prema ture and inefficient; and, on the previous question being- moved, the house refused to take them into consider ation. Feb. 23. At their next sitting the assembly receiA>ed a message from the president, stating, that it being his Majesty's in tention to station troops on the island for its protection, the eighty-ninth regiment had been landed ; and that he had provided them Avith quarters; not doubting that the assem bly Avould approve of the measure, and defray the expenses of their accommodation. This called up Mr. Duke. With the utmost respect for the parent state, he found himself under a superior obligation to his native country. He Avas averse to any neAV article of expense, Avhich, however small in the outset, may increase in its progress. Jamaica had burthened itself Avith the maintenance of troops under an idea that it was a temporary provision for a particular exigency, but the load Avas fixed upon it and was likely to remain. Conscious of the inability of the people to bear any fresh impositions, Mr. Duke opposed the proposal for quartering the troops, as a measure productive of one cer tain evil, and of many that were probable, Avithout any pros- OF BARBADOES. 409 pect of advantage. The house,' hoAvever, thought differently, chap^xhi. and a committee Avas appointed to provide barracks for the l78°- troops at the expense of the colony. ' On the next meeting of the assembly the president sent March 21. doAvn another message to the house, announcing the ap pointment of Major General James Cunninghame, to the government of the island, and requesting that they Avould prepare for his reception. A similar communication Avas soon aftenvards received from the agent, accompanied by the most favourable representations of General Cunning- hame's character, his friendly disposition towards the peo ple, and his professed inclination to render his government easy and happy to them. To this was added, an account of the steps taken by the agent himself, to obtain a remission of the four and a half per cent. duty. Mr. Estwick had submitted to Lord North a statement of facts relative to that impost, and proposed, as a commutation of the duty, a general tax of three pence a hundred upon all sugar- im ported from the West Indies. Lord North appeared to think that the proposal Avas fair and eligible; and that there could 'be no reason Avhy the other islands should not' con tribute to the revenue equally Avith Barbadoes. His lord ship, however, having taken no steps in the business, Mr. Estwick added, that he had intended? to bring the matter before the house of commons himself; but that it had been indirectly conveyed to his knowledge that General Cun ninghame would carry out full poAver for the settlement of 3 G 410 THE HISTORY c^^Jn* *ne zff&i* on thg islands And he understood the terms 178a were, that the islands subject to this impost, should engage to raise a fund sufficient for the payment of the pensions granted upon the duty ; that no additional grant should be made ; and that as the pensions dropped off, the fund should eease. These he observed were considerable, and some of / them, for two or three lives. July 10. While every mind Avas anxiously anticipating the halcyon days that were approaching,. General Cunninghame arrived, and the illusion vanished. The hopes which had been fondly cherished before his arrival,, derived a temporary confirmation from his specious manners. Bred in camps, he possessed the imposing politeness, the easy dignity, and condescending affability of the polished gentleman. But beneath that pleasing- exterior lurked a venality of soul which soon obscured every virtue,; and cast a baleful shade over every accomplishment. His excellency landed from on board the Thunderer, Com** modore Walsingham's flag-ship, on Wednesday the twelfth of July. He was received at the wharf by the president and council,* the speaker and the members of the assem- * The membeas of council were, T. Dotin, A. Cumbeibatcli, Henry frere, Ire- neaus Moe, Rob. Brathwaite, W. Senhouse, W. Bishop, John Best, Joseph Keeling* and John Ince. There were two vacancies which were not filled up diujing Cunning- hame's administration. OF BAHBADOES. 411 bly, the principal officers of the militia, and most of the chap.xih. elergy, Avhence they formed a grand procession, escorted 178°- by the guards, the royal regiment of militia, and tAvo com panies of the king's troops, to Saint Michael's church, where an appropriate sermon was preached on these words, " When the righteous are in authority the people rejoice *." His excellency then proceeded to Pilgrim where the usual oaths Avere administered, and he was invested with the go vernment in due form. Ths assembly having met pursuant to a special summons, juiy ^ his excellency commanded their attendance in the council chamber, and addressed both houses in a speech of consi derable length. After professing his sense of the honour done him by his Majesty's appointment to the government of the island, he observed, " the character Avhich your ances* tors have successively transmitted to you, of loyalty to the King, and attachment to the constitution, you have uni formly maintained. The preservation of that order and tranquillity which have reigned so long among you, undis^ turbed by violence and faction, distinguishes the temper and wisdom of yout councils. These circumstances, he added, had recommended and endeared them to their sove- -j- Proverbs, c. xxix. v. 2. His excellency probably thought the sermon a sufficient commentary on the text, and therefore determined that his conduct should be an illus tration of the latter part of the verse; " but when the wicked bearetk rule the people moi'rn." 3gI 412 THE HISTORY chap.xih. reign, Avhose goodness and attention to their Av^ants had irso. been signally displayed in the ample ,supply of provisions which had been sent for their relief, without any charge of transport, the royal present of artillery and military stores for their defence; and the large sums granted for the im provement of the mole-head. To this enumeration of the royal favours, his excellency, by Avay of climax, added an other instance of his Majesty's gracious attention to the island, at a time of public danger, in so speedily sending out a successor to the late governor; and he should be happy, he said, if in executing the Royal commands he might con tribute to the safety and prosperity of this respectable part of the empire. Nor did he omit to remind them of the zeal and diligence Avith Avhich, previous to his leaving Eng land, he had urged every measure Avhich he thought condu cive to the welfare of the island. Having an equal confidence in the wisdom and liberality of the assembly, he refrained from representing to them the necessity of preparing for their defence; or to press for such supplies as the works essential to their safety required for their completion. As the public money Avould ahvays be applied to such purposes as met their approbation, he trust ed they would not neglect to raise sums sufficient for that important service. In their consultations upon this sub ject, he assured them of his readiness to give them all the information and assistance which his professional experi ence enabled him to do. To the expected settlement he . 1 OF BARBADOES. 413 alluded in these words, " Among many instructions which c^^31, I have received from the King, framed for the good and 17S0, Avelfare of the island, there is one Avhich it seems necessary to communicate to you Avithout delay*; I have therefore directed a copy of it to be laid before you. It Avould be indelicate in me to enlarge upon a subject in which I find myself so personally interested. I shall therefore submit it to your consideration, with the hope, that an appointment sufficient to support the dignity of government and your OAvn honour, may be the result of your deliberations +." He had the satisfaction, he said, of bringing from his Ma jesty's ministers, assurances that every attention should be paid to the safety and Avelfare of the colony Avhich its cha racter and importance deserved. The poAverful naval force destined for the protection of this part of the empire pro mised the, most perfect security ; but it behoved them, he observed, to reflect that a state of Avar is ever, in some de gree, a state of danger; and that their confidence in. their sovereign's attention to their safety ought not to abate their exertions for their internal defence. Though he professed * This was the instruction usually given to every governor, allowing him to accept of any salary which the assembly should think proper to settle upon him, provided the settlement be made for the whole time of his administering the government ; and that it be done in the first session of assembly, holden after his arrival. f He had been told before he left England that his salary would be only two thou sand pounds. 414 THE HISTORY chap.xih. to entertain no doubt of their attention to their present sif» i780- tuation, he could edit omit recommending them, in the strongest manner, to frame such a militia bill as should give -them all the advantages derivable from the extensive popu lation of the country. Whatever powers might be lodged in the commander in chief, he pledged himself should be exercised with all the moderation Avhich the nature of the service would justify. He Avould not, he said, trouble them with common professions, his conduct alone must determine the character of his administration ; which he felt would prove honourable to himself only in the degree that he •should make it happy to them. Conformably to the rules of the house, a committee Avas appointed to prepare an answer to the governor's speech against their next sitting, and the assembly, in the interim, proceeded to take into consideration the settlement to be made on his excellency. The house being in a committee, Mr. Duke moved a resolution conceived in these words, *' That the circumstances of the people of this island can not afford a higher settlement upon his excellency, not- Avithstanding the high sense which Ave entertain of his merit, than two thousand pounds per annum, in augmentation of the home salary," He prefaced his motion Avith remarking, that his excellency's gracious speech deserved every testi mony of gratitude which could be given by the assembly, consistent with their duty to their constituents. It must be the Avish of every member of that house, he said, to distin* 5 OF BARBADOES. 4JI5 guish their present commander in chief with a settlement CBAP.xffiv no less liberal than that which, had been made on hk pre- 17S0- decessor ; but acting as they Avere, in a delegated capacity, they Avere not at liberty to consult their own inclinations. They were bound to consider the strength of those by whom the burthen av&s to be borne ; and from the deplor able state of the country, afflicted by a variety of evils na tural and political, the people were noAv unable to make &< provision for the support of government equal to what they had done under happier circumstances. In order, however,, to evince a disposition to treat his excellency with becom ing munificence, in the event of a more prosperous turn in- their affairs, Mr. Dufce moved a second resolution, " Thafc in case his Majesty, in consideration of the many distresses and calamities that had for several years past overwhelmed his faithful and loyal subjects of this colony, should be graciously pleased to relieve them from the payment of. the four and a half per cent., duty on their exported com modities, the assembly Would make an additional provision of one thousand pounds a year for the support of the colo nial government." Both resolutions were strenuously opposed by Mr. R. Burnet Jones, who thought that the annual saving of one thousand pounds in the governor's salary was not an object of sufficient value to induce the house to acquiesce in a. measure Avhich might render his excellency indifferent, if not inimical, to the interests of the country ;., especially al 416 THE HISTORY * chap.xih this particular juncture, when they were; critically circuni- 178a stanced Avith regard to their application for, relief from the onerous impost on their staple products. Mr. Jones profess ed .himself an advocate for economy ; but, as the sum in dis pute Avould not exceed three-pence on each slave, or at most twenty shillings on each plantation, he could not approve of a proposal by Avhich so trifling a saving was put in com petition Avith an object infinitely more valuable. He did not deny that frugality Avas necessary, but recommended that a reform should be made in some other department, in which it might be more productive^ advantage, Avithout the same risk of being prejudicial.*: The salary, he re marked, Avas given for the express purpose of supporting the honour and dignity of government, the house ought there fore to consider that, this being a time of Avar, the expenses of the governor's establishment must unavoidably be increas ed, by the hospitality with Avhich his rank and character made it necessary that he should receive and entertain the officers of the army and navy on the station. . To these solid arguments Avas opposed a presumption, which a very slender knowledge of human nature Avould have shewn to have been entirely unfounded. It was re- .,'•¦.' I', i , 4 * In the expenditure of stores in the differerit forts a saving might* have been made which, far from being detrimental to the public service, would' have reflected credit oii the government. In Speight's division alone the waste ,of powder at this very time ex ceeded the sum in dispute. OF BARBADOES. 41? plied, that the governor would ahvays perform the duties of c^^11, his station uninfluenced by pecuniary' considerations. Nor 1780' could his excellency justly entertain, it Avas said, any re sentment against the members of that house for a conduct evidently proceeding from a sense of public duty. j Actuat ed by that motive, their conduct could neither give offence nor require apology. Wrere only the opulent possessors of slaves affected by the payment of taxes, Mr. Duke admitted, that the reduction proposed Avould indeed be trifling and insignificant; but, as the weight of the burthen would fall heaviest on people of middling circumstances, and others of inferior rank, who found it difficult even to maintain their families, he thought that the smallest saving Avas impor tant, as it Avas essential, to their means of subsistence. On a question so interesting to his country, Sir John Al leyne could not content himself Avith giving a silent vote. Were the committee to be influenced by personal consider ations, the amiable character of General Cunninghame, he acknowledged, claimed the utmost exertion of their bene volence; but when the circumstances of the people were adverted to, he thought their accumulated distresses ren dered them unable to indulge their native generosity. He took a comprehensive survey of the impoverished state of the island; and, with his usual pathos, expatiated on the lamentable scenes of misery which every where arrested the attention. The failure of crops, the long drought at a cri tical season, the privation of accustomed supplies from ' 3 H 418 THE HISTORY CHAP.XIH; Americaj, the wretched; condition of thesJajKes* wijth, respect 178°- to Avhom famine might be said to be stalking through th§ land ; the sale of plantations by decretal orders of the court of chancery for less than two-thirds of their real value, the depopulation of others torn to pieces by executions for debt, were topics, insisted upon with great truth and energy, to sheAv the positive disability of the people to display that liberality in supporting the dignity of their first magistrate,. which they had done in more prosperous times. He remarked that the colonial salary was a free gift of the people ; and that the revenue on the produce of their estates, having been granted to the crown, among other usesr for that of paying the governor's salary, they were under no obligation to raise one shilling for that purpose. In aa historical review of the subject, Sir John shewed that, even in years of comparative prosperity, the salary had ftuetuated according to the temper of the assembly, from two to six thousand pounds. And, although for the five preceding administrations^ the settlement had been stationary at three thousand, the Avorthy Baronet contended that, upon a fair comparison of the condition of the country at the different periods, what had been formerly given might be likened, as a part of oue abundance to the rich, man's portion, said,, in scripture, t© be cast into the treasury; whilst aJA Aye have to give- in this day of calamity must be throAvn in like the poor widoAv's mite. In the course of the debate, Sir John- Alleyne. took occav OF BARBADOES. 419 sion to observe, that the proposed commutation of the four chap.xih. and a half per cent, duty would be far more oppressive than 17so- the original imposition. For, however grievous the duty might be, as it was proportioned to the annual produce of their plantations, it was preferable to a certain fixed sum which must be raised at all events, and under every disap pointment from a failure of crops. Besides, as all sums due to the croAvn were entitled to a priority overall private con tracts, the consequence of a commutation, upon the terms suggested, would be injurious. to the credit of the country, and accelerate its ruin. Precluded from every prospect of "relief from this burthen, by the interposition of superior "feuthority, he insisted that it was incumbent on the assem bly, as faithful guardians of the public interest, to diminish the load for themselves, in every particular under their im mediate controul. On the question being put, the motion for two thousand pounds Avas carried in the affirmative, by a majority of six teen to six; and the second resolution Avas then. agreed to, on a division of eighteen to four. A bill was immediately prepared, agreeable to the first resolution, and, being read three times, passed the house. Judge Gittens, who had re served his sentiments to the last stage of the business, op- p'osed'the bill, because the saving intended by it Avas pitiful Sold impolitic. His excellency, he remarked, had succeeded. 'to the government under circumstances Avhich must neces- ¦ saiily compel him to lite at- a greater'" expense than his pre- 3 n 2 420 THE HISTORY ct^^n/* decessor had done. He had brought Avith him, Mr. Gittens 1780, said, a strong disposition to exert his interest for the benefit of the colony; and his connexions were such as to afford the best grounded expectations that his efforts Avould be successful, if they Avere not obstructed by the ungracious treatment of that house ; which, by a mere parade of eco nomy might stop the genial current of his good intentions, and lose the critical moment of obtaining the Royal favour and indulgence. The bill having been sent up to the other house for their concurrence, Avas returned /with the following extraordinary message: " The council have passed the bill for the better support of his excellency, and the dignity of the govern ment, as they cannot amend a money bill. But they can not help expressing their concern at the injudicious saA'ing therein established, as offering an indignity to government, and doing discredit to the island." The speaker,, attended " by the assembly, waited on the governor, and, after an 'elegant and respectful speech to his excellency, offered the bill for his assent. He' had the honour, he said, of presenting his excellency with a free and voluntary gift of the people, in addition to the usual salary from the Crown, Avhich also arose out of the produce of the lands of this unfortunate country : unfortunate, indeed, when the re presentative body, were obliged to appear; before his excel lency w,ith an offering so much inferior to their inclination and his merit.. But such were the melancholy circumstances OF BARBADOES. 421 6f the people, that Avere a faithful representation of their chap.xih. wretched state exhibited to his excellency's A'ieAv, it Avould 1780* rather serve to shew, that they had nothing to give than to excuse them for not giving more ; especially Avhen the dis appointment which they had experienced in the expected relief from, the heaviest of their burthens ¦, left them desti tute of every resource but that of a rigid and determined frugality in the management of the little that remained. Yet, .of that little, they freely presented him Avith a part, and such a part too as, proportioned to their real circumstances? Avould abundantly testify their high regard for his charac- . ter, and the affection which his amiable deportment had already kindled in their bosoms.. These expressions of esteem were unable to soothe the vexation of disappointment, or to soften a heart indurated by avarice. His excellency replied, " I find, gentlemen,, that you have begun your economical reform, with me. I hope you mean to go on Avith it, as I am persuaded there is an ample field. I flatter, myself you will believe, that I shall endeavour to second you in every measure for the ad vantage of the island; but I shall not give my immediate assent to this bill ; because, by your resolve, I am con vinced, that your attempt to force ministers into a measure which they are certainly inclined to adopt, is more likely to retard than to forward: their good intentions." A more indiscreet answer could not have been returned. Had the governor concealed his chagrin, and received the %. 422 THE HISTORY chap.xih. settlement with a courtesy equal to the politeness wifn i780' which it was offered, there is not the shadow of a doubt, that the assembly would soon haA'e displayed their Avonted liberality, by an augmentation of the salary. It was a mere vapour of economy, which the sunshine of Court fa vour would soon have dispelled. But, whatever difference of opinion may exist concerning the propriety of reducing the governor's salary, it cannot be denied, that the motives which influenced the majority Avere laudable. The condi tion of the country was deplorable and disastrous in the extreme. For a period of seven years, the soil, exposed to fre quent droughts of long continuance, had lost its accus tomed fertility ; and its produce Avas destroyed by various species of vermin, not less destructive than the vengeful tribes which afflicted the Egyptian territory. On the back of these physical ills, a train of moral and political evils ensued. The commerce of the country was almost annihilated by SAvarms of hostile cruizers, Avhich in fested the ocean. The negroes were almost starving ; and the business of sugar-boiling Avas greatly impeded, for want of the necessary supplies of lumber and provisions from America. Many of the finest plantations Avere desolated by the cupidity of rapacious, relentless creditors ; the slaves of the industrious planter Avere sold at public auction for less than half their value, and transported to the Outch 'settlements; their buildings were destroyed ; and some of the fairest pontons of the earth became a barren Avaste, to 5 OF BARBADOES. 423 the utter ruin of their once opulent possessors, and the chap.xih, no l^ss manifest injury of their junior creditors. In this its©. lamentable state of things, prudence imperatively enjoined the most rigid economy, both public and domestic. Yet, on the other hand, Avhen the insignificant advantage Avhich accrued to each individual by the reduction of the gover nor's salary, is contrasted with the benefits resulting • from a harmonious union between the respective branches of the legislature, it is at least problematical, \yhether such a trifling frugality was- worthy the attention of an enlightened legislature. Both houses havmg met, after the usual adjournment, August 2 2„ they embraced the opportunity of addressing the governor in ansAver to his speech. The address of the Council Avas a- nervous,. Avell- written composition, abounding Avith profes sions of attachment to their country, of loyalty and grati tude to the King, and of the most profound respect for his excellency. That of the assembly Avas not less respectful and conciliatory. It acknoAvledged, in the most grateful terms, the many instances of his Majest}r's paternal care smd goodness, particularly in the early and judicious ap pointment of a gentleman, of his excellency's character, Ho the government of the island ; one, in Avhom the most respectable and useful military talents Ayere happily united with such an amiable disposition, as alloAved them to ex- gect the exertion of those peculiar poAvers for their safety, -vjrijjji^ut any fear, of changer to- their, civil rights. But Avhile 424 THE HISTORY chapxhi. ;tney avowed their obligations to their Sovereign and regard 1780. for his representative, the assembly lamented their unfor tunate situation, which deprived them of the means of giving his excellency a more substantial mark of their esteenr, in the provisions made for the support of his dig nity. Yet they indulged the pleasing hope, that they should' be enabled, in some more propitious hour, to testify the warmth of their regard to his entire satisfaction. They acknowleged the propriety of attending, as far as may be efficacious, to their internal defence, and promised, agree ably to his excellency's recommendation, to adopt some more practicable plan of rendering' their military force ef fective. But they peremptorily declared their unalterable determination, after the immense sums Avhich they had al ready voted for the use of the fortifications, to raise no far ther supplies for that service, however fatal the conse quences might prove to the very preservation of the people. Upon the Avonted goodness of his Majesty, and the courage and proAvess of the navy, they should trust, under Providence, for protection. They concluded with the assurance, that Avhatever benefits they might derive from the mildness and equity of his administration, they were sensible they could be happy only as they should be just in rendering his go- ' vernment, as far as depended upon them, easy and happy to him. ¦'¦ ¦¦¦ It required not the gift of divination to perceive,- from the w hole tenor of this address, that the- germ of generosity OF BARBADOES. 425 was beginning to expand, and that, by proper culture, it chap.xih. would soon have produced the most grateful fruits. But, irso. unluckily, General Cunninghame possessed not the art of cherishing and maturing the tender plant. His rough, un- N skilful hand, repressed its delicate growth, and blasted its infantine bloom. With the illnatured design of vexing and embarrassing the assembly, he interrupted their deliberations with peevish messages, proposing neAV schemes of expense, and con veying a decided censure on the management of the pub lic concerns. A large body of prisoners of Avar being at that time confined in the common gaol, he represented to the assembly the necessity of providing a place in the inte rior of the country to which they might be removed, to re lieve the inhabitants of the metropolis from the danger of Contagious distempers. The house replied, there Avas no place of sufficient security in the country to Avhich the pri soners could be removed, nor were the inhabitants able to take upon themselves the charge of providing for them, They requested his excellency, therefore, to prevail on the admiral to send them to Europe in the fleet then ready to sail ; but, if they were to remain on the island, the assem bly apprehended it to be the duty of the commissary to provide for their accommodation, as he received an ample recompense from the Crown for his expense and trouble. This message was immediately followed by another, pur porting, that his excellency had hired a small vessel to 3 i 420 THE HISTORY chap.xiii. convey intelligence to the naval commander at Saint Lu- 178°- cia, of the surrender of Charles-town ; and desiring that the assembly would provide for the payment of the charter : it Avould be difficult to assign any good reason for this being done ; but as the expense did not exceed forty pounds, the assembly complied Avith his request. This produced a fresh demand to pay the salary of a proper officer to be employed by his excellency to visit flags of truce, and other foreign vessels, arriving in Carlisle-bay. A prompt compliance with this requisition evinced the wish of the assembly to gratify his excellency in all his reasonable desires : they unani mously voted a salary of fifty pounds a year to the person employed on this service, Avho Avas dignified Avith the title of captain of the ports*. The house had just entered upon the consideration of a bill to .provide for the expenses of government for the cur rent year, when they Avere summoned to attend his excel lency in the council chamber. He informed them that he saAV, with astonishment and concern, this respectable co lony left with an empty treasury, a magazine without stores, and a numerous train of distressed creditors. The una voidable consequences, he remarked, must be the destruc tion of public credit, and a stagnation of all business. To guard against the evils incident to such a state, he urged the passing of a constitutional levjr bill. The house * In later times the salary of this officer has been encreased to eighty pounds. OF BARBADOES. 427 accordingly got through the bill, before they rose, and sent CHAP- xm« it up to the council for their concurrence. Finding that the 1780, bill Avas repugnant to the royal instructions, on the very point Avhich had been so frequently canvassed, and decided by superior authority, the council rejected it ; and the gover nor, anxious to have it passed, consulted the attorney and solicitor-general, whose report, with a copy of the instructions, Avas sent to the assembly; but they were in flexible ; they would pass no other levy bill, though the public creditors had not been paid for sixteen months. Having gone through the whole of the business before them, the house Avere called upon by Mr. Duke to express a proper resentment at the unparliamentary message re ceived from the council at their former meeting. The hap piness of every government, he said, consisted in the undis turbed enjoyment of the constitutional poAvers belonging to each department. Where a legal privilege Avas exercis ed, if abuse or defamation folloAved, the tendency must be to encroach, to irritate, and to throAv the Avhole system into disorder and confusion. The constitution had entrusted the popular branch of the legislature with the right of rais ing and disposing of the public money. The poAver of de termining the sum to be raised, and the services to which it should be applied, belonged exclusively to the representa tives of the people. Arguments were rendered unnecessary by the council's admission that they could not amend a money bill. But then they could have rejected it. To 3 i 2 428 THE HISTORY chap.xih. consent to a measure and to vilify it too was unprecedented 178°- in all legislative proceedings. Mr. Duke proved, from the parliamentary records, that the House of Commons would never suffer any aspersion from a peer, even at a free con ference, without shewing a suitable resentment, and bring ing the offender to condign punishment. What then, he asked, must be the feelings of that assembly on an attack from the Avhole council, clearly calculated and deliberately contrived to interrupt the good correspondence which ought to exist between the commander in chief and the represen tatives of the people ? After offering a variety of arguments, to convince the house that they could not, consistently with their OAvn dig nity, enter the message on their journals, unaccompanied by a proper animadversion on its irregular and illiberal contents, Mr. Duke moved a resolution to this effect, that the council's message, at their last meeting, respecting the settlement upon the governor, is extraordinary, indecent, and unparliamentary. Extraordinary, that they should give their assent to a measure which they considered to be an indignity to government, and discreditable to the island; indecent, because it casts an illiberal reflection upon the judgment of the assembly, upon a point where the consti tution has fixed the right of judging,, in the first instance, for the credit, as well as for the interest of the public; unparliamentary, as tending to interrupt that harmony and good will between the governor and the house of assembly, OF BARBADOES. 429 so essential to the happiness and prosperity of the com- chap.xih munity* ; upon motives beneath the dignity even of up- 178a right individuals, and yet more unbecoming the second branch of the legislature. Upon the question being put, the resolution Avas agreed to, the members for Christchurch alone dissenting ; and a copy of it Avas sent to the council, Avho sustained, in sullen silence, the reproof of their in discretion. On their next meeting, the assembly received the go- gepti 5, vernor's reply to their address, in ansAver to the speech,. filled with the most insulting reproaches and illiberal invec tives. He affected to consider their professions of confi dence and esteem among the greatest honours of his life ;, and Avished that their favourable opinion of him might in- duce them to render back, to the proper branch of the constitution, the appointment of the treasurer and store keeper, of which they had usurped the disposal; and which, he Avas persuaded, was, in a great measure, the source of that profusion of Avhich they so justly complained. He was sorry to observe, that the misfortunes which they attributed to bad seasons, were principally, owing to cor ruption in their present system of government; and the * The learned member might have found a better reason in Black. Comm. v. 1. p. 183. It is i rule of parliament, when the house of lords reject a bill, that no further notice is taken of it, but it passes sub silentio, to prevent unbecoming altercations,. . , 430 THE HISTORY CHAP.XIH. continual encroachments which they were making on the 1780. executive poAver, were, he said, partly the cause of that Avaste of the public money, so notorious to every unpreju diced observer. He regretted that the exertions which he had made, be fore he left England, in promoting measures advantageous to the island, should have been so illiberally requited by their prescribing terms respecting the settlement, highly improper for his acquiescence. When they made a pro vision for him, as the King's representative, they ought, he told them, to have remembered the necessary expenses attending his situation, from the high price of every article of domestic accommodation ; and had their donative been more liberal, he should haA-e thought it incumbent on him to support his commission with greater dignity. Their for tifications, he affirmed, were inadequate to their defence ; and, though surrounded Avith danger, they had declared that they would raise no farther supplies for their OAvn pro tection; a declaration which could not fail to inspire the enemy with joy. He earnestly exhorted them to lay aside that spirit of contention, which, he said, was but too visible in their proceedings ; to live with proper economy, the only means of retrieving embarrassed circumstances ; and to employ themselves in framing wise laws, on constitu tional principles, Avhich would restore credit to their finan ces, ° cease to exercise, Avhene.Arer the public Avelfare called for its exertion. Whatever censure the message of the governor might have incurred, for its intemperance and inconsistency, it must be confessed, that some of the charges which it contained, Avere not altogether groundless. The proceedings of the assembly, for nearly a century, had been distinguished by frequent attempts to encroach on the prerogative of the croAvn, not in the appointment of public officers only, but by endeavouring to usurp an undue controul over the dis posal of the public money. These claims had given rise to frequent disputes between the different branches of the legislature, Avhich had been as frequently decided against the assembly. But Avith regard to the nomination of the treasurer and storekeeper, the point had been formally con ceded to them, full seventy years before, by an order of Queen Anne. I/nder this sanction, they have successively assumed the right of appointing the comptroller of the ex cise, the harbour-master, an inspector of weights and mea sures, a gauger of casks in each of the four toAvns, and twelve inspectors of cotton. I shall not stop to inquire, whether the government is better administered, in conse quence of this assumption of executive authority ; it is sufficient that it is contrary to the principles of the English 3 k 2 436 THE HISTORY chap.xih. constitution. It is a right unknown to the house of i7«o. commons. Of the profusion imputed to the government, the proof might easily have been found in every division of the Island. The unbounded waste of stores, particularly of gunpowder, Avas indeed a grievance of no small magnitude ; but here, the remedy was in tbe governor's OAvn hands. No stores could be obtained but by his excellency's order on the store-keeper. Oyer this department the assembly had no control. An abuse of poAver is too often the only means by which men of Aveakand sordid minds display their autho rity and consequence. At each convivial meeting of the militia officers, their loyalty and patriotism Avere celebrated at the public expense by the repeated discharge of cannon, not unfrequently exceeding a hundred in number. On these occasions half the quantity of poAvder, allotted for the charge of each gun, Avas reserved for the benefit of the chief-gunner. Mr. EstAvick, the colonial agent, was noAv doomed to feel the weight of the governor's displeasure. His excel lency attributed the abridgment of his salary to that gen tleman's letter to the committee of correspondence, intimat ing that General Cunninghame had received instructions from the crown to commute the four and a half duty. Be sides this, the agent, as a member of parliament, had ren dered himself obnoxious to the ministry by opposing their OF BARBADOES. 437 measures. For these reasons the governor rejected the bill, chap.xih. which had been unanimously passed by both houses, re- 178a appointing Mr. Estwick to the agency. Nothing is more clear than that the right of electing their own agent should be exercised by the council and assembly, independently of the commander in chief. For as it is the duty of that minister to convey to the royal ear the complaints of the people, suffering under the incapacity, tyranny and injustice cf their rulers, the governor's veto, in this case, must necessarily supersede and destroy the very end and object of the office. As a constituent part of the legislature, the governor, it is true, possesses a negative on all acts of the assembly,' but this poAver is given for the purpose of preserving the King's prerogative from invasion; and the agent's bill being of a particular nature, resulting from the peculiar circumstances of the colonial constitution, the right of negation is, at least, questionable. The inference from analogy is de cisively against it. In England no bill, and especially a money bill, not affecting the -rights of the crown, Avhich had been passed by both houses of parliament, was ever rejected by the King. But what occasion is therefor a particular laAv to appoint an agent ? A vote of the house of assembly would be sufficient ; and the payment of his salary might be provided for in the annual levy bill, as in the case of the other officers of the house. In the passage of this bill, the governor is generally too much interested to suffer his per- 435 THE HISTORY CHAP.Xiii. sonai resentment to obstruct it. To preserve the privilege irso. ^f electing an agent, in conjunction Avith the council, the assembly resolved to nominate no other person to thaft office, and to "allow Mr. Estwick the usual salary, as if his appointment had been confirmed by the governor. Matters having now come to an extremity between his excellency and the assembly, both sides prepared for their justification by an appeal to the secretary of state, in whose' department the 'colonies lay. With this view the speaker, by order of the house, transmitted to Mr. Estwick the minutes of their proceedings from General Cunninghame's arrival to their latest meeting, with directions to lay them before Lord George Germaine. At the same time the governor Avrote to the noble secretary, complaining of the little harmony Avhich he found subsisting between the council and the assembly. This disagreement, he imputed to the factious designs of Sir John G. Alleyne and Mr. Duke. The influence which the former derived from his taleuts, probity and disinterestedness, Avas invidiously ascribed to other causes. Mis poAver, the governor said, arose from his being employed as attorney to a number of absentees; and, with a view to his lordship's interfering to abridge that power, he particularly mentioned that Sir John Alleyne acted in that 'capacity for the Society for the propagation of the Gospel, and for Captain Reynolds*, of the navy, patentee * Afterwards Lord Burce. OF BARBADOES. 439 of the marshal's office. Hence his lordship would perceive, CHApxiii. that those people who ought to strengthen the hands of a mo' governor Avere encreasing the power of a popular leader, who constantly opposed the measures of government, and Avas ready, when tlnvarted in his. purposes; to throAv every thing into disorder and confusion. In this letter his excellency congratulated himself on having the advice of two such able lawyers as the attorney and solicitor general *, the former of Avhom he particularly recommended to his Majesty, and hinted that his salary- ought to be encreased aid paid by the crown. All the principal offices being vested in patentees, Avho farmed them out to the highest bidders, Avas a circumstance, his excel lency remarked, Avhich extremely limited the poAver of a commander in chief, and disabled him from conducting the business of government with energy and effect-j-. Either deceived himself,, or willing to impose upon the credulity of his patron, his excellency proceeded to state that the memorial which he had refused to receive from the assem- * The Hon. W. Moore, the elder ; and Charles Brandford, Esquire. ¦f Among the causes which contributed to lessen the influence of the crown ini America, Mr. Stokes,, chief justice of Georgia, mentions as one of the most material the fatal practice of bestowing almost every lucrative office in. the provinces, that could be exercised by deputy, on persons residing in England. Stokes's Const, of the Colonies, p. 138. Hence it would seem that the number of patent offices in the colonies executed by deputies, is as unfavourable to the regal authority as it is per nicious to the people, 440 THE HISTORY CV^AJ^JI- bly had given great offence to people in general ; he Avas 17sa therefore induced to hope, now their ill-humour had evaporated, that the assembly would consent to pass a proper levy bill ; if not, it Avould be expedient to dissolve them; and as, from their absurd conduct, they had lost their popularity, he entertained the most sanguine expec tations of the advantages to be derived from a new election. Nothing could have been more fallacious than this repre sentation of the state of the public mind. Nor is it difficult to conjecture by whom his excellency was misled. The council of Barbadoes had ever been remarkable for a com. pliance with the Avishes of government. The two leading members of this board Avere Mr. Henry Frere and Mr. Ireneus Moe. Of these the former was haughty, reserved and austere. With an understanding more solid than splendid, he possessed an inordinate ambition, which led him to support the most arbitrary measures of government A strenuous advocate for the authority of the croAvn, he natu rally became the opponent of Sir John G. Alleyne, Avho was uniformly the noble, erect and zealous assertor of the rights of the people. BetAveen these competitors for fame and power, personal animosity had succeeded to political controversy ; and Mr. Frere Avas generally anxious to em" brace any opportunity of piquing and mortifying his popu lar rival, by an inconsiderate opposition, too often incom patible with the public welfare. OF BARBADOES. 441 To a sound judgment, Mr. Moe united a brilliant imagi- chap.xih. nation, and a private worth Avithout a stain. Nor is it easy llS0- to reconcile, with his respectable character, the part which he bore in supporting Governor Cunninghame's arbitrary and illegal administration. To the counsels of these men, General Cunninghame seems, in a great measure, to have resigned himself; while actuated by a perverted ambition, and an absurd opposition to the patriotic leaders of the assembly, they scrupled not to recommend or sanction the most unjust and pernicious measures. Finding the door of reconciliation effectually closed, the governor noAv turned his thoughts to devise some method of compensating himself for the insufficiency of the salary. With this view he claimed of the deputy-secretary certain fees, which, he asserted, had been usually paid to former governors; and Avhich, of late had been absorbed in the secretary's office. Mr. Workman replied, that he did not mean to dispute his excellency's right to. the fees in ques tion, but having farmed his office from the patentee, under the impression of his being entitled to them, he should naturally expect a proportionable abatement of the rent, if the office was rendered less valuable by a different appro priation of any part of the profits. The governor was no stranger to the hazard of attacking the host of placemen, who, by virtue of patents from the crown, drain the Colonies of their wealth; he therefore abandoned this pro ject, and adopted a scheme, in the execution of Avhich he 3 L 442 THE HISTORY chap.xih. thought to enrich himself, with greater security, from the 1780, spoils of a half ruined people. Having obtained a table of fees Avhich had been taken by Lord Macartney at Grenada, he submitted it to the consideration of the council. The pliant members of that board readily concurred in the mercenary designs of their despotic chief, and agreed to sanction the demand of fees, as a compensation for the inadequacy of the legal settlement, but ventured to disap prove of those which Avere then proposed, as being too exorbitant. To give these proceedings some appearance of legality, the opinion of the attorney-general Avas demanded on these queries, Whether either, and Avhich, of the laAvs of this island, respecting the fees of public officers, extend to any fees taken, or to be taken, by and for the governor ? And Avhether the establishment of fees, by the governor, with the advice and consent of the council, is, in any respect, a breach or violation of any law of this island noAv in force? A noble opportunity was here presented to Mr. Moore, of immortalizing his name, by asserting the indubitable rights of the people; and, by checking the infant struggles of des potism, by a candid and upright performance of his profes sional duty. But, he reported, that the several laws of this island, relating to fees only, extend to inferior officers, and not to the governor ; and that his excellency, notAvithstand- ing those laws, may receive all such fees as he was legally entitled to. Nor did he know, of any laAv that expressly OF BARBADOES. 