460. LIEUTENANT-GOVERNOR MYERS TO EARL CAMDEN

(Extract)

Barbados, September 30, 1804

I have also the honour to inclose observations on the Colonies of Demerara and Essequibo, handed to me by Mr. Dalzell [the Deputy Commissary of Accounts for the Colony]. Should your Lordship not before be in possession of information on the subject equal to what these observations contain, you will find them of interest and importance. They are the result of information obtained from several persons in those Colonies best entitled to give them.

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Inclosure: OBSERVATIONS ON THE COLONY OF ESEQUIBO AND DEMERARY.

From Abari to Mahaica . . . 20 miles.

Mahaica to Demerary River. . . 28 miles.

Demerary River to Esequibo River 18 miles.

Esequibo River to Poumaron. . . 45 miles.

Poumaron River to Morucco. . . 12 miles.

Total 123 miles

It is intersected by the River Demerary, Esequibo, and Poumaron, and by several navigable creeks and canals. In the mouth of the Esequibo there are several large cultivated islands.

In the islands of the Esequibo they are in sugar.

From the west side of Esequibo River to Cape Orane they are in coffee, sugar and cotton; and fro Cape Orange, alongst the Araibish or Tiger coast, as far as there are Settlements towards he post at Morucco, they are in cotton.

 461. GOVERNOR CARMICHAEL TO EARL BATHURST

Demerary, January 18, 1813

My Lord,

Upon receipt of your Lordship's letter of the 25th November respecting the Indians, I immediately applied to Mr. Edmonston, one of the oldest settlers in their vicinity, and who holds the appointment of Protector; a gentleman highly esteemed by the whole Colony, and for whom the different tribes of natives have great respect and affection, having served under him with fidelity in a very dangerous insurrection in the year 1795.

I beg leave to submit to your Lordship Mr. Edmonston's replies to my application for information respecting any Treaty with the Indians, as to annual subsidies or presents agreed to be continued to them.

About two months after this, five chiefs of the Arowauks, with their followers came down the Demerary; as their tone and demeanour seemed to be more peremptory than the Caribs, expressing a jealousy of the presents they had received, and threatening to make war and sell their prisoners for slaves, I told them at their peril to attempt anything of that kind, and informed them they could not now receive anything, but if at any future time it was thought proper to call for them, notice would be given to Mr. Edmonston, their Protector, and the gratuity or presents would depend upon good behaviour. This gentleman informed me that he explained the matter to them afterwards more fully and that they were perfectly satisfied.

As the articles sent for to England were taken by American privateers off the coast, and afterwards retaken and brought to this Colony, I purpose seeing a proportion of them personally delivered to the Chiefs, and your Lordship's instructions fully explained and impressed upon them.

Mr. Waterton, a, gentleman that l have taken the liberty to mention to your Lordship in a separate letter, is also the bearer of this, and better acquainted for some years with the natural habits and dispositions of the Indians than any other person in this Colony. . .

(Signed) HU. LYLE CARMICHAEL

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Inclosure: MR. EDMONSTON TO MR. EYRE (ASSISTANT GOVERNMENT SECRETARY)

Georgetown, January 18, 1813

Though my appointment as Protector of the Indians is of no more than three or four years' standing, yet I have been in the habit of calling, on the behalf of Government, for the assistance of the Indians at different periods since the year 1795, during which space of time I know of no Treaty or Agreement with the Chiefs of Indian tribes implying anything of the nature of subsidy or tribute; nor in my intercourse with these nations was I ever authorized by this Government to make any promise of the kind though I know, from a residence of thirty-three years in the country, presents were generally made by the Dutch Government, and as often expected.

It was not, I believe, thought expedient to repulse them suddenly. They were in consequence told that, though the Government could never recognize a claim of the nature made by them, yet, that in consideration of their wants, and the great distance they came, some presents would be sent for to England, if they would be content to wait their arrival, but on condition that for the future no such demand should be attempted. This kind of accommodation had its immediate inconvenience, for the Indians more immediately in our neighbourhood, and generally more serviceable and friendly, became jealous of the reception given to foreigners, and it therefore became necessary to appease their discords by promising them a show of the European presents when they arrived here.

In justice to the Indians generally, I never had occasion to call for their services but when they attended with great alacrity.

I am greatly obliged to his Excellency for the obliging manner he has been pleased to notice my humble services in quelling disturbances in the Colony...

(Signed) CHARLES EDMONSTON

Protector of the Indians

 462. ACTING GOVERNOR CODD TO EARL BATHURST

Demerara, September 26, 1813

(Extract)

The first head of expense in the abstract is that connected with the Indians, amounting to 82,850 fr., or 6,904 [pounds] sterling for 1811; and 61,348 fr., or 5,112 [pounds] sterling in 1812, in both of which years, it is true, extra expenses were incurred. It is, however, obvious that our Colonies are tributaries to the Indians; whilst the proper system of policy would be to make them allies, looking to us for protection; and whilst living within our territories, affording them such as we might conceive they deserve, the quantity of rum and sugar issued tending to render them almost useless; for my part, I think the whole present Indian system requires to be reconsidered.

I have the honour to inclose the last instructions issued to the Post-holders.

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Inclosure: INSTRUCTION FOR THE POST-HOLDERS WITH THE INDIANS IN ESSEQUEBO AND DEMERARY

Article 1. The Post-holder shall keep an accurate journal of his proceedings and of all occurrences at the post.

Art. 2. He shall transmit quarterly a copy of this journal to the Protector of his district.

Art. 3. In case of any extraordinary occurrence at or near the post, he shall immediately acquaint therewith the Protector.

Art. 4. He shall take care to keep the past in good order, and he shall use his utmost exertions to attach to the post the Indians who call upon him, or who live in his vicinity.

Art. 5. He shall endeavour on all occasions to prevent misunderstandings or quarrels between the several Indian tribes, and where any such exist, he shall exert himself to restore peace.

Art. 6. When required by the Protector he shall be obliged to repair to him without loss of time, and to execute promptly any orders he may receive from the Protector.

Art. 7. He shall not permit any persons, whether white, free, coloured, or negroes, to pass the post, unless they show him a pass, either from the Governor-General, or from the Commander of the Essequebo, or from one of the Protectors of the Indians, the latter being empowered to grant such passes, which must always specify the reason why the persons therein named are to go beyond the post.

Art. 8. If any person, not provided with such a pass, should attempt to pass the post, the Post-holder shall be authorised, and is even obliged, to detain such person or persons, and to bring them to town before the Governor or the Commander; at the same time giving notice to the Protector.

Art. 9. But to persons having a proper pass, he shall give every assistance in his power towards forwarding the business they are upon.

Art. 10. He shall not be allowed to carry on any traffic, nor shall he compel the Indians to sell to him the articles they bring down, but he shall suffer them to proceed without any molestation whatever in their trade. Any articles bought from them he shall cause to be duly paid for.

Art. 11. He is on no account to compel the Indians to do any job or work of whatever nature for him.

Art. 12. He shall not take or appropriate to himself the property of the Indians, much less their wives and children, on pretence of their being indebted to him, even in case of an Indian having had goods from him on credit, and refusing to pay for the same. The loss arising therefrom to be for the Post-holder.

Art. 13. Should any Indian apply to him with complaints for ill-treatment against other persons, he shall repair with such Indian to the Protector, who will then examine and inquire into the complaints and give redress if the case requires it, all exclusive of the action which the Fiscal might think proper to bring against the offender or offenders.

Art. 14. Any white or free coloured person about the post who might be desirous to have an Indian woman to live with him, shall acquaint therewith the Post-holder, who is then to wait on the Protector with such woman, and her parents or nearest relations in order the Protector may be enabled to inquire and ascertain whether such cohabitation takes place with the free consent of the parents, and whether the woman be not engaged to some other Indian, and the Protector is then either to sanction or to refuse such cohabitation as he may think right.

Art. 15. Should the Post-holder be desirous of employing any Indians for clearing wood, or for fishing or paddling his boat, he shall be at liberty to hire them for that purpose, with the consent of the Protector, who shall previously inquire whether such engagement has been entered into voluntarily, and who will at the same time inform the Indians that if they are not duly paid as agreed upon, they may complain to him.

