The British Press; or, Morning Literary Advertiser.
London, England, 1824-06-12 00:00:00

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•• Did you and Quiunina and Mr. Smith talk about any thing
else at that time ?—No. not that I remember.
" you talk to Mr. Smith on the Sunday about your little
girl ?—l'es. I believe I did before that. before Quainina went in ;
hm I spoke to him about the little girl, (&unina was not with
1”e ; I spoke to the lady of Mr. Smith also about taking hcr.
4` yrnit were present when you spoke to Mr. Smith about your lit-
tle itrl ?-3lr. Smith and Mrs. Smith ; I don't remember any

tv,ly else.
•• Did any body MITI! in when you were talking to Smith about
yoor•little girl?—That 1 can't tell; may be somebody might
come in."
Now, whet will the House say, when they find that the whole of
the preceding evidenee is. that Bristol went with Quamina alone,
ibto the roseate of Mr. Smith ? Bristol swears that he went
, alone with Quilan.; atd now let us hear what Charlotte says in

;loge 61 ?
• " Did 31r. Smith talk with any body after he came in front elle-
Rel that Sunday ?—I Lis Amite people go into the hone,' ; (2iiantina
woe one, and Peter; but 1 was in the kitchen, and 1 den know
*bat they had to say.
Bristol owe of them ?—Yee.
" When they scot away which of them went first?—They al
Came out together.
" How Line did you remain in or about the prisoner's house after
dinner on that day ?—About half-past five u clixk 1 went to the
negrothouses."
Char:otte, the House will see, was there, and Peter ; and I have
now brought two witnesses on Bristol, and I shall bring move.
Peter, k is true, was a slave, and an accomplice : but let it be re.
cellected, that his evidence is in favour of the prisoner, although in
giving it be was vidangering his life, and it meet be seen, because
of this u ery circumstance, it was entitled to the greater weight.
What nay, Peter, in page 13?
• " Were you at that chapel the Sunday before the revolt?—Yes.
" Did you see Quamina, of Success, on that day ?-1 es.
" Where did ypn see him ?—.lt Mr. Smith's house.
" Were thieve any other personsyreeent P—Bristol, Seaton. It boy
named Shute, a field negro of Le Resouvenir, and Mr. Smith,
Were present, and with myself made viz.
" Did Quandas say any thing to the prisoner, if yea, what was!
It 3—Yes. He said that they should drive all these managers from the
castes to the town, to the courts, to mewhat was the bent thin they
amid obtain for the slaves ; then Mr. Smith answered, and said that
se:at wasfoothrh. How will you he able to drive the white people
to town ? and be said further, the white people were trying to do
good for than t and that if the *levee behaved so, they would lose
their Hie*: and he said, Quamina, don't bring yourself in any dia-
gram s that the white people were now making a law to prevent the
emen being thmtl : but that the law had net come oat yet ; and
that the man should not get any flogging in the field, but when they
-.requited to he flogged they should be brought to the manager, at-
torney, or proprietor, for that purpose; and he said. Quantum, do
"you hear this ? anti then we came out.
-• What did ljusanina say In answer, when Mr. Smith said
6 Yon heat?—He said Yes, Sin e that was all.
" How long were you and Quamina, and the test, at the pri-
istmer's house ?—We did not stop a minute.
" Was Baton with ycu the whole time at that conversation ?
Tee.
" %Weil of you all went out of the prisoner's house first?—We
'all fire came net together."
Pat Bristors evidence is again contradicted, for not a word is
beard aeont the soldiers. I think, after this, the House must be
satisfied tleit i: is impossible to affix on Mr. Smith the crime of
having istienel the words attributed to him by Quantum. But put
it that the ,regrowwanted to take freedom by force, and what is
Mr. Smith's answer? Why, that it would be foolish for them to
do so. Bristol's evidence is already completely beaten down. Pre-
twining that the word " drive" is the very word used, must not the
whole context be taken together, and must we not see if the
whole text could Hoe the ides in Mr. Smith's oiled of any in-
tended revolt ? "To drive the managers to the Courts"—what was
the obvious meaninglis' that? Only to ascertain if the new law
had tome Chit, and if the negroes were likely to obtain that redrew
which they had expected? All this was a direct negative against
the idea of revolt being for a moment entertained by Mr. Smith.
The real nature of the transaction was this; they went to Mr.
Smith to know if they were to hive a day or two for themselves,
and I pray the House to consider fairly whether any honest man
can lay his hand on his heart and say, that under these cireuar
&tepees Mr. Smith knew of an intended revolt, and concealed it?
•Good (hod! to what a situation would we all be reduced, if we
were to be tried for our lives, for not duly apprehending a conversa-
_non uttered by negroes in the absence of white persons, of persons
who, if they had 'awe up their minds to revolt, and had declared
it, would have enabled 31r. Smith to take out his horse, toile over
to town, and called out the military at once. They dared not tell
Mr. Smith of such intended revolt, for their success depended on
'their secrecy. Bristol himself says the rank was concealed from
Mr. Smith. It was not till the lfith of August that the revolt was ar-
ea! iced—that every thing was in a state of complete preparation :
seri we learn from all the witnesses that there was no plot till the
'shelling of the 17th of August, on Success Walk. Let us now see
'lf there are not some other circumstances illustrating this state-
/fp:ln, and placing the innocence of Mr. Smith in the dearest pos-
elele light. What was the conduct of Mr. Smith when it was said
he knew of the revolt? (lne would think he would have looked
to self-protection, and that be would not have allowed it to break
tent without guarding his wife. The revolt ,breaks out on a
piordiy evening—Mr. Hamilton seeks for his assistance—Mr.
'Smith expostulates with the negroes—be endecenum to quell
the rabellton--and what was the conversation among the negtoes ?
'net say, " He's a white man, and though we 'Respect and vene-
rate him for his good wishe., still he is formed by nature to be our
enemy, and we will not trust him." If thenegmescommunicated to
him their intended revolt, would they have uttered such sentiments ?
would they have placed any reliance on him? (hear, hear.)
What did Mrs. Smith do ? Did she receive the intelligence as of
its event she knew before? IVas she free (torn truer? Three
witnesses, amongst whom was Charlotte, all deposed that she was
in a state of the greaten agitation, that she was unable to sletm,
and that she expressed the greatest terror and apprehension the the
surety of her nusband. Is it then, I ask, conststent with all pro.
Lability, that Mr. Sinfth would allow the storm fo burst on his
wile's head ? Every probability, every feeling of our nature, give
it a flat denial. Before 1 Lave this part of the subject, I must beg
the pardon of the House for adverting to the tegument used the
other evening by my Honourable and Learned Friend the Member
ou for Peterborgh. Though some days have elapsed since his state-
' trot, I feel it my duty to advert to theextreme unfairness of his quot.
fag the testimony of one witness, whose testimony he should have
admitted to be throughout contradicted. I can scarcely refrain from
expressing my indignation, I had almost said, at my Learned
Friendhe wondering why Mr. Smith had not attempted to prove an
but, ou the contrary, bad admitted Ira was present during a
certain conversation. What is the veal fact ? Mr. Smith did woe
deny the interview. hut tulniitted as an honest man, that he had had
a conversation, but at the same time resolutely denying that it
could cast any imputation upon him. Then his crime was the ad.
mi.eion that he was present! The House may temember that
some 20 years ago the present Chief Justice of the Own of Com-
m on Pleas wee charged with committing a rape upon a lady at his
chambers. What, I ask, would my !lor.ottraW and Learned
Friend the Member for Peterborough say if the Chief Justice did
rut stand upon his character for *denial of the charge, hot had
denied that he was at his chambers? (Rear, and a laugh.)
Whet wield my Hon. and Learned Friend ray, Ifs similar charge
sous 111:11i.: against hims...lf ? What would he say ? Would he
deny le tog at his chambers if the fact were that he was there P
Would he have the world to believe bimso—.or think himself guilty.
'if he could not bring his clerk to prove that he was at the Court of
King's Bench at the time ? (Hear. and a laugh.) I could hardly
expect such a thing from even the Depaty Judge-Advocate, much
less than from so Otte a lawyer..-an subtle an arguer—so eloquent a
speak nip Hoe. and Learned Friend. The House may see
what the nature of the case must be, when my Hon. and Learned
Friend contleecensiel to such an argument. There are two other
ittatt, es which I feel it necessary to notice, and I shall begin with
the failere of the notice of Jacky Reed on the evening of .Aug. lib
In the communication that tonic place between Mr. Smith and
Jacky Reed, the rimer declared he wan ignorant of the altar of
yesterdy and of the whole scheme of agitafion. Every. hasty
Rowena, he at the same time declared to be inconsistent with the
duties of the religion they professed. and every cireametance con-
tinued the fact, 'that he was Ignorant of the revolt. It had been
nail that Mr. Smith remeieel silent after be had been made ac-
queinted with the revolt. Now, if he was favourable to it, would
I.e have dente:mewl it in the mauler in which lie had done before
h'e congregation ? The evidence which hail been given by
Ha 11irs was. that lir knee; of the revolt is week, before it broke
out. A ea:ire:l4on was elleged to have beets nude by. Mr. Smith,
of hi ceiretizance of the insunection, arid the two witnesses who
der .ssei to the confession, gay': opposite and contradictory accounts
of it. It hail been state I in one account, that he had gone ieto
torn to consult a physician This had been contradicted on thy
ether slier, and It was altered that he had spent the whole of the
din in writing. The lion. Alember proceeded to comment on the
il'enee given by throe two perfume, in eves line of which there
me some assertion which contradicted or falsified that which went
*fore. When such things were to be found in the progress of the
investigation, and when I find tar lion. Friend, the 31 ember for
Perarbomogh, complain of 31r. amides having been guilty of
retneraltnerit, in not having conimunicatal to the Ocerernment all he
knew, I smolt say, that he appears to me to Isere only read as much
as 'nested him to make an accusation, without having examined
inn all the facts raid circumstances necewary to sustain is it.
