The Sun.
London, England, 1824-06-02 00:00:00

- 44

what be should have thought would naturally suggest itself;
namely, to promulgate the instructions which had been receiv-
ed at once. This was delayed week after week, up to theperiod
of the fatal occurrences with which the House was acquainted,
and rio authentic communication of the instructions received
was made either to the white 'or to the blaCk'population of that
colony. The interval was six or seVesi weeks, the instruction's
being acted upon froin the 7th July; the revolt breaking out
on the Illth August. There were thus two points of alarm=
the whites being as anxious with regard to their property, as
the blacks were on the subject of their future fate. The ques-
tions asked by the latter, were, " Has any thing come nut for
us ?` Are we free? Has a paper been brought out with free;
dom in it? Is not the King of England our friend, and about
to make us free ? Is not the Parliament for us ?" Now it was
dangerous thus to talk of freedom in spcli a state of society.—
It was an opinion which he entertained before he had a seat
in that House, and which he still retained, corrected perhaps
in the manner of its expression, from his experience of men
and things, that it was necessary, as well from justice to the
White Proprietors, as from regard to the welfare of the Negroes
themselves, to maintain the present state of society in the
West Indies. This could only be done. by a than hand. No-
thing, in his judgment, was so bad as, a dark meaning policy,
which created doubt where none should be allowed to exist.—
It was justice to the Whiff's and mercy
oth
rlcyte Slaves—he totshelyßla_clshe n
Blacks, never
to'allow the former to *theist', 'Or the latter to hope, that 'Perlin-
meat would sanction the ernancitipati
their sudden, unjust, unqualifie ernancis:ation, inasmuch as to
do this would be Cruelty to the Blacks, and tinder the naive of
it would not fail to inflict on them the severest misery. The
course which he had described to have been taken created na-
turally 'and inevitably great alarM, and led to those distur-
bances Which all concurred in deeply lamenting. Mr. Sniith had
for six years officiated in the colony; his unnnpeached moral
character obtained for him the love and veneration not only of
hiS flock, but of others who were attracted by the propriety of
his deportment and the purity of his life:. 'The papers before
them contained only a part of the proofs whith he could offer
of the high character of Mr. Smith, but these were sufficient
for his purpose, as they established' Ihe fact that those who
knew him best esteemed him most. Mr. Smith was dragged
from his house about three days after the revolt took place,
when its violence was not only exhausted, but' when the
disturbance was substantially
.quelled. He was dragged from
his house without being allowed to provide himself with -those
accommodations which are comforts else Where, but which,
in that climate, became absolutely necessary for the Presers
ration of health. For him these were peculiarly necessary,
as' his life had recently been attacked in one of its principal
seats. He was, however, hurried with indecent haste to prison,
and there shut up in that sultry and unwholesome climate for
many weeks. He was then removed at a time, ,when his life
was in great jeopardy, to another prison, which was only
fitted for a place of torture, where he was exposed to the
damps arising from a piece of stagnant water. Mr. Smith.'
Was seized under the hollow pretence that, by the declaration
of martial' law, he was required to' serve as a soldier. If
from ignorance of the fact 'that this was required, lie had re-.
fused to 'serve, surely there was some excuse for his so doing.
Mr. Smith` as however hurried to prison, and his papers were
seized.' With these waahis private journal, part of which
was intended to be sent to his employers, but the greater
portion of it was intended to meet no -human eye but his own.
He was kept in confinement after the disturbance had sub-
sided: General Murray had written home, that on' the 26th
things were quiet, and after the 31st there was no movernent.at
'all. The Colony was 'thus, barring the possibility of a relapse,
as tranquil as it could be, and as much so as it had been' be-
fore the new instructions were sent out. Mr. Si-oth was
kept in prison fOur calendar months. On the 9th of No-
vember he was confined in a room called the' Garret, where
he was subjected to many privations, and it was finally re-
solved to bring him to "a Court-martial. lie called on the
House to pause, and survey as it were the outside of this pro-
ceeding. He believed it would puzzle the most learned mem--
bets of the Court to say Undef what law this was done. As a
laWyer, he 'could not understand how Mr. Smith could properly
lie tried before a Court Martial. He would not say, that in had
times there had been no example of the kind in England, but
he would say, that nothingof the sort had been atterepted Mace.
we had beets in possession of any thing that deserved tiie awne-
d a Constitution. Formerly, indeed, the Crown would, order.by Proclamation, that 'civil offence's should be prosecuted be
fore a military tribunal. The nearest precedeneffif-what lied
been done in Demerara, was to be found in the august and
liberal decre.: issued in the reign of Phillip and Mary, which
ordered to be tried before a Court 'Martial, those guilty of the
rebellious offence 'of holding
.heretical (Protestant) books
in their possession, and not giving themup 'to the Public
Authorities, without first reading them. Similar-proclama-
tions perbaps, but not so extravagant, were issued in the
reign of Elizabeth, in that of James the First, and also in
die time of Charles I. ; till at length the evil was thought
unbetireble ; and thence arose the celebrated- " Petition of
Rights," one of the best', if not the very best, of the legacies
left by Lord Coke, to entitle him to the gratitude of his coun-
trymen, The Petition of Rights declared, that all such pro-
ceedings should thencefOrth be put down, and that no sub-
ject should be bound in life or limb but according- to the law
of the land, " lest" the petition went on to say, " any of the
subjects of your Majesty should be put to death contrary to the
law of the land. Since that time martial law had not been used
in England, and was declared by
.the Courts to be contrary to
the law of the land. The' evil complained of, had been much
mitigated in the time of Charles, and that which the-petition
aimed at was to prevent military persons, and those connected
with them, from being brought to a court. martial for offences
not cognizable before a military tribunal. At'that time a
standing army, in time of peace, was riot known ; but when
the Mutiny Bills came to be brought in annually, certain
offences were made punishable by martial law • and mar-
tial law, as administered under the 'Mutiny Zcts, was all
that now remained of it' in England. If the proceedings in
Demerara were to be justified on the ground that they were
sanctioned by a Dutch law, he would answer to this, that the
Crown bad no right, constitutionally specking, from conquer-
ih to import into our Constitution laws which' were
unknown to it. Were this permitted, the Crown, from con-
quering one colony, might introduce the bowstring ; from a
second, the practice of paving court yards with skulls of those
who offended against despotism ; and from a third, the prac-
tice of scalping and the tomahawk. Were the principle ad-
mitted, these things might all be denizened in our Constitution
without consent of Parliament. But it was unnecessary for him
to dwell on this subject, as the proceedings which had taken
place professed to be founded on the law of England. The
Dutch
charged could not plead that they took place under a
Dutch law, as it was under the Mutiny Act, which was often
cited on the trial that they affected to 'act. Now, how did
this bear in the case of the poor Missionary ? He was tried
by a Court Martial, and Governor Murray wrote home that
this was better for him, as, had a different course been taken.,
he might have been brought before a more prejudiced tri-
bunal. He, however, had no hesitation in saying, that had he
been the accused, or Counsel fOr him, he would have preferred
being brought before a Civil Tribunal to appearing before
that anomalous Court to which the Missionary had been sent:
—ln the first instance there world have been delay, which alas
in all cases an advantage for the accused, but which, in a case
like that of Mr. Smith, was an inestimable benefit. The Ro-
man law, as administered there, offered many advantages of
which a lefendant might avail himself; and the proceedings
necessary to establish -the admissibility of slaves to give evi-
dence, if that course were taken, presented chances in favour
of the accused. By the rules of' the Civil Law, two witnesses
were necessary to each fact. Let any man look at the evi-
dence given on the Court Martial, and say if this would nothave
been of importance to the accused. Last of all, there was the
advantage in a trial by common law of a lammed person pre-
siding as Chief Justice, acting on his individual and profes.
sional responsibility, in the face of the Bar of the Colony ; and
under the observation of that Bar to which he went and to which
lie may- return, whose favourable judgment, if he retained
the common feelings of an advocate and a man, he could
not but anxiously desire. But the same individual took quite
a different character when he became a memberof the Court
Martial to qualify him for which, he some days before had
taken upon.himself the rank and state of Lieut.-Colonel of the
Militia. This was done for the express purpose of enabling
him to sit on the Court Martial. Coming there partly a lawyer,
partly a soldier, he saw all those forms broken which, surround-
ed by a Bar, and administering justice in his black robe, he would
not have failed to protect. Passing from this mockery, he came
to another. The Judge Advocate, who, 'on thes.' occasions,
was said' o be a prosecutor, was still generally regarded as
Counsel for the prisoner. It had been laid down by a reve-
rend Judge, in the middle of last century, to be the duty of the,
Judge Advocate,' when a case was_ doubtful, to incline towards
the prisoner,,' ',He was sorry to say he saw nothing of the kind

