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London, England, 1826-03-03 00:00:00

vantages; but here, according to the documentary testimony
of Colonel Cox. the trials were had without any formality.
In one short tropical sun, these unfortunate men were put
on their trial on a charge of conspiracy, without any opportunity of
defending themselves ; and before that sun went down—before it
sunk below the horizon, its light had faded to them for ever. On
testimony such as none but one not in his senses would have lis-
tened to, undefended. unarraigned, untried, were eight men con-
signed to an ignominious death. And why was this, lie would ask ?
Why. but to gratify the headlong impatience of some who were
labouring under a certain amount of apprehension ? Was the
Horse to look over this ? (Cheers.) %I as it to pas by such a
proceeding, feeling, as he knew they all felt, and say nothing
for fear of reflecting on the constituted authorities ? (Cheers.)
He regretted to say that neatly the name thing had taken
place at St. Leon and George. The House would negh.nt its
duty if it (Sid not give a proper attention to these affairs. He
thought the Governors too higaly culpable for not having with suf-
ficient 6emneas interfered : they should not have lent themselves in
a moment of alarm to the, weaknesses of others, particularly to

whet was so irrevocable an this.
Mr. Secretary CANNING said, if the Honourable fiendeman
who last spoke would not sulker the question to pens, without recall.
ing all the topic+ which had been before discussed, neither could he
consent to acquiesce in even part of the matter of the resolution
without re-mating that he did not yield to him any of hit general
sentiments;. and. if he differed from him at all, it wan on grounds
or a much more limited nature. Ile thought, from the Hon. and
Learned Gentleman's own showing. lie could hardly expect his
consent to the original resolution, for it conteited one sweeping
charge against those who wete in authority, anti who had acted in
conformity with the law. Ile wan ready to admit that negroes
blond had been shed under et mile of laws which it was every way

