pp85-94 Commissioners' Report 1792

IT will have been seen, that, under the Head of Revenue, we have stated and discussed those Propositions that relate to the Trade of the Island.

There are some other Particulars, with respect to which it is suggested, that there exist Defects wanting Remedy, or Doubts that require Decision. The following are the Subjects to which such Suggestions refer:

1st, The Legislature.

2d, The Laws and Administration of Justice.

3d, The Salaries of some of the Officers of Government.

4th, Public Buildings.

5th, Harbours and Lights.

1st, THE LEGISLATURE.

A Memorial has been transmitted to us by the Lieutenant-Governor, which is signed by a considerable Number of Persons, who call themselves "The Principal Proprietors of Lands in the Island," and contains the following Representation:

"That we conceive ourselves considerably aggrieved by various Acts, called Acts of Tynwald, passed since the Revestment. of this Island in His Majesty, affecting the Rights and Interests of your Memorialists, without our having it in our Power to state our Objection to such Acts, which became binding upon us before we knew the Purport of them.

"That we do conceive the Mode in which the House of Keys have acted in the passing of these Acts, to be singularly hard and oppressive: But whether we ought to be relieved from this uncommon Situation among His Majesty's Subjects; of being under the legislative Controul of self-elected Men since the Revestment of the Island, by the Keys in future being elected for Seven Years, by the Suffrages of the Inhabitants of the Parishes and Towns in the Island; or whether, by the means of all Insular Acts of Legislation being directed to be printed, and affixed to the Doors of every Parish Church in the Isle, three Months previous to their passing; we submit to His Majesty's Royal Will and Pleasure: But one or other we do humbly conceive to be absolutely requisite for relieving us from that State of utter Bondage, which leading Men among the House of Keys would otherwise impose upon us."

The Secrecy with which Laws, materially affecting the Inhabitants, were passed, furnished, no Doubt, a just Ground of Complaint.

The two Remedies that are here proposed, differ extremely in their Nature and Extent. To the last, no Objection would probably be made on the Part of the Keys. The first, even if it were more generally and earnestly wished for than it appears to be, would certainly require to be maturely considered. The Manner in which the Proposition is stated, does not seem to us to render the Discussion of it necessary; and without Necessity, we do not wish to agitate a Question of considerable Importance, and not perhaps of easy Determination.

After what we have before said, of the Doubts which now exist with respect to the Composition of the Second Branch of the Legislature, as also of the Executive Council, it is hardly necessary to mention as a desirable Object, that it should be clearly ascertained who are to be considered as the legal Constituent Members of these Councils; this we apprehend His Majesty only can determine.

2d, The LAWS, and the ADMINISTRATION of JUSTICE.

IT has been stated to us by the Attorney General of the Island, that "the whole Collection of Local Laws, Public and Private, Civil and Criminal, requires a thorough Revision and Correction;" that "Reformation is more especially needed in the Constitution of the judicial Magistracy, and in all Forensic Proceedings, a Work which might, perhaps, be best effected by conforming the System here, as far as Circumstances admit, to that of English Jurisprudence, to which it bears throughout some Analogy." He observes, "that if the several Courts are to be considered as distinct, the presiding Officers in each should be different, and the Bounds of their respective Jurisdictions should be precisely defined, and the Rules of their Process and Pleading clearly settled."

As no precise judgment can be formed concerning the Merits of any Civil Institution without knowing, from Experience, its Operation and Effects, we do not feel ourselves qualified to offer an Opinion respecting the Necessity of the several Reforms, that are here proposed. But if they be necessary or expedient, we apprehend that the Legislature of the Island is competent to effect them; and the learned Gentleman, whose Opinion we have stated, appears to be well qualified to point out the Means.

It appears, from the Memorial which we have recently mentioned, that many of the Inhabitants of the Island are dissatisfied with some of the Acts of Tynwald, that passed in the Year 1777. Of the Provisions contained in those Laws, though, some have been beneficial, others are very generally allowed to have been either hurtful or ineffectual. They ought therefore to undergo a Legislative Revision, the Event of which will, we make no Doubt, prove satisfactory to the Island.

