House Of Commons, Friday,...
The Times, 1824-06-12T00:00:00

The gallerv was open to-day some time betore two, aan In leSs than an hour there was not a seat iR it unoccupied, by strangers anxieus to hear the adjourned debate on Alr. Brougham's motion. The SPEAKER took the chair a few minutes before four o'clock. The Royal Irish mining company bill was read a third time, and passed. Petitions prayin- thehouse to inquire into tbe trial, and to rescind the sentence passed on the late Air. Smith the missionary, were pre- sented from Cheltenham, Glastonbury, Biggleswade,Aylesbury, and '?7isbeach. Petitions againstislavcry were presented from Honiton, Haver- fordwest Epsworth, Wigton, and Chester-le-street. On tbe motion of Mr. DICKINSON, there was ordered to be laid before the house, a return of all sums of money borrowed by counties, from the year 1792 to 1823, setting forth how they were applied. Also an accoant of all sums of monev received by Clerks of the Peace for counties in the same time, from keepers of lunatic asylums on the renewal of their licences; and an account of the securities in which sums were in- vested: also an account of the sums of nmoney received by the Kin-'s Bench and Fleet Prisons, from several counties for the re- lief ofooor debtors, stating how the same were disposed of. Sir f. COFFIN rose to correct an error into which he had fallen last night2 respecting some Captain or Admiral in the navy who had originallv been impressed into the service. Admiral Sir Donald Campbell, who died in the *West Indies, had been in early lifeso impressed. The gallant officer was proceeding to make some other additions to his last night's speech, when the Speaker havinc reminded him that there was then no question be- fore the house, he resumed his seat. IUr. WODEHOUSE postponed till AIonday his motion for re- ferrine the Nortolk petition respecting the removal of the spring as- sizes from Thetford to Norvich, to a select committee. COMlPLAILNT AGAINST A MAGISTRATE. ilfr. HUAME rose to present a petition from a person named James Sadler, of the Edgware-road, complaining ot the injustice done to him bv a magistrate of the coanty, in the refusal of a licence for a puiblic-house, for which he' nad applied. When the petition w.a placed in his (MIr. Hume's) hands, he inform- ed the petitioner that for such a complaint as this, the courts of law were the msost proper place. This he did not deny, and added, that he had already commenced a prosecution against the magistrate (S. P. Cockerell, Bsq., of Westborne-green,) for having violated a clause in the act of last session, which directly prohibited any magistrate from sitting on the Bench to decide on any petitition for or against a public-house licence in which he had any interest. Thse petitioner charged Ur. Cockerell with being a sur- veyor and agent to the estate on which a public-house was licensed, whbich he (MIr. Cockerell) favoured in opposition to the lionie for a licence for which petitionier applied. The petition stated that AIr. Cockerell sat on the Bench and voted: that the numbers were eight to eight, and petitioner's application was rejected by the casting vote of the Chairman; and that had not lr. CoCkerell most inpro. perly as was alleged) inerfered where he had no right, the votes would save been 8 to 7 in favourof petitioner, and\be would have ob. tained his licence. In consequence of what he (Mr. HIume) said on the occasion, the petitioner expressed his intention of going before a court of law, but he was anxious to have this petition presented, in order to let the houseseethestate ofthepractice as it now stood under this law. As the petition was very respectfully worded, he could not refuse to presentit. He had informed thepetitioner that the house could not in strictness take cognizancc of it; but he would present it, and let the house deal with it as it thought fit. The petition, after stating the facts of the case, prayed that the house might call Sir R. Blirnie enld Thomas Halls. Esq. magistrates of Bow-street-offlce, to the bar, to give evidence ot the truth of the most important statements it contained. Hemoved tsatthepetition be broughtup. Ar. C. W. WYNN said, that from the statement made by the hon. member, it did not appear that this petition was for a repeal or alteration of the law, but to set forth what tbe petitioner considered to be his own grievance, and to call upon the house to investigate the cas As the petitioner was about to avail himself of the aid of the courts of law, the proper places to which such an application should be made, he did uot think that the house was callUe upon to interfere. He would therefore suggest to him to withdraw it. Mr. W'ETHERELL concurred in thinking that the house was not the proper place for such an application as this, and also recom- mended that it should be withdrawn. lr. HUMIE said he would, with leave of the house, consent to withdraw the petition; but he did not admit, that because a man had recourse to a court of law he was thereby shut out from the pri- vilege of stating his grievance to the iouse. He would only-say, that thsegrtnt of the licence to thepuarty in this case was as good as the rant of 1,001., as the party wvho got it could ireceive tkat sum for a; next day. I~E l,e ie,efat tho party who received the licence as well as3 the prty disappointed, agr4d in tlhinJ-(ngthe preewlt sys- tem bad. The peition was then withdrawn. tAIAINE; INSURANCE BILL. WE!. B. BUXTON moved that the report of this bil be read.. Alr. ROBERTSON hoped, thatin the presetit state of theliouse4 when sn mariy were absent, who would, if prcaent, be disposed to take a sharein the discussion,tbe hon.gent.wotrldnotLreP-istto preait. - Ur. F. BUXTON said, that the same objection was made last night, and if members did norattend, with notice that thc bill was to be brought on he could not help them. AIr. P. GRERlFELL strongly objected to the bill, which he cci. tended would destroy the vested riglhts of miany individuals, with. out any comcenrsation whatever. He would move as an ameadment, that the report lee read that dav- six months. ,llr. Alderman WOOD seconded the amendment, but hoped his honourable friend would not risk a division upon it now, as there were, he believed, many who would be glad to absent themselves, and leave them in the situation in which they had been left on a for. mer evening. Considering the importance ofthe other question about to be brought forward, he would not risk the chance of being "counted out." Mr. ROBERTSON contended that the comnmercial:World would be likely to suffer very considerably by the establishment of such a society as this now proposed: fbr when such an important and va. luable institution as that of Lloyd's was destroyed, It would be t;.- cult, ifnot impossible, to restore itlagain. The information which had been received in this country through the agents of Lloyd's, in all parts of the world, had been of the highest consequence to its comnmercial interests, and yet it was strange that the commercial portion of his Al3jesty's ministers should now be found acting against it.m The house then diviled, when there appeared- For the original motion, 5b' i For the amendment, 1l Majority for the bill,l0. On our return to the gallery, w e learned that the bill was ordered tobe read athirdftme on Mordav. E:AST INDIA 'TRADE BILL. The CHANCELLOR of the EXCHEQUER moved the third TeadinC of the above bilL. Mr. nethat objected to the hill on the ground toat it incrEased the monopoly wnhich the India Company already enfoyed, by giving diemn the exclusive right to trade to the Canadas. He mored, as an amendment, that the further consideration of the bill should be postponed till Mondav. The CH]AN.'CELLOR of the EXCthEQUEp R said that the Qoverunment had no desire to extend the monopoly of the E2st India Company, and the bill tvas not brought forward with that view. As the lawv at present stood, no trade in tea to Canada could be carried on except through tbe EaEst India Company. The cam. pany were, however, in the first instance, compelled to bring the tea to this countrr, whence it was exported to the Canadas. In con scquence of this double frcightage, the price of the teas was considerably enhanced, which led to the teyptation of smuggling twas at a cheaper rate from the Unitea Sittes. If it were practicnable, he would rather that any of his haojest's subjects should trade to Canada as well as the East India Company; but the charter which had been granted to the Company gave them thaeexciusive privilege. Ail that was proposed by the present bill waBS tO permit the Comupan y to import tea into (,anada elirect from China, by which the expense of freightsee, and consequently the price of the article, would be so much lowered, as to enable tie Company to compete with the i11icit traffic wlhich was at present carried on. MIr. ELLICE supported the bill. Dir. BRIGHT wished the third reading to be lpostponed, on the ground that the house had possessed no opportunity of considering the measure. Mr. *1YNN said, that the East India Company already pos. ressed the exclusive power of trading to all the British possessions, and the only question to be determined was, whether they should exercise that right in the manner most breneficial to the colonies. The bill beforethe house conferred no advantage upon tle East India Company, but only on the colonies. MIr. HUblE said, that lSe was unwilling to press the house to a division. The amendment was then rnviatived without a division, and the bill was read a third time, and passed. PETITION FROAl CARLILE. M1r. HUiMIE presented a petition from Richard Carli}e, at present confined in Dorchester gaol or the publication of blasphemous works. The petitioner complained that he had been prevented from paying the fine which he had been sentenced to pav. In consequence of the non-payment of the fine, lie had been detained in prison after the cx- piraio. of the term of imprisonment to vwhich ire had been sentenced. Hle was now a Crown debtor;- bur,norwithstand,, the usual indul. genres granted to Crown prisoners were not extended to him. M#Jr. POETMUAN made a few observations, which were quite in. audible. Mr. PEEL said it vas quite clear that the petitioner was not en. titled to be treated as a Crown debtor, but ought to be subject to the rules of the gaol wbich applied to his originat imprisonment. The petitioner had from time to time made conmplaints to him (Alr.Peel) of the ill treatment which he received in the gaol. le bad insti- tuted inquiries on the subject, and he felt it due to the magistrates of Dorset to state, that under the greatest provocation which it was possible for them to receive, lie could not conceive that any persons in public situaions could have acted with more forbearance. (Hear.) The petitioner complained of the restrictions to which he was sub- jected;* but when the house heard tat his object was to corrupt ail his fellow prisoners, they w ould easily imagine that the magistrates w ere compelled to take some precautions to prevent the contanin.a_ tion. Personal restrictions likewise became necessary, in con- sequence of the menaces which the petitioner had niade use of. Carlile had posted in the gaol a regular written n9tice, that after a certain day he would consider his imprisonment illegal, and would kill the first keeper he [right see. (Hear.) Carlile had sent-i sitnilar notice to him. Out of regard to the lives of those persons whose duty it was to ensure Carlile's safe custody and from regard to Carlile's own safetv, he (Mr. Peel) had declarel that he thought the magistrates were right in taking measures to pre- vent him from committing the crime -vhich he meditated. He was satisfied that no person, under the circumstances which applied to Carlile's case, could have been treated with more inlulgencc rhan he had been. Hie would take that oppportunity of stating, that MUaryr Anne Carlisle, the sister of the petitoner, had received a free pardon, and was discharged from gaol. MIr. UMNIE said he did not stand there to defend the petitioner's conduct, which had always been eccentric. and in the instance to- which the right hon. Secretary alluded very violent. But the ques- tion was, whether the petitioner had not been prevented frampaying his fine bv the act of the lawitself,wbich h^.d taken away his property. ilr. AV. SMilTH said, that the case of the petitioner involved a question of much greater importance than any thing that could regard h im personally,-amely, whether an individual was to be subjected to excessive imprisonment for nonpayment of a fine, when his incapacity to pa.y it was cevident. Mr. PEEL observed, that in no instan,ce was a person kept in permanent imprisent nt who was incapable of discharging his fine. Prisners in such a situaion were always dis. charged by the Crown, after they had undergone a term of im- prisonment which was considered commensurate with the fline which they had been sentenced to pav. The petition was then read; and ordered to lie on the table. On the question that it be printed, Mr. PORTMAN resisted the printing of the petition, on the ground that it contained false charges of excessive cruelty against the magistrates of Dorsetsliire. (Hear.) nar. HfU Ei said that the petitioner did not complain of anypar- ticular persons, but merelv of general iU treatment. He, however, would not press the motiori for printing the petition. BREACH OF PRIVILEGE.-ASSAULT ON M3R. BROUGHAM. The SPEAKER rose and said that he would take that opportu- nity, the house being then pretty full, to state to them a circum- stance which deeply affected their privileges. Shortly after he had taken the chair, he wats informed that a member had been grossly in- sulted by some individual in the lobby, or within the precincts of the house. He immediatelv directed the Sergeant at Anns to take the individual into custody. That had been done; and the pri- sorier now awaited the pleasure of the house. He understood that the name of the prisoner was Gourlay, and that the muember -who hr.d been assaulted was the honourable member for Wjanchelsea (M11r. Brougham.) He wished to receive the directdons of the house as to the course which ought to be taken. Air. BROUGHAMi begged leave to infonn the house of wbat he knew respecting the subiect whichi thIe Speaker had brought under their notice. Shortly after the house assembled, he was walking through the lobby, in wbich a considerable number of persons was collected,when he heard somebody ask whether he was ,Mr.Brougham, to which reply was made that he was. fe took no notice of the circumstance, but immediately after lie felt something strike him twice. The blows appeared to be inflicted with a snrahllswitch, atid he at tlre same tirme heard the voice of a person, as If muttennr something. He tumied round and saw a man with a very wild ex- pressiou of countenance, -vlio was held by the persons about him. He recollected that he had seen the individual about thlree years ago, and he asked him what was the matter. Mr. Gourlay replied'2, *' You have betrayed me." He recollected that-about three years ago he presented a petition2 from ,1. Gourlay, since wvhen lie had nitherseen him nor bd anycorrespondence withhim. He did notltto* hov; to accountfor his conduct eXcept on the ground of insta nity. He-tad been informed that wr. Gourla s waS occasionallr de. ranged. Thedistresses which Ibe had sufferedhad impairedhis in- tellect. It was not his wish to takeany steps on the occasion. Air. PEEL said, as we understood, that ,Ur. Gourlay was certsin- ly deranged. Mr. HUME said, that Mlr. Gourlay was sent from Canada under a state of mental derangement. He had presented two or three petitions from him to the house on the subject of the poor laivs. Soure time since he proceeded to Wiltsbire, wheTe he had once rentedafarn atl,30DL.a-year. Hetthere availed himrself of the poorlawg, and continued fbr three months to break stones on the road, refusing all astsistance, except the parish allowance. At that time hre wasunder the influenceof derangement, buthe subsequ:AW becamesane, and having expressed a desirm to go to Canada, tosn to recover some property whicl had belonged to hlis family, he (MlIr. lume) and some friends t'ururishd him with theneansofearryinghis intention into efect. About ten days ago,however, he receiveda letter from r. Qourlay wwhich satisfied him that he was deranged. There could be no doubt that Mr. Gourlay was insane; rhe was a very sen- sible mn.a- His woek on Canada wa;s credlitable to his talents. MIr. WY'aNN sail, that care ought to. be taken that ilr. Gouit- Iay should not commit a repetition of the present ofence. He thoaght it would be unwise to discharge Mr. Gourlay from custody- Mr. CANNING said, that the usual course of proceeding was, for the house to hcar the a erson in custody at the bar before they came to any resolution with respect to him. He suagested that that proceeding should be postponed, and the individual iept in custedy until a future day,in order that information tnikt he obtained with respect to the state oF his mind, which would enable the house to form a just ectimate of his conduct. In offering this sug- gestion, however, he begged it to be understood that he did not undervalue the strict and summary exercise of the pyivL- leges of the house in cases such as that which had been brought un. der their notice. MIr. BROUGHAM repeated his belief that AUr. Gourlay was ins.ne. MUr. CANNING proposed that Ur. Gourlay should be kept in custody, and hirought to the bar, before any farthersteps were taken. TheSPEAKERsaidlheunderstood it to bethe pleasureof the house that Mir. Gourlay should be kept in custody till thne house re- ceivel further information respecting him. Sir J. iUACINTOSH presented a petition from KnaresborDughb against negro slavery. MR. SMIITH, THE LATE: M1ISSIONARY. On the motion of Dr. LUSHINorGTOw, the order of the day was read for resuming the debate upon the case of the late Mr. Smith. Dr. LUSHINOTON then proceeded to state, that he nerer, in the course of his public life, felt a deeper anxiety for she due per. (SEE SUPPLEMEN J.) formanee ~drn2uevery hri:ci.d t denhe tecuse whilch lie was bound ~~pon Lvery prinent,inthe largeat s ense, to de.; ,indthe rana" of t elate IIIr. mthacuewhich lie regrettea had encalutnlliate within rhewalls of that house. He tieait-not, iQw-' 11111unnecerarilv to impuesi the conduct or language of those with hor he dsirtre upon this question.;. his main 'bject, being sh~o'r'first, that Dir. Smith was not guilty of the chAarge n wh'ich he was tried, a nd -seconaly, that. the -court.taa~r-~ 11it ei ha-d actedj with, ilkgiitv upon the face of its own, pro,- amhuingis - This he would -sho;w, not from the report of the:trial chile ad eentrnsniitted to the Missionary Society, but. from. the: ffieal ovenmet report, the atuthenticity of which, could notbe. fesste bt toseofwhose official acts it purported to be. their own. jecrd.To upprtthe-two positions which he had laid;dowN~ he heuld n~vt he cosideration of the hiouse,. first, to hear his argu- nenft, n thtn the documentary 'proofs. whichi be bad to FeillCi its sslport, end utpon which he relied for the general sa'tis- ahction OF the housw. He begged distinctly to be,uridentood. as "Pelared to Prove, thaLt Dir; Smith was lierfectlY innocent,. not 10one legallyj hut morallv Innocent, of. the crime for which he was ried'; nay furt~her, thth a iotly,arcording to every rule o'f Usttce, whoUy aninmpeached, but unimpeachable. With zeference -0 heiedresdi proceedings of courta-rnartial5 they were 'Ls w-iell'as )tIl.UcOurts. bound to proceed by rules ilconsonantwith.th-e-generaI. 3rinciplesof - -tce, the ruies of judicial investigation ,were for tercn as fixe4l, asthey were for other tribunatls; they wavrq.gqually ,ound tad eret the rigid rules of Ia and justice; ;'ut in this 2asef1r.Smjth,he wasprepariil to show thattheybadisreaded theruls la~, and violated-the first princitples of. us ice . a.bi *iew he overist ed t_e technical consideration whether. a conceal- ,inen of revolt in the manner in wihic-h it hadl been laiid, was, high reaxon according to the laws of Demerara;-and he assumned thierfact ,hl.bat.scha crime wasghigh treason, and its punishment death. .He iho0uld. tlherefbre, at enc-e argue the questio of the guilt or janea. .ence of Mr. ?;mith, as distinct from theleait r leg ft othe -3roceeding"~of the court..martial. Thesewrthfasofhe case, ta he hal carefully perused the documents. Sir John.Mrayi dieL MsOT,th of' May- last issued a circular. order fo.r new elain thar the attendanrce of slaves at place of worship. On the7t fJl L-ord Bathurst's instrucuions arrived respecting the wlaeo slaves, which wrere referred toD the court of. policy ; 'it was dhnt despatch of 'L'rd Bathurst's which prevented die wbip-: pinz of female slave~s, and restricted the use -~of the.- whip in. die field to"~ethtr with sndry ot,her regulations ol"a imilar nature. On the-10ht~ of August the revolt,broke ouit; andl on the 21 st Mr. S-mith was apprehiended.