The Sun. — London, England, 1825-06-17 00:00:00

-though entirely innocent of any offence against the Colonial -Government collectively, or any member comprising it, he was compelled from the alarming suggestions of his friends to seek concealment and withdraw himself from the further persecution of his Excellency. Through the instrumentality of the Chief Justice and the Fiscal he ultimately embarked, and on the 22d of last December quitted the colony. It will be apparent, that in presenting such a statement of grievanies to your Honourable House. through the vehicle of a petition, your petitioner must necessarily be restricted to a very imperfect development of four years' - unceasing injustice and persecution; but he is fully prepared to substantiate, every allegation he has advanced, as swell as charges of a more seri ous descrintion, against his Excellency the Governor of the Cape of Good ]lope, should such evidence be required of him. In. illustating the character of judicial procedure at the Cape, your petitioner most respectfully craves the attention of your Hon. House to the extraordinary contrast of his case with that of ?4r. Lancelet Cooke's, a roost-respectable merchant of Cape town, *ho was tried for precisely the same offence—that of im . punginet the .conduct_uf a public ft aTrpTietitreiti _for a, redress of grievants, but with the imputecl.superaddition of having given his ..memorial publicity—the greatest-possible. 'age'triVatton, or rather.the chief essential in the construction.of libel—in offence not ever. charged against your petitioner.: .31re 'Cooke, who stool neuter with the Colonial Government,. was'. acquitted your petitioner, - unfortunately not in his prediLitheut, was condemned. ;for, your petitioner most • hinbly. rbmits, can r e _pure- and unbiased judgment be-looked' Ter; in causes,df appealto his Excellency , where a.”. malus .ani may be said natorally to exist, as in the case of the. Dutchman Dure, who succeeded in-causes wherein he was ap- , "pellant tol)eis.Exaelleney, shortly -after the purchase of one of his gXeelreney's horses for 10,000 dollars, which died after pay.. • reent and before delivery from the staAes. . T.bat your petitioner, in.conimon with his brother, Colonists, has much aggrieved by th.e.extraordinary -fluctuation of • the .Colonial . rate of exhange, which singularly proved at 111eher.diseount when his Excellency has had occasioned to-etraw than cebenhelias found it expedient to remit—an.evil that woultk have., lass, injurious operation. if his- Excellency's salary way paid in colonial currency. . . That should your Hon. House suppose the .Commissariat Departenent at the Cape of Good Hope to be governed by the ordiary reg4latiOns, your petitioner most respectfully-begs leave to disabuse your Hon. ]louse of such opinion; the supplies in the district of Albany having been, up, to. the arrival of the 'Comeniseioriers of Inquiry,-.derived from private. tender only. Ifence the enormous price.of 23. slivers and -a fraction paid to the bailiff of the Somerset , establishment per ration for the 't.e.oopf on the frontier, which your-petitioner would gladly have contributed at ten stivers per ratione- a circumstance that, wav ing suspicion of peculation in the enormous balances of profit, must necessarily enrich the Colonial at the expence of _the lilorneTreasury, and which,-by excluding campetition, paralyzes the efrorts.of the settler in the only profitable vent for this industry. • • • • That in the abandonment. of Bathurst, and the determined - opposition of his Excellency. to the wise and-paternal measu red of Sir Bufane Shaw Donkin, the interests of .the_- settlers were d:rectly• compromised without any regard to conseqeences, from which 'they. have scarcely yet recovered ; while in the cul tivation of green, forage by the triilitary, and the substitution Of the Hottented regiment for - troops of. the line,- as .a protect:- lag force on. the frontier., -your petitioner and, his brother co lonists have experienced evils,. of . grievous magnitude and pressure. . • That in the' constitution of the Judicial Body at the Cape, none of those safeguards .are perceptible which ...insure to. the subject the flovior unpolluted, justice, its. present organization Consisting' for-the mast part of displaced Landdrosts, .and'. one retired Etirtriiih Commissary., all remniahle at the pleasure of hi 4 Excellency,' and ; consequently susceptible of • imputations which will be apparent to your Honourable House. • That your petitioner, so . far. from desiring- to -agitate any question which might glance at the eligibility of Lord Charles Somerset to his Government, haii spared-no efibrt to obtain a moderate redress from Earl Bathurst's department, but that department, throtighout its whole correspondence, has pro: jetted so many obstacles and delays, and manifested so little sympathy tor tne unwarrantable aggressions your_petitioner has suatained, that he is compelled to throw himself upon the - jus tice of your - Honourable House, - • )(Our petitioner therefore prays, that your Honourable House will cause an inquiry to be instituted into the.conduct of Lord '•Charles Somerset and the Colpnial Authorities at the Cape, and extend to at:rut-petitioner such protection and redress as.to your. liorioura.ble House,may seem meet.• . • And your petitioner,:ike. - - . • . Mr. ELIJrcE asked if the report of the Commissioners ap pointed to inquireinto the Colonies of St. Lucia and Trinidad had been received. . . . • . . .. Mr. W. HORTON. answered in the .negetive. - Mr. II ME puts question respecting Edwards,. to know if any measures had been taken, in consequence of his banishment from the colony to which he was sent. Mr. W. II ORTON .raid, that by subsequent accounts it ap peared that Ed wards had run away. Mr. BROUGH Alit gave notice, that he would on Tuesday • next move to refer the petition to a Select Committee.. Mr. S. WORTLEY presented a .petition front Mr. Robert GOurlay, on the subject of ,the Poor Laws. • • Mr. N. CALVERT pr es4nteti a petition from Ware, in fa vour of the bill for slaughtering eattle. . . Mr. HUMP; presented. a petition front the coopers of . Dub. lin, upon the subject of the Combination laws, complaining that the late Committee had only examined police-officers and master tradesmen in their sittings. THE NAVY. . Mr. HU3IE presentzda petition from certain seamen, pray ing that the time of serving in the navy. might be limited—that no corporal puufshmentsshould.he inflicted—that the pay should be equal to the rial% and hardship of the service,--that wize n-piney should be More fairly shared, and that of should.be chosen according to.their skill and experience and merits in the service. . • ~ Mr. SYKES presented a petition from the merchants of Hail, relative to the duties on foreign timber COMMITMENT OF FELONS. Mr. WESTERNno;er for -returns, for the purpose of sheering the difference of numbers between those committed orr criminal charges within. certain districts, against whom no bills were. finind and no..verdiet obtained, and those who were con victed.. Ile