The West indies in 1837

Page 408

xii.

APPENDIX.

should immediately use their influence to obtain a Marriage Act, having a retrospective as well as prospective efi^ect. The Acts w h i c h have been passed, to meet the immediate exi­ gencies, created by the entire change in the social and political condition of the Colony, demand a very serious examination ; as t h e y are so many precedents w h i c h will affect hereafter, the rights and interests of the enfranchised population of the other islands. W e would make on these important laws the general remark— that they contain many clauses w h i c h press w i t h undue severity on the working classes, and that the penalties they impose are usually excessive ; evils w h i c h are not mitigated by the manner in w h i c h t h e y are interpreted and administered. W e will select, for more particular attention, and as an illustration of the one-sided cha­ racter of Colonial Legislation, an A c t w h i c h w a s passed imme­ diately before our arrival in the Colony ; and w h i c h received the Royal sanction by an Order in Council, dated April 26th, 1837It is entitled " an Act for preventing a clandestine deportation of laborers, artificers, handicraftsmen and domestic servants from this island, and for establishing regulations concerning their de­ parture from the s a m e . " The preamble sets forth the evil practice of designing persons coming to Antigua, and, by delusive promises of great gain, i n ­ ducing the laborers to enter into Indentures or Contracts to serve in other Colonies ; and that it is m u c h to be apprehended that the Laborers become victims to such mercenary speculations ; and that they are frequently thus induced to emigrate w h e n in debt or under contract in the island, or w h e n they have infirm relatives, w i v e s and children depending on them ; and finally, that such practices are detrimental to the interests and well-being of this island, as well as of the laborers themselves. The first clause enacts that every laborer, w i s h i n g to emigrate, shall before leaving his parish, state his intention to one of the nearest Jmtices of the Peace, w h o , joining himself w i t h another Justice, shall inquire whether the person h a s any grandfather, or grandmother, father or mother, wife, or-child under fourteen years of age, legitimate or illegitimate, dependent upon him for support, and w h o may become destitute on his departure. If the Justices find that the said laborer h a s no such kindred or claims upon h i m , and that he is not bound by any existing contract for service, t h e y shall give him a certificate to that effect, w h i c h shall authorize the Island Secretary to set up his name in the Secretary's Office, as a person about to leave the Island. If, however, they find that the laborer has any such kindred, or claims upon him, and that he refuses to make satisfactory provision for their support during his absence, they shall refuse their certificate, and shall apprize the Island Secretary of the name of the person, and of the obstacles existing to his departure. The third clause gives the laborer an appeal to the Governor and Council ; w h o shall have power to overrule any intentional, improper, or unnecessary obstruction on the part of the Justices.


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