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London, England, 1824-06-02 00:00:00

pis life; in his ease the more necessary, because he was labouring I
under a disease, which in the course of years would have closed his
moral career; but with the most indecent haste he was dragged
from his house, and shut up fur many months in a pinee where he I'
was exposed to the sun. Ile was afterwards changed to another I
place, only fitted for the purpose of greater torture. Ile was ap-
prised by the officer, under colour that its martial law prevailed he ,
must become a soldier, and for his refusal to become one he was '
ostensibly arrested. His papers were mized ; his private journal, I
Intended for no mortal eye save his own—this ton ane seized ; he
as. thrown into a prism, and there kept till the revolt had wholly
wthelded. Oovernor Murray writes to the Secretary of state on
the 2Gth of August, and on the 30th tuatara were all perfectly I
quiet. After the 23d every thing was tranquil; and the Colony,
barring the apprehension of a relapse, was in a state of complete
repose. Martial law, however, was proclaimed on the 9th of Au-
mist, and was continued for five months atter, until the month of
Fibril/try. Mr. Smith was confined in an unwholesome dungeon_a
WWI of Barret, from August till October, when everything was
quiet—when every pretence of danger was at an end—when only
the most s,,mote risks of a relapse could be expected—and yet such
was the time when a minister of the (impel was tried by a military
court-Martial. Before I look to what was done at this court-mar-
tial, 'let me entreat the attention of the House to the foundation of,
the charge, and its varioes sceompanimente. I ask under what
law the I. ourt-martied sat to administer justice ? It is answered
that martial law prevailed, tend was to exist till after the Court
was dissolved. in this country we have no such thing ; though in ,
bad times I admit had. Formerly the Crown exercised the power
of issuing proclamations endowing military tribunals to try civil per-
sons, and for civil offences. And it is not a little remarkable, that
the nearest precedent on this subject is the proclamation of King
Philip and Queen Mary, stating that all persone having Protestant
books, and not surrendering thou to the authorities, to be tried as
lac rebellion. Similar proclamations WeTo oceesionally issued in
the reigns of Queen Elizabeth. James the First, and Charles the
,First. -Bin, out of so unbearable an evil arose that celebrated pe-
tition of right, which is the best legacy be-gee:ether' to ua hy.Lord
Coke, and to whose memory we can never pay sufliciert gratitude.
That petition declares that all such proceedings should be prohi-
bited and put down, and that the old common law rights of all his
Majesty's subjectsshould be restored to them. Since th t period
no such thing as martial law has been recognised in Englatui, and
Carets of Law have decided in the same manner. In the time of
Cairene I. a great witiention trek place, inasmuch at none but
military offenders and td' :aces were tried by military tribunals.
What have we now. la me ask ? NVe have a standing army,
which at the time I am speaking of would be called a solecism in
linguist. After that mitigation tame en annual Mutiny Act.
This Court Martial could only eit under that, and only soldiers
tinder that could be tried for military offences. I shall not go into
niceties or distinctions on this subject, because this caw does not I
require me to do so; and I only make the olwervaean, in order that
persons who speak after me may, If they think proper, advert to
that topic. If any one tabs me that upon this there is one law for
England and another for one colonies, I must deny it. The Crown,
in the exercise of the Royal prerogative, has no right of importing
the vices of other ronstitutions into its colonies ; for if the Crown
had the right, only see to what it must eventually lead. The Crown
might go from Atrica to some attic savage Wends in the Pacific,
rind r.ding there perhaps that the mon-yards of the great were pared
with human heads—that skulls were used for bowls - that tomahawks,
were more sacred as they were the instruments of greater cruelty—
the Crown might naturalize all these pruners into one of our colo-
nies ; but would any man say the Crown had any such right ? It
would be monstrous to think of it for a moment. Nothing m-
any to the rights of a British subject could or ought lobe imported
into any colony obtained by foreign conquest This Cana, how.
