PROCLAMATION

In the Code and other Collection of Laws published in this Kingdom ; in Ihe abridgnient of the Statules concerning the Indies; in the gênerai and particular orders conununicated to my Dominions in America since the discovery of it; and in the Ordinances which, being examined by my Council of the Jndies, hâve merited my Royal approbation, the System of making slaves usefal bas been established, observed and constantly followed, and every thing necessary decreed with respect to the éducation, trealment and occupation which their masters are obliged to give them agreeable to the principles and rules that Religion, humanity and the good of the State dictate, consistent with slavei^ and the public tranquillity; neverthcless, as it is not an easy niatter for ail my subjects in America who keep slaves, to be sufGciently instructed in ail the Laws of the said Collection, and much less in the gênerai and particular Orders and Ordinances approvedoffor différent Provinces, and considering that on this account, notwithstanding what has been done by my august Predecessors with respect to the éducation, treatment and occupation of slaves, sonic abuses bave been introduced by their Masters and the Stewards, which are not at ail conformable, but on the contrary opposed to the System of the Législation and to the gênerai and particular Orders decreed upon the subject ;

Therefore, in order to remedy such abuses and having in considération that, in conséquence of the libeiiy grrnted to my subjects by my Royal Order of the 28**» of last February for carrying on the Slave Trade, the number of slaves will be considerably augmentée in America; and having a due attention to this class of individuals, in the mean time that the gênerai Code ef Laws,

which is forming for the Dominions of America, is establisbed, and that they are published ; I hâve resolved, that for the présent the following Instruction shall be punctually observed by ali the Masters and Possessors of slaves in my said Dominions.

Ghapter I. — Educatiofi,

Every one who has slaves, of whatever class and condition he may be, is obliged to instruct them in the principles of the Roman Gatholic Religion and in the necessary truths in order that they may be baptized within the year of their résidence in my Dominions, taking care to explain to them the Christian Doctrine every Holiday on which they shall not be obliged nor permitted to work, excepting at the time of the crop, when it is customary to grant them liberty to work on holidays. On those and other days vrhen they are obliged to hear Mass, the Owners of the Estate shall be at the expense ol maintaining a priest to say mass for them and to explain to them the Christian doctrine as likew ise to administer the Holy Sacraments, not only on such days when he is obliged to do it, but likewise whenever he is wanted; taking care that every day as soon as their work is finished they say the rosary in the présence of the Master and the Steward, vdth the greatest composure and dévotion.

Ghapter II. — Food and Clothes.

It being manifest that the Masters of slaves are under the obligation of feeding sùid clothing them as likewise ther wives and children, whether thèse be of the same condition or free, until they can eam their own bread, which it is presumed they are able to do when the females arrive at the âge of twelve and the maies at that of fourteen ; and not being able to give any fized raie with respect to the quantity and quality of the food and clothes which are to be given them on account of the différence of climate, constitution and other particular causes, it is ordered that with respect to those matters, the justices of the districts in which the Estâtes are situated, with the approbation of the Mt-

iLPPENDIGES. 391

gistrates, and syndic or Recorder as Protector of Slaves, shall fix upon and détermine the quantity and quality of the food and clothes which are daily to be given them, according to their âges and sexes and conformable to the custom of the country^ and like those which are commonly given to day labourers, and linen the same as the work people who are freehave; which détermination, after having been approved of by the Audience of the District, shall be flxed upon the door of the Town House and of the Ghurehes of every place, and of the oratories or hermitages of Estâtes, that every one may. knoir it, and that no one may plead igno« rance.

Ghapter III. — Occupation of Slaves.

The first and principal occupation of slaves must be agriculture and not those labours that require a sedentary life; and thus in order that their Masters and the State may be benefîtted by their work and that they may perform it as they ought to do, the justices of the Towns and Villages, in the same form as has been mentioned in the beforegoing Ghapter, shall regulate the work to be done in the course of the day, and tbey shall bave two hours to themselves to be employed in manufactures or other occupations for their own advantage; neither the Masters nor their stewards can oblige those slaves to work who are sixty years old, or younger than seventeen ; nor employ the women slaves in any worit which is not conformable to their sex, or in which they must be with the maies ; and the said masters shall contribute two dollars every year for their domestic service, as is ordered in the B^^ Ghapter of the RoyafOrder published on the ^^ of last Februai'y.