proposed to ground a motion upon it hereafter, as the disproportion was striking, and on all accounts highly jeictionable. Air. PEEL adMitted - that this wasa circumstance which was not creditable to the judicial powers of the country. He was al- I most in despair of finding a proper remedy for it. He thought that much would be done by increasing the bses of the county juries. :Fie could not help. thinking that in the increase of wealth and poWer e too_much - of the business of justice fell upon that body of gentlemen who formed the grand jury, who had to find almost all the bills, and who, be it, observed, had in most instances the duties as members of Parliament to attend to be. sides. Ile thought that to increaseethe number of judges might be an advisable ekperimLet, with •a view to the more speedy. clearing of the . gaols.. reason.could be advanced for holding to the petrefeniarlitirither of 12, if the interests of the coe.ntry could be benefitted by increasing IL . • Mr. DENMAN thought that by reducing the business of the Quarter Sessions; anel letting the King's Commissioners go into places where die' gaols- were unusually foil, they might put off, for the present, the forinidable expences of new Judges and an additional circuit: Mr. H.'SlTlVlNER:coin'plainea of the manner in which the time was ;distributed feetlie..triar of causes at present on the third Circuits, and ofth'6"sentlink the Judges for criminal case on them, when only otiliWas allowed for the Spring or:Winter. AIr...PEEL - observed;' the t an arrangement had been made to enable the Chier c idstine of the Common : Pleas to give his Lis-. sistance the .Allusion had been made to one subject which appeared to.him tote of great importance ; and. _be was glad that it hid been noticed, as it gave him - an opportu nity for stating - his opinion. He adverted to the heavy expences. which devolved and the great emoluments which Wereed - drived by Sub:Slierifis.—(Hear I)—These two points, together with the relition in-which the High Sheriff was eced with reference to the Sub-Sheriff, were well. worthy of eoneid ere tion.—( Hear An Hon. •AliainF.ii, who spoke from under the gallery, oh-'I served,:that - the appointment of another assistant to the High Sheriff' would_he advantageous. • . • After a few_ words frtirn Mr. PEEL, the motion was agreed to • ' lEDF 4 X . TO THEI...TOURNALS. Mr. BANKES rnoved,,lbat it:Select 'Cianniiitee he appointed to examine the peogresii mach in the formation ofn general In dex to the Journals Of tile Iliniie, from the period. of the Union to the death of hiielate Majesty; and also into the pr . ogress of a similar Index from the latter period to the present time ; and to report their Willa: to the Mouse.—Agreed to. COMBINATION LAWS. Mr. WALLACE. brought up the report of tee Co mmittee sppointed.to inquireinto the effect of the Act passed last session for the repeal of the :Combination Laws. --The Right Hon. Oentleniansaid it Weis his Wish that the Report and the evidence should be printedos, even at this period of the . session, it was proper - that the subject - should he open to discussion. This course he was anxious should be adoptod, for the general con venience of the Hodse. 'The repoit recommended the adoption of a measure which the ,Colimiittee deemed it necessary to be passed as soon as possible, with. a view to c h e ck the general state of combination which Prevailed throughout the country at present; If the House agreed in the propriety of this proceed ing, he should be able to submit the Bill to the House .cither to-night or to morrow. The Bill being brought in and printed the discussion on it might take plate as soon 88 possible afterthe Iteport and'llie . evidente given. &doze the Committee were in b~ ,ti xx.-~::~ I.Yx=s}s .1- the hands ofllembers.—(llear !)--He waeparticularlehtlealrous that the subject should be fully considered, and that every false impression relative to the intention of the Committee should be rertfoved as speedily as possible. An impression had gone forth that it was the intention of the - Committee to propose the re enactment of the former laws: but.they intended to do no such thing. They recommended a particular measure, and they also called for the-repeal of the Att...of-last Seirionessa e l os i Mi. MANSFIELD . uh*titl to theecouehich *Tie ee mittee had.taken. TflisAeikrt . was fo de( ; ! ethe re oe . - tions and observations. orthe masters, w ile y e a .port e • allowed to the worgentb counteract th..s. Mr. 'WALLA thOughtlrfair to sta e, on the par o the Committee, that the different cases brought before them were minutely investigated; and eetherg e irefsurnalinu.-was-reixen-Pase the part of the masters, the - Committee were anxious to receive such evidence as could be adduced on the other side.—( Hear !) —They were ready to hear any complaint that could„ be made on the.part of the workmen against the masters.—Wear Nothing like partiality was shewn ; and hayoint of truth •cite tumber - of-woettrinen exailea - vetegreater thanihe number - of persons who complained of theme_ . Mr. HUME dcoreceted as much as-any person, the.outragee that had been committed in Dublin and Glasgow; at the-same time he had. tacomplain, that in tthe Committee the - operatives themselves were ruseex a atnined. Ile did not think' that- that' Committee had not t Ortormed all that it was intended by the House it should perform at the time of• its formation. - The .Housealaat year carried a teaolution for repeal of the oth.ofl George IY.,'Chap. 95, and this •Session it was proposed to re enact, if not.all, at least a part, of drat which had been before' repealed.. Before that repeal the fullestexamination oughato be entered upon. Upwards. of one hundred petitions had been presented to the, House from the operative classes, praying to be examined. A deputation for that purpose - had come- from the operatives of Sheffield, but they returned without :being examined, and.on being told by the-lionahrable Member for Yorkshire (31e. Stuart Worry)- that if it were necessary they would .he sent _ for And examined. It was not sufficient alone to ascertain that combination existed, the extene.of it, the causes it, and whether.it was the fault of the -masters or of the men should also he inquired into:—(Hear,-.hear, hear!) — There had certainly been strikes for wages in several parts of the country, but these strikes had not been, as formerly, accom panied by Threat,. intimidation' or violence. , There- had been meetings certainly, but they were- open-. and undisguised, and not as before secret. As to the.outragtoernplainect or - in , Giese gow ; he had letters requesting him toeassitre•the House; that that was not.the act of-any body of workmen, but the act of . a kw, oneof whom suffered, and the other was arreigned.. 