ever. sat as a military Court-Martial, and the Covernor and the
members composing it were altogether estoppel front pleading that
they acted under the Dutch law, whether they knew it or not, for
tney frequent'? referred to our Mutiny Act. Mr. Smith, then, was
toed by a military Court-Martial, and he was told by Governor
Murray, " all the better," as there was less chance of prejudice
operating on the members of the Court. Now this I deny; I say it
would have been " all the better" for Mr. Smith to have been tried
before a Civil Court. and according to the forms regulating such
trials. In the first place, Mr. Smith would have had delay, which
in a case like his would have been of inestimable advantage ; for I
understand, according to the proceedings under the Roman law pre.
sailing at Demerara, that they are very complicated. that months
must elapse before any decision amid take place, and that at every
step the accused has a chance of escape. All this, however,
life. Smith was forced to abandon, and be was subjected to trial
by a military court martial. Upon the subject of the admissibility of
receiving evidence from negroes, quasi negroes, or slaves, I place
little reliance, because I understand it to be admissible at Deme-
rara, though not ordinarily tendered or used. To Mr. Smith it
seck peculiarly expedient to tender such evidence, as I am given to
understand, that before their public examination in Court the ne-
gmes or slaves undergo a previous examination, alter which it is
decided whether their evidence at the trial shall be received or not.
However, I pass over this, as there may be some doubt altont it;
I rely for my net on the strongest and most undeniable testimony.
By the civil law two witnesses would have been necessary to esta.
bath melt 'specific charge; and any man looking at the evidence
'Maw are what the evidence is ore which Mr. Smith was pronounced
guilty. But, last of MI, seethe advantage of being teed by the
coMmon law, where he would have a learned person to try him—.
a Chief Justice, acting in the face of the BM of that enfeny—aye,,
sad (edam Bar to which he belonged—to which he might return ;
and to whose judgment, if he had the common nature of a man, he
must look as deeding upon his conduct. The Judge would act In
the fleet of the world—he alone ruling what evidence he would re-
ceire. and he alone responsible, in his professional character, fur
hia judgment. Before such a tribunal the chances were that justice
would be done. Now let us look to the tribunal before Which Mr.
Smith was tried? I find that the Chief Justice, under the name of
a Lieut.-Col.—that he was nettle an officer of militia a day or two
before the court-martial, to enables cleft law Judge to sit as a mi.'
litany oilieer ; and no doubt he must hive been placedin that litmus-
tier fly compulsion. Martial-law being established, the Chief
Justirelesas bound to hide his civic robes under the military armour
of that day, to set as the Ald-de-Camp of the O overnor, in order'
to exercise the mixed jurisdiction of lawyer and soldier, and to
allow every breach of law, which lie did not, because I suppose he
could not prevent. After this mockery as to the constitution of the
Court by which Mr. Smith was tried, I come to notice the conduct
of the Judge-Advocate, who was never allowed to forget that he
stood between the Court and the prisoner, for, in fact, though
nominally the prosecutor, he was in this case rather the aggressor
than the prosecutor. I might on this subject appeal to you, Sir,
who have for years filled this situation with sa mach credit to
yourself end humanity to the army ; but I shall waive
that, for I can appeal to the authority of a Revetend Judge,
whes wrote about the middle of the last century, and who said,
that whenever there was a doubtful point, they should incline to
the side of the prisoner. This, however, was not found in the'
Judge Advocate at the trial of .Mr. Smith. Two assistants were
appointed to him, and urged every topic with a degree of vehemence
and mus(sjrneaa, sach as I never yet saw attempted. The Judge
Advocate concealed the charge, which was so drawn up SS to give
no specific points which Mr. Smith could meet. It was shortly,
vrigubly, and obscurely drawn ; but not so much so, no, not by one-
half, as the opening speech of the prosecutor, tehich occupies about
half a page of these minutes, while his reply occupies 18 closely.
