PUBLIC RECORD OFFICE
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PUBLIC RECORD OFFICE, LONDON
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they are under no obligation whatever to make use of it. I fear however that a knowledge of the true state of the law on this subject, is more widely spread than Dr. Desjardins imagines.
I visited, not long since, one of the estates belonging to the Government: a neglected empty building was shown me which was called the hospital; but I found from an inspection of the medical register on the estate, that it had not been used for more than a year. Some grave apprehensions were raised in my mind by the fact that, nevertheless, in the quarterly reports of the medical inspector of this district (not Dr. Desjardius), a large number of men were returned as "treated in hospital," on this estate during the same period.
14. That the medical attendants on these hospitals should be Government servants, and not employés of the owners, hardly I think requires argument.
In Jamaica and in Trinidad this change has been effected, and a similar measure is strongly recommended by the Gujana Commission.
Such an absurd mock prescription as that which follows, and which is only a specimen of several entered on the case books of an estate, would appear to show that however rarely it may be the case, there are medical attendants who look on care for sick Indians as a superfluous piece of sentimentality, and the requirements of the law as a subject for derision.
"Nom: Carpen. Maladie: Feb. Int.
"Une douzaine d'huîtres tous les jours à son déjeuner. Arrosez les huitres avec du Chablis vieux. Filet de bœuf et une aile de volaille roti à son diner; Bordeaux Julien à dose tonique."
It will require time and patience to improve this state of things, for it cannot effectually be set right by enactments; or without the concurrence, more or less cordial, of the proprietors themselves, which can only be obtained gradually, and by the exercise of tact and forbearance.
15. But there are some other points in the immigration system existing here, which equally require amendment, and which are fortunately susceptible of immediate reform by the exercise of legislative and executive authority. The first of these is the utter want of efficient inspection.
I have already pointed out that the Protector is the only person who has any real right to inspect, and that practically he does not do so. This year he has, by my express order, made a visit of inspection on one estate; last year he visited none except those which he had omitted to visit in the previous year, and, indeed, never now visits any unless ordered by the Governor to do so, a system which brings the Governor personally, into more direct collision with individual interests than is at all desirable, as is very truly pointed out by the Guiana Commission.
16. As a matter of fact, the Stipendiary Magistrates have inspected, but they have no legal right to do so, and have, in some few instances, been refused admission.
Were their right unquestionable, I doubt whether it would be desirable that those who have judicial functions to discharge should make inspections to ascertain whether any case is to be brought before them. Be this as it may; the Stipendiary Magistrates, well remembering that they have no legal right whatever to make these visits, take care to confine then within the safest bounds, and as one of them,' himself, rather naively observes in his report of his own practice “obtain information more through the medium of general conversation with the planters than by recourse to any direct or pointed question.
From the multiplicity of other duties to which they have to attend, these visits are necessarily made very hastily and the magistrates are usually, while making them, the guest of the proprietors, who are almost invariably aware of their intended visit. On this subject also, the Demerara Commission has made remarks which are by no means without application to this Colony also.
I am moreover informed by the Protector, that the Stipendiary Magistrates inspection returns are, in some instances, not the record of visits made personally but simply compiled from information supplied by the planters.
17. That the present system of inspection (so-called) does not afford any guarantee against the existence of abuses; I will cite a single instance which has been the subject of judicial inquiry. The Stipendiary Magistrate of Grand Port is certainly one of the most active, intelligent, and upright in the island, and I am sure he cannot be justly
Mr. d'Emmeres de Charmoy, Stipendary Magistrate, Black River.
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accused of any desire wilfully to shut his eyes to the existence of abuses. In the course of 1865 he visited the estates of Beaufond and La Rosa, both the property of Messrs. Montville. His report upon them was in every respect satisfactory, everything was said to be in good order and well provided for, and the usual stereotyped entry is to be found, that "no complaints were made on either side." But though no complaint was made, there would have been good grounds to make them, for at that very time, and both previously and subsequently, the immigrants on those estates were treated with the grossest harshness and illegality. A suicide aroused suspicions in the magistrate's mind; and some time subsequently, with a decision and energy worthy of all commendation, he made a descent on the Beaufond estate in the middle of the night. What he found there may be related in his own words. "I proceeded, accompanied by Mr. Inspector of Police C. Bouller, to Beaufond estate (Messrs. Etienne de Montville and Co.), where I arrived about 3 o'clock A.M., and found a guardian in charge of a prison, the door of which was fastened with a chain and a hook (crochet), and against the outside of the door was placed, in a leaning position, a very large piece of iron, apparently three-fourths of an axle-tree of some kind of machinery, which the door would render it impossible for the strength of a hundred men to force open from the inside; there was no other aperture in the building, which was built of stone, with an iron roof.
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"On having these fastenings removed I found thirteen Indians, almost in a state of nudity, lying on the earthen floor, except three who had a piece of old gunny bag each, but all in a most wretched state. The guardian stated that it was his duty to guard them by night, and if any of them required to be let out for a call of nature, he let them out, and kept guard over them during the time, and then shut them up again. This I saw done while I was present. I then sent for the Messrs. de Montville. When Messrs. Etienne and Agenor de Montville made their appearance, ordered the fastenings to be removed and the door re-opened; the unfortunate Indians were then removed, at my request, by the Police Inspector, as also the guardian, he being in charge of a prison contrary to law. Having thus far succeeded in establishing a most flagrant contravention of the law, as well as a most gross case of cruelty, I left the estate, and proceeded to La Rosa estate, fearing that a messenger might be sent hither to give warning, and which I had afterwards every reason to believe was the case.
"I reached La Rosa Estate (Messrs. de Montville Brothers, and Co.), shortly after 4 o'clock, A.M., accompanied by the Inspector of Police, and went direct to a stone building adjoining, and under the same roof as the stable, but partitioned off by a strong party-wall of stone; the door of the building was open, and the interior had the appearance of having just been evacuated by the inmates in a hurry, as the cooking utensils were still there; three was one small opening in the back wall about ten feet from the carthen floor, and large enough to admit the body of a man; the size of the aperture was eighteen inches by ten inches; and thickness of wall two feet. This was the only aperture in the building except the door, and is the identical building spoken of as a prison in the evidence annexed.
18. A system of inspection, which, in the hands of one of the best Inspectors, failed to detect abuses which were known to every one employed on the estate and were of long standing and daily occurrence, is surely self-condemned.
I do not at all wish your Lordship to suppose that such abuses are frequent, but
I do wish to bring to your Lordship's notice the fact that the present system of inspection affords no guarantee whatever against their occurrence.
19. The next point on which an immediate change appears to me desirable is, that regular and shorter periods should be fixed for the payment of wages. I have already shown in my despatch No. 135 of the 18th ultimo, that four months may legally elapse without payment; practically that term has been in some cases exceeded; sometimes it is urged that the delay is due to the request of the immigrants; sometimes that unless the immigrants themselves complain, such delay is not to be noticed by the magistrates; sometimes that the payment is only deferred, not lost. If it were only deferred I should still think the evil serious, but this is not the case. Here, again, will quote an instance and only one instance, not to show that labourers are habitually defrauded of their wages, which I am very far from asserting, or from wishing indi- rectly to insinuate, but to show the results which have attended and may again attend a system of long-delayed payments.
A short time since some Indians complained that money was owing and had for years been owed to them by a Mr. de Courson. Their petition was referred to the proper authorities and the Report made upon it was as follows:--
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