Star.
London, England, 1824-06-12 00:00:00

t

Lord GROSVEINTOR repliedt and denied that.'the
Bill had any tendency to enable the' poacher to biing
game to the market.—The motion was then negatived
without a division.
Lord KENYON moved the. committal of the Scotch Judi-
cature Bill.
Lord C ANV DOR opposed the motion.
Lord REDESD ALE was in favour of the Bill.
The Earl of LIVERPOOL wished the Committee to be post-
poned to the ensuing week.
The Marquis of BUTE was adverse to the Bill.
Lord KENYON agreed to postpone the Committee to Monday.
The Earl of LIVERPOOL observed, that the case of Lord
Stafford was distinguished from the others; the reversal of the
attainder of that Noble Person was an act of justice, while that of
the others was an act of spontaneous grace on the part of the Crown. I,
The Report of the Committee was agreed to, and the Bill or-
dered to be read a third time en Monday.
The Weights and Measures Bill was committed and reported.
The Bills before the House were forwarded a stage, and the
House adjourned at Tsw o'CLocc to Monday.
HOUSE OF COMMONS.
The St. Patrick's Assurance Company and the Irish Mining
Company's Bills were read a third time.
Sir J. WROTTESLEY pre‘ented the Report of the Peniten-
tiary Committee.—Ordered to be printed.
A Bill was brought in to enable the Proprietors of the South-
wark Bridge to raise an additional sum of money, to be applied to
the improvement of the Bridge.—Read a first,. and ordered to be
read a second time.
Sir I. COFFI N said, he wished to correct a mistatensent into
which he had fallen last night. He was mistaken when he stated
that Sir Thomas Trowbridge was impressed—Sir Thomas was not
impressed, but he got in at the hawser hole and out at the cabin
window! Sir Donald Campbell, who commanded on the \Vest In-
dia station, was an impressed man, and
-111_1a_ that
The SPEAKER here reminded the gallant Aa i 1 there
was no question before the house.
Petitions were presented from various places, praying for the
Abolition of the Slave Trade, and in favour of Missionary Smith.
Mr. IIUAIE said, he had to present a Petition irons a person
named Saddler, complaining of the conduct of a Magistrate (Mr.
Cuckerill), in refusing to grant him a license for a house, which he
had taken and litt,-il up as a public-hou-e. Ile (Mr. flume) was
aware that, under the present system, it was utterly iqtp,,s,ible hut
that partiality and injustice must exist. The present case, as it ap-
peared to him, however, was rather a question for a Court of Com-
mon Law to decide, than for the Ilouse of Common:, and so he
had informed the Petitioner. The Petition, howeesr, was most
respectfully worded, and therefore he wool(' move to bring it up.
Mr. C. WYNN thought the Douse could do nothing in this case.
The SOL I C ITO It-G ER L said, if the Petitioner had sus-
tained the loss he represented, tlh: Courts of Law were open to
him, and would afford him redress.
After a few words from Mr. hoax, the Petition was withdrawn.
Mr. F. BUXTON moved the bringing up of the Marine luu-
ranee Bill.
Mr. ROBERTSON opposed the Bill, as being unnecessary.
Mr. GItEN FELL also opposed the Report being rcecived ; and
declared, if persisted in, be would take the sense of the Ilouse
upon it. lie contended, that this was an unjast measure, and he
called on the House to reject it now as such ; and he
Amendment, that instead of now, the Report should be received
this day six months.
Mr. Alderman WOOD also opposed the Bill, and advised his
Honourable Friend to postpone the discussion of it rill a future day.
Mr. ROBERTSON said, the Association at Lloyd's was de-
scribed as a monopoly; it was no such thing, there was not a fairer
competition in existence than that of the present underwriters; and
this Bill was wholly unnecessary.
The Gallery was cleared for a division—
For receiving the Report ...
Fur the Amendment ...

so
... 31

Majority in favour of the 13111 —l9
The Report was then received, and the Bill ordered to be read a
third time.
Ott the return of strangers to the gallery, Mr. Hume was found
addiessing the House on the East India Trade Bill, to which the
Hon. Member strongly objected ; and observed, unless the Chan-
cellor of the Exchequer consented to postpone the third reading of
the Bill until Monday, he must now take the sense of the House
upon it.
The CHANCELLOR of the EXCHEQUER defended the
Bill. The Honourable Member fur Montrose appeared to think
Bill was intended to give increased monopoly to the East In-
dia Company, there certainly was no such intention ; the object of
the Bill was merely to regulate the trade.
Mr. E 1,1. ICE wished his 1 lonourable Friend wotild withdraw
hi.oppthition to the Bill and allow it to pass ; and next Session his
Honourable Friend might try his influence with the Kist India
Company with respect to the Canadian trade. He was convinced the
Government was favourable to the object, if the Company could
be brought to consent.
Mr. BRIG HT opposed the 88% which was calculated to give
further advantages to the East India Company.
Mr. C. W YNN defended the rights of the East India Cornpan)'
to the exclusive privileges attending the trade in tea, and read ti:c
clause of the Act which gave them that exclusive right.
Mr. II U ME said, he was not at all convinced by the arguments
he had heard. He would mot, however, divide the House, but
would withdraw his motion. • The Bdl was then read a third time
and pa,se:Ll.
:%ir. SC RLETT brought up the Report of the Lancaster
County Courts Bill, which was received, and the Bill was ordered
to be r.:atl a third time on Monday.
RICHARD CARLILIL