Art. 16. He shall be present at the annual distribution of presents to the Indians.

Art. 17. He shall apply from time to time to the Protector for the rum he may want for the purpose of giving a dram to the Indians who call upon him.

Art. 18. In case of Indians paying the post to go down the river, the Post-holder shall recommend to them to wait on the Protector.

Art. 19. The Court of Policy reserve the right of at all times altering and amending the present instruction as they may see proper.

Done this 15th May, 1803.

(Signed) A. MEERTENS

By command:

(Signed) P. F. GINNE, Secretary

463. LIEUTENANT-GOVERNOR CODD TO MAJOR-GENERAL MURRAY

King's House, Demerary, November 9, 1813.

(Extract)

Soon after you left us for Berbice I received various communications from the Arabian coast tending to excite alarm at the state of insubordination of the negroes upon a few estates on that coast. I deemed it best to inquire into the matter on the spot.

I beg leave also to state to you what steps I have taken as Governor on this occasion, and what are my further intentions.

I have also ordered the Post-holder Linau, at Moroco, to come up with selected Indians, and I intend making him scour the woods between the Arabian coast and the Pomeroon, with a view to dislodge any runaway negroes who may have established themselves there, and at the same time to remains close to the disaffected estates during the Christmas; and as the negroes will then know their retreat to the woods is cut off, an armed force on the coast, and the Whites prepared, I cannot believe we shall have any disturbance. As Christmas approaches I also intend to select some Essequebo Indians and scour the back settlements of the left bank of that river till they meet Linau's Indians.. The Post-holder Wahl is, I fear, too old for this service, but I shall provide a substitute.

The militia establishment, you are aware, requires much reform; some estates on the Arabian coast last militia inspection had no white persons upon them. I have directed the 2nd Fiscal to enforce the law against them.

The Major Commanding being without much weight in the community, though I understand a very good man, I have deemed it necessary to fill up the vacancy of Lieutenant-Colonel for Essequebo, by the appointment of Lieutenant Colonel Macrae, who formerly commanded the Demerary militia with the same rank. I have also, with a view to get the militia near this coast in a state of forwardness and preparation, filled up the vacant majority of the 1st Battalion by appointing thereto Captain Peter McGarell, though he is only 2nd Captain in the battalion, Captain Tuckerman being represented to me as not only having less zeal, but also lives at such a distance, being a wood-cutter, that the whole battalion are incommoded by the time lost in labour and boats to send their Returns.

In the Name of the Most Holy and Undivided Trinity.

The United Provinces of the Netherlands, under the favour of Divine Providence, having been restored to their Independence, and having been placed by the loyalty of the Dutch People and the achievements of the Allied Powers, under the Government of the Illustrious House of Orange; and His Britannic Majesty being desirous of entering into such arrangements with the Prince Sovereign of the United Netherlands, concerning the Colonies of the said United Netherlands, which have been conquered by His Majesty's Arms during the late War, as may conduce to the prosperity of the said State, and may afford a lasting testimony of His Majesty's friendship and attachment to the family of Orange, and to the Dutch Nation; the said High Contracting Parties, equally animated by those sentiments of cordial good will and attachment to each other, have nominated for their Plenipotentiaries, namely:

His Majesty the King of the United Kingdom of Great Britain and Ireland,

And His Royal Highness the Prince of Orange-Nassau, Prince Sovereign of the United Netherlands, His Excellency Henry Fagel, His Ambassador Extraordinary and Plenipotentiary at the Court of His Britannic Majesty:

ARTICLE I.

His Britannic Majesty engages to restore to the Prince Sovereign of the United Netherlands, within the term which shall be hereafter fixed, the Colonies, Factories, and Establishments which were possessed by Holland at the commencement of the late War, viz., on the 1st January, 1803, in the Seas and on the Continent of America, Africa, and Asia; with the exceptions of the Cape of Good Hope and the Settlements of Demerara, Essequibo, and Berbice, of which Possessions the High Contracting Parties reserve to themselves the right to dispose by a Supplementary Convention, hereafter to be negotiated, according to their mutual interests, and especially with reference to the provisions contained in the VI^th and IX^th Articles of the Treaty of Peace, signed between His Britannic Majesty and His Most Christian Majesty, on the 30th May, 1814.*

ARTICLE II.

His Britannic Majesty agrees to cede in full Sovereignty the Island of Banca, in the Eastern Seas, to the Prince Sovereign of The Netherlands, in exchange for the Settlement of Cochin and its Dependencies on the Coast of Malabar, which is to remain in full Sovereignty to His Britannic Majesty.

ARTICLE III.

The Places and Forts in the Colonies and Settlements, which by virtue of the two preceding Articles are to be ceded and exchanged by the two High Contracting Parties, shall be given up in the state in which they may be at the moment of the signature of the present Convention.

ARTICLE IV.

His Britannic Majesty guarantees to the Subjects of His Royal Highness the Prince Sovereign of the United Netherlands, the same facilities, privileges, and protection, with respect to Commerce and the security of their property and persons within the limits of the British Sovereignty on the Continent of India, as are now or shall be granted to the most favoured Nations.

His Royal Highness the Prince Sovereign, on his part, having nothing more at heart than the perpetual duration of Peace between the Crown of England and the United Netherlands, and wishing to do his utmost to avoid any thing which might affect their mutual good understanding, engages not to erect any Fortifications in the Establishments which are to be restored to him within the limits of the British Sovereignty upon the Continent of India, and only to place in those Establishments the number of Troops necessary for the maintenance of the Police.

ARTICLE V.

Those Colonies, Factories, and Establishments, which are to be ceded to His Royal Highness the Sovereign Prince of the United Netherlands by His Britannic Majesty, in the Seas or on the Continent of America, shall be given up within 3 months, and those which are beyond the Cape of Good Hope within the 6 months which follow the Ratification of the present Convention.

ARTICLE VI.

The High Contracting Parties, desirous To bury in entire oblivion the dissensions which have agitated Europe, declare and promise, that no Individual of whatever rank or condition he may be, in the countries restored and ceded by the present Treaty, shall be prosecuted, disturbed, or molested in his person or property, under any pretext whatever, either on account of his conduct or political opinions, his attachment either to any of the Contracting Parties, or to any Government which has ceased to exist, or for any other reason, except for debts contracted. towards Individuals, or acts posterior to the date of the present Treaty.

ARTICLE VII.

The Native Inhabitants and Aliens, of whatever Nation or condition they may be, in those countries which are to change Sovereigns, as well in virtue of the present Convention as of the subsequent arrangements to which it may give rise, shall be allowed a period of 6 years, reckoning from the exchange of the Ratifications, for the purpose of disposing of their property, if they think fit, whether it be acquired before or during the late War, and of retiring to whatever country they may choose.

ARTICLE VIII.

ARTICLE IX.

The present Convention shall be ratified, and the Ratification shall be duly exchanged at London, within three weeks from the date hereof, or sooner if possible.

In witness whereof, we, the undersigned Plenipotentiaries, in virtue of our respective Full Powers, have signed the present Convention, and have affixed thereto the Seals of our Arms.

Done at London, this 13th day of August, 1814.

(Legal Seal) CASTLEREAGH

(Legal Seal) H. FAGEL

*****

ADDITIONAL ARTICLES

ARTICLE I.

In order the better to provide for the Defence and Incorporation of the Belgic Provinces with Holland, and also to provide, in conformity to the 1X^th Article of the Treaty of Paris, a suitable compensation for the Rights ceded by His Swedish Majesty under the said Article, which compensation, it is understood, in the event of the above Reunion, Holland should be liable to furnish, in pursuance of the above stipulations; it is hereby agreed between the High Contracting Parties, that His Britannic Majesty shall take upon himself, and engage to defray the following charges:

1. The payment of 1,000,000 pounds sterling to Sweden, in satisfaction of the Claims aforesaid, and in pursuance of a Convention this day executed with His Swedish Majesty's Plenipotentiary to that effect, a Copy of which Convention is annexed to these Additional Articles.

2. The advance of 2,000,000 pounds sterling to be applied, in concert with the Prince Sovereign of the Netherlands, and in aid of an equal sum to be furnished by him, towards augmenting and improving the defences of the Low Countries.

