the subject the flow of unpolluted justice, its present organization consisting for the most part of displaced Landdrosts, and one retired English commissary, all removable at the pleasure of his excellency, and consequently susceptible of imputations which will be apparent to your honourable House. "That your petitioner, so far from desiring to agitate any question which might glance at the eligibility of lord, Charles Somerset to his government, has spared no effort to obtain a moderate redress from earl Bathurst's department; but that that department, throughout its whole correspondence, has projected so many obstacles and delays, and manifested so little sympathy for the unwarrantable aggressions your petitioner has sustained, that he is compelled to throw himself upon the justice of your honourable House. "Your petitioner therefore prays, that your honourable House will cause an inquiry to be instituted into the conduct of ford Charles Somerset and the colonial authorities at the Cape, and extend to your petitioner such protection and redress as to your honourable House may seem meet. And your petitioner, &c." Ordered to lie on the table. DEPORTATION OF MESSRS. LECESNE AND ESCOFFERY FROM JAMAICA.] The Speaker having called on Dr. Lushington to bring forward his motion relative to the Deportation of two persons of colour from Jamaica, Mr. Wilmot Horton rose, and addressing the hon. and learned member across the table, inquired what were the precise nature and objects of the motion. Dr. Lushington said, that his object was, to move for the appointment of a select committee to inquire into the grievance of which he complained; and he did not think that after the discussions already had upon it, his hon. friend could have been ignorant of the course which he meant to pursue. The hon. and learned member then proceeded with his motion. The papers for which he had moved, had, he said, been printed some ten days ago, and he felt justified in fixing the earliest open day after that, for the discussion of this question. It was of the first importance to our colonies in general, and to the island of Jamaica in particular, that the most scrutinizing and impartial in vestigation should take place in the case to which he was about to call the atten tion of the House-a case which exhibited one of the greatest outrages that could be committed on British subjects. It was pretty generally known, that the population of Jamaica consisted of three hundred and forty thousand blacks, thirtysix thousand free men of colour, and twenty-five thousand whites. Now the House would be surprised to hear the nature and extent of the grievances and disabilities under which these thirty-six thousand free men of colour laboured. Previous to the year 1813, there existed a law to prevent any white man from leaving more than 2,000l. to a person of colour, even though that person should be his own son. The free people of colour were not permitted to navigate their own vessels along the coasts of the island; and they were not admitted to give evidence in courts of justice, in cases where white persons were parties. In 1813, these particular restrictions, so repugnant to every principle of justice, were removed; but others still remain, and are in full operation at this very time, depriving the numerous and loyal free coloured population of Jamaica, of rights which ought to be equally enjoyed by every free man. Amongst the most odious and oppressive of the disabilities under which this class of his majesty's subjects still labours, will be found, the disability to serve on juries, disqualification for office, deprivation of the elective franchise, and the deficiency law, which excludes them from any situation of profit or respectability on the estate of a white person. The free coloured inhabitant of Jamaica is compelled to pay his full share of all public burthens, but he is not allowed to participate in the benefits which others receive out of those revenues; does he derive the benefit he ought from the funds allotted to Education. There is another most odious and unjust distinction, under the act of 1799, entitled the Alien act. By this act, the alien of colour may be tried by the evidence of slaves: against a white alien such evidence is not received. nor It is not in the nature of things that a large body, increasing in wealth and intelligence, should forever submit in silence to restrictions so unjust and degrading, founded upon no other principle, resting on no other basis, than the darkness of the colour with which the God of Nature has distinguished their skin. With patience the most exemplary, with loyalty never impeached, they have long endured their grievances; but that sense of injustice, which is innate in the bosom of every human being; that feeling which stimulates all mankind to endeavour to remove evils and attain a happier state, induced them to make another effort to acquire, for themselves and their offspring, a larger share of the blessings of the English constitution, and to raise themselves and their class from the degradation into which the colonial system had sunk them. And, as their object was in itself just and laudable; so were the measures pursued for its attainment the most respectful to the colonial authorities, and the most free from blame. In the beginning of the year 1823, some of the most influential amongst their class met, and determined to frame a Petition to be presented to the House of Assembly. The meetings necessarily held for this purpose were not concealed from the public authorities; nor were they so numerous as to give any