- Oni the 13th of October' he was tried, for the offence, and ultimately foundidgilty (atllcastthese were the-prin- ripal counts) of having created disaffection aLmong the niegroes ; of haigconcealed from the local authorities the foreknowledge of the inene reVOlt, which he had acqnired ; andof hav,ing corresponded with the revolted negroes, after he knew they were rebels. -' T-hese were the psrincipal acts of which. the couirt-martial foutnd Mlr. Smnith guilta. illuch had been saidI by- anhon. mermber opiposite (Mr. WVil- cent Hlozton) of the general conduct of Mr. Smnith, but wvith tlnit tljj'%vsiness of the court.mnartial could niot he mixed up.,'.The L~-e of exciting the negroes had been altogether abandoited. by 14-m.,~urt-martial. The most impi,rtn.nt charge,Or part.of acharge, against the prisoner, was, that on the 17th of August (Sunaday.), the 'day before the revolt, r. Smith had been in conmmunication withi cwrtain negroes. Now it was notoriouis that. du-ing the wTeek -which preceded that Sundaz, M1r. Smith had been in a different part 'of the islsad, on the cc~astiwith Mlr. Elliott, another missionary. He had only returned oas the evening of Friday; on the Sunday evening service he had seen some of the negroe* at a certain interview, and it was at that meeting it was saidhbehad acquired the knowledge of.the intended revolt, upon which he had afterwards kept at guilty rilgnce. If this statement were sustained by the evidence-if it appeared that on that occason he had obtained such knowledge, and then conce4ed- it, he (Dr. Lushington) would he ready to admit that he hadi1n. curred the guilt whiich lhad been laid to his charge. But upon this esse-itial point, he wgas prepared to show and sustain Mlr. Smith's perfect innocence, and to do so upon the most.sigid scrutiny of Ahe evidence. Before he entered upo.nithis part of sis argum-ent,lie hau to regret the absenice of his learned friend (Mtr. Scarlettl, who had on a formuer night referred to parts of the evidence ; for he shouldl rather have animadverted upon what had fallen from his learned friend ini his presence than in his absence : as, -however, that absence was nor imputable to him., he fclt it his duty to pro. ceed with his examination of the ci'Sc. His learned friend had stronzly referred to the evidence of Bristol, and remarked upon the -tetimny enraly o neroslaes orthe defendant. Bustdid his Irared ried foget tht inaddtio tothe fact of their being. negro ahaes or heproecuion terewasalo the odium of their being accmplcesin he uil whch heyaferwards came to cxpose!? Thenwho as ristl? H wa a ngro lav; an alhouigh such a person mnight be a competent witnegss nD rr,h certainly would not be so considered in other islans nJmac,whatever, ran k be held under his master, he wondb iamssbei the most trifling ease of property; for it. was the opinion of hs obir, that the slaves were nor, from their moraldiuafcton 'bound by- the same ties of moral and -religions olgto hc -could 'afelv entitle thiem to credence upon thesntoofa Oath. Lookiing at Bristol's testimony according to titest, they -were bound to consider himn first as an acoamplice n therefore liable to all the detraction from hIds testimony which suh itiiat5n.n e%cited ; for the evidence of accomplices the law always receivec' 'with great suspicion, and only acted uipon when it was properly'and -dulv corrborated. There wass this additional caution to thie rece. -tion of Bristol's testimony, that he was liable at any monment,we his evidence was disliked hy tIme colonists, to Ic taken oit. fth hands of the!. couirt-mnartial, and tried and punished for his, revot. Andin1ooinr.a te efet o ngrotetiony, -and die manner in wich t ouht t bereceved,he wuldbeg leave to refer tfie'. houe t th opnio ofMr.VanCooen,the attorney to the estte f h Suveir,anda laner lsoinDemerara; that tlen-. tlean isinclystaed,frm a50yess'knowledge of the negroe, thate wuldnottak th tetimny f negroes upon a 1point of conversation which they professed to have overlheard in the English languwaze. Let the house refer. to page 14 of Bristol'3 evidence, and there they woutdl find the follow ing passage :-"1 Emanuel told Qua- raina he had better go and ask M1r. Smithi about it.; and wisefi Qusamina was going into Mlr. Smith's; house. I went in with him and when we vwenit, Quainina asked Mlr. Smiith if aniy 'freedom had come out for them in a paper. Hle told me no, but there was a good ,law come, out, but there was no freedom comie out for thema." He at'erwrards said, " Xr.Smith observed to Quaimina that the soldiers' would be too9 strong for them, and Quamina. said they would 4rive all etie white people, end mnake them go to town." .Now if the house referred to page 22, to the evidence of the other~ negr, Seaton, the-v would find bim at direct va- riance with Brist1 respecting the interview with Mr. Smnith. Bristol swore that nobody was present bitt Quamnina; Seaton swore, on the contrary, that he was also present. And again, thie report of the conversation as given by Seaton is dir'ectly at variance- with that given bv Bristol, anid puts a different inter. pretation upon t~ie expressions attributed to M1r. Smith. How, thenl, coul thy dpendimpfl he ecolecton fdte p,recise words up on auchtestmon; an if heycoul no , ho culd they proceed to adjuicat non thm? hen heywere about to found' a crme -upo theuse f crtai exressionis, it was of the ostindspesabe cnseuene tat they shottld have befoe thm unenialy te exct wrdsof the individual;' and here they had not onl nacorroborato of thle coosteuction put, upon the wordls, btoa drec contradiction, as wouldI be found 'upon con- trasting the evidenc-e of the two wvitnesses he had named ; and let it be remembered, th..t this animadversion applied to the oniIv two wit. r.essen who deposed to the conversation on Sunday, the day before the re-volt. There was, in fact, upon the face of the evidece, no les thian four difFerent versio-ns of this alleged conversation with' SIr. Smi'th ; an thswsaprn rom comparing ash lead doiie, the testimony in p=es 1' and 61. where' th1e, female Charlotte wras examnined., where she said t'ht she 'saw. Quamnina and Peter with Mr. Smith on that Sunday. Peter's evi- dence, in page 63, which shoiwed4 notwithstanding what Qmiarnina' said, that he -was present.at the conversation.- withi lMir. Smith,. was this-"1 Werier there sany other persons present ut Alr. Smith'shouqe ? -Bristol Season, a boy named Shute, a field negro, of Li Sovnr and 31r. Amith were present, and with myself made six." "Did Qu.- nirma sav any. thing to the prisoner ?--Yes, he said 'that they would. drive all those managers from the estates to th, town, to the coiurts, to -tee whiat wan the best thing they couild obtain for the slavef. Then Mlr. Smith aswered, and said, that that w'as foolish; hoi~ will you hec able to drivte the white people to town ? and be saidl further, the white people were trying to do good for them,i and ff the. slaves behiaved so, they woruld lose their right." ' Not a word habnt soldiers, although such a. word oDuld,. 'not fail to sitrike a negrne's ear, althoughi Bristol sworeso posilivelyto that word. Butt there- was a great deal more in favour of the innocence df' Mr. Smith. Part of the testimnony, clearly proved what was the real in. tantinno th nego-.Teyaid '- that the wvhite itna must come to, town. tohav ar good law, to give 'hem (the negroes) a day or twvo for thems-elves." What was this but smecre referenceto the contents of~ that document.. the precise nature of which was not promulgated, but which was kniown to have arrived in the colony? 'He p raved the house to consider this testimony fairly, and them he would jask, if it wvere to formn its judgment oni this evidence alone, without re- ference to the prior or subsequent condluct of Mr. Smith, could any man layv his hand on his he'art and say, that Air. Smzith new that a revolt was about to take place, and was guilty of con- cealing it?P If nren were to be tried for their lives, not froe any act, but for not reporting7 the apprehiensions whichi they felt, in cease. quence of a conversation amongst negroes-amongst personsi inter. ested in concealing their intentions, if they weroe evil, who, if they liad imae up their minds to revolt, would not have given tliat infor. irati" ~ . Smth, lest he should do that whichi he was now~ ac- tin inassrtig tat the negroes dlid, conceal their Inachina.' tion frm M.. mit; far in page lii, Bristol,'wben examiinedl a secod tie, bingskled, " Did you or Quaruina mnention the. cir- cumsanceof te itendd osetogto r.. Smith V` answered dc6i. dedl "No;" amittng, t sh~ sae time, that t" both he anjd Qmmsinaknewef he metig attheperiarl they were with, Ml. Snvt." ow, t ws at ths ireesng,held on. 'Success Mliddle. walk, that the revolt anti rebellon wcre organizet. tt was there thtat those plans which were floating in the'minds, of the negrois assumcd a taagible shape, aud were placed in a-course of oneration. But of that meeting Bristol declared, that neither hc rior. Quamini,' had informed lIr.Smitl,.Lettheoiouseseewbetherthere werenoesome other circumstances counected with the fcts which he was detisil. ing, tlat gupported.tlis statement, and placed the innocriceof lir.. Smith in the clearest point of view.' If'lUr. Smith were aprised'6f the intention of the negroes to take up arms and to conmit -levasta:. tion and bloodsheda wuld he not bave ndopted,some precautiona f&r thesecurity of his ?amily.' Surely h owould llot hve cept thc cor - apjrnsci so secretly from 1Mrs. Smith, as to let it break oult in a' mo- ment ito her infinite tenror and alarm:.: The rcbedlilen daidi break out tlus suddenly. andr iJr. Hamilton oughlt. for Alr. Sffiibi, to 'oh' tain his asslstance. Mr.. Smiths proceeded- to, his: assistance. He expostulated with. the negroes, and endeavourd to' put an end to the revolt.. And what tas the conversation ' vhich the negroes held relative to IUr. Smitb, at that. interview?. "HsEe is-(*said they) a white man, and- will not forego hii coloiur. ie is, it iS true,- outr asStOr, to whom we have'beenitau'ht to look withvenaration.- ?till;do nattrust him. Hejis bynature eur enmy.9' Now, if the sietroes had.'ppened the businesi tq Mir. Frsoith5 woulld they olerwerdsh'e.uttwer' steinixentswhich Zo,we tb at they placed no reliancq on him ?-whicht proved that t'hek-had no conifidence in hinm, notwitbst~nding the confession of the'ir iinten- tions with which they-had. intrusted him ? - Didl Mrs. Smith, when the revolt brake out, treat it as an e-vent for whichi' shewsr- pared ?. W Nas she quiescent on. that occasion? UnT utel not. He had - three. witne-ssesr Elizabeth and two, othiers,. ywbp aU deposed that Amrs Smith ivas in a state of. great' A~nxiety, And&alarm so. much so,x,hai shte 6ould riot sleep allinighit.... .that-she felt the -deepest -terroiZ and apRreh6rision for) the safety of ,her lisrsrndl i4Now.-this was wholly. 2ncoaisistent with any fore- .knowledgeof the revolt. It was uitterly imspossible, ift' Mr. Sp'tth -was.aware of thq approiehinig insprrection that'he would 'hai'e, let jt hpezt out suddenly,wAithouiarry notice,to the6great teirorand alrmn of' his wife. An, argumen~ had been used by liis.honi.and learned firiend, 'the memiber. for rete-klb6rough, which tie could not advert to without noticing its extremne -unfairpe-ss.' He aluded to, his quoting th'e testimony of one single witness onlivrnthepiatof thiOprosecurioon, for-the-purpose of - rvin-g-theguitlt of Mlr. Smith, wiithout informing, th-house thatth-at wtess hlad been discredited adid co'ntradictedH coUld hardly supproraslis feelings of indignation, whien lifs bon. and 16dirned friend, relying on rise testimony ofe Bristol, -aid that AMr. :Sinitli had himtself corrfessed his gutlt, 'because he ad. 9l,ted thsat he Jaad -been,on the, spot whbere it, was alleged the conversation -had taken place. Mir. Smiti, it wa. arg~ued, hadnot.attempted t, prove as ali~i4 bitthad-the folly -to admiit, in his own def'ence, that'he -was -present on 'the occasion. when the - conversation was 'said 'to :hav6.occrred. Good.,-God 'Wbat was :the real fact? - - r. 'Saith's stateirerit- did not deny that an inter%4ev and con, 'versation had tiakpn place;. but sit dlid deny, in the most posi. .tiSe terms, that it 'was -of the- natiure' described, It wvrs, in -fact, of a totally different tenouir. -Now, perhaps, it might be in the recollection of the ho'use, that some 20 yepLrs ago, the present. Chief Justice of. the Commnon Pleas was - accused with having attempted. to commit a rape on a-lady wlro faiA goue to consult him att bis chambers in- the T=erple. (Laughter.) Whiat, he asked, wouild his fionourable anid learnedl friend, ave siaid of thie Chief Justice, if, instead of admitting that, he was in bis chamnbers at the time alleged, ond standing on ~the purity ef his conduct and character for liis de- fence, lie had attempted to prove an alibi ? (Hlear.) And if a si- milar, accusation,weare directed against his, honourable and learne friend ( a laugh), what would the world -sav, if lie attempted to save himself hb- employilg his clerk to 'swear' that he 'was in the -K.insgs Bench -at the period ' mentionUed ? -(Iear, hear.), Such' an argumtent,as that advanced by hisi lin. and learined friend should never eseup.e beyond the purlieius of the Old Bailey. (Hear.) It should never have found its way within the wvalls -of the flouse 'of Commons. (Hlear.) - Instead of coming from the lips of his hon. and learned friend, it ought not to have escaped even from a fourth or fifth assistant of aDeputy Jitdge Advocate. Wh-en it came from .so skilfutl and acute an advocate,-from one iso well versed in aU the 'subtileties of law, and who -well knew what were the stronigest parts af'a, case, it must prove to -the Tiouse that the present was 'a veryv weak- andlpoor one. indeed, since it affoarded rno better grounds of defence. (Hlear.) -There were two other matters relied on at that- trial, for -the puirpose of implicating 31lr,' Snith. One of -these was thenote sent to Mr. Smith,. hrJacke~~ Reed, on the evening whien the insurrection broke oat. lie received that letter late in tire evening; and lie %woaild ask, was there any proof of a guilty conceahnen't,'because he did not set off immiediately andi 'state it-s contents? - The house ought not. to forget the answer hie sent back to Jackey Read. The lotter, which was marked No. 7 and was read on the taialr, was as fiollows:-." To Jackev Read. I ami inooTant of te afairyoualludle to, and ytour note is too late for me to rak an nur.I learnt yesterday, that some scheme vwas in agitation, bu!t withioruy;a'sklIing questions on the subject, I begged them to be quiet, and I trust they will; hlasty, violent, or concerted measures are quite conctrry to the religion we profess, and I hdpe you wifi have nothing to do with themn Yours for Chirist's sake, J.S." If it were a crime to remain silent when ihe hieard that somWe application 1was about.to be made to procure the new law-if, wvhen infofrmed of some vagi;e plan being in ag-itation, withouit time. plate, or circum- istance-having been roentionqed, it was improper for him to have con- tinued silent-if, not to become an informer, when he knew that if examinied on- the s'biect, he could give no informnation, were crint- nal, then he admuitted that Mr. Smith was guilty; but not othier- -wise. The other point which was particularly relied on, was Mr. Smifth's supposed confessio'n of a knowledge of' the negroes' plaiis, long before t'he revolt began. No\iv this ought to'be seriously considered, 3ince, it was connected with the evidence of two wvhite mnen. The alleged contessfon was thi's-.-that, shortly before hie was arrested, he admitted, in the., presence of -two witnesses, that he cx- erted the rebellion. John Bailey swore that Mlr. Smithi said, "h le Ead known of the revolt for about six weeks." Known was the word usedI by this witness. Now it was impa;ssible thiat he cauld ha2ve known of the intencled rising six weeks before it took place, since it did not appear to have beeni thought of until long after the arrival of the instructions from this couutry', which occurredl on the -7th of July, and the revolt broke: out oni the Igth of August. Besides, the other witne5s, John Ayes, who was also present when this supposed. confession was madle, contradictedl Bailey. He awore .that lie did not zecollect Air. Snmithi to hiave mnade use of any such 'words, as 1' Thait h"e liad knownz of the revolt for six weeks." Two most.palppable falsthoodds were atfterwardg sivo-n to by the witness, Bailey, in the course- of 'his evidence. On Mlonday 'the 18th of 'Aug.; the clay on which the revo-It broke out, Bjr.'Smnid had gone to Georgc-town,.to conisult Ihis Physician- on the statte of his- healtli.Now what wvas the evidence of Bailey ? He swore, that when, on the *),8th, he saw Mr. Smnith, hie asked himi, "WhViat time this dis- turbance-took place ? Andl Illr. Smith answeredl about seven o'clock, when the negroei camne from their work, addinlg, that he lhad heen busy writing all day." Now wvhat relianice could be placed oni the evidence of sn individual- who puit those words inito Mr. Smith's mouth, " that he was busy writing all dav,"' when, in truth, Ire wvas at his docto6F& Thie next fasehood sworn to by- Bailey was this-He stated, that Alr. Sniuih told him. iliat, when the managr's house. was surrounded, "1the two oversee rs an to hiim - for protection ; the mnanager was away." Vlhat was the fact ? It was simnply this-that when the negroes appeared armed, il-e mnaniager was present, and received from Mtr. Smiith essential assistance. W'hen they found persons at' the same colour as therasplves,--bo-tsting of the same freedomn whichi they .enjoYed-so far imibued withi colonial feelings and coloinial passions, as to conte forward for the purpose'of aisserting falsehoodsaganinst one of their countrymieo.-.wtat just dependence could be -placed on the ProPtiety of a decision which they were instrumnental in proctuing ? He was sorrv to sav that thec abjectionL which existed to the evidenc'o of n-gro wv iinesses'did not.- apply to them alone, since in the -race of perjuiry they were at legst equal.led bhvsomne of the white-s whio were producedI on this occasion. flis'hon.'and learned frienid the member for Peterborough had also thouglit fit to make a great complaint -against MIr. Smithi, becauise he had not 6tated to A,r. Stewart all he koc'w of this transaction. It anpeared to him that his honourable aRd learned friend had reecl just as much of this evidence as enablced him to make an accusation, without look- ing to what might he ad luced on tlie other side. (Hear, hear.) There was nota .word in I'1rl.Stewart's evidence thatboreout thiestate- mnent of his learned friend. On the contrary, the evidencee of Mr.1" Stewart ana Mr. Elliott proved thatlMr. Simith had stared all that he knew. The accusation made by his learnedl friend must have arisen fromn his having confounded two conversations-one of wvhich occurred-three weeks beforne the revolt, The next charge, of which the court-maartial thouigbt fit to find Mlr. Smith guilty, was for hiold. ugcoinmanicstion wvit-h Qutamina, err the 19thi and 20th of August, after the revolt and rebelloa had takeri place, he well knowing Qisamin4 to be an insurgent lengge hein. This charge was not relied on by his h n. ndlare friend thie mem-ber for Peter. borough. It appeared fromi the evidence that MVr. Smith never sought au initerview with Quamina, but that hie came to) the ho-ase in consequenice of DMrs.Snith'si invitation. Contrary to all principles of justice, the court-.martial -d(aritted evidence of what Mlrs. Sm'ith saidi at thie tinrie; and they built on- that conversation this charge, that I1"Ir.mniiih had corresponded withi, sided, atid assisted, the in- surgent ne,roes. Whereas, the only evidence gin'en w.ith respect to Mms Smbith was,- that Quamina and Jack had spoken to her at hir house. On the first attack at MVr. Hamiliton's, Quansiina showed that he wasq m-indful of the religious doctrines he had i.mbied ; and when Mr. Hamilton was in jeopardy, he stepped forward and saved Iiis life. Could anv mnemnber of that house, lo~oking to the whbole tenour of Mr. Smithi's conduct, believe that a. single irord ever fell from' that individual's mtouth tendling to encourage Quamninn in htis rebellious views? (Hear.) Such a charge would not be tolerated any where, except auiorigst the un- founded censure,' foul abuse, and mialignant slanders, which filledl the newspapers of this ill-fated settlement. The hon. Under Secre- tary of gtate for the Colonial Department had made other charges9, hut of a aiffierent- description : such chairges as, he believed, wvere neW,er bet'ore.introducedl to acourt ofjustice, or to aniy tribunal where an impartial decision 'was to he hoped fb-bre- meant those charges that were levelled at the whole conduct of Mlr. Smnithy, while he was a resident in t'nis colony, comprising a period of six years. (Hear.) He never beforecheard of any tribun.l, much less one sitting. undler thle sanctioni af the British constitution, where a, mars was pusi on his trial for all his w6rds andl actionsduring aperiod of six y-ears (hear,)'- withlout the sPecification of one fact-without any specification of rime, place, or circumstance (Hear.) ' Noa-ne sweeping accusa- tion.was madle; M1r. Smithi was charged-with hiawing, by bis con- duct during siix years, created discontenit-and dfssatfisfaction amongst the negroes. (Hlear.) Whbere-was the mnan in that assembly who would trust hislife to such an investigatiin ? (Hear.) WVhere wi'r the junan so unjust as- to subject anuy individual to such-ano- deal? Hear.)But that ordeal was resorted to in this ease; and they would see hoW Mlr. Smith',; character would come -pur;e andI unsgullied through it. The hon. Unider Secretary had tleseribed Mr. Smiith as an enthusiast-as one who preached doctrines that-were cal- culated to give a wirong bias to the feelings of :thLnegroes-as one wha required of those people too strict an observance-orf the sabbath. He coultl have withed to be spAred from entering orn this -subject, because it wasdifficult on the orenhand to describe those dutties .and religious rites which were req mwred from us iin keepihg- holy that dty, 'without running the risk of being, accused of cait'; and. on the other hand, if they were spioken of lightly, the-daihger of loweing hos sacee bserancs intheeyes of those who ough to . venrat thm, mmeia~y peseteditself. It Wasmost.difficult] to' dop h idde curs onthi pont.If they determined in the obsevanc of he S.hbah, t devatefrom' she- letter of the lawz, wisr; edeandd,wer thy t drwfhe line? He would not censure innocent amusement, or the performance: of necessa- ry duties' on tbat day; but constant, unceasing labour or the Sab- ,bath, he reprobated'; and he wouldlmaintain, that if ever there was a state of societ#t in whicli the.observance of that commandment was more essentr'al than in another, it was where 'slavery cxisted-. (hearr)where, . for the other six 'days, man was under the absolute command -ani control of his fellowv man, obliged to' laboar-for him, and to obey hiim in .every res4pect; - Surely,:where ruch a Slate of things existed,it was not too mnuch thatiIie sk*d' should enjov the seventh day-surelk, the vengeance 6f the law should fall on those wlio c31iged thier negroes to wdrklon that davof' rest. (Hear, hear.) ThfJre ivas, heknew, a fine of 500 'guilders on any planter who com-- pelled his slaves to work oir thcSabbath. But, norwithstanding, tlrey w-,uld find, byreferericeto the papers, thatthatlaw-vassconstantlyvio. laed..The negroescomplainteof thit tthegOvernor, to Mr.Austirs,to- 4ilr. :m\ith; and tq others. They statedthat they- were compeULed-to labour on the Sabbath day, and that the yengeance of their masters was inflicted on theoe who'refused.' Ib such a stataeof things, what wai.thelineofconductwbich AIr. Smith' oight- to havefollowed? From ,the eivdeuce of one or two-of his disciples,' they might seethe doctrmztes'wbhhe really did teach. Take the eiidece of Mlanuel, whl!o wgs a'witness for the prosecation; and matk what. he-stated, He- said. ','"The parsoD told us; if your master has any xwork for you on iB your duty'to tell i Suanday is 'God's day:-' Wrs fiurther 'st-itl 4M.'1uh'th~&~~ - ftha 'it"s~~S~ dani'~ 6bkoI_' ot ~'tulyi'*'or u't o.add h"1A ifthboat~ Wast oNrinomh Q*sor, dutiy t6 above it'of~'n~kaSna,.