Construction, maintenance of public roads post-emancipation

Dr Rita Pemberton

THE TERMINATION of the apprenticeship system and with it forced labour in 1838 warranted several changes to the laws of Tobago.

One area in which revision was considered essential was the management of roads.

During the era of enslavement, roads provided the main means of communication and were of critical importance for defence against both internal and external security challenges.

Up to August 1, 1838, it was the responsibility of estate owners to maintain those portions of the public roads which bounded their estates. It was simple for plantation owners to include road maintenance as a part of routine labour for their enslaved charges.

However, given the challenges to the sugar industry during the 19th century, this system never operated satisfactorily, particularly between 1833 and 1838.

The main factor which stimulated the change was that with the termination of the apprenticeship system, since free labour was no longer available, an alternative system had to be devised. The island’s administration therefore considered it necessary to replace the defective system with a new Road Act, which governed the making and repair of roads and streets.

The first striking factor of this law was that it reclassified the existing communication arteries, formerly known as estate roads, bridle or horse paths, or roads for carriages, as public roads and streets. These redesignated roads were connected to the main centres – the capital, Scarborough, and the towns of Plymouth and Milford and to the parishes – by streets.

The main thoroughfare connected the parishes from Scarborough west through Lowlands Estates to Sandy Point Bay, thence through Mt Irvine and Buccoo Estates to Little and Great Courland through the town of Plymouth; then north through to Adventure, Arnos Vale, Les Coteaux and Woodland Estates until it joins the crossroad from Scarborough via Cook’s River.

The road system then connects through Rockley Vale and Calder Hall, Government House, Cinnamon Hill and Concordia into the centre of the island, until it intersects with the North Road which links Plymouth to King Peter’s Bay. It then connects with the Charlotteville-Speyside Road and south to Scarborough, where it joins Plymouth Road through Whim and Northside Road from Fort King George, Mt Grace, to west of Government House, to intersect with the crossroad from Calder Hall Pasture and the nearby public road. This created a complete road network.

It is very striking that the public road system continued the pattern established during slavery, to have a connection road to ensure access to all estates as a security measure for swift communication and defence. This was an urgent matter for the plantation owners, who anticipated conflicts would develop with the newly freed African population and feared freedom would jeopardise the sugar industry.

Responsibility for road construction and maintenance was the portfolio of officers called way wardens, who were selected from among freeholders, rentiers, attorneys, magistrates, or merchants in each parish or district.

The parishes were divided into seven clearly defined districts. There were 18 appointees, five each in St Andrew, St David and St Patrick, which included two residents in the town of Scarborough, one in Plymouth and three in the other parishes and districts.

The way wardens were sworn in by a justice of the peace, and should they fail to perform their duty, they could be fined up to £10 for every omission. Should there be a need to replace a way warden, this was the duty of the court of the Kings Bench.

The way wardens had wide powers to enlist people to work on the roads. All able-bodied male residents between 16 and 50 were eligible, either in their own capacity or by sending their employees. They were required to equip themselves with the tools and implements for the required tasks and paid sixpence (12 cents) per day. Those who neglected or refused to perform the required duties faced a charge of up to 20 shillings.

Way wardens were authorised to call on the services of males who owned carts, horses, mules or oxen with “proper" drivers by written summonses, delivered by the constables of their districts. Those chosen were directed to perform such labour, 48 hours before the task was required, at the following rates: to each cart with four oxen, one driver and one leader, the sum of 12 shillings, and for each cart with two mules or horses and one driver, ten shillings per day.

Way wardens were also authorised to employ qualified people to deliver notices and keep records of employees as well as to superintend repairs and hire constables, who were paid three shillings per day for a nine-hour workday.

People who did not comply with the regulations or were insolent to constables and/or superintendents, disorderly or produced slovenly work would be reported to the JP and fined up to eight shillings.

If they failed or were unable to pay, the constable who laid the charge was authorised to levy on their property, with the constable’s fees included in the selling price. Sale would be by public auction, 48 hours after each levy.

If the offender had no possessions on which to levy, he would be committed to jail for up to eight days, with or without hard labour on the public roads.

Way wardens had to keep a register of people in their districts who were eligible to labour on the roads. In case of floods, landslides or earthquake, the way wardens were to call out workers six hours before duty with horses, cart mules or oxen to clear and repair roads. Refusal to comply led to fines.

Way wardens were authorised to widen roads afflicted by floods to 30 feet or altered by the creation of a new road if necessary. Where such an extension involved incursions onto the property of an objecting owner, the matter was subject to the court.

Way wardens were also authorised to cut and prune overhanging trees that excluded sunshine and impeded the flow of air and to instal mileposts denoting the distance from Scarborough, arrange for repair of bridges on the public roads and building and repair of drains, for which activity they could remove stones or gravel wherever they could be found without damaging the property in the process of removal.

The responsibilities of the way wardens included attending to loose animals on the street. They were authorised to impound these animals and their owners were liable for penalties up to ten shillings or 48 hours' imprisonment. If stray animals were found on the streets of Scarborough, the way warden could employ people to destroy them. Owners were required to remove the carcasses from the street within an hour, or anyone else could take possession of them.

The act included punishment for misuse of the road – digging dirt from the side of the road; destroying mileposts; damaging bridges, drains or watercourses; placing material on public roads or streets to interrupt free passage; throwing or rolling stones, brushwood or garbage on the road; placing stalls, trays or baskets or hanging clothes by the side of the road; driving carts without a leader; galloping horses or mules furiously or driving carts improperly.

Offenders faced fines up to 20 shillings or 14 days' incarceration in the nearest prison, with or without hard labour. The possessions of offenders who could not pay would be levied upon by the constable in the area.

The act was clearly tilted against the freed Africans. The wages for road labour were similar to those on estates and were not intended to compete with estate labour or to allow workers to increase their earnings.

Punishments for infractions were directed at activities in which the freed Africans were engaged in the effort to avoid estate labour, and were not affordable for freed people, because they were out of line with their earnings.

The Road Act was another indication of the ruling class's effort to restrict the growth and development of an independent community of free people in post-emancipation Tobago.