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Sir Charles Lyttleton, who succeeded Lord Windsor about two months afterwards, himself appointed a BEAUMONT council of twelve, and called a general assembly that made a body of laws, among which was one for raising a revenue; this was the first resemblance of a parliament in the island. By the commission given to Sir Thomas Modyfold, who succeeded Sir Charles Lyttleton in 1664, he was empowered either to constitute by his own authority a privy council of twelve persons, or to continue the old one, and to alter, change or augment it as he thought proper. He was also empowered, with the advice of the majority of the council, to frame a method for establishing general assemblies, and from time to time to call such assemblies together, and with their consent to pass all manner of laws, reserving to himself a negative voice; as also, imminent occasions, to levy money. upon In pursuance of these powers, Sir Thomas Modyfold, in July 1664, issued writs for electing two assembly men for each parish, which Assembly met in October following, and having passed a body of laws, were dissolved two or three months afterwards. The laws so passed were transmitted to the Lord Chancellor in Englund, but were not confirmed. Another Assembly was called and dissolved by Sir Thomas Lynch, Sir Thomas Modyfield's successor, in 1671. On the 3d December 1674 Lord Vaughan was appointed Governor with a commission, in which twelve persons were named, with power to him to expel or suspend any one of them, and in cases of vacancy to fill up the Council to nine. He was also empowered to call assemblies according to the usage of the island, and with this Council and Assembly to pass laws, which laws were to be in force two years, unless the

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Crown's pleasure was in the meantime signified to the contrary, and no longer, except they were apBARRETT. proved and confirmed within that time. In the passing of these laws the Governor was to have a negative voice, and to dissolve any Assembly as he should think proper. During the administration of Lord Vaughan two assemblies met in 1675 and 1677; each passed a body of laws, which were transmitted to England. Up to this period four essential changes had been made in the constitution of the Council of the island, and now a new power was introduced and conferred on the Governor, that of suspending or removing any member of the Council at his pleasure. It appears that at this period the House of Assembly accepted the title in their Acts, of the representatives of the colony; but it cannot be contended that an Assembly so formed was in the nature of a parliament, for the Crown resumed the power of suspending at its pleasure any laws made by the House of Assembly, and it does not appear that the laws passed by any one of these various assemblies were ever subsequently confirmed by the King in Council. In the beginning of 1678, says Mr. Edwards, in his History of the West Indies, a new system of legislation was adopted for Jamaica This system was nearly founded on the plan of the Irish constitution under Poyning's Act; and in order to enforce it, the Earl of Carlisle was appointed Chief Governor of the island. The Privy Council of England prepared a code of laws and a bill for settling a perpetual revenue on the Crown, which his Lordship was to offer to the Assembly, requiring them at the same time to adopt the whole code without any amendment or alteration. The heads of all bills, except those relating to money,

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were to be sent to His Majesty after they had been suggested by the Governor and Council; if the King BEAUMONT approved them, they were to be returned under the Great Seal, in the form of laws, and passed by the General Assembly; which was to be convened for no other purpose than that, and voting the usual supplies, special orders from England being excepted. The instructions to the Earl of Carlisle, besides embodying the above provisions, directed that the present style of enacting laws "by the Governor and representatives of the Commons assembled," be converted into the style of "Be it enacted by the King's most Excellent Majesty, by and with the consent of the General Assembly." Thus the entire government of the island was reduced to a mere municipal corporation, and that of the lowest character, inferior in point of authority to any existing in this country, for that had not even the power of making bye-laws. It is true that much contest arose upon this commission: one of the Privy Councillors in the island, the Chief Justice and the Speaker were arrested for opposing and attempting to contravene this commission, and were brought before the Privy Council in this country. It is said by the respondents that the result of these proceedings was the new commission of the 3d November 1678, granted to Lord Carlisle, directing him to call General Assemblies in manner and form there prescribed in Jamaica, and with the advice of the Governor and Council to make, constitute and ordain laws, statutes and ordinances for the public peace, welfare and good government of the island, and of the people and inhabitants thereof, which were to be (as near as conveniently might be) agreeable to the laws and statutes of England: with this proviso,

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1836. that such laws should be transmitted immediately BEAUMONT under the public seal, for His Majesty's allowance and approbation, and that they should be void on His Majesty's disallowance being signified under the sign manual, or by an order of the Privy Council. But even by this commission the King reserved power to disallow any law so passed, either by his sign manual or by an order of the Privy Council, and it is well known that for a long series of years this right was constantly, though perhaps improvidently exercised; nevertheless it so continued, and the first public act of the British Parliament, which in anywise recognized laws enacted by the House of Assembly of Jamaica, was the 1 Geo. 2, c. 10, which by sec. 22, enacts, "That all the acts and laws of the island which determined and expired on 1st day of October 1724, and not thereby or by any former act of the Governor, Council and Assembly, then in force, altered or repealed, should be and were thereby revived and declared to be perpetual. And also, all such laws and statutes of England, as have been at any time esteemed, introduced, used, accepted or received as laws in the island, should and were thereby declared to be and continue laws of His Majesty's island of Jamaica for ever." Such is a brief history of the constitution of the House of Assembly, from which I contend it is an inferior and subordinate body, not possessing or invested with any of the powers essential in the constitution of a free and independent legislature. In 1683, the members of the House of Assembly petitioned the King in Council in language which creates anything rather than an impression of their being a free and independent legislature (a). In

(a) 1 Journals, 78.

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1698, two of their members, Charles Hobby and John 1836. Dore, petitioned the House for leave to be sued (a). All these are but instances of the subordinate and dependent situation of the House of Assembly and its members, and their utter want of the character of a free and independent legislature. I might multiply such instances without end; the journals of the House abound with them. If the House of Assembly possess the power they pretend to, there is no species of tyranny they may not exercise. They may decide to withdraw their allegiance. In Blankard v. Galdy (b), and Campbell v. Hall (c), the nature of the constitution of the island is well defined. Lord Mansfield lays down the rule, that they can be no parliament in the true and independent meaning of the word. In Blackstone (d) it is said that the House of Commons of Great Britain is above all law, it is in truth a part of the High Court of Parliament of the Kingdom; but in Jamaica the King may withdraw the commission or instructions at any time, and thus abolish the House of Assembly. This has been done in other colonies. In Pennsylvania the charter was vacated and a new one granted. The very fact of the numerous commissions sent out to Jamaica shows that such a power has always been reserved by the Crown; the exercise of which is incompatible with a free and independent legislature. Such privileges as those contended for here could only be confirmed by Act of Parliament or by charter. The only privileges the House of Assembly possess are such as are indispensable to their own protection. The appellate jurisdiction of the Council is in no respects similar to that of the High Court of Parliament here; it is wholly

(a) 1 Journals, 189, 190.

(b) 2 Salk. 411.

(c) 20 State Trials, 239.

(d) 1 Blacks. Com. 160, 161.

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