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where he carried on the trade of a butcher, had occasion to rebuke his boy Ned, for something that did not please him about the boy's dress, and also for being dirty. Out of the conversation which ensued at that time between the butcher and his boy, the whole proceedings had arisen; and op no other evidence than that conversation, eight individuals had, within four days, namely, on the 20th of December, been condemned to be hanged; and the sentence within four days more, namely, on the 24th of December, had been carried into execution. The conversation between Roberts and the boy was this: the master asked him, in an angry tone, Why he did not get his crops taken off, in order that he might be in a proper state to follow him at Christmas?" The boy answered, "Ah! Massa, you will have bad Christmas." Mr. Roberts then said, "For what? are the negroes going to rise?" The boy replied, "Yes, his father had told him so." Mr. Roberts then questioned him as to whether he had seen the negroes meeting. He answered that he had, two times. Mr. Roberts asked him, "If they meant to kill all the buckras ?" William (the boy's name) replied, that they did, for his father had told him so. His master then asked him what he should do; and the boy told him that he and captain Barton had better go on board ship, for it was the only place in which they would be safe, as the negroes were going to rise, and walk all about and murder every body. He (Mr. Denman) begged the House to observe, that the boy had been almost furnished with the answers by the master, from the manner in which the

questions had been put to him; as it was impossible that the boy, having first, perhaps, from the fear of punishment, told a falsehood, should answer otherwise than he did to the questions which had followed his remark about the bad Christmas. The boy was taken before a magistrate, and repeated his story, with some childish additions; upon which the six negroes, whom he had implicated as having been mentioned by his father, were apprehended. Both these steps were proper and judicious; but it surely was not to be justified that they should be thrown into prison upon such evidence, without having undergone any examination. They ought to have been examined separately, by which the truth or falsehood of the boy's statement would have been clearly proved; at all events, by such a mode of proceeding, the plot, if any had existed, would have been detected. Instead of that, on the 16th of December, they were committed to jail, and, on the 19th they were brought to trial, when only one other person who pretended to know any thing about the meetings was examined. The boy had stated that two negroes, of the names of Ned and Douglas, were there. Of these two, only Ned was called. He stated, "that he had been present at a meeting, ten days ago, at Bridge-house Estate; there were five other negroes with him; they said they would prepare themselves for Christmas; they were all going to meet at, and set fire to, Frontier Trash-house first, and, when the buckras came out, would kill them; they would then come on Port Maica Bay, and raise a mob, and when the gentlemen came out, they would rise on

them, and kill them, and then they would be free." What man of common sense could believe, that such a meeting could have taken place in an open street, and that the conspirators would talk publicly of murder and arson, under the certainty of being heard by every person who might happen to pass? To every reflecting mind, it must appear to be nothing more than the idle and improbable story of two young boys and yet, on such a story, six individuals had lost their lives. Douglas, the other negro mentioned by the boy, had not been used as a witness by the accusers at all, undoubtedly, because they had found that his evidence would not serve to convict; and, throughout the whole of these proceedings, neither William nor Ned, the only witnesses, were put upon oath, although so many lives depended on their testimony. Charles Brown, the first of the accused slaves, had, it seemed, been formerly an overseer on Frontier Estate, where he had been guilty of partial and cruel conduct, such as was very likely to render him the object of a conspiracy. Against the next, Charles Watson, there was not the slightest evidence of guilt, but, on the contrary, there were contradictions in the testimony, which ought to have ensured an acquittal; and the only circumstance of identity against Cosley, one of the prisoners, was, that he had the same clothes on at the meeting as he wore on his trial. The last and most afflicting case was that of the boy's own father, James Stirling. The witness Ned, said that he knew the prisoner, whose former name was Joe, and that he saw him at the bridge with five others, and heard