in the Conduct of this Judge, or of those Judges he might say:,
They displayed all their parts to oppose the accused with vehes
silence ; and the attempts made to confound- the prisoner were
such as could never have been made in a differently: constituted
Court. The specific charge had been concealed from the pri-
soner. It had been drawn Up in a short, brief, vague man-
ner, and the Opening- speech veiled the subject still more.
Half a page sufficed for the opening speech, but eighteen
pages sciecely e contained his reply. After the prisoner's
mouth was closed, 'when' .he could not be heard' again;
then was elf his subtlety and twisting let loose against the un-
happy man ; and this Was carried to thee monstrous extent of
introducing new facts—the names, the dates, the places of
which had not been hinted at or alluded to in the 'course' of
the preceding twenty-seven days of the trial.—(Hear, hear 0
He therefore again said that if he had been the party accused;
or his-counsel, he would have preferred a thousand-tbld being
tried before a Civil tribunal. As to the other Members of. the
Court-Martial, he should remark on one who; though the high
est in rank next to the Governor appeared to him unfit to assist
on that occasion. The individual was Colonel of a Regiment
in the. Colony. It was known that Officers commanding
West India' Regiments had generally a connection with the
Colony in which they held such rank. Of the President;
Lieutenant-Colonel Goodman, lie wished to say a single
word. That Gallant Officer, than whotne as he understood,
nobody could bear a higher character, besides his commis-
sion; held the .office of Vendue-master to the Colony, an
office which pointed hint out as.the last man who ought to sit
upon such a trial.lt was the
-observation of General Murray
that it Was necessary for Mr. Smith trot only to have a fair and
impartial trial, but the full semblance of one. How then came
lie to appoint an officer to be President of the Court who held
such a situation as he had mentioned ? It happened that only
nfew days previous to this, there was a great sale of Slaves, a
circumstance naturally calculated to excite great sorrow in
the hearts of those unfortunate people, fifty-six of whom were
to be. torn from the place of their birth and residence, and
many from their dearest ties and connections. He had in
his hand the advertisements of these sales, and every one
of- them was signed •" S. A. Goodman." These poor creatures
were. described as being orderly and industrious, and well
worthy the attention of masters. Another advertisement was
for the sale c.f a mother and her three children and another
for that of a young female, who was pregnant ; altogether they
amounted to 76, and the whole of the advertisements were 'sign-
ed with Lieutenant-Colonel -Goodman's name. Let it not be
supposed that he meant to say the holding of this office would
'be au-inducement to Lieutenant-Colonel Goodman to act can- ,
trary; to his judgment, but it gave him a manifest interest in
the system, and every body must suppose him prejudiced in
its favour. -But the Chief Justice he could not leave. He
must again advert to that monstrous and unheard-of injustice.
He, to whom lay the right of appeal, was appointed to this tri.
bunal—not as President, where his acts would'stand forward sold
attract the eye of scrutiny, but hidden amongst the common and
irresponsible members of the Court. One word more upon the
jurisdiction of the Courtitself. It could not be denied that in
any sudden and. urgent emergency, such as foreign invasion or
rebellion against the State, justified the proclaiming of mar-
tial law, andthe suspension of Civil Courts. But necessity alone
justified it. And the very fact of that justification proved
that martial law could no-longer exist when such necessity
should cease. But here it continued' for five months, and it
was two months before the Court-martial for the trial of Smith
was assembled... Upon the lapse of that period of time he was
triedeas a. soldier.. The most favourable way of putting the
ease forthe opposite argument was, that every man became a
soldier under martial law. And if Mr. Smith had been brought
before what was technically called a Drum-head Court-martial„
which sits for an hour, and in the moment of rebellion he
should _have nothing to complain of in that respect. ;But
instead of that, all necessity fin maintaining a auti,e of mar-
tial law bad ceased, and tranquillity had been every where
restored. Vct, In defiance of this, after two months had
elapsed, the Court-martial was assembled and sat 28 days'. He
would now tied the House to look for a moment at the course
of the proceedings on the trial. And if he had slieWn that the
Court hadno jurisdictionover the case of Mr. Smith, if he had
proved that his jtidges .were interested persons and disqualified
L....km.01;kt office, he could equally shew that their proceedings
.Nltera-,geialq sanctioned by the maxims of justice, nor. jusj
by7th.e. principles of law—even if there had been nude-
', fect:wthe original construction or power of the tribunal. He
begged to observe that the Minutes laid before the House,
were by no means full, although he did not say they con-
tained any thing false. They told nothing which was untrue,
but they omitted much that ought to be told: First, as to
what legal Gentlemen well understood by " leading ques-
tions." The objection to this species of examination was, that
it put answers into the witness's mouth, and was not so much
his evidence as the statement of the person examining. This
was peculiarly the case when the evidence was afterwards
written in substance, and not with the question and answer.
The Hon. and Learned Gentleman then read extracts from his
Report, where leading questions were put, and the witnesses
affirmed them.. In the papers before the House, the Substance
was given as being the evidence of the witness. It was well
jeknown that hearsay evidence was not permitted to be re-
ceived in Courts of Justice, not even upon Courts Mar-
tial. But, in this case, witnesses were asked, " Did your hear
SO and so tell so and so that he had heard this or that ?"
" Did you ever hear any body insinuate," and questions of
this. monstrous and unheard of description. This was ten
times worse than what was usually termed hearsay evidence,
and as being such rejected by the Courts ; so much worse,
that to compare them would be an absolute injustice to the lat-,
ter. Yet this was what the Court thought proper to admit in
,ante dhucear,thaein
Honourableioint whichanhde
Learned Gentleman then read various passages of the evidence
someshoul parts d
presently
f ttlhyi this
chtreiwal
to
where leading questions had been put, and evidence to
1) to
House.a
imputation and hearsay had•been admitted. The same thing
was to be found In the cross-examination of the Prisoner's wit-
nesses. Mr. Austin, the Curate of the Colony, was asked if he
had never heard insinuations that Mr. Smith stimulated the
negroes to revolt. This question Mr. Austin declined answer-
ing upon the ground that he was a Member of a Board of
Inquiry then sitting to ascertain the causes which led to the re-
volt.simaft.or
their
mabaodme,t.eaanbdl abominable
h o s e purposes.
ep e t
which had passed before the Board of Evidence, or elsewhere,
must be stated by the witness. Ace rdingly he nswered that
It was, however, decided by the Court that any thing
he had heard such insinuations. Thus the ,vulence taken before
other bodies was brought by insinuation to bear upon the trial
of this unfortunate man in addition to all the other injustice
and oppression with which he had to contend. If he (Mi. B.)
had been Counsel for Mr. Smith (but he had no Counsel at that
stage of the proceedings, and therefore, by pleading,' acknow-
ledged the jurisdiction of the Court) he should have chalknged
their jurisdiction, but much more should he have objected to
all persons sitting on the Court, who had already sat upon the
trials of the Negroes. Could they, he would ask, come to the
trial of his guilt or innocence with unprejudiced minds ? rley
who had extorted from those unhappy persons evidence against
Mr. Smith. One of these, a slave named Paris, had been
bable, but such a wild and impossible tissue of stories, that :it
in-
duced to make a statement so wild, he would not say so intorebsier-
would be idle to think of shewink their contradictions and tielse.
hoed. It was altogether so wild and incredible; that even these
soldiers' sitting in judgment upon Mr. Smith would not bring_
it forward ; whilst his prosecutors summarily
der
slaies who had gone so far in their confessions. This was the
same with Sandyand other slaves, who told too much
woriitlfeietcur-
pose of their judges, were led to instant
to bring forward Pans
brought forward. • They did not
,ww,teereeßcolintspreelmleadinet do
I.l—iLltileayss:
and Sandy, because the
hear
lfalsehood)_ bwuatsthb'ereofiatiolofnbrietsahf:tef shdetaialorrecus :jitytteitxfithievgelenusitth.i:miolaniwnvsepestahsthec dispatched
0 t,
lt
(saoCil iteeendetrl steole —tahwneiwno h
oinv eaarhtpyleews,
jashooltillotele:uiii:ttliilitedl
not
ladb
who told more credible' tales against Mr. Sinq ), ece saved a'ans.eel
insinnation, anmdo
ycflovagerreadnttheinmju,
sbtuictey
ttore
t name, but the letter mentioned
a letter which was wt.' 1'
e they mee
their evidence availableshadow .of crime could be charged against Th.
to shew that not
ea.tairth'enticate the contents: The' Gentle:
written
poor
oihnot nar sei
to
ibsoetninffiea r y beneath the e
should
.14 would
d M Austin wh
so name was r. . , was Ito Methodist; no sec-
' may, but a member of the Church, as by law established.s—
The letter stated that the negroes. who accused Mr. Smith sin
their confessions when throwing themselves upon the. mercy
of the Court, denied those confessions just before they• were
launched into eternity. Their last statements were then taken
down, 'read to them, arid signed upon their oaths, Paris,
in particular, made this disavowal, and prayed God To"for-
give him thelies he had told against and 'a4riti that
he did it at the instigation of a personrwhOse ,naine heihould
not mention. Sandy made a similar recanYatiOn • anal QttlerS
I •

