mitted to his majesty's arms, by virtue of the powers in me vested I hereby appoint you, John Nihell, to be chief magistrate, chief judge, and auditor, during his majesty's pleasure, in and over the whole and every part of the said island; and I hereby require and command you to do and execute all things in due man. ner that shall belong to those different offices agreeable to the instructions and powers which shall by my order be given you by lieut. col. Picton, whom I have appointed governor of the said island, and which instructions and powers shall have the full force as if signed by myself. No provision having been made by the late capitulation for continuing the Spanish form of law in the administration of justice in this island, and that form of law HAVING BEEN CONTINUED solely by my circular letter to the captains of quarters and other magistrates; in order to avoid the confusion which may arise from too strict an adherence to the forms of that law, under an English government, particular directions will be given you in your instructions from colonel Picton, to explain fully my meaning and intention in this parti cular. And whereas, I have thought it necessary to remove from his office, the late assessor general, and do not think proper to appoint any other person to that office; I hereby direct you to proceed in all civil and CRIMINAL CAUSES without an assessor, however contrary this may be to the Spanish forms of law. And I hereby declare that all sentences thus passed or signed by you, without an assessor, shall have the same force, and must be carried into execution in the same manner as if the same had been signed by an assessor. And whereas several complaints have been made to me of great extortions, and unnecessary accumulations of law proceedings in order to increase the fees of escrivanos, procuradors, and other officers of justice; I hereby charge and command you to pay particular attention to the curtailing and simplifying all law suits, and to bring every process to as speedy a conclusion as the nature of the cause will admit, agreeable to the dictates of your own conscience and judgment, and the instructions which you shall receive from colonel Picton, however contrary to the practice of the tribunal under the former government. And I hereby give you full power and authority to deprive of their employment any escrivano, procurador, or other officer of your tribunal, whenever you find them, or any of them, guilty of extortion, malpractices in their offices, or disobedience of your orders. In civil causes it shall be left to the option of either party to appeal from the sentence of your tribunal to the king and council, provided the

cause in litigation amounts to the value of five hundred pounds sterling. In criminal causes the appeal shall be to the governor, and no sentence shall be executed till approved by him.

Given under my Hand and Seal at Port of Spain, Trinidad, this first day of March, 1797.

(Signed) RA. ABERCROMBY, L. G.

Place of the Seal.

By Command of his Excellency.
(Signed)

FREDERICK MAITLAND,
Secretary.

TRINIDAD. I certify the within to be an extract and true copy of the commission given to me by Sir Ralph Abercromby, which I have in my possession. JOHN NIHELL,

Chief Justice, 22nd July, 1805.

EXHIBIT G.

[Vide antè p. 311.]

Head Quarters, Trinidad,

1st March, 1797. Sir;-Lieutenant colonel Maitland having laid before me your letter and paper containing notes relative to the office of chief magistrate, which is continued in you, in consequence of the proclamation issued for the maintenance of the former laws of the colony, until his majesty's pleasure is known:

I have the honor to return you such answers as the occasion calls for, directing you at same time to consider this letter as your sufficient authority for acting according to the directions contained in it. As it has been necessary to remove the person who filled the office of auditor and assessor, and that no proper person can be at present found to succeed him, you will in all civil causes previously convene three of the most intelligent and upright men in the colony, or consult any able lawyer, and having received their opinion upon such points as you want, proceed upon their judgment to give sentence on the case. In criminal cases, an appeal lies to the go

vernor.

With respect to the chief magistrate's salary, I am sensible of the propriety and even necessity of making a just provision on this head; although it is my wish, as much as possible, to reduce fees in general, yet certain limited ones will be authorized Lieut.-col. Picton will be directed to ascertain the amount of what these may be, and such addition shall be made as is proper. At all events you may rest assured that a competent allowance shall be paid you for your service to

:

Don Joseph Maria Angeles, licentiate in divinity, beneficed priest, and parish curate, and military chaplain to the new colonists in the windward island of Trinidad, and to the ancient inhabitants of the port of Spain in the same island:

I certify in the best possible manner, and that may legally avail, that in the register book of the baptisms solemnized by my predecessor, in the parish church of the Port of Spain, added to my cure lately or some time back by his Catholic majesty, there is inserted an entry at over leaf of fo. twenty six, and numbered three, whose tenor, faithfully transcribed, is as follows:

"On the twenty-third day of August, "in the year one thousand seven hun"dred and eighty six, I, father Joseph "Antonio Alvarado, assistant curate "of the parish church of the Port of "Spain, do certify, that in the said pa"rish church I solemnly baptised and ❝ anointed with oil, Santiago, ten days "old, the son of Donna Maria Ygnacia "Ravelo; the godfather and godmo"ther were, Don Luis Centeno de "Brito, and Donna Bernarda Joaquina "Yro, to whom I explained their obli "gation and spiritual relationship; and "that the same may appear, I sign " hereto and attest the same.