them say that they were going to rise at Christmas. The boy William was next called as evidence against his own father; and, being admonished to speak the truth, said, that he went to his father, the prisoner's, house, who told him that the negroes were going to rise, and that he must take care of himself, and keep out of the way. He said that he did not see his father among the negroes, and in that respect his testimony was at variance with Ned's. Another person was then called, who gave some evidence about a gun, which did not bear at all upon the question; and upon this evidence, unsifted, unsupported, and without any corroborating evidence, this old man was sent to the gibbet. The next case was one of so absurd a nature as scarcely to justify its being noticed, although it had been held sufficient to justify punishment. It was one in which the principal conspirator was half an idiot, who used to walk about the town and talk of king Wilberforce, for which he underwent imprisonment for three months. Such punishments were neither more nor less than a premium for perjury, as those who came forward to make such charges were frequently rewarded with manumission, or with money. Another case was that of the trial at St. George's, where there was a witness named Corberand, who had invented more plots than his pro totype Titus Oates, and then, to prevent investigation, had procured the removal of his confederates from the island, to which the House of Assembly consented, instead of prosecuting them for perjury. On the last trial, the most direct perjury had been committed. Two persons had intro

duced the name of M. Lessein, as having been present on two occasions, on both of which he proved a clear alibi, having been, on one of them, out of the island, and, on the other, in prison. Throughout the whole of the depositions, if depositions they might be called, there were repeated and barefaced contradictions; and they were the contradictory affirmations only of slaves, who, the House had often been told, were incapable of understanding an oath, or feeling its obligation. What opinion was to be formed of the courts of justice in Jamaica, where slaves were condemned upon the evidence of slaves alone, who were not even examined upon oath, and whose consciences were crippled by the same fear as their bodies? for, if when called as witnesses, they gave evidence unpalatable to their masters, they knew well that they would only leave the court-house for the work-house. He proposed the above resolution, that the Commons of England might have an opportunity of raising their voice against acts of such crying injustice and barbarity.

Although in the views thus taken by Mr. Denman of these proceedings of the colonial tribunals and authorities, too much influence might be allowed to the habits of thinking and feeling produced by the cautious and unimpassioned administration of justice, still enough had been disclosed to excite the gravest doubts, whether, in these trials, very great injustice had not been cominitted, and whether the whole proceedings, besides being founded on incredible testimony, had not been hurried on, from accusation to execution, with a degree of interested precipitancy which only the alarms of the plant

ers could have occasioned and that very state of alarm, in which they might have found themselves, only rendered mistakes and irregularities more probable. Yet, if the proceedings, however much to be regretted in themselves, were really carried on according to the forms of the existing laws of the island, which the colonial tribunals were bound to administer, it seemed difficult to discover a good reason for supporting a resolution which censured them for having followed their only legal guide, and accused them of having perverted and violated that law. Accordingly, Mr. Wilmot Horton, in opposing the motion, did not take his ground on any justification of every part of these trials, considered merely in themselves, but maintained that the courts had only applied the law which they were bound to apply; that they had applied it according to the forms required by that law, and in circumstances which fairly called for the interference of the legal authorities. There could, he said, be no doubt, that at the time when the insurrections which occasioned these trials were to have broken out, the public authorities were convinced that rebellious designs existed among the negroes in the northern districts of the island, inflamed by the idea that the intentions of government in their favour were frustrated by the masters being unwilling to obey instructions which had been sent out. The proof that such was the impression on the mind of the duke of Manchester, the governor, was to be found in his demands for additional troops, and the preparations made to meet the danger with which circumstances induced him to believe the island was threatened, In the proceedings at

St. Mary's there was nothing contrary to the law under which alone the court acted. However desirable an alteration in that law might be, and however much the state of things, which for a moment, could render it necessary, was to be lamented, still, if the proceedings which had taken place, were conformable to it, could the House now censure those who, having no other rule to guide them in their legal decisions, felt themselves under the necessity of acting upon its provisions? He did not stand up as the advocate of that law; he did not mean to defend the justice or wisdom of it; but, if it existed when those trials took place, the conduct of the court could not justly or fairly be attacked, however deserving the law itself might be of reprobation. forty-sixth section of the existing statute provided, that if slaves should be convicted of rebellion, murder, robbery, or of compassing or imagining the death of white persons, they should suffer death. It further provided, that if slaves should be found in possession of fire-arms, swords, cutlasses, slugs, balls, &c. without the knowledge of their masters, they were to suffer death. Now, it was proved by a female witness that she saw a slave with a gun and bayonet in his possession, and also some powder and ball; and the powder and ball were found by the officer who searched for them, in the place where she had said they were concealed, in a basket.

