House Of Commons, Tuesday...
The Times, 1824-06-02T00:00:00

ine gauery was opened at one o'clock, and was i}mmnediatelv fill- ed. A very considerable numrler of persons were unable to obtain adnission. E%UITAWE LOAN COMPANY. Sur W. REVEmoved the order of the day for the third reading of the Equitable Loan Company bill. Mifr. S, WHITLBREAD opposed ihe bill. He was no friend'tc monopoly, but he could not -ook without great jealousy at a coiabi- nation like that for wlich it was now proposed to obtain the sanction of the house, and which would have the effect of ruining the trade of individuals. There were at present only 300 pawnbrokers in the metropolis, and the rate of interest vwhich they charged was very lit. tle more than that propoced by the Comnpany-the latter charging a halfpernny for the loan of 2s. 7d. for a month, and the former charg- ing thesame sum for the loan of s. 6d.- The advantages to-the public would be very littlc icreased, while the injury which -would be done to -them, by taking away the summary redresm thev had at present against thc_pawnbrokers, would be serious and universal. I{e moved asan anmendment, that the hill be read a third titne this day three months. IMr. HOBHOUSE supported the amendmenton behalf of trades. men in general, for the principle of the bill ndigl be applied to all tr4des, and would injure then all. If the house encouraged it in one instance, they miht -be called, upon to adopt it in -many others. Sir IV, CONJIREVE thought that as maany persons, and among them sone of the members of thatihouse, were deeply interested in the company, and as no notice of an opposition -had been given, it would be unIir to defeat the bill in this stage.- The pawnbrokers enjoyed the protection of various acts of Parliament, and as this coin- pany proposeto lend monev at a less rate of interest, they were en-. *.idd at least to t same privileges. Sir W DE-CRESPIGNV was understood toSupport the bill. MIr. i1ONCK said this measure sounded of charity, but smelt of interestA_it professea to be Christian, but-it was Jewish in principle. He objected also on. general grounds against the employment of large capitals to the destruction of the exertit0u.s of stnall capitals. rhe public interests could never.be 6o 5afely protected as by a pu blic comperition. -i'hecomplany.ie question might,asother comupanies did, carry on-t.hdr-business without the aid of -Palrliament; and if their sole wish -was-to do good, they nnight do so by mleans of a partnership. MNr. ERO1IER.TSON said a few words, Which the cries of"; Ques- tion" renmderedl inuadible. -Aldermanl WOOD asked wvhy, if the objections which had been urged really extsted, they had not been mentioned in thc commnittee~ above stairs, where their truth mnight have been examined. There wat not a more respectable cdass of persona in the metropolis- than- pawnbrokiers, nor one more useful to the police of the country iil The SPBAKE% j,plied 4 .L. Mr. .H.SU,l I with a Th*SPEAR.R~,rdthn -'fuce a esr o bremature. as Dne -L in7eted to v.ote. thpnv a s tn or him thzat evena a notsoui ~hou1& exist: that h6iildbe.~s ar psva4e1 Agintrste it, any 1,1"eaitiuB, Adidvo-sion ertdok lcei~ ro ovt tal c;os ~ ta the qundorkng wouha bersyntgeourastohe- pJh For he tirdreadng 4~ ~asndt it,eIihMn The billw 32s[lliijorrethety ble added. a~~ Thes - reda vr~ ied, ta hend seviena e tiken Wer_ fohat [e CO Ld rigLonourasnc frmth ss6o thor tjeueon bpase. wh hel nbil- hol,rr. eL Tdeae bill was Ade,4journed, uni omaorrw Ai.(RWpaessned acco titiy fromthe ath dr -~~~ PraYing for ematisicilpitngocon on the South L t ing ~ ~ b~ P of the teietf i &aetniGnMUt LodCANLEYp'rseg8en`~j tha a. Sith.was, 'llciwj- ted-imitrpettWoh fodinthetbe Lancashre, irn. topeVpn, unt,il tomrroes h rralls-tr~fth Mr. HOMEST lRM moesoarteeiecetknIe IbreThee litte-o tevera fosthLzra eDtdone fiu. shulidgenorth debate jion itwas adJUWSirURon I r CAstr; i.MATWZ O sst eition flr. Wnefl'l- ing- ofrthe treatisenterof i the a vicin Sithy of snu, WMonsb,Tj. VOTLErdSeV NdonPr,tJmr from 2zr Lanca~ ~ erlte -Yrshire; ..W ~ s so pr4ntdn fro Bndenoth Air. ~,(I sei,ta e a eeveral ete from tafbdhse , Bi .s rouh Ar. McsntL ffrom- Portmoutb; DreWonportoni'Mout.' cestr; Sr Th idd eford,bYIO firoT cL&m ; feo ms RunafoWr fr.mn~ MSrforieth. Mr- - fromTDeviosde b Air ~rse, R Siir~~, rot te issntes n te Iciiyo Lond,- onog by. Jonr XVORTLE? seveal from Yorksirome.1 M r. R O W L O~ V sai tha he hadreom a l t e f o h Aisetrs BOf GIAr1g rseatidg thatd he poetisono thet san brlbjgcn ha enforwardhi dprtn toestion, bet iht hi Srio et arivle'd.ge s hertn,cncosqune of the m2it fpnoswichsionaldy. botinthathoas andButdefd6ory SitrefTrAcetU;fom umorL pridhits fucrithe t b ay S th. Hanot;t fromin thetood 'Hy Mr. ht th poLBUe frotng a ditrctin othimdra,iby Lordhi MItON o from, aIonxst o, by there pr-aiecl; inuvaries qtortuers elAwhr.. Bassett, hy' ers Pin isom fhromh UleastgOf East Gritefto ean& othe plces- b oinvndrLuSSvIITon. romtherocsns wnitreianoflive t.. BRoU~Asr' y r ardship ornt fpromssoutha -pton e, by or. both in hat hous andeoutof doord with reeenet tI eougsr. whichhe Wa dispsed t intrduc s th ie ofn ners .a c a!digluthedetction of bexl,& e, lestit's b~d ethlSfo s th ughtehe~ wA Anyted a idg thbe c ba;, the tbe' sid- o-ti-e-waer'?*a''sr'gllles vmtls case; as it oCcuirred at theiohe sidden face-as ecas if the di"tance at wbic lthe trimsac. tion ook ea if, beca s it happ ened bevond the iniinediate scope of thtis country, and- the colony where it occurred bad-no difret representatives in that house, did not, in fact, constitite-tieveryjjt reason for their interference. (Hear.) Then, raid saother, S-AIE these petitions whicGh crowd your taSe-all those meetings of mis.. guided penons out of doors-eali the anxiety wbich is felt bk5peoplFl within, as well as without those walls..relute to a solitar.aTiziole dual; and that individual is connected with the Metiodfjvs. dt'j it was the first time he had heard in that place, ancl- he at tbat shbould never hear it asserted agn tmhat the -weakness of the irndi,i., dual combating, sinigle and. alone, againat the force-oF- power, wpm a good reason to induce thel to sLi t their ears againoh st complabtr u . Iinte characuiterwand devotion oh! thisis onwythe icoliplaintir ofavMe hodaistNors, upposedt hay beenq for us,thewpaldcometuthdoeintat ence-.-..he wo ono usen;ye shear repeatef. woed Aihtrebd son rerh ettie o fgh to e veopl2ed, oeugt note to take they wastodsn ad eatonenteaes nina-senof thisnaure. Hea.But) the-Missionary Sacitole, bywom so Smlith was -sent ouh,a were- n at soi 'He was employed by the urch Missionary Society; and instead of beinga. Methe odist. -ha wa, anlndependent- Hewasonerfth: 'it numerousi conscientious, enlightenled, and inrch.ro-be_.venecrated class of-nh..- inscat whoee al must g idmire; onla account Of tpej tdnivcrsal0ft erin- tin which they sanctioned. (Hear.) lie was o: e 'of the clat of nien, to whom th his countrv thirough al 's, bee differently their particular tenets mighwt be vie by sid founteon of tei owe a mighty debt of( gratitude. (Hear.) om might tnthiit those iondividuals hal rried their tebatest acd mo tt 'teatter of blame might be alleged against them bteface,- theirt all to.. getoer, thev were that class of Tnen who, a by-e p to their-iio in which tiey rivalued tihe earliest pr essors to br' n t ing the character and devotion of mart with the skdllatidbl aer of warriors, founded, by conquering for us, that religidus ae~c ence which we now enjoyet (hear)-' e wepeated- f the 'ii'&e nsea who ought to be veperated, because hle ath t they itingly nd aloneon an e cinieofsurpassingglot ( ) tolera- tion so absolute and unqualified it hcmd ben 'o alltime i larged. and extensite, that even the mpeO libheral and enlighten dof other sects hsd not reached to the same degreof'peryettion, v o o bad. he was rejoiced to say, had inmade,ear tpproichesteion bewed ont say to these gentlemen-who labourea under prejudicesodfihe-kind to tbhich he had alluded-'m all he would ansk 'of: them wai,Dot to. asllnt the indulgence of that feeling which ie ktew, let them disguiseu i from thiemselves asthey migiht, was the root anc foundatio- if their sappoityon, to preventi tei fromh - seriouslr dxh'pining t a qu'sh tion which, ont of doors; had excited ao unoxamr.&d, deon gree of interest (hear); and which, -if -it stod- entirey nrt its own uierits, callecd for their deepest rand- mste islrtfU&ttein, tion. (Hear.) He wished, without fartber pclteftde to -poee'd'a,ohefQ to the facts oftthe case. - He would abridge his-obs atijia a%xnpgn, as possiblr ; but still he feared he should bcetomer mtan ther th a considerabletime on-tlcirhet tten,iti w l'le hfttding tu, be a r sagaisth Mr. Sith ad the wuholety of thepdriver, nds ,ietw~ ,e the is at indivoindtual. Idithe-ntset-hewould'stay-t fo onetnwmtito tosie utfe en of those proceedings there had bt ' aon tind ereive of illegality--one continued vifaltionyof uThy ce 6ber, car cvio- lation of the ntost cormons - farriied, T1he juste6 - atura3of itr,vle rm i oetc odeSl neros ,as ofortvr its substance. (Hean) 'Ihe inevOt., 'n aistory; 1144 the ifote to mnceet case that squalled: baei'ther did tiae kndvy i val who had. He u had-avjo3issre;lebh trietiee. rienl on ailas.t.v. A m:erson he h i consre quetuccf h i bert. of the beglt profectseng swe ays thing whseohd lnao hsadpout feisional esxperiennee aid hlaa ne',ei yet met lthth ewh na objected to his condemnation of this trivyns2cti6n. Tve more the proeeedings were lookedinto-the w, reater therattention beste their details, theamorecompletad, an d unq,irifitd and theha&t to this propovsition.thati the'tantsactibn iinioved a brenacothlaw, voke,did nowgs itsd to -teGvemenoit_anmey,*ato a violation ofjustice, and an outra of thefoinnyhisj irtwluivex lar and justice were administere l.' (Hqli .) It 'kns. losy -neces sary to cal ttin attention of the house to that sttbapp i was diffl no auhoriativ com,uist4tin lfs mse .b tpe statrnen fthig which Governor listroty made knfown. by his protam'atiofi, In con.r sequence of resolations Whi6h were unamnsmotsly aaoxe by tMce house last year, certain instractions awere sentout toeeNW'-egtJn_ diakcolonien , and amofngst thevoest. t Imerars. -: Whether thosn't.h structions were the betst PdisUiblt:'al could 46dtvisi~d p~r fulfilling. the wish of the h toose-kwhetbe, ipa en onespect they had not Dna too fir, or were not rath'aplmatntrei ;. tindw)etbr in anothe the had gone far enomigh.so;hether it. to as fitting tbs beisato ae in WVest IndiA society,, composed.'as. it wMasof itho unerable cslave ho obeyned dtheauthtority, of the driVer,a naiew theah the sembo f risd ?authoritsn, byt once attacking toat symbol, anl wnthfrowing it asideho would not stop for one nioment to conr Sutlce i tosay,thee i'nstructions w ere sent ofit,' and eevdis Der5tserar abnout fthetiofJuly. The werereceived in ctedas at that tie. - A -stron dalarm pe'a'red to l been excitepil colony, s and a feveisa -anxjcty was; ainifestead hl the par the plantrt o when thost inhstructions arrived. The i elh cence natrallyr travells fro,il the domestic to the feied n eoe degwroue,t avterl powerfully on the minds of those unfortunaten i ousa, &isn differ- ence of opinion as to whiat sliould bedonesiemed to have prevailed. awongst-the platiterm. A mie6tng was in 4eonsequenced' held, 'whichx was ad.journed sithout effectirnauny thing.- A.secondiwas held,:but it alsciwas adjourned withoutlinying down, ;n~'plan to c'r h in. seuction -into effect. A third meeting wa3 flrwirw~ds asseableRi, and a discussion sftno vesy hostile 4Qhaiacter, of no very fiery n'a%ure occurred. The dis'ase,islo *e, jhowet.-er; r-isher gpiri~0d. - These circumastanceci got abroad; and created mucti irritation; and the.only- mode toprevent that irritation to,.bIichtheNiegro4',vesweirenatlyro-. vokedAdd totsuggcstitself to theGoVernmeat_.nmely, that: ofLero. muslgating at once what inistrucetions fiad comdftbinthis couitrytveert if they were.not teady tostitte wlsti iEiy themselym'xaighfbisipc3jned to do. MeiNg ever s?l,ac o heratitoi ii.ws 1f cult and delicate in thU Oxtretu, bh- c-onf essed. it' inrprsed.hiira that they had not taken this coUrse.- ~'1ceksafC'r'*eeks pawked-oq, *4acl no authoritative co etion i~ msde hti the peaect -the planters, or 'to thie lhack iopulationu, 'Asii nteva.1-of moirec than fivo-weeks-elapsed betwveesi tfle receipt of; thb,iu4truicdQns ~nd - the breaking out,t of, the rc'Volt; *The, iiiist~ui*Xovs arrived on the 7t fJuy andclirevolt took plaice -~ii ie 17th'of August.. D)1t.r igthis period' a great 'alariii priiiiikd1among. the whites; and. the 1alar m in tile minds ofthe niegrocii a to v-liat thi~lr situation was likely to be, arrived at la. very. high pitch. - Alt thlose poor people consstntly -deiianaed-.~"`Wht tl1as gune out? - H as the paper wIth ourfteeedom ari:iieap S lhi no.tthb:-Kig dispesed to free-us~5? Rave we not frienfds in Patliarpentr'- Freedom was the subjecct of con- versatioii -amiongst theme a1l, 'xreedom lfreedomi 1 was- in -every, MOUth. No0w,he w~ould ask,' whia t riedomi was-fikttedfor popula.. tion of this kindl? lie ould maiitain,in thathouseand out of it, the same olinion oh this subject wiicti-h6.had held since'he had the honjodi of a seatther.e, antE he ino hred. long before that time. To that opinijn hc tl dee,atog,i osqec tamr e,tesiv~eknoyedge of the wrd emgt nsm ere le his, moeh.pesni.Hsoiin,te,ws haiwsce. SVy~ njiustice to our whilte fetow.eubjects, but above aUl to the mev,ostheinseiae, whor were the victims of our injustice und Im- polcy to mnaintain the presnt situsation of things In the West YI0 diesY; Iasndasethe sinaintaeniag of that situation required promipt re.. solution anti a firm hang, nothing, he though4 could be so bad nothinF "o disadvantageous, as the adoptioni of a waveriitg xic.li7y keeping matters of importance in the dark, anid permit. tinag ioubts to exist where such doubts mnight prove fatal. (Hear.) In merc~y to the black mnLT, as well as it' justice to the whilte, they oughtncver to suffer, for a moment, the one to dread, or the otherto 'hope for, an immediate emancipation. (Lear.) Hie was-unfrienidly to thatsudden? violesntard unjustifiable enfranchisement of those salves, to which soine persons were t'riendly (hear) ;because he thoght tht uderthenam ofraningthem freedom, they would, in eaity b inlitig o tem havypealy. (Hear.) W1hen be sid his,it as fr te blck an h plade and next to that, andsubidiry o i, h plade fo th ineret f his white master. (Hea.) he ncesary nd neviabl consequence of' the cdr. cumsance towhic he ad efered,was to give rite to ths prceigs which, howeve diffrnl eteen midght ese ste sbect, they mustal deepl aet It appear- ed, that at the period towhc he hdcle the atten- tion of the house, Mr. Smiith had been acting as an officiating minister for upwvardsof six years. He had gained the respect and esteem of Jil who knew him' for his exemoplary, religionts, andlmoral cbaracter: (I-lear.) He was honoured with the love and veneration of'the flock over whichi he more imnmediatelv presided -,but there vwere, besqides, one or two other very conside'rable dlistricts, the population of which he had wron over to him by his amiable and quiet deporm-ent, and by the zeal and energy whielh he ulisodayed -in the discharge of his sacredl duty. (H~ear, hiear.) Of that zeal and energy, the papers before the house fuir. rfished onlv a portion of prcof, but it was quite sufficient for hiii purpose. 'Ihis gentleman, thus usefuUiy employed, wag dragged from his house about three days after the revolt began. Ykes, wher the first violence af thie insurrection was over-when thie revolt wat- sutbstantially quelled, he was dragged from his hoase, without be. igallo'ved time to u?'commodate himself with these conveniences which in other dlipstes, might be considered comforts, but whichl were here absolutely necessary for thi preservation of lite. (Hleat. hear.) In his case they~ were rendered still iniure absolutely necessary, 1because his life was at that time attacked in ontc of its pri-aeipal seacs by a disease whichi afterwards shortened Jit? an& -which, happen whiat might, must ini a f'ew years have le~prived him oi' eristence. W'ith this indecent haste-with this onfeoling =eert, he was taken to prison ; and in thaLt sultry rtnd antehole- mr.' cl te, he was confinied in aplace where he was daily exposedI ad the heatof"the sun. The situa-tion was afterwards changed, when hislife was, found to bet in jeopardy. Ile was conveyed to a plact which, inisuch aclimnate, was fironly for purposes of torture.