one with some money, of which I now stand greatly in need.'

Again, on the 14th of September, "At Bogg matters must be doing very badly when I get no remittances! really too bad. I had been fully expecting some money from you, and feel great disappointment. I am sucked dry at present."

And on the 18th of September,-" All my sources of supply fail while I continue being drawn on. I expected something from BOGG, and ditto from SPRING, and I hope at Rhine you will have something to assist me with taxes. Bogg concerns are now too bad."

On the 21st of September he writes, "We are all suffering from fever and the want of of (sic) money; send me some if perchance there be any, to help me out by Saturday."

Again, on the 28th instant, "I note that you are without money, and that the weather is heavy. This is rather a bad state to be in; can we raise nothing in aid of the taxes? This is also a serious question."

His landed property was under mortgage, and his admitted liabilities amounted to above 35,000l.

On the 12th of October, he enclosed a bill of exchange on Mr Lawrence for his acceptance to reduce and retire a bill for 1607., becoming mature on the 19th of that month, and requested him to send what money he could, as he was much in need.

On the 12th of October Mr. Gordon wrote to Mr. Lawrence from Kingston,"I hear terrible things are doing at Morant Bay. I know nothing of the proceedings or the particulars, but here I am blamed for it all. I feel for the poor people of Morant Bay. A steamer with detachments of troops has gone up. I wonder how it will all end. The Lord have mercy. I regret that the people have acted unadvisedly. This is sad matter to contemplate."

On Friday morning, the 13th of October, he went over to Spanish Town before ten o'clock in the morning. The case of Gordon v. Ketelhodt had been fixed for argument in court there that day. He called at the office of his attorney there, and asked how the matter stood, and was told that the suit was at end, in consequence of the death of the Baron, if that fact was true. He then made inquiries as to the costs of the suit, whereupon his attorney declined, under the serious existing circumstances, to enter into such details. A person then present remarked to him that there was plenty of time for him to go to St. Thomas-in-the-East, and to exercise his influence on the side of

order; to which Mr. Gordon replied, "If I go to St. Thomas-in-the-East the moment Martial Law is proclaimed I shall be the first man hung."

On Saturday, the 14th of October, Mr. Gordon left "Cherry Garden" to pay a short visit at Kingston with his wife, intending to return home on the following Monday, the 16th.

Amid the excitement in that town, which arose on and after the 12th of October, upon the confirmation of the account first received from Morant Bay, Mr. Gordon's name was quickly associated with the authors of the disturbances. His friends and relations thereupon suggested to him on Monday the 16th to retire at once, but he positively refused, and remained where he was. On the following morning, having been sought for by the police without success, he went to the house of the Major-General commanding the troops, to give himself up. There he was shortly after met by Governor Eyre and the Custos of Kingston, and by them arrested.

From Kingston he was sent by sea to Morant Bay, where he was put on shore, a prisoner, on Friday evening the 20th of October.

The next day a Court-martial was sitting for trial of prisoners there, consisting partly of Members of the Legislature. Brigadier-General Nelson, however, having deemed it right that Mr. Gordon should not be tried by a Court composed of persons who might be supposed to be influenced by local prejudices, adjourned that Court, and another was convened, before which, about two o'clock the same afternoon, Mr. Gordon was brought for trial.

This Court consisted of Lieutenant Brand, of Her Majesty's Ship "Onyx," President; Lieutenant Errington, R.N., and Ensign Kelly, 4th West India Regiment, members. The charges against the prisoner were for furthering the massacre at Morant Bay, and at divers periods previously inciting and advising with certain insurgents, and thereby, by his influence, tending to cause the riot.

Two heads of offence were drawn up, one for High Treason, the other for complicity with certain parties engaged in the rebellion, riot, and insurrection at Morant Bay.

Öne witness has stated, that more than once during this trial, at the opening and during its progress, Mr. Gordon made application to postpone the trial on the ground of want of jurisdiction of the Court to try him, and also on account of the absence of material witnesses for the defence.

The witness, however, who deposed to this, seemed wholly unworthy of credit. Neither the person who independently reported the trial for publication at the time, nor the documents of the Court recording the proceedings and particulars of the trial itself, make any mention of such an application, one of such importance as could hardly have escaped notice.

Other persons present at the trial who heard all that passed there, deny that any such application was made.

After the case against the prisoner had closed, Mr. Gordon inquired for Dr. Major, who he said could prove that the state of his health had prevented him from attending the Vestry meeting at Morant Bay on the 11th of October.

The Provost Martial was sent from the Court to look for the Doctor, and on returning shortly afterwards, said to Mr. Gordon, "Dr. Major is not in the Bay." The witness, Theodore Testard, was then called by Mr. Gordon, to prove the same fact, but he had no knowledge on the subject.

Considering the importance then attached to Mr. Gordon's absence from the Vestry on the 11th of October, it would have been much more satisfactory if some delay had been allowed in order that Dr. Major might have been sent for to speak to the state of his health on that day.

