too much extended, and has too heavy an aspect to please the eye. The brick columns of the arcade are much too maffive and clumfy, appearing as if they were intended to fuftain fome enormous weight, but hitherto fupporting only a flight floor, which is fo leaky as not to answer the purpose of screening the offices and pafsengers underneath from a tranfient fhower. The pediment in the centre, and the projection of the speaker's and jury rooms at each end, are fome little relief. But, taking the whole ftructure together, and reflecting on the vaft fums of money that have been thrown away upon it, we may juftly queftion, whether confummate dishonesty or ignorance was the chief architect [c]. On [c] From the grand or fupreme law-court which is held here (if the chose in action be for a fum above 300% sterling), an appeal lies to the court of errors; or, if sentence of death be paffed for felony, the appeal is to the governor alone, who for all fuch crimes, except murder and treason, can ratify or annul the judgement of the court as he pleases; but, in the two last-mentioned cafes, may either respite the offender till the royal pleasure thereupon be known, or order immediate execution. The grand court is held four times a year, each feffion continuing three weeks. Till the year 1758, all caufes of more than forty fhillings throughout the island were tried in this town; when an act was paffed for dividing the island into three circuits, in each of which affizes are held the like number of times in the year. From the courts that are held in Surry and Cornwall, a venire lies in fome cafes to that in Spanish Town. All informations upon actions for breach of the laws of trade and navigation, duties, cuftoms, imports and exports, quit-rents, and efcheats, are triable in the fupreme court only. And, in all actions for the property in flaves or their freedom, or in ejectment, dower, partition, titles affecting lands or tenements arifing in the counties. of Cornwall or Surry, the judges of the fupreme court may direct the iffue to be tried at St. Jago de la Vega by a Middlesex jury. From the grand court the appeal goes on, as before related, to the court of errors; and, after judgement given in the court of errors, the party caft may travel with his caufe before the king in council at home: he must, indeed, after the decifion in the court of errors, if it affirms the fentence of the grand court, pay into the complainant's hands the amount of the action, he giving fecurity to the defendant for re-payraent of it in cafe the fentence fhould be reversed at home. It is true, that by these appeals it has been fuppofed that juftice is more likely to be adminiftered; but they are nevertheless highly prejudicial with regard to the immoderate delay which neceffarily enfues: for, let the evidence be ever to clear and conclufive, an action of debt upon a fimple bond may be brought by the defendant (after judgement has been obtained upon it in the grand court) before the governor and council in the court of errors; where it may poffibly flumber a whole year, or more, before it can be heard and decided, and before the plaintiff can receive any juftice or redrefs; for, how defirous foever the governor himself may be to haften judgement, it is not always in his power to do it. He may advertise the holding fuch a court from time to time, but to very little purpofe, unlefs a quorum of his council are pleafed alfo to attend and affist him; who are sometimes interested in the matter in difpute, either as principals or collaterals, and confequently fo far difqualified to prefide upon it as judges. I have before obferved on the inconveniences which attend this appeal-court; and fhall therefore only add, that it has long been the fincere wish of all the inhabitants (except the partizans of knavery and litigaC 2 tion}, 17 On the North fide of the parade is a fmall building, called the old court-house, where the fupreme court was formerly held, and the tion) to fee it entirely abolished. The judges of the grand court are vefied with the privilege of prefiding either in the Surry or Cornwall courts, as well as that in Middlesex; whereas none of the puifne judges, who are specially appointed for either of the foriner, are permitted to fit in the latter. The number of actions, which in this Tmall community are every year brought before the grand court, will appear almost incredible: yet the books of entry in the clerk of the court's office, which are an undoubted authority in this refpect, fhew, that there are near four thoufand new ones instituted per annum upon an average. Hence a conception may be formed of the vast quantity of bufinefs tranfacted in this court, and of the emoluments derived from it to the members of the law. Among all the caufes which lead to the multiplication of this evil, none are more conducive than the following: 1ft, the fraudulent conduct of executors; 2dly, the transfer of property from hand to hand by exchange of papers; 3dly, the fallacious fixtures of plats by 10guish or ignorant land-furveyors; 4thly, the great delay of justice by a multiplicity of appealcourts; 5thly, expenfive and