-.damp- 'unwhnolesome, andin every resp~ect unsufitable for an invalid. When ni 'wasarrested, the officercelled onhim under the shallow pre' ence thai he was wanted to sn-rve, under martial law, as a soldier. This a' mnight be expected, conisidering ilaifuinctions, he refuised to do. ifn' de, that pretext. howeviir, he was seized, and his papers were taken atray. Amongst those papers wvas his private journtal, Pare Of wihich .was intentded for lais eMPloyees, but the grae oto f whbich ~asintnde fo nohumn ee sve is owl. (Hear, hear.) When thr.wn nto risn, e wa ket thre illthe whole revolt had en. tirel subided. Thiswas povedby the tact that Genieral Murra wrot to he eretay of tateonl the 28th of August. tha di reol whch adbroen uton the 17th was nearly quc;and on the 31st of August he stated further, that nic freshe dlisturbance had occitrre.l. it appeared that no in. surrertionary movement of anY importance took place after the 2fth of August, and that none wnatever occurred after the 31st of Auigust. The colorty was perfectly quiet aind settled, barring the anixiety which had beenl raised, and the apprehension that wais entertained lest newR disturbances sho-uld break our. Every thiing was thecn perfectly trainquil in the colony of Demner.;ra-muttch more so than it was preceding thie 17th of August. Martial law, wh'ich waus proclaitoa-d on the if9th of August, w~as kept in force exactlyotb five caendar months-namely,,to thel19th of January. Daringtdiii period, AI1r. Smith was kept' in close confinement.' The place he was cronfined in was a garret in the roof of the prison, where, for ge. Yeral months, he was exposed to the burning heat of the sun. At length, in the msnth of October, when the d isturbance wws wholly at an end-when all pretence of iimsedliate danger hadl ceased-wher every thing wa.s quiet,-when the colony was u~ndisturbed by augh' exetthe app,eltension of remote and uossible danger-it wwe. hnthiilt proper to bring to trial this miinister of thle Gospel before military court-mnartial'. (Hlear.) Now, before lie examiined wba this couirt..miartial did, he wouldi first entreat the house to look a lIt- tIe at the outside of the porocceeding, its foundation, and its varioit accompanimnentsg. The mnost lezrned miember of that court hadi heel called on so state under what law it sat ; and the answer was, thit thie proceeding by martial law took place under theM utiny Act. Ot the 19:h1 or August tuie coart becan to sit, undler this prodransatiot of martial law. He did not pwtoess to undlersrand, as a lawyer, ma-rtial law af this diescption. It was unkniown to the uiw (I Enigland. Hie did not ruea,~ to gay there were no instanice in which thie principle of miartial law was acted upon s buLt sine til coosVr'l had a settled conaituotion, no suchi thing, Ital occurred Fume'y the Crown, lte well knew, took theI liberty to issuxe procla matic,nis, by the authoirty of' which civil off'ences, comfunittell by per son!I, 'eting .in a ctivil capacity, store tried before a military tribunal Thae most extraordinary instance of that kind with which he wa iacquainted, and that perhaps which came nearest to the Vresent case was one that occurred under those autgust, constitutional, jusr,and li beral sovereigns, King Philipanti Queen Mary. Insa proclamnation is ~uedbv them,they stigmatizedas rebellion, and (ordered tobepuni.she, for that offencee, all those who possessed what they calledl heretics 'bLooks.,'thar was,Proteetnnt hookq,f'or theptirposeofr'eading-the,i.S,.em ~rolanatins ereals isuedy QeenElizabeth, others by Jame ., nd,it a uchles dgre, y Carls . Alt length, the ev was oun so nsuportble tha it'rae rise to the petitioni of righl theb~:andmos vluale egilatveme.wiure that Brnglidhme coud isis. i ws te wrk f LrdCoke, to whom they owed a itomense tlebt of gratitude, andI whose na.sse they niever coitd ipea ~~~~~~~~-rada of the land; ad,-y- by thes said gre cl,a=rte1r, -anu other the laws aaid statutes of this, re'ailm, no Man ougI *tohecjudced to death but by the laiws established in this realim. Since thiat period no such thning as martial law had 1teer recognize ini this country-, and courts o f law held that martial law was nm known tothelawrof this country. Intdietime of Charles 1. rhio, Proetaimatiuns of martial law received a mitigation. Commiss,ion or courts-martial were OnlY allowved to try Militairy persons, asitl pet saris connectedl with or accompoaniedl by Military bodies for ofl'ence *not ctugnizable by the civil lai'. Wh'lat, thlen, was it tbat had bee substito ted for the civil law an this case ? In tile days eo which h lhad referred a standing armiy in time *of peace was it sole diemi in languaire, and thterefore no riecestity existed for devisin measures for iti goiernrment. tBnt afterl the- introductioni of t'hus' annual nsutitty bills, for thie regulation of all marti-al bodies, untie it inartial law mighit exist it. this; cotintry or her colonies. But thos, courts-:n'srtial, which sta undter the provisions of the mautiny ace were limiited to the tsisl of soldiers, for military offences, and th *punishiment which folloswed was awarded unider that act. He woult not go into a dlifficultt or delicate question as so the distinction be tween civil and military offences, furthier thani what he liad stared because the case nowv before the house dlid not depend on filne.spml distinctions. If it should be said that in the colonies-, particularl, the conquered colonies, where offencas were committed, the laws , those colonies should, n deciding on suchl offeibas, be strictl, at tended to, and that sutch a course had been takep in this caie, h, 'woald answer, that, consttitutionallY speaking, the Crowi had no right to conquer a coon, alnd, thiroughi the metdiug of that colonyv, to import inito the constitution of' this countr1 something wihich was conitrary to it. and which mRight ups, rate prejudicially to Britishi subjects in those colonies (Hear *hear.) If the contrary were admitted, the Crowvn had only, t, conquer possessions in Africa, or to send an exPeditioni amongs9t th, ' savages of the islands in the Atlantic, and adopt frorm one th cutom or' paving the yards otlpalaces with human skulls,I fromn ano. thee thelhabit of scalping, and f-romn a third the systemi of torture.-, and thus "al h ideous, all uerutteetable things,",, might be denizen01 *into our constitution by proclaiminlg war. Any thing contrary ti thne rights of British subjects could not, he contended, be imp6rtet into Our constitution bv conquest, These observletiOns wr lra unnecessary; because,'.as this was stated to have been a~r pentmrhap under tlhe moutny act, tile parties were estopped from pllead inx that they proceeded in conformity with Vhe Dutch law, of which lhe believed, they knew as little a.s he did~ -T[hey were estoppedftran ustingthat plea, becauise they reliedLortbert rtitleeonthe British Illu. tiny Act, which was constantlv referred to, abd whic h gave rise tu many argumnents. Hov, he asked, did this mode of proceeding ope. rate on th"e trial Oft'hisI niSRtOnliryp l'e was tried b or.,r tial. and General Murray declared, "twsalne-for if he ha( been tried in any other wav,he wojUld onily have hadl a more prejudicer tribunal." No6w, he haal io hesitation in syn, thtile(r Brougham) hiad been the party accused oraiscoing,e on that tifaie l hewostld have preferred tlijeordinary'jurisdiction insteadoftchatasno melons Proceedengofa mili'taryco-nii.sion.In tle first nice, it wul havemtfhorde himdely, which, inz all cases of, persons accused, wa.' an advantage, but which, in ths case, when the individual we brought to trial during a reverish ferment, would have been an ines. rimable advantage. (Hear, hear.) Hie understcood that the Dutch law was assimilated so the Rorman law in the new world; and -that -as thec proceedings were very co'm0lcated, monOths must have elapsed before thley were terminated. At every step, he was also informed, there was a chance of escape. All this would have beets of inesti.' mable advantage to the accusedi party-and all this he was obliged te abandon, in consequence of the appointmenit Of this mnilitary tribu. nal. Another glaring disadvantage under which he laboured arose f'roln the allowing Af the slaves to g-ive evidence, without any sort of restriction. Hie admitted that negro evidlence wvas, in thisi colony, admi,ssible against white mnen; but it was nirt often resortedI to. fIt was hs,eer rihtre roure she best evitdence, and to have it tendered in a court where iL would lepOperly ex:ntneth, and not takn a a erematter of course. Undr the Dutch law, it wauses ternary to institute a previous. inquijry, to try thle credibility of the witnessest who were to be ultimately examined ; and s'hen a dii.. erepancev was found between the evidence of anY two of them, or if one of themn contradicted any pate of his own evidenice, such %ir. sse.Sse.s were refused. There were two modes of coining at the evidenice before trial. The one was- under the Romani law, .by what was called " the roll"- tile other was by exassii- Mation_ before the whole court 5. in0. u ornercae,th Cie Justice and othter pirsnss exe e f ormer case; the dief sion then took place, and' the witnes was pononsc; a discusib OrSe 'lot, e accordingtotphae cdonsistency 0W4 hiPrO?nO?unced admissible ore whnt, scnigtth cosseyof hsis testimony.. In those this exareina lave appeared against a white man, the former, after thse amtnaon, Was generally cast. The balancee was mlostly its favour of tile whlite man's veracity. Thejudges would pause, and rest upon nothin. but undeniable, clear, nnd ilicontrovertible evi, dence. Again, according tothepractice of the civil law, by wvhlich this individlual mitist have bcen tried if h-e had not beell brought before a court-martial, two competent witnesses were required to prove ever separate charge. Now, let any man look to thecvideence on the rtiT and he would at once se.e what an advantage that proviso wol have given to the accused, who had bee dBye f t nLs wofull, but for this military commission lie wrould have lhad the advantage of being tried by the cominom law. e wut ha had realearned person presiding as chief justice, and acting on his individual anti professional rLsponsibility-a..cting in elhe face of the bar of the colony-and acting, also, in the f'ate of that bar to wvhich lie belongedi in ths country-to whicih perhaps, hle Might retUr-a..nd sybose ugMent on hi aiconduct, although dividedfroni theam by theAtlantic e -use, at all timnes, unless he ceasedlto have the feeling3 of'a man' and an advoc;'te, c-onsider of the greatest importance to his fame antl character, It :would have been left to sucls a cliaracter, and to him- alone, to admtit or to reject what evidence he mighit Ehink proper. He would be obliged, on his profe-isional character, on his honouras a nian, on his responsibility as a jud.ge, and on his credit assa law. yra, to do thiat which bwas .tust aisd impartial. Nowt-, let the house look to the tribunal beore which M5r. bmnith was really tried. Hie had been tried by a court-miartial; but by a court-martial so coni. gfitimteed, a,, to leave hiim eveni without tile show of that fairhearing to which, asi a Britishi subject, he was entitled, The very first n4gn upon the list of offoier o, whoi.tbat 'aurt sAd beeni compoMd, wbi that of the Honouritblei Mr. W'eay, the -President of the Court- of Justieceof the Col~pny. Mr. Wrayhadentered into the functfons of judge upon a court.martial u-nder the title of Lieutenant-ColoOnel having on] a day or two previous taken on kimself the quality' o? anmiliti olcer. Hebhad done so for the express outoeo ualiy- mg himnself-a~ lawyer and a civil judge-to take his seat for the time being as a soldier, antit try c-auses upon a nisilitary prosecution. Air.. Wray must, no doubt,. have done this under compulsioni. Illattial law, at thle time in question, had been established in the coloiny; and to that law he, as an inhabitant, stooil bound to yield obedience. The Government issued its proclamation, and under thle ordere of that Governmenit he was bound to act. In lieu, thierefore, of his civic gown, he had f5und it necessay to put on tile armnourof the das', anid to comie into court exercisiNg a mockijuris- diction, part lawyer and past soldier. Overwhelmed, necessriy, by a majority upon all points of the midlitary, he being the only law- ver in zhe bGdy, and suffernug that inijustice to be perpetrated before himn, those principles9and forms to be openly violated f n hi resence, flie mere question of which he would have been COMPelle to pro- test agwainst, sitting in iSis black gown as judge in a court of civil law, liut this was a sliglht example-ass instance not worth dwelling upon-.-of the general mockery, of reason and Justice exhibited in the constitution of the court in quiestion. The Judge-Advocate; although he stood in the ch aracter otlpblic prosecutor vet it was hiis duty ailso to stand between thle prisoner and the court. ~If lhe wvas prosecutor for the crown, he, was also couinsel for the prisoner ; in fact, ulpon every well-regulatedl court-martial, his; business was less that of a prose- cutor than of anassessor. Support upon this point he neededanone, or he mnight refer at once to the highest authority before the house- to that of an indiv;idual, who had exercised miost constitutionally the funictions of the office in quesition, and whose performance of them had been no less to the benefit, than to the general satisfaction of the army. But hie would stand uipon the Opinion of a reverernd judge, before whom the question had been brought nowv many years ago; and whio lbad laid it down clearly as the duty of a Judge Advocate, Ito see that the prooif on both sides was laid fully and reptla'ly before Ithe couirt, -and where a reasonable doubt existed, to incline to the side of the prisoner-a duy hichi certainly never beloriged to the prosecutor, as that dc1htarNacter stoodi in esuits between party andi partv, anid still less, Nvas to be found. in any piorttion of te Adocae of Demierareg~ charge, or rather, hle might say, in the charge of the Judge.Atlv.cates, for, one not be- Iing suifficient, two deputties-, and an assistanit, hal been ap- pointed to relievehsim';--alt these per sons,with a care, and a subtilty and a vehemence, unequalled, pressing ugainst the prisoner, anti with a kind of uinfairnes, morcover, which never was attempted against a prisoner ilit any court, and against which, if it were at- temted, even remotely, there wvas no judge who would not set his face. For the whole labour of thec J udge-Advocate seemned to be to conceal from the prisoner the chiarge uipon wlilch lie was to be tried. The charges wvere So dr-awn as to convey no information. They were shrtgeneral-vague-obscure, and concise; and yet the), were neither so vague, nor so concise, nor so brief, nor so obscure, as rthe opening speech of the public prosecutor, which only veilea still faTthier that whtich was alriady unintelligible-opening nothing, con- veying nothing, but leaving the prisoner iii ignorance. of what lie had so meet. In short, the house mnight form some idea of the spirit in which tliose proceedinga had been con- ducted, when they were toll that the opening speech of the pblic proseuator occupied, in the mirnutes, only half a page, while hi's reply, deliverea at a time when the prisoner'smouth was closed- at that maoment when the prisoner's counsel could not be heard-all theproecuor' zal and suabtilty hadl been let loose ; topicatr'opi had been insisted uipon; new fact4, not only insinuated but broadly stated; and names, and dates, and circumstances, introducedin a re- Ply occupying twen .ty pages, xwhich had never even been alluded to in the foregoing- twen.ty-seven dayscof the proceeding. Again,there- fore, he (M1r. B3roughams) declared, that it would have been InICom1- parably better for thie prisoner to hiave been tLied by a court of civil law, subject to the practice and decorums which in such a court would have beern entoreed. Colonel Wiray had allowed his name to Ibe placed uipon the tribuind before wvhicki Mr. Smith was tried, but he had refused perempEorilv to be President of it. Except from the motive whichi led h'm to rftuse, he wouldl have been pecuiliarly, the person fitted to fill the office ot President. INr. Wray was Only, however, a memiber of the couLrt, andI two other menmbers were oftl- ecers of Wetst India regimients. He (Mlr. Broughain) would not Say si" ~thing as to the aonnexion of local irnttrests of otficers sosiiuased - butA it way, curious enough to observe, that the President of thie Couirt, .Lieut.-Coloiiel fioopdnian-that gallant officer, than whoim none could hold a hjighier character in his profession, besides bearing the lKinw's commnission-hield an office in the colony whiich pointed himn 1,out expressly as the last inan who shloiuld have beeni president of M1r. ISmith's court-martial. The house would take noticetihattthiereason t given by Lieut.-Gecneral Mlurray 'br cryinig Mr. Susith by at couirt. imartial was, that lie should nortonly have stibstal,tially a fair triatl, Ibut the full appearances of one ; and yet, who was namled the presi- &(tintu of thle court-martial that triedi Mlr. 5knith for exciting an inanr- t'reetion among the negroes, but Colonel Ooolman, who wasi vendue- imaster of the coloniy, and hiAd a profit, tonsequenitly, Upon every' negro thlat was, soldf by auction in itt! And it did happen, soo, ljya criois idnide~e,tba onv tire da-tbefore this insurrection .ha brkenout a eryconideabl qa ofnegroes hadl tokenplc by auction ini Demierara. Between 70 and Si) unfortuinate int1iriduals .had been torn from their faimilies and the places of thteir birth, to be isold outouSthe colony for the benefit of their owrers. This salehad Iexcised greatidiscontent. Fifty poor creatures hlad gonie in one lot. .oSae advertised as, carpenters, othiers as %hip.builders aind black. - smiths. Anotlier iot was; a women with three children. A third, a i yong irl ithehi. Hebeged o guiard himnself against misun- II terusrdig. n satigtie act tht ieut.-Coloniel Goodman lield e te pst f vado-usste, h byno eans meant to infer that his s opno oluebasenyta icinstance. It was possible Ij 'vnSith i ntko hthsname was ait the bottomy ,Of every advertisement under whic a negro was sold, bat he had i!nuotoriously an interest in those very sales and transfers whiceh were II Peculiarlv a souarce of mnisery to te slave ~popUlation ; and there- k fore, if ihe obiect. was to plaee teCourt-martial above suspicion, 5t Wra, the President of' the Court Of' Julstice, and by getting Mr. it W'ray Oino site court.miareial as. a member, that appeal was'avoided altogethier. Amid( olne word moore.hlere as so the jnurisdiction.e4uppose .I it to be adnicd for the tergUment. that tinder the pressure of great *t Miergenev.in cases of invasion 'or O1' rebellion, whicit allowed L; o t-e ershe cunmbrous slow proczeedingso h ii a-ni ,,"se it to be agreed tchat, under suchi circ-tlnstances, a proclanaAion -; Of martial-law being issued, all formis of common law would be for s the timne sluspended, znd every Offence liable to be tried byT a Ml ita. Iiry tribunal ; yet, suippose all this to beaiitei h Vilwsol e! admnitted xbr ttie timfe Of thie necessity;, amid the mioinent thiat ineces. -, SiT was over, site natural riaht of the subiJect retumned. That this 1Was the l'aw, Was us Completely recogni'zed by all auithority and !Practice, as is w7as dbvious to co'mmon siense. The necessity might rjustify the uncOnstitutiouLalmreasure, so longas the necessity jasted;. "but lat the meaSuselast one hour only beyontl it,, aud it became an op. Ipression not to be endured. But then the nftastial law in this Demo-. iraca case las9ted 5 months; and the court-mnartial was not awssembled ItUafr"-r thie first two. That act was done in tshe midst of tranquil. waiich~ nothing but the presence of invasion or rebellion couild le,. Iglz-h ryirig EcL ergyman.a civil individual, a person nota Isoldier .by a ilitary court, instead of a court of -common law. -I'Cake it that (m,astial'law being proclaimed) every man became a Soldier : still, the moment the necessity which haid warranted thie 1 mnartial law ceased, he recovered his rights as a citizen. And sece how, -this appliedl to the case of the court-martial. If the cotert hiad bean Ito sir tbr an hour, or for a day, or I-or any iurpose whichi required s8peedT Sentence' and execution, something might bas,e been Isaid 'inl it2 ffsvoir: h ut this wa-s not the casle. The Co)urt- Imartial was only' julstiticti unlder the proclatmationl of mlar- Itial law:. and yet it laste'd, not ani hour, buit eight and twenty, I days. 'Now as the necessity was all that )ttstifled the mair. tial law, and tiuat martial law was all that justified.Cie court. I martial, s~uppose the niecessity to have ended on thle first dyo h .COUrt's sitting, and in what a situation were matters Placed?y ofither .the proclamnation must be repealed, anId the couirt-mr da be letith- tlgwith out competent authority, or thet procla martionwalt be lefi. legally continued in force merel'y to coverh e atistnc wof the court imartial. To leave, then, (r. Bru ham con stinue) ofo the porent. the questionl ofjuitilsdiction . and independent of that objection he I:should show that there KaAl been no shadow of regard to justice in sI he Proceedings under whichNlr. Sm-ith had been tried. In thefirst I place on this head, he desired to observe that the printed mninutesl Ibefore the house were insufficient. He did not mnean to say th-at Ithey contained a false account of the transaction-what they did give w ~as just ; but they did not give sli, and the omissions wvere very Imnportant. In the evidence the questions were not Often giveni, an amon1101g those suppressed were a vast number of that class acale "ladn questions,", the mode of printing which was very material. 