PART THE FOURTH.
UPON the agriculture of Saint Helena, a few observations only will be offered this subject is so elaborately discussed in a recent publication, that there is but little left to say.—Vide Major General Beatson’s Tracts on St. Helena.
It is only an act of justice to this gentleman to state, that during his government of this Island, his exertions to increase its cultivation were unremitted and highly meritorious ; overcoming, by the force of example, and the evidence of facts, prejudices which did exist in favour of the old, imperfect system of husbandry, the landholders, by degrees, adopted his principles and methods, and the results have been proportionably beneficial to the Island and themselves.
There are certainly several thousand acres of excellent land, now lying waste, which might, with great facility and advantage, be cultivated and no reasonable cause can be assigned why abundant crops, whether of corn, potatoes, &c. should not be produced.
This observation exclusively applies to the capability of the land itself : the principal obstacle to the increase of cultivation, is the paucity and dearness of labour : the plough and the harrow have, undoubtedly, as substitutes for the pick-axe and the spade, diminished the call for manual employ ; but yet, the farmers have not, in this respect, the means adequate to very extensive operations.
The prices demanded for the produce of the farms are, it must be confessed, high to the inhabitants ; but whether they are so to the shipping, is not, perhaps, quite so evident. Whatever articles of merchandize, under the description of private trade, as it is usually termed, are brought for the Saint Helena market, the prime cost, package, wharfage, freight, with many other incidental expenses, adding upon the whole, by way of profit, the moderate sum of from £50 to £75 per cent. enhance the charge for them most exorbitantly. If, then, the farmer must buy dear, it is not to be expected he can afford to sell cheap.
An assertion, vide page 64 of the introductory chapter of Major General Beatson’s book, seems, however, to require some explanation : as the following are the facts of the case, no apology is made for introducing them.
The farmers are accused by the major general, of “so determined a spirit of combination to keep up the prices, that rather than lower potatoes from ten or twelve shillings per bushel, and rather than feed slaved and servants, and far less live stock with so valuable a commodity, the crops were actually suffered to rot at the farms, and many cart-loads were thrown into the sea.”
That an individual was known to leave his crop in the ground, and that another individual did throw some cart-loads into the sea, is not denied but both these circumstances are placed, probably from misapprehension, in an erroneous point of view. With regard to the first instance, there was a superabundance of potatoes in the market, and no likelihood of a speedy demand the proprietor, therefore, deemed more for his interest to save the expense of digging the crop, carting it to town, and planting a succeeding crop, rather than sell at a rate which would not pay him for the three operations ; or of throwing the potatoes to his hogs and cattle at a time when plenty of other food rendered such a measure unnecessary.
In the other instance, until some grounds for a contrary supposition shall appear, it is charitable to believe, that, had the proprietor foreseen the rotting of his potatoes within the period he expected, he would have sold them at a reduced price, rather than have incurred a total loss. That this mistake in his calculation was the sole motive for his having thrown them into the sea, is by no means improbable ; because a similar fact occurred with regard to the potatoes from the Honourable Company’s farm in 1812, when those lands Were under the control of a liberal and enlightened manager, Major General Beatson himself.
It is very gratifying to those who wish well to Saint Helena, that upon most, if not all of the estates and farms, are plantations of young trees, valuable in their kinds, rapidly advancing in growth ; and that the indigenous plants are likely to be multiplied in a few years to great numbers ; promising, not only to clothe and adorn the denuded surface of the Island once more, and thus add to its beauty and fertility, but to enrich those who have engaged in such laudable undertakings.
To the wise measure of destroying the goats and common sheep much of this improvement is to be attributed : had they been permitted to remain, all the pains and care which could have been used, would have been utterly thrown away.
One great evil is yet to be complained of, as it respects the trees and pastures also of the upper land, arising from the extensive spread of the bramble or blackberry plant, (Rubus pinnatus. R.) vide note page 23. It is possible to extirpate this pest, root and branch, without expending either so much labour or money as it is generally thought it would require.
Details and calculations of the capabilities of the Island, the best methods of following them up, &c. &c. will not be entered into in this work : but it is presumed, that if the system of agricultural process acted upon for some time past by the farmers, be continued and extended in proportion to their means, the efforts of their industry will at once reward them handsomely, benefit the community, and provide, according to the original intendment of the colony, ample supplies for His Majesty’s and the Honourable Company’s ships calling here.
* * *
A particular account of the position, strength, number, &c. of the works of defence, a numerical statement of the army, or, in fact, any particular relating to the military economy of the Island, are, for obvious reasons, omitted ; a few observations of a general nature are made, and these, it is hoped, will be considered sufficient.
As a military station, Saint Helena may rank with Gibraltar, and is of all other places the most appropriate to the important use now made of it : ships cannot approach it without being discovered at a great distance by the telegraph stations, and it is only in the track of the trade wind, that there is any certainty of arriving at it ; this circumstance may be inconvenient to friendly ships, but adds materially to the security of the Island : the few landing places are exceedingly dangerous to attempt ; the narrowness of the rugged ravines, even at their mouths, the inaccessible hills on each side, together with the means of destruction Nature has so plentifully supplied, renders it almost impossible for an army to succeed against it, however numerous.
When to this is added its artificial and physical strength, the Island may confidently be estimated competent to repel any attack ; and it is not to be imagined, that a blockade of it can possibly be effected while Britain remains (and may she ever do so) the sovereign of the seas.