The evidence taken consisted of documents and oral testimony.

Some of these documents were selected from the papers of Mr. Gordon, by Brigadier-General Nelson, and others were statements of persons taken and sworn before Magistrates, and then forwarded to Mr. Ramsay, the Provost-Marshal. All these were laid before the Court by the Provost-Marshal.

They consisted of

1st. Statements of the 21st of October separately made and sworn to by John Anderson and James Gordon before a Justice of the Peace of St. Thomas-in-theEast. These two persons were prisoners, and were sworn and examined orally by the Court.

2nd. A statement of the 17th of October, purporting to be a dying declaration of Thomas Johnson.

3rd. A joint statement of the 19th of October, on oath, by W. R. Peart and J. F. Humber, made before a Justice of the Peace.

4th. A statement of the 19th of October, on oath, of Charles Chevannes, at Kingston, before a Justice of the Peace.

5th. A statement of the 18th of October, of George Thomas, on oath.

6th. Printed placard headed "State of the Island," above referred to.

7th. Statement of the 17th of October, of Elizabeth Jane Gough, sworn at Kingston. She was also orally examined by the Court.

8th. Three letters of Mr. Gordon, to Chisholm, September 11th, 1865; to E. C. Smith, October 14th, 1865; to Chisholm, June 19th, 1865.

William Robertson Peart, and James Fyfe Humber, whose joint statement was read, deposed to the matter spoken by Mr. Gordon at the Vere Meeting in September.

Both of these persons were in Jamaica at the time of the trial, and might have been summoned to give oral testimony.

Charles Chevannes and George Thomas might also have been called as witnesses, as they were living in Jamaica.

The written statements of these four persons had been taken in the absence of Mr. Gordon, and were inadmissible as proofs against him according to the rules that regulate evidence in English Courts, either Civil or Military.

With regard to the written statements of J. Anderson, James Gordon, and Elizabeth Jane Gough, they were not legal evidence, but those persons were sworn and examined at the same trial.

The printed placard headed "State of the Island" is a duplicate of that above mentioned as posted up on a tree in August at Morant Bay, the original draft of which was proved to have been in the handwriting of Mr. G. W. Gordon.

Five witnesses were sworn and examined for the prosecution, and one on behalf of the prisoner.

The evidence, oral and documentary, appears to us to be wholly insufficient to establish the charge upon which the prisoner took his trial.

He was found guilty, and sentenced to death, after six hours trial.

After having approved and confirmed the finding and sentence, Brigadier Nelson forwarded the proceedings of the trial to Major-General O'Connor, under cover of a despatch, dated 21st October, 1865, 8 p.m.

In this despatch he states for the information of the Major-General, that he considered it his duty fully to approve the finding and confirm the sentence, and adds, "To-morrow being Sunday, and there existing no military reason why the sentence should not be deferred, I have preferred to delay its execution till Monday morning next, at 8 o'clock." The whole proceedings of the Court were enclosed for the General's information.

These proceedings reached the General at Kingston on the morning of the 22nd of October, who, after reading them to

two members of the Executive Committee, forwarded them the same day to Governor Eyre, with a request that he would return them with as little delay as possible. These proceedings were returned to the General the same day by Governor Eyre, who wrote at the same time that he fully concurred in the justice of the sentence, and in the policy of carrying it into effect.

On the same day Governor Eyre wrote the following letter to Brigadier-General Nelson from Spanish Town, dated 6 p.m.:

"My dear Brigadier,

Your report of the trial of George William Gordon has just reached me through the General, and I quite concur in the justice of the sentence, and the necessity of carrying it into effect."

This letter reached Brigadier Nelson before the execution of Mr. Gordon.

On the 23rd of October, BrigadierGeneral Nelson sent a despatch to MajorGeneral O'Connor, announcing the execu tion of Mr. Gordon at 7.10 a.m. that morning.

On the 24th of October, General O'Connor transmitted, in letters to the Secretary of State for War, and to the Military Secretary at the Horse Guards, a copy of Brigadier-General Nelson's despatch reporting the trial, sentence, and execution of Mr. Gordon, and in both letters he adds, "A copy of his Excellency the Governor's letter approving the same is enclosed, in which I fully coincide."

Evidence was given of indignities offered to Mr. Gordon at the time of his execution, but those on whom most reliance can be placed negative that such was the

case.

Comment on the case of Mr. Gordon.

Upon a careful review of this evidence we have formed the opinion that the true explanation of Mr. Gordon's conduct is to be found in the account which he has given of himself, "I have just gone as far as I can go, but no further." "If I

wanted a rebellion I could have had one long ago." "I have been asked several times to head a rebellion, but there is no fear of that. I will try first a demonstration of it, but I must first upset that fellow Herschell, and kick him out of the vestry, and the Baron also, or bad will come of it."