(Hese, hear.) In the et-ideationr to establish the guilt of this
unfortunate man, confusion of dates had been introduced, and
ernes of time and place resorted to, with a manifest view
of inculpating him. The next charge was the commanieatioes
of
Mr. Smith with Qoamina. This charge arose from Quentin& '
hewing been found in his house subservient to the revolt. It did
not spacer that any communication took place on the subject of the
revolt, between Quamina and Mr. shunt' ; his emitting there was
areettental, and the only thing ascertained to have taken place wits
an inquiry made by Mrs. Smith into the Mille of things, knowing
• lie weemee to be in • state of rebellion. But in the whole evidence
it wee i.ot to be frond that either to Quamina Inc to any other per.
.on, a single ward escaped the line of 31r. Smith encouraging rebel.
lion. The ReCUT4I6OII was only to be found in the newpapers of
of that ill.fated settlement. And now I conic to what, in my opt-
-7"•111, COnfllitllteS a stronger &wound of complaint In the treatment of
this gentleman, than any thing I have yet stated. That is. the in-
vestignion of his conduct for the whole period of his residence i.t
the Wand. Thus was he aerated to the ttiecurdon of the trans.
actions of seven years of his life without a specification of thargeo,
without a knowledge of the complaints, their number. or their ten.
donee, to be preferred sgsinat him. By one sweeping accusation it
was weight to crush him. Who is the man that could safely trust
hit life to an investigation of such • nature ? What man in this
House, or in this country, could calculate on the security of his
person, if he were to be suhjeet tom mode of accusation so iniqui-
tous and unjust? Too strict en observance of the tiabhmth day
was also amongst the doctrines which it had been oempledoed

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law. Now he believed that no one would for a moment hesitate
to
assert,that b IS° "chili illw. conceelment of demon was punish.
able by death. The authority oe Hubert an this point was la.
I questionable. Ilia words were, that " examples exited. by
which, if any person excited sedition, he must sutler hiss of
life; and the same punishment meet follow if any one homed' of
such sedition, or is conscious of it He was not standing there to
vindicate that law ; it was sufficient for him to see that death, and
death alone, was proteribed by the law of Holland. There was
another authority, tram the works of Van £4lll a commentator on
the Dutch law, whom works had loos translated ill 1888 h by so-
-1 dimity of the Administration of that dray. Ile states that crime
against the supreme Majesty-Crimea Alaysintb—is the greatest
crime that can bp committed in this 'sentry. , Of this crime. there
are also guilty, who, knowing of' the treestm, have not discovered It.
(hear, hear.) This argon of law
prevailed over Europe. and it
was quite clear that it ass much 'even, in its character than the law
by whit% Mr. Smith wra judged. Now, he humbly conceived that
before the Hasse rime to the notation they were called upon
by the motion to adopt, they must be satisfied of the truth of one of
either of these three propositions:—let. That the punishment was
teo severe; 2d. That the Overt had not jurisdiction; or, SJ.
That the conduct of the Court was partial or unjuot. (Hear.)
They must, he repeated it,—and he could rot too strongly enforce
it upon the attention nf the House,- they must be quite satisfied
of the justice of one of these imputations before they decided that
so gross a violation of duty
list been committed by the Court
who tried Mr. Smith. The proelarnation for martial law was issued
on Tuesday the 19th August, anti on the Hilt the alleged mis-
prision occurred ; but on the other side it was conter.ded that there
was an extreme irjuotice in subjecting to the provisions of martial
law those offences which were alleged to have been previously
committed. As a general proposiuon he admitteetthe treth of this
assertion ; but he was out ready to admit it without limitation. If'
it was asked, are you prepared to call before a Court-martial an
individual charged with a felony rnnimitted in a preceding year,
he should answer, Certainly not. (Hear.) Nothing could be more
absurd than to reduce within such a scope 0111.1cce of so long stand-'
ing—nothing more unjust, more out of the intendment of mar-
tial law than that offences committed at a distant and pest
time shouel be brought under the controlling of this species
of law. But how did the ease stand ? Dlr. Smith was
charged with arriving at a guilty knowledge on the 17th of
August. The result took piece nu the 19th. It was then
that martial low was proclaimed; but was it not a eke distinction
to say, that an offence committal on the 171 b, out of which arose
a revolt. that revolt on the 19th was to be regarded as a by-gone
offence 2 (Hear) The House would Menem that in Demerara
there was no regular Court before which Mr. Smith could be
brought for trial. Had be been brought before the planters of De-
merara, they would have been judges both of die law and the fact,
with the self-same Presidesta who Mad been so uneeeringly and un-
foundedly accused—all of them interested in the quen—all of
them naturally anxious that the case brought font* for trial
should terminate in a conviction. Now he put it with confidence
• to the house, whether 31r. Smith's chance of an acquittal could
have berm, under such circumstances, equal to the chances he had
under the unprejudiced tribunal by which he was tried. The
House would recollect that, with the exception of one individual,
there had not been a single person on the trial of Smith whose
motives were not unstisicious. There was one iedividual to whom
his lion, and ',evened i ;lend, the 31eniber fur Winehelsee (31r.
Drotaglian) had alluded, who certainly had some slight interest in
the sate of slaves, but unquestiornahly not sufficicat to prejudice
his judgment. lie was quite sure, from a careful consideration of
• the case, that there dill not exist a man who would not 'each more
willingly, under such circumstances, submit his case to thedOCiSloll,
of a Court-martial than to the deterniination of these who were so
deeply interested in obtaining his conviction. Much misrepresen.
• tation had, in his mind, prevailed upon the conduct of 31r. Wray I
, in this affair. He had long known that Gentleman, anti he had
learned to respect him for the amiability of his manners ; lie was
known to both him and his Learned Friends opposite, and never I
until the accusation of partiality had he heard the slielitest impute- I
thin against him, and this charge be believed to be utterly without
foundation. Much lied been urged upon die illegality, upon the
leading nature of the queetioos asked ; and he must say, from a
careful perusal of the evidence, that niany mon leading mica
• time were asked for the defence than for the prosecution, and
the balance of what was termed hearsay evidence greatly
exceeded seethe part of the defendant. Then it was before a
Court thus constituted that Mr. Smith well tried ; and here began
. the question, whether or net he bad a fair trial (hear); and upon
this part of the ease be must be permitted to say, that his Learned
and Hon. Friend (Mr. Iniehingteat bad not used his habitual can-
dour. Ilia (Mr. timith's)mb coneoaloon• bed in it sufficient to con-
vict him. Ile had heard,a conversation respecting "managers
and new laws." The object of that conversation ho must have
known, yet be never communicated it to the Governor. There
. were other circumstances connected with this transaction of a very
suspicious nature. The involution' broke out in August—on the
• 18th of August. It was heeded by the principal persons of 31r.
Smith's congregation. Alreand M re. Smith thought proper to re-
main in their own house after that period. Mr. Smith had an op.
portunity—this from his own admission was evident--of communi.
, sting the revolt, the intended revolt ; aid lie had not made that
communication. it was trot memory fur him to say that Mr.
1 Smith was guilty; all he had to contend was, that there DM suffi-
, cient evidence to justify the ending of the Court; and that this
was not a case in which there had beets so violent an abuse of
• authority as to justify the vote which the motion of his Hen. and
' Leairued Irked Ctir. Brougham) required.. (Hear.)
Mr. J. IV ILLI AdIS said, that his lion. and Learned Friend,
for whom he had the greatest respect, and the matinees of whose
reasoning formed so striking a cannot to die proceedings which
he had undertaken to vidieate, had thought proper, in the coin-
• meneement of his address, to state that this question was entirely
new—aad he Cllr. %Valiant+) must be peymitted to add, that one
line of the-denude tarnished by his lion. and Learned Friend was
,at least equally remarkable fur its novelty (hear}_-for neither in
the laboured researches of the Colonial Secretary, nor in the inge-
nious reasoning of his Hon. and Learned Frigid the Menthe. for
Peterhorupgh (3lr. Sawlettrwas then any entwine to that Amore
law which his lion, and Leanest Friend had brought into therm.