On the fifteenth day of October, 1815, arrived in James’s Bay, His Majesty’s ship, Northumberland, bearing the flag of rear Admiral Sir George Cockburn, K. C. B. having on board General Napoleon Buonaparte and his suite, consisting of Marshal and Countess Bertrand and three children, General and Countess Montholon and child, General Gourgaud, Count las Casses and his son, and eight servants. The Icarus brig of war, which arrived a few days before, announced his approach, and one of the best houses in the town was prepared to receive him ; on the evening of the seventeenth, after sun-set, he landed, and was conducted to his quarters, and the next morning early, accompanied by the admiral and General Bertrand, rode into the country to see the place destined for his future residence.
Long Wood House, the official country-seat of the lieutenant-governor, was selected for this purpose, being in every respect the most eligible situation on the Island : Buonaparte, it was said, did not seem to think so, but this happening to be a minor consideration, had no effect on the determination of government. On their return Sir George took Napoleon to the Briars, the residence of William Balcombe, Esq. a small, but pleasant estate about a mile and a half from town ; with this place he was much pleased, and particularly requested he might be permitted to remain at it until Long Wood was ready for his accommodation ; his wish was complied with, and apartments were immediately prepared for himself, Las Casses, senior and junior, and a few attendants, which they occupied nearly eight weeks.
During this period the most indefatigable exertions were made by Sir George Cockburn, to improve and enlarge the premises at Long Wood ; and it is almost incredible with what rapidity a spacious and comfortable house was erected ; residences were also as quickly provided for the persons of his establishment, and at the expiration of two months the whole party were removed to their respective abodes.
The boundary which limits Buonaparte’s excursions is a circle round Long Wood twelve miles in circumference : nearly the whole is level ground, well adapted for exercise on foot, in a carriage, or on horseback.
The military arrangements in this quarter of the Island are of the most able and precautionary kind.
Every attention is paid to render the situations of Buonaparte and his followers, not only as little irksome, but as comfortable as possible : their individual security ascertained, no consistent indulgence is denied to them ; the return for which has generally been sullen discontent and impertinent remonstrance from them all.
The detention of Napoleon Buonaparte here has produced restrictions and effected privations, which are unpleasant and in a degree distressing to the inhabitants : these, it is to be hoped, will be only temporary ; if they are to be called misfortunes, how light and inconsiderable are they, as arising from such a cause : it is impossible lie should be any where, under any circumstances, without some evil being consequent upon his presence : but, as he is entirely destitute of power to operate mischief, “wretchedness and ruin to Saint Helena,” though anticipated by some, are not likely to be the result of the great political measure of fixing him here.
The principal injury sustained, is the increased difficulty in procuring many necessary articles of subsistence, in consequence of the augmented population : arrangements have been made to obtain supplies from the Cape of Good Hope, Benguela, Angola, Rio de Janeiro, &c. but the imports, though considerable, have been incommensurate to the additional . consumption. Fresh provisions are very scarce, so that those who have not farms to furnish them with such accommodation, must be content with fish and salt beef almost every day in the week : in fact, by the late regulations for fishing boats, (necessary ones no doubt at the period of their institution) limiting the distances they are to observe, the time of their staying out, &c. not one quarter of the quantity of fish is brought in that there was fourteen months ago. This is a privation which is felt by all classes, particularly the poorer people, whose chief dependence for food has always been on fish.
It is right to remark, that the liberality of the Honourable the Court of Directors, ever conspicuously shewn to this, their own Island, has, during this year, 1816, in an extensive degree been demonstrated : no less than eight large ships, laden with stores of every description for the comfort, convenience, and security of the establishment, have safely arrived.
The ordinances of the British legislature, prohibiting foreign and trading vessels not in the Honourable Company’s employ, from touching here as is usual, is complained of by the merchants, as a grievance of serious import to their affairs : to the most respectable of then it must evidently be so, and this is a consequence, assuredly, of the detention of Buonaparte ; but whether the degenerate state of trade, at present so manifest in all the shops, has not been the effect of too ma=ny persons in that calling being permitted to establish themselves here, in a place never designed to be a commercial colony ; and whether prodigiously large speculations, and uneconomical management, have not contributed to the disarrangement of the circumstances of some, previous to, and unconnected with the event abovementioned, are questions which may with propriety be suggested.
It is not too much to believe, that whatever injury can be fairly made out to be sustained by any individual on account of Buonaparte, in carrying into effect the measures of government, that it would, on proper representation, be considered with humane and liberal attention by the British Parliament and the Honourable Court of Directors.
The preceding seem to be the only ills which have been occasioned, or are likely to arise from the abode of Buonaparte on this Island : their magnitude is within calculation, and every practicable modification will undoubtedly be made of them in due and proper season.
The farmers have no reason to lament, (or at least far less than the other inhabitants) the sojourn of the foreigners ; for whatever their stocks or crops may be, a market is not wanting for the disposal of their superabundance ; so that their potatoes need not rot in the ground, nor be thrown into the sea, whether produced on private estates, or on the more extensive farms belonging to the Honourable Company. (Vide p. 157, &c.)
For a quarter of a century, war, with relentless fury, has ravaged nearly the whole globe : the desolating fiend, with merciless bosom, has swept millions of human beings from its surface, drenching it in their blood. This little happy spot has throughout been exempted from its approach. We have heard, read of, and lamented the unprecedented calamities mankind so long were suffering, and we have participated with heart-felt joy in the perseverance, wisdom, and glorious victories of the councils and arms of Britain. There has been no opportunity to do more. Ready, if summoned to the contest, the old rock of the Atlantic would have been defended by men emulous to share in the triumphs and laurels of their fellow subjects ; but it has been otherwise ordained by Providence. We have sat unmoved amidst the storm, in the enjoyment of peace, and many of the blessings which follow in its train.
Whatever then may be the inconveniencies to which, at length, Saint Helena is unavoidably become subject by Napoleon’s detention on it, may surely be, and they are borne, without reluctance. What are they compared to the horrible effects which every where else have constantly attended him? or, what do they amount to in competition with the consideration, that by his being secured here the peace of the world is also secured?