Mr. HUME said, he-held in his hand a Petition from
Richard Carlile, complaining that now, after having
been in prison for upwards of four years, he was still
detained for his fines. The Petition said nothing of
the offence with which he was originally charged and
convicted; hot it complained that the Crown bad seized
his property, which he contended would have been suf-
fiAent to have paid his fines, and have left a surplus.
The Petitioner further went on to state, that he was'
subjected to severe deprivations in the prison, to which,
as a Crown Debtor, he ought not to be subjected. He
(Mr. Hume) thought the House ought to institute
inquiry into this case.
Mr. Secretary PEEL said, he had instituted inquiry
into the case of the Petitioner, and he felt it but justice
towards the Magistrates of the county of Dorset to say,
that they had conducted themselves with the greatest
propriety as regarded Mr. Carlile. The restrictions to
which Mr. Carlile had been subjected were brought on
him by his own conduct ; he had, during the whole of
his imprisonment, end...avowed to corrupt all the pti-
sutlers with whom he could communicate; and more
than this, he had given a written notice, that after a
certain day, he should consider his imprisonment as at
an end, and his detention as illegal, and should, after
that day, consider himself justified in taking the life of
any one who should attempt to detain him. When this
notice was communicated to him (Mr. Peel), he certainly
did advise the Magistrates, both as regarded the interests
cif Mr. Carlile, and of those who had the custody of
him, to adopt every possible precaution as regarded
him. He would take this opportunity of acquainting
the House, that Mr. Carlile's sister, ary Ann Carlile,
had been discharged, and her fine remitted.
Mr. HUME could not but consider Mr. Carle as having been
harshly treated; he was now a prisoner for debt to the Crown, and
as such ought to be treated as a debtor, and not as a prisoner
charged with crime.
After a few observations from Mr. W. SMmI, Mr. Pm, and
Mr. Hum; the Petition was received.
BREACH OF PRIVILEGE.
The SPEAKER said, he wished now to call the at-
tention of the House to a gross Breach of the Privileges
of the House, which had been committed soon after he
took the Chair. He was informed that the Member
for Winclielsea had, as he approached the House, even
us the lobby, been assaulted by a person whose. name
was Gourhty. That person was now in custody, and
he (the Speaker) waited the pleasure of the House as to
the course which was to be adopted.
Mr. BROUGHAM then proceeded to state the cir-
cumstance as it occurred. The Honourable Member
said, that he was passing through the lobby, when he

.
heard a noise, and some one ask," Is that Mr.Brisigliam 7'
and soon after he felt two slight blows across the shoul-
ders, and turning rF und, he saw a man near him, who
he recognised to be Mr. Gourlay, having seen him about
three years ago, when he applied to him (Mr. Brougham)
to present a Petition to the House for him. He now
addressed him, and exclaimed, " You have betrayed
me! " To what act of his this could apply, he (Mr.
Brougham) could not conjecture, but from what he had
heard of this person, and of his conduct at different
times, he was inclined to credit what had been asserted
of him, namely, that he was at times deranged. Under
these circumstances, be left the matter to be dealt with
as the wisdom of the House might determine.
Mr. Secretary PEEL agreed in the opinion given by
the Member for Winchelsea, that this unfortunate man
was insane.
Mr. IIUME thought very little room for doubt re-
mained on that subject. He had had occasional inter-
course with him on the subject of Petitions which he
wished to have presented to the House. The Honour-
able Member then proceeded to state various instances
of eccentric conduct on the part of Gourlay, especially
that of his having Persisted in breaking stones on the
highway as a pauper, whilst possessed of a good income.
Mr. C. WYNN suege,ted, that if the individual in
question was insane, he ought to be under restraint.
Mr. Secretary CANNING said, in a common case the
House would have proceeded to call the individual before
them, and hear what he had to say, but in this case it
would he u,eless to do so. He suggested that the most
expedient course to be adopted would be to detain Mr.
Gourlay in custody, until inquiry could be made, and it
could be ascertained what was the real state of his mind.
The llouse al:pealing to approic of this course, the
SPEAKER ordered that Mr. Gourlay should be kept in
custody accordingly.

SMITII, TIRE MISSIONARY.
Dr.LUSHINGTON tken moved the Order of the Day
for resuming the adjourned debate on the subject of the
late transactions at Demerara, as connected with the
late Mr. Smith.
The SPEAKKR having read the motion proposed by
Th. Brougham on the former night's debate,
Dr. LUSIIINGTON said, never in the course of his
public lire had he been so anxious to do his duty by
the cause which he had undertaken, and to vindicate
Mr. S.nith horn the charges brought against him. For
that vindication, and the conduct of the Court-martial,
he should icier only to the proceedings of the Court-
martial. Ile would never inquire whether the trial
was fair or other wise; but contend that, in every
sense, legal and moral, Mr. Smith was totally innocent.
Not so was the conduct of the Court-martial, which
was highly illegal. Whether or not the concealing of
an intended revolt of the negroes in Demerara was
high treason by the law of that colony, he would not
inquire; but he would shew that, even if it was, he
contended that Mr. Smith was totally innocent. The
principal charges were his concealing the intended
re-
volt, and his corresponding with the rebel negroes.—
The Court-martial hound him guilty of those alleged
climes, having acquitted him of any attempt to excite
the revolt. He contended that, from a comparison of
dates, it was impossible that Mr. Smith could have
I known of the intended revolt. Ilad he been acquainted
with it, he (Dr. Liishington) would admit him to be
guilty. He would court inqui•y, and desire the most
rigid examination of the evidence before the House,
which either acquitted Mr. Smith, or condemned the
Court-martial. He contended, that no evidence was
given on the trial affecting Mr. Smith, but that of negro
slaves. In all our West India islands their testimony
was universally rejected against their masters, because
they knew not the obligation of an oath, and becattse
they were actuated by hatred to the whites. Besides,
the black man, Bristol, was deeply implicated in the
rising, and surely no accomplice was to be believed
upon his own unsupported testimony, especially when he
acted under the fear of his own hie; for if he had not
given such evidence as was satisfactory, he was liable
to have been taken from the Court-martial, tried, and
hange.l himself. When, according to Bristol's testi-
mony, Mr. Smith told Quamina they ought to stay a
little,as the soldiers would be too strong for them,Bristol
swore that none but he and Quamina were present,while
Seton swore that he was present also. No man could
escape, if he was to be tried by negro testimony. If
Mr. Smith had said so to Quamina, he (Dr. Lushing-
ton) would admit, that he roust have had a notion of
the intended rising ; but Semn, a witness for the pro-
secution, said, he heard nothing about the soldiers.
Yet he and Bristol were the only witnesses against Mr.
Smith; for them was not one white man examined,
while the two negroes contradicted each other. He
went into mote of the evidence to shew that Bristol's
testimony was unsupported, if not contradicted by other
slaves. The slaves expressed their determination to
drive the Managers to the Courts, to know whether the
good law had come out, which would give them a day
or two in a week to themselves. This shewed that the
negroes merely meant to go to the Courts of Law to
see whether any such provision had been made in their
favour. Ilad they meditated a revolt, they durst not
have told Mr. Smith of it, lest he should have done that
Mk!' lie was accused of not doing, namely, have
mounted his horse, ridden to town, and brought down
all the military upon them. Besides, when the revolt
broke out, Mr. Smith went to Mr. Hamilton's, at his re-
quest, and remonstrated with the negroes, who ex-
pressed their distrust of him, because though he had
been their Minister, still his colour rendered him na-
turally their enemy. He could hardly conceal his indig-
nation at his Hon. and Learned Friend (Mr. Scarlett)
even in his absence, when he rested all the proofs against
Mr. Smith on the testimony of a contradicted witness
like Bristol. His Hon. and Learned Friend had said
that Mr. Smith had never attempted to prove an alibi ;
but, he would ask when the present Chief Justice of the
Common Pleas was accused of a rape on a Lady who
called to consult him at his chambers, what he would
have thought if the Chief Justice had attempted
to prove an alibi? If his Honourable and Learned,
Friend should be so accused—(A laug,k)—be hoped he
would not try to get rid of the charge by bringing his
clerk to swear that he was in the Court of King's
Bench, while all the time he was in his chambers in the
Temple. This was a sort of argument which never
should have left the purlieus of the Old Bailey. The
evidence of Mr. Stewart and Mr. Elliott, shewed that
Mr. Smith did disclose to them all that he knew, though
some white witnesses ran as fast in the race of perjury
as did the Blacks against him.—Mr. Hamilton proved
that Quamina and Jack saved his life, mindful as they
were of the doctrine which Mr. Smith had taught
them. What Mr.,Smith had said on that occasion,
could never be construed into a knowledge of the re-
volt, except in the slanders and calumnies in the News-