443 prohibits the governor from establishing fees for himself, chap.xih- with the advice of his council. To say nothing of the lr8°- ignorance Avhich this opinion betrays of the constitution, its disingenuousness and sophistry are too obvious to require illustration. This report Avas laid before the council, at their next Sept. 29. sitting, together Avith a neAV regulation of fees, which, be ing more moderate, was approved of by the members pre sent *, Avho recommended his excellency to claim and enforce the payment of them, and the secretary Avas accord-' ingly directed to receive the fees thus settled for his excel lency's use. This Avas the most arbitrary and illegal viola tion of the rights of the subject, that had ever been com mitted in any part of the British dominions, since the me morable and fatal attempt of Charles I. to levy ship-money -1 on the people of England. It Avas a palpable violation of the charter, the colonial magna charta, granted to the Earl of Carlisle; by Avhich it is expressly stipulated, that' the inhabitants of Barbadoes should possess all the liber ties, franchises, and privileges of British subjects'; and that no decrees, nor ordinances, should be made to the hurt or discommodity of any person or persons, either to the bind ing, constraining, burthening, or taking aAvay their liberty, * These persons were Henry Frere, Ireneus Moe, Robert Brathwaite, John Best, • Joseph Keeling and John Ince, Esquires. 3 h 2 444 THE HISTORY Ci^^T' goods, and chatties, otherwise than by laws made with* l780' their OAvn consent. It Avas evidently contrary to the spirit,. if not the letter, of several local statutes*. Nor Avas it less. repugnant to the principles of the English constitution. As the King, says the learned commentator on the laws of England, may create new titles, so may he create new offices ; but with this restriction, that he cannot create neAV offices with new fees annexed to them, nor annex new fees^ to old offices ; for this would be a tax upon the subject,. which cannqt be imposed but by act of parliament -f. What a field was here opened to the council for the dis play of patriotism. Selected as the peculiar advisers of the representative of the crown, had they performed their duty with fidelity, they would have remonstrated with decent firmness against the injustice and illegality of the. measure ;. they would, have cautioned the governor against the fatal tendency of his arbitrary proceedings; and by a steady,, temperate opposition, they would have protected the rights of the people, maintained the dignity of the legislature, and shielded his excellency equally from royal indignation; and popular odium. Qn the contrary, it must excite the contempt and astonishment of every mind, susceptible o£ spcial. feelings, to know that a body of men, of the first ank and fortune in the community, should thus pusillani- Vide Hall's Laws, No. 6, 14, 44; and 55. ¦ t Black, Comment, vol. 1. pf 272.. OT BARBADOES. 445 mously surrender their most inestimable privilege, subvert chap.xih. the laAvs of their country, and sacrifice the interest of the 17s0- people at the shrine of despotism. Nor Avere the absent members free from blame. The negative merit of not consenting to an oppressive measure, is lessened, if not destroyed, by neglecting to oppose it. The establishment of fees had been already agitated in council ,- and, knowing that it was to be determined this day,' they ought to have attended and signalized themselves by a spirited opposition to the measure. Such a conduct might have been as fortunate as it would have been honourable. A prospect of success might have encouraged some of the other members, not wholly insensible to the calls of honour and duty, to join in the virtuous opposition to tyranny and: oppression. No man should be deterred from performing his duty, by an apprehension that his exertions may be' unsuccessful. No inconvenience nor disgrace can result from the attempt; but the evil of the omission is not problematical. The arbitrary and unconstitutional proceedings of the go vernor andcouncil diffused a general dissatisfaction through out the country; and recourse was had to every expedient by which the payment of the illegal fees could be evaded. Even the fair sex suffered their patriotism to prevail over their natu ral delicacy, and submitted to the publication of the banns of marriage, rather than their lovers should yield to the governor's exactions for a license. A more spirited and manly conduct was adopted by Mr, Duke. Having paid, 446 THE HISTORY chap.xih. the new fee on the probate of a will, to which he Avas ap- 178°- pointed executor, that intelligent patriot determined to strike at the root of the evil. Though the governor Avas not immediately amenable to the laAv, Mr. Workman, as the minister of his tyranny, Avas liable to punishment. Duke therefore lodged an information, in Avriting, with Mr. R. Beckles and judge Weekes, tAvo justices of the peace, against the secretary for extortion ; and a day Avas appointed for hearing the complaint. Anxious to ingratiate himself at Pilgrim, Weeks informed the governor of the affair, and, the next day, positively refused to take cognizance of the offence. Incensed at such servility, Duke withdreAV the complaint Avith the design of applying to another magis trate. But the dreadful disaster Avhich occurred a feAV days after, the important concerns Avhich pressed for immediate consideration, and, above all, the subsequent illness and death of that valuable man, put an end to the prosecu tion. Though the Barbadians Avere sinking under the accumu lated weight of a complication of evils natural, moral and political, the measure of their avocs Avas not yet full. They were noAv doomed to suffer a calamity, in comparison Avith which all the other ills that afflicted them Avere light and inconsiderable. A tremendous hurricane, which, with in discriminate fury, continued to rage nearly eight-and-forty hours, Avith a violence unparalled in the history of the world, threatened them Avith universal ruin. This Avas one 5 OF BARBADOES. 447 of those aAvful visitations of Providence, Avhose irresistible chap.xih. force humbles the pride of man, and sheAvs him his absolute 17§o. dependance on the mercy of that God, Avho " rides in the whirlwind and directs the storm." On the morning of Tuesday, the fatal tenth of October, the inhabitants were early alarmed by the unusual violence of the wind, accompanied Avith heavy falls of rain. The Avinds, which bleAV from the north-west, continued hourly to in crease ; and, before noon, many houses in different parts of the island were either blown doAvn or materially injured. By the third hour of the afternoon, all the vessels in Car lisle bay were forced from their moorings and Avrecked; or driven to sea to encounter the horrors and perils of that dangerous element, under circumstances of aggravation, that appalled the hearts of the most fearless and expe rienced mariners. Nor Avas the situation of those on shore less hazardous and deplorable. The fury of the tempest encreased Avith the approach of night; and a scene of ter ror and distress aAvaited the ruined and dismayed inhabit ants in the dread hour of darkness, of Avhich no powers of language can convey an adequate idea. About the ninth hour of the evening the storm had attained its utmost height, and from that time till four the next morning the Avork of destruction Avas accomplished. Within that dreadful inter val the Avhole island Avas devastated, and its unsheltered in habitants were reduced to the last extremity of misery and despair. THE HISTORY Early in the evening the cattle had, in some places, broken from their folds, and with dismal bellowings sought refuge among the habitations of men. But these, alas ! afforded a doubtful shelter to their possessors ; Avho, to save themseh^es from being crushed to death, or, Avhich was more horrible, from a premature interment under their fall ing mansions, fled for safety to the open fields. Each, ig norant of the other's fate, thought his neighbour more for tunate than himself; and, flying from certain death be neath his own crumbling Avails, sought, an asylum, Avhich, in that universal scene of desolation, was no where to be found. The author of this narrative was himself, Avith his wife grievously contused by the fall of his house, and an infant daughter, only six months old, among the midnight .Avanderers, Avho traversed the dreary waste in search of an uncertain place of shelter and repose. The fairest female forms, stripped of their drapery by the ruthless blast, passed the dismal night, exposed, almost in a state of perfect nudity, to the inclemency of contending ele ments ; Avhile their Aveeping parents and affectionate hus bands, in all the agonies of sympathizing tenderness, ineffectually strove to shield them from the pelting of the pitiless storm. But the toAvns exhibited, if possible, greater scenes of horror and distress. Here the sufferings of individuals were augmented by /a participation in the general calamity ; and the cry Avhich assailed the ear, and the havoc which met OF BARBADOES. 449 the eye, contributed to sudue the firmest mind. The hoAvl- c^^Hj:' ing of the tempest ; the noise of descending torrents from 17sa clouds surcharged Avith rain ; the incessant flashings of lightning; the roaring of thunder; the continual crash of falling houses ; the dismal groans of the Avounded and the dying, the shriek of despair, the lamentations of Avoe ; and the screams of women and children calling for help on those Avhose ears Avere noAv closed to the voice of complaint, formed an accumulation of soitoav and of terror, too great for human fortitude, too vast for human conception. The return of light served but to render visible to the wretched Barbadians the extent of the calamity in which they had been overwhelmed. Far as the eye could reach, one general scene of devastation presented itself to the sight. The face of nature seemed completely changed. That beautiful scenery, Avhich had so recently delighted the admiring traveller with the variegated bloom of perennial spring, had, in the short space of one night, vanished like the illusive vision Avhich mocks the imagination of the un conscious sleeper. Those luxuriant fields, which the day before teemed Avith nature's most valuable productions, iioav resembled the dreary, inhospitable regions, which had never yielded to the arts of cultivation. Trees Avhich, from their bulk and strength, seemed to be little less than of antediluvian groAVth, were torn up by their roots, or strip ped of their foliage, and their ponderous limbs scattered 3 m 45© THE- HISTORY chap.xih. to an incredible distance. But the amazing force of tbe i7so. winds and Avaves Avas particularly demonstrated at Bridge- toAvn, in the removal of a cannon of tAvelve pound ball from the pier head to the Avharf on the opposite side, a distance of one hundred and forty yards.* The crops of canes and corn were destroyed; buildings, strong as human art could make them, Avere levelled Avith the earth, and of the few which were left standing on the plantations none Avere free from material injury. To encrease the calamity, the poul try, live stock and horned cattle, so essential to aid the planter's labour, had perished in considerable numbers ; and many respectable families Avere left to sustain the unex hausted fury of the storm Avithout raiment, food, or shel ter. Speight's-toAvn, though materially injured, fortunately suffered less than any other part of the island. The Hole- tOAvn and Ostin's participated in the general havoc ; and of eleven churches and two chapels only three Avere left standing; these were Saint Andrew's and St. Peter's churches, and All Saints' chapel. It Avas in Bridge-toAvn, however, that the destruction of property, and the distress of the people, exhibited, by their concentration, the most lively and affecting spectacles of Annual Register, vol. 24. p. 32, where it is stated on the authority of the go- vernor's letter to the secretary of state. OF BARBADOES. 451 human misery. That extensive capital Avhich, for splen- chap.xih. dour and opulence, was inferior to no toAvn in the British 17S0- West Indies, was converted into a promiscuous mass of ruins. Not more than thirty houses and stores were left standing, and most of these had suffered considerable da mage. The mole-head, a Avork of great utility, which had cost the country more than tAventy thousand pounds, was destroyed; and the bason entirely filled up Avith sand, stones, and pieces of timber. It Avas OAving to the obstruction giA'en by the pier to the progress of the AvaA^es, Avhich rushed with impetuous violence against it, that Bridge-town was pre served from total annihilation. The castle, forts, and bat teries, the town-hall and prison, were all demolished. The spacious church of Saint Michael's, Avith its lofty steeple, was tumbled to the foundation in one confused heap of ruins. The elegant and stately mansion at Pilgrim, the seat of government, escaped not the general destruction. There every precaution had been early adopted, Avhich seemed likely to afford security against the impending danger. But no human strength nor art could avail. The resistless vio lence of the Avind bore down every obstacle ; and soon forced its way into every apartment. One Aving, and great part of the other, having been bloAvn down, the governor and his family retired to the centre, Avhere, from its circular form, and the thickness of the walls, they expected to find safety. 3 m 2 452 THE HISTORY chap.xih. But they Avere disappointed; thereof was bioAvri off, and 1780, the continual falling of the stones compelled them to fly for shelter to the cellars; hence they Avere soon dislodged by the irruption of the water Avhich floAved in Avith an alarming impetuosity. No alternative Avas noAv left but to seek a precarious security in the open fields. The governor, and those Avho had strength to resist the force of the Avinds, after being frequently throAvn doAvn and rolled in the mire, got under the carriages of the cannon on the plat form at Pilgrim. In this situation they remained dur ing the continuance of the storm, in continual apprehen sion that the cannon, Avhich Avere violently rocked by the wind, Avould be dismounted, and crush them in their fall. The superb residence of the commander in chief of his Majesty's forces having been early blown down, General Vaughan and his family experienced a full share of the dangers and disasters of that long night of horror ; his secre tary's thigh was broken, nor did the general himself escape Avithout receiving several severe contusions. Though the barracks and hospital were destroyed, such Avere the happy effects of order and discipline, that, the troops sustained no considerable loss; almost the whole of the provisions and stores designed for the use of the army and navy Avere for tunately preserved from the fury of the elements and the rapine of the negroes. OF BARBADOES. 4.5*3 The loss of human lives Avas proportioned to the dangers chap.xih. which surrounded the affrighted inhabitants. Even among; 1780, the Avhites the number Avas considerable, and, including the blacks, avIio Avere most exposed, the loss was estimated to exceed three thousand. It Avas impossible, however, to be accurate in the melancholy enumeration. Besides the Avretched victims Avho perished from the violence of the tempest and the inclemency of the Aveather, many were crushed to death and intombed in the ruins of their houses, many were swept aAvay by the resistless force of the Avaves, and AAere seen or heard of no more; and not a few Avere precipitated into eternity by the rapid course of the rivers and streams of fresh Avater Avhich poured into the sea. The loss of property sustained on this memorable occasion Avas more correctly ascertained, and amounted, according to the returns made to the governor by the vestries of the several parishes to the enormous sum of one million eighteen thousand nine hundred and tAventy-eight pounds sterling. Those Avho had survived the tragic catastrophe Avere still exposed to dangers scarcely less imminent than those \vhieh they had recently escaped. The general devastation had deprived them of their internal resources, and exhibited to their view the terrific prospect of famine. Availing them selves of the consternation which prevailed, the slaves, in stead of assisting their oAvners, or endeavouring to save the effects of the unhappy sufferers, were actively employed m 454 THE HISTORY CHAP.X111. plundering them of the poor remains of property whicbhad 1760. J36en Spare(i by the hurricane. A body of eight hundred prisoners of Avar had been liberated by the demolition of the gaol, and the most serious apprehensions were entertained that these men, in conjunction Avith the licentious slaves, Avould complete what the rage of the elements had left un finished. But, fortunately for the Barbadians, General Vaughan, with a body of troops, Avas at hand, ready to re press any disorder, or to check any attempt on the public safety, and probably prevented the consummation of their ruin. Prom this gallant commander and his veteran corps, the inhabitants received the most effectual protection, and every humane assistance Avhich their forlorn and destitute condition required. And to the immortal honour of Don Pedro de Saint Jago, captain of the regiment of Arragon, and the Spanish prisoners under his direction, let it be re membered Avith gratitude, that, laying aside all national animosity in that season of calamity, they omitted no ser vice nor labour for the relief of the distressed inhabitants and the preservation of public order. From the number of dead bodies lying in the streets, and among the ruins, and the quantity of putrid fish thrown up by the sea, no unreasonable apprehensions were entertained that a pestilence Avould ensue. To avert this evil, among other necessary purposes, the merchants of Bridge-town formed an association, and appointed committees for the interment of the dead, and the distribution of provisions for the re- 6 OF BARBADOES. 4$$ lief of their indigent felloAv-sufferers. Nor were they un- chap.xih. mindful of the services rendered them by the troops. They 17S0* voted their thanks to General Vaughan and the officers of the army, and a gratuity of sixpence per diem to the pri vates, as an acknowledgment for protecting their property from rapine and plunder. The humanity of the Marquis de Bouille should not be forgotten. The Laurel and Andromeda frigates having been wrecked 011 the coast of- Martinico, that magnanimous commander sent thirty-one English sailors, Avho were all that were saved out of both crews, under a flag of truce to Commodore Hotham, at Saint Lucia, with a letter pur porting that he could not consider in the light of ene mies, men Avho had escaped in a contention Avith the elements; but that they, in common Avith his own peo ple, having been partakers of the same danger, Avere, in- like manner, entitled to every comfort and relief which could be given in a season of such universal calamity and distress. What a contrast does this act of generosity in a noble enemy afford to the conduct of Governor Cunninghame. Amid the general convulsion of the Caribbean sea, a small Oct. 12,. Spanish launch, having a feAV mules on board, sought secu rity from the winds and waves in Maycock's bay. The matrosses detained her until the governor's pleasure Avas known; and his excellency ordered her to be seized as a. 456 THE HISTORY C2A*^IJ1' droit of admiralty, made the creAV prisoners of war, and 1780. converted the vessel and cargo to his OAvn use. Thus Avhat the wretched mariners had saved from the angry elements was torn from them by the rapacity of a hu man being, insensible of the tender emotions of pity and compassion! OF BARBADOES. 457 CHAP. XIV. ADDRESSES FROM THE LEGISLATURE TO THE THRONE. — EXTRA ORDINARY PROPOSAL TO SUSPEND THE PROCEEDINGS OF JUS TICE. PETITION TO THE KING FOR THE GOVERNOR'S RE MOVAL. HIS EXCELLENCY PERSEVERES IN HIS ARBITRARY AND ILLEGAL MEASURES. 1 HE bitter affliction with which Providence had visited chap.xiv. the Barbadians had not softened the obdurate heart of '"nso?'' the governor. Suffering under a disaster so general and so fatal to all ranks of people, it was natural for them to ex pect that his excellency would have taken the earliest op portunity of convoking the legislature, that the public might enjoy the benefit of their collective wisdom, in a ease of such uncommon difficulty and distress. But to sheAV his utter contempt of the assembly, and, perhaps, Avith the hope of impressing their sovereign with an unfavourable opinion of them at this awful conjuncture, he summoned the council only, for the purpose of framing an address to the king on the late ruinous event. With the strongest as surances of inviolate attachment to his Majesty's person and 3 N 45a THE HISTORY chap.xiv. government, they humbly besought his gracious attention 1780- to their wretched condition. After a series of accumulated misfortunes had reduced this once flourishing island to the lowest degree of poverty, a devastating hurricane had noAv, they, feared, completed the destructive work. Destitute of resources to repair their fallen habitations, or even to procure the materials required for reaping their crops, they were left Avithout any prospect of alleviation to* their distress, but in the benignity of his Majesty's compas sionate disposition, and those endearing feelings which had taught the world, that in the same person may be united the great and powerful monarch Avith the good and amiable man. They concluded, Avith imploring such relief as his. Majesty in bis Avisdom and goodness should judge proper to afford them. This petition was accompanied by a letter from the go vernor to Lord George Germaine, containing a recital of the particulars of the dreadful calamity in Avhich the country had been involved. Many years, he remarked, must elapse before the injury which the planters had sustained could fee repaired ; and he was apprehensive that the proprietors of the soil would be unable to rebuild their houses and sugars-works, so deeply were they indebted to the merchants ©f England. He particularly suggested to his lordship's attention, the necessity of supplying the colony with provi sions from Europe, as, Avithout the bounty and generosity of the best of kings, th& people Avould be in the most immi- 6 OF BARBADOES. 459 nent danger of starving. Nor -was General Vaughan silent cx^^' on this melancholy occasion. In his dispatches to the se- 17m cretary of state, that distinguished officer concluded an affecting representation of the general ruin and distress, with a pathetic appeal to his lordship's feelings on behalf of the inhabitants of this ruined country, assuring him that a famine must inevitably ensue, unless some effectual means were employed, on the part of government, to prevent it. The assembly having been, at length, permitted to meet, October 31. pursuant to adjournment, the speaker suggested to the house the propriety of embracing that opportunity of addressing the King, and supplicating his Majesty's gracious assistance under their present exigencies. He regretted that they had not been allowed to concur with the council in a joint ad dress to the throne, but that the house might not appear in attentive to their duty, on an occasion so interesting, he submitted to their consideration an address to his Majesty, Avhich he had prepared for the purpose. It Avas of course unanimously agreed to, and ordered to be transmitted to the agent to be presented. Mr. Estwick was at the same time directed to reneAv his application to the ministry to relieve the country from the payment of the four and a half per cent, duty; and for the establishment of a free port, as the most probable means of rescuing it from ruin, and restoring it to its former prosperity. Notwithstanding the governor's just and affecting repre sentation of the deplorable effects of the hurricane, his first 3 n 2 460 THE HISTORY chap.xw. proposition to the assembly was the imposition of fresh bur- 178°- thens on an afflicted people, who, according to his own ac count, transmitted to the secretary of state only ten days before, Avere in a great measure deprived of procuring food or shelter. As soon as the house had sat, he sent doAvn a message, informing them that he had omitted to convene them on the late dreadful calamity, knoAving how much every man must be occupied by his domestic concerns. He. tauntingly recommended unanimity in their proceedings at this trying conjuncture, to frame a proper levy bill, and to put their fortifications in a suitable posture of defence. Pilgrim house, he told them, Avas uncovered, the armory destroyed, and that he had been at considerable expense for labourers to preserve the arms, lumber, and materials ; and hoped that the assembly Avould give directions for repairing the buildings at Pilgrim. He concluded Avith recommend ing their passing a laAv to restrain the high price of Avork- men and labourers, and assured them of his readiness to concur in any measure for the public Avelfare. To this message the assembly replied, that, notAvithstand- ing the pressure of their private concerns, they Avould wil lingly have attended an earlier call of public duty, espe cially at the time his excellency summoned the council.. Such, they observed, Avas the melancholy situation of the bulk of the people, that the little property Avhich had been spared by the storm must necessarily be appropriated to their subsistence, and the rebuilding of their fallen habita- OF BARBADOES. 46l tions. For this reason, the assembly declined passing a levy chap.xiv. bill, or incurring any expense for the repairs of the fortifi- l780, cations. They, hoAvever, readily consented to put Pilgrim house in as comfortable a state of accommodation as exist ing circumstances Avould allow, and to provide for the secu rity of the arms which had been exposed to injury by the demolition of the armory. This message was immediately succeeded by another, requiring the assembly to provide for guarding the prison ers of Avar, and for preserving the peace of the island, as the troops Avould shortly be withdrawn. The house replied, that they kneAV of no place of sufficient security to lodge the prisoners ; nor could they consent to increase the pub lic burthens, by raising a body of men capable of guard ing them, in places so open and insecure as all Avere at that moment. They, therefore, requested, that the prisoners might be sent aAvay Avith the troops, or that the proper agent Avould provide flags of truce for their removal. A bill of a very extraordinary nature Avas introduced at this sitting by Judge Gittens, for the purpose of suspenaV ing the proceedings of the courts of j ustice, and of the marshal's office, for a limited term of years. From the novelty of the measure, it is but fair to hear the arguments by Avhich it Avas supported. The learned judge remarked, that the common ruin in which all ranks of people Avere in volved, and the complete desolation Avhich overspread the face of the country, called for the interposition, of the le- 462 THE HISTORY Cj^3^' gislaf ure to alleviate, as much as possible, the miseries of l78a the inhabitants, and to revive the sinking spirits of those who had escaped with little more than their lives. Some thing, he said, eught to be done, to calm the mind, and assuage the anguish of the desponding debtor, who other wise must seek some other friendly shore, where he might reap, in security, the reward of his labour. With this view he had introduced the bill in his hand, calculated, as he said, in this hour of calamity, to brighten the clouded prospect, and give confidence and assurance to the honest and industrious, to look forward to days of comfort and times more propitious, when the bread of carefulness should not be snatched from their mouths by the rapacious claims of an unfeeling creditor. From this general view of the; subject, the honourable mover proceeded to an examination of the separate clauses of the bill, Avhich, he asserted, were self-evident proposi tions deduced from facts. Nor could the timid creditor, he insisted, have just cause of alarm at a measure which would only deprive him of his power, for a while, to be restored, with redoubled vigour and effect, at a period when he may exercise it with greater advantage to himself, than at a season when nothing but a wild waste of ruins lay before him. To the elder creditor, he concluded, it would only operate as a renewed defeasance, Avith the prospect of better security; and to the junior creditor it was such an act alone that could give hope, and keep alive OF BARBADOES. 46a his expectations, Avhich would otherwise sink into a gloomy chap.xiv, despondency. 1780. The second reading of the bill was ably opposed by Sir John Gay Alleyne. He commenced an eloquent, argu mentative speech, Avith observing, that the feelings of com passion, like all other affections of the human soul, ought to be regulated by the principles of natural justice; and that even the love of his country, however ardent, must yield to those superior obligations. He could not consent to countenance a measure which tended to establish an un worthy and an unwarrantable distinction between the land holder and the other classes of society, Avho Avere all entitled to the equal protection of Avise and equitable laAvs. No partial regard to the embarrassments of men of landed pro perty should ever influence the deliberations of that house; there Avere others who ought to be considered with an equal degree of tenderness. The man who had no other property than money lent out at interest, and Avho, by the lata dreadful visitation from heaven, Avas probably deprived of a place of rest and shelter, ought not to be excluded from the benefit Avhich the laAv had given him of procuring a har bitation, or food for his family. In this class there Ayere many young ladies whose whole fortune consisted in. debts and legacies-, and who, perhaps, had been left by the storm, with no other cloaths than those on their backs. Shall the condition of these helpless females, he asked, be rendered more destitute by a law, that would deprive them of the 464 THE HISTORY CHAP.X1V, means of procuring the decent habiliments of their sex ? nso. Neither could the merchants and tradesmen of the several town, sharers in the common calamity, be debarred, Avith out injustice, from recovering what Avas due to them, for their immediate subsistence, or the support of that credit on Avhich their mercantile existence depended. Still less should those, Avho, in their several departments and profes sions, earn their livelihood by their manual labour, their learning, or their mental ingenuity, be denied the legal right of enforcing their just demands to enable them to re build their houses, and to furnish themselves with food and raiment. Nor did Sir John Alleyne think the bill calculated for tbe real and permanent advantage of those Avhom it fa voured most, unless it Avere those Avhose debts exceeded the value of their property. None others could benefit by a suspension of justice. But to pass an act Avhich should afford debtors, of this description, an opportunity of en joying their plantations a feAv years longer, to the prejudice of their creditors, would be to establish iniquity by laAv. To debtors of every other class, the honourable baronet contended, the bill Avould eventually prove injurious, as it must effectually destroy all confidence in those Avhose un fortunate circumstances more particularly required credit to enable them to repair their Avorks, and restore their plan tations to a proper state of cultivation. Sir John Alleyne offered a variety of arguments to prove, that the operation OF BARBADOES. 465 of the bill Avould not only be prejudicial to those for Avhose chap.xiv, benefit it Avas intended, but that it AA'ould be inconsistent 1780# with the honour of that house, and injurious to the cha racter of the country. On the resumed consideration of the bill, its principle Nov-2^ Avas judiciously combated by Mr.' Duke. A country, he observed, in Avhich the course of justice Avas obstructed by laAv, could be no eligible place for the residence of men. From such a society all confidence, credit and commerce, must be banished. It must Avant support from Avithout, and be destitute of cement Avithin. The venerable speaker of the assembly again exerted his patriotic eloquence in supporting the claims of justice; and, rather than suffer any imputation on his good faith, moved an additional clause, excluding himself, by name, from any benefit to be derived from the operation of the law. The integrity of Mr. Husbands Avas eminently displayed in his opposition to this measure. By a train of misfortunes, he had been al most reduced to a state of insolvency ; but his liberal mind Avas incapable of entertaining a Avish to oppugn the claims of his creditors by an act, palpably inconsistent Avith every idea of public faith. Being Avithout a horse, though he had a considerable property in possession, he \valked Avith great firmness, a distance of several miles, to attend the as sembly, and give his negative to the bill But finding the poAverful opposition Avhich he had to encounter, Mr. Git tens withdrew the bill without putting it to the vote, 3 o 466 THE HISTORY chap.xiv. With the vieAv of harassing and irritating the assembly, 17.8O. tne governor t:Gw had recourse to Aveekly adjournments, Avhich, as most of the members resided at a distance from Bridge- town, subjected them to much inconvenience and fatigue. The recent calamity had prevented the assembly, at their last meeting, from taking any notice of the gover nor's unprecedented and illegal demand of fees. Indeed it Avas supposed, that the universal devastation with Avhich he Avas surrounded Avould have softened his heart, and re strained his cupidity from grasping at Avhat even the fury of the elements had spared. But, finding that he persisted in his unconscionable exactions, and that many extrava gant fees had been paid for his use, Mr. Duke, in a speech fraught Avith legal and constitutional knowledge, called upon the house to assert the rights of the people. He la mented that, in a season of no ordinary calamity, he should be obliged to bring forward a subject of altercation ; but they owed it to their own dignity ; they owed it to poste rity, amidst all their distresses, to guard the constitution from invasion. The assembly, he observed, Avere the guar dians of the people, chosen not merely for the purpose of making laws, but to watch over and preserve inviolate the rights and privileges of the commons of Barbadoes. The conduct of all public offices was subject to their cognizance, It. was their province to bring to justice all offenders Avho could not othenvise be made amenable to tho common course of laAv. The records of parliament furnished, he 4 OF BARBADOES. 467 said, innumerable instances of impeachments and prose- chap.xiv. cutions by the house of commons, not only against the 178°- highest ministers of state, but extending even to the subor dinate officers of the courts of justice. The principal branch of their jurisdiction, Mr. Duke ad mitted, Avas to guard the money of the subject, and to pre vent its being taken aAvay without the sanction or authority of the legislature; and this was the very grievance of Avhich he Avas then to complain. The governor and council had, contrary to laAv and usage, established a table of fees, to be taken by the secretary of the island, for his excellency's use, in all cases throughout the Avhole circle of business in which his name was employed. From a review of the his tory of the mother country, from the reigns of the Stuarts to the time of the Revolution, Mr. Duke proved, that the levying of money, Avithout the consent of parliament, had been repeatedly and solemnly declared illegal. This being the case with the King, it could not be supposed that the servants, or ministers of the CroAvn, should be left at liberty to oppress the subject by such arbitrary and unwarrantable means. In this island the money of the people had ever been the first and favourite object of legislative care and concern. Not only taxes for the support of government require the concurrence of the three estates before they can be levied, but the fees of the public offices, which are virtually a tax, had been fixed and prescribed by law, and the penalties 3o2 468 THE HISTORY chap.xiv. annexed to the demand of higher fees than those esta- '78°- blished by that authority Avere sufficient, he asserted, to deter the officer from the commission of the offence. He then proceeded to sheAV that the commander in chief Avas not entitled, by laAv or custom, to the receipt of fees ; and that the addition made by the colonial legislature to the salary alloAved by the Crown, Avas granted upon that im plied condition. After vindicating the settlement made upon General Cunninghame, by arguments draAvn from the im poverished condition of the country, he quoted several local statutes to prove, that no old fees could be altered, nor neAV ones- established, othenvise than by the united au thority of the governor, council and assembly. Yet his excellency and the council, in direct contravention of tbe most positive laAvs, had presumed, of their OAvn Avill and pleasure, to arrange and settle a neAV table of fees, which had been announced by a formal declaration, in Avriting, at the secretary's office. Embracing a Avide extent of pub lic business, these fees affected the administration of jus tice, and added weight to an expense already too burthen- some to admit of augmentation. Such illegal exactions, Mr. Duke observed, bore harder on the subject, in proportion to the rank and consequence of the oppressors, because the people were discouraged from applying to the laAv for redress, and every fresh in stance of extortion, although but a repetition of iniquity, served to give it a sort of sanction. Hence it would hap- OF BARBADOES. 4G9 pen, unless the assembly would interpose, that a toleration Cl^^}y' of a most nefarious practice Avould soon assume the name of custom, and then of law. When the public AvelfareAvas at stake, he thought? the assembly should not only be ready to lay doAvn their political existence, but even to sacrifice their natural lives in opposition to fraud and violence. He mentioned the case of Mr. Wilkes and Lord Halifax as an instance of a successful struggle against illegal poAver, sup ported by a train of precedents for eighty years; and thence inferred, that the authority given Mr. Workman to demand the fees in dispute, could no more justify his re ceiving them than the authority of the secretary of state could protect the messengers who executed his Avarrant against Mr; Wilkes. Indeed it Avas so much the weaker, because it Avas unsupported by a shadoAv of usage; nor could it derive any strength from the nature of the govern ment, nor the policy of the measure, as it Avas simply a scheme of public plunder and peculation. " For every Avrong," continued Mr. Duke, " there is a remedy, and the immediate instrument of that Av'rong acts at his peril. Exclusive of the penalties created by the co lonial statutes, Mr. Workman, as the governor's agent, can be made to refund every shilling Avhich he had received over and above his lawful fee. If he withhold papers after a legal tender of the established fee,, an action lies against him at , common laAv; and, should any special damage arise, ,. a jury cannot fail to make him an- 470 THE HISTORY chap.xiv. swerable, by their verdict. He might not only be stripped i78o. 0f his office, but rendered incapable of holding any other; and, by prosecution and conviction at a criminal court, he may be stamped with the ignominious appellation of an ex tortioner, and undergo such farther punishment as the court may think adequate to his crime." To be a slave or tool, the learned gentleman remarked, Avas allowed to be no jus tification. The act of every man Avas, in the contemplation of the law, deemed to be his own. The governor and council could neither compel nor authorize the secretary to rob and oppress the people. With equal propriety might they di rect him to attack their lives as their properties. One was as much under the protection of the laAv as the other; and the restraints of the law operate as effectually upon the governor and council as upon the meanest member of the community. It was unnecessary, he said, to demonstrate that the go- A^ernor and council possessed no dispensing power over the laAvs ; such a power Avas unknown to the King himself. Neither was it necessary to shew that the neAv fees would operate as a tax upon the people, and therefore required the united authority of the three branches of the legislature to legalize them ; these points Avere so obvious as to require no illustration. Much, Mr. Duke said, might be urged against the establishment of new fees in any case. The great reason for the repeal of the stamp act was its ten dency to obstruct the progress of business, and to impose OF BARBADOES. 471 restraints and fetters on the commerce of the colonies. He chap.xiv. would not insist upon the pernicious influence of fees and ^80- the multiplication of offices. No policy could be more evident than that the seat of government, the fountain of justice, ought not to be polluted and degraded by that species of traffic. If the governor and council had a right to establish fees, they could occasionally increase them till they became a source of vexation and oppression. If they could raise and appropriate money in one instance, their authority equally extended to all others ; the func tions of the assembly Avere rendered useless, and nothing remained that the people could justly call their OAvn. Mr. Duke referred to a variety of authorities to establish his position, that the Crown had not a right to create new offices AArith profits annexed to them, to be paid by the people, and cited a case of an office having been granted by letters patent, to one Foley, for measuring Avorsteads, Avith a neAV fee ; but the house of commons resolved that it was void, for that the King could erect no offices Avith fees to be taken of the people, who could not be legally charged but by parliament; and judgment Avas afterwards given against the patent in the king's bench. The conclusion is invincible. A colonial governor and council could not le gally exercise a power, which did not belong to their Sove reign. .In the case of conquered countries, it Avas admit ted, that a difference might exist. Over these the King possessed a plenitude of power. But in colonies settled by 472 THE HISTORY chap.xiv. Englishmen, neither the Sovereign, nor his representative, 1780. could exercise any jurisdiction incompatible Avith the con stitutional birth-rights of the subject. After a variety of arguments, tending to prove that the governor and Mr. Workman had been guilty of extortion, interspersed with some strictures on the servility of the council, as harsh as they were just, Mr. Dqke concluded a luminous display of legal erudition, Avith moving nine re solutions: 1. That any other demand of fees, than such as have been prescribed by laAv, is illegal, and subjects the offender to punishment. 2. That no public officer, on the tender of such fees as arc conformable to law, can refuse to perform the business, or Avithhold the papers, for which such fees are directed to be paid, Avithout being guilty of an offence and misdemeanor in the execution of his of fice. 5. That a requisition to pay fees, on any pretence whatever, Avithout, or contrary to, the establishment of the legislature, is highly injurious to the subject, an arbi trary and illegal levying of money, subversive of the con-' stitutional rights of the people, and a dangerous encroach-' ment on the peculiar privileges of the general assembly. 4. That no new fees can be claimed, nor allowed, Avith out the joint consent of the governor, council and as sembly. 5. That the governor and council, in undertaking to settle a neAV table of fees, to be paid for his excellen cy's use, had acted illegally and unconstitutionally. 6. That the fees thus established are not obligatory on the inhabit- OF BARBADOES. 473 ants of the island. 7- That the assembly Avill aid and as- cu^*^?'' 17 80 sist all persons who may be aggrieved by the novel demand of fees, or Avho shall be obstructed in a due course of law, to enforce the penalties on all public officers Avho shall of fend against the laAvs respecting fees. 8. That an humble petition be presented to the King, beseeching his Majesty to remove Major General James Cunninghame from the government of the island, on account of his oppressiAre con duct in extorting money from the people, contrary to law and the rights of the legislature. 