And that he is perfectly secure cannot admit of doubt : the geographical position of the Island, so widely distant from other countries—the wise, energetic, and vigilant arrangements by sea and on land, which have been adopted, and unremittingly followed up—the disposition of the troops and inhabitants—all effectually prevent the possibility of his escape. So long as government shall choose Saint Helena as the place of his exile, within its limits he will be always found ; never will he be able to add a flight, from hence, to those, extraordinary as they were from Egypt and Elba.
Buonaparte cannot be considered as developing any character here—he is obliged to quiescence—he knows it is at his peril to display the cloven foot—himself and his party are “ upon their good bevaviour,” and they are all well aware, that any departure from the rules which have been communicated to them, for the guidance of their conduct, will not fail to be visited with such effects, as the firmness and decision of those, in whose custody they now are, may deem necessary to enforce.
In closing this book, it may not be improper to observe that, feeble as this description may be, the Island of Saint Helena contains enough to interest the man of science in nearly each department of its sublime study. Recent events will transmit its designation to posterity. Wherever the name of that mean shall be mentioned, whose power once almost equalled his rapacity, there also will Saint Helena be remembered. It will be numbered amongst those places, which the most eminent persons of ancient or modern times have voluntarily chosen, or been compelled to resort to as their abodes ; whether characters of the most exalted virtue or sanguinary tyrants, assassins and incendiaries. In which class will the exile of Saint Helena rank : The recollection of this spot may also induce reflections on the mutability of all things human ; and, that though for a time, lawless ambition may be permitted, to scourge and devour the kingdoms of` the world, and daring infidelity insult and deny its great Creator, their extent is fixed and their reward certain. Wherever the ark is erected Dagon must fall.
|Latitude of Saint Helena . . . . .||15° 55’ S.|
|Longitude . . . . . . . . . . . . . . . .||5° 46’ W.|
|Extreme length . . . . . . . . . . . .||10½ miles|
|Extreme breadth . . . . . . . . . . .||6¾ do.|
|Circumference . . . . . . . . . . . .||28 do.|
|Superficies in acres . . . . . . . .||30. 300|
|Variation of the needle, 1815||17 W.|
|Diana’s Peak . . . . . . . . . . . . . . . . . . . . . . . . . . . . .||2697|
|Cuckold’s Point . . . . . . . . . . . . . . . . . . . . . . . . . .||2677|
|Halley’s Mount . . . . . . . . . . . . . . . . . . . . . . . . . . .||2467|
|Flag Staff Hill . . . . . . . . . . . . . . . . . . . . . . . . . . .||2272|
|Barn Hill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .||2015|
|Alarm House . . . . . . . . . . . . . . . . . . . . . . . . . . . .||1960|
|High Knoll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .||1903|
|Long Wood House . . . . . . . . . . . . . . . . . . . . . . . .||1762|
|Ladder Hill . . . . . . . . . . . . . . . . . . . . . . . . . . . . .||597|
|Above the sea.|
Inscription referred to in note, page 10.
MATE OF THE
BER ye 16, 1659.
Inscription referred to in note, page 10.
|PRICES OF PROVISIONS 1816.|
|Beef (fresh) per lb. . . . . . . . . . . . . . . . .||0||1||3|
|Mutton do. . . . . . . . . . . . . . . . . . .||0||1||6|
|Veal do. . . . . . . . . . . . . . . . . .||0||1||6|
|Pork do. . . . . . . . . . . . . . . . . .||0||1||3|
|Turkeys, each . . . . . . . . . . . . . . . . . . . .||1||5||0|
|Geese, each . . . . . . . . . . . . . . . . . . . . . .||0||15||0|
|Grown fowls, do. . . . . . . . . . . . . . . . . .||0||10||0|
|Chickens, do. from 3s. 6d. to . . . . . . . .||0||5||0|
|Ducks, do. . . . . . . . . . . . . . . . . . . . . . . .||0||10||0|
|Pigeons, per pair . . . . . . . . . . . . . . . . . .||0||2||6|
|Bread, per lb. . . . . . . . . . . . . . . . . . . . .||0||0||5|
|Potatoes per bushel, from 6s. to . . . . . .||0||8||0|
|Carrots and turnips, per doz. . . . . . . . . .||0||1||0|
|Cabbages each, from 9d. to . . . . . . . . . .||0||2||6|
|Eggs, per doz. . . . . . . . . . . . . . . . . . . . .||0||5||0|
There is no regular market for fish at present—the prices of them are enormously enhanced.
PROCLAMATION issued by the Governor and Council of Saint Helena, 17th October, 1815.
Whereas, His Royal Highness the Prince Regent, acting in the name and on behalf of His Majesty, has been pleased to command that General Napoleon Buonaparte, and the French persons attending him, should be detained on the Island of Saint Helena, and the Honourable Court of Directors having been pleased to issue to this government certain orders consequent on such determination.
This is, therefore, to warn all the inhabitants, or other persons on this Island, from aiding or abetting hereafter, in any way whatever, the escape of the said General Napoleon Buonaparte, or that of any of the French persons who have arrived here with him, and to interdict most pointedly the holding of any correspondence with him, or them, excepting only such as may be regularly authorized by the Governor, or Rear Admiral Sir George Cockburn, in whose immediate charge the said General Buonaparte and his attendants are particularly placed.
Any person, after the promulgation of this ordinance, presuming to act in violation thereof, will be immediately sent off the Island, and be liable to be further punished as the circumstances of the case may appear to deserve.
PROCLAMATION issued by the Governor and Council of Saint Helena, 17th October, 1815.