~~ righi of thfeir inases baete or,t rvi tm sIdg AbOUt .0d'-1liaking'rnschief. 'jllr.'Smt rahdwa , cn sistent with the law of od';, ind,ifl~b~dcte h ers~b duddressng a patifcular' doctrine. to tlin,aaa~wn ~b'cn tradic'ted biy 'a. cimtrmry. practice, Ie~tik7ac oto.d"Wis influeiice ~ud -power iamongsit]tIerm; 'li u1 b'5 e~e~ from 'the faith. he.weiitj?. toa4vocite,,and aa-ais~tfar?i religion he ',professe.d. W(ear.) 'Greater. cautionl rety m'h~ greate-T care for * the. god4' 6f. s-ociety., ol;nt.'en. nifest&l, thn.lhe+dislaygd in the whole~ ot hiscpd4 . h' was one passage in the.-evidente, in which a.ssnglp ne~Owr;ht 1M1r. Siiitli'told themlisthy ought nott6'n~%nd a~lag fuing t,,,ro wkon tIjeS~abbath.", 'But he.would ops o 'lt ittbe,evidence of 31r. Atistin"he would Oppose t ttecidc of the slavesq theimselves, andtieo strong sense themaistdnle doetriuues wNluiMh~r. Smnith had taught. them. ['te ihdt know.what effdct those tdoctrines 'badonr the mindso they fieed'onl.v'turn.to the evidenee of Mri. Vat otnwosa attorney to.. the. plantation,' and. had bieeht; fo- it yasii t colony. Re.stated thsitthe negioes.hadbeec6me meroeletion sqeceof attending the service at.Mlr'i Sn'dt's ch'a elO rV ' Cooteen, atid Mdr, Aiistin4 ,together' ~vftktoenmru rii'e of recommendation whichi he. noisseed blr mt a bliged to, rely for the Chief proof of hsii piet,hspuec i general ~Vir- tue. He ivould-rihowwyM.Sihcudnts?l tl nt tertimony. In pae2, "olfidhevdnefJhnRe. a plaister, residing o h atoa.-H elid ht~ehdd. livered to Air. smith. a letter.relaletth rtojofalce' worship. He was askea ii Where eeyuwe o ~eiee that letter?. I was. (answered the.tes)Q yie,bdaDc. forn. pherisoner intruded.himself at~my domestic ber d, Ven at- my sick Jbed-side;,asked and obtained permission to erect a. Ilace of worship orn-disinterested, though legal, c6nditions."v The impression, produced bytbis evidence was, that 'lr.. .Sr:th was such an enthu., olast,'that he forced himhself into this person's U4,roOin..,c_t lie~ htad wroug,ht onhis.sickly state, and had xtQrtcd fromi'hht' the permis. abao t b'uild- a placeof .wor,ship.Brwitnlaep.'The:.wit. bess was asked, "1 Do Yout remenmber at wlhat time of 14y. 'and'o- What occasion, dfd the prLsoner go first to. yotxr house ? A. It'Wsas' early in the morning, for.the parpose of-obtaining leave to erebt a place of worship." " WVhere did you, On Xbat morning, meet with'the priso,ner, arid did you ask hitn to -stay brYeakfast, or slid'he remain wvithout invitation ? A. I mnet him on thie roaadlcarirfg to the estate, andi I believe I asked him to stay breakfast." (Rkear, hear.) "~Dia the prisoner, go into vour sick be-i-room without' being'~ asked? 'A. 74o, hie did not." (Hear.) This was- a, petfect- cx. emplifiration Of the feeling .Which pervaded that ill.faied,iettlement. There was, at this timne, a rage.azainst all religious instruptiosrt-ana& this verr man who had supp;orted Mr. Smith's.pian for building A chapel, came tl,rward,for the purpose of misrepresenting his Cofidiict;. At lngt, t avid proecuionforpenry,he swore that whftl~, deue sch s tis t ws, hatthecout-rmartial found M1r. Smith guily, fte fie dys f dlibraton.On evldenic~ such as this, the Govenorof tat olon,.t hisetenaldi%sgrace, sa'nctionedI the sen. tcnc ofthe our-marial He houd be jitihified in saying,. that no impartial tribunal, no careful and dispassionate judge, no lhonest jury, coulia ever have pronounced or record. ed suchi a verdict: thiat nothing bat the spilit - of persece. den-othng ut he repssesio oftheir minds against the iln- divdua a th br, oul hve edto c. a dsgraceful. result. Me wouldnow sy a ew wods o the ondut an'd constituttion. of that coun.nartal.Hedirctl acuse tem of having knowingly and wilull reured faseverict Tese were strong,terms. He hadno ith totrael ut f te eideceto malke'goDd that chiarge, and lie woultl not utter a single syllabl that was not contained in it. Whydidhe thus cens.ure this'body? Bec-ause, in the first place, they compelled Mlr. Smith to plead before they atllawed him, ounsel, and herforedepivedhimof al a pea ginst the jurisdiction .or illealit ofthe hargs. econly, heyatiniittecl those charges,.on thefae o tem llgalilega, ecasethey were consummated be.. forethe roclmatin o marial aw-ilega, b cae they did not stac~theplce,or ircmstnce toenale he ndwdusl to defend himsef. Hi hono~hbl and earne frind the. inembitir for I'eter- borough admite that it was illegal to try a man by M artial law F'or ofF"ences committed before miartial law was proclaimed: _%s if any person, except a lawyer, ever doubted the fact. (ffear, and lauighter.)' His thirdl charye a-gainst the court-martiail was, for al-' [owing such a speech from-the Judge.Advorate when'he opened his case. The court-martial should has's said, "1Sir, state your charges specifically.'.' Instead of that, the Judge-Adlvocate said, "I shiall first aldduce, iii evidence, that the prisoner, evea 'from the begnning of hia arrival in hisi- Colony, has begun to interfere Wvitht thMe com- plaints of the different negros upon the states in the district where lie has been ailmitted as a reguu ar missionary;" and thealid went on to detail certain general premises, without stating any par- ticular charsge that might point out to the prisoner what is shouildl'bhave to defend. His fourth' accusation against the Court-martial 'was flie treatmnent receivea. by the .pri- inner in cross.examiniag a witness. He asked Seaton- "Hlave you been istrnictedl by ay one to say what you have jtist told the court ?-A, No. Have you ever told any one before what you have just told the court?-A. I have been exa'minied before at Mlrs. Mienten's, by Alr. Sin,itls. Jtudge-Advocate.-Wvas whlat you so told put doivai in writing ?-Yes. Have you sincep teen or heard what was so put dowd in 'writingi"-I saw the 'paper' it the. timne, buit anot siumcc.1 t ias not beeza read to'mc." Now, tlhcso were very ordinr ad proper&uesuo ns in a diirt oQjIfStiee, .o see wvhetlvier the =iuei hadrcie an"'information' wiai r. tpect to the evidlence he was to give. Buat this fiery court-aijartial immediately entered into a dispuite With the prisoner on the qubjece,jan accused him withbhavinig done that which he had ani Lininobtt right to do. They then sEntifor the Deputy Judge Advo. mte, and asked him, "iHave you examined the-ivitnesses for ahe pur-. 30se.s of this prOSecution ?-1 have exainined sever-al of thiem,. -and. he witness is one. Hare you attempted tormislead or instruct the e,itnbsse. as to the evidenceP---As a-witness here, I must answer, io ; but I should thinkc, on ardlinarv Occasions, iinch a qutestion too legraiding to be put to me."' [Tlhe c6urtolisdrved,iha'tthe tiwbpreed.. ng questions were put for the purpose ofprotecting the Judg-e-Advo-' ~ate from tne ininutations attempted to be thriown upon' him ,y the piisoner.j (Hear,lhear.) The niost pervertedseiisccif%what va-s juist and right-thte most profound ignnrance...thse most deter- niined prejudice, together with an utter disregard of biublic decency, ,ould only have given rise to a proceedfing so entirely repugnant to ionour and dtvui. The fifth accusation which he brought against hem was, for their admission -of all thiat hearsay evidence whichi ithoul have be en rejected. They hadl allowed the har,say of ns- cro witnesses two or three decp. Sixthly, hi contenidIed they were o0 blamie for suffring the Deputv Judge-Advocate to make sucli Lreply, after fouir days had beea given him to ftrame it. ~'n,lastlv, he wouild say, that no 'set of men should have sassed ~iimils a sentence, even if the prisoner liad'been- guity: 1'he court-martial had, it appeared, the assigtance'dO M'r.'KJutice tVaby. And who Was he? He was a fellow of Trinity College, a. mndge, and aman at leastof liberal eda.catio)n. He was, more-' Wver, a friendI of the lion-and learned me~mber for Peterborough. He wes abatrister-at-law andrselected by Goverament to 1111thehiighest udicial situation intdie colony. He, thzerefore, must have'known omnethiing of law. The question wais, did'he recnonstrat~ htgainst' hose monstrous proceedings. or did he not ? If he did, it was ani mtereuation 'of his conduct ;i,ut it involved in still deeper shame ill ~he other meneubers of the court-miartial ; since, having been' in-' ctructed by himn in the formns of a'court of justice, and being 'cvi- ightened by hisq knoDwledge of law, they atillipersistea in their own =orse, and rejected his advice. By s'emonstrating, "Mr. Whraf n-ight have extenuated bis own offence, but't he affxed gUilt mnore itrongly on the other mebibers of the'court. But was rermonstrahnee iu'ficient ? Oaghit lie not, the-instant lie saw those chArges, 'the .nstant lhe heard the Lord Advocate, the insitant -the evtidence was lisclosed, have indignantly reprobated thi-s mockery oDfjastice, and juitted the court-martial with disgust ? Wts a mere: remonstrance :h'e fitting course to be pursuted by a'-man 'of liberal eduication P, He' if?s extremely sorry that ahiy man who wore_ the 'same town which' h e: had the honoir 'to wear should' have so' :ondneted himself? There' -was but one excuisS' f6r all thiis. Some allowance, it was said, must be made for the exigency of the .iccasion. HOW stood'thatplea of extenuiation?, On-'the 13th'of C)ctober they commenced the trialJ;' on thel9th of November itwezs termuinated; and onfthef2th of November, after five days'-delibe-' rztion, they- signed that aentence'which:stamped' t'hem with' eternal. libegrace. He could 'mnake allowance for acts commiutted under'the ~mmediate exigency of fear ;' but he couldV not tolerate that covwardly reeling which operated on men three ' months 'after all' cause' oE Fear had subsided and showed itself'in decds of'eruelty and imu) ustice... lie was aware that he hiad trespassed already too, long'sspbn tfae tame 3f the house; and what lee had to add would detainihon. mnembers but little longer. fie had 'said nothing yet of, the. stattemnent: lon~.' ained ini thet'AMissldonary$~ociety's copyof'thetrial, as-tothe refusal' )f the court-mart'ial to put particular'questions desired; 'Wiether'T ,hese allegation,s were true or false, heirlid notknow', ut it-wasfit-at eCast that-they should be inquired into';if'they'were true, the guilt' tif the court-martial stood enhanced a tibusand-tisnet, and."its'dis. rae miultiplied beyond all power of calculation.- But he wished, to CAll the attention of thehouse, and be would do itin as-few *ords as' possble to he eal auss oftharev lt wich-was falsely ~aacribed to thedocries ndconuctofMr.Smth. If there wa a settlement in te pssesionof nginr~ her'reoltmigrht:faIv lyave-been expeted t tht tie, i wasDemeara.In the first'plare,' it, was the settemet ito hic thre ad eenthe largest importation of' slvs Byrfrigt h aius regiters, it would apDear that the ortaityin iofelvesxceeed bur times over tUitof any Dte ooy Te report ofthe24thof Septtember-the very time at whih te revlttook lilace-the. reprt of'the24tfs of' Sptember tae,that one gre.'it cause of that. excessive mnortality-.was'-the-ah. sec ~of medical aid ~upon the eosttes. These wera somie circum- steacees wvell ialculated to produce a feelinig of disaffection among the negroes. Ag-ain, there was the order ofAMay, resirictiiIg.thleirattend-.1 ance at!places oF worship t..ris as mattersstood, w~as l-ii yto imvc'~ any effectrather than that ofsootising them. Buttliegra'nd'causeof.the. distuirbance he took to have-been the jrOvernor's conduci Witlh re&spect to the despaitch' of 1,ord Bathurst ; !t!. was imlj2ssiblci. to, imnasine any course of'proceedint better cali.ulatel 'to pebduec .disdon temt and '! danuger.' The despatch in aquestion 'had-reached Denreraysom thie7th of Juli,'at' a time'when dissatisfaction vwas know,.uup to a certain. point, tbprevail. The;nxietv ofthe .liiveshaadn'fiiralli' been pro- digious ;. the onlyquestion had .beenri, Vhat h,bd Oovuiiment done ?' And whbat course had the Government puirsued under'those circamstances? Had hekeptthe arrival ofiheaspstahsient aitoge.'. ther?. Eosuci thing, He hadaUoowedarumour togetib'outthejcoloIy and'to enter. the .verv. habitations of the slaver, that sonsetIiing g,ood: (forthe negroes) was'ithe papergand ytsip toAbeI9thipfAUgUs' a Deriod of six weeks, he. had never an any way publised1the.fui cohntents of it. Why what wAss.the natural_the inevitable.efect oF such'treatmnert is this upon the humarn mind P? 'Te'relgi,us ,fee'- ings of tbe men were insulted and violated' by the order of.May. Their hopes wete excited by the- depatch of . lune ;and then' their feelings, tortured -by -suspense up. to. Abe very 'dy ,or which 'the revolt' broke out.- Here -was: hope dbcfep' -on the one hand_-severity' of' punishmentAr increased , onAte othere *'Might'not these things make something lowards revo,lt, 'sven'in.; dependent of tlle., doctrines' and .preaching of.il,Smith'? "WVas' not toaggravate the sufferings.nd' disappoint the,hopes o 4wyu rc- of mlen, of"n.eceseity'to?uge thorn, in-the sai, to despeation ntd rc., ~555tI1~ WIts t not a principle abso1ute-ly-of pasur e, to check the .COMIDiSfiofl4icf&1me~s.and abominatIAn tg hatoJire wasi but a certair, lplft.t Y'hil oppreas.ion could -Ac-caf*j k end that,k,di- c, - th' inobmeni ,that linlit. wspsed, re-action jizivitably tookc place, in which .the, sUdlbntib !rtitst tred 1fb ssn" wreaik their vengeace on fthei tomnori Bit, te e jrimstances.operating t-the t~enein 4qiestion, even beyonid.64_ presaingjbn'es, -to- produce revolt. ~~ wOuld "be -remenikWrfdhAt the insurrection had brken out,neiarlv or ~stirly uo06eesUtas -"1 Sii6ess" and "I Ressouvenir."1 essouivenisi dis the - etstee .on whichi ar. Smith iesiaea; the ne;twascaled -Suce~."~Nowv it-had beim :rnnioured' ihat:he despach ofL6r~Ballitifst,.wbich canie out, in, 'sily, contain-ely ptosb~tonaganstufiiig the cart-*Ibipto, vomen'. Mlr. Hamjilton,. the ~nser f te " Rcsuvenir'! estate, had beard this- report;- and he oussholelsee wbat- use he had thought fit tG nialce-o Ili,' knowledc Othe16th of July, Mr. Ham~ilton's~ eoiivernsation tured(tlttwa~ i-eYid&nce) ofiwhat wasto bedon&. Hre,tZaidthat if h ~asi~o ell~edto- flo the womeri,A ie would : kee`p themin ~luar conineent withetut food'; hut'comforted him.. gel futhe wih osevink that the project of Mr. Canriing never could becarried into-.effect.. _(Hear,hear.)_ He (Dr. Lushington) trustedl.tbat the righit hon. gentleman" woula-disippoipt 11r.'HamiI.. ton,:iid those-who thought with hiiu. -He trusted that- he would tak'eb hsmtiseiuret -0 effiectuaIll' as that all the. intripaxes of atl the its. *tatei lhinsgers~f Deuirt!tra never should b6 able to ov-erthr'ow them.- MIr. lThmiltoti, hdwevor,proceeded inh hibeneoetedior n as he was nopegmaitteilto use the catt-whip any Ionger,gave catrs-of.. nie.tisto the negrodti~verIt instead(. Andheeietwasrightethebou5e- =hiideacquaintedl vith a fact which didl riot aupear upon the evi- dence~,. bukt whbich, nevertheless, reflected - the bighesz -credit -unon; an individuaL MIr, Van Cooten, the attomney of the, "1 .essouvenir"'--property, 'ian bearing of the messures.. t takep by 'ki'. Hlamilton, h'ad atonce.- gone down, to forbid the-use of th'e cat-of.nine..tails. and (to his immortalkhonour) turned AMr. Haiimilton diffthe p5tate. (Hear.-) So miuch for the "Ressouvenir" estate. Now to fook at ~vhat had been done on the" Success ;" and this was .apart, It would be recollected,, from any condemnation of the courts.- Tmartial, or fr6m any vindi!cation of iir6.mith. In a letter of Mr. Saiith's, 4dated thie Oth of AuguLst, he foundI t1kese word-t--t Mlr. Roche'-dischearged from the "1Success" estate, because 217 negroes; fjiave latelI' died upon it. Tb accomplish the orders of LThe proprie tor?, he over-worked the people. He-has toldmte th-atto nakethe quan.. tthyof'sugaa v'eolired by the agent, he must work, the neeroes night and ay.(lier, ear.) Novi he hadI-shown tbe.cause of tere. bellon(th ho. ad learned gentlemaw continued), andi the causes he tough, whch ad led to its manirb-sttion principally uponth Ressoavenir" es-ts To this he had the. few ordsto dd. hassiriof sveriy wichhbadlmark-ed the pro. ceedngsoshQcnrt.mar~al wsnoteretinct.Theshmarefeelng0ofre-. sistegqeothewis ofhmsec try-..to every tliin)gthatoffereda h4ie-f mra orreigiusin.struction to the negroes-still continued Theif'cold b bu one opinicn, for instance, in the house, as to the codc fl1r. Austin, tbhe.chaplain,-throughout the rebellion and sbs eqtlent proceediings. In despite of all Prejudices of the time, he hRd atood forwvard, the friend of truth, and the vindicator.of theop. pressed. He (Dr. Lusliington) held in his hand a paper which fie had recently receeived.: it was a newspaper of Demnerara, of the date ~of the 2.6th of April ; from whilch, gentlemnen should judge of the if&elimt&whichi existed towards Mlr. Austin in that settlement:_.. "1 This wolf'i-Itsheep's clothing," the Journalist said," this -worthless atiim-al sreiate now fixedupon in a tanigible ankd available shape. To denote our abhorrence of the conduct o.f this Individual is impossible. Will'the-inthabitants of P)emerara tpermit MIr-.Austin to continue I pod'ketting their money at sthe exvense ef their lives 'For whatI can be expected when the well-paidl ministers of the established church assist in railing againsr us ? ' The tkeu lives when. they do take the means by which we live.' e{f thbeye doo,rMr. Austin- will be fully authiorized to follow the line of business which he has comrmenced. Let that course be pursued towards the lurking,foe,.] which may make his longer stay among us merearnatter of necessi. sity- with him than of choice." The- whole article, w hich was of cosieral eng-th, proceeded in asimilar strain. In one sentence, M1r. Austin's character was "1 for ever gone." In another, the preacher wa4i t sunk' "his name was," blasted ;"-and." the pulpit could not shield him from disgrace." Farther oii, tlie.wxriter called upon the inhabitants of Dmnerara, "I as men, as fathers, and as 'Christizons," to discontinue their atterndance at churchi, 5'" until illr. Austin'opresence should no longer be m'et with there ;" and more- over, to shun all comm-unication public or prizvate, with!a man who was " a.disgrace to) his cloth." Nlow all this, it should be observed, had been written sevein months subsequent to the rebellion ; and yet let the liouse take notice only of the mnalignant, persecuting spirit which it,displaved. It would occupy timne which might be applied better, oLr he jilght go on for hours with .extracts from othier news. papers,exhibiting thesameaunreasonable sentimnent ofhostilitvas-aim)ts Mr Astin-the same inclination to depreciate and vilify then ner chalracter-and the same determaination to impede, as4 far'as possiTbe, the progress of religion or educatioo) amnong those unhappy people. All the public journatls which disgaced-for their existence was dis- graoe--t e colonyvof Demerara, were filled with the same seitiinents,~ eipressd-almostiin thiesam,e aIsguage. The circumstances of irri.. tti6on had passed -away, btut thfis siairit was still maintained; and it would be maintaned, to the inevitable destruction of the-settlement itself, utiless the house interposed its authority, and expressed in the miost decidea terms its 7reprobation of these proceedings. Tf Governiment did. not assert its right to manage and control the colony of-Demerara according to the principles of law and common.justice, a heavy responsibility would rest upon its head. Nqo less a responsibility. wouldl rest upon the House of Comnmons, if it passed fromn the present questionL without the must open. al,pwal of its discapprobation. But on no. one would the responsibilitv of opposing the p resent motion be so heavs' as-uphn the right honoasrable gentlman the Secretary for Forcigis 4Affidrt ThaLt hon. gent. had stood forward hitherto, with all the fb*ce of his talent, iinflaencc4 and sltua'ion, theadvo'cate ofinmeures, calculated to improve the condition of the negroio,&;-qu rhe nea tived the motionof thehlon.andlearned memiber for WincheUdiee,WE; a triumph wonld not that vote produce in Demeriara !