'These persons too, who it was stated, were; suborned to commit assas sination, were reduced -to a state of.. starvation. Ile.begged: to Fall the attention of the House, however, to another case that pccurred.in Glasgow. Mr..Dunlop had a-number of workmen (he believed 10), who . struck for wages. . A meeting of , the oldsters of that City, in consequence took placee and they came tie a resolution thatthey.would discharge all -.their workmen, amounting: to 10,000 persons, unless 31e. Dunlop's wurkmea re. turned to their work; they -.did ,not, however a eeturn, the consequence was,, that.lo,ooo persons were-discharged, and left withoueoccupatien for four months; and:so theymight, had not the cOmMuity cried " shame" upon them, This.waean atroci ous combination on the part ofthe masters,- and it might, per haps, on. inquiry, be found that in. inane irstaccee . the masters were more th;blarne.then the men. t As the House • had re pealed the former laws, it ought . not, in .his opinion, alter it hastily„it ought to wait until the propriety of. the alteration had been fairly tried by the test of time: He. wished to offer .no obstacle .to any measure. that- would propoee -a beneficial change; but he disapproved of any measure of change without having.testimony of the persons w ho.would 6e.most iiffected by that change.... . .31r. PEEL deprecated a discussion on:thisluestion present momene.— (Hear l)—Ilis Bight Hon. 'Friend (Mr. Wallace) postponed.saying a single Wortlitafavour of the pro- . posed measure, because lie felt that it would be-much better and more easily understood when it was • printed. In his mind that was by far the safest .course to pursue.( Hear !)—: • Injustice to the Committee, he- must deny the statement of the Hon. -Gentleman as to the .examieation - of witnesses:— There wee do refusal to examine any man - whOse evidence . Was necessary to the purpose which the Committee assembled to effect—namely, the introthictien of some measure to check the confusion. which at present prevailed. .1 f they were to examine : every man who presented himself, anti to-pot ()Wetly renii-dial measure until- the inquiry was closed, that- course would . evidently., be destructive of the ohjeet they had in view. IHe threw overboard entirely .Mr. Dunlop's case. It the Biil ?Jere introduced on that ground, there would be something in the argument. The Cou;mittee did not wish to punish or coerco arty person ; but the whole question was,. whether the fill proceeded -on just principles or not ? On that ground it must stand -or fall. Sir M. W. le 1 DLEY complained that the lion. Gentleman (Mr. Hume) had taken a very unfair view.of the case.. He would, lioa-ever, leave the conduct of the- Committee.to the Un biassed consideration of the-house. and the_public.---(Hearl) - Mr. WA LI,ACE then moved for leave to bring in a Bill ", to repeal an Act of the last Session for the regulation of work men, and to introduce other provisions in. lieu thereof."—Leave given. . DEPORTATION OF -TWO -PERSONS _OF COLOUR. FROM JAMAICA. Dr. LUSHI.NGTON rose, pursuant•tunnece,'tc , present a Petitionfrotn two persons of the nein es of Elcoffery and Leceane, complaining of having been, without any-just cause, sent ont• - of the.lsland of Jamaica, in 1823 n by the Duke of Manchester.. Mr. W. HORTON wished to know what motion the Learned' Gentleomn meant to found on that Petition ?- • , Dr. LUSH INGTON was at a loss to know how that Hon. Gentleman could be ignorant of the course lie intended to por- • sue, as e from the discussions . which had already taken place' • upon the subject e thellonourable Gentleman might have per ceived it was. his iutention • to move that the petition and the 'papers connected with .it ..should be referred to a Select Com mittee. cry other course, he . was apprehensive, would fall' , short of doing that justice to the petitioners whiCh he was desi rous to obtain for them. In bringing. forward this motion at the present advanced period of. the ..-Seasion, he .hoped he would be excused, as the motive that prompted hint not to ttoduce it at an earlier one, was an unwillingness to discuss the subject until .hapapers:to which he would have occasion to refer were printed, and were fully before the House. The motion was one whichite thought was intimately connected with the happi ness; and sivenehe safety of our Nireet India Wonies,•more par ticularly with that of the island of Jamaica. The case to which he was desirous of calling the -attention of the Molise was one of the greatest outrages that had been • or could he perpetrated. Asehe4iouse was not familiar with the ' discussions on this sub ject,• he would aake the „liberty of stating to the -House the amount of the population in the island of Jamaica. There were three classes of inhabitants—the 'first, and the most nu merous part of the population, he meant the black population, consisted. of 360,000 persons. -Besides these there were 36,000 men of colour, and 25,000 w h iteee To the•second class , he was anxious to call the-attention of the ]louse, as the per sons whose case he had that night to.bring forarard belonged to it. This clays- formed a principal part. of the inhabitants of that island. Previous to the year 1613, this classeeuffered under severe disabilities ; until that_ period a white person could not make a will bequeathing property-of a larger amount • than 2,0001. to any person of colour, though that-person Was his own son. Neither could he serve on Juries, nor give evi dence against_a white person-:-henvattobliged to contribute his proportion of taxes.s-to contribute also his proportion to the fonds for education,. whilst be was shut out from all places of trust, and deprived 'of the advantages of those institutiona -which he mainly - aided- to -maintain. lie was also debarred from ; exercising the - elective • franchise, and from various other privileges. • Such was . itiS•: condition in 1813, - when some of the disabilities under which --he laboured were removed, but many of diem were -permitted - to continue........ In ..113:12, they resolved on a petition to the Legislative As semblyirof.Jamaica for a reinovalcrflhe remaining disabilities under which they laboured. And here he- would take an op portunity of stating how important it was to conciliate this irn portant crass of the inhabitants of jamaica n as diey were a 'class in Jamaica constantly increasing in.population. To the ordi nary increase amongst themselves was superadded the increase that arose from their intercourse with the -white - portion of the I population.. As to their character- all writers concurred in theH highest testimony to its integrity and to their peaceable de meanour. It was said by Mr. Edwards to be unimpeoched and unimpeachable. , Thallouse of Assembly an - also Jerre testimony to their character and conduct.