go to the heir, so may the widow have dower, and the surviving husband be tenant by courtesy,; and this holds equally whether slaves are possessed in gross, or belong to a plantation) yet in respect of debts, slaves are considered as chattels, and the executor is bound to inventory them like other chattels. This law, in many instances, certainly bears hard on those Creole Negroes, who are in consequence of sales, which often happen, for ever removed from those estates where they were born and reared, are torn from their homes, and cruelly severed from parents, brothers, wives, and children*.

The same objection cannot be made to the law of insolvency in Jamaica, which is infinitely superior to that of England, as it tends essentially to advance the interests of the community, and relieves a degraded and unfortunate class of men, from the most intolerable hardships. The laws of England have often, and perhaps not altogether without justice, been complained of, as too sanguinary; but surely no law was ever more unjust, than that which condemns a man to perpetual imprisonment, for being unable to discharge his debts. In all such cases, it ought to be remembered, that the creditor, though disappointed, was not deceived; that he knew there was a possibility of his never receiving payment; and there is not a doubt, but he charged a profit on the articles sold, according to the risk. He knew, that in the course of his dealings, he must meet with some losses, and consequently for the purpose of indemnifying himself, charged a greater profit on all the articles which he sold. And because a man is, owing to imprudence and misfortune, (the latter is more frequently the cause,) unable to pay the debts which he has contracted, is it.

*For an account of the present law of Jamaica respecting the treatment of slaves, see Appendix, No. 3..

just, is it reasonable, is it good policy, that this unfortunate individual, already deprived of all respectability in society, should be debarred from every opportunity of discharging his debts, should be prevented from making any useful exertion, and rendered, for life, a burden upon society? This law, as at present existing in England, loudly calls for amendment or repeal; since it is equally contrary to good policy, to justice, and to humanity.

The following is a sketch of the law of insolvency of Jamaica. A debtor may, after three months of actual confinement, obtain his liberty on the following conditions. Three weeks previous to the next sitting of the supreme court, he is to give notice by public advertisement, that he means to take the benefit of the act; and for that purpose, has lodged all his books of account, in the hands of the marshal, or keeper of the gaol, for the inspection of his creditors. He shall then, on the first day of term, be brought by petition before the court, where he is to deliver in and subscribe a schedule of his whole estate and effects, and submit, if any one of his creditors require it, to a viva voce examination upon oath, in open court. To this schedule he must annex an affidavit, certifying, that it contains a just account of all his property, debts, and effects, except clothing, bedding, and working-tools, not worth more than ten pounds; that he has given no preference to any particular creditor, for three months previous to his confinement, nor conveyed away, nor concealed any part of his estate or effects. The court, therefore, being satisfied with the prisoner's examination, shall appoint one or more of the creditors to be assignees for the benefit of the whole, and order him or them possession of the prisoner's property and effects, and discharge the party from confinement. Gaol-fees of those who are unable to pay them, are paid by the public. There

are various wise regulations for the prevention of fraud; and it is declared, that if any persons, obtaining the benefit of the act shall knowingly forswear themselves, and be, in conse-quence, convicted of perjury, they shall be guilty of felony, without benefit of clergy, and shall suffer death accordingly. It was also formerly provided, that no debtor should have the benefit of the act more than once; and that the future estate and effects of persons discharged under it, (excepting their apparel,) shall still be liable to make up the former deficiency. By a subsequent law, however, proposed by Bryan Edwards, the intelligent historian of the West Indies, a debtor may be discharged a second time on the same conditions, provided he had fully paid his former creditors, before his second insolvency; and even if he has not paid the debts, on account of which he formerly took the benefit of the act, he shall be discharged after an actual confinement of two years; the court being satisfied, that he has fairly surrendered all his estate and effects to his creditors. There are many other laws of a local nature, which are honourably distinguished by their liberality, good sense, and humanity, qualities of which the planters of this island are undoubtedly possessed, and for which they justly deserve to be respected.

The governor of Jamaica, who has the title of excellency, is appointed by letters patent under the great seal of England. He He commands the land staff is in Jamaica, and

possesses very extensive authority. forces, when no general officer of the has vice-admiralty jurisdiction, and grants letters of marque. He commissions officers of the militia, appoints the judges, and, with the concurrence of five of the council, can suspend them. He nominates and supersedes the custodes of parishes, justices of the peace, and other civil officers. He has also, where the crown does not dispose of them, the disposal of civil employ

ments.

The governor inducts clergymen, qualified conformably to the canons of the church, to all church livings and benefices; and, in certain cases of absence, or notorious misconduct, supersedes rectors. He grants letters of administration, licences for schools and for marriages. In cases of forfeiture or penalty, incurred by the breach of any act relative to trade or revenue, he has concurrent jurisdiction with the courts of record, and may, without the intervention of a jury, decide all questions

both of law and of fact.

The governor is also chancellor ex officio, and presides solely in that high department, which is administered with great solemnity. He is the sole ordinary for the probate of wills, and for granting letters of administration. From the first of these offices, he derives considerable authority, and from the latter, great emolument. He presides in the court of errors and appeals; but from his decision, an appeal may be made to his majesty in council, if the property disputed amount to three hundred pounds: and from his judgments in equity, a similar appeal may be made. He may reprieve criminals convicted of treason and murder, and extend his majesty's gracious pardon to all other convicted criminals. He can suspend members of the council, and supply their vacant seats. He has authority, with advice of council, to convoke the house of assembly, and appoint the place where the members are to meet. When met, the governor has a negative voice, which may be applied to every legislative ordinance proposed. He can, at will, prorogue, adjourn, or dissolve the assembly. From a consideration of the extensive powers of which the governor of Jamaica is possessed, it is evident, that his authority and influence, in this colony, are very great, and perhaps greater than those, with which the king of England is by its constitution invested.

The annual salary allowed by the house of assembly to the governor, amounts to five thousand pounds current money of the island. Besides this sum, his excellency receives fees in chancery, and the court of ordinary, together with various other perquisites, to the amount of four thousand pounds currency. These sums amount to six thousand four hundred and twenty-eight pounds eleven shillings and five-pence one-eighth sterling; but it is not improbable, that, considering every perquisite and every advantage which the governor enjoys, his office is not worth less than nine thousand pounds sterling per

annum.

The supreme court of judicature for the whole island, commonly called the grand court, possessing similar jurisdiction to that of the several courts of king's bench, common pleas, and exchequer, in England, is held in Spanish-town, the capital of the county of Middlesex and of the island, on the last Tuesday of each of the months of February, May, and November, in every year. In this court, the chief justice of the island presides, whose salary and perquisites amount to about three thousand pounds per annum. The assistant judges are generally planters of eminence, or other gentlemen of the island, who afford their services gratuitously. There judges must be present, before a court can be constituted; and each term is limited in duration to three weeks. From this court, if the matter in dispute be a civil action for a sum of three hundred pounds or upwards, an appeal lies to the governor and council, as a court of error: If sentence of death be passed for felony, the appeal can only be made to the governor.

By a law made in the year 1681, freeholders of known residence are not subject to arrest, or to being held to bail in civil process. The mode of proceeding is, to deliver the party a summons, (leaving it at his house, is deemed good service)

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