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THE PETITION
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OF
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WILLIAM BURGE, ESQ.,
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THE AGENT FOR THE ISLAND OF JAMAICA,
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TO THE
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HOUSE OF COMMONs,
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PRINCIPLE, PREAMBLE, AND PROVISIONS
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OF THE
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INTITUIAED
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“AN ACT To MAKE TEMPORARY PROVISION FOR THE
GOVERNMENT OF JAMAICA,”

LONDON :
PRINTED BY RAYNER AND HODGES,
109, Fetter Lane, Fleet Street.
s
:
22.2, a 6-64.4
$4tº). |
PETITION.
To THE HONORABLE THE COMMONS
of the United Kingdom of Great Britain and
Ireland, in Parliament Assembled.
The HUMBLE PETITION of WILLIAM BURGE,
Esq. the AGENT for the ISLAND of JAMAICA,
HUMBLY SHEWETH,
THAT your Petitioner is the Agent in the United
Kingdom for the Island of Jamaica, having been ap-
pointed in the year 1830 under the authority of an
act of the Governor, Council, and Assembly of the -
Island passed on the 10th day of December, 1830,
and having since continued in that appointment under
similar acts of the Governor, Council, and Assembly
subsequently passed.
That the Legislature of Jamaica under the consti-
tution of that Colony consists of three branches; a
Governor representing the Sovereign of Great Britain,
by whom he is appointed, and at whose pleasure he is
removable, a Council not exceeding twelve in num-
ber, nominated by the Crown or the Governor, hold-
ing their ºffices during the pleasure of the Crown and
sº B 2 3.
4
subject to be suspended by the Governor acting
as a Privy Council and also legislatively, and the
House of Assembly, consisting of forty-five members
chosen by the freeholders of the respective parishes
or districts which they represent. f
The assent of these three branches is necessary
in the passing of all laws, but when that assent is
given, those laws immediately become and continue
in force, unless they are disallowed by Her Ma-
jesty, such disallowance being signified by Her Ma-
jesty's Sign Manual, or by order of Her Majesty in
Council.
That when Jamaica became part of the British
Empire, its population consisted, not of conquered
inhabitants, (for the comparatively few Spaniards occu-
pying certain parts of the Island had been driven from
thence) but of English subjects, who had either arrived
with General Penn and Admiral Venables, or had re-
sorted thither and settled not only with the permission,
but by the encouragement of the Sovereign authority.
That by law the original settlers carried with them
to the Colony all their rights, privileges, franchises,
and immunities as Englishmen. Of these, the Sove-
reign authority could not deprive them, and the title
of the original settlers of the Colony to those rights,
privileges, franchises, and immunities was expressly
recognized and guaranteed by the Proclamation of
Charles II., which for the purpose of “encouraging
“His Majesty's subjects, as well such as were already.
“upon the said Island, as all others that should trans-
“ port themselves thither, and reside and plant there,”
contains the following declaration. “And we do fur-
5
“ ther publish and declare that all the children of
“natural born subjects of England to be born in
“Jamaica, shall from their respective births be re-
“puted to be and shall be free denizens of England,
“ and shall have the same privileges to all intents
“ and purposes as our freeborn subjects of England,
“ and that all free persons shall have liberty without
“interruption to transport themselves and their fami-
“ lies and their goods from any of our dominions and
“ territories to the Island of Jamaica, &c.”
Contemporaneously with this Proclamation, Lord
Windsor, who was appointed the Governor of the
Colony, was directed to constitute a Council and con-
vene Assemblies, and at this period a civil government
was established similar in its form and character to
that which now exists.
That in 1677, the ministry of Charles II, attempted
to subvert the constitution by depriving the people of
Jamaica of any power of deliberation on the laws
which they were required to pass. The Board of
Trade, by their report of February, 1677-8, recom-
mended that “a body of laws should be sent out and
“offered to the Assembly for their consent, so that the
“same method in legislative matters might be made
“use of in Jamaica, as in Ireland, according to the
“form prescribed by Poyning's law.” This recom-
mendation was adopted by the Privy Council, with an
additional provision that “in case of invasion, rebel-
“lion, or other very urgent necessity, the Governor
“might have power, with the consent of the Assembly,
“to pass acts for raising money to answer the occa-
“sions arising by such urgent necessities.”
6
On the 19th July, 1678, Lord Carlisle arrived in
Jamaica with a commission and instructions prepared
by the Board of Trade for the purpose of carrying
into effect this new plan of government. The As-
sembly met in September following, and one by one
the laws presented to them were rejected. The As-
sembly firmly resisted this attack on their liberties.
Judges of the Colony were dismissed ; members of
the Council were expelled, and Mr. Long, who was
the Chief Justice and Speaker of the Assembly was
carried as prisoner to England by Lord Carlisle in
1680.
