CHAPTER X.

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THE CIVIL GOVERNMENT, OFFICERS, COURTS, AND OTHER SUBJECTS RELATIVE TO THEM; ALSO A DESCRIPTION OF THE MILITIA OF THAT ISLAND.

On the cession of Dominica to Great Britain in 1763, the government of the island was included in that of Grenada and the Grenadines, Saint Vincents, and Tobago, under General Robert Melville, but afterwards it was made a separate government under Sir William Young, in which independent state it remained till 1778, when the island was reduced by the French. Whilst they possessed the country, the government of it was the same as that of the other French windward islands; but after it was restored to England, it returned to its former independent government, and in that state it is at present.

The present establishment consists of a Governor and Commander in Chief, Lieutenant-governor, Council, Assembly, Magistrates, and Civil Officers.

The Chief Governor is the representative of the King, General of the forces, Vice Admiral, Chancellor, and Ordinary of the island. He grants all the militia commissions, and commissions for fitting out privateers; gives grants of land, renews the leases of the French inhabitants, or other leaseholders of the King; and also gives grants of poor settlers lots. He grants licences of marriage, licences to school-masters, and licences to tavern-keepers, or to sell spirituous liquors, to keep gaming tables, &c. &c. independent of the other parts of Legislature. His salary is two thousand pounds current money, which is paid him by the colony, exclusive of what he receives from the Crown; and also exclusive of his fees of office, which are very considerable.

The Lieutenant-governor is allowed no salary by the colony, but during the absence of the Commander in Chief, when he takes the supreme command, but receives only a moiety of the salary allowed by the colony to the former. In case of his death, or absence during that period, the chief command devolves to the senior Member of the Council, who then becomes Governor in Chief pro tempore, and enjoys the like salary as the Lieutenant-governor, during the time he acts in that capacity.

The Council consists of twelve Members, who are appointed by his Majesty’s Writ of Privy Seal. Of these the Commander in Chief has the privilege to chuse seven, to be of his Privy-council; but the office of the whole is to assist him in the government, and to concur with the House of Assembly, in making and passing the laws, statutes, and ordinances of the colony.

The House of Assembly of Dominica consists of nineteen Members, who are the representatives of the people of the island, and are chosen by votes of the freeholders in each parish, in consequence of a writ issued for that purpose by the Commander in Chief, to the Provost Marshal of the place. Their office is, to prepare all public acts of the colony, which acts cannot be passed without their concurrence; to maintain the rights and privileges of their constituents, and to promote the happiness of the people of the country, as well as the interests of the Crown.

The Speaker of the Assembly’s place is of great trust and respectability. Nine of the Members form a House, where they are attended by a Serjeant at Arms with the mace, who acts as Messenger, and who, with the Clerk of the Assembly, is paid a yearly salary by the colony.

The principal civil officers are, the Chief Justice, the Judge of the Court of Admiralty, King’s Attorney-general, King’s Solicitor-general, public Secretary, Register, and Provost Marshal.

The Chief Justice of Dominica is appointed by the Crown, and is a post of great honour and trust. His courts are, Common Pleas, King’s Bench, or Grand Sessions of the Peace; at both of which he presides as Chief Judge. He is also a Member of the Council, and an Assistant Justice of other Courts; his salary is six hundred pounds sterling per annum, and his fees of office are very considerable.

The Judge of the Court of Admiralty for Dominica is also appointed by the Crown, but has no salary allowed him, his emoluments arising only from the condemnation of vessels captured from the enemy, or such as are seized by the Custom-house for carrying on a clandestine trade. He is also a Member of the Council, and Assistant Justice of the other Courts.

The King’s Attorney-general, and the Solicitor-general, are both appointed by the Crown, and have each a salary allowed them. The public Secretary and Register, and the Provost Marshal enjoy their offices by patent; the latter acts as Usher of the Black Rod, and Messenger of the Council, the public Secretary as Clerk to that Board; they have a yearly salary allowed them by the colony.

There are, besides, Justices of the Quorum, who are all Members of the Council, Justices of the Peace, Coroner, Way-wardens, Town-wardens, and Constables in every parish of the island. The first three description of civil officers are appointed by commissions, under the Seal at Arms of the Governor in Chief; the others are chosen in turn, every year, at the Court of Grand Sessions of the Peace.