diffipated habits of living: of thefe, the laft-mentioned may be reckoned the principal. Property here is oftener rather nominal than real. A man, in poffeffion of an estate yielding zooo l. per annum, fpends as much, and lives as though he actually had a right to a clear income of that amount, notwithstanding it may be greatly encumbered. The confequence of this must be, that, if he spends the whole income at the very time when he owes at leaft one half of the value of his property, in a very few years he is obliged to part with both the eftate and income too; especially if any of the ufual cafualties, fuch as the death of Negroes and cattle, drowth, or floods, fhould happen to impair it. A wife planter, therefore, fhould never spend above one third of his income, nor value his property at a higher proportion. But how preca rious foever fortunes are in this part of the world, and liable, from various and innumerable causes, to fudden changes, and however frequent fuch inftances; yet few here take warning by the fate of others, or feem awake to their own danger, till unhappily they experience the fame themfelves: fo that we may apply what Juvenal faid of Rome in his days: Hic ultra vires habitus nitor; bic aliquid plus, ; "Here attir'd beyond our purfe we go, And this is literally true of us; for we are fo ambitious to live up to, or rather beyond, the nominal income of our eftates, that fometimes a perfon, whofe produce amounts in grofs to at least fix or feven thoufand pounds a year, is greatly distreffed to pay his taxes, or even to raife the fum of fifty pounds. In fhort, fo numerous are the law-fuits in the ifland from different causes, and the fees paid to council fo large, that the gentlemen of the bar make feveral thousand pounds per annum by their practice; and, in regard to attornies, there are not fo few as one hundred; fome of whom, in a few years, acquire very confiderable fortunes. The evil practices of foine among them called for a regulation by law. Accordingly, an act of affembly, paffed in 1763, ordains, that none shall be admitted to practife as folicitor or proctor in any court of law or equity in this ifland, without producing his admiffion as fuch in Weftininfter hall; or court of chancery, king's-bench, commonpleas, or exchequer in Ireland; or unless he shall have been an articled clerk five years at least to a fworn-attorney or folicitor in Jamaica, and certified upon examination before two barristers to be the governors kept their chancery-fittings; but, fince the removal of these courts into more convenient places, it is of no further use than for every commander in chief, on his first arrival in the town, to go into and take the ufual oaths; and at other times for holding elections of the parochial reprefentatives or officers; and, during martial law, as a guard-room for the militia. Adjoining to this ftructure is a range of building, which fills up this fide of the fquare, and comprehends a tavern, a lodging-house, and a barber's fhop; all of which are well fituated for good bufinefs in their way. These houses make an appearance that is rather difgraceful to the other environs of the fquare. The tavern is an old Spanish building, which, tradition fays, was antiently a stable for the mules and horfes belonging to the Spanish governor. The square has within it an octagonal inclofure, furrounded with a parapet-wall and rails, fecured at proper diftances by brick quadrangular columns, crowned with free-ftone; this was intended as an ornament, but it unfortunately has too much the resemblance of a eemetery: on two of the fides are double gates for the convenience of paffage from the publick offices to the governor's houfe. The original house of refidence for our governors confifted partly of the old Spanish edifice, and partly of irregular additions made from time to time by Sir William Beefton and other English commanders in chief. The Spanish hall of audience was compleatly left till the year 1761, when it was entirely pulled down to make room for the prefent building: nothing of art or elegance graced the infide of this hall: it was lined throughout with boards, or rather planks, unequally hewn with an adze; none of them appearing to have undergone the embellishment of the plane; thefe were rudely nailed be fitly qualified for fuch profeflion, So perfons, who have been writers to the fignet in Scotland for three years, may, upon producing certificate of fuch fervice, and going through one year's further clerkship in Jamaica, and being approved of upon fimilar examination, be admitted in- like manner. And, to prevent collufive co-partnerships, all partnerships, contracted between attornies and folicitors, must be reduced to writing, duly figned, fealed, and executed, in form, and recorded in the fecretary's office; and the names of all the partners indorfed on all writs, and other proces and proceedings, wherein they may be concerned. And, in order to put a stop to frivolous suits, it is enacted by another law, that, if the debt and damages to be recovered upon any perfonal action (except for matters affecting titles or intereft of land, flaves, or