Ghapter IV. — Diversions.

On holidays,. when Masters cannot oblige nor permit their slaves to work, after they hâve heard mass and the Christian doctrine explained to them, the said Masters or their Stewards shall allow the slaves to divert themselves innocently in their présence» but they shall not allow Uiem to be amongst those of the other

Estâtes, nor even with the females, hindering them from excess in drinking and taking care that their diversions are ended before prayer time.

Ghâpter V. — Habitations and Infirmary,

Ail Masters of slaves must give them habitations distant those of the men trom those ot the women if they are not married; and they must be commodious and sufficient to défend them from the inclemencies of the weather, with beds, blankets and every thing necessary. Each man shall hâve his own bed and there shali be no more than two in a room : another habitation separated from the rest, whlch must be waim and commodious shall be destined for the sick, who must be assisted with every thing necessary by their Masters ; and in case that the latter on account of not having room enough or being near some town, do vdsh to send them to the hospital, they shall contribute a daily sum which shall be determined by the justices for their assistance, in the manner and form mentioned in the 2°<^ Ghapter; and if any of them should die it is the Master's obligation to pay the charges of the funeral.

Ghapter VI. — Old men and those who are constantly ilL

Slaves who on account of old âge or illness are not able to work^ as likewise children of either of the two sexes, must be maintained by their Masters; and thèse latter cannot give them their liberty in order to get rid of them, except by giving them a sufficient stock which must be approved of by the justices and syndic, to maintain them without any other assistance.

Ghapter VII. — Marriages of Slaves,

The masters of slaves must not allow the unlawful intercourse of the two sexes but must encourage matrimony. Neither must he hinder them from mari^ing v^th the slaves of other masters; in which case if the estâtes were distant from one another so that the

new married couple cannot fulfil the object of marriage^ the wife shall foliow her husband whose master shall buy her ai a fair valoation set upon her by skilful men who shall be nominated by the two parties ; and in case of disagreement a third shall be nominated to fix the price. If the master of the husband does notagrée to the purchase, the master of the wife shall bave the same faculty.

Ghapter Vm. — Obligations and Punishments of Slaves,

As Masters of Slaves are obliged to maintain them, to educat«> and to employ them in useful work proportioned to their strengli, âge and sex, without forsaking their children and those who are old and sickly, so^ on the other hand, there is an obligation on slaves to obey and respect their Masters and the Stewards, to perform the work which is given them to do conformable to their strengh, and to venerate them as heads of the family. Thus he who will not fulûl any of those obligations must be punished, either by the master of the Estate or by bis Steward, according to the nature of the offence, with prison, chains or lashes, which must not exceed the number of twenty ûve, and those must be given in such a mannerasno to cause any contusion or effusion of blood ; which punishments cannot be imposed on slaves but by their Masters or the Stewards.

Ghapter Et. — Of the Imposition ofgreater Punishments.

When slaves commit crimes against their Masters, Mistresses, the children, stewards, or any other person which require greater punishment than those mentioned in the beforegoing Ghapter, the Master, his Steward or any one else who was présent when the offence was committed shall secure the delinquent and inform the justice of it, that in the audience of the Slave's Master and of the Attorney who défends the cause of the former, a law suit may be commenced against him, and a puniïhment imposed upon him according to the importance and circumstances of the offence, observing in every thing what is ordered by the Laws with respect

to the eauses of other delinquents in gênerai ; and if the slave be sentenced to pay one third of the charges of the Law suit, his master shall be responsible for it, besides the corporal panishment which, according to the importance of the crime, the delinquent shall suifer, after having been approved of by the Audience of the District, whether it be death or mutilation of mcmbers.

Ghâpter X. — Defects or Excess of their Masters and their

Stewards.