just cause for alarm; nor was the conduct of those who met, reprehensible for expressing the sense they felt of their grievances in too forcible language. Greater moderation, in similar circumstances, was never displayed. A set of resolutions was agreed to, in which the free men of colour expressed their sense of the disabilities under which they laboured, and prayed the House of Assembly in Jamaica to relieve them from them. not an imputation had been cast upon the men of colour in that island. No charge was made against them of having evinced the slightest appearance of insubordina tion, or the most distant wish to bring about rebellion. On the contrary, all writers on the state of the colony maintained, that their loyalty and attachment to government was unimpeached and unimpeachable. Mr. Bryan Edwards, who wrote a history of the West-Indies, and of that island in particular, most decidedly stated, that the men of colour had, upon all occasions, deserved well of the government. To their unshaken fidelity and active zeal when dangers were apprehended, there could be no stronger testimony than the report of the secret committee of the House of Assembly, on the 7th December 1824. That report concluded in the following expressive manner:-"The committee cannot draw their report to a conclusion without bestowing its meed of praise on the zeal and alacrity shown by the regulars in Hanover, and by the militia regiments throughout the disturbed districts, both by the whites and free people of colour; the conduct of the latter, evinced a warm interest in the welfare of the colony, and every way identifies them with those who are the most zealous promoters of its internal security." The time, too, when this encomium upon the fidelity of the free coloured population was passed, is remarkable. Now, any man who reflected for a The report was made at the end of 1824; moment might see how necessary it was it refers to the occurrences of that and the to justice, as well as to the safety of the preceding year; and to occurrences which colony, to conciliate so large a portion immediately succeeded to the rejection of of its population, by giving to them their the petition of the coloured class; for fair proportion of rights and privileges. that petition was presented in the autumn This was a matter the more worthy of at- of 1823, and the House of Assembly tention, when it was considered that the then refused to adopt any measure to coloured population was increased, not effectuate the wishes of the petitioners. only by natural causes amongst them- How clearly does this demonstrate, that selves, but also by the addition of the the coloured class, though smarting under offspring between whites and blacks. the rejection of their prayers, were still They were allowed to serve in the militia: animated by their wonted alacrity in dethey were allowed to acquire the rank of fence of the state. Indeed, every reflectserjeant: they were inured to the climate; ing man must perceive, that upon this and understood, to a considerable extent, class depend mainly the safety and wellthe art of war. Therefore, he might justly being of the island of Jamaica, and every say, that upon their loyalty and obedience succeeding year must increase their imdepended the safety of the island of Ja-portance, and render it still more essenmaica; and if by any ill-treatment or un-tial to do them that justice, which alone necessary degradation they irritated that can render their fidelity immoveable. body, then would he pronounce that the safety of the island of Jamaica was in danger. But, up to the present hour, But, the Assembly of Jamaica seem wholly insensible to considerations to themselves of the last importance. They then the party accusing went on to say, that they were dangerous individuals, that they belonged to a society, pretending to be a benevolent society, the principles of which were obnoxious to govern persisted in turning a deaf ear to the petitioners; and the coloured population remain without redress. What a contrast do the colonies present to the Mother country! In England, thank God! no such odious distinctions have obtained.ment. Now, of these charges, there was English justice would never endure them. Under English authority, a gentleman of colour has held a high civil office; and another has enjoyed military rank, and become connected, by marriage, with the family of a member of the other House. In Jamaica, even the humble attempt to obtain justice has entailed the consequences of crime. no proof whatever, save with respect to the existence of a benevolent society, the receipts and expenditure of which he was in full possession of, and he was ready to lay them before the House. And, against whom, he asked, were these charges made? Why, against the very individuals of that class who had been described, by a committee of the House of Assembly, as persons warmly attached to the government, and possessed of the most loyal principles [hear, hear!]. Again, it was asserted, that the parties in question were in secret communication with St. Domingo for treasonable purposes, but no evidence whatever was given in support of such an assertion; and yet, upon such charges it was, that these unfortunate men were dragged from their homes and families, and condemned to banishment without even the form of trial. Mr. Lecesne and Mr. Escoffery, the two individuals on whose behalf he now addressed the House, had signed the petition to the House of Assembly. On this and on no other account, the two unfortunate men, whose cause he advocated, were torn from their families, their fortunes, and their friends, and sent into banishment [hear, hear!]