9- That the conduct of such member's of his Majesty's council, as have concurred in the governor's arbitrary and illegal exactions, be repre sented to his Majesty, and that he be humbly requested to sheAV such marks of his royal displeasure towards them as the nature of their crime may deserve. To prevent the house from coming to any decision on the motion, Mr. R. B. Jones moved the previous question, in order that they might have time to search for precedents, as to the legitimacy of the fees. But, his motion being negatived by a large majority, the question Avas put on each resolution separately, and carried in the affirmative. Mr. Jones having declined giving his vote, the opposition devolved on Judge Gittens, Judge Walcott, Mr. Burke and Mr. Burton, who voted uniformly against all the resolu tions. To the eighth and ninth, Mr. W. G. Alleyne gave his negative; and Mr. J. C. Cox sheAved his partiality to the council, by confining his vote to the1 last. A petition, 3 p 474 THE HISTORY c^A^jv- framed on the two latter resolutions, was accordingly intro duced, and, having been agreed to, on a division of eleven to six, the speaker Avas directed to sign it, and transmit it to the agent, to be presented to the King. The petition began with stating that, with hearts devoted to his Majesty's interest, and with the strongest attachment to his person and government, the assembly Avere con strained, with grief and sorroAV, to supplicate the gracious interposition of the royal authority, to protect the rights and liberties of the inhabitants of the island, much injured and affected by an order of the governor and council, esta blishing new and oppressive fees for his excellency's use ; to which no former governor, hoAvever arbitrary and rapacious, ever formed pretensions in the most prosperous times. But at this unhappy juncture, when the people were ill able to bear even the necessary taxes, to impose upon them neAV and illegal burthens and exactions, Avas adding cruelty tp injustice. Nor could they see, without the deepest con-r cern, his Majesty's sacred name and delegated authority, prostituted to the mean and sordid purpose of raising a re venue for the governor, to the great oppression of his Ma jesty's dutiful and loyal subjects, contrary to the ancient laws and statutes of Great Britain, which forbid the taking any fee, gift or brokage, on the disposal of places and of fices; contrary to the ancient charter of liberties, Avhich provides that justice shall not be sold ; contrary to imme morial usage, and subversive of the principles of the Eng- 1 OF BARBADOES. 475 lish constitution ; and in direct opposition to an express laAv chap.xiv. of the land, confirmed by regal authority, A\diich reserves 1780, the right of creating fees to the legislative body of the island. Thus circumstanced, the assembly were driven to apply to their beloved Sovereign for redress of these unme rited and unexampled usurpations, tending to take from the legislative body the right of raising taxes and appro priating the public money ; and to bestow on the governor and council a suspending poAver over the laws of the island, and the constitutional rights of the people. The petition ers therefore besought his Majesty, in compassion to his loyal and oppressed colony, to remove General James Cunninghame from the government; and to shew such marks of his royal displeasure towards those counsellors^ Avho had concurred in the governor's proceedings, as his Ma jesty in his great wisdom and fatherly affection, to his aggrieved and distressed subjects, should deem them to deserve. Notwithstanding the temper and moderation of this ad dress, the noble secretary for the American department remarked, on receiving it from the agent, that it Avas writ ten with great heat and anger, and seemed to assume the part of judge, jury, and executioner. The most excep tionable passage was the prayer for the removal of Gover nor Cunninghame. But the language Avas perfectly parlia\ mentary ; and it had been the fortune of Lord George Ger- maine himself, not infrequently, to oppose motions, in the 3 p 2 476 THE HISTORY chap.xiv. House of Commons, expressed in similar terms, for the re- nso. moval of his Majesty's ministers from his presence and councils for ever. His lordship, hoAvever, in his conversa tion Avith Mr. Estwick, very freely condemned the gover nor's conduct. If, said he, the assembly had given him but five hundred a year, he ought to have accepted it, and instead of keeping his carriage, and living Avith the splen dour of a commander in chief, he might have rode his horse and lived like a planter. Lord George utterly dis claimed the governor's acting under his instructions with respect, to fees ; and admitted that, if they were taken conr trary to. the laws of the island, he had dohe wrong in de manding them. The petition, having been presented to his Majesty, Avas, by his commands, referred to the consi deration of the Lords Commissioners for trade and planta tions, by whom a copy of it was sent to the governor, with an order to transmit his vindication. Though the governor was convinced, from the effects of the late destructive storm, that the country Avas unable to bear any augmentation of his salary, he determined to make another effort. For this purpose he summoned the assembly to meet on the twenty-eighth day of November, when he laid before them a letter which he had received from the secretary of state, Avith a copy of his Majesty's instruction concerning the salary, which had been shewn to them on his arrival. The secretary's letter expressed his Majesty's disapprobation of the settlement on his excel- OF BARBADOES. 47r lency, and his displeasure at the stipulation made by the chap.xit. assembly, in the event of the country being exonerated izso. from the impost on their exportable commodities, and con cluded with a hope, that they Avould now consent to grant his excellency an additional thousand pounds. The production of these papers gave rise to a Avarm and animated debate, in the course of which Mr. Husbands in-* sisted that their loyalty on various occasions had been so ampty displayed as to require no farther proof. He de fined true loyalty to consist in a due obedience to the laAvs, and a zealous support of the constitution ; but a mean compliance Avith every unreasonable demand of govern ment, he asserted, Avas not loyalty, but a slavery of the Avorst kind, a slavery of the mind. He professed himself an enemy to the former resolution respecting the conditional encrease of the governor's salary, and thought that it ought to be rescinded. But he gloried in having voted for the re duction of the salary ; he had done so, because the circum stances of the people required the greatest frugality in the public expenditure ; and because a reformation could be begun no where Avith more propriety than at the head. He had given that vote without fearing the displeasure of ministers, nor should he retract it now he kneAV they were displeased. A minister, Avhose private fortune and emolu ments of effice, enabled him to spend more thousands an nually than the Avhole amount of the colonial revenue^ and who disposed of millions of the public money in a year^ 478 THE HISTORY chap.xiv. could neither know nor feel the distresses of the inhabit- i78o. ants 0f tne island; but the members of that house felt them, and kneAv that a thousand pounds a year was no in considerable saving in the public expense. Had Governor Cunninghame answered the character which partial friend ship, or servile flattery, had given of him on his arrival ; and had not the late dreadful calamity befallen the coun try, they might have been induced, they said, to pay some attention to the present demand for an increase of salary. But after the treatment that house had experienced from his excellency; after the unjust and injurious aspersions which he had cas ton them; after the indignity offered them, in refusing to receive the memorial in their vindication; af ter his unconstitutional attempt to tax the people by esta blishing neAV and oppressive fees, Mr. Husbands contended, that they could not consent to augment the salary Avithout a forfeiture of their honour, and a violation of the trust re posed in them. In explanation of their former resolution, the house una nimously resolved, that it nevet Avas intended, as a condition with the minister fot the remission of the four and a half per cent, duty, but Avas merely designed for the considera tion of the council. A second resolution was also moved by Mr. V. Jones, that in the present situation of the coun try, afflicted by the hand of God, and subject to illegal fees, recommended by the council and exacted by the governor, the house were unable to make any farther set- OF BARBADOES. 479 tlement on his excellency. Judge Gittens and Mr. R. B. charxiv. Jones admitted the inability of the people to bear any en- 17S0- crease of their burthens ; but insisted that the assembly ought to yield to those considerations of policy and pru dence, which strongly urged their giving his excellency the same salary as had been allowed his predecessors. The motion Avas, however, agreed to by a majority of ten to six. The assembly returned r. civil answer to the governor's message, communicating to him the result of their delibera tions, expressive of their affliction under their Sovereign's displeasure, and observing that the impoverished state of the country absolutely forbad their passing a levy bill; which appeared to them unnecessary, as a large part of the former levy remained uncollected, from the known ina bility of the people to pay it. The house continued sitting till after sun-set, in expectation of being adjourned in the usual manner by his excellency's order ; but receiving no directions they adjourned, of their own authority, to meet at the end of four weeks, at the same hour of the evening. Disappointed in his grand objects, an augmentation of his salary and the passage of a levy bill, both of which he thought the secretary of state's letter had rendered secure, the governor now gave his assent to the act of settlement, Avhichhad passed on his arrival; and, in pursuance of his long Decern. 7, projected scheme, dissolved the assembly by proclamation. In tfie same malign spirit, wbich animated all his other ac- 480 THE HISTORY chap.xiv. tions, he issued Avrits for a general election, at a distance of 1780. more than tAvo months. But, Avhatever Avere the advan tages Avhich his excellency might have expected from this step, he Avas again doomed to suffer the vexation of disap pointment. All the members of the former assembly were again elected, with only tAvo exceptions, and in those in stances he benefited nothing by the change. i78i. One of these changes Avas unfortunately produced by the an" *' death of that illustrious patriot, Mr. Henry Duke. Though liberally endoAved by nature Avith a vigorous understanding, improved by the study of a science the most likely to strengthen and expand the powers of the mind, Mr. Duke Avas less distinguished by his eminent talents, than the zeal and spirit Avith Avhich they Avere exerted in the public ser vice. Firmly attached to the interests of his native coun try, he was neither intimidated by the frowns of poAver, nor allured by its seductive smile, from diligently pursuing the paths which he thought Avould lead to colonial prospe rity. The activity of his mind Avas continually impelling him to attempt the reform of abuses, or to suggest Avise and salutary laAvs for the benefit of the state. Superior to the sordid considerations of personal ease and private emolu ment, his integrity and public spirit rendered him obnoxi ous to those drones in the hive, Avho sought public employ ments without any intention of performing the duties an nexed to them, or who Avere desirous only of battening On the spoils of the people. Every admirer of genuine pa- OF BARBADOES. 481 triotism must lament the loss of one, Avhose firmness and chap.xiv. intrepidity marked him the champion of liberty and the mi" asserter of his country's rights. The effects of the governor's anger Avere not confined to the assembly; he embraced every opportunity of harassing and distressing the militia, by keeping them out on alarms, Avithout the smallest necessity. They Avere frequently kept under arms the Avhole night, Avithout any sufficient precau tion having been taken to afford them rest or shelter. This inconvenience, which Avas more particularly felt by the cavalry, having been represented to the governor, his ex cellency ordered the LeeAvard regiment of horse,, commanded by Colonel Poyer, to rendezvous at a small fort called Dover, upon the hill above Speight's-toAvn. Leacock, the colonel of that division, tliought this an infringement of his authority, and, on the first alarm, detached Captain Jordan with a company of infantry, from Orange fort, to occupy the post. On the approach of evening, Poyer sent to Mr. Jordan, saying, that he had his excellency's orders to take post there, and requested that he Avould evacuate the fort, that he might put his men under cover for the night. Jordan replied, that he could not quit his station Avithout orders from his commanding officer. Poyer, hav- ing previously dismounted his troop, immediately put them in motion, with the vieAV of marching into the fort; but Jordan, faithful to his orders, threw himself, SAyord in hand, into the- gate-way, and opposed their entrance. A 3 Q 48& THE HISTORY C^A^JV' rencounter ensued, in which Foyer's impetuosity threw him 1781# off his guard, and he lost his sword ; Jordan took no ad vantage of this accident, and the interference of some of the officers present terminated the fracas, and Poyer imme diately dispatched his adjutant to Pilgrim with an account of this extraordinary transaction. Jordan was soon after brought to a court-martial, by the governor's order, and dismissed the service; while Colonel Leacock, under Avhose orders he had acted, retained the command of the divi sion. ToAvards the close of the last year Holland had joined her arms to the combination, formed by the other great maritime powers, for reducing the naval strength and national opu lence of Great Britain. Governor Cunninghame received early intelligence of this event, accompanied with an assur ance that the proper authorities should be speedily for warded, for granting letters of marque and reprisal against the subjects of the States General; and directing him, in the interim, to inform the owners of private ships of war* that they should be entitled to the king's share of all Dutch property which they should capture. The business of pri^ Tateering was carried on at that time with great spirit by the merchants of Barbadoes, and frequently relieved the distresses of the inhabitants, occasioned by the privation of their wonted supplies through the regular commercial ehan- nelsi Attentive to his own interest, Cunninghame conceal ed the ©rdeEshehadireceived, and, unauthorized, proceeded OF BARBADOES. 483 to issue letters of marque against tlie Dutch ; compelling chap.xiv. the OAvners of privateers to pay the most extravagant fees 1781- for commissions, Avhich, he was conscious, Avere of no vali dity. To add to the injustice, and increase his emoluments by extortion, he refused to issue commissions against the Dutch, unless those Avho applied for them would take out others, de novo, against the French, Spaniards, and Ameri cans ; on which the fees collectively amounted to one hun dred and thirteen pounds. Many valuable Dutch prizes, Avhich had been captured under commissions thus prematurely granted, were either taken from the captors by his Majesty's cruizers, or seized by the governor's orders, after they were brought into port, and condemned as droits of the admiralty. From the de crees of the court of vice-admiralty, the captors appealed to the justice of a benignant prince, and his excellency insisted that the prizes should be sold, and the money deposited in his hands until his Majesty's pleasure was known. Had this been done, there is little reason to believe that the ap pellants Avould ever have benefited by any ulterior deter mination in their favour. But Mr. Weekes, the judge of the vice-admiralty court, acted Avith the spirit and integrity becoming his high responsible situation. He appointed a proper officer, under bonds, for the faithful execution of the trust, to sell the prizes, and directed him to detain the mo ney for which they were sold, until the appeals Avere decided by superior authority. Exasperated at this arrangement. ft q 2 484 THE HISTORY -chap.xiv. the governor suspended the officer appointed by the courts i7si. and endeavoured to intimidate the judge into a compliance with his sinister designs ; but finding his menaces ineffec tual, he once more had recourse to the prerogative: he sus pended the judge, and appointed William Morris his suc cessor. Weekes Avas not of a temper to submit patiently to injuries. He presented a memorial to the King, and was re-instated by his Majesty's particular order. Feb. 14. , Meanwhile the neAV assembly having met, the usual inter course of civilities Avas preserved between the governor and ¦ the house, notwithstanding the ill-humour Avhich prevailed between them. In the speech from the chair, the usual topics of discussion Avere renewed and pressed with great earnest ness on the attention of the legislature. Upon the subject of their defence, his excellency wished to engage their most serious reflection. A poAverful armament, he informed them, Avas daily expected from France, and the number of their enemies had been increased by the rupture with the States General. In the strong reinforcements sent out for their protection, they had a fresh instance of his Majesty's paternal care; but he cautioned them against trusting en tirely to a naval force for security. A short interval of its absence, he justly observed, might be fatal, if they neglect ed, to improve their internal strength; and as their numbers constituted the principal means of defence, he again re commended a revision of their militia laAv. In their deli berations on this subject, he trusted they would find that the powers necessary to enforce obedience Avere not incom- OF BARBADOES. 485 patible Avith the principles of civil liberty. Whatever poAvers CHAPJay. they might think proper to vest in the commander in chief, 178i' he assured them, should be exercised Avith an equal at tention to the ease of the people and the safety of the- country.. He particularly represented to the assembly, the injury which the public sendee had sustained for the Avant of a levy bill, and exhorted them to take the state of the fortifi cations into their immediate consideration. The repairs of the ToAvn-hall, Pilgrim house, and the Mole-head Avere again adverted to, rather as subjects of irritation than of well-grounded complaint. Nor Avere barracks for the troops and a place of confinement for the prisoners of war forgot ten, though they Avere points Avholly unconnected Avith the colonial establishment. He Avas particularly commanded by the King, he said, to recommend harmony to the two branches of the legislature; and he Avished he had nothing more to suggest for reform and correction; but their in ternal police certainly required amendment. Their OAvn observation, he thought, Avould readily suggest to them the mischiefs and inconveniences to Avhich they were exposed, from the remissness of magistrates and inferior officers; and he hoped every gentleman Avould exert himself, in his oavii vicinity, for the. preservation of peace, order, and deco rum, among the different ranks of society. The speech concluded Avith common place professions of zeal for the welfare of the country and the happiness of the people. % 486 THE HISTORY chap.xiv. The address of the council was in the usual style of adu- 1781 • lation. They extolled his excellency for virtues, which none but themselves had the penetration to discover that he pos sessed ; and declared their willingness, by harmony and unanimity in their proceedings, to give stability to his go- March 20. vernment. The assembly, Avithout transgressing the rules of decorum, replied to his civilities in terms no less respect ful, mingled with the most poignant sarcasms and deserved reproaches. Sensible of the deficiencies of the militia law, and desirous, as they said, of giving energy to a system es- ential to their safety, they trusted his excellency would pardon them, if, while they observed in him a disposition to exercise extraordinary powers, not Avarranted by laAv, they were restrained from investing him with such an increase of authority, as by an arbitrary stretch or interpretation might irretrievably affect the rights and liberties of the subject. They disclaimed all agency in the inconvenience which his excellency attributed to the loss of the levy bill, which had been regularly passed by that house, and re jected by the council. But, under the present circumstances of the country, they considered the failure of the bill a for tunate event for the people; who must have sunk under the Aveight of their taxes, added to the misfortune inflicted on them by the late direful calamity. Faithful to the true interests of their country, they pro fessed their readiness to concur, with unaffected harmony, in every measure calculated to promote the general welfare; 1 OF BARBADOES. 487 but, when they reflected on the partial, oppressive system chap.xtv. on Avhich the council acted, in support of his excellency's *781, arbitrary measures, no harmony, they were convinced* could exist betwixt bodies of men actuated by such oppo site principles. On the defects imputed to their police they remarked, that if the magistrates were remiss or negligent, the blame could only attach to the power by which they were appointed, and which, notwithstanding their neglect, continued them in office. But if the magistrates were re ally inattentive to their duty, or the police defective, it was a circumstance highly creditable to the people at large, that so few complaints were made, and so few in dictments brought before the court of criminal judicature. They received, Avith pleasure, the assurances of his excel- jency's disposition to promote the happiness of the people; but, anxious as they were to contribute to that ultimate object of all human legislation, the honour of the act, they declared, must be entirely his own ; since, to a free people? it would be in vain to hold out a prospect of happiness, whilst they continued to smart under the rod of des potism. Hitherto the governor had omitted to demand any un usual fees in Chancery; but, at a meeting of council on the twenty-fifth day of April, he proposed a new table of fees to be established for his use as chancellor. On this occasion, the clerk of the council was excluded, and on the subject of the fees being agitated, President Dotin and 488 THE HISTORY chap.xiv. ]yjr Cumberbatch, were the only members who had the ho- }781- nest firmness to express their disapprobation of them. No question Avas put to the yote; but his excellency dreAV up a minute of their proceedings, conveying the sanction of the board to his proposal, which,-, without being shewn to the members present, was aftenvards entered, on their journals, by hjs directions. It cannot fail to excite the astonishment of every man of reflection, that these enormities should not have roused the spirit of the people to vindicate their violated rights, by an appeal to the laws of their country. Unhappily, those laAvs afforded but a feeble security. In all cases, civil and criminal, an appeal lies from the judgment of the courts of inferior jurisdiction to the court of error, composed of the governor and council. No prospect of success could, therefore, attend a prosecution, which might be ultimately determined by judges, who Avere themselves the authors of the injustice which Avas the subject of complaint. Under every disadvantage, Mr. Duke, as we have formerly seen, made an unsuccessful attempt to punish the deputy-secre tary, and Dr. ,Andrew Wade, about this time, lodged an information against him before Mr. Babb and Mr. Skeete, tAvo justices of the peace. But a difference of opinion arising between them, from the latter's doubting Mr. Work man's responsibility as the fees /were not taken for his OAvn use, WTade, knoAving nat a want of unanimity on the bench must prove fatal to the complaint, consented to compro- OF BARBADOES. 489 mise the matter, on Mr. Workman's engaging to be no far- chap.xiv. ther concerned in the governor's illegal exactions. His ex- 1781- cellency, hoAvever, Avas not long at a loss for an agent to execute his unlaAvful commands. He erected a new office, and a Mr. Nicholas Humphrey Walrond, Avho had at" once the meanness to accept the employment, and the boldness to defy the popular resentment, became the instrument of his tyranny and injustice. 3 R 490 THE HISTORY CHAP. XV. MUNIFICENT GRANT OF PARLIAMENT FOR THE RELIEF OF THE SUFFERERS BYTHE STORM DISTRIBUTION DELAYED— MESSAGE FROM THE GOVERNOR THE ASSEMBLY REFUSE TO RAISE THE SUPPLIES ALARMING PROSPECT OF AFFAIRS OBSTINACY OF THE ASSEMBLY PATRIOTISM OF THE PEOPLE DISSOLUTION OF THE ASSEMBLY — NEAV ELECTION CONTINUAL ALTERCATIONS BETWEEN THE GOVERNOR AND ASSEMBLY PLANS FOR THE DISTRIBUTION OF THE PARLIAMENTARY BOUNTY THE AS SEMBLY PROROGUED — ARRANGEMENTS FOR THE DISTRIBUTION. chap. XV iT is now time that Ave should take notice of the result 1782. Of those applications, Avhich, immediately after the late de structive hurricane, had been made to a beneficent monarch, 'by the ruined inhabitants of a devastated country. No sooner Avas the direful disaster knoAvn in England, than the sympathy of a generous nation was awakened by the suf ferings of their unfortunate fellow subjects. In the midst of an unnatural and ruinous foreign and domestic war, in which the national treasure was lavished in a manner unpa ralleled in any former period, the house of commons seemed, OF BARBADOES. 491 for a moment, to have forgotten the dangers and difficul- c^AJ^y- ties Avhich surrounded them, and to have felt no other l782- anxiety than to relieve the distresses of others. With a spirit truly characteristic of British liberality and grandeur, that august assembly unanimously resolved, on the motion jan. 2s of Lord North, " That the sum of eighty thousand pounds be granted to his Majesty, for affording immediate assist ance to our unhappy felloAv subjects in the island of Barba does, and to relieve and support such of them as have been reduced to distress and necessity by the late dreadful calamity, Avhich, in the month of October last, ravaged and laid Avaste the greatest part of the island." This noble donative, and humane attention to the sufferings of their felloAv subjects, in this distant part of the empire, will ever be regarded with gratitude and admiration, Avhile benignity and generosity are esteemed as virtues among mankind. The liberal benefactions of individuals were proportioned to the public munificence ; but the humanity of the gene rous citizens of Dublin was peculiarly conspicuous. They were convened at the Tholsel, by Sir Edward NeAvenham, lord mayor of the city, to consider on the most effectual and expeditious method of relieving the wants and neces sities of the people of Barbadoes. TAventy thousand pounds were quickly raised within that opulent city, by subscrip tion, to which the house of Latouche and sons contributed the princely sum of one thousand pounds. The money Avas 3 n 2 492 • THE HISTORY c^^3# judiciously invested in the purchase of articles of the first 1782, necessity, and shipped to Barbadoes, to be distributed un der the direction of the governor, for the relief of the suf ferers. And, it is pleasing to add, the generous intentions of the humane donors Avere literally accomplished by an impartial distribution among the sufferers, in proportion to their losses. Such an instance of exalted generosity failed not to excite the strongest emotions of grateful sensibility. The house of assembly did all that Avas in their power. By an unanimous vote of thanks, transmitted to Sir Edward NeAvenham, by their speaker, they expressed their grati tude to that patriotic, civic officer, and his worthy felloAv citizens, for their liberal donative. A sense of such refined benevolence cannot be conveyed by Avords ; it will survive the fragile records of political societies, and live for ever in liberal hearts. The vote of the house of commons was immediately com municated to Mr. EstAvick, the colonial agent, by the lords of the treasury; and a committee of the principal merchants and planters of Barbadoes, resident in London, Avas formed, by their lordship's recommendation, for taking into consi deration the most effectual means of carrying the generous intention of parliament into execution. The committee having met, entered into several resolutions, for exporting building materials, coarse cloathing, and provisions for the immediate supply of those who wanted them ; and for re mitting the sum of twelve thousand pounds in specie, to OF BARBADOES. 493 purchase such articles as could be most advantageously chap. xv. procured on the spot. A sub-committee was appointed for 1782- the purpose of furnishing the requisite supplies, free of commission, or of any emolument whatever; and of cor responding with a board of commissioners, Avhich they ad vised should be established in Barbadoes, consisting of the governor, the council, the speaker, and a certain number of the assemby, for the distribution of the parliamentary bounty, by such acts or orders as the legislature should think proper. Unfortunately, such a diversity of opinions prevailed, on the subject, that many months Avere permitted to elapse before the legislature could agree on any specific plan for the distribution; and the people had Avell nigh lost the greater part of the benefit intended for them, from the want of a proper concert and agreement among those to whom the disposal of the bounty was intrusted. On being informed of the proceedings of the committee in England* the assembly lost no time in appointing a committee to join April is. that of the other house ; but no corresponding arrangement having been made by the council, the business remained neglected for more than six months. In the mean time, the assembly received a message from May i*.- the governor, expressing his surprise that the passing of a levy bill, notAvithstanding the obvious urgency and neces sity of. the measure, should have been so long delayed. To provide for the. support of government, was an act so essen- 494 THE HISTORY c^Fl^' tial to the peace, safety, and prosperity of the country, 1782, that he tliought it his duty to give them an early opportu nity of accomplishing a business that so materially con cerned themsehres, as Avell as those whom they represented. The colonial debt, he reminded them, had already accu mulated to an amazing -amount, and was daily increasing to such a degree, that unless its growth Avas anticipated by a tax, proportioned to the public exigencies, it would soon become enormous. Many of the persons employed in the service of the country had been actually driven from their stations and employments by the difficulty of obtaining the reward of their labour. Public credit was almost annihi lated; and, Avhilst the private buildings of individuals were rebuilt or repaired Avith the most actiA*e and laudable indus try, those of the public still remained in ruins. These cir cumstances Avere not, he said, more honourable to a re spectable colony than injurious and distressing to -indivi duals; and the consequence of longer delay in raising the supplies for the public service, must eventually be the im position of burthens which feAv of the inhabitants would be able to bear. He, therefore, conjured the house, by every principle of regard for the interest and Avelfare of their con stituents, not to defer making an adequate provision to meet the necessary expenses of government, since the delay was likely to be productive of consequences extremely dan gerous, if not absolutely ruinous, to the community. Whatever were the. governor's motives ifbr thus earnestly 1 OF BARBADOES. 495 and frequently urging the passing of a levy bill, the pro- chap.xv. priety of the measure cannot be disputed. That the con- 1782- dition of the country, Avasted by a series of calamities, was rendered yet more deplorable, by the effects of the recent disaster, is readily admitted ; but there can be no doubt, that the bulk of the people were still able to pay the mo derate taxes which were required, tg defray the annual expenses of government. Besides, if it Avere necessary to retain the ancient expensive establishments of the country, it certainly behoved the legislature to afford immediate remuneration to those Avho were employed in the several departments of the state. And if a system of government were to be supported by taxes, levied on the people, it was a measure of common prudence, that the ways and means should be gradually furnished, in a manner least oppressive to the subject, rather than by a causeless protraction of the evil,, to crush them on some future day, by the accumulated weight of their burthens. These considerations Avere,- however, disregarded by the assembly. Smarting under the rod of oppression, they were only solicitous of mortifying their tyra nical ruler; and, in the indulgence of their resentment, the}7- sometimes k>st sight of the welfare and safety of their country. — Having taken the message of the governor into consideration, the house unanimously resolved, that the distressed circum stances of the people, labouring under the pressure of a great natural calamity, aggravated by his excellency's illegal 496 THE HISTORY chap. xv. and unconstitutional ' exactions, would not admit of their 1782. raising any extraordinary supplies, or even to provide the means of their own defence. Such an explicit avowal of determined indifference to public security, cahnot be jus tified. It was sufficient to have encouraged the enemy to embrace the opportunity, presented by intestine discord, of attempting 'the conquest of the island. Hence, let governors learn this useful lesson, that the most effectual means of attaching a people to their government, and of arming them in its defence, is the unmolested enjoyment of their civil rights and immunities. The capture of Saint Eustatius, the emporium of the West Indies, 'had thrown into the hands of the British com manders, employed on that service, such an immense plun der, that they Avere, for along time, incapable of attending to anything, but the sales of the valuable commodities of which it consisted. Many British merchants, both in England and the West Indies, had property to a consider able amount deposited there, for mercantile speculations, which Avere greatly facilitated by its being a neutral free port, the whole of Avhich Avas included in the general con*- fiscation. Whilst Sir George Rodney Avas thus employed, enriching himself on the spoils of friends and foes, the Count de Grasse arrived at Martinico, with twenty-five sail of the line, and six thousand troops, designed to extermi nate the British poAver in the American archipelago. On receiving intelligence of this event, Admiral Rodney has- OF BARBADOES. 497 cned to form a junction Avith Sir Samuel Hood, whose chap. xv. squadron, consisting of only seventeen sail of the line, had l782* sustained considerable damage, in a gallant attempt to in tercept the French fleet going into Martinico. Some time was necessarily spent at Antigua, in refitting those ships which had suffered in the action ; but as soon as this busi ness Avas accomplished, the commander in chief proceeded with his Avhole fleet, having an immense treasure on board, to Barbadoes. The indiscriminate confiscation of property at Saint Eustatius, involved Admiral Rodney in some very disagree able disputes and legal discussions Avith the British mer chants of both hemispheres ; and, in a fit of peevish resent ment, he asserted, in his official dispatches, that the English West Indian merchants, regardless of their duty to their country, had contracted to supply the enemy of the neigh bouring islands Avith provisions and naval stores ; and that his utmost attention should be employed, to prevent their treason from taking effect. A charge so scandalous and dangerous was not to be endured, by men conscious of their innocence and tenacious of their loyalty. The mer chants of Barbadoes, from the latitude of the expression, feeling themselves implicated in the false and malicious im putation, immediately dreAV up a spirited vindication of their character, in A\hich they wholly and explicitly denied the charge as a hasty, pernicious, and infamous misrepre sentation of their principles and conduct, and defied the 3 s 498 THE HISTORY chap.xv. admiral to support what he had so solemnly advanced. 1782. rpfl-s paper was transmitted to the colonial agent, who, con formably to the request of the mercantile body, wrote to Sir George Rodney, demanding, as an act of justice, that he would discriminate between the innocent and the guilty; that those who deserved it might be brought to condign punishment. No answer having been received to this rea sonable request, Mr. Estwick repeated his application with no better success. Disappointed in obtaining the repara tion which he expected, Mr. Estwick then made a public demand on Sir George, publishing his letters, together with the defence of the Barbadians ; but the admiral, probably regretting his having been betrayed into such an impropriety, silently declined to maintain or to retract the charge. MeanAvhile Saint Lucia was close invested by the enemy's whole naval force ; Avhilst a considerable body of troops, led on by an able and experienced general, Avere exerting every effort on shore to reduce the island. To the immortal honour of the gallant Brigadier General S. Leger, and the troops under his command, this formidable attack was completely defeated. Discouraged by the determined resistance Avhich every where opposed his progress, the Marquis de Bouille reimbarked his troops and returned to Martinico. To compensate for this disgrace, the French commanders immediately turned their arms against Tobago. On the very day that Admiral Rodney arrived at Barbadoes, a OF BARBADOES. 499 small French squadron, Avith a body of land forces, under chap. xv. the orders of M. de Blanchlande appeared off Tobago. 1782, Rodney, on the receipt of this intelligence, which was instantly conveyed to him by governor Ferguson, con- May 23. tented himself with dispatching Rear Admiral Drake, Avith six sail of the line, some .frigates, one regiment and tAvo additional companies, for the relief of the place. Upon Drake's coming Avithin sight of Tobago he had the mortifi cation to discover the Avhole French fleet, consisting of twenty-seven line of battle ships, betAveen him and the land. Finding it impracticable to succour the island, the rear-admiral, after ascertaining the strength and situation of the enemy, hauled his wind and soon appeared in vieAV of Carlisle Bay. Though the proper communication Avas June 2. directly made to the commander in chief, the fleet did not get under Aveigh until the next day, having in the interim landed the plunder brought from Saint Eustatius, and taken General Vaughan, with a considerable reinforcement of troops on board. But the opportunity of relieving Tobago was lost. After as gallant and obstinate a resist ance as is recorded in history, Governor Ferguson had been compelled to capitulate. The hostile fleets soon came Avithin sight of each Other ; but, though, as the enemy were to leeward and sheAved no disposition to avoid an action, the option of engaging lay with the British Admiral ; they separated after various manoeuvres, without exchanging a single shot. The protec- 3 s 2 , 500 THE HISTORY chap. xv. tion of Barbadoes seems to have been at this time the grand n82. object of Sir George Rodney's care ; and his declining an engagement with the Count de Grasse, Avhose fleet was only four in number superior to his own, proceeded, as he stated in his public dispatches, from an apprehension that it was the enemy's design, by dnnving him within the influence of certain lee currents among the Grenadines, to gain an opportunity of reducing Barbadoes before he could return to its succour. The loss of Tobago, and the proximity of an hostile naval force of acknoAvledged superiority, were circum stances Avhich could not fail to excite the most lively alarm in minds not Avholly insensible to the apprehensions of dan ger. At this critical conjuncture, Admiral Rodney Avrote to the governor, commenting, Avith some Avarmth, on the inattention of the legislature to the safety of the colony ; and, after menacing them with a formal complaint to the King, recommended his excellency to lay the country un der martial law. This letter was supposed to have been written at Pilgrim, by the governor's desire; but of this fact there is no evidence Avhatever. Be that, however, as it may, neither threats nor entreaties could soften the inflexibility of the assembly. Happily the general spirit of the people served to supply the deficiencies of their representatives. They formed themselves into volunteer associations, and,, with a zeal and alacrity highly honourable, undertook the reparation of 4 OF BARBADOES. 501 their dismantled fortifications. The example was set by chap.xv. the public spirited inhabitants of Bridge-ToAvn,. who, with 1782- ° June 4. the gentlemen of their vicinity, united for their defence, and raised a liberal subscription for carrying their patriotic design into execution. The example of the metropolis excited a general emulation. Similar associations- Avere im mediately formed in Speight's, Saint James's, OistinV and Reed's bay divisions. It happened, hoAvever, that in some of these places large sums Avere subscribed Avith greater facility than they Avere paid ; and of the money, which Avas collected with difficulty, much was applied in constructing unserviceable batteries,- and in removing old rustreaten cannon from the most assailable points to positions, Avhere, had they been good, they could have given but little opposi tion, to the progress of an invading army.. This laudable conduct, furnished the governor Avith an opportunity of arraigning the loyalty and patriotism: of the assembly,. Avhich he did not fail to embrace. Imputing their refusal to grant the necessary supplies to factious motives, he dissolved the assembly by proclamation, with- june 16S, out even consulting the council. His excellency's reasons for taking a step, Avhich was at all times extremely un popular, Avere, at least, plausible. The proclamation stated that, at the very moment when the neighbouring island of. Saint Lucia, Avas actually invested by the enemy,, the assembly Avere so utterly regardless of the safety of their constituents, as to resolve not to raise any supply whatsor- M02 THE HISTORY chap. XV. ever for the defence of the country. The ample subscript 1782. tions which had been since laudably raised by individuals^ for repairing the fortifications, and the facility with which they had been recently put into a state of defence, were convincing proofs, it was asserted, of the inclinations and abilities of the people to secure their country from the attempts of his Majesty's enemies, and of the readiness and willingness with Avhich they would have paid their respec'- tive assessments, if they had not been prevented by their representatives declining to pass a levy bill. It was there fore incompatible Avith his duty, his excellency said, as the king's representative, to suffer the public authority to remain any longer in the hands of men who had so obstinately refused to provide for the public Avelfare and security; and, in order that the people might have an opportunity of choosing men, who had a greater regard for their interest and safety, to represent them, at this time of public danger, he thought proper to dissolve the present general assembly. The proclamation occasioned a second meeting of thfe associated inhabitants of Bridge-Town, by whom several spirited resolutions Avere agreed to, and afterwards publish ed, as a refutation of the governor's charges against the assembly. These resolutions asserted, that the reasons sug gested for the dissolution of the house were founded in deceit and devised by extreme art, to pervert an originally good act, and to gloss over a most unwarrantable exercise OF BARBADOES. 