- _ln. one of their Re- ports was to be found a passage to-the following effect , cannot conclude this. Report .without bestowing our meed of praise on the people. of colour. By "their conduct they have identified. themselves with the interests - of the island, and have shown themselves zealous supporters of its internal .welfare.." And this testimony, it-should be borne in mind; was given at 'a time that the island had just recovered, as it were, from a storm, and that an opportunity of testifying their peaceable tleportment - had been recently-afforded them. It would be right to state, that there were four orders or -degrees of persons in Jamaica, , who werarecognized by a particular shade of: colour ; first; there was the black, next to Min was the mulatto, third the mastic, and, fourthly the mussaphee. So that disabilities were • determined and arranged' by shadessof complexion, and the West Indies was the only -Fart of his Majesty's dominions winre this difference was recognized.; as in this country there were two persons, one holding high place in thaarmy, and the other. had formed a connexion with • the family of a Member of the House. -The petition to which he had before adverted was in the' first instance intrusted to Mr. Hector asMitchell,.Aemblr of •u jram ylagi ai s ca trate and a Member of the - Le g islativ e . hands • of Mr. Barret, he believed, of the from it a was subsequently placed in the zeal of the former. Of the latter Gentleman he was disposed to speak with the utmost respect for the integrity of conduct and firmness of purpose ethich he evinced throughout the whole of these proceedings.e s Tire hi l wasintroduced, and on a second reading was rejectetV.Tor 'pdesiaistifig this measure, and for being Members is,the s Catirtitteset that prepared the applica tion to the LegiitatiV . .o AssehiblFehthese two persons, Lani&e. and Escoffery, - were .• : kaifft - froqn etheir - families, and forcibly deported from the Isltirls norejaisealea. The pretence of Ex.: , pelting them .from the iellanit Wat;ioneler the Alien Act. '.1 , 1 1 ;y, were then a ge d, on e . twe'retyselgliE years and the other th, -- five, and they were called Upon 'instantly to prove, that theta were not aliensa-a proof that from the distance of time it was not easy on the occasion to supply, lie (Dr. Lushingaon) was .praparad-to-provertitat this Was solely - n - prereneNllbillEeArien _ ... 1 Act was never intended to be- so applied, and that the sole ground for expelling these individuals was their obnoxious ratuonstranceeto - procure a , removal of - the e dis'abilitieti undir ,whith they ihil the class - 'td irhich they' belonged labourecL The_Alieh Act wassinteaded-to-facilitatatht removal - . of-:arose admitted to - bealleirS'frefn - 76 . fie place to another, and was not ever intended to be atpplieddo the oppressiire purposes for which • it was intended in the present instance. In the papers which were now before the House, Mr. Hector Mitchell, in Magis trate-of lijngstwi.stateti ,that those'percerrs, Who were men not' orniean origin or co:idition, but who had been enctehsive dealers in the wholesale tradee who were married ' and- had children : he stated that they were leading persons amongst the-class they belonged to—that they exercised great influence over that class, and, that they were. members of a society - which pro fessed to 'be formed for charitable purposes, but was formed secretly„ and, for purposes very, different from' those of cha lity: Now he . Dr.-Lashing -ton) was prepared to show that the purposes : to which the lends of- the .charity were deioted were laid before•the sidoscribets of that class to which they. belonged, that was a circumstance highly to their credit, as that class was stated by the Legislative .tssembly to have identified themselves with daaintereets of Jamaitta, and to have zealously promoted the welfate of the-island. -Although these individuals were not proved„ to lee s alien's; and although they were sergeants in the local rtilitia, which was a recognition oftheirnot being aliens, yet were they, upon the . order of the' Duke of Manchester; fOrcibly .deported.,from the island, and taken to St. Domingo.. ; Besldes, oae.of these were 'admitted by this very Mitchell not to have beea an .alien. Oa the occasion of taking . out his pri 'vilege Mr. Mitchell was one of the -Magistrates who attended at the time, and he in the latter instance rejected • the evidence which on a former. Occasion he had adMitted to be a foundation the their being native-born Indiana. The ,flon. AI ember ha%- big twoceedechto showadhat ilaese daulividuals were not' aliens, complaieed, of-the harshness with .which- they - had been treated by dir. Barnes, the Mayor of- Kingston, whose conduct to wards them Was rather that of- a prosecutor. than - that 'of an impartial administrator of public justice. A. motive . for his conduct . warsto he found in a verdict, which (as we. understood) was obtained fur the payment of ‘l,OOO/: to one of them. The decialort had been _made. in tile .first instance in favour of:the Mayor, bet was subsequently:reversed by the Council.' What .he stetted to thd House was founded on the most satisfactory docunienta e aud he assured the house he had taken . the artnuatt *IS to be Accurately informed of them, and 'had - seen the parties themselves, more than thirty individuals, with the petitioners, Lacine and lecoffery. It should be noticed that the indiyidaals whose petitlon lie presented had employed most • repectahle solicitors. - Their attornies were Messrs. Stephenson died. White. Mr, Stepheeson was himself a member of_the Local legislature, and was it likely that these , men woald Lave employed - such: individuals. to defend them if 1 they had been gtillty of any trirte against the Government ? Immediately npuenneir cormuittal the accused had - a petition i presented to the Legislative Assembly.' , This petition was sign et by thirty pefsens, Amongst them was Mr. Hall, a dlagis trate. Mr. Mali leis since conic over to England, he was now here and. he I:3:: cenfirrned , every allegation in thepetition. Painful as it would he to him, as he intended to return to Ja- Maiea, where such en luistility existed against people of colour, Mr. Hall bad Manfully come forward, and agreed to give his testimony in support of tliapetiiion. Five Magistrates signed the petition, and one Mete:her of the House of Assembly.. This confirmed the petition, and proved that the petitioners were not only . good itild.loyal subjects, bet that they were free from a shadOW.of blame, 'Would it be believed that amongst Others the Provost Marshal of Jamaica had signed the petition, which the slake of M a/wires - ter was inelioed to treat as nothing. The Dui': C of Mateirester stateiein his dispatches that the affidavits in favour Of the petitioners were made only by creditors, but it so happened . that, no. creditor .;isad- matte -an affidavit. A fdtv creditors had signed the petition to - the House of Assent , Lily.. It was sated in that petition that the petitioners that knew : the ,soused individuals from their infancy. That they were_re- Markalelefor, their good. conduct in- trade and•in the militia, that tit 4 - hadiicquirectabe - approbation and- conlideoce of the peti:' tionta•s, ead hatl e treditt;ith.several eminent merchants. Tile petitien also-stated, that die aostu'svd bati all their property in the Waif& - Tht strong facts - and expreesions contahired in e thitt petition was treated brahe - Hake. of Manchester, to histlisgracee without the's] halite - A regard. Well; the petitioners took means to brief; their case before the Suisreme Cottle; they