Whereas, during the detention at Saint Helena of General Napoleon Buonaparte and the French persons attending him, it appears essentially necessary to adopt some additional precautions on the Island, and particularly by night : this is, therefore, to give notice to all the inhabitants, and other persons of every description, that after this date nobody whatever will be permitted to pass in any part of the Island, (excepting within the immediate precincts of the town) ; between the hours of, nine at night and daylight in the morning, without having the parole for the night, the sentries and patroles having orders henceforth to secure and hold as prisoners until morning, all persons they may find between the said periods not possessing the parole ; and the officers of the different guards, &c. are to cause all persons, so taken up, to be sent, prior to being released the next morning, to the governor, with a statement of the particular circumstances under which they were apprehended, that he may, if he judge necessary, make such further investigation into the case, or take such further steps respecting it, as to him may appear advisable.
It is distinctly to be understood by the inhabitants, that this ordinance is in no respect intended to interfere with the customary intercourse of hospitality, and that every proper facility will be given to any respectable inhabitant who may intend to return home at a later hour than nine o’clock, by application to the field officer of the day, if going from town, or to the commissioned officer commanding any out-post in the country ; but a written report of all persons to whom the parole may thus have been granted in the country must be made to the field officer of the day on the ensuing morning.
Patroles from all the out-posts are to be sent at uncertain hours of the night, to be determined by the field officer of the day, for the purpose of enforcing this regulation.
PROCLAMATION by the Governor and Council of Saint Helena, 9th November, 1815.
A case having occurred, in which two persons have set the example, of neglecting the measures prescribed by the proclamation of the 17th October, for persons traversing the country after nine o’clock at night, and having passed a sentry after being challenged, but as they affirm, without having heard the same. The governor and council, deeming it their indispensable duty to enforce, in an effectual manner, all the provisions of the said proclamation, do hereby give distinct and public notice ; that any European person, not military, of whatever rank or condition, who after this public notification shall attempt in any manner to evade the provisions of the said proclamation, and more especially, who after having been challenged by a sentry, shall attempt to escape, or shall not immediately stop and. conform to the orders such sentry may have received, shall, in addition to such other. punishment as the case may require, be embarked within twenty-four hours after conviction, and be sent away from this Island.
PROCLAMATION by the Governor and Council of Saint Helena, 27th November, 1815.
It appearing that the countersign for the night has lately got into the possession of improper persons, it becomes necessary to make known, in explanation of the proclamation of the 17th October, that whenever, in conformity with the said proclamation, the countersign is entrusted to a person, not military, for his private accommodation, it is to be clearly understood, the honour and respectability of such person is considered as pledged not to communicate it to any person whatever, excepting only when challenged for it by those authorized to demand it.
PROCLAMATION by the Governor and Council of Saint Helena, 7th December, 1815.
Notice is hereby given, that all inhabitants of the Island, not military, are henceforth prohibited from passing eastward of the Hutt’s Gate, in the direction of Long Wood, on any pretence whatever, by night or by day, without a passport from the governor, the admiral, or the commander of the troops, on pain of being made prisoners,, and dealt with as the circumstances of the case may appear to require, excepting only the members of council, people belonging to the water works, or Company’s farms, and persons having actual business with the camp : the troops on duty will receive the requisite orders for enforcing the provisions of this proclamation, and for their guidance to that effect, all Europeans belonging to the farms will, before Monday next, be furnished with descriptive certificates signed by the governor’s aid de camp ; and for the same purpose the superintendent of works l will send to the commanding officer at Dead Wood, a weekly return of the ticket number, of each Chinese employed at the farms or water works, for the purpose of comparison, when necessary, with their individual copper tickets.
PROCLAMATION by the Governor and Council of Saint Helena, 30th March, 1816.
Whereas, it has been ascertained that a letter, addressed to one of the foreigners on this Island, was sometime since received under an in closure addressed to an inhabitant,—
The governor and council therefore deem it right hereby to explain to all inhabitants, and other persons being at Saint Helena, that in the event of the recurrence of any such circumstance, and any inhabitant or person residing or being at Saint Helena as aforesaid, and receiving by any means any letter, or letters, or other communications for the said foreigners, such person is to make known immediately after receiving the same, such letters, or the subject of such communications to His Excellency Rear Admiral Sir George Cockburn, K. C. B., or the public officers who may be hereafter charged with the custody of General Buonaparte ; and in failure of acting in obedience hereto, such person, or persons, will be considered to have violated the spirit of the proclamation of the 17th October, 1815, and will be dealt with accordingly.
By order of the Governor and Council,
(Signed) T. H. BROOKE, Sec.
The above proclamation to remain in force until further orders.
By command of His Excellency, Lieutenant-General Sir Hudson Lowe, K.C.B., Governor and Commander-in-Chief, charged with the custody of General Buonaparte.
(Signed) T. READE,
Lieutenant-Colonel, and Deputy Adjutant General.
April 15, 1816.
Adjutant General’s Office,
May 11, 1816.
In addition to the regulations hitherto enacted by Rear Admiral Sir George Cockburn, K. C. B., and the Governor and Council of this Island, it is further explicitly declared, that no person whatever is to receive, or to be the bearer of any letters, or communications from General Buonaparte, the officers of his suite, his followers or servants of any description, or to deliver any to them, (as such communications are to take place through the governor done). Any person transgressing this order will be immediately arrested and otherwise dealt with accordingly.
By command of his Excellency Lieut.-Gen. Sir Hudson LOWE, K. C. B., Governor and Commander-in-Chief, &c. &c. &c.
(Signed) T. READE,
Lieutenant-Colonel, and Deputy Adjutant General.
PROCLAMATION by Lieutenant-General Sir Hudson Lowe, K. C. B., Governor and Commander-in-Chief for the Honourable East India Company, of the Island of Saint Helena, and its Dependencies, and commanding His Majesty’s Forces on the said Island.
