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.