The Express.
London, England, 1847-08-23 00:00:00

THE CASE OF THE CREW OF THE JAMES

CAMPBELL

A statement of the

of this case,

addressed to the judges who presided at the trial, has bete;
prepared for publication by Mr. Rose, the mate of the James
Campbell, and a copy has been forwarded to us. Mr. Rose
states that he has been induced to give the narrative the form
in which it appears, by the remarks on the trial, which ap-
peared in the Ezpress of the 29th ult. He says that the
proceedings at the trial only admitted of a verdict of " Not
guilty:" and that wishing to stand clear in the eyes of his
countrymen, be is anxious positively to establish his own in-
nocence and the innocence of the crew. _ .

Mr. Rose's straightforward story has confirmed us in the
favourable opinion we have already expressed regarding
him, and increased our desire that some means could be
fallen upon of eliciting the whole truth, not only regarding
the case of the crew of the James Campbell, but of all simi-
lar cases for several years back. And an appendix to the nar-
rative leads us to hope that this may be accom-
plished. It is there stated that at the meeting
held in the City-hall of Glasgow to welcome back the crew
of the James Campbell after their trial, a committee of gen-
tlemen was named " for the purpose of promoting the alte-
ration or repeal of the statute of William 111., under which
the crew had been tried." This committee might prevail
upon some members of parliament to introduce a bill for that
purpose, or to move for a committee to inquire int* the ex-
pediency of having the statute altered or repealed, or to do
both. The discussions arising on such motions might induce
parliament to institute the inquiry, which could not fail to
lead to practical results. A deliberate statement like the
following, which occurs in Mr. Rose's letter, is alone suffi-
cient to warrant the inquiry at which we point

On behalf of the crew, who, in my bumble opinion, hare in this
mac been ",more sinned against than sinning," I would now very to.
spectlully offer a few remarks. And first with reference to the un-
called-for and too-frequent use of the cutler, whili was the tonne-
diatelv procuring cause of their resolving to put Capt. Graham under
restraint, through fear of their live.. That this weapon Mould be ctn.
sheathed upon every trifling occasion. and flourished over the heeds
of unarmed, defenoelem men, sure 4 few will be found forward enough
to affirm. And yet It is an over-common occurrent on board our
British merchant eltips, and often rittended Alb the most fatal and
heart-rending remits. In proof of this assertion I need but advert to
the recent and quite notorious transactions on board the Tory—a ore
directly In point, and the details of which moat still be fresh In your
minds. I valid deem it almost an bruit on your understandings were
I todstain you for the purpose of explaining the Imtimate use of thie
weeps. It has been provided for protection rather n spgreasion —to
Cavilled In defer* of relive. of the crews of British re sell% whew
assdid from without—ad in lopping off the ears and mutilating the
boibmor caner aimi 0111, who may be employed in nasiguting such
vends Is Mir pests et liotination. No one will Purely my, that a
naked onlime might to be M daily use on board any dour mercantile
marine. Maw kir the wpm of intimidating or coercing the crewe.
For, my Ind and wcatimen, it is not merely characteristic of the
British eat, but prodellek true, that with humane, upright, and
manly traelmah be Is 'semi to be surniesim, grateful, and ready at
all times for die prompt dlogiarge of every duty to which he may be
called by his superior °Mars; feelingly alive to the best interests of
his employees, and ever ready, without complaint, to share in the
privations, hardship.% toile, and dangers, to which the hardy tar is no
frequently expand whilst prosecuting his calling upon the mighty
days I have already adverted to the unwarrantable use of the cutlass
on lead of our merchant ships, and will only add regarding it,
that weed occurrences prove most satisfactorily that there have
I been, and still are, commanders in the merchant service, whose con-
ducted' temperament wholly unit them for having sorb weapons in
their pessmeton. Only think of an infuriated eaptain uppeuring on
every *NM, _occasion with a deadly weapon in band, flourishing
It ow He brads of his trembling, panic-stricken crew, accompanied
with limb wad gestures of violence and that too, It may be, while
the tIONSWIMIIOO of that captain's former deeds of cruelty ore stiff
fresilalliiiir minds; and then say whether the crew of the James
Camolell wee not goaded on to deer some means of escape, in order
to prevent the mutilation of their bodies. Judging from the facts
brow& out in evidence at our trial, is it not much to be feared that
the foam is wed by some commanders, on the bodies of their wsfoe-
tunas crews, so unhentatuagly no if it were the mildest and mud
ordinary instrument of correction ?
• • - - •