The rights of the inhabitants of Jamaica were not,
however, abandoned to the decision of the ministry,
but were referred by the King to the Council at which
Lord Chief Justice North attended. Mr. Long and
other gentlemen of the Colony were heard. The pro-
jected scheme of governing the Colony was aban-
doned. A new or supplementary commission was on
the 3rd of November, 1680, granted to Lord Carlisle
whereby he was directed from time to time, as need
should require, to call general assemblies in manner
and form as was then practised in Jamaica, and recog-
nizing their power with the advice and consent of the
Governor and Council, “to make, constitute, and
“ordain laws, statutes, and ordinances for the public
“peace, welfare, and good government of the Island,
“ and of the people and inhabitants thereof which
“were to be (as near as conveniently might be)
“agreeable to the laws and statutes of England,”
with a proviso “that such laws should be transmitted
“immediately, under the public seal for His Majesty's
7
“ allowance and approbation, and that they should be
“void on His Majesty's disallowance being signified
“under the Sign Manual or by an order of the Privy
“Council.”
That thus the right of the Assembly to originate,
discuss, settle, and pass without suspending clauses,
all laws required by the exigencies of the Colony was
solemnly recognized—His Majesty reserving only the
acknowledged prerogative of rejecting them when
presented for his approbation, and the constitution of
the Colony, as settled on the arrival of Lord Windsor
was confirmed. Sir Thomas Lynch was for the satis-
faction of the Colony appointed the Governor in the
room of Lord Carlisle.
The arbitrary measures of the Ministry of Charles
II., were adopted with the design of extorting from
the Assembly of Jamaica a permanent revenue similar
to the four and a half per cent. duties which had
been obtained from the Colony of Barbadoes. Al-
though these measures were abandoned, and the As-
sembly restored to the full enjoyment of its free
powers of deliberation, yet the same design continued
to be entertained, not only by the Ministers of Charles
II., but by their successors for several years.
In order to accomplish this design, they advised
the Crown to withhold its assent to every act of the
Colonial Legislature, and even to any act adopting
and declaring in force those laws of England which
being adapted to the Colony had been therefore re-
ceived and acted on. -
The manner in which the four and a half per cent.
duties had been obtained from Barbadoes, and the
8
purposes to which those duties had been applied, con-
firmed the Assembly in its resolution not to depart
from the usage of granting their supplies only from
year to year, unless they could obtain a security that
any revenue granted permanently should be applied
to no other purposes than those of the Government of
the Colony.
The Crown was advised to refuse the revenue on
these terms, and the Assembly refused to grant it on
any other.
This contest was continued for nearly forty years.
In nine years there had been fifteen sessions and
eight dissolutions, and in one of those years, twelve
prorogations and three dissolutions.—It was at length
terminated in 1728, by an act passed in that year,
the Crown not only giving up the quit-rents to the
use of the Island, but accepting a revenue which the
Assembly in the very act by which they granted it
expressly appropriated to the public service of the
Colony, and even designated the branches of that ser-
vice to which it was destined. By the same act it was
declared, “That all the acts and laws of the Island,
“which determined and expired on the 1st day of
“October, 1724, and not thereby, or by any former
“act of the Governor, Council, and Assembly then in
“force, altered or repealed should be and were there-
“ by revived and declared to be perpetual. And
“also, all such laws and statutes of England as have
“ been at any time esteemed, introduced, used, ac-
“cepted, or received as laws in the Island, should
“ and were thereby declared to be and continue laws
“ of His Majesty's Island of Jamaica for ever.” Thus
9
the Assembly was confirmed in the sole and exclusive
right which they had claimed as contemporaneous
with the establishment of the civil government of the
Colony, of giving and granting all aids and supplies to
His Majesty, and of directing, limiting, and appoint-
ing in the bills for raising the same, the ends, pur-
poses, considerations, conditions, limitations, and qua-
lifications of such grants.
That Jamaica enjoyed uninterruptedly its free con-
stitution. It was menaced and its security was en-
dangered by those unhappy measures which termi-
nated in the dismemberment of a large portion of the
Colonial possessions of Great Britain; but the confi-
dence of the Colonies was restored by that act of the
Imperial Parliament of 1778, which pledged to them
the faith of the Nation and of Parliament, that they
should be subject to no burthen which was not im-
posed on them by their own representatives, the
statute of the 18 Geo. 3, c. 12, declaring and enacting,
“That the King and Parliament of Great Britain will
“not impose any duty, tax, or assessment whatever,
“payable in any of His Majesty's Colonies, Provinces,
“ and Plantations in North America or the West
“Indies, except only such duties as it might be ex-
“ pedient to impose for the regulation of commerce,
“ the net produce of such duties to be always paid
“and applied to and for the use of the Colony.”
The special grounds on which the legislation of the
Imperial Parliament proceeded when it passed the
Act for the Abolition of Slavery, and the two subse-
quent acts in aid of that act, in themselves furnish a
recognition of the right of internal legislation which
Jamaica has always possessed.
10
That your Petitioner has heard that a Bill is now
pending in your Honourable House, by which it is
proposed to make it unnecessary to summon the
House of Assembly for the dispatch of business for
five years, and transfer the executive and legislative
Government of the Island to the Governor and a
Council, to consist amongst others of three stipendiary
Councillors from England.