moved for a writ 01 Ilubcus Corpus, and were ultimately discharged. To prove thatthettavere British hornatubjects, the testimony of the inother,eOf Various frientia, of e their , schoolmasters, and their seleroli'elliays, was resorted to, as well as the baptismal certifi cates. „Besides direst: evidenceKtheisill of the--accoucheur was nov/lat* his possessioa, althOugh it had not been produced at the • truth.: - The ad' erse witnesses-swore only to declarations. Ile. -begged the House just to rsfaa to the evidence of one of these witnesses, -Eleanor Tlynes, lier, testimony as to the period of theiairrivid In'atie island Was falsified by the certifi cate in the Custom.house . books.. She hail distinctly, and beyond a shadow of doubt, perjured herself. Now- it-cvas not the • false oatiatin this case, but from whence did these gross perjuries arise? ' Was it from titivate ,pique, or was it from the undue influence orindiViduals ?' Another of the Crown, witnesses was Jolla Steward, the Alieh Officer. This man. swore that the petitioners had net dechired that they were British horn subjects for several days after their apprehension. Now this would cer tainly-lead one to believe - that the declaration of being British horn subjects tetis'ttiade Only as a matter a defence ; but what Was the fact—the petitioners were committed onthe 7th -Octo ber, arot , on the Bth their' petition was presented tot)* Parlie ments distinctly statiog that they -were British subjects. It Was enough to reake the Wood 'boil to See an ofEcer• holding even a subordinate- situation under,Uoirerritnent, then lending hint, self to a deliberate, decided, and flagitious perjury, as Steward, had done: (H ear, hear !)--Frem circumstances coeneeted with his situation, he could net„ he ignerant that. the petition earl iainid4 -this tied:natio/iv and yet he was barefaced enough to swear that no such declaration had been made bythe petinenera for several' ays atter 'their apprehension. oother tact-must be added to these—the petitioners themselves were assailed : both by threats and sedactiohs, to induce thou to confess a them selves 'aliens. As he'lutd belbre stated, tlie Court oft King's Bench had ordered the: nen to be discharged. They offered bail— they took with them six freeholders to give bail, hut the, Chief Justice of the King's Beneh said hG required .no bail, as there was no charge. in tile House of Assembly, Mr.; Hector 111 itehell moved for a Secret Committe e . Thi s ; CoMmittee was to inquire , into the guilt or imercence of the parties, and decide thereupon. Now - , - would it be believed they harl decided Without exaMiniog a• single witness- lbr the 'accuTetd. Such a modeof proceeding was disgusting -to Englislatars, accustomed to the forms as well as the reality of justice. 'The Secret Committee made a report, in which' they stated :it they had taken the evidence of certain individuals, inhabitants of Kingston, who liaa stated that sedi tious meetings were held aniongst the.peoPleolcolour, - that the petitioners we're natives of St. Domingo, and that they were per sons of dangerous cliaracter. Well, . uphn -these statements the Select Uomtilittee ordered the unfortunate men to be deported to St. Donlingo, andthe order was executed with a severity pro portionate •to its injustice. This sentence was' passed, b e y the • Committee 'after the petitioners had . been discharged by the Court of King's Bench.' Ile should be glad to hear upon what principle of law or justice, a Govermnsht could take upon it ' self to overturn the deciSion of a supreme Court of Justice, - and substitute a practice abhorrent to every principle of justice. 'He was at . a loss to know what palliation, what extenuation could be Finind for such a line of Or - Add? Not a moment was allowed them after the order had passed, though ,trey had offered bail to meet the charge--;:they had offered the, bail of Magis trates. There was no . pretence to prevent them from being 'tried. The law of Jartraica was, that 'a person of colour may be convicted upon slave testimony, although a white man could riot. The Attorney-General's report on this subject was most disgraceful to him. He need scarcely say he did not mean his 'Hon. Friend the Attorney-General of England, but the Attor ney-General of Jamaica. Ile (Dra Liishington) contended, that the .Attorne.Y.General's opinion. tts'to the •admissibility of slave evidence, was Moit disgraceful to him, for it was clear as day 'that slave evidence could be admitted against the peti others. Well, notwithstanding this circumstance, the order for the deportation of those individuals was immediately car Tied into effect. After the deportation - of the petitioners, souse tairioug evidence-was produced against them.. A slave, named ,Coi6bern, gave evidence against them. There was a variance in this man's- testiMony, which plitinlY showed how dittle it 'ought to be depended upon. In one part of his evidence he Says, he was introduced to Lacine in September, 1823, for the 'first time, whilst in a subsequent part he swears he knew La cine since' he was a little boy. .It was painful to see the fa cility with which convictions were brought about, as well as the ability used to *produce them. , Three days after convic tion individuals were deported. He should not leave this part of the subject Without observing, that Cozbon had since broken froth gaol, and was declared a dangerous person by the House of Assembly. This was the only evidence relied upon' against these individuals. It had been stated- that, Upon-the arrival of the petitioners, they had been received in the most friendly manner by the Authorities of St. Domingo, and were supplied with money. This statement was refuted' by the testimony of Captain Dawkins, who states that he found them in St. Domingo, where they were repudiated by ' the Government in consequence of the proceeding,s at Janiaira. They were in a state of destitution until Captain Dawkins took them to the English merchants at St. Domingo, amongst whom. a .aialatscriptirs. for alberu k , . haps so small, however, that they we ', • alt to thenecas e gty lif se lling their clothes 4 tht.watches '% i : is state otaihstittition they returned to England. r - d C ' iers, who ttifitight them tat er, was under the' l aiecesait ; 'en)) ' jtina- them with clothes on the voyage.— The'petitioli's tia. - per sooner left Domingo than Mr. Hector Mitchell arrested two slaves who were in the employ ment of Lacine. He offered them 300, and afterwards 600 dol- Tat;;lie even promised them iheli• — fie,edem ' if they would give evi dence ag a i nst t h e i r mas t er . Upo n th e i r refusal so to do, he con fined one of these slaves for 9 months and another for 6 months re `the - tiondemned cells. 