At the time this article was written Gary
Levy was a Research Officer in the Research Branch, Library of Parliament.
The Parliament of the Bahamas celebrated Its
250th Anniversary from September 23rd to 30th in the presence of Her Royal
Highness Princess Anne and her husband Captain Mark Phillips. The formal
opening of a new session took place on the anniversary date, September 29th.
Included among the activities surrounding the event was the 15th Caribbean
Regional Conference of the Canadian Parliamentary Association, which began on
September 24th, and was attended by a number of Canadian representatives for
the Canadian Region of the Commonwealth Parliamentary Association.
Best known as a haven for tourists the
Bahamas also has one of the oldest representative Institutions in the
Commonwealth.
Although discovered by Christopher Columbus
in 1492, Spain made little use of the islands except to send their inhabitants
to work in the mines of Cuba. In the 17th century Britain took possession and
the islands were given by Royal Charter to Sir Robert Heath, Attorney General
of England. On July 9, 1647 the Company of Eleutherian Adventurers was formed
for the purpose of colonizing and developing the island. Its charter was
approved by the Cromwellian Parliament two years later and in a short time the
inhabitants had organized a settlement and instituted a form of government
including an elective House of Assembly. They chose Captain John Wentworth as
their Governor.
Notwithstanding the previous charter to
Heath, on November 1st 1670 Charles II granted the islands to Six Lord
Proprietors of Carolina. They confirmed the popular John Wentworth as Governor
and a system of government was established including a parliament with an
elected lower house. However, the Proprietors were unable to defend the island
against pirates one of whom was the notorious Edward Teach, known as
Blackbeard. A series of destructive Spanish attacks began in 1680 and in 1703
the English settlement was almost wiped out by a combined French and Spanish
force. In 1717 the Crown acceded to the wishes of the inhabitants and took over
civil and military government of the island.
The first Governor of the Crown Colony was
Woodes Rogers whose immediate problem was to restore law and order. Having
accomplished this he left for England carrying a testimonial from the principal
citizens of Nassau dated March 21, 1721. In it they asked for the right to call
an Assembly. Rogers was replaced as Governor by George! Phenney who continued
to agitate for a legislative assembly. He even submitted a petition with a list
of 27 "fit persons to be recommended to his majesty to be elected by the
Public to make an Assembly or execute other Public offices under the
Government". In 1728 Woodes returned to replace Phenney as Governor and
this time he was empowered by the King to call an elective Assembly of
twenty-four members. The writs were prepared and a proclamation issued on
September 8, 1729. The voting was spread over the week of September 15-20 and
the successful candidates met for the first time on September 29 at the Rouse
of Mr. Samuel Lawford.
For most of the eighteenth century the
Assembly had no fixed term. It tended to be long to avoid the nuisance and
expense of general elections. One "Long Parliament" in fact lasted
nine years. The question of adjournment also caused friction between Governor
and Assembly and by the middle of the nineteenth century the House was able to
force a dissolution upon Governor Rawson by adjourning week after week.
The Crown, through the Governor, had the
prerogative of choosing the number of Members of the House, and the place and
frequency of meetings. Qualifications for voting and membership were among the
lowest In America but they still ensured that only the most prominent citizens
sat In the House of Assembly and only a minority of the inhabitants voted. By
an Act of 1799, electors were to be male, free, white and 21 years of age. They
should have been residents of the Bahamas for at least a year and freeholders
in their voting district for six months.
Members of the House of Assembly were to be
free male whites at least 21 years of age, residents of the Bahamas at least
one year and "of the Protestant Religion". They were to hold no less
than 200 acres of land or to possess property to the value of 2,000 pounds.
Although this was reduced in 1804, it was a stringent qualification. In
addition, Members had to take oaths as to their qualifications and the Oaths of
Allegiance and Supremacy before they could vote in the House.
Free Negroes did not vote until 1807, and It
was several more years before any blacks sat In the House of Assembly. In 1834,
however, at the time of the Emancipation Act four blacks were elected to the
Assembly. Up to 1815 when the present chamber was completed, the House of
Assembly met in private homes and then In the Court House over the gaol, at the
corner of what are now Market and Bay Streets In Nassau. For the first century
of its existence the House met daily while in session, except for frequent
adjournments.