-how wotald persecutors rejoice, and cry aloud. with shouts of victory! and how, froiaa the grave,-vwould the voice of the missionary bie heard to complatinof the injustice don.to hi'mn! The severity already shown to thei shwtes would be. increased a tkottsand fold-the cause- of re- ligion and moral ~improvemnent would be- lost. The authoIlty of G~Overnmlent would be lost in- the colony ; and all the hateful pas- sions'which defiled the heart of man, and made him abomintable on] theface of-the creation, would he glorious, and lofty, and triumnphant in it. - The houte owed it to the cause of justice, and to thle ince. moryof tat idiviual he ws nomor, to give no decision upon the peesio whch as nt sricly quiabl and ceinscientious; and o -btidetha manwho ~- hs vte, should fix guilt upon the memoy -o a arty, wi'hot haingthoroughly sitted the evidece uon wich hat ote roceded.Fie still tnistedl that the soue wuldnot e iducd t abt this (as he viewed it) MOs flg acet -proceeding. H-e 'hod that the voice of truth voul prvi; and, that the judgmnento Parliament would be in atccoracewth that whichi lie might state to he almmst the universal opinion of thiepeople out of doors At least he looked that tliehouse should do jnistlce, anidprevent, by- its vote of censure upon the pro- ceedings before it an,' repetition of conduct so disgraceful to Bntish feeling and British charact'er. dir. TI'NDAL trustedi that in disapproving of the motion before the house,- he should bot be siupposed to defend any irregulariLy, arid still less any undue sevetity in the proceedings at Demerarm But hie apprehended the house oughit to consider, not merely whiat hadl been done, but what was still to do-not merely what had been the offiedtof the transactions complainedl of, but what would be the effect ofthe'vote now proposed. For if the house declaredI that is Eaw with 'deep regret the violations of lawv and justice, &c., lately vcomaiitted on- tle trial of Mr. Smith, at Demerara, it - wotild be - pronTouncing a censure uponi the ch'aracter of hoinoura'ble men who had nio opportunity of being heard In their defence.' - There -were two parties to the case, 'and the characters of the gentlemen now' accuased were as dear to them as that of Mr. Simith c6uld hiave been to himself, or could be to hist relatives; and.l in fact it wasa-R quAlestiton aiow before the house, wvhetlier these gen- tlemien should. or snsonld not ever hiold their heads.up again in society. I1ndeed,1he-(:'tl r. Tindal) felt a little surprised at the course tile debate was,now - taking. On a former evening, th-e great question had semned ro be the legaitv of trying Mr. Smith by a court-martial, and the.manner inwhich'that court-martial (legal orilleRal), had been.~ constituted; hut, so--nisght, uhse honi. andl learned member Ovho had hist spokeb, in a manner admitted the -correct conatisufiol of thle eourt, arnd moreover that the sentence which- had been pro. rnouncea was borne out bv the law of the colony; aTid he (Mr. Tna)felt perfectly con.'inced that the h9n. and'le-arned gent. woud ot, even for argument's sake, have admiitted those facts, ifhee had not been -aware, from his own -knowledge upon the subject, that there -was amo chance of succcssfuliv bontesting- theisM. Before the house coula pronounce an opinion -that there haa been gross violation-of law in the procecdings at Demerara, it must found such an opinion, as. it-seenied to himn, upo n one of these three grounds- either the measure of punishment: -inflicted munst have been too heavy;, or the court must-have been withiout jurisdiction ; or the6 conduct of the court must have been grossly partial and unjust. iNow thelaw of Demerara was the law of Holland ; azidl'he law of Hollnd ws- gouned uon te ol Roau lawAr; and every one was war, wo ws cnvesan wih tat law, that the punishitieiat addfrhr-"1 if aiay mani -excite eiin rcmisi,h shall-ufe dah" He (Alr. Tindal) ddntma ocnedta the mle law applied to the subject iEnldwa-aot ehi in- eeyrsct more politic as well as huae u h a n Dc.. snrr a the lhutch law; and itwsinD era that Mlr. Smith had been tried. -Vsr Luv, a civil writer of eminience, whose "orks had been translated, iDto -Bng1hsb by order of Government ; several French-writers,too, of celebrity, aflirnied thie doctrine for wvhich he was eqntending -; and therefore, takiigAhe first point, the lAwflnekesof.the sentence, to be cleared up, hevuould propeeclto the second 4-tbe- constitiition of the court.- The question then was this_- the fais'question'before -the hoUSe-Was- not- the court resorted to th.ebist.court which at the time and place, and unde r the cir- cumstances, could, be: found?- He agreed that'if it was to be taken as a court-martial s ittig under themutiiy act, it-wasoalyvthe p'roclamation of m'~rtial1.w-which-renderedit necessary, orju-iifldd itsoperations. He'agreed too,-that it would be iticompetent to' try. by-gone orfences yv such a court -Butlit -was a verynew andw subtile distinction, to say that -the ofrence of MUr. Smith'- could be-I treated as by-gone. becauseit had been committed on the evening of th. 17thW. f August, proclanamion not issuing till the 19th- whei,in fact, it was a part of the afEair which cau3ed the proclama-.' sim 0 toi-sWae; and when, subject to.that proclamation, there existed no otlhercokrtLby which-it could be tried. Lettheeourt asit tood, hwoever,'be loklied at,-and let thehousesee whether it wasnot a court rathetfavourablc'to.Mr. Smiihthan.againsthini. -1 hatvrs thecourt bywhich he would have been triedi if thatproclatnation had not been iesaed e-a court composed df the President of the Court of Justice,' anda number of pertons (commonly planters) connected -with 'the enlony, who were judges both of the las and the fact of th'e ease_-' This wts a-court, then, comnp-osed of the -same. president bgainst whomso mauch hadhben sild iQ the--present debste; and a wlumbea brplanters, aU idimediately intercsted.in. the question. ' And he wmuid .put at to the candour of the hovsk, whether tbe courtby-which' Mt. Smith had actoaUllybeen -tried,- court romposed of offi6ers compat'tivelyr strange to the colony, sewacedv one, except the veri- dtpe mastrr having any connexiion- with Demerara-whether this a>;ut't *as nof likely to be maore favourable to the- -pilonee 'thb. t3ie divi. IbUQa, by whdic, udter other crcumrinos hc might have been' tried? P The. hbnourabli aid. leard 'gen- fltdigin thein ecomplained tbat, reasorablif candour~,had -n ot been extendea by, mreibers`on the other aide to' -31.'NVrayr.: 41r. Wray was4 a genitleman, of liberal educ ton,'fiisd,of zinibiimi6htfes 4h6e had been profassionally knb*a both, h lb't rd learned'erieaiber who,had last spogn, ;asd no qeant idn racterhledi ever hs,n'rd the slgiitest i#W hct.,'A Ai 4.eA .spet:i~rh prceedings3 Of' tha;.co_r, .:Iedij~~tes.h been bjectd to but' it. *6wuld- be t'oun4, ..p 100U _g- ~thie tria, tat farreterniumber or leaidig qAetin's,o. ~ fldm~ th ~eisozcr thanfroM The pio tcucwn; 4.n 4h" ~p~ obeeryation wo ~ul epp,ly 46 an'isofher 'compl t;-thto-;e, ceptia. o- heasay valen& Inthe :state et,.-top -of".. h- the satemet of r. Sith hmself Mr.Smith said, ..' I *entiiin', totakea~assofwine, &.I heard. Qa 9nin~andSatonW2fldi in alowtde of vice. 'Iiear'dthiim useth woids 'ia4sgers,'largL.. niew lw '."As the on andlearnedrmethberwhospoke,lassjaed.- quaoted thit ev~idence,thehouse might, hate supposed tha't.Br. .Sniiih had merelyadmliitted being present.on thisodccasion, withiout any re.. ference to the tonversation, thait passed. 'But tfiere i.vere'somefiact; which could nor be dispuited. and to them .-he-ksould,comne, tor, a mo. ment. Thie rerolt ha,dbroken.out-onehe'l7th-ofAnigiisr...thatw 'as .clear.. Itbaa been 'a reyblt headed by. persons high in office, or-attest.. dance, all of thems IatLhapdBeth~.-.-this wasalsoclear. iXr'.and Mfi; Smith had thouglit proper tonrmain in-their house atatlme when.- the other inhabitanmsof the colorny were flying, or had Aed.-..On tte. eveninig of the insurrection, again, Alr. anda Mrs.8mithwcre found. wakn-tsont4dsntrmhp~ev~e.rk out. And- nowicaie the imnportant point.-wjaetber Mr. Smith hadknownioen the. Sunday evening, the 17th, so-mnuchof theintentiofisofthe,negroea as it becamebhis duty to revealiwithouit'delay to. the Government ?. If he knewv any thirng which eaded towards revol't, t was his duty as a good subject, to reveal it'. Bristol'and Seaton had said that he- had such knowledge. The honourable andl learnedmembei (Dr. Lushington) certainy threw their evidcrice. away. as worthless ; but the honourable andl learned genitleman constantly -did- that.- by all the evidetice' which dia not. sait his view of-ther-sub..- ject. Whenever a -wituess statedl any' thing which the-honr. and. learned member dia' hot like, he, braded: Max. imminediately ,as unfit tobe believed. *Tse evidence ofAmnes and.Bayley stood in the amne ligiht with the hon.. gentlernarias that of.Brist6flor Qua- mnina. Rut still lie (Mlr. Tihdal) maintained.that- the evidence of; Bristol, as to what had passed onk the eveniti6of the 17th,Waz strongly . confirmed by the admisslon of Mlr. Snitih himself. MAr. Strtith adtnit- tzd the presence of Bristol arid Seaton, and atdmfitted he. heard tiern. use the wordg "managers" and4"new law." "'This (Wad3Mr.Smith) in- duced moe to rebuke them." Why to rebuke them ? Whby were they to be rebuked far using the words " managiers' and. "new lawv ?" WVhat offence was there in using such words ; .and' migh't it -not fair4 ly be suspectea that.Mr. Smith heard them ure others ? . The rea- sonable inference was, that hei had heard something. else.mentiosn. ed,indthatcould only havebeensomoethingeonneced with7 tliererrdt. The defenidant hinmsilf gaid, that "from all tliat hid pissed at'the meeting, he had not the sliKhtest idea of -any ievb1t breaking oar; andthiat i'was not until Monday evening, after helteart),of the re- volt, that he understo6id that particuilr pt ofj .cIrysnote had any, connexion withi the covrtiohhc a ne day pre.. ceding. But 'thefi L ee~ owihteetroy of the two witnesses callea by-i~ utled a,ta eknow more. oif the conspiracy hnh allln oamt,H eerdt h language used, acrigt.teejdneo ee,i rpslt drive. all thd m-angranoererfthesteitoheCut? mpake a good law an ahgra h asae eapae o thei hiouse to, bay if ths weetrswihago ujc ol esup,. posed to lise t,wtotitalyrovngtogive teflst -in.. formation othdaerwihteimldtothe constituted -au- thoritits? Cadti obaac edee any thing .leas tiiani criiminal-i a coon whc ositdo 70,000 slaves, andl no .More, than 3,000 or 4,00 wht Cuday good citizscn. on hearing.of a~ projected revolt, confine his e lrsfrthe suppre;ssion of it so say-. irig to the ringleaders Pray do' otat ?" The .letters writter, to Mr. Smith, and the answers whiich he sent, -were-, in his opinion,, coafirmathry of the same conclusion. It wosldabe: seen that Jecky' Rteed receiie a'letter from JTacky' Gladstone, which hvd e,could npt. comprehend, and therefore sent itto Mr. Smithi.. Theletter wasos fpllows :.-. AMy dear brother Jiicky, IE hope you are wvell ,and twrite to you concerning our agreenment last Suinday.. I hope you :will do according-'to your promise. This letter is written bv..acky Glad*toije. and the rest of Che brethren of Bethiel Chiapel; and all the'reat of the brothers are ready, and put their trust in you." It' a ppeared clearlv from the evidence, that the brethrcen of Brh omrsdt ringleaders of the revolL. This letter, it was admitted on-all. sides,. was put into Mlr. Smiith's hands;, and the time fixed 'for the disttir., bance to break out was seven o'lock.. Mr. Smith bad aL horse in the, stable, as wits proved by, Charlotte, 'the servant.' Wihy did iot he, mount it, and gallop to the Government..house, as the urgency of the m?oment seeme( to demanid of him ? Instead df. this, he sends aeA. anqswer to .Yacky Reed, who hadl forworded the letter. to him', avowing& that be didl not know the meaning of it, written in ihisiete;rms.-" TIc. .Ta2e~% Rsed.-T am ignorant of the affikir yosa allude to, 'and y~our' noei to-olate forme to taskepisnyinquiev. lleartityesterday thue. some schemne was in aEgitation, but withouit aking questions on thb. subject, I begged themn'to be quiet, and.1 trust thy Hil .'asty,' violent, or concerted nmeaures, are quite contrary to. the religion wea pirofess ; and I hope you will hiave nothning to do with thiem. -Yours for Chritt's sake, J. S' "1 If he knew of something in agitation, i-arely it was his duty to make that knownx for the security of' his fellowi-citizens of Demnerara. If he-was really* ignoamnt, why that counsel which he g,ave against.hasty, violent measures ? bow came that thoughtinto his mind, without reasonable grounds of apprehen.. siantx~istin?fin his own mind? After this, Quaminaawas proved to hiaye gone to the houzsc, and to have conversed, with Alr, or MrsM smfith, and to have reti red in secrecy. For what object lV hy dilJ not MroSwIlthsxplain' the object of-his vicit?. In cotlclusion,..Ax hiad consideied the question merely in regard to'Mx. Siinith's upa cotguit r inocnc. Bt tatwasno the question propmr;,t the huse.The ueston i themotin was nothintVless thant avote of ensre n te jdge ofMr.'Sith. WVas this .& wortnta.. ble corse fo the arliamnt of,Englad.? It wvas . nothiing lik th coduc whch as bsevedto an ordinary miagns. trate or to th ude nd juries in the, ordinary courts ; all of wom were aceie in thte first instance, for a conscientious discharge of dluty, even in cases where, their decisions 'were.charged wvith being erroneous.' Itv was-only in eXEtrordintry insatances, where the injuistice was so apparent that the whole.counMry criedoutagainst it,that the Parliament cou'ld be induceda to interfere. Upon -the wYhole, therefore, he concludedl that the, house could not be warranted iti passing to a vote of censure upou parties 'who were at 'too grebtza dlistanace even to be aware of the procePdngs against.themn, and.who, could not, therefore, be.prepared either for defence or justification. (Cheers.)WIrI 1 oDng"ratulated-;hls honousrishle and je1atned fidend,' whose talents he had long had' reason to admire in the mno,. deraisn and temper. which he had displayed, ar'a which 's. strouiily contrasted themselves with the violent and uinjustifiable mea.4ure%': they were intended to dlefend... Butt -as hiWs hon. and learetr/j frieina complained that the debate had taken a new course silcic the. commencement, so it scuight withi more justicec' be urgd eain~ his short but ingenious speecb, that it led inito a n'ewlinc,Ofilefessce:uj for neither his bon. and learned friend the member for Pretctbo.. roughi, nor the hon. member for Kewcastle, wiith all the advansqgegj which his station in the Colonial-offce gave .him,- Pad ester t-hought of an allusion to,.that unknovwn anduni -to-Hight unlicaed qflw,' to which his hon. antd-learned frint ilpst a iectTete. tention of the house. His hon. and learrned friend had doenwhat hp~ could to set up the constitution of the coart and the legality of-tbe. proceedings on the trial, but be.had expressly abenb~nied the 'lega. lity of the sentence But neither upon the .sentence nor uion the. law were he anid those who took the same side in the -debate ;greed.,i It was not only that those who had preceded himi had. failea to ail., cover those stores ofhiddenlearning with whichi his hon. and leariui; ed friend had strengthened- his ;ase-but what. said the IDepatp. dentd ad ireguar hares, adeaganst the pris~mir after hit 4e~ fenc, cntanin materswhih hduit beeab iatt&ia eirheii Rth~. opeingor.theevdene? idh renito Van Lewin arid.theothgr,. writes on thtlaef Holand,the R marciivil law,and the lg'w5,j. Franc? Noen~ wrdofeekind Hisreferenceiswir6o'taBlackston N' to thewritcrs on the law of Englanid, to tbecon'struction of' thQ ttees. rties. Seriou it igiht be, hut whose bl~was that? 'Thefwq1~ wvas in tse law of Eng'iand-..that lnwizs whc his hon. and .Iearhiea- friend was no inronisiderable a profi6ientLan&vf which-4 hrwsahnowu,. to be a very warmn admirer. . The writer~ of that la;w denoisneedia no very courteotis phirase, still with, intelligbility .emough,-the intro... ductiois of martial. law, ~ecct in timies Oif waai s&dppenreW,lion iA. illegal; andall e~ap.ialpunish ieots,indlictedunder~.the~law.mardal,~ except in sucli exigent maes as sniurders.- So spoie .Mr.; ,Justicc' HaIle, anid almost in the samie words anotherapoatle of the Engliali.. law, Sir E. Coke. Ife complaned of the corutinual-.and-uviers4l Application of paneg'ric in all cases.of.complaint, bro;ight-iefore te houseoft he abuse ot autliority. ije den.ied:tbat eitlserofhis. hon,'antl learned friends hiad surizeeded'in establishing 'that strained analogy av which they aimed, between thLis and the crimeof li-4~teason.Aft& confifning, themiselves to one of the ground a Ito"' which they had-- taken,theywere-stilbeatem within this pitiful elo'mpaas,,iecontwnded- thiat the evidence could~ not bear out tbe_conul~sasoh th3t Mr.smitls had commiitted the offence charged sgainst; bim.., Not-ven"tii Unider CoMrnisVSecretary with' all tlhe: lmnpc?isiti which i i~ p,layed, could wrork liioiself up to.that pitch ot'aserijon.' Ut got' sa. far us ezisam,-mpunc.spe.drf csue anld said: that thouigh' it wasi 'not stribtlj culpable, its4D aryemr~h crimilnalit ', tait', it b'ore'the aspeek of.. ri fpllt .ts~ But' beyond ths' no honoarable getlempe h bA thouFZt.fit-. too- nrone of theta hzd'ventured' to assert bis conysption.lha_'fur,, Smit lidictsil offended, the laws, As hi btfoi) siid: could Shtheyee hdio tat ul sfily;h.as tl preparedl toAeny-Ul~n.g.. logwhihhd'beiiireipte bt~etis ana tbecaseofbighteer~ lie igh gId tem 'he tat at4helaw -is.laid,down..between, masersan slv~sinDei~eara thitluie could upier. honour-that with hehanenfia whic' was iner likethssabsencereof sall iaw..a aeroe 0or punishment' devised Ifor- subjects:of oDe colour widheb )Yis not applicable to .asub-:e of anotheli tolour.- _-ve might, howcver, allolvs' tbat acoiUing to' hc-matitutions.of De_ merara, It .was high treason, pAnishable4wit4 tieoth.- for begwros I& rebel against their' miasters, or to' with1lra.w themselves ffor tluie months from theif 'masters' estateim' But whitbla that ctoAdo witit the 'gits of eitizena,' subjtec of the:Aamo. King, velildeit. in'that place? The'hon. and:learned gesitleiran went on to-show from thh: beafiisg of the ividenr, that ~lr. Sinith had' not lteen cDnvicted ofr e ny specifie chare,' supposing thb tribunal :nd-the law tobave bea'n properladiusted and appointed'.; a--d thit the-. utmost dengthwit- which hlt ahcutatious againat,hirn 6tuld.beipuheastoauynothing of' the' ontinual contrid'icdons in the evldelnce,would be, thatshecknfir of soine fcbieme vihie,a'a' .in-a,it tion, but lbit.the llathie fitht: 'schemer a as far atie S,mith's knowledge tw 4ontred hed btel nowllere dc~edLt. :He -diejiajuished betwBeen thcrie e?le. -coneal.. toeiet,' supposi,ngiteo ljay,vebenfiully jr#yedintheroa~eofa3X spiraLcy and'trcason.aginmsftb.te xisg' life, agndin -the cae'ot negroei rising tigai'st their ,tna steri wit,hout aiiy'vie'aof hotillity to the eon.. -stitu'ted antldrlties;san,d hepohited ositti edfl,erente,rinofth. l1w topon the"- w,o iotiecnceo . JUuchs streu 'had becn'.