days, unless the enemy should appear in sight, and then to continue in force forty-eight hours, and no longer after their leaving sight of the island'." General Haynes seconded this motion, and it was carried by a majority of eleven to one, Colonel Thomas Williams being the only dissentient. The Governor published a proclamation, ordering that, in case of the appearance of an enemy on the coast, every person within two miles of the spot should drive their horses, cattle, and stock into the interior, to prevent the enemy, in case of their landing, finding means of subsistence or of moving. The overseers of estates were enjoined on the first alarm to bring out the negroes under their superintendence, armed with pikes, lances and bills. In a gazette extraordinary the Governor expressed his entire approbation of the spirit and alacrity of all ranks of people on the occasion, and the promptitude with which they tendered their services for the public safety: he appeared particularly pleased with the militia. The French squadron, having levied a contribution upon Roseau in Dominica, bent their course to St. Christopher's, where they arrived on the 5th of March and soon effected a landing. They exacted from the colonists £16,000 in currency and £10,000 sterling, in a bill which was negotiated by an American merchant resident at St. Christopher's. From thence they proceeded to Nevis and Montserrat, both of which were laid under contribution, and the ships in the harbour destroyed. When the news of the descent of these freebooters upon these islands became known in Barbados, it excited the greatest apprehensions in the inhabitants that a similar fate might await them. The arrival of Admiral Cochrane on the 3rd of April with a naval reinforcement was therefore hailed with the greatest delight.

Sir Samuel Hood was about to return to Europe. Previous to his departure he received the most flattering testimony of esteem from the inhabitants of Barbados. The merchants sent him a deputation, and the House of Assembly voted an address, expressing their thanks for the protection commerce had received during the period he commanded the squadron in the West Indies. As an additional proof of their gratitude the inhabitants gave him a public dinner. Accompanied by Lady Hood the Admiral sailed on the 18th of April for Antigua, where he was to receive from Lord Lavington the investiture of the Order of the Bath.

With eleven sail of the line, six frigates and two corvettes, the French admiral Villeneuve left the harbour of Toulon on the 30th of March, and entered Fort Royal in Martinique on the 14th of May.

On the 16th of May Lord Seaforth issued a new proclamation, informing the inhabitants that a very large and formidable French force

1 I have copied this resolution in full, because its execution, as will be seen hereafter, gave rise to a serious dispute between the Governor and the House of Assembly.

having arrived in those seas, it became necessary to use every precaution; and as no House of Assembly was at that time existing, he, with the advice and consent of his Majesty's Council, called on the inhabitants to aid and assist the public service.

The new Assembly was summoned to meet the Governor on the 29th of May. It will be recollected that the Assembly passed a clause, authorising the Governor to proclaim martial law with the concurrence of the Council, if such a measure should be considered advisable on the approach of danger. In consequence of information given to the Governor that the enemy was actually in sight, his Excellency, with the advice of his Majesty's Council, proclaimed martial law, to commence on the 19th of May and to continue to the 21st, and it was further prolonged until the evening of the 25th of May. It appears that this stringent measure was premature. The enemy had not left their anchorage at Fort Royal in Martinique since their arrival, and consequently the necessity and propriety of this measure were combated on various grounds.

The Governor met the new Assembly on the 29th of May, and after having commended in his speech the spirit and patriotism of the militia during the recent alarms, and expressed the satisfaction of the commander of the King's forces with the conduct of that body, he drew the attention of the Assembly to the approaching expiration of the militiabill. The speech however did not state any of the reasons which had led the Governor to proclaim martial law on a recent occasion. Mr. Robert J. Haynes moved therefore that the Assembly should resolve itself into a committee of the whole House, to take into consideration the legality of the late attempt to subject the island to martial law, and the motion was seconded by Mr. Williams. Mr. Mayers drew the attention of the House to the circumstance that the Governor's speech did not contain any explanation of the reasons which occasioned the late proclamation, and stated that there was a clause in one of the colonial acts, declaring that martial law should be put in force only when an enemy should be seen from the island, and should cease in forty-eight hours after that enemy had disappeared: he considered that this act had been totally disregarded upon the late occasion, and he would vote therefore in favour of an inquiry. The Assembly passed certain resolutions, expressing that they considered the proclamation of martial law, to commence on the 19th of May, "highly unconstitutional, contrary to law, and subversive of the dearest rights of the people;" and a committee was appointed to prepare a remonstrance to the Governor and Council, "requesting that a communication might be made to this House, stating the grounds of the late proclamation of martial law from the 19th to the 21st instant, and the continuance thereof from the 21st to the 25th instant; and information