3. To bear equally, with Holland, such further charges as may be agreed upon between the said High Contracting Parties and their Allies, towards the final and satisfactory settlement of the Low Countries in union with Holland, and under the dominion of the House of Orange, not exceeding, in the whole, the sum of 3,000,000 pounds sterling, to be defrayed by Great Britain.

In consideration, and in satisfaction of the above engagements as taken by His Britannic Majesty, the Prince Sovereign of The Netherlands agrees to cede in full Sovereignty to His Britannic Majesty, the Cape of Good Hope, and the Settlements of Demerara, Essequibo, and Berbice, upon the condition, nevertheless, that the Subjects of he said Sovereign Prince, being Proprietors in the said Colonies or Settlements, shall be at liberty (under such regulations as may hereafter be agreed upon in a Supplementary Convention) to carry on trade between the said Settlements and the Territories in Europe of the said Sovereign Prince.

It is also agreed between the two High Contracting Parties, that the Ships of every kind belonging to Holland, shall have permission to resort freely to the

Cape of Good Hope for the purposes of refreshment and repairs, without being liable to other charges than such as British Subjects are required to pay.

ARTICLE II.

The small District of Bernagore, situated. close to Calcutta, being requisite to the due preservation of the peace and Police of that City, the Prince of Orange agrees to cede the said District to His Britannic Majesty, upon a payment of such sum annually to His Royal Highness as may be considered, by Commissioners to be appointed by the respective Governments, to be just and reasonable, with reference to the profits or revenue usually derived by the Dutch Government from the same.

ARTICLE III.

The present Additional Articles shall have the same force and validity as if they were inserted word for word in the Convention signed this day. They shall be ratified, and the Ratifications shall be exchanged at the same time and place,

In witness whereof, we, the undersigned Plenipotentiaries, have signed and affixed to them the Seal of our Arms.

Done at London, this 13th day of August, 1814.

(L.S.) CASTLEREAGH

(L.S.) H. FAGEL

465. LIEUTENANT-GOVERNOR SIR B. D'URBAN TO EARL BATHURST

Demerary, May 16, 1827.

(Extract)

There is a legally-appointed Protector of Indians for each of the six rivers: Mahaiconey, Mahaica, Demerary, Boerasirie, Essequebo, and Pomeroon, under whose immediate orders post-holders act. The Inclosures . . . are respectively the Commissions and instructions under which the Protectors act, and I am not aware what warrant or what instructions can be more formal or conclusive. They are chosen from the most respectable gentlemen of the nearest districts to the respective Indian residences and although they receive no salary, yet their responsibility is apparent and unquestionable.

The Court were also of opinion that Mr. Hilhouse's influence and instigations would unsettle the minds if the Indians, and render them dissatisfied, and they earnestly requested me to take the necessary measures for restricting Mr. Hilhouse from further intercourse with them.

These were men of local experience, and their apprehensions appeared to me reasonable. I therefore withdrew from Mr. Hilhouse his provisional appointment of Quartermaster-General of Indians by the communication No. 5,* issuing at the same time to the different Protectors the instructions No. 6* in order to insure its being effectually fulfilled.

By these proceedings it is probable that Mr. Hilhouse may have felt, himself disappointed and discontented; for it is clear from the Paper marked (B)* of the Inclosure No. 4 that he had proposed to become Chief of all the Indians, to receive regular pay and employment as a British officer, and to have the disposal of disbursement of 10,000 guilders a year.

For some time, however, I heard nothing of him, but towards the middle of the last year I found that he had commenced to reside upon the Crown lands on the Upper Essequebo in the division Massaroony, and that the result of his residence there was considerable agitation and dissatisfaction among the Indians of that river.

In consequence l directed the Second Fiscal, with reference to my communication to Mr. Hilhouse of 1824 (Inclosure No. 5*), to give him warning that such a residence would not he permitted, and to direct him to remove.

* [Not printed]

*****

Inclosure 1: POST-HOLDER'S INSTRUCTIONS, AS ENACTED BY THE HONOURABLE COURT OF POLICY ON THE 14TH MAY, 1803.

[See Inclosure in No. 462]

*****

Inclosure 2: EXTRACT FROM INSTRUCTIONS FOR THE PROTECTORS OF INDIANS.

1. The Protectors of Indians will, to the utmost of their power, give effect to, and enforce among their respective post-holders a strict and diligent observance of the Instructions originally issued on the 18th May, 1803, and subsequently reprinted and issued afresh by authority on the 2nd May, 1815. And in case of any post-holder abusing his trust, or being negligent or remiss in the discharge of his duties, as prescribed by the above Instructions, the Protector of the district will make a special and immediate report to the Lieutenant-Governor (or Commander-in-chief for the time being) in order that, if necessary, the said, post-holder may be removed from his office and replaced by another person.

King's House, August 10, 1894.

466. LIEUTENANT-GOVERNOR SIR B. D'URBAN TO VISCOUNT GODERICH

King's House, Demerara, October 18, 1827.

My Lord,

The local circumstances of this Colony are so peculiar that the only approximation I can make to the information desired is to send your Lordship a sketch defining generally the boundaries, rivers, and principal divisions of it, with the number and general lines of position of the respective estates possessed by individuals; every other part of it is Crown land.

I have endeavoured to make the explanations upon, and attached to, the sketch,* as full as the nature of the subject admits of, or seems to require; and I have added to it schedules of such portions of Crown land as are under periodical or provisional licence of occupation, to different inhabitants, for wood cutting, and provision lands, and paying a certain yearly quit-rent into the King's chest.

The country possessed by individuals is (as the yellow-coloured portion of the sketch will show) a narrow border of the alluvial soil along the coasts and rivers' banks; all else belongs to the Crown.

I have, etc.

(Signed) B. D'URBAN,

* [Not reproduced]

*****

Inclosure: MEMORANDUM

This sketch* embraces all the cultivated and occupied portions of the Colony of Demerary and Essequebo, but it would have made it of an inconvenient size, and would probably have been of no essential utility to have extended it to all the boundaries of the Colony.

On the north, the sea coast, from the mouth of the Abary to Cape Barima, near the mouth of the Orinoco.

On the west, a line running north and south from Cape Barima into the interior.

On the south, the Portuguese frontier, in that district of it which is called the Government of Rio Negro, and which may be generally defined by a line running east and west along the ridge which Humboldt called the Cordillera of Parima, separating the two systems of rivers flowing respectively northward into the valleys of the Orinoco and Essequebo, and southward into that of the Amazons.

On the east, the Abary River, from its mouth, as far as its course extends, and thence in a southerly direction to the Portuguese frontier before mentioned. Precision in this last boundary-line is of the less consequence since it borders on the sister British Colony of Berbice, which has the River Courantyn for its eastern boundary, and which, with Demerary and Essequebo, now form British Guyana.

With the exception of the estates situated along the sea coasts and rivers' banks, as indicated in yellow on the sketch, every other part of the Colony is Crown land, and at His Majesty's disposal; and even of the portion so indicated, several parts are Crown land, consisting of those in the schedules (X) and (Y)** annexed, which are held from the Crown for wood cutting or provision lands, upon provisional licences, and pay a certain quit-rent into the King's chest.

it will be obvious, from the peculiar local and other circumstances of this Colony, that the extent and situation of its Crown lands will not admit of any more precise Returns than are contained in this sketch with its accompanying explanations.

Demerary, October 18, 1827

** [Not reproduced]

My Lord,

l have the honour herewith to transmit a duplicate of the indictment, sentence, and Judges notes upon the trial of an Indian recently convicted of murder, before the Criminal Court of Justice of the Colony, and condemned to death, but recommended by the Court to His Majesty's mercy.

The evidence and the notes of the learned Judge are so clear as to require no elucidation upon my part, but I request withal, to submit. to your Lordship, that His Majesty may be moved to direct such a commutation of the capital sentence as may remove the prisoner for ever from this country, because at whatever distance of time he might return hither, the nearest of kin to the murdered woman then alive would feel himself bound to avenge her, and this man would infallibly be put to death in consequence. . .

(Signed) B. D'URBAN

*****

Fiscal v. Billy William, an Indian.