papers of that ►ll•fated Colony. Yet Mr. Smith had
been tried upon his actions, expressions, and private
writings, for the six previous years of his life. Where
was the man in that House who would trust his life to
such an ordeal? He was not one of those who wished
to prevent innocent amusements on the Sabbath
Day ; he wished all to be gladdened ; but above all in
a state of slavery they ought to be cautious how they
allowed work to be forced on that day. Yet, though it
was forbidden by law, the Negroes were compelled to
work on that day. Tl:ey complained of it, but received
no redress; and yet the witnesses proved that Mr. Smith

preached to them that they wore to do any lawful or
necessary work on the Sabbath. That was the true
doctrine of Christianity, and if he had not preached
against unlawful and unnecessary ►works on that day, he
would have been an hpo-,tate from the faith which Ile
had undertaken to teach. Mr. Van Houton, the attor•

ney of the estate of ltesouvenir, where the tevolt broke
out, had declared in his testimony, that the slaves ap.
peared to become more oteJient by the in,tructions of
Mr. Smith. Upon evidence like this did the Governor
of this Colony—to his eternal disgrace be it spoken
sentence Mr. Smith. No hone,t Judge or Jury would

have done so. Ile directly accused the Court-martial
of knowingly and wilfully giving a false verdict. In the
first place, tliey compelled Mr. Smi:h to plead before
he was allowed Counsel; secondly, they tried him on
offences done befi.re Martial Law was proclaimed, and
over which it could have no controul. In the neat

place, they ought not to have allowed the Judge Advo-
cate to make gene: al, instead of specific, charges. But
the Court-mat tial could not claim ignorance or law, for
they had the a-siAance of Chief Justice Rae, a Fellow
of Trinity College, Cambiidge, a Barriqer at 1.4 w,
and a fiend of the Ilnnourable Member for Peter-

borough, yet he did not protest against the illegal pi o •
ceedings of the Court-martial, and he (Dr. Liishington)
was aahamed of a man who had acted so unlike a Gen-

tleman of liberal education and an English Barrister,
or who had sullied the gown which he had had the ho-
nour of wearing. He blamed Lord Bathurst tor sending
his letter, and the Governor for allowing it to be tu-
moured that something good had been oidered to be
done for the negroes. Here was hope deferted, and se-
verity of punishment increased. Was not this enough
to rouse men against their oppressors? \Vas it not the
will of GOD that men should endure t 3 a certain point,
at which they turned round upon their oppressors? and
without that principle in the human mind slavery would
be universal. He then went into a detail of the Luba-
Titles which, he said, had been practised on the e•ta:e of
Resouvenir, and resistance to the orders of the Govern-
ment at home, for the better treatment of the negioe,.
He read a Demerara Paper, which he had received that
morning, in which the Rev. Mr. Austin, the Minister of
the Established Church in that colony, is designated as
" a wolf in sheep's clothing," and charged with having
lost his character, calling on the inhabitants to expel
him by all legal means, and to abstain from gosog
to oburch while he remained in the colony. This El..
per was dated the 27th of April last. Thus L'eveti months
had been allowed to elapse since the revolt, and yet
the spirit of intolerance was still raging—(ffem.).—
" The House will from this, (said the Learned .:s.d lion.
Gentleman) be ablz to judge what a malignant and per-
secuting spirit still exitts in that Colony. I could %hew
horn other documents (btit it is rot necessary) the same
spirit of hostility to ieligions education ; the same de-
termination to degrade the negro elm racter, openly, d,-:-
gracefully avowed in that. Colony. And, Sir, those opi-
nions will be to the humiliation and disgi ace of our tri-
bunals of public justice in the Colonies, unless this
House expresses in the strongest and most decided terms
its reprobation of such proceedings—(clear, hear.) It
you do not do this, you will let it go abroad that you do
not mean to govern your Colonies upon principles of
law and justice. An awful responsibility now rests upon.
his Majesty's Minister; and upon this House. If we al!ow this
question to go by without deep and serious consideration, we shad
let slip an opportunity not easily regained. The Right Hon. Gen-
tleman opposite (Mr. Canning), whose talents all admire, and
whose weight in this House and the country is noon issue, can mettle
the question at once—(Hear, hear). That Right lion. Gentleman
has hitherto stood forward as the friend and advocate of every mea-
sure introduced for the benefit of the negro population of our Co-
lonies. I call upon him to consider what will be the effect of nega-
tiving my Ilonourable and Learned Friend's motion this evening.
I call upon him to reflect upon the tt iumph that will be obtained ist
Demerara by such a proceeding. Let it once be known in that set-
tlenecut that this motion has been negatived, and the persecutors of
N!r. Smith will rejoice, the shouts of victory will burst forth. How
then is the complaint of the humble negro to be heard; how are
injustices, daily inflicted upon him, to be remedied? The conse-
quence of such a determination on the part of this House will be,
that the severity exercised to the region will be Licreased one
hundred fold; the cause of religion will fall to the ground ; Go-
vernment will lose its authority, and all the hateful and degrading
passions of man will be brought into full and unrestrained action—
(Hear, hear). I say, Sir, that we owe it to ourselves; we owe it
to justice; we owe it to him who is gone to render his account at
the bar of I leaven, to come to no decision upon this question, which,
as conscientious men, we cannot approve of as just and right—
(Hear, hear). I call then upon every man who hears me, not to
vote until he has fully sifted the grounds upon which the question
stands. I hope the decision to which we shall come will be in
unison with the voice of the country, and that we shall by our vote
this night, mark as it deserves an act alike iepugnant to British jut
rice and Ihitish feeling"—(Hear).
Mr. TINDALL commenced his speech in defence of
the Court-martial, so unmeritedly reproached by the
Honourable and Learned Gentleman. This was a new
question, and it was one in which, he admitted, the
public felt no ordinary interest. The offence for which
Mr. Smith was tried and convicted, was admitted on
all hands to be a very serious and a very grievous of-
fence; and he was prepared with authorities to shew,
that the punishment of death was the constant and the
only punishment with which such a crime was visited,
according to the law of Demerara—(Hear). It was
scarcely necessary for him to inform the House that the
law of Holland was the law of Demerara; and it was
as little necessary for him to call. the attention of
the House to the circumstance that the law of Holland
was wounded on the old Roman law. Now, Ile be-
lieved, that no one would for a moment hesitate to as-
sert, that by the ancient law, concealment of treason
was punishable by death. The authority of Hubert on this
point was unquestionable. His words were, that " ex-
amples existed, by which, if any person excited sedi-
dition, he must suffer loss of life; and the same punish-
ment must follow if any one knoweth of such sedition, or
is conscious of it." He was not standing there to vindicate
that law ; it was sufficient for him to see that death, and
death alone, was prescribed by the law of Holland. There
was another authority, Van Luin, a commentator on
the Dutch law, whose works had been translated in
1806, by authority of the Administration of that day.
He states that crime against the supreme Majesty—
Crinten Majeslatis—is the greatest crime that can be
committed in this country. Of tkis crime, those MC
also guilty, who, knowing of the treason, have not dis-
covered it—(Haar, hear). This system of law pre-
vailed over Europe, and it was quite clear that it was
much seveicr in its character than the law by which

