The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-03 00:00:00

brewnu ben he heard complaints of colonial injustice, he
""n• ne" 10- t pemmen of British injustice; he wished to stitiw
1116 la
tively modern times that our law had
ten it wan not al
_ras
hence those emendattons which liberality prescribed. lie
w°11:1-en'enretus in all he had said to show that the points of rigree.
rent as well as of.e.rnedseperitkierien exih.ted
hbetween.
hedhim and ;this
it %treble and I
•nn n opposee, e wis to ste t e
t
moral man, and not as a block man : but he coald
as
with the grow charges which had been made against
se who had been concerned in those hulictal proceedings.
'nit. W. SnIITH said he was perfectly aware of his deficiency in
',nal knowledge, but he thought he cnnld perceive that certain
" • tonnes made by the teamed Gentlemen opposite would lend
clunons different from those which they had drawn. Ile was
.1,7. hear the Honourable and Learned Gentleman (the At.
ranny.General) reprobate the system as he had done.
The ATTORNEY-GENERAL *Aid that the word be bid
esei eat law, not sown].
Mr. IV. SMITH. :emoted to the House whether the lion. and
'Lt ahve t eel mian had nut needthe word system.
The SOLICIT( OIteiENER.eL said that his Honourable med
Lamed Friend had implied the word system to the slavery in
&lee. and no: to the conduct of the trials.
- W. SaliTil 'Mid tit it it onceded that the jurors, although
ie unexceptionable at to honesty and integrity, yet laboured
•
.„u p
i peat prejudices. tces. He hoped 'wend not misrepresent tie
thee eof the lion, and learned teentlemati, and if not ho es.
of to wipe a mond interraptioti. The lion, and Learned
Vietherm. had mill if they judged according to the evidence why
• etin them? In his opinion they did not judge according to
ereeice, and part of this was hearsay esidenee, coming at
„one 311 J Mild hasd—a fact which alone proved the necessity of
ern, refurrnstion. What a. &emu is this country brought
late when the laws existing in the tnon:es reflect disgrace on the
weneeneire; but when going to alter the laws we heard a voice
iron the colonies terbidding Any interference. The reformation is
at an! we paatparleti, nor were we told how equity was to be
secured in the intervul. There wan hut one controlling power in
the wall wierh could serve art equal idininietration of justice,
that ass poetic opinion, and the free exercise of this control ought
to to extended to the mimics. But in whatever way this
question might he Mistimed of, the discussion would be pea-
denive eit ; it would open the eyes of the peopsa,
and are them that those who heti been accused of mislead-
leg then Lad ant aavanced • won!' more than the truth.
A 3 lion. Member had said that the emancipation of the alalraa
~load not he tirstily brought about, because it was a subject con.
nected with religion to a certain extent 3 and it was commanded,
that the hristian religion should work its way slowly. %VOA the
(lent. prepared to admit that Innis was now in the slime state
in which nations were during the remote ago ? Indian eherery,
however, was not the (Testate of those times; it was a fungus rather
of the In thirty-five yenta Under all t' e circumstances be ahoultl
minor: the mime's; trentitlon.
WILSON thought his lion, and Learned Friend was en.
tined to great peke for bringing under the consideration of the
Hoer •It: Criminal Jurisprudence of the Colonies. The Attorney.
Gunnel had objected to the resolution, because it involved a con.
Inltre on the ilaelstrates and (governors; hut it was for this very
rearm that be felt himself meet imperatively called upon to sup-
port it. He eensueed dime individuals, not because they had acted
erroneously in etherlience to a law which was in itself criminal, but
begat: se they hail violated that law, bad as it was, and had done that
se.hh was alike contrary to common feeling and justice. In tole.
rente to the law, what world the House say when he informed
theh, that in the year Igo Jame sunpann was tried at Kingston
Er hawing violated • negro girl only ten years of age; the
. Crown took exception to her evidence, first, on the ground
that she was not a ltdman being, but merely a chattel;
and. secondly, beeline the evidence itself of negroes was not
by the law of the colonies anmistible. The opinion of the twelve
]edge. was then required, they decided that such being the
law of the land they were compelled to subscribe to it. To the
credit of Government, hnseever. it came to a different conclusion.
I WA proposed to 'Nit on' this measure, and they might postpone it
for a while, but be ousted the period would mein anise when every
man would pram the attainment of that most desirable object of the
reselatine, the emancipation of negroes from slavery.
Mr. GOI:LBURN had not meant to have made any observation
or the question before the linnet. He hail been induced however
to rise by the conerionenese that no one of these who had addressed
them was Immediately enameled with the colonies. Having lat-
terly become possessed of some property in India, he considered it
his duty particularly to observe. in behalf of the colonists generally,
that they felt as others felt on this qnestion, and thin they were
most anxious :o disciaim eny other feeling than that of reprobation
of the muneetion to which allusion had been made. (Hear.)
