Spanish Law

Sailing in the wake of the Conquistadors of Trinidad, their names hardly more than misty memories but still possessed of that peculiar Spanish grandeur, came the would-be settlers. During the 17th and 18th centuries, Trinidad was an island province of New Granada for all intent and purpose a part of Venezuela. But there was hardly any interest directed to this island. It contained no gold or precious stones, its pearl beds had been wiped out and its population of tribal people depleted by disease, deportation and disappear. There was, however, an official establishment, a Governor and a body known as the Illustrious Cabildo which promulgated Spanish law and saw to the needs of the islands several dozen homesteaders or "Colons", as they were called. Spanish law emerges out of the conquest of Iberian peninsular by the romans in the centuries before the birth of Christ. This was known as the Theodosian Code and continued in force even after the Roman Legions had marched away and the empire in the West had fallen to barbarian tribes. This Roman code of law became common law in Spain, when contradicted by subsequent enactment's. These enactment's or ... repealing or modifying the ancient law were influenced by the Gregorian and Hermogenian codes and were eventually collected under the director of the Gothic Kings into a code entitled Fuero Juzgo which still exists to this day in Spain. The law however is a living changing institution and over the centuries Spanish law evolved. Under the Spanish kings, commencing with Alfonso IX in the 10th century on through to Charles IV in the 18th century, the laws of Spain grew and evolved. With the discovery and conquest of the New World, there came into existence The Spanish Colonial Code called Laws of the Indies. These were compiled in 1680 and were the laws inforce in Trinidad. Other laws inforce here were The Laws of Bilboa Commercial Regulations, compiled in 1737. These differed materially from the English Commercial code for this good reason, Spain was an anti commercial kingdom. Historian Edward Joseph who wrote:

"A History of this Island" in 1838, informs us that these various codes were the laws of Trinidad up to the middle of the 18th century when the government of Caracas was empowered by the Court of Madrid to make certain laws for Trinidad. Even the governor of Trinidad, assisted by the Cabildo was permitted to make certain regulations which was allowed to have the force of law for two years and no longer unless confirmed by the General Government.

Joseph points out that

"It should not be forgotten that besides these laws there were a body of regulations for the government of slaves in the Spanish Colonies which for practical benevolence and wisdom surpassed any laws ever made for and enforced in the colonies relative to Negroes and other persons who had the misfortunes to be in slavery."

With the capture of Trinidad in 1797 by the English, the laws and regulations began a painful process of change. Shortly after the British conquest, Sir Ralph Abercrombry, who was effectively Governor of the island, made a determined move against the "Spanish Lawyers" who were well known as corrupt. General Abercrombry appointed Mr. John Mihell, Chief Justice, and instructed him to deal with all the cases brought before him according to his conscience. Col. Thomas Picton, upon the departure of the fleet that had captured the island, was appointed Governor and given instructions to make no radical changes to Spanish Law. Appeals were directed, in Spanish times, to the Supreme Court at Caracas. Now their were to be made to the King in Council. A curious anomaly in that cases tried in Trinidad under Spanish law had decisions appealed in England and English law. In 1800, Governor Picton superseded Judge Mihell and established a tribunal called in Spanish 'Court of Consulado..' Six years later Governor Hislop, Picton's successor, abolished this and re-appointed Judge Mihell who was once again instructed to act according to his conscience. John Mihell was this island's first Chief Justice. In 1808, a Judge by the name of Smith was appointed by the Colonial Office over all the Tribunals on this island. He was given the power to "hear appeals from his own court!" and as such had to deal with the absurdity of a judge deciding a cause in one court, changing his dress, hearing the case, and reversing his own sentence in another court while now condemning the party who lost the suit in the Court of Appeal to all costs. This state of affairs, when mentioned in the House of Commons, caused great shouts of laughter. We were, after all, an experiment colony.

In 1811 Governor Hislop revived the 'Court of Consulado.' In 1812 and 1813 there was no law in Trinidad. This was remedied in 1814 when Judge Bigge was sent out as Chief Justice with his jurisdiction confined to the Court of First instance, but all owed appeals from his decrees to the Governor, Sir Ralph Woodford, Judge of the Court of Appeal. It was during this period that the English language was first used in court.

In 1823, the Court of First Instance of Civil Jurisdiction and the Court for the first trial of Criminal Prosecutions was substantially recognized and improved. A court of appeal in criminal cases was instituted, of which the Governor, aided by ... In 1832 Chief Justice Scotland arrived in the colony and shortly afterward almost all courts of law underwent radical changes.