eared that they knew nothing but what they had heard
.:against Mr. Smith. The confession of Jack was a most
.e.tierions document, and deserved the attention of the House—
roe first part of it was taken down by his counsel, and put into
hie own language. It stated that he was guilty, and that he
•was satisfied with his trial. From that point the confession
-ems written by a Gentleman whose activity, he thought, did
hien very little credit. The language of this part of the con-
fession was very florid, and stated that the prisoner had re-
ceived every kindneis since his imprisonment, and that he
believed if there had been no Methodists in the Colony there
would have lethal no revolt. These Gentlemen seemed to have
discovered the infalible means of taming the savage soul,
and enlightening the untutored mind of an African slave.
—They clapped him into a Demerara prison, and brought
hien well to trial before a Court Martial, and it was perfectly
astonishing to see how qUickly he adopted the highest moral
and philosophical views, speaking of the degrees of knowledge
• calculated to benefit the human mind, and discovering that half
instruction was a-very dangerous thing, and never should be per-
oaitted.—(Cheers and laughter.)—He wondered that this slave
bad not found a poet to illustrate his newly-adopted principles.
—He now-tame to the part of the proceedings where hearsay
evidence eras stopped by the Court ; for a light did at last
break in upon them, and they discovered the illegality of
-taking such evidence. In the examination of his third or
fourth witness, the Court stopped Mr. Smith, and told him. that
lie must not ask questions as to what the witnesses had heard,
ha such evidence would not be received in future. But it had
been admitted in the past—and by these judges themselves.
-Courted—received with open arms. They having exceeded,
if possible, the violence with which the prosecutor had gone
beyond his duty for the purpose of hunting down this unfortu-
nate man. They refused to hear proper, legal evidence, upon
a point going to the very marrow of the case—namely, that of
communicatueg to the overseer of the estate what he knew of
the revolt. He was prevented from putting these questions,
and they were suppressed in the minutest of the proceedings.
Directly after this, however, the Court itself was found asking
a witness in cross-examination, " Were you not told that plenty
of people would be at the chapel, Acc." Then they examined
as to the private conversations with Mrs. Smith in her husband's
absence, not one question upon which was justifiable by
legal practice. Other parts of Mr. Smith's defence were
gabled by suppressions of what was supposed to reflect on
the Court, the Judge. Advocate, or the Government. Many
of the charges were, -that he had read improper parts of .the
Bible to the Slaves, and that he had protested against -what
the law of God and the law of the land equally forbade;
namely, the violation of the Sabbath. When defending himself
upon these points, the prisoner quoted passages from Scripture
in vindication of his acts as a Minister, the Court interfered,
and told him that he must not do so, because the Gentlemen of
-the Court were supposed to be acquainted with all the con-
tents of the Bible.—(Alaugh.)—The Honourable and Learned
'Cent-tertian next addressed himself to the crime of which it
was the- intention of the prosecutor to convict the prisoner,
and to the evidence upon which it was supported. The only
authority which they had to try him upon the charges pre-
-ferred was the existence of Martial law. Supposing that state
- to make every man a soldier, he could only be considered a
soldier from the date of the Proclamation. According to this
he was enlisted on the -19th; but the evidence referred to his
conduct on the 18th and 17th, and even to a distance of six
years previous to the transactions out of which the trial arose.
Other charges were that he knew and concealed the existence
of the conspiracy and revolt, and that on the 20th he was with
Quamina, corresponding and abetting the revolt. He did see
Quamina, and every tittle of the evidence proved that he met
- him for the purpose of dissuading him from the acts in which he
was engaged. Upon this point the Judge Advocate stated that
there was no evidence as-to what passed at these meetings, and
-that it was not material that there should be. Now he would
contend that it was necessary to shew clearer than the sun at
tnid-day, that these meetings related to the revolt, and to a
criminal participation in it by the prisoner. But this was
loudly contradicted by evidence which shewed that lie used
every means in his power to induce the slaves to abandon their
design. Upon this the Judge-Advocate remarked that Mr.
Smith remained half an hour with Quamina, and then let him
. depart without let or molestation. To this he would repeat
the words of the poor Missionary, when upon his trial he de-
sired his Judges to look at his emaciated form, and say
whether lie was able to seize upon a youthful strong negro
engaged in desperate designs. All he knew of theinten-
tions of the negroes, he communicated to Mr. Stewart, the
overseer of the Success estate. There was no other autho-
Thy to whom he could communicate the information at the
thee. Yet it was upon this-that the Court determined tq put
down missions, and to spew mankind that no one should dare
to give fhetruction to the African slave ; and therefore they
sentenced this unfortunate Missionary to be hanged by the neck
until lie was dead. He might have known that there was gruni-
tiling among the negroes, and going backwards and forwards
to know whether their freedom was arrived, as they had been
informed it would by a slave of the Governor's, who had picked
it pp at his own table from the conversations of the (lover-
. nor himself, and front a kept Mistress of one of the proper
-authorities. When be heard so much of .this as excited alarm,
he informed the overseer. But within the four quarters of the
evidence there was nothing from which lie could possibly
have been guilty of misprision of treason until within half
-an hour of the time when the revolt broke out. But sup-
posing that he had been guilty of misprision, that was not
. a capital offence. If a man were convicted of concealing
the knowledge of a conspiracy against the life of the So-
vereign, or to levy war against the King and the other two
Estates i • and if his trial had been the fullest and fairest
-before four of the most upright Judges that ever sat upon
the Bench, his crime would amount to nothing like a capi-
tal offence against the law. But although this Court had re-
- 'solved to put down missions and missionaries, and teachers of
slaves, yet they hesitated to carry their sentence into effect,
net so much, he believed, from the fear of having this blood
upon their head, as from the recollection, that " be who
eiheds man's blood, by nian shall his blood be shed."—Some
one might have whispered in their ears, that if they dared
to touch a hair of this man's head, they themselves must die
-the death of felons. If lie had committed guilt such as they
.believed him to have committed, what were the crimes of
those poor benighted Africans compared to his? Yet he was
the person reeommended to mercy by the Court, while these
pour wretched people were sacrificed. He wished to say a few
words upon those who suffered. He hoped they had met
with fair trial:, and that justice, though heavy, had still been
justly administered to them. Some speedy anti decisive ex-
amples were undoubtedly necessary, but he thought that some
might have been spared whose execution had been so long de-
layed. According to the opinion of Mr. Austin, the object
, of the revolt was not blood. He stated his belief that no-
thing but the religious instruction which Mr. Smith gave to
the negroes had saved the blood of those who were then seeking
hie. They stated their object to be that of driving their mas-
ters to the towns; and by driving they simply meant to use
e only such force as would compel them to go. In fact, it meant
nomore than that they would strike work. They stated in the
very_ heat of their passions, where every passion was heated
but that of revenge, that they would not take away life, be-
.. (*use their instructor had told them that they had no right
_to take away that which they could not give. Much blood had
been spilt on the part of the negroes, for he believed that above
two Hundred had suffered altogether. He had in his hand
Gazettes, by which. it appeared that others had been submitted
to the minor punishment of flogging. Two had received
I 000 lashes each, and were condemned to work in chains for
seven years. A good -deal of this punishment appeared to
_Lim to be unnecessary, and calculated to disgrace the white
man, and still more to increase his insecurity. He could
say little of other individuals, when he
_found the Governor
telling a Missionary that if he dared to teach the- negroes,
Jee would send him out of the -Colony. The Honourable
..and Learned Gentleman here referred to a paper issued,
_as it was understood, by some member of the established
„ church in the colony, declaring that there would be no more
psalm-singing in the colony ; condemning the mode of preach-
ing adopted by the Missionaries in addressing the slaves; and
observing that it was only in the Bethel :Chapel that slaves
were addressed by the title of " Dearly beloved Brethren."—
Thie last assertion shelved how little this orthodox religionist
must have attended to the service of his own church.—(A
1 e paper went on to observe, that slavery must either
continue as it now-did, or not continue at all. How ignorant
. must be such individuals as this ! They had before them danger
enough to satisfy thhwhrmest chivalry; they were a mere hand-
ful of slaqe masters in the midst of myriads of African elaves,
of all tempers and dispositions, hut who would all forget the
shades of distinction between themselves to join against the
*lkea. An immense ocean separated these ignorant men from
all European assistance in. the moment of immediate danger;
and yet were they proceeding in a manner which must extol_
perate the coolest, and which could not fail to warns religious
euxhusiam into madness. To avert the danger, if possible, he
called for the assistance of Parliament. He called upon them
-to save the West Indians themselves from the horrors which
threatened them. He made this call first on behalf of the
staves, to whom we owed all that mild be owed to illetreated
mak, -from those who were in close connection with the men
who had ill-treated them. He made the call next in behalf of
• the masters themselves, tesprevent their continuing in that
..ruinous course which had begun in the martyrdom of Mr.
Smith.—(Heart fromeheOpposition,)—lle called upon them
.last, though not the leaat, to discharge a duty.which they owed
. to all classes in thihcountey, by disavowing the whole of the
-proceedings relative to that Gentleman. The. Hon and Learn-
..ed Member rznebKled by moving, in substance,_ as follows :
" That an humiAe Addres esented to his Majesty, repre-
.eentiog, that the House hadtakennto their serious consideration
. the papers laid before the - House relative to-the,coadmination