The Master, or his Steward who does not fulfil what is ordered in the foregoing Ghapters with respect to the éducation, aliments, clothes, diversions, habitations, etc., of slaves, orvrhoshould forsake their childrenand those that are old and sickly, shall be ûned fifty dollars for the first time, one huudred dollars for the second and two hundred dollars for the third ; and those fines shall ba paid by the master even in the case that the fault had been committed by his steward only, if the latter were not able to pay it, one third of which belongs to the informer, another to the Judge, and the other is to be put into the Fine Ghest, which will be treated afterwards ; and in case the bcfore mentioned Fines should not produce the disired effect, and they should commit the same fault again, other greater punishmcnts shall be intlicted upon them as disobedient to my Royal Orders ; and as soon as I am informed of their disobedience I shall take my measures accordingly. When tlieir Masters or their Stevards are guilty of excess in punishing the slaves, causing them contusion, effusion of blood or mutilation of members, besides paying the above Fines they shall be proseeu ted as criminals, and bave a punishment inflicted upon them according to the crime wbich they had committed, and the slave shall be confiscated and sold to another master if he is able to work, putting the amount into the Fine Ghest; and if he cannot be sold on account of being unable to work, he shall not be retumed to his master who shall be obliged to allow him a daily sum which shall be iixed upon by the justice for his maintenance and clothes during the remainder of his life, paying it every three monthg in advance.

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Ghapter XI. — Of thosetoho injure Slaves.

As Masters and Stewards can only chastise slaves with that modération which is required, no other person, "who is not their Master or his Steward, shall injure, chastise, wound or kill them without incurring the punishment enacted by the Laws againsi those who commit the like excesses towards free people ; and fhe master of the slave who has l)een injured, chastised or killed shall commence a Law suit against the criminal, ànd the Âttorney as Protector of Slaves, shall défend his cause.

Ghapter XII. — LUt of Slaves,

The Masters of slaves shall be obliged every year to deliver into the justice of the Town or Village in the district of which their Estâtes are situated a List signed and swoiii to hy tHem of ail the slaves which they hâve, with distinction of sexes and âges, in order that the notary of the Town House may take account of them in a separate Book which is to be kept for this purpose at the said Town House togather with the list presented by the master who whenever any of his slaves die or absent themselves from his Estate, must inform the justice of it within the term ofthree days, that by order of the Attomey General it may bé noted in the Book, in order to avoid ail suspicion of having beeii killed ; and if the Master does not fulfil this, he shall be obliged fully to prove either the absence of the slave or his natural death, for on the contrary, a Law suit will be entered against him.

Ghapter XIII. —Method ofinvesHgating the Excesses of Masters

or Stewards.

The distance of some Estâtes from the Towns, the inconvenience which would resuit from permitting slaves to go out without an order from their master, under the pretext of complaining, and the just régulation of the Law which orders that no fugitive slave shall be assisted, protected or concealed, require that means be

facilitated which are proportioned to ail those drcomstances in order that it may be known how they are treated by their masters; and one of those is that the priests who go to the Estâtes to explain to them the Christian doctrine and to say mass, do obtain information from the said slaves how they are treated by their Masters and the Stewards, and if every thing be observed which is ordered in the beforegoing Ghapters in order that they may give a secret and reserved notice of it to the Attoiiiey General and that he may cause it to be investigated, whether the Masters or their Stewards are wanting in the whole or in part to their respective obligations; and the said priests who by reason of their ministry dogive the said secret notice shall not be answerable for any thing even if supposing that the complaints of the slaves were not just ; for this notice is only given to the Âttomey General that he may demand from the justice to nominale an individual of the Town House, or another person of approved conduct who is to investigate the business, ànd to form the first proceeding, which he is to deliver into the justice, who shall pursue the proceeding^ and détermine the cause according to the Law, giving information of it to the Audience of the District, and admitting of appeals in ail such cases as they are authorized by the Laws.

Besides those means it will be necessary that people of good character and conduct be appointed by the justices and magistrales to visit the Estâtes three times a year and to make enquiry whether every thing be observed which is ordered in the beforegoing Ghapters, informing the said justices of it, who must apply theremedy ; and it is likewise declared to be a popular action, that of informing against a master or bis steward for not having fulfiUed one or the whole of the said Ghapters ; as the name of the informer shall not be made known and he shall bave the part of the fine which he is entitled to, without being responsible in any other case than in that where it is proved that the information is false.

Ând lastly, it is likewise declared that the justices and Attomey General, as Protector of Slaves, will be made answerable for any neglect of theirs of not having made use of the necessary means to hâve my Royal Resolutions put into exécution.

Chapter XIV. — Chestof Fines.