503 of prerogative by a fallacious colouring. That the repre- chap.xv. sentatives of the people had acted uprightly, and perfectly 1782- agreeable to the wishes of their constituents, in refusing to pass a levy bill ; and that they yielded only to the dictates, of the soundest judgment and the impulse of the most patriotic zeal, in disregarding his excellency's importunity* for effecting his favourite object. That a subscription was opened for repairing the fortifications, on account of the inability of the people at large to p'ay any tax for that pur pose. The apprehensions of an immediate invasion ; the insufficiency of the public funds ; a*..! ,u< lamentable po verty of the community in general, operating at one and the same instant, impelled them to the adoption of that useful, but now perverted* expedient : That the extreme disproportion between the number of subscribers to the laudable design of repairing the fortifications and that of persons liable to pay taxes raised by/ a levy bill; and between the fund acquired by contribution and the sum. arising from a regular levy t>ill, carried in itself the; clearest reputation of the opinion of the general opulenee, ex- pre§sje4 in the proclamation, and completely exonerated the representative body from the heavy charges which his excellency had brought against them. That the assembly,. ^q far from being exposed to the imputation of feeling no- regard for the true interests of their constituents, or the safety of the island, had acted, upon principles diametrically opposite, and altogether worthy of their warmest approb^ 6 504 THE HISTORY chap. xv. tiojk Actuated by the same sentiments, the other patriotic 1782* associations adopted similar resolutions, which were so' per- fectly in unison Avith those of the metropolis, as to render any particular notice of them unnecessary. Whatever might have been the governor's motives for resorting a second time to an expedient so unpopular, he was now, as on the former occasion, doomed to experience a disappointment, aggravated by several circumstances which must have rendered it peculiarly mortifying and vex atious. All the old members were re-elected with an un usual degree of cordiality and good-will. In many parishes patriotic dinners Avere given by the freeholders in honour of their representatives,'' accompanied by the most flattering testimonials of popular approbation and esteem. They were presented with addresses from the electors, containing the most pointed reflections on the governor's rapacity and tyranny, at the same time applauding the firmness Avith which they had refused to increase the public burthens by the imposition of fresh taxes, and encouraging them to persevere, with the same independant spirit, in opposing the unconstitutional strides of -despotism. Thus the governor's injudicious appeal to the elective body served only to pro duce the clearest conviction of the unpopularity of his mea sures, and the detestation in Avhich he Avas held by all ranks of people, except the feAv, Avho, from the worst motives, continued to court bis favour. In this state of irritation, it was natural to expect that OF BARBADOES. $05 the meeting betAveen the governor and the assembly could chap.xv. not be very amicable. The house haAring met on the tenth 1782, day of July, proceeded to the choice of a speaker, Avhen Sir John Gay Alleyne Avas again called to the chair. This gen tleman had become so personally obnoxious to- the gover nor, that it Avas apprehended his excellency would not confirm their election ; but, though he did not, as usual, declare his approbation of the appointment, he coolly ex pressed his consent. His excellency's speech was remark able for its uncommon brevity. The organization of the militia, the repairs of the fortifications, the necessity of guarding the accessible parts of the coast, the passing of a levy bill, providing barracks ( or quarters for the King's troops, the improvement of the mole-head, and the esta blishment of a proper market in Bridge-town, Avere to pics suggested for their consideration, Avith a cold formality and indifference. On the last meeting of the late assembly, the merchants of Bridge-town had presented a memorial to the house, which they desired might be laid at the feet of their be loved Sovereign, complaining of the governor's arbitrary and unconstitutional establishment of fees, as oppressive as they Avere unprecedented. They charged him Avith fraud and duplicity, in issuing letters of marque and reprisal against the Dutch,. before he Avas authorized to do so, and with having, on Aveak and frivolous pretences, deprived the 3 T 500 THE HISTORY C^*\?Y' captors of several valuable prizes, which he had con- nss. trived to have condemned as droits of the -admiralty. It was also alledged, that, in order to apply the value of the prizes to his OAvn use, he had, without any just cause or reason, su&pended the officer who had been legally ap pointed by the court of vice-admiralty to receive the mo ney arising from the sale of the droits. For these, and many other reasons, the memorialists requested, that the governor's abitrary and tyrannical conduct should be repre sented to the King. This memorial was followed, on the first day of the ses sion, by a petition from the parishioners of Saint James'sy condemning, in the most pointed and unqualified terms* the tyranny of the governor and council, in extorting mo ney from the people, under the denomination of fees ; thereby establishing a system of taxation independent of their representatives, impeding the progress of business* abstracting the channels of justice, and subverting the constitution. The petitioners concluded Avith praying, that their complaints may be carried to the foot of the throne, with an humble supplication to his Majesty, to redress the grievances of his faithful subjects, and to signify his disagr probation of the conduct of those members of council who had voted for the establishment of fees, so as to deter all future members of that board from prostituting the ho nour of their high station, by obsequious compliances Avith the arbitrary and avaricious inclinations of tbe governor. OF BARBADOES. ,50r The forms of the house Avould not allow the taking of CHAP- x^- the governor's speech into consideration until the next . ,782/ Aug. 28. meeting, Avhen an address Avas moved for by Mr. James Straker, and agreed to by the house, with the exception of Judge Gittens, Avho objected to it, as precluding every idea of a revision of the militia law, and the passing of a levy- bill ; objects, Avhich, he said, it had ever been his wish to see effected. The assembly embraced this opportunity of addressing the governor, to remonstrate with great spirit and keenness of reproach on the stigma attempted to be thrown on the character of their house, by the proclama tion for its dissolution ; Avhich they termed a wanton and manifest abuse of the prerogative, with an artful design of misleading his Majesty's ministers in regard to the gene ral temper of the people, and to gratify an inordinate re sentment against the members of that assembly. In the unequivocal approbation of the inhabitants of every de scription, and the united voice of the Avhole body of free holders, by whom they had been re-elected, the assembly confided for a complete and unquestionable refutation of the reasons assigned by his excellency for their dissolution. The generous and voluntary contributions of individuals were, they maintained, no proofs of general opulence, nor of the supposed ability of the bulk of the people to sus tain the heavy expense of repairing the fortifications. Hav ing taken particular notice of each subject referred to their consideration, they concluded with declaring, in conform 3t2 508 THE HISTORY chap. XV. mity to the wishes of their constituents, openly and freely 1782, expressed, that they never Avould raise any supplies what ever, while they continued liable to be aggrieved by the demand of illegal and unconstitutional fees. Public bodies, as well as the individuals who compose them, are always ready to discern and censure in others the faults which, from the partiality of human nature, they are incapable of perceiving in themselves. Whilst the assembly Avere commendably employed ^in resisting the ar bitrary encroachments of the other orders of the legislature, they scrupled not to overstep their constitutional limits, and to assume a dispensing power over a positive law. They directed the treasurer to suspend, for tAvo months, the collection of the taxes remaining due on the levy bill, which was passed on the twenty-sixth day of July, one thousand seven hundred and seventy-nine. The council, who had without hesitation consented to violate the fundamental rights of the commons, now suddenly became the vindica tors of that constitution whieh they so recently endeavoured Sspt. 19. to subvert. They resolved that the directions given by the assembly for stopping the payment of the taxes was exer cising an illegal, unconstitutional poAver of dispensing Avith the operation of a positive law, on the authority of one branch of the legislature ; and that an order, so partial, could be no justification of the treasurer for neglecting his duty. But as the intention of the assembly Avas founded on. humanity, for the indulgence of the people under their OF BARBADOES. 509 present disastrous circumstances, their honours professed chap. XV; their readiness to concur in passing an act to protract the 1782- payment of the taxes to the time proposed by the assem bly; the only constitutional method, they observed, of checking or suspending the operation of the law. The treasurer, having received a copy of this resolution from October 2. the clerk of the council, laid it before the- assembly at their next meeting. The reading of a paper of this tendency natu rally called up the speaker. He observed that the mode of proceeding now objected to, had been practised by that house, merely for the sake of dispatch, for nearly tAventy years, Avithout a single objection having been started by either of the other legislative branches. But noAv, the ob jection was made, he recommended the house to pass a bill, as the more reginar way of obtaining the required indulg ence. A bill for that purpose Avas accordingly passed, and sent up to the council for their concurrence ; with a mes sage, apologising for their unintentional infringement on the privileges of that board. Pleased Avith the council's reso lution of adhering to the principles of the constitution, the assembly cheerfully renounced the slightest deviation from the same line of duty in their own proceedings. But they reflected, they added, Avith no small degree of consolation, under the sense of having erred, that the error had arisen solely from a zeal to. lighten the burthens on the shoulders of their fellow subjects, and. not from a presumptuous de sign of increasing their weight. The bill, hmvever,. was re- 510 THE, HISTORY chap.xv. jected by the governor. No substantial reason, he said, .1782. having been given to induce him to believe, that the pro posed indulgence to the -inhabitants could materially alter their situation at the expiration of two months. And as the levy, to be raised by the bill .whose operation Avas thus meant to be suspended, Avas the only fund applicable to the defence of the island, and to carry on the works which, from the. state of the war, it Avas absolutely necessary to complete with the utmost expedition, he could not consent to the delay. Matters were thus verging to a crisis between the gover nor and the assembly. Their complaints againts his excel lency Avere pressed forward Avith great zeal and fidelity by the agent, and a day Avas actually appointed for a final hearing of the charges before the board of trade. In the mean time, his patron, Lord George Germaine, had ex pressed such an explicit disapprobation of his conduct, that scarcely a hope remained of his being able to retain his government, unless he could compromise the dispute with the assembly. Hence, in his communications with them, lie began to assume a milder tone. Before the house ad journed, they received a message from his excellency^ con* taining an extract of a letter from the secretary of state, in these words : " The temper and good disposition which you have shewn in your speech at theopenkg of the assembly,* On the 1 4th February, 1781, previous to their tasY dissolution. OF BARBADOS. 51 is gives me just grounds to hope that all animosities will chap.xv. cease ; and that the council and assembly will be ready to i7«c act with you in pursuing the true interests of Barbadoes ; by providing for its security by the passing of a proper levy bill, and by repairing the forts and batteries necessary for its defence ; his Majesty having no other wish than that of promoting the happiness of all his subjects." The message contained a profession of his excellency's concern, at finding that the assembly's last address Avas written in such an intemperate style, that he could not, consistently with his character, and the station Avhich he filled, return an answer to it. But he took that opportu nity of declaring to them that, upon their passing a proper levy bill, he Avas ready, as he had always been, to join Avith them in every just and reasonable proposition, for the ease and interest, as well as for the security of the people. On the subject of fees, his excellency thus expressed himself: " Although I consider them as part of my just and lawful rights,. I can assure you, that, if the assembly had granted me the salary long enjoyed by many of my predecessors, and Avhich, it is Avell known, their constituents in general. were not only willing, but desirous they should grant, it never would have entered into my mind to propose the establishment of fees to the members of his Majesty's coun- • cil. Nor can I suppose that board would have concurred in the measure, if they had not been fully convinced that the abridged salary granted by the assembly was by no means % 512 THE HISTORY C^v-^y' sufficient to support the dignity of government. And if any subsequent assembly had shewn an inclination to com mute the fees established in council, for the usual salary,- I should long since have cheerfully made them the proposal. But as, in consequence of the assembly's petition, they have been lately referred by his Majesty to the lords com missioners for trade and plantations, for their consideration and report thereon, that event must noAv take place, unless by a proposition from the assembly, the matter is compro mised and settled before it comes to a hearing." Here the door of reconciliation was throAvn open ; but unfortunately the assembly could not enter, either with honour to them selves or security to their constituents. A commutation of the fees Avould have amounted to an acknowledgment of the governor's right to them ; and have laid them at the mercy of every future commander in chief. . The message then proceeded to inform the assembly, that General Christie had arrived Avith a battalion of the sixtieth regiment, which had been lodged, by his excellency's or ders, in the forts ; and recommended that the house should make some provision for the better accommodation of the troops. The reparation of the forts Avas urged Avith great earnestness, as being indispensibly necessary for the secu rity of the country. And, as a proof of his excellency's attention to minor objects of local convenience, he men tioned the decayed state of^the tAvo bridges in Bridge-town, -with a vieAv to their being immediately repaired, and at the 6 OF BARBADOES. 513 same time suggested the expediency of an act to prevent chap. xv. the removal of those banks of stones Avhich had been for- W^ tunately throAvn up by the hurricane, and which contri? buted in no small degree to the safety of the towns. The assembly's answer breathed nothing of an amicable Oct. 9. or conciliatory spirit. The duty and affection, Avhich they held inviolable to his Majesty's person and government, had induced them, they said, to take his excellency's mes sage into their most serious consideration ; and after a calm and dispassionate review of the real circumstances of the people, they found themselves confirmed in their former re solution, not to increase the public burthens on any pre tence Avhatever. The interest and prosperity of the com munity Avere blessings that depended lesss on their security from external violence, than on the peaceable enjoyment of liberty and property, secured from the encroachments of arbitrary power Avithin. Concerning the fees, to which his excellency had asserted a just and legal right, they chal lenged him to produce a single law local or general, Avrittea or unwritten, which could sanction his claim. On this sub ject they ran into a tedious discussion, which Ave willingly avoid. Their objections to the legality of the fees, and the reasons on Avhich the salary was voted, being substan- 4aally the same as those of which we have already takeji ample notice. The overture for a commutation of the fees, as a basis of reconcaiatiofny was rejected with the prudence and spirit 3 u 514 THE HISTORY chap. xv. becoming the representatives of a free people. Thoroughly 1782. convinced of the illegality of the claim, and not less sensi ble of the unconstitutional authority by Avhich it had been sanctioned, they should consider it, they said, a dereliction of their country's cause, Avere they to make any proposi tion that might be construed into an acknowledgment of his right, or that he had any thing to yield on the ground of a commutation. On the contrary, they declared their fixed determination that, so long as such a dangerous usur pation of poAver, as the levying of money without the con sent of the general assembly, Avas exercised, they, who were the only proper persons to raise supplies for the ser vice of government, Avould not, by increasing the burthens of their constituents, become the instruments of adding to their grievances. Nov. 27. Notwithstanding the failure of this attempt, his excel lency determined on making another effort to awaken the assembly to a due sense of the danger to which the country was exposed, by the proximity of a formidable enemy, flushed with success. To this end he sent down a message, intimating that, from intelligence lately received, there Avas every reason to believe that the enemy Avere preparing to attack Barbadoes. He therefore requested they Avould ena ble General Christie to remove the heavy artillery, ammu nition and provisions, to Fort George ; and recommended that the militia should be more frequently assembled, and better disciplined. His excellency, at the same time, com- 2 OF BARBADOES. 5U municated to the house, on the authority of a letter from chap, xv the secretary of state, that the application of a part of the "^m^ parliamentary bounty, to the defence of the island, would be an appropriation perfectly agreeable to his Majesty ; and concluded with hoping, that the loyalty of the assem bly would induce them to take the alarming and critical state of the island into their most serious consideration, and to adopt such measures as Avere most essential to its safety and defence. The assembly readily voted an aid of negro labour for the removal of the cannon and stores; but they Avould nei ther consent to the more frequent assembling of the mili tia, nor to the proposed appropriation of any part of the money granted by parliament to the repairs of the fortifi cations. While they acknoAvledged the danger of their si tuation, they calmly protested, that they Avould not suffer their apprehensions to betray them into any means of pro viding for the public defence, not warranted by the prin ciples of justice and humanity. Upon their loyalty, indi vidually and collectively, they affirmed, his excellency might rely with the utmost certainty; but they could not help lamenting, that they should be called to a contest with an inveterate enemy, under a chief, who, having despoiled them of their property, had destroyed that necessary con fidence, with which they Avould have been happy to have followed a faithful representative of the father of his peo- 3u 2 516 THE HISTORY chap. xv. pie. Finding every endeavour fruitless, his excellency pro- 1782. rogued the assembly to the twenty-sixth day of February. MeanAvhile the council having appointed a committee to join that of the assembly, to arrange a plan for the distribu tion of the parliamentary bounty, a bill, the production of the joint committee, had been laid before the house on the second day of October. Various amendments were pro posed by the speaker, and, being adopted by the house, the bill passed the assembly unanimously on the thirtieth of that month. The Avhole of the donation was, by this bill, A'ested in a board of commissioners, composed of his excellency and a certain number of the members of both houses, to be distributed among such persons as had been reduced to distress and necessity by the hurricane ; in other words, to the poor and indigent sufferers. The governor was anxious that the money should be applied to the de fence of the island, and had actually written to the secre tary of state, representing the want of unanimity in the council and assembly, and soliciting, an order to throw the whole of the humane benefaction into the public coffers, by which he Avould have secured the payment of his salary, and been enabled to complete his plans of fortification. "With views no less sinister, the council, who were all men of considerable landed estates, were desirous of appropri ating the money to the payment of the public debts, and of distributing the provisions generally arnpng the suffer.erg OF BARBADOES. 5J7 of every description. The bill sent up by the assembly, cha™ xv. being of an opposite tendency, Avas unanimously rejected 1782, by the council ; and the prorogation of the assembly pre vented their concerting any measures for the disposal of the valuable cargoes sent out by the sub-committee, and Avhich arrived only the day before that event. The value of the provisions, many of Avhich were of a perishable nature, Avas of course materially depreciated by the delay, which Avas productive of an expense of tAvo hun dred pounds a month for storage. Meamvhile the council passed a bill, which was deliA^ered to the clerk of the assem bly, to be laid before the house after the recess. The design of this bill Avas to distribute the four cargoes which had been received, Avhile the cash Avas to remain locked up from those for Avhose benefit it Avas intended till the result of the governor's application Avas knoAvn. It proposed the appointment of commissioners, by whom the stores and goods were to be divided into eleven equal parts, one of which was assigned to the vestry of each parish, who were required to distribute them generally in proportion to the loss sustained by each individual. Notwithstanding the obvious partiality and injustice of 1783. this arrangement, it was plausibly and ingeniously sup- Feb- 27- ported on the meeting of the assembly by Mr. Straker and Mr. Husbands. The former of these gentlemen, in a long and animated speech, replete with much severity of ani madversion on the conduct of the governor and council, 518 THE HISTORY chap.xv. professed himself an advocate for a general distribution. 1783. jy[r> Husbands thought that the best, the most effectual, the most general and impartial mode of disposing of the parliamentary bounty, Avould have been to have throAvn the whole into the treasury, applicable to the public exigencies. By such an appropriation of the donative, they might have paid off the colonial debt, have done justice to the public creditors, and sheAvn a due regard to their distressed con stituents, by relieving them from a load of taxes ; -they might have repaired the mole-head and rebuilt their fallen sanctuaries. It Avas not Avithin the sphere of his compre hension to discover how a state could be benefited more effectually than by the payment of its debts, the reparation of useful and necessary Avorks, and the establishment of a fund to meet the expenses of government for a succession of years. Besides the gift of parliament, he said, was a public boon, conferred by the public of England on that of Barbadoes ; the public Avere to be under the obligation, and consequently ought to receive the benefit. But as he was noAv precluded from all hopes of' such an appropriation of the bounty, as he thought most eligible, and as a distri bution at all events was to take place, he voted for the bill, because of the tAvo he preferred a general to a partial distribution. On the other hand, the bill experienced an animated op position from the humane, disinterested, and patriotic speaker of,, the assembly, whose generous soul disdained OF BARBADOES. 519 every personal consideration, Avhen put in competition with chap. xv. the welfare of his country, or the calls of justice and hu- 1783 manity. He commenced an eloquent and argumenta tiAre speech Avith saying, that he could not rise to deliver his sentiments upon that occasion, Avithout yielding to the most painful reflexions, on the melancholy state of his ill- fated country, Avhich could neither relieve itself from its difficulties and afflictions, nor avail itself of the advan tages which Avere held out to its acceptance. He Avarmly reprobated the mode of distribution proposed by the coun cil, and highly disapproved of the seeming surrender of the money, implied by their silence on that point. He contend ed Avith great force of argument, that the Avhole of the mu nificent donative ought to be applied, in conformity to the language of the vote of the house of commons, to the relief of such as had been reduced to distress and necessity by the hurricane. He condemned, in the most pointed terms, the scheme of a general distribution among those, of every de scription, Avho had sustained any injury by the storm ; many of Avhom, notwithstanding their losses, continued to enjo}7, if not the luxuries of affluence, the blessings of compe tence. Such a plan, he said, Avas not less inconsistent Avith the humane intention of the benevolent donors, than injurious to those distressed^ necessitous persons, for whose benefit the gift was designed. With a peculiar felicity of expression and strength of reasoning, the venerable patriot exposed the injustice of 520 THE HISTORY C^^J~ liquidating the colonial debt, and exonerating the opulent 1783- planter from the payment of taxes, at the expense of the houseless objects of charity, Avhose small properties had been ravaged by the storm. By such a disposal of the bounty, those Avho had suffered the least would probably benefit the most ; Avhile others, Avho had been totally ruined ; by the destruction of their property, might, in fact, derive no advantage from the benevolent intention of parliament. For as the taxes for the support of government Avere chiefly laid on slaves, it was demonstrable, that he Avho had the greater number would benefit by the proposed mode of distribution, not in proportion to his loss, but in an exact ratio to the taxable property which he had saved from the conflict of elements. As an illustration of this part of his argument, Sir John Alleyne mentioned an instance of a planter Avho had a hundred and fifty slaves, but whose loss Avas so trifling, that, in the event of the money being thrown into the treasury, he would be a considerable gainer by that calamity, Avhich had involved others in irretrievable ruin. The honourable baronet concluded an elaborate and brilliant display of oratory, with moving several amend ments to the bill ; which being adopted by the house, it passed without a dissenting voice. But its progress in the council chamber was obstructed, by an occurrence Avhich rendered it unnecessary. The governor's application to the secretary of state, for an order to appropriate tbe money to the repairs of the for- 1 QF BARBADOES. 52 1 tifications, had been referred to the lords of the treasury, chap.xv. who immediately called for the opinion of the London comr 1783, mittee on the expediency of the measure. Perceiving that the difficulties Avhich impeded the disposal of the bounty, had been purposely contrived by his excellency, the com mittee, whose patience sems to have been exhausted by the ¦unreasonable protraction of the business, determined to alter the plan, and exclude the governor from any concern in the distribution. They resolved, that the constituting a board of commissioners in Barbadoes, consisting of all the resident members of council, and an equal number of the assembly, of which the speaker should be one, having power to dispose of the parliamentary grant by a majority of voices, is the most expedient method of carrying the benevolent intentions of parliament into execution. This resolution having been approved of by the lords of the treasury, the secretary of state, by his Majesty's orders, wrote to the governor, directing him to recommend to the council and assembly the passing of a bill, in conformity to the mode suggested by the committee. A board of commissioners Avas accordingly constituted by an act of the legislature* Avith full power to make a final distribution of the bounty in any manner they should think proper. On the first meeting of the commissioners, May 1. Mr. Bishop, of the council, moved that the sum of forty thousand pounds sterling should be- thrown into the public 3 x 322 THE HISTORY chap. xv. coffers to liquidate the colonial debt. The motion Avas sup- ma. ported with great earnestness by Mr. Husbands. To him nothing was more clear, from the Avords of the resolution of the house of commons, than that it Avas the intention of parliament to afford assistance to all, relief to the distressed, and support to the necessitous. , On the other hand, Sir John G. Alleyne contended, that the proposal was equally inconsistent with the vote of the house of commons, and the minutes of the lords of the treasury, from both of Avhich it was evident, that the dona tive was designed for the relief of "the indigent sufferers by the storm ; those who, by that dire calamity, had been re duced to distress and necessity. All arguments were unavail ing : there was no resisting the mute eloquence of numbers; the boon that Avas intended for the relief of the poor dis tressed, was applied to lessen the taxes on the opulent pos sessors of slaves. Out of this fund, the board agreed to provide for the repairs of the town-hall ; one thousand pounds was allotted for the rebuilding the neAV bridge, and nineteen hundred pounds Avere granted to six parishes for rebuilding,their churches. Fifteen hundred pounds sterling had been paid by the London committee to Mr. Estwick, as agent for the island, to conduct the prosecution against Governor Cunninghame. Of the halance, eighteen hun dred pounds were allotted to the sufferers in each parish, to be distributed proportionably among those persons whose 6 OF BARBADOES. 523 losses exceeded not fifteen hundred pounds. Great de- chap.xv. lays Avere, hoAvever, suffered to obstruct the distribu- l783, tion, and five years had elapsed before it was accom plished. It was surely a curious arrangement, to allow the least populous parishes a sum equal to those which had . the greater number of families, equal even to that allotted for the metropolis, whose loss of property as far exceeded that of any other district, as its population surpassed the inhabitants of the other parishes. There cannot be a stronger proof of the absurdity and injus tice of the plan which Avas adopted, than the following fact. A gentleman of Bridge-town, who had very few slaves, sustained a loss of more than fifteen hundred pounds, in houses and other personal effects. But those very circumstances, which were in reality aggravations of his misfortune, precluded him from relief: his loss ex ceeded the limits prescribed by the commissioners; and, having but feAv slaves on Avhom he could save the tax, he was left to bear the undiminished weight of his cala mity. For the sake of perspicuity, we have pursued this sub ject as far as our means of information extended, with out much regard to the order of time. And, Avhile it affords the most incontestible evidence of the national. beneficence, opulence, and generosity, at the recollec tion of which, every heart, susceptible of a due sense of 3x2 $24 THE HISTORY chap.- xv. benefits, must throb with grateful sensibility, we cannot 1783. reflect Avithout humiliation and concern, on the dissen sions which it produced ; on the obstacles that retarded the distribution of the bounty, and lessened its value to the unfortunate sufferer; and on the application of so ' large a portion of the munificent donative to public pur poses. Whatever traces of genuine loyalty and patriotism may be discovered in the refusal of the assembly to raise the necessary supplies for the support of government, there seems to have been no inconsiderable degree of impolicy in suffering the public debt to accumulate to Such an amount, and of in justice in neglecting to provide for the payment of the pub lic creditors, many of whom, though placed in the most in digent circumstances of human life, had been unpaid for three years. At length, driven to despair, the gunners and matrosses of Reid's Bay, Speight's, and Saint James's divi sions could no longer suppress their complaints. Their pe titions to the assembly, stated, that many of them,, with large families to support, Avere reduced to the lowest ebb of fortune ; and were frequently indebted to the benevolence of their more fortunate neiighbours for their daily subsist ence; their wants, however, were unheeded. The voke-of justice and humanity was heard no more, or was Jisteia- ed to only when it forbade the imposition of taxjesv The petitions were ordered to lie R)ad which he had been diligently pursuing for twelve chap.xvi. months Avas too circuitous to lead to the direct attainment 1783, of his object. The board of trade, he found, could form no ultimate decision on the point at issue. They were only , a board of inquiry, on whose report the King, in council^ was finally to determine. Hence, he pretended to think it better to. rely on the wisdom and' justice of Lord Shelburne, the neAv secretary .of state, for an immediate^ but partial, redress of the grievances Avhich were the subject of com plaint, than to bring the matter to, a hearing before the board of trade, which being composed, as he said, of per sons devoted to the will of Lord George Germaine, the go vernor's patron, their report might have been eventually unfavourable to the colony. This is the substance of the reasons Avhich, upon being pressed on the subject by the secretary of the board of trade, Mr. Estwick assigned, for declining, the hearing before the only tribunal, which, from its earliest establishment, had- invariably taken cognizance of all colonial complaints, preparatory to a final adjudi cation.. Their lordships, however, in obedience to- his Majesty's commands, met at the time and place appointed^ and although Mr; Dunning and Mr. Piggott had been re tained on the part of the colony, the agent thought proper to refuse the assistance of council, and* stated his objections to any farther proceedings on the proposed inquiry. - Aftec hearing what the governors advocates had to offer on the occasion, the board hesitated whether they ought to report 528 THE HISTORY chap.xvi. generally on the case as it then stood before them, or spe- 1783, cially, that the agent for the colony had declined the hear ing. Mr. Estwick's politeness removed all difficulty, by declaring his perfect acquiescence in the latter mode. Happily for Barbadoes? the agent's confidence in Lord Shelburne was not misplaced. By the first packet Avhich left England, after the arrangement of the new administra tion was completed, General Cunninghame received his" June n. Majesty's orders to resign the government. Thus the re moval of the odious and tyrannical chief Avas entirely ari act of royal clemency, or rather of ministerial patron age, and not the result of any legal nor formal determina tion of his guilt. The question of rnal-administration was still undecided, and the oppressor escaped the punish ment due to his crimes. The governor spent but little time in preparing for his departure. Unable to bear the public eye, or apprehen- ; sive of personal insults, he privately embarked, under June is. cover of the evening, on board the packet, where he re mained, unnoticed and unmolested, from Tuesday till the Thursday following ; when, to the inexpressible joy of all ranks of men, he bad adieu to a country whose govern ment he had administered, without honour or satisfaction to himself, to the manifest injury of a faithful, and loyal people. June 19. In obedience to his Majesty's commands, signified to him by the secretary of state, the Honourable John Dotin, as* OF BARBADOES. 52$ sumed the reins of government on the day after the gover- charxvl nor left Pilgrim, and immediately issued a special summons ,78?- to convoke the legislature on the second day of July. Both houses having accordingly met, the president addres sed them in a speech less remarkable for its elegance than for the patriotic sentiments Avhich it contained. In simple, artless language, he told them, that having been directed by Lord Shelburn, to take charge of the ^government, his first care had been the removal of those illegal tables of fees which the late governor, Avithout any colour of right, had set up and extorted from his Majesty's loyal and dis tressed subjects. After an unqualified, reprobation of the governor's conduct, he added, that he had been commanded by his Majesty to use his best endeavours to secure and for tify the island, and to rouse the spirit of the people to a vigorous exertion in their own defence. To the repairs of the fortifications he requested their particular attention, and earnestly exhorted them to unanimity and harmony in their proceedings, as the surest means of obtaining the fa vour and approbation of their Sovereign, of promoting the prosperity of the country, and of doing honour to themselves. This honest, unstudied harangue drew from the council the following indecent and unprecedented reply : " The manner in which you were called to the command of the island, your honour has been pleased to signify to us with sentiments that do you credit. The trust delegated to you 3 y 530 THE HISTORY chap.xvi. cannot be abused, Avhile you thus honourably-bear Avitness 1783- to its importance. We look up to your honour Avithout a shadow of doubt, for that moderation and propriety which will ensure equal applause to this as t-o your former mild and impartial administration. But, while Ave thus express ourselves toAvards you, Avith that justice Avhich is due for. the opening of your speech, Ave must, at the same time, writh indignant freedom, condemn the censure implied on that branch- of the legislature of Avhich your honour surely did not, at that time, consider yourself as head. The li berality of your self-denial, respecting the tables of fees, may be applauded by some, yet how to reconcile your pre sent declarations to your former conduct Ave are at a loss ; and confess them to be no less strange than contradictory. Governor Cunninghame's measures, so decisively, if not indelicately, pronounced illegal and oppressive, met the concurrence and confirmation of that board, at which your honour Avas then sitting as head. Nor can Ave now acqui esce in these new ideas of extortion and illegality ; but ra ther place them to that Avavering of sentiment which sacri fices the steady principles of government and virtuous con sistency, to the giddy pleasure of fickle popularity and ductile compliance. The opposition ' and extortion thus wantonly thrown upon us, it behoves us to oppose in this public address; and, we trust, that your language, on this occasion, is rather inconsiderately, than deliberately, in tended to stigmatise that hoard, of which your honour has OF BARBADOES. 531 been so many years a member. But this is a subject too chap.xvi delicate for the times, and too pointed to be discussed in 1783- such a moment. Yet, surely, it may be permitted us to remark, that, hoAvever expedient a compliance with the Avishes of the people may have become, your honour might have declined the work of recrimination in this your first public declaration. " We have hitherto done our utmost for the safety of the island, so often recommended by the late governor, Avhose attention and unAvearied perseverance in the discharge of this part of his duty, every member of this board can vouch for. Whatever difference of opinion may have existed, this tribute surely he claims ; nor shall the rage of opposition deter us from giving credit where credit is due. A retrospect of the past, will lead us to adopt the happiest unanimity in all measures that shall conduce to our internal tranquillity and defence; and we look,'AAdth pleasure, to the concluding sentiment in your honour's speech. May harmony and peace reside among us ; may true freedom for ever flourish over eArery tyrannic delusion, Avhether among the rulers or the ruled ; may there be one contention only in the differ ent parts of our constitution ; the contention of promoting the public good." This address experienced considerable opposition from some gentlemen of the council. Far from concurring in the resentment expressed in the address against the presi dent for his free and candid declaration concerning the 3 Y % 552 THE HISTORY cflA*.XVi. illegality of the fees, extorted by Governor Cunningham^ ns3. .^jr Bishop adopted the sentiments of the speech, and as serted, that tbe fees Avere not only illegal and unconstittb- tional, but that they were calculated to establish a danger ous precedent, to the encouragement of future avaricious commanders in chief, to trample upon the rights and pro perties of the people. The address was, however, agreed lo, and, being subscribed by Mr. H. Frere, Mr. Moe, Mr. Best, Mr. Keeling, and Mr. Ince, was presented in due form. It, however, produced a singular protest, signed by the Hev. Mr. R. Brathwaite, in which, after dissenting from sb -much of the address as censured the president's remarks on the governor's oppressive exactions, he entered into a for mal recantation of his own political heresy. " I do heartily condemn myself," said the reverend divine, " for not having protested against the table of fees which G6vernor Cun ninghame laid before the council, and sincerely wish they could be expunged out" of the council-book, and annihi lated. His excellency having declared that he should not Deceive more than fifteen hundred a year of the English sa lary, and would not accept of the two thousand pounds per annum settled on him by the house of assembly, I, am bitious that the King's representative should have the means =©f supporting tbe honour and dignity of his station, ac quiesced with him in the measure, not having the least sus- % OF BARBADOES. 535 picion of the delusive purposes and fallacious drift of the chapxvl man's mind." ^nes^ The president too was eager to repel the insinuations of . duplicity and vacillation thrown out against him by the council. He published a formal vindication of his con duct, in which much was said and more hinted. Upon a review of what bad passed in council, when the question concerning the fees Avas agitated, he fully exculpated him self, as far as his own uncontradicted assertion can be admitted as exculpatory, from any participation in the guilt of those by whom they Avere sanctioned. But as the facts, to which he appealed, have been already taken notice of in a former chapter of this volume, it is unneces sary to repeat them in this place. Agreeable to the forms of the assembly, no answer could be returned to the president's speech until their next meet ing, and as the house Avas on the eve of its dissolution, it was proper that the salary should be taken into immediate consideration. The house having, for this purpose, re solved itself into a committee, Mr. W. G. Alleyne moved, that the sum of fifteen hundred pounds a year should be settled on the president during his administration. An amendment was proposed by Mr. Straker, the object of Avhich was to reduce the settlement to one thousand pounds; but on the question being put, the amendment Avas lost on a division of eleven to eight, and the original motion Avas carried in the affirmative by the same majority. 534 THE HISTORY -chap.xvl -^he house being resumed, unanimously resolved, that 1783. an humble address be presented to the King, to return his Majesty their most grateful thanksfor having been graciously pleased to remove Major-General James Cunninghame from the administration of this government: That the thanks of this house be transmitted to the Right Honourable the Earl of Shelburne, for his active zeal and ready execution of his Majesty's orders for the recal of Governor Cunning hame ; by Avhich the country had been happily released from an arbitrary and oppressive system of taxation, and the assembly joyfully restored to the accustomed exercise of their constitutional powers : That the thanks of this house be transmitted to Samuel EstAvick, Esquire, for the zeal and activity Avhich he. had manifested for the public service, by his patriotic exertions in promoting his excellen cy's removal from the government of this island. The assembly having sat the ordinary term of one year, its existence Avas terminated by a political euthanasia. Perfectly satisfied Avith the conduct of their representatives, the freeholders of the different parishes hesitated not to en trust their rights in the hands of the same faithful guardians*. * The members were for St. Michael's, J.Mayers and J, Beckles ; Christchurch, :•<. * .J. Burke and T. Burton ; St. Philip's, J. Gittens and L Millington; St. George's, It. B. Jones and A. Frere ; St. John's, S. AValcolt and R. Haynes ; St. James's, T. Alleyne and B. Bostock ; St. Thomas's, W. G. Alleyne and J. Straker; St. Peters, S. Hinds and H. Walke; St. Lucy's,' B. Babb and S. Husbands ; St. Andrew's, Sir J. dQ. Alleyne and A. Cumberbatch ; St. Joseph's, J, Stewart and T. Waterman. s OF BARBADOES. 535 On the meeting of the new assembly, the session was c^?^3»1' opened with the usual formalities, and with a speech ^J3^ from the chair, containing a feAV trite observations on com mon topics. The state of Fort George was recommended to their serious consideration; and to their Avisdom it Avas left to determine, Avhether they would be at the expense of the Avorks Avhich had been begun there ; or rest sa tisfied Avith the loss of the large sum which had been already expended on them. His honour congratulated the assembly on the unanimity of the late elections, and urged the council to a punctual attendance on their duty in the court of chancery. The economy' of his former adminis tration, in saving the expense of oil for the lamps at Pil grim, was not forgotten ; and he pledged himself to a strict observance of the same frugality, now that the reins of government were again placed in his hands. .And, Avhile in the former part of his speech he regretted the insuffi ciency of the guard at Fort George, were there was a con siderable depot of gunpowder, with a strange inconsistency,. he concluded Avith recommending a reduction of the ma trosses at Pilgrim. This seems to have been an awkward attempt to acquire popularity, b/a scheme of frugality not less injudicious than trifling. The matrosses were entirely at his disposal; and he ought to have made such an ar rangement as might have strengthened the guard at Fort George, by a detachment from Pilgrim. 536 THE HISTORY chap.xvi. The council's address was a sensible, nervous reply, to ¦i7*3- the topics adverted to in the speech, and concluded with these just and apposite observations: " Economy could never be practised at a season that calls more loudly for the greatest exertion of it, than at present. But even in economy, there may be a point to stop at; nor should the mind be busied in little savings that are hardly distinguish able in the greater and more necessary expenditure of government. The true medium, it is hoped, Avill be attain ed, equally avoiding an improper parsimony, and an useless profusion. Yet, in a war so implicated as the present, it surely Cannot be deemed an economy, either requisite or prudent, to relinquish any part of the number of matrosses, whose use is obvious, where cannon are intended as a means of defence." The assembly availed themselves of this opportunity, to congratulate the president on his re-accession to the chair ; which, according to their polite declaration, he had, by his first generous act of power, elevated to an eminent pitch of splendour, and rendered it, Avhat it always ought to be, the seat of dignity and honour. His unreserved condemnation of the tables of fees, set up by Governor Cunninghame, however unpleasant to the few Avho had' conspired with that venal chief in his oppressive measures, could not fail, they said, to endear his honour to that house, and insure to him the affection and confidence of the people over whom he presided. As they could neither OF BARBADOES. 