. Those two persons had resided, from their infancy, in the Island. This was a fact, stated in all the affidavits, and no one had presumed to deny it; and the question agitaHe had already moved for all the papers ted was this Whether, having enjoyed upon this subject, and, were it only in justhe privilege of free men for many years; tice to the duke of Manchester, they ought having served as serjeants in the militia; to be produced. If these papers were of having resided, one for twenty-eight years, a nature to bear the light, why refuse to and another for twenty-five years, in that produce them? If they could not bear Island, they should at once, and, as they the light, why act upon them in the first conceived, without any assignable ground, instance? The character of the duke of be banished under the provisions of the Manchester must stand or fall by these Alien act? For himself he must say, papers. And here, he would ask, who without entering into the merits of that were the persons thus treated? The one act, that even supposing these men to was the possessor of ten slaves, a man who have been aliens, the present was a gross carried on a respectable and thriving abuse of its powers. It might be right to wholesale business; the other was the owner invest the government of Jamaica with of four slaves: both were married men such a power, or it might not; but, it surely and had families, and yet thus circumnever was intended to extend its opera-stanced, they were arrested without tion to persons who had resided on the Island from their infancy, and who could not of themselves tell whether they were or were not born in that country [hear, hear!]. This act was committed under the government of the duke of Manchester, then and still governor of that Island. Their secret accusers were Mr. Barnes, the mayor, and Mr. Hector Mitchell, one of the magistrates of Kingston, and both of them members of the House of Assembly. One of the charges preferred to government, against the petitioners was, that they wished "to place themselves on a footing with the white population;" and notice.-But, scarcely had a principal performer in this transaction, Mr. Barnes the mayor of Kingston, found what was likely to take place, than he began to feel alarmed at the consequences of his conduct, and he went so far as to say, that if harsh measures were taken openly against the parties they might resist, and, being married men, they would be joined by the great body of the people of colour. But, notwithstanding this, steps were taken to arrest the accused, who were totally ignorant of what was passing. All was silent and secret, and no opportunity of defence had been allowed. The duke of Manchester having issued his warrant, thought it his duty to take care that no delay should take place in its execution, and he gave a peremptory order that both Lecesne and Escoffery should be sent out of the Island forthwith.-On the 7th of October, therefore, they were put under arrest, and the provost marshal directed that they should be conveyed on ship board, to be transported to St. Domingo. On the next day, they presented a petition to the duke of Manchester, enclosing what were termed their privilege papers. These privilege papers had been thus obtained-They had gone before the Court in the year 1814 (nine years before this transaction), and as free people of colour, claimed, upon proving themselves British subjects, the benefit of that act which, in the preceding year, had removed some of the former restrictions to which free people of colour were liable.-Such was the ordinary course in cases of the kind, and the documents could not be granted if the Court were not unanimous. It happened that Mr. Barnes himself, one of the men who now represented them, to serve his purposes of oppression, as aliens, was one of the magistrates by whom his privilege papers were granted to Lecesne. What, on receiving these documents, did the duke of Manchester do? He referred the petition to Mr. Hector Mitchell, and to Mr. Barnes, the mayor-the very men who had previously accused, and even pronounced the condemnation of, the petitioners, in a letter to the secretary of the government. What chance was there, therefore, of any thing like a full and fair investigation? His grace had directed Messrs. Mitchell and Barnes to confine their inquiries to the single fact, whether Lecesne and Escoffery were or were not aliens; and if so, to report directly upon the subject. He requested the attention of the House to the Report made upon this point. Messrs. Mitchell and Barnes reported, that they had made all due inquiry, and had satisfied themselves that Lecesne and Escoffery were aliens, and not British subjects; and that all the affidavits adduced on their behalf were not worthy of credit, as not containing one word of truth, and being at variance with themselves. Let it be remembered, however, that these affidavits, thus denounced, were the very documents upon which the Court of King's-bench of the island afterwards proceeded, when it declared, that these par ties were entitled, as British subjects, to their discharge. The report of Messrs. Mitchell and Barnes, asserted, that the affidavits were contradictory to each other; but he (Dr. L.), after reading the whole of them, begged to deny that assertion most distinctly. These gentlemen had laid great stress upon the circumstance, that Lecesne's father, in his will, dated the 1st of August 1816, had appointed him his sole executor, when, according to his own account, if true, he could