given why the said proclamations were not prepared and made with the proper legal formalities1."

The Council in consequence of these proceedings adopted a resolution on the 25th of May, in which they wished to exonerate the Governor from any blame; they requested his Excellency to write to Sir Francis Laforey, inquiring the grounds upon which the signal for six sail of the line, and one of those a three-decker, was made to his Excellency Sir William Myers and was communicated through Lieutenant-Colonel Bonham to Lord Seaforth; and also the grounds upon which a written paper had been sent from Sir William Myers to Lord Seaforth, to be laid before the Council, purporting that on that morning, the 18th of May, eleven sail had been seen from his Majesty's ships the Spartiate and Beaulieu. Sir Francis Laforey stated in his answer, that on the 17th instant a signal was made 1 The Address to the Governor was worded as follows:"To his Excellency the Right Honourable Francis Lord Seaforth, his Majesty's Captain-General, Governor and Commander-in-Chief of this Island, Chancellor, Ordinary and Vice-Admiral of the same.

:

"We, the Representatives of the People in General Assembly, beg leave to lay before your Excellency in Council, the resolutions which we have unanimously entered into on the first day of our meeting. We beg particularly to call your Excellency's attention to the 5th resolution, and request you to give us the information thereby required, and an explanation of a conduct which has justly created great ferment and uneasiness in the public mind; an explanation which we trust will give that satisfaction to our constituents which we are unable at present to furnish them with. "By Order of the House,

"JOHN BECKLES, Speaker.

"1st. Resolved, That the inhabitants of this island are entitled to the same privileges, and enjoy the same rights as other the loyal subjects of his Britannic Majesty. “2nd. Resolved, That the common law of the United Kingdom of Great Britain and Ireland is in force in this colony, unless altered by British Acts of Parliament, or the legislative Acts of this island.

"3rd. Resolved, That by the 26th clause of the existing Militia Act of this island, it is enacted, 'That whatever articles of war or military laws shall be by the Governor or Commander-in-chief of this island and Council made by and with the advice and consent of the major part of the Council of War here, shall not commence or begin until an enemy, sufficient to cause an alarm to the whole island, appear in sight here; and shall discontinue and lose their power so soon as the enemy shall be gone out of sight of this island: provided always that the said laws be duly published, and a copy thereof hung up in every court of Guard for public view.'

4th. Resolved, That any attempt to proclaim martial law otherwise than during the existence of the circumstances in the above-recited clause stated, and with the forms thereby prescribed, is highly unconstitutional, contrary to law, and subversive of the dearest rights of the people.

"5th. Resolved, That a committee be immediately appointed to prepare a remonstrance to his Excellency the Governor, and the Honourable the Members of his Privy Council, requesting that a communication may be made to this House, stating the grounds of the late proclamation of martial law from the 19th to the 21st instant, and the continuance thereof from the 21st to the 25th instant, and information given why the said proclamations were not prepared and made with the proper legal formalities."

by the Beaulieu to the Spartiate, that six sail were seen to the leeward, which was followed immediately afterwards by the signal that the strange sails were suspicious. Four of these sails were seen from the Spartiate; and Sir Francis Laforey likewise conceiving them suspicious, he made the signal on board the Spartiate for his Majesty's ships to prepare for action, which signal at the same time conveyed intimation to the fort, and led no doubt to the proclamation of martial law.