With respect to the Administration of Justice, there are two Particulars of which the Inhabitants complain — the Abolition of the Sheading or Circuit Courts, and the Suppression of one of the Offices of Deemster.

As the first was effected by one of the Acts of Tynwald, passed in 1777, the Propriety of the Measure will be an Object for Consideration, when those Acts shall come to be revised.

As to the other Subject of Complaint, our Opinion is, that a Second Deemster ought to be appointed; for the Quantity of Business appears to be too great for a single Judge to dispatch, and the Resort to him is extremely inconvenient to those of the Inhabitants who live at a Distance from his Place of Residence. To this Measure we have heard but one Objection, which is, that the Spirit of Litigation, which is so prevalent in theIsland, would be encouraged, if the Access to Law were facilitated by the Erection of another of these Jurisdictions.

Though we think that such a Spirit, if it exists, ought to be checked rather than encouraged, the Question is, Whether the Suppression of one of the Offices of Deemster be the best Method of attaining that End ? We conceive, that it is by some Measure of general and equal Operation, (such as a Stamp Duty on Law Proceedings,) that Litigation ought to be discouraged; whereas at present, the Propensity to Litigation is as easily indulged in the Southern District as it ever was, while Recourse to Justice is become more difficult to the Inhabitants of the other Side of the Island. If another Deemster be established, the Jurisdiction of High Bailiffs may be abolished. On the other Hand, if these are to be continued they ought to be invested with the Whole of the Deemster's Judicial Authority; for we can see no Sort of Utility in preserving both. But of the two Measures, the Re-establishment of a Second Deemster would, in our Opinion, be most acceptable to the Inhabitants of the Island.

In the Course of our Inquiries we discovered, that by some Neglect or Mistake, the Water Bailiff, though a judicial Officer, has never had a Commission from His Majesty, but only such an Appointment from the Treasury as is given to Officers of the Revenue. This Defect, we apprehend, ought to be immediately remedied.

We find, that there exists a Controversy with respect to the Admiralty Jurisdiction of the Island, which, if left undetermined, may lead to inconvenient Consequences. It had been always understood in the Island, that this Jurisdiction extended to the Distance of three Leagues from the Shore. A Case has lately occurred, in which the High Court of Admiralty of England has taken Cognizance of a Matter arising within those Limits. Some Goods, found floating within a Mile and a Half from the Shore of the Isle of Man, have been condemned by the last-mentioned Court as a Droit of Admiralty; and Directions have been given for the Sale of the Goods, and the Remittance of the whole of the Proceeds to England. On the other Hand, a Suit for Salvage has been instituted in the Admiralty Court of the Island by the Persons who saved the Goods: and the Salvage, that is customary there, has accordingly been decreed them. Thus the Sentences of the two Courts clash with each other — the one ordering the whole Price of the Goods to be remitted to England — the other directing a Part thereof to be retained for Salvage.

We are not apprised of the Grounds on which the High Court of Admiralty of England rest their Claim to the Jurisdiction which they have thus exercised; we consequently do not know whether it be supposed always to have existed, or only to have originated from the Transfer of the Sovereignty of the Island; nor whether it be an exclusive, or only a concurrent Jurisdiction that is claimed. It is evident, therefore, that even if it were proper for us to deliver an Opinion on the Subject, it would be impossible for us to form one, without further Information than we have had an Opportunity of acquiring.

The Attorney-General has represented to us the Necessity of appointing some Person, who may act under him in the Business of the Crown. It will be sufficient for us to us to transcribe his Statement on the Subject, as from thence it will appear what the Circumstances, are which seem to him to render such an Appointment necessary.

"This Business," he says, "has not only of late Years considerably increased, but a great Proportion of what belongs to the Management of Prosecutions (for instance, applying at the Offices for Process, attending Coroners and Constables in serving it, defraying the Expences of a Suit, to be reimbursed upon Bills afterwards delivered into the Custom-House) is of such a Nature that it cannot be undertaken by any Person at the English Bar. I would recommend, therefore, that a Solicitor should be appointed by or at the Nomination of the Attorney-General, who should act under his Directions, as Solicitor to the Customs, and Assistant to the Attorney-General; that a due Stipend should be appointed for him, and such occasional Fees assigned him, as would render it strongly his Interest to be zealous and active in Prosecutions of Offenders against the Revenue; that his Bills for such Charges and Disbursements should be passed by the Attorney-General, and a regular Payment of them be effectually secured."