That such Bill, if it were allowed to pass into a law,
would deprive the inhabitants of Jamaica of that
constitution, to which the first settlers of the Colony
were of right as British subjects entitled, which was
solemnly guaranteed to them, and which they and
their descendants have continued to enjoy. More
especially it would deprive them of that part of the
constitution which by means of an Assembly gives
to them a share in the power of making laws for their
internal Government, affecting their property, liberty,
and lives; and above all, it would deprive them of that
protection against the imposition of any pecuniary
burthen, duty, tax, subsidy or penalty to which they
have not by themselves, or their representatives given
their consent.
That it has never been intimated to the people of
Jamaica that this heavy punishment was to be inflicted
on them, and if this Bill should pass into a law,
punishment of the severest kind will be inflicted upon
them, without trial, before they have the means of even
hearing of the accusation, and still less of repelling it.
That it is not denied that there are subjects, and
that there may be particular occasions of extreme
necessity, when from the relation of the Colony to the
11
parent state, the interposition of the Imperial Parlia-
ment may take place without any derogation from the
rights enjoyed under the constitution of the Colony.
But it is confidently alleged, that no such ground
exists to justify the introduction of the proposed Bill.
That it is alleged in the preamble of the proposed
Bill, as the ground for the suspension of the functions
of the House of Assembly. That “the House of
“General Assembly having been summoned to meet
“on the 17th of December 1838, and having met in
“pursuance of such summons, did then resolve that
“unless certain conditions should be complied with,
“to which it is not expedient that Parliament should
“accede, they would abstain from the exercise of any
“legislative functions, excepting such as might be
“necessary to preserve inviolate the faith of the
“Island with the public creditors.”
That the resolution referred to in the proposed Bill,
and therein stated to have been passed by the House
of Assembly on the 17th day of December, 1838, was
passed on the 31st of October preceding, the Governor
having opened the General Assembly on the 30th day
of that month.
That the Governor prorogued the Assembly on the
2d day of November until the 3d, and on that day, the
Assembly met, and confirmed the said resolution, and
on the same day the Governor in order to appeal to
the constituency dissolved the Assembly. Writs were
accordingly issued for a new election which took place,
and on the 18th day of December the new Assembly
met, and on the 20th, again confirmed the former
resolution by a greater majority than before ; and the
|2
Governor on the said 20th day of December, prorogued
the Assembly to the 5th of February, and has ever
since that time kept the Assembly in a state of
prorogation.
That the House of Assembly considered, and by one
of its resolutions declared, “That the act, of the
“Imperial Parliament ‘for the better government of
“prisons in the West Indies,’ is a violation of their
“inherent rights as British subjects, as recognized by
“ the Constitution of the Island of Jamaica, and by
“ the Act of Parliament 18 Geo III. c. 12.”
That the House of Assembly further resolved—
“That the violation of their rights by the Parliament
“ of Great Britain in which they are not represented,
“ is the less excusable, inasmuch as the House was
“prepared to enter into the consideration of prison
“discipline, as soon as the report of her Majesty's
“Commissioner was officially before them.”
That the House of Assembly further resolved—
“That the House had witnessed with the deepest
“regret the unmerited censures passed upon the
“ inhabitants of this Island, the extent to which the
“public mind of Great Britain had been poisoned
“ against them, the absence of all confidence in the
“Legislature, the reckless manner in which the laws
“passed by it had been disallowed, and the system of
“Legislation for the Colonies which had been
“ determined on, whereby the power of the House
“had been fettered, and that body had ceased to
“exist for any purpose useful to the people whom
“they represent.”
That the House of Assembly further resolved—
13
º “That in the opinion of the House they would best
“consult their own honour, the rights of their con-
“stituents and the peace and well being of the
“Colony, by abstaining from the exercise of any
“Legislative function, excepting such as may be
“necessary to preserve inviolate the faith of the
“Island with the public creditor, until her most
“gracious Majesty's pleasure shall be made known,
“whether her subjects of Jamaica, now happily all in
“a state of freedom, were thenceforth to be treated as
“subjects, with the power of making laws, as hitherto,
“for their own government, or whether they were to
“be treated as a conquered Colony, and governed by
“Parliamentary Legislation, Orders in Council, or, as
“in the case of the late amended Abolition Act, by
“investing the Governor of the Island with the
“arbitrary power of issuing proclamations having the
“ force of law over the lives and properties of the
“ people.”
That her Majesty's Government was made ac-
quainted on the 10th day of December last, with the
said resolutions of the House of Assembly.
That your Petitioner thereupon in conferences with
Wiscount Melbourne and Lord Glenelg claimed, as the
Agent of Jamaica, to be informed of any measure
which in consequence of those resolutions it was in the
contemplation of her Majesty's Government to adopt,
and to be afforded the opportunity of being heard by
their Lordships upon the subject before any final
decision was made thereon. w
That your Petitioner received a promise that such
14
informatiou should be given, and such opportunity
afforded to him.
That notwithstanding this promise, which was
repeated to your Petitioner, and of which promise the
present Secretary for the Colonies was apprized by
your Petitioner, yet your Petitioner received no
previous information of the measure contemplated by
this Bill, and was afforded by her Majesty's Govern-
ment no opportunity of being heard upon it. Nor was
it until the 18th of March, the day preceding that on
which notice was given in this Honourable House of
a motion for leave to bring in this Bill, that your
Petitioner received any intimation whatever of such
IſleaSUIT6.