printed pages, after the mouth of Mr. Smith had been tied up and
closed. 'Then was fully let loose all the subtlety and vehemence
and unfairness ; then topic alter topic was twisted against the mo.
toes of the accused; then new facts were stated, never hinted at
oc alluded to during the whole of the al preceding days. Am I
then not right in saving that it would have been all the better for''
Mr. Smith to be tried by a Civil Law Court ? As to the members
who formed the Court Martial, I am inclined to say little, but I am
glad that one individual refused to be present, though entitled to
4se so by his rank. I shall my nothing of the officers of the West
India regiments. (Colonel laevies here suggested to the Hon.
Iffenther that they were in the British service. t My Gallant Friend
ingests to me that the officers of the Nest India regiments
are in the British service. No matter; be that as it may,
I SWUM help thinking that officers reading in the West
led.es must, like ()theca having properties thee •• be under some
degree of alarm; and of them I shall sty nothing. But why,
I ask, was Mr. Goodman appointed the President of the Court ?
Mr. (Madman, besides his military situation, held another office,
which gave him a direct interest in the sale of slaves by auction.
Ordy three days b:.ore a large sale of nemeses took place, an event
elating* great degree of sorrow in the breasts of those unhappy
penmen, wl were torn from their families and connections, from
the plates of their birth and residence: 08 of those unhappy nee.
mow were sold. and every adeerneeemest of such wiles here the
name of S. K. Gunanian at tire bottom of it. I hold in my hand a
number of 'etch advertisements—where mothers with their children
and unmarried women, and old and ymng men are advertised for
We in tots (tor I must speak of them in that ways), and in all these'
rates Mr. Goodman hae • three; itemise Ido not mean to any
that he was warped from the discharge of his duty on the court
AUSZLiSi by any emesideration of this nature; lie had however an in-
terest.: In continuing these abuse'. which tike place in all transfers
°idioms, and I think he was the very last nein who should have
been the President of the Court. The t Justice was also a
member of shit Court, the only ietlis Wee' to whom Mr. Smith'
ca Id appeal for redress if wronged sby die court-martial. To
whom but to Mr. Wray could Mr. Smith appeal, and yet Air.
Wray was prevailed upon or compelled to he a member of a mill.
tarp eosin inertial. Now one word more as to the jurisdic-
tion of the Court. Suppose I admit that in a case of preseure—
of tionstened invasion or telieliten—where there is no tune to
wait for the slow and cuinlemns operation of the civil law—sup-
pose i Oath, after prnelaniatien is issued, that a military court-
woutial may try military torn fur military offences, then the justifi-
es:lm tor such a tribunal is in the necessity ; and the moment the
menseity ceases, the right of the subject demands that such a mis.
ehief should be put an end to. It was a "Oleic:it calamity that the
operation of the civil law was stopped during an emergency; but
beyond that no man would atll not that it should be continued.
Martial dew was continual Per live month", though the revolt was
quelled in three days, so that the was perpetuated which coutd only
be
,jiteutied during the existence of an overbearing tenacity. Mr.
Snitch was tried as a soldier, and I put it &hie way, that martial
law bring proclaimed, every man was considered a eeddier ; butt
the very imitate the necessity for his bring a enklier enamel,
le (mimed the rights of a common citizen. The Estes was
placed in • dilemma, fur it either sat as a military tribunal
daring a pressing necessity, or as nun not in such a sites-
von. Now here it is clear that no necessity existed. The
'reclamation declaring martial law should hum b. en revoked
ekes the exurity of the colony was establisherl ; but the plain
Mot is, that martial law was contit ued to the conclusion of
the Pia, for no ether purpose than so jellify, or either legalize,
their proceedings. Now let us look to the course of the procrea-
tors, which f can shew to be of each a kind, CS not to be justified
ell any principle of law, even if there were no objection to the juease
. liaise of the Court. Item I beg leave to observe, that the minutes
Wire the House do not pertain a full account of the proceeding..