7 Tute abjeiction to a leacting qnestie)n was, ta tptwrsit h !witness's mouth, an-ade the answer, in fact, not SO much his tea. tionIOY as the sataement of the person wlto examined himn. But ;this objection wats doubled and trebled if, in Printing tie evidence,the . question was altogether sunk, anld the answer Put as part of the State- ment of the witness. For instance.-a m an was asked a wreek before this revolt broke out, "'Did you beaT Quamnina Mul1 tke negroes that ithey were to lay down their tools andi not w6ork-?" The witness an- .Iswered " Yes;" and this was pretty~ well as giv wihtequsin but in th mnus the whiole stooda's a statement,antuwodivr teltengroes," &e. &c., which made a good I cea o (iffrece, Hear, hear.) The examples of tihis Practice were ~iso numerous, chaRt it would be tedious to quote thlem. The next th aircunsstanll of eireeig-uporty hev,, oaemarkable description: it was thIaifI sotofeiecion harsa-a aspecies Of testimnony re- j llte'tedi by all properlv condu'cted courts, swhether miilitary or civil; if, acterlO i was` tint doing hearsay evislence injustice to apply that satemnens whichl appeareAl sOmetitnes to be caught up froint rumour, and soiaetialcs fromj recollections three anti four deep. The questions calme soniesimes, for instanice, to this effect -" Did you ever hear any body, at any, tinie, say an~ thitig about so and- so; 'and wa a sta a ad as narl asyoucanremmbe ?"The honourable and learned genltlemlanl proceeded to point ouit examples of the coarse which he alludled to. As-_(HOuse Minuses, Page 49h. Questiont by the Court)- "Hare Jack, Betlhney Dick, (an'd several Otliers named), all ex- cePt Quanlina!, been tried by a court-martial for having been ac- tively engage i the rebellion ?" Answer-,,. I believe. they hav.. eut am d inoqutceti. Qeso.. la o u-aa u alrl llo qte eertain." QuestiOn 's Wlas not Quami;la a reputed leader in the revolt ?" Anawer-' I have heard hewas, ut d not see it." This was mere rumour_not reputation at first hand. The admission of hearsay evidence, however, was extend- ed to the cros.-examination of the prisoner's witnesses. The Rev. iv. S. ;lustir was asked by the prosecutor. Question-" Did you ever converse wit'. any of the negroes during the revolt, with refer- emre to it up to thd present time?" Answer-" Yes, I have." Question-" Did these negroes ever itisinuate that their misfortunes ivere occasioned by thwe prisoner's inDfluence over them ?" To this re8tatement of insinuations 3tr. Austin objected; on the ground that what he had heard, lie had heard as a member of a Board of In- quiry, before which these negroes had been examinied; but the Court took up the question, and decided that a reply must be given; upon *vhich MIr. Austin answeted in the affirmative. And here there was another point, of which it was fit the liouse should be reminded, that three-fourths of the statements which were made upon this court-martial were already farni- liar to all the mnembers of it, from having previouly beets made before the Boards of Evidence, Inquiry, &c. " Antd therefore " contended IMlr. Brougham, " if I had been of counsel for 1ir. WnintShbut he was trepanuied into pleading to the charges against him, withotit having a fair opportunity of chaleinig hejurnsdic. t?on or constitution of the conrtoffi-ad beenocns the ju Mr. wSniit n would have objecttd that thecourt, constituted u-s it was, a llaeaing even thosestatements for the first time. That they ha( adl been niembers of boards of inqHiry, and liad tried other, isrisorers,-that they bad tuiedi, in fact, twenty or. thirty other persos for their, sbares in the same transaction wpon which ey were now trying Mlr. -Smith." In point of fact, could it be said, that the court came to the trial of Alr, Smith under t _r, sanc suc a yith clean bands-? Were they not imbued, ather, to such n dree with what dsey had heard, tbg it was imslble'for-tlleOS toA&Iingatish evidlence irom, hseatl&~V S' tAte. ments aid uwniassioiss vhilih lied bean evidence in olne ease, became hearsav in anOther- but the first impression remained, and theyI Were acted upon is thouigh it had been just and legal to recei've them. And these were snot the most extraordinrary circumstances connected withthie e,idence~adduced.agair.st Mr.Smith. P-art of-the proceed. being convicted, confessed the crimes laid to hi.% charge, andI (iteeing, ptrobably, the spirit'- in which the affair was conducted)l flincied thiat hle might *xa~e his ownilife by impeachingllr. Smith. Accordlingly, it appeared, he uttered such a tissue of Ild improbable follies, that even sold!escudso gv rdtt them, and it was agreed topuxt them in the back ground. The poor creature swore that,111r. Smith hadl given them. the tacrament on the dav preceding the revolt-that he had desired Mr. ffamilton (the manager *5f an estate !) to takedown the bridges,to prevent the bring- ing up of the big gunis-that hie told the slaves to take good hieart for thev ought to have their freedom. Paris afterwards swore-(all this hail passed before the board of inquiry, and formed Par.- of what IMr. Austin was compellea to admit againsqt 11r. Smith a's "1 imputa- tion,"1 in his cross-examinationi by the court-martial)-Paris sivore that the arrangement was that Alr. Smith was to be Emperor; that he heard Mr. Hamilton say that the president's wife wrould be his wife in a few days; writhi many more circumrtstCali equally reasonable, and no doubt equally true ; and thien, directly after, it would be seeni that he swore-being felo de se of his own evidence-that 1r., Smi-tlh was alarmed, atid said hie hoped that he should not be hurt if the negroes succeedled. This man's evidence was too-goeod altogethier.-.it c6ald not be made useof Some oth'ers, who spoke less extravagantly, were brought forward and listenedI to, Those wlio hadl sworn deepest were packed off to pres,ent execution; and here-if aniy doubt 'could remain as to the value of their declarationa, contradicted as they were by themselves and by each other, and at all points by the witnesses for Mr.Snsith- it would appear from the evidence of the Rev. W. Aistin, who was neither a metiqodist. a missionary, nor a sectarian, but a clergyman of the Chturch of England and the Govemmient Chaplain at De- merara, that previous to their deaths they, retracted, upon oath and in writing, all that they, had stated agzainst Mlr. Smithi. This fact was worthy of attention, bacause there were circumstances connect- ed with, and arising ouit of it, which fully proved that there muiLst have been contrivances resorted to, to obtain thie original testimiony given by those meni. The negro l?aris, in denlying, prayed God to forgive him for the lies he had been inducedI to t-11 about Mlr. Smt,by a person who 'had promised that hist life (a* well as ~"Jack's")should be spared. Another negro (Sandy) declared.1Mr. Smith to be innocent before he died. Jack cosnfessed that he knew nothing against ~Mr. Smith, except from hearsay. But the evidence which he hail originally given was uiaitetial to be dwelt upon for a moment.. -This mati concluded his statement in dlefence as follows:-.." I am saaatifed I haye had a fair trial. I have seen the anxietv with which every, member of this couirt-martial has attended to' the evidence, andI the patience with which they have lis- tened to my cross.examination of the witnesses. From the hour I was made prisoner by Capt. Ml'Turk up to thistime, I have received the mnost humane treattiient from all the whites, nor have I had ia single insulting expression -from a whiite tusan, either in prison or aniy where else. Before this court, I solemnly avow, that many of tIre lessons and discourzses taught, and the parts of Scripture selected for us in chiapel, teuiied to make us dissatisfied with our situation as slaves, anid, had there been no methodists on the east coast, there would have been no revolt, as You must have discovered by the evidence befibre you ; the deeDe'st concerned in the revolt were the negroes miost in Parsion S'mith's confidence : the lisalf sort of instTuction we received I now see was highly improper; it put those who couild read on exaruling the Bible, and selecting passages appli- cable to our situation as slaves; said the Promises held out therein were, as we imagined, fit to be applied to our %ituation, and served to make us dissatisfied and irritated against our owners, as we were not alwvays able to urakec out the real meaning of these passages; for this I refer to my brother-in-law Bristol, if I amn speaking: the tnsth or not. I would not have avowed this to Yon now, wecre I not sensible that I outght to make every atonev~ernt for miy past con. duict, and ptut you on your guard in 'future." The effect of prison discipline was really grown 3surprising! Here wvas a poor slave-a tregro-only kept in gaol a little and brought properly to trial; and the house found him cooly adonritn' the evidensce against himself, philosophising--drawing nice disti~ictiorss, almosmt poetical Ones, between a little learnling and an ample draught, thiough even a little, it appeared, under somne circumstances, imighit be iattended with effects most valuable anid sttrpassing. The 'enuine style of thlis nian', deposition could not fail to strike all wfo read or listened to it. The truths which it contained were as self-evident as tire trtuth of the statement that he had hsimself composed it, and no doubt all of them hzd been included in the hearsqay evidenice extracted from Mr. Austin in his cross-exa2mination. There was, however, a point of thie proceedinig, touchinig uponi the admnis-sion of hearsay evidence, at which the evesi of the couirt were opened to the irre- gularity of that practice, and when it reicolved that such im- propietycoul be olerte io oger. The honourable aRd leared gntlman enton t sh wlwhat he considered a vio- len deiaton ntrducd ntotheproeedngsdurncthe con- ductof te tial,wheeby he risoer as dpried sddely of all the eneit f hersa evdenc, te Curt otiyin tohila that no sch eidene culd n fuure e alowe to im. hiskindl of evidence had been adinitted all tlirdugh the case of the prosecutor, withut ay obectin frm th Cout. ut now the juidges thein- seles hoghtfi toinerpseit asnot the deed of the Judge- Advcat, rhoe usies itwa tomae good the charge. Violent, parial ujus, ad rue, u hd benhis conduct-towards the pri- sone-muc as ie hd exeede thelimits of. duty rsrbdt hlim by Iris offiee-grievously as he had throughout wrogdtepi soner, in the discharge,e was about to say-he oughrtlit r~ayi the breach-of tirat official duty, his conduct wvas not he worst; but Elhe worst conduct by far in all the patticulars before mientioned was Ithatt of the judges tbeiirselvesi- The next question w-hic-h followed upoin Ithe laYingtldwn of thiniew rule, whicli was not thought ot until the ex- aminationof the third or fourth witness for tIre defence,was a qutestton, not of hearsay evidence, but one which %vas legal and a4missible, ac- GUT,4ing to the strictest, rules of evidence-which went to the circum-. --vi.~es en argemi anti tricea oyrne cotnre. s ut thiey rejected thgquraiou uis one of hearsay, evidence, and had Ault- peedall miention. of it in the minutes contajiied its the report. (Hear, hecar.) Perhaps it was unnecessary for himn to say, conisider- ingthecontittin and temiper of the court, anid for any, thiing. that the hore cold fer this expect frem it, that hiaving laid down thjis rul, tus atein heProrceedings, they did not long persist its foli. losig it Itwas nlythe next day thiat the court itself founzd it necessary to depart frm it, and thoughit proper to peit thte following question,:-" Previous to your going to chiapel, were You told that there would be plenty of people there,t!sat day r" Hera wasa ques- tion of hearsay, and nothing else ; it was foflowed by, no comment. from the Prosecutor, nor by any observation fromi the prisoner ; it 9eemed to be a spontaneous query, Of the court, for which the imnme- thiate Plroeedings did not in anywise call. He passed. over other questions, whbich referred to the bibles, pay-er-books, and hooks of Pslalnms dispersed by Mlr. Smith among the _negroes, and cominented severelyUPOndthe Suppressibn and garbling ofthc evidenceein the mi- nlutes before the house, which he elucitdated by instances taken trom another.report of the proceedings, to wbhichhe occasionally referred. The judges Ihad directed theprisoner to strikeout of hils minutes all the passages whiclh reflected On the court itself, upon the prosecutor, upon the Government, and all other passages whicli they, deemned to have a dangerous tenidency in regard to the public peace. Among the charges brought against Mlr. Smith, was that of his having, con. terrY to the ploper duties of a Christian preacher, as the court aip- Peared to think, endeavoured to -prevail upon the negroes to fulfil the comnmand of God, and keep holy the Sabbiath.day. They lield, contrariwvise, that lie was using irreligiu apersuasions, and enticing them to the violation of the law of th`ueuland, by dissuiading thiemr from work on the seventh day. This, togetlier with seven:.eighths of' all that was charged against himn, related in a vague and very ill de- fined manner.to the Reneral tlemeanouir of the preacher in teaching the negroes Oqe charge relatedl to the text from which he pece on aL particular day; another to the character of the catr which he occasionally read to his congregation ; and i hsi was alleged against him that he chose them chiefly from the Old T'estament to the neglect of the New Testament,i to which ha ought to hive confined hlinself. This wast one of the oi'. fences which he was supposted to have committed in the course of his defence. Hehad occasion to recuirto various texts of Scripture. being led todo so, nout from pedanstry, asthe house would readily SUPPose.--not even from professional habits-not from any immedi- ate hope which he could have entertained of producing arty directly, goosh eff'ects upon the minds of those who wvere trying himn Hle was rebuked, however, and th2 Coutrt observed to him, that he must ab- Stain froni citing any more passages in the Bible because every member of the courwas prsue to know thie Bible thorouglily. (Laugliter.) He wished that tlhey had kllovn it. He wished, rallier than supposed, that they hud ever read it, and that its sacred pre- cepts had go far impresed their minds as to enable them to show it forth in threir lives and conversations., One charge, us he had satid beforse, .reieted to the text used by Air. Smith in the sermon preacbed the day before the revolt. Muchi had been said in bringing thsi charge, of thle ease with which he mighit have shunned offence b'y proceeding according to the demeanouir and dliscipline whlich the established church presented for its clergy- mhen ; aTrd xibt a little was-said of the daingers likely to arite fromt the irregularity &tsd enthuslastic wildness of the prisonrer, and of those vWho were engaged in similar pursuits, which wildness, irregu- larity, andaenthusiasm were dangerous in any well-ordered commu- nity, but were peculiarly ha7ardens in a state filled with slaves.' Thie text chiosen by Mr. Siumithi on this occasion appeared to the heated imaginations of his judges, as3 one which endangered the Peace Of' tlhe slave-communitv; and the house ought to knowv, not only what it was, but also -what was the Opinion of tIre Colonial Chaplain UPOn it. The text was to be found in the Gospel according to St. LuLke, chapiter 19, verse 41, 42 :--" Andl when he was corme near, he beheld the city, and wept over it : saying, if thiou liamlsr known, even thou, at least in this thy day, the thiings which belngri unto thy, peace; but now they are hid from thine (yes." The Rev. Afr. A istne being examined by the court uponi thiis subject, de- clared that he thought the verses one of the muost beautiful passae in thie whole Gospel, and expressed his regret that h~ hails never preanched from them. Such was the 'opiniion of the c-lonial chaplain-one who was of the regular established church, who was therefore not to be considered a minister of reli- gion inflamed with.a daring, enthusiastic, and perilous zeal, but pro. ceeded in his duties according to the formenslanes prescribed to him. The house would now turn its attention to those forms, and con- sider what was the duty which they imposed upon the Rev. lr. Austin, and which thiy wAould also have imposed on AIr. Smith hail he been a minister of the establishment- The dav on which lie preached from this objectionable texc was the 17th, when every clcrgyman of the establishment was bound by the ordinances of the Bishops, and by the lawt of the land, as declared in the Act of Uniformity, on pain of suffering by mulct and deprivation, to read certain passages frons the Old Testament, which, to a colony supposed to beheating into revolt, must have carried the danger al- most amouaing to certainty of firingthe slaves into instant andopen violence. 