By virtue of the powers and authority vested in me by a warrant in the King’s Majesty’s name, bearing date the twelfth day of April, in the present year, and in the fifty-sixth year of His Majesty’s reign, authorizing and commanding me to detain in custody Napoleon Buonaparte, and him to deal with and treat as a prisoner of war, under such restrictions, and in such manner. as shall have been, or shall be from time to time signified to me under the band of one of His Majesty’s principal secretary’s of state, and to prevent the rescue or escape of the said Napoleon Buonaparte, in the due execution whereof, all His Majesty’s officers, civil, naval, and military, and all his loving subjects whom it may concern, are required to be aiding and assisting as occasion there may be : public notice is hereby given, that two acts have passed in the present session of the British parliament, the one for detaining in custody the said Napoleon Buonaparte, and adjudging capital punishment on those who may be assisting in his escape ; and the other, for regulating the intercourse of shipping with the Island of Saint Helena during the time the said Napoleon Buonaparte shall be detained in custody upon it.
Copies of these two acts are hereunto annexed.
In furtherance of the objects for which these acts have been passed, it is hereby publicly made known, that the various regulations hitherto issued on this Island, in regard to the safe custody of the said Napoleon Buonaparte, and of the prevention of any undue correspondence or communication with him, his followers and attendants, are to remain in full force.
It is further made known, that if after this notice any person or persons whatever, shall infringe the regulations established for his custody, or shall hold correspondence or communication with him, his followers, or attendants, who are by their own acquiescence placed under the same restrictions as himself, or shall receive from, or deliver any letters or communications to him, or them, without the express authorization of the governor, or the officer commanding on the Island for the time being, signified to them in writing under his hand, such person, or persons, will be considered as having acted against the provisions and express objects of the said acts of parliament, and be proceeded against accordingly ; and should, from any infraction of the rules established for his custody, or from correspondence or communication with either him, his followers or attendants, the escape, or rescue of the said Napoleon Buonaparte be effected, such person or persons will, after this notice, be considered as having been knowingly instrumental to, and assisting in the same, and be prosecuted with all the rigour which the law enacts.
It is further declared, that if any person or persons shall have any information of any attempted rescue, or means of escape, and shall not make an immediate communication of the same to the governor, or officer commanding for the time being, or shall not do his or their utmost to prevent the same taking effect, they will be regarded as having connived at, and assisted in the said rescue or escape, and his or their offence be judged by the laws.
Any person or persons, who may receive letters or communication for the said Napoleon Buonaparte, his followers or attendants, and shall not immediately deliver, or make known the same to the governor, or officer commanding for the time being, or who shall furnish the said Napoleon Buonaparte, his followers or attendants, with money, or any other means whatever, whereby his escape might be furthered, will be considered in like manner to have been assisting in the same, and will be proceeded against accordingly.
All letters or communications for or from the said Napoleon Buonaparte, any of his followers, or attendants, whether sealed or open, are to be forwarded to the governor without loss of time, in the same state in which they may have been received.
And whereas, it is not the object of the regulations hereby promulgated, to induce any unusual or unnecessary rigour, but to enforce the due execution of the rules heretofore established, and to prevent the ill effects which might result from ignorance and inconsiderateness, as well as design, it is in consequence made known to all those persons whose duty calls upon them to attend near the place, where the said Napoleon Buonaparte, his followers or attendants reside, or who have business which has any relation to them, that they will be furnished upon due application with regular licences and authorization from the governor of the Island, signed with his hand ; and nothing is to be construed from the acts of parliament, or these regulations, as warranting any violent or improper demeanour against him, or them, so long as he or they observe the restrictions under which the laws, and the instructions of His Majesty’s government has placed them.
Given under my hand at James’s Town, in the Island of Saint Helena, the 28th day of June, 1816.
(Signed) HUDSON LOWE,
Governor, and Commander-in-chief.
By command of the Governor,
(Signed) G. GONEQUER,
Acting Military Secretary.
AN ACT for the more effectually detaining in Custody Napoleon Buonaparte, 11th of April, 1816.
Whereas it is necessary, for the preservation of the tranquillity of Europe, and for the general safety, that Napoleon Buonaparte should be detained and kept in custody as hereinafter provided. Be it therefore enacted, and it is hereby enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for His Majesty, his heirs and successors, to detain and keep the said Napoleon Buonaparte in the custody of such person, or persons, in such place within His Majesty’s dominions, and under such restrictions, during the pleasure of His Majesty, his heirs and successors, as to His Majesty, his heirs and successors, shall from time to time seem fit.
And be it further enacted, that the said Napoleon Buonaparte, being in such custody as aforesaid, shall be deemed and taken to be, and shall be treated and dealt with as a prisoner of war, except only in so far as by His Majesty, his heirs and successors, shall at any time, or from time to time, be otherwise directed ; and that it shall and may be lawful for His Majesty, his heirs or successors, by warrant, under the hand and seal of one of his or their principal secretaries of state to nominate and appoint such person or persons, being His Majesty’s subject or subjects, as to His Majesty, his heirs and successors, shall seem fit, to have the custody of the said Napoleon Buonaparte ; and from time to time, by like warrant to change the place, and to appoint such other place, as to His Majesty, his heirs and successors, shall seem fit ; in which the said Napoleon Buonaparte shall be detained and kept, and by like warrant to authorize and empower any person or persons to remove the said Napoleon Buonaparte from the place in which he now is, or shall at any time hereafter be so detained and kept, and convey him to such other place as shall be so appointed as aforesaid ; and that it shall and may be lawful for such person and persons so appointed, or to be appointed as aforesaid, to call to his or their aid and assistance, all or any persons, being subjects of His Majesty, or owing allegiance to His Majesty, for the detaining and keeping the said Napoleon Buonaparte in custody as aforesaid, or for the removing or conveying him as aforesaid, as occasion may require : and that all and every such person or persons so appointed, or to be appointed as aforesaid, and all and every person and persons who shall be called to his or their aid and assistance, shall have full power and authority to use all ways and means for the detaining and keeping the said Napoleon Buonaparte in such custody, and for the prevention of the rescue or escape of the said Napoleon Buonaparte from and out of such custody, and for the retaking the said Napoleon Buonaparte in case he shall be rescued or shall escape from and out of the same, as might be lawfully used for the detaining and keeping in custody, and for preventing the rescue or escape of, and for the retaking any prisoner of war.