of Mr.• J. Smith, late a Missionary to Deinarara ; and that
they conceived it to be their duty to declare that in their
opinion that csndemnation was unjust ; and beseeching his
Majesty to take such measures as he should consider effectual,
for preventing a recurrence of any proceedings of a similar na-
ture ; and for securing religions instruction to the Negroes,
through the exertion of Missionaries, by affording them all due
protection." _

- - -
Mr. W. HORTON rose to oppose the motion. It was sup-
ported, he observed, by reference to documents so volumi-
nous, that it would be necessary for him to intreat the attention
of the House while he went through them, for the purpose of
inducing the House to arrive at conclusions very different
from those drawn by the Hon. and Learned Gentleman. With-
out that attention it must be obvious that he would be totally
unable to wage the unequal war to which he felt he was ex-
posed.(Hear, hear !)—The Hon. and Learned Gentleman
appeared to express his surprise that the subject had caused
so little interest in the House compared with that which it had
excited out of the House. He (Mr. H.) could not join in this
surprise; because he could form some opinion, and he had no
doubt the House could do the same of the means by which that
interest had been created out of door;.—(Cheers.)—The Hon.
and Learned Gentleman had connected the case of this unfor-
tunate individual, Mr. Smith, with a body of persons, (he meant
the Methodists), with whom, as a body, the subject could have
no relation whatever. Had that unfortunate person given
proper attention to the admirable regulations laid clown by the
Missionary Society, the subject now before the House would
never have been heard of, and the unfortunate Gentleman him-
self might at this moment be living; under a different state of
things in the Colony. What were the circumstances by which
he was surrounded when he first went there ?
He was in a
place wherein slavery was authorized by law ; and it was
therefore his duty as a Christian Minister to recommend patience
and obedience in its objects. He (Mr. H.) had no wish to
speak harshly of Mr. Smith ; indeed he really believed he was a
mere enthusiasm, and of course he did not speak of this as being 1
of itself a crime. Thus much he was willing to say of him,
though his actions carried every-appearance of criminality_
The whole of the proceedings, it was admitted, arose oat of
the vote passed by the Colonial Assembly, and as it caused
much difficulty and danger in the Colony, he believed no one
would deny that the Governor was justified in proclaimi..;L;
Martial Law. It was, of course, an extreme. resource, never
to be acted upon but in extreme cases, as it necessarily in_
volved the suspension of all the forms of law. The Hon. and
Learned Gentleman, speaking; with reference to Mr. Smith's
trial by a Court Martial, had observed that the rules of evi-
dence in usual cases had been infringed upon ; but such rules
could not be expected to be observed with strictness in such a
case, when the very necessity for this mode of trial implied
a necessity for some departure from technical form. But in
support of the assertion that there had been this departure the
Hon. and Learned Gentleman had relied not upon the evidence
of the proceedings as they appeared before the House, but upon
a publication issued by the Missionary Society.
Mr. BROUGHAM here explained across the table. We
understood him to say that the fact appeared from the Papers
before the House.