'T'he house w ould immediately see the dangerans aptitude of the passage, by only observing with what readiness ignoraint and enthiusisatic negroes would be likely to applv the idea of the three holy men mentioned in it, to the kind Mr. Austin, Mr. Wray, and Ur. Smith. lV_ile thelatter was p eacefully exhorting his sableati- dience to the observance of the mnilder virtues, by enlarging on the beautiful passage in St. Luke quoted above, the clergyman of the established, church wras compelled, by law, to read as one of the lessons for the day, part of she'- 14th chapter in Ezekiel, in wthich1 occurred the folowing remarkable expressions:_ `t13 'nhen the-land sinneth against me by transgressing grev- ousl , then will I'stretch out mine hand upon it, and will bTeak the htaflof the bread thereof, and vill send famine upon it, and will cut off man and beast from it. "16 Tlhoutgh these three'men were in it, as I live, saith the Lorl God. they shall deliver neitlier sons nor daughters.; they only shall bedelivered, but the land shall be desoLate. " 17 Or.it I bring a sword upon that land, and say, Sword, go- throutgh tIre land, so that I cut off man anw beast from it: "lIQ Though these thrge men were in it, 'as I l've, I aite the Isit4 God, thev shall -deltver neither sons nor daughters, buat thiy only ihal be aelivered theaniteves." Arid it-was upon gucht charge-s as these, so brought, so substasi. rties suppoted with no better evidence thani he hiad described, con. dtictea with that slight regard to judicial decorumn to which he had avre,with aU thosa violations of a prisoner's right, that Mr. mith had bee pt upon his trial for life-one of the graver charges, being thathehdnt proeeeiled according to the rules laid down for heestabihdclse,by whiich ho mnst hare read this almiost inflanismatory pAqsage nEzekiel,'but that he had choseni thiat mild, and, as Mlr. Austin caldit, beautiful textt fromn St. Luke, at the basis of his discourse He need not refer more to particulars to prove to the hoitse how~ just-ice had been admainistered, in -what manner the court Was constituted, hlow it badl exercised its functions, and to what end the proceedings hadl come. There were four charges raised again,st the prisoner, oneof which was divided into twro, SO that there were in fact five charges. The first laid that, " long before the time of a certain revolt and rebellion which broke out in this colonry, and on or aibout the 18th of August, now last past, he~, the Said Smnith, did promote, as far as in him lay, disconitent andI dLssatisfaction in the minds; of the negro slaves to wards their lawvful mYasters, managers, and overseers; lie, John Smith, thereby intend- ing to excite the said uegroes to break out in such open revolt and rebellion against the authority, of' their lawful mnasters, managers, and overseers, contrary to his tillegiaTnce, and against thke peace of our Sovereign Lard the King, his crown antd dignity." Thiat chiarge, he would say, the court hiad n- right to try, even if the), could hiave proved their righit to cry hiin for any thing which he liad done after the lgth of August. The ontly colour for thleir authority was the proclamation of martial law, which took place on tise middle of thie 19th. The first charge referred to a period antecedent to the 19th, wh'Ic perod,'as stated in the charge, ended before the day- on which martia l law' Was proclaimed. The gamie remark applied to three out of the five charges, upon each of whieh thte court con- victed thie prisoner..Suppose, then, for a moment, (that whicht at other titRes he mrust deny) that tkey hiAd a right to try by a court-martial a clergyman charged witlia penal offenee-suppose that, accorrdin;! toor- dinary cotzstructie,.n; the proclamation of the 19th had made Mlr. Smithi, as well as all other mien in the coloniy, soldiers,and as soldiers res.ponsible to martial law ; still- the proclamnation could hiave no re- trospective effect:- it might mnake.-Mr. Smith a Soldier after thle 19th; it could no-, have the effiect of constituting him a soldier on the l8th, nior oni the t7th; still less two years, ithe periodI to which the witnes Bond spoke; and less, again, thke periodl of' six years before spoken to hv a witness in other transactions and less than them all, coalt1 it hitve turned this reslponsibility back to the whole period of Mtr. Smithi's residence at Demerara, to which some t-arts of the evi- dence referred. And this objectiodi, as he had before remarked, was applicable to three charges out of the five. The second chag ran thius-that he, the said, SmiAth, "havinlg, about tLhe IRt of Au - gust last, advised, consulted, antl corresponded wvith a certain ne- gro, -named QuamTiina, touching and concerning a certain intended revolt and rebellion of thle ne-gro slaves within these colonies ; and further that lhe the said John Smith did aid ansI assist in such rebel- lion, by advising, consulting, and corresponindgi touchine the same, with thie said negro Quamina, to act, on the I9hci and 20th of Au- gust last past, he the said John Sm-ith thenx well knowing cSuch re-i volt and rebellion to be in progTess."1Tbis chre Ite,alegedta MIr. Smithbhad conversed with Quainina toeching arevolt. Touch-I ing arevolt! l What was the charge-of what did the guilt consist? Consult With QLasMina couchting a revolt! -low consult, and with whIat puarpose? It might be with theintention to dissuadehimi from it. 'I here was not supposition only- iln this, he had actually dlone ;eryTimee afte t~iine had he met an-d conversed with Quaniina ; and eve),titleof ieevidence which proved any thing, slhowtd that he had usedt his utmost endtavaurs to dis-uade him -in n intetio ofrev lt.1ook at what the public prosecutor bnin self said uipan this part of thie charge-" Even he coulid not undIer- take to prv ithe precise word-s which passed between thte prisoner anid the rebe,~l Quamnina-the friendly niature otf the interview is shown by the fact of Quarnins's coaming out of the prisoner's hou.se with a b6ttle of porter, wNhich leelhad niot when he went in. it wvas, miost probably, this bottle tied in a hiandkerchiief, and s,lang at the end of his stick, th:ett El'izabeth imeant when sihe said thiat lie hadd a bundle over hiq shoulder." Nows, instead of these surmi'ses, it was quite clear, that to bunt Mlr. Smnitlf on tri-al, three things Should biase been previougly pro;ved to the unquiestionable satisfac ion of hustiee. First, that Quanmina was a revolter, ot which there was absoiucely nio proof. Secondly, that3li. Smith knew himt to br a revolter, of whtichi there was, if possible, evein lestproof. Thirdly, that Mr. Smith,know- ing Quansinat to be a revolter,hsad done :sl in hiis power to aid anid eni- couirage the revolt, and liadl used iio endeavolur to frustrate it. The Judge Advocate hiiinself said, cha.'t lie could not speak to the precise words- of the conveisation. There was no0 proof; in short, to either of tsue three Points. Asi to chn6t part of thie charge which condemnied hinm for niot seizinig Quamiesta, the answer was, best conveyed in the wrordisof the poor nian himiself, in thiat part of hiis address w'hich referred to this particLular point zir whtich lie pcttst it to the Couirt, Whlether he was likcely to have butn successful in seizilng upon a strong rubus't Young muan, inflameid with dtie desire of liberty, as Quitnina miust have been, hiad he beeni preparing for rvolt. H1-e lMr. lirougi cam) contendledl, that there wvas no evidetnce pf Mr. Sutiich a knowing of' tnat revolt; but thiere was mianifest proof that lie took especial, zealous, aitidl watchiful c-.ire to tell all lie did knowv to the proper ahthorities-to the overseers of the estatis. This was to he gathered froni Mr. Stewart, otise of the chief witniesses for the prosectition. And Whto were the Proper aui- thorities tor Mr. 'Smith toi convey his iniformiation to, if' not to the managers and slave-miasters, against whiomi lie wwas charged withi conspiracy ? Suchi was thle course taken by thiti court, andtisuch wvas the use %;hichi thiey tnade of evidence. (Hf]ear, hecar.) Such were the chares and so loosely enttertained, not "or the sake of jutice,but to lputdlown msiissioniaritssand tot prevent their benighted slaves from participating in the knowledge of religiotn, and froac hearing the word of God preached to them ; to convey terror to the m-inds of all whio should attempt to enilteti then,, anid to prove to) those'teaeher;s sad usiissionaries, thatifie they woiuld persist in their sacred dutv, it miust be at the hiazard of their lives thiat they were to do So. VTpon these charges, the court convicted him, and sentencedbinm tobc hanged bythenteck tillilieshould be dead-andi fot thtIos6o'clock on Monday ,even- newswcoinig out from Eligland of alw hie I was to giv'le~ 1freedom: Repiorts had spreaid aniong theen to this effect, has'iag be-en brought by different individutals fromi various quarters ; one bad hieard it from another, who had- got it fronsi a servant of the Giovernor's, who hadl got it from anotlier servanit of the Governor's, who had heard the Governior ltiniself mention it at table. Another negrro had heard of it front the maid-servant of Captain il1'Turk ; a thiird lhad acquited his knowledge by a circuitous rouse i'rom the kept womnan (to use the languiage of the report) of Ione of the proper and lfawfl autbouities. It was to know if thlese hopes were likely so be realized that thie negroes were seets nioving hither'and thither wvith animatioti in their gesture and conversation ; a-Ad when Mr. Smiths conceived that their conversation indicated danger, he made all haste to convey what lie had observed to the proper authorities. Bitt suppose Itim guilty of knowing and concealing the revolt, misprision was not a capital of- tence-.a man seas not to be lianged for misprision. Take the case of one cried for high treason before the venerable judges of this land: the charge agains,thimnshould be,thiat helhad cnspired and plotted against tsite King's life, and against the authiority of his two estates in Parliamient, atid the proof only rose to misprision. Surely, the ut- most pnssible vengeanee of the lawv, accirding to the wildest dreams of the highest prerogative writer, would never amount to anvthit''ik~e thea aministration ofjnisiice%by this court. Yet, though thiy~ hli~sdetermined to put down all attempts to humianize and Christianize t lie slaves-ftbought they hiad resolved to miake upon thiis very occasion striking examples of their resentment, .they, trembled att the conclusion of their own act ;they fearedl to have ttle guilt ol' 3Mr. Smith's bleed upon their heads. Their coward consciences smote them -with the threat of divirne retribution. They had heard thiat " iwhoo siheddleth man's bloodi by mian shiall his blood be shed" For if they, had dared to put the finish to their deed-if they had dared to raise time murderous liandl against his life, of whomso- ever that Court nsiglit have been coimposed, and by Whatever power supported, nothing would have availedi theis for security-they miust inevitably, have died the deattt of blood. (Hear, bear.) Mon- strous as had been the prosec-ution-however illegal as it was in its inception-unjust and banefuil as had been thie proceedings-defective end grossly oppressive as it had beets on all the forams, the most remarkable circunmstance in tIme whole was, this secret consciousniess whichl prevented themn from executitig their own seiitence. If they knew tiat they were doing righit, why sihould the v consent at the end to the cominufatiotn of the senitence ? If there was really no doubt of the guilt of the prisoner, whiat should make themn delAy the executtion of it? W "hat compa. irison could there be between she crimes of the benighted Africa'ns, and one who had deliberately inflamed their mintds to rebellioni and Massacre ? Surely any one so convinced must have also felt con. sco t h.t not ai!ne all thie blood that was shed, bat all the blood that would have been shed but for the detection and discovery, m'ust have been on his head. 'hv, then, did theyvelect h:m ofall others, as an objeetthe tittest so -be recommended to mercy ? He had already offered-a wordi ois the fate of those who suffiered. How many fell after an impartial trial and full conviction of tlieiroffences, he wiould not hazard or conject ire ; andi if he did, the temper showin by the JUdges in., this 'one case would not allow him to fortm a very atgreeable one. ge wished that it might be found that justice had been administeredt uion a better scale' than he nosy anticipated. This one rengark he could not spare themn-that,makittg every allowance for thte irregularity and conifusion into Which the tetnpora-v paiiic was likely to precipitate them, and laying otl'aUl thatt colda be allowed for the necessity, of Pmrompt anid vrigoraus inea- stires, to put dowvn so dreadful an evil, aiid to quell at otice by a sutfficient number of striking examnples all attempts of further iiissnr- rtonisappeared to hiin that there had been ati unnece~ssars' excess iof seeity The lion, andI learned geltilenian went oni toshwfo the evdne epcially that of the Rev. Alr. Austin), thatth preaching of AIlr. Smith and the other amissionaries hadt contributed inaget esr tbo prevenit the negroes from ca usingalvsrfu Sion obln,terconversation beinig on one occ,asion, " Ve'il take no blood-we'illonly drive our masters to town to get a new law to tasks us free; but onr preachers cell us that we ought not to take life, because we cannot give it; and we are not to take away tfiat which we canniot give." Accordisgly, the honour- Iable and learned gentleman continuted to reason. this insurrection was remnarkable above all which had ever been lieard of withiti the IVest I Indian seas, for the moderation of the insurgents; considering, es- pecially, that they were inflamed with the desire antI expectation ot; as they conceived, promised liberty, svhich was further heated by delay. Upon the whole, therefore, he thought that there had been too great ail effrsion of negro blood, above 200 having suffered death. Few or none fell in the field, bitt 20 were instantly drawn out, and shot for example sake. How many had undergone sentence of court. martial he could not ascertain; up to a certain dayin September, his aCcoutnts gave 47, Three had beets condemned to 1 000 lasbes, and hard labour for the rest of their lives; 7 to a smailer number of lashes. In condemiting the degree of severity as ill judted,he spoke of it more in regard to the slave masters than the slaves. rhey had done every thingunderan obviousimpulse falarm,which if not counteract. ed by cooler heads and firmer hands, would still more compromise their safety; those excesses of punishmzent having a tenidency not only to'disgrace the whitemeti, but to put in peril the lives of the whites generally. But in what situationdid he behold these msisguided men warring against the missionaries as their chief enemies, and utterly unconscious of their real dangers? Ie drew a parallel be. tweeu the present caseand that of St. Domingo, where the planters had so far triumphed over the Jesuits as to have them tusned out of the island, and while they ese indulging in exultation at having done aw ay wic'k the previous order of things, at havinig succeeded in preven,ting twvo slaves from that which they called separating their interests from the land-a circumlocatery vietliod of describing the ceremony of marriage (laughter) -and of confining die tiseof religious ritgs to thatofhbeing baptized, which they were uvillingto allow two or three times to eatch slave, if he wishedl_upon the principle, as lie supposed, of the small-pox, that the &requent inoculationl might do good, anld could not dO harm; wbile, according to thle description of an able Ftrenclh writer otn colonial afFairs, they wvere incluIging in these exultations, the elements of revolt and murder were heaingto conflagration beneath their feet. The honourable and learned gen tleman read extgucts of a similar tendency from pamphlcts and cor- ed to their peace;"astprvwlihehdnltofroehp.' 3ceedings of theWest niSceyta soito be~a-0 usp out of the tool an uatalrflcnhman fleieh.-an samocia- tion which otfered. such monstrous and appalling objects 14 the consi.. ilerationof - Government, that it was as much as the pricitcflce of the~ wisest statesmeni, backed by the most'reaolutd aPPlicationl Of Powcr, couldi do, to put off the constantly provokedl catastrophe whlclt must soorer,or later be expected. Enough, surely enotfgh, and mnore thanwould satis,fy the mind the most chivalrously enamoured of neril, the dangers and difficulties which surroundedl them.-enoulgh tfiat a hansdful.of slakve-masterA and slave-agents were thore, in the midst. of crowvdsof discontented slaves,andclose to ablack repatblicofslaves even now sitting in triunmph upon theoyerthrowvandslaughterof ali. owners--enough that they were left to themselves in a manner, their- natural sources Of defence and refuge in sudden exigency eat ofr by te iterositon f te ocan.Butthere m6ust yet be. add. a to. thes alead ferfu ods, the an aboluelyunconquerable difi.. eulies No ony apoulaionof lavs,born to inappeasable hatred of teirmasers bu tha thy ad teirfellows throughouxt all th, varid shdes f hu beweenthe hiteandthesoo0t,est negro.-tley. were foittd leagaea against them in a boddrawvn by the hand of' nature, whichi comaposedl every tribe n nation, and every dis.. position to-be found amnong the swarthy hordes of the Equator, frorm thte peaccablcEboe to the fieryCoromantin.wvhile there wereembodi,d: against them and their interest-, All the sympathies of the Cleristianis in the oldi world, attd the hatred oDf all the Pagans in the new. Aknd Yet, as if all these were not enoughi in the ignoranre of any thing' which belonged to their peace, they. wottld add still moy~ combustion to thjese elements ; they would plunge the negroes into, madn.ess a*4 despair-they would add to the desire of animal- free- dom the.enthusiasm of religioue liberty; and they wvildly hoped to, be able with their feeble hands to b;ridle the excesses which their own measures would hay:- exasperated to the highest pitch ef destructive frenzr. And this was their reeiet.hls was their nostrumi foir saving the WUest Indiesi! Vep called, upon the Parliamsent to save the West Indies-sAo save the negeoes in the first place, who were inot only the most numerus, liut the: bcst entitled, bei-;g also our fellow-subjects, as vell as our fellow-creatures, and whio had a claim -upon our gratitude-that claimi at least whiich honourable minds would the most readily aidnitir. of having, btsrne with metekness and forbearance the ill-treatment of their oppreasors, When the means of dreadful tetaliation were within tlieirgrasp. Hecalled onParliament to interpose tosav.e the ma,sters of theslaves ,from idanger.e,andcalamitiesamon,gwhich theysldumbered. He begged thepardon of the house for having trespassed so long, but he submitted.that the question wa~sinteresting for itself, and stilI mor imortnt romthestae o soiey mixed as it was with blacks. and hits, herethi trnsacionhaitakeia pla-ce. It was the boundn dut of hat huse, hichitvoed to all the subjects of hi-s Majsty w~hnt istncionofcoluror condidion, to mark with its istnctdispprval he hol oftheproceedings oni this hatefial tria. Te linouableandleared enteman concludledl with -nov-~ ing, "1-Thiat an humble adesbe presnedtbis Al1ajesty, settingz forth ehhat the hoase havn tkn into thi ot serious considera- tion the proceedings whc ad taken place on the trial of MrT. John Simith, at Demerara, contemplated with the most serious alarm the violation of law and justice which had then been committed ; and they did earnestly pra, thths aet w be most graciously pleased to give orders for such an imparTialand humane administration of the law in tehatco'onyv as Would secure the: righit s not onlv of the negroes but of thec planters themselves." Mr. NVILUOT HORTON said he had to implore the patience. and attention of the house, placed as hb was in a situation which they mgtea,ilyvconceive must be very try)ing to him. Called as hewa& totitt unequal contest by, the duty of his situatioit, hie trListed he should therefore the mnore easily commandl their attention, and con- seqoientls- make thie less, claim upon their time. The honottr- able and learned genitleman had cotamenced hiis speech by satying that the interest with which this question was viewed in thAt liouse bore little proDortiots to that with which it was viewed out Of doors. Ile (Alir. liortoni) was not at alt surprised at that circum- stance. The hiouse would recollect that whien the hoin. member for Knalresboroughi had presenteda petition. on this aubject,he(Mr.Hlorton) liadtiin prtesed gainet thie ac.curacy of the statements in that ptto,an had also adoubted of the prudence of the petitioners ; and before lise sat down, hie trusted the house would concur with Ihini in whiat he had then said. Btittto itiat he wvouldt apply hiimself presently. Tite honourmble anda learned gentleman seemed to establish an initerest with a party inl this pioceeding-he alludedI to, the Methodists; but that interest certainly did not necussarilv exist for he (Mr. Hiortoni) insist contend, titat if M1r. Smith hadfolIowed thie instru,ctions of the society by which he wrss sent out, in- stend. of the hiouse beinig now emnployedi on this inquiry, thaLt indivi- dual would have been, alive, andl prolbably in a very different bitua- tion. Thte honourable and learnedl gentleman had descantcd for sousie titne o-.,, the dluty, of a mi'ssion1ry. Let ut see what tha.