• flier tonight. To the stores of tee Dutch cennwentatomleemed in
the law, the Deputy J udge-rielvocete had tilta dreamt of referringt
he contented himself with applying to the authority of Mr. Justice
Blackstone—he appealed to the provisions of the Mutiny Act—but
never until this night had it occurred teeny one to resort to the sub-
terfuge to which his lion.and Learned Itiend ( Mr. T.)haa marred.
It was upon Me. Smith's own admission and upon no other eve.
dace that he was at all iactameed at !Jerome& or maligned in
Englund; for the testimony of Seaton went no further than to
• charge him with not making known, en the Sunday evening, at
six o'clock, • revolt that was open and notorious at half-past tour
on the same lay. The evidence of Bristol and Manuel did not
bring home to Air. Smith sly cognizance of treason. He would
admit that it was not necessary that treason should have been com-
pleted in order to implicate a party in the misprision of it ; but still
tt was Essential that there aloud have been a disclosure of treason
for that purpose. line there was no disclosure. Ile denied that
Mr. Smith was acquainted with any complete or specified treason
on the part of the negroes, nor could the evidente be so distorted
I as to make such uppers/
The lion. Member here entered into a
'strict scrutiny of the. depositions of Bristol, Manuel, and Peter, and
• from which he inferred that there was no proof of treason having
existed. The conduct of the negroes was no more than an inde-
finite and undigested plan for the amelioration of their unhappy
condition. Mr. Smith's behavioer throughout was uniform and
consistent; nut an expressim tureen action was attributed to him
but such as discouraged lad discountenanced all attempts at vio-
lence. Ile (31r. Wills: ens) chellenged arty Honourable Member
to point out any concerted measures or specific scheme to overturn
the religion or the government of the country, in which Mr. Smith
had been concerned, anti thereto:* he could not be charged with
misprision of mash', and it was therefore a scandal to turn him
over to be tried by such a tribunal re a coureniartial, which was I
a satire on I mw, slid a condemnation of the country where it ex-
isted. These legislators, who had been eulogised by his Honour-,
able Friend the 31ember for Peterlsorough, were so happily versed'
in the laws that they were caked on to dispense, that, notwith-
standing one of them had been described as a Fellow of Trinity
College, Cambridge, and might therefore, acceding to his Learned
and Honourable Friend's notions, be summed to have some know.
ledge of law—yet, notwithstanding all this, these humane judges
of Mr. Smith had forced against htni a portion of what he had caul,
yet they had refused to hear hint in explanation of it. (Hear,
bear.) The whole charge messiest Mr. Smith was, that he had
heard of something like a plan which might perhaps have been
enforced at some distant period, unless their grirancee were at-
tended to, yet his judos had unputed to him a desire to revo-
lutionize the Colony, of which he was to become Emperor, and to
haves black administration under him • but from all that be had
ever heard of 31r. Smith, if indeed he slid dream of kingdoms, they
were not kingiems of this world. (Ileac) His demeanor was
bumble, modest, and retiring. Yet this was the man who wns ac-
cused of dreaming of empires. " Imperium, fences legioute."
These sapient judges also found 31r. Smith guilty of the first
charge, but acquitted him of the intent, which was the very essence
of the charge. God defend him from ever being put on his trial
before such judges—such Fellows of Trinity College—Ruch
Daniels, or tattier, be would say, rEacuses and khadamentituees.
The Deputy Judge Advocate of Denseness had also seeded law so
eonceesiendy, that in had declared that the fourth charge was satis-
fied by its having burn proved that Me. Smith was in the pre-
sence of Quantum on the Ilkh of August. The persecuted
individual has been smenioned before 'nether tribunal, and
before a more lenient Judge than those who nod him her:.
It should be remembered. that it was two months after tran-1
quillity hal been teetered, when no necessity existed, and when
matters were daily tOOtilittillg to improve, that he was brought to
his trial : after time had allowed the passions to grow cool, and the
law! had remelted their accustomed force, was he ceaselessly tried
and sentenced, when there was no necessity for such an set ; for
necessity is the plea of tyranny. this lion. Friend (Mr.Tilidaii)
1-.2111 forgotten this circumstance in the course of his ariplrDelt. The
second charge against Smith was, that he met Qaainitut on the
Wednesday before the iueurreciou, with the intent DI give it his,
assistance; but this WY not only without proof—it was against all
the evidence which had been brought forward on the trial. The
conduct of Smith was, on the cautrary, insatiably, and without the
shadow of turning, to clhisaade and drive from such a purpose, if
such a purpose were communicated to bim. Ile (Mr. J. W.) wonki
pause ter a moment to declare his rooted opinion, that it was not
Mr. Smith who had been attacked in the present instance, but it
was all instruction, all religious instruction, from a belief that the
mad principles of Christianity, and the principles at which human
nature shitatters, could not long endure together. (Hear, hear.)—
lie would ask, how did it happen that Smith should have been per-
' secured, and Hamilton spared 1 It was because he was no 31 isai-
mean, and had no partiality except for additional punishment ;
yet he, who tannin nothing, wleete only instruction was torture,
had been spared, while the other heel been persecuted to death. If it
were indeed true that the Colonies mold not be preserved but by
the continuance of ignorance, then he would say, tear down your
chapels, Weal your clergy, and burn your bibles; but if it were, on

,he was too sedulous to inculcate. The Sabbath was a day which
should certainly be confined to the pintermance of necessary
duties. On that clay I would have uo objection to innocent relaxa-
tion, but would be glad to encourage what contributed to gladden
and enliven the hearts of all. In a state of society where slavery
existed, this was peculiarly neconary ; for, sifter six Maya hard and
oppressive toil, the poor negro might at least be permitted to conse-
crate the seventh to rest. Yet, in violation of the law which ire.
posed a penalty of five hundred guilders on obliging negroes to
work on Sunday. their employers and managers frequently obliged
them to work on that day. And whet was the doctrine that
Mr. Smith preached on this subject? Whilst he inculcated an
observance of the Sabbath, he inculcated too an obedience to their
masters and superiors. consistent with justice. 'Tie true he did not
shrink from declaring and expounding to his congregatioe the pre-
cepts of our religion on this ground end, did tic shrink from the
declaration of that doctrine, he would onlv be a reneged° and apne-
tate from the doctrines of that God whose ministry be came to
preach. One witness, and one only, had indeed deposed that Mr.
Smith had told his congregation not to work ; and as a stimulus to
induce them to abstain from it, preached to them not to mind a
few lashes more. The effect of this evidence was destroyed by
what had been deposed to by Vangorater and other witnesses. The
Hon. !Member proceeded to read an extract from the evidence of
John Heed. page et. of the printed Report, in which referecce was
made to Document No. 13, relative to a chapel, on the erection of
which a conversation wok place between him and Mr. Smith. Mr.
Smith was free from any blame in this transaction. After having
gone through the several points of charge, I will now undertake to
prove that no honed Judge could come to the verdict at which the
Court Martial which tried this gentleman arrived. I will now pm-
coed to show the numberless sins of that tribunal, and will even go
so far as to say that they came to a verdict knowingly and wilfully
false. And first it is s cause of just and grievous complaint, that
before plea was joined, he was not allowed the advantage of counsel
to plead against odic jurisdiction before which he was sunimoned for
trial. He hul no opportunity of protesting against its legality;
and that it was illegal even his Hon. Friend the Member thr Peter-
borough admitted. Ile had been graciously pleased to say what
indeed no lawyer would venture to deny, that it was illegal to put a
person on his trial after the proclamation of elertial Law on the
charge of offences which had been alleged to be committed before
that law hail been proclaimed. Nor was this the least injustice
rendered him by this triburtaL So vaguely and indefinitely
were the charges shaped—so studiously ignorant had Mr. Smith
been keen kept of the precise accuieuion he had to meet, that
no intimation of time, place., nor any circumstance, was made!
to him, that might furnish him with a clue to the object and
effect of the prosecution instituted against him. No specific charge i
was preferred ; the accusation embraced a period from the moment
of his arrival in the island to the moment of trial. The next Sc.
caution I shall male against the conduct of this tribunal, is the
manner in which evidence was admitted on the triaL Oa the part
of the defendant such questions were put as this : " Hare you ever
told befiwe what you now tell the Court ?" If the witness an. I
swered in the affirmative. his evi den :e was rejected on the part of
the defence, and every pretext was resorted to to shut out evidence
in vindication of his innocence ; whereas, on the part of the prose-
cution, hearsay evidence, three and four deep, was enmity admts.
sible. Moreover. evidence on the part of the prosecution wits pre-
pared three or four dart beforehand, whilst the defendant was
obliged to supply his evidence as the occasion called for it. These
are the reasons that make me tnink that the proceedings of this
tribunal have not been regulated by fair and correct principles—
principles on which no tribunal in this country would act, and which
it us impossible for me to reconcile with the notions and feelings of
honest men. For myself I can only say, that did I preside over
such a Court, and if I could not control proceedings so illegal and un-
just. I should retire front it with indignation, rather tnanise a party
to such proceedings. It is with regret I find that the ChiefJusuce of
the island sanctioned these proceelinge. That gent. (Mr. Irray) is al
Fellow of Trinity College. a barrister, and as my lion. and Learned
Friend, the Member for Peterborough has told us, a friend of his.