Mr. HORTON resumed.—The lion. and Learned Gentle-
man had certainly alluded to one fact which did not take place
at the trial. He had said that hearsay evidence had been ad-
mitted. He (Mr. Horton) begged to deny this; and there
was not the least appearance of any circumstance to
justify the assertion. The Honourable and Learned Gentle.
man had also complained of the Constitution of the Court.
The President of the Court of Justice was a Member of
it; and this circumstance was, in his (Mr. Horton's) opi-
nion, an argument rather in favour of the Court ; because it
would give the Court the benefit of his legal education and
habits. Seeing that this Gentleman was one of the Mem-
bers of the Court, it was almost impossible to believe the
monstrous suppositon that hear-say evidence had been ad-
mitted. With regard to the President of the Court-martial,
and the remarks used by the Honourable and Learned
Gentleman as to the politic course of conduct he might have
taken, he (Mr. Horton) begged to say, that nothing could be
more impolitic than to lay down generel rules of this nature
for the guidance of a Judge in discharge of his judicial duty.—
(Hear, hear !)—He admitted that there was but a choice of evils
for the Governor; and he believed that Martial Law, which
had been resolved upon, was the least. But the many ques-
tions now before the ouse might be much reduced by put-
ting one, which was, in fact, the principal. Was substantial
justice administered in Mr. Smith's case ?—(Cheers from all
parts of the House.)--By this test he was perfectly willing to
try the present motion, because he was not prepared, nor was
it necessary to defend the case by technical rules. It should be
remembered that the colony was in imminent danger; and that
for 3,000 whites there were 77,000 slaves. The Court which
tried Mr. Smith was formed as unexceptionably as it was pos-
sible, considering all the circumstances of difficulty. And
would Hon. Gentlemen say not only that Mr. Smith was inno-
cent, hut that the Court which tried him had formed a delibe-
rate intention to commit injustice ? Was it likely too that he
would have had more justice administered to hint had he been
tried by the usual forms of law in the Colony ? The lion.
and Learned Gentleman said that sentence of death had been
passed for an offence which by law was not punishable by
death. The legal part of the question he did not attempt
to meddle with • but even supposing the Hon. and Learned
Gentleman to be correct in his legal view of it, the sentence
had been qualified by a recommendation to mercy; and when
it was remembered that in no case within memory had such a
sentence, so qualified, been acted upon, irwas too much to
say that the Court desired to take away the prisoner's life.—
They conceived (whether right or wrong was not the question)
that the crime was legally punishable with death ; but they
thought there were palliating circumstances which rendered it
proper to mitigate the strict severity of the lava • He under-
stood that by the law of Demerara misprision of treason was
punishable with death, though he did not affect to be competent
to deal with this part of the question. lint whether this was
the fact or not, he repeated that the recommendation to mercy
completely answered the charge of ialtunisannietyr ee,bwhnictrhiehdadbyherle
brought against the Court. Had the prio
ordinary constitutional form of proceeding, lie was much more
likely to be brought before a prejudiced Court than that which
had actually tried him. He would then have been tried by a
jury of planters; negro evidence would have been equally
admissable against him; and he would no more have been al-
lowed counsel than lie was under the proCeedings as they had
actually taken place. The Hon. and Learned Gentleman not
only complained of the original proclamation of martial law,
but of its continuance after all necessity for it (as the Hon-
ourable and Learned Gentleman thought) had cea'ed. To
shew that this was net do'ne vexatiously towards Mr. Sarah,
as had been held out, he would refer the House to the Go-
vernor's dispatches to the Government at home, in which he
observed that he was most anxious to abolish martial law, and
I would take the first safe opportunity of doing, but that the
whites were still very much alarmed, and relied chiefly upon
their arms; especially when they considered the vast dispro-
portion in number between the whites anti the slaves. He '
now came to the most important part of the whole transaction.
lie meant the insurrection itself. In the very outset he would
ask, had the Honourable and I.earned Gentleman denied that
the agents of Mr. Smith had been engaged in the Insurrection ?
He had not done so; and was there not proof, or at all events
suspicion of a very strong nature that those persons had been
so engaged ? He admitted that this alone was not proof of
guilt ; but this was a fact not to be overlooked when they were
trying the conduct of the Court. It was impossible, he
thought, to read the papers and pronounce Mr. Smith to be the
spotless character he was ascribed to be by the Missionary
Society. He (Mr. Horton) did not think he had any mali-
cious design ; for he believed him to be a mere enthusiast, and
by no means qualified for a temperate performance of the
duties of his office. He begged the House only to look at the
topics which Mr. Smith had chosen to address to the slaves.
—He (Mr. Horton) did not say that they were wrong in the
abstract; but were they fit to be addressed to the slaves ? In
two instances he had quoted the conduct of the Israelites in
Egypt, whom he characterized as slaves. To shew the state
of Mr. Smith's mind, he should refer to the Journal of that
Gentleman, notwithstanding the objection made by the [lon.
and Learned Member to any reference to it,—[The Hon.
Member here referred to that part of Mr. Smith's Journal
which spoke of the spirit being within hint on his hearing some
prayer tittered by a slave.]—Mr. Smith also advanced a most
dangerous doctrine, by attempting to find reasons for not mak-
ing a matter of such importance as the conspiracy known to
the Constituted Authorities. He appeared to say, too, that
slavery could not be mitigated, but must be altogether abo-
lished. He begged to ask, was this a doctrine which would
be sanctioned by the Missionary Society? No doubt, Mr.
Smith thought the doctrine was right, and regulated his own
conduct in consequence of it. All the evidence on this point
clearly went to shew the frame of mind in which Mr. Smith was
at the time shortly previous to the insurrection. His allu-
sion to the many wars and sheddings of blood about mat-
ters-a religion--his allusion to the affairs of St. Domingo—and
his laying it down that it was culpable in the slaves to work
on Sundays, all went to prove what he (Mr. II.) had before
observed on this paint. Ile (Mr. H.) believed it was the wish
of Government and of that House to see the practice of Sun-
day work altogether discontinued; but it was not the business
of Mr. Smith to tell the slaves that by obedience to the present
law they would be offending their Maker. He would have
shewn better, and more truly religious feeling, if he had
held out to them hopes that they would be relieved from
the work by the proper authorities.—(lloar, hear l)--Having
shown the turn of mind of this Gentleman, he came to the
evidence showing that lie was privy to the insurrection. Bris-
tol, the black, and others, had conversations with him on
the subject. Upon one expression respecting the driving
of their mastery,. the Hmtourable and -Learned Gentlemen

wished to put an innocent meaning, by Supposing that it
meant they should strike, and not work. Even with this
softened interpretation, it clearly meant an intended • resist-
ance to their masters with regard to their property. The
Hon. Member here referred to the evidence as to the letter
addressed to Mr. Smith, and which had been destroyed, re-
specting the slaves being " ready at-seven o'clock," that they
nut " their entire trust in him," and " were fully prepared."—
/The answer of Mr. Smith was, that he had heard something
the day before; but had advised the person who told him not
to have any thing to do with it —(Cheers from the Opposition.)
This however chewed that, on the day before, he had heard of
the subject—(Cheers from the Ministerial Benches.)—Was this
conduct becoming the character a a Missionary ? If it should
event would cause much, injury to' religion in general, and to
the
s:
eid that
ii
ssioriari
ya,
Cause
i n
particular.. How could the Missionary
Societies ever carry their intentions into effect if the had
not the aid of the Slave Masters ? Knowing the facts Mr.
Smith did, it was his duty to have communicated them to
the Government; and not having done so, lie was guilty of
misprision of treason. The evidence of Romeo shewed that
lie must have known it. • Mrs. Smith had certainly made a
statement since the trial, which went to throw a doubt over
Romeo's evidence a but lie was compelled to say, that lie
thought the attempt had failed. The chief of rebels was
in direct. communication with Mr. Smith ; and if after read-
ing the whole of-the evidence, and considering it, any man
could say he believed Mr. Smith was not guilty of knowing of
the insurrection, and suppressing his knowledge of it from the
proper authorities, that man undoubtedly ought 'to aay that
the Court Martial were not justified. But men were to be
tried not by their professions, but by their actions. Mr. Smith
knew of the formation of a conspiraey'which would deluge the
Colony in blood-, and he had kept it a secret within his own
breast.-a(Cheers.)—The Missionary Petition now before the
House stated that many slaves had been executed, although
little injury had been- done to property. • What did the Society
mean by saying this ? Were not a suspension of the law which
protected property a diminution of the credit which was placed
upon the property, and a tedious, harassing Militia Duty forced
upon its owners for its protection—were not these an injury to
property ?—( Hear !)-lii di regard to personal injury, he begged
to refer the House to the evidence of Mrs. Waldron, who stated
that the Blacks forced open her husband's house, fired at
and wounded her twice, dragged her about, demanded of her
where her husband was, and treated her cruelly while she was
streaming in her blood. They had killed a Mr. Forbes, a re-
spectable man, who was the superintendant of the slaves, and
who, while dying, exclaimed, that " he wished Wilberforce
was present to see the effect of his work."—(Loud cheering!)
—He read this, not to justify the remark, but to shew what
were the facts, in the face of which the Missionary Meeting
had presented their petition. Did or did not the Missionary
Society know of these facts which appeared in evidence, when
they presented their petition.—(Long continued cheering.)
—And how did it happen that out of the whole Colony the
slaves who attended the Bethal Chapel were the only per-
sons affected by the impulse of insurrection. The-Mis-
sionary Society might be assured that they alone could not ac-
complish any of the objects so much desired by this country ;
and that they never could have any chance of accomplishment
without an union of prudence and temper. What had been
the claims of Mr. Smith to these .qualities the House might
already have collected ; but the Missionary Society al- peaeed
to give him ample credit for both of them. The fact wi.s, fiat
Mr. Smith, • had lie -been disposed, might have averted the
danger without even a breach of confidence; for he 'might,
in general terms have cautioned the Government; and this
might be done without a tithe of that . species of ingenuity
which Mr. Smith certainly possessed. He had not done
so ; and to whom did they owe it that the shocking scenes
detailed in the evidence of Mrs. Waldron were not repeated
in a thousand instances ? Why to the firmness and exertions
of the military who were at that moment arraigned before
the House as guilty of brutality and injustice ?—(Cheers.)—
Upon ' the imprudence of Mr. Smith he believed. there could
be no difference of opinion among impartial men. The• ques-
tion of his guilt or innocence must remain hetweenhim and
his Creator. ,He (Mr. Horton) thought lie was an imprudent
enthusiastic man, who conceived that the end justified the
means. He (Mr. H.) contended that he was properly brought
to trial ; and that, if there was a failure of any technical forms
i'n the course of Isis trial, there was none of substantial justice.
The Missionary petition stated, that the insurrection was not
caused by Mr. Smith, but by the cruelty of the slave owners to
their slaves. Now the fact was, that the leaders of the insitnec-
lion were high in the confidence of their masters; well paid,
well fed, anti in good circumstances.. The whole of the evi-
dence proved that Mr. Smith had not fcllowed the instructions
given hini by the Missionary Society. Ilisimprisonment had
been partially alluded to ; but this could not be laid entirely
to the proceeding by Court Martial; as he would have auffered
Fonder a proceeding in the usual constitutional form. He.
called upon the House to read the evidence of Mrs. Waldron,
and say whether the slaves were not violent. Was it for any
neces,ary purpose Mrs. 'Waldron was shot at ? The fact
was, that very circumstance proved the inaccuracy of the
Petition. Then it was said Mr. Smith,. an innocent unfortu-
nate man, had been the victim of the wrath of popular
recline,' in the Colony of Demerara. It was not against
Mr. Smith, as a Missionary, that the Court Martial decided,
but against one who had concealed a knowledge of insurrec-
tion. They were justified in considering him criminal. For
these reasons the Hon. Member thought he had shewn the Pe-
tition
was inaccurate. It was the parent of other Petitions,
also inaccurate. No person having a knowledge of the facts,
and speaking as a lawyer, could say they were not justified in
finding him guilty—(Bear, hear !)—No man could be guilty of
misprision of treason without appearing criminal. The House,
with the evidence which had been laid before them, could not
contemplate an act of injustice. It appeared to the Hon. Mem-
ber that justice had been done. With respect to the concluding
part of the. Resolution, re :ommending a new and proper mode
of instruction for the negeoes, no one could object .to such'a
proposition, but the thing proposed had actually been done,
and therefore the Resolution had been anticipated. The Hon.
Member concluded by expressing a hope that the House would
not sanction the motion.