-t du-TV is. In this, case the indiidu al went to a state whiere stavery was establishedt by law, andl it was certainly his duty not to'contravene the law. It appeared to him (alr. Hor- ton) that the real soluttion of thec transaction was this--that MVr. Snsiith was nieitiser more nior less than an enthuisiast, le did not impute this to hitui in a crimirtaterv sense : he imputed nothing to him but ill-regulated enthusiasm, jill lie found hhus connected with transactions whichi, if ifot crinsiiial, were at leasqt highly impirudent. The lion, and learnedL genitlemian admiittedl thie reaRLiY Of the danger, and allowedl that all the circumst-ances were calculated to excite great alarm ; and from the correspondlence of the Governor, it appeared that lie viewed the <ubject in the mrost serious light. As to the qtteation of snartial law, he (Mr. Horton) would leve it to othiers miore comipetent than Iiimself ; but hie must observe titat, under all the cireunistance.s, it could not be woindered at that the Governor resorted to it. However, the couirt mattial wvas appointedl to try this indivictual ; and if evidence was admnitted which could not be called strictly' leg-al at coniison law, he was vet to learn that it was inad- mlissibile on anm inquiry of this nature.' But from svbat source had the lhoniourable anid learneil gentlemian traced it ? hby, *rOm a publication of the London Missionary Society. Mr. BROUJGHAM, across tsky table, stated, as wre undlerstood, 'i.Nh. dfo h ,,cical papers. Sthr. ?~WxLexl :~d,there were dilFerences in the accounts of the evidence, but hie did not impiite that to any other cauise but tltat possibly they bath been written fronTt memory. The hionour- able and learned gentleman ha-d rested on the pisblication to which he hind allu(ted, for the objection which he had takeni on the subject of the hearsav evidence, which was said to have beeni at first receiv- ed and afteriv'artls objectel to;, andl the lion. and leamed gentle- Mtanm had stated a circumrstance which did not take place ; for al- though the deposition of Paris was taken, lie was not called at the trial. He (A1r. Horton) looked upon it as impossible that any.such interposition took place as was stated at page 116. H-e canLd not believe, up to that time, that hear-say evidlence was admitted, and afterwards refussed. The honourable and learned gentleman had can- vassed the appointoient of the Chief Jutstice to sit on thie court-mar- tial ; but looking to the state of societv in Demerara. lie wouild ap- peal to thie house whether this appointmi-ent was niot more likely to give the proceedings of the court a bias% towards the course of the comnion law, wvhich was more strictandrmore favourable to the pri. soner, than the looser proceedings of the martial law ; and from the presence of this gentleman, he (M.Horton) believed it to be im- possible, and he called hspon the house to concur in that opinion with him, that any such monstrous interposition had taken place wYhich le hiadbefore alludedteo. The honourable andleanued gentleman had referred also to the appointmenit of the Presmdent in terms whicht he (M1r. Horton) was persuaded the house would not concur writh himn in; that gentleman had been Judge-Advocate in the P'eninsula, aisd had servedl with credit unider the illustriousi Geseral whio com- mianided in the camipaigns there. He would ask the house whether. he was not a proper roan to be put uipon this court-raartial ? He would ask the hoeuse whethier injustice had been deliberately intended, end wisetlier, in fact, injustice had been done. (Hear, hear.) Had tdie house a correct idea at present of the situation of Mr. Smith ? He thought thiev hadl not, but it was necessary for them to have that full ides, and niot ilecidethe case uipon the representation of the honourable and learned gentleman. The colony was in a state of immiinent danger, with a population Of 3,000 whites only,and 77,000 s4laves. They felt their lives at hazard, anud in suchb circumstances it wats impossible to suppose they would net have strong feelings. The court-martial, therefore, was likely to be more impartial, hav- ing no conneXLiI wvith the colony buit the accitdental One of being present there on duty. Wias it not probable that Lieut.-Colonel plrray took the appointment from humiane motives ? or could it. be supposed for a momnent that there was a deliberate intention of doing an injustice ? and he would beg to ask whether it -was not more like. ly that injustice would be done to the individual if he badl been rined before a civil court? No injustice lhad arisen front timne not'being given, thoughi tne honouirabl'e and learned gentlemran bad com-n pained othat:, whilst the blissionary Scey opando caysa. Both of these coild~ not be true. I n fact, there had been no unnecessary delay: the couirt-martial had been im- mediately summoned, and hiad continued their proceedings rglr from day to day till their final terminatiov. The hnaialea med gentleman tiomplained that the court-martial had applie the punishment of death to a crime to -which death did not apply1- but h (M1r. Hortoni) would ask the house, whether, in sen. toeicng him to theath, coupling witls that sentence a recommendatioui to mercy, tise court must not have been convinced- that they+ were only in reaUly2affiinDga sligh-tpunishment? The hon,andrearned gentleman conceived that this arose from f'ear. but'he (M1r. Horton) wouild rather say that they tliought the punishment of death did ap. ply-; and thoughi they, fotund the individual guilty, yet, -from the its. variable practice of attending to the recomnmendations, for mercy, they were assure:d the sentence would be mitigated. By the Dutchl laws (thie house would be a-ware) a usispirision of treaton wals punish- able withi death, though, as the Dutc%1 laws were suspenided - by the proclama-tion of martial law, the hosuse- would not conceive the idea that the sentence of death was without quilifies-. tiots. With ' respect to the legal corlstitution- of,- the* civil courts at Demerarai, had the individual been tried in tlera,-he would liave hadl for his judges eight planters. There was sl~,ttherefore, so great adiftrerene between atriulin those courtsarmdsclrt.martial4s between th.e latter and a trial at common law. But the hon. andl learn-ed gentleman had accused the Goernmeat of DemTerara of' keening up mnartial lawv for the purpo&6 of putting tIme individual,omi; Ihis iriaL utider it ; but the fact was not ao.- The 'hon. member here,11 referred to the correspondence-of the (Povernof with the-Home De.' partment, is proof of what hebad advanced. As t.o the inaurrece.- tion itself, the hon. and learned geitlernan hadlnot -denied thatthe;: leaders in it were the agdnts and assistants of Akt. SMsith in: his clerical duties. Wats not this a circunriattnce of strong; suspicioii? He did not mean to say that of itself it established'- criminalty; but it was one of manir evidences which- entered into thiis case,and whichi would enable the house to formn itsjudgment. -O the extent of the insurrectioni, he believed that 13,000 was the num. ber of slaves thlt had 'entered into the revolt: looking at that cir. ctmstance, and at the outrazes committed, the reality and extent of the danger were manifest. He had already said what he thought of Mr. Smith, and he thought that no person who correctly read -the papers, and traced the evidences with a desire to be-in possession of the motives which influenced his conduct, but would find it impos. sible to deny that he was an enthusiast. He did not mean, to say thas this was criminal; but to show that he was not- what the Alis. sionary Society seemed anxious to set him up for, as the patterr of a perfect missionary. He vas, as it appeared to him no, content to bring about human ends by human means, bpt is-be. lieved that certain events wete to be brought about by the special- intervemition of Heaven ; and from that idea he became dangerous If he had confined himself to the texts of,the New Testament which recommend fidelity and patience, in Iis exhortations to, thl slaves, he would in his (MIr. Horton's) opinion, have acled witl: more discretion than he did in his choice of texts. He must agali deprecate the idea of imputing this as criminal, but it tendedt -v show that Air. Stemith- was a titan lil;ely to raise feelings in th minds of the slaves which were extremely dangerous; He allude paTticularly to the evideisce of the two slaves, with respect to th children of Israel in Egypt being characterized as sla'eg. Tr. prove that this individual was an enthusiast, he must have recouTs to his jouroal, although the lion. and learned- gentleman depyt cated it as evidence; yet for this purpiose he (Mr. Horton) was just;- 'fied in using it, fie there saysx-' I felt my spirit move within i; said, othier gerntlemen were in 'tlh' houte, whfere are they? r said I did not knowr.. T'hey- thenir pwoceedled to exanmine all the truinksi In the room, and boxes, hadc to .take every thinig valuable. Ab-out this time I began to inquire for MVr. Walrand, w-hat they had tlone' with him. A Oman t-hen advancedi from the crowd, aid asked me if I knew him ? I said, I'No, I really-do not.' He said,"1 I kcnow you; you atre a very good ladyv; I know that you go to your sick houise, give thie peoplelplysic, and attend to them, and that Mr. WValrandi ii an excellent Master. AMy nasme Is Sandy, of iNon Parch, head-carpenter.' I WVell then, said 1, I Sandy, tell me what they have done with Mr. Wairad. H saul,' I He is not hurt, ma'am, he is only in the stocks.' Then I said, I I mast go there toe.' The tall man thten said, I'Oh, no! you must be icuarded in thehouse.' Whilst1Iwas begging to go, aman named Joseph, of Nabaclis, driver, camne up to me, and then 1 clung to him and insisted to go to MVr. 'Walrand: he likewise en. treated tor me, and spoke of mv chiaracter as a good mistress to them, and upbraided them with ttieir cruelty in having fired'at me. WVhile Joseph wag speakiRg, the tall man went to the wmndowvcalled front the window to the negroes, wvho wvere comraittiig' great eX- cesses, breakting opern the logle, and drink-ing the wine, I Makehaste away to tle post,vyou atelosing time.' Afterbhegave that order,he gave no renly totmy entreaties, but ran dQwn stairs to accompany them. All this tim-e I held Joseph by the arm,, whilst they were retreating down the side line, they having onlyleft a guatrd; Rod- ney, of Bachelor's Adventuire, was the one. I still persuiadied him to take mne to MVr. %Valrand hie raid it was nTiore -than his head was worth without leave from the guard; he theTn went awayandbrought In one of the guards; f quid I would run to himn at all events. The guar Rodney came into the house, and accomipanied me down StaIrs then gave me leave to go, and in my a down stair I saw 1Mr. Tacker's body ; they had ri~e i person of his watch, and every thing on him except his clothes and after recovering from the shock. of the first sight of it, I thougbt it might make some impression on, their minds to speak to them of the crime, and see whether religion had any government of' their motions. Rodney said, they' had not murdered him : he had cut his own throat : Joseph was still with me, said, Don't say, so, and stooped, untiedl his cravats, open ed his shirt collar, to show him ilis throat was not cut; and Raid, 'Don't you see that his throat is not cuet; he is shot in thie body.' I said, you w ill say then that I shiot myself ; here is blood on myv hanEds, and all over ne ; here is my gown all over with it. (T hey had previously told me their freedani had come out, anclthey had great friend's atho*ie.)" And here he would beg to say, that the circumastanice of the resolutions ot the House of Commnons in respect of the gradual abolition of' negro slaver-y not having -reached Demerara accompanied with any explanations or information, was noreason why this insur- rection should he excused or even flacilitate-I. And it it was the mere circumstance alone of those resolutions being kniown, to haye passed by the negroes who met at Bethel-chapel, how happened it that the rest of the 70.000 negroes in the colony, who must hiave bee aqaUyintresedin it, were not equally excitedbvr it ~?(Hear I set wvhat savages they were to fire on a uefenceless lady, who attend.' ecl thlem in sickness. I beggedl Joseph and all our negroes to testify if those who had been poorly had no. dlrank, the chocolate out of my own cup. Joseph said it was all truea and I ot one of our ne- groes would injuire me,lhe wa,ssure. Ro eyZsad, theeretwas no oc-1 casion to talk any mnore, and took me by the arm over to the sick- house, andi into the room where Mir. Forbes, who was badly wound- ed, wa.slying on the hard floor, and Mr.Walrand wal there.-neither was in thie stocks at that time. After speaking to Mlr. Walrand, I went to MVr. Porbes ; he was a Scotcbman, averseer of the estate; and lie gaid, whiat a scene is this for you, marisits ~ His blood had rovered the floor in great quantities. I asked hhin to have his I wounds dressed ; he replied to me, no, he would rather die, ' they have taken all mv clothes, and all the little money that I had been toiling for, and this is now no couintry for a poor man to get his liv- ing in.' fie asked me if there wfas no hope for relief. " If this act passes unpunished, what bave we so expect ? I lie here murdered by the haindts otf those wretches. Out' Prince gave me a blow in MY head,".-.where there was a cuit across hizs neck, which Mr. W.al- rand saw. He said,I I wish MTlilberforce was here in this rooiii just to look on me,-for we nsay' thank him and them for aM that has hap. peQed,-that the fame miglit he dealt to him by soine handU,!P" (A laugh, and loud cries of hesr.) He meant so excite no concZrent feeling by reading this passage:; but he did think, if the expressions should appear disrespectful to the hon. member for firamber, that some apology, iras to be miade for tke observations of a man whio founid himself in the last agonies of' expiring life. (Hear, hear.) By " Prince" one of the slaves upon the estate wvas meant. flis Ar Hortoni's) object in reading this part of the examination ofMs Walrand was to show what was the impression of persons who were on the spot, in respect of the feelings under which the negroes were acting. He contended that enthusiasm, unider the circumstances in which it had been manifested on this melancholy occasion, must be repressed; that thiey whose zeal attempted to outstrip the common coarse of humuan nature mus;t be restraitied in their dang~erouis ef- forts ; and that missionaries, who, like Mlr. Smith, taught that negro slavery adniitted of no amelioration, hut must he utterly got rid of, were to be chiecked. fie saw, moreover, that those great objects which the legis'lature had in view on the subject of the tiltiniate abo- lition of negro slavery-..views whichi required-much time anid inces-. sane care and attention. for their developnlent-must ~e frutrated, tinless they-could induce the masters oF'slaves to concur in such be- nevolent intentions ; and this, could not be done if such proceedings were to be continued. Now he would shy thiat if, becauise this court-mattial liad taken place uipon Mr. Smith the missionl- ary, all the otlier missionaries cenxceived themnselves to be attackedi, that was an error more to be deprecated than almost any other; for missionaries acting under the printed instructions wlicht they receiveA from the Alissionary Societv themnselves, would un- doub~tedly be an advantage to any colony'whatever. Better regula-i tions could not be devised . instructions more proper could not be I furnished. But Mr. Smith, who wasi held up by a party, mlost unl- fortunately, asi a mait of good intentions-.and that he might have had good intentions he (Mlr. Horton)would not undertake to deny was also held forth as a man who united to them prudence and dis- cretIon. If this lady's evidence was such as wao not to be rejected, the houise Emust think it indeed extraordinary that Mr. Smith ahould be proposed as a person of good conduct or of common rationality. seemed in te most excruciating agony, but pe*f'ectly in issenses. I entreated tie guard, in the nameTi of every principle of humanitv, just to let me tend to Golden Grove, the next estate, to Dr. Goldie. I tried to get them to look at thie dying, bleeding man, hioping the sight of his misery wouald move their compassion. Each pf the guards at diffierent times, Mlurphy, Rodney, and others, refused. Thie man died at half-past 12 thiat night. In thte course of the fore. noon of Tuesday, Mlurphy (the mnan since executed) came into the grallery of the sick.house, and was examining the house. Isaked what was the meaning of' all they had done, and what they wantedI? He said, their freedom: the K~ing had sent it out., and their owners wvould not give it. I asked, I Vhso toldI youi so ?' He stid Parson Smith preached it every Sunday. I gave him my word Most so. lermnly that I knew nothing of it-at least that our negroes hiail re- ceived nio suich freedom. They seemed to think I was deceiving them. I-e said,I Parson Smnith was put in the stocks also.' Tfhey said, ' The negroes no wanit to put him in, but Parson Smith said they rru-,tputhimi in, if theyputotherwhites in, for copy of countenance.' N'ow this'evidence was strong to show the horrors of such a situation as that in whichi the white people of the colony wefo iniVolved : for could it be doubted that a man who held in some degree thedestinies of that colony in his hands was.bound to exert to the utmost the means he l,ossessed for effrctinlg its preservation ? If Mlr. Smith, who might well be allowed to have stood in a difficult and delicate situation, had said las their minister andl confident, I anm unwilling to criminate these negroes -, but may I not inform some of the con- stituted authorities -that there is some misunderstanding among them-that they have hieard that some impo rtant goodI has come out for the negroes, buat they do not apprehend 'what is 'the nature of it? Iwould t ierefore warn youi to put yourselves on your guard ; call ouit Your police, and watch the Muovements of the black- population." If M r. Smith hiad reasoned andi acted thusi, he wouild have done hia duty. And he (Mr. Horton) must mnaintain that it did -not require one tithie of the ingenaity which Mlr. Smilth had shown Iiiniself to possess to haive done all this-to have ascertained some mode in whicKh e might have acquitted himnself to his own sense of friend- ship f'or the negroes, and ditty to his Government, While the house wvas called upon to deplore the fate of Mr. Smith himiself, let is not forget the horrors of those transactions it had heard deta'iled; an although the evidlence which had been just read might advert to the most'atrocious of them, yet it might serve to demonstrate that in cases of this nature, when once the principle of blood was let in, it was impossible to aay where its operation would stop. And to whom was it owinig, that in the present instance it hiad not go'ne further... that this, conspiracy had niot entirely succeeded ?