First Subsidiary Ordinance to His Majesty’s Order in Council, establishing a Consolidated Slave Law.

Saint Lucia.

 

By his Excellency James Alexander Farquharson, Colonel, commanding His Majesty’s Forces in the Island of St. Lucia, and administering the Civil Government thereof, &c. &c. &c.

 

 

WHEREAS His Majesty hath by his Order in Council, dated at the Court at Windsor on the 2d February last, amending and consolidating the Slave Laws throughout several British colonies, been graciously pleased to direct, with a view of conforming as nearly as may be to the laws and usages of said colonies, that the respective governors thereof shall by Ordinances and Proclamations to be by them from time to time issued, make certain subsidiary provisions and regulations for the due enforcement of the said Order in Council.

 

It has in consequence become necessary to make such provisions and regulations with respect to the colony of St. Lucia, and therefore his Excellency Colonel James Alexander Farquharson, commanding His Majesty’s Forces, and administering the civil government of St. Lucia, having submitted the whole subject to the consideration of the Council of Government of St. Lucia, hath been pleased by and with their advice to order and direct as follows:

 

1. That conformably to the direction set forth in the 4th section of the said Order in Council, the office hours for the protector and his assistants shall be from eight o’clock in the morning to two in the afternoon, on every day in the year except Sundays and festivals.

 

2. And whereas by the 9th section of said Order in Council, no protector or assistant protector can act as a magistrate, or otherwise, for the decision of any complaint, or punishment of any offence concerning slaves, which precludes commissaries commandant from acting as assistant protectors; it is therefore ordered, that there shall be an assistant protector in each of the three grand districts of the island, with a salary of 100 l. currency per annum; and for the further support of said assistant protectors, they shall be magistrates for the recovery of small debts, and commissaries enqueteurs, or commissions for taking depositions in civil and police cases when required by the courts, for which last duties they shall be remunerated by fees, as will be more fully set forth in an Ordinance to be especially made to that effect; but that they shall not determine on any complaint by or against slaves, but report forthwith to the protector in all such cases, who will then take measures to bring each case before the proper tribunal.

 

3d. And as directed by the 16th section, it is hereby ordered, that markets throughout the island shall be held in future on Mondays, and that such markets may continue till three in the afternoon; and to enable slaves to attend market occasionally, it is ordered, that every plantation-slave shall be allowed one whole day in every fortnight in crop, and one whole day in every week out of crop, besides Sunday, which day it is now settled and determined shall in future be the Monday in lieu of the Saturday, as was the usual practice, or of any other arrangement.

 

And whereas by the 20th section, the Governor is required to define with all possible precision, every work of necessity in which slaves may be employed on Sunday, and to limit and restrict any such employment by such conditions as may seem just. It is therefore ordered, that in addition to the species of labour set forth in the 19th section of the said Order in Council, slaves may be employed,

 

On extraordinary emergencies arising from fires, hurricanes or inundations, or other causes which would be otherwise productive of any irreparable damage or injury to property

 

And also in the following habitual emergencies:

 

In grinding and boiling off the canes and juice remaining over from the preceding evening:

 

Or in plucking, drying or preserving coffee in unfavourable weather, or such manufacturing labour as is rendered necessary by the state of the season:

 

Provided that no habitual emergency shall be deemed sufficient to warrant the employment of slaves on Sundays in field labour, on sugar estates:

 

Provided also, that when slaves are employed on Sundays, except in the kind of labour set forth in the said 19th section of the Order in Council, they shall receive 3 s. currency, if employed beyond half a day, and if employed on such occasions for any time not exceeding half-a-day, they shall receive 1 s. 6 d. currency.

 

5. And whereas by section 25th the Governor is to prescribe the nature and extent of punishments to be inflicted on females in lieu of whipping, it is therefore ordered,

 

That the punishments to be inflicted by order of managers on female slaves, shall be as heretofore: the handcuffs, house-stocks, field-stocks, and solitary confinement.

 

Provided that no manager shall inflict a heavier punishment than the field-stock for sick hours, house-stocks for twelve hours, or handcuffs and solitary confinement for a week, and that the cells be approved by a licensed medical practitioner, or the Commissaries command; and in all cases of confinement, the slaves so confined shall be supplied with a sufficient quantity of frainacious food, at least once in 12 hours, and with a proper supply of good water.

 

And with reference to courts of justice and public magistrates, in addition to the above modes of punishment, they may inflict on females punishment by the treadmill, and other hard labour, including the chain-gang on plantations and on public works.

 

Provided that no public magistrate or authority, except the Court of First Instance and Royal Court, shall have jurisdiction over females beyond the extent of one month’s solitary confinement, or one month’s labour at the tread-mill, or one month’s hard labour on the plantation or on public works; nor shall any public magistrate or authority, except as above excepted, have jurisdiction over males beyond 39 lashes, or beyond the extent of their jurisdiction as above set forth over females.

 

6. And whereas, by section 66th, the fees on appraisement by compulsory process are to approved by the Governor; the following table of fees being such as were previously taken, is therefore confirmed and approved, and ordered to be in future adhered to on the penalties set forth in said section:

 

Original petition - - - gratis.

Judges order thereon  - - - ditto.

Court seal to clerk  - - - ¼ round.

Marshalman’s copy - - - ½ 

Service of notice by marshal (according to Tariff)

Interpreter for the French translation to be inserted in the Gazettes for each slave - - - ½ 

Printer, for advertizing 3 times, per slave - - - 1

Registrars fee for preparatory judgment, if any - - -  1 ½ 

Marshalman’s copy (Tariff). Service of notice – (ditto).

Final judgment - - - 2

Seal - - - ¼ 

Marshalman’s copy (Tariff).

Service thereof - - - (ditto).

 

7. And whereas by section 77, the Governor is directed to provide and declare in what courts, or before what judges or magistrates all suits and prosecutions, civil or criminal, entered under or by virtue of any section of said order, are to be in future determined; and there appearing no reason to deviate from the present practice, it is ordered That all questions wherein the right or claim of any person to freedom is in controversy, shall continue to be determined in the Manumission Court; and all other suits and prosecutions, civil and criminal, in the Courts of First Instance and Royal Court in Civil and police cases, and before the Royal Court in criminal Cases, according to the established forms of proceeding and existing laws and usages of the colony: Provided that all cases of disorder or insubordination among gangs requiring attention, shall continue to be provided for as prescribed by the 7th chapter of the Edict of 1780; provided also, that no appeal be admitted from judgments on slaves, when the punishment awarded does not exceed 39 lashes, and three months hard labour and solitary confinement.

 

And finally, in conformity to the 81st section, it is ordered, That the island shall continue for the purposes of said Order in Council, to be divided into districts and quarters, as on other occasions.

 

Given under my hand and the seal of Government, this 26th day of April, in the 11th year of His Majesty’s reign, in the year of our Lord 1830.

 

By his Excellency’s command.

 

(signed) George Washington Busteed, Chief Secretary