Sir J.. 11 ACKINTOSII said, that even though he had not
been called upon by the Hon. Gentleman (31r. IV. IIorton),to
vindicate the statements of the petition, he should still feel
anxious, as early as possible, to bear testimony against a pro-
ceeding as unwarantable as ever disgraced the administration
of law in any part of the British dominions. With respect to the
petition, he was sorry to inform the Hon. Gentleman (Mr. W.
Horton) that it was not in his power to substantiate the Charges
brought against its accuracy. The first charge implied merely
that the Society were n.9t philosophers. With respect to the
second, that cruelty to the Negroes was not the cause of the
insurrection, the reason given by the Hon. Gentleman was that
the ringleaders had not the excuse of cruelty. There could be
no greater fallacy than this. The great mass of a people might
be oppressed, though the leaders in an insurrection to oppose
oppression did not feel it. Leaders in such cases were generally
persons of superior talent or station, who though they might not
feel so much as others the wrongs inflicted, would still be the
foremost to avenge them. The next charge against the petition
was inaccuracy as to the loss of life. Now what said Governor
Murray ? that during the progress of the insurrection no man
was voluntarily put to death. He stated that no Whites were
delibera ely murdered. No doubt a loss of lives took place._.
That was a necessary consequence of attack and defence. The
petition meant merely to state that assassination did not dis-
grace the insurrection. On one plantation three were killed in
defence of the house. He applauded that defence, and the con-
duct of those who maintained it; but it was a miserable objec-
tion to the petition to say that lives were lost, when it only de-
nied that murder or assassination took place. The London
Missionary Society appealed to Mr. Austin's statement, a man
of the highest charatter,avho declared 4, that nothing bat those
religious impressions which under Providence Mr. Smith has
been instrumental in fixing nothing but those principles of the
Gospel of Peace which he has been proclaiming, could have
prevented a dreadfill effusion of blood here, and saved the lives
of those very persons who are now (I shudder to write it) seek-
ing his life!" To this petition he confidently appealed. No-
thing had been yet stated to refute a single allegation it con-
tained. It was said that no attempt had been made to draw out
hearsay evidence on the trial. He would refer to the copy of
the evidence where the following queStions were to be found :
Did any negro insinuate that these misfortunes were owing to
Mr. Smith? Did you hear any persh impute these misfor-
tunes to him ? What was this but an attempt to draw forth hear-
say evidence ? No allusion was made to the evidence given be-
fore the Commission of Inquiry. The Court was well aware
of that evidence, but they did not believe it. If they believed
the testimony of Harris, who said that the negroes took a
Solemn oath in the presence of Mr. Smith, binding themselves
torise in rebellion against the Authorities, would they not have
preserved the life of Harris as the apple of their eye;- that he
might be produced to prove a fact which would shew Mr Smith
to be the most flagicious of men ? They rejected all that part
of the evidence which they knew to be false and incredible, and
they preserved the rest. He believed the Chief Justice *ray
to be a respectable man, but it was in vain to argue against
facts, from character. Hearsay evidence of the worst kind was
admitted. Let the character of Mr. Wray have its weight, butlet
it be used as a shield to protect,not as a sword to stab the charac-
ter of Mr. Smith, the only thing now unfortunately left in their
hands of that most Mused gentleman. He could lay his hand
to his heartand declareupon his honour, or ifthere was any pledge
more sacred, that he believed him to be a most innocent and
virtuous man, illegally tried, unjustly condemned to death, and
persecuted in a manner that was a disgrace to any enlightened
Govtrnment. even in the case of the worst criminal. He did
not think it possible that an Assembly, which, as one of its first
s appointed a grand
acts it; the beginning of each session, laway