For the conduct of others there might be some extenuation ; they I
were not, anti could nut be very well acquainted with legal proceed.
logs. but for the conduct of the Chief Justice, I own I am at a loss
to account. Their Jenne:me: should have been dispelled by his
kr.-arledge ; he should have availed himself of his acquaintance
with law to fix more deeply in the minds of others the propriety of
ointerming to it. \Viten I heard that the Judge Advocate *cud as
he did upon the trial, I re;-renal that he did not withdraw from the
I Court rather than remain and sully the gown which I wear in
I nommen with him, by sanctioning proceedings such 84 I hare
adverted to. Then It should be remembered that the hardship
was increased by the interval of three months which was per-
mitted to intervene between the trial and the passing of final
sentence. With reference to the manuscript of Mr. Smith,
without vouching for Its correetneas, it. at least in my opinion,
deserves to be inquired i"to. If it be correct, it certainly
lixes the disgrace deeper than it lay before. At all events, the
correctness of it was a subject worthy to be inquired into.
The nest topic to which I shall advert is the consideration of
the causes of revolt in the colony ; and there are two principal
causes which in my mind satisfactorily account why a spirit
~of revolt should be excited in Demerara rather than any other
settlement. Fine there is the largest importation of slaves into
that Wand; and, secondly, front the register aecoent it appeared,
the mortality in that island was quadruple that of arty other
colony. Nor was there any of the calories which sefteed so severe-
ly from the want of medical aid and Advice as Demerara. These
circumstances, together with certain restrictions on attendance on !
places of religious worship, greatly contributed to the revolt that
broke out on the 13th. Rut a crime, in my opinion, that ope-
rated mere strongly than any of these I have stated is, the sup-
pression of the letter of Lord litsthurst. It was to he regretted that
that document bad not been laid before them earlier. From the
time of its arrivel in the island in August, up to the very period of
the revolt, the inhabitants were in ignorance of its contents. A ru-
mour hail been permitted to creep through the island that some
good was intended ; the nature of it they were nut permitted to
know - hut they saw no accompanying relaxation of the treatment
they haulpreviously experienced. They still saw hope deterred,
and the severity of punishment Increased. Hear, bear, hear.)
They. had arrived et that period of misery beyond which human
stiffereig can no longer be endured i they had reached that point of
persecution at which the oppressed turn back, and wreak vengeance
on their oppressors. (Hear, hear.) These were the causes of the re-
volt, and tt was idle to attribute them to any other. There were
particular causes, calculated to create a spirt of dissatisfaction iu
the two estates, where the rebellion broke nut in the first instance.
These estates were Reseuvenir, on which eir. Smith resided ; and
Sutras, which adjoined it, scd where Quamina lived. In the
first of these estates, when the intimation was made that the cart.
whip was in future to be dispensed with in the punishment of
women, Mr. Hamilton, the manager of the estate, said, that he
would have recourse to solitary confinement, and,. a mode of pu-
nislunent, the deprivation of food. He (Mr. If.) further said, that
the objects of Mr. Canning would never be carried into effect ; but
he hoped he would be mistaken, and that the Right lion. Gent. would
enforce those meesures for the amelioration of the slave population,
which he was known to entertain in opposition to any obstacles
that may be opposed to the accomplishment of his designs.
(Cheers.) I have spoken of the estate of Itesouvenir. In the ad-
puling estate of Success, the manager of the estate of Mr.
Burrowes had discharged twenty-six persons, who subsequently
died front being over.worked. These were the general causes of
revolt, as well as the particular causes I have stated of brutality on
one estate, and severity on the other. The revolt was for the pre-
sent suppressed, but the spirit and disposition to resistance still re-
mained, and only waited the opportunity to break forth. That
spirit could only be controlled and suppressed by the manifestation
of a disposition on the part of this House, to place a limitation
1 to their distresses, by the dinemination of religious instruction, and
a general improvement of their condition. The conduct of Mr.
Austin throughout the whole of this investigation was must ho-
nourable to him ; and how was he rewarded for such conduct ?
I hold in nty hand a newspaper of that Colony, in which he (Mr.
Austin) the Curate of the Established Church, is represented,
amongst other opprobrious neperions, as a wolf in sheep's clothing
.as person whom no languege can be found to paint in terms of
sufficient abhorrence—as one in rebellion against them—as a persou
who takes their lives, for he hates their money, the means of living,
which is the same as life itself. (Laughter.) His character was
alleged to be gone—his fame blighted—he was fit only to be an
object for the laughter of the people—and there was no epithet
of calumny or censure that was not applied to this Reverend
Gentleman. Ile was, hi short, pointed out as a being to
be shunned, and of whom they should pray morning and
evening that they might be rid. This was an outcry raised
against hint by donee who were hostile to religiore—who
deprecated the blessings and advantages of education, and who
were desirous to retard the moral advancement of the slave impute-
' tion. But I hope this House will interfere—will restore the fair
forms of justice, and raise up her prostrated tribunals. (Hear,
hear.) I hope to see the administration of the laws there regulated
by the utile principles of British justice as govern their adminise
nation in this country. (Bear, hear.) And I appeal particularly
to the Right lion. Gentleman, and call upon him to bring the great
talents he possesses, the high situation he holds in this House' and
the commanding influence which those great talents and thathigh
station give him, in aid and support of the views of amelioration
he entertains of the condition of die nregoes. (eheen.) If he re-
jects the motion of my lion. and Learned Triend to-night, let him
consider what will be the effect of such rejection abroad. (Hear,
hear.) How will the persecutors rejoice..-Iww complete will be
their triumph--how phirious their victory ! Let him weigh well
what mud be the rejoicings of the oppressors of Missionary
Smith, and of those woo oppose every measure for the ameli-
oration of the slave populaihre and who glory in the confine.
ante- of the darkness that now surrounds them, if they have their
schemes deruped by the approving authority of the Right Hon.
Gentleman. As the unfortunate Gentleman who preceded you
has ;roue to render his account, so shall you be called upon to Ten-
der yours, f.ir the decision you shall give this evening. Wue be-
tide the man alto shall arch!, on this martyr's life and conduct,
without having sifted his case, and forming his determination on its
merits, and its merits only. Do not reduce the colony to the un-
happy predicament in which your rejection of the present motion
must place it, but give it that effective support which will be in
accordance with the wishes of the people abroad, and which will
prevent the recurrence of proceedings alike dishonourable to the
wlminidrstion of the law, and inconsistent with the principles of
justice. tCheer..)
el r. TIN Int LLeammeneed his maiden speech, in defence of the
Court Martial, so unmeritedly reproached by the Honourable
did Learned Gentleman. This was a new question, and it
was one in which, he admitted, the public felt no ordinary interest.
The offence for which Mr. Smith was tried and convicted was ad.
mined small hands to be a very serious and a very grievous offence;
aid he was prepared with authorities to show that the punishment
of death was the constant and the only punishment with which such
n cruise was visited, aceord.ng to the law of Demerara. Hear.)
It was eitareely ungainly for Lint to infirm the House that the
law of Hollaml was the law of Demerara; and it was as little ne-
cessary for him to call thesattention of the House to the enemy'.
stance that the law of die and was grounded uu the old Roman

the cdtbury, proeod that instruction wet the only means to smell- Smith and other missionaries; but unquestionably the spirit e
orate the conthtten of the ale., population, then he would say,
meta
tmariad perseciyunestedl:ntowastheadsvper:tooftecetilariropmiagasnitivon.
do net let us, because op the other side of the water an idea pre. gether. Christianity itself wan opposed to the at-stem
'veils that slavery and religion cannot exist together, give our sane. wards the slaves, and therefore the supporters of that estilete-e.,,,,,,e-
-tion to an act of gems injustice.