'When the Slave Court was held there the -slaves were discharged by proclaination,As no, charge watt rhade-qttinit'theni.47iiilif-thesemen had arrived in En* land—he was ready to be prodticed-4nd no one who could look upon his emaciatedlorm, after an iMprisionmeit Of six Mb *.r . , could doubt the f eroc ity o f hi s t es timony. ; The details W7ere horrible, fot every prindiple of hinnanity was grossly and rudely violated. There was also it poor Irish boy,. a servant_ of one of the petitioners, With whom an attempt wasmade to tam per. This boy wati'found wandering about the streets of hint;- awn,' afflicted with an agile and, ferer. He was taken home t y one of the petitioners,. who treated him kindly, and took him into his service. I Fori'six, years he remained under the Mot' of his Master. When the master was ordered to St. Domingo, the boy followed him to the vessel and asked to share his banish ment. This request was refused ; hut theterateful boy no sooner heard that his master had rethroefl to England, than lie took ship,' and actually - worked hiS paSsage,oier.—(Hear !)—There was no.' ury before when' this boy might not he produced; there was no examination or Cross-examination to . which, he (Di'. Lushington) would fear to subject . }inn ' for . he. was a boy. of worideroaaly quick comprehension and much talent.. Ite was painful, but it was his bounden;duty to state that in these pro ceedings muchblamedevolved upon the Duke of Manchester„ lie had not blindly acted - under the advice of others, but had made hirnself aparty, and approved what had been done. His Grace had stated that the petitionerS were aliens, and that their witriesscsavere crediuira." _He concluded by observing, that he would •nOt have troubled the Government with any details on this subject, but that he Understood it Was their intention to apply to Parliament, What..!- was it unnecessary, except under the fear ofinvestiaea.ion e to itcqnoint the Government with a case, in which, Under pretemie Of Sedition; t we men, subjects of Great Britaiti;vere sent from their-diorite andfamilies, their property destroyed; and their persons subjected to the mostdreadinl hard ships. He really trembled at the operation of such a syStem, and at the litter heartlealineSs which: seemed' to exist in this island ag,ainat persona of colour. He - therefore submitted that the proceedings la this case .were ,wholly unjustified,-that the conduet of the Duke of Manchester *was unjustifiable, anti the report of Mi.' Bera h e, the. Attorney-General, was ~ a disgrace to any one having a claim to a .cfiaracter for integrity. The British Parliathent could not..be _better emplowed - than by affording redress to the petitioners.—(Hear !)—lf abuses such al.he had detailed were .persevered in, the mind of. the free. people. of colour , wciuld . I* - alienated,•and the situation of the English in the island 'would . be endangered, as well as the-stability of the :British power. Under these circumstances, no objection could ,exist to the appointaient of a Select Committee to inquire into those proceedings. ' Mr. .WILMOT .HORTON rose for thepurpose of offering to the llotie some exfilanations, as front the office he held he would be expected to'do, on this subject. He had, inthe first. place, hoOever, to observe, ,that he thought his lion.. and Leatned4iend had not stated this case with.his usual candour, hecausete bad omitted to inform the House of a material fact. —(Cbeers.)—ln . a conversation with - his Bon. ; and Learned friend, he had . informed'hint 'that it was not upon the papers before the-House that the case rested in any degree-whatever.— There was oilier evidence which it was not considered consistent With the duty of the Secretary .of. State. to give out for_ general publication: Surely Mi . Hon..and Learned Friend ought to have stated this as well as the further one,*thar he ,(Mr. W. Horton), sofa!' from objecting to the institution of proceedings. -which should he likely to obtain substantial - justice; had told, his Hon. and Learned Friend' thathe would consent to the ap,:. pointment of a i Secret Committee, before which all the . vapers might be laid. Ilia Hon.'and Learned Friend bad said, that be (Jlr. - Horton) was there to defend the proceedings which had been taken aghast these petitioners ; but he,begged to disclaim any such intention: Ile was there only to defend the Duke of Manchester for the course which he, had idopted.—(llear !)- 1 Thattourse had been founded mainly on fact of the .peti-• tioners being aliens, which the evidence he had alluded to would establish beyond all doubt: He passed by the topics'which his I Hon and Learned Friend had introduced into the beginningof nis 1 speech, respecting the condition of the. free- coloured people - of I Jamaica. It was enough for liini tatake things as he found Ithem. : The free coloured people - of that island-were under. eel., tain . dinualifications, but _that circumstance did not free them inane their allegiance to the Government. The leopztantqtres,. tion, upon which• this ease turned was, whether a Onspiracy , I against the: Government actually existed -; and Whetliereflleept titioners Were parties to that conspiracy. This question: could only be decided by the - production' of the 'evidence he -hadal luded to before a Secret Committee; because it was impossible for the House, or any Committee of the HOdse, tedecideupon the conflicting testimony now upon the table. At the'Period to which the transactions referred, a strong feel iigofalarm prevail ed at Jamaica. 'lf any body doubted the reasonable grounds of that alarm, he could' refer them to a letter written by: Mr. Samson and: Mr.: Smiler, the Chairman and Secretary of a Committee of free coloured people, ,to Mr. Wilson, in Lon don, in which they spoke of their " king ttruluratice -under the, oppressive tyranny, which oneenergeticellbrt - oftheiroWn would suffice to overthrow or destroy."—(Hear, from the OppOsition 1 benches.)—Was it unreasonable to suspect people avowing these . ! sentiments of being engaged in a treasonable conspiracy ? ( Hear ! )=The groundS, however, , upon which the Duke of Man chester took the step of transporting the petitioners proved to be aliens, were those of an overpowering public necessity. The House of ASsembly and the Council had reported, without one dissentient va'ce, that the petitioners were engaged in a treason able conspiracy. What ought the Duke of Manchester then to haVe done. with persons so ,dangerouS—and howegreat, would haVe been the responsibility he must have incurred, if he asked otherwise ? This course was sanctioned Mao by theadvice of all. the ()Hirers of the government in the island n and .although his Hon. and Learned Friend had not scrupled to apply: to them terms of reproach, he was wholly at a loSs to know upon what the charges his Hon. and Learned Friend had brought against them werefonlicled. The Attorney-General, whom :his- Han. and .Learned Friend had charged, together with Others, with having. put into action that monstrous scene of iniquity he had detailed to the Ileusei lied always hitherto been, acknowledged to be a person of ability and character. He strongly recoMmen - ded the course . whichithe Duke of Manchester bad adopted, and hiS opinion :had been borne out by that of every other person on the spot who had means of forming a correct judgment upon the sub ject. -If - the petitioners were innocent of the charges against them, there could be no doubt that they had been very.hardly uses!, and-that they were entitled to redress. But he must re nnind the House and • his Hon. and Learned F riend, that the opportunity for obtaining this redress had been offered to him, and although not in the exact manner he wished, yet it was in a warcalculated to do full justice..:.