And be it further enacted, that if any person or persons, being a subject or subjects of, or owing allegiance to His Majesty, his heirs or successors, shall rescue or attempt to rescue the said Napoleon Buonaparte, or shall knowingly and wilfully aid or assist in the escape of the said Napoleon Buonaparte, or in any attempt to escape from such custody as aforesaid, or from any limits or bounds wherein he now is or at any time hereafter shall or may be detained and kept in custody as aforesaid, or in which he shall or may be suffered to go at large within the limits of any island or country, territory or place, or within the limits of any district or bounds, within any island or country, territory or place, upon parole or without parole ; all and every such person and persons so offending, shall upon being convicted thereof, be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy.
And be it further enacted, that if any person or persons, being subjects of or owing allegiance to His Majesty, his heirs or successors, shall knowingly and wilfully aid, assist, or further the said Napoleon Buonaparte in quitting any part of any island, country, territory or place, without the limits and bounds of any district of such island, country, territory or place, within which he have been confined or suffered to go at large on parole or without parole, after he shall have been rescued, or have escaped or departed from any place of custody, or from the limits or bounds within which he shall have been committed to go at large, upon parole or without parole, he, she, or they shall be deemed guilty of aiding the escape of the said Napoleon Buonaparte, under the provisions of this act.
And be it further enacted, that if any person or persons, being a subject of His Majesty, or owing allegiance to His Majesty, after the said Napoleon Buonaparte shall have been rescued, or have escaped from and have quitted the Island, county, district or territory, within which he shall have been detained and kept in custody as aforesaid, or have been suffered to go at large, upon parole or without, or after he shall have quitted and departed from any other country, into which he may have escaped or come, shall knowingly and wilfully upon the high seas, aid, assist, or further the said Napoleon Buonaparte in escaping or going to or towards any other dominion or place whatsoever, such person or persons shall be adjudged guilty of felony, and shall suffer death as in cases of felony without benefit of clergy.
And be it further enacted, that all offences against this act, wheresoever the same shall be committed, whether within the dominions of His Majesty, or without, or upon the high seas, may be enquired of, tried, heard, determined, and adjudged in any county within that part of His Majesty’s dominions called England, in like manner and by a jury of such county, as if such offences had been committed within such county ; and that in every information an indictment for such offence, such offence may be laid and charged to have been committed in such county.
And be it further enacted, that all persons who shall be apprehended, detained or in custody, charged with any offence against this act, may be detained and sent to England, in order to their being proceeded against and tried for such offence.
And be it further enacted, that if any action, suit, bill, plaint, information or indictments shall be brought, sued, or prosecuted against any person or persons for any thing done under or by virtue of this act, such person or persons may plead the general issue, and shall have the advantage thereof as fully, and to all intents and purposes, as if the special matter had been fully and well pleaded, and in such manner as any justice of the peace, constable or other officers questioned for matters acted by them as officers, or in the execution of their offices may have the advantage of the matter of their justification upon the general issue by them pleaded, by any of the laws and statutes of this kingdom.
AN ACT for regulating the Intercourse with the Island of Saint Helena, during the Time Napoleon Buonaparte shall be detained there, and for indemnifying Persons in the Cases therein mentioned.
Whereas Napoleon Buonaparte is now detained and kept in custody in the Island of Saint Helena. And whereas it is requisite and necessary to prohibit all intercourse and communication with the said Island of Saint Helena, either by His Majesty’s subjects, or by any other person or persons, except under the restrictions, and according to the rules, regulations, and conditions herein after set forth and prescribed, during such time as the said Napoleon Buonaparte shall be detained and kept, or shall be ordered by His Majesty, his heirs and successors, to be detained and kept in the said Island of Saint Helena. Be it therefore enacted ; and it is hereby enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by authority of the same, that for and during such time as the said Napoleon Buonaparte shall be detained and kept in custody, or shall be ordered by His Majesty, his heirs and successors, to be detained and kept in custody in the said Island of Saint Helena, it shall not be lawful for any of His Majesty’s subjects, or for any other person, or persons whatsoever, (except in ships or vessels of and belonging to, or chartered, or employed by the United Company of Merchants of England, trading to the last Indies, duly ordered to proceed to, or rendezvous at the said Island, by the said United Company, or by the governor general of Fort William, the governor of Fort Saint George, or Bombay, or by the said Company’s supra cargo’s in China) to trade, go, sail, or repair to the said Island of Saint Helena, without the licence of His Majesty, his heirs, or successors, signed by one of His Majesty’s principal secretaries of state, or without the licence, consent and permission of the governor, or in his absence, of the deputy governor of the said Island, for the time being, or of the commander for the time being of His Majesty’s naval or military forces stationed oft, or at the said Island ; and if any person, or persons, (except as before excepted) other than such as shall thereunto be lawfully authorized by such licence of His Majesty, his heirs, and successors, or of the governor, deputy governor, or commander, or such permission, or consent as aforesaid, shall trade, go, sail, repair to, or land upon the said Island of Saint Helena, he or they shall be deemed guilty of a high crime and misdemeanor, and shall and may be prosecuted for the same in His Majesty’s Court of King’s Bench, here in England, upon information exhibited by His Majesty’s attorney general, or upon indictment found ; in which information, or indictment, such offence may be laid and charged to have been committed in the county of Middlesex, and all and every person, or persons, so offending, shall on conviction be liable to such punishment by imprisonment and line, or either, as the court shall adjudge or award ; any law, statute, or usage, to the contrary notwithstanding.