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Mr. Smith was judged. Now. he humbly conceived '
that before the House came to the resolution they were
called upon by the motiOn to adopt, they must be satis-
fied ef the truth of one of either of these three propo-
sition,; 1 t Tina the punishment was too severe; 2d.
That the Court had not jurisdiction ; or, 3d. That the
conduct of the Court was partial or unjust--(Hear).
They most, he repeated it, trod he could not too strongly
enforce it upon the attention of the House, they mu t
be quite satisfied of the justice of one of these imputa-
tions, before they decided, that so gross a violation of
duty had been committed by the Court who tried Mr.
smith. The Proclamation for martial law was issued
ea Tuesday, the 19th of August, and on the 17th, the
alleged misprision occurred ; but on the other side, it
was contended that there was an extreme injustice in
subjectili to the provisions of martial law those offences
whica were alleged to have been previously committed.
As a geoeral proposition, he admitted the truth of this as-
sertioo ; but teas not ready to admit it without limitation.
1i it seas asked, are you prepared to call before a Court-martial an
individual charged with a felony committed in a preceding year?
be should answer, Certainly not—(Hear). But how did the case
stand? .slr. Smith was charged with arriving at a guilty know-
ledge on the 17th of August. The revolt took place on the 19th.
it %ea.; then that martial law was proclaimed ; but was it not a
Lax diaiaction tn %ay, that an offence committed on that 17th, out
ef which arose a revolt, that revolt on the 19th was to be regarded
a, a by-gone offence ?—( Hear). The Mouse would casserve, that in
pemerara there was no regular Court before which Mr. Smith
could be !nought for trial. Had he been brought before the planters
of Demerara, they would have beets judges both of the law and the
fact, with the selfsame Presidents who had been so unsparingly
aaluntouatledly accused—all of them intereated in the question—all
damn naturally anxious that the case brought forward for trial
should terminate in a conviction. Now he put it with confidence
to the ilause, whether Mr. Smith's chance of an acquittal could
Vs: ',oat, under such circumstances, equal to the ch aICeS he had
viler the unprejudiced tribunal by which he was tried? The House
vaail recollect that, with the exception of one iudividual, there had'
r a single pet son on the trial of Smith whose motives were
t I:::tispic'artss. There was one individual to whom his lima and
Lamed Friend, the Member fur Winchelsea (Mr. Burnham) had
;a:al.al, who cettainly had sonic slight interest in Ow sale of
,aia„ but unquestionably not sufficient to prejudice his juilonent.
altah misrepresentation had, in his mind, prevailed upon the coo-
that of Mr. Wray in this alfaiia lac had lung known that Gentle-
and he had learned to respect him for the amiability of his
ll:at:nets; he was known to both him and his easrned Friends op-
pate, aial never, until the accusation of partiality, had he heard
the diglaea imputation against hint, and tks charge he believed to
be utterly wiihout fundatin. Much hid beeu urged upon the il-
-1 of the leading nature of the questions asked ; and he
rust say, from a careful perusal of the evidence, that many more
le sting questions were :.seed fur the defence than for the prosecu-
lila, and the balance of whit was termed hearsay evidence gi•eatly
tlCLlaled on the part of the defendant. Then it was before a Court
ems constituted that Mr. Smith was tried; and here began the
aastion, whether Of out he had a fair trial ?—(llear)—and upon
to part us. 'he case he must be permitted to say, that his Learned
Ana llon. Friend (Dr. Lushington) had not used his habitual can-
aar. Ilis (Mr. Smith's) own concession had in it sullieiean to Con-
;icr him. He had heard a conversation respactitig " managers and
tew laws." The object of that coaversation he must have known,
‘a he never communicated it to the Governor. There were other
:cumstarcts cannected with this transaction of a very suspicious
tear.. The revolution broke out in Augast—on the 19:h of August.
It was heaAtel by the principal persons of Mi. Smith's congrega-]
r a. Mr. and Mts. South thought proper to remain in their own!
It ace ala' that pi, clod. Mr. Smith bad an opportunity—this
Lan liia own admission was evilest—uf communicatiaa the re•
s).:, the intended revolt, and lw had not made that conunuaieation.
ik did slot mean now to argue the queatiun whether Mr. Smith was
iguihy or innocent? but ht, meant to say, was this case butliciently
out by the evidence given before the Court, to satisfy it of
Smith's guilt? And would it :tat he the hardest thing possible,
aialaut hearing the members of tint Court—without hearing those
a:., led the prisoner, and le:.:•thiog from them what parts of this
aadence influenced their minds—would it not, he asked, be the
haalest case possible to pass a vote of censure on thirst: honourable
vaiiins, and can‘ian theai to ignominy for life?—(The Learned
tiatieman sat down amidst considerable cheering).