-to those very mi. lf'tary officers who h~ad been so strongly condemrned by the hon. and learned gentleman-who had been represented as haviiig so decitled a f'eelinig in favour of the system of negro slavery; as if such men as Coloniel Goodman and Colonel Reed, Captain Murray, aqel. Colonel' NWray, could he actuated by motives of so unworthy a complexion. Upon thne whiole of this ease, he really thought the hiouse would pr ceive, that the conduct of Mr. Smithi throughout thiis matter had' been in the highest degree blameable, notwithstanding he had been held up As a paragon of mefitorions conduict, As tohis moral guilt or innocence in it,'that was a question niow between him and his Creator, ana .mightsretniain amnong men ini'olved in its presentstate of doubt to the end of the world. For hisi own part, he thought Mlr. Smith an ardent enthusiast, entertaining notions of the most extra. vagant niature, the influence of which had placed him in that atti. tude whichi saised most naturally the imOutation of guilt, however good might hiave been his intentions;, and therefore the Governmient of the coloniy was justified in bringing hiuh to justice; but as to the character of thie proceedings that were had upon his case, nobody would contend that the same niceties of evidence were to be expected in a court-Martial that were reasonably to be looked for on a trial at common law.. If, therefore, under all the circumstances of. this case, there appeared to be no reason for sus-. pecting any intended injustice towards Mr. SMith, the conduct of thosme who triedI himi ought not to be impeacheed upon the principlesq and in the way that it had been. (Hear, hear.) But it might nowv be proper again to allude to the petition whicht had been presented byv the hon. and learned gentletnau. It. stated expressly "1thlat th'e causes of these insurrections wvere in hio degree conniected writh the conduct of Ilir. Smith him%elf) or of the slaves under his immediate jurisdiction, but were the result of the oppositioln to the moral and rel 13igio s intution of the slafes on tshe part of his proseu,to-s -An ofteculyo h atrs pn ob r n. i-- -L- auegttonu, that he tdlr Horton) chafte'nged t-he -hon. and leaArne gentleman to show that the prindpal leaders in these mands- rections were men of this oppressed condition. They were slaves rho were high in the confidence of their masters. T yeslaves who were well fed and well paid; and, if lie might be aUowed the expression, in a state of comparative comfort and affluence. Neither the assertion that continued imxadients thrown in the way of their religious instruc- ion ha lhad a tendency to proeIuce these sad eftects, nor the assertion that this bloodless insurrection, as it was called, had been productive of no loas of property or life, was accurate. Tie petitioners set forth that particular circunmstances connect- a wt the present atate of Demerara had rendered the duties of a nnissionary therepeculiarlyarduous, and had surrounded. them with difficulties which were to be encountered in no other of the West India colonies. But this was nothing to the present purpose. In the first place, no missionary couldl go out to Demerara without natuvally expecting to incur some of these difficulties, and without being repared, very often indeed, to bear and forbear. Buit such difficutlies, or ill treatment even, could never be assigned by any missionary, surely, as reasons for his taking reprisals on the Govern- ment of the colony, by not revealing to them any overt acts that night warrant a suspicion of an existing intention on the part of a certairn portion of the population to revolt, It was urged, however, that Mr. Smiith had kno instructions ho-ir to act un- der circumstanco-s of such peculiar difriculty on he found himself -involved in ; but this he (.M-r. Horton) denied; no instructions could be clearer, or more ample, or of more general application than thjose wvhich' were provided by thie London lissionary- Socelty. It had been w iso insinuated that Mlr. Smithl after septence hadibeen kept most closely confned; but that complaint would Just as much ave applied to Lis casc, if his had been an imnprisonmentunder a civil process, instead of the 4enteace of a court m I til. 'Douebles it w'a.t not tbe intenlion-of -teh p asudewo~ utlsontit7, took place, to render' it in any respect ntinecessarily sever0.* Yf- the house thoughit that be M. Hlorton> was f6iul Somewhat hu-gely, into these pinL'ts, he entreated theini to xrecnhlect.that. very pssible circumnstaniceot' aggravation had beer intr64cdiitseedis-~tiei:cusion of thne ease in otter to excitethestto4ger feeling upon it -in the country. ffc was sa,tbmfied that itwas n,erf'ectlv impoaiqible, forexamnple, that siuch a Mari as the honourab e Pre4deii ofithisi couri;martjsl could ever have Said, as it was iimpu!ea to him that, he bad, dode (after' adrni'titng hearsay ev'idence for.theiziosecittion) ":Hearsay evitienc'e shall notnow befeceived ." tbaitfrdler beiiigliiaele, too, after tlhecom. mencenietnt of the defence fobh u~s f excluiding Mr. Sniith f'rom thie benefir of' simili einc. oudany hontmrabh! gentle. man, afteir reading the dcmrtiupndath of Mrsi. Walralid, agree with these -petitioer ehi h a~yifuence of Christian instruction had never ben moemre isthe mild and benigc- nant-spirit thau'iin.the case ofthese negroes of DemerTaa P(Hear, hea. The'Whole country had been thhano cruelty had been evncdoa their part. But he denie thsatgther; for Surely never had there been a case of insurrcin oedistinguished in somse of its ircidencs, than this was wth feturso toiy While, however, aggrayation of Some facts and misrpeeeeino others were thus promulgated,it was no wonder thatpeionunth subject should deluge the table of that house, andi ol en matter of surprise if they should continiue td do soi uiiti such time as the pablic reiight be satddledt how mitch the Statements were overcharged. The! petitions allegedl of the bolirt-martial. and the colonists, that "1 on Tir. Smith, as An unprotected victima, they chief- ly turned thte torrent of their wrath." But it had been shown that I not ont this accobunt, but because he had known of the existence of a ospiracy against thie Government withiout revealing it, had Air. Smith been, sentenced. The petitioners declared "that all the legal opinions a-nd authorities they had consuilted had tended to convince them of the moral and legal innocence of Mlr. Smith." Of the ffiral opinion that Mfr. Smith might have formaed of his own ac- counabiity thehouecold kownuhigbutthe~ results; and under whatimpessonshe hd atedin waysodetrimentalto the inteetss of hs cunty, ws nw aquesionbeteenhimn and another tribu- nal. t wa a ncessty aisin ourof te very constitution of humanI natre,tha me shuldbe udgd o byhuman laws froem their ac- tionsrathr thn thir itentons.Foe'thiese reasonis hie (Mir. lrton thuhth hdsown that the statements of' ite petition s slaeypreetdb h honourable aind learned gentleman were in.I accurte; tat tht hadbeen the parent of other petitions; andl tha whaee opinion the petitioners mighit really entertain Of r.S ithsinnoec,te uht at least to have had the coa.- rage to vnta i odc osse all the features and pre.A .sUMptions of guilt (Ha,h 0r) 1e(r. Horton) maintained that any man who hdbegulyomiPrision Of treasn was ini. I evitably in such a aiuton h io.ad learnedl gentlemnan badt said, that hadl the wishles of the whole colony called for mnartial law,t he wouTd not have objected to its-procUlhatiauon. He begged to as- c sur ehe hn. '-t lerne getlean hat the wishes of the whiole colny erepre.~ey s inlind. hiscase of 'Mr. Smithr, under the sspicin whch ha attched o hi, and the evidence that was f adduce againt him,was on that edurt justice to take it courfie; s and it as allwed to o so. nd it dd not ollow,that if the v Judge-Advocate had mistaken his duty whni uming up he f arguied (a was obiected by tht hanourbeadlandgentleman) v tgainist the prisoner, instead of ben temeeasessor of 'a the evidence on both sides-.itdi not follow that that il ciscumstance aff'ecteml the credit or weight of such evidence a rf the house looked at the whole of the matter', he thought gi they would find that substantial justice had b6iin done to M1r. Smithl- a that there had been no intention of doing him any thitig like injus. bi tica~; and under the circum seances of this colony--so crowded with a g slave Ppopulationi-with such resources ats she possessed---could it be it, doubted that the disturbances were of a character to demanid the c miost strict inquiry, antl the most prompt decisioni on the part of the 11 colonial Governmrent, and the most anxious investigation in' lri. Smith's cas, acting upon the evidence they were in possession of ? o (Hear.) For all these reasons, he could not express any hoot that I the honi. and learned gentleman, in submitting the motion he had c, brought before thie house, would preai apo the house to concur tl wvith himn; and whern they s1hold ahave hard the arguimenits of ni othiers oni that (the Mlinisterial) siide, m6re calculated by their elo. 0 uetnee to enforce the groundis he (Mlr. Horton) hag laid for opposing il that notion, he had no doubt they would refuse it the sanction of o their vote. (Hear, hear.) o Sir J. MACINTOSHI began by saying, that eveni if' he had not 0: been called oni b y the hon. gent. who had just spoken in so pointed a a, nanner, he should hiave felt an'ious to record his opinion ut on one Si if the most abominiable and disgraceful transactions that ha ever b lisgraced the history of thir. country. (Ilear.) He had anticipated di 'hat the hon. gent. wouldI not succeed in making out lils chages a nd St ie wras sorry to iniform him that lhe was now eonvinccd his antcpa.- ai ions were right. Thie first charge he had brought against the Ito- N, lon AMissionary Societv was, that they were not philosophers tr la laugh) ; anti he (Sir J~. MVacintosh) was not standing there to de. w -e.nd them as in that capacity. The hon. and leamed member, ti I ee e-a inaig some parts of the evidence, the despatches of cc lenera Murra, &c.,to support thie argument of Mlr. Brougham, w varuslyeulogied thecharacter ot Mfr. Austin, whose tei- el imony in fvour of rc Smith had been cited byr the London hi blissionay Society He then proceeded to odmmlent upon the ex- ol remelyincredble catacter of the evidence furnished by the negos ac Parisand Jckey specilly,and of the exaggerated colouring whuichs qi bliss lrand ad infse into her declaration ; and on the garbled w' mnd partial manner in which the etidence of the court-matrtial had al nadle its a ,pearance before the public. WVhat was he to think of vt )ersons, w to having acquired part (if that evidence before the con- sc ession of those negroeit, wished to gain 'With the public the whiole ef- pi beet of it, without exposing the abominations thlat lurked beneath pi ? conceaing, wiith the utmost care, the whole that waxt ptoved to w. ie false, and endeavouring to make the impression he spoke of by ul -eference to the testimonyLof other negroe, asif thiey had s ken the 'si ~ruth in other miatters. Th'le hon. gentleman said was it likely and w7 ie (Sir J. Alaciamoihl did- not believelt.was, that Mlr. Presidene*ryth would have allowed this? He had no wish to say a1 disrepcflPC vord of a entleman wom he had-not the honour1 ofevn ii tersoahly nowin. liebelieed hi to ed rotepcebemn te md hemighthavebeen n a mnoriy, eshuelirJe s Mcitoh)'o hat hnoonrhle gntlean's ntent&is n thiaase- It ToIlt cmerameoe~tCetonis." in Bu t as to th e res ult, thec eviden ce remained subj ect to tlise obj ections ata itehad taken. He quite agreed with the honourable gentleman(M%r. Ms Horton) that after reading these p-Apers every honourable member at 6vas bound, to lay his hand uplon hit heart3 anid declare his opinion of e3 Mr. Smith'sguilft or innocence. Now, he did lay his hand upon his tl 5wn heart, as amemnber of that house,s.anddeclAred, upon hig honour, cc rby any other form of adjuration. that might be deemed MOre iso. h lenin than another, and declared, that he believed Air. Smith to have te be-en a most innocenit and virtuous man (hear hear)' illegally ti tried, and treated in a mianner that would' have 'disgraced ti mycvilized government, in the case, even, of the worst cri. SC tMial (Hear. iut he rejoiced that the hon. gentleman had tc taen on. this ocason the mlanly course he liad adopted in giving to d the motiofl of his hon. and learnedI friend a dirqct negative. (Hear.) a This was no evasion ; no indirect stde.wind rmode of proceedng n moving of the previous question. Perhaps the latter conit udrri all the circunmstances, it would not hGwever have been posbe iot propose. It was. hese admnitted that a sentence was pase hth t ipied the penalty of execuition by men who had no right to pas a such a Senitence ; and who, it' it Ifad bten executed, would all of a them- have been involved in the guilt of' murder. It was impossible ti that an assembly, whlose highest privileges were of' a legislative c natureb and who, i'ollowing the wbolesme practicZ of their c forefaitters, instituted, at the commencemitnt of every, session, a I commnittee for couirts ofjustice,-it was impossible thitatuch an asActin. bly c-ould refuse to determine whethier -an innocent man had been I legally tried aiid condemned. The house was9 brought to a shiortr and convenilent issue upon this question. It was, whtther in this courtmartial there was a jurisdiction to try, whether the evidenee that was admqitted war legal and just; and lastly, whether int the evidence so adlmitted, suchb as it wasi there was aniy proof of t the gu'ilt of Snmith ? Now he conceived thiat If three was any dlefect of evidence, then Smith was unjustly, imprisoned, and the hiouse was bound to agree to the motion of th hon. and learnedl gentlemnanI (Mfr. Brougbamn.) The question after-. all was, not whether Mfr. bmith was an imprudent maLn or ani enthus'iast (a ternm of so vague ain import that lie must require of the honour-able uen- tleman oppoaite a definition of It before he could possibly proceed to argue upon it.) If by adi enthusia~st was meant I a man of high moral and religious feeling-fervent in the per- . formnance of his duties to O6ddind nian-AMr. Smith, he s3houlddhe disposed tothinsk,wes an enthusia-st. Hlereittwasirapossi- ble that he (S ir J. MNacintoshi) shoald not observe,, and the hon. gentleman would excuse, him for it, that he had really wasted muechI of the.tiane of the house in readling about nine or ten pages of evi- dence, whitch had really as little to do. with this case of Mlr. Smith, as if it was evidence oboist the Otinpowder-plot. To showv the kind tif evidence which was re-ceived oni the frlal of this nnfortitnate man, he need only mention, that an -altercationn which tool, place somie 4 or 5 years before, between Air. Smith and a Dr. aM'Turk, on the subject of the small.por, was inrom- dutced against hima on his trial. He asked, why was Such matter allowed ? Wh1y were transactions io 'remote allowed as evi- dence of' mnatters vwhich occurred; years after ? Would such evidence be receiVed in any dourt.of law ini England ? Would it ha toleratedlin any civllitiet qosiatry lii the! *qrld ? Who was this Dr 'Turk wo5 havilg aoquart&l with his neighijur on a 'A' li subject, comes with the Irdstory of that quarrel somec five yeais al?ter, and that too at a period wheni that neighboutr is, on trial for hin life ? (Hear hear.) l1ooking to t'ne chivalrous conduct of this doctor on thie triaf, he would only say, that if be were to adopt anicient superstitoous, lhe would not wish to Bait in the same vessel with him. Hi was irideed a iRt deicendaint of l5i ancestors, and after Suchl onduct he trus%ted' that, like theni, lie itouind be banished from alcvlzdscey Ha,ha. e the house next consider thearitefalwntepiaejonl of this mail4 ni 'ae receiveaseiecagiahnthtoualwihws aifrction atid wasnot alldived to lie insicedb.hiswie yths journal4 onsistingrather of Ihe Ats laitsd'the ,rtrt i Creator, than of apeals to a'ny cratdbi, this vtrei in evdencemigait him .An e-tracts frmiIoid u ne bu l the cotirt ammngt his judges. It vas even Made a subject of severe comment against the prisoner by the humane judgcadvoeade, that so besotved was he in his opinions goassid unjugst, so revolutionary in his notions, that he eXpressed a wish In that journal for the abolidon of savery itself. (Hear, hear.) This thoughtwas noted down in theprivate journal; it was marked as if ithad been confessed as a sin to his Creato-. It was made a part of the crime of which he was accused-that he abhorred slavery-a semitnent in which- every good man in society would join. In tbe jour- nal he stated, that the cracs of the whip made his heart melt. This wass the charge-against him-that he thought, and dared to write his thought-that slavery could not be mitigated, but must be abolished-or if not, that it must die a violent death. (Hear.) This, in other places, would not bethoughtan evidence of any revo- lutionary disposition. It was held by, men who could not be pus- pected of any feeling favourable to anarchy. The hon. gent. would not suspect that Dr. Jolnson was fond of rebellion-be was not a sectariall or tnethodist-but it was well known that when on a visit to v coDLege at Oxford, he gave as a toast, " Success to the first, revolt against slavery." It couid not be supposed that, by this wish, he was favourable to revolution, but that he was anxious for the abolitiob of slavery. It was something of a similar feeling whichi produced the very general interest which this subject had txcited in England. But what was it which waS the immediate cause of that excitement? It was produced by the public press, which had published extracts from the trial-not the trial as published by the Mlissionary Society (for that was out only within these few days, and was as yet in the hands of few)-but the trial published from the offidial com.unications of the Govemment of Denleiara It was even by this that the honest feelings of Enjlishnian had beren excited in such m manner as never was known beFore upon any subject not political. As to the opinion, that mar. | t't1,3,w ehoq li3e. pat ins. three rhcge .shte Soimon 1w court Were t C tiiie?.j riij,~ by h6arnnk one of Ate ne#roe-- praymoat dif- frectilonatelY that God would ovcri~~Ae the opposition which the plant. 