HISTORICAL ACCOUNT, &c. JAMAICA.* IT T does not appear that there was any form of civil government established in the island of Jamaica before the restoration; when Colonel D'Oyley, who had then the chief command under a commission from the lord protector, was confirmed in that command by a commission from king Charles, dated the 13th of February, 1661. * In the former editions, this account of the constitution of Jamaica was ascribed to governor (now lord) Lyttelton, who was captain-general of that island in 1764, but I have since had reason to believe it was an official paper drawn up by some person in the plantation office in Great Britain, and transmitted to the governor for his information. That it came last from the governor's office, is a fact within my own knowledge; but Lord Lyttelton having assured me that he had no recollection of its contents, I feel myself bound to apprise my readers of the circumstance. As there can be no possible doubt concerning the authenticity of the documents annexed to it, the question by whom the introductory part was prepared is of little importance in itself, but justice towards Lord Lyttelton, and regard to truth, require me to give this explanation. His commission, which recites the king's desire to give all protection and encouragement to the people of Jamaica, and to provide for its security and good government, impowers him to execute his trust according to such powers and authorities as are contained in his commission and the instructions annexed to it, and such as should from time to time be given to him by his majesty, and according to such good, just, and reasonable customs and constitutions as were exercised and settled in other colonies; or such other as should, upon mature advice and consideration, be held necessary and proper for the good government and security of the island, provided they were not repugnant to the laws of England. It further impowers him to take unto him a council of twelve persons, to be elected by the people according to the manner prescribed in the instructions; and by the advice of any five or more of them, to constitute civil judicatories, with power to administer oaths; to command all the military forces in the island, and to put in force, and execute, martial law; to grant commissions, with the advice of his council, for the finding out new trades; and to do and perform all other orders which might conduce to the good of the island. The instructions consist of fifteen articles: The first directs the commission to be published, and the king proclaimed. The third regulates the manner of electing the council, eleven of which to be chosen indifferently, by as many of the officers of the army, planters, and inhabitants, as could be conveniently admitted to such election, either at one or more places; which said persons, with the secretary of the island, who was thereby appointed always to be one, were established a council, to advise and assist the governor in the execution of his trust, and five were to be a quorum. The fourth and fifth articles direct the taking the oaths, and settling judicatories for the civil affairs and affairs of the admiralty, for the peace of the island, and determining controversy. The sixth directs the governor to discountenance vice and debauchery, and to encourage ministers, that christianity and the protestant religion, according to the Church of England, might have due reverence and exercise amongst them. The seventh directs the fortifications at Cagway to be compleated, and empowers him to compel, not only soldiers, but planters, to work by turns. The eighth directs him to encourage the planters, and to assure them of his majesty's protection: and, by the ninth, he is to cause an accurate survey to be made of the island. By the tenth it is directed, that the secretary shall keep a register of all plantations, and the bounds thereof; and that all persons shall be obliged to plant a proportionable part thereof within a limited time. |