Under the various revolutions and calamities which had thus attended this unfortunate plantation, it may well be imagined, that cultivation had made but little progress in it; but although order and submission were at length introduced by the establishment of the royal authority, various causes concurred to keep the colony in a state of poverty and depression for many years afterwards. Even so late as 1700, if Raynal has been rightly informed, the island contained no more than 251 whites and 525 blacks; who were employed on three plantations of sugar, and fifty-two of indigo.

After the peace of Utrecht, the government of France began to turn its attention towards her West Indian possessions. Grenada however, for many years, partook less of its care than the rest. It had no constant correspondence with the mother country: some oppressive regulations of the farmers-general ruined the cultivation of one of its staples, tobacco: and the planters had not the means of obtaining a supply of negroes from Africa, sufficient for the purpose of cultivating sugar to any extent. These inconveniencies led them into a smuggling intercourse with the Dutch: a resource which at length changed their circumstances for the better; increased their numbers, and occasioned a great part of the country to be settled, insomuch that when, in the year 1762, the fortune of war made the English masters of this and the rest of the French Charaibean islands, Grenada and the Grenadines are said to have yielded annually, Vol. II.

7

in clayed and muscovado sugar, a quantity equal to about 11,000 hogsheads of muscovado of 15 cwt. each, and about 27,000 lbs. of indigo.

Grenada surrendered on capitulation in February 1762, and with its dependencies, was finally ceded to Great Britain, by the definitive treaty of peace at Paris on the 10th of February 1763; St. Lucea being restored at the same time to France. The chief stipulations in favour of the inhabitants, as well by the treaty, as by the articles of capitulation, were these; 1st. That as they would become by their surrender, subjects of Great Britain, they should enjoy their properties and privileges, and pay taxes, in like manner as the rest of his majesty's subjects of the other British Leeward Islands. 2dly. With respect to religion, they were put on the same footing as the inhabitants of Canada, viz. liberty was given them to exercise it according to the rights of the Romish church, as far as the laws of Great Britain permitted. 3dly. Such of the inhabitants of Grenada, as chose to quit the island, should have liberty so to do, and eighteen months should be allowed them to dispose of their effects.

The island and its dependencies being thus become a British colony, one of the first measures of government was to issue a proclamation under the great seal, bearing date the 7th of October 1763, wherein, amongst other things, it is declared, " that "all persons inhabiting in, or resorting to, the island of Grenada, might confide in the royal

"protection for the enjoyment of the benefit of the "laws of England, with the right of appeal to the king in council, as fully as the inhabitants of the "other British colonies in America, under the

66

king's immediate government."-It also sets forth," that the king, by letters patent under the "great seal, had given express power and direction "to the governor, as soon as the state and circum"stances of the colony would admit thereof, with "the advice and consent of the council, and the representatives of the people, to make, constitute, ❝ and ordain laws, statutes, and ordinances for the "good government thereof, as near as may be "agreeably to the laws of England, and under such regulations and restrictions as are used in the "other British colonies."

This proclamation was followed by another, dated the 26th of March 1764, inviting purchasers upon certain terms and conditions.

The governor thus said to have been appointed, was general Melville, whose commission however did not bear date until the 9th of April 1764, and the assembly which he was directed to summon, met for the first time in 1765; previous to which, the British inhabitants were irresistibly called to the discussion of the great constitutional question; of which it is proper I should now give some account.

The question arose from the information, that the crown, conceiving itself entitled by the terms

1

of the capitulation to the duty of four and an half per cent. upon all produce exported from the newly ceded islands, as paid at Barbadoes, &c. had issued letters patent, bearing date the 20th July 1764, ordering and directing, by virtue of the prerogative royal, that from and after the 29th of September, then next ensuing, such duty or import in specie, should be levied in Grenada; in lieu of all customs and duties formerly paid to the French king.

We have seen, in the history of Barbadoes, in what manner the inhabitants of that island became subject to the duty in question; and to what purposes the money was expressly stipulated to be applied; but unjustifiable as were the means by which that imposition was originally established in Barbadoes, the grant was, apparently, the grant of the people themselves, by their representatives in their legislative capacity, Even Charles the IId. in whose reign the grant passed, though a rapacious and unprincipled monarch, did not openly claim the right of laying taxes by his own authority in a colony which had an assembly of its own, competent to that purpose. The king was ready enough to over-awe, or to corrupt the members which composed that assembly; but he left them the form and semblance at least, of a free government.

In defence of the present measure it was urged, that Grenada being a conquered country, the king was invested with the power of putting the inha

bitants under what form of government he thought best; that he might have granted them what terms of capitulation, and have concluded what articles of peace with them he saw fit; and further, that the assurance to the inhabitants of Grenada, in the articles of capitulation, that they should enjoy their properties and privileges in like manner as the other his majesty's subjects in the British Leeward Islands, necessarily implied, that they were bound to submit to the same consequences of their being subjects as were submitted to by the inhabitants of those islands; one of which was the payment of the duty in question. It was said therefore, that the demand of this duty was most reasonable, equitable and political; for that it was only putting Grenada, as to duties, on the same footing with all the British Leeward Islands. If Grenada paid more, it would be detrimental to her, if less, it would be detrimental to the other Leeward islands.

On the other side, it was contended, that the letters patent were void on two points, the first was, "that although they had been granted before the proclamation of the 7th of October 1763, yet the king could not exercise such a legislative power over a conquered country." The second point that although the king had sufficient power and authority, before the 7th of October 1763, to do such a legislative act, he had divested himself of such authority previous to the letters patent of the 20th of July 1764."

was,