In the Towns and Villages wherc tlic before mentioned régulations are to be formed, and wherc the Courts of Justice are, a Chest with three keys shall bemadcaiid kept in the Town House, one of wbich keys shall be delivered t) the Justice of the Peace, another to the Govemor and the tliird to the Attomey General in order to keep in the said Chest the produce of the fines which are to be laid on those who do not fulfil my Royal Orders ; and the said produce shall be employed in the necessary raeans of making them to be obsei*ved, neither can that be a single maravedis taken eut of it for any other purpose without an order signed by the three who keep the keys, expressing its destination, and they shall remain responsible and under the obligation of restoring what bas been spent or employed to other purposes, for fear, that for those reasons or for others, their accounts which niust be remitted every year to the Intendant of the Province together with the attestation of the produce of Anes, may not be approved by him.

In order that ail the Rules prescribed in the beforegoing chapters may be fulfilledjl annul every Law, Royal Order and custom which are opposed to them ; and I command my Suprême Council of the Indies, Viceroys, Présidents, Audiences, Governors, Intendants, Justices, Ministers, etc., that they fulfil and cause to be executed what ever is decreed in this my Royal Order : for this is my will.

Published at Aranjuez 31"^ may 1789*

Engliali translation ol a Bando or Proclamation of Goyemor Ghacon respecting the grant ol Lands.

87»* July 1786.

In this port of Spain, in the island of Tnnidad to windward, on the 27^1^ of July 1785, hls Ezcellency Joseph Maria Ghacon, captahi of a frigate in the royal navy, governor and commandergênerai of this island, and sub-delegated intendant thereof, and commissioner for the crown lands, by our lord the king, Declared,

That the zeal and patriotism which hâve animated him since the period that his Msgesty was pleased to invest him with the command of the establishment and population of thisralnable colony, hâve not allowed a moments repose and relaxation, having been constantly employed in procuring information, combining and corrying into exécution the most efficacious means for the exact and punctual furtherance of the intentions of his Msgesty, and the removal of those obstacles,which hâve hither to rendered abortive the wise régulations adopted by our ministry, for the prosperity of the agriculture and commerce of this island, and frustrated the exertions of the predecessors of his Exceliency in this govemment. Intent upon thèse interesting objects, his Exceliency has discovered, by the clearest évidence, that one of the principal causes of the décline in which his Exceliency foond the agriculture and population, on his entering upon the administration of this island, contrary to what he might expect from the assistance given to those previously entrusted vdth this business, is, the confusion, contradiction and uncertainty in which the property and appartenances of the lands are involved in this island, from the arbitrary occupancy thereof by the ancient Spaniards, without previous form, concession, admeasurement, or démarcation of boundaries, as has been wisely provided by the fundamental laws of ail civilized nations, as also by those vrhich govem thèse dominions of America; in somuch, tiiat, although the ri*

chest and natarallY most fertile lands in this jurisdiction are actually wild and uncultivated, scarce is there a spot remaining that can begranted to new colonists, which is not claimed as the property of the aforesaid Spaniards, without any other tille than their own voluntary occupancy, or that of their ancestors ; the excess in this respect having been carried so far, that a species of émolument or traffic has been formed most prejudicial to the magnanimous purposes of his Msgesty in this island; for thèse same Spaniards, whosepoverty and habituai indolence incapacitate them from cultivating and giving a real value to their pretended properties, sell them at exorbitant priées to foreign settlers; ànd what is more, many of those who conceive themselves proprietors of almot ail the uncultivated lands of the island, abandoning thèse, proceed to cultivate the crown lands, which might be granted to new colonists, who would work them with advantage ; having no other object in this than aflerwards to sell this pretended property at an exorbitant price. From whence has proceeded, and continues to proceed, a chaos of confusion, perplexity and contre versy, in the grant of lands; so that many foreigners, v^ho bave come to this island with the détermination of settling, hâve found themselves in the necessity of quitting it, to avoid payîng for the land at the arbitrary caprice of the aforesaid Spaniards, or in volve themselves in the disputes and litigations which their grants were attended with, as is clearly proved by the many acts and suits of this kind, which were pending af the time his Excellency entered upon this govemment, which is confirmed by the issue of the proceedings recently instituted by Mr. Michael de Gourville and many others, who solicited grants of uncultivated land in wood, in the quarter of Saint Josef. In conséquence whereof, and this being an object to which it is necessary that govemment should immediately direct its attention, and requires to be explained and established upon determinate and incontestible principles, to obviate in future similar contradictions and litigations, as contrary to the spiritof good order, equity and justice, which it is désirons of inspiring into the minds of ail its subjects, it has resolved upon the déclaration containing the following articles, the exact and indispensable observance whereof is hereby strictly ei^oined.