That your Petitioner was not even afforded the
opportunity of communicating this intimation to his
constituents in Jamaica by the packet which sails on
the 15th, as well as on the first day of every month,
the intimation being withheld from him until the packet
had sailed.
That it cannot be alleged that any such measure as
the Act of the Imperial Parliament for the regulation
of prisons, was required in consequence of any refusal
or disinclination on the part of the Assembly of
Jamaica to entertain and pass such legislative
measures for the regulation of prisons, and prison
discipline as are contemplated by the said act; for your
Petitioner sheweth, that such communications as have
been from time to time made to the Assembly by the
Governor of the Island, in relation to prisons and
prison discipline, have received the deliberate attention
of the House, and measures have been originated by
15
the House of Assembly, and subsequeutly passed into
Laws, with the concurrence and approbation of the
Governor, as will appear from the following extracts
from the votes of the House of Assembly.
In consequence of a message sent by the Earl of
Belmore (the then Governor of the Island,) on the
12th November 1829, a bill was introduced into the
House of Assembly, and passed into a law, intituled,
“An Act for the better regulation of Jails and Prisons,
“ and for preserving good Order therein.”
On the 7th December, 1832, in answer to a message
of the Marquis of Normanby, (the then Governor), of the
16th November, the House of Assembly stated that
they had taken into consideration His Excellency’s
suggestions respecting the classification of the persons
in the Surrey jail, and assured his Excellency “that
“anxiously impressed with a desire to improve the
“system of prison discipline throughout the Island,
“ they would, at all times, be ready to give their
“most favourable consideration to any measure cal-
“culated to promote an object of such vital import
“to the well being of society.”
The Session was terminated on the 14th December.
The succeeding Session of the year 1833, was
entirely devoted to the enactment of the details re-
quired by the act of the Imperial Parliament for the
abolition of slavery; and the Governor, on proroguing
the House, expressed his great satisfaction with its
proceedings.
The Marquis of Sligo, on the 3rd June 1834, in
his speech on opening the Session, said to the Assembly,
“The approaching important change in the state of
16
“the labouring population will require, not only the
“enactment of new laws, but the careful revision of
“ those at present in force in Jamaica. Your ex-
“ perience and local knowledge relieve me from the
“task of pointing out to you those which require
“modification. The workhouse laws call for changes
“to suit them to the approaching times, and more
“ particularly do I wish to direct your attention to
“the insecurity of the jails and the very defective
“state of prison discipline universally prevalent in
“ the Island.”
To this suggestion, the Assembly, on 6th of June,
gave the following answer: “Our attention shall also
“ be directed to the insecure state of the gaols, to the
“means of raising a police force, and to the providing
“ places for the safe holding of persons undergoing that
“temporary confinement, which under the new act, is
“likely to be resorted to as a mode of punishment.”
The Assembly immediately proceeded to redeem this
pledge. A bill was introduced and passed into a law,
(5 Wm. 4, c. 8), intituled, “An Act for making further
“Provision for the Building, Repairing, and Regulating
“of Jails, Houses of Correction, Hospitals, and Asy-
lums,” and received the Governor's assent on the 4th
July, 1834.
On the 7th October the Assembly again met: In
the speech with which the Governor opened the
Session, he describes the above act as “one of the
“most beneficial acts of the last session, but expressed
“his regret that it had remained unnoticed in more
“ than one instance,” alluding to the Bill, the es-
tablishment of places of confinement with treadmills
17
“in each parish, the want of which salutary mode of
“punishment, he stated, had been felt most seriously
“since the 1st of August, and had compelled the ma-
“gistrates to have recourse to others which are far
“from being advisable or efficient.”
On the 10th of October, in reply to this suggestion,
the Assemby in their Address to the Governor, gave
the following answer: “The Act of the last Session
“authorising the establishment of places of confine-
“ment with treadmills, is one which we feel satisfied
“will prove beneficial, and the House are convinced
“ that to the pressure of the times, and to the short
“ period that has elapsed since the passing of the Act,
“is to be attributed the delay which may have taken
“ place in some of the parishes in carrying some of its
“provisions into effect.” On the same day, the Gover-
nor, in his reply to the Address of the Assembly, says,
“With regard to the erection of places of confine-
ment with treadmills, I have merely to say, you have
in your in wisdom deemed that they were necessary,
in which I fully concur. That the expence may be
inconvenient to some of the parishes, I feel with much
regret. The motive which induces me to press the
matter on you, is the consideration that more injury
will be done to the essential interests of the parish by
the want of this salutary, and I may add, necessary
mode for enforcing labour and maintenance of good
order, than by the expences of their erection.” In
order to give effect to this recommendation of the
Governor, a Bill was introduced into the Assembly,
and passed into a law, intituled, “An Act for grant-
ing aid from the Public Funds in erecting, enlarging,
C
I 8
and repairing Houses of Correction and Treadmills,”
(5 Wm. IV. c. 21). Under this Act, the sum of
42,000l. was raised, which, together with the amount
raised by parochial taxation formed a very consider-
able sum for the erection and improvement of prisons.