The Courts of Dominica are, Court of Chancery, Ordinary, Vice Admiralty, King’s Bench, Common Pleas, and Courts of Special Sessions. The first five are the same as those courts are in England, only that there may be appeals from them to those of the mother-country; and the Courts of Special Sessions are chiefly to try disorderly whites, or negros guilty of capital crimes; and for fixing the standard of bread, meat, fish, and other articles of the markets. At these courts two or more Justices of the Peace preside, but one of them must be of the Quorum.

The fees of office in Dominica, as well as in all the English West India islands, are very high and burdensome on individuals, especially in some departments, where there are also other just causes of complaints; but which it is not my intention to take notice of particularly at present. These excessive fees are peculiar to the British government in the West Indies, as it must, in justice to the French, be acknowledged, that there is no such thing among them; and that during the time they were in possession of Dominica last war, neither the French chief Governor, nor the other civil officers, received any fees from individuals for public business in their departments. Every thing was done gratis; and when they heard of a contrary practice under the English government, they expressed their disapprobation, as a practice not allowed by their government.

The militia of Dominica is at present only composed of foot, and includes all descriptions of white men, and free people of colour, from the age of eighteen to fifty years old, who are able to bear arms, and have resided thirty days at one time in the island.

A penalty of six pounds twelve shillings is imposed on every one, who neglects or refuses to enlist himself within the time limited; which fine is doubled every field day after, until actual appearance. A penalty also of sixteen shillings and six-pence is laid for non-attendance in the field on field days, after being inrolled; and which is doubled every field day after, until the defaulter makes his appearance.

The field days were formerly the last Saturday in every month, but have been lately altered to the first Monday in each month; and sometimes, in cases of threatening danger, the militia meet every week, or oftener, at the discretion of the Legislature. The uniform of the militia infantry is, scarlet coats, with facings and cuffs of black velvet; that of the artillery, blue turned up with scarlet. These every person is obliged to furnish himself with; but the arms, accoutrements, powder, flint, &c. are supplied by Government.

None are exempt from serving in the militia, except the Members of the Council, and the public Officers; but those who have borne commissions in the army, or in the militia, in other islands, are not liable to serve under the rank they were in before, unless it can be proved they have been broke for misbehaviour or cowardice.

The militia of Dominica, previous to the reduction of the island by the French, last war, were little inferior in discipline to regular troops, especially that part of them which was composed of English subjects. The defence they made on the 7th day of September, 1778, sufficiently convinced the Marquis de BouillÉ that they merited that character, which he actually gave them in a very handsome compliment that day; but he at the same time expressed his astonishment, on seeing the smallness of their numbers, that they should have behaved so well, as to prevent him from subduing the island, as he had intended, without permitting it the benefit of a Capitulation.

The militia is, at present, in a very respectable state; but it would be much more so, was it to be composed only of English subjects; for the French and other foreigners, who are incorporated therein, from not understanding the words of command in English, or from a natural dislike to the service, pay no great attention to it; and in consequence very often throw the whole into disorder.

Here it may not be thought improper to observe, how very disagreeable this service is to the generality of the foreigners, who are inhabitants of this island; many of whom have repeatedly offered to pay a certain sum annually to be wholly exempt from a duty which they cannot be induced to relish, unless under their own proper government. Besides, the impropriety of obliging such persons to bear arms for the defence of a country, where they look upon themselves as only temporary residents, and liable to be severely punished, should it fall into the hands of their nation, and they were to be found bearing the arms of opposition. And moreover, to force them to learn the use of arms, might be attended with dangerous consequences if they joined with the enemy in time of invasion, or withdrew themselves, as they did before; at any rate they can be of no use whatever in defence of the place.

The subjecting them, therefore, to the payment of a certain yearly sum, instead of obliging them to appear in the field, to which they are so greatly averse, would be the means of a considerable saving to Government for arms, powder, and other articles; and some part of it might be applied for furnishing such persons in the militia with regimentals, who can ill afford it themselves. This would be the means of having a complete militia in Dominica, wholly composed of English subjects, on whom alone any dependance can be placed for its defence, should it be invaded, and be so destitute of regular troops, as when it was taken the last war.


                                                                                                                                                                                                                                                                                                           

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