l8t. ^ Are declared as crown lands, and belonging to his Ma-

400 HISTOIRE DE lA TRINIDAD.

jesty, ail those lands whicb hâve not been alienated by a formai title of concession, admeasurement and line of boundary, in conforraity to the laws of the Indies, or royal ordinances respecting thc population and cultivation of this island.

9A. — In the décision of those causes or matters now pending with the fiscal, respecting uncultivated lands, immémorial possession will not be admitted as a sufficient title, it being bis Majesty*s intention to possess thercof the property and dominion, against whose interest there is neither usucaption nor prescription, as being ii^'urious, in this case, to the welfare of the stat« and the common interest of the nation.

3d. — That ail those inhabitants who hold, from a distant perlod of time, ungranted land, whether by inheritance of their ancestors or other relations, or because they hâve txtken possession of Ihem by their own will, the same being cultivated, and a value there to given, will be the first entitied to a gratuitous grant thereof of property in prefsi^ence to other claimants, on condition that in the space of tree months they présent themselves to this govcmment, in order to obtain their title of concession, according to the royal ordinance of population, under the penalty, to those who shall not so présent themselves within the said term, of losing ail their right and claim thereto.

4^ti. — As it happens that many inhabitants bave inherited of their parents various lands, which although not granted, hâve been adjudged to them in a certain sum, in conjunction with other co-heirs ; it is hereby declared that, whenever such lands, by reason of their being uncultivated, shall be ceded to some nea colonist, this shall make good the sum in which they shall hâve been adjudged, the same being proved by proper documents ; and the same compensation shall take place under the circumstance of such inhabitants having purchased the lands of other individuals, whose claim is founded on a similar right.

5^1*. — Ali the ancient Spanishin habitants, who, without title of property and concession, shall claim lands in différent parts covered with woods, by their not having the means to clear them, shall within the term of three months, make choice of the situation in which they wish to establish themselves, and présent themselves in order to obtain a grant thereof, according to the ordinance of population. The crown lands remaining in benefit

ofhiB Majesty, to bestow them upon otkers, who will clear and caltivate them.

C*l». — As the ambition of raany Spaniai'ds is carried to such an excess, that althougli they are unable to put a single quarrée of land in cultivation, they prétend to be proprietors of considérable portions in différent quarters, and quitting thèse, pass over to the crown lands, and thereon employ the little labour they are capable of ; thèse persons must likewise make élection, with in the said terni of three roonths of the situation most suitable for Iheir establishment, whether on their pretended property, or on the crown lands. The surplus land remaining in benefit of his Msgesty, as is provided in thepreceding article.

7tb. .— The spirit of this ordinance béing to remove every im* pediment whatever to the cultivation of the lands, it is declared, that should the legitimate possessor not bave the means to work them, they shall be granted to others who may demand them with sufficient strength, thèse paying to the proprietors the sum or value for which they were obtained, whether in payment of a crédit, gift, purchase, or other such means, leaving them such a portioa of land which they may be capable of cultivating, in conformity to the ordinance of population.

gih. -* From the preceding article are ezcepted ail those new colonists, who possess any land with the title of this govemment, under condition of conforming to the régulation contained in the said royal ordinance of population.

gth. — His Excellency not wishing to injure any persons who bave bonâ fide employed their funds by renting lands in the occupancy of Spaniards, which bave not been granted to them, whenever thèse shall be granted, in conséquence of their being abandoned and uncultivated, to some other colonist, this shall be bound to secure such rentor tribute on the said lands so charged, or redeem it as it may suit his interest.

10*^. — Whenever this govemment shall grant crown lands, and any one shall hâve cultivated a part thereof, he shall be dispossessed of it, under condition of his being paid th« value of the plantations or provisions that may be found thereon, and other expenses he may bave incurred on his establishment.

