The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-22 00:00:00

JAMAICA (ALIEN 11114.).

I.l'Sll I NUT( IN rose to present a petition, as important. in
his opinion. as any winch for a long time had been laid talon: Par-
liament. If the filets stated in the petition were founded hi truth,
it was one than which none inure imperiously demanded from thejJus.
tire of the Home: redrees to the parties aetgrieved ; and he would go
farther io saying, that they would call for the visitation of I di-
luent on those by whom lti;ury and injustice had been inflicted. In
presenting the petition to the !louse, he would merely confine him-
self to the statement id its contents. The petition came from hauls
Celeste !Refine and John J. Escuffery, both free-men of colour of
the island of Jamaica. There the had been horn—there they hail
been brought up aced lived all their lives; they had been married
Ctere, and up to the periodof their forcible deportation front the idand
had possessed an irreproachable character. Besides, they had 'wen
eight years employed in the militia of the island of Jamaica, half
of which time they were serjennta In the service. The House was
RW• re that the qualification of being a free British subject was rte.
cesesary for every person engaged in this wavier. Before he stated
the facts of the petition, he was desirous of putting the !louse in
possession of some facts connected with it. In the early part of
May last year. &petition was presented by three thousand free men
of colour, of the Island of Jamaica, to the Legislative Council of
that island, praying that they might be al'oostted to the elective
franchise ; that they might be permitted to serve on juries, and be-
come overseer* of poor-houses and other institutions, to the sup-
port of which they contributed their fair proportion of taxes. This
petition was signed by the prevent petitioner'. It was supported i.
the Council of Jamaica by the advocacy of M. Barrett and others,
but a Bill granting the privileges which the petitioners solicited wan
thrown cut on a second reading. From the rejection of the petition
until the period of the arrest nothing of importance occurred ; but
on the 7th of October the two petitioners were apprehended. The
wartime for then imprivinnient stated them to be aliens. Ite.ore
the intesition of Government could be fulfilled a writ of Harem,
Corps: was sued out, to try the fact whether they were aliens or
The (thief Justice of the isle of Jamaica and the two assist.
ant Judges of the island were present. The certificates of their
birth, of their baptism, of their residence in the island, were pro-
duced at the iris!, and after tllle fullest and most satiefnetory
tigation they weft declared not to be aliens, but free-horn British
subjects, and entitled to all the privileges of them. These were
nut men. it should be remembered, of low later, but nien of re-
spectable rank and station ice life. The neat day after their seizure
a manorial wax presented by thirty respectable Inhabitants,amongst
whom were six Magistrates, one 3lr. Ilislop, Member of the
Council, and one the l'rovost Alamhal-General, bearing testimony
to the irreproachable correctness of their characters. On the 2:oh
of October they were released, and permitted to return to their
families, and when bail to any amount was offered for their appear-
anew on any occasion that it might be required, the reply of the
King's Bench was, " require no bail—there is no charge."
(Hear, hear.) Things remained so until the evening of the 211th
of November, when they were again arrested on the same charge.
One would think the first and bounden duty of Government, under
such circumstances. was to direct inquiry to ascertain the nature and
extent of their guilt, more particularly after the previous acquittal
of the Court of King's Bench. But, no ! without inquiry—with-
oat the means or opportunity of defence—without even the oppor-
tunity of canmunication with their friends—they weremened on the
very evening of their arrest, carried on board ship, transported,
and landed on the island of St. Domingo. (Ilan, hear.) What
centre could be offered for such treatment ? Was it in the alight
variation of a shade of colour in the persons thus aggrieved? Ile
WAS sure no person in than House would have the courage
to make such an accidental circumstance • pound of in-
justice, or a justification of oppression. (Hear, hear, hear.)
When the petitioners were put on board the vessel, sonic of their
friends got into a boat, rowed towards the vessel in which the peti-
tioners were, and prayed for permission to coniniunicate with
The reply from the vessel was, that all communication was forbid-
den. The ship inunnliately sailed, and the petitioners, as he had
already said, were landed at St. Domingo. Destitute of every
means of support, he would leave the House to judge wlmt must
have been their probable fate there ? He held in his hand the
Ilaytian Gazelle, in which was stated the reason why they were
not immediately committed to prison on their landing. Fortunate-
ly for them a Jamaica newspaper, containing an account of their
trial and acquittal in the Court of King's Bench was produced,
and this record of their innocence was the alleged reason *shy they
were permitted to go at large. Thus situated, they. might have
starved wet, it not for the kindness and charity of British merchants
who supported them there. They were advised to petition the
Council of Jamaica for relief : they did so. In this petition they
stated their readiness to meet any charge that might be preferred
against them in every way. It was presented in 3larch last, but
the Counril of Jamaica did not condescend to give any answer in
reply to their petition, or in any manner to notice it. The peti-
tioners felt that they could not kager trespass on the kindness and
hospitality of those who had hitherto supported them at St. Do-
mingo. They had with them some valuable rings and watches,
which they sold, and with the proceeds of them they paid their
passage to this country. They were now three weeks in England.
Ile had thus stated the facts of the petition without exaggeration ;
he called on Government to justify, if they could, this tingrant
breach of the rights of free subjects. If his etatement was nut cor-
rect, be called on flovernment to prove its falsehood. Ile 1"r.
Lashington) had examined and cross-examined, with the utmost
zeal and ability that he possessed, aid he did not and could not
produce the slightest variation ma single tittle of their statement.
l'he circumstaaces of the case demanded the fullest and most com-
plete investigation. If they were aliens after the lira acquittal
they had obtained, they should not be visited with so are and
oppressive punishment on the second charge and for the same offence.
Time offence was one on which, in the first instance. they were
I wholly acquitted ; and, in the second, wholly unheard ; and pu-
niahed without being heard. (Hear, hear.) Ile had inquired at.
tentively into their characters, and found them to be irreproachable.
This was anise. he would repeat, that demanded the fullest investi-
gation ;it could not rest berw ;he was detem ii to prosecute the
inquiry suimewhere with a view of vindicating injunsl innocence;
of visiting blame on the quarter where blame was elite ; of redeem.
Mg the clitracter of this country from such an act of injustice as
was involved in the present charge against the Government of Ja-
Wale& t 'fear, henr.)
Mr. W. 111)1CION admitted that he was not able to meet the
statement of the lion. Meinher with such an explicit detail of facto
as was contained in the petition he presented. and the statement
with which he accompanied it. The informatioo with which he
was furnished on the pan of the Government of Jamaica, was very
scanty, co...pared with the ample inteinnation with which his lion.
Friend appeared to be furnished by the petitioners. (In the part of
the ruke of Manchester, the (intermit of Jamaica, he would say
that lie (the I)vke of Manchester) had reason to believe that the
petitioners were alicis from information received subsequent to the
trial in the King's Bench, adverted to by his lion. Friend. Ito.
sides, he wont,' contend that the trial was founded on an ex-parr.
statement of allidat its a educed, which. although they did not prove
1 the petitioners to be aliens, yet they did not justify the necessary
inference that they were free-born British subjects. al ,vcr,
these very persons hail been LIIIVIANI in a conspiracy which was the
cam.e of their immediate removal from the island. Ile admit tni, if
they were free British subjects the Ihtke of 31ancliester had in.
mere"' a •iefinill responsibility in their dismissal from the island,
but niuelt allowance was to he monde en account of a dangerous con-
spiracy iti the island, in wiliest' it was believed they were Milli- '
cited. It appeared that they sold arms to the conspiraters. If they
were aliens under the existing circumstances of die island, the tin-
ternmeni was fully warranted in removing them. Ile would make '
a more full inquiry into the affair. mat hopes' the House would
suspend their judgment until he had been able to arrive at the par-
talilars of the cast on the part elf the tiovernnent. , I