The Lieutenant-Governor represents the Hardship of permitting Appeals to His Majesty in Council, for Sums so low as Five Pounds; The Consequence is that a poor Man, may always be deprived of the Benefit of any Decision which the Courts of the Island have given in his Favour, as it costs little to enter an Appeal, but the Expence of bringing it to a Hearing, or even procuring its Dismission, is very considerable. Some Instances of the oppressive Use of this Right are mentioned by the Lieutenant-Governor.

In our Account of the Courts existing in the Island, we have mentioned the Extent of Jurisdiction which the Spiritual Courts were stated to possess. The Attorney-General is of opinion, that their Authority should be restrained at least within the Limits to which it is confined in England. This is a Matter for the Consideration of the Legislature, without whose Interference the proposed Change cannot be effected.

3d, SALARIES of some of the OFFICERS of Government.

Lieutenant Governor.

It is represented by the Keys, that the Allowances made to the Lieutenant Governor is not a sufficient Compensation for the Duties which he has to perform, nor adequate to the Expences incident to the Situation in which he is placed. On the Revestment of the Island, a Governor was appointed with a Salary of Six Hundred Pounds. It was afterwards found expedient to appoint a Lieutenant-Governor, who, in the Absence of the Governor in Chief, performs all the Duties of the Office. The Governor's Salary is now Four Hundred Pounds; as he seldom resides, the Duty is for the most Part done by the Lieutenant-Governor, whose Allowance is Two Hundred Pounds per Annum.

Such an Income certainly does appear disproportioned to the Rank he holds in the Community, and the Importance of the Trust committed to his Charge. It would be but little increased by the Fees to which he is entitled, even if he received the whole of them for his own Use; but these, or the greatest Part of them,, he relinquishes to a Gentleman whom he employs as Secretary: They amount only to Thirty or Forty Pounds per Annum, which seems to be but a small Provision for Person qualified for such an Employment.

Deemster.

The Deemster has a Salary of Two Hundred Pounds, and receives Fees, the Amount of which we have not learned.

The Attorney-General has pointed out the Necessity, of this Office being held by a Native, and the Propriety of the same being filled up from the Bar of the Island; observing, that the Salary of the Office ought not to be less than the Profit to be derived from the first Practice at the Bar, which he states to amount to Three Hundred Pounds a Year. He likewise intimates the Propriety of filling up the Office of Clerk of the Rolls, from the Bar.

It has farther been suggested by the Attorney-General, as an eligible Regulation, that the Payment of Fees to any judicial Officer should be prohibited.

If it be thought that Fees ought not altogether to be abolished, they might, under due Provisions, form a Fund liable to any Expences for Increase of Salary or otherwise, incidental to that Court.

Attorney General.

It is of considerable Importance to the Island, that the Office of Attorney-General should be ably filled. The Appointment to it will probably continue to be made from the English Bar. The Salary is Two Hundred Pounds, which, it is observed, is too little to induce any Gentleman of the requisite Talents to quit his professional Prospects in this Country, especially as his Situation seems in a great Measure to preclude him from the Emoluments of private Practice.

As the Governor, who is in many Instances the Supreme Judge in the Island, is generally a Military Man, he must frequently have Recourse to the Attorney-General for Advice in Matters of Law; and we conceive, that a Person cannot with Propriety act as an Advocate in a Cause of which he is afterwards to suggest the Decision, although we are informed, that such was the Practice until the Time of the present Attorney-General.

4th, PUBLIC BUILDINGS.

THE Castle of Rushen, where the Governor resides, is represented to be in a much worse Condition than it was at the Time of the Revestment.