Mr. J. WILLIAMS said, that his Honourable and
Limined Finnic', for whom he had the weatest respect,
aud the mildness of whose reasoning formed so striking
a contrast to the proceedings which he had undertaken
to vindicate, had thought proper, in the commence-
ment of his address, to stare that this question was en-
tirely new—and he (Mr. Williams) must be ',ermined
to add, that one line of the defence furnished by his
ilonoarab;e and Learned Friend was at least equally
remarkable for its novelty—(llear) for neither in the
itboured researches of the Colonial Sect etary, nor in the
ingenious reasoning of his Honourable and Learned
Friend the Member for Peterborough (Mr. Scariett)
%Ns the: e any allusion to that obscure law which his
Honourable and Lt-arned Friend had brought into the
conflict to-night. To the stores of the Dutch commen-
tators learned in the law, the Deputy Judge-Advocate
had never dreamt of referring; he contented himself
rtrh applying to the authority of Mr. Justice Black-
stone—he appealed to the provisions of the Mutiny Act
—but never until this night had it occurred to any one
to resort to the subterfuge to which his Honourable and
Darned Friend (Mr. Tindall) had recurred. It was upon
Air. Smith's own admission, and ui,on no other evi-
dence, that he was at all inculpated at Demerara or
maligned in England ; for the testimony of Sewn went
no further than to charge him with not snaking known,
on the Sunday evening, at six o'clock, a revolt that was
open and notorious at half-past four on the same
day. The evidence of Bristol and Manuel did not
bring home to Air. Smith any cognizance of treason.
lie would admit that it. was nut necessary that treason
should have been completed in order to implicate a
party in the misprision of it ; but still it was essential
that there should have been a disclosure of treason
for that purpose. ]fete there was no disa
Ile denied that Mr. Smith was acquainted with any
complete or specified treason on the part of the Negroes,
Lor could the evidence be so distorted as to make such
appear. The Honourable Member here entered into a
strict scrutiny of the depositions of Bristol, Manuel, and
Peter, and from which he inferred that there was no
proof of treason having existed. The conduct of the
Negroes was no mote than an indefinite and undigested
plan for the amelioration of their unhappy condition.
Jr. Smith's behaviour throughout was uniform and
consistent ; not an expression nor an action was attri-
buted to him but such as discouraged and discounte-
nanced all attempts at violence. lie (Mr. Williams).
challenged any Honourable Alember to point out any
cot cet tcd measures or specific scheme to overturn the
-elision or the government of the country, in which
kit. Smith had been concerned, and therefore he could
*-,t be charged with nriptision of treason, and it was
7!lerefure a scandal to turn him over Lobe tried by such
tribunal as a Court-martial, w hich was a satire on 14w,
.7:d a condemnation of the country where it existed.
Aese legislators, who had been eulogised by his Hon.
tend the Member for Peter borough, were so happily
versed in the laws they were called on to dispense, that,
tv, ithstanding one of them had been described as a
kcflow (1. Trinity College, Cambridge, and might there-
t,re, according to his Learned and Honourable Friend's
be supposed to have some knowledge of law.
--yet, notwithstanding all this, these humane judges
cl Mr. Smith had forced against him a portion of
What he had said, yet they refused to hear him in
exilanation of it—(Clies of Hear, hear, hear").""''
Tilt whole chitue agiiust Mr. Smith was, that be had heard of

something like a plan which might perhaps have been enforced at
some distant period, unless their grievances were attended to, yet
his Judges had imputed to him a desire to revolutionize the Co-
lony, of which he was to become Emperor, and to have a black
Administration ender him ; but front all that he had ever heard of
Mr. Smith, if indeed he did dream of kingdoms, they were not
kingdoms of this world—(Hear).—His demeanour was humble,
modest, and retiring. Yet this was the man who was accused of
dreaming of empires. " Imperiumfasces legions." These sapient
Judges also found Mr. Smith guilty of the first charge, but ac-
quitted him of the intent, which was the very essence of the
charge. Gun defend hint front ever being put on his trial before
such Judges—such Fellows of Trinity College—such Daniels, or
rather, he would say, &acmes and Rhadainanthuses—(Hear).—
The Deputy Judge Advocate of Demerara had also studied law
so conveniently, that he had declared that the fourth charge was
satisfied, by its having been proved that Mr. Smith was in the
presence of Quaniiirt on the 19th of August. The, persecuted
individual has been summoned before another tribunal, and before

a more lenient Judge than those who tried him here. It should be
remembered, that it was two months after tranquillity had been re-
stored, when no necessity existed, and when matters were dail; '
continuing to improve, that he was brought to his trial—atter time
bad allowed the passions to grow cool, and the laws had resumed
their accustomed fume, was he causelessly tried and sentenced,
when there was no necessity for such an act : for necessity is the
plea of tyranny. His Hon. Friend ( Mr. Tindall) had forgotten
this circumstance in the course of his argument. The second charge
against Smith was, that he met Quamina on the Wednesday before
the insurrection, with the intent to give it his assistance ; but this
was tint only without proof, it was against all the evidence which
had been brought forward on the trial. The conduct of Smith was,
on the contrary, invariably, and without the shadow of turning, to
dissuade and drive from such a purpose, if such a purpose were
communicated to him. lie (Mr. .1. IVidiains) would pause fur
a moment to declare his rooted opinion, that it was not Mr.
Smith who had been attacked in the present instance, but it was
all instruction, all religious instruction, from a belief that the mild
principles of Christianity, and the principles at which human na-
ture shudders, could not long endure together—(hear, hear, hear.)
Ile would ask, how did it hap;:to th:it Smith should have been per-
secuted, and I Ismiltun spared? It was because he was no Mis-
sionary, and had no partiality except for additional punishment;
yet he, who taught nothing, whose only instruction was torture, hal
been spared, while the other had persecuted to death. If it
were ladeed true that the Colonies could not be preserved but by
the continuance of ignorance, then he would say, tear down your
Chapels, recal your Clergy, and burn your Bibles ; but if it were,