-(bear; iicar !)—Until this -was done, the opinion of the House must Of necessity be suspend ed, and its-judgment in abeyance, because . the marts of the case were not before it. if-111r. Hector Mitchell had been guilty of the atrocities laid to his charge, God forbid that he (Mr. Horton) should say - one word in his justification ; but to believe that he I had done so, Would be to believe that; all' the persons - whose duty it was to wateh'over the administration of. justice in Ja- I inaica had neglected their e duty in a most extraordinary man- I ner. ' But whilst' the charge of falsehood was thus copiously inane against others, was all that the petitioners had stated tine ? . They had said that they • were- never engaged in any illicit trade with St. Domingo, and that they . had never carried ,on treasonable COrrespondence—staternents, the utter falsehood of which the evidence be had alluded to would establish, and prove, on the contrary, beyond - a doubt, their traitorous inten tions. , Ills lion. and Learned Friend laid .great stress upon the petitioners having obtained their privilege papers, and had i n f err ed that they could nor haVe done so unless the fact of their birth - in the island had been satisfactorily proved..— He held, however, in his hand a pipet, in which it. was distinctly stated that the certificate in - question had been granted without any inquiry into that fact.' This was upon the authority of the Attorney-General.—(Hear, hear ! from the-Opposition Benches 1)—If the House were prepared to, be lieve that the House of Assembly and the had con spired to falsify the evidence on the Case of the petitiimers, and that the Duke of Machester had lent' himself to aid intheirde portation out of the country, then something like - a case - might be made out; until then, and he thought there was no present ptobability of any such event, the House must iMSpend•its opi nion. The evidence of which he was in possession was so sa ' tisfactory to his mind, and hisitnowledge of the private charac ter and 'amiability of the Duke of :Manchester was such, that he would not con cur . in any censure,' implied orotherwise, which, upon - grounds like those before the House, it might be attempted to pass upon him. He would never advoCate (in the present- instance he had done directly the contrary) the keeping back any evidence which was necessary for the•ends of justice. He left it to the 'House, without hesitation, to decide whether the statement of his Hon. and Learned Friend bad established any thing like criminality against the Duke of Manchester. — (Cheers.) Mr. SCA - R.LETT said, he thought it appeared probable that the Duke of Manchester had been misled by the persons whose duty it was. to 'advise him • and Ile understood the ar guments of his Hon. and Learned Friend to apply rather to those individuals than personally to the Duke, who could not be supposed to be actuated by any thing but a desire to do justice in the administration of the trust reposed in him. The Hon. Gentleman (Mr. Horton) had alluded to documents not before the House ; and without intending to say more of them than he was warranted in, he could not help observing that some circumstances connected with the evidence produced tended to throw discredit on the sources whence the other must be drawn. He. (Mr. Searlett) had read the whole of the evi dence attentively ; and he had been induced the more parti cularly to do so, because a near relation of his own (Mr. Chief Justice Scarlet* to whose learning, capacity, -and integrity, he was glad of any opportunity of bearing tes timony, had sat in judgment on the subject. There were some circumstances in the evidence which. exciteal 7 strong suspicions in his mind. On• the application_ ibr Jrabeas Corpus,. it appeared the strongest evidence against-Lecesne was the.affidavit of -his sinter" 'who swore that he was born - at PoTteinePtince. Leeeane ineiuOlit three Persons-to swear that Lucille told them she had been induced to swearto this;"*hich she knew to Iv at the pefsti4Aioti4 of - 'a Mr. who her if hetbrother was shipped of as he would be, in consequence of her affidayit,_ she would become entitled to one half of her father's property; and threatened besides, if she did not make- this affflavit,• that she shOuld be imprisoned.-- Now, although the Court had in - the first instance granted a role ;to - shove . - Cauee ; ,BQ attempt had ever been made, .either by Lucille Lecesee, or. byerilre Villegreine e to contradict the• very heavy statements" which were. made against them.: '. -The observations -of the Attorney-General .on this .subject ( wore. somewhat singular, for - he expressed his astonishment that the Court hid iii, their 'decision paid no more attention' to the affidavits -of Mr o Milthell, who_was well known to them to be -it most respectable- person, and - .of 11110 'lnnis, a tee lice-officer; as if it was -the practice- of judges to be in fluenced by the charaCter of witnesses who Made affidavits, instead of by the facts which 'those affidavitsecontained.— While this imputation of Mr. Villegyerne's•having. suborned perjury against' the petitioners remained, he Mr. Scarlett should suspect whatever came from the same .- source. The Hon. and Learned Gentleman - sat down by conteridin'g, theft . ; Wliateirer objection might exist to-producing the evidence as to - the ttedf , tion, there could be no Mischief in publishing that (if theresfaa . any)'which related to the question of alienage. It was impos sible for the HOuse to pay too. much attention -to ; .appealsof o description like the present; as if it was 'well known That, in the colonial assemblies, the enlqured pOraLtion. was_ far from meeting with any thing like liberal consideration. . Mr. CANNING said that, under all the circumstances, how ever he might have been .dis Posed tO prefer the course suggested 'by his 110n.. - Friend (dir. W. Horton) he 'should' not now op pose the appointment of a Select Committee. The short clues-. tion upon the present charge, as it applied to.the conduct of the Duke of Manchester; was, whether. the.bulte . had or had not • treated British subjects as aliens only could lawfully be-treated. That was a simple question,- and one 'easily capable' of'proof, • but one which certainly - was neither proved nor disproved by the evidence, before the House. In• one admision, however, all parties" must akree that - Wheo chester came ft:it:ward, cifering to waive the.priyilege , which his absence•gave. him; and. submit - to clear_ his conduct-'by atrial by law, he did .entitle himself ; ;so -long as the question WAS peading,:tp the suspension of every thin ;;like severe. or unki:oa. judgment against him. The 1161.1. Member.,.for•peterboiough - :observed, that if. the Duke of Meeehestaer had , dOnewronea . _lie .had tirobably been misled. In- this e opinion :lie (dir. Canning) entirely concurred; but it was yetao -he shewn that • the-Duke• in what he had done,- had. exceeded his authority ' t• and that. he himself entertained no apprehenSion as to the result of his con-. duct, was at least to be presumed front the readiness with which he courted inquiry into it.. The main feature in the case then came On. to be• considered—to wit, 7what•there.had been in -the conduct of other persons. epart'frorn that of • the Duke of Man chester, which afforded ground for complaint ;.and upon that • point he was free to say that. Government had at least see far thought there - was ground .for investigation, that- the Commissioners in the West Indies. had received - instruce tions (and in. about a month ;hence they, would be .in Ja maica) to examine --into all the circumstances, and -- report generally upon the transaction. In this situation, therefore, be was not prepared to deny that further elucidation upon the subjett . was due to the satisfaction . of the - House ; bUt if the motion of the Hon. and Learned Member for a Committee was agreed to, it ought in fairness to be understood that the Duke of Manchester's offer with respect to a trial at law ought not to taken advantage. of.- It was farther to be - recollected, that •. at so latex . period of the session; and considering the _distance front which all evidence would have to be obtained, no Com mittee•cOuld be appointedwith'any advantage until next year.- If it -was agreed. to defer the Cgilunittee until next session, the Report of the Connnissioners, and. all other .necessary evidence, could be procured in the mean 'time, -and 'ffiere would ,be no difficulty then in instituting an inquiry as ample as the Hon and` Learned Member (Dr. Lushington) could desire. Mr. BROUGHAM rose to request his Hon. and 'Learned Friend - (Dr. Lushington) to accede to the,propositien of the' • Right llori.:Gentlenian oppplite4' which lie thought, the state 'of the Session considered, was the - best calculated to do sub iteretial jitelfee." - 'ereaahe - eeidende stood, the transaction wax a !: most iniquitous .one, And he' totally- differed from the gigh,r Hon. Gentleman as to the view which he took of the conduct of the Duke of .Mancliester. _These three points :would litve to be-made cut—first, that. there had .been proof that the. come' plainante were alien's ; secondly that there had been the seLlk• lion imputed ;• anti_ thirdly, Onet there, bad been ground far , Sending them away withuut_ being heard in _their defence/' Nov,' as the case. stoad, - it was nonsense to bilk of core flicting evidence; ''the' proof of the birth was as . Clear d V: . Could be-desired. What might arise out of the papers titer to be produced, -he could not judge ; but . tlie. mateer . stood as he tleicribed it at present. With reference to aw i,ostpon6ment -of the ',Committee, he would farther • jto't observe, that ahem' were two witnesses whom would be necessary to - produce, end 'Who had been in ..england sont° - • time. Those periens had hitherto been . supported by rh e charitable contributions of individuals ; but certainly, - as 0 0 delay was to take . place, some means of existence ought to 1,6 ' afforded them by Parliament. For, the other point .to the Right lion. (ientlewian opposite ;had adverted the 11 1)- staining (as inquiryewes to take place in a CoMmiitee),froto anY prOceeding at law—he (Mr:Brougham) agreed . that such all arrangement would.. be mest convenient; but it.tmisOde - pen r ` upon the consenloof`the complainants concerned. dlr. CANNING_ apprehended that that was the case; be' -. cause it was only upon the Duke of Manchester's own offer to the House that any law proceeding could be taken against hi 1 0: while he remained in Jamaica. • Mr: BROUGHAM - observed, that that offer of . the -Noble -: Duke's had only been made lately. •He trusted, however,*th 6 !•: no other prejudice would go forth than what the circtimstanc e e of the case would warrant. . - 111r.•CANNJ,NG and Mr. ScARLETT said a few words in e%' : planation. .- • - r. DICKINSON complained of the harsh terms in whic h . • I the charges .against. several gentlemen had been brough t . r forward. Sir,F. OMMANEY spoke.from under the gallery;- burliis 'observation's did not. reach • • - • Mr. SYKES would not object to a proposal which seemed" to • - give general Satisfaction ; . 'but if the. complainants were 13 ' carried over for another session, rosin taieed as they were bY •• private charity, he did think that something ought to be dor' e by Parliament for their support. Mr. GROSS F.TT said a few words, but in so low a tone that it was impossible precisely to collect their import: We tinder' stood him to deny that the complainants were entitled to be . provided for. Mr. W. SMITH deprecated observations which would le- I t i ` to a premature discussion of the question. Dr. LUSHINGTON; in reply, called upon the House tc: ' consider the condition of the .nijured parties, and what they were exposed to, in their destitute condition, by this netycle Ile was ready to adopt. the proposal of the -Right Hon. Gent le r u mail opposite for the appointing a Committee next Sessio n .; b eer he did that in the reliance .of every facility being - afforded the obtaining and production of evidence. For the sentinielt!. Which. had been expressed_ in a pamphlet written upon Cl e w , qUestion (as we understood the Hon. and Learned Gentleteoan o . by the Hon. Member for Chippenhain)—foe such sentiment s ,l a would deny men justice oil - account of a prejudice against dr' /- Colour, he thought that could excite no feelings in the tnin d eri ° „ any civilized being but those of disgust and u nmitigated . tempt. ..M.r e GROSSETTsaid, that whatever contempt the HOn• ' tra , felt any dislike or hostility to the welfare of the-people of colotirir, Learned Member. opposite might feel for Iris opinion wag P o ', .e n q o u n a . ll a e n d d b L y etahratitesdlifeltrillbieer(,MrueGdroessnieetdt) fartherloolted a ( t as th w a e t collect what fell from the. Hon. Gentleman) that he ha: ci°e ,: vi i - C f. ' Mr. CANNING, with reference to the question of Pr ° :j e r ing for these petitioners,. en t rea t e d H on: Gentlemen to cons' , it what would be. the dan ger o f seen a precedent. In any cabe ct „ . would be holding out a p rem i um ' for li g ht an d f r i v olous • a e o a sations ; and in the eve n t o f th e • present- charges turning 0 1 1 be unfounded,'the Ho use wou ld h ave b ee n ma i n t a ining P 1 • . ca The iators at the üblic expence. . ' at° The postponement of' the. Committee was then agre e without a division. The t o of Currency Bill was read a - third t iUle ' ai me, The Tow aasnsded passed. n-landsr BoUndaries Bill (Ireland) was read s third i . . . OFE S' PENSION IL. On the motion t F hat lC the Houee resolve itself into a Cornin itte° on:the above Bill, Mr. HOBHOUSE objected to the-principle of the Bil l ' ou gta' After a few words from Mr. VAN I N the Bill went o. -