The ATTORNEVOJENERAL said, that he should not do missionaries were seised, and a paper was issued by the 0 the
his duty unless he made some observations on what he would se. which was in fact an outrage upon religion, and an insult to"vitemill'
knowieultae to be an important subject. He was ready to admit, verement under which he hell his tut tufty. The real off
land free to say, that If he had been sitting In judgment on the cue Christianity, and the real object to present the laws of (7,l,leci4erie,ll-
- of Smith, anti considering all the circemstances connected with being made known in contrast to the laws which man bed seta
' that ease, he would not have passed the sante senteece that had : in those Islands for the in arnient of Lis unhappy fellow-ere" -
been passed upon hint. (Hear, hear.) But it appeared to him that I All the measures of the Colonial logisbuure proved, that "'Wei'
this was not the question to be omaidered. 'I he persons who sate ; the pretence of distinguishing between the Missionaries might
on that trial were perfectly indapendent of the island, were men a sometimes set up, the design was to stop the progress of reigil"
character and education, and patieedy heard the evidence on Iby whonemerer taught. It was true, that ra Boreal' , after-time
bah sides. He was not; thaefore, Justine' in seeing that they had I meetinghouse had been destroyed, a proclamation was isseed b:
acted erroncettaly, and much less from the motives attributeu to the governor for the discovery of the offenders; but wood the
them by the lion. Gentlemen opposite. lie would first direct the I house believe that • counter-proclamation denounce-4 penis!, se—t
attention of the House to that point on which there could be hat' against informers was publicly issued, and that nu official noticem-
one opinion. No person could ;Ratify the proclamation of martial was taken of this daring contempt of authority? This cou
law, except in cases of the greatest necessity ; and unties the proclamation was not sent forth by the dregs of the pepulation, be;
House were convinced of the necessity of such an act in the present whom only it might have been supposed the outrage ceild
instance, the proceedings of the Court-martial certainly could not been committed, but by the most powerful and influential p' erves
be justified. flue he would entreat the Howie to look at the situ'. of the Island. It was not to be wondered at, that that ;madam" -
eon of the colony of 1/emerara, at the period of the insurrection. Mr. Smith, was not forward in giving that information by which
In the island there was only • population of 4.1100 whites, scattered the unhappy slaves would have been subjected to a sentence of rye
over the various parts of the country. a hilt there were 90,000 slaves, . or I ,eOO tuba' by the cent-whip. Yet the was the utmost event
with feelings of the strongest hostility tower& the whites. The of his alleged criminality. If 31r. Smith had stated trout his
military
force
amounted
to
no
mere than me; sod when an apple pulpit, that the slaves were to become tree, it proved that he
cation was made for a reinforcement, it was answered, that a re- could not have been accemare to the plat. Time truly great
inforeement could not be sent. It should be remendwred. that the I and good man, Mr. Austin, had declared that none of the cares
question in the ishl34l was not one of ProPerte only ; the whites had who were executes) had stated 31r. Smith was concernefl in iiitucinei
their remilias to protect, and could it be expected thst they would the revolt. Mr. Austin was himself the object of persecution,
ur,
leave them to the mercy of those who were comparative savages, account of his great virtues; but it had rot prevented hen let
exposed
scenes
similar to those that were witnessed at St. Do, giving to the world a publication which entitled him to the rm,
mingo. The House must be aware, that the moment the insurrec. I tuition of every lover of religion and freedom in the world. It tors
titan was put down, then martial law would terminate; but a letter I said that it would be cruel to condemn the court-martial unheard ;
from Governor 31urray, written after the insurrection, had stated, ! but what sense of humanity or spirit of fairness had they ntaniested
teat although he would restore the usual laws as soomai possible, towards the unfortunate man, wfiow guilt ennsimed in syminitenteg
the island had still much to fear; for the negroes„ no with the wretched sieve's, of whoa, sufferings he was the daily eve.
they remained quiet, were yet sullen and discontented. Surely the witness, and for whom he naturally had a strong sympathy % jr
proclamation of martial law proceeded only from necessity ; and I the court-martial was not condemned, the Heise must in effect say
surely those who were on the spot must have been better judges of ; that their judgment was worthy of British justice. Not one Meni.
that necessity, than those who examined the subject here. So late I bee haul ventured to defend the proceedings of the court-martial,
as the month of November, a bleat slave was in the weeds at the I and therefore it became the Iletige freely to express their opiniat
head of a numerous force. The Hoe. Gentleman opposite (Dr. of the sentence parsed that worthy man, who had fallen a
Lushington) had alludete in very severe terms, to Mr. Presi ent martyr to the • eof his arduous, benevolent, and Maas
'Wray; yet this very person, when requested by Governor 31array to duties.
act as Judge-Advocate on the Court-in artial, refuted so to do, al. , 31r. Secretary CANNING said, that whatever differences of opi.
trying as his reason that he might be &Mused of acting with par. Mon might have been expressed in the course of the debate—what_
ti
ity.
He
agraod, however,
to
set
as one of the member, of the ever shades of difterence might have been manifested, there was
like this, no part mold he mates.
Enonsametial bat this consent took place, not with reference to one point in which they shouhl all agree, taamely,..°l:t.hite:l2‘ntr".tthisiligilu'est
the trial of Mr. Smith, but to any that might arise. The House tion was one of then:lost painful ever discussed. (Hear.) He scarcely
moral be aware, that the situation was neither of honour nor emolu. recollected a question in which,
, rent ; but was one from which he would have nerunk, if he had plated with satislartion, whether he considered theproceedings
not been conscious that the circumstances of the country required it. with regard to their origin or their vault. lie entirely differed
y
He knew Mr. President Wray, knew him long before the present suit. from bis Hononrable Friend who had spoken last la to one part of
ject was agitated, and he knew him to be • inan as cool and dispels. his speech, though he admitted that he had genesall put the
'imam as any he had ever known. He would now direct the at. tion on a fair issue ; but he (31r. Canning) denied that he was
tendon of the House to the circumstances in Mr. Smith would obliged, either on the one hand, to contend &r the perfectness and •
on the other, to assign to the unfortunate gentleman who was tried
have been placed if no court martial had been instituted. He Propriety of every .Part of the Proeeedings of the Court Martial. of
would then have been tried by the President and eight planters, a
majority of whom would have been sufficient to convict him ; and before it the title and honours of a martyr. (Hear, hear.) He was
his chance would have been infinitely less, if he had been tried by prepared for neither of those extravagant extremes, and he believed
' this ordinary tribune!. Much had been said against hearsay evi. the House would best perform its ditty to the country by theme-. ogi
deuce, but every person who wit' at all aware of the nature of the . from pronouncing such an extravagant opininn as was required
law at Demerara, must know that before the onlirary tribunal, ! from them on either aide of the question. It was a natural artifice
hearsay evileice of every kind was received without limit. An. lof debate to attempt to throw on those who would out support the
other question was, an to the misprision of treason ; there was not, motion, the task of protruding step by step through this anomnlous,
lee was sure, a single individual who was in any way connected complicated, and difficult proceeding, for the purpose of justifying
Iwith Demerara, who did not know that by the law of that island, It in every stage. Ile did rot hold himself bound to such &coarse
the knowledge and concealing of treason was punishable with Whatever di erence of opinion might exist as to the expediency of
death. He (the Attorney-General) hoped that he had said enough entering on the motion at all, he could dissent from it on grounds
to show what the fate of Mr. Smith would have been, if he had perfectly tenable in arguineet, and satisfactory to justice, without
been tried by the ordinary tribunal; when Governor Murray, if Identifying himself with the principles and sentiments of these
his feelings were such as had been attributed to him, might have by whom 31r. Smith was tried and condemned. The chariot
found it ter eosin to procure a verdict against him. The lion. against the Court 31areial were—first, the impropriety of the tri.
Gent. (Dr. Luithington) had alluded to the to of colt • burial ; snootily, the incorrectness of the mode of action ; and,
set to Mr. Smith, but lie (the Attorney. General) believed that thirdly, the violence of the lentellfe, all resting on the assume.
no application had been made by him for Countul until he had been don that Mr. Smith was perfectly inneceet. ()hear, bear.)
found guilty. It would be now necessary to say a few words as to It had been said that no man could dissent from the resolution who
the evidence which had been brought forward oat the trial. %Vhe. was not prepared to maintain the guilt of Smite, to the extent to
cher 3lr. Smith ought to have been tried by the laws of the lased, which that guilt was assigned by the cone...martial. 'Chia poseion
or by those of England. was a question lie would not now argue ; he denied wholly. Without );Wing into ell the particulars of the
but he would merely observe, that if a person had been tried for a evidence, of which, in the course cf the debate, the House hail
crime which in this countre was high treason, and in Demerara was heard a complete analysis of all its parts and beninge, be had so
a misdemeanor, it would not be justifiable to try him there for the difficulty to state the honest pemusamo of his mind, that of that
former crime. It wet surely high treason to promote an insurrec. crime, by whatever name it might be mane which consisted in
tion ter the purpote of driving the Whites to George Town—and it concealing what, if be had known to exist, he must have !mown to
IMR surely high treason to attempt to gain possession of the men. be mischief; and if danger, be most have known to have been
try. Then it' a person knew this: any insurrection of the kind minent ; he could not acquit Mr. Smith. (Hear, hear.) He would
were meditated, and did not give notice of the apprehended event, not presume to dive into 31r. Smith's motives, but of the fact he
rat wit certainly guilty of misprision of treason. Could any ItAP:111. (Mr. Canning) individually, uponhis honour and conscience, was
able person, be would ask, have a doubt on his mind that Me. persuaded that Mr. Smith did know that, which if he knew its
Smith knew this? ((hear, hear.) He had said in the letter which character, he ought to have divulged ; and of which he must have
haul been an often alluded to, " I knew that something was In agi. known the character if he had common discretion. (Hear, hear.t
tattoo, but I did not like to question then,." Could any one doubt, Whether the Dutch or martial-law assigned the sentence passed
after reading this letters that he knew of an act of treason being in upon Mr. Smi h. he (31r. Canning) was not she of his awn know.