'rs Make to religioni for his own glory;- in suclh an ttnaffettea sgtrain li~erenred~thispious complaint, and descended to so many- par. frmtaoveto the various art which are emploved to keeppe urmt5ilse of God, aned to pupiith them for thuir firmnegss in ye. ligin, that I couid not help thinking that the time is not far dis- tent wben the Lo-rd wvill make it manifest, by sone signal jailer mhert, that s? heath heard the cry of the oppressed." A ]it-le after'waris he save.-." I should think it may duty to state my opinlion r55ecting this (the treatment of the negroes) to som Of tLle ruleis of the colony, but am fearful, from the conduct Of the Fiscal in the late affair of the negroes beirg work. ed on1 a Sunday, that they would bo smore solicitous to silence mne by, r_quhing me to crimninate some individual, than to redress the wrong don1e to the %laves bv dillzently watching the cqoluct of the tlan- thmseles."Andl again, under date of the 2jist of Octo. ine the 2" Just returned fromn another fruitless journey. I ima. 9' teGovernor knoris not how to refuse me with any colour of 1 rt5 btst is determined to giveme as muich trouble as possible, In bulethat I shall be wearv of' applying,and so. let it drop; uthspuny oppl)sition shall not succeed that way nor in any other ultimately, if I can help it." Thus it wasl see" that Smaith was in direct opposition to the consatituted authoritfes (No, no) ; and at the end of the evidence he appears toD have changed his opinion-his entlhusiasm bad ripened and glowedi wiha more intense heat than before; for in 1822 he hail expressed all opinion that if -davett.were more enlightened, they would be more obedient; but in, 1823 he agrees in the opinion salil to tbe given by a right hon1. gentlemnan inthathouse,"Ithatthe risgours of negro slavery never, canl be mitigated-it Must be abolished." He (5Mr. Horton) did nlot vak of the opinion-.it might be right or wrrong; buc it "'as cetainly net a safe opinion to be uttered by a Missionary in strch a country. The proceedi-ngs of that house to ameliorate the con- dition of the slaveq depended much on the good disposition of the masterq, and such on opinion, so declared, would hardly be though,t of favourably bv themi. It seemed to have been Smith's opinion, that in the crisis which was approaching, and in which he was, involved, it wasq not his ditty to reveal a4eat he knew, but rather that he was called upon to commit a positive crime in the conceal. Meat. A fact wvhich satisfied bitti (M1r. Hortoni) of the ent husiasm of Srmith, wasq statea in the evidence of 51r. Read. Allutline' to the insurrection, he said, it was not the first which had beet); iltr Read replied, but this was of a different nature from all that had Preceded. HTe then remark~ed that much blood had been shed at diffierent pe- riods in r'eligious wars, or-on account of religion. He (Air. Hotn ied thisi to show the habits of his mind, and to show that he most Cbe cognizant of the conspiracy, withotit thinking it his dtitty to disclo-se it. With respect to the slat-es working of a Sunday, it was certainay the general1 opinion ofVthe people of England, tlhatsuch a Practice was very wrong; bjut a-, long a, Alr. Smith remnainedin the colony, it was a raost inconvenient doctrine to hold, that workinz on a Suiidav wais a crime. He now camne to a part of the subject whith he thnumght he couild '.stablinh on the mnost satisfactory evidence- namely, that or Air. Smith himself-that he was privy to the incur. recion, and did not communicate it, andl that it wouldI be for the house to decide on the consequences of such conduct. Quamine anzd other negres ca,me to II r. Smith, as appeared from the evidence, on The Sunday immediately preceding the insurrection; they stateA, that it was their intention to drive their managers to town; The honour. able a-nd learnedI gentleman admittedl that the words were used, but oneddthat they were equivalent onlvy to a striking of work. It was for the house to say whetneer theycould coincide ini that opinion of thoseD words. Was not he (Xr . Horton) justified in concluiding that the~Ythcn told him that such was their im patience to better their con- ditioni, that they must do-what ? Use force-? No; but the first act was to drive the ir managers to town ; not to shed blood;, but it was a resistance to authority which could not be entered! upon by slaves with safety to life and property. Ie page 297 of the evidence, the let-. ter to Jacky Reed is introduced; that letter was sent to Smith, and had been diestroyed; the fact of its Jestruction was not denied. The letter-"Dear Brother Jacky,-l hiope you are well, and I write to you concerning our agreement lasqt Sunday. I hope von wiUl do ar-cording to your promise ; this letter is w-ritten by Jack Gladstone, and the rest of the brotherst of Bethell Chapel, 'and all tsae rest of the brotbers are readly, and puit their trusitin You, and we hope that youi will be ready also ; we hope there will b~e no disap. Pointmer.t either onie way or the other; we shall begin to-niorrow' night at the Thomas about seven o'clock." His (M~r. Horton'a) ob- ject was not to shiow that Mr. Smith was guilty of misprision, but to) show the terins on which Mlr. Smith liv,ed with these individuals, who were afterwards leader- in that revolt which might have plunz- ed the colony in ruin. Another latter ran thus:-"g Dear Sir, excuse me the liberty I talke in writing to you, I hoethis letter may find yourself and Mirs. Smith well. JackGldtn has sent me a letter, which ap ra as if I had ma3de an agreemient upon some actions whc I ever, did, neither did I promise him any thing, andt I hope that y-ou will see to it, and inquire of Members, whatever it is they may have in view, which I am ignorant of, and to inquire after it, and to know what it is. The tim~e is determined on for 7 o'clock at night." In answer Smith isay, " Iam ignorant of the affair You allude to, and your note is too Ifate for me to make any inqutiry. 'I learnt yesterday that stome scheme was in agitation, but witlisoat asking questtons on the subject, I beggedl them to be quier, and I trust they will. Hasty, violent, or concerted measures, are q~uite contrary to the religion we psofess, and I hope You will have nothing to dlo with themn." (Hear.) Was herotinderastnd, then, that it was the duty of amissL-ionarywt ha-ve such information, and voluntarily to deprive himself of the do- cument, without informing the Proper authority of it ? If that were understood to be the case, it would do nsore injutry to the causeof the missmioaries, and to the cause of religion, than waa ever done be. fore. The letter proved that Smith knew of"1 hasty, violent, and Preconcerted measures," and was, in hismind, conclusive evidence, that he was acquainted with the intended movemnent towards insur- rection ; and not having communicated it, he had certainly placed himself in a tituation of great responsibility. It did appear to him (M1r. Hlorton) that he was guilty of a misprision of tree. SOn, whecther thie proper punishment for that crime were death, or anyvother punishment, the crime was certainly proved. It appeared t~ him (M1r. WIilmot Hortoni) thiat it was to be tinferred from the circumstance of Smnith's conference on the Mlonday with Quamdina, that os Wednesday he must 1- b.-. --r .,f,- conspiracy. Mrs. Smith, indleed, deposed that the only conversation that asse&l on the occasion an question, wras, on the part of Mr. Smith an observation, that he should be sorry to believe the fact; that he thought the people were mad, to think of revolt ; and that he hoped Qtuanina was not in it. Now really, it would not seem that MArg. Smith's recollection was quite accurate ; for, for Aily. Smnith to Make SUCh a remark on the conduct of Quamina end the others, in a conversation on Suniday or M1onday, after the conference on Wednesday, did appear a little extraordinary, and he (Mr, Her. ton) was bound to imagine that on Wednesiday Quamina had gone, having embarketl in this reolt, to Alr. Smith, as knowing, or feeling stron'gly at least, that he might speak unreservedly to him as a friend -and confidant. Now, after all this, was it to be believed thatin the con. viersation of Sundlay, Mr.Smaithicould by posibility suppose that Qua. mnine, the mos.t impoitant and active of the rebels, was innocent of this revolt ? (Hear.) But the house wotuld now allow him to call their attention to the evidence of lifts. Smith, and to see what impres- sion it made u-pon their minids, If, after readilig this evidence a-iy man could put his hand upon his heart and declare that he believed Mir. Smith (whbether intentionally or otherwise) hadaiot bee gilt of misprision of treason, anid of suppressing his know. ledgeof the proceedings of the negroes, then he (Mlr. Horton) 'would allow that the court-martial was not to be insitified. (Hear.) But if, on the other hanid, it -should be allowed (as he thought it must be) that Mr. Smith's conduct had placed him; in a situation and attitude in which he seemed to be clothed in the attributes of crime, it wias surely impossible to acquit or exonerate him on the score oferoodintention. (Hear.) If it should.appear thatthe was pea. sesdwith habits of indiscreet zeal, or wiish hasty and ill-reguilated ,opinions, it would surely be in vain to deny that to these habits and oninions he owed his own misfortunes, and that in this case, marked as it was by so many peculiar circumstances, his enthusiasm, to say the least, was in its worst and most dangerous operation. He (Mfr. Horton) could not but deplore that eatch fatal results should follow goad intentions, supposing Mlr. Smith to have posses-sed them. But the intentions of mnen could only, be juiged of hy their actions; said from his actions it bad been but too reagona6ly in. ferrd that Mr. Smith was cognizant of' the whole matter, and yet - withheld all comniunication to the Governor of his Isnowledge as to the existence of a conspiracy, which, had it taken effect, must have deatroved the property and existence of all the white population upon the colonv. If this conspiracyvcould have been in any way prevented by the influence or by the comnmunications of MVr. Smith, he himself became, of n-ty more"or less responsible forall the consxequences that mig htbhavefollow~ed,an~dthatactualiydid ensue. There was one p rt of the missionary petition which had been p-resented by the haon. and learned member for Winchelsea, to which hei Alt. Her. ton, wished to refer the house particularly. That was the pararaph of the petitioni which stated, "1 thaLtmany negroes hiad been shiot or-hanged. although little or no damsagob aueen (lone to private property." It also stated, "1that the life of no mats bad been vo-. luntarily- taken away by the negroes." Now, though the effect of the insurrection upon property might not bave been the general destruction of houses and property by fire and plunder, yet could it he denied tiet the character and.welfare of the colony must have suffered, if it were only from the circumstancee of the white pwople being obliged entirely to devote themselves for a considerable penod to military oecupations-..thereby, occaioning a serious loss to them, owing to their removal from teir accustomed avocations ? Then as to there having been no loss of lives-let the house turn to page 22 of the second numnber of the. Demerara Pa er and examine the declaratiose of Airs. Mtary WalreM" : "On this dlay, the Ist of September, 1823, personally oppenred 31rs. Mary 1,Valranct, wife of Francis Alexander Walrand, part -ownerof N4abaclis,on the eastocoast oftthe united colony of Demerara and Essequibo, wlio states, that at half past foiur o'cloc,k in the .morning of'the l9th of August, 1823, she heard the firing of guns, ,,-'~ persns breaking into the house; the Jalousies breaking open ." ~.~eegge paticuarlyto laimtheattention of hon. gentle1men'to ~ i pat o th esithnce beaus hethought its acacely possible for histry tsbowa cae moe ineresings its details then that which was eranarate, nr cndut i whch emae heroism waR more likly o callngeuniersl - tlin fiaomWalrand. --r.VXalranct then ran down stairs to defend the houses awid I ran to one of the ellamber.windows, threw it open, and beeeed them to -desist. I acked what was the matter; they said, 'bLega them y ,at the window :' some said, 'Fire at her;" they did fire, and -struck me in the arm. I retreated then a little from the window, and returned to it ngain, where I again beseeched them to he quiet ; when, holding up my hands in an attitude of supplication, they again fired, and wounded me in the hand. I then ran fror thevwin. dow to the stairs; as I got on the stairs, I met my servant boy Billy, (a servant of M fr. Walrand's, who came from Barbadoes); lie asked me where I was going ? I said, below; and he said, ' Oh ! my dear mistress, don't go;' and spoke with great terror, ' They have killed Mr. Facker wounded lr. Forlice severely, and my mIaster, I believe, is kilted: I saw him dragged on the gtound.' He then pulled nme into mny own room, an upper room, and locked the door as soon as I got in; and we hail scarcelv been in the room before the- rushed up stairs; he then opened a winidow, snd jumped -on the galerv, where they attempted to fire at him ; he called our cook, callA Lancaster, and said, 'Are you -going to fire at nie ? I know you.' A boy presented at me standing in the window,when Billy aid, 'Are you goiag to shoot rn mistres?'" HIe would here ask thos;e honourable gentlemen whose synmiathy was not entirely mortgaged to the eloquence and Pathos of the ho. nourable and learned gentleman, vwhether some degree of pity wras not duc to the' sufferings and the alarm of this lady? " l then per. ceived every tall man close under the window below,on the ground; hetold me1 putting his hand on his mouth, ' Hush!' they would not kill me. I begged him then to come up stairs, and protect me; he burst the door, a number rushed in, filled the room instantly the t3U1 m .n (believed to be Calib, as he confessed it to Mr. si'alrand und AIr. R. Reed) entered first, with a pistol presented at me; they all presented at me. I asked thiem .why they woultl kill me? what harm I had done them? They said, they did not intend to kill e, but I must show them all the powder and shot, where it vms, and where my husband was. I said that he had gone down stairs on eearing the noise, and I haid pever seen him since that dinie. They shut and the common law&iodld-not act, he would contend that no. thing coald be mare erroneous. It was -directly contrary to the opinion of Lord Coke and other cminent mrzen, who hlcd that mar- tial law could not generaUy act wbere the common larw was si- lent. He- would notfatigue the 'ouse by quoting precedents, but he could, were he so disposed quote the ooinions of eminenit men.. frouh Richard II. downwar4s, to show 'cbat this was the principe held with respect to tnartial law. It had been seen that gieneral P.Murray declared, that he ordered the trial by martial law, only with the view of giving Smith a fair trial: but he would maintain, that, according to all the received maxims of the English Government, and even according to the precedents known in theDatch Govemment, that thecourt-mnartial was illegal from it. coMmencement-all its subsequent acts were illegal and if the ac- cused had been put to death by the sentence of such a court, every mne of its members might be made responsible with their lives fior the act. lie would not expose himself to the laughter sf hon. memb:rs on the other side. by quoting the opinions of Dutch jurLsts on thi s ubject, but he would say, that, by the last institu- Lions of the Dutch oovernmcnt, in 1792, it was enacted, tIilt mili- Lary crimes could be tried only by a council of war, making it, herefore, bv clear implication, illegal to try other cases by such a ,ouncil. IVithout going further on tlus pomnt, he would now come a another. The question here was not whether Smith wasnotsuffi- iently possessed of .-atsldermanlike virtue-discretion-that virtue rrhich abounded amongst those who were wise in their generation tnd prosperous in life. It was not the particular virtue of mis. lonarles, or martyrs or confessors- but without inquiring how h,r Mr. Smith abounded in that virtue, or without going into those ircumsaitaces of the year 1822 whicls were not in evidence, he sime to the inquiry whether he was guilty of a misprision of trea- on. He Would, in the first place. lay it down as a position hichh vould not be denied by any man of educationy, that no misprisisn of reason could exist whereno overt act of treason had been committed. rhis would not be denied, but thlen it was not proved that iUr. ;mirh had concealed a knowledge of any such overt act. Accord- ng to the evidence of -some of the witncesae, it was stated that lIfr. Smnith must have known that some disturbance was to be xpected$ afttr it was understoad that Lord iathurst's letter had rrived and was not published. It was clear from the evidence If Jack, that greai iirtation existed in consequence of the in- trUctions which had come from Earope not havinig been published. V hat vas the conduct of Alr. Smith when he canieto the Knowledge f this fact ? le would as- any ian. who tthad read er heard of the videuce of MIr. Stuart, whether Mgr. 