This account of the history of law in Trinidad was drawn from El Joseph's "History of the island of Trinidad 1838." Spanish law existed here until English laws were firmly instituted in 1847.

"Thus having given a very meager history of the law, and want of law. in Trinidad, I will give an account of the different Courts of the island as they now exist.

The Court of lntendant.—This Court, over which the Governor presides, takes cognizance of all matters relative to the sale of crown lands, quit rent, taxes, Queen's revenue, &c. It bears the the same resemblance to the Court of Exchequer as a lizard bears to a crocodile. this court is not often occupied hence

HIS EXCELLENCY SELDOM ADMINISTERS IN THIS TRIBUNAL.

Court of Vice Admiralty. The Chief Justice presides over this Court. It is governed by the same laws as the High Court of Admiralty.

Court of First Instance of Civil Jurisdiction—The Chief Justice presides over this Court, assisted by two Puisne Judges. The decision goes by majority. It takes cognizance of all cases of action for the recovery of debts, damages, &c. over twenty pounds sterling, and also of all testamentary proceedings. It is a m~ed Court of Law and Equity, uniting the power of the English Court of Common Pleas and Chancery. Appeals are allowed in all encase in which the decision involves property of above five hundred pounds sterling. Appeals are seldom made from it, on account of their delay and great expense. I am informed that an appeal to the Sovereign seldom costs less to the plaintiff and defendant than £1000 sterling.

The Complaint Court.—The Chief Justice, or one of the Puisne Judges, in his absence, presides over this Court. It takes cognizance in all civil cases where the amount sued for does not exceed twenty pounds sterling.

There are in each Barrio, or District of the Town, Alcaldes, chosen annually from the inhabitants. These gentlemen hold Courts on matters of debt not exceeding twenty dollars.

In the country, the Commandants or Magistrates can decide matters of debt to the amount of sixty dollars.

Criminal Courts.-When any one is charged with a breach of the criminal law, the ordinary Magistrate investigates it, and if of a serious nature, be can send it on to the Attorney General and Public Prosecutor. This gentleman unites in his own person the office of committing Magistrate and Grand Jury (inasmuch as he finds the bill of indictment) and prosecuting Counsel.

The Court for the Trial for Criminal Prosecutions has a Chief Justice and two Puisne Judges; besides there are three Assessors, chosen by lot; from the inhabitants of the island. The Public Prosecutor and prisoner are allowed a certain number of challenges. The three Judges and three Assessors are Judges of the fact as well as the law, unless a point of pure law arises during the trial, in which case an arrest of judgment, in case of conviction, may be moved and disposed of by the Judges. The decision of the majority of the Court makes the verdict. It will be seen that the Chief Justice, Puisne Judges, and Assessors, unite the functions of Judge and Jurors.

In all capital cases. the prisoner, if he cannot afford to fee Counsel, is allowed one by the Court, who appoint the different Advocates practicing at the Bar in rotation.

The Governor has the power of remitting the whole or a part of the fines and imprisonment imposed by this Court, and in capital cases he can respite the prisoner until her Majesty's pleasure be known. The Court has four sessions per annum—in March, June, September and December.

For minor offenses, in the country, the Magistrates have the power of committing offenders to prison, with or without hard labour, for any term not exceeding three months, and of imposing a fine to the amount of sixty dollars.

The Red House

It was a hot night in the dry season of 1808. Mosquitoes seemed to be attacking the little town of Port of Spain by the millions, swarming out from the nearby swamplands. It was one of those nights when the noise from the streets was especially annoying. Tossing and turning in the bed, sweating; why isn't there the habitual cool breeze?

Suddenly, a piercing scream disrupts the uneasy slumber. Governor Thomas Hislop sits bolt upright in his soldier cot. The blanket slips to the floor. The scream, and the stinging smell that gets the adrenaline pumping instantly: smoke. Now, he hears the crackling. Yes, fire, and a big one at that.

The fire that had Governor Hislop startled from his sleep destroyed a large part of Port of Spain. The small town had grown tremendously in the last twenty years, since thousands of French immigrants and their African slaves flocked to the island to establish plantations and businesses here.

The prevalent building style of the city was wood and shingles, a bad choice of materials as this night of flames and smoke was to prove. Hislop had to deal with hundreds of homeless people from one day to the next. Valuable historical records from Spanish times were destroyed. To deal with the chaos and to prevent such a disaster in the future, Hislop's administration passed legislation with regard to building regulations, stipulating that the re-building of the destroyed parts of town and any other new construction had to be made with brick and stone.

