Page 12 - The Maroon- Patricia Reid

Then in 1956 the issue of where Maroons stand legally was further illuminated in a case of R vs Mann O Rowe (ex-Secretary of State of

Accompong or Maroon Chief) charged for possession of ganja on Maroon lands in which the Chief Justice of Jamaica denied any

autonomy of Maroons according to Jamaican law.

The Chief Justice reasoned:”...Although the arrangement between the Government of Jamaica and the Maroons took the form of a treaty,

that document was in reality “the articles of agreement in which was set out inter alia, the condition under which His Majesty granted his

pardon to rebels.

Continuing, the Chief Justice asserts that “there is today no difference or distinction whatever in the rights and obligations as defined by

the law of this island between persons residing in former Maroon settlements and those of any other British subject in Jamaica” — the

1962 Jamaican Constitution Order in Council passed by the United Kingdom Parliament whilst retaining her Majesty Queen Elizabeth II

as Head of State.

However, there is no reference in the Order of Council or the Constitution of Jamaica to the Maroons! The answer, therefore, to the topic

of this piece is unequivocally 'No!' The implication of this is deeply dire to Maroon interests.

Clearly Maroon folklore, legends and emotional flight of fanciful stories will not suffice. We are a country of laws. In 1956 the legal

relevance and validity of the two Maroon 'Treaties' of 1739 and 1741 were tested in law through the Supreme Court of Jamaica. The

outcome was dismal for the Maroons.