Dr Rita Pemberton

THE IMPACT of the union of Trinidad and Tobago was most immediately felt in the legal sphere, for it resulted in the termination of the laws of Tobago and the automatic application of the laws of Trinidad to Tobago.

There was neither a period of preparation, explanation nor adjustment of the existing legal apparatus in Tobago for operation under the laws of Trinidad, and the population was not made aware of the changes in the modes of operations of the legal system. Hence the administration of Tobago was not prepared for the changes that the new association would place on the people of the island.

Although, like the Tobago Assembly and Council, the Legislative Council of Trinidad was also dominated by large planters, this was not going to be a smooth transition because of the different historical experiences of both islands, as a result of which there were situations in Trinidad which did not exist in Tobago, and which warranted legal systems which were not then necessary in Tobago.

In addition, as was demonstrated in matters pertaining to land sales, the situation in Tobago required legal provisions which were not included in the laws of Trinidad and which the authorities in Trinidad were not disposed to favour. There was no warning of the impending cloud over the island because of the legal change that came with union.

Under the laws of the union, the Chief Justice of Trinidad was required to visit Tobago periodically. Then Chief Justice Sir John Gorrie held his first sitting at the court on January 15, 1889, when, to the shock of the island's planter class, he dismissed the three cases which were brought by planters against metayers.

Following the provisions of the Ordinance of the Trinidad Judicature, Gorrie allowed cases to be heard under the

in forma pauperis provision, but he waived the requirements because he noted that the state of poverty of the metayers restricted their access to the courts for conflict resolution.

This was a signal event in the history of Tobago, because it was a major departure from the traditional way disputes had been handled on the island. With their colleagues and friends serving as the dispensers of justice, the members of the planting community had been accustomed to having their own way and many disputes did not even reach to the court.

While the metayers were jubilant at the move away from the arbitrariness of the prevailing system, and were anxious to bring more matters before the judge, who they considered to be their friend, the planters were angry. They were concerned about the possible erosion of their controlling power on the island and were appalled at what they considered a travesty of justice. Gorrie was their enemy.

Gorrie provided explanations for the course of action which he took, which revealed the poor state of the judicature in Tobago. These revelations were later supported by Justice Lewis, who conducted cases in Tobago in October 1889.

The island's legal department was made up of two solicitors, one of wh