A wise decision, which was put into action by Hislop himself and his successors Munro, Woodford, Grant, Hill, Gregor and McLeod. The latter, Sir Henry McLeod, laid on February 15, 1844 the foundation stone for a new government building on the west side of Brunswick Square (now Woodford Square). This was to be the first building on the site where the Red House now stands - let us call it the "first Red House", even though it was not then known by that name.

The architect of the first Red House was Richard Bridgens, known to us also by his drawing of Trinidadian people, i.e. Amerindians, the "Negro Figuranti" and scenes of Tobago. He was then appointed as the Superintendent of Public Works, a sector of the public administration that had been very busy since the 1810s and 1820s, when Governor Woodford did some major structural changes in the town.

The builders of that first Red House were G. de la Sauvagère and A. A. Pierre. The final building was somewhat smaller than the second (present-day) Red House. Somewhat artless, it was comprised of two blocks, connected by an archway through which coaches could pass from Abercromby Street into Prince Street (now Sackville Street). In those days, it was exclusively pedestrians, people on horseback, and carts and buggies that populated the streets, and a detour around the Red House would have been inconvenient for those muscle-powered means of transport. Also, in case of fire or public turmoil, the part of town behind the Red House had to be easily accessible for fire fighters or for the police.

The first Red House was opened in 1848 by then Governor Lord Harris, an enlightened man who contributed much to the development of the island, in particular to learning and education, founding a library and the first public school system that included Indian and black children in the countryside. The building was then not quite completed, but the inauguration ceremony in the Trinity Cathedral took place anyway.

Fifty years later, it was still not completed, for reasons unbeknownst to the author. Olga Mavrogordato in her book "Voices in the Street" quotes the Port of Spain Gazette of 1892:

"Nothing further had been done to complete the buildings since their erection some fifty years ago. The only attempt to relieve the monotony of the whole is to be seen in the arching of the carriageway through the courtyard which is a perfect skeleton and, like the ruins of Pompeii, is more suggestive of what the buildings must have been than of what they were intended to be."

The Director of Public Works in the 1890s, J.E. Tanner, apparently took those comments to heart, and together with the increasing need for a proper public records office, £15,000 was allotted over the next years to carry out extensions and alterations. The first Red House started to look a little more stately.

In 1897, the Diamond Jubilee of Queen Victoria was celebrated all over the British Empire. Trinidad, too, spruced up, and the first Red House was painted red. This was when it got its name - not officially, but by Trinidadians, who henceforth referred to it by that name. The name stuck, and so did the red colour, at least up to the year 2001 when this article was written.

Five years later, on the 23rd March 1903, the first Red House was destroyed. Its windows were smashed by stones, the plaster of the walls damaged here and there by bullets, and then the whole thing went up in flames: an enraged mob vented its anger on the government's property. This incident is known today as the "Water Riots", since it started with the discussion of the increase of water rates by the Legislative Council, and ended with panic, death and destruction on the side of the protesters outside. The governor then was Sir A.C. Maloney. Again, for us interested in history, valuable records were destroyed, making it at times impossible to retrace the facts of times past.

In 1904, re-building began. It was a time of construction on the whole. Cocoa had brought a lot of cash into the economy, and the administration and some private individuals invested in beautiful buildings that are today Trinidad's heritage treasure: the Magnificent Seven were also erected in 1904.

The second Red House is the one we know today. Designed and built by German architect D.M. Hahn, who was Chief Draughtsman of Public Works, it cost an estimated sum of £47,485. It was much more splendid and elaborate than the first Red House, with beautiful gesso work in the Legislative Council Chamber (now the Parliament Chamber) and in the Justice Hall, which is depicted in its old, undecorated form in the first house on the cover of the Digest. The gessowork and the panels were in fact made in England, shipped to Trinidad in parts, and installed by Italian craftsmen who also worked in the halls of for example Whitehall.

The carriageway between the two wings of the Red House was closed by Hahn for vehicular traffic, but remained open to pedestrians, and had a beautiful fountain in the centre under the rotunda. The square opposite to it was renamed Woodford Square during World War I, when Germany and its city of Braunschweig (Brunswick) had become enemies of the British Empire and no major landmark was to be named for them. Similarly, Hanover Street (named for the German House of Hanover, whence Queen Victoria's husband hailed) became the extension of Abercromby Street.

Inspite of all these name changes, the Red House remained the Red House and is now officially referred to under this name.