537 discover the utility of Fort George, nor the propriety of C^A^7L expending a larger sum on a place incapable of a permanent 1783, defence, they Avere content- rather to lose Avhat it had al ready cost, than to impose fresh burthens on their consti tuents, for the purpose of perpetuating the senseless am bition of the oppressor, under Avhose inauspicious admi nistration it Avas planned and carried on. They thanked his honour for continuing the system of economy so happily begun during his former presidency, and assured him of their cheerful co-operation in folloAving the great example set by their beloved Sovereign, and adopted by his.parlia-. ment, to restore the neglected virtue of frugality to its proper rank and influence. This Avas an allusion to Mr. Burke's economical reform in the expenditure of the civil list. But while that great and enlightened statesman re jected every idea of a mean and pitiful saving, our colonial patriots amused themselves Avith extinguishing a few lamps, and depriving half a dozen matrosses of their salaries. The address Avas most graciously received by the presi dent. He returned his Avarmest thanks, for the honour Avhich the assembly had done him, and hoped that every act of his administration Avould give them pleasure ; adding this remarkable declaration : " Let the few, or let the many, oppose" me, as much as they can, no poAver in this world shall prevent me from being a patriot." While the president Avas thus displaying his patriotism, by retrenching the public expenses, a gentleman of an 3 z 533 THE HISTORY chap.xvi. ancient family, and amiable character, was manifesting 1783- his loyalty and attachment to his native country, by means no less honourable. Emulous of the heroic virtues of his great ancestor, Avhose name he bore, Mr. Timothy Thorn hill, Avithout the smallest legislative ~ assistance, raised a. respectable company of infantry, consisting of seventy- four rank and file, under the patronage of General Vaughan, for the service of his Sovereign. This corps Avas of essen tial sendee during the remainder of the Avar, in strengthen ing the garrison, not onlv in Barbadoes, but at Saint Lucia and Antigua. But Mr. Thornhill was not treated by go vernment zvith the liberality which he deserved. On the restoration of peace, his company Avas disbanded; and, though he Avas reduced to half pay, he Avas not alloAved to retain his rank in the army. NotAvithstanding the unanimity Avith which the thanks of the assembly had been voted to Mr. Estwick, the first transports of joy, at the governor's removal, had no sooner subsided, than the error Avhich he had committed became visible, and his conduct was censured with equal severity in England and Barbadoes. His declining the hearing, before the board of trade, Avas imputed, Avithout reserve, to his Avish of affording impunity to the members of coun cil, Avho were participators in General Cunninghame's guilt. Nor did Mr. EstAvick altogether deny the charge, but at tempted to justify his partiality, by affecting to consider the members of council equally his constituents with those OF BARBADOES. 539 of the other house. He kneAv them, he said, to be, in C^^^L general, natives of the island, men of property, who of 1783' course Avere, or ought to be, as much interested as the assembly, in the happiness and prosperity of the country. Hence he inferred, that to take an active part in a remon- ^ strance against the council, was to discover such an ab surdity of conduct, as to disqualify him from any preten sions of ever being again the agent for the island. The fallacy of this reasoning, hoAvever, is evident. The bill for his appointment having been rejected by the go vernor, he was continued in the agency, by a vote of the assembly alone; and Cunninghame, in a letter to Lord George Germaine, expressed his surprise that he should be received by his Majesty's ministers, as the accredited agent of the island. HoAvever favourably he might have been inclined to judge of the council's attachment to their native soil, they had given him such unequivocal proofs, as could not be mistaken, of their readiness to support the strong arm of despotism, in burying the liberties of the people under the ruins of their constitution. But, although Mr. Est\Arick Avas doubtless very loth to adopt any measures Avhich might have interfered with his pretensions to the agency, there Avas another reason, which, though kept out of vieAv, had its full weight. The agent had married the sister of Mr. Frere. The public Avelfare is too often sacrificed to the petty interests of family connexions, pnd the sordid cou- siderations of retaining an office. 3 z 2 540 THE HISTORY chap.xvi. The introduction of a bill, re-appointing Mr. Estwick i78|- agent for the island, .furnished the assembly Avith an oppor tunity of arraigning his conduct, and sheAvirig their resent ment, by discarding him from their service. But, strange as it may appear, no direct opposition was given to the appointment of one whom they soon afterwards, Avithout any clearer evidence of his guilt, declared unworthy of their confidence. A sub-agent Avas proposed by Mr. Straker, and rejected by a large majority. And he then gave notice, that he should, at the next meeting, submit to the con sideration of the house, some resolutions respecting the agent's conduct in declining the hearing of the assembly's complaints against Governor Cunninghame, and the mem bers of council who supported his illegal measures. 178*. The Barbadians were not permitted to continue long under the patriotic administration of Mr. Dotin. The fall of one ministerial favourite only made, room for the ad vancement of another. On the recommendation of the Earl of Shelburne, his Majesty Avas pleased to bestow the vacant government on Major David Parry, a native of the principality of Wales, Avho arrived in Carlisle-bay on the eighth day of the new year.* His excellency landed in Jan. 10. state on the Friday folio Aving; and, after attending divine service, proceeded to Pilgrim; Avhere, having, taken the * His excellency came alone, but was scon followed by hi* lady and their two sons, who arrived on the fifteenth day of April. * OF BARBADOES. 541 usual oaths, he Avas formally invested Avith his high em- chap.xvi. ploynlent. At the same time the tAvo vacancies at the coun- 1784'- cil board were filled by Mr. R. J. Estwick and Mr. T. Gallender; and his excellency soon afterwards reinstated Mr. Weekes, sole judge of the court of vice-admiralty *. On the meeting of the colonial parliament, governor Parry Jan. 23. addressed both houses in a nervous, animated, public spi rited speech. He began, hoAvever, Avith a panegyric, Avhich, it is apprehended, a mind less disposed to indulgence may probably think undeserved. Since his appointment to the government; he said, he had studiously examined and in vestigated the laAvs and statutes of the island, and found them so excellent in their nature, and so analogous to his OAvn ideas of civil and political liberty, that he congratu lated himself upon the pleasure he should receive in ruling over a free and generous people, Under so happy a constitu tion. He assured them that he should never forget that every subject of the British empire, hoAveA^er remote from the seat of government, is equally entitled to all the con stitutional rights and privileges that are enjoyed by his fel low citizens of London and Westminster. Nor could free dom, he remarked, ever forsake an Englishman, while he has wisdom and virtue to cherish and support it. He then Recommended to them a perseverance in that loyalty and * Mr. Dotin did not survive his retirement long. He died on the tenth day of Oc tober of the same year. 542 THE HISTORY chap xvi. attachment-to their King and parent state, Avhich had ever 17S4-. raost honourably marked the annals of Barbadoes, to pro mote the general welfare of the empire by. every public spi rited exertion, and by harmony and unanimity at home to establish, and make permanent, the particular happiness and prosperity of their native country. And he requested them to rest satisfied that no effort on his part should be Avanting to bring the bud of reconciliation, that he found groAving among them, to maturity, by a strict adherence to the laws, with every possible attention to presence the three branches of the legislature in perfect equilibrio. The interesting and critical situation of public affairs, he told them, demanded their utmost attention; for, although from the advanced stage of the negotiation Avith America, a general pacification would probably ensue, the period of suspence between peace and Avar Avas of all others the most dangerous; diligence and activity being ever on the watch, whilst sloth and indolence lay sleeping. The respectable military force which they possessed, was, he said, under proper regulations, fully equal to their internal defence. To this subject he Avished to direct their immediate atten tion, because they had close at their door a bold and enter prising enemy; and, hoAvever much the apparent lenity and insidious policy of his conduct toAvards the captured islands may dazzle at a distance, the lettres de catchet and the mandates of a French minister Avere very bad exchanges for magna charta and the hill of rights. To make freemen. OF BARBADOES. 543 happy, he observed, all the knowledge and good parts that C^^3L ean be possessed by a legislator must be enlivened and directed by true patriotism, or they will become pernicious to the state and productive of discord. Turning to the assembly, he proceeded in these Avords ; " It having been represented to his Majesty, that you have been much hurt and aggrieved by certain tables of fees that Avere lately erected in this island, I am commanded by his Majesty to signify his Avill and pleasure, that you forth- Avith prepare a bill that Avill effectually prevent the possi bility of such an evil arising in future. I shall, therefore, leave this and another instruction,* Avhich I hold in my hand under your consideration, earnestly recommending to you a particular attention to the great objects of public receipts and expenditure; by Avhich you will be enabled to establish such a system of economy as will for the present * This was the 36th Instruction. " Whereas laws have heretofore been passed in* our said' island; establishing fees for the services peifoimjd by the several officers therein-mentioned, which laws are now in force; and whereas doubts have arisen as to the legality of any fees established by order of our governor and council, to prevent which in future, it is our will and pleasure that on youi first meeting the g-c-neral as sembly of the said island, you do propose, to them to prepare a bill for the fulute and permanent regulation and establishment of such fees as may be deemed just and equitable in respect to the pubhc officers, and as little burtben=oi:,e as j.usr.bie to our good subjects on the said island; a draught of which bill, whtii prepared, you are tp transmit to us through one of our principal ccrciaries of" state, that our pleasure may be signified to you thereon," The other was the usual instruction respecting the salary. 544 THE HISTORY chap.xvi. alleviate, and, I hope, in the course of time, effectually re- nsi. move all traces of the great calamity that has lately be fallen you. I therefore most ardently request, that, as I was not fortunate enough to come among you in the days ' of your opulence, I may not add to your distresses in the hour of your misfortune. Satisfied that Avhenever Provi dence shall again extend her bounteous hand over this happy island, the fruits of her beneficence will speedily reach Pilgrim." Nothing could have been more liberal and noble than these sentiments; they failed, however, to pro duce their proper effect on the assembly. The addresses in answer to the speech reverberated his excellency's patriotic sentiments. Each house seemed emu lous to surpass the other in the warmest-professions of re spect and esteem for the person and character of the gover nor, of profound loyalty and fidelity to the king, inviolable attachment to the constitution, and the most zealous regard for the Avelfare of their country. From his excellency's constitutional declarations the assembly anticipated, with rapturous exultation, the felicity and prosperity which they should enjoy under the administration of a gentleman who had studiously examined the volume of their laws, in order to make them the rule and principles of his government. Both houses professed equal anxiety i'of the preservation of harmony and unanimity in their proceedings, and concluded with the most fervent assurances of their cheerful co-opera- 4 OF BARBADOES. 545 tion in every measure essential to' the public welfare and CHAP^)1- safety. > 17b4- .-Having returned to their own hall, the assembly resolved themselves into a committee of the whole house, for the purpose of taking the governor's salary into their immediate consideration. .The debate was opened by Sir John G. Alleyne's proposing tAvo resolutions, the object of AvhichlAvas to restrain the assembly from raising or granting any mo ney, for any purpose whatever, until their rights and privi leges Avere secured from invasion, by a.laAv declaring that the poAver of establishing fees existed only in the three branches of the legislature collectively ; but that as soon as an act of that kind should pass, the assembly would then proceed to make- such a provision for the better support of his excel lency's dignity as the ; state of the public finances Would permit. On these principles he had prepared two separate bills, the first, declaratory of the rights of the assembly; which in the event of its receiving the concurrence of the other orders- of the legislature, Avas to be followed by a second, for the support of government.* This mode of proceeding Avas certainly liable to material objections. It Avas treating his excellency Avith a degree of iliiberality and distrust, which nothing could justify, after the patriotic sentiments Avhich were yet vibrating in their ears, and the gracious instruc tion Avhich had been just read. The measure of framing a bill to remove all doubts on the subject of fees, came re- 4 A 546 THE HISTORY Cs^^yi* commended to them from the throne ; to make- the passing 1784. Qf gucn a jaw.^ therefore, the condition on which the gover* no/s salary depended, was neither respectful rtor decorous. The stipulation Avas as offensive as the caution in Avhich it errginale# was unnecessary. After a long and animated debate; in which the resoMfctionS' were A?ehemen.tly- opposed fey Mft A. IVefe and? Mr* Mayers, the speaker said he had »»t so great a predilection, for hkvplan as to feel any difE* eulifeyin. wkhdrarwang his motion, if the end in vieAv was likely to be attained more effectually, and with- greater un-* aninaity, by ©€ietf means. The resolutions having been accordingly withdrawn, Mr. F»ere mowd, that the two bills Avhich had been prepared by Sir J; Gr. Alteyne should be blended together, and their titles thus1 united, ** An act declaring the right of establish ing fees to be only in the three branches of the legislature in their collective capacity; and for the better support of his excellency and the ' dignity of the government of this islatfek'* This arrangement Comprehended all the indeli cacy, absurdity, and irregularity of the plan which had been- rejected but" the instant before, without embracing any of its advantages* Probably the gentleman by whom the mo tion was made, thoughts with a popular parliamentary leader, in ta<*aesf less favourable to civil liberty, that the most effec tual means of obtaining redress Avas by making grievances' and supplies g& hand in hand together ; but an acquaintance with the iaore modem usage of the British) Parliameiit OF BARBADOES. 547 ¦w&nld have shewn him »the irregularity of his plan; and chap.xvi. have ttaught him rthat it is a standing order of the House of !?**• Lords to reject any bill sent up by the Commons connected with a money ;bill* Composed of these heterogenous materials, the bill was agreed to -by !the committee; but in filling up the blank, a feesh subject of altercation was started ; whether the sum to be settled on ihis excellency should be two or three thousand pounds annually. This question was canvassed with, an unusual degree of warmth and vehemence, and was finally determined in favour of the smaller sum, by a majority of thirteen voices to nine. The declaratory part of the act, relating to the right of establishing fees, formed no impediment to its progress through the council ehamber ; and his excellency, on its being presented for his assent, generously expressed himself in these words: " I am truly sorry for the causes that oblige you to lessen your donation, but am as well pleased with it as if it Avas ten times as much/' Pursuant to the notice given at a former meeting, Mr. Feb. is. Straker now brought forward his promised investigation of the agent's conduct, in an able, elegant, and perspicu- ous^speech he proved, from a clear and candid review of the whole transaction, that Mr. Estwick had grossly abused * De Lolme on the Constitution, p. 77, note. 4 A 2 548 THE HISTORY C^^S1' tne trust reposed hUiim by the house, and concluded with 1784. moving two resolutions. First, that the agent by declining to bring the complaints of the assembly to a bearing before the Lords of Trade, Avithout having obtained a solemn declaration of our rights as a security against any future invasion, acted contrary to his duty. Secondly, that so great a neglect, in a point which so materially concerned the immunities of the commons of Barbadoes, as it must be imputed either to a defect in judgment, or to a wilful desertion of the cause, from partial motivesj renders him unAvorthy of the future confidence of the assembly. The .motion Avas productive of a long and interesting debatey in Avhich the conduct of the agent Avas canvassed with great acuteness and ingenuity, and commented upon with equal freedom and asperity. His defence was undertaken with great zeal and spirit by his two kinsmen, Mr. AppleAvhaite Frere and Mr. Jones, who displayed an uncoxrimon share of talents upon the occasion. The debate was rendered more remarkable by the distin guished part taken by Mr. John BeckTes, a young mem ber, Avho, in support of the motion, gave an early specimen of those commanding powers of eloqaence which have since secured him a deserved pre-eminence in the seriate and at the bar. Notwithstanding the notoriety. of the facts^on which the resolutions Avere grounded, and the great abilities exerted in their support, they Avere rejected by a majority of ten to seven. The freedom with which the agents conduct Avas ex- OF BARBADOES. $4$ amined, and the severity with which it was condemned* chap.x vr- Avere sufficient to provoke the resentment ofa man less irrit-r m4> able, and less firmly persuaded of his own importance, than Mr. Estwick. > It is not to be wondered at, therefore* that the censure '-which- he sustained upon this occasion, should have produced the most violent explosion of' anger and indignation.' In a printed letter, addressed to the speaker of the assembly, he poured forth a torrent of illi beral invective on those public-spirited members, whose strictures on his misconduct had rendered them obnoxious' to his resentment. The intemperate Avarmth of this letter considerably lessened the number of Mr. Est wick's friends in the assembly. Sensible of the indignity with Avhich he had presumed to treat them, the house agreed to several resolutions, purporting that the agent's indecent and illi beral letter, reflecting on two of their members for exer cising the freedom of debate, Avas an insult on their body : that the reasons Avhich he had assigned for declining the hearing before the board of trade, Avere no justification of his conduct : and, finally, that he was no longer Avorthy of their confidence. These resolutions, Avhich Avere trans mitted to Mr. Estwick, by the ' speaker, produced another acrimonious letter, in which, he affirmed that the loss of the agency could occasion no regret to him who had re fused to be their ruler. The candid and upright conduct of the venerable speaker of the assembly, in expressing a just resentment against Mr. EstAvick, for his libel on the house, 5$0 THE HISTORY C^^^li was maliciously imputed to the rage of disappointed am- 17*4. bition, occasioned by the failure of his ^application for the government of the island; Mr. Estwick said„ ikM Lord Bad nor called upon him, soon after General Cunninghame's removal, and inquired if he did not think that Sir John G, Alleyne's succeeding to the government, would reconcile all differences, and. put an end to -disturbances; to which he replied, that he did not think it would ; for there being two interests in the country, either taking the lead of the other Avould, perhaps, rather increase their animosity than reconcile them. His lordship, afterwards, applied to Lord Shelburne, in behalf of Sir John Alleyne, and Avas refused.* Against this charge, Sir John Alleyne vindicated himself, with his usual ability. He did. not entirely disav.QAV the application made by his noble relative, but, Avith a mind conscious of its purity, appealed to the integrity of his life for the proof of his faithful and disinterested exertions in the public service. Meanwhile the two-fold act, respecting the right of esta blishing fees, and the settlement on the governor, having been transmitted to England, for his Majesty's 'information, was referred to the consideration of a committee of the lords of the privy council. Upon which their lordships reported, " That the act contained clauses relative to mat ters which had no connexion with each other, one of which was foreign to the import of the title of the act ; and that, although no clauses of an incongruous nature should be 5 OF BARBADOES. 55l inserted in the same act, one part b£ k was intended to ckapjcvi. operate as a perpetual declaratory law, while the other part l78*« was in its nature, temporary*. Another, and still more forcible objection against the operation of the act, was deduced from the circumstance of the assembly having preferred the most serious charges against the late Governor Cunninghame, for establishing, by an order of council, certain fees, which they asserted to be illegal; his Majesty was pleased to refer the same to the consideration and ©pinion of the late board of trade ; and, in the very mo ment Avhen the propriety of General Cunninghame's con duct was at issue before that board, upon- Avhose repre sentation his Majesty Avould have proceeded to a conclusive determination, the agent of the assembly declined the pursuit/' The assembly were deeply affected at the royal disappro*- batiott of the declaratory law ; and even- the most sceptical could no longer doubt the impropriety of Mr. EstAvick's conduct. Unwilling, however, to admit the irregularity of their OAvn proceedings, they consoled themselves under the disappointment, by imputing the disalloAvance of the act * Wisdom is not always acquired by experience. Notwithstanding this reproof,. the assembly have fallen into a similar error; The act, increasing the fines on jurors- required to attend the court of grand sessions, refers for admissable excuses for non- attendance to the exemptions allowed by the present militia law/, tberi near expiring;, sod Whieh- does not now exist.— 1 807. 552 THE HISTORY chap.xvi. to the inauspicious change in his Majesty's councils; the 1784;-' coalition^ ministry of Lord North and Mr. Fox having suc ceeded to the short-lived administration of iLord Shelburne. That his excellency might sustain no injury, by the rejec tion of the bill, the assembly unanimously voted him a salary of two thousand pounds a year, to commence from the day, oil which he assumed, the. government. Meanwhile, a general election having taken place, the new assembly met on the eleventh day of September. In the governor's speech, at the commencement of the session, the public spirit, so conspicuous at this season, could not fail, it was said, to produce the most happy-effects ; for public virtue is ever productive of public benefits ; and the unanimity with, which, the late elections Avere conducted, Avould, his excellency trusted, inspire every honest breast Avith such a share of benevolence, as should divert mens' yieAArs.from the little, disgraceful objects of private interest- to the more noble and liberal prospect of the public good. Encouraged by such favourable appearances, and impelled by a particular anxiety for the prosperity Of the island, bis excellency was induced to suggest a feAV legislative and economical reforms. " The spirit of laAvs," he observed, " is equity, and it might be better for all communities, if they adhered more to the spirit than the bare letter of the law. Law's 'should be adapted to the circumstances of the times. What might have been very proper, at one period of a state's existence, OF BARBADOES. 553 might be very improper at another, Avhich may, perhaps, chap.xvi. lead you to think that Avhat was well calculated for this 1784' island, in the zenith of prosperity, may be ill suited to the present hour of distress. Distress, which I feel most poignantly, when I behold the devastation that is made by the too hasty, or injurious, execution of the laws, by which the junior creditors are much hurt, • the lands laid waste, or converted into provision fields, your staple products les sened, your trade irreparably injured, and the royal revenue excessively diminished. To these growing evils emigration will succeed, and the strength and safety of the island be affected. Your negroes too, the pillars of the colony, for without them the land Avill be of little use, are, I see with regret, daily sent off in crowds, under the sanction of a very defective laAv. I shall, therefore, leave your wisdom and experience to determine Avhether it will not be prudent and-necessary to check the present unlimited poAver of ex porting so valuable a part of your property." A revisal of the militia laAv, and the state of the fortifi cations, those topics of perpetual, unavailing declamation, Avere next adverted to with great propriety. Nor Avas the culpable neglect of the commissioners of public accounts passed over without a gentle reprehension. Addressing himself to the assembly, his excellency observed, " As the levying of all public money is the undoubted right of the representatives of the people, so it is their business to look ¦ into the expenditure of it when raised. Public accounts 4 b 554 THE HISTORY chap.xvi. cannot be settled too often, or inspected too narrowly ; 1784% those of this island have been strangely neglected; the laws of the country give you the power of control, and the interest of your constituents should furnish inclination to exercise it." The addresses of both houses Avere written in the usual polite and respectful style. The honour reflected on the public, by the unanimity which marked the late elections, was courteously imputed to the mild and disinterested tenor of his excellency's administration, which left them Avithout a subject of contention. Ever querulous and discontented, the assembly lamented, that after all the evils and disasters under Avhich they had been long suffering, the blessings of peace should at last come to them, clogged with the disad vantages of war; a heavy load of duty upon their chief staple, Avith an uncertain commerce for the supply of their plantations, andShe sale of their produce. While they acknowledged and deplored the devastation occasioned by the too rigorous execution of the laAvs upon the estates of unfortunate debtors, as tending to the removal of slaves to other more flourishing settlements, such was the force of their attachment to an absurd and pernicious system of jurisprudence, that they professed themselves unable to suggest any remedy for the evil, consistent Avith the Jong established rights of the fair creditor, and the faithful ad ministration of justice. With regard to the other topics submitted to their consideration, Avarm professions of zeal OF BARBADOES. 555 for the public good, and of attention to the means by chap.xvi. which it may be best promoted, were substituted for those ^s*. exertions by which the object Avhich they professed, to have in vieAV might have been easily accomplished. A spirit of licentiousness and insubordination among the negroes, about this time, hurried them into the commission of many atrocities. Among these, the murder of Doctor John Horsham, is perhaps unparalleled for sanguinary cru elty and Avanton inhumanity. This gentleman Avas a prac titioner of physic, of considerable reputation, of manners mild and inoffensive, and had been absent from the island until within seventeen days of his assassination. In the Nov. 2s. exercise of his profession, Doctor Horsham had, on the day of his death, visited a plantation, called Tuncks's, whence he was proceeding on his diurnal rounds, when he was unfortunately driven by a shower of rain to seek shel ter in a thatched shed, or watch-house, near the road, and within half a mile of the buildings which he had just left. Under this cover, the doctor found several negro-men, one of whom, called Nick, belonging to Tuncks's, he employed to hold his horse. The rain being over, Mr. Horsham pro posed to pursue his journey, but, on attempting to quit the shed, he was seized by tAvo of the men, while a third stabbed him on the right side of the neck, dividing the juo-ular vein, and gave him a wound under the left breast, which pierced his heart. The horse was afterwards given to the ranger of the plantation, vrith an information that it 4 b 2 556 THE HISTORY chap.xvi. Was found grazing, and carried to the manager, Mr. F. S. 1784, Bayley, by whom it was ordered to be put into the stable and taken care of, until the next day, Avhen it was sent to the house of the deceased. This occasioned an alarm in the doctor's family, and produced a diligent inquiry into the cause of his absence. At length some information Avas received from a negro girl, who, at a distance, was an eye witness of the tragic scene ; and the corpse, by her direc tion, Avas found buried in a field of canes, about thirty feet from the road. After a full and patient investigation of the affair, which lasted the greater part of three days, the coroner's inquest pronounced a verdict of wilful murder against four negro men; Nick, already mentioned, and Jeffery, Prince, and Sambo, belonging to the Belle plantation. But, on their subsequent trial for the murder, Nick and Sambo only were found guilty. The jury not thinking the evidence sufficient for the conviction of Prince or Jeffery, they were of course acquitted ; though, on the sentence being passed, Sambo exclaimed, " We were all together ;" insinu ating that they Avere all equally guilty. The murderers were afterwards executed, pursuant to their sentence, with out discovering the smallest signs of contrition. At the place of execution, Nick confessed his having formerly murdered a youth, in a neighbouring plantation, and ac cused three others of being accomplices in the crime for which he was going to suffer. One of these, called Borgia, OF BARBADOES. 557 on hearing the charge, eluded the punishment of the law, CI^A^J1, by taking a dose of poison, Avhich he carried about him for 178** the purpose. The second was retained as a witness against the third, who, after a trial of nine hours, Avas fully con victed, and condemned to suffer death. Of the motives Avhich led to the perpetration of this hor" rid murder, it is. impossible to speak with certainty, or even probability. From the evidence adduced on the trial, it does not appear that the unfortunate man had given the assassins the smallest provocation ; neither could they have been instigated to the fatal act, by a wish to rob him ; for not even the most trifling article which he had about him was removed from his person, all Avas found deposited Avith him in the place of his interment. To a principle of cm* elty, inherent in the nature of these ruffians, we must then refer for the proximate cause of an act of such wanton and deliberate barbarity. 558 THE HISTORY CHAP. XVII. ALTERCATION BETWEEN THE TWO HOUSES CONCERNING THE EX CISE-BILL APPOINTMENT OF A NEW AGENT AUGMENTATION QF THE GOVERNOR'S SALARY SINGULAR PHENOMENON A LOTTERY ARRIVAL OF PRINCE WILLIAM HENRY COMMER CIAL REGULATIONS LEGISLATIVE PROCEEDINGS MILITARY OUTRAGE THE GOVERNOR RETURNS TO ENGLAND PRESI DENCY OF MR. FRERE THE GOVERNOR'S RETURN — HE REGU LATES THE CURRENCY OF THE GOLD COIN HIS EXCELLENCY RESIGNS THE GOVERNMENT TO MR. BISHOP SUSPENSION OF JUDGE WEEKES MILITARY OPERATIONS THE PRESIDENT'S- EXTRAORDINARY ZEAL FOR THE SERVICE. chap. xvn. 1 HE harmony which at this time happily subsisted be- 1785. tween the different orders of the legislature, and Avhich each professed an anxiety to cultivate and render permanent, without feeling a disposition to make any concessions for its preservation, soon suffered a temporary interruption, by a dispute between the council and assembly concerning the excise-bill. For the perfect comprehension of the nature of this dispute it is necessary to premise, that the act, lay- OF BARBADOES. 559 ing a duty on wines and other strong liquors, on importa- cfiAP- XVIf- tion, commonly called the excise-bill, had been, from its 17ss' origin, considered of a temporary nature. Its continuance was expressly limited to one year, and from thence till the expiration of forty days, and from thence forward, until the island is fully represented by a new assembly, according to the laws in force. The obvious intention of this limitation was to secure to the assembly the certainty of an annual meeting, if for no other purpose than to exercise their constitutional right of voting the supplies for the service of government. But in the excise act, Avhich passed in the year one thousand se ven hundred and seventy-four, the council, ever anxious to encroach on the privileges of the house of representatives, , or, perhaps, from a motive equally unjustifiable, a petulant. wish to mortify the patriotic speaker, Avhose peculiar pride and boast it Avas to guard the privileges of the assembly, added these Avords to the clause of limitation, and until a new excise-bill shall pass, and become of full force in this island. This interpolation, introduced in a manner unwor thy the dignity of a legislative body, escaped the vigilant eye of the speaker, and the act, thus altered, received the governor's assent. Thus, instead of an annual supply, re- neAvable at the discretion of the assembly,; a revenue was established, which, if not absolutely perpetual, possessed all the disadvantages of perpetuity. When it was too late to apply a remedy, the assembly 560 THE HISTORY C?f^^LU' discovered the unfair advantage which had been taken of .their Avant of circumspection. During the progress of the war, and the contest in Avhich they were involved Avith the council concerning Governor Cunninghame's illegal fees,' they silently submitted to the injury ; but, Avhen the esta blishment of peace abroad and concord at home seemed to furnish a prospect of success, they attempted to recover the right of which they had been surreptitiously deprived. With this vieAV, they passed an excise-bill in the usual Feb. n. form, which was sent back by the council, with a message, contrary to parliamentary usage, assigning their reasons for rejecting it; but, at the same time, expressing their readi ness to concur in any bill of the same tenor, provided its existence should be protracted until the passing of another. excise-laAv. Had the assembly complied Avith this proposal, it is evident that they would have relinquished, as far as respected that branch of the revenue, the poAver of grant ing, or withholding the supplies; the only constitutional check on the executive authority, possessed by the repre sentatives of the people. The answer of the assembly Avas remarkable for its mild ness and moderation. In a calm, dispassionate," but te dious review of the subject, from the origin of the duty to the date of the last excise act, including a period of one hundred and twenty years, they shewed, that it had been invariably an annual measure of finance. Nor could they, consistently with their duty to their constituents, or a OF BARBADOES. 561 just regard to their own inherent privileges, they said, yield c^^i^ir- to a proposition, Avhich must deliberately and clearly tend to establish a perpetual revenue. To this the council replied, Avith an unbecoming degree of warmth and asperity, " It seems useless to agitate any question Avhere the parties have taken decided resolutions. Predilection supersedes the necessity of argument. Fore seeing the mischiefs attending the Avant of a revenue, Avhen caprice or mistaken resentment may think proper to Avith- hold it, the council are resolved not to lose the poAver which the disputed clause in the excise-bill gives them of pre venting the anarchy and confusion that may arise from a total stoppage of public expenditure. To argue upon a supposition that any constitutional rights are invaded, or that any proposition is made to curtail the privileges of the assembly," is to raise up an hydra-headed monster, Avhich could never have existence, but in the heated imagina tions of mistaken minds. The council disdain the idea; they consider the fund raised by the excise act as coming not immediately under the cognizance of the representa tives of the people, it being an impost laid, not upon the manufactures or produce of the country, but upon articles of foreign growth, meant to answer the contingencies of government, and which has been wisely permitted by the Crown for such salutary purposes. Bearing this in their minds, the council think it a duty which they owe to the Crown, to adhere to the rejection of any excise-bill that 4 c $$$ THE HISTORY C^^,L shall come before them, without such a clause as was m- ™**' gerted in the excise-law now in force. This determination experience justifies them in adopting. They see clearij that such a clause as they require in the excise-bill, though at present it gives disturbance to the assembly, may pre vent a greater disturbance, by hindering an oppressive mea sure of accumulating on the people a great and insupport able tax at one period, by the delusive appearance of re lief held out for a few preceding years. That the bill by this bug-bear clause is made perpetual is surely a mistake, and a mere play upon words ; the perpetuity lies with the as sembly. An annual bill may be sent up, with such clauses as, from time to time, may become necessary, and which* it is hoped, the council, not less zealous; than the house of assembly, in the service of their country, will adopt, Avhen it appeal's to them that such alterations are conducive tQ the public benefit. The prevention of an evil is all that is aimed at ; and which, however illiberal the doubts arising thereon may appear to the assembly, the council, by a re trospect of the past, are too well justified in their attempts to preclude." From the whole tenor of this message it is evident, that the old leaven of discord, notwithstanding the appearance of amity which thee ouncil had lately exhibited, was still fer menting in their minds ; and, that they Avere determined to retain at their command a disposable revenue, to render fulmre commasdexa in chief, in some measure, independent OF BARBADOES. 568 of the representatives of the people. This determination c^^f' was grounded ©n the firmness with which the assembly withheld the regular supplies during the administration of General Cunninghame; when, hoAvever justifiable the motives, the effects were mo9t disastrous, in the accumula tion of a debt far exceeding the colonial resources; and Avhich, in all probability, never Avould have been paid, but for the bounty of parliament. The reasons assigned by the council were specious; but at the period to which thej^ alluded, they had given such a specimen of their seal for the public service, as to preclude all confidence in their in tegrity Avhenever they should be called upon to decide be tween the wishes of the governor and the interests of the people. The house considering any farther altercation be neath their dignity, prudently declined making any reply to the message. But the appointment of an agent soon fur nished a fresh topic for disagreement. After the criminatory resolutions of the assembly respect ing Mr. Estwick, it would have been highly incongruous to have continued him in an employment, in the exercise of which he had added insolence to treachery; insult to in jury. They, therefore, passed a bill, nominating Mr. John Brathwaite, a gentleman of the most amiable character, and unblemished reputation, to the office of colonial agent ; but the council refused to concur in an appointment so pre-* judicial to the interests of one whose partiality to their 4 c 2 6 564 THE HISTORY c£^viL board was his greatest crime. The assembly, however, per* 17&5' sisted in their choice ; they appointed a committee to cor respond Avith their newly-elected agent ; and, to his immor tal honour be it recorded, Mr. Brathwaite generously and- disinterestedly executed the office, Avith equal diligence and fidelity, for several years, without enjoying its emo luments. As Mr. Estwick, in refusing to bring the charges against General Cunninghame, and the six members of council who had abetted his illegal proceedings, to a hearing before the board of trade, had acted without the consent or previous knowledge of the assembly, the neAV agent was directed to pursue such measures as he should deem proper to enforce their complaints, and obtain a redress of their injuries, agreeable to their former petition to the King. But, as the petition had been imprudently, not to say perfidiously aban doned, before the complaints against the governor had beeu substantiated, Mr. Brathwaite thought that it could not be resumed nor acted upon with any prospect of success. At the same time the assembly unanimously resolved to instruct their agent to call upon Mr.. Estwick to account for the fifteen hundred pounds Avhich had been lodged, in his. hands by the sub-committee, in London, for the pur- pose^of carrying on the prosecution against Governor Cun ninghame. To this demand Mr. EstAvick replied, that he "was ready to account for the money whenever he was legally OF BARBADOES. 5Q5 required to do so; but, as that could only be done through c^v^' the medium of an agent appointed by the laAv of the island, 17'85, he should regard this resolution of theirs no more than he Avould that of " a set of drunken porters." By his expla nation, of this affair, hoAvever, it appeared, that one thou sand pounds were due to him for five years salary, and that he had advanced tAvo hundred and seventy pounds of his own money for the public service, besides other charges incident to the office, to a considerable amount. No part of this debt, he asserted^ Avould ever have been paid, but for the dreadful hurricane, Avhich, according to his OAvn ob. servation, had thus- verified the old adage ; " that it is an ill Avind that bloAvs no one any good." The assembly hav ing inconsiderately subjected themselves to these insults, discovered, when it was too late, that they had no autho rity to make the demand ; for as the money placed in his hands was a part of the parliamentary bounty, it Avas con tended by Mr. Beckles, that he was only accountable to the commissioners, to whose disposal it had been entrusted. * Meamvhile, the governor effected a reform in the dis bursements of the poAvder office of far greater consequence to the community than the petty retrenchments for v/hich President Dotin had been so highly commended* or even, the saving in General Cunninghame's salary, which had been the source of so much strife and inquietude. The waste of stores in the different garrisons had long been complained of as a serious grievance, without any effec- 2 566 THE HISTORY C^3L tual remedy having been suggested for the evil. But it was ms' in Saint Peter's that the abuse was carried to the most law less extent. There the officers thought they had a prescrip tive right to wanton with the stores committed to their charge to any extremity, to which folly, or vanity should lead. Within the short term of three months after Mr. W. Bishop had been appointed to the command of that di vision, the consumption of gunpoAvder, on occasions of .private festivity, amounted to near five thousand weight ; an expenditure, which, had it been continued, would have drawn two thousand pounds a year out of the mole- Jiead fund, for the amusement of the officers of that district alone. Indignant at so flagrant an abuse of power, the author of this volume availed himself of the freedom of the press, to convey to the knowledge of the com mander in chief, a fact so injurious to the public revenue, NorAA'as redress delayed. From that time, the disburse ments for each division, except Saint Michael's, have been. limited to ten barrels of powder annually, unless it be under very particular circumstances, which make a large* quantity absolutely necessary. The proceedings of the assembly were hoav marked, by an occurrence, whiGh, hoAvever right the measure might ap pear, abstractedly considered, was rendered dishonourable by the manner in which it Avas accomplished. On the sixth. day of July, when there was a very thin attendance of the members, a motion, was made by Mr. It, B. Jones, se- OF BARBADOES. 567 conded by Mr. A. Frere, to grant his excellency an addi- CI^^IU tional salary of one thousand pounds a year. The propo sal was warmly resisted by the speaker. Though he ad mitted the governor's extraordinary merit, he did not think that the forms of the house should be dispensed Avith on that account; and that a motion of such consequence should be made without the smallest previous notice. To carry such a question by surprise, and in so thin a house, he said, would neither be honourable to his excellency, nor creditable to the assembly. Several members concurring in these sentiments, the previous question was moved; but, during the debate, Mr. Mayers, being called from the court of chancery, gave the advocates for the addi tional salary the advantage of numbers; and the motion was negatived by a majority of one. The original motion was then put, and carried in the af firmative, on a close division of seven to six. Not to lose the favourable opportunity of accomplishing his design, Mr. Jones immediately introduced a bill, which had been previously prepared, and which having been read three times, was passed by a majority of one voice. Determined to give the measure every opposition in his power, the speaker now resorted to the only expedient Avhich Avas left. He adverted to the tenth rule of the house, by Avhich it was declared, " that no bill whatever, or order of the house for payment of money, shall pass, or be delivered over by the clerk, unless it be read and voted three distinct times. 563 THE HISTORY C!l^v^3 The face of nature Avas so completely changed in that district, that few of the inhabitants could ascertain the spot on which many objects, familiar to their remembrance, had been recently placed. A field, planted in Eddoes, occupied the site on Avhich the mansion house stood, and brought with it a long slip of the broad road, as perfect and entire as if it had not been removed.