Peter Espeut | The 1739 Maroon Treaty does not create a sovereign state

Last week, using objective criteria, I demonstrated that none of the Maroon communities in Jamaica – largely descended from enslaved Africans – can legitimately be called “indigenous people”, even though centuries ago their ancestors may have intermingled with Jamaica’s indigenous Taínos. Certain interests wish them to be deemed “indigenous people” so they may be entitled to the right to autonomy, self-determination, and self-government. They may then seek to be a “state within a state”.

It is not enough for the Maroons to consider themselves “indigenous people”; should such subjective criteria be sufficient, the infamous Christopher ‘Dudus’ Coke could claim that his culturally homogeneous green tribe of Tivoli Gardens are “indigenous people”, and therefore are entitled to be considered a “state within a state” – Jamaican police keep out! Nuff said!

But did the Treaty which Maroon Captain Cudjoe signed in 1739 with Colonel John Guthrie and Captain Francis Sadler on behalf of King George II create a “state within a state”, with any sort of autonomy?

TREATY OF PEACE AND FRIENDSHIP

The preamble states that it is a “treaty of peace and friendship”, not a treaty establishing a sovereign state. Two white men “shall constantly live and reside with Captain Cudjoe and his successors” (Article 14), obviously to keep an eye on them. When all the signers of the treaty pass on, “the Governor … for the time being, shall appoint … whom he thinks fit for that command” (Article 15). What sort of sovereignty is that?

“They shall enjoy and possess, for themselves and posterity for ever, all the lands situate and lying between Trelawney Town and the Cockpits, to the amount of fifteen hundred acres” (Article 3). Trelawney Town was in St James, about where Maroon Town is today. The Treaty awarded them land “between Trelawney Town and the Cockpits”, not the Cockpit Country itself.

They were, however, allowed “liberty to hunt where they shall think fit, except within three miles of any settlement, crawl, or pen” (Article 5). So they could hunt across the whole Cockpit Country – or on any unsettled land they liked – but the Treaty does not give them ownership of those areas.

Not only will all hostilities cease (Article 1), but from henceforth the Maroons will serve as a sort of “black militia”, fighting for the King against enemies domestic (Article 6) and foreign (Article 7).

Not only that, but the Maroons would function as bounty hunters: “If any Negroes shall hereafter run away from their masters or owners, and shall fall into Captain Cudjoe’s hands, they shall immediately be sent back … and these that bring them are to be satisfied for their trouble, as the legislature shall appoint” (Article 9).

The Jamaica House of Assembly voted a bounty of thirty shillings plus expenses for each runaway slave the Maroons returned. They were active bounty hunters, e.g., in April 1774 Captain Davy and some of the Scott’s Hall Maroons made an extensive search of the Hellshire Hills for runaways; not finding any, they descended to the coast and went by boat to search Pigeon Island and the Portland Bight Cays.

PAY ARREARS

Under Article 6 the Scott’s Hall Maroons were called up during Tacky’s 1760 Easter Rebellion, but they would not fight unless they had been paid the arrears owed them for capturing runaways; the planters present took up a collection among themselves and immediately paid off the debt. It was Captain Davy himself who shot and killed Tacky; the Maroons roasted and ate Tacky’s heart and entrails.

When Sam Sharpe’s slave rebellion began, Maroons from Moore Town and Charles Town offered their help to put down the rebellion; 107 Maroons arrived in Falmouth by sea from Port Antonio; they were said to be “a very effective body and anxious to be employed”.

At the onset, Sam Sharpe sent an emissary – Peter Douglas – to Col White of the Accompong Maroons to seek his support; Col White handed him over to the St Elizabeth militia, gave evidence against him, and he was tried, sentenced, and executed.

Records show that in 1833 the Maroons owned the following slaves: Moore Town (66), Charles Town (40), Accompong (14), and Scott’s Hall (1). As slaveowners almost all received their compensation money. The Maroons of Jamaica owe reparations to Jamaica black people.

In 1865, Paul Bogle appealed to the Hayfield Maroons for help with his cause; they declined on the grounds that they had a Treaty; on 23 October 1865 the Hayfield Maroons captured Bogle and handed him over to the authorities; on the following day he was court-martialled and hanged.

No one held guns to the heads of the Maroons and forced them to betray their colour; they were well aware of their obligations under the Treaty and enthusiastically complied. Far from being heroes, they were agents of the colonial state supporting slavery, and fighting against our national heroes.

Peter Espeut is a past vice president of the Jamaica Historical Society. Send feedback to columns@gleanerjm.com