Mere is much good sense in the advice given by a member
of the English bar, Mr. John A. Russell, to the committee, •
In his first letter he advises that the members for Glasgow
should be requested to introduce a bill for amending the
statute of William 111. In a second letter he entersinto the
following details.
_ • • • • •

Blom I last wrote yen, I ham gone very minutely into the statute
(II & 12 Wm. III.), and I now beg Is gire you my views with reference
to the policy of amending that Maggie, as 'relies with reference to the
way in which I think It should be amended. Of my ruggestions you
me at liberty to make what twe you please. With reference to the
policy of amending the statute la question, I am of opinion that, if it
be touched at all, it must be with& moydelkate Mad. My mares fee
holding this opinion is, that the dot. of Wm. Mom well as the sat..
6 Geo. I. c. 19, by which the tomer statute wee =do I, were
mimed fora moat importantempeoNtliet,
_osemely.of facilitme for
the suppreesion of piracy papei,y so eaMed; owl became I cannot Arid
la either of them mambo a doses that cootehird
the 9th rectimi of the lamer, whier Leilialriet.eielithink, best Moi-
ne ally on this ololeah. With near to that ream, however, this
remark does not UM geed ; mid lem of opinion, therefore, that
here, if at all, the emeMlMOMmoset be made. Then COMM the gum.
tam, what should this IMMiletellit be 1 And on Oa s point I would
enehs the fdbwtngsugglatien--mneely :_that the amendment should
=Ord, mre bike part of the 9th section ; and that
that opmmilmewt &MI wadi* imply In raking the provisions of
the Mlle meelMmt with them of (crimper at that section; en
that, in let, riles the • welt; and other ar thereby made cri.
mirk wita Weed be he &Mewl& &Math& Weed, they .hould no
kepi be lidd be he rims whale re fisessipi id de statute. My
remowelor tide ~eke are twehiL !trek I meet help thinking,
ahead the denier are spina may that each was the intentio
et re amen et the statute. MI the ether provisions
Ms elatolo, foxbilloyf thole in the lariropert et this very 9th section,
' beer this es the has ot them,—totem clone was intended to be
emir by that statute, unless the be emaituting such offence was
dam win a phstiml intent; sr I sr hardly conceive it possible
that, such lift the cue, the iseireare should have gone out of its
way to emote • new crime of a allatient ehereeter, particularly as
that crime me see which there winalreedyomple powers of punish-
ing by the nommen law. Now Ole hods me to my second reason for
amtgooing this amendment. Dy 1111=11111 kw of Englmd the
Admiralty hare had, from the emir arm the power of punishing
"mariner who ore stubborn. Ware, or mutinous" ;Guayas'
Digest, tit. Admiralty, H. II) ; end her it is obvious that, although
there might be at the tieMMen law no power to pumsh
ersmately motley with a peered latent, still that a statute wee
at 'mind ha order to being to menahment those who
arid be guilty of mutiny.f.oly. per these two tea-
ser that illadod; that the seememeat would not only be
bensidelte , but it weer libewhe be consistent with
the redo of eY peeper autbeelr kg the master ; for first, it would
' not en the ewe heed 11111*-6 the err et zebrine the manner from
gehmeduct ; ash dr Mier, It would relieve him
=I:W OR
ehiseree of being server. ied.Z MEd ratty, under
tbe Ire et a statute, of en oilier skimp called by the
• name d"remit," red, le bet. Gamtherreffeasealm r
rake fir erre as raid be. A more imparret ureter, beweeer,
ems don reilleersibe wren from the gem darts wield, I think,
be the istrim W mar et proper perilienserEeil behaviour of
t.ll= sir WWII he swain. lb Or I dint that the
fear le guts lb mot eerier as
I ant edhe of serke. hen diet 1 writhing ene. =miTscsimbesp.
tar Induegetheboriereeteekr parser. laertheteesemplish
this et amp be weir whilie M rhe Ye par earideratioe
some sae% r re hirers :—Orildee ese, ne you row,
already bile r be robbed he Nielle, he., at their
mews, comenhied et ish Nem, arra en act of pair.
meat were pree4 needed. Oct he to ‘OO6, Of thy lith•
tar or dim Mad of sq ddp Idpg Maricted et ea me-
melt or em me/ elle rRIM ef bls Men, such semis
&add the eepide or it is rewired hen Yard
any easiminr burl be a Yob peeled eller the dopindlin
• hi tens of amlimMj end al Or aim beer Wrong hem
nadir an the emir Itherd4 hell e• nine awes et auTny
whoa ara be di lie • noireal
that odd. eatialihr= dee. hen the &led ellbe'n,
think it war. Superb( seek • dew bed bra le souse,k
likely that theme of dm mew etre Mom Oared' year ever bene
hir Per does It signer to me dot drit a kw would meek
sayrodrip. Nor to the emir bWealf dafiddly; because Ima
emestee ye dinidnent di& hem a nes "to ila ef hie teeth*
re serve be is afar we *No bp Addis saw under bit
armed Om and It ewer nein at etimen. bums by added
It hrenbiet ear met renamed m hayed nodes of the or
victim ad erdesee le the “Clureed Per arl Iteeriedie he
Bawer.* no mil es to d s"mirmaireee•st W euipietti
the owner et wary per he Over erre haw ere wire
try ware arreirt, awl tirellare. It they aired algid re law,
It wade o willithir ere err The penitlee alehl be epieleh as
they ere mirery in arra ewes under the "
beset of the " limmen's Smolt& licelety." Beikery Ara "he the