-....-.
desirable should he altered t but the original resolution did not so
moth effect the alteration of those laws as it reflected on the con-
duct of individuals. The amendment of his lion. Friend was
not liable to this objection. Nu one could object more than him-
self to say code of laws which provided one description of trial
for the negro and another, for the white ; in that there was
undoubtedly much cause for complaint. Some reference had
been made to the condlict of the Governors, but it should be
rnmeinbered they were acting in India as the King in England :
ft was true the power of mercy was invested in them, and they
might have stayed the eitee'ttions ; this, however, was a matter of
such delicacy, and must be stewed as so absolutely a discretionary
power, that he would he the last to Interfere with it. The Judge,
too, who ordered th‘ executiEn had been complained of; but they
possessed tho power to do so as the law now stood, and the evil was
eleerofore attributable to that alone. So far as the resolution sug-
Keyed an alteration of the law he could support it, and with
this view it was he felt hMnaelf bound to support the amend-
ment. In the general prine''.plire which bad been advanced by the
gentlemen on the other side ho wholly coincided, anti if he objected
to the resolution, it was only to those parts of it which contained
rreticular reflections on the executive to which he had alluded.
Hieing fairly stated the objections, he could assure his Honour-
able etd /seamed Friend that had he been made acquainted with
the reaolbOon, he would have suggested such en amendment as lie
had no doubt Would enable tn.l. House to conic to an unanithuus
decision upon the question ; 'but having had no such commu-
nication made to him, lie and his colleagues, as far as the short-
ness of the time 'mold allow, concerted in framing an amendment
to express their views of the case, and what they thought fit for
Parliament to decide upon. Ile would have thrown no opposition
in the way of the resolution, though violent in a degree, had it not
contained a proposition in itself untrue, as lie was anxious not to
depart from those principles which Were embodied in the resolutions
of MA lie did not mean to say that it was prudent to pass such
resolutiolu as would satisfy all those feelings s hich were ex-
cited by the agitation of that question, nor such perltups as
would otirely meet the justice of the case; but such as under all
the peculiar circumstances would have been as effectual as a specific
censute. (Hear, hear.) It would avoid all difficulties on the part
of Parliament, to declare that they saw in the late proceedings in
the celtmles, further proofs of the evils inseparably attendant upon
slavery, and derived therefrom an increased conviction of the ne-
cessity of adhering to die resolutions of 1021; but that they could
not see the propriety of censuring Mecisioosaiven by established
tribunals, when those decisions were in conformity with the law
under which they acted. Had the resolution been to that effect it
would have his support ; but with those sentiments he would have
been content to close. He was anxious to see full, effect given to
the resolutions 'cf Parliament, as he thought them calculated to
work beneficially upon the colonists, and to quicken those feelings
which prevailed among all who entertained an anxious desire for
the safe and gradual improvement of the whole colonial system ;
but he could not agree in a resolution which went to impeach judi-
cial proceedings, Which, however improper, were sanctioned by law.
lie was most anxious to record his sentiments as not tlifferipg from
the general principles laid dew° by his Honourable and Learned
Friend ; but that he did not think it prudent to establish pucks •
precedent as the original resottition if passel, mat establish. It
was to avoid the mischief of such a precedent that he objected to
the originM resolution. And whstever he might think of the
moral atrocity of the decisions, lie could consent to nothing more
than to putting a check to guilt act, in future without establishing a
dangerous precident.
Mr. DEN MAN eahl it was no fault of his if the Right Hon.
Secretary had not seen the resoletion in time to auggest any altera-
tion as lie had Shorn them td many. Honourable Members. It
was no fondness for his own composition that made him adhere to
the original resolution, but a desire tb see the colonists brought to
their duty by the voice cf Parliament. In justice tease Hewer and
the country, he could not consent to the proposes! alteration of the
Right Honourable Secretary. Whatever deficiency there was in his
manner of bringing the subject before the consideration of the
House, had been supplied by the talents of his lioniturable Friend,
t Mr. Droughain) and even more fully supplied LI the admissions
of those Honourable Members who had opposeu his resolution
They had not attempted to justify the proceedings which it was it a
object to condenn; on the contrary, they had joined in the cuti-
cles:lllation of those trials,
.if trials they could be called, and
lie only asked to have those sentiments declared by Parliament.
The difference between him and the Right Honourable Secretary
was reduced to a narrow point, and he could not see how those who
admitted the atrocity of the judicial proceedings in Jamaica could
retake to give effect to the adn,istiion by the vote of Parliament, lie
had a right to ask whether there was any thing in the law of Jamaica
which required the hasty and precipitate proceedings which were the
subjects of discussion. 11'as there any thing in the law of Jamaica
which compelled the wife to give testimony against her husband ?
He would ask whether there was tiny thing in the law of Jamaica
which would saoction a hasty trial, without the opportunity of de-
fence. He could not think there was any thing in the law there to
werrant such a perversion oft justice. If the common law of Eng-
land were the law of Jamaica, lie could state that such proceedings
were unjustifiable. He had said that the wife had been adduced
to swear against her husband ; but it was contended that wife does
not mean wife there, any more titan that law was law, and that
unfortunately was not the case in Jamaica. It must be clear that
if the common law of England applied to Jornaica, the law was
violated. ?Ids resolution only stated that such did Woe place, and
that they had taken place was not attempted to be denied. Ile
thought the house would shrink from* Its duty if they refused to
pass his resolution. The Judges had hastened to a conclusion
which was a tiNgeace to any tribunal. The Jury he thought the
least censurable; but he could not qualify his censure of the
Governor, when it was plain that no inquiry had been made by him
before he signed thearaerant of execution. %Vhat would be thought
Of the Right Honourable Secretary for the Home Department if he
had consented to the execntion of a convict whose case was doubt-
ful. without knowing that he was securing justice ? That par-
of his resolution was condemned which went to declare the neces-
sity of an immediate and effectual reform in the administration
of criminal justice in Jamaica, and the Hon. Gentlemen opposite
had maid that the fault was in the system. Was it to be endured
that unjust sentences should be passed, and hasty executions follow
and all this put down to the salient ? There was no security for
the impartial administration of justice in die island of Jamaica;
even the presence of an English nobleman, who ought to check the
wrath of the rabble, was no protector to the unfortunate place.
That nobleman had incurred no censure from the House. Unless
immediate and decisive steps be taken by Parliament, the system
Weald go_ on without any prospect of remedy. The speech of die
Right Hon. Gent. opposite (Mr. (Whom) laud surprised hint ;
that Right Hon. Gentleman had said that if formal justice hail
been done he would not consent to go into an inquiry. Whether
substantial justice was also done, would nut the Right lion. Gent.
inquire:into the case of four persons who were codvieted
and executed upon the testimony of a witness whose infamy was
known to the Government of the colony ? Could the House refuse
to censure such procedings, when the consequence of such forbear-
ance might be a renewal of the like atrocities ? For his part lie
thought they deserved the censure and reprobation of mankind.
What would be thought of any tribunal in England who tried and
convicted under similar circumstances ?CHe regretted he could not
adopt the suggestion 101 his Right Honourable Friend the
Secretary for Foreign Affairs but feeling as he did upon
the subject, and convinced as he was of the atrocious con-
duct of the tribunals which condemned the unfortunate wretches
in Jamaica to death, he thought it his duty to the House and
to the country to persevere in tal:ing the sense of the )louse upon
his Resolution.
The !loose then divided, when there appeared—
For the original motion -
Against it . . . 103
Majority -—4 O
We understand that upon putting the amendment, which by the
shove division hod become the original resolution. Mr. Secretary
Canning, at the suggestion of Mr. Brougham, consented to with:
draw the latter part of it, commencing with " but that, however
desirable." &c. &c. It was then put and carried unanimously.
The House adjourned at HALF-PAS: TWELVE O'CLOCK.