With regard to the power of the Court, the argument will resolve itself into the consequences that follow from the fact of the spot, where the act was committed being within the territory of Great Britain. If it be so, the place is occupied under a grant from the Crown, built on and cultivated by the grantee, who carries on a trade there.

I think, therefore, the jurisdiction of this Court extends to the trial of this offence, and although I should not stretch the law to avoid any evil consequences which might arise from the contrary conclusion, but rather propose an enactment to meet them (if, indeed that would be lawful), should the above reasons not be valid, it may strengthen the former argument to point out some of the anomalies to which a determination that this offence could not be here tried would directly lead. The first and most obvious is the existence of two absolute and independent criminal jurisdictions in the same territory, the one for Indians, the other for Europeans and Blacks. The claim is that the prisoner is not subject to be tried under our criminal laws, and it seems to be founded on the fact of its being an Indian that he killed; whether rightly or wrongfully killed does not affect the question, for without jurisdiction we have no power to investigate the matter, and it will scarcely be urged that this Court can try whether a person killing another was justifiable by the Indian laws, and declare it, according to those laws, justifiable homicide. But further, if for the murder of an Indian this man cannot be tried, by what process of reasoning the Court claim jurisdiction over an Indian killing a white or black man? He may have Indian customs to show the propriety of his conduct, and unless these tribes are subject to the governing powers of the Colony they are governed by their own laws, and in such a case the offender must be submitted to their operation. The murder of an Indian by a white or black man would no doubt be by us punished with death. These wild untutored savage tribes are domiciled amongst us, receive the benefit and protection of our laws, and must, in my judgment, be subject to the restraints and punishments which those laws adopt for the prevention and punishment of crimes. With regard to the individual before us, the wild state of barbarianism in which he has lived, the faint and vague impression of his own customs probably prevailing in his mind, and the suspicions he may, from the character of the woman, have entertained of his wife (however unjust on the present occasion), may perhaps weigh with the Court (should it find him guilty) to recommend to the Governor to exercise the only power he possesses in such a case, to leave the execution or mitigation of the sentence to the merciful consideration of His Majesty's Government.

I added that should such recommendation be sent to His Majesty's Advisers, I should also suggest for their consideration whether the wound was sufficiently described in the indictment, although in my opinion it is, and particularly so under the Rules and Orders of the Criminal Court of this Colony.

A true extract:

(Signed) CHARLES WILDAY

Deputy Secretary

468. LIEUTENANT-GOVERNOR SIR B. D'URBAN TO VISCOUNT GODERICH

King's House, British Guiana, November 26, 1831.

(Extract)

I have had the honour to receive your Lordship's despatch of the 21st July last,* concerning the Indian convict "Billy William."

Having reflected upon the great difficulty in disposing of him at all satisfactorily, I thought it expedient to avail myself of the counsel of Mr. Bagot (the Second Fiscal, and Protector at Indians, upon the Essequebo and its branches), whose sound judgment and extensive knowledge of the Indian tribes generally; and whose acquaintance with both those involved in this case particularly, as well as with the immediate parties concerned, and the case itself, in which the original examinations were all taken before him, pointed him out as especially fit to afford me useful suggestions thereon.

I accordingly sent your Lordship's despatch for his confidential perusal. His answer very clearly and justly states the position of the matter with its attendant difficulties; and it is certain that there is no alternative, consistent with this Indian's personal safety, but to keep him in prison until some convenient occasion may present itself of bestowing him where he may be able to provide for his subsistence, out of reach of those by whom he is held in feud, and who, although they would be perfectly satisfied if he were hanged by our laws, yet would not think themselves the less bound to sacrifice him, if he should have escaped alive from their operation.

About three years ago, Mr. Armstrong had been sent out by the Missionary Society to act as a catechist and schoolmaster to the negroes upon two adjoining estates in Essequebo, whose proprietors had jointly desired to have such an instructor; and on his arrival, I had licensed him to act in that capacity, which he continued to do accordingly, until, in the course of the last year, some change, I believe, in the property of those estates (at any rate, no fault upon his part) put an end to his further employment there, and he then .went to pass some months upon the Upper Essequebo and Massarooney Rivers.

On his return from that excursion, the Rev. Mr. Strong (Rector of the Parish of St. Michael in this Colony, and an exemplary and invaluable parochial clergyman) mentioned him to me as a proper person for making the attempt (which he knew I had very much at heart) of establishing the germ of some instruction for the Indians in the districts Mr. Armstrong had been visiting.

I commissioned Mr. Strong, therefore, to communicate with Mr. Armstrong upon the subject; the result will be found in the correspondence between Mr. Strong and Mr. Armstrong, Mr. Bagot, and myself, and in my consequent licences granted in furtherance of the measure. A subscription was then set on foot in the Colony in aid of the undertaking, and Mr. Armstrong has been established ever since near the Indian post, upon the confluence of the Essequebo and Massarooney, under the care and protection of Mr. Bagot generally, and immediately of Mr. Richardson, the resident Post-holder there, who has received my special instructions to that effect.

Mr. Bagot's Reports will, I think, have shown your Lordship that protection is afforded to the Indians by the Magistrates of the Colonial Government, and that they willingly avail themselves of it, and are not altogether ignorant of the penalties of our criminal code, since they are disposed to rely upon them for the punishment of great crimes committed amongst themselves, and they will rely upon them provided they see that they are effectual, as, for instance, in the case of Frederick (which is therein stated), but it may be well apprehended that, if this be not the case, it they see that from whatever cause our laws suffer such a murderer to escape with impunity, they will cease to resort to their interference, and resume their habit of seeking their own vengeance, which indefinitely perpetrates mutual bloodshed.

Mr. Bagot has justly said that "we have not dispossessed the Indians of their territory," they occupy it as freely and uninterruptedly for every purpose which is essential or agreeable to them, as if we had never come hither (by the way we only succeeded to the place of the Dutch), but the tribes who live within reach of civilization, derive most solid and important benefits from our regular and constant assistance, as your Lordship may in some degree gather from the Report No. 5* and its inclosures, which also estimates their past and present numbers; (those, moreover, whose purposes of traffic bring them to Georgetown, where there are quarters provided for them, and rations issued) and triennial presents also distributed at the posts on the rivers.

and the description of all things furnished has been carefully adapted to their wants, habits, and expectations.

* [Not Printed]

*****

Inclosure 1: MR. BAGOT TO LIEUTENANT-GOVERNOR SIR B. D'URBAN

Weist Deeven, September 21, 1831.

My dear Sir Benjamin,

Your letter of the 13th instant, with the despatch of the Secretary of State, came to me on the evening of the 15th instant, a few hours after our boat had started for town, and I have not had an opportunity of forwarding a reply to it till now.

From the despatch of my Lord Goderich, it would appear that there is a want of information at the Colonial Office on the subject of the relative situation of the Indians of these settlements with the Colonial Government; and your Excellency would, in my opinion, be doing a service to the former, and but justice to the latter, by informing the Secretary of State more minutely on the actual relations subsisting between them.

This is perhaps the more necessary at this point, as unfortunately I have, within a. few days had to send up another Indian for trial on a charge of the murder of two individuals, his wife's father and mother.

I have thrown together a few observations on this (to me at least) very interesting subject, and with reference to my Lord Goderich's despatch, which, if at all acceptable to your Excellency, I shall be most happy to lay before you...

(Signed) GEO. BAGOT

*****

Inclosure 2: MR. BAGOT TO LIEUTENANT-GOVERNOR SIR B. D'URBAN

Essequebo, September 20, 1831

(Extract)

As there appears to be a want of information in the mother-country on the situation of the Indians inhabiting the districts of British Guiana, especially with respect to their relations with the Government of that Colony, I have thought it might not be unattended with advantage to throw together a few observations on their actual situation, illustrated by facts and occurrences that have fallen under my own knowledge, and which I beg leave to submit to your Excellency.

2. In consequence of the trial before the Court of Criminal Justice of this Colony of an Indian (Billy Williams) for the crime of murder, a question was started whether crimes committed by the Indians properly came within our jurisdiction?

4. Let us then, inquire whether protection has been afforded to the native inhabitants of these settlements, and I shall endeavour to prove not only that protection is, and has long been, afforded to the Indian tribes, but that the are sensible of it and satisfied with it.