-id ulpon 'the faci that M21 Secefe4;|s:,,* ettee atj*'T@~i~e~2I lad b 'which wasi so apportioned tO Lsat'crirne Or OfTenCe wvas proper or aX. pedient, or justifiable, was a queswtion which upsan his Own resources, bf learning- ant1 ittfortnation he (MIr. Canni;ag) was' not comp2tent to decide, But- when the question proposezl toVse house wus o incul- pate this court-martial of inurder (he3r)-far t1hat was thid efl'ct of the ro in.wa he was to ask himself 'wvas, did the cout-mmar- tial believe that thiey were acting leg,ally in passing this sentence?P ettd were thev borue out by auithority if they aid? He would add, that he shioildl have had a rely different task. to perform from that whica hie was now csalled upon to diicharge, and hie shiould stand up there ander very different feelings from those witlh which he now spo'ke, if he were in hsis place defending a confirmation of this sentnene; because hie should then have to support the actof the exe- cLutive Governmentt, of whiclh he formedl a part, and to produace the necessary legal authority to justify such a confirmation. Fromn the authoritiesz whieb hiad been tcite, be dild believe that sentence to be illegal; andl thoughi it was a circuimstance p2rhaps already well known to the h3use, it waa fit that it should be known int thecourse of thtis deba'e, that upon the fullest and mnost careful examination of all thie evidence anid the proceedings in the case, h-is MajJesty's Government felt not a in ment's hesitationa in annulling that sen.. tence ( HeaLr, hear.) He stood there, not to defend it, but only to vindicate the vote, which, as a membrr of Parliament, he shiould give for not condemning the tribunal. by which that sentence was given. Another circumstance wvhich had not beenL stated in the de- bate, butt which it wvas mostimiportant to attend to, was, that in pro- noncn senteace, the tribulnal pronounced it in that way, whidh accorded to the prh,-Ier the only benefit to be o'btainedl by the lawv of Demerara. bad he been tried by. thatt law. thie adsnag o f which, he would have found in an appeal to this onty ThiAtErecomm-endationi was not an accidental one, but carriedtitsown execution with it. That recormienlat'on re- mitted the case to the King in council, by, whom it would have been annulled. It was no fault of his thnat he was left to conjecture why tfhe court having decidled uion the recomndiendlation to mercy, they had not adopted a mnilder s'entence-'one of transportation from the colons', or of imiprisonment ; butt in thle one case, thie senitence would, hadL it beeni more mild, have beeni executed while the irecomnmendation -which accompanie4 the other, took the punishment out of the hands of the colonial authority, and presrved Smith from beinkg exposed to the irritated feeling (for he would not deny that a great deal of izritation did exist in the colony towards him), whielh otherwise might have worked to his prejuldice. He would now call the attentinn of the hiouse to the condluct of Govcrnment when the lirstintelligefice of the transactions before the tvil.ha been received. Before the account of the trial arrived here, appli- cation had been mnade to Governmenit to send 5Mr. Smnith for his trial ho-me to this country. The noble lord at the head of the Colonial Department lost no time in forwardlingc a letter, with instructions to the Government of the colony, directing him, that if the trialI had niot commnenced, he should take an oppor'tunity of sendingMVr. Srmith to England, ini arty way not calculatedl to excite a disturbioance of the peace of the colony. That instruction arrived too late ; but stilt it showel the disposition ot thie Government here, end it Io reated when known there, as an additional'inducement to the &lonial Government to take Mr. Smith, as far as possible, out of [the reach of the local prejudices against him. WVhat feeling could be supposed to actuate the Colonial Gjoverrnment? What evidence [was there of aniy ill-feeling which could warrant the assumption of imnproper motives ? Wlhait was there in this case which sheould in- duce gentlemeni to imnpite issalice in the minds of the Colonial Government against di'r. Sm-ithi? 'Why, the more honouir- able gentlemen were disposed to impress upan the houise the existence of great prejudice in the colony ag~ainst the prisoner, and the more unfit they a*serted the local Jurisdiction for hiis Irial trie more thley most admnit that for whichi he (Mr. Cant- niair) contended-that the Government was riglit in subtract- ing him from the colonial authority, and sending hiim for trial to a tribunal where any, such feeling could not be supposed to exist agaiRsthbin. Tak-ing this view of the case, howv,hewould ask,vwould the re-solution before the house eperate ? Would ic be caleul-ited to restore that fceling whiich it was so desirable should exist in the co- lony ? He thought not. If he for onie moment conceived, that by passingi by thlis sentence on the present occaion, hie should create a feeling in the mninds of the inhabitants of any of our XVest Indlian colonies, that Government were desirous of going back fromi the pronsiises they had made, that seligi- ous instruction shoaldl be the basis of all thie future im- provement of slaves-it' it were to be imagined that they could be liktely to adopt some of the opinionis exprcessedI in resolutions passed in thiat colony-if, :he repeated, suchi a coRstruction could be put upon the conduct of Government in passing by this sentence, he would not be disposed to purchase the good to be expected from it at suc a prce but lhe couild not imnagine that that would be thie efet~c of the! house paissing over the trial and sentence. The sense of Parlia- ment would be ais fully and effbetually expressed and felt upon the subject by this discussion, as it could by the adoption of the hon. sand learnedt genare.tan's resolutions. After what had been said in the wvay of complaint by the colonists against the with- drawal of Smnithi from their jurisdiction, they could not for a mo- ment imagine that by not inculpating the proceedings of that court, that the Britishi Government or the PArliament were receding from rhose promises whiich had been so recently hield out for improvi.ng the condition of the slaves. If aniy stress were laid uipon th des structiion of the Methodist chapel in Barbadoes and the expulsion of its minister, at a proof of the feeling of the colony in thlis rpspecs, it sqhonld be recollected that this cirumstance ufl'orded no proof of anly disposition ef the Government to sanction such a feel- ing; for the individual who wits thus obliged to fly from one isand, was most hospitably received anld protected in en- other,' which was ailso a Briti sh colony. fie would shea contend, that in the notice which the discussion of t1his ques- tion would attract (and for the introduction of it he thought thanks dute to the hen. antd learned Mover) the colony of Demerara 'would find enough to be convinced that thieir's was niot a triuimph over this individuat as a missionaty-that Many such triumphs over other mTissionaries (if triumaphs thiey should be c-alled) would only hasten the final triumiph over all Pttempts, to shut out instruction. (Hear, her)The amendment of "1 the previous question" withi which he shudconclude, would, he thought, be sufficient to show that the object of Government was to rescue a mnan (whio, ats it was contetided on one hand, was not guilty, and~ ont t-he other, wvhich certaInly, was his (AMr. Canning's) own opinion, was not innocent), froin thaLt tribunal which would be likely to p~roduce his destruction. He would not go into the details of the evidence, which hiad been al-readAY so amPly !conimented upon by both sides of tise hause; nor was it at all necessary for the view which he took, of thie question, that he shouild go into suacli detaLils. The question here was, whether there was that degree of innocence in the conduct of Mr1. Smiith which called upon the house to condemn his judges. It was clear, from the evidence, that he knewv of some public disturbanice beiu& in contemplation ; from all he had seen anld heard, a strong imnpression (undefined, if gentlemen pleased), but still a strong impression did exist that some public commotion was in contemplation. This was apparent from hiis own journal. Now if he 'were a man lvin~ in that st-ate of mind' that he could not have anticipated or dres edny public comlmotion, it would be easy to account for andl excuse his conceal- ment of the information which he afterwards received in the letter; but his was not that stateof thoughtor feeling which could make him indiff'erent to what was passuin arouind him. His minid( was in. that IpreparedI state,from hits knowledge of whait liadpassed, andI of a great dleal of what was passing, that "1trifles light as air" must have af- fected himr. lIa such a state the communication made to one already fimpressed even with an undefined notion of somiedisturbance, would have piodlucedl a very powerful eff'ect, had he been disposed to e'qufintthe authorities with theo,danger which he knew or suspected. lIt what did Mr. Smitsis do, wheni he received the letter on the 17thi? e tore itin pieces, and did not say one word about it tothe local authorities. (Hear.) If it wouild be contended that nothing should have been brought against him on t'he trial, that occurredl be- fore the proca-mation o'f tho Governor, he (Mr. Cunnting) would say, that had'he beeii oni his trial, hie would have given himn the benefit of erver circumstance which could at All tend to his advantage : but on 'the isame principle, in tryleg his judges, as to the ex- istence of mnalice in thei-r conduict, he would say, that If he were satisfied of the exIstence of the corpzse. delkifi on the part of thte prisrner,_if hie could not acquit him Of a knowledge of what was pssing,.-.he could noct conyict the court of a malicious in- tenttion Hilere was a man, who, from his situation--from the means of observation wbich that situation alforded, and from hiis peculiar intimacy with the habits of the slaves, must have k-nown their dispo. eitions-from his own journal it was evident he was acqluaint-ed withsj thie fart that somrething was intended by the slaves: hie was after- wards informed that a rising was intended ; and yet he was silent on the subject to those to whom the information he possessed woul1d be of the firsat importance. Coul?d it be supposed that he was igno- rant that the fatts which had reached him wouldi have pro., duced such consequiences, or that the pLerms of the negroes would have beeni carried to such lengtbs? Could It be said of himn as Mtirabeau had said, speak-ing of those In power in St. Domingo, before the revolution, They sleep upon the verge of' a volcano, and yet the first sparks give them no alarm ?" Here the colonists slept upon the verge of a volcano0-this men must have perceived the sp arks, and yet he gave no information to those around him. He (M, Canning) would not say that the object of Mr. Smnith was to promnote a rehuellion-that he had any auibitiouis viewvs which could induice him to take advantage of such an event. His object might have been, perhaps, an unwillingness te be- come an informer-to assume that ch aracter which is, generally speaking, so odiouis In social life. They all knew the ab- horrence writh whiichi an informer wvas viewed. Who was there who in reading the, scene between Jafiger and Pierre after the council is over, ita whichi they hiad planned thle shedding' of so macis of thtir fellowv-citizens' blood_who was there who considered tlse vows of fidelity which were interchanged, that did not turn away with dis- gust at the informiationi afterwardls given by Jaffier, even thougth he recollectedI that the livesdf so muanY would be savedl by thisi act of an informer? However muchi onie Migh t reocy tte cosqec of the informationj, one wouldI detest thie informer. This, however, was thle enthusiasm of poetry ; the doctrines which it would seem to inculeate wouldl be of dangerous 'aPplication in societv. They could not be received in the strict administration of a courf of justice, nor should they be allowedt to weigh 'where the safety of a comnmunity was at stake, They could not, in consulting that safety, soften clown the language of the law, and call misprision delicacy, and conceal- ment an unwillingness to betray honest confidence. The house should look upon' Mr. Smith in the transaction as a subject owing allegiance to the colony; and then, even admitting that his mo- tives *ere an abhorrence of tle character of an infornu- er-an unwillingness to betray those who confided in him -and a little vanit in being unwilling that Isis own congregation should be exhibited in such a light,-still these motives wound not ; hustify bim in withholding the facts which had come to his know- ledge. He should have gone down to the Government at all ha- zards, and told all he knew. But it 'was not necessary that his friends should bebetrayed-that they should be exposed to punish- vaent. He might have made such a communication as would have warned de authorities of their dairger, and at the same time conceal- ed the names of those concerned; or if he did givethem,it might have been with a stipulation that they shoiaid not bc punished; or cotild he not hayc offered his own metiation between the Partics-could he not have said to the Govemninent, " Aly arms are those of the spirit, send me to my congregation; I wsill exert my influence amongst thenm and, at least, prevent their committing any excesses ?" If dlr. SmitA was that amiable and excellent man which iron. nmembers would wish to have him considered, he would have acted thus: but what did he do? ie passed by the Governoc's house twice on the Monday, and vet he never thought it worth hiis while to communi- cate any of the information which he possessed. (Hear, hear., He (31r. Canning) would not inquireinto the motives-theymight have been good in his own opinion; but whatever they were,he vould say on the one hand that he ras not entitled to thehonoursofmartyrdom; nor wherehis .adges proved to have had that mclusnainuss,that tbey shouldcbecondlemnedfor their sentence. In conclusion, he would observethatthe house 'would best consult its duty by takisig no far_ ther c;ognizance of the atir,sdtislledthat the discussidnfwould answer every purpose of pbublic justi6e, as well as the xesolutioni of the hon. and learned gentleman; and that this determination of -Parliament wouldnever be miisjteprpeted to any lukewarm disposition in sue. cording to the negre slaves the full .benefie of- relligious lnstraetion; (Hear.) 14e then moved ".the preirous question."- Alr. EN'MAN rose to address the houne amidst louid .cries of "QeetionI" ed. "djoun I"fleassured the house, thAt he woud nt resasslog o thirattntin,and that it was witht re gre heros, atertheabl sttemnt nd tatsmalik viwsof the righ ho. getlean.in mst f' hic e ccurdtoiff c fnn him n te cnclsios wichhe rewfrom smofte.It wtas rathier strange that now, after the .sentence of the court-martW ia d ceen condemned by nil-after it had been annulled by Government the House of Commons were to be the only bodyv which should ke prevented from recording their disapprobation of it. WVhen The sei~. tence of the court-mnartial passedi against this unfortunate iladividual -that he should be hianged by the neck- untal he was dead-had been rescinded, and- out of complimaent to the court cimmiuted to bauish.. ment from the colomy, in whiich, a.% he (Mlr. Denman) contended, he had not d*ne any 'Wrong, the Government acted a very ieoil.; sWseat part-for they approvea and disapproved of the same act at trhesame timne. It was curious to observe, the inconsistencies to 'which. Itheopponents of ithis mneasure were driven. It was at one time urged. that Il1r. Smith was unwilling to become an informer, and yet, Iin the same breath, it was irmputed tco h'un as a crime, that he did not, by telling all he knew at once, expose himself to mhectat se of D tneraa neT orthe hon encdlearne ment.so th-e Geoverne . nethculse of thmeraneTh, hor tod theartende mercties ofrteGoern.e ~ argue that the trial by court-martial on this occajon wias in, the: begtinning, middle, and end, illegal. In this, ha obs6rved, lie' djd rni go beyond -hose who opposea te maotion, and he tberefc~e' cjIle& upon the huuse, if they went along with him in this opinion. t6&dm e to a resolution expiressive of that opinion ; and give to the Gojdrij.: meat that power which they would possess after the resolution wa~ carried. The trialI by mrtia law was, he contended, only justifiedf where no otherlaw couldaha,ve eifelct; and ~f the reua courts were opyen, the trial of' a man not gener-ally boudc by that lawv, was illegal; and if that nian suffered death in cease- qutence of such trial, it n'ould be murder. He complained not of the declaration of msrtiul lawv in the c-olony in the first inistance, for thiere were case where suth a measure was necessary ; but he did comdplain of the continuancee of that lawy after the insurrection [was put down, and of its application to atn inidividual who sihould never have been subjected to its operation. But it was said that if Mlr. Smith badl not been sent before a court-martial, he would have been sent before the President, and his eight commiisaries in the civil couirt of the colony-before,perhaps, pl-Anters, hut certainly residents. That might ha so; but then there was a material ditl'ereace between Ithe mode of trial in that court and in a court-martial. In the former they had a fixed standard of righit anti wrong; in the trial by court-mrartial, there was no -restraint of aniy law. T'he whole case was in the discretion of the imembers of the court. But if this were foundl a wturce ot disadvantage to a soldier, howv much more forcibly mtast it hiave been felt by a man who' wa,s not acquainted with any of the mnodes by which proceedings in such a court were repulated?I A soldier tried by a court-martial, wastrid b hi persandhetorea tibnal with 'which he was ac- qusieed-asjngedby tose ulesor rticles of war to which he wa5 boun togiv obdiece:thememersof the court wvere bound by a sese nd eelng f hnofr,rhic wold e sensibly, awakened in the aseof hei brthersolier frm al tese considerations, the accu,sed soldier looked with confidence on his judges. Bat howv dif- ferent was the case wvith a destitute missionary ? He was alike ig- norant of hisjudges and the forms of their court, and possessed anone of those advantages which thecidvil hsw in most instances threw around the accused. The hon. and learned gentleman then proceeded to panrulteicliravntgswich an accused person would have ''ib'y 'uthe forp~ms. o.fa aeven tthe gCourt of Detnerara, above thos which a- courvr-martial afforded;. and contended, that before the for. mer it wvouldl be impostible that ruch evidence should be admitted against a prisoner as had been offeredl to, and received by, the latter. In no other court, except a cnurt-martial, wotuld the private journal- ofl the accused have been admitted as evidlence against him. After all those advantages during the trial, he wvould have the adevantage of ani appeal to the King in councl), before whomn the whole matter' might be gonie over again.. He would ask any one who had read, th eidence, even before thiey hadl heartl any of the statements, whic3a had beenre,cently made in favourof thountortunateMDr. Smith, and let him pronounce, his opinion whether it was riot such as -atils- fied him of his perfect innocence, He himself, before he came tIO this discussion, or heard any thing on the subject, hadl-perused the evienc gien n te tial Hewasno fanatic; he did not sub. scrie toany f teseocieies,and betought it woeald have been prudnt t avid dscusionas mch a posible atlsresient on anly sub- jec coneced ithnego savey, f te people of Demerara wouldI allw i 4 ut iththoe feligs ndwithout any prej'udice, he wouldthenas h didnow,stat itus his opinion, thaLt Smnith had een accuse most full of a crm, of whichi, on hiis trial, he ha full proed hs Inn cnc: why the suppression or pars o hajorai o te tia wa aful poofofthis. It was said.. tha h ba septonthevege f vocao, ndwas not alarmed by te fist sarks Th illstraion ouldbe erfect, if the fact weretrue Mr.Smit didcommnirae tothos inauthiority all he knew. ffe stated from his'tmperfect knowledge the discontent which e-istedl amongs t the slives, in consequence of the non-publication of Lord Bathurst's letter; and the great indiscretion lay with those by whomn that was held back. (Hear, hear.) If a man were to suspect, or even to know, that a combination of work-men was to tak-e pla-ce, to" 1 strike" in England, 'in consequence of the non-publication of' som ac orreglaton elaivetovages, could the concealment of hatknoledeh caledmisrisonof treason? He contendedt thatit oul no, evn toug th cobination might ha afterwards attededwit faal cnseuenes.Thehon. andI learnied gentleman hereentredintoan aamaattn o seeral parts of the evidence ad- duced agahiist theprisoner on the triail, and contended that they were not of sufficient wveight to convict him of any of tite crhimes of which he was accused. The whole tenadeny of it went, he maintained, rather to show, that as far as he bad reason to suspect the intention.