on the contrary, proved iiiar instruction.was the only means to ame-
liorate the condition of the stave population, then he would say, do
not let us, because on the other side of the water an idea prevails
that slavery and n-ligion cannot exist together, give our sanction to
an act of gross injustice.
The ATTORNEY-GENERAL was ready to admit
this to be a most important question. He did not think
it necessary here to acknowledge that had he sat upon
this Court-martial upon the evidence ;as it now appeared
upon paper, he should have come to the same conclu-
sion they bad done—(Hear, hear). But the persons who
sat on this Court-martial, were persons of high honour
and integrity, and it was not sufficient that this Court
had come to a judgment in the filament of danger dif-
ferent to that which, on revision and consideration, the

House of Commons, sitting in perfect safety, would
have come to; let Gentlemen look at the state of De-
merara, and the danger to which the Whites were ex-
posed, and then say if it was not the duty of the Governor
to act with vigour. The safety of the white population
was at stake, and Martial Law was proclaimed. It was
acceded that this was a necessary step, but it was said,
" Oh ! but the rebellion WAS put down, and so ought,
Martial Law." He was prepared to contend that
we, at this distance from the „spot, were not capable
of judging of that circumstance : the Authorities of
the Colony alone could judge of that. The Gover-
nor, in one of his dispatches, said the disturbances were
put down, but the negroes were still sullen and brood-
ing over their disappointment ; and though anxious
to get lid of Martial Law, he considered it unad-
visable at present to put an end to it. Could the
Honourable and Learned Gentleman say, that we, at
this distance from the spot, were better able to judge
of this fact tlian the Governor was? The Honourable
and Learned Gentleman then proceeded to comment
upon the formation of the" Court-martial, and on the
conduct of Mr. Preadent Rae. Much had been saii of
heat say evidence having been received. Why hearsay
evidence would have been received by the ordinary tri-
bunals ; and although we, attached to our own institu.
tionc, felt indignant at such a course, yet every lawyer.
knew that in most countries, and amongst others in'
France, hearsay evidence was received by ail tribunals.
The Learned Member then proceeded to docribe the constitution
of the regular Courts at Demerara, a majority of the members of
which were planters ; and he contended, that to have been tried
before such a Tribunal would have been a great disadvantage to Mr.
Smith. Next, as to the law of mispri-' of treason, was not his
Honourable and Learned Friend aware, that misprision of trea-
son, by the law of Demerara, would not only subject a person to
death, but to a cruel death? Now, did Mr. Smith know any
thing of this intended insurrection? Look at his own let-
ter, in which he says, " I knew that something was in agitation,
but I did not consider it right to ask any questions." Now, after
this, could any person doubt that he was aware Of their intention ?
(Hear.)—lt was plain he knew of it; but what was his defence?
why, that he wa, so alarmed and agitated he did not know what
to do. Now did his letter indicate any such alarm? Certainly
not. Next did he, when he had obtained information, take any
step for the purpose of giving information to the Governor or
Overseer? Ile knew at six o'clock that the rising was to take place
at seven. At six he walked out with Mrs. Smith. Which
way did they go? Towards the Overseer's house, half a mile dia.
tant ? Oh, no! they went directly the other way.—The lion. and
Learned Gentleman proceeded to comment on the evidence, and to
draw a conclusion from it that there was full ground for justifying
the Court in coming to the judgment they had done. Looking at
this evidence, through the medium of the notes that had been pub-
lished, he might not, perhaps, pronounce the same opinion on Mr.
Smith's caik th:.t the Court at Demerara had done; hut he did be-'
hese that that Court had been perfectly impartial, and strenuously
desirous of administering justice between the country on the one
hand, and the prisoner on the other—(Hear, hear.)
Mr. WILBERFORCE rose amidst loud and long-
continued cheering, but the Honourable Gentleman was
almost inaudible in the gallery. He began by saying,
that after the able arguments which had been so forci.
bly urged upon the House by his Honourable and
Leal ned Friends, he would not, by attempting to com-
ment upon the particular facts of this matter, weaken
the powerful impression which these arguments must
have produced upon the minds of all men who heard
them—that a more unjust and shameful violation of all
the great principles of law, religion, and humanity had
never been committed, than had been committed in the
case of 31r. Smith—(heer). The course which had
been pursued by dis e able men who had in that House
endeavoured to sustain—the defence he would not sir)
—but who had attempted the palliation of the conduct
of the Court-martial had been this—they had addressed
themselves to one or two particular facts out of the
immense number which had been adduced to shew the
partiality of the conduct adopted towards this much-
wronged and excellent Minister; and if there happened
to be parts in which that partiality was not quite so
glaring and apparent as the others, they cot.tended, upon
the strength of them, for the entire acquittal of the
Court-martial and the Government of the island. It
was to be remembered that for many years the pub-
lic prints (of the colony-)—had been constantly ex-
citing the strongest prejudices against Mr. Smith
and his usefili and pious labours, by a persevering
course of unvaried calumny. And this was not the
least of the many and cruel disadvantages with which
the unfortunate Gentleman had to contend upon his
trial. And here it might be allowed him (Mr. Wilber-