5. In every district of the Colony where Indians reside an officer is appointed, who is selected from amongst the most respectable proprietors, whose very title "Protector of Indians" proclaims the duties which he has to perform. To him it belongs to receive the complaints which Indians may have to prefer against not only, as I conceive, any of the other inhabitants, but also against each other, and use every legal method to procure redress of their grievances.

6. In each of those districts is also a Post-holder, receiving a salary from the Colonial Government, and residing at situations more immediately in contact with the Indians, who are chiefly, though not exclusively, appointed for the purpose of assisting the Protectors in their care of the Indians, as appears by the instructions for those officers, and who are therefore placed under the immediate superintendence of the Protectors.

7. That such protection has been promptly and effectually afforded, and been relied on by the Indians, can be proved by the production of innumerable instances. I shall, however, only encroach on your Excellency's time by stating a few which have come under my own immediate view, and I shall begin with the case before us, that of Billy Williams.

8. As soon as he had committed the crime which he was aware had placed his life in danger, he first fled into the woods, but, being pursued, he made his way to Mr. Timmerman, the Protector of Indians of the district in which he lived. The family of the murdered woman pursued him there, and demanded that he should be surrendered to them, which was, of course, refused by the Protector. The family then proceeded to the office of the Second Fiscal, and stated the circumstances, demanding justice against the accused, and expressing themselves satisfied and desirous that he should be dealt with according to our laws.

9. During the period I have held the office of Second Fiscal, three or four cases somewhat resembling this have been brought before by the Indians, although this was the first of them that was brought to trial, various causes having intervened with respect to the others. Three of these cases I distinctly remember.

10. In one of them the slayer (like Billy Williams) had fled to the Protector Timmerman, and the friends of the deceased went in like manner to demand the person of the accused from him, and on refusal came to my office to demand justice according to our laws. While I was collecting the necessary evidence to bring the accused to trial, the friends of both parties (through the intervention of Mr. Timmerman) came to a good understanding together, and eventually applied to me to stop the proceedings which, with the approbation of the Lieutenant-Governor Murray and Mr. President Henry (the case not being attended with any circumstances of peculiar atrocity), I accordingly acceded to.

11. In both the other cases the accused were brought bound before me by the Indians themselves; one of these cases was also compromised, and made up among the friends of the accused and those of the deceased; and as it appeared clearly a mere manslaughter in an affray, I did not hesitate to let it drop also. The other appeared to be a case of deliberate and atrocious murder, and the culprit would have been brought to trial, but he made his escape from prison and I never heard more of him.

12. I am extremely sorry to have to add to this catalogue of crime one of a recent date, and of a very dark complexion. The accused, an Arrawaak Indian named Frederick, was brought before me by the Post-holder of Essequebo a few days since, and is now in gaol to await his trial.

13. In all these cases the offence has been of Indian against Indian, and yet your Excellency will observe that in every one of them they were satisfied that the accused should be dealt with according to our laws, and in three of the five cases they showed their decided preference to that course being pursued, as they had it in their power to have acted otherwise, from all which it is evident they rely on, and receive protection from us.

14. While Frederick was in confinement here several of the Indians of his own nation came to me and requested to see him, and having been indulged, they one and all returned to me and expressed their satisfaction that he was to be tried, adding their hopes that he would be hanged.

15. I have no hesitation in asserting, and my intercourse with, and knowledge of the Indians enables me to do so with confidence, that they, and especially those who reside nearest to our settlements, consider our taking upon ourselves the decision of cases of this nature as the greatest favour we can do them.

16. I have another and a strong instance not only of their willingness but of their desire tn have their death feuds taken up and settled by us. Your Excellency will recollect, about five years since, my having reported to you a feud of this nature being carried on up the Essequebo, when the respective parties, which were both hotly numerous, had stockaded themselves, and having, with your Excellency's sanction, sent a deputation to invite both parties to come down to me with the view of having their quarrel adjusted. The Chiefs of the respective parties came down accordingly, each attended by about thirty able warriors; they were all of the Accawaii nation, but of different tribes or families. The quarrel arose by an Indian of one of the families having been killed by one of the other, who, in his turn, was put to death, and his death again revenged, until the law of retaliation produced its ordinary result in the death of several innocent persons on both sides. They expressed their readiness to submit their quarrel to my decision as their Protector, but demanded what they should do in similar cases in future. I asked them if they would agree to bring the individual who should again kill one of the other party and give him up to be tried by our laws, to which the Chiefs having first communicated with their respective parties, readily, and to all appearances, joyfully assented. The Chiefs having eaten bread and drank wine together then placed their marks to a Treaty of Peace and Alliance which I had drawn up and explained to them, and which I have every reason to believe they have faithfully observed, having heard of no feud or quarrel between them since.

17. That the Indians receive effective protection where offences are committed against them by other persons than Indians, the records of our Courts of Justice will clearly show. From my jurisdiction I have sent forward within the last two years three cases for trial for offences against the persons of Indians. The first was a charge against two negroes of Mr. Mackay, a woodcutter up the Essequebo, for the murder of an Indian. The prisoners, I believe, were acquitted for want of sufficient evidence. The second was also a charge against a negro for causing the death of an Indian in a scuffle. The third was against a white man for a violent assault upon the person of an Indian, by pouring rum on his head and setting fire to it, by which he was severely burned. This case is still pending.

18. Various instances may be adduced of their having applied to me, as well as to the other Protectors, where offences of a minor nature have been committed against them, and I feel confident their complaints have been always properly attended to, and they have seldom failed of having redress. Indeed, your Excellency can bear at least a negative testimony to the correctness of this statement by the absence or paucity of complaints brought by the Indians before you, for they are well aware that your Excellency's ear is open to them, should they in vain seek redress through their constituted Protectors.

19. Thus it is evident that effective protection has not only gone hand in hand with the operation of the criminal law, as relates to the Indians, but has, in fact, preceded it, and such being tho case, I, as a warm friend of the Indian tribes of these Colonies, am, for their own sakes, anxious to see the Empire of the law established among them, to guard them from the effects of their own unruly passions, and to prevent the commission of crime, and especially of the crime of murder, indeed the only one to which they are at all addicted.

20. Fears have been expressed that the natives have to this day received no compensation for the lands we have dispossessed them of. However honourable their feeling may be, as expressive of a high sense of justice, it is, in like manner, grounded on a want of sufficient information as well of the localities as of the measures of the Colonial Government; for, in the first place, the Indians can scarcely be said to be dispossessed of the lands we cultivate, as it is well known that they never inhabited or cultivated the lands along the sea-shores, nor even those lands on the banks of the rivers which are selected for cultivation by the European settlers, but, on the contrary, they always choose the sandy soils, which with scarcely any labour than that of clearing off the wood produces one, two, and sometimes three good crops of their esculent roots, but which is totally unfit for the culture of our staple productions. And, in the second place, your Excellent is well aware, the Colony pays annually a considerable sum for allowances and rations to the Indians, dealt out to them whenever they think proper to visit the town, or to call on any of the Protectors or Post-holders on their journeyings through the country; and besides, every third year a large amount is expended for the triennial presents. Thus it is proved that they have not been dealt with unjustly, and that compensation has been and is continued to be made.

*****

Inclosure 3: REV. J. ARMSTRONG TO LIEUTENANT-GOVERNOR SIR B. D'URBAN

St. Matthew's Parish, Parsonage House, Demerary, February 14, 1831.

(Extract)

According to your Excellency's request communicated to me by the Rev. Leonard Strong, I give you the following statement of the free coloured people

and Indians residing up the Essequebo River as far as they have come under my observation, also my purpose concerning them.

Their local situation is unfavourable to settling up either the Essequebo or the Massaroony since there are a considerable number of inhabitants on each branch of the river. From this circumstance, with other observations and inquiries I made when there, I conceive that the point of juncture, between the Essequebo and the Massaroony, would be the most convenient situation for my residence and proposed school for their children, that I may be equally useful to the free coloured and Indians of both rivers.

*****

Inclosure 4: [LAND GRANT]

By his Excellency Major-General Sir Benjamin D'Urban, K.C.B., etc., Governor and Commander-in-chief in and over the Colony of British Guiana, etc.