contemplatZu ? The object the slaves had in view had been told him ledge to judge ; but when the question was, whether fr shouid Ir-
by Bristol, who said '• they meant to drive the proprietors to terms." culpute the cuurter.artal of murder (hear' hear), it seemed to him
It would be necessary to mark how this operated on Mr. Smith. that the question was, whether the Coe:: belie-fed they were acting
He said that "he adreed them to do no suck thing, that they legally, and whether they were borne out by the authorities on
could not overpower the whites and accomplish their object, and which they had proceeded % (Hear, hear.) lie would have more
that, therefore, they had bear remain quiet." Ile had said in his difficulty if he had had to defend the eonfimation of that sentence,
deter.ce, that he was to agitated and confused that he did not because then the executive government would have adopted it as
know what to do;" but this was palpably ieconsistent with the their own, and consequently been bound to prove it in eyrie pan
assertion in the letter to which he had alluded. He said, also, legal. Legal, he believed it was. on the authority which hod been
that he had not time to make any communication; bet he was stated ; but it was known general) eto the elembers, and it was tit
asked, did he attempt to do anything to prevent the insurrection. it should be stated in the House, that on a full exavninatiou of the.
hits plea would h .ve been reasonable if he had so dodoes—if he had Proceedings of the reurt-minial there was not a dissentient voile In
endeavoured to make the most of his infamnation--fert he had re. annulling, or at least commuting the sentence. hear.l
ceived precise information at six o'clock, that at seven the insurree. lie stood there, then, only to vindicate his vote as a Member of
Parliament, against coneemntag unheard the tribunal by which
tion was to take piece. What did he then do ? Ile walked out
with his wife, but not towards the house of the overseer. which was Mr. Smith had been tried. In proamoteiog that sentence the tri-
mly 100 yards! diem,. No; his walk was altogether in the op. burial had, in a way, afforded to the prisoner that only benefit ee.
pulite direction. It was not necessary to advert to what had longing to the laws or Demerara whice could counterbelarce the
taken place on the Tuesday, for although Quamina was seen to many disadvantages of his situation, the rteht of appeal ; for with
go into his yard, it was not proved that he wont any farther, tbe sentence they had coupled a recommendation to mercy, which,
Hot on the %Vednesdey, 3lr. smith said to Romeo, " Quamina under the circumstances of the alit, was not, as etch recommenda.
does not come to see me now ;" and, in consequence of this, tions enmity were, optional or accidental in effect. Sat which ne-
Quamina did conic—privately, and at night. It should be re_ cemarily can ict with it its own execution (Hear.) The Court knew
collected that Quamina was a slave on the Plantation Success, that it was utterly impossible that a sentence of death. easel under
and that all the slaves on this estate had revolted. A woman martial law in the Colonies, and in the cultist of alum and con.
named Biddy was in the house of' 31r. Smith, and as it would fusion, to be remitted to the consideration of the King in ('ouree,
not have been wise to admit teuambia while she remained there, administering justice in the full enjorreent of light and liberty,
she was prevailed mem to go to the hoes: of another person. should not be, as in point of effect it was, completely ',entitled.
Quamina was then let in, and the door was shut: he was (Hear, hear.) The House wax not called upon to inentute a ree
afterwards: disntiased, and his Hon. Friend (Dr. Lushington) had inquiry, but by a sweeping
.censure to condemn the court-martial
endeavoured to make lightof the circumstance of his departing with for its sentence upon the prisoner. It was no fault of his (31r.
Canning's) if be resorted to emjaeure why the Court had mooed
a bottle of porter under he am. But this circumstance was stated
only to show that he was received kindly and hospitably, and eremite a severe in preference to a mitigated %entente. lf it were asked,
with kindness and hovpitality. His being introduced into the house there why time Court had not passed a sentence which
might
by night and in disguise showed that the parties must have known have beets executed in the filet 'ileac with:int shocking the teet-
he was concerned in the revolt. lie (the Attoaney.General) only ings of mankind _why, fur example, they bad not adjudged
stated this circumstance to show the nature of the evidence on tibia Mr. Smith to be transported from the Colony. or to some lesser
31r. Smith was convicted. And he would ask whether any person punishment of ary other description--he would answer, bet-sloe
who had inquired into the eireumatances connected with the trial any min"e sentence must hare been carried into immediate effiee ;
could aeoee to the motion of his lion. and Learned Friend (Mr. but to the capital sentence they could annex the reentrimenui-
lirotighant), which declared that those who tried him were rot jus. I ation—which, while it appeases the inflamed passiors of tee
titled um their pr readings ? Ile (the Attorney-Gamed) did in his Colonists, preserved the vicum trim% the fate to which he sr. -
conscier.ce believe that the 'wrestle by whom dir. Smith was tried peered to be condemned. His Hon. Friend (Mr. Wilberforce)
had discharged their duty to the prisoner on the °ate side, and to knew, Om when the news lieu arrived of the arrest of Mr.
their country on the other. I Smith. tot application was made to the Executive Government
Dlr. WILBERFORCE was called upon by name from all parts to resume hint from s
trial abroad, and te bring hint home. The
or the House. The Hon. Gentleman seial, that he felt he should ! immediate eonarepieuee of that applicetion was a letter from tne
be only weakening the arguments which had been brought forward Secretary of State, directing that if the proceedings were not
by his Ilan. Frieuda beside him, if he entered at length into the i begun Mr. Smith ',timid be sent haute le r trial, unless to brine
particulars of the case before the Hausa, which appeared to hint to 1 dins away would break up the peace of the ('obey. His Noble
be altogether the inust unjustifiable he had ever heard of. if he • Friend (Earl Bathurst), in a letter d ited the 23d of Itecertiber,
course that had been pursued by the Ito e Gentlemen who had de- directed that 3lr. Stieth should be rent evil. to this country.
fended—he would not say defended, bat malieed—the cendte-t of if the notice arrived in time to stay the pre. ceding% When that
the court martial which had sate on tae trial of 31r. Smith, was • letter Teethed 1 lone:ars. in pot of tact the proareeding% ha! be.
the.: they had been satisfied to take 3 few particulars, and if they gun. %Veneerer was the wish of tinverweeet to metre 3lr. emelt
found that in one or two instances impartiality had bore proved, I the benefit as trial in this emintry. th,iy had no right to prejlieee
they were ready to acquit thegaeof the court martial of all blame. die tribenal by imputing ill motions to it, tritatcver might hare
rkire was one argument of the Hariourable oral Learned Gen- been their deposition previously to rosetts him from its mresdietene
tleman (the Attorney-General) to weich he would allude; if The fault, if fault there was. WT. in iheproemoing% of • competent
Dlr. Smith bad been triad by tler ordinary tribunal of the tti btmral with respect to shone impa.-iality Govemment had 0 ;seri
Colony, he would have been entitlel to the privilege of an no renvon tin suspicion; anti why neeted tie !louse of lesnimor.s
appeal; and while he though; it was impossible to tired any I call in question this Co-art on pinches on which the highest cri.
thing more unjust and oppressive than the nature of the evidence'. mina' tribunal would not net toweres the meanest Ma aerate—
_the ground
brought before the Court-martial, hes:mule have heel to have heard namely, unless malice or corrniiio: wo riseen. RS
s
the sentiments of a higher Court, respecting the looking into wrong judgment. 'lime liar, ate! 1 aerecti Gentleman (3lr. e.
the private 'twine:end& of a man, which were never intended had said much at, to the inea •el state of the colonies;
to name • human eye, and to know how they would have but the more he pressed that argument. are the imi-e h^ (Mr. ('ac-
expressed themselves when they found a Judge Advocate of nine: assented to its truth. the 11,1,57 e ought tee Gonoetabie and
R (.01011y espro.ssing his disapprobation toetarda a pawn, Learned Gentleman to agree with lit, that the Governor 1-3.1
because use had teed his hick that they were net celestey greatly iTiCrelsell Ole choice of a lair trial, when he sue.
to vielaw the Sabbath, and because he would not induce teem to tracted elr. Smith Item tie ehieh nest
commit this act. All elle arguments which the Han. and Learned have been unfavourable to hen. reel I. toilet him over to 3 tribunal
Gentleman had used on the, auteeet, would be done mos; with certainly not treated by coleaial orOtoli;es, and to which re
when it wen temembered. that it' Smith had hem tried by the ordi. man hail imputed any personal lot.; a.ioinst the priso-.cr. Ulu
nary tribunal, he would Well (melee mail appeal. The ar. • (31r. Conain,in thought with his Hen. friend ( 31r. eVilberterere
guitient that lie had been tried by military men, would, lie con- tbat musette by the bourne.. would hair 1...? (trot of lading ml •
eetred, have less weight, when it was recollected that finny ned ' colonists to suppose that ciilicr l'arluncrt or Government see*'
navy officers acquired, by residing in those countries, the harshest i lukeramt in their wile' eta anielierme the condition of the slave.
and least kindly feelings ; and their sympathy was habitually more' or that they were disposed to give Op tee Helga for the reliaieuu
with the master* than the slaves. Naval and military offerers, I instruction of the negrom, steecn hrel bon so s.dcaudy declared c!