Mr. Gordon might know well the distinction between a "rebellion" and a "demonstration of it." He might be able to trust himself to go as far as he could with

safety, and no further. But that would not be so easy to his ignorant and fanatical followers. They would find it difficult to restrain themselves from rebellion when making a demonstration of it.

If a man like Paul Bogle was in the habit of hearing such expressions as those contained in Gordon's letters, as that the reign of their oppressors would be short, and that the Lord was about to destroy them, it would not take much to convince him that he might be the appointed instrument in the Lord's hand for effecting that end; and it is clear that this was Bogle's belief, as we find that after the part he had taken in the massacre at Morant Bay he, in his chapel at Stony Gut, returned thanks to God that "he had gone to do that work, and that God had prospered him in his work."

It is clear, too, that the conduct of Gordon had been such as to convince both friends and enemies of his being a party to the rising.

We learn from Mr. Gordon himself, that in Kingston, where he carried on business, this was the general belief as soon as the news of the outbreak was received.

But it was fully believed also by those engaged in the outbreak. Bogle did not hesitate to speak of himself as acting in concert with him. When Dr. Major was dragged out of his hiding-place on the night of the 11th of October, he saved himself by exclaiming that Mr. Gordon "would not wish to have him injured," and when Mr. Jackson made a similar appeal for his own life to the murderers of Mr. Hire it appears to have been equally successful. The effect which was likely to follow the meetings which took place during the Spring and Summer of 1865, in some of which Mr. Gordon took a part, was foreseen by one of his most ardent supporters, who, writing to a common friend on the subject of an article he had inserted in a newspaper respecting the Vere meeting, used these words, "All I desire is to shield you from the charge of anarchy and tumult, which in a short time must follow these fearful demonstratious."

Although, therefore, it appears exceedingly probable that Mr. Gordon, by his words and writings, produced a material effect on the minds of Bogle and his followers, and did much to produce that state of excitement and discontent in different parts of the island, which rendered the spread of the insurrection exceedingly probable, yet we cannot see, in the evidence which has been adduced, any sufficient proof either of his complicity in the outbreak at Morant Bay or of his

having been a party to a general conspiracy against the Government.

On the assumption that, if there was in fact a wide spread conspiracy, Mr. G. W. Gordon must have been a party to it, the conclusion at which we have arrived in his case is decisive as to the non-existence of such a conspiracy.

The only evidence beyond that of vague rumours in any degree tending to show an intended rising at some future time was given by one witness, who deposed to a statement made by an insurgent engaged in attacking a property in the neighbourhood of Bath, that "it was not their time; that Christmas was their time, and they were preparing for it, but as it had come on so soon they must go on and mash down everything, and kill all the white and brown."

It appears also that in one parish two or three threatening letters were addressed to several persons, and that drillings were supposed to be taking place.

Notwithstanding the alleged fact that threatening letters were previously unknown in the Island, we were unable to attach any importance to those brought to our notice. As regards the drillings it was found upon investigation at the time that they were wholly unconnected with illegal objects.

Respecting an alleged change in the manner and deportment of the negroes, the evidence was very conflicting.

We think, however, that various meetings had been held in the course of the summer, at which speeches were made, tending to cause excitement and discontent. The effect of these speeches was the greater from being addressed to an ill-educated and impulsive people.

Upon this point also the evidence of Mr. Fyfe, a Stipendiary Magistrate long resident in the Island, is deserving of attention.

He speaks of an opinion which he formed and communicated at the time to the Government. He says, "There was a general excitement that led me to think there would be a disturbance, and I wrote to Mr. Hosack to that effect, after the meeting in Vere, to say that I thought the Law Officers of the Crown ought to interfere; that things were going too far; that is, the meetings held by Mr. Gordon; that we had no Police, and that a conspiracy might be hatched next door to our Police Station, without our knowing anything about it."

CASE OF THE POLITICAL PRISONERS.

Among the papers of Mr. G. W. Gordon in the hands of the Government were found documents, the contents of which induced Mr. Eyre to direct the arrest of Mr. Levien and Dr. Bruce.

These were political friends of Mr. G. W. Gordon.

At the time of their arrest they were living out of the district in which Martial Law was in operation, and were sent to Morant Bay.

They were kept in prison there until after the expiration of Martial Law, when they procured their own discharge by writ of habeas corpus.

Some other persons who were arrested in Kingston for political offences were also sent to Morant Bay, and there kept prisoners.

Doubts, however, were entertained by Brigadier-General Nelson as to his power to bring these prisoners to trial before a Court-martial.

He accordingly decided on his own responsibility not to do so, and communicated his decision to Major-General O'Connor.

The Major-General "coincided in this view," and expressed his opinion that "although there might be authority to try them by Court-martial, they would not be justified in doing so."

Mr. Eyre considered Brigadier-General Nelson had exercised a wise and just discrimination in coming to this determination, if he had satisfied himself