In the same session, another Act was passed in aid
of the preceding Act. f
On the 17th November, 1835, the Governor sent
down to the House a message relative to the discipline
of the gaols, and suggested to the House the necessity of
some further legislative interference for the regulation
of the gaols. This message was referred to a select
committee, and on the 9th December, they made a
report, recommending that a Bill should be brought
in to amend the preceding Act.
On the 18th December, the usual adjournment
took place before any progress had been made in this
Bill. On the 26th January, 1836, the House re-
assembled, pursuant to its adjournment, and on that
day the Governor sent down to the House the follow-
ing message : “I am commanded by his Excellency
the Governor, to bring down to the House the accom-
panying copy of a despatch which has been received
from the Colonial Office, together with a copy of an
Act of the Imperial Parliament for effecting greater
uniformity of practice in the government of the several
prisons in England and Wales, and for appointing
inspectors of prisons in Great Britain, and three
reports of the Committee of the House of Lords, ap-
pointed to inquire into the state of the several gaols
and houses of correction. The object of his Excellency
in making this communication, is to enable the House,
19
if they see fit, to adopt such general regulations
regarding prison discipline, as can be advantageously
introduced according to the local circumstances of this
Colony, founded upon a portion of the suggestions and
recommendations in these reports, which may be found
applicable, and tending to improve the present rules so
as to secure uniformity of treatment; and his Excellency
strongly recommends the subject to the consideration
of the Legislature. His Excellency, immediately on
the receipt of Lord Glenelg's despatch, caused the
several questions upon which information is requested,
to be submitted to the custodes of the several parishes.
As soon as the replies are received, the result will be
transmitted to England; and should it appear to his
Excellency, that such documents will afford facility to
the House in their deliberation on this subject, they
will forthwith be laid before the Assembly. The
copy of Lord Glenelg's despatch of the 18th November
1835, and the Act of the Imperial Parliament, (5 and
6 Wm. IV. c. 38,) accompanied this message.
On the 3rd February, the Assembly was prorogued
in consequence of the Governor having committed a
breach of the privileges of the House. No further
progress could take place. On the 24th May, the
Assemby met, when the Governor, having received
instructions from the Government, made that which
the House deemed a reparation for the breach of pri-
vilege which he had committed. The Governor did
not during that Session bring the general subject of
prisons under the consideration of the House. The
infliction of corporal punishment on females in the
houses of correction, was made the subject of a mes-
C 2
20
sage to the House on the 9th of June, . It was referred
to a committee, by whom a report was made, which,
after examining the cases, concluded with the follow-
ing observations. “Your committee would only fur-
ther remark, that it is the province of the officers of the
Crown to enforce the due administration of the law,
and that as the law is amply sufficient, as to the occur-
rence of any abuses, such as are alleged to have taken
place in some of the houses of correction, the blame
must rest solely with those officers of the Crown whose
peculiar duty it is to see that the laws are carried into
effect.”
On the 21st February, 1837, in the first session
held by Sir Lionel Smith, a message was sent by him
to the House, inviting their consideration to those
clauses of the laws regulating gaols and houses of
correction, which gave to the supervisors and subor-
dinate officers the power to inflict punishment in cer-
tain cases.
On the 2nd March, the Assembly sent the following
answer to that message. “If the House were at all
“cognizant of the existence of abuses in the gaols and
“houses of correction which required legislative inter-
“ference, they would most readily go into a revision
“ of the laws which regulate those establishments,
“but without such facts before them, impressed as
“ they are with the belief that the Marquis of Sligo
“was much misled, that the representations put for-
“ward by him of workhouse punishments were greatly
“exaggerated, and that the existing laws, if duly
“ enforced, and fairly acted upon, are sufficient to
“prevent abuses, the House deem it unnecessary to
21
“ deal with the subject at present, particularly as the
“Session is so near a close. The House beg to assure
“his Excellency, that if any abuses in the gaols or
“houses of correction of a character requiring legis-
“lative interposition shall come to his Excellency's
“knowledge, the House at their next meeting will be
“ready, on having the facts laid before them, to
“apply the necessary remedy.”
On the 4th March, 1837, the Assembly was pro-
rogued. The Governor, on this occasion, says, “I
“acknowledge with great pleasure the ready attention
“you have bestowed on all my communications. In
“bearing my testimony to the zeal with which you
“have applied yourselves to the public business, I
“cannot omit expressing the gratification I have
“experienced at the good understanding which has
“ been apparent in all your proceedings during a
“Session of unusual duration.”
In October 1837, the House assembled at the usual
period of its meeting, and on the 27th of that month,
the Governor sent down to the House the following
message, viz. “I have his Excellency's commands
“to lay before this Honourable House the accompany-
“ing despatch, communicating the views of her Ma-
“jesty's Government, respecting the introduction into
“this Island of an improved system of prison discip-
“ line. Returns connected with this subject have
“ been called for from the different parishes, which,
“ when prepared and condensed, will be duly sub-
“mitted to the House.” The following is the con-
cluding passage of the above despatch of Lord Glenelg,
of the 31st of May, 1837. “The present Act will
22
expire in the year 1840, and at that period, if not be-
fore, it would devolve upon you to give your most serious
consideration to the improvements which may be intro-
duced into it.”