At the opening of each session the Speaker
demanded, and invariably received, the traditional parliamentary privileges;
free speech in the House, freedom from arrest except for treason, felony or.
breach of the peace; free access to the Governor and a favourable construction
by the Governor on all actions. The authority of the House of Assembly over its
own Members was conceded from the beginning and the earliest Rules of Procedure
date from August 20, 1734. The Speaker could suspend Members for breaking rules
and fine them for unauthorized absence, for refusing to carry a Message or for
using indecent language. Some Speakers went further. In 1741, a Member was
committed to prison for disobedience and in 1804, Freeman Johnson was fined 200
pounds for abusing the Speaker. The following year he was imprisoned ten days
for non payment. Members were also disqualified for prolonged absence without
permission and for leaving the colony at any time during a session of the
legislature. So jealous were some Speakers of the dignity of the House of
Assembly that even outsiders were summoned to the Bar. In 1768, the Rev. George
Tizard was asked to explain some slighting references he had made in a sermon.
Later, he was reprimanded by the Governor and offered an apology.
As with most British legislatures the House of
Assembly used the Issue of control of finances to establish a strong position
in relation to the executive. For example, all Governors from the time of
Rogers onwards had to rely upon the Assembly to vote them their salary. In. a
small colony the assent of the people to any tax Is essential to Its success
and money bills Invariably originated in the Assembly through a Committee of
the Whole House. In 1753, Governor Tinker's request for money to finish the new
church sounded much like a plea. He promised the Members that he would make no
other demands on them "in your present Circumstances".
Up to 1964, representative but not
responsible government existed. Executive power was in the hands of the
Governor, appointed by the Crown, who had veto. He was advised by an appointed
Executive Council of not more than nine members. Various executive powers and
the right to enact certain subsidiary legislation were vested by law in the
Governor-in-Council. The legislature comprised a Legislative Council, (created
as a separate Council by Royal Letters Patent In 1841), of eleven members (two
ex-officio and nine appointed by the Governor) and the elected House of
Assembly. The new constitution which came into effect in 1964 provided for a
ministerial system of government.
The Legislature was reconstituted to consist
of an Upper House called the Senate and a Lower House called the House of
Assembly. The Senate consisted of fifteen appointed members. The House of
Assembly consisted of 38 members elected under universal adult franchise, 21
representing Family Island constituencies and 17 from New Providence. The
Cabinet consisted of a Premier and not less than eight other Ministers. The
Governor appointed as Premier the person who appeared to him to be best able to
command a majority In the House of Assembly. The remaining Ministers were
appointed by the Governor on the advice of the Premier. The general election of
January 1967 was the first held under universal adult suffrage and Mr. Lynden
O. Pindling, leader of the Progressive Liberal Party (PLP), was asked to form a
Government.
A further Constitutional Conference was held
in September 1968 and the proposals agreed at this Conference were incorporated
in the Bahama Islands (Constitution) Order 1959 which came into operation on
10th May of that year. It gave the Bahamas the most advanced form of
Constitution possible short of complete independence. It provided for a
Governor representing The Queen; a Cabinet consisting of the Prime Minister and
not less than eight other Ministers and a bicameral legislature. ".Me
Governor retained special responsibility for certain matters relating to
external affairs and defence, but was required to consult his Ministers on
matters which involved the country's political, economic or financial
interests. The Governor also retained ultimate responsibility for the Police
and internal security, but immediate responsibility was entrusted to a Minister
designated on the advice of the Prime Minister.
In 1972 Mr. Pindling's government presented
Parliament with a proposal for independence and in a general election held
later that year his party won 20 of the 38 seats In the House of Assembly. The
details of independence were worked out at a conference in London and the
Bahamas became independent on July 10, 1973. It was the thirty-third member of
the Commonwealth. The Pindling government was again returned at the most recent
election in 1977.
Sources
Craton, Michael, A History of the Bahamas,
London, 1963.
Foreign and Commonwealth Office, A
Yearbook of the Commonwealth 1978, London, 1978.
Mosley, Mary, The Bahamas Handbook,
Nassau, 19215.