Embittered and embattled The THA vs the Executive
over 1 year in TT News day
Dr Rita Pemberton
FROM THE beginning of the 19th century, the seeds of conflict between the different arms of government created turmoil in the administration of Tobago. Like the other assemblies in the region, the members of the old Tobago House of Assembly (THA) were bitter over a series of decisions which were made by the British Parliament from early in the century and with which they were in strong disagreement.
There were three issues which made the situation particularly offensive to the THA. In the first instance they dealt with matters over which the Assembly members were particularly sensitive and secondly was the fact that the decisions were made without consultation which, to its members, signified disrespect and a flagrant disregard for its powers. What was worse was that the Assembly viewed these actions as deliberate attempts by the British Parliament to erode the Assembly's powers and assume control over those areas which rightfully belonged to the domain of responsibility of the THA.
At the centre of the controversy was the changing nature of the society after the implementation of the various pieces of legislation instigated by the British Parliament to deal with the question of enslavement. These laws included the 1806 Limitation Ac, which limited the number of captive Africans that could be purchased in the colony.
Through their mouthpiece the Assembly, the large planters argued for special consideration based on the turmoil the island experienced between 1781 and 1802 and its small inadequate labour force, to no avail. The termination of the trade in captive Africans in 1807, which was like rubbing salt to the wound, made the planter fraternity fearful for the continued operations of their plantations, a fear which was echoed by the THA.
The Assembly was convinced that the actions of the British Parliament demonstrated its lack of care for the welfare of Tobago as further evidenced by the passage of the 1834 Emancipation Act and the 1838 termination of the apprenticeship system. The period from1838 to 1863 demarcates a time of intensified conflict between the THA and the British Parliament and its representatives on the island. The issue at stake was the question of power: With whom does supreme authority lie?
In the old colonies, there was agreement that the British parliament acted in a high-handed manner and, as a result, the assemblies in the region resisted in an effort to reassert their power and against the violation of their rights. But there was no support in Britain for increased power to the assemblies and it was the view of some that they were unfit to rule. Some top officials also argued that the assemblies should be abolished and the colonies revert to complete Crown rule.
In Tobago an impasse between the THA and the Executive occurred when the Assembly refused to vote the Supply Bill, which caused a lack of funds for the provision of public services on the island for two and a half years. During this period the salaries of public employees remained unpaid.
The embarrassed governor had to decide whether to abrogate the power of the assembly and widen the franchise on the island. Neither course was considered acceptable because the Assembly did not approve of it and there were fears that such a policy would result in the ascendancy of the coloured population and imperial concern was to maintain whites in ascendancy.
Conflicts between the Assembly and the Executive continued, and members of the Executive expressed concern about the manner in which the Tobago Assembly managed to usurp executive powers while it paid no attention to improving the state of the island.
The 1852 Land Tax Act which was imposed on all land users – owners, renters, metayers and other occupiers – led to a riot in Scarborough. The intervention of the administrator clarified that the tax was on owners only. Also raised was the habit of retrogressive assessment of taxes and the Assembly was asked to submit a bill which clarifies the taxation policy.
In Jamaica, a head-on clash between the Assembly and governor occurred when the Jamaica Assembly protested against the violation of of its rights and refused to transact business. The Assembly was prorogued, recalled and prorogued again a year later. Conciliation was reached with some concessions made to the planting community. It was agreed that the imperial government would provide state-assisted immigration while it accepted the rights of the white colonists to self-government.
The Tobago Assembly made it clear that it was not prepared to give up any of its powers to the Executive, but it agreed to work with the Executive Committee which had been formed, patterned on the one established in Jamaica.
Two bills for constitutional reform were passed. The first in 1854 proposed a federal constitution for the Windward Islands with an Executive Council of 30 members with the sole right to vote and a Legislative Council of 12 members with sole responsibility for initiating money votes and preparing estimates, and a nominated Executive Council.
The Tobago Legislative Council agreed unanimously but a small majority of the Assembly rejected this plan. The second bill, which was passed by both houses, became the 1854 Act for the Better Government of the island.
The act authorised the establishment of the Executive Committee, but money bills were not vested in the Assembly. A new Legislative Council of seven residents was established. They were to be appointed by the governor to hold office for life. The local Privy Council became a separate council, the members of which were to be appointed by the sovereign.
The Assembly made a last attempt to get at the Executive with a memorial seeking the removal of Governor Shortland. This was strongly opposed by a petition with 93 signatures of skilled and working-class people, who supported the governor’s assertion that the island continued to lack good infrastructure because of the Assembly never considered the welfare of the larger segment of the population and remained obsessed with enhancing its power at the expense of that of the Executive.
The institution of the Executive Committee was a first stage in the imperial plan to have a more direct hand in the administration of the colony without the interference of the Assembly. It was a plan to reduce the powers of the Assembly without stimulating antagonism. It was a battle which the Tobago Assembly lost.
While there was lip service about the need for a government to take care of the needs of the entire population and an argument that the Tobago Assembly had demonstrated its inability to deal with that issue, the imperial government made no effort to improve conditions under which the freed African population lived and worked. Its priority remained keeping white rule on the island, getting rid of the obstructive Assembly and implementing Crown colony government in all the old colonies.
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