And be it further enacted, that all and every person and persons so offending, shall and may be seized and brought to England, for the purpose of being so tried ; and that it shall, and may be lawful to and for any one, or more of His Majesty’s justices of the peace, and he, and they, is and are hereby authorized and required, to commit all and every such person and persons to the next county gaol, there to remain until sufficient security be given by natural born subjects, or denizens, to appear in His Majesty’s Court of King’s Bench at Westminster, to answer any information or indictment, exhibited, or found, or to be exhibited, or found, against him, or them : and not to go, or depart out of court, or out of this kingdom, without leave of the said court.
And be it further enacted, that if any person who shall arrive at the said Island on board any ship or vessel of and belonging to, or chartered, or employed by the said United Company as aforesaid, shall land on the said Island from on board the same, or shall land on the said Island from any of His Majesty’s ships or vessels of war (except the officers and seamen of, and belonging to such ship or vessel of war) shall not, when thereunto ordered and required by the said governor, or in his absence the deputy governor for the time being of the said Island, forthwith return to, and repair on board such ship, or vessel, from which he shall have so landed as aforesaid, it shall and may be lawful for the said governor or in his absence the deputy governor for the time being to seize and detain every such person, until he or she can be sent, and to send him, or her on board the said ship or vessel, from which he, or she, so landed as aforesaid ; and every person who shall have so landed from any such ship or vessel, as last aforesaid, who shall after the departure of such ship or vessel from the said island, remain on the said Island, without the licence, permission and consent of the said governor, or in his absence the deputy governor for the time being, shall be deemed guilty of a misdemeanor, and shall and may be dealt with, prosecuted and punished in the same manner and form, as persons who shall without licence, permission and consent as aforesaid, land from any other ship, vessel, or boat, not belonging to, chartered, or employed by the said United Company, or ordered by the said Company, or their servants as aforesaid, to proceed to or rendezvous at the said Island.
And be it further enacted, that it shall and may be lawful to and for the governor, or in his absence for the deputy governor of the said Island for the time being, or for the commander for the time being of His Majesty’s naval, or military forces, stationed off, or at the said Island, respectively, and the persons acting under his, or their orders and commands, respectively, by all necessary ways and means to hinder, and prevent any ship, vessel or boat, or vessels, or boats, (except ships and vessels of, and belonging to, or chartered by the said United Company of Merchants, and also duly licenced by the said company for that purpose, as herein before mentioned) from repairing to, trading, or touching at the said Island, or having any communication with the same, and to hinder and prevent any person or persons from landing upon tile said Island from such ships, vessels, or boats, and to seize and detain all and every person or persons that shall land upon the said Island from the same ; and all such ships, vessels or boats (except as before excepted) as shall repair to, or trade, or touch at the said Island, or shall be found hovering within eight leagues of the coast thereof, and which shall, or may belong in the whole, or in part to any subject, or subjects of His Majesty, or to any person or persons owing allegiance to His Majesty, shall, and are hereby declared, to be forfeited to His Majesty, and shall be forfeited to His Majesty, and shall, and may be seized and detained, and brought to England, and shall and may be prosecuted to condemnation by His Majesty’s attorney general, in any of His Majesty’s courts of record at Westminster, in such manner and form, as any ship, vessel, or boat may be seized, detained or prosecuted, for any breach, or violation of the navigation or revenue laws of this country, and the offence for which such ship, vessel, or boat shall be proceeded against, shall and may be laid, and charged to have been done and committed in the county of Middlesex ; and if any ship, vessel, or boat, not belonging in the whole, or in any part, to any person, or persons, the subject or subjects of, or owing allegiance to, His Majesty, his heirs, and successors, shall repair to, or trade, or touch at the said Island of Saint Helena, or shall be found hovering within eight leagues of the coast thereof, and shall not depart from the said Island, or the coast thereof, when and so soon as the master, or other person having the charge and command thereof, shall be ordered so to do, by the governor or lieutenant governor of the said Island for the time being, or by the commander of His Majesty’s naval or military force stationed off, or at the said Island for the time being, (unless in case of unavoidable necessity or distress of weather) such ship or vessel shall be deemed forfeited, and shall and may be seized and detained in the same manner as herein before enacted, as to ships, vessels, or boats of or belonging to any subject or subjects of His Majesty.
Provided always, and be it enacted, that if any ship, or vessel, shall happen by stress of weather, peril of the sea, or other inevitable accident, or other urgent necessity, to be driven or forced to the said Island, and from such cause to touch thereat, and the master, or other person, having the command of such ship or vessel, shall forthwith give notice thereof ; and of the cause thereof to the governor, or in his absence to the deputy governor of the said Island for the time being, or to the commander of His Majesty’s naval or military force for the time being, or one of them ; and shall during the time that such ship or vessel shall be permitted to remain at the said Island, in all things conform to the directions and orders of the said governor, or in his absence of the, said deputy governor, for the time being, and the said ship or vessel shall quit the said Island, and depart therefrom, with all the crew and passengers of and belonging to the said ship or vessel as, and when the said governor, or in his absence the deputy governor for the time being, or the commander of His Majesty’s naval and military forces at the said Island for the time being, or either of them shall direct and require, such ship or vessel shall not be subject to forfeiture, nor shall the owner, or master, or crew thereof, or any person or persons on, board the same, who shall so conform to such directions and orders as aforesaid, be liable to any of the pains, penalties, or punishments, herein before mentioned. Provided, nevertheless, that the proof of such ship, or vessel, having been driven, or forced to repair to, and touch at the said Island by stress of weather, peril of the sea, or other inevitable accident, or urgent necessity, and, of having quitted and departed-from the said Island, as herein before mentioned, shall lie upon the party claiming such exemption from the pains, penalties, and punishments aforesaid ; any thing in this act, or any other act, contained to the contrary notwithstanding.