* The *^Thia is an .©ccuiureace that happens,, not infrequi&my, in the parishes of Saint OF BARBADOES. 571 cocoa-nut trees, which grew about the house, and even the CH*P- xvn« wind-mill, Avere gradually carried some hundred yards from l7^' their original situation, where -the latter was completely Swallowed' up, rto part of it remaining visible but the ex tremity of the upper arm. It is not easy, perhaps, to explain satisfactorily the cause of this extraordinary phenomenon. Probable conjecture ascribed it to the action of a number of subterraneous springs, in a loamy sandy soil, surrounded with recent ex cessive falls of rain : these springs, ' struggling for vent, might possibly have excavated the incumbent earth where- ever they endeavoured to force a passage. As these invi sible waters glided onwards, the surface behind seems to have fallen in, or, meeting with a substratum of a soapy nature, continued sliding down the adjacent declivities as long as it retained, or acquired, sufficient moisture to faci litate its motion. Andrew and Saint Joseph, during the rainy season. In that part of the country, which, from its resemblance to the highlands of North Britain, is called Scotland, the earth is composed of various strata obliquely disposed. The super-stratum is generally a rich loamy soil of a saponaceous nature, which, being of no consider able depth, easily separates, when saturated with rain, from the substratum, which is commonly of a slippery chalk, flat stones, or loose, red gravel, and slides in large masses, with its growing produce, into the vallies below. Thus whole fields of sugar canes, corn, and potatoes have sometimes changed masters, and even lofty trees have been removed to a considerable distance without injury. Of this the curious reader may find instances related in Hughes's Nat. Hist. Barb, p. 21. 4 d 2 572 * THE HISTORY CHAP. XVH; Among the financial expedients of the present year, the assembly proposed raising the sum of fifty thousand pounds by two lotteries, for the purpose of repairing their fallen sanctuaries, which had not been rebuilt since the hurricane. In the original bill, which had been passed two years before, the whole profit to be produced by the scheme _was made applicable to the rebuilding of St. Mi chael's church, without making any provision for the others, which had suffered by the same calamity. But as the raisr ing of money, in the way proposed, Avas contrary to the positive instructions of the governor, the bill was transmitted to the secretary of state, to be laid before the King. The ¦partiality of the arrangement did not escape the observation of the privy council, and the bill Avas consequently disal lowed by the King. But,, as the object of the. measure appeared to be useful, his Majesty was pleased to author rise the governor to. give his assent to any bill of a. similar tendency, provided one half of the money raised sbould be applied to the rebuilding the church of Saint Michael, and the other half to the use of those parishes Avhose churches had been destroyed. An act Avas accordingly passed, agree ably to his, Majesty's gracious directions; but it Avas not productive of those advantages, Avhich Avere expected, from it. The drawing of only one lottery Avas effected, nor Avas this done without difficulty and dishonour. One of the managers, to whom the sale of the tickets was entrusted, embezzled the money Avhichrhe received, and, though he OF BARBADOES. 573 had given sufficient security for the faithful performance of c™^™^ the trust, the bonds were never enforced. ,787- The state of the public roads had long been a subject of general complaint, and though the inefficiency of the ex isting laAvs for their repair and improvement Avas. readily perceived and acknowledged, no attempt had been made to alter or amend a system confessedly inefficacious, bur- thensome, and expensive. At length a number of the most respectable planters of St. George's, and several of the ad jacent parishes, presented a petition to the assembly, re presenting the evils and inconveniences resulting from that cause ; and praying that the house Avould pass an act for the more effectual repair of the great road leading from Bridge-Town to Saint. Philip's church. Agreeably to the prayer of the petition, Mr. A. Frere introduced a bill for the establishment of turnpikes, which, after passing the house, Avas rejected by the council. Encouraged by the obvious utility of the measure, Mr. Frere brought it for ward a second time, with a few alterations, to render it less objectionable above stairs. Having gone through the usual stages beloAv, it Avas again sent up to the council- chamber ; where, although, agreeably to every parliamen tary acceptation of the term, it was clearly a money bill, no less than eight amendments Avere made in it. Heedless of this invasion of their privileges, the assembly quietly acquiesced in most of the amendments. But this was not enough to satisfy the council ; not content with, a partial £74 THE HISTORY CHS^}L adoption of their emendations, they again rejected the 1787 • bill. Disappointed, but not discouraged, Mr. Frere made a third attempt to effect his -purpose, in which he was eventually successful. Turnpikes Avere established, and tbe Toads were effectually repaired. But the spirit Avhich animated the measure, soon evaporated ; it was neglected and forgotten. During the progress of this bill an act was passed for esta blishing regular courts of quarter sessions, and empoAvering the justices to appoint constables within their precincts. By this laAv it is enacted, that courts of quarter sessions shall be occasionally held every year in each parish; and that no constable shall be compelled to serve longer than one whole year, commencing from the day of his being sworn, and until the first meeting of a court of quarter sessions after the expiration of the said year. These latter words condemn the constables to little less than perpetual servi tude. Far from that regularity Avhich is promised by the title of the act, courts of quarter sessions are not holden oftener than once in four or five years ; and in one instance the period'has been extended to eighteen or twenty. This irregularity in holding the courts, and the consequent un certainty of obtaining a release from the irksome duties of this office, is a real and substantial grievance. NotAvithstanding the public debt had been so recently and completely liquidated by the appropriation of a large ¦part of the parliamentary bounty, and a considerable sur- 6 OF BARBADOES. 57-5 plus remained applicable to the exigencies of government, c^^h such Avas the unwillingness of the assembly to draw the im# purse-strings of their constituents, that no one belonging b> the colonial establishment, except the governor, had been paid for more than t\vo years. Frequently had his excel lency warned the assembly of the folly and danger of suf fering the public debt to accumulate to any considerable amount* The only notice taken of his judicious admoni tions was to. assure his excellency that they Avere restrain ed from doing justice to the public creditors only by the desire of collecting the money due to the treasury from in dividuals-. During the short time that Mr. T. Rowe admi nistered the revenue of the country, there Avas a deficiency of two thousand pounds in his accounts; and,, though the public creditors, for the greater part of that time were pe culiarly distressed, seven years had. already elapsed without any effectual attempt having* been made toobtain restitution, from his representative. But, however, the assembly might have felt the collection of this, money as a. necessary, though-: painful duty imposed on them* there seems to have beem great injustice in. suspending the claims of a numerous tram* of distressed public creditors on that account. At length the gunners and matrosses of several divisions were com pelled by necessity to appeal to the equityand humanity of: the assembly. This application produced the desired effect,. and a trifling capitation tax of fifteen pence on slaves- was ffund sufficient to restore the credit of the country. 576 THE HISTORY C^^!J' NotAvithstanding their inattention to the state of the pub-* lie finances, the assembly occasionally gave proofs of a liberality as commendable as it Avas inconsistent Avith the^ Nov. 24.. parsimony Avhich generally marked their proceedings!. Thet arrival of his Royal Highness Prince William Henry,' after-: Avards Duke of Clarence, commander of the Pegasus fri gate, was one of those occasions Avhich called forth ther most ardent demonstrations of loyalty arid affection. At Pilgrim his royal highness Avas received Avith every possible: mark of respect, and all ranks of people seemed emulous of > manifesting their veneration and esteem for the person and family of their illustrious visitor. The presence of the: son 1 of a Monarch revered for his virtues, and justly regarded as - the father of his people, inspired every breast Avith joy and gladness. His arival was greeted Avith the most affectionate addresses of congratulation from the members of his Ma jesty's council, the general assembly, the clergy, and the merchants of Bridge-town, and eA^en the JeAvs, as a distinct body of people, joined in the general acclamation, and ex pressed their gratitude for the happiness and protection which they^enjoyed under the clemency of his royal father. The short time Avhich the prince remained in Barbadoes was the season of mirth and festivity. Besides the balls and entertainments given by Governor Parry in honour of his illustrious guest, his royal highness Avas sumptuously enter-' tained by the legislature, at the public expense; and in the plenitude of their zeal the council overstepped their consti- ¦ OF BARBADOES. 577 tutional bounds, and sent a message to the assembly, pro- ^^J^T" posing that a SAVord should be procured, as soon as possible, and presented to his royal highness as an humble but sin cere testimony of their veneration, affection, and respect for a prince who had graciously condescended to visit their island ; and Avho had voluntarily relinquished the elegant enjoyments of a polished court to encounter the dangers and inconveniences of a naval life in the service of his country. The assembly replied, that as it was the establish ed privilege of their house, that all grants of the public money should originate Avith them, they could not consist ently with their ancient rights accede to any proposition for an expenditure of the public money coming from that board. Having thus maintained their privileges, the assem bly immediately voted the prince a present of a sword of three hundred guineas value. After some princely frolics, the remembrance of which often contributes to promote the hilarity of the festivo board, his royal highness proceeded on a tour through the , other islands of the Caribbean archipelago; the inhabitants of Avhich must ever acknowledge with gratitude, that the royal duke has uniformly, manifested a thorough acquaint ance with the true interests of the colonies and steadily sup ported their rights. And, while labouring under a load of unmerited opprobrium, exposed to the scorn and ridicule of witty malice, and the calumnious misrepresentations of Buisinfonaed philanthropists, it is highly consolatory to them, 4 e. 578 THE HISTORY CHAP. XVII, 1787 to reflect, that an intelligent prince of the blood is among the liberal few who have spirit and candour to vindicate the unjustly aspersed West Indians. The parliament of Great Britain having passed an act - for the increase of shipping, and the encouragement of na vigation, by Avhich the trade between the English colonies arid the United States of America, Avas confined to British- built vessels, navigated by British seamen, it became ne cessary to ascertain the tonage of all vessels entitled to registers, according to the neAV regulations. For this pur pose Governor Parry appointed a Mr. Paul to examine and ascertain, by admeasurement, the bulk and dimensions of every vessel for Avhich a certificate of registry Avas required ; and as a compensation for his trouble, Mr. Paul Avas di rected, by his excellency, to demand certain fees, propor tioned to the burthen of each vessel. This was certainly an attempt to establish a neAV office, with new fees an nexed to it. An exercise of the prerogative, so evidently unconstitutional, was not suffered to pass without due re prehension. Though it produced no legislative inquiry, the measure Avas freely and judiciously canvassed, by an ingenious anonymous writer, who so fully explained the illegality of the proceeding, that Paul not only desisted from any further exactions, but voluntarily returned the fees which he had already taken. i788. The restrictions imposed on the eommercial intercourse between the colonies and the United States, were strictly OF BARBADOES. 579 observed, and rigidly enforced by the governor of Barba- c^™- does. An armed brig was equipped, at the expense of 178S- government, to cruize round the island, for the purpose of preventing all illicit or contraband trade ; and many British ships Avere seized, under various pretences, of having sur reptitiously obtained certificates of registry, or of being navigated( contrary to law, and were condemned by Mr. Weeks, the sole judge of the court of vice-admiralty. The commerce of the country suffered materially by these harsh, and in fnany instances, illegal proceedings, which were openly encouraged by the governor, with a view to his pri vate emolument; and drew on him, as well as on Judge Weekes, no inconsiderable share of obloquy and reproach. Indeed, his excellency appears to have acted so oppres sively and unjustly, as to have incurred the censure of a very high authority. Upon an appeal, in the case of the 1 ship Columbus, from the decree of the colonial court, his conduct was animadverted upon by Sir James Marriot, judge of the high court of admiralty, with such pointed severity, that his excellency, who Avas then returning toN England, some time afterwards demanded satisfaction of the learned civilian, in the character of a gentleman. The judge, however, not thinking himself personally responsible for any thing said or done in the exercise of his office,. declined the combat, and commenced a prosecution against him in the King's Bench, but, upon- his excellency's making a suitable^apology, the affair was compromised. .4 e 2 580 THE HISTORY C^^I/T' Meanwhile, on the prospect of a rupture with Spain, 1788, concerning the right claimed by Great Britain, of partici pating in the trade to Nootka Sound, the governor con- Nov. 2. vened the legislature, and, by his Majesty's commands, recommended that they Avould concert proper measures for securing the island against the hostile attempts of the na tional foe. The state of the militia, and the fortifications, was naturally brought into revieAV upon this occasion; and his excellency strongly urged the enacting of such tem porary laws as might give energy to their military system. He further requested that they would provide sufficient. funds for carrying into execution a plan formed by Lieu tenant D'Arcy of the royal engineers, for forti tying the island. Though the danger was remote, the assembly readily voted the sum of two thousand pounds to defray the expense of guarding the country from invasion; and a bill for that purpose immediately received the. concurrence of the other branches of the legislature. Fortunately the dispute was adjusted Avithout an appeal to the sword ; but not before some money and much negro labour had been. literally wasted in collecting the perishable materials for constructing fascine batteries, which Avere never erected. Though peace was happily preserved, the governor insisted in strong terms on the propriety of completing the Avorks which had been begun. But his advice was disregarded •' the surplus of the money which had been raised for this particular service Avas applied to other uses, and the fortifi cations Avere left to crumble in decay. OF BARBADOES. 581 A most infamous practice had long prevailed among the c^^j- 178ft unprincipled part of the community, to the manifest injury of the cotton planters, of buying the produce of their fields from the slaves by Avhom it had been stolen. No endeavour to check this nefarious commerce had hitherto proved success fuL The laAvs generally respecting larceny and the receiving of stolen goods were easily eluded, and the muni cipal laAv, Avhich had been passed for the express purpose, Avas found insufficient to prevent the illicit intercourse be tAveen negro felons and the dishonest receivers of their plunder. It was reserved for the comprehensive genius and intellectual acumen of Mr. Beckles to devise an effec tual remedy for an evil which menaced the industrious if planter with ruin; and, if he had given no other proofs of his talents for legislation, his bill to encourage the planting of cotton is sufficient to establish his fame on the firmest basis. But it cannot be dissembled, that the bill in its ^original state, was liable to many serious objections; yet, though referred to a committee of the Avhole house," it un derwent very little discussion within doors. This deficiency, hoAvever* was amply compensated by the freedom Avith which it was canvassed through the medium of the press ; and the learned framer of the bill, with a candour as com mendable as it was uncommon, readily availed himself of these anonymous criticisms to Improve his plan and correct its errors. 583 THE HISTORY By this salutary law, the assembly is invested with the power of appointing twelve inspectors, who are to keep an office in each toAvn, not for the purpose of inspecting the quality of the cotton, but to guard against fraud, by ascer taining the property, growth, and produce of it, upon the oath of the person by Avhom it is brought for examination previous to its being offered for sale. On being satisfied in these particulars, the inspector, who is entitled to one shil ling for each hundred weight of cotton Avhich he inspects. is required to issue a certificate, which entitles the owner to dispose of his produce. Any person swearing to a greater quantity of cotton than his land produced, or, upon a survey, is thought, to be capable of producing, is, be sides a forfeiture of the surplus, indictable for perjury The bill, containing a variety of other provisions for the se curity of this species of property, and the punishment of those by Avhom it may be invaded, having passed the assem bly, was sent up for the concurrence of the other house. Equally inattentive to the privileges of the assembly and the prerogative of the CroAvn, the council took no notice of the right assumed by the assembly of appointing twelve public officers at once, but sent back the bill with an amendment, limiting its continuance to twelve months in stead of three years. Considering this as a money-bill, Mr. Straker opposed the amendment, as a violation of the funda mental rights of that house; but the objection was over- OF BARBADOES. 583 ruled, and the amendment adopted by a majority of nine C^V2V^J- to four*, and the governor, Avithout hesitation, assented to 1788- the bill, by which he surrendered to the representatives of the people an important branch of the executive govern ment, the right of appointing to public offices. This laAv, as had been foreseen, gave rise to many cri- lu minal prosecutions, and several persons convicted of per jury Avere condemned to the pillory. Among these Avas a poor old Avoman, Avhose poverty and ignorance had proba bly contributed to reduce her to that state of degradation. From motives of compassion, congenial to the character of Barbadians, the magistrates directed the constables, Avho were directed to attend the execution of the sentence, to use their endeavours, during the hour of exhibition, to protect the unfortunate sufferer from the insults and indig nities common upon such occasions. An ensign of the forty-ninth regiment, Avho happened to be present, not ap proving of this forbearance, strove to instigate the mob to acts of violence, Avhich produced a Avarm expostulation from the police-officers. The military gentleman imme diately drew his sword and made a thrust at one of the con stables, who, no less tenacious of his authority, instantly tripped up his heels, and deprived him of his weapon, -which was directly carried and put into the possession of '* The reader' who is desirous of determining the question may consul t.Blackstone's Comment. toI. 1. p. 170. 584 THE HISTORY C^^J" Mr. Errington, a respectable justice of the peace. A dis- 1789 graceful scene ensued. The grenadier company of the re giment, led on by their serjeant, marched, Avith bayonets fixed, from their quarters at Constitution-hill, to the house of the magistrate, at the western extremity of the town. They rushed up stairs, where Mr. Errington Avas sitting with his family at dinner, and with the most horrid imprecations presented their bayonets tp his breast, threatening him with -instant death if the sword Avas not delivered. Incapable of resistance, Mr. Errington Avas compelled to give up the sword, with which they returned, after committing several enormities in the neighbourhood, breaking the windows, knocking down and wounding several of the inhabitants,, and throAving the whole town into terror and confusion. I have no authority to add, that any steps were taken by the governor to obtain satisfaction for the insult offered the laws* in the person of a respectable magistrate, or that any pu nishment was inflicted on any part of the corps who had betrayed such a want of discipline in the commission of so flagrant an outrage. In pursuance of the Duke of Richmond's scheme of for tifying the British islands in the West Indies, the governor of Barbadoes Avas directed to require of the assembly a sufficient quantity of land, to be purchased at the expense of the country, for the fortifications intended to be erected agreeably to a plan formed by Colonel Fraser. This de mand, with a requisition of negro labour, having been sub- 2 OF BARBADOES. 585 mitted to the house, they resolved, that the circumstances c^iS^}1, of the people would not admit of any considerable increase 1785' of their burthens, for the security of the island, and the support of government ; they could not, therefore, com ply with the demand farther than to appropriate to this service, the labour which the inhabitants were required to contribute, by the existing laws, for the use of the fortifica tions, for the term of tAvo years. The grief and consternation that pervaded the kingdom ?790. on the severe indisposition with Avhich it pleased God to afflict the King, naturally extended to this distant part of the empire ; and Avhen his Majesty was happily restored to health and the exercise of regal power, the most lively emotions of joy animated the public mind. A day of ge neral thanksgiving having been appointed by the governor, the morning Avas ushered in with the ringing of bells, to Avhich succeeded an appropriate service in all the churches throughout the island ; and the grateful thanks of a loyal ¦people Avere offered up to the throne of grace, for the di vine favour, vouchsafed to the best of Kings. After the performance of this act of devotion, an ox, roasted whole, with plenty of ale and punch, Avas served out to the popu lace ; and, in the evening, Bridge-town was brilliantly il luminated. Upon the Avhole, all ranks of people seemed to vie Avith each other in the most splendid demonstrations of joy. The legislature could not be silent on such an oc casion i an address of congratulation was voted by both » 4 r 586 THE HISTORY c^v^L houses, and'transmitted to the agent to be presented to their 1790. beloved Sovereign. Mr. Parry noAv began to turn an anxious eye towards his native country, and in a very kind and complimentary May 12. speech, signified "to the legislature his intention of availing himself of his Majesty's permission to be absent from his government for twelve months. Agreeable to this intima- Juiy6. tion, his excellency embarked on board the Philippa Har bin, and returned to England. His excellency's departure had been preceded by that of his lady about fifteen months, who had died shortly after her return home. On the governor's leaving the island, the supreme autho rity devolved on the Honourable Henry Frere, president of the council. Mr. Frere had now attained the object of his ambition, pursued for thirty years, during which he had sat at the council-board, in anxious expectation of obtain ing the government of his native country as the reward of his services. In the usual parliamentary communications betAveen him and the assembly, all former political and per sonal animosities seem to have been forgotten. He took July 21. the first opportunity of addressing. the legislature from the chair, to express the satisfaction with which he saw the har mony and good disposition of the people in general. Hav ing* the fullest confidence in the good sense, experience and discernment of both houses, he hoped that unanimity, which toad been always found necessary to give stability to i. :p*iblic haopiffless, r would mark their proceedings. And he OF BARBADOES. 587 reflected with particular pleasure, that linked together as cHA^xva they were in one cause, the prosperity of their country,. 1790k one common interest ought to unite them, nor should any thing, he said, divide a legislature formed upon one just principle and pointing to one salutary end. The addresses Avere, as usual, little more than echoes of the speech. The council would not suffer themselves to doubt that his honour's sound judgment and competent knowledge of the constitution, the result of a liberal edu cation, and a long and faithful attendance on public busi ness, together with his distinguished principles of loyalty and patriotism, would leave his administration to reflect the greatest lustre on his character, whilst it diffused hap piness among the people. Nor was the address of the as sembly deficient in expressions of respect and congratula tion suitable to the occasion. The business of the settlement Avas brought forward by Judge Gittens* who moved^ that the sum of two thousand pounds per annum be settled on the president during his administering the government. The motion was seconded by Mr. Mayers, and opposed by Mr. John Bishop, by whom an amendment was moved, to omit the words " twcr thousand," and imertfifteen hundred. The amendment Avas ¦ supported, Avith his accustomed ingenuity, by Mr. Beckles. Disclaiming all personal enmity to the gentleman who then filled the seat of government, he declared j that if the dear est friend he had upon earth were presidentj he would not 4 f 2 588 THE HISTORY ™2£^2J- vote for an increase of salary. It had been said, upon a 175°" former occasion, that the King's example, in allowing the president half the salary allotted by the Crown for its re presentative, would be a proper rule for the observance of that house ; and that, as it had been customary to give the governor three thousand pounds, it would be right to al low the president fifteen hundred. Mr. Beckles approved of this rule, and lamented that it had been departed from in the case of General Cunninghame; but, as it had been adopted in favour of Mr. Parry, he thought it would be prudent to make it the standard by which the salary of both the governor and president should, in future, be re gulated. After a long debate, the amendment Avas nega tived, and the original motion carried by a majority of fourteen to five. The depreciation of the gold coin by the nefarious prac tices of clippers and importers of light goldr was an evil which did not long escape the president's penetrating eye; nor did he omit any thing within the sphere of a vigilant magistrate to suppress, a crime, so pregnant with the most fatal consequences to the interests of a com mercial country. He issued a proclamation, prohibiting the iniquitous practice of clipping, under the severest pe nalties of the law, and commanding all justices of the peace to use every legal method of detecting the dishonest perpe trators of the act, and of bringing them to condign punish ment. On the meeting of the legislature,, the president re- OF BARBADOES. 589 commended this subject to their most serious consideration ; C1}^™L and a committee of the assembly Avas appointed to inquire 1790, what would be proper to be done on the occasion ; but, though they made a report to the house, no effectual mea sures Avere taken to repress the evil until the following year. Meanwhile, the council made an attempt to introduce an innovation in the colonial penal code, and to punish the white murderer of a slave Avith death. To this end, they passed an act for the better security of slaves in life and member ; Avhich, in consequence of the imposition of a pe cuniary penalty of one hundred pounds on any person con victed of maiming a slave, Avas rejected by the assembly, under the impression of its being a money-bill. After an absence of little more than eleven months, Mr. 1791- June 24. Parry returned to Barbadoes, and resumed the government. Mr. Frere's short administration, far from giving rise to those party dissensions which, from a previous acquaintance with his political principles and conduct, were expected to result from it, was happily a season of the most perfect amity and concord. Undistinguished by the exercise of any particular acts of executive or legislative power, the even tenor of his government was influenced by no consi deration distinct from the public welfare. And, whatever might have been his errors in a subordinate character, it was his peculiar felicity to administer the supreme autho rity of his native country, without increasing the animosity 590 THE HISTORY chap. xvn. 0f nis political opponents, Avith honour to himself, and to 179 u ' the entire satisfaction both of whigs and tories*. His excellency's arrival was accompanied with fresh de mands on the assembly to furnish negro labour for the com pletion of the works carrying on at the castle, and to pro vide funds for the purchasing of such lands as were still re quired for extending the fortifications. These requisitions were attempted to be enforced by a threat, that 'the refusal of such moderate aids must suspend the execution of a design, obviously essential to the safety of theisland. But the assembly steadily adhered to their former resolution, not to increase the burthens of their constituents by amy pecuniary grants towards the works carrying on by govern ment. The peace of Bridge-toAvn was frequently disturbed, about this time, by the disorderly and offensive manners of the officers of the army. Indeed it is much to be la mented, that a more amicable intercourse does not subsist between the natives and those gentlemen, among whom there are many respectable and valuable characters. With habits of life so widely different from those of the inhabit ants, no principle of assimilation seems to exist between 1792, them. This contumelious treatment, at that time, occa sioned many quarrels between the officers and the natives * Mr. Frere, having received some injury in getting out of his carriage, died «r» the 25th day of May, 1 792. OF BARBADOES 591 some of which having terminated fatally, an appeal to the chap.xvji. laAvs of the country became necessary. Of the result of 1792, one of these appeals, it may be proper to take some notice. It seems that Mr. Gabriel Weekes, son of the judge of the admiralty, was involved in a dispute Avith Mr. Slater, of the forty-ninth regiment. Each had, at different times, committed an assault and battery on the other, for which they were both indicted at the court of grand sessions. In the event, Weekes Avas sentenced' to six months imprison ment, and fined only ten pounds, in consideration of his pecuniary embarrassments. Slater, on the other hand, was sentenced to only three months imprisonment, and to pay a fine of fifty pounds.. The chief justice, Mr. W. Bishop, immediately applied to the governor, and obtained the entire remission of Slater's punishment, while Weeks Avas permitted to endure the unmitigated rigour of his sentence. Neither the father nor the son were of a temper to submit patiently to treatment, which appeared to them so partial and unjust. The chief justice was attacked with all the asperity of wit, and the venom of abuse. The debased and. mutilated state of the gold coin had now become a theme of general complaint. The importa tion of light foreign coins from Great Britain and America was carried to an alarming extent by strangers, who, hav ing no interest in the colony, felt no scruples of conscience at a practice so repugnant to religion and morality, while , 592 THE HISTORY CH(AJ^VJL the clippers Avere industriously employed in diminishing 1792, those Avhich Avere.of standard weight. Urged by the mag nitude of the evil, the governor pressed the matter on the attention of the assembly, and earnestly called for their as sistance in suggesting some legislative measures, propor tioned to the exigency of the case. The house readily June 8. took the subject into consideration, and a law was enacted, to punish all persons convicted of clipping, counterfeiting, or filing the current gold coin Avith death ; and the importers of all diminished or debased coin, besides forfeiture of the coin imported, were made liable to a penalty of five hun dred pounds. This law was soon found to be inefficacious. Offences, privately committed, could not be punished for the want of legal evidence to convict the offenders. Pre vention is better than remedy. The most certain and in fallible way of keeping men honest, is to make it their in terest to be so. Had the gold coin been made current by Aveight, the most incorrigible mutilator and importer would have been more effectually restrained from their infamous practices, than by their most sanguinary laws. The subject Avas most ably and perspicuously treated by the masterly pen of Mr. Gibbes, W. Jordan, the present valuable agent for the colony, whose superior intelligence penetrates with facility into the most difficult and abstruse branches of human knowledge. From the soundest princi ples, Mr. Jordan deduced this just conclusion, that the only effectual remedy for the existing evil, was the establishment of a legal currency of the gold coins by weight, at a rate OF BARBADOES. 593 proportioned to the real value of the bullion, excluding C)^^IL the expense of coinage. With this principle partly in vieAV, 1792" Judge Gittens, one of the committee appointed to take the June 22. subject into consideration, introduced a bill to remedy the inconA'enience; but by a strange inconsistency, it Avas pro posed to reduce the standard of all foreign gold coins in circulation about ten per cent. beloAv their real value. The pernicious tendency of the bill was clearly developed and ably combated by Mr. Husbands and Doctor Hinds. They demonstrated by an irresistible chain of reasoning, that the value of the mutilated coin would be increased in pro portion to its mutilation ; hence the villain, it was said, would be encouraged in his fraudulent practices, and re* warded for his nefarious industry : that as no regulation nor change was made in the value of silver, all coins of tbe latter metal would be sent out of the country, in change for debased or depreciated gold, to the great injury of the inferior classes of society, who, deprived of a convenient circulating medium would starve, like Midas, in the midst of gold. The obvious tendency of the measure to enhance the price of every species of merchandise was elucidated with great force and perspicuity ; and the proposed innova tion in the value of the eoin, it was insisted, would operate, like a two edged sword, to the injury of both ' debtor and creditor. In all insular contracts, the fair honest creditor would be the party injured; as he would be com pelled to receive money at a greater value than it was 4 G 594 THE HISTORY chap. xvn. fcnown to possess. On the other hand, to the debtor Avho 1792i had remittances to make, either to Europe or to America, it would prove no less detrimental by enhancing the prices of our staple products, and encreasing the rate of ex change. The principal arguments urged in support of the bill Avere, that it Avould be the means of retaining the money within the island, and of guarding from injury the honest money-holder, who had fairly received the mutilated gold in the course of regular circulation. The apprehension of a scarcity of money is a chimera, Avhich has no existence in nature. Agriculture and commerce Avill ever supply the means of procuring a sufficient quantity of the precious metals for the purpose of internal circulation. And to the money-holder, whatever might have been his immediate loss, the injury must have been small compared Avith that sustained by the whole community, in permitting the infamous traffic in debased and diminished coin. But all the argu ments and rhetoric of the opposition were employed in vain; the bill passed the house by a majority of nine to seven, and was sent up to the council, by whom, it was re jected. juiy 5. The governor having recommended the assembly to resume the consideration of this important subject, Doctor Hinds, whose conduct through the whole of the business reflects infinite credit on his talents and understanding, in troduced a bill for regulating the currency of the gold coin. OF BARBADOES. 595 ,~» • The bill Avas framed on the salutary and equitable principle c^^/^t of preserving the standard and giving currency to the i792' depreciated coin at two pence three farthings for each grain of its Aveight. To every mind free from prejudice and un biased by sinister motives, it must be matter of astonishment, that any objection could exist to a plan so fair and eligible. It afforded the only effectual remedy for the evil Avhich had been so long the cause of complaint and discredit to the country, and Avas the most permanent security against the fraudulent practices of diminishing the coin, or of importing depreciated specie. The bill, hoAvever, experienced a vigor ous opposition from the friends of the former measure, in s Avhich numbers again prevailed over sound reason and good sense. Mr. Mayers, Avas noAv encouraged to introduce a third Julyi9« bill, the principle and tendency of which were precisely the same as that Avhich had been already rejected by the council, consequently it experienced a similar fate. Six Aveeks had elapsed since the assembly had taken this import ant subject into their consideration. Within that time they had frequently adjourned, de die in diem, without being able to come to any decision on the proper means of correcting the evils and abuses complained of And, as from the obstinacy of the majority there was little proba bility of their agreeing upon any plan of restoring the mutilated coin to its real value, his excellency had recourse to his prerogative, and, by proclamation, established the Aug. 4. 4 g 2 b9Q THE HISTORY cftAf.xvn. value of the several gold coins, in general circulation, at a 1792,! standard proportionate to the legal coin of Great Britain, Avith an allowance of two pence three farthings for each grain deficient of their original weight. The currency of these coins has continued ever since, agreeable to this equit able regulation ; though it must be evident to every man, who is even but slightly acquainted with the constitution of England, that the proclamation Avants the confirmation of an act of the legislature to make it binding. The royal proclamation may enforce the observance or the execution of existing laws; but neither the King, nor his representa tive, can, by proclamation, make that a law Avhich was not so before*. The bill formerly sent down by the council for making" a better provision for the personal security of slaves having been rejected by the assembly, from a punctilious regard to their privileges, and the popular clamour on the other side of the water still continuing against the Barbadians, for the reputed insufficiency of their laws in this particular, the Aug* 21. measure was revived, and a bill, making the wilful murder of a slave felony, without benefit of clergy, was introduced i>y' Doctor Hinds, Avho employed the whole force of his genius and rhetoric in its support. The speaker took a decided part in the debate, and spoke with his usual pathos * See this subject clearly iUttstrdted in-Blackstoae's Comment, vol. 1. p. 27tO. l OF BARBADOES. 597 and energy in favour of the measure, av hich, the learned C^£^VJ' member, who introduced the bill, affirmed, could be opposed only by prejudices or the tyrant's fears, Avhile justice and humanity pleaded in support of it. To talents so de servedly high in the estimation of the public, were . opposed the nervous eloquence of Husbands and the persuasive in genuity of Beckles. After a long and animated debate, the bill Avas lost in the committee. The atrocious conduct of the regicides of France, having 1793. rendered a war betAveen Great Britain and the French re public inevitable, the governor, Avith that prudence Avhich distinguished his administration, convened the legislature, and recommended the putting of their militia into such a state as to be capable of co-operating with the King's troops. Sensible of the danger to Avhich the island was exposed, from the critical posture of affairs in Europe, the assembly appointed a committee to prepare and bring in a neAV militia bill. The principal features of this bill Avere April 30, the dismounting of the cavalry, and the establishment of parochial regiments. After an ample discussion of its principle and tendency, and various amendments had been made by the house, the bill passed; but its progress was obstructed by the unseasonable expiration of the assembly, which prevented its being sent up to the council for their Concurrence. Hostilities having actually commenced between Great Britain and France, an expedition against Martinico was, 598 THE HISTORY CH^JZlt undertaken by Admiral Gardner and General Bruce. The 17^3' inhabitants of that country, participating in the misfor tunes Avhich afflicted the parent kingdom, AA-ere miserably divided, and distracted by faction and rebellion. In this deplorable situation, the royalists sent a deputation to the commander in chief of the British forces at Barbadoes, requesting his assistance, and stating that they were already in possession of some strong posts. In consequence of this invitation, Admiral Gardner, Avith seven ships of the line, having General Bruce and a body of land forces on board, proceeded to Martinico, where the troops Avere immediately landed. But, finding they Avere likely to encounter a vi gorous resistance, Avithout receiving that firm and effective support from the royalists, Avhich they had been taught to expect, the British commanders reimbarked their troops> June 27. and returned to Barbadoes. Some hundreds of the wretch* ed inhabitants of Martinico, took the opportunity of flying on board the fleet, from the horrors of democratic rage. The sensibility of the Barbadians Avas deeply affected at the forlorn situation of these unhappy fugitives, Avho Avere ' thus thrown* on their humanity, exposed to misery and want. A liberal subscription was opened for their relief* under the patronage of President Bishop, and a sufficient sum Avas soon raised to supply their necessities, and con vey them among the neighbouring British islands, Avhere most of them had connexions. The ill state of Mr. Parry's health making a change of OF BARBADOES. 599 climate necessary, he resigned the government into the CH^^}!m hands of the Honourable William Bishop, president of l793m the council, and embarked for Nevis, Avith the design of July 22, proceeding to Halifax ; and, in the event of regaining his health, of returning to Barbadoes. Disappointed in this hope, he continued his voyage to England, Avhere, on the twenty-sixth day of December, he paid nature's last debt. A general election having taken place, a few day's before the governor's departure, his honour, the president, had an early opportunity of receiving the congratulations of the legislature. The assembly having gone through the usual juiy 23. ceremony of appointing a speaker, and presenting him to the president, Avhose approbation of their choice was ex pressed in terms the most flattering and polite, entered upon the consideration of the provision to be made, for supporting the dignity of gOA'ernment. The subject Avas introduced by Mr. B. A: Cox, avIio moved, that the sum of two thousand pounds annually should be settled on the ^ president,, for defraying the expenses of his administration. An amendment Avas moved by Doctor Hinds, and seconded by Mr. Mayers, the purport of which Avas to limit the set tlement to fifteen hundred pounds. The amendment Avas rejected, and the original motion, which was supported with great eagerness, by Sir J. G. Alleyne and Mr. Beckies, was carried in the affirmative, by a majority of fifteen to six. Thus the standard,, which had been, so earnestly recommended on. $00 THE HISTORY CHAP. XVII. 1793. the accession of Mr. Frere, was departed from on the very first occasion that occurred. , The first moments of Mr. Bishop's administration, "were necessarily occupied in the disposal of the civil and mili tary offices, Avhich had become vacant by his own promo tion. Mr. J. B. Skeete was appointed to the command of Speight's division, and colonel of the Leeward regiment of foot*; and Mr. W. Pinder, an eminent attorney at laAv, Avas honoured Avith the appointment of chief judge of Saint Miehael's precinct. These arrangements Avere quickly folloAved by the sus pension of the Honourable Nathaniel Weekes, sole judge of the' court of vice-admiralty. Previous to Mr. Bishop's exaltation to the presidental chair, the ship La Libert6, French East-Indiaman, had been captured, and brought to Barbadoes for condemnation, by the Pilgrim letter of marque, of Liverpool. The immense value of the ship aAVakened the cupidity of the judge of the admiralty, who immediately had it intimated to Mr. Barton, a merchant of much respectability, at Bridge-Town, Avho was agent for the prize, that he should expect a fee of one thousand pounds for expediting the condemnation of the vessel* Anxious to obviate the delays of office, and the difficulties * Mr. Skeete dying soon afterwards, the command of that division was entrusted to Samuel Hinds, Esquire, a man of the most benevolent and irreproachable character. 