At a meeting of the Assembly on the 18th day of June, Lord Seaforth returned the following dignified answer :—

"Council Chamber, 18th June, 1805.

"In answer to the address and resolutions of the Honourable House of Assembly of the 29th of May, the Governor cannot but deeply regret that the Honourable House of Assembly should have thought fit, in the first instance, to vote him guilty of acting unconstitutionally, and then to call upon him for an explanation. Called upon for an explanation of his conduct in a proper manner, he should have been very happy to have given such explanation, and is fully conscious he could give one satisfactory to every impartial mind; but situated as he is, he must refer the whole to the Sovereign, in whom alone he acknowledges any jurisdiction competent to find him guilty, and representing whom, he finds himself incapacitated from answering a charge of criminality before any other body. "SEAFORTH."

This letter was accompanied by the following communication from the Council to the Speaker :

"The members of his Majesty's Council have herewith sent the Honourable House of Assembly a copy of their minutes from the 18th to the 22nd inclusive, and are sorry to find the House of Assembly should be so intemperate as to condemn by their Resolution the measures of the Council, before an explanation had been laid before them."

"Council Chamber, 18th June, 1805."

The minutes proved sufficiently that, from the information which was received through Lieutenant-General Myers with regard to the enemy, the Council was authorized to advise the Governor to proclaim martial law; and the string of resolutions to that effect concluded, that the Council were fully convinced that the urgency of the moment had been so pressing, that it would have been unjustifiable to risk the safety of the country by depending on voluntary contributions alone. The continuance of the danger, as the Council supposed, rendered it necessary to prolong martial law. This was however only done after LieutenantColonel Harvey had communicated, by order of Lieutenant-General Myers, to the Council Board on the 22nd of May, that there was the same or rather a greater necessity than when it was first declared.

The House assembled on the 16th of July, and took the messages from the Governor and members of his Majesty's Council into considera

tion. Mr. Grasett, after a long speech in condemnation of the Governor's proceedings, moved the two following resolutions :—

"Resolved, 1st, That the answer of his Excellency the Governor to our resolutions and address of the 18th day of June is unsatisfactory, and highly disrespectful to this Honourable House.

"Resolved, 2ndly, That the grounds for continuing martial law from the 21st to the 25th of April, contained in the answer of the members of his Majesty's Council to the resolutions and address before-mentioned, were not sufficient to justify the same, no such circumstances existing at the time, by their own showing, as the law requires to sanction such a measure."

The Speaker in a conciliatory speech regretted the unhappy dissensions which had arisen between the branches of the Legislature: he considered that, having passed the resolutions of the 18th of June, the House could not expect a different answer. Barbados had not alone suffered under similar hardships (oppression it could not be called, no loss of life or other serious evils having resulted), as in every British colony and island in those seas the commander had proclaimed martial law, and kept it in force much longer than in this island, without the inhabitants grumbling at it. He considered therefore the proposed resolutions superfluous; and as the Governor had declared that he was even then ready to explain, if properly called upon, he rather wished to see a reconciliation effected than the breach rendered wider. The resolutions were passed however by a majority of fourteen to four.

In an answer to the address which the House had presented, the Governor observed that, without wishing to irritate, he considered it necessary to explain that his answer was not founded on any objection to the style of the address, but to the direct implication of criminality against him contained in it; and though he entertained the highest respect for the privileges of the House, he could not forget that he had the prerogatives, rights and dignities of his royal master to protect. Without denying their right to institute any inquiry, he declined to admit the principle that liberty of speech involved a right of using that liberty in any other than that dignified, temperate and respectful language which was due from one branch of the Legislature to another. "The Governor (concludes the message) always was, and now is, when he is addressed in a manner that he can attend to, ready to give every constitutional information in his power." Lord Seaforth's proceedings were fully approved of by the Crown, and on addressing the new Assembly on the 1st of July 1806, he observes:-"I am instructed that the preservation of his Majesty's prerogative of declaring martial law is essentially necessary towards this end, as without that power no security can be had for the safety of the colony."