And whereas, in consequence of Napoleon Buonaparte having been detained and kept in custody in the Island of Saint Helena, and in order to the safety and securely detaining and keeping him in such custody, it may have happened that the commissioners for executing the office of lord high admiral, or the governor of the said Island for the time being, or the commander of His Majesty’s naval or military forces respectively, or other officers and persons acting, or who have acted in their aid and assistance, or under their advice, orders, or commands, nay from the urgency of the occasion, have given orders, done acts, or used means for the purpose, which may not be strictly justified by law, and in such case it is highly fit that they should be justified and indemnified by act of parliament for the same e be it therefore enacted, that the said commissioners for executing the office of lord high admiral, and the governor of the Island of Saint Helena for the time being, and the commander or commanders of His Majesty’s naval or military forces for the time being, and all and every officer and officers, person and persons, who have acted in their aid and assistance, or under their respective advice, orders, and commands, shall be, and they are hereby indemnified for the same.
And be it further enacted, that all actions, suits, indictments, prosecutions, and proceedings whatsoever, which may have been, or which shall be hereafter prosecuted or commenced against any person, or persons for, or by reason of any advice, orders, or commands, issued, or for, or by reason of any act, matter, or thing advised, commanded, appointed, ordered, or done by the said commissioners for executing the office of lord high admiral, or by the governor of the said Island for the time being, or the commander of His Majesty’s naval or military forces respectively, or by any officer or officers, person or persons, acting in their aid and assistance, or under their, or either of their advice orders, or commands, at any time before the passing of this act, be, and shall be discharged and made void by virtue of this act ; and that in any action, suit, indictment, prosecution, or proceeding now commenced, or which shall, or may hereafter be prosecuted or commenced against any of the said commissioners, governors, or deputy governors, commanders, officers, or person or persons, as aforesaid, for or by reason of any such advice, order, or command, or for, or by reason of any act, matter, or thing done in such aid and assistance, or under such advice, order, or command, respectively, he, she, or they may plead the general issue, and give this act, and, the special matter in evidence.
Provided always, that this act, or any thing herein contained, shall not extend, or be construed to extend to restrain or prejudice the trade, or right of trade, or navigation of the said United Company of Merchants of England, trading to the East Indies to the said Island of Saint Helena, in ships of, and belonging to, or chartered by the said Company, and duly licensed by them for that purpose, or to prejudice or infringe the rights of the said Company to and over the said Island, and the inhabitants thereof, except as is herein before specially enacted and contained.
And be it further enacted, that this act may be altered, varied, or repealed by any act to be made in this present sessions of parliament.
ISLAND OF ST HELENA.
The following warrant is hereby published, by order of his excellency the governor, as an appendix to the two acts of parliament, recently promulgated in this Island, for the information and guidance of the inhabitants thereof, of all classes, as referred to at the end.
Henry, Earl Bathurst, Baron Bathurst and Apsley, a Member of His Majesty’s Most Honourable Privy Council, one of His Majesty’s Principal Secretaries of State, &c. &c.
By virtue of, and in pursuance of the powers given to me, by an act passed in the fifty-sixth year of His Majesty reign : entitled “An Act for the more effectually detaining in custody Napolean Buonaparte,” I do hereby appoint you, Sir Hudson Lowe, Knight, Commander of the Most Honourable Military Order of the Bath, Lieutenant General of His Majesty’s Army in Saint Helena, and Governor of the said Island of Saint Helena, or the Governor for the time being of the said Island, or in case of the death or absence of you, the said Sir Hudson Lowe, or of the death or absence of the Governor for the time being, of the said Island, the Commander for the time being of His Majesty’s forces in the said Island, to have the custody of the said Napoleon Buonaparte, in the said Island, and do hereby authorize, empower, and require you, and each of you, as aforesaid, safely to detain and keep the said Napoleon Buonaparte as a prisoner of war, in the said Island, during His Majesty’s pleasure, and to treat and deal with him as a prisoner of war, under such restrictions, and in such manner as have been, or shall from time to time be signified to you in that behalf by His Majesty, under the hand of one of His Majesty’s principal secretaries of state and in case of the escape or rescue of the said Napoleon Buonaparte, him to retake and detain, and keep in custody, as aforesaid. In due execution whereof, all magistrates, and all other, His Majesty’s officers, civil, naval, and military, and loving subjects, whom it may concern, are to be aiding and assisting to you, and each of you, as there shall be occasion.
Given at Downing Street, the 12th day of April, 1816, in the fifty-sixth year of His Majesty’s reign.
To Lieutenant General Sir Hudson Lowe, Knight, Commander of the Most Honourable Military Order of the Bath, Governor of the Island of Saint Helena ; the Governor for the time being of the Island of Saint Helena ; the Commander, for the time being of His Majesty’s Forces in the Island of Saint Helena ; and all magistrates, officers, civil, naval, and military, and all His Majesty’s subjects whom it may concern.
Published by order of His Excellency the Governor.
(Signed) T. H. BROOKE,
Secretary to Government.
J. F. DOVE, Printer, St. John’s Square.