Committee of Courts of Justice, could refuse this motion and
not pronounce judgment on such a question as this. They had
to try this issue whether the jurisdiction was a legal one, and
whether the proofs were sufficient. The question was not
whether Mr. Smith was imprudent, or an enthusiast. Nine-
tenths of the evidence had no relation 'at all to the charge
against him. Why receive as evidence a conversation that.
took place long before with Mr. M‘Turk on the subject of
the smallpox? 'Who was this Doctor M'Turk, this gene-
rous Doctor, who having had a dispute with a neighbour,
mentioned all the particulars of that dispute at the very
moment when it might be rendered most prejudicial to the
interests of the person who was thus betrayed ? if he (Sir
James Mackintosh) were allowed to adopt the superstitions
of other times and places, he would take special care
never to sail in the same vessel with Doctor *M"furk.—(A
laugh.)—He would wish him expelled, as he wished all who
were capable of bringing forward injurious recollections at the
season of calamity against the victims of that calamity, from the
Christian world. He would put it to the house whether the
letters of Mr. Smith, which merely contained general observa-
tions and discussion, and had no relation to action of any kind,
should be taken as evidence that he was guilty of misprision of
treason ? Could the journal of a man, in which he entered the
sentiments of hislife, be produced in evidence against him ? The
case of Sidney vanished before the atrocity of producing that
journal as evidence of the guilt of Mr. Smith ; a journal which
had never been seen even by his wife, which had been dragged
from the most sacred secrecy for the purpose of bearing testi-
mony against the man who had kept this register of his religious
thoughts and opinions from the eyes of all the world. But
what did this document prove ? Part of it had been handed
about the Court without being read to the Court, and the
Advocate for the prosecution charged him upon the remain-
der with the crime--of what ? of being an enemy to slavery
itself. Mr. Smith had in his journal said that he had been
obliged to compose in the midst of agonising cries. He
had been vile enough to declare that slavery should die a
violent death, and the extracts which thus exhibited the feel-
ings and sentiments of the writer were all treasured up as proof
of a wicked participation in the views of the insurgents. No
one would accuse Dr. Johnstone of sectarian principles, or of a
temper of mind likely to recommend a departure from the obli-
gations of loyalty, and yet every one knew that when the
Doctor was on a visit at Oxford, he proposed as a toast—" Suc-
cess to the first revolt of the Negroes in the West Indies."—
The Doctor did so to express his abhorence of slavery in the
strongest manner, at the same time that he was notoriously one
of the last men who would encourage slaves to revolt. But the
opinions of this unfortunate man were taken as positive evidence
of his criminality.—(Hear !)—A powerful sensation bad been
excited by the Press upon this subject. He alluded to the
trial which had been produced in the House. It had been there
stated that the Courts had been shut because Martial Law had
been proclaimed. The fact was the reverse. Necessity was the
only argument in favour of Martial Law, which was unlaw-
ful, which it was an usurpation to continue after that necessity
ceased to exist. The doctrine of Sir Edward Cooper was, that
where there was Civil Law, Martial Law could not exist. The
same doctrine was insisted upon by Sir Matthew Hale; and
history proved, that from the reign of Edward the Second
down to the commencement of the present century, it was a
maxim that where the Common Law was to be found there
could be found no such thing as Martial Law, which was
a sort of more equitable decimation.--( Hear, hear !)—General
Murray had put himself out of Court when he said that it was for
the benefit of Mr. Smith that Martial Law had been resorted to
in his case. The charge was unlawful, the condemnation was
unlawful, and if Mr. Smith had been put to death, all who were
engaged in his trial would have deserved execution. There was
no such thing know:. as Martial Law applied to offences usu-
ally punished by the Law. It was inapplicable to all except
military cases. It was not warranted by the Law of Holland,
by the Law of England, or by the Law of the Colonies. Sir
James Mackintosh next adverted to the concealment which,
he said, had been made of all that led to a vindication of
the conduct of a virtuous man, who fell a victim, not to the
Aldermanic virtue of calculating upon the profits of his exer-
tions, but to the religious enthusiasm of his mind. Now as
to the knowledge Mr. Smith had of the plan of insurrection,
what evidence was there of that ? Had he or had he not such
sufficent knowledge of a plan of revolt as would have been mis-
prision of treason if treason had been committed ? Misprision
of treason could not exist, except it could be proved that the trea-
son existed also ; and was that the case in this instance ? It was
argued that Mr. Smith had intimation of the insurrection, and
that he concealed that knowledge. It was to be answered that
he had no more than a general idea of disturbance, and that, so
far from making a secret of that fact, he disclosed all he knew
about the general dissatisfaction to two officers, who were qua-
lified to take the necessary precautions. He (Sir J. Mackintosh)
then proceeded to describe the conduct of Mr. Hamilton's slave
Susannah, appropriately so called, as she had a great variety of
lovers. He hoped she was Jack's wife. An extraordinary scene
which had taken place with respect to Susannah, had been
omitted in the account of the part she had filled in the transac-
tions. She had frequent interviews with Jack, and she told him
that Mr. Hamilton was friendly to the cause of the Negroes, only
waited for the *coffee crop, that he might get all he wanted, and
that all he wanted of her was to cause a delay amongst them
until he could get away his baggage. There were besides two
persons, who swore that Hamilton gave instructions as to the
cutting down of the bridges against the soldiers. Now this was a
worse crime than that with which Mr.S. was charged, for this was
spewing how to levy war. Susannah had used the ntollia tempura
fandi, and extracted from her master an acknowledment which,
if it proceeded from Mr. S., would have been foremost in the
'evidence against him. Mr. S.. in the true spirit of conciliation,
proposed to state from the pulpit the substance of the paper
the expectation of which had made so strong an impression upon
them ; and that, he submitted, would allay their anger. He did
as much as he could to manifest his good intentions, and to pre-
vent any unfortunate termination of the disorder that began to
appear. What, after all, was the corpus delicti—what was the
essence of the facts upon which this valuable individual was pro..
nounced guilty ? the testimony of two slaves who were menaced
with death—who had the skeletons of their brethren before
their eyes, the sound of the. whip
ionifanehhe decidingsi ears,r
rtii
;:arnn!dt)h—tehsefaitrtee tenor
fmr
ae
James
then
arguedperpetual
uprisonpen the in their nabsurditya
individual, upon the evidence of persons who were strangers to
the language which he spoke, and yet whose language was the
only avowed proof of his criminality. He was charged with
having made a communication, but it was admitted that lie used
a dissuasive ; what grounds were there then for supposing that
he incited to revolt? He had appealed to their religion and
their prudence; to the first as a security against crime, and to
the second as a security against danger. And who were those
who testified agar „,q him ? None but men who expected a cruel
death, or the reward of perjury. True it is that Mr. Smith had
not informed against any particular persons. But was it not
,1 natural to think that he would entertain a favourable opinion of
' those who had confessed_ and would he not have been culpable
if he had exposed them after such confession ? But the cruelties
to which Mr. Smith was exposed, and which were extended to
his wife, were of the most intolerable description. From the
7th of August till the latter end of November, the sentinels
stationed at his door, which lay open, called to him every two
hours at night to know whether he was asleep. Some, however,
of the sentinels were more kind than others, and were content
with looking at him as he lay in his dungeon. And all this
occurred while his wife, a most delicate woman, was with
him, and when time thermometer was at eighty-three.
der these circumstances, and while his body was sinking un.
der disease, the first person who visited him was—not a phy-
sician, not a legal friend or adviser, but a person who an-
nounced to him hie conviction, and menaced him with death._ '
He (Sir James Mackintosh) certainly considered the sudden
emancipation of slaves by violence the greatest calamity that
could occur, next to that of perpetual slavery to communi-
ty of slaves. He had no objection to giving time for con-
ferring the gift of liberty, so that it was pledged in good faith.
When Mrs. Smith and her friend Mrs. Elliott applied for
permission to accompany the body to the grave, and pay it
the last sad honours, they were refused permission to enjoy
this melancholy gratification; and the funeral was ordered to
take place at such an hour as would be likely to prevent their
attendance. They refused however to obey the mandate, and
at four o'clock in the morning had the satisfaction of seeing
the remains of him they loved while living deposited in his
unhonoured grave. The spirit of persecution did not however
cease here, and the incident he was going to relate would
sufficiently mark the eagerness with which it was sought to
prevent the slightest mark of respect from being paid by his
surviving friends to the memory of the unfortunate Missionary.
Two of Mr. Smith's hearears—the one a carpenter, time other
a bricklayer, both 'of whom had received marks of kindness at
his hands—resolved to evince their gratitude by erecting some
slight memorial of their respect over his grave, actuated by
that sentiment to which an English Poet has so beautifully
alluded—

" Yet e'en these bones from insult to protect,
Some frail memorial still erected nigh,
With uncouth rhymes and shapeless sculpture deck'd,
Implores the passing tribute of a sigh."
The Authorities of the Island, however, ordered this testimony
of respect to he taken down, and forbade any person to imitate
their example upon pain of their heavy displeasure. Such was
their rancour against the unhappy victim of their persecution,
such their hatred to his memory, even when the object of their
revenge was beyond their reach, that at a General Al eeting of
the principal Inhabitants of the Colony they ventured to pass
a vote of censure against Lord Bathurst and another Body,
whose name was not often before coupled with that of the
Noble Lord—" The Missionary Society of London."—(A
laugh.)—for screening Mr. Smith from their vengeance. They
were not satisfied with his death—no; the Great Council of
Demerara said to my Lord Bathurst—"° You have committed