The

Here was an act, which, by the law, subjected the person so offending to the punishment of death. If censure was to be laid any where, it was surely the law they had to blame, and not the persons whose business it was to administer it. The effect to be VOL. LXVIII.

He

given to the evidence adduced was a question entirely for the jury. The discrepancies or contradictions of the witnesses were not of such a kind as to destroy their credibility; and, at all events, the jury had believed them. In all the instances in question, rebellious proceedings had taken place; whatever the state of the law might be, it had been strictly followed; and the punishment inflicted had been pursuant to its enactments. would, therefore, move the following amendment:-That the House sees, in the proceedings brought under their consideration, a further proof of the evils attendant upon slavery, and derives from them an increased conviction of the propriety of resorting to the measures recommended by government in the order of council; but does not deem it necessary, however desirable a change of the law may be, to impeach the sentences passed according to law, by a competent tribunal, and convicted by a jury sworn to give a verdict according to the evidence.

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The Attorney General and Solicitor General, in supporting this amendment, frankly joined in admitting the vices of the system of law under which the proceedings in question had taken place; but could not concur in stigmatizing West-Indian jurors, because they had not done their duty so well as, perhaps, an English jury would have performed it, or imputing the highest delinquency to the judicial and executive departments of Jamaica, not for having violated, but for having observed the law. It was impossible, said the Attorneygeneral, to look at the case, arising, as it did, out of the vice of the system, without wishing for a change. If the white man, upon his [L]

duced the name of M. Lessein, as having been present on two occasions, on both of which he proved a clear alibi, having been, on one of them, out of the island, and, on the other, in prison. Throughout the whole of the depositions, if depositions they might be called, there were repeated and barefaced contradictions; and they were the contradictory affirmations only of slaves, who, the House had often been told, were incapable of understanding an oath, or feeling its obligation. What opinion was to be formed of the courts of justice in Jamaica, where slaves were condemned upon the evidence of slaves alone, who were not even examined upon oath, and whose consciences were crippled by the same fear as their bodies? for, if when called as witnesses, they gave evidence unpalatable to their masters, they knew well that they would only leave the court-house for the work-house. He proposed the above resolution, that the Commons of England might have an opportunity of raising their voice against acts of such crying injustice and barbarity.

Although in the views thus taken by Mr. Denman of these proceedings of the colonial tribunals and authorities, too much influence might be allowed to the habits of thinking and feeling produced by the cautious and unimpassioned administration of justice, still enough had been disclosed to excite the gravest doubts, whether, in these trials, very great injustice had not been committed, and whether the whole proceedings, besides being founded on incredible testimony, had not been hurried on, from accusation to execution, with a degree of interested precipitancy which only the alarms of the plant

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ers could have occasioned and that very state of alarm, in which they might have found themselves, only rendered mistakes and irregularities more probable. Yet, if the proceedings, however much to be regretted in themselves, were really carried on according to the forms of the existing laws of the island, which the colonial tribunals were bound to administer, it seemed difficult to discover a good reason for supporting a resolution which censured them for having followed their only legal guide, and accused them of having perverted and violated that law. Accordingly, Mr. Wilmot Horton, in opposing the motion, did not take his ground on any justification of every part of these trials, considered merely in themselves, but maintained that the courts had only applied the law which they were bound to apply; that they had applied it according to the forms required by that law, and in circumstances which fairly called for the interference of the legal authorities. There could, he said, be no doubt, that at the time when the insurrections which occasioned these trials were to have broken out, the public authorities were convinced that rebellious de

signs existed among the negroes in the northern districts of the island, inflamed by the idea that the intentions of government in their favour were frustrated by the masters being unwilling to obey instructions which had been sent out. The proof that such was the impression on the mind of the duke of Manchester, the governor, was to be found in his demands for additional troops, and the preparations made to meet the danger with which circumstances induced him to believe the island was threatened, In the proceedings at

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