FATHER JOSEPH ANTONIO ALVARADO." The aforegoing is conformable to the original, from whence I have caused it to be extracted word for word, and thereto in every respect I refer myself and that the same may avail, I grant these presents at the solicitation of the legitimate party. Done in the port of Spain, at my usual place of residence, this day, being the sixteenth day of August, in the year one thousand eight hundred, and hereto sign my name.

Father JOSEPH MARIA ANGELES,
B. P. P. C. & M. C.

EXHIBIT I.

[Vide antè p. 324.]

The beneficed priest, Don Pedro Josef Reyes Bravo, proprietary curate of Santa Rosa de Arima, curate ad interim of the city of San Josef de Oruna, and vicar with set jurisdiction out of the Episcopal court of this windward Island of Trinidad, &c.

I certify, by order of his excellency the president of the court of session, that, in one of the parish-books of the Port of Spain, with a white parchment cover, at folio eighty-nine, is inserted an entry of baptism, the tenor of which is as follows: "Luisa, an infant, natural daughter of Maria del Rosario Calderon, a native of Cariaco, in the province of Cumana, on the continent or Terra Firma; she was born on the twenty-fifth day of August, in the year one thousand seven hundred and eighty-eight, and baptised this day, being the eleventh day of September in the same year, in this rector's church of the Conception of the Virgin Mary, being the parish church of the Port of Spain; the godmother was Luisa Villega, a free mulatta, in company with Juan Santiago Bacuba, a free mulatto, who were duly instructed with their spiritual relationship, and their other duties contracted on so solemn an occasion; said infant was, agreeable to the forms and ceremonies of the Roman ritual, baptised solemnly by the beneficed priest, Don Esteban Aneses y Aragon, assistant curate of the aforesaid parish church, by my licence and permission, in quality of military curate and parish rector of the new colonists, in the windward Island of Trinidad, and of the ancient inhabitants of the Port of Spain, by appointment of his catholic majesty, which I attest.

B. JOSEPH MARIA ANGELES." The aforegoing is a copy of the original, from whence I extracted it,and compared it; the same is true and exact, and in one hand-writing; and it is to be observed, that the said register is become unbound and unsewed, as also that there are entered in the said book all the baptisms of whites and people of colour, both free and slaves; and at the same time, the words "Dado et certificado a ella." (or in English) "Certificate granted to her," are written on a line that is usually drawn at the conclusion of a signature, and above there is another line in the manner as before described and shown. And that the same may avail, I sign these presents, referring myself at the same time to the original, in this Port of Spain, on the sixteenth day of August, one thousand eight hundred and five. (Signed) PEDRO JOSEF REYES BRAVO.

EXHIBIT K.

[Vide antè p. S24.]

The beneficed priest, Don Pedro Josef Reyes Bravo, proprietary curate of Santa Rosa de Arima, curate ad interim of the city of San Josef de Oruna, and vicar with set jurisdiction out of the episcopal court of this windward Island of Trinidad, &c. &c.

I certify, at the request of his excellency the brigadier-general Don Thomas Hislop, president of the Court of Session, under date of the twenty-second day of July, in the year one thousand eight hundred and five, that in one of the parishbooks of the Port of Spain, delivered by father Don Josef Maria Angeles, bound in yellow parchment, wherein are inserted the entries of baptism of the free people of colour, therein is found one at fo. 158, whose tenoris as follows: "On the sixth day of September, in the year one thousand seven hundred and eighty-six, I, father Josef Antonio Albarado, assistant-curate of the parish church of the Port of Spain, do certify that, in the said parish church I solemnly baptised and anointed with holy oil, Luisa Antonia, twelve days old, daughter of Maria Nunez, a free mulatta; the godfather and godmother were Juan Santiago and Luisa Antonio; to whom I expressed their obligation and spiritual relationship: and that the same may avail, I sign hereto, and attest the same.

(Signed) Father JOSEF ANTONIO ALBARADO."

The aforegoing is an' exact copy of the original, and thereto I refer myself, from whence I extracted it, and have compared

it; the same is true and exact, of one same hand-writing and same coloured ink; and it is observed therein, that in the place where it expresses Luisa Antonia, there appears to have been something scratched out, beginning and ending at Luisa Anto; and on the place where the scratching out appears, is written in the same hand-writing, and with the same ink, to the end of the line finishing with "Luisa Anto," and the following line begins "nia," to complete the whole name of Luisa Antonia; and furthermore, in the margin is inserted the name of "Luisa Antonio a female infant" in the same hand-writing and ink; and in the other margin the names of the godfather and godmother, Juan Stantigo and Luisa Antonia, which is the usual mode and custom of inserting the entries in the parish-books of the baptisms: and that the same may avail, I sign these presents, in the Port of Spain, on the twenty-second day of July, in the year one thousand eight hundred and five.

(Signed) PEDRO JOSEF REYES Bravo. Sworn to before me, by the vicar-general, Pedro Josef Reyes Bravo, that the above is a true extract, taken by him from the books of Registry of Baptism, of the old Inhabitants of this Island of Trinidad, in Port of Spain, under the cure of Padre Josef Maria Angeles.-In Court, August 16th, 1805.