The Castle of Peel, and the Cathedral, and St. John's Chapel, (the latter of which is said at the same Period to have been in good Repair, and fit for the Celebration of Divine Service,) are now all of them quite in a ruinous State.

The Meetings of the Legislature, and the Courts of Justice, are held in Places ill suited to the Dignity of their Functions: The Keys assemble in a mean decayed Building, little more than sufficient to contain the Number of which they consist. The Courts of Chancery and Common Law are held in an indifferent Apartment in Castle Rushen. The Place in the Castle used as a Gaol, has but one Apartment to receive all Persons committed for Debt, or for any Offence less than Capital; this is small, dark, without any Divisions, and altogether unfit for its Purpose. The Dungeons in the interior Ward of the Castle, and appropriated for the Reception of Persons convicted of, or charged with Capital Crimes, are still more wretched, and improper for the Reception of any Offender.

The Gaoler has a Salary of Twelve Pounds, of which he has represented to us the Insufficiency.

Before the Revestment, Public Buildings were erected and kept in Repair by the Lord Proprietor, who was entitled to exact from the Inhabitants the Carriage Services that have been described in another Part of our Report.

In the Year 1787, a Bill passed in the Island, for raising by Assessment a Sum of Four Thousand Six Hundred and Sixty-six Pounds Manks, (Four Thousand Pounds Sterling,) for the following Purposes:

Repairing the Public Court-Room and Common Gaols; Maintaining Felons in Prison; employing an Agent or Agents to attend to the Interests of the Island in the British Parliament and otherwise; and paying the Money already expended, and Debts incurred, by such Employment.

The Proportions in which the Money was to be applied to these several Purposes were not fixed by the Bill, but the Appropriation was left to be annually made by the Governor, Council, and Keys. When this Bill was transmitted to England for His Majesty's Assent, it was opposed by the Duke of Atholl, who objected, as we understand, to the raising of Money for the Purpose of defraying Expence of the Agents whom the Keys had employed in England. This Bill has not received the Royal Assent.

5th, HARBOURS and LIGHTS.

THE Representations made to us on the Subject of the Harbours of the Isle of Man, and which came supported by the most respectable Authorities, place in a strong and forcible View their general Importance.

Various Proposals and Complaints accompany these Representations: Many of them are contained, amidst a Variety of other Matter, in Papers which we have before had Occasion to introduce. The following, not hitherto, annexed, are subjoined to this Part of our Report, namely, the Memorial of the Inhabitants of Kirk Lonan, with a Plan. of Laxey Harbour; Information of the Inhabitants of Kirk Maughold, with a Plan of the natural Harbour. of Cornah; the Examination of Mr. Christian, Harbour Master at the Port of Douglas, with a Plan of that Harbour; Plans of Peel Castle and Harbour, of the Harbour of Ramsay, of Port Earn and Bay; and a Letter of Mr. Edward Cook, Commander of the Prince Edward Cutter, which principally respects the Subjects under Discussion.

The Reparation, Maintenance, and Improvement of the Harbours now existing, or the Formation and Construction of new ones, are the Objects desired.

The Circumstances complained of are, that the Harbours, Piers, and Quays are not attended to with that Degree of Care and Concern which their Utility demands; that the Sums raised for their Preservation and Amendment are partially and not judiciously applied; and the Prevalence of these Evils is for the most Part attributed to the Vestment of the Trust of superintending the State of the Harbours, and of directing and applying the Fund appropriated to their Support, in Persons not properly qualified.

The Importance of the Harbours to the Prosperity of the Island is a Fact not to be doubted; and inasmuch as they conduce to the Safety, Accommodation, and Benefit of the Navigation at large in the Seas surrounding the Isle of Man, their Consequence to the Trade of Great Britain and Ireland is alike unquestionable.

The Harbour of Douglas has hitherto been the Object of especial Attention; and from the local Situation and Conveniencies thereof, seems to be well entitled to peculiar Regard.