That it seems admitted by these documents that
preliminary investigation and previous mature consid-
eration were necessary, before any general legislative
measure could be satisfactorily effected. On the 28th
November, 1837, the Governor submitted to the
consideration of the House, certain regulations for
treadmill punishments; and on the 29th of that month,
these regulations, together with the Governor's pre-
vious message, were referred to a select committee,
consisting of Mr. Jordon and others.
The House, according to its usual practice, adjourned
a week before Christmas for the holidays,
In the latter end of November, before the adjourn-
ment of the House, Captain Pringle, who was ap-
pointed as commissioner by her Majesty's Govern-
ment for the inspection of gaols and prisons in the
West Indies arrived in Jamaica.
That as the object of this commission must have
been not only to obtain a knowledge of the actual
condition of the gaols in Jamaica, but to lead to the
suggestion of such measures as might be necessary to
remedy any defects in them, and of such rules and regu-
lations as might be deemed advisable for the improve-
ment of prison discipline, it could not be supposed to
have been desired by the government that any legis-
lation should take place by the Assembly, until the
Commissioner had completed his inquiries, and until
their result, and the suggestions arising from it had
23.
been communicated to the Assembly. Captain Pringle
himself admitted the expediency of that course. In
page 11 of his report, ordered by your Honourable
House to be printed on the 17th of July 1838, No.
596, he makes the following statement: “The houses
“ of correction at St. Ann's Were, Savanna-la-Mer, and
“ Montego Bay, are not fit for prisons; the two latter
“ have been indeed condemned, and funds voted by
“ the vestry for new buildings. The plans for intended
“prisons at these two places were shewn to me, and
“ as my opinion was desired, I suggested the post-
“ poning the ea penditure of so much money until the
“ plans approved for the construction of new prisons
“ in England should be forwarded, or until some gene-
“ral system was adopted.”
On the 20th February, 1838, the House re-as-
sembled, and on the 21st, a message was sent by the
Governor to the House, with a copy of a circular
despatch from the Secretary of State, dated the 5th
July, 1837, and documents relative to the state of
gaols and prison discipline in the Colonies, which
were also referred to the same committee.
On 24th March, the House was prorogued. No
communication had been made to the Assembly of
the result of the inquiries or suggestions of Captain
Pringle, and no report was made by the committee.
In the month of June, a Session was specially con-
vened for the sole purpose of abolishing the apprentice-
ship, and that measure having been passed, the Go-
vernor on the 16th of June prorogued the Session by a
speech which contains the following passage: “I am
“happy that I can now grant you a recess, as I am most
24
“ anxious that you should by your return to your
“homes be enabled to make such arrangements as
“may give encouragement to the industry of the free
“labourer, and by your example prepare all ranks to
“ meet the approaching change in a spirit of kind-
“ness and goodwill.” . e
That the select Committee appointed in the Ses-
sion 1837, and continued until 1838, applied, their
attention to the communications made to the House
by the Governor, and already stated. The chairman
of that Committee was Mr. Jordon, a gentlemen of
colour, of great respectability and talents. It ap-
pears from the statement made by him in the House
of Assembly during the last session, that he had di-
rected his attention to this subject, and had actually
prepared a considerable part of a Bill, which it was
the intention of the Committee to recommend to the
House; and he stated in the debate, that as to “prison
“discipline, which was of the greatest importance,
“when he moved that the messages and documents
“should be referred to a Committee, he did so in
“ perfect sincerity, with a determination, if possible,
“to meet the views and wishes of the Government,
“ and not for the purpose of giving the matter, the
“go by. His honourable friend from Westmoreland,
“ had said that nothing was done. Now he (Mr. Jor-
“ don) would assure the House that he devoted con-
“siderable time and pains to the consideration of the
“subject, and it was not until he felt it was impos-
“sible he could introduce to the House such a mea-
“sure as would be satisfactory to himself, to the House,
“and the Government, that he consented to abandon it
25
“for that Session. The more he considered the matter,
“ the more impracticable his task appeared, and the
“further he proceeded, the greater his difficulties be-
“came. He had then in his possession the draft of a
“Bill which he had commenced, and he had reached
“ the 12th clause. That draft would shew whether
“any thing had been done, and what pains and
“ trouble it had cost him. In that Bill he had
“proposed to give the Governor all the power and
“authority conferred upon him by the English Act,
“ and the means also of carrying the measure into
“operation. He had found that it would entail on
“ the Colony an enormous expence, such an expence
“as in the circumstances of it he could not ask the
“House to incur. It was his intention, on abandon-
“ing the measure for the Session, to turn his attention
“to it during the recess, and he had actually com-
“menced to do so when the arrival of the English Act
“convinced him that his labour would be in vain.”
That on the 16th of July, 1838 the packet from
Jamaica arrived, bringing the despatch of the Gover-
mor, communicating the assent of the Assembly to the
abolition of the apprenticeship.
That on the same day Captain Pringle's Report was
presented to the House of Lords, and Lord Glenelg,
Her Majesty's then Secretary of State for the Colonies,
brought in the Bill “for the better government of
“Prisons in the West Indies.”
