Rita Pemberton
To mark two important periods in its history, the Tobago Assembly did two significant reviews of the laws passed by the House from 1794-1852.
Some laws were classified as disallowed, and others recommended for imperial approval. These exercises reveal some of the areas to which the island’s administration attached importance with the recommendation that they be retained, and the suggested amendments allowed.
The first review, in November 1834, examined laws passed between 1794 and 1834, and was described as a preparatory step for the functioning of the society with the changes necessitated by the termination of enslavement.
Its purpose was to determine those existing laws which, by amendment, adaptation or consolidation, could be made suitable to facilitating the transformation from a slave society to one in which slavery no longer existed. This suggests there was an accepted need for change after 1834.
Thes review included three areas which posed challenges. Firstly, unlike neighbouring Barbados, Tobago had never attracted a large white resident population. Some purchasers of estates in Tobago also owned properties in other islands and did not intend to live in Tobago. In addition, the white mortality rate was very high and that did not make it an attractive place of residence for white people, despite the numerous advertisements which sought to sell the island as an ideal living space.
It therefore had a significant number of absentee owners, which created problems for staffing administrative bodies, the qualifications for which included being white, British, Anglican, male and landowners.
Secondly, there was a shortage of qualified candidates who could hold and effectively contribute to administrative positions. As a result, incompetence in public office was rife. Merchants and planters with no legal training served as judges, lawyers and magistrates. The majority of plantations were run by attorneys, managers, trustees or executors who were not necessarily qualified in these areas, but who wielded power and influence through their multiple positions.
Thirdly, there was much duplication of officers, who were elected by a small number of voters, and lack of a quorum was a frequent feature of meetings of the assembly and council.
The situation worsened with the decline of the sugar industry and the changing of estate ownership early in the 19th century, after tumultuous encounters with the French which disrupted plantation operations, and the termination of the trade in captive Africans, which increased the cost of labour.
The second review covered the first 15 years of the reign of Queen Victoria, 1837-1852.
The legislature thought it opportune to review the laws passed during the first years of her reign to indicate those of significance to the society for which her support was needed. It was noted that 114 acts were passed during this period, of which 57 were still in force in 1852.
Four matters were included in the laws presented in this cohort.
The first was intended