% ofsomne of the slaves to be bad, hie had endeavoured to dissuade these from any rash attempt, by pointing out its dreadful consequences. The slaves, -when they we,e askedabefore their execution what Mr.. Smith hadl said to them,.denied that he had ever advise& them to take up arms. An attemnpt bacl been made to excuse the--proceed- ings against Mr. Smith on the ground that the white population' of Demerara was in a state of great agitation. But why were courts of law established in the coloniies except for the puirpoxe of allaying thiose angry feelings which might pervert the coursqeofjustice? He wvould not trespass further on the attention of the house. It was admitted nearly on all hands that the sentenice of Mlr. Smith was perfectly unjustifiable. He must, however, say that he never recollected en instance in which such a hard measure had been dealt to the memnory of the mennest felon as bad been dealt in that of Mr. Smitis in the course of the debates in that house.. (Hear hear.) Sir I~! YO RKE said th-at he had not such bad taste as to occupy the attention of the house for more than two minutes at that late hour. The leaned doctor (Lush'in ton), in his speech that even- ing,bad a.dvised each mnember of that iOuse to re-ad overtbe evidence on the trial of Mr. Smith before be gave his vote. He had read the evidence, and he confessed that he saw no reason for finding M1r. Smith guilty of the crime with whiceh he was charged. If 'he had been a pectry jurvmnan, he would have acquitted Mlr. Smith upon ther evidence. (Reasi) A whole lunar month was cons'sneed in finiding' him gailty. He remembered that in the early part of the revolu.- tionary war, the present Lord Chancellor, th'en Attorney-general, spoke for nine hours against Messrs. Tooke and Hlardy. A witty, friend observed to him at the time, that if suich a sharpghrewtl chapua theAstorniey-general found it necessary to speak at suchlength against the viisoners, they were SUre to be acquitted. (Hear.) He couild not 'help thinking that the long period which 1Mr. Smith's trial oc- cuidproved the weakness of thne case against him. The speech oUf Pthe ight Hon. Secretary for Foreign Afiuirs had not satssfied his mind;- it wras a mere apology, anad nat a defence of the proceedings against Mir. Smiithi. He thought that the bloody record ought tar be wiped away, and, utnder that impression, he would vote for thle motion. (Hear, hear.) Air.BROUGHAIM saidl, that he would detain the house only whsle he mnade a few observations, which were called for in conse-~ quence of the newsahapein whichi the question had beenputby some of the members on tie other Eide of the house: for as to the merits of the case which he had put before the house, not onily bad he heard nothing to shake the opinion which he had originally empressctd, or to meet the arguments with which he had feebly attempted to support that opinioni. but, besides the powerful assistance which he had received from his learned friends around him, who one after another had distinguished themselves in a maner never to be for- gotten in tb'atbouse, or by the country- which would gain them eter- nal rattud, a th abl, eoqunt,andhonest rsopporters of truith andjusicebesdesthi, h ha ontheotber side, instead of an answr, isted ofanyhingconraditorof the position which bieset our ith,an amisson, conessin, aplea of guilty, withi a Ie coinendai6nto mrcy,an rgumntin mitigation of punish- incS twads hecout-mrtal ndthe Governor of Denie- rara, but hie had nothing against Mr. Smithi, and nothing infvour of the proceeding agains im. (Hear, hear.) Hisbhon. and learned friend (AMr. WTindl)s had taken a somewhat different view of the question from that whLich had been stated by his friends on the same aide of the house. Hepanysaid, that,. with regard to the case of Mr. Smnith, the Engish law was out of the question, andt out bl - camne with die "Dutch - code.- "True," said his lharnied friend, " nothing so monstrous couldi for an instant be entertained in Engln." Certainly there was siothing like a capital ersue committed. Even if treason had been committedl by some persona conspiring the death of the King, and an overt act of treason had been proved-if the bond of the conspirators had been produced in court to convict them-if Mri. Smaith had been proved only to have known of thecir intentions, to have seen the bond of the conspirators with their -seals attached to it, to haLve met them, to have done every thing but make them his accomplices, yet he could Pot be capitally punished for so acting, in ain English court of juistice. The court martial their had, according to, the English law, exceeded their Jurisdiction in sentencing Mr. Smnithi rdeath. This being the case, it w.rs found necessrY to refer to foreign law to support their pro.. ee,4inps and accordingly the Dutch law had been prodaucr.ed then his hion. friendl had got himself into a dilemma, tfrom which,liahi his acateness, and a ll is learning, had not been sufficient to extsi- cate him. He observed that his hon. friend did not get so bandily oyer that parTt of his ground as he had in other parts. He became confused and inconsistent only because he felt that he hati got upon ground which was utterly untenable. He said thzt the Dutch law made Mr. Smith's offeznce capital, though it wvas not so by the Eag. 1lIsh law an tha th auhoite of -------a hA a righ to try him by the Dutch law. But rccording to the Dutch law they had no righlt to'try Mr. Smith by court-martial. The Dutcl law did not recognize suds a tribunal. The court-martial, tlherefore, sat according to the formns of the English law. and to English iu- thorities only wsasppeal frequently made 'during Ithe triaL He had leoked' int vtain through the report of the trial so find any references made to Blynk'etskoek and Huber, the Dutch jurists, whom his learned friend bad introduced to the notice of the house. N'o; the only works which were quoted were Blackstone's Coinm mentaties and his learned fiend Alr. Phillips's book on Evi. dences. llith citations from tbose two'books, the observations of the President and Deputy President were gawnished from first to last. The court sat according to that law, part Noutnan, part Saxon, which they, in this coamtry, were uccustomed to call the old-fashioned everv ay law of tngland. But if the jaris. diction of a court-mardal were adhered to, what- would becomne of the capital punishment ?- They had the court by the English law, but away went the punishment for mispni. sion of treason. If his learned friend wished to acquit the caurt-mattial of the solecismi of hlving convicted capitally for; a clergyable off'ence, he was compelled to appeal to the Dutch law, and then what became of the court itself ? Between the two horms of this dilemma, where his learned friend had chosen to place -bim- self, he would lease him suspended, assured that he would never be -able to leave one of them without being irpmediately transfixed qn the other. (Lsaughter.) The Attorney.(Gnerhl seemed to have some-misgivingsritll respect toshe arguments of his learned friend, and lie applied himself to patch sp what he conceived to be the hol' in his case He boldly asserted thatthe authorities had a right to tryMIr.Smiuth by the English 7dDutch laws conjocuilly.The English i~7 to tbner ofthe nev-wro alriin ancl lhed not talken the- preeaia. tOtof ineocmilsoz the KovPeratuhl -authforities. It seemped to be entirely orerlooked thlat the saimc book of evidence proved that the revolt eras oilznly-anesrnotoriontsly raging4'rom 4 o'clock till 6, when Mr. Smith received the letter..- He agaiin contended that the tree- .%on ou,4ht to havebeela suecified aTid brought houie to .5r. Smith, insteaJ of whilch there Wias not a tittle of all the evidence upon whiceh hi.s accusezrs most relied, whnich dia not substantiate the fact that on everv occatsion he had done all in hia power to dissuade them from every tliing like violence or c-oncerted measures, and begged hWs fol. lowers to having nothing to do with t.tici. He reatl samges from the evidcnce of the Rev. Mrl. Austin, chaplaill to thie colony, cor- ritboratitig that fact. H[ed-eetrecated strongly the unieven state o' lie law which left so greta dififaence betwvee' 'the rivhts and privileges of' citizens of' different parts of the samne emnpire. The whole body of the evidence tendaedI to shor, 'that Mr. Smith had on all okccasions recomametnded the slaves, t-o abstain front vio- lence, anid yet it was s4id that these recommendations were onlY :fbr the put-pase of concealing hLs real designs. Every fact was tor- tuewoich couild he madp to b-.ar against him on this point. Thie counsdl that he had given to the slaves was- asserted to be mnerely coloilrabie~, andI he wvas roundly c'hargcEd with having been guilty oh more than diNsimul.1tion. In reflecting uipon the way in which thle stubject ha-d be!en discussed, and particularly thec speech of hlis boo.- friend (ilr. Tindal), lie was tilted withl astonlishment that it had never once been considpred what rmanner of person Mr. Salith really was. He had been trea.ted-, by ttse court which tyied 'him, and by soini of the hion. gentle'men in thjis house, as an aspiring adventurer, as a man wvho hotted to gain some adlvanltage 5o h eeli, of the negroes. It wai necesanry only to look to) his. islurina for at ref,station of this uniust a.spersioo on the utteortu- nate rentlemnan's memory. If he didl dreamri of kingdom4, thsey were not kinz.-1opns of this wvorh1l. Hie did not fomnent rebellion that ht mniht becomei a dictator, hut he was a humble, obsctlre, retiritr.n,n.ividtual, wvho, as3 appe-aredl by his Own evidence1 didi not 1wot hi n-elf. nor n-adid leam n 11an his Enc 'celop2,dia what martial hs nte .t And ver this maoi was represented ts wishlinit to found a newvaitlit-ty pn..sernment. whter.e Jac'k was to be K9ing, somne Gill perriaps, to 'se Qieen. and he himself the Empertir. Ilie was satil to th'ik o! notaing bat l'eperhineafit:es, egioucex, and of this 0,:sacn ho hall been fohind cuilty. There was this akb. st11rdizvillo ht pro;erdings of thieconttt.thev foun. himiguilty olt the fi!-.r Char'e, tlley acquitted him of antl crmitnial initenitioni, sodI vet ti, s r-so 'uicel sentence -apito hint. TIhose ivell~iriforined late- v'lc. tib-e xdgsithi epaulettes, wvith all the knnwledete of Trinity Coll-'ge vo itel"sn thesze qeconi D mnies czOte to judgment, or rati'er 01'se .Es'useins anil Rbadmlaanthuses had the firalness ot' i'erve anti rhoe dRiirencv. of understandinir a-s convict. this uinfortul- nate m-an, although itv~ acquitteslitim of thet tialictuns intenition-a pi-oetdn~ hic tru diecty oonie toevey pinciple of every law, ho.fct.([har, hiear.) O',eofteohrcag'aait r ';-nith 7as& thi't hI.l l-d been inco)mpany withi Qaunlina after he knew of that 5i2V'51e intentions, ande vet lhad not secured him. TPhis, ho cver,r was too much evenl for, tie imilitary judges ; they wa,re ~s" ~edfora momsent to entertain cntis charge, cihen they saLz tire poor m ii agtainst whom it wasmate the. marked ic~ti-no i cnos.iosnption whlich w.as rapidly dmaeging him into thec atl' C Upon. thlis he was acquiitted;- but thle Dc!puty.Judge Advo- ct' ekesemed to have qtu lied the laws to a very convenient IiirI in nage 90 of his reply, that - this chiarge wasi Sans- fit,, Ini rorinigi the! bare clircamstance' of, hIkd.its beju in the PT'"i- of D Q'iamina, at ltia house, t's the 19:ii andi 20th of August, '3An' The fricirily cn.)nritsunicatinn wvhichi he heldj with htim at that SQ TMho 'odatnt, ; methiod of prioving a roan's guilt had -.st'er h'tfihTeo llen cortAtdto atnd vet upon the trial, of whicih thlis loird,icdintr formed a p-irt, the pdeisnee %ve,4 found gcuilty, and ecu- tr-.Ct 1-not to undterLo a punPmisl.nt which mnight be p-oportioned co0 ias cnilpablt. enthusiasmi of which hi, hon. friendI thought hiM z~!r;t-~h-at t-o h-e han:;ed by tuie nec, uintil he was dead. Anothier ihLr e &riist hiom ies, that he fad held conimunications wtth Qu-vo1ina. with the ,intent of aidling the rebellion ; and of this,. ha- hail been Iufomn ult wittaat any legal o atis,L,- -factorvy ev:idence. Good fC,kod ! whiat case was it that he wait -etz`r.ga ti time of day, and in this place ? Coutld it be beliceNed. but for the unquestionable instance before t'.enl, that ano, trihurial could now~ be foured to pronounce unon the gnQI-t of a nrscron upon mere inferences, and without pro.)f : Bu,t this was ront all- that' proin*nuced not onily without sufficienit proof, but dinec:,'yrin the fla~eof eucha evidence as they hiad, ani their sell- te-e-- remalretd to this day unrev'ereed, anti even defenlded in that Wsus. (Har.)On, wtord more and he had dlone. Hlis utter aver- 3inn to t!-is procecding waus foundled autaon his belief, liis rooted and est.Oet firm ori,ioio. tlitat it wa.,s not .)Tr. Smiith in person who hiad been skough,t to be tataclcdl hy it. but it was all instruction, and partien. "arl l eitos irstrutl,ion, that was aimi-ed at. It was because th troswho) had contomitteti t hit nutraze upon humanity, t his in-- 'stilt ngtair;s-a)l laws. beliived that the tiaching the slaves the mild dic- tritnls of tb-e Chris: 'an rel:zion and thieircruiel treatment of themi could nat eKist toX-tsehe,z -hat they ha(l thu-i sav3eely struckate the SYSteCm Of moral and1 %Iltrinus in0icsrteinn through the sides of tile unfortunate mtsstonaTv. Il7 thi.s ,ould is-! for a mom-ent doubted, he wished tlant nnty v entiInvits would tell himn for %wh.rt reason the dliffetrence had Ibeen mnade Letween Mr. Smith aind Mr. Hla'niltin, againet whom fliany acts of trea-son were charged. It was beactuse the latter s-as n:t a rn,6,ltnary', becatuse he haid nothing to teach to the s'laves. Ier-itise ile iad no partialities except that of wehipping thlem, that lie had0 bee1 spalted. Whlile 'Mr. 8Smith, with his journal, whichl proved the runitv of his initentions, was persecuted to death. (Hear, hse.i.r.1 lie wouild say, in the words whilch hadl been use, in fthe 'ace of M1r. Buickinzfiam by his lion, friend tite member for Doir- wiaro, let tint the system be cotideLmned throutgh the man ; if it were lmv!:il to da the things, let no tasan he condemnnedI for having done tt'em, hat (Pt the systems be chaingedi. If in were triie th~at the cuiony eauld rat hei mnaimtained while C-ite influence of religious inttructlon p-tevailca, let the chapels be destroyed, let. the mvission- ariet be ccalled, let the Bibles be burnt but first let it be said that these c rnursico~, -eyerec inesa;y .n, let tit publication be open and -nraf,. Ile hoped that the temper d.isplayed in the evidence of 0~-.t msr-f venerable andl enligntenedI ministe r, the Rev. Mlr. Austin, whic&i bail heen quoted, woold be adouted by the ho,,se, and that it woutldl not give its approbation cto the -grievous andI cruel act of in- JL-7s6ce wYc'i vt w ihietbji-t of the pre,sent debate. (Loud checring) -T he ATTORNEY-G ENERA', then inst and said, that, in the '-l'srvatinns which iea pr-oposed to addres's to the house, he rthn:03. not occtupy a greattiortion of time,buit, after the specech of his honnu'abie arilt Leat-neil1 frietid w-Io had just sat down, he felt that he should not, discharge his dluty unlesst he expressedl Isis opinionts on Othis veer imnpo--arit subjiect. tie did not hesitate eo admit, thiat it he havi been obittedI to sit in judlgmient On thle coirtr martial, ctle roednr of which were the ohltjct of the present discussioni, that e slitud hsave conice to the samne conclusion that thev had adonted. Teat, howecver, wa '--it now thle qttestion. The persons comprising that caitrc tiu" -be alloweil to have been ais independent of the colony as, lie was. They wrere acting uinder ttie sanction and responsibility of an oath ; they decidled after deliberately hearing the evidence on both s:des,.lie couldI not therefore take upon himself to say, be- cause lie rhould perba,,i have corme to a different concuin that they. h id actetl erritnottely, much less that they had acted cuelly,111 and corru"rli, and that they had been influenced by the motives whichi a-id been so liberallsr ascribed to themt by the hon. gentlemtan On ti~e other side of the' louse. Nothing cEould, he conceived, be ninre tatt'uit titan because, ulpon a cool and carefuil revision aft te eviXeoce. theIso-e slisnuld forin an opiinion differ- ent fromi ttat of the court, it shouldI pronounce the court guilty-of error and corrutption. lIn eallisig the atnino h housit to the actual stare of the question, he would first observe, thait. withi reqpect to) the neoclamati-mot'ofn-artial laiw, no person cnuli l;:iitifi' that measure btut non the groundlof absolute necessity. lie aih.1itite:1, thaitite doctrinie laid down by LordA lale, on this satbiecs. which iata been alreads' stated, was 'the correct law on the situ,iict. 1Let the houRe, then, leok at the situation of the colony of D,nne-un's when the events alluded to took place ; andI although in tlint house thevy were 8itting in pierfect safety andI tranqtisll delibera- tion. t-ey ;vocld, he w&3as sue, mnake some allowances for the infliqence of thie terror whichi surroutnded the ilithahitants of ) ) mi e araa. The teltitt ipop-alatitin consisted of 4,000 persons thinly scuttered over a very large extent of counitry. There wvere 80,(*9t slaves itt actual or ssupposed hostility against these w`htes.- The military force of the settlemnent conisisted of only 490 soldiers, and when an application was madle to the Governor for a reinforcement, he replied that he wasinot able to furnish any wdditionail force The white population, were compelled to call in the aid of the Indians, to make hiea(ith_ ainst their revolted slaves. If any circumstance could justify the proclamation of martial law, suirel'y such as he had detailed vould-do so. The whites had to, pr-otect every thing that was most dear to themn-their wivesl and families, their Own' lives, and properties; and wouldi it be expected that tltey should expose themrselves nakedi to the! barbarians who were armetd for their destruction, instead of resoeting to the mast viigoro, mne-ans which were ptresented to them for averting tlte evils byv whichi they were threatened ? Was it supposed that thecy had for. g,ottf:n the hiorrorst which accomtpanied the revolt of the negroes in the neight-ouring island of St. Domiingo ? But it was sal,l, that as scoon as -toe revolt wqas put downethe system of mairtial law shouldl have come to ani enti. This wzas no doubt vety true-, but the house was niot in a situation to judge of theprecisemonent at tvhich thedztnger haAlcased: no ,p,r-sonacouldjatlge of it but tliose who were on the spot. It could not be to the interest of'the inhabitants of the colony that mrt Ia lair should continue an hoUr longer than was necessary. They, could b-ave no dlesirecto encounter the fatigue of military auty, to which they were unused ; to have their ordinary occuipations deranzied; and those tribunals by wlhich their civil eights were protected, enis- pae.But at the very titne when the proceedings of the court- mata were going on, a negro cat ed Richiard was in the woo)ds at the head or a party of blacks,, and tinsubdued. Ais to the! mode of trial which hiad been adlopted, it was obvious thiat if it had been, as wats alleged by some bonourable gentleman, the object of the Governor-Geneml to deprive mMlr. Simith of a fair trial, he would never have had recourse to titat which. had actually beenn adopted. Let gen tlemren mark of what description of Ptersons the Court woe composed. They were for the most part nii- hitary men, who had no coninexion with the settlement, but such as arose from the dischargeof ther ;irtmclruurydueiTesa,.The individual whro had been selected to preside had previously filled the office of Judge-Advocate in Spain foir many vents, and was fully qualified by Iime knowledge, as well as by his character, to perform Cite func- tion to iwh ich iisa was on this occaion called. Ilis hon. and leatrned friend (Mr. Brouglham) had, wvith the ingrenuit-v of an advscat,, ,du-d; a paper, in whuch that geitl-e-maii's nainc appearedi affixea to all the advertispments for the, sale of slaves. This practice, how- ever, would continue if. there were not a single slave in the settle- mnent, for his interference as vendue-rnmster was necessary, according to the law, in all public transfcrs of personal property. It bad been mentioned, too, as if he had an interest in the tnumber of slaves sold, and was in the habit of receiving a per centage on them ; but the fact was, that he received a fxed salary for his services, and had no ernolument whatever from the slaves. Mlention had also been made of the President Wray in a manner which he tid not de- serve. When the proclamation was first issued, that gentleman of. fered his services to assist in the cmergencv, as far as lie was able. He was solicited to preside as Jadge-Advocatg; but he de- clined this. lest it should be said that he exercised too much influence; and he took the office of counsel for the prose- cution. [le could not have been impelled to this by any mo- tives but those of a most praiseworthy and honourable de- scription. lVhat emolument What distiMction could he hope to gain ? There was nothing For him to expect but