That no communication of the intention to bring in
such Bill was made to the Assembly, or to your
Petitioner, as the Agent of Jamaica, but that on the
next day your Petitioner heard of such Bill by acci-
dent, and as soon as your Petitioner obtained a copy
26
of it, he addressed to Lord Melbourne and Lord
Glenelg, his protest as Agent of the Island, and
therein stated his conviction that the Bill was a direct
violation of the constitutional rights of the people of
Jamaica, and a contravention of the statute of the
18 Geo. III. c. 12. And your Petitioner did therein
further state that the just grounds of complaint which
the Bill gave the people of Jamaica, on account of its
violation of the rights of their Legislature, was greatly
aggravated by the occasion on which it took place,—
that the Assembly of Jamaica had terminated the
apprenticeship, and thus relinquished part of the
compensation guaranteed to the people of that Colony
by the faith of Parliament and the Nation, for the
surrender of their property,+that they had made that
great sacrifice in order that there might be an end to
the excitement and distrust under which the Colony had
so long suffered, and that it might procure that repose
so essential to the welfare of all classes of the commu-
nity—That it might be expected that this sacrifice
would secure to the colony the generous confidence
and the active support of the Government and Par-
liament, and at all events the enjoyment of the con-
stitutional rights and privileges of its Legislature,
That this expectation was at once disappointed—That
the first measure of the Government and Parliament
which followed the announcement that the Assembly
had abolished the apprenticeship, was one which
evinced a total want of confidence in the disposition of
the Legislature, and an entire disregard of its consti-
tutional rights and privileges. That the Bill was
introduced into Parliament without any previous ap-
plication to the Legislature of Jamaica to adopt its
27.
provisions, and even before there had been any op-
portunity of ascertaining the spirit in which legislation
would proceed in the Colony, now that the apprentice-
ship was terminated, and the Legislature had no
longer to contend with the difficulties in legislation
necessarily incident to the maintenance of that state.
And your Petitioner further stated that “he con-
scientiously believed that her Majesty's Government,
if they abstained from further proceeding with the Bill,
and with generous confidence appealed to the Legis-
lature of Jamaica, would pursue a course of policy, the
best calculated to promote that spirit of legislation
which they desired, unite all classes of the community,
and thus secure the real welfare and prosperity of the
Colony; but if the Bill should be passed into a law,
and collision and distrust were again to agitate and
distract the Colony, and if the Legislature, aggrieved
by that ungenerous and unjust interference with their
rights, should refuse to pass those enactments, without
which, the Bill, it was obvious, must be wholly in-
operative, your Petitioner would, by that protest, not
only have precluded the possibility of its being inferred
from his silence that his constituents had acquiesced in
the measure; but he would have the satisfaction of
feeling that he had pointed out the evils to be appre-
hended from it, and the policy by which they might
have been averted.”
That your Petitioner, in written and personal com-
munications with Lords Melbourne and Glenelg
strongly remonstrated against this measure, and
earnestly implored them to refrain from proceeding
with the Bill, and pointed out to them the conse.
quences in which it would involve the Government
and the Assembly.
28
That her Majesty's Government refused to acceed
to your Petitioner's application, but persisted in pro-
ceeding with the said Bill. - . . . .
That on the 19th of July, the Bill was read a second
time. On the 20th, it was committed. On the 23rd,
it was reported, and on the same day it was ordered
that a copy of the protest of your Petitioner, against
the Bill, should be laid before the House of Lords. On
the 24th, your Petitioner's protest was laid on the table,
and on that day the Bill was read a third time, and on
the 25th, it was sent to your honourable House. On
the 26th of July, your Petitioner's protest was moved
for in your Honourable House, and on the same
day the Bill was read a first time. On the 27th, your
Petitioner's protest was laid on the table, and on the
28th, the Bill was read a second time. On the 30th,
it was committed, and on the 31st, reported. On the
1st of August, it was read a third time. On the 2nd,
it was sent back to the House of Lords, with an
amendment, to which that House on the same day
agreed; and on the 4th of August, 1838, it received
the Royal Assent. On the 13th of August, the Act
for the better government of prisons, was transmitted
to Jamaica, accompanied by Lord Glenelg's circular
despatch to the Governors of West India Colonies,
together with a copy of Captain Pringle's Report.
That the Act and Report were received in Jamaica
by the Governor in September, and on the 25th of
that month the Act was promulgated in the papers and
placarded on the door of the House of Assembly.
On the 30th October the House met. Neither in
the Governor's speech on opening the Session, nor by
message, was any communication made of the Act, or
29.
of the motives or grounds on which her Majesty's
Government had introduced that measure into the
Imperial Parliament. The House of Assembly knew
of the existence of this Act only by seeing the copy of
it placarded on the door of their House.
That in proof of the disposition with which the
legislation by the Assembly on the subject of prisons
and prison discipline had been conducted, and of the
absence of any just ground for the introduction by
her Majesty's Ministers into Parliament of the “Act
“for the better Government of Prisons in the West
“Indies,” so far as it might relate to the Island of
Jamaica, your Petitioner refers to the fact, that the
rules and regulations adopted by the Governor and
Council, under the authority of that Act on the 29th
November 1838 are with some few trivial vari-
ations, copies of the rules and regulations which had
been enacted by the before mentioned Act of the
Jamaica Legislature, passed in 1834.