their freehold or inheritance) appear not to amount to forty fhillings or upwards, no greater cofts shall be allowed to the plaintiff than the sum of fuch debt or dainages; but lefs may be awarded at difcretion of the court. to to upright pofts, which fupported the roof. The pofts were for the most part crooked, not even fquared, and many of them bad fome remnant of their bark; but they retained for the most part their primitive folidity. The whole of the wood-work, indeed, seemed to have paffed through no other hands than those of a clumfy fhip-carpenter. The Spanish tafte for the elegancies of architecture feems to have been restricted to their religious ftructures. They are, however, to be commended for providing all their American towns with a fquare. The fquare in this town is not only a decoration, but the means of rendering the governor's house, and the courts of justice, more airy, pleasant, and healthful. In the Weft-quarter of the town ftand the gaol for the county of Middlesex, a free-school, a poor-house, and the fhambles. The gaol is a fquare of eighty-five feet, and contains an open area within of about fifty-two: it is under the direction and management of the provost-marshal, or his deputy, who fometimes is not fo careful as he ought to be in ordering the apartments to be kept clean and wholefome: on the contrary, the room appointed for the reception of felons, which runs along one fide of the court, is fo loaded with filth in general, as to be perfectly peftilential, not only to the miferable wretches who are there confined, but to the poor debtors, who now and then are indulged with liberty of accefs into the court by way of enjoying a fhort walk in the open air: add to this, that on the outfide of the wall there is fuffered a constant accumulation of putrid mud and water, fufficient to poifon all the neighbouring atmosphere. In this delightful place of cuftody debtors and malefactors of all forts, all fexes, and complexions, are promifcuously crowded; a circumstance highly dif graceful to the publick humanity, more especially in a country where it is thought politically expedient to maintain a distinction between Whites and Negroes. It is therefore not a little aftonishing, that the debtor and the criminal should be huddled together; and that White perfons, who have committed no other offence than that of infolvency, fhould be affociated with the most beftial and profligate wretches of the Negroe race, as if it was intended to fhew that incarceration, like death, is a leveler of all diftinctions. The number of perfons generally in confinement confifts of about twelve Whites and one hundred Negroes. Upon enquiry in 1761, it was found that the whole allowance, given to the debtors for their fuftenance, was one pickled-herring and five plantains each per diem (value feven-pence halfpenny), or two cakes of caffadabread in lieu of plantains: this was barely enough to keep life and foul together. From this fpecimen, fome judgement may be formed of the hardships which a malicious creditor may in this country inflict upon his debtor; and it is therefore not in the leaft furprizing, that, to avoid fuch company, fuch fare, and abominable lodging, a debtor fhould run all hazards, and defend himself by force and arms, rather than enter into this hole of Calcutta. The laws, however, are rather more favourable here than in England; for a debtor, delivering an account upon oath of all his effects, and having nothing to maintain him, may be let to hire in open court; which is now a mere form, and a mode of his deliverance ;. and any creditor, diffenting and insisting on his continuance in gaol, must pay the debtor a weekly fubfiftance of three fhillings and fixpence for fo long as he remains in dureffe, which by fome meir. of no feeling or principle has often been done. Attempts have been made at different times to enlarge this prison, and build a diftinct place of confinement for debtors; but this beneficent purpofe feems to have been defeated by a fpirit of jealousy fubfifting among the leading gentlemen of the island; fome having indulged a principle of wantonly oppofing every fcheme and project offered. for the advantage of this devoted town; others efpoufing an opinion, that the county of Middlefex alone ought to bear fuch bur thens, in which it is pretended that the other two counties are not at all interested [d, while thofe who are of the county are unwilling that the whole expence should be affeffed upon them, inftead of a general equal taxation; alledging that, this town being the feat of government, public offices, and the chief courts of juftice to which civil and criminal matters are often removed from the other county-courts, the buildings neceffary to be erected here, [Since the above was written, the affembly have fhewn a. due humanity to the fufferings of thefe unfortunate perfons, by purchafing a piece of land, adjoining to the South part of the gaol, of one hundred and fifty by one hundred and twenty feet, and granting 1000/. for inclosing and erecting proper buildings upon it. They have alfo enlarged the debtor's allowance from 7 d. to 15. 3 d. per day. |