0$ BARBADOS. which were- thrown in his Avay, Mr. Barton submitted to CHAP- xvrt' the extortion. Weekes received the money, and condemned ' "***' the shjp. The act Avas grossly criminal, and deservedlv punished. The commencement of the year was soon succeeded by Jan- 6- the welcome arrival of a squadron, under the command of Sir John Jeryis, and a considerable body of troops, under the orders of Sir Charles Grey. From this moment all Avas hurry and bustle at Pilgrim. The president Avas not only disposed to grant every facility in his power, to the de mands of the veteran commanders of the navy and army. -•' • ¦¦'¦ ¦¦ ¦ v.' ¦...'¦. ¦.¦¦..: :;--_'- --¦- -. - i'-ir,yn) S .jst.-M7 he was eager to anticipate their Avishes. Having receited 3, letter from £>ir Charles jGrey, expressing a desire of be,ing furnished with qne thousand negro men, to serve as pioneers on the expedition in which he Avas about to embark, the president immediately convoked the legislature, and laid before them the general's proposal. At the same time, anxious to manifest his extraordinary zeal for the service* he encouraged the general to expect that a corps of insular troops should^ be raised, at the expense of the colony, to strengthen his Majesty's forces in the West Indies. In the present state of the population of the country, the scheme was absolutely impracticable ; and Avhen the proposition .came regularly before the assernbly, in a message from his honour, it Avas treated with neglect. Sir Charles Grey's requisition was of a very different com- -* * i ¦ 4 H 602 THE HISTORY " c^^yy11- plexion. He proposed to allow a fair hire for each negro, 179*' that should be sent, and to pay the full value of such as should be killed, maimed or missing when their time of service had expired. A proposal so fair and liberal was readily agreed, to by a large majority of the assembly; and a bill was accordingly passed to compel tiie owners of slaves to furnish a contingent proportioned tp their whole number, which soon received the concurrent sanction of the other branches of the legislature. But, after all, when the negroes were ready to be sent in, Sir Charles Grey abruptly refused to receive them; upon the very conditions which he had proposed. To lose no opportunity of manifesting the fervency of his zeal, while the armament lay at Barbadoes, the president generously opened a subscription for the support of the wives and children of the non-commissioned officers and privates of both departments. Four hundred pounds ster ling Avere thus raised for the use of these people, who, though they were not suffered to proceed with the, troops to Martinico, Avere amply provided for by govern ment. On the third day of February, the expedition left Carlisle Bay, and made a descent on the Island of Martinico. From the good understanding which happily prevailed between the president, the admiral and general, their excellencies condescended to communicate to him the ulterior opera- OF BARBADOES. 603 tions of their combined forces, Avhich Avere regularly, pub- CHAP- xv"- lished, by his authority, in the Barbadoes Mercury; a con- "^^ duct at Avhich" the admiral and general Avere not well pleased. But, as the particulars of the campaign are un connected with the design of this work, we- shall decline entering on a subject which rather falls within the province of the general historian. It may not, however, be improper. to observe, that a voluntary subscription Avas opened Tor supplying the brave soldiers and sailors employed in the reduction of Martinico with live stock and fresh provi sions; and that the quantity furnished Avas in the highest degree creditable to the liberality and humanity of the donors** The president's indiscretion in offering the admiral and general assistance which he had not influence to procure, and which, had his influence been greater, the state of society rendered unattainable, produced a letter from Sir John Jervis, in which his honour and the Avhole legislature were treated Avith equal indelicacy and disrespect. The admiral began Avith remarking, that he had Avaited Avith some degree of impatience for the poAverful aid Avhich Sir Charles Grey and himself had been taught to expect. But far from receiving any assistance, the creAVs of his Majesty's * The value of this offering was six hundred and fifty pound*. 4 H 2 oi CHApjcm sKips had fen f&iicefl to deserl, Wifhm adjacent "Sets 1794. were infested with swarms of rjirates; under the ?safictidH of commissions issued by the governors of the different i§larMSv For these reasons he desired his- honour w6vild convene the; legislature and represent to thetti the iVecessity S'f rMrft| W$ all seamen harboured in hhk island, and Ending them *$& bo4rd his Majesty's fleet. March 21. Alarmed at fche apprenettsion of having given offeh'ce t6 persons whose friendship and esteem he had sedulously 'en deavoured "to cultivate, the president hastened t6 comply with the admirah desire. The 'assembly having met?, put- suant to a special summons,, received a \ne§sage from tfofe president, with a copy of Sir John Jervis's letter*,. e'a'rnestfljr conjuring them, "by every, just and tender consideration, For the honour and creoit of this ancient and loyal colonyy to pay the fullest a-ttentieri to the suggestions; of his excel lency;, the commander in chief of his Majesty's .naval forces-; and as the representatives of the- people, 'to make use of the power Vested in them to mark Nout that loyalty for Avhiehi the country had been at all periods conspicuous." The message concluded with itecommending the passing of an,. act to strengthen the hands of the civil power, by enabling the magistrates to apprehend seamen of all descriptions;; and that a bounty should be granted to a number of able- bodied seamen, to assist in manning the fleet. The message having been read, Mr. SoKottoT-General of 8ar£M)5Ms. 6o5 Beeves-, WfteVsome just and spirited remarks anfhe blfeft- c^.-*™- sive insinuations tlifoAvh out by the admiral expressed his xm- doubts cbncernibg the prdp'riety of the president's first re quisition. Willing as 'that house were* at all times, ta afford every necessary aid to his Majesty's forces, thef; should take care, Mr. Beckles said, hot to lose sight of the constitutional righte Jof the subject. Although the Im pressing of seamen had been sanctioned by Custom^ he "was n6t iiware of any act of parliament by Which it was expressly authorized. To take up vagrant seamen^, and, if they were f&und to lie deserters from the n^eet, to return them might be very proper ; but to. take up all seamen, indis*- fcriminately, and to send them on board his Majesty's ships, ^ftbuld be, he said, a most glaring infringeirient on the liberty or* the subject. With respect to a bounty t® iHibse seamen Avho should voluntarily enlist, Mr. Beckles bad no objectiohj as it could riot burthen their consti tuents much, and might be Of essential service to the ex pedition. Justly indignant at the unmerited reproaches which the admirai bad cast upon the 'colony, and yet more at the le vity with which the assembly were treated in being ealled irorn "their distant h6mes on so frivolotis an occasion, Sir J"ohn G. Alleyne moved thMe "resolutions. The puTpoft of %he first arid Second was the rejection of both the presi dent's requtsMohs ; white the iihird Was intended, to ^fjaaifr- 2 606 THE HISTORY' CHAP. XVII. 1794. tain the dignity of the house, by. declaring that the assem bly would not, in future, obey any summons for their meeting out of the ordinary course of adjournment, unless the cause of the special call should be recommended to them, through the speaker, at the time of their being sum moned. These resolutions Avere opposed by Mr. Mayers and Mr. Beckles, Avho particularly objected to the last, as being unparliamentary ; they Avere,- nevertheless, agreed to, those two gentlemen alone dissenting. It must be confes sed, that the last resolution was extremely unconstitutional, and utterly indefensible upon any principle of parliamentary usage. The president's extraordinary attention to Sir Charles Grey, and Sir John Jervis, and the uncommon earnest ness with Avhich he endeavoured to promote their designs, drew from them such favourable representations of his conduct and zeal for the service, as produced the most flat tering expressions of his Sovereign's approbation. And, in consequence of a communication between Mr. Secretary Dundas and Mr. Brathwaite, the colonial agent, to Avhom the president Avas nearly allied by marriage, his honour ex pected to have been confirmed in the government of the island. But the policy of the British court not alloAving the appointment of a native to that situation, Mr. Dundas, it Avas said, proposed the government of Tobago as a reward for his services. Without consulting the- president, Mr. 1794. OF BARBADOES. 607 Brathwaite, to whom the offer was made, replied, that the CH^yjL government of Tobago would neither be agreeable nor pro fitable ; and these prospects at length terminated in an or der from the Crown, to the next governor, to reinstate Mr. Bishop in the office of chief judge of Saint Michael's precinct. 608 thi ms to expect his per- c'r,T sonal and impartial assiduity. Nor should they expect it in vain. He anticipated the happiness Avhich would result from mutual friendship and reciprocal confidence, and con eluded a loyal, patriotic, and judicious oration with these words; " Born, as I am happy to reflect, within the tropics, and having occasionally resided in these climate?, ma pub lic and private situation, I trust you will not find me wholly unacquainted Avith the interests, and certainly not inatten tive to the' welfare of my countrymen. And, hoAvever, un able I may feel myself to emulate, in other respects, the royal example, I shall, at all times, make the prosperity of this respectable portion of his Majesty's subjects the object of my warmest exertion, and ever consider their affections my noblest reward." -v,, A suitable provision for supporting the dignity of govern ment was naturally the first object that occupied the atten tion of the assembly. This necessary business was brought forward by the solicitor-general, Mr. Beckles, who moved that a salary of three thousand pounds per annum should be settled on his excellency, during his administration. No motion that had ever been made within those walls was ever received Avith greater approbation and unanimity. A bill framed, in conformity to the motion, was accordingly introduced, and, having passed the assembly, immediately reeeived the unanimous consent of the council; and was 4i 2 .612 • THE HISTORY c^^nrI; most graciously assented to by his excellency the same im- day. Few men in any age or country ever succeeded to the supreme authority under circumstances more auspicious than those which existed at the time of Mr. Rickettss ac cession to the government of Barbadoes. A strong predi lection in his favour pervaded the public mind, The po liteness of his manners, the affability of his deportment and the suavity of his temper, coneiliated all hearts and united all parties in one common sentiment of approbation and esteem. An understanding at least specious, joined to a heart glowing with the genuine feelings of patriotism, af forded the most rational presages of the happiness which the prudence, the mildness, and equity of his administra* tion would diffuse among the people placed under his go vernment. The constitutional maxim, that the king can do no wrong, Avas willingly extended to his representative; and, as if an axiom, obviously right and expedient in poli tics, were equally true and just in ethics, his most venial faults were, without hesitation, imputed to others. The early exercise of his functions confirmed the public expec tation. A generous disinterested zeal for the welfare of the community seemed to be the only spring that actuated his conduct. From Tobago the governor brought with him, in the cha racter of his private secretary, Mr. Robert Wimberiey, a 4 OF BARBADOES. Gig1 gfeatlema-n of tbe bar, who seems to have been the Piers CHAP- XVUL Gavaston of Barbadoes, and to have possessed at Pilgrim > 17*,*, the same degree of favour and confidence which had been enjoyed by the favourite of Edward II. at the British court. Soon after his excellency's arrival Mr. Wimberly Avas ap» pointed to the command of Charles Fort, Avhich was follow ed by the appointment of deputy-secretary, in the room of Val. Jones, Esquire, who had resigned the office on being appointed commissary-general of his Majesty's forces in the West Indies. About the same time Mr. Pinder, chief jus tice of Saint Michael's precinct, resigned his dignified si tuation, and the president Avas satisfied to descend from ad ministering the supreme authority to the subordinate office of administering justice in a court of common pleas. Sensible of the importance of a steady and faithful dis- - tribution of justice, his excellency early manifested the deepest solicitude on this subject. In his anxiety to re- - store the judicature of the country to its proper, rank and i- value, he Avrote circular letters to the judges, insisting on a more sedulous attention than had been given, to their duty ; to which they Avere encouraged by the laudable example of diligence and dispatch exhibited to their view in the courts over which he personally presided. . The colonial constitution unwisely requiring an .Annual election of representatives, we are frequently reduced to the necessity of repeating, in the space of a few pages, the re currence of the same events and ceremonies.. A general 614 THE HISTORY ca^^}1' election* having taken place, the governor embraced the AugustVi. opportunity of addressing both houses on the meeting of the colonial parliament, to lay before them several import ant particulars, which he felt it his duty, he said, to sug gest for their consideration. The principle on which the militia was founded, hoAvever congenial with the ancient common laAv of England, experience had shewn to be in effectual and oppressive. It Avas their province, he re marked, to make such alterations both in the theory and . practice, as may appear most conducive to the public in- - terest, avoiding equally established prejudices, and unne cessary innovations. It Avas an unpleasant, but, he feared, an acknoAvledged truth, that the administration of justice in most of the courts of law was, at best, irregular and uncertain. This he as cribed to some radical defect in the system, as he was too, Avell acquainted with the characters qf the persons Avho pre sided in those courts to impute any blame to them. The ineffective state of the police was, he said, a subject of shame and regret. The effects of this negligence were too * The members were, J. Mayers and J. Beckles for St Michael's; E. Welch/and J.-. Sullivan, ChristChurch; J. Gittens and J. A. Olton, St. Phillip's; B. A. Cox and H. Trotman, St. George's; S. Wallcott and R. Haynes, St. John's; G. James and S. Hinds, jun. St. James's; S. Forte andT. Williams, St. Thomas's; S. Hinds and Har- Tison Walke, St. Peter's; Ben. Babb and S. Husbands, St. Lucy's; J. Stewart and W. A. Culpepper, St. Joseph's; Sir J. G. Alleyne aud J. Jordan, St. Andrew's. 5 OF BARBADOES. , 615 obvious to require his enlarging on so painful a theme. c^^nj' Their situations, as magistrates, he remarked, opened a wide field to their exertions in the suppression of immorality and the protection of the friendless and oppressed. This Avas surety, he added, the most enviable privilege of wealth and poAver, and rendered the possessors of them blessings as well as ornaments to society. By the noble reward of an approving conscience he encouraged their exertions in the restoration and promotion of a constitutional defence, of their judicial arrangements, and of a firm and effective po lice. Unless these AA^ere secured and maintained, property must be precarious, credit must be endangered, and free dom itself but an empty name. Meanwhile Judge Weekes having been restored by an order of the Lords of the Admiralty," alleging that he ought not to have been deprived of his office before he had been convicted of the crime imputed to him, by the verdict of the jury, the attorney -general Avas ordered by the governor and council to prosecute him for extortion. Mr. Weekes December. was accordingly indicted at the court of Grand Sessions, and fully convicted of the offence with which he was charg ed. In commisseration of his age and family, and consi dering that he would be sufficiently punished by the loss of his office, the source whence he principally derived the means of subsistence, the court humanely sentenced him to pay a fine of five shillings. Mr. Weekes was now judicially declared unworthy of confidence; and Jonathan Blenman, 616 THE HISTORY CJ^^"/- Esquire, a gentleman of unblemished character, Avas ap- 1794" pointed to succeed him as sole judge of the court of vice- admiralty. Weekes consoled himself in meditating revenge on the person Avhom he suspected as the author of his ruin. He lodged an information with Mr. 'Philip Gibbes, one < of his Majesty's justices of the peace, against Judge Bishop, for extortion, in having demanded and received a fee of ten pounds on issuing a process, for which he was legally en titled to no more than twenty shillings. Mr. Gibbes, Avho, among all his eccentricities, was always willing to do equal justice betAveen man and man, regardless of rank or con dition, readily issued a summons, commanding Mr." Bishop to appear before him at a certain time and place to answer the charge. < The president immediately collected a large party of his friends, chiefly lawyers, and repaired to the town-hall, Avhence they dispatched Mr. Wimberley's carriage to fetch the justice,. Mr. Gibbes inconsiderately went; and as soon as he arrived, Mr. Bishop offered to give bail for his appear ance at the court of Grand Sessions, which the other very properly declined receiving before the day appointed for hearing the complaint. This produced a violent alterca tion, in the course of which Mr. Gibbes, for the faithful performance of his duty, was most grossly abused and un warrantably insulted by the, whole party. Without seeking that redress and indemnity to Avhich, as a magistrate, he was OF BARBADOES. 617 particularly entitled, in the execution of his office, he se- ^^^J^1' lected the solicitor-general as the object of his resentment, im* and sent a friend to him the next day ; but as it appeared that he had misapprehended the particular expression at which he had taken offence, the affair was settled Avithout producing any ill consequences. In the event, the charge against the president not being supported by evidence, Mr. Gibbes dismissed the complaint ; and issued a writ of con tempt against one Busby, an attorney, who being a mate* rial witness in the cause, had neglected to appear, and con fined him several days in the common gaol. Busby, hav ing, at length, procured his discharge, brought an action of false imprisonment against the justice, and obtained a ver dict for one hundred and fifty pounds damages. The militia bill, Avhich had passed the assembly eighteen months before, and had been dropped from the expiration of the house before it Avas forwarded to the council, Avas thought of no more; till, urged by the governor's repeated calls, the assembly resumed the consideration of a subject . , 1795. which had been too long neglected. The bill Avas revived, Jan. i. and, having undergone an ample discussion, successively received the sanction of the three orders of the legislature. By this laAv the military system Avas entirely changed ; the tAvo regiments of horse Avere disbanded; the militia Avas di vided into eleven parochial regiments; and every man from the age of seventeen to sixty Avas required to enrol himself in the parish where he resided; with the exception of the 4 k 61S THE HISTORY r^S? members of both houses of the colonial parliament, the ,795, clergy, and all officers in the civil departments, together with all chief overseers of plantations on which there should be a specified number of slaves. These exemptions, partir cularly the last, created a general dissatisfaction; but, as the act was temporary and experimental, the people sub mitted to the measure, in the expectation that upon the re vival of the laAv the subject of their complaints Avould be removed. An enthusiastic spirit of loyalty and patriotism, Avhich peculiarly distinguished the present period, Silenced the murmurs of discontent; and, in a very short time, a re spectable military force, was created, as it were out of chaos and confusion, and assumed an appearance of order and discipline hitherto unknown in this country. The governor's active mind was perpetually employed in suggesting neAV schemes of political reform, and plans for promoting the prosperity of the country. In the execution of the designs, his excellency submitted to the assembly- two plans which he had arranged, for effecting a radical reform in the courts of laAv. Of these plans, the principal object was the final consolidation of the judicature of the island, into one supreme court in Bridge-Town. Tp antir cipate the opposition which might have been elicited by a collision of interests, it was proposed that the five chief judges should, in rotation, exercise the functions^of chief justice, until they should be successively removed by death, when the whole judicial authority was to centre io OF BARBADOES. 619 the hands of one supreme magistrate, with an establish- c^^^' ment of fees, or a salary, at the , option of the assembly, sufficiently lucrative to render the situation desirable to some professional man of character, and abilities. These plans experienced no inconsiderable opposition without doors. Though the proposition assumed the spe cious aspect of facilitating the course of justice, it Avas represented to be obviously calculated for the indulgence of the laAvyers, Avho were unAvilling to submit to the incon venience of going the circuits ; and therefore suitors, wit nesses, and jurors, Avere all to be dragged from the most remote corners of the island, and detained from their fa milies and domestic avocations, at a considerable expense, that the officers of the court might enjoy their ease. This was alledged to be contrary to every principle of legislation. It is a maxim in politics, that the interests and inclination Of individuals should yield to considerations of general wel- ^ fare ; but here, it Avas said, is a proposal to sacrifice the ease and convenience of the Avhole community, to the gra tification and indulgence of a favoured feAV. The necessity of a reform Avas admitted, but the objections to the con solidation were illustrated, and urged Avith great force, by an anonymous Avriter, Avho proposed, as a modification of the plan, to reduce the judicial establishment to three pre cincts, by Avhich justice might have been brought home, as it Avere, to every man's OAvn door. A bilk, framed on the principles laid doAvn in the go- 4x2 $m THE HISTORY m^x™h verfror^ plan, vras introduced by Dr. Hinds, and supported 1795, with his usual spirit and ability. The learned gentleman found a zealous auxiliary in the solicitor-general^ who, with a specious eloquence, and subtil ty of argument, strictly professional, exerted all his ingenuity in support of the measure*. The opposition was chiefly maintained by the venerable speaker of the assembly, who was himself an host, seconded by Mr. Husbands, the patriotic member for St. Lucy's. With talents so equally balanced, _ the question could only be decided by numbers, . influenced by the prejudices of habit and education ; and the bill, on the first reading, was rejected, by a majority of fifteen to four. A Meanwhile, the storekeeper's demand for powder, ille gally and unnecessarily delivered to the commanding offi cers of the forts, Avhich had been lying dormant for more than twenty years, was again brought forward. Early the last year, Mr. Cox had presented a petition to the assembly* in whieh, after recapitulating the particulars of his debt, ' which have been already taken notice of in their proper place, he stated, that during the administration of Mr. Spry, his debt, from the economical arrangements made by that gentleman, had been reduced from three hundred and forty-four barrels,, to ninety-four and a half ; that, from the * I regret that I am prevented from giving an abstract of the debates on this inte resting occasion ; the minutes- which were published* having eluded my most diligent t inquiry.. OF BARBADOES. 621 demise of Mr. Spry, to the date of his application, there CIJ^^IL had been no saving made to liquidate that balance, which,. l7S5' calculated at two shillings for each pound of powder, ex ceeded, the sum of nine hundred and forty-four pounds current money, exclusive of interest. The petition further stated, that there were then in his hands upwards qf tAvo thousand pounds belonging to the Mole-head funds, Avhich he prayed might be appropriated to the payment of his demand, with interest from the time that it became due. We have already seen how this debt was contracted, and how the powder Avas Avasted. It is admitted, that Mr. Cox ¦was unconcerned in the abuses which existed in the forts; but then his duty was clearly defined by a positive laAv, and the advances which he had presumed to make on the sole authority of the commander in chief, Avere as. illegal and unconstitutional as Sir Thomas Robinson's building an armory, without the consent of the assembly, or as General Cunninghame's arbitrary establishment of fees. Mr. Cox's petition had lain on the table more than twelve months, when Judge Gittens introduced a bill for applying Feb. s. a sum of money arising from the funds established for cleansing the Mole-head, to the payment of his demand. With the integrity of a Roman senator, Doctor Hinds steadily opposed the proposition. But, on the question beino- called for, it was carried in favour of the store- keeper's demand, by a majority of eleven to three. Up wards of fourteen years had elapsed, since the demolition 622 THE HISTORY CH^^Ln' of the pier, by the memorable hurricane, and, notwith- l7'95* standing the obvious utility of the work,, to which the par liament of Great Britain had contributed ten thousand pounds sterling, not a single stone had been replaced. And noAv, Avhen the funds established for that particular service were sufficient to commence the needful repairs of a fabric of acknoAvledged commercial convenience, they were diverted into channels the most foreign to their ori ginal design. Nor Avas this the only drain on that establishment. The celebrated infuriate democrat, Victor Hughes, having, in the course of the preceding year, with a force compara- tiArely inconsiderable, recovered the possession of Guada loupe, applied himself, with a diligence and perseverance worthy of a better cause, to injure and annoy the British islands in his neighbourhood. Innumerable SAvarms of armed boats and privateers, issuing from Guadaloupe, com mitted the most unparalleled depredations on the commerce of Great Britain. From the singular construction of these small, light vessels, they easily eluded the vigilance of our~ cruisers, in the open sea, and pursued their predatory ex cursions with impunity. The only effectual remedy for the evil Avas to blockade the ports whence they issued, and prevent their putting to sea. But as a sufficient number of vessels for this service could not be spared from the naval force on the station, General Vaughan and Admiral Cald well applied to the governors of the different islands, re- OF BARBADOES. 623 questing that an armed vessel might be furnished, at the c^™- expense of each colony, for the protection of their trade.. 1795, The requisition was complied with, by the assembly of Barbadoes, as soon as it Avas communicated to them ; and the sum of two thousand pounds of the money belonging to the Mole-head was unanimously voted, for the purpose of hiring the Lord Hawkesbury armed brig, for the service required, for the space of four months. Callous to every sentiment of religion or morality, the sanguinary republican commissioner, to whom the command of Guadaloupe was entrusted, sought by every practicable means, hoAvever inhuman or unjust, to gratify his savage enmity against the English. With this vieAv he contrived to introduce his emissaries into Grenada and Saint Vin cent's, in each of which the negroes, assisted by the French inhabitants, Avere excited to insurrection. The insurgents were supplied Avith arms and ammunition from Guada loupe; and-, Avithout compunction, committed enormities, at the bare recital of Avhich humanity shudders, slaughtering their prisoners Avith an indiscriminate fury, which respected neither age, sex, nor condition. Whilst this horrid drama was performing in our neighbourhood, the happy Barba dians enjoyed all the blessings of peace and tranquillity. But sensible of the dangers which surrounded them, they proved themselves Avorthy of the advantages they possessed*, by the cheerfulness and alacrity with Avhich they prepared to defend them. One general sentiment seemed to pervade o, 624 THE HISTORY c£Aj*.xvra all ranks of people, and finnly united them in a deliberate i?95. , determination to resist, to the last extremity, all attempts of the savage enemy of social order. Animated by loy- alty to their prince, love for their country, and veneration for its constitution, the militia voluntarily turned out, weekly, for the sake of acquiring a proficiency in martial exercises. To encourage and give energy to the popular spirit and ardour, the assembly, in the course of the pre- / sent session, passed two supplemental acts, to enforce more full and frequent meetings of the militia, and to make a sufficient provision of arms and military stores for their use. The extraordinary mortality among the British troops in the West Indies, induced the ministry to adopt the scheme of raising black regiments, who, being inured to the cli mate, were thought to be better adapted to the service than Europeans. Sir John Vaughan Avas accordingly au thorized to raise and embody two corps, of one thousand negroes each, by contribution among the colonies ; and Governor Ricketts Avas directed, by the Duke of Portland, to recommend the measure to the legislature of Barbadoes, and to request that they Avould grant, a proportionate num ber of able-bodied negro men for the purpose. But when June 25. the matter Avas brought before the assembly, on a message . from his excellency, the house resolved, on the motion of Sir John Gay Alleyne, that the requisition could not be complied with, at that juncture, without distressing the 5 OF BARBADOES. Q%5 planters in the management of their estates, depriving the CHAPXVllt' colony of a part of the means intended for its defence ; l795, and, in its consequences, endangering the salvation of the community, on the return of the slaves, after the service for which they were to be enlisted Avas at an end. But the scheme was not abandoned. The disastrous situation of affairs in the West Indies, demanded the most vigorous exertions for the preservation of the British dependencies in this hemisphere. For this purpose, and, at the same time, to deprive the enemy of their colonial resources, a more^poAverful armament was sent from England, under the command of Sir Ralph Aber- crombie and Admiral Christian, than had ever crossed the Atlantic before. On the expected arrival of this armament, the governor laid before the assembly an extract from the Nov. 2s. Duke of Portland's dispatches, demanding, that a body of negroes should be provided to act on duties of labour and fatigue Avith the troops1 destined for the attack of the French islands. This requisition Avas enforced by General Knox, in a letter to the governor, by an invincible chain of arguments. As the extent and objects of this arma ment were of the most important nature, and clearly evinced' his Majesty's paternal regard for his colonies in these seas, the governor was persuaded, he said, that every assistance, on their side, would readily be granted, and particularly, that the island of Barbadoes would maintain 4 l 626 THE HISTORY -«22£J2?J her ancient character of being foremost in the public im service. / The house having resolved itself into a committee for the purpose of taking the governor's message into considera tion, Sir John G. Alleyne, in a speech of considerable length, besides pressing the requisition on the house, as a return of gratitude to the Crown for its attention to the wants and weakness of the people -in the hour of natural and political distress, insisted that the true interests of the country enjoined their granting the required assistance; and, therefore, moved, that a number of negroes, not ex ceeding five hundred, should be raised, -to accompany the army as pioneers and labourers. On a point of this kind it would have been in vain to expect unanimity, especially as we find, that even the worthy baronet himself had changed his own opinion, on the same subject, in the short space of five months. The motion experienced a formida ble opposition from Doctor Hinds, and Avas Avarmly sup ported by the solicitor-general, who Avas not present on the former occasion. He commenced a loyal, patriotic speech with declaring, the concern, chagrin, and disappointment which he felt at the probable result of the question before the house. Upon all former occasions, the assembly, he said, had properly distinguished betAveen demands made to gratify the vanity or ambition of a minister, or commander in chief, and such as had been made for the real service of OF BARBADOES. 627 the public. With a laudable spirit, they had rejected the chap.xvu. one ; Avith becoming loyalty they had granted the other. 17y5- Similar requisitions had been made before, under circum stances which weakened the claim for colonial assistance, and yet had never been refused. The expedition, he re marked, Avas expressly undertaken for the protection of the colonies, to preserve them from the shocking cruelties and horrid massacres committed at Grenada and St. Vineent. We Avere now contending for our lives with a horde of sa vages. Should the island be taken, we should, probably, be put to the most cruel and barbarous death ; or reserved to suffer Avhat, to a feeling mind was worse than death, to fraternise Avith our slaA^es, and to see our Avives and daugh ters polluted by their foul embraces. Mr. Beckles admit ted the inconvenience which the planters must feel in part ing with any of their negro men during the crop season ; but ought they not, he asked, to submit to some inconve nience, to some expense for the general good, nay, for their own preservation ? Fortunate, indeed, Avas their happy lot, to sit in quiet and comfort Avith their families, enjoying the produce of their estates, Avhilst the ravages of war Avere spreading not only over distant but neighbouring countries. This splendid display of eloquent patriotism, served only to Teflect additional lustre on the character of the learned member by whom it was delivered. A demand of this kind, enforced by an act of legislature, Avas represented to be an 4 l 2 628 ¦ THE HISTORY c^^51, infringement of the civil rights of the people ; and the rrio- 1795' tion was negatived by a majority of three voices. It appears that the sentiments of the majority were not in unison with those of their constituents : the contingent of . negroes, denied by the assembly, Avas eagerly furnished by the voluntary contributions of individuals. The negroes, as they were sent in, were put under the care of Captain, T. Thornhill, assistant quarteE-master-generaf; a liberal hire Avas alloAved for them^ and security given by General tKnox, for the value of those who should be killed, disabled* or not returned to their owners. , Meanwhile, the negroes of the different islands, intended for pioneers, Avere collected and brought to Barbadoes, with: a number of emigrants, chiefly people of colour, from Guadaloupe, who had volunteered their services, and Avere retained as guides. An influx of people of dubious prin ciples and uncertain attachment, at a moment when there were no regular troops at hand to keep them in subjection, naturally awakened the attention of a vigilant administra tion to the means of preserving the internal tranquillity of the country. In such an emergency, his excellency Avas compelled to call for the, services of the militia; and, with a spirit and promptitude highly honourable, the royal re giment, without the smallest legal compulsion, obeyed the summons, and performed the duties of the garrison, at the Castle, and Constitution-hill, in the absence of the King's. troops. OF BARBADOES. 629 To relieve the militia from this new and irksome duty, charxvul in which the more remote regiments must have participated 1795- occasionally, the assembly, on the motion of the solicitor- general, unanimously resolved to embody three hundred men, for the service, for one month, Avith proper officers, to be paid at the public expense. Conformably to this reso- Dec 21. lution, a bill Avas introduced the next day, and having pas sed the house, Mr. R. J. Haynes alone dissenting, imme diately received the concurrence of the council and the as sent of the governor. Of this corps Mr. Beckles was ap pointed to the command, with the pay of six dollars a day; and until the number of men could be raised and embodied, the governor Avas authorized to call out such companies of militia as he should think proper, who were entitled to pay, as follows: each captain four dollars, the lieutenants fifteen shillings, the ensigns two dollars, the Serjeants one dollar,, and the privates five shillings each a day*. The act being near expiring, the governor convoked the 1796. assembly, to give them, as he said,, an opportunity of ex tending .the term of its existence; and, by Avay of encou ragement, informed them, that the expense already incur red for this service,, had fallen short of one-half the sum at Avhich it had been estimated. Mr. Mayers concluded a short speech, in Avhich he took due notice of the utility of * At this meeting the assembly passed an act for appropriating one thousand pounds of the Mole-head funds to the rebuilding of the old and new bridges.. 630 THE HISTORY c^^51' the act, with moving that it should be continued in f°rce 179<5, three Aveeks longer ; but the arrival of a small body of troops having rendered the aid of the militia unnecessary, the motion Avas rejected, on a division of eleven to four. The discontents excited by the numerous exemptions from military duty had been silenced by the hope, that, on the renewal of the militia-bill, the cause of complaint would May n. be removed. But on the passing of a new act, to .conti nue in force for three years, the clamours of the people were disregarded, and the same partial indulgences, were again extended to those by whom they had been formerly enjoyed. Incensed at this proceeding, the inhabitants of many parts of the island, discovered an uncommon spirit of insubordination, particularly in the parish of Saint Lucy ; where, almost Avith one accord, they peremptorily refused to appear under arms, and conform to a laAv, Avhich, it Avas contended, established an invidious distinction between the different classes of society. Besides denying the policy ' of relinquishing so considerable a portion of the physical strength of the country, the enemies of the bill insisted that the public safety was a common cause, to Avhich every man in the community Avas bound to contribute his personal and pecuniary aid ; and that, as freemen and loyal sub jects, they could not but feel, most sensibly, the palpable injustice of being obnoxious to a laborious personal service, when particular bodies of men, and those too Avhose rank and fortune were additional claims to the most spirited ex- OF BARBADOES. 631 ertions in its defence, were privileged from serving in the C^^5C" militia. m6' To appease the popular clamour, Mr. Hinds, the amiable and respectable member for Saint Peter's, introduced a bill AuS« 2- to amend the objectionable clauses of the militia law. The second reading of the bill Avas opposed by Mr. Mayers, not from any objection to its principle, but, on the ground of its being irregular and unparliamentary, to alter or amend an act during the session in Avhich it had been passed. The objection, hoAvever, Avas overruled, and the bill Avas agreed to by a majority of eleven to five ; but it Avas re jected by the council. Early the next year, a bill of a si- milar principle and tendency was introduced by Mr. Na- both Greaves, one of the neAV representatives of Saint Lucy's. Mr. Greaves explained the object of his bill in a very concise and judicious manner. As all Avere equally interested in the preservation of the country, he thought all, who were able, ought equally to participate in the fa tigue and danger of defending it. Among the exemptions claimed, that of the house of representatives, he said, Avas too evidently partial to escape the most superficial observa tion, and too Avell calculated to diffuse disti ,st among their constituents. A second, than Avhich nothing could be more repugnant to the dictates of reason and justice, Avas thatof gentlemen of extensive landed property, Avho sheltered themselves under the act as overseers. That those who had most to be protected should be exempted, whilst others* 5 632 THE HISTORY * c!J^^Lm;"wn'o had little or nothing to lose, Avere made liable to serve, m6' was, Mr. Greaves said, totally unfounded in reason, and" utterly incompatible with every principle of just and equal government. The bill Avas Avarmly opposed by Doctor Hinds, Avho defended the exemption with great ingenuity > and, on the question being put, it was rejected by a majority of eleven to two. Thus far the administration of Mr. Ricketts may justly be considered as the happiest and most brilliant era in the annals of Barbadoes, surpassing even the traditional felicity of the golden days of Lord Howe. Whilst the dogs of war Avere ravaging the most fertile territories, almost Avithin sight of their shores, and the demon of democracy, endeavouring to reduce the most polished societies to the rudest state of savage nature, was extending the miseries of suffering humanity, the inhabitants of this favoured island Avere enjoying all the blessings of peace. Under the auspices of a chief, who governed by their affections, all party feuds had subsided, every murmur was silenced, and the most perfect concord presided over the public councils. But the day Had now arrived when the clouds of distrust and discontent were to obscure the gilded scene, and de stroy that confidence between the people and their rulers, which has ever been found essential to public happiness. Joseph Denny, a free mulatto man, of a bold, turbu lent and daring temper, whose life had been more than once forfeited to the violated laws of his country, was in- 1 OF BARBADOES. 633 dieted, at the court of grand sessions, for the wilful murder C^^3L of John Stroud, a poor white man, of Speight's-town. Dec. 13. The deceased had lived Avith his mother, Avhose house and yard were divided from that of the prisoner by a fence so tall and thick as not to admit the passing of any person from one to the other. Having occasion to go into his mother's yard about tAvo o'clock in the morning of the thir teenth of September, Stroud observed Denny, Avrapped in his cloak, standing under an apple-tree in his own land ; and in the instant that he Avas returning into the house, Denny, at the distance of twenty-eight feet, fired a gun at him, and mortally Avounded him. He immediately fell, exclaiming, that Denny had killed him ; and the assassin, after putting away the gun, ran round the front of the house to his assistance, expressing great concern at the ac cident, declaring that he did not knoAV it Avas John Stroud, and that he did not mean it for him. No, replied the brother of the Avounded man, with Avhom Denny had pre viously had a quarrel, you intended it for me ; to which the other made no answer. After lingering six-and-thirty hours Stroud died, and Denny Avas indicted at the ensuing court of grand sessions for the murder, of Avhich the jury, after mature deliberation, found him guilty ; and sentence of death was pronounced against him by the Honourable Philip Gibbes, who presided as chief justice on the trial. The prisoner had every advantage of counsel which could have been desired upon such an occasion. His ad- 4 M 084 THE HISTORY cHA^xvm. vocates were Mr. Coulthurst, the present advocate-general ; 1796. an(j MTm Gibbes W. Jordan, to whose management the co lonial concerns at the court of London are now entrusted ; two men, whose learning and talents Avould adorn any bar. During the sessions, no idea of a reprieve was suggested; but the morning after the court was finally adjourned, these gentlemen, actuated, no doubt, by the,, purest motives of humanity, called upon the chief justice, and requested him to sanction a petition from the prisoner to the gover nor, to suspend the execution of the sentence, and recom mend him to the clemency of the Crown. Mr. Gibbes readily complied with their request. But, Avithout discern ment to discover the point where discretion should stop, he proceeded to lengths which drew on him the odium of the whole community. Not content Avith joining the pri soner's advocates in an application for mercy, he presented a long memorial to the governor, recapitulating the evi dence on the trial, and, besides stating, " as a laAvyer," that there was no legal proof of malice aforethought to convict the prisoner of murder, he asserted, that " Denny's being a man of colour, and, as such, having killed a white man, had raised such a prejudice against him in the minds of the jury, as was shewn in a manner too shameful not to be observed by every impartial person present at the trial." Yet the chief justice had taken no notice of this flagrant partiality at the proper time and place ; but, avithout even hinting the smallest disapprobation of the verdict, had - b OF BARBADOES 635 pronounced sentence of death on a fellow-creature, Avho CIJj£^vJtI* appeared, to him, to have been unjustly convicted by a prejudiced jury. In consequence of this application, and, perhaps, not perfectly satisfied Avith the chief justices representation, his excellency demanded the opinion of Denny's council in writing. They affirmed that there Avas no express malice proved, on the part of the prisoner, against the unfortu nate man, or against any other person, and that although there had been a dispute betAveen Denny and the brother of the deceased, they had been reconciled, and were -upon good terms at the time of the accident. They alledged in their client's defence, Avithout any evidence of the facts, that his land had been frequently robbed, that he had lost his corn and other articles, without his being able to detect the thief ; that being disturbed by the barking of his dog, on the fatal night when the murder was perpetrated, he had taken up his gun, and placed himself under a tree in ex pectation of discovering the person who had occasioned the disturbance ; when, perceiving a" man in the adjoining tenement, whom' he mistook for the thief, he fired and shot him. Without arraigning the verdict of the jury, Mr. Coulthurst and Mr. Jordan were both of opinion that the evidence was insufficient for the conviction of the prisoner ; and that he was, therefore, a proper object of mercy. But the mercy for which Mr. Jordan interceded was condi tional, and limited to the removal of the murderer from 4 m 2 636 ' THE HISTORY CH^^i/1' the country in which he had committed so great an ofi m6' fence.. Wavering and irresolute, as if conscious of being about to do wrong, the governor was anxious to shelter his fault under the authority of others. Hence he applied to the soli citor-general, Avho had conducted the prosecution on the part of the Crown. With characteristic candour and per spicuity, Mr. Beckles submitted to his excellency a report of the principal facts which had appeared in evidence, and which haA*e been already detailed. He vindicated the jury from the malign aspersions of the chief justice, and declared, that so far from manifesting a shameful prejudice against the prisoner, he had never seen a more respectable and impartial petty jury. In short, he was of opinion, that the prisoner had a fair trial. No question of laAv had arisen, but the whole rested upon evidence, on which the jury were competent tp determine; they had examined the witnesses with a minuteness and attention Avhich shewed an anxiety to discover the truth ; and, after an hour and a half spent in mature } deliberation, they had found him guilty. Though the verdict was not ag&inst evidence, Mr. Beckles concluded with saying, had he been upon the jury he should have had some doubt of the malice, and, hav ing the smallest doubt, he should have acquitted the pri soner. Without involving ourselves in an abstruse inquiry .concerning the degree of evidence sufficient to remove the scepticism of every temper and understanding, we OF BARBADOES. 