(L.S.) (Signed) B. D'URBAN

Whereas application has been made to me by the Rev. Leonard Strong, rector of St. Matthew's Parish, praying that I would grant into the Church Missionary Society a certain tract of Crown land, being 300 roods depth on the missionary side of the point called "Bartica Point," for the purpose of establishing a Mission to the free coloured and Indians in that neighbourhood.

I do hereby grant unto the said Rev. Leonard Strong, for and on behalf of the said Church Missionary Society, this my licence and permission to take possession of and occupy the said hereinbefore-mentioned tract of Crown land for the purposes aforesaid, during His Majesty's pleasure.

Given under my hand and seal of office, at the King's House in Georgetown, British Guiana, this 10th day of August, 1831, and in the 2nd year of His Majesty's reign.

By his Excellency's command,

(Signed) T. C. HAMMILL,

Acting Government Secretary

(Charge of Murder of two Indians.)

St. Matthew's Rectory, Demerary, February 12, 1833.

(Extract)

In compliance with your Excellency's wishes, I now endeavour to lay before you a brief summary of the proceedings and prospects of the Mission to Indians inhabiting the Essequebo and Massaruni Rivers, commenced with the year 1831, under the kind auspices of your Excellency, by Mr. John Armstrong, Missionary Catechist from the Church of England Missionary Society. His primary object upon receiving the grant of land from your Excellency on Bartica Point was the erection of a suitable building for the assembling of a congregation, and instruction of children, and his own residence, which he has effected in the completion of a building 40 feet square, and which has ever since been in use for the above purposes. During the time occupied in this, and cleaning some roods of land from the trees and brushwood that covered it, Mr. Armstrong seized every opportunity of gaining the confidence of the Indians, whom he chiefly employed, and laying before them the simple purpose of his taking up his residence among them.

As soon as the building was completed, Mr. Armstrong opened it for Divine Worship every Sunday, and it has ever since been attended by the neighbouring free coloured people to the average number of fifty or sixty, besides occasionally a few Indians. Mr. Armstrong has also regularly visited settlements of Indians in the Essequebo and Massaruni Rivers alternately every week, expounding the Scriptures and explaining the fall, the nature, and the condemnation of sin, with the redemption of mankind, to some in English, to others through an interpreter in the creole Dutch; he does also visit their sick, attend funerals, and furnish them with medicines. The great obstacle that presents itself to be overcome is the ignorance of the Indian languages. Some of them can converse fluently in the creole Dutch, but three tribes of Indians immediately contiguous speak diverse languages, so that having become the master of one, it is little or no assistance to the acquirement of another. Your Excellency is also fully aware how thinly scattered the Indians are on the banks of these rivers and their tributary streams. The scattered settlements until you advance far to the interior varying from four to eight, twelve, twenty, thirty, or upwards, in the number of their inhabitants.

Mr. Armstrong being extremely desirous of visiting the settlements situated higher up the river, in the month of September last proceeded in his canoe five days' journey up the Cuyuni River, but for the want of provisions was obliged to return. He met with many Indians who were extremely friendly and fully aware of his purposes to instruct them and their children. He conversed with some, who came they said from a settlement of 200. about five days' journey higher up the river, under the rule of a Chief who had emigrated from Venezuela; they also stated that he and they wished for a teacher or dominie to reside with them. Three Indian boys then petitioned their parents for permission to accompany Mr. Armstrong down the river and reside with him at the Mission house, to which they readily conceded, and the children are at present with him.

In December last the Mission daily school at Bartica consisted of 14 children, 7 of whom were Indians, 2 Caribs, 2 Ackawois, 3 Arrowhawks, being some of each tribe, speaking their several languages, and thus affording Mr. Armstrong the opportunity not only of acquiring mainly words in such languages, but also giving him the hope, under Divine blessing, of training up future interpreters to their respective nations. I should add that one of these boys, an Arrowhawk Indian, is reading in his English Testament and writing copies in a book.

In December last an additional missionary arrived from the Church Missionary Institution at Islington to join Mr. Armstrong at Bartica Point, to which situation your Excellency was pleased upon application to licence and appoint him, i.e., Mr. Thomas Youd. Since which time Mr. Armstrong has determined on leaving the station at Bartica Point. under the charge of Mr. Youd, and proceeding himself up to the head of the Essequebo River in order to ascertain the exact situation of that more numerous and powerful tribe of Indians, the Macoosie nation, as also to make known the glad tidings of the Gospel, and endeavour to obtain their good-will for the settlement of missionaries among them.

From the experience of the Moravian missionaries during their labours among the Indians in Berbice and Surinam, the greater part of the last century (as already laid before your Excellency), we perceive that there are no great difficulties placed before zealous and persevering missionaries on the part of the Indians themselves, and from the testimony of a gentleman who has lately visited the Indians in the Oronook, and on the Spanish frontier, at the head of' the Massaruni and Cayuni Rivers, I learn that at one time there were no less than 20,000 Indians assembled to profit by the instructions of the Spanish priests, but that frog the lack of proper instruction and care, their numbers are reduced to 8,000, now settled in Venezuela, chiefly at the head of the Cayuni River.

471. GOVERNOR CARMICHAEL-SMYTH TO MR. STANLEY

Camp House, Demerara, November 9, 1833.

(Extract)

I beg, however, to suggest respectfully to you that the Lords Commissioners of the Admiralty may be applied to direct the return of Captain Owen to this station to survey the Essequebo and the Berbice Rivers, the first of which, in particular, is very little known, and is said to flow in a variety of branches through a very beautiful country, offering great facilities for future cultivation.

472. LIEUTENANT-GOVERNOR CARMICHAEL-SMYTH TO MR. SPRING-RICE

Camp House, Demerara, September 17, 1834.

(Extract)

With reference to the Memorial of Mr. William Hillhouse dated the 26th February, and forwarded to me in your despatch of the 30th July, l have the honour to report as follows.

2. On the 28th October, 1833, about eleven months ago, I received a Memorial from the Rev. Mr. Hynes, a Catholic clergyman residing in Georgetown, wherein he stated that between 300 and 400 Spanish Indians had been settled for some time (about twelve years it appears) upon the Morocco Creek, within the territory of this colony; that he had lately had occasion to visit them; that he had baptized seventy-eight of their children and united two couple in matrimony; that the said Spanish Indians were desirous of having a Catholic priest resident amongst them; that he entreated of me to assist them in procuring a Catholic priest and in granting to him a salary; that the said priest would be the proper person to exercise civil as well as religious authority over his flock; and that k until such a priest could be procured, he requested that some lay person might be appointed to take charge the Spanish Indians in question. He also requested that a certain tract of country, the boundaries of which he described, might be granted for the use of the said Catholic Indians.

3. In my reply to the Rev. Mr. Hynes, which is dated the 29th October, the very next day to the date of his Memorial, I informed him that I would give the subject an early consideration; that I would order due inquiry to be made with respect to the people in question; that l could not immediately say what it might be proper to do; but that the interests of humanity required that these Indians should not be allowed to relapse into barbarism.

The (at that time) Acting Colonial Secretary, Captain Hammill, published without any particular instructions from me, the application from the Rev. Mr. Haynes for the grant of land for these Catholic Indians. All applications for grants of land are published, as a matter of course, in the Royal Gazette in order that parties interested in opposing such grant may have an opportunity of stating their objections. It appeared upon investigation that the extent of ground applied for amounted to no less than 1,250 square miles. My answer to this part of the proposition, and which answer is dated the 17th January, 1834, was that I could not entertain such a petition. That sufficiency of ground to build a chapel and a small village for the creole Spanish refugees might have been taken into consideration, but the province asked for was beyond all bounds.