T. HISLOP, Lieutenant Governor,

Upon the return of these Writs of Mandamus in Michaelmas Term 1805, Mr. Forbes, the Defendant's attorney, made an affidavit, that on account of the length of the Return, his Client could not be prepared to go to trial at the Sittings after that term, pursuant to the Prosecutor's notice: and the Court accordingly put off the Trial to Hilary Term following.

Counsel for the Prosecution.

Mr. Adam [afterwards Lord Chief Com

Exchequer]: VOL. XXX.

Mr. Harrison,

2 G

Counsel for the Defendant.

Mr. Dallas [afterwards Lord Chief Justice of the Common Pleas]: Mr. Lawes :

Mr. Abercrombie.

British arms, had been governed by a code of laws, abating very much of the severity of that of Old Spain; and I have the authority of the defendant himself for stating, that, previous to his appointment to the government, the juridical regulations of Trinidad were extremely mild and benignant, and well adapted

Mr. Garrow.-Gentlemen of the Jury; the task of stating the particulars of this most extraordinary and horrid transaction, was originally confided to much greater abilities than those upon which it has now unfortunately devolved. I feel, however, some consolation in reflecting that the present is a case which (addressed to a British jury in a British Court of Justice) requires no embellishment of eloquence, nor any factitious aid, to impress it upon the minds of those who are to hear and to decide upon it. Unless the facts, clearly and fully substantiated by proof, force from you a reluctant verdict of GUILTY, I have no hesitation in declaring that the defendant ought not to be convicted:-I say "a reluctant verdict of Guilty," because there is no individual present (not excepting even myself, whose duty it is to conduct the prosecution), who would not rejoice if you could justify yourselves to your consciences and your God, in doubting the truth of this accusation.

The indictment, which has been stated to you by my learned friend Mr. Harrison, alleges, that a representative of our sovereign, and governor of one of our colonial dependencies, who was therefore bound to protect his fellow-subjects, has abused the station to which he was raised, and has disgraced the country to which he belongs, by-what no one in England has heard of, without horror and detestation-inflicting torture upon one of his majesty's subjects, without the least pretence of law, without the least moral justification, but solely to gratify his tyrannical disposition, by the oppression of the unfortunate and defenceless victim of his cruelty.

Gentlemen, in the year 1797, the island of Trinidad surrendered to his majesty's forces under the command of the illustrious sir Ralph Abercrombie, whose name must ever be mentioned by Britons with gratitude and admiration. That great man entered into stipulations by which he conceded to the inhabitants of this Spanish settlement, the continuance of their laws and institutions; and he ap. pointed a new governor until his majesty's pleasure should be known, or, in other words, until the sovereign of Great Britain should have, in his paternal kindness towards this new dependence of his empire, extended to it all the privileges and advantages of English laws.

This colony, prior to its surrender to the

"See it, page 226.

mote insular establishment.

The person, whose sufferings form the subject of this day's inquiry, is a young woman of the name of Luisa Calderon. About the age of ten or eleven years, this young person was seduced by a man of the name of Pedro Ruiz, to live with him as his mistress; and although it may to us in this country appear singular, that she should be in such a situation at that tender period of life, yet in that hot climate where the puberty of females is much accelerated, it is common for them to become mothers at the age of twelve; at that early period they either marry, or enter into a state of concubinage if they cannot form a more honourable connexion. Having been seduced by Ruiz, and living with him as his mistress, it appears most clearly (for I have no desire to keep any part of the case secret), that she was engaged in an intrigue with Carlos Gonzalez, who in the month of December 1801, availing him of the access to the house of Pedro Ruiz, which his connexion with Luisa Calderon afforded, robbed Ruiz of a quantity of dollars which were there deposited. Gonzalez was apprehended, and a suspicion arising that she was acquainted with the circumstances of the robbery, if not an accessary to the crime, she also was taken into custody, and examined before an officer of the laws, equivalent to our magistrate or justice of the peace. In the first instance she denied any knowledge of the transaction; the magistrate felt, that according to the laws of Spain, his functions were nearly at an end; she persisted in her denial, and whether her object in so doing was to protect herself or her friend from injurious consequences it is not at all material to inquire. The magistrate felt that he had no authority to adopt any coercive means in order to procure any confession of her own guilt, or any accusation of Gonzalez; and therefore he resorted to the defendant, who was invested with the supreme authority of the island, to supply the deficiency; and, gentlemen, I shall produce in the hand-writing of general Picton himself, and subscribed with his signature this bloody sentence:

"Inflict the torture upon Luisa Calderon." You will readily believe that there was no great delay in proceeding to obey this order. The unhappy girl when taken to the gaol was told by the judge, that if she would confess all her life should be saved; but unless she did so, she should be put to the torture; that if she suffered the loss of a limb, or should be deprived of life itself, the consequences would be upon her own head, and that he should be