a verv burden. some task and a great responsibility, wlhichi, however, he could not e-ade withoitt sinking from the pertormanceof a paramount dutv. It was no: necessary for him to repeat what had been said of dilr. Wrav- he had knoswn hi long, and he subsetibed to all that hiad been so jastly advanced in tdat gentieman's commendation. HIs learning nnd his talents were of the first order, and bis judgment was clear- his temper calrn and dispassionate to a degree beyond those of most men with whom he ha. ever been acquainited. It had been said, that it wa-s resolved by tCe Court to pursuc MIr. Smith, and utnder th iretence of a trial to cornpass, per fas et ntefar, his condemnation. o examirre the truth of this very extensive assertion the better way woctld be to look at the facts which rea Uspon. the ease. 11 Mr. Smith bad'bte tre byth ortii- nary tribunial, his judles would. have 'beer. the President and eight of the glaniters. Nqow, if he had beein so tried andl found guly ith vrh at censurz would not such a trial have -beeni assaicLed His, t,ule n. friend the member forVVinchelsea seemei to think that if he hadl been tried b-vtlat ordinary tribanal, hiis life would have'been saf, bcaue M. rse wold aveben hs ciel Jue.But,ac- cordling to the constitution of that court, the majority of five hiad the power of decidling : so thatt eitlher Mr. W ray must have had four planters of his owni opinion, or he must hatve been in the minority, and thus would litve-had no tioiceinl decidling on the fate of the pri- soner. -Inthe observations wh,ichhlad been m-de respecing thieevi- vidence, great stress had been lmid 'on that of the slaves, te whiche madnyt objections wvere taken. It should, however, be ramemered that these slaves were exarmined, andl cross-examined. in open coturt, antd in a way which was best of all calculated Ito elicit thle truath. rf ihey had been examined in the usual way, it would have been on interrogatories, and the cross. examinatiorn wouald have been coniducted in the name manner; aind he asked Milether, for the interests of justice., it were not bet- ter that this arstena should have been adopted, than that of inter. rogatories ? The introduction of hearsay evidenAce had been object- ed tn ; but he mnust tell the honse on this subject, that if Alr. Smith hiad been triedl by the ordiniary tnibunal, no objection, could have been matde on this scote. His hon. and learned friends knew this very well, and that there were not any courts in any counttries of the worldI where the same distinction wyas made wvithi respect tc evidence bitt hearsay wvas almnost always admnitted. He would say onie worJ. with. respect t-o the crime of misprision of treasein ;-therc wasnu a ige individual at all acquainted with the law of Deme. rare h i not know that if a mian were acquainted writlh thle existence of a tfeaioniable p lot, and did not commu- nicate it, he incurred the punishm-tnt of death; and thiat accomp3anied by circumstances of horror whicil it was not necessary here to mention. (Rpar.l It lhad bean said xhiat it was a hardshi1j uponi Mr. Smith, that the prosecutor %vus allowed four or five days tc prepare his reply ; bat surely this could not be objected to, when it 1wazs recolleicted that the prisoner had been allowed four or five timaes a-s much. LDr. Leshington said somethiing across the table, the pur. port of whica we could not exactly catch' but as we understood, he Isaid that lr. -Smith had not been allowe so long atime.1 lie might be mnistaken, but he thought it was as he 6tatedl. WVith respect to his application for co&sssel having been refusedl, all he (the Attorney-Generai) had to say was, chat the application was not made untilafter the prisuner had p-leadled. Now he bad a few woars to say respecting'the evidence. Wlhether the prisoner olutht to hare been tried under the law of England, or, under that of Demerara, it -wa, rnot necessary now tow inquire, because he thouight this would be ad- mitted to b.~ qutite clear, that. he was amnenable to the lawvs nrovallio5 iatat 'unr where theoffience was commnitted. If by, the law At Er~Ian mihsoliTeace had been treason, and by that of Dc. i merara only a iuiisdepmeanionr, it would have been the height of ill. ju tice tO visit u ponj himn the former pu hnishent in a country where 'Ile latter was tus,ua]lly enforced. The conyerse of this rule must be allowed also to be just ; and if niisprision ot treason was Punished as treaison in Demierara, it was under that law that Alr. Smith, it guilty, ought to have been sentenced. Let thenm look thien to what the intentions of the revolted negroes were. In the first place, they alvowed that: they rosed to gain possession of George-town, and drive awvay the whits He presumed there could be no doubt that this was treason, an tht this was thieir initention the evidence amply Atid indisputably proved. Anyv person who knew that such was_ their intentionnaltliough he might not know the mannee inwhichit i wa, to be eff2ctedl, thec numiber of thie troops, the way in which they iwere armed, or the- pOinit of their attack-and not commnunicatinig hi! knowledge to the Government, was deeidedl % guilty of milsprisijon at treason. Couldi any mian doubt thiLt Air. Smi,h really knew sot much of the intentionis of the negroes ? (Chieers from the ministerial side, cechoedlfrom th- oppos;ite benichigs.) According to his own defence-. ilaccorditeg to the admissions whic-h he chose to make-not as was- proved by the evidence of the slaves, btut by his own letters, this lvii muanifested bey-ond all question. (Hear, hear.) Besides this, there ivas the evidence of Bristol, by which it appeared that Mr. Smith must have lead comnmunications on the subject with the slaves. It was true, Bristol wa,a black, hut there wasi aniother oftlie name of Season, who confirtnedhis testimony. H-ie ho;e.friend said the evidence of these alen contradicted each othier; bat tie was borne out in this assertion, for 6--aton only said thiat he went away and left 5r.SmithandBristol toget her, after which the communication miighit have been, as Bris. tol swore it was, made to Mr. Smithi. His hon. friend siaid that the evidence of two othier witnesses wvas inconsistent,but ha forgot to add thlat these were witnesses called by the prisoner himself~ Peter and IShute, the witnesses alltuded to. however, stated, in point ot' fact, the saine thing. The 'said that Mtr. Smith advised themi not to do whet thy hten'ate which he said was f,solish,and couldi not suacceed, Bu Mr. S-nith' owz letter put the matter beyond all doubt. He adimitted in it thiat he knewv of the revolt, but that he purposely Iavoided putting aii ' questions. A fortniglit before this, Mlanuel saith that Quiennna liad a conversation with Jack andl Josephi, when tley said they were resolved to liave a. Pushi-for whiat? Fox tlleir 1reedlom. HIe now came to Jacky Read's letter. That Iletter wvas accompanied by Jackev Gladstone's letter, which an- iinouncedI that thle risin~ was to take place at 7, at ThoDmas's. The b rothers were sn it.: the memibers of he chpel were in it; and yet lionouruble memnbers coimplained that there was nothing of pre- cise infornisation. WVhy, was there nothing preciise in all this ? He (the Attorney..-General) really thought, that upon considering this evidence attentively, no person could doubt bust that at six o'clock of the day on wliich the insurrectioni broke out, the intenition of ris- irg wves commuricated to Smith in terms so precise, as could have admitted of no mistake. (flear, hear,) The defence of Smnith to this point was.-.-." that unen receiving the letter, lie was really, so agitatel andC alarmed, thiat he dlid not know what to do." Btit was he so alArnled, so agitated ? Nothing could well be imnagined more collected than his letter to JacitY Gladstonie, written at this time. Every body w-ould be struck with the palpable inconsistencies con- tained in the defence. Mlr. Smnith had a horse; and some discre. I pante-'i the evidence in respect to that horse lied been re- ieted upon as in Mr. Smith's 'favour; but the only question oin that part of the case, was neither more nor less, than tivietheer at a particular time thie horse was in the yard ot in the stable. But he said, that after lie had received any informnatior at all, lie had not sufficient time to mak-e a commu- nic.ation to a single person before the insurrection actually broke out. But did he do any thiing at all in the wray of akttempting suchl a com. IMnunlication? He did not. Shortness of tine was nothing to plead: ithe question w,as, what hehad endeavoured to doinethat short time? Tlioughtisernmanager's house was not muchi more than 100 yards, and Capitain AM'Tuirk not more tItan 300 roads from him, he nevet coimmunicated the intelligence to the mianager. At six o'clock on thedayof the revolt, he lead ptecise infermiatioa that at seven the insurrection wvould break out; and what did he do0 in consequencez Niithing at all; but took a long walk with his wife. And yet tbs house was asked to visit with suchi a measure as that proposed, tthe gentlemen who hiad come to on opinion that Mir. Smith was guilt, of suppressing the imporrantknowledge he possessed ini Ihis season oh revolt and danger. On the 'Vnxesday after the day of thee itnsurrec. lion (the day on which Smith received Jacky Gladstone's letter, withi another from Qua-rilla's ton), Mliteh e1L a nego, ss% Qaeaminia conic on the estate of l Ic essiouvenir. and pass aloop Usrou I the yard to Mr. Smith's. And what toDok place on ~IVFednea'day, the next day ? Let the house mark, the efThct of whlat was deposed (at p. 1-2 of the Proceedings) by the slave called Romeo. Simith had expressed to Romeo, on the Tues.day after the revolt, a desire to see Quarnina, observing, "Clehat Quamina was afa ocneand see hiim now." Quansina ciid come ; and how?P Mr. initl esployed a witness of the 'name of Antje to send for I imi. Antje despatched a boy, namned Andrew, to him; and on the WVednesday he camre at night to Antje's house, and sent her to Smnith's to see if any one wvas there. UPon going~ she saw MVrs. Smnitli, withi whom was. a Mica Kitty Stuart, whom Antje carried awywtihr. After that she saw Quaanina go before her into Smith's house. " Mrs Smnith stood at the door, anAd as Quamidna iweist in slis shut the door, and the 'kitness went hack to her own house." Such was, thle wvay in whlich Mirs. Smlith saw himi. Qua. mina him-self was a slacle in Plantation "1Success," on which pro. Iperty~ all the slaves had revoltedl. This was a material circuHastance., A hliss Kitty, Stuart, when Antje wnt into Smnith's house, at Qua. Imina a request, was there, and had been invited to sleep there eli nighit; she was now, however, desired by Mira. Smith, Quamuina be. ingexpected,togo homewithAntje~ and aftershow'ing some reluctance. tidaccompaniy thlat witnesis to her house. The negro child Elizabeth was tilse anly apectatress withlin doors, Ol'this transaction ; anti Mrs. Smith told her " that she mnust not tell any body that uncle Qua. M nina had been in the hiouse; for that if shie did, she (AMrs. Sneith) wouldI beat her." The house would not fail to observe the secrecy withi which this visit wa-s managed, anadial the accomepae,ying cir- cum-tances of it. His han. and learned friend, however, an saiEli that there ivas no evidtence whatever -for the Purpose of proving that Quamina was engaged in the revolt; a nd the hoilourable meinbet tbr Kniaresborough (Sir J. Maciatosh)',parsuing the samne line of ar- gument, had reail somne absard answver to a question~eoon~t slave wh as one of the witnesses on this point. -lhere were, ho%w. ever,severald witnesses who all swore, in the rmost distinct and positive manner, that Quannia was one of the leaders of this insurrection, aitd was seen withi a pistol in, his hand busily engaged. Honour able gentlemen on the other side, -however, seemed disposed ecro admzit this, conditionally, at least; buit asked, if it were all taken to be truxe, what proof was -there, in Smith's harbouring Quamina, that he knew of Quamnina's being concertied in thlis revolt? (Hear, hear.) lie (the Attorney. General) answered, that there was strong presumptiVe proof in these eircitmstances-.., that QUain'ina was the o~riginator of the insurrec. lion; 2, that lie bielongeeet to Suctess Plantation, all the slaves upon whiich, as Smith knew, hiad revolted; 3, thatt he wa-s introduced into Smithl's hOuse in the manner desribed, because Kitty Cnmsnmiiig, rilso was a slave On Succes-s when the revolt bi'cke o ',was at Seiiith's when Antje came to hiis wife, and Wivs sent ouxt outhewy seeing, that bad she been alloe toOminfh u thae known Quamina. Now the secreywt hc the niatters he had ,referred to were ctdte,adhe connexion shown to have subsisted betweentepri,dd evidently show that r Seoreth ke tofk teiendre Olof theae negro slaVes befre ot took plae an ened that knowledge ftoni ally pas f h lclgoveronment, He wras nOt Pteessir al hs circumstances, howvr unmaeez~~.~.'~~ al tes the~ prcie ta. hw-yer, to prvetatSmt w_sgut Ot -il the tices tlat hd been imputed to hiin beftore the court. He was only showingwhat the nature of the evidence was w^hich had 1.een submitted in that coatrt; and he weuldl now asc thethouse whe- ther, uPon the facts so sibinitted to that tribanal,it could be fairly blamed for having foand MIr. Smith guilty of misprisiot of treason, (aetr, hear) ; or whlether they would concur ini t1he vote of Iis hon. and learned friend (M1r. Broughiam)-a vote whichi went to visit the proceedings ofthis court with so severeacensure. Sorry as he was to have detained the house at te great a length, he felt itincunebent up- on hinm to demonstrate the strong grounds which the parties con- cerned might reasonably have supposed they were proceeding on and although,on as careful a view as he had been enabled to take of this case, through the medium of the notes of evidence, he consider- ed it very possible that he should not have concurred in their 'sen tence; yet he did ill his conscience believe that the court. ;nartial assemnbled to decide oa the ease of Mr. Smith had acted conscientiously in their endeavours to administer justice impartiarly betwveen the country on the one side, and the prisoner on th e other. (,Ieeer.) M r. WVILBERFORCE rose amidst loud anld logeitne cheering, but the hen. gentleman was almost inaudible in the gal- lery. He began by saying, that after the able arguments -which ad been so threibly urged upon the house by his honeourable and learn- ed frietids, he would not, by atteinpting to comiment upon the particular facts of this matter, weaken the powerful imnpression which these arguments must ltave proihuced utpon the minds of all men who heard theom,that a more unjust and shamefutl vio- lation of all the great principles of law, religion, and humanity bad never been committed then had been cominiteted in tecs of Mlr. Smith. (Hear.) ~'lhe course which had been -pursued b'y 1he able men wvho had in that house endeavoured to sustain t..hc dfjc he would not say-but who lhad attempted the.-alito of the conduct of the court-martial had been this...they had adl- dressed thetmmselves to one or two particular fhets out of tll i FImmense umbera whlii -hJaii been aaaduceaV to ishow -the- patti. Iality of~tbe cnutdoedowrds this much-wronged and excel-i' lent ministe atifteehpenAd to -be parts in which thiat par- tiality wag no ut ogalgn-apparent as the others, they cmi- tended,upon h teghoihmfrteetr cuta of thecourt. ea that for miany Yeafs' tha public prinits (of the colony, we believe) had been conistantlyexaitinghe'strongestprejedieesag-ainst M1r. Smith and hi8 useful and -pious labours, by a persevering c'ourse of unvaried calamity. And this was not the least of the~ man ' and cruel disadvanatages with which the uafortunate gcatlemlrs had to contenid upon his trial. And here it might be allowed hhni -{31r. Wilberfrrce) to tell the hon. ana learnedt gentleman who spoKe t=, that he had omitted out of his argumenfoie very mater'ial consider- ation indeed; for were it possible to imagine th;it all Mr. Smnith' judges were as devoid of prejudice as could have been wished, he hadstil t coplan o beng rie uner the mutiny lawv, and by a miliarycout; or ad e ben rie bythe ordinary couirts of the coloy,h wold hvehd fsebeefi ofan appeal to the tribunals of thiscoutry.(ifar, ear) Inhissituation, he (MIr. Wilber- forc) crtanlywoul haq peferedto be tried in sonic wav' thatwoud hve ive hiu te bneft of an appeal fromi he cruel and oppressive treatment to whc he was sabjected. (Hear, hear.) Again: it was impossible toconceive any thing more unjust rmr oppressive and obetoale than the evidence taenbefore the couirt-martial, and h manner in whixch it was taken. (Here we understood the hon. gent. to object to the manner in which Mir. Smith's journal had been seizedland used as evidence; but the indistinctnes of the hon. member's tones rarely allowed us to colleac his meaning.) Hie should like to have seen wh tt would have been the indignation excited in this country, in the publicmnind, and particularly in that venerable body,with which Mfr. Smlith was nonnected (wepremuine the Mlissionary Society, by such violations of aU the privacies andI retirementof domnestic life,and all the decen. diea of moral society. Whiat would have been said by that venerable body to which he wag adverting, constituted as it was for the de. fence of the religion of thecouantry, when they found the Judge-Ad- vocate, for example, expressing himaselfin termns of concern that'Mir. Smith would not allow, in fact, the slaves to violate the Sabbath, and would not introduce a religiox bett-ar adapted to them and their habits? What w6uld they have said here inL Engrland, if that passage of Mr. Smith's joarnal hiad been brought before themn in which It was -recorded that oLne of the managers in the co.. lony o Demerra ha floggd a Cristian slave, merely, as, It wasadmtte tospte he inite? (Hlear.) Or that other really been argued almost to an tadmisso htnroswolvdi these' colonies acquired particuilar feelings, n habits, and charac4ers, difTerent fromn chose which perons sessedl 'in this country. Why therefore thie ptoperte andriberties of itirlividuals vho reslded in them were very likely to be well con- sidered and protected by tribunalq slo composed (hear, bear); but Iin truth hh; wras another argument in favour oF the b'enefit of an appeal. It was in vain for the house to be told that the individluals of this court-martial mnustof course be unprejudiced men, for heand his hon. friends well knew that both naval and military officers acquired habits and feelings and opinions upon the slave question, andl all in. terference with that question, which did vitiate their jutdgkientEs o a very greatidegree. it was niotorious, also, that4fl years age, before any of thiose ameliorating statutes that were now in existence had passed -statutes bv which the condition of the islands and colonies was allowed upon ill hands to have beeni so vastly jiniproved.-when all those abuses andI oppressions which at thaut timne disgraced the WVest Indies wrere all in their vigouir, there were not wantinig judges and generals, and admirals in England, who declared fromn their own experience and observation too, that the systemn o?slavery and slave niianageinent in the West Indies was as peifect, and as proper, andasgfree from all objections ascould possibly be. (A laugh.) Hie himself had often heard a naval commander-a mnost highly valued friend of his, and ajust, a wise, grave, and goad man-w.ho had po- sitively carried his approbation so far, as to express a wish that he was one of those slaves hiimself. (A laugh, aLnd cries; of "hear.") Local influence and conversation gave to these gentlemien's views a tincture of moral distortion. Upon the presenit painful occasion, it was some gratificationi to find that there was no individual in that house who had undertaken to defend the conduct, and still less the sentence, of' this couirt-martial; and not one who said he thouight that Mr. Smith was guilty of the crimes imputed to him. (Hear.) For although gentlemien opposite were for putting the whole issue upon misprision of treasoni, yet it was to he observed that the court-martial imnputed to himn that he hiad really formed a design, and prosecuted it for a number -of y-ears, of fomenting di-sconte-nt and dissatisfaction among the negroes, had advised con- cerning an intended rebellion wvith negro slaves, and haad harboured rebels. (Hear.) Now, he did believi 1ilir. Smith to have been at any rate a rational man-that he was a ho!y and excellent man he had no doubt. But how could a rational nman, under the peculiar circumstances of this colony, have ever formed any such designs- farmed, as they were supposed to be, to effect his owvn destruction and that of evey white fansily ? But if the house gsve him credlit for those attainments which lie was known to possess, how mnuch was the improbability of' the whole story increased ?_ That a man of talenit, wrho for a number of y-ears had exercised himnself 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 station- (hear,).