DR RITA PEMBERTON In 1781, France used the opportunity of Britain’s preoccupation with the conflict with its revolting American colonies to make...
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DR RITA PEMBERTON In 1781, France used the opportunity of Britain’s preoccupation with the conflict with its revolting American colonies to make another attempt to capture Tobago. The Tobago administration was caught unprepared to deal with an attack of that nature even though it was anticipated since residents of the island were aware of French intentions and, as a result, the Assembly had requested increased allocation for defence against both external and internal security challenges. The British government did not respond favourably and meanwhile the Tobago administrators and planting community noted with discomfort, the increased activity of French privateers around the island which they were powerless to address. However, the landing of French forces on the island, took them by surprise and they were unable to prevent the destruction of estates and property which occurred during the march of the French army to take over the seat of the island’s government. To the embarrassment of the administrators, France occupied Tobago from 1781 to 1793, a 12-year period during which plantation operations were thrown into chaos. With determination, British forces expelled the French in 1793 when the task of recovery began. The years of the French interlude resulted in serious economic disruption to the island. Plantations whose owners or managers did not swear the oath of loyalty to the French monarch were taken over by the French, whose laws were imposed on the island. The traditional trading arrangements through agents in Britain were nullified, payments of mortgages in Britain were banned while the French administration inflicted heavy taxation, which included a special tax for the King of France, on the residents. The reinstated British administration faced an uphill struggle to return the island to its former state of British normalcy. The process was initiated through the implementation of laws which were enacted as a means of clearing the legal vacuum which was created by the period of French rule. This meant that the laws which were passed when the island as made a British possession were reenacted, but first attention was given to matters which were considered priority. These included laws to re-establish the British legal system on the island, deal with the untenable situations which were created by French rule, laws to promote the resuscitation of plantation operations, improve security and laws governing the operation of slavery. [caption id="attachment_1160808" align="alignnone" width="255"] Dr Rita Pemberton -[/caption] The law of the land was implemented through the appointment of office of the registrar to establish the court system and deal with matters such as conveyancing, deeds, to facilitate probate of wills, debt recovery and to prevent fraud to which purchasers of plantations who needed to borrow money for plantation improvement, were prone. This law reflected more than a need to change from French to British legal system for it included the need to restimulate the sugar industry which encountered severe challenges during the French occupation. In fact, this was a period of changing ownership in which the operation of a legal system, which residents understood, was critical. The court merchant was essential to facilitate debt recovery especially for those desiring to leave the island to have their financial matters settled. The restated laws included the appointments of an agent to handle the island’s business in England and his salary. One sign of disorder was the facility for trespass which occurred during French rule and during the period of transition back to British rule. The need to protect plantations and assist in the process of getting them fully functional and profitable led to revival in March 1794, of the Act for regulating trespass which was initially passed in 1772. This law, which drew attention to the fact that many plantations were neither completely fenced nor properly enclosed, authorised owners/ managers or renters to impound any stray animals – horses, cattle, sheep, mules – whose owners were required to pay for each animal at a rate that was determined by the length of time the animal remained impounded. Given the realisation that French desires for Tobago had not diminished, the need for establishing a militia and enhancing the island’s defence system was considered essential, and the old law was revived. Since gunpowder was a necessary item for defence, a new law stated that from 1 January 1795 every ship which arrived from the United Kingdom, Ireland, or Africa was required to pay one £1 for every ton gunpowder that was needed for the protection of the island and those whose property was protected should contribute to the cost. Special attention was given to the slave laws which were related to both security and prosperity of the island. The old slave law of 1775 was re-enacted but was extended and amplified to reflect new realities on the island. An act for establishing regulations for slaves arriving in this island or resident herein except for such as are imported direct from the coast of Africa was passed in 1794. This law was considered necessary for the safety and security of the island because it was claimed that the French have been spreading a spirit of anarchy and displaying a desire to subvert good order and good government as existed in their colonies and spread their “baneful influence” among the slaves giving them ideas of equality and liberty which were considered “totally subversive of all good government.” Therefore, it was essential for the tranquillity of Tobago that provision be made for preventing such undesirable notions from being introduced among the slaves from places where those corrosive influences were already established and to correct and remedy them if they had already been introduced on the island. Ships which arrived on Tobago from any port were required to declare to the customs officer the number and descriptions of any slaves which were on board and specify where they came from. People refusing to make such declaration will be charged £33 for each such slave on board a part of which sum will be paid to the informer and the rest to be allocated for public use. The ship would be detained, and no landing permit was to be granted for such slaves until the sum was paid. The governor was authorised to determine whether the captain of a vessel was required to to appear before him to determine whether the landing of the captives could be allowed and the slaves be sold without “prejudice to tranquillity or safety of the colony or danger to the morals or principles of the slaves residing in it.” If the certificate was issued without a permit to land the slaves they will be forfeited and sold by the provost marshal by public auction for £25 pounds each. In case any slave who comes directly from the coast of Africa encourages sedition, promotes conspiracies, revolt, mutiny or disobedience against his owners or the government or white inhabitants, would be tried under the slave law and if convicted would be punished as dictated by the law. The provision of the old slave law which stated that it was illegal to sell liquor to slaves because it made them uncontrollable and dangerous, was reemphasised. Also, in keeping with the desire to prevent slaves from earning money. it was not permitted to hire out their slaves. It was noted that diverse negroes, Indians and mulattoes were employed to hawk goods along the roads, but there was to be no hawking of items which were commonly used on the island – rum, sugar, cotton, ginger, coffee, cocoa or any other valuable product. Hawkers were allowed to sell provisions and small stock with permission from their owners. After 1793, the focus of the Tobago administration concentrated on the struggle to revive the sugar industry, to infuse greater confidence of investors in the industry, and where possible, reduce the instability in the industry which was caused by the sale of estates, abandonment in some instances and the lack of funding to repair damaged estates. There was a need to provide assurance that defence was adequate and that the enslaved population was held under tight control. Such assurances were provided by the provision of security measures and were written into the laws which prevented enslaved persons from selling any of the valued items which were produced on the island. Slaves were allowed to be owned but not to own anything. They were to facilitate their owners to earn, but they were not allowed to earn for themselves because the success of the sugar industry was dependent upon their cheap labour. The post After the French Occupation: Tobago in the 1790s appeared first on Trinidad and Tobago Newsday.
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