The State in which it now is, particularly at the Entrance, affords ocular Demonstration that much is wanting to be done to restore it to the Condition in which it stood prior to the Year 1786. Either from the irresistible Violence of a Storm, or from not having been so constructed as to withstand the Force of the Sea in certain Seasons and Winds, a great Part of the Pier of Douglas, with, a Light-House built at the outer Extremity, were in the latter End of that Year, swept away; and the ruinous Remains of the Structure, sunk at the Mouth of the Harbour, at present impede and render dangerous the Approach to the Port, which is narrow and confined.

It is further stated, that in consequence of the Loss of the Portion of the Pier so destroyed, the Security of Vessels lying in the Harbour is, during the heavy Swells always occasioned by strong easterly Winds, materially diminished.

The Harbour Master, in his Examination, describes the Harbour, with the Depths of Water therein at Spring and Neap Tides; the reduced Number and Tonnage of the Vessels which have been known to come in since the above-mentioned Disaster, compared with the Times antecedent; and the obviously ineffectual and insecure Mode of lighting the Mouth of the Harbour now used, either as a Guidance to Vessels distant at Sea, or as a Direction to their more safely entering the Port.

Various other of the Harbours of the Island carry the Appearance of being neglected, or at least of not being kept up in a good and flourishing Condition. The Capability of these respective Harbours for Improvement, and the Ease or Difficulty with which they might severally be repaired, extended, widened, or deepened; as alto what other Plans might be adviseable to make them more safe and capacious; and whether the natural Advantages of other Situations, be such as to afford fair Probability of adding to the valuable Possession of Harbours in the Island, and justify Attempts for that Purpose; are Matters of Consideration foreign from our Province, and upon which we are incompetent to judge. A Circumstance which we are satisfied to find is the less material, as a Person professionally qualified did, pursuant to the Orders of the Lords of the Treasury, survey the Harbour of Douglas in the Year 1790, and deliver in two different Plans and Estimates in respect thereof; and as the same Gentleman, who arrived in the Island just before our Departure, has, we understand, taken Surveys and made Drawings of other Ports and Harbours in the Island, and is enabled to furnish them if required. Those several Materials, with the Estimates built thereon, will give the true and regular Documents for Knowledge and Determination upon these weighty Points, and which it was altogether out of our Power to supply. We can do no more than bear Testimony to the visible actual State in which we found the Subjects in question.

We are, however, impelled to add, that the Acquisition of Harbours, capable of offering Space and Convenience to carry on the Operations of Trade in favourable Seasons, and of yielding Shelter and Refuge to Vessels navigating the narrow and perilous Seas which surround the Isle of Man, under adverse Winds or in tempestuous Weather, must, we conclude, be deemed Objects worthy of the utmost public Regard, and truly national.

The Expence incurred in Undertakings of that Kind, founded upon any rational Prospect of Success, could stand in no Competition with the Preservation of Life and Property, and the Comfort and Confidence given to Vessels frequenting or occasionally visiting that Part of St. George's Channel.

The Insular Fisheries would therefrom derive Protection and Encouragement. They are represented to be often in imminent Peril for Want of such Resource.

It has been thought that the Advantage, to the Harbour Fund, which must eventually result from increased Trade, and the Harbours being more resorted to, would repay any Sums advanced and expended on the Object under Discussion.

Those good Effects might probably in the End follow, but apart from that Consideration, Humanity and true Policy would justify, or rather demand, the Expenditure, provided the Attainment of the End be practicable.

The particular Complaints of the Inhabitants, of the unequal or unwise Disposal of the Harbour Fund, are not Objects within the Scope of our Inquiry.

We have, under the Head Revenue, offered, a general Opinion, that the System established for conducting the Harbour Fund is defective, as well in Reference to the Description of Persons to whom the Management of the Harbours is chiefly entrusted, as the Mode of checking the Works and Disbursements applied to their Use.

The Remedy we have proposed, the Revision of the Act of the Eleventh of His Majesty, Cap. 52, may be made to correct the Grievances set forth where subsisting, and a Wish of the Inhabitants generally expressed, to have some such System restored in relation to the Harbours, as prevailed anterior to the Revestment, may meet with due Regard where fit and consistent.