-how a minister who thus fulfilled his calling could have wickedly engaged in a cause fraught wvith co,nse=une from whicls the most wicked men alive would have srn with horror-this was a paradox to hiim (MIr. Wilberforce) incx- plicable. But if he was weak rather than wicked, his foolishnesa aspeared even yet more inceredible. WVhere was his hope of safety ini any event ? In the event of the success of ani insurrection, i'n which he hail been described to have so busied himself, could lie really have ever imagined that the colony could resist the whiole force of this country, which wouldAshave been employed, if necessary, for its recovery ? (Hear.) Wait It possible to believe this ? W4as it possible to observre, from first to last, the carious, Ingenuity- wortiy of any grand inquisitor that ever graced dhe Holy Offce, after being well di-sciplhned in all the casUiistry, of the Jesuits -that pervaded throtighotne-he whole proces the conduct of the Advocate-(Oeneral? Every thing was tortured to his owrn view of tho case, particulsirly in adverting to the passages selected from Mir. Sm-ith's journal; every unguarded expres-, sion that he might have used at any time in his life was arrayed against hiui by this officer, with a degree of cruel mnaNlgity I that never was exceeded. The hon. gent. then adverted tothe recent resolutions passed by the House of Commnons, in favour of the alave- amelioration, and education ; anid contendedt that the pdrinciples ad. vanced by the Advocate-Geaeral, and those which w,ere promulgated in the bepteraia Gi?zeIe, (apaper understood to be directly patronized by the Colonial alveramentJ) were is direct and unseemly o position to the recorded sentimtents and inten- tionis of that ~touse He then added, that unless the motion of his hon. and learned friend were complied witli, all the memaures on be- hal ofthenegoes asd wth he jcwof providing them with a re- ligius duction wold e rederd ngatrr. ie remained firm. lv onvnce tht tis oodandexcllet An,ir. gmith. had not the ligtes knelcde ~en itenionon tepaeofthe negroes of Demeatato evot. he onorabe gntlmanpronounced a warmn culegy upn hehracter an h ite f Air. Smith; and pressed upon the house the testimony of Mfr. AustinI as that to which ithey should atiach additional value, from the ci r- cumstance of Isils having been at first prejudiced against that gentle- man and his labours,, and b ping afterwar)s coDnvinced of their vast utility by inquiry and examination ; and finally, afteruanitnadvertiug on the cruelty of Mlr. Smith's imnprisonmnent, especially looking to tile deciaing state of his health, which was evinced by his speedy death after a short confinement, the hon. gentlemnan declared his in. tention of supporting the resoluition of his hon. and learned friend, (Mr. Brougli~n) . Mlr. CANNING4 saiad tht whatever difference d~ opin'ion might preyail in the house, with resp ec to thje vote which they, ought to come to on thTh occasion, and whatever shades of difference might exist even among these bon. gentlemen who concurred in the same sentimnent upon the question before theim, there was one point upon which he thought die opinions of aUA who heard him would be in unicon;, and that was, that the question of thlis night was .one of the mo.3t ptainful ever discussed within these walls. (Hear.) Indeed, he scarcely, recollected any one questioa beang agiaed in Parliament, upon which hie could say--as he felt that hemust 4ay upon this- tbat there was no part of it on whiich hie cotuld look with the least sa- tisfaction. (Bear1 heatj To many of the principles which had been upon this occaionx enforced with so much eloquence, he was disposed to give his hearty support; but he enitirely differed with his hon. friend whio had spokes last, as to one jatof his speech, though he admitted that, gen erallygseakdinI his garl rel ad put.the qupstidn upon a. fair issue.He alludedl to that assertioin miad by thec oni gentlenian, tha't the house wvas placed in the dilemita of being obligerl eitiser to conitend upon the one hand for the perfect proprietjy-of every pa,t of the proceedings of the court- martial, or, upon the other hand, to be prepated to assign to the un- fortunate gentleman who hadligen the subject of those proceedings, the titles uan the lhonours of mtartyrdom. (Hlear.) He (Mr. Cain- ning) was prepared for neither of these extravagant-extremesa; and he did hope to be able to satisfy-the house that thiey would best ,dis- charge their duty-to all pers_onas concerned in this unhappy trans- action, to themselves, and to their country-by abstaining fronm encouragig any suich e.ttraagant opinlion. It istiglht be a very skilfal -and, masterly artifice of debate for hionourable gentlemen to endeavomr to, lAy tijdidi thdie *ho did tull agree in tho reso. lution O,rt,osed by the honourable and learned gentlem-an oppo- site, the taskc of proceeding,step by step through every stage of these 5t itte, ltohialous, and difficualt proceedings;, and of ex- plainig step by step asetsey went on, the reasons wliceh miight in. duce theist to di&br from the hon. and learned gentleman: but for his owrn part, he did not hold himself bound to do any thing of the kind. Ia dissenting from the resolution which hadlbeen pro)posed lv theI hon. member for WVinelselsea, he (Mr. Canning) should fce'l solicitous oaly to justify thit. dtasem tlpon gro%inds which 'acre ea. pahle ol eing entirely suistained In argumnent,~ and of being esta- blse cohis ovWn satisfacti6n, without desiring to identify himn- self at all idith hose principles on which'Mr. Smith hadl been tried, ortojustify the sentenice by smhichhewgasdondermned. The charges that were breught against the proceedings of the e-ourt.snartial seem- edto revolve themnsel4es inwo three purincipal heads :-13t. as to tlIme impro rietg of the tribunal 4 2dly, as to its mode of action ; 3dly, as to the evidence upohs wtich the sentence was passed; qualified as theto charges were by the presumption throughout that lUr. Snith was perfectly jsustified. ( dear.) It had been stated that no man could dissent froru the hon. and learned gendeman's resolution, who was not at the same time prepared to maintain the guilt of Mr. Smith to the utmost extent at which that guilt had been alleged against him. But, here again, Ile (Mr. Canning) was compelled to declare him-self of a very different opinion; and without wearying the house by repeatedreferenc to those passages of the evidence which had beendiscussed with somuehabilitybyseverainembers,astoim press upon the mind of every man who had gone through the duty of reading that evidence, a complete analysis of all its contents ani their bearings, he had no difficulty in stating the. impression of his own mind to be this-that of that crim, call it by what name they would, which consisted in the silence of Smith upen the subject of those alarming movements which he knew to be pending, and those dangers which he knew to be imminent, he (Mr. Canning) could not acquit Mir. Smith. (Hear.) He stated this impression of his, however, with no circumstances of exaggeration-with no imputa- tion of design, as upon the part of Mfr. Smith; snd with ao pre- susiption thathe coniddie into the motives of thatindividual. But after the most painful and attentive examination of this evidence, hi felt umavoidably, and en his honour anid consdienc, persuaded that; Mr. Sitmth did know that, which, if he kaew its cha- ract.erj be ought to have divulged; and of which, if he had . only common discretion, the character must have been appa ient to -him. (Uear, hear.) - Under the laws of Demerara,, as d ,erived from its former Datch connexion-under those of the coumm t-nmartial, as sitting to try a crime of this auretueunder rhepro- clam atlon ofmartial law, irstituted at that time-and under all the cire,u tnseancq of this most peculiar case, whetheg the punishment i he =aina them te jnrlsdlitioni, ana the Daitch la the p1t1 ~ 11. gmo.geatu tonsor arbitrary than this t7as ever id. ~ ~ ~ dor ythe Englisli lan', the bon. and *ne ~etea e nwa Not the fair form of Englisth PisN M WC5 ith hier pure and lovely attentlants, but the great ~ tcGoddess., who, accompanied by Messrs. Blynkensock end tbardimm,i?dintely t'ookpossession of the court. (Laughter.) In order ?rv htthis combination of the Dutch and the English law 3tad onlY in1 the Imagiration of the bon. and learned gentleman 'V' nl necessary to refer to the aceount of the trial. It would iste thare th erea no allusion whatever made to the Dutch law, erhe reerepeated references made to i~nglish authorities. ~ ea, her.) He wighed that his hen. and learned friend ie mnember- for Peterborough) had been in his place, in or der ~ ~t bezmight, after the example of other gentlemen who had ad- Ise (Ae housh.hBut haltod hin leaortnedy ofrpaiend was otpe,h had I- (Ae ltihehoute havethadg ans opporunity ofrpaieng his rtespbet tod t La wOrthv representative behtind him in the person of the Secre- Y orore'g Affaiirs. In the very quality in which his learned 4 isd had Mhae cosiuus in his very remarkable speech dn former cveUing!...he mean0t the utterance of thne fzeta of the dase- hadl been outdone-.no, that was impossible-but he had been a jailed by the right. hon. secretary. (Laughter.) There was this IFerernee, however, betvween the right hon. secretary and his learned fend, that the folroer declared that he had takep great pains to ike himself n2asteo of the facts of the case; whereas the latter d that he considered the question to be one which a person milght i lv talce upt any odd moment whilst the debate was going on3. it he led take thae taken his learned friend's word tecourse which he hiad himself 1intd ot bt tat was unnecessary because his speech itodedabndat roof of the fact. (Laugbter.) The right n. ecrtar', oweer,had professed himself to be not so careless his eared fien.'Re had amendled his ignorance, if' indeed 'ornc cOuld be amended by left-banded and blind-sided inform- I(O ereaBynever wiitnesse-d suchi an instance of ignorance as e h.onourabsle secretary had exhibited with regard to the iiidence on the trial of M3r. Smiithi. His learned friend might, )mhis connexon witlh the WVest Indies, be supposed to look to tequsto with a jaundiced eye. But there was no such i4cnse as that to he made for the right honourable gentleman. 4nring the latter part of his speecs, be had founded all hiis Sumnents against Mlr. Sraith on the assumption that it bad .~en Proed that that gentleman had, come to the accurate Rm osledge of facts some hours befo-e it was possible . for an to arrive at that knowledge. (11ear, hear.)I Much obser. -ton had been mnade renci the letter which Mr. Smnithi ,~rceived from Jack. If, indedlh had received that letter before t.e insurrection brokec out, and had coincealed its contents, there II uld have been same eround for cbargine himn wtlsk mispri.. Da of treason. But the fact was, that 'mr. Smiith did aiot reive thbe letter untilsomie hours after the insurrection broke out, Id Jecit and Qisamina had been taken prisoners and rescued. Why en could 'sir. ~gritie he blamed for not telling wbatwas a matter of iblicmotoriety ?Need a man say that thesnn was shiningnatl2o'clock 'inoon, or aced he (Air. ]lroughami tell the house that they were Lttng in no very agreeable atmosphere, listening to a very dull i'giuMerit? (lHear, and a laugh.) If, as had been suggested, Mr.Smith ion receiving tne communication had got on horseback atid gallop. 4'U to the Governor to informi him of that with which he was already ael acquainted, he would have subjected himself to ridicule. Be. lee Mr Smiith mighthave imagined from former experienc, that if hadtal,&-o much unnecessary trouble, he would only have been led n;in '"1ou.s meddlingz missionary forbhis pains. But, safd the ght hon. secretary., if Mlr. Smi-h would not tell what he had never lA own,ifhbe wouldf not disclose secrets which had neverbeen intrusted ,t himn if he wouldi not betray conifidence which hadnever been re- fm~ sd in him, if he would not pertbrm these impossLibilities, why ',d he not, when the insurrection wais spreading, when he coul PtirdIy proceed a step without seeing the martial glances of the !. groen cutlasseg, take that opportunitv of going into the fields ith the Bible in his hand, to prea~h doctrines for preaching I'itch he had been sentenced to death? (Hear, 'hear.) In his sinsia, Mlr. Smith had acted wisely in not doing so, for if he idee, lie would, in all likelihood liave exposed hiniself to persecu- on. Ha had been told that &u resolution passed an unjust sen- .noe. upon the court.snartiad, and some petsons said that it imputed iurder to them. Those persons who said that, were confounding te 'speech with which he had prefaced his resolution with the reso- It2n. tslf.Toimport the arguments by which a mnotion was itoueinothe maotion itself, was one of the mostisagical modles i sguing which he -bad ever witnessed even in that house. The 1,tisr,leo certainly conveyed a censure upon the court. Whoso- ;:'r believed that the law hzd not been violated, and that a breach f jastice badl not been committed, let bim not vote for the motion; itt surely he w.as riot asking too much at the hiands of those who did slev ths twpropositions to record their opinion by their votes. lo was surprised at the objection which was taken to the wording of ~ e resolution. In former times the legislative bodies had aot shrunik rom expressing their opinions in language stronger and more strin. -ent than could be tound in the resolution. Ins regard to a case in trome respects precisely similar to that which at present occupied the tiention of the house,-he meant the trial of S'tdney,-Parliamnent tadassumed tbatboli tone which circumstances required. Now, how- ver, the case uss difl'erent. "Oh,"1it was said, "1there is onIy aman niTrdered, there is merely a grloss breach, not only of the formns, tut of the substance of j'ustice, be kindt, gentle, and forbearingto the 34aemerara. people." In the case to which he had alluded respectinig f,he trial of Sidney, the w-oed "murder" was used in an instruction 0 a ommnrittee in the other house of Parliament. T'he instruction hv hich stood upon the journals of thc boutse was " to inquire of !.he advisers and prosecutors of the death of Lord Russell and Sid- iey." In the case of Mr. Smiths, there wvas no legal evidence of his land-writing. The man who swore to his writing could not swear hat ho ever sawr him write, and when Mlr. Smith asked him how ie knew his writing, the court declared, the question to be tuaneces. tary. (Hear, hear.) The witness said that he had received letters i: om Mr. Smith, hut he never saw Mlr. Smith afterwards to rnowwhetherheacknowledgedehemn. In the Sidney'scase there were endorsements on bills of exchange, which. hadhbeen paid; and yet the sct said, tltatbecause that evidencee vasrec.eivedlieshad been murdered insd the sentenct and attainder were reversed. There were other ac,inta of similarity between the case of Sidney -and that of Mir. 8 mith. It was mientioned in a very common bo-ok, Colline's Peer- sgr, that the Lordl Chief Justice who presided at. Sidney's trial, in alloingan cc~ut o th proeedngsto be published, careful of his harater mad cetainaltststonsand suppressions. (Hear sear) Tht ws doe b Chif Jstice Jefiries, of immortal memry,(a auh,)who athogh geat.liwyr, would be knon t al poterty s te met rue an odousjuadge who I ba evr stte onthe enc. (hees.)That would be his elsa. racter, whilst Englasnd was England but it wouild not have been so, his name mighit have been handed down. to the present time with different and less appropriate marks of distinction, if their ancestors, when his conduct was brought into question, had frit. ered away the words in whirl, they had expressed their sentiments. t'ortheseconsiderationsb he could not consent to the previous question. Ie would rather that his motion should be met by a direct negative; r- wouldl much rather that Mlinisters ~aould " screw their courage p to that sticking-place," on wvhich they were perched for a mo.. tent when the sub~ject was last discussed. On that occasion the tolonial Secretary nad said that be wotild aot consent to meet the lotion in anyway hut by a direct ne-gative. ~Mr. W. HORTONstated,thathehad said that lie dissented from o- mortion with quaslification. 3tir. BRIOUGHAM continued.-He could not draw such nice etictions as the hon. gentleman seemed disposed to take. He ought that a feeling of dissent generally begat a ahirect negative, id therefore he was nottmuch out in what hesupposed to be tehehn. ztlemnan's opinion. (A laugh.) If the resolution had conveyed any tackuDon ministers ortheir friends,heshouldnothavebeen surprised atit sliould meet with opposition from the former; but he did not isieve that the Demterara people were any great friends to Go. simcnt. He believed that ministers had never been maore se.. 'sly attacked than by their proteg6es at Demerara. The ques- oau really was, not whether missionaries should or shiould p, t; be rent to lthe West Indies; but whether in these colonies there icsld he missionaries at all, or whether there should be any ade- trit education of the negroes ? The real question itse-lf was not in cc left for argument, for, not only missionaries, hut the church es.. Esi unaapv people.It was in vain for the house to say that they *tns ee this question to the Goveanment...the7 ought to take their Irn 0xe coorse and pronounce upon the subject as they thouglit I j ustice of the case required. (Hear, hear.) As to the late fr. 4 mith himself, he deserved the name of a martyr, for he had reeeSi seal the courage and constancy of one: if he had not suffered the a iM of mar2,tyrdomn, he had shown from the oppression he had 'sime that he could suffer, and that he had a patience for endurance. lpeaz, hear.) WVhether Mir. Smith wasi right or wrong, in his4 lecw,' -as a different question ; but stilhe (M1r. BrGugbam) respected ixe rnau no. revered his constancy, and udmired his worthi. He died n the. midat of oppressive contumely, and his blood cried from the I(round.o, not for vengeance indeed, for he died, as. he hadl heard, not snpree sting vengeance upon his persecutors who had hurried him to ta nd op'grve.,but forgiving his enemies, amid only casting the Diemos 0d hries nam u1o th enigreohection ef fiis country. nea. (Lucreofhear.") He repeated, that the deceased had .oura;y . to resist oppression, and God forbid that a man could be baunds irho wvas inca;pable to appreciate such self-devotion, and to ad. nire ii at ardent, but expiring effort%whieh we-s exercisedl to save ~rom ti is blackeningz of calumny the onest fame of an uncompro- 'nised, character. (Hear hear. ) let not that house delude itself~ by -magie ing that speeches at one side, and speeches at the o ther, balancing nice points, and half compromnising am the, y- were delivered, would suit this occasion. All men of sense kneew, that speeches were nothing, unless followed, sy then is who1 hael the power of following them, with resolutions cal.. culared so give effect to their sentiments They owed an honest snd un z.pright vote to the other WVest India islands, which were not ijixed, tsp with the guilt of Demerara, and which hiad not come for- ward (xd he r'e-tisi6 to say it) to share the shame of the avowal of he jtififcatio V i~A the guilt of its comnmission. ln vain would it bes ad that iY.iilling for an opinion upon this que-stion, he wisih- Ed to if istueb the existing rights of West India proprietors: over and over ag -ain would lhe say, that his main object, whilst he called for the axe rcise of hiumanity for the black-s, was to secure inviolably the pot session of the whites--to assert for them, that the rights of pero e y w7ere sacretd, and that the diaLims of that property_were in- and tli It though for a season the dominion of preperty over the ne: gross v ras admiitted, yet thattheyneverwouldforget tiere wasanother elomind on to which the masters were responsible. (Hear.) If, in Iole- ing ups in the whole of this great question, the house would rot be- come a ugurers-if scared by those warnfngs and blind to their own greates t dangers, the planters, acting upon their own short.sighted nolicy, should rush headlong to their own destruction, then the house stood pledged by its own recorded act, to interpose and avert, for the sake of the whites as well as the blacks, the im- pendin g danger. The parent authority must in such a case benot only asserted, but exercised; it must not be trifled with. (Heat, hear.) And in rnercy not only to the mother colonies, but to the; whitemen themselves, the supremacv of British honour and 'Britisl I lair must be upborne, however darlIened were the population over IT hich it was destined tG shed its salutary protection. He had Dnov e one, and he left it to the house to decide upon the important quarston which hefelt it his dutyto submitto them. (Loud cheers.) The house then divided, when the numbers were- Ft tr Alr: Brougham's motion. . 14 Aq4gainsttt -. . . 193 Blajority against the motion . . 47 Lorl d cheers w7ere heard in the house when the numbers were an- nountj2d. Thhe other orders of the day were then disposed of, and the honuse adjourned at HALF PAST THanE O'CLOCK THIS NOrUN- ,IhG. HOUSE OF COMMONS, FRIDAY, JUNE 11.- -