Another public duty, of a most serious kind, it was my lot to have to perform, both in and out of Parliament, during these years. A disturbance in Jamaica, provoked in the first instance by injustice, and exaggerated by rage and panic into a premeditated rebellion, had been the motive or excuse for taking hundreds of innocent lives by military violence, or by sentence of what were called courts-martial, continuing for weeks after the brief disturbance had been put down; with many added atrocities of destruction of property logging women as well as men, and a general display of the brutal recklessness which usually prevails when fire and sword are let loose. The perpetrators of those deeds were defended and applauded in England by the same kind of people who had so long upheld negro slavery: and it seemed at first as if the British nation was about to incur the disgrace of letting pass without even a protest, excesses of authority as revolting as any of those for which, when perpetrated by the instruments of other governments, Englishmen can hardly find terms sufficient to express their abhorrence. After a short time, however, an indignant feeling was roused: a voluntary Association formed itself under the name of the Jamaica Committee, to take such deliberation and action as the case might admit of, and adhesions poured in from all parts of the country. I was abroad at the time, but I sent in my name to the Committee as soon as I heard of it, and took an active part in the proceedings from the time of my return. There was much more at stake than only justice to the negroes, imperative as was that consideration. The question was, whether the British dependencies, and eventually, perhaps, Great Britain itself, were to be under the government of law, or of military licence; whether the lives and persons of British subjects are at the mercy of any two or three officers however raw and inexperienced or reckless and brutal, whom a panic-stricken Governor, or other functionary, may assume the right to constitute into a so-called court-martial. This question could only be decided by an appeal to the tribunals; and such an appeal the Committee determined to make. Their determination led to a change in the chairmanship of the Committee, as the chairman, Mr. Charles Buxton, thought it not unjust indeed, but inexpedient, to prosecute Governor Eyre and his principal subordinates in a criminal court: but a numerously attended general meeting of the Association having decided this point against him, Mr. Buxton withdrew from the Committee, though continuing to work in the cause, and I was, quite unexpectedly on my own part, proposed and elected chairman. It became, in consequence, my duty to represent the Committee in the House of Commons, sometimes by putting questions to the Government, sometimes as the recipient of questions, more or less provocative, addressed by individual members to myself; but especially as speaker in the important debate originated in the session of 1866, by Mr. Buxton: and the speech I then delivered is that which I should probably select as the best of my speeches in Parliament.10 For more than two years we carried on the combat, trying every avenue legally open to us, to the Courts of Criminal Justice. A bench of magistrates in one of the most Tory counties in England dismissed our case: we were more successful before the magistrates at Bow Street; which gave an opportunity to the Lord Chief Justice of the Queen’s Bench, Sir Alexander Cockburn, for delivering his celebrated charge, which settled the law of the question in favour of liberty, as far as it is in the power of a judge’s charge to settle it. There, however, our success ended, for the Old Bailey Grand jury by throwing out our bill prevented the case from coming to trial. It was clear that to bring English functionaries to the bar of a criminal court for abuses of power committed against negroes and mulattoes was not a popular proceeding with the English middle classes. We had, however, redeemed, so far as lay in us, the character of our country, by showing that there was at any rate a body of persons determined to use all the means which the law afforded to obtain justice for the injured. We had elicited from the highest criminal judge in the nation an authoritative declaration that the law was what we maintained it to be; and we had given an emphatic warning to those who might be tempted to similar guilt hereafter, that, though they might escape the actual sentence of a criminal tribunal, they were not safe against being put to some trouble and expense in order to avoid it. Colonial governors and other persons in authority, will have a considerable motive to stop short of such extremities in future.
As a matter of curiosity I kept some specimens of the abusive letters, almost all of them anonymous, which I received while these proceedings were going on. They are evidence of the sympathy felt with the brutalities in Jamaica by the brutal part of the population at home. They graduated from coarse jokes, verbal and pictorial, up to threats of assassination.
Among other matters of importance in which I took an active part, but which excited little interest in the public, two deserve particular mention. I joined with several other independent Liberals in defeating an Extradition Bill introduced at the very end of the session of 1866, and by which, though surrender avowedly for political offences was not authorized, political refugees, if charged by a foreign Government with acts which are necessarily incident to all attempts at insurrection, would have been surrendered to be dealt with by the criminal courts of the Government against which they had rebelled: thus making the British Government an accomplice in the vengeance of foreign despotisms. The defeat of this proposal led to