657 must confess our surprise, that these doubts were not sug- c^^;1- gested to the jury by the learned Crown lawyer, who, as he himself avers, had summed up the evidence, in his re ply, Avith the impartiality of a judge rather than the zeal of a prosecutor. As this is an affair in which, from the events that sue- iw«- ceeded, the character of the country is deeply involved, I must be indulged in a few observations on the point at issue. " It is a general rule," says a great law writer, " that wherever a man, intending one felony happens to commit another, he is as guilty as if he had intended the felony which he actually commits." Now there was the strongest presumption that Denny intended to murder the brother of the unfortunate man Avho fell a victim to his mistaken re venge, But if any doubt could have been entertained on this point, there is another maxim of laAv which applied exactly to his case. " Whenever it appears," says Haw kins, " that a man killed another, it shall be intended, prima facie, that he did it maliciously, unless he can make out the contrary. No proof was produced by the prisoner to shew, that the homicide Avith Avhich he Avas charged, Avas not the result of deliberate malice : none but his own de claration, that he had gone in pursuit of a thief. But the criminal's ipse dixit, unsupported by any evidenccAvhatever, was insufficient to invalidate the testimony of unexcep tionable witnesses, strengthened by a train of corroborat ing circumstances. The malicious design was fairly pre- §38 THE HISTORY c^^3' sumable, from the circumstance of Denny's lying in wait, 17W' to watch, as he said, for a thief. But it was proved, that he had nothing growing on his land to be stolen. Admit ting, however, the truth of this plea, did his apprehension of thieves justify his shooting the first person he saw ? The unfortunate man who was separated from his tenement by an impassable hedge, consequently could have excited no sus picion of his intending to rob him; and was, besides, near enough to have been known, as is evident, by his recogni tion of Denny. There is another maxim laid down by Lord IJale, the great oracle of English jurisprudence, ex actly in point. " Malice implied is in several cases, as when one kills another voluntarily, without any provoca tion, for in this case the law presumes it to be malicious, and that he is a common enemy to mankind." Henee it would seem, that it is not necessary to prove malice pre pense in cases of Avanton, unprovoked murder. Among a variety of adjudged cases, that of Captain Porteous can not be forgotten. No previous malice was imputed to him when he ordered his guard to fire among the mob at Edinburgh, by which many Avere killed. The illegality of the act Avas sufficient for his condemnation. Regardless of the popular clamour, his excellency re prieved the prisoner, and transmitted his petition, Avith the representations which had been made in his favour, to the Duke of Portland, to be laid before his Majesty. Such an unprecedented interposition in behalf of a convicted OF BARBADOES. 639 felon, excited a considerable ferment in the country; nor charxvuu was this discontent confined to the lower classes of people, 1797, it pervaded every rank in society; neither Avas it OAving to any prejudice arising from local distinctions, but the result of a strict regard to impartial justice. The resentment en tertained on this occasion Avas aggravated by a suspicion, that the intercession employed in behalf of Denny Avas pro moted by the influence of certain coloured courtezans, Avho were known to be favourites Avith some men in poAver. Whether this suspicion Avere Avellor ill grounded, the author of this work presumes not to determine : it is his province to state that it existed, and that it made a sensible impres sion on the public mind. Unfortunately for the governor, unfortunately for Bar badoes, his excellency had brought with him from Tobago, a mulatto woman, Avho resided at Pilgrim, and enjoyed all the privileges of a Avife, except the honour of publicly presiding at his table. His excellency's extraordinary at tachment to this sly insidious female Avas the greatest blemish in his character, and cast a baleful shade over the lustre of his administration. The influence which she was known to possess, produced a< visible change in the manners of the free coloured people* Avho assumed a rank in the Graduated scale of colonial society, to which they had been. hitherto strangers; and which the impolicy of subsequent measures and. the immorality of the times have contributed to extend and confirm in a degree that cannot be content*- 640 THE HISTORY / A usiness Avith tern- ^" per, firmness, and moderation. After mature deliberation on all the circumstances relating to this extraordinary trans action, they came to several resolutions, of Avhich the prin cipal were, That the governor and his Majesty had been grossly abused by the misrepresentation of facts stated in the application for the pardon of Denny : That, as it was impossible, under the existing circumstances, to execute the sentence upon him, and as they were desirous of pay ing due obedience to his Majesty's orders, though obtained by misrepresentation, his excellency should be requested to transport him as speedily as possible to the island of Ruatan: That his excellency should be petitioned to re move Philip Gibbes, esquire, from his seat at the council board, and from all other public employments whatever for his false aspersions on the respectable jury by whom Denny had been tried and convicted, and for his misre presentation and mistatement of the facts Avhich appeared in evidence upon the trial. Agreeably to these resolutions, an application Avas made to the governor for the immediate transportation of Denny. In the most conciliatory terms his excellency replied, that, conscious of having in every instance, during his Avhole ad ministration, acted with zeal and sincerity for the public good, he was willing to give this additional mark of his de sire to promote good order and tranquillity ; and he hoped, 4 N 2 &4A THE HISTORY ^j^^f' ia- return,, that, the committee Avould exert their efforts, and? l797v in&uemce in calming the public mind, and restoring that harmony and good; humour Avhich it was the interest of all to- re-establish and perpetuate. Denny Avas accordingly sent to- Grenada, to be transported with the traiterous bri gands ©f that place to Ruatan. Another victim Avas yet necessary to appease the popular Resentment. A petition, subscribed by a great number of the inhabitants of all parts of the island,. Avas prepared; to be presented* to the house of assembly ; in Avhich they prayed that the house would take proper measures, to obtain. Mr. dxibbes's removal from the council board. But his- excel lency, who had now become anxious to comply with the wishes of the people, anticipated any application on the sub ject. He proposed to the council to suspend' Mr. Gibbes from, the exercise of his functions as, a member of that board. Of sks members Avho were present on the occasion,, tAvo de clined voting; the other four concurred in his excellency's proposal; Thus Mr. Gibbes, who was more culpable only as he Avas less cautious and less prudent than those with, wfeom he acted? was made the scape-goat to expiate the transgressions of all' who were concerned in this affair. He immediately went* to England-- and obtained a royal ordej for his restoration, grounded principally on the insufficiency. of the number of members' who hadi voted for his suspen sion; but he some time atftep resigned his mandamus* l*@r the sake ®# per&fkuity we have, without any regard: OF BAJtBADQES. 645 t$ chisonoiogical order,, brought together all the particulars c^^y* of an affair, which, at one moment, seemed likely to have produced the most fatal consequences; but which was: hap pily terminated by the prudence and good sense of the committee to Avhom its final arrangement. Avas entrusted. And we have been the more circumstantial in this detail,, from, an honest wish to vindicate the character of the coun try from any imputation on its loyalty and attachment to social order. Meanwhile,, om the meeting of the assembly, his excel- Jan. i?; lency sent a message to the house, informing them that Sir Ralph Abercrombie had been commanded by his Majesty to raise five regiments of black troops, consisting of five hundred men each, to be procured by purchase among the islands, and that these corps Avere to become a permanent branch of the military establishment for the defence of the ©elonies. The- general requested his excellency would re commend' this measure to the serious- consideration of the legislature, and expressed his hope of receiving their coun tenance and assistance in carrying it into effect. A proposition so dangerous- to the future security of the country, naturally called up the speaker of the assembly. His known loyalty to the crown would, he trusted, secure him from any imputation on the motives by Avhich he was actuated in opposing a measure which endangered the lives and fortunes of the inhabitants of the colonies , and even the rights of the crcwn to the sovereignty of these islands. . 646 THE HISTORY v chap. xvni. Highly as he appreciated the wisdom and rectitude of his" 1797. Majesty's ministers, he lamented that their comprehension of points that most essentially affected these distant parts* of the empire, Avas inadequate to the 'forming of a correct judgment on subjects connected with colonial' slavery. On these points, he said, the inhabitants weret themselves the best judges of Avhat belonged to their own safety and ad- vantage. Sir John Alleyne concluded these observations Avith moving several resolutions to this effect : That the rais ing of black troops for the defence of the colonies, as far as the design is likely to affect this island, will prove rather the means of its destruction than its preservation : That the only slaves likely to be sold for such a purpose Avere those of the worst characters, villains, habituated to plunder, who, Avhen formed into regular corps, and disciplined with arms in their hands, would be enabled the. more effectually to perpetrate every species of mischief to which they were na turally prone : That, should an enemy im'ade our shores, the arms of these black troops would be employed in mur dering their former OAvners, destroying their plantations, arid Avresting the dominion of the colony out of the hands of the British government ; That, should it be their good fortune to escape these evils, such an establishment Avould loosen the band's of that subordination which so happily subsisted, no* less to the ease and comfort of the negroes than. to the satisfaction of their masters, would spread universal discon-, tent among tijose who were retained in slavery; and dread; OF BARBADOES. 6J7 and distrust among the Avhite inhabitants of the country. CI^j™ These resolutions Avere unanimously agreed to by the house, 1?97, and a copy of them sent to the governor as an ansAver to his message. . NotAvithstanding this just representation of the evils with which this scheme is evidently pregnant, in Avhich all the other colonies concurred, government persisted in the .dangerous design, and has raised ten regiments of Africans by purchase. It requires but little political sagacity to perceive the danger and impolicy of employing troops of . this description in countries Avhere the population of Avhites bears so small a proportion to that of slaves. And Avithout : pretending, to the gift of prophecy, it may be hazarded, as no improbable conjecture, that, at no distant period of time, these faithless blacks, in conjunction Avith the national foe, or colonial traitors, will employ the arms, umvisely put into their hands, in murdering their officers ; subverting the poAver of Britain in this hemisphere ; and erecting, the sa vage despotism of Africa on the ruins of English liberty. The house was noAv doomed to sustain the privation of jane6;. those talents by Avhich it had long been illumined, and of that wisdom Avhich had often guided its deliberations. Worne doAvn by- the heavy hand of time and the increase of infirmities, Sir John Gay Alleyne Avas now compelled to quit the service of his country, whose rights he had vindicat ed with equal spirit and ability, and Avhose prosperity he had promoted for. nearly forty years Avith'the most disinterested :-648 ' THE' HISTORY . *J^v^vJIT- seal and integrity. Led by that hope Avhich never forsakes us 1797' till Ave die, Sir John Alleyne vainly sought in an Euro pean climate, a renovation of that health and vigour Avhich age alone had exhausted. Sir John Alleyne Avas not per mitted to carry into retirement with him any testimonies of public favour or gratitude. Even the poor unsubstantial tribute of a vote of thanks Avas withholdeu from the vene rable patriot, whose life had been spent in a series of meri torious exertions for the benefit of the happy spot Avhich gave him birth. In other men various passions alternately rule the soul and direct their actions; but one uniform prin ciple governed the Avhole of Sir John Alleyne's political conduct. The welfare of his country was the primary Avish of his heart; and, hoAvever mistaken he might sometimes have been as to the means of attaining his object, be ever steadily kept the end in vieAv. The sun, which decorated the horizon, Avas no sooner Avithdrawn, than the light and warmth Avhich it afforded Avere forgotten. No other notice was taken of the speaker's letter of resignation than to ap point a successor. On this occasion Mr. Joshua Gittens was unanimously called to the chair, which he continued to fill upvrards of six years. 179s. Although the assembly felt the necessity of rejecting the overture made by government for raising black troops, they soon gave more convincing proofs of their loyalty to their King and their readiness to contribute by every means in ¦their power to the defence of the empire. The obstinacy OF BARBADOES. 649 of the French, republic in refusing to listen txviu; terms of accommodation, convinced th© people that they, were '^8* con (lending Avith an implacable foe, not only for their civil and religious rights, but for the preservation of then? indepeadw anee as a nation. Under the expectation &£ invasion the na tional spirit had been roused to the most vigorous exertion; and the voluntary contributions raised in every part of the kingdom evinced1 the zeal with which the people were ani mated in defence of their King and constitution. The ge*. nerous flame spreasd across the Atlantic, and warmed the faithful bosoms ©#' the Barbadians. As a small, though sincere testimony of their attachment to the principles f©r which they were Contending, the assembly voted the sum May 15. of two thousand pounds towards enabling his Majesty to prosecute tbe just and necessary war in which he wasjen-» gaged. The voluntary contributions o£ individuals far ex-» eeeded the public munificence, Subscriptions were opened? in every parish, and upwards of thirteen thousand pounds sterling were collected and remitted to the Bank of England for the service of government. Having been informed by the governor of the deficiency juiy 3. of gunpowder in the magazine, the assembly passed a bill for appropriating one thousand pounds of the much-abused Mole-head funds to the purpose of procuring a sufficient supply of that necessary article. The facility Avith which several sums were voted during this administration, cannot fail to excite astonishment, when the decayed and ruinous 4 o 650 THE HISTORY t cHA^xvni. state of the fortifications at that time, is taken into con sider- l798, ation. Few of the forts contained a gun which could be fired without endangering the lives of the men upon d uty ; and, while an expensive establishment was maintained to its full extent, the assembly, with a strange inconsistency, refused to repair a few forts of acknowledged utility, and to supply them Avith cannon and ordnance stores. isoo. The happiness of the Barbadians now suffered a tempo rary interruption, from the afflicting hand of providence; in the removal of a governor, under whose mild, benignant administration, their colonial character had shone with pe culiar lustre ; and, they had attained an unexampled degree of prosperity amidst the ravages of war. On the twelfth day of February his excellency convoked the legislature, for the purpose of signifying to them his intention of leaving the island for the benefit of his health. To this necessity, he said, he was reduced by a long and obstinate illness, which rendered him unable to fulfil the duties of his station with that punctuality and attention, which Avere due to the best of sovereigns, for intrusting him with a command that would gratify proud ambition, and be esteemed a reward for merit and talents far superior to those Avhich he possess ed. This intelligence produced a deep sensation in the as sembly; and, as a mark of their gratitude and esteem, they unanimously voted him a donative of one thousand pounds to defray the expenses of his voyage. But, from the nature of the Royal instructions, prohibiting the representative of OF BARBADOES. 651 the crown from receiving any gift or present from any per- C^T^31- son or persons Avhatever, their intention could not take effect 1800' until his Majesty's pleasure Avas known.* Tavo days after this intimation had been given, his excel- Feb. h. lency, declining all military parade, privately embarked on board the Venerable, merchant ship, for Liverpool. The anguish of separation Avas soothed by every mark of respect ful attention to which he was entitled. The most affec tionate and consolatory addresses Avere presented to him by both branches of the legislature, the clergy, and all the inha bitants who could collectively express their sympathy and concern at the melancholy event. But of all the marks of distinction with Avhich he Avas honoured on this occasion, none was more singular and unprecedented, than that sug gested by the piety of his successor. For six weeks succes sively public prayers were offered up in every church and chapel throughout the island, for his excellency's speedy and perfect recovery. But the decrees of fate were not to be reversed by an act of devotion, probably more ostentatious than sincere. His excellency barely lived to reach Liver pool, where he died, on the eighth of April, fifteen days after his arrival. On the governor's departure, the administration once Feb. 24. more devolved on the Honourable William Bishop, presi- * The King readily confirmed the grant ; and, his excellency dying in the interim^ the assembly, by virtue of a new act, paid the money to the governor's executors. 4 0 2 652 THE HISTORY cha^xwh. £evft ^ the council. The early meeting of the legislature furnished his honour with an opportunity of addressing both houses in a speech remarkable only for the occasion on which it Avas delivered. Proud, he said, -of meeting them in the dignified situation which he then filled, he trusted they would, injustice to his feelings, believe, that he had reassumed it with regret on the departure ^>f their exeelAewt .governor. The objects material for their consideration, he remarked, had been so recently pointed out to them by bis excellency, that it was unnecessary for him to enlarge on them ; and it would spare the delicacy which had ever go verned his conduct, could he at that moment omit the sug gestion which had been always made to the representa tives of the people by persons in his situation, on their first meeting, respecting the provision for the support of government. In their resolution to assist him in maintain ing the splendour of his seat, he entreated they would have in view the interest of their country rather than his OAvn. He repeated the assurance, which he had given them on his former accession to the chair, that he had brought with him every sentiment of affection towards his native island ; and, aided by their counsels, it should be his earnest endeavour to carry with him from his command, Avhenever he should leave it, the same approbation of his King and country which it had been his happiness to obtain in his former administration. The settlement, to which the president had* so modestly 1 OF BARBADOES. 65$ ¦allraded in his speech, was move,d for by Dr. Hinds. He c^£v^1* felt encouraged, he said, to the motion which he was about 180D' to submit to their consideration, by the zeal which had ever been evinced by that house for the honour and pros perity of the 'country; and although the establishment which he intended tp propose Avas greater than that of former times, he flattered himself, that it would meet the wishes of- the house. The considerable decrease in the value of money was a circumstance which alone could justify an alteration in the customary establishment. There were other motives, however, which he was persuaded would influence their determination. The president was no new man. He was not known to that house merely as a member of council. They had already been happy under his government. Having been appointed early in life to a seat at the council board, he had ardently promoted the public Avelfare. United with the assembly, he had opposed the tyrannical measures of Governor Cunninghame, and, in -each succeeding administration, he had been distin guished by a firm attachment to his native land. During the whole progress of the war he had endeavoured to re lieve the pressing wants of the people, and to prevent im pending famine, by urging the occasional suspension of those commercial regulations which, though founded in the highest wisdom during peace, Avould starve the colony, and materially injure the empire, if rigidly enforced in the time of war. Doctor Hinds concluded with moving, as a grate- 654 THE HISTORY .CHAP. ¦x™}" ful tribute to approved merit, that the sum of three thou- .*> no0' sand pounds per annum be granted to the Honourabl Wil liam Bishop, during his presidency. The motion was supported by Mr. Cadogan, in a long encomiastic speech, in Avhich he took a Avider range, and employed a variety of arguments to shew, that a president, a native, possessing an essential and united interest in the public welfare and prosperity, is entitled to a provision for the support of his dignity, no less liberal than is usually made for a governor, a stranger, of Avhom they know little more than can be collected from the voice of flattery. This called up the neAV attorney-general, not with a view of opposing the motion, for that met his hearty approbation, and, indeed, Avere the salary to be proportioned to the president's merits, he thought, it ought to have been greater. He rose merely to oppose the doctrine advanced by the gentleman who_ had spoken last. Mr. Beckles then ex plained, with his usual clearness and ingenuity, the differ ent claims of a governor and a president, arising chiefly from local circumstances. He expressed, in the strongest terms, his dissent from tbe position attempted to be esta blished, that a president was entitled to the same settlement as a governor; but concluded with voting for the applica tion of the principle in the present instance. The motion having been agreed to without a single dissentient, a bill, to give effect to the resolution, was immediately passed, OF BARBADOES. 655 with equal unanimity, by the council,. a*nd assented to by CH<1!^I his honour on the same day. ' The uncommon liberality of the legislature seemed to render the president superior to all vulgar considerations of political economy. Disdaining the parsimony of Mr. Do tin's frugal administration, he encreased the expenses of his establishment in an exact ratio to the augmentation of his salary, particularly in the article of oil for the lamps at Pilgrim, Avhich Avere noAv replenished with a double quan tity. The office of chief judge of St. Michael's court hav ing become vacant by his exaltation to the chief magis tracy, the president bestoAved the appointment on his son, Henry Bishop, Esq. than whom no one had fairer preten sions to it. Such was the declining state of the colonial commerce and navigation at this period, that the tonnage duty was found insufficient to supply the demand for gunpowder for the use of the fortifications. This deficiency having been intimated to the assembly in a message from the president, June i, they took the subject into consideration, and, without in quiring into the application of the former grant, or ascer taining the necessity of a further supply, voted the sum of one thousand pounds, to be paid out of the Mole-head funds, for the purchase of powder to answer the public ex igencies : this continuing to exhaust the resources of an establishment of the most manifest public utility, whose 656 TBI HISTORY eHARxvKi. rUinous condition required the application of the money Avhich was diverted to purposes far less useful1. While- the- president was anxiously endeavouring to diffuse plenty among the people, by the admission of foreign sup plies, in neutral vessels, he was not inattentive to the meane of guarding thera from the imposition Avhich, fee imagined, were practised by the bakers of Bridge-town. The re duced size of the loaf of ba?ea>d appeared, to his watchful eye, to be an evil ©f such magnitude, not only to the in habitants of the metropolis, but to the community at October 28. hwge, as induced him tonaake it the subject of a message to the assembly, who very gravely replied, that they avouM embrace an early opportunity of taking it into considera tion. 38oi. They turned their attention, however, to a subject much more Avorthy of it. Being informed of the death of their late valuable agent, Mr; John Brathwaite, they appointed a committee to erect a monument to th© memory of that exalted man and faithful representative of the colony, and soon after passed an act to pay the expense of this tribute of their esteem out of the public coffers. This monument may be regarded as a reproach on the assembly for the neglect with which they have treated Sir John Gay Alleyae* Vfho died not long after*, and to whose meritorious services * On the 5th of December, 1801. OF BARBADOES. 657 Barbadoes was more indebted than to those of any other c^v^vjJI* man. But, though no sculptured marble speaks his coun- I801' try's gratitude, his virtues have embalmed his memory, and Avill transmit it to the admiration of succeeding gener rations. A new assembly having been summoned, the president Feb. ig. opened the session Avith a most gracious speech, in which he congratulated both houses on the favourable change of the Aveather which had recently taken place. And, although he was not able, he said, to announce to them any im mediate prospect of peace, he trusted in the goodness of the great all-Avise disposer of events, that this most desir able of all objects Avas not so far distant, as the distracted state of affairs in Europe might lead them to imagine. Having frequently witnessed hoAV far the Avisdom of the assembly had anticipated the suggestions Avhich were usually made from the chair, it Avas unnecessary for him to propose any particular subjects to their attention. He was, there fore, content to rely on their accustomed liberality to pro vide for the expenses of the current year. It was his mis fortune, he said, to be without any official information with regard to the appointment of a governor ; but, appre hending, from private communication, that a nomination had been made, it was his duty to request that they Avould be prepared for his reception. In retiring from his high situation, he hoped they would believe that the welfare of Barbadoes would be as much uppermost in his heart as 4 p 658 THE HISTORY c^n£L"1; when in the exercise of his fullest command ; and he ea gerly embraced that opportunity to return them his Avarm- est acknowledgments for the assistance and support which he had received from them individually and collectively, in conducting his Majesty's government. The addresses Avere, in the usual complimentary style, echoes of the speech, abounding Avith professions of re- March 26. gard. The day had noAy arrived when the president was to lay down the government Avhich he had twice adminis^ tered. The Right Hon. Francis Humberstone Mackenzie, Baron Seaforth, having been honoured Avith his Majesty's commands to take upon himself the government of Barbae does, arrived in Carlisle-bay, on the twenty-sixth day of March. Within a month after Lord SeaforWs accession, Mr. Bishop went to England, where be died shortly after his arrival. We shall now conclude this work Avith a compendium of the government. The constitution of Barbadoes is an humble imitation of that great fabric of human wisdom, the constitution of England. Here, as in the mother country, the poAver of establishing laAvs resides in three distinct orders, who col lectively compose the supreme legislature of the country. The constituent parts of this legislative body are theigo- vernor, who represents the CroAvn; a council, or upper- house, Avhose rank in the colonial system- corresponds with. that of the peers in Great Britain ; and a general assembly, OE BARBADOES.. 63$ whose functions are analogous to those of the English CH^^rr! house of. commons. The governor's legislative authority is entirely negatiAre. He may recommend proper subjects to the consideration of the assembly ; and without his concurrence no bill can pass into a law; nor can his assent sanction the existence of any laAv beyond three years, without its having received the royal confirmation. As the depositary of the execu tive power, the governors power is more positive and exten* sive. He is styled excellency, and his title is captain-ge» neral, governor and commander in chief, chancellor, ordi nary, and vice-admiral. The proATison for his maintenance is a salary of tAvo thousand pounds sterling, paid by the CroAvn out of the four and a half per eentage. Besides wliich, he is entitled to one-third of all seizures made by the custom-house within his government, for atiy violatioii of the laws of trade ; and on the colonial establishment he is generally allowed three thousand pounds a year to sup* port the dignity of his government. This settlement, Avhich is entirely op'tional Avith the assembly, must be made in the first session of the house after his arrival ; aftd, under Lord Seaforth's administration, has been encreased to four thou sand pounds. As captaifr-gerferal he is entitled to -appoint the officers of the. militia, and to remove ihem if he find occasion. He seldom exercises the right of appointment beyond the choice of the colonels, who generally claim the privilege * 4 r 2 660. THE HISTORY r' of nominating the lieutenant-colonels, majors and captains of their regiments ; and these again insist upon being al- loAved the choice of their subalterns. Lord Seaforth as serted his right to these appointments, allowing the officers commanding regiments only to recommend ; but their re commendation was invariably adopted. The appointment of the gunners and matrosses also is legally vested in the captain-general, but it is usually exercised by the colo nels of divisions, the governor only reserving to himself the patronage of Charles'-fort. The governor, Avith the consent of the council, has poAver to dissolve the general assembly, and to issue Avrits for a new election; and, with the concurrence of five members, to suspend any member of council; unless it be on some very extraordinary occasion, requiring secrecy; and then , his power is absolute. He is, however, bound, in either Case, to transmit his reasons to the King, before whom the suspended member is permitted to make his defence. Should there be at any time less than seven members of council resident on the island, the governor is allowed to appoint a suflkcient number, pro tempore, for the dispatch of business.* As chancellor, the governor has the custody of the great seal, and presides in the courts of error and equity. But, ... — _ — I... i i ni ,,, * The president possesses the same authority. OF BARBADOES. 66 L as the council are judges in both these courts, his excel- 'CU^^L ency only sits primus inter pares, his vote, or opinion, being of no greater consequence than that of any other member. In the capacity of ordinary he collates to all church livings, of which there are eleven Avithin the island. He takes probate of all testamentary writings; and, in case of litigation, esta blishes or annuls the Avill; and, in default of executors ap pointed by the testator, issues letters of administration, ac cording to the rules of law. The judges of the courts of civil and criminal judicature, and the justice of the peace can neither be appointed nor removed Avithout the concurrence of the council. A neAV commission of the peace is issued by each governor, as soon as possible after his arrival, composed of persons recommend ed by the council. The governor appoints the two masters in chancery, the escheator and solicitor-general, the coro ners of the several parishes, and* a captain of the ports. The attorney-general, the judge of the court of vice-ad miralty, the register in chancery, the clerk of the Crown, the secretary and clerk of the council, the prothonotary, provost-marshal, and naval officer, are appointed by pa tent; and, with the exception of the two first, are all ex ecuted by deputy, to the great injury of the colony. The casual receiver and auditor-general receive their commis-. sions from the Crown ; and the officers of the customs have their appointments from the lords of the treasury. Over each of these departments the governor possesses a 2 662 THE HISTORY chap.viii. paramount controul ; he suspends, at will, all those offi cers who have incurred his displeasure, and supplies, pro tempore, all vacancies occasioned by death or stispen- sion. The governor as vice-admiral, is entitled to the rights of jetsdm, flotsam, and ligan* ; and, in time of war, being himself previously authorized by the King, he issues his Avarrantto the judge of the court of vice^admiralty to grant commissions to privateers. In case of the death or absence of the governor, the pre sident of the council is directed by his M ajesty's instruc tions to administer the government. To maintain the dig nity of his station he is entitled to one-half the salary, and Other emoluments of office, allotted by the Crown for the support of its representative. But the inadequacy of this provision is amply compensated by the liberality of the legislature. It was formerly usual to allow the president half the governor's colonial salary ; but in later times the establishment has been increased to three thousand pounds. His power differs in very few particulars frdm that of the governor. He' cannot dissolve the assembly existing at the time he assumes the government. Neither can he remove, * JetsM, is Where goods fire castlMto the sea, and remain under water ; jtMi&irt, is where they contjntfe swimming ; ligm, is where they are sunk, but tied to a cork, or buoy. If no owner apjjsar, these articles belong to the governor, as vice-admi ral ; but the lawful owner is entitled to recover thepossession, on proving his right. OF BARBADOES 663 or suspend, any civil or military officer, without the con- CI^^Jn* sent of at least seven members of council; nor can he issue a new commisssion of the peace. In all other re spects his authority is co-equal, and co-extensive Avith the govern j/j. The council consists of twelve members, Avhose appoint ment is an act of the Crown, exercised on the recommen dation of the commander in chief. By the courtesy of the colonies they are styled honourable.' But holding their seats by the precarious tenure of the royal will and plea sure, and, in some measure, at the caprice of the governor, they are supposed not to possess that independence which is essential to an order of men whose rank, on the politi cal scale of the colonies is equivalent to the peerage of - England. Hence they do not, collectively, enjoy that de gree of popular favour and confidence which is the exclu sive privilege of the representatives of the people. As a distinct branch of the legislature, their concurrence is ne cessary in the passing of all laws. All bills unconnected Avith the raising of supplies, or the disposal of the public money, may originate Avith them. In their legislative ca pacity, the freedom of discussion is expressly granted to them by the royal instructions, but it is extremely circum- , scribed by the presence of the commander in chief; an absurd custom, Avhich seems to have originated in the in fancy of the colony, before the representative body was; 664 THE HISTORY «™ called into existence ; and Avhich is, indisputably, a radical defect in the colonial constitution. As a council of state they stand in the same relation to the governor as the privy council of Great Britain does to the king ; and are bound by the solemn obligation of an oath not to divulge any secret of government communi cated to them in that character. As privy counsellors they assist the governor Avith their advice, and are intended to be a check upon him, if he should attempt to exceed his commission and instructions ; a feeble check indeed, since it is easy for him, by virtue of his prerogative, to throw off the rein, and pursue the bent of his own inclinations. For, although, as has been Avell remarked by the elegant historian of the. West Indies, every governor is directed, by his instructions, to advise Avith his council 'bri most oc casions, he is competent to act in all cases, not only with out, but even against their concurrence. AnsAverable only to his Sovereign, his proceedings are legal and efficient to all intents and purposes within the colony. The house of assembly is composed of twenty-tAvo dele gates, ,or deputies, annually elected, twc> for each parish, by the body of the people. Of the qualifications of the candidates and the electors due notice has been taken in a former chapter bfi this work. On the expiration, or disso lution of the assembly, the governor immediately issues writs, directed to the senior counsellor in each parish, qr, in the absence of a member of council, to any substantial, OF BARBADOES. G6& freeholder, requiring him to summon the freeholders to CHAP meet, within fifteen days after notice being given at their parish church, and to make choice of two able and discreet persons of their own body to represent them in the general assembly. The person thus authorised to convene the freeholders, is the sheriff for the occasion, and makes a return of the writ, with a certificate of the election, to the governor, on his next sitting in council, when the represen tatives also meet, and take the state oaths in his excellency's. presence. Having performed this ceremony, which is also. repeated on the accession of every new commander in, chief* the assembly proceed to the choice of a speaker, Avhom they present for his excellene}^ approbation- If the choice is confirmed, the speaker, in due parliamentary form, de mands from the representative of the Crown, the usual privileges of the house. This done, they possess, within the colony, the same legislative authority Avhich belongs to the house of commons. All money bills must originate with them ; though, as we have had frequent occasion to. remark, they have often suffered this invaluable privilege to be encroached upon, by admitting the council to amend their bills of that description. They exercise the right of expelling any of their members Avho have been guilty of any heinous crime, and may grant leave of absence to any of them, not exceeding, four at a time, for the term of six months. In case of the death, or expulsion of a member* the house addresses the governor to issue a writ for the elec- 4 Q 4%& THE HISTORY ch^xvui. tion of a pe*son to supply the vacancy. They determine ail controverted elections, and can adjourn themselves from day to day; but no longer adjournments are valid bu sueh as .are made by tlje commander in chief; who has* power to* donvene fhem\#teneyer he' thinks proper. -¦• Besides the choice of their chaplain, clerk and marshal, i&e Assembly have successively assumed the appointment- -of an agent, treasurer, store-keeper of the magazine, comptroller of the excise, a guager of wine in each of the four toAvns, a. harbour-masleiyan inspector ofLweights audi measures, and tAvelve inspectors of cotton. To the office* of treasurer, store keeper and comptroller of the excise, the members of the assembly succeed in triennial rotation .and farm them at an annual rent, to the person by Avhon* they are executed ; who enters into recognizances before the commander in chief for the faithful performance of thear ¦duty. No money can be issued from the treasury, nor stores from the magazine, but in consequence of orders under the governors sign manual. Nor can the treasurer appropriate the pnbli© *n^aey~*o^aiiy use^whatever not expressly warranted by laAv, Four members of council, nominated by the commander in chief* and six of the assembly, chosen by the speaker ¦constitute a committee for the examination and settlement of the treasurer's accounts- and of all others relating to the public expenditure. A committee of correspondence con sisting of three counsellors and four assemblymen, are OF BARBADOES. £67 appointed to Correspond Avith the agent in England. . The c^!™* commissioners of fortifications are composed of the members of council, the members of the assembly and the field offi cers -of the militia resident < in each division. They possess extensiA-e powers, in ordering .^atever repairs tliey may deem necessary to the forts. Nine members of council «,nd twelve of the assembly compose the mole-head Com mittee. From the ruined state in which the pier has been suffered to remain for more than tAventy six years, with ample funds to commence its reparation, it would seem that the members of this boarcFhave forgotten fhat they have a duty to perform. ; The judicature of the island consists of five courts of common pleas, each composed of a chief judge and four assistants, appointed by the governor's commission under the great seal. They commence their sittings on the last Monday in January and continue them, by adjournments, every four weeks, until September. Appeals in all causes above ten pounds value may be had to the courts of error and equity ; ' and tfteircef -m «rery ; case of litigation exceeding five hundred pounds, an ulterior appeal lies to the king in council. The court of exchequer is held by a chief baron and four puisne barons, of Avhom, as in the other courts, three are competent to hear and determine all matters at issue. T-fee court of chancery, composed^ xts has been already observed, of the government and council, of whom five make a quorum, sits monthly, except 4Q 2 668 THE HISTORY OF BARBADOES. enA^xvin. on' ".particular*,^ occasions Avhich require greater dispatch, or ?will admit of longer delay. A court of grand sessions of oyer and terminer, general gaol delivery, -and general sessions of the peace, is held i^icera year. It is formed ^by,, a chief justice; .appointed by the governor and council, assisted by at least five jusr ^ticda of the peace. The chief justice is generally a meriv ber of the council, or a judge of one of the courts of comr- mon pleas. Six freeholders from each parish are sunx- .iponed to attend the court by virtue of thejgoyei'rior,s ..wriV directed toTtheseniOrTnember of council in each pa rish ; or, in his absence, to any justice of the peace ; or should there be no such magistrate in the parish, to any substantial freeholder. From among the persons thus" in differently chosen, the grand inq.uest and petty juries are selected. This court may continue its session for four days, and possesses a plenitude of power, in all criminal cases, affecting even the life of the offender. In all inferior voffences the governor may remit the punishment imposed^ *by'the court; .and, even in capitab cases*- such "as murder andtreason, he may reprieve the convict until the king's -pleasure is^kno wn . FINIS. J. G. Bernard, Printer, Sno^-Hill, YALE UNIVERSITY a39002 002685031b ¦JjUfc/ / '«¦**> El S^^ em «rr:- ^*<"" "^ *<*? i«-- ' ' '" /*)? "." •*! F^-^Ltl