We embrace the opportunity afforded us by the appear-
ance of Mr. Ross's statement to do a simple act of justice to
a gentleman, to whose benevolent and disinterested enemy
the satisfactory termination of the proceedings against the
crew of the James Campbell is in no small degree owing.
The warmth and zeal with which Mr. T. Mackenzie, pro-
prietor and editor of the Scotch Reformer's Gazette (Glas-
gow). threw himself into their cause, give him an additional
claim to the respect he earned by unveiling the atrocities of
the spy system of 1819.

IRELAND.

MYELIN, AIYOUST 21.
In a communication about the close of the last
month, I directed your attention to a matter of great
difficulty with which the ministry would have to deal.
Upon the 28th July the guardians of the Fermoy
union, Lord Mountcashel presiding, adopted a reso-
lution that a rate should be struck, varying from ss.
on some divisions, to Is. 4d. on others. This was in
the teeth of an order of the poor-law commissioners,
informing the guardians that the rate for the Fermoy
union, for advances under the Temporary Relief Act,
was an average rate of 3s. in the pound' and direct-
ing them in striking the next rate to fix the amount
so as that, in addition to the estimated expenditure
for the workhouse, there should be levied off each
division the sum of 3s. in the pound for re-
payment of relief advances. Lord Mountcashel
then stated very flatly that he would oppose the
collection of this additional three shillings at all.—
Mr. Burke Roche, M.P., supported the peer in this
determination. Both stated that they would agitate
the country against it—that the farmers would resist
—and that all the army and ordnance in this kingdom
could not enforce the payment. Some other guardians,
not'quite so ultra in their sentiments, intimated that
they should not talk of opposition, bat rather jpeuartiheacpsofi
collected by instalments.
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