therefore, however unexceptionabletheir characters might be, were, lan rcceistly promulgated; if he thought that it owlet have tie
in the islands referred to, the most unfit to be judges. Ile was I effect of encoureeing the persons who in this very co:cry had late
in a high degree to tied, that not one individual had de. subscribed time teed., and,— to hardly knew hr what el itie t ••2;' •
tended the sentence agatinst Mr. Smith, or really thought hint eiently teeing t.m charseteriza them,—:he rterstr.o:s riontinss wa:.•
;guilty of the crime with which he had been charged; for it I wait jot ever to smut at the light of reason and revelation they ;
should be remembered that the court martial had charged him not even then. 111V1111ChO:y as would '•ethe phiSike'. would h.
with hawing formed a plan the corrupting the minds of the slaves ' agree to purchase an client peon from the eiinsasectice. by sn scut
for years previously, for the purpow of training themes to insurrec. l injustice like that scilicet ha was called 111, •,1 !tt do to tOr.dellthin,
tion. hir. Smith appeared ohm to be the man, of all he haul the Court Martial. Ile would almost .o!,er vothtnit 10 the rise a:
ewer kr.own, the least calculated to with to promote such an object. I bring ; but the epinian of l'ar!iatucia would be as
C 03141 it be believed fors moment, that a non, whose life was in I well known from this el-.11.1:C as by .. formal rs.:lution chi!
strict aceirdance with his principles, would be engaged in an object . might record on ea ir joureals. Tee etionia wail know. the
which was to •terminate in murder? Could he have been wicked the not cottlemninit the procoscclir4,ins of eie Court 31artial indicated
enough, or, being aufficiently wicked, could he hare been tool enough no dismoitien in Parlianent to racciii fr. oi there pleame or tee....
to form or to sanction a plan which we. to promote insurrection aed ale. their pritt pee. II ia II o• able r (I r. Wilberforce ) hag
stray the authorities in Me island, where Ise resided as asu issienery ? alluded to the dostractio, of the Methodist chapel and Coe
To impute to Mr. Smith any design of obtaining power or autho. petition of the 3liguinnay f. nn llarilidora. He was sure it as
rity by means ofstacb an insurrection. wee to impute to hint an act tot from want of cansieue tee; lets Ho:mural:le Friers, had create'
of criminal fully inconsistent with all that was known of his tha. to state the the 3lisaionary who was eth en tram Itarbatlinit
Dal
ranee The speech of the Judge Advocate was worthy of a grand found shelter at St. ‘'inematei. lie could not undertake to say whE
inquisitor. Every eircumstrince was drawn together to make up local accident had :induced tee insure-mien at Barbeloes, but enc.'
the sum of Mr. Smith's guilt ; even the confidential contents of his the House were considering the state of the %Vest Indies geranell/,
journal, written only for his own eye, the outimeringa of his bone- they ought two to look only to that island where the niiiichirt co'
volent wishes for the moral and religious improvement of the ne. seism. but also to the other, where it l:r.d been partly's/ least repair-
grove The disposition manifested in the mecteelinga molest hint ed. It was his conviction thatall that wingoed would beaccompludal
was hostile to all efforts to amend the cuielition of the slaves, which by the discussion that bed taken place on ibis motion, fleet which
it was the declared and recorded sense of Parliament ought to be the Honourable and Learned Gentleman (Mr. Brougham) was at'
promoted. A pretence had been made to distinguhb between Mr. titled to the thanks of his country. Tie mode in which it had been

treated would not fail to sheer that whale:to' might hare been the
}milt or imprudence of this individual, if there was a design to!
put down the religious instruction of the slaves. aid it the tole,.
'lists had been at newhat lucky in selecting their lint victim in his
roan, the spirit of improvement was hot extinguished, and that
:mother such victory would only lead to the complete overthrow or
this final attempt to shut out religious instruction from the slave
populetion. He would not trent the motion as an unreasonable,
though he row:Mend it an menet preposition. He Awoke ,
therefore: :neet k by mooing the previous question. He thought
the adoption of the Itesolutioe proposed by the llonoumble
and Learned Gentlest/him would be a gyms injustice to honourable
men, who he bed no doubt had eon, sicotiottsly done their duty.
With regard to the miltintmate individual who Joel cooed sat •
much diecession in that Ii u.. he, for line, would sae of him,
that he had act•dia part ineorent on the one hand, but etoply guilty .
on the other. He believed him tit have :teen inement MlCH-
tions to ensile the teischel that feilehol traimictioire that Le had ,
borne a commie:mu. share i ; hut then titre points in tl• col:duct I
of 31r. Smith that it e as i ":11,01,Sib:e iit go over welenit imputing
to him the highest degree or blame. For instal:se lii. %bee /teem
of the eV: nte Of the 17th Aeguet, and lie kierolelec of tee helm-
action:. of the riff dim. That pert of his cnnoluct was
slat inexperehle, if Mame were mit to be method to then
unfortunme man, where he aeteetel the nee,' et MU letter di:tail-
ing to him certain MOV:111?nt% that WOLI:lt tike an,! yet lie ;
did not think it necessary to tahe et• v stele in co)ns,ootr,c, ~t jre
felt its strongly le lily man tee •ation oi Mr. Siniet's !
tette journal ; tied it he had been tie Me hint. he witted :lee, put
all the nien one contuieol in i• men, witliou: all.w ene it t't
hear upon his gitereir innocetice: lei; it e emleriet eimeo•irite;
it to bear meet the e.,111111a of the I .;nlr. R".:1,, .tied, tend
bringing tint document forwarl to prove. n a moral mete-Alen.
whether • the elem.. who teed Smelt were guilty or net in the
course thee had permed towards:die ; lie tens: otaitonin that it di—
tmetly 'hewer! the; he apprehtniled a conyulsioe et the colony—he
to u'd not say a+ to the l.reeis, turtle tile! would be puree, d by t!:c
fomenters of it. or the exact time it mined take place—bet he knew
that there were eleeents to eel: a convulsion collecie; a: I /mom ;
and why thil ile Leow that ? Becone it wets hero .Mlle Met infor-
mation err so desultory. celestine:l in the conntrinica•iime he had
raceived.--teitiainted as any p rises there mast have ei e i with the
Ca•eof irrita• ion that e eved In the teed have mire 0 :Ile
knowledge of any individual at Demi:rare without oceiting his
alarm; but much Llei ought to have alerniel Mr. Smith,
Ing, as he did, such superior morns of inlinmetion-- Trees
light ns Rif," would have shewn him the danger of a tonveleion.
In the state of mind Mr. Smith roust have hem in, AS ti) tilt pro-
bability of a rising of the nemeses, at dm well to which he (Mr.
Canning) had lichee alluded, a communication came to him on ,
the suhject, but it made no impression epos hint. Now. he
thought it impolaible that such a ceinniueication couel have 1
been made to airy imlividual, no: previously possessed of lenitive
knowledge on the subject, without inch intelligence nuking a
strong impression mion them. But what did Mir. Smith do when
he feC,i•LII the communicittian of the 17th ? lie tere the letter.
(Hear, humr, hear.) No one wile hail net previously known the
fact would have thus acted. He slept un the verge of a volcano,
and yet the sparks did not awake hint. But did be impute
to Mr. Smith either sicktdrices or folly ? No; he imputed to
him nothing more than the rksire which was always retest
promizent to good natures—the dislike to betray. But this
amid mile be applied morally a. it regarded the conduct of
Mr. Smith ; it credit rot he allowed to be acted upota in a
cantrtonarti;l; there delicacy of teteitie meet tot operate. how-
ever it might be brought to leer in private. Who, for instance,
was tittle, that trid not held .I,llier in contempt by whom tenth e
was saved, and feel veneration fitr Pierr.• by whom he wit be-
trayed. -But the language that excites! admiration far Piert.. was
that of poetry. The LlDlrilge of the laws arid constitution was of
a &engem description. and is weitid not huller Mon of tremen
to Metaled delicacy. The Ho es!. must put out of the question
these fine timbr:, whet they were talking of hes and justice.
He would wake reery allowance for these reeling.; but he could
not forget that .Mr. Smith was a subject of a State to which lie
owed allegiance. But in giving int-firma:ion, was it roc wary to
bring down punishaneet oil tile heads or individuals who hid
hrobidee entrusted him with their setecte. He might have
given the infoneation on tee same way Met he hail ein-mil it in
his journal; or if he had given nanret, he might ham given
them unerr a selonn promise that no metre should be taken
against them. But did it never occur to ND. Smith to say to
thiwe slut callee upon him to arm, that he would put on apintual
armour, and were his country by checking the revolt with those
weatione? If he were the man that hat been repremmed, he must
have had that influence with the people that would have enabled
him to check the mischief that was issuing from all quarters, had
he gone forth armed with the pure argumentemf Christianity, and
with the zeal and deceits, that was conmicitous in many of the ful.
lower of it; but Mr. Smith did not do that. On the Monday he
passed the door of the Governor's house. Was it not worth a mo-
ment's pause for that unfortunate permit to have considered if it
would not hove been well for him to have mine in and told the Go-
vernor of the danger that surrounded him ? Would not this hare
been in accordance with his peoftesione of faith and the doctrine he
maintained ? He deeply lamented the fate of the individual who
had caused so much etscuasion ; hut he did not see that he either
deservol tinquelifiedmartyrdem or that tingealiticil censure attached
to his Judge.. He should Met-mere mete the prevent+ gee-Mon;
which coarse, if atiopteJ, he trusted would inn fare that the Howie
was lukewarm titwards the ieligion or the roustitution of the
country.—The Right Hon. (lend:mai sat down amidst the lotukst
cheernig.