4. In the meanwhile, in compliance with my answer of the 29th October, to the Rev. Mr. Hynes' Memorial of the preceding day, I sent Captain Tonge, the Post-holder of the Pomeroon post (situated about 30 miles from the Morocco Creek) to inspect the Indian establishment in question, and to report to me fully upon he subject according to instructions with which he was furnished. Captain Tonge was, moreover, intrusted with a commission for the Senior Morocco Indian, Captain Juan Louis Aquilar appointing him to be Captain of the Morocco Indians. Captain Tonge's Report to me is dated the 22nd February, and is a plain manly document. I beg to inclose a copy of it. Upon receipt of this Report I ordered on the 11th March a grant to be made out, but only to the limited extent as recommended by Captain Tonge for the use of these Morocco Indians. The grant I directed to be made out in the names of the Sheriff for the time being of the Essequibo district, of the Protector of Indians of the Pomeroon district (which includes the Morocco Creek) for the time being, and of the Post-holder of the post at the Pomeroon for the time being. These gentlemen are to have and to hold the grant for the use of the Indians inhabiting the country in the neighbourhood of the Morocco Creek, subject to such rules, regulations, and enactments as at present are in force, or in future may be ordained by the Governor and the Court of Policy upon the subject.

5. In further explanation of the subject, I beg to lay before you an extract of a Minute of mine, dated the 29th March, and addressed to the Acting Colonial Secretary, and which will explain my views as to the future steps to be taken with these Morocco Indians. I also beg to refer you to the documents included inclosed in my despatch No. 20 of the 1st September, wherein you will perceive that I have expressly solicited the aid of two additional catechists or assistants for the Catholic priest, in the same manner and to the same extent as that of any other clergyman and church within the Colony. A perusal of these documents will, I trust, bear me out in the assertion that I have not been actuated by any spirit of bigotry, and that I have not been indifferent to the fate of these Indians; that I have granted them as much land as they could reasonably require; that I have appointed one of themselves under a Special Commission to be their Captain and Magistrate; that I have applied for additional religious instructors of their own persuasion; and that I have placed them under the charge and superintendence of the nearest Protector of Indians and of the nearest Post-holder, the latter of whom has been moreover instructed to visit them periodically. I have refused the grant to the ridiculous extent as applied for, and I have declined granting to the Catholic priest any civil authority.

I beg to return Mr. Hillhouse's Memorial.

*****

Inclosure 1: MR. TONGE TO MR. HAMMILL.

Pomeroon, February 22, 1834.

Sir,

I have the honour to state, for the information of his Excellency the Lieutenant-Governor, that, in compliance with his commands, I proceeded upon the 19th instant up Morocco Creek to the residence of Captain Juan Aguilar, and having collected as many of the Indians as the unfavourable state of the weather would permit, I first explained, and then presented in form, his Excellency's Commission to Captain Juan, and have pleasure in stating that it was universally received with respect and gratitude.

After this ceremony I proceeded to examine into the difference between Captain Juan and the man Iös Moreno, alias Pepi, but, finding neither party anxious to push matters further, I had the satisfaction in a few minutes to see them shake hands with great apparent cordiality, and I trust the affair will here terminate. I, however, consider it but justice to Captain Juan to add that his statement of Moreno being an interloper, and having come to his settlement without a pass, is not untrue, as it has been clearly proven to me, and confessed by Moreno himself, that he only came to Morocco from Demerary for the first time in June last, and has since been living with an old Indian woman, whose young daughter he has lately taken as a wife. His statement to Colonel Croal of having resided sixteen years in the creek, and having a large family, is consequently a falsehood.

With respect to the "distance and means of communication between the post and Morocco Creek," you will be pleased to inform his Excellency that from the post to Juan's settlement, to the best of my judgment, it does not exceed 30 miles, and that I performed the journey in a comfortable tent corial with great ease in six hours and-a-half, including a rest of three-quarters-of-an-hour on the way.

I have further to state, for the information of his Excellency, that Juan has abandoned the intention of building the church on the east bank, and has erected the frame within 50 yards of his own house on the west bank of the creek; and if I should not be considered presuming in venturing an opinion, I humbly think that if his Excellency were to grant a tract of land of certain depth from about a mile or two above the church, extending down the west bank as far as Para, or even as far as Himara Creek* (as laid down in Hillhouse's Chart), it would be amply sufficient for all the purposes Captain Juan or his people can require. . .

(Signed) BONNELL TONGE

*****

Inclosure 2: EXTRACT OF A MINUTE TO GOVERNMENT SECRETARY, DATED MARCH 29, 1834, BY THE LIEUTENANT-GOVERNOR.

The thing is in itself so preposterous and extravagant that it will not bear a moment's consideration.

In my reply of the 17th January I have said to Mr. Hynes that enough ground to construct a chapel and a small village might have been taken into consideration, and a part of sufficient extent for the above purposes, and for that of raising sufficient food for these Indians is in progress, and that the grant will be vested in the proper official gentlemen as trustees for the Indians.

(Signed) J. CARMICHAEL-SMYTH

473. COLONIAL OFFICE TO FOREIGN OFFICE

Downing Street, March 6, 1840.

(Extract)

I am directed by Lord John Russell to request that you will submit for the consideration of Viscount Palmerston the accompanying copy and extract of despatches which have been received from Mr. Light, the Governor of British Guiana.

I am to request that you will observe to Viscount Palmerston that Lord John Russell considers it to be important that the boundaries between British Guiana and the conterminous territories should be ascertained and agreed upon if possible, and that Mr. Schomburgk's researches in those parts, which were conducted under the direction of the Royal Geographical Society with the aid of Her Majesty's Government, have qualified him in a peculiar manner to be of use should the services of any person acquainted with the geography of British Guiana, be required for the delimitation of the British territory.

*****

Inclosure 1: GOVERNOR LIGHT TO THE MARQUESS OF NARMANBY.

July 15, 1839

(Extract)

In my despatch dated the 1st September, I alluded to a communication from Mr. Hillhouse that a large tract of land between the Pomaroon and the Orinoco was the resort of smugglers and refugees, and was independent of control either by the British or Colombian authorities; I was desired by Lord Glenelg, in the despatch which I have named above, to make inquiry into the truth of this statement; I accordingly directed the Superintendent of Essequibo, Mr. Crichton, to extend his researches to the Orinoco; the result has proved the incorrectness of Mr. Hillhouse's assertions, and given me valuable information.

Mr. Crichton left Georgetown on the 25th January, ascended the Essequibo to Ampa, below the confluence of the Massaruni, and arrived at the post on the Pomaroon on the 18th February, from which place he proceeded to the Morocco Creek or River; here he found the communication between the Wyana and Barima Rivers was from the long-continued drought nearly dry; he was therefore obliged to risk the passage to the Wyana by sea, hazardous in the frail canoe or corrial used by the Superintendents, but fortunately unattended by disaster in this instance. Having arrived at the Wyana, he ascended it to the mouth of the Annow distant 200 miles from the sea, visiting the Indian settlements as he proceeded, as also those at the head of the latter river, whence he returned to the Baramany, ascending this to the Biara Creek; thence he went to the Indian settlements on the Assacotta Creek, connecting his present route from the Wyana eastward to a point he had described in a previous Report as being his westward course from the head of the Moroco Creek. He retraced his steps downward on the Wyana to the mouth of the Moco Creek, considered by him as a mouth of the Barima discharging itself into the Wyana within a short distance of the sea; he ascended the Moco to the Indian settlements at Onobre, having previously visited a portion of the Aruca River, a tributary of the Barima; the inland water communication through the savannah with the Wyana is about fifteen minutes' paddling above the settlement at Onobre, but at that time impassable from the drought,

The banks of these rivers, as far as they were followed by Mr. Crichton, are entirely covered by the spring tides, and during the rainy season the low grounds must be entirely flooded and unfit for cultivation; the hills and rising grounds, which take the direction of the various rivers and creeks at greater or less distance from the banks, are generally good soil, superior in its character to that of the high grounds on the Essequibo River below the falls, and surpasses even that of the high grounds of the Pomaroon, having successive crops of cassava and plantains, and well adapted to coffee cultivation.

Mr. Crichton had communications with Indian Captains of the various tribes or nations inhabiting that part of the country through which he passed, who all concurred in declaring there are none but Indians resident on any of the rivers or tributary creeks; it appeared from their information that the Colombian authorities exercised no jurisdiction further eastward than the Amacura Creek, which empties itself into the sea half-way between the mouth of the Barima River and the Orinoco, having a mainland water communication with the latter. Mr. Crichton found that all the Indian Captains on the Wyana and Barima, including those on the left bank of the Barima with their tributary creeks, have received their insignia of command, and presents when that custom prevailed, from this Colony, and one and all look for its protection.