force) to tell the Honourable and Learned Gentleman:,
who spoke last, that he had omitted out of his argu-1'
ment one very material consideration indeed; for were
it possible to imagine that all Mr. Smith's judges were
as devoid of prejudice as could hate been wished, he
had still to complain of being tried under the mutiny
law, and by a Military Court ; for had he been tried by
the ordinary Courts of the colony, he would have had
the benefit of an appeal to the tribunals of this country.
In his situation, he (Mr. Wilberforce) certainly would
have preferred to be tried in some way that would have
given him the benefit of an appeal from the cruel and
eppressive treatment to which he was subjected
(Hear, hear.) Again, it was impossible to conceive
anythingmore unjust, or more oppressive and objec-
tionable than the evidence taken before the Court-mar-
tial, and the manner in which it "was taken. Here
the Honourable Gentleman objected to the manner in
which Mr. Smith's journal had been seized and used
as evidence). Ile should like to have seen what would
have been the indignation excited in this couatt y,
in the public mind, and particularly in that vene-
rable body with which Mr. Smith was connected (the
Missionary Society, by such violations of all the pi i-
vacies and retirement of domestic life, and ell the de-
cencies of moral society. What would have been said
by that venerable body to which he was adverting, con-
stituted a, it was for the defence of the religion of the
country, when they found the Judge-Advocate, for
example, expressing himself in terms of concern that
Mr. Smith would not allow, in tact, the sl Ives to vio-
late the Sabbath ; and would not iiitroducea religion

better adapted to them and their habits? What would
they have said here in England, if that passage of %lr.
Smith's journal had been brought before them, in which
it was recorded that one of the man igers in the Co-'
Tony of tkrne,ara had flogged a Christian slave, merely,
as it was admitted, to spite the Minister ?—(Hear, hear.)
Or that other part, where Mr. Smith had written thus:
—" My very heart flatters at hearing this almost inces-
sant cracking of the whip." But the case for the de-
fence of this Court-martial, aid its proceedings, had

really been argued almost to an admission that persons
%IA) lived in these colonies acquired particular feelings,
and habits, and characters, different from those4which
persons possessed in this country. Why, therefore the
properties and liberties of individuals who resided in
then) were very likely to be well considered and pro-,
tected by tribunals so composed—(Hear, hear).—But,.
in truth, this was another argument in favour of the
benefit of an appeal. It was in vain for the House to
be told that the individuals who composed this Court-
martial must, of course, be unprejudiced men ; for he
and his Honourable Friends well knew that both naval

and military officers acquired habits, and feelings, and
opinions upon the slave question, and all interference
with it, which did vitiate their judgments to a great degree.
It was notorious, also, that 40 years ago, before any of
those ameliorating statutes that were now in existence
had passed—statutes by which the condition of the
islands and colonies was allowed upon all hands to have
been so vastly improved—when all those abuses and
oppressions which at that time disgraced the West In-
dies were in their full vigour, there were not wanting
Judges, and Genes al, and Admitals in Englane, a ho de-
clared, from their own experience and observation too,
that the system of slavery and slave management in the
West Indies was as perfect, and as proper, and as free
from all objections as possibly could be—(A laugh).
He himself bad often heatd a naval commander—a
most .highly valued friend of Isis, a just, a wise, a
grave, and a good man—who bad positively cloned his
approbation so far, as to express a w ish that be was one
of those slaves himself—(A laugh, and cries of" Hear").
Local influence and conversation gave to these gentle-
men's views a tincture of moral distortion. Upon the
present painful occasion, it was some gratification to
find that the: e was no individual in that anise who had
undertaken to defend the conduct, and still less the
sentence, of this Court-martial; and not one who said
he thought that Mr. Smith was guilty of the crimes
imputed to him—(f/car). For although Gentlemen
opposite were for putting the whole issue upon mispri-
sion of treason, yet it was to be observed that the Court-
martial imputed to him that he had really formed a
design, and prosecuted it for many years, of foment-
ing discontent and dissatisfaction among the Negroes,
had advised concerning an intended rebellion with
ne .ro slaves, and had harboured rebels—(Hear, hear).
Now, he did believe Mr. Smith to have been at any
rate a rational man—that he was a holy and excellent
man he had no doubt. But bow could a rational man,
under the peculiar circumstances of this colony, have
ever formed any such designs—formed, as they were
supposed to be, to effect his own destruction and that of
every white family ? But if the House gave him credit
for those attainments which he was known to possess,
how much was the imptobability of the whole story in-
creased ?—That a man of talent, who for a number of
years had exercised himself in a course of conduct and
of duty exactly worthy of that highest of all moral
stations, a Christian Missionary—a man, of whom he
would only say that his life had been equal to his sta-
tion—( Hear)—how a Minister who thus fulfilled his
calling could have wickedly engaged in a cause fraught
with consequences from which the must wi:ked men
alive would have shrunk with honor—this was a para-
' dsix to him (Mr. Wilberforce) inexplicable. But if .he
was weak rather than wicked, his foolishness appeared
even yet more incredible. Where was his hope of safety
in any event ? In the event of the success of an insurrec-
tion, in which he had been:described to haveso busied him-
self; could he really have ever imagosed that the colony
could resist the whole force of this country, which would
have been employed, if necessary, for its recovery? (Hear.)
Was it possible to believe this? Was it possible not to
observe, from first to last, the curious ingenuity, worthy
of any grand inquisitor that ever graced the Holy
Office, after being well disciplinedin all the casuistry
of the Jesuits, that pervaded throughout the whole pro-
tees the conduct of the Advocate-General ? Everything
was tortured to his own view of the case, particularly
in adverting to the passages selected horn Mr. Smith's
• Journal; every unguarded expression that be might
have used at any time in his life was arrayed against
him by this officer, with a degree of cruel malignity that
never was exceeded. The Hon. Gentleman then ad-
verted to the recent resolutions passed by the House of
Commons, in favour of the slave-amelioration, arid edu-
' cation ; and contended that the principles advanced
by the Advocate-General, and those which were pro-
. mulgated in the Demerara Gazette, (a paper tinder-
stood to be directly patronized by the Colonial Go-
I *eminent), were in direct and unseemly opposition to
the recorded sentiments and intentions of that House.
He then added, that unless the motion of his Honourable
and Learned Friend were complied with, all the mea-
sures on behalf of the negroes, and with the view of pro.-
viding them with a religious education, would be ten-

dered nugatory. He remained firmly convineld that -
this' good and excellent man, Mr, Smith, had not
the slightest knowledge of any intention on the part of
the negroes of Demerara to revolt. The Honourable
Gentleman pronounced a warm ettlogt up•n the cha-
racter and the virtues of Mr. Smith ; and pre•sed upon
' the House the testimony of Mr. rtistiol as that to hich
they should attach additional value, t Ofil the circum-
stance of his having been at first pteithiick.d against that
Gentleman and hi, labonis, and being site. ,t ards con-
vinced of their vast. utiiity by inquiry and'exatitination ;
and finally, atter animadverting on the cruelty of Mr.
Smith's imprisonment, especially Ittt,king to the de•
dining state of his health,which wasevii,cea by hits speedy
death alter a short confinement, t:le 11=ii.ourabie Gen-

demati declared his intention of ippor Lug the resolu-
tion of his Hon. and Learned F. iend (Nlr. lhoughain).
Mr. Secretary C A N NING—" Sir, n hatever eiffeience
of opinion, or whatever shades of difference the,Houte
may entertain as to the vote to which they ought to
come upon this ques:ion, there is one point in which all
must agree—that it is one oldie most painful that could
possibly engage their attention—(Elear, /rear).—lnJeed,
I scarcely recollect any question of %%Inch I could say
as I can of this, that there is no single part of it on
which I can reflect with satisfaction. I differ from my

