The Statesman.
London, England, 1810-04-04 00:00:00

goanti y of the evidence given by the different
Officers of the ship on the trial, and made slight
imineets in explanation as he went along.]—
Every thing, said he, in this evidence oppresses
the mind. It is dreadful to think that such acts
can result from putting authority into unfit hands;
yet ties man was raised to a higher rank. I must
suppose, fur the honour of human nature, that
his offence was net fully known. [Hear, hear !
from the Treasury bench.] ‘Vhitt must have
been the thought of that wretched man, much
snore wretched than the being whom he had crush.
while he knew that he was languishing without
food or water, without clothing or shelter, in a di-
-mate fatal to life! No—this crime must not pass
Away : this was no question of political interests
—nothing on which wise or good men might disa-
gree; it was the cause of the seaman and the sol.
Bier ; it was his cause ; it was their's ; it was the
cause of all—the cause of Justice—the cause of
Nature, that sacred and holy sensibility, whose
movines cannot be checked without a crime. It
now remained with the House to consider whether
the offence, of which a mere outline had been de.
tailed, was not one which ought to be prosecuted
by the Law Officers of the Crown. The lion..
Baronet concluded a speech of great eloquence and
power, by moving, 66 That a Committee be ap.
poiuted to take into consideration the Papers rela-
tive to Captain Lake's Triat, autl report upon the
same."
'rhea CHANCELLOR of the EXCHEQUER
rose, not to repress any of the feelings of bison-
very which the Honourable Baronet had evinced;
be merely wished to submit to the House one ques.
tion, namely, whether there was any practicable
utility in the appointment of a Committee? He
wished to assume all the propositions which had
been laid down by the lion. Baronet except one,
which was the evidence of his having committed a
murder. Captain Lake effete to have known that
the islandseas uninhabited; there was little shade
betwe, is the belief and disbelief of its being so.
One thing at least was evident, that it was an act of
the wettest cruelty and wantonness. He admit-
ted, that the decision of the Court amounted only
to finding him guilty of a misdemeanour, on the
supposition of his being pied by a Jury ; and if
it appearetein evidence, that he was guilty of thein.
tention,without completing his purposc,such would
be the decision. He trusted the House would not so
far mistake the nature of the law, that after an in.
' fiery already decided, they should proceed to in-
stitute another. On this case a Court-Martial
ha egiven its verdict, and had inflicted the severest
punishment which could be iallicted for such an
olTence. if it was the opinion of the House that
this punishment was slot a slight one, what octa.
sion was there for its going into a Committee ?
From what fell from. the. Hoe. Baronet, he seemed
to theik that the man lost his life in consequence
of being left- on the island. This might be the
case;' but, in support of such an assertion, no
proof can be found on evidence. The paragraph
its the American Neespaper had been mentioned;
he perfectly agreed that it was not quite sufficient
proof of the existence of thc unit appy individual;
but, in the case of common law, it should be re.
collected, that on a prosecution, 110 one can be
timid guilty of murder, .without a- positive proof
of the fact ; without it, lie would positively assert,
no Judgelould allow a Jury to convict. There ,
wait no ground whatever for instituting a trial for
murder; the evideace which. had been adduced
would retli._r secure an acquittal than a condemag.
tine ; if the carcase, or any remains had heir
found, then such a trial might with more safety be
instituted. [Hear, heart] He bad no.objection
to en inquiry by CoMmittee, if throtigh it any'
further proof could be obtained. 110 did not
think the House should convert its Committee
into a Grand Jury. The preferable mode of pro.
c,exling would be to direct the Attorney-General
to prosecute. if Jefierics should ever return, he
might indict Capt. Lake, and obtain damages for
the losses he had sustained. The lion. Baronet
bad adverted to abuses relative to the management
of West India Stores ; he did not think it proper
to blend different proceedings, the moreespecially
as an inquiry into this circumstance had already
been instituted. Hu hoped the Hon. Baronet
would consider these circumstances, and con.,
eluded by saying, that ho felt it his duty to vote
against the Motion.
Mr. WHITBREAD said, that the Right Hon.
Gentleman appeared to have forgotten that the
motion of the lion. Baronet went farther than
the mere case of 'Capt. Lake, and that a part it
it was, that those papers should be laid before thee
Committee to report upon them. He should wish'
very much to know whether the Admiralty had
taken any step with respect to Sir Alex. Coch.
rane, whose case appeared to him to be folly, as
important as that of Capt. Lake. The Hop. Ba.
route (Sir F. Burdett) had stated the case as re.
spewing Capt. Lake with the greatest temperance.
soul moderation, and had not sought in any manner
ti aggravate it. His simple statement of thecae,
had made a considerable impression on the Ilona;
and if tiley thought the cruelty of Capt. Lake to be
so great in sending a man on ihore- on an island:
which he did not know whether it was inhabited
or not, what would the (louse think of Sir A.
Cochrane, who, knowing that the island was ewe
iehabiteil, still conceived that a simple admonition
to Captain Lake was punishment enough for'such
ettresee cruelty ? The responsibility extended
thrunghout the whole line of the service; and
the Admiral, who conceived that such a crime
ought to pass unpunished, was himself-deeply res.
ponsible. The Admiral appeared to him to have
entirely deserted his duty, when, kneeing this
transaction, he. allowed Captain Lake to lie pro.
:noted, and given a ship el higher rank than he had
before. He, therefore, thought that the Admi:
rally would not do its duty unless they were to
order some Proceedings 'against Sir A. *Cochrane.
The Right Honourable Gentleman (Mr. Perceval)
bad spoken with musty proper feeling upon the
prawn' question ; but he still doubted much tele.
thew a man tried once before a Coureenartial,
eiuelfl be tried 'pia at law for this same offence.
Tee sentence was certainly eery lenient; and be
roust ally, that there were often acquittals end.
WficliOcie ilia Vcrr 41411t95t 4t which nu chock,

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