In the tracts thus described there is a numerous population of Indians, consisting of Warraus, Accaways, Claribissee, and Arrowaaks, the former in largest numbers. The absolute possession of these tracts would be advantageous to the Colony, without interfering with the rights of the Colombian Government, which are only assumed for the purpose of pressing Indians into coerced labour at an arbitrary tariff of wages, and from which the Indians seek refuge within the acknowledged limits of British Guiana.

At the mouth of the Wyana is a bank of sea-shells of considerable extent, a great portion of which is now above the highest watermark, covered with herbage, and might be converted into a good military post. The tract of coast extending eastward from this bank to the Moroco bank, a distance of 100 miles, comprises a belt of rich alluvial soil, fit for cultivation, but without any inlet from the sea with the exception of one small creek. The interior is savannah, flooded in the rainy season, but interspersed with sand-hills covered with wood, which are in many places the seats of Indian settlements, especially on the hills following the course of the Moroco and the creeks connecting it with the Baramary, which takes its rise according to the Indians in a large lagoon in the centre of the alluvial belt above mentioned, and not laid down in any map.

lf this territory be left to the Colombian Government, a fertile region would be out of the pale of possible civilization, and a large number of human beings now looking on the English as their natural protectors would be subjected to arbitrary and oppressive rule. The Indians are fully aware of the emancipation of the labourers, they no longer fear compulsion, they have found the Superintendents of Rivers and Creeks, in their office of Superintending Magistrates, upholding all their just claims for labour performed, and are thus disposed to hire themselves on the wood-cutting establishments on the Pomaroon. They are almost the only workmen; the black population, so far from flying into the interior, have returned to the more civilized. parts of the province whence as slaves or apprentices they had been brought. But the same love of original location has prevented the black labourers of two coffee estates on the Pomaroon from removing, though cut off from the rest of the estates by water and wood.

Under the impression that as civilization has begun amongst the aborigines, that the British nation alone can protect them, I cannot too strongly urge the immediate decision of the limits of British Guiana. The views of Mr. Schomburgk can be traced with accompanying map, and much of Mr. Crichton's route on that published by Mr. Hillhouse some years ago, which, though not apparently laid down by astronomical observations, yet shows the position of the several rivers west pf the Pomaroon, though defective as to the creeks. Mr. Schomburgk's merits as a geographer will naturally point him out as a fit person to be employed in any Commission for question of boundary.

*****

Inclosure 2: MR. SCHOMBURGK TO GOVERNOR LIGHT.

Georgetown, July 1, 1839.

(Extract)

Although the Boundary Commission, under Pontes Leme and D'Almeida de Serra may have visited Lake Amucu, and pronounced the Rupununi, and the mountain range which to geographers is known under the name of Sierra Pacaraima to be the [actual] boundary, they had neither the consent of the British Cabinet nor that of the French.

In 1781 the Colonies of Essequibo and Demerara were placed under the protection of Great Britain; in 1783 the French took temporary possession of the whole Dutch Settlements, which in 1796 surrendered to the British forces under Sir Ralph Abercrombie; and after having been restored to the Dutch by the Treaty of Amiens in 1802, they were again taken possession of by England on the breaking out of the war in 1803, and finally ceded to that Empire, by an Additional Article to a Convention signed at London 13th August, 1814. This retrospect proves that, during the period the demarcation of the Brazilians took place, the Colony was held by Great Britain, France, and Holland, and no Commissioners of these great Powers were present, in order to give consent to the extraordinary pretensions of the one-sided and self-elected Brazilians Boundary Commission.

Moreover, I have been informed that the Commander of the expedition, which, by appointment of the Colonial Government of British Guiana, proceeded in 1810 into the interior, in order to inquire into the disputes among the native tribes, ordered a boundary pale to be planted at Pirara.

Of equal importance is the determination of the western boundary of British Guiana, the limits of which have never been completely settled. The Dutch, when in possession of the Colony, extended their sugar and cotton plantations beyond the River Pomaroon. They recognized neither the mouth of the River Pomaroon nor that of the Moroco, where a military fort was established as the limits of their territory. They had even occupation of the eastern banks of the small River Barima (before the English, in 1666, had destroyed the fort of New Zealand, or New Middleburg), which miliary outpost they considered to be their western boundary. When the settlements were in the possession of the Netherlands the present countries of Demerara and Essequibo were divided into the Colonies of Pomaroon, Essequibo, and Demerara (vide Hartsinck, "Beschryving Van Guiana", Amsterdam, l770, vol. 1, p. 257).

My deductions from the different circumstances to which I have attempted to draw the attention of your Excellency are that it is practicable to run and mark the limits of British Guiana on the system of natural divisions, and that the limits thus defined are in perfect unison with the title of Her Britannic Majesty to the full extent of that territory.

That a strong recommendation be forwarded to the Home Government, urging the paramount necessity of determining the limits of British Guiana by actual survey under a Commission appointed for that object, and empowered to plant along the extent of that line, at the most remarkable points, such monuments as are not likely to be quickly destroyed, either by the influence of weather or violence, such points, for better security's sake, being fixed with astronomical precision.

That as it would be insufficient to the future security of the boundary to run the limits of the Colony of British Guiana upon ex parte authority, necessary steps might be taken to obtain the consent and concurrence of Holland, the Brazils, and the Republic of Venezuela, to institute a Boundary Commission.

If this be acceded to, the actual survey may be commenced immediately.

474. FOREIGN OFFICE TO COLONIAL OFFICE

Foreign Office, March 18, 1840.

(Extract)

I am directed by Viscount Palmerston to acknowledge the receipt of your letter of the 6th instant, relative to the expediency of an arrangement being made with the Brazilian, Venezuelan, and Netherland Governments by which the boundaries of British Guiana may be accurately defined.

475. GOVERNOR LIGHT TO COLONIAL OFFICE

Mr. Light's compliments to Mr. Stephen, and transmits, according to the request of Mr. Stephen, a copy of the Report of Superintendents of Rivers and Creeks, from which Mr. Light took the information contained in the despatch connected with Mr. Schomburgk's Memoir. No copy of the Superintendent's Report was sent with that despatch.

Government House, Demerara, April 18, 1840.

*****

Inclosure: EXTRACT OF REPORT

To his Excellency Henry Light, Esquire, Governor and Commander-in-chief in and over the United Colony of British Guiana, Vice-Admiral and Ordinary of the same, etc.

The Report of William Crichton, Superintendent of Rivers and Creeks for the county of Essequebo, on a Memorandum of William Hilhouse, etc.

Respectfully sheweth:

That your reporter left Georgetown on the 25th day of January last for the Ampa post in the Essequebo, and after visiting the Masseruni, he departed for the Pomeroon post, where he arrived on the 18th February . From whence he departed on the fallowing day for the Indian settlement in the Morocco Creek, and on arriving at the residence of the late Indian Captain Juan, he learned that the inland water communications with the Wyena and Barima Rivers were so nearly dry that only a very small corial could proceed.

He was therefore compelled to reduce his baggage and provisions and return to the mouth of the Morocco and proceed from thence to Wyena by the sea coast.

He ascended the Wyena River, visiting the Indian settlements, to the month of he Annow Creek, a distance of nearly 200 miles from the sea, and thence to the Indian settlements near the head of that creek and returned to the Baramany Creek, which he ascended to the Biara, up which he proceeded to the Indian settlements in the Assacuta Creek, thereby connecting his present route from the Wyena River eastward with the termination of his journey from the head of the Morocco Creek, going westward on his last visit in December last. He then descended the Wyena to the mouth of the Moroco Creek, which may properly be termed a mouth of the Barima discharging itself into the Wyena River within a very short distance of the sea, which he ascended and continued his route to the Indian settlement at Onoboe, having previously visited a portion of the Aruca, a tributary of the Barima. The inland communication with the Wyena through the savannah is about fifteen minutes' paddling above the settlement of Onoboe, at present dry.

The banks of these rivers as far as your reporter proceeded, are covered by the spring tides, and during the rainy season the low grounds must be entirely flooded and unfit for cultivation except on the hills and rising grounds which take the direction of the various cre