Mr. MG A 31 tliiirnot think the tart., u stated by his lion.
Friend, met the slightest controdiviim on the part of the Govern-
ment. It was not Alleged that the Ewts which he stated were un-

founded—they were not at all doubted or contrimerted. The Hen. I
liens. had called the trial one at which a decisitarwas Conned Ai an
e.r.parle matement. Now, he begged to remind the Ilutiourable
fientlenum, that the Duke of allanctiester, through his Attunsey-
tieneral, was present at the trial. Ile cross-examined the wit-
orates—he was there to object to the proofs °Merest. and after his
objections had been taken—alter argument fully heard—after a
long legal investigation, the petitioners were dm:tarred to be free-
born British subjects. Three or Mar weeks afterwards, the Duke
of Manchester heard, or thought 1w heard, some charge, which
warranted I to remove thy petitioners Irons the island. Ile
heard,or thought lie heard OM it was charity to suppose so at least),
that they were engaged in some conspiracy, or were guilty of some
crime which warranted hint to transport them. This he supposed,
not for lino definer, but as the Dake tat 3latichester was bow in
a haulm, on his trial, he would not prejudge him hastily. It had
been pnanised to the petitioners, but this lie (31r. It.) could nut
state positively. that they would not be molested or interfered with
after the first acquittal. However that fact may be, it was at mist
incumbent on the liovernment not to have denied them a P.ecor,(l
trial on the new charge, at which their innocence might be vindi-
cated, or their guilt in guilt; Ibe determined. 111.mr, hear.)
Mr. tatOSSET did nut intend to take any part in the discus•
lion. lie was not aware of the presentation of this petition, but he
had nceived a letter from a Magistrate in.!amaica, which shoed
that one of the petitioners had kept a shop, and that they had been
both engaged in a treasonable conspiracy. A contribution had
been raised roviongat the v'egrom, with a view of giving it to •
31insionary ; hut it had beet appropriated to rebellious purposes—
'to the purchase of arms. And the letter stated further, that
' heceine, one of the petitioners, sold antis to persons engaged in
these treasonable practices.
Mr. DR4.1111./11A3I would simply say, in reply to the lion.
Member who had just iirkeit—" Suppene the facts stated in this
letter to be true, why not try diem ?" (Lard cries of " Hear, hear,
I hei.r.")
Mr. W. 11ORTt/N explained.
Dr. LUSH INI;TI1N briefly replied. The only charge
that had been made against them, on the ground of being
parties to a conspiracy, was sustained by the evidence of lisp-
tiste, a French emissary from St. Domingo, who had been
• descrihed in a letter written by the clergyman of the pariah
of St. Deorge, Mr. Donaldson, as " murderous, dot-
bolieal, and insidious a fiend as had ever been let loose upan so-
ciety." The petitioners were now ready, us they had been be-
I fore, to meet any charge that could be fairly brought against them.
Nothing he had heard that night tetaled to exculpate the Govern.
ment of Jamaica foe their oppressive conduct on this occasion. Ile
would conclude by giving a pledge to the House and to the
country, of not losing sight of the case until he saw justice rol-
-1 dered to the aggrieved parties.
I The petition was then read, and ordered to be printed.