' an unpardonable crime in not allowing ns to hang up the &le'
ton of Mr. Smith as a beacon upon the shores of Demerara,
. to deter in future every honest Preacher of the Gospel from the
performance of his duty in correcting the immoral, soothing the
unfortunate, and instructing the ignorant." The Hon. Mein'
ber sat down by expressing his cordial concurrence in the TO'
tion of his Learned Friend.
• Mr. SCARLETT rose amidst loud cries of Question, quo'
don ! Adjourn, adjourn ! The Learned Member said that he
had no intention of trespassing long upon the attention of the
House. He had entered the House without any previous know:
ledge, except by rumour, of the motion which his Hon. and
Learned Friend meant to conclude. He had attended to his
able and ingenious statement with that pleasure with which he
always attended t' him ; but, notwithstaaaling all the ability
and all the ingenuity with which hi olLearned Friend had stated
his case, he could not help feeling considerable doubts as to the
propriety of joining with him in a sweeping accusation aegalost
persons who were sent, and had no advocate in that House.
to defend them.—(Hear, hear !)—He could not agree with his
Honourable and Learned Friend in stigmatizing those Gen-
tlemen who found Mr. Smith guilty as murderers ;—( Heart
hear !)—for if he affirmed the resolutions of his Learned
Friend, such would he the conclusion that he must come to.
One of these gentlemen he had the honour to be acquainted.
witha-he alluded to Mr. Wray, the Chief Justice of the Island,
Of this gentleman he would :say, that nobody who was ac-
quainted with him would believe he could commit an action foe
which his friends ought to blush ; he was a man of high honour,
great attainments, anti possessed of a sound anti correct judga
ment. He had been a Fellow of Trinity College, Cambridge,
and when he stated this, it was sufficient to those who were
acquainted with that body to prove him a man of high honour
and liberal sentiments. For himself he would say, that if he
was placed in Mr. Smith's situation, he would desire no greater
assurance of a fair and impartial trial than the fact of Mr. Wrsl
being one of his judges ; and if that gentleman knew Mr. Wrai
as well as he (Mr. Scarlett) did, he was certain that he would
have expressed the same opinion. There was one objection,
however, to the mode in which Mr. Smith was tried, which in
his (Mr. S.'s) opinion had great weight. He was improperly
subjected to a trial by Court Martial, for an offence over whirl,
that Court Martial had no jurisdiction, as it had been committed;
previously to the institution of that Court Martial. The offence
for which. Mr. Smith was tried, and of which he was in his Mr.
Scarlett's opinion guilty—(hear !)—was misprision of eleason ;
but this misprision of treason was antecedent to the appointment
of the Court Martial, whose jurisdiction properly extended only
to such offences as were committed subsequently to its appoint,
ment, and during the existence of Martial-Law.—(Hear, hear!)
—Of the degree of Mr. Smith's guilt he would shortly speak.
At present he should reply to an accusation brought by hie
Learned Friend against Mr. Wray, for sitting upon a Court
Martial, the legality of whose decision might subsequently be
brought under his own cognizance in his capacity of Cl.ief Jos-
ties of the Island. This objection, li,wever, he trusted it
would be in his power to prove to be just as fallacious as he
owned it to be specious and ingenious. The proceedings of the-
Court Martial were authorized by the Governor, and the lairs
of the bland precluded any person from bringing an action:
against him in the Courts there, although he was willing to allow'
that a different course might be pursued here. Now with respect
to the degree of guilt which attached to Mr. Smith, in adverting
to which he should not follow the example of his lion. and
Learned Friend who had list addressed them, and endeavour to
inflame their passions by a vehement harangue ; he should con.
1 fine himself to a plain statement of what he found in theminutee
of evidence, from which he hoped to prove, even upon the
shewing of Mr. Smith himself, that he was not unconscious of
the projected revolt, and that possessing such consciousness, Le
refrained from communicating it to the proper authorities. The
Learned Member then read from the printed Report of the
Trial, page 18, the evidence of Bristol, who stated that he sate
Quamina in communication with Mr. Smith, and heard the
1 latter tell him not to do any thing rash. That Quamina's corn'
munication was of a treasonable nature, he (Mr. S.) thought was
plainly to be inferred from the adinission of Mr. Smith himself.
The defence of that Gentleman was conducted with the greatest
talent, and lie certainly could not rand it ov.r without feeling the
deepest commiseration for the fate of that unhappy Gentleman.
whose intentions he was willing to allow might have brae, and
probably were of the purest nature. It was not however of
1 the intention but of the act that the Court Martial was to
' judge ; and, although in determining the degree of moral guilt,
it might be well to adhere to the maxim. " Non reus, nisi
meus sit rea," it was not the moral but the actual guilt and
its probable consequences that the Court Martial which sat to.
try Mr. Smith was bound to ascertain. He was therefore per,
fectly ready to allow Mr. Smith all the benefit which such 0
palliation might afford him. All he should contend for was,
that his ignorance of the crime did not alter its quality, and that
the evidence which was brought forward against him, coupled
with his own admissions, formed a sufficient justification of the
verdict to which that Court-Martial arrived.—The Learned
Gentleman here read some passages from the Defence of Mr'
Smith in corroboration of his argument.—From those extracts
he contended that Mr. Smith was aware of the treasonable
intentions
,of Quamina and the other slaves, and that he
had concealed his knowledge of their intentions from the
proper authorities. All this,had been proved on the trial, and
not disproved, but rather confirmed by the evidence of Air-
Smith ; and under such circumstances lie could not consent
to stigmatise those who sat upon the Court Martial as cal-
lous to every principle of justice, and guilty of the murder of
an innocent individual. It had been stated in Mr. Smith's fa-
vour, that he had communicated his suspicions to two Per'
sons, Mr. Stewart and Mr. Cort ; but no proof had been
offered of this fact. He had now stated, and he trusted without
travelling much out of the record, his objections to concur in the
resolutions of his Learned Friend. He had now only on 9
further observation to make, which he trusted would meet
the attention of the House. It was, that he did not
think they could with any degree of propriety accede to
Resolutions founded upon a document not official and untie-
, thenticated, which had been published by the Missionary So
ciety (of whom, however, he did not mean to speak in terms 0
disrespect), in contradiction to a document which was officials
and which had been lair' by his Majesty's Government on the
table of the House. Haring said thus much, he had to repent
his dissatisfaction at Mr. Smith having been tried by 'a Court
Martial, under whose cognizance his care did not in his opinion
come; and had he (Mr. Scar'.ea) been the Judge Advo:als
upon that occasion, he certainly, from motives of delicael
and honour, would not have allowed' the inspection of Ins
private journal.—(Bear, hear !)—lle hardly thought, hop'
ever, that a charge could with propriety be brought against .
General Murray from any want of humanity towards the
prisoner, and of subjecting him to the mode of trial, when,.
upon tlae shewing of the Honourable and Learned Member
who spoke last, the feelings ofthe planters were so ex.asperatea
against him that he would have had a still worse chance had he
been tried by the Civil Law of the Isl and.—(Hear !)--Hader
all the circumstances he certainly thought that great allowances.
ought to be made for the Officers who sat in the Court Martial,
when the state of alarm in which they were placed was corori•
dered, and he certainly could not concur in the language of his
Learned Friend's motion ; for which, had it been couched ill
more general terms, he most probably should have concurred,
although he would much prefer the adoption of some inter-
mediate course which might preclude the necessity of his voting,
at all.

Dr. LUSHINGTON then rose. amidst very loud cries for
an adjournment. The Hon. and Learned Member remained
standing for some minutes, during which the cries were
creased to a deafening call from all parts of the House.
Mr. Secretary CANNING said, that after the length W
which the debate had gone, and considering the strong feeling
shewn by. the House for an adjournment, he would advise the
Hon. and Learned Gentleman to defer his address.

Dr. LUSH INGTON said that though he was willing t°
proceed, yet as there were so many other Members desirol
to speak on the question, who could not possibly be hear°
that night, he would throw himself on the judgment of the
House as to whether he should proceed or not. He had only,?'
few observations to address to them. (Loud cries of Atl.iourn.
The Hon. and*Learned Gentleman then sat down, sad
Mr. CANNING moved the adjournment of the debits until
this day. _ - -

The-motion was agreed to, and the Members, with wh cm the
House was crowded, immediately rose to depart.
The Orders of the Day were then disposed of, and the Flouts
Adjourned at Two o'CLocK.