A Memorial of a private Nature, connected with the Subject of the Harbours, was delivered in to us, signed John Taubman, James Kelly for John Stevenson, dated 21st October 1791. It regards Balances stated to be due to the respective Parties on Account of Sums severally lent by them on Bond, in the Years 1763 and 1764, to the Supervisors of the Old Harbour Fund, for the Benefit of the Harbours, and which Sums were accordingly applied. Two separate Petitions on this Subject. Copies of which accompanied the above, were presented by the said Parties to the Lords Commissioners of His Majesty's Treasury in March 1790.

The Hardship alledged arises out of Provisons in the last-mentioned Act, and the Matter now depends before the Lords of the Treasury. All, therefore, that seems to be proper on our Part, is to notice the Receipt of the Memorial, and to observe, that as far as we are enabled to judge from thence, the Cases do appear to be deserving of Consideration.

The erecting of Light-Houses in the Isle of Man was a Measure we heard frequently discussed and much recommended, during our Stay in the Island. None are there at present. In dark and stormy Nights, upon Coasts extremely dangerous, the Want of them must, we should think, be severely experienced, and the Loss of [many] Lives, and much Property ensue. Indeed the general Security of the Navigation of that Part of St. George's Channel could not, it should seem, fail to be promoted, by Lights erected on a Spot so commanding and centrical as the Isle of Man, and the Homeward and Outward Trade of the contiguous Ports of England, Scotland, and Ireland, to be particularly benefited.

The Calf of Man, Langley's Point, Douglas Head, and the Point of Airds, are the several Spots selected as the most fit for erecting Light-Houses.

The relative Aptitude of these several Places, or to what extent any Plan, if approved of, ought to be carried, are Subjects like the one of Harbours, on which we are not qualified to give an Opinion.

Deeming every Suggestion, which might lead to avert the Sacrifice of so valuable a Body of Men as those engaged in a seafaring Life, and to rescue from Destruction the Property of his Majesty's Subjects, as claiming to be well considered, we submit the above Proposal for more mature and complete Investigation.

The Duke of Atholl favoured us with Information and his Opinions touching various of the general Objects to which our Inquiries were directed.

To the Papers by which the same were conveyed to us, we have paid due Regard and Attention. Those Papers we have kept by themselves, and they are here annexed. They principally relate to Revenue, the Harbours, Lights, Public Buildings, and Population of the Island. The last of them recapitulates the Heads of some of the Evidence which the Duke had produced in support of his respective Allegations; and contains also various Observations of a general Nature.

Papers will be found in the Appendix which did not in the Whole, or in Part, appear to us to be relevant to the immediate Objects pointed out by our Instructions.

We have considered it right to deliver in the Papers we have received; but did not think it proper to discuss the Contents of such of them as came within the above Description.

Buckingham-street, York-Buildings, April 21, 1791.
JN^O SPRANGER.
W. GRANT.
WILL^M OSGOODE.
WILL^M ROE.

P.S. As I co-operated with the Gentlemen I have the Honour to be joined with in all the Proceedings, and as I agree in Opinion with them in Part, I have signed. this Report; but not being able to bring myself to view other Particulars in the same Light which they have done, I beg Leave to deliver in my own Observations, dated the 16th of March 1792, upon the Whole of the Inquiry at the Isle of Man, as containing my own Opinion upon each Head, after maturely considering the various Subjects and the Papers produced, and transmitted to the Commissioners, together with the Evidence taken relative to the several Matters stated in your Instructions to the Board; which Observations are, with the greatest Deference to the superior Abilities of Mr. Sprainger, Mr. Grant, Mr. Osgoode, and Mr. Roe, (Gentlemen for whom I have the greatest Respect,) humbly submitted to your Consideration.

PART THE FOURTH.

Suggestions for the Benefit of the Island, that have not been discussed under any of the foregoing Heads.

1st, THE LEGISLATURE.

2d, The LAWS, and the ADMINISTRATION of JUSTICE.

3d, SALARIES of some of the OFFICERS of Government.

Lieutenant Governor.

Deemster.

Attorney General.

4th, PUBLIC BUILDINGS.

5th, HARBOURS and LIGHTS.




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