That her Majesty's Government, by the introduction
into Parliament of the Prisons' Act, in the manner
and under the circumstances hereinbefore stated at a
period when the whole tenor of the communications
made by the Governor to the Assembly had induced
that body to believe that it was not expected nor re-
quired that any similar measure should be at that time
passed by the Legislature of Jamaica, did notact towards
the Assembly with fairness, or *andour, or justice.
That the system of policy adopted by her Majesty's
Ministers, has exhibited no attempt to conciliate the
feelings, or inspire the confidence of that body, but has
been calculated to create irritation, and to produce col.
hision with the executive Government. It has evinced
30
distrust in the disposition and motives by which the
proceedings of the Assembly were influenced, and has
had the effect of exciting and encouraging misrepresen-
tations and prejudices in this country against that body.
That neither the people of Jamaica, nor the Assem-
bly have, nor is it alleged in the preamble of the pro-
posed Bill, that they have committed any crime which
has subjected them to that heavy punishment of the
forfeiture of their laws, constitution, immunities and
franchises, which this Bill inflicts. The only cause
assigned for inflicting on them this grievous punish-
ment, is the course imposed upon them in order to
vindicate and maintain their rights and franchises, and
their appeal to her Majesty's pleasure on the grievance
of which they complained.
That your Petitioner cannot believe that this cause
can be deemed by your Honourable House, sufficient
to justify the infliction of no less a punishment than
that of depriving the People of Jamaica of the
power of participating in making the laws, and of im-
posing the burthens and taxes by which their lives,
liberties, and properties are to be affected, and trans-
ferring the whole of that power to a body nominated
and existing solely by the pleasure of the Crown, and
in whom will thus be united the whole legislative and
executive functions of Government, unchecked and
uncontrolled by the people or their representatives.
That your Petitioner cannot, as a British subject,
abstain from stating to your Honourable House his
firm conviction, that if a similar difficulty had occurred
to you, the representatives of the people, a similar
course would have been adopted.
That the Island of Jamaica sustains the entire bur-
31
then of its civil Government. It pays the whole of its
judicial establishment, and with a very inconsiderable
exception, its ecclesiastical establishment. It defrays
the expence of maintaining forts and fortifications, and
of collecting the customs. The Assembly provides for
this expenditure, by the taxes it annually imposes.
Exclusive of this expenditure, which affects, and is to
be provided for by the whole Colony, each parish in-
curs, and has annually to provide for its own very
heavy burthens.
That the power of raising and appropriating the large
annual revenue which has been heretofore raised, and
appropriated by the people through their representa-
tives in Assembly, will by this Bill be vested in a
Governor and Council, nominated by the crown.
That no communication has ever been made by the
Governor to the House of Assembly of her Majesty's
pleasure, to which the Assembly appealed, but, on the
contrary, the Governor has prevented all communica-
tion with the Assembly by repeated prorogations.
That your Petitioner considers that the subversion
of the Constitution of Jamaica which will be effected
by this Bill, besides its unparalleled injustice, will be
productive of irreparable injury to the Colony, and of
necessity, deeply affect the interests of Great Britain.
That your Honourable House, from its sense of
justice, as well as from that magnanimity which must
ever characterize the acts of bodia, so constituted, will
not, when it has reviewed all the circumstances, not-
withstanding the common disi sº ation to retracesteps
hastily taken, hesitate to entertain a just and liberal
consideration of the situation in which the Assembly
of Jamaica was placed by her Majesty's Government,



32
through the interference with their rights of internal
legislation and taxation, claimed, and hitherto en-
joyed by the people of Jamaica as their birth-right,
and to take measures by which your Honorable
House may maintain inviolate the faith of Parliament,
solemnly pledged to the Colonies by the act passed in
1778, entitled “An Act for removing all doubts and
“apprehensions concerning taxation, by the Parlia-
“ment of Great Britain, in any of the Colonies, pro-
“vinces, and Plantations in North America and the
“West Indies, and for repealing so much of an Act
“made in the seventh year of the reign of his present
“Majesty, as imposed a duty on tea imported from
“Great Britain, into any Colony or Plantation in
“America, or relates thereto.”
Your Petitioner, therefore, humbly prays.
that your Honourable House will take the
premises into your consideration, and that
the said Bill may not pass into a Law; and
that your Petitioner may be heard by him-
self, his Counsel, Agents, and Witnesses, at
the Bar of your Honorable House, against
such Bill, and the principle, preamble, and
provisions thereof. Or that your Honorable
House will be pleased to grant such relief to
your Petitioner, as the Agent of the said
Island of Jamaica, and to the said Island of
Jamaica, aºto your Honorable House shall
seem meetº. -
And yo sº etitioner shall,ever pray, &c.
a sº WILLIAM BURGE.
Agent for Jamaica.
Printed by Rayner and Hodges, 109, Fetter Lane, Fleet Street.