* And, that the above Articles might be obsorvcd and carried

402 HISTOIRE DE hX ^I^INIDAB.

into exécution in ail their parts, his Excellency ordered them to be published in the usual places of this port, and copies thereof to be fixed up, and others to be sent to the town of Saint Joseph de Oruna, valley of Tacarigua, and to ail the commandants of quarters, that they might publish them in their respective districts ; and another copy to be transmitted to his Mîyesty for his royal approbation. And his Excellency decreed, ordered, and signed this act, with the advice of his council, in port of Spain, whereof I give faith.

Joseph Damian de Guenga.

Joseph Maria Ghacon.

Before me :

Louis Genteno,

Secretoâry fiscak

PROCLAMATION By His Excellency the Governor of Trinidad.

In the Port of Spain, Island of Trinidad, April 27*»» 1789, Don José Maria Ghacon, Golonel of the Army, Governor and Commander in Ghief of this Island, Subdelegate General of the Royal Administration said : — That after having examined the Register of the year 1784^ His Excellency observed vriih great pleasure and satisfaction, the considérable increase of the population of Ihe said Island, whereby a change in the civil and political constitution of the said Island became necessary, for the purpose of securing an easy and prompt administration of justice, and for a due observance of the fundamental Laws of our government in like cases ; vnth thèse important views and without préjudice to the principal objects of the particular Commissions with which His Ms(jesty has

been pleased to entrust His Excellency, he bas determined to erect several new Villages, and to form several new parisbes similar to those of San Juan de Aricagua, Santa Rosa de Arima, San Fernando de la Brea, tbat of Naparima, and otbers in such parts o( the Island as appear to His Excellency the most propeç for tbe collecting togetber tbe new Colonisls, whereby tbey may be inspired witb Cbristian precepts, and tbe rules of civil Society be inculcated among tbem in such a manner tbat every one, even tbose tbe most distant, may enjoy tbe benefit of a wise and religious administration. For wbicb purpose tbe wbole Island is divided equally into Quarters, eacb to be governed by a Lieutenant of His Excellency, under the name of Commandant of Quarler or Alcade, wbo sball exercise a jurisdiction more or less extended according to local circumstances, dépendant always on tbe principal superior jurisdiction of His Excellency the Govemor, wbo alone exercises tbe same generally ail over tbe Island ; of ail which His Excellency made bis report to His Msgesty, wbo by bis Royal Order of tbe il^h january 1786, bas been pleased to approve tbe same, giving to tbe said Commandants of Quarters tbe dénomination of Alcade.

Wberefore, in virtue of tbe said Royal Order, and tbat tbe same may be carried into ex^ecution according to our Laws, tbe Alcades in Ordinary of tbis Capital, will only exercise their jurisdiction within tbe limits of tbe said Town, and over tbe inhabitants dwelling in it, and by no means whatever, in other parisbes, or villages of tbe said Island, because tbe gênerai jurisdiction of ail tbe Towns, Villages and quarters under tbe govemment, only belong to His Excellency or to bis Lieutenant. AU wbicb it is His Excellency's order tbat the présent Escribano do, witb ail courtesy of style, notify to tbe Alcades in Ordinary tbat tbey do desist, for tbe future, from exercising auy jurisdiction beyond the limits of tbe Town of St Joseph, and of tbis Port and its Suburbs, and tbat tbey do not exercise any autbority in tbose parts or quarters wbere there is a Lieutenant of His Excellency witb the title of Commandant or any other, notifying to tbem at the same time the said Royal Order, of which he sball give tbem a copy, as well as of tbis act, if tbey require it. He wUl likewise do the same to the Members of tbe Cabildo in order tbat tbjey may bave it recorded and tbat it may thereby serve for a régulation in future ; tbis

order will be communicated with tlie said Royal Order lo tbe Commandants of Quarters, or their deputies; for which purpose Ihe necessary documents will be delivered, exhorting them net tu permit by any means, the introduction of any other judges în their jurisdiction, because they are appointed for ail such purposes by His Excellency.

It was thus ordered and signed, with the advice of Don José Damian de Cuenca, Honorary Oidor of the Royal Audience of San Domingo, Lieutenant Governor, Auditor of War in this Islaiid.

— Which I certify.

José Maria Chacon.

José Damian de Cuenca.

De fore me:

Genteno.