only have been eighteen years of age; whereas they assumed, that he must have been twenty-one to entitle him to act as executor. This view of the subject, however, he (Dr. L.) contended, was perfectly erroneous, as there existed no law at that period to prevent persons under twenty-one years of age from being appointed, and from acting, as executor. And there was an obvious reason, independently of the confidence he reposed in his son, why it must have been considered by the father as highly expedient to name his son to that trust, in preference to any other individual; executors in Jamaica being entitled to six per cent upon the amount of property to which they administer. The truth was, that both these individuals had been influenced by the worst motives. He had ascertained this beyond contradiction, and that they had persecuted these unfortunate men from private pique, or from ancient enmity, and that in consequence, they had reported as to facts, which they must have known were false. The House would probably ask, how it could happen, that two persons, one a magistrate of the island of Jamaica and a member of the Assembly, and the other mayor of Kingston and also member of the Assembly, could so grossly betray the trust confided to them, for purposes of a nature so degrading? As late as yesterday, he (Dr. L.) had searched and had found certain documents, which threw considerable light upon this disgusting part of the subject. There formerly existed a pecuniary dispute between Mr. Barnes and the father of Lecesne. The transaction related to an estate belonging to the father of Lecesne, in the sale of which Mr. Barnes had been a party. He had received on account of it, the sum of 11,000l., for which he ought to have given credit to Lecesne; but he gave him credit, in fact, for only 4,500l., and refused, on various pretences, to account for the re mainder. The matter was brought before the Court of Chancery of Jamaica. The Court decided in favour of Mr. Barnes; but an appeal being made to the privy council in England, the judgment of the inferior court was reversed, and Mr. Barnes was sentenced to pay the full amount claimed of him. Such was the origin of the animosity of Mr. Barnes, and such the real motive for the line of conduct he had pursued! to be put on a footing with the whites" With respect to Mr. Mitchell, the motives of his animosity, though less apparent, were not less real and operative. His estimation in society had suffered exceedingly from a transaction which had occurred some time before, and which had led the Assembly, on the 4th of December 1821, to resolve, "that the evidence he had given on the petitions regarding the Custom-house fees, should be expunged, as libellous on the character of the House, and highly derogatory to its dignity." When, therefore, he was applied to, as member of the Assembly for Kingston, to present to that body the petition of the people of colour for a redress of the Now, on this vague, hearsay, unsupgrievances under which they laboured, ported statement, of Mr. Hector Mitchell, he appears to have thought it a fair occa- unaccompanied by a single tittle of evision of regaining the credit and influence dence, and without the slightest inquiry he had lost, by ministering to the pre- to ascertain its truth, on the 3rd of Ocvailing prejudices against the people of tober, the governor's secretary orders the colour; and they having reason to suspect mayor of Kingston to commit Lecesne that, with an outward shew of friendliness, and Escoffery to gaol, and orders the he was really hostile to their cause, deemed provost marshal to send them out of the it their duty to withdraw their petition island immediately, as "Aliens, and as from his hands, and to place it in the persons of a dangerous description."-Is hands of Mr. Barrett, another member in it possible to conceive any proceeding whom they thought they could place a more monstrous than this? These men more implicit reliance. This was accord- were accordingly apprehended and comingly done; and it, of course, served ex-mitted to gaol, and but for an accident ceedingly to aggravate the hostile feelings of Mr. Mitchell towards the persons composing the Committee of the people of colour. Among those, Lecesne and Escoffery presented themselves as the readiest victims of his resentment. Their parents were foreigners who had migrated to Jamaica from St. Domingo; and they themselves had been born soon after the arrival of their parents in the former island. He assailed them, therefore, on the ground of their being aliens, adding, that they were persons of dangerous character. But for neither of those assertions did he, in the first instance, produce the shadow of proof. On the 30th of September 1823, he made the following statement to the local government:-"Two persons of the committee of the people of colour, seeking which befel the ship of war that was to convey them from the island, they would have been deported, before any time was allowed them to vindicate their rights as British subjects. They were thus enabled to present petitions to the duke of Manchester, accompanied by proofs of their being British subjects. These petitions were referred, as had already been stated, by his grace, to the very two men who were their most inveterate enemies, and who were also, in fact, their accusers, Mr. Barnes and Mr. Hector Mitchell. Apprehending nothing from these magistrates but partiality and injustice, Lecesne and Escoffery were induced to move the Supreme Court, for an habeas corpus. In the mean time, a memorial was addressed by thirty respectable mer |