'file cries of " Question" became general, and the HOMO
shewed Romig symptoms of impatience. when__
Mr. DENMAN rose to addrese it ; but the lion. and Lenmee
Gentleman was at last permitted to proceed, whim he observed
teat he never telt greater emburramient than on the present °cum
ohm, in risir g to fellow the Right Hon. Gentleman through a
speech that had been marked by stretenian-like wiseam and elo-
quence. It was sonderrel, he obeerviel, that the course which
had bee" pursued toe sole elr. eenith 'Moshe have been con-
&noted by all the Lesser. who hel spokes on the subject, and
even the SI Misters of the I. _own hal so strongly felt the injustice
of it, that tire), had annulled the sentence; and set the House of
(en:mimes were to be pwedaded from passing a condemnation
upon h. If the anradment had loot fulfilled, his lion, and
Learnei Friend would net have brought forward his motion ; but
whenit was only annulled co:melon:My, and the man ordered to
be hanged, and the sent nee enlyeenunuted m trentoortation out of
compliment to the Court .Martial, he had no alternative left hut
to brim( the toying iteueece • mere the House. The lion.
wed Learner'. Gentleman. to a mom eloquent speech, adver rd to
all the tremeactione connected with the subject, and concluded his
seeress to the House, which we reties, lament our limits prevent
us front gving even a faint outline of. in consequence of the
late 110tir at which he rose, by giving his cenliai assent to the
motion.
Sir JOSEPH YORKE was rot so stupid as to detain the
House two minutes. As a petty juryman he should acquit Mr.
Smith. In the case or Home T00%f., the present Lord Chan.
cellar, when Attorne)•-Getiml, occupied nine hours to attack him,
and the witty observation of a bye standee was, that they would
there:ore be acquitted. Ile thud not admit the brilliant apology
if the Foreign :secretary of State, and he thought the bloody re-
cord of Mr. Smith's conviction should be erased front the kande
of any Goon of honour or or Justice. (Loud cries of •• Question.")
Mr. BROUGHAM said, situ Mc support he had rem:veil from
all nten of all parties and views, he could see no opposition to his
motion; because that motion was founded in truth and justice, and
the sheer love of country. From the other aide of the House what
had he ? An 441111.istioll oi guilt, and a plea of mercy towards
• the Court-elartine tit t agaiiist Mr. Smith. (Hear, hear.)
The Attorney-Genera would lam hum met the question on its
merits, but all who had spoken. iecluiting the Right lion. Secre-
tary for Foreign Affairs, it ouiti confine theuetelvee to misprision. No
one said that el r. Smith hail a guilty Imre ledge of the revolt ; all that
was said was, that they all had un impression there was something
wrong which wits not counnutiicated by Mr. Smith. Then the
guilt of Mr Smith was all euppostel, and yet this Government el.
lowed the sentence to remain unenntelcd. (Hear, hear.) English
law is out of the question ; it wituld net be endured. There could
he no capital conviction according to our law ; and then the &c-
-omers of Mr. Smith mooed to Dutch law. -Let the excusers of
Mr. Smith rely upon it--and that also could not subject Mr. Smith
to any clothe) punishment. The court-martial had no jurisdiction
over Mr. Street—they usurped an unlawful authority—they had no
jurioliction—and yet it was necessary m :thew • a justification in a
Oneign law to warrant the viukition of that, which was admitted to
be unknoen to English law. By the Dutch law there was no
power to try by courtortartial--by the English -law alone
Stehlt WAS St) tried; and it was admitted that that court
which tiled lien was elegally appointed. In fact, the Deputy
Judge Advocate on the trial wholly retorted to thine Dutch
r authorities. 3lr. Justice Blackstooe, and Mr. Phillips is cal.
deem. (Hear, hear, hear, and a tangle, 'But then, whetice
came your punishment ? whence your authority for inflicting eine-
(Rl for misprision ? His Honountele and Learned
Friend (Me Attomey-lienetal) must be on one or other of the
Ivens of a dilemma e jurisdiction was claimed by the English law,
the power to punish by the Dutch; and such was the solemn law
by which an Eirglishinan was to etc capitally convicted and sen-
tenced to 'heel: ! Ile had no wieh, at encl. an hour of the morn-
ing (two of k) to drag through the 'louse argument, drown from
Dutch law or linglieh law, for lie knew that cutter eve was tot a
taveurite topic of discussion at such at time. Ile rem cited the eto 1
mace of his Herourable Friend, the :Bendier for Peterborottgle!
but he hut the advantage of being well succeeded by the Hight
Ho-mutable the Fortiem Secretary of State, she ventured opinions',
without knowing anything of the rules of eveletice, while
hie Honourable and ',netted Friend came to the House know-
ing little of the subject, (hear, Irene) and SO did the Right
lion. Seal wry. But he (Mr. Brougham) considered that left-
handed ieterniation, half-blind infomiation, wee telly better titan
none at all ; aril that none at all would have bred better than im-
perfect information. If Mr. Smith luul interfered, he would have
been suspected; and he (Mr. Brougham) was not eared:eel that he
re maned quiet. Every one knew as much as Mr. Smith ; they
knew it as well as he knew that he was speaking in the House of
Conutums, with candles lighted, in un arntosiere which few
liked, mid while he was talking on n subject litany (lid not wish to
hear. If Mr. Smith had gone into the field with his Bible in his
hand, he oonlil be laughed at, he would be scorned. as he was
beture ; and, it he had done so, he would have been branded as he
wars with the name of felon, and rendered himeelf liable to all
the °blurry anti misfortune to which hie name was since subjected.
It was said to be an injustice to accuse the court ma-tial of miscon-
duct—nay of ntunter—for of murder they were amulet! : he saw no
such Injustice te either accusation—either and Melt were equally
well reunited. The ehject of his motion was only for cemetre. The
law was violated and injustice perpetrated ; let tnom whotlid not be.
it, nject the motion ; let those who thought otherwise, signify
the Name by their tote. In the ease of Sydney what was done r
Did any one my, be kind, gsntle, and peaceable, ooly a man
urdered ? (Here) Good Good ! was that the case in the affair
1,11 ,t Sydney ? No. Thea let this House be kind as the Court at Dee

mccars, era Christian -like and forbearing :is in tLe ease of Mr.
Sinith, as they were it allied on to he. I licar.) The writing of
Sydney was not sworn to, neither was that of Mr. Smith. lie did
not mean to pursue the parallel of the rases, but there was a atrik-
ieg parallel in their situations. The law in each twee was wrested
against Sydney and against Mr. Smyth. Sydney had justice
done him at a later penal. Ard was Mr. Smith to haeelione paid
Ito his trernory ? (Cries of hear, hear.) lie (Mr. Brougham)'
rather wished a direct repoice than the mode proposed by %h.:
I non. secretary for (7ohmial .% filters.

31r. 11l 1.310 T 1101iTtlR— said nothing as to what I
should primose.
I Mr. IIRO!'t ill A M did not exactly undmrand the distinction I
; taken be the lion. Secretary. lie (Mr.llroughsm) had his
infra-
m::tion only from the. ordinary channels of communication—the
pudic nes snalwrs. After all, however. the decision of :his question
Involved the wh..le question of missions and missionaries. sane-
, tinned by ,his f:overnment t and the good pcople of IVernerara said
they wonlii do ell the conld to revert the extension of either.
. ( (:nes of •• I ear.") Mr. Smith (lied the death of a 'martyr ; he died
not invoking imprecations on his enemies, but praying fm the ter-
: giceness of his persecia,.l,. (Hear, bear.) Speeches In this House
would do 114..2, pur:icularly when there was half-defence, half.
charge-11311.actittittal, and lodr-condemnation; but the claims of
Justice should be paramount. although we might allow the
. Demerara people to trAmple over their negroes. we should 'thew ,
then" they were to be ruled by the parent country; we should
show them teat hAvertr they might by their misconduct dis-
pace all lute and all humir.ity, that this English House of
Commons. howev:e fallen away tmm its good old habits of calling
crime, crm murder. murder, howsoever and by whomsoever
: per p.nrared.-1 say s e shew the 'ourt- M tartlet, the Colonies,
ant. the stv7l.l at iargc. when an opportunity was altirded us, we
were tlettorrui.led to r, i Y.. our falleu fame by an act of honesty,
' nod to frighten or taansb,a ilory by an act of pious, and, !must
add, of no:aviary jttmticc. ((•hccrs from House.) all sides of the
j
',the I:acres:4 of the hum. (three o'clock) at which the lion. and
I,zurued lientlenina cor.cluticd one of the most brilliant replies ever
; uttend ti.e wails f l'Jrliament, must excuse out only giviug
a outline of.
flie. House then di viticd—
For the motion
Against it .
lig
1;13
31,lorky against It . —47
The other Orders of the nay were then disposed of, and the
I House ailiour.el at lIALF-rAsT 'll4itEE OTLOCIL.

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