There was nothing that had fallen either from the Attorney. General
or the Gentleman opposite (Hr. Denman), with respect to the
mode of trial, or the nature of the evidences or the law itself,
with which he did not heartily cielneWe ; but he objected
entirely to the resolivinn which had been proposed, on the ground
of the • inference which it suggested. It Involved the diminathat
cf men who aped in a rate of society very differently constituted
front that in which we lived t of men too who were operated
upon by fest, and tint fear which was most calculated to
leal men astray—an apprehension that all they poseessed of
property was at stake. Was it to be wondered at if, under
these circumstances, they were found wanting aemething in
eiscretion ? The proper question for the House was, not
how to apply a remedy in ehe temporary evine-not what would
effect • mere transient good, but how they could relieve the country
free a bad system—hew they could best affect that which would
be productive of euential and luting benefit. The teue question
was that comprehended in the reholution, where it desired the
amelieration of the condition of the slave, in order to tit him for
after emancipation. The Honourable Gentleman foe Norwich
bad mid he was anxious to content the conduct of the Governors
by a derided expression of public opinien. Ile coincided with
this wholly, but he vend not seem to • body of men being M.
merited by a resolution of that House, founded on the testimony
of documents bearing on the Owe of ttiem marks of imperektion.
He would ask whether, after what had taken place, any
man residing in the Colnniee cou'd, for an instant, doubt what was
the opinion of the House as to their pen:ceding'? Tht y must
observe that individuals most opposed on other questions, differing
mote or less, directly or indirectly, were, hi their opinions, on this
ttranimeus. All being agreed on this one point, he thought it to
be regretted that the Hon. and Learned Oentlrnan opposite should
ietratiuce the question. As to the jut:trial procettling, if the
liner once retnenistel it. they would filed they hail acknowledged
a principle which would be dengeroae in its operation, which was
not cenened to the Colomes, but which would equally apply to
sty warts of judicature. Ile was es anxion% as the Hon. and
Leonel fierieman, that • the opinion the licuse might come to
should be undivided; and though he could not presume to advise,
as a friend to the object they hod in thew be must observe, if it
were thought worth while te study the effect which might be pro-
d:tad by the opinion of that House, it appeared to him that such
opieion would be much more efficient, If all were agreed in it, than
it it were divided, ne of necessity it mast be, if the Hon. and
lesrned inentle,nan persisted lu posing the whole of his ergo-
!mime
eir. BROUGHAM entirely diffited froth the Hon. (lent who
nail joss sat down. If he could bell. let that the amendment which
had bent moved would send forth to the legislative and judicial
authorities of the Colonies the u lanimous opinion of the House,
that the whole of their system wee wrong and called loudly for ve-
lum, for that reform which it had been admitted on all sides was
naming, the absence of which had given rise to proceedings depre-
cated be all pieties. and which the Hon. and Learned Gentleman
opposite (the Attorney-General) had himself confessed he could not
defend—if the amendment were calculated to Effect this, he could
ent say he should prefer it to the resolution of his Hon. and Learn.
eil Friend, though he might not then entertain it towards that utter
repugnance which he at present felt. But the lesson of his enti-
rety towards it wait, because It completely got rid of the
question; the resolution contained proceedings undefended,
uniteuled, and, furthee, the groin injustice of which it was admitted
were undeniable and indefensible, were by this amendment to be
it not justified at least screened from the censure they so deeply
merited. (hear, hear.) Such was his opinion of it, that he for
one, if he should divide singly on it, 'should consider it his duty to
!klippen, to the utmost. the resolution of his lion. and Learned
Friend. What was the argument used by the (elm side? They
mid the fault was attributable to the system. Ile det not understand
exacta) what was meant by thin ; the trials, he elnerved, were con.
ducted an:online to the peculiar forms of law, but they were
told tee fault belonged to theeptem, and therefore it war
not safe to exerts' that npinion which all felt, and which no man
dared to distrow. The Attorney and Solicitor. Generals hail pur-
sued a singular course : thee appeared indignant that any !should
ruspec• them capable of saying anything in favor of these proceed-
legs. The Home was told to come to its resolution, but not to say
any thing ; they were to think as much as they pleased, but then
all who rose were to abstain from expensing their thoughts—they
were to make a polite bow—and lastly, not to support the te-
'done,. Why ? Hecense that would impute blame to all
those who, it was %thinned, deserved censure. They were
trill, too, that what was complained of was the law of Jamaica.
Was this a defence ? And the Attorney-General objected to the
manner in whirls the charge was made. mud the grounds upon
which it was founited. He observed. " Even in the ease of Smith,
the missionary, there was a better rendition ; there was something
more tangible, something more distinct t for here all thee had been
demo was legal—was in obedience to the law as it then stood."
But what said the Resolution of his Hon. and Learned Friend ?
It did reit deny that these transactions were, In a certain sense of the
word, legal. Whet it stated was, that justice had been violated
wider the colour of the law (Hear;—great and violent Injustice. Ile
had h •
ole douln, however. if the strict letter of the law had been
conformed to, the proceedirms of which they had to complain would
never have taken place. In St. Ocoee and Hanover parishes
thing% hail been arranged something better than in St. Mary's. In
one of these there waa a regular indictment made out, from which,
as at the lest named pinto this had not taken place, there was great
irregularity. Colonel Cox had written word that it was necessary
thenhat should have been great hnrry in the proceedings, in order
an many as twenty-five executions might take place. This,
then was he term of pence ing at Saint-Mary ; yes, this was
the meson given for despatch being necessary d He thnught
he Might, therefore, without any great want of charity,
without any impeachment mare than on the face of the documents,
lie was compelled to entertain and assert that there was something
Sarong in St. Mary. that that expedition which would allow no de-
lay, no respite. which rendered it necessary that trials, convictions,
W:ntencei, and execution% should, as many as' possible, take place
before the Christmas holidays, was a headlong measure' attaching
neinething arf dieerace to thane with whom it had originated.
(here wen other. impositions et these trials, mirk 1• which were
eugicienily pointed out by the difference of the proceedings
at Hanover, wham those tried had counsel and other ad.