'Smith's coriduct on that occa. ion could bc constued into a misprision of treason? He disclosed 11 that lid comne to his knowledge of the existing irritation to .Ur. ttuar, 'who was a member of the Coart of Policy. What more could e expected of him? Did not this show his intention to be hostile D any viol at proceeding, and that he had no interest in any far- hter concealmentt? From the evidence of Jack, respectin' the onversations of Alr. Hamilton's mistress, Sisanna, who it appeared ras Jack's wife, (he, Sir J. Macintosh. did not wish to say any ing of Jack's family misfortunes, as he had no vish to hurt his selings-but be this as it m.ight,) it appeared that she had, notwith~ Landing her connexion with M5r. Hamilton; frequent corresponden.ce.I iths Jack-whether this, from the remembrance of former love, or, *om connubial duty, or fram friendship, he would not say, but it 'as sworn that she informed Jack thatAhr. Hamilton was favour- ble to the revolt-that he had, expressed himself certain, that they (the blacks) had sensible men amongst them, and could rive off' the whites, thidy mus! succeed; but he (Hamilton) ished them to delav a little until he had got in his colFee crop, ad was off'; that he pointed out the way In which tfie5 uiggt reak down the bridges, to obstruct the progress of the military- 'hy then was not Mlr. Hamilton prosecuted, for if this account ere true, he was more guiltv than Smith ? But he onlv mentioned ;s circumstance to show the anxiety which existed to get a know- lge of the contents of the paper which came out from Europe. It as stated that Jack used his influence with his wife to take ai Pportuniry of the" mollia tcmporafandi" with her friend (Mr. lamilton) in order to induce him to inform her as to the Intents of this paper. These facts showed the irritation which ie non-publication of this paper had excited. This was known MIr. Smith, and by him communicated to- some mermbers tie Court of Policy: and so anxious was he to allav the irritation i thisrespect,that he offered his services,and expresseda hpetliat he id allay that irritation, if he wvere allowed to state the contents 'the paper to the pe-ople. Where, lie would ask, was the misprision treason in this transaction ? H{e wvould now come to the trans. tions of The 17th of August s and what had been proved on that iect ? Why, there were the confessions of tfwo negroes surrounded r the skeletons of their brethren hanging in chains; in the lily habit of listening to the lashes inlicted (in some in- nnces) to the number of 1,0G0 on some of them, or witusessing ie sufferings of others condemned to hard labour for life. Ihat reliance,he would ask,coula be placed on the evidence of such en, aftected as their minds must have been by the fears hich such scenes were calculated to excite? And more par- .ularly he would ask, what reliance could be placed on their rnstraction oa worda delivered in a language of the niceties of .ch they wvere ignorant, and where the slightest shatle of differ- =ce in the wrds might alter the meaaing of the whole ? No judge, . would venture to assert, who knew and practised the law as it ight to be understood, would have convicted any man upon the rnstruction of words by two persons who were but imperfectly ac- tainted with the language in which those words were uttered. But hat did thesetao witnesses stateofthis conversation-thatSinith had first attempted to dissuade his hearers from engaging in any re- lt. and then pointed out, that if they made such an attempt, the Idiers would putthem down-that if they (the negroes) drove the anters to town, the soldiers would drive them (tlienegroes)back,and it themi down. What other arguments could he have used ? It is clear, that his dissuasions had had for a long time an effect on Quamira, and, knowing this, was it not natural that he ould point out in the strongest light the dangers to which they uld be expoged by any revolt? The lin, and learned gentleman en went on to contend, that nothing could be a more unnatural rversion of the meaning of another tlan th2t by which the judge vocate had described Mlr. Smith's textabout the destruction of the npteofJermsalem, which was assumed as a proot ot his disposition I rebellion. He would now come to the treatment which Mr. appeared5lMt' w _Aq&e% to show the feling I liaposition, the sentinels had orders to come evcry two lEoiuis d aqk himn if he were awake. Mrs. Smith (tlan whom a re excellent wvoman, or more fit companion to join in the luous laboura in which her husband was engaged, did not ist) had told him (Sir J. Blacintosh) that on so0C occasions sentinels would, by compassion for his situation, come and be ritent with looking at her husband without caUing and disturbing itt. He was thus confined in a clo3e and dismal prison, at a lime )when the thermometer stood at 83 in the shade. (Hear.) From e statement of Mrs. Smith it appeared, that for a considerable ne after her husband's imprisonment, he had not one except her- lf to come near him-no nmedical man-no legal adviser-not one ofrer comfort or consolation to a man on his death-bed in a Lngeon, and the first p on who did come ap roached with denanciation ofguilt and a threat of death. Was ttris, he P.3uld k, proper treatment for a man so situate ? It was also to be marked, that Mrs. Smith was allowed to visit her husband only r one hour in each day, and this restriction continued until after e sailing of the packet for England. It was then taken off, kd shewasallowe . to visithim as often as she pleased. Could this iangement, he asked, be accidental? or was it not rather as if in- nded to Testrict the facility of immediate communication with this buntrv W\hen, at last, the unfortunate man sunk under the effects disease, increased,ifnotproduced,by tbesufferings heh ad endared, is afflicted widow, with a natural feeling, which would be revered ien in savage life, asked to be allowed to attend the remains of her asband to the grave. Tbis was retused. The poor woman sub- iitted to- this addlitional lnfiictioR with silent resignation, but In. Elliolt, a friend who attended her on the sad occasion, lld who not being so overpowered with her own griefs as t Ibe insensible to such matters, asked whether it was Possible lat General Nurray could refuse a poor widow the umble bquest of attending the body of her husband to the grave ? 'he answer which she received from the officer was, that the gene- xi's orders were positive. The body was carried out by two negroes, nd followed only by a negro boy. This bappened at 2 o'dock, nd at 4 the desolate widow and her friend did visit the grave of Ir. Smith, and enjoyed, in defiance of the orders of the Oovernor f Demerara, that sad consolation from which they had been rohibited. A4n incident afterwards occurred which he felt It ecessary to mention here. Two miulattoes of Mr. Smith's nigregation, one of whiom was a bricklayer and the other a car- enter, were desirous to pay tO theirdeceased pastor a mark of their ratitude. lsV protecting his graYe fronm the accidents to which it was vided and to denounce those parsons as little better tase imrderers For tle consequence of bis hon. friend's argament was nothing less than this, that if thiey hid been permitted, or if they had had cou- rage enoogh, they would have executed the sentence which they' had pronounced, and wrould sus havecommitted n. xurder for wxich thbymight have been justly punis'hed. He wast free to corifess that when he 7ras ca'led upon to jon in a vote which. wies calculated to afect so deeply mndividuals not before the house, he was not disosed to listen to declamation however fascinatdng, norto surrender up his judgment to a display of forensic skll however admirable. Eiefelt ratnerobliged to look scrupulouslyat the facts of the case and lay aside a7 those considerations which might be properlr enough urged to inflame the minds of a jury, but to which judges. could not safely listen. In the frst place,he found it necessary to say a word with respect to agentleman Whose name had been frequently mentioned in the course of the present debate-he meant the Chief Judge of Demerara, Mr. Wray, whomn be had the honour of call- ing is friend. That gentleman was a Fellow of Tribity College. CaNbridge, and in saying this he lhid a right to use it as a proo that he was not only a gentleinmn of refined education, but of libe- ral and honourable feeling. He (Mr. Searlett) was convinced that Mr. *iray was as little likely to yield to any persuasions which his own conscience did not sanction as any horn. gentleman who now heard him. If his hon. and learned friend hadknown that gentle. man as well as he (lUr. Soarlett) knew him, ke would rejoice that Mr. Wray was one of the persons by whomn lr. Smith wat tried, because he would see in that circumstance the best gua. rantee for the justice of the tribuna. There were, he was ready to admit, many parts of the proceeding that As could not approve of,but toadmit this was very different from Passing a ,general vote of osodemnation on the co-trtmartial. Withoist entel. ng into any lengtheneddiscussion at this late hour, he wouJ5XaV.* that he had felt that a conrt martial was not a onDpetent tribunal tv try an hffence vhich had bern comnitted befare the court was a]l.' pointed. (Clear.) Alr. Sith's ofence was charged to be mispti. 8ion of treason; the court-martial could only try ofifnces committed during its existence, and the crime of Alr. Smith was aLeged to have been committed previously.Sofortheproceedings of the court could not be strictly defended.His hon. and learned friend bad said,tbatlMr. Smith could not be fairly tried by Alr. Wray, because foraay wrong thalt nigirt be dor. e h,im abv that gentlemati he could have no redress in the isiand, he being the first legal officer there. But he could have procured redress in England: this assertion, therefore, bore little if at all upon the case. If however, the house cotd forget (he knew it would be difficult to do so) the eloquent and vehemnent ad- dress of his hon. and learned friend, it appeared to him there. Was t short issue by which the question might be satisfactorily tried, and to this he now proceeded to address himself. In the 15th paze of' the Report,whichhad been alluded tobv his hon. andlearned f&icnd,s the evidence of Bristol 'vas said to beofilyhearsay asto tbeinsisrec- tion. 1.11r. Brougham laughed, and said it was hearsay onlv as applied to AIr. Smith.1 M1r. SCAULETT continued.-His honourable friend understood logic too well to suppose that tO nIeeIt an adverse argurritnt with a laugh was a satisfactory way of dealing with it. Before he (Mr. Scarlett) proceeded far'her, however, he would examine a little the definition which had Sees given of Alr. Smith's allegesl offence. He agreed with his honour- able and learned friend (Sir J. Macintosh) that there could not be misprision of treason until some overt act of treason had been coIn? mitted; *because, as the overt nct was actually the treason, this de- finition did not go very far. If a man knew of another's intention to commit an overtact, which never was committed, anddlitdnot disclose it, this was notamisyrision oftrewson; but if a mtn knewt wnightot' another's intention to conimit an overt act to-morrow, and that act being committed on the morrow, theperson privy to the intention diu not then disclose his previous knowledgeof it, ke wasguiltry of misi. grision of treason. The law being thus clearly ascertained, let the oase consider how the facts discloted in evhi.ence applied to it. Ir bad been said very justly, th,at the evidcnce of the slaves, actuate,l as thev were by the hope of saving thXeir own lives, was open to much suspicion; but if he should show the house that he had found (wvhat he wvas nor very weI pleased to iind) thtat their evidence had receiv- ed the mogstsubstantial corroboration, be tlosglit this vouldebange the Opinion which hisl hon. friend's address might haveinduced them to form to the prejudice of thecourt-martial From the evidence of Bristol it appeared, that oni the 17th of August AIr. Smith had a comntu,ication with Quamin2. in wthich the latter acquainted hbi with a concerted treason, when Als; Smith told him that the sol- diers wou'd drive them back. This vwas admitted by Ilr. Smith in igs defence whlich he conducted with gwreat ,ability. He did not be- lievethat lIr. Smith thought, in doing what he 1Jd,thbathe comuitted the of Xence to which his conduct reaUv amount,d. In this liglht he was certainly not guilty, for non rens, 7igi ssNns sit rca. He CMIr. Scarlett) felt the deepest concern tor the unfortt%natc gentle. mnan's fat, and was no less ready to bear testimony to hin, tempcr, his talents, and hit learning. But he was compelled also to ob- serve tO the house, that M>tr. Smith did not discose what lie knew of Quanina's intention to Mfr. Steuart and &1r- Cort in his conversation with thetn, after the insurrection haci broken out. This circumstance brought him, by his own ad- mission, under the Charge of misprision of treason; and although it was, perhaps, unwittingly that he had incurred that charge, he (Mr. carlett) would undertake to say that there could not be lbund 12 gentlenmen wlo, on their oaths,ceuld retuseto believe the evidence of the two negroes, corroborated as it was by Mr. Smith's own defence. It was impossible, therefore, to say that the court-martial had com- mitted a great atrocity in passing the sentesce they had pronostnced upon that gentleman. He had said before, that there was much in the procecding of which he disapproved; but he thought, also, there was not enough in the case laid before Lthe House af Cornmons to induce it io try absent persons upon docuroents sot taken by the authority of the judges, nor in anyWay .veri. lied or sanetoned by them. In asking the house to do thisf his hon. 'riend asked mrore than he thought it would be disposed to grant. He ought rather to have first proposed an inquiry into the fact wihk- ther that document was a deception or not, and then have calrod for :he censure of the house, it it should appear to be necessarv. (Hear.> He I(r. Scarlett) did not approve of the sentence. It w -as not ana- logous to the law of England, and could not, therefore, be iustified, anless it could be shown to be according to the regulations of the Dutch law prevalent in Demerara, with which he was unacquainted. MIr. Smith's previous conduct had nothing to do with the offence illeged against hini, andcould in nowaybematerial, except to prove ebnrtn---i.A ert Innotions favourable to the emimdpation of lie would,as a paint of uessacy;nu-e--..--. _ a~. to have been received. Let no man, therefore, SOt}tar ms iae - him as to say that he approved of the sentence. (Hear.) The house could not have failed to learn from his hon. and learned friend's (Sir J. MUacintosh's) statement, the inftamed state of the planters' mind in Demerara. When objections were made to theb nature of the tribunal by which Alr. Smith was tried, this factishould be particularly recollected. All the members of the court, martial, with the exception of MIr. lVray, were military men, and not resident on the island. It was admitted that the accused could not have had au impartial trial by the plant- ers whose anger against bim had pursued his remains even after they had been received by the grave, and at a time when the danger and alarm were in full operation on them. The hon. member concluded by saying, that, if his lion. and learned friend's imsotion had been of a Rmore temperate nature, he wouldl cheerfuUv have voted in favour of it; but as it stood-merely whether an ad- dress should be carried up or not-he was obliged to give a negative, although he wished that even now some intermediate course could be resolved upon which would save him from that painful necessity. (Cheer.s.) The cries of " Adjourn," mingled with those of " Go on," were heara from every part of the house, at the conclusion of the hon. atid learned gentleman's speech. Dr. ILUSRINGTON preseated himself, and was called on by the Speaker, but the noise prevented him from being heard. At length he sat down, when Mr. CANNING rose and said a few words, the efect of which we were unable to cateb. The cries were still continued. Dr. LUSHINGTON again rose, and after standing a consiaer- able time endeavouring in vain to address the house, we understood him to say that although he wished to make some observations ort the motion, yet as many members were also desirous to speak, and as at that hour it would be impossible for them to do so, he was will- ing to obey the sense of the house. The cries were here renewed and interrupted the bonourable member's further speech. AMr. CANNING then moved the adjournment of the debate un- til to-morrow (this day) which was carried unanimously. The other orders of the day being disposed of, the house adjourned at TWO O'CLOCK. (Fer the renainder of tle Ncecs see next page.) ikely to be exposea, anti tnat - Even these bones from intsult to protect, Some frail memorial erected nigh, With uncouth rhymes and shapeless sculpture deck'd, Alight claim the passing tribute of a sigh. cuit even tbis pions purpose was defeated, for Hlis Honour, the Go. 7ernment of Demerara, directed that the bricks which had been ,laced over the nissionary's graveshouldbe torn up,and that therail vhich enclosed it should be broken down, leaving the temains to be levoured by wild beasts. Scrvetur ad i-rnr.rt qualls ab incepta pro- ,essit. (Loudcheering.) Shortly after this, a general meeting was aeld, at which nine persons were present whose niames had the prefix If" honourable," and who he therefore supposed were members of the Codart of Jnstice in the colony. At this meeting certain resolations *ere passe'd. He would not notice those which characterized the persons in England who were orott zealous in the nioble endeavour to ameliorate itif condition of the slavcs as incendiaries and mur. Ierers, at whose head thei placed his venerable friend (Dir. WVilber. =tree); all he should say of such resolations would be, that he was content for himself to be incrhided in any description of persons at whose head that venerable chamipion of humanity was to be foand. The meeting, however, went further, and published a declaration of independence, by which they asserted that the Court of Policy was ie proper legislatve tribunal of Dentmerara, and de. nied the authority of thie Parliament of England to make laws by which they should be governerd. They founded this right upon an article in acapitouation signed by eertain British officers during the last war. He did not intend to pause upon this, because it was done in such utter irnorance of the tenour and eflect ofthat caF,itula- tion that it hbrdly Weserved to be mentioned exceoting for this pur- pose-tbat done, as it was, 18 days after the death of Mnlr. Smith, it showed the temper of the colony, and would explain a perverseness and vindictiveness which might otherwise seenm incredible. " Nature explained, no prodigy remains." The samde assembly at the same time, I8 days after their consigning Mr. Smith to a dungeon had accelerated if it dlid not cause his death assed a censure, in which they coupled two names WhgDadned e before been joined-the London Mission. ary Society and Lord IBathurst. They denounced as unjust their interference fn the course of justice and complamed of the attempt wvhich had been made to rescue Mir. Smith from their power, as if that unhappy man's death had not satiated their vengeance. They were not content that he had died in a dung eon: they wouldhave had him yield up his life on a gallows.(U ear.V Th'ey were not satisfied with his life, unless they had also the gratirc-atien of fixing a legal brand on his memory, and stigmatizing him beyond the grave. 'they wished that his skeleton should whiten in the air, and show like a beacon on the coast of Demerara, to deter every courageous preacher of the gospel f'rom attemeting in future to enlgahten the ignorance of the slaves. (Loud and continued cheer- ing.) Iulmediatdlv after the conclusion of the hon. gentleman's specch, cries of " adjourn" were raised from every part of the house, in the midst of which- DIr, SCARLUTT arose. As, soon as the noise had in some mea- sure subsided, we understood him to say, that he w-.s very anxious to offer to the house in the -present stage of the debate the reasons which lprevented him from giving his vote in favour of the motion. After following his hon. and learned friend (Mr. Brouglham) through ene of the most ingenious speeches he had ever heard,he was obliged toexressgreat doubts whether he coald concar in areso. ludon, the objec,of which was to condemn many persons who had no opportnityof ofi'ering, either in person or by advocates compe- tently instructed, the defese with which thiey might be pro. _ HOUSE OF COMMOINS. TUERTxa. .T 1- l