Ilon. Friend upon one 'point, though I admit that he
hac generally placed the question uvon a for issue. I
deny that the noose is obliged, on one hand, to defend
every act of the Court-martial, or, on the other, to

conclude that the unfortunAte Gentleman who forms

the subject of this discussion, is entitled to the considei a-
Lion and character of a martyr—(llear, heat).-1 dis.
claim t.0..11 those extravagant opinions—(Hear)—and I
hope to shew to the House, that they can exercise their
duty in this unhappy case without committing them-
selves in either ext:avagance. It is one of the common
' artifices of debate to attempt to throw on the Givern•
meat, as the Iloneurable and Learned Gentlemen has

clone, the task of proceeding step by step throutth the
whold of this anomalous and difficult case. I ‘do not

hold that I am hound to such a courbe; and differing,
as I do, from the honourable and Lem ned Gentleman,

I hope to chew that my dissent is peilectly cinksistent
with justice; though I shall not i,limtify my opinions
with those for which Nlr. Smith was uied,. nor with the

sentence by which he was condemned—(llear). The
charge which the Honourable and Leat ned Geotleman
had brought forward, turned first upon the incompe-
tent juri diction of the Court; secondly, the illegality
of the proceedings; and, thirdly, the violence and in-
justice of the sentence. It has been said, that no one
can oppose the Resolution who is not prepared to main-
tain the guilt of Mr. S Liar. From that opinion I also
dissent, though I ful:y admit the talent which the Hon.
and Learned Gentleman has shewn, and concur in.
thinking that the country is indebted to him for having
brought the subject under the consideration of Parlia-
ment. But with all those feelings in my mind, L have
no difficulty in stating, that of the crime, call it what
you will, with which Mr. Smiths was charged, of con-
cealing a danger from the knowledge of Government,
which he knew to have existed, is one of which I
cannot acquit him—(i. ear, hear, front the Mini Aerial
Benches). I ascribe no motives to lOs conduct, but the
fact itself; such is my conscientious After
the most painful and lahot ions itivesugation of all the
documents that were calculated to t- :row upon
the subject, I declare noon my honour, that 1 tl itik he
knew that which, it he had known its evil clots acLer, he
ought to have told ; and which, it he had but an in oinary
portion of discretion, he must have known to he mis-
chievous—(!hear, ht ar.fi nu the iUuaiateriat Beaches)._
Whether the remains of the original Dutch Cullom'.
tion, or whether the nature of Coto ts-martial w at ranted
the punishment which was assigned to the offence, I
have not the knowledge to deciale ; but when I am asked
to inculpate the Court-martial in a crime of minder, I
must inquire whether they had any ioccedents to war•
rant them in the course they tuck, and I must hear the
defence which they are capasle of making. It is a very
different thing to agree to the condemnation of a Court-
martial, in the terms of the motion, and to defend the
sentence which they thought proper to pronounce. If
I were to defend that sentence, I must, as part of the
Executive Government, make myself responsible for
its legality ; but it is already known to the House that,
on the review of these proceedings, the Government did
not hesitate for a moment to annul the sentence—
(Hear, hen r).—lint I cannot, as a Member of Parliament,
condemn that tribunal unheard. It is one mitigating
feature at least, in the conduct of the Court-martial,
that, in pronouncing sentence, they allowed the pri-
soner the only benefit to be found in the law of De-
merara, I mean, the advantage of an appeal—(Hear),
They accompanied their sentence with a recommenda-
tion to mercy, not in an occasional way ; not in a
manner that might be passed over negligently or
lightly, but attached as it were to the sentence, and
thus urged with a force that carried with it its own exe-
cution; for it is not to be supposed 'that an appeal to
the King in Council, sitting in the light and libel ty of
this free country, could have refused to compli.with a
recommendation so urged and so applied. It is no fault
of mine, if I am obliged to resort to conjecture, to ac-
count for the ptefet cave which the Court-martial gave
to a severe course, rather than to a mild one. Many
may ask why, if the sentence was accompanied with a
recommendation to mercy, they did not enact some
milder punishment, omitting the recommendation?...
Why transportation from the Colony, or imprisonment
were not inflicted? I account for it in this way, that
whatever other punishment they might have assigned,
could not have been delayed, and that by choosing the
severest sentence, they satisfied the inflamed feelings of
the Colony, which I do not pretend to disguise; and at the
same time provided for the rescue of the individual.—
When first Mr. Smith was taken up, application was
made to the Government here, to deliver him from Co-
lonial prejudice, and bring him home to trial ; a letter
was dispatched, in consequence, by the Secretary of
State, requiring, that if proceedings were not yet com-
menced in the case of Mr. Smith, he should be sent to
England. The note did not arrive in time, and there-
fore was not acted on. But where is the fault—if fault
there be, when proceedings were commenced before a
competent tribunal, when there is no reason to.presume
the existence of malice ? %There ig the fault to justify
such a censure as now proposed? What reason js there,
agist: ate, .your will
nwohtepneirtmi tiht e
hisase .of an ordinary
that
tc;iontel called into question
without some proof of
ni
e„
ti
requiring similar
bunal with the heavy censure of Parliament? The
proof, in this instance visit the Tri-
ci
Tri-
bunal in the Colony by which he could be faiAlz.tried,
more you press the argument that there Was.Po
the more was the Government justified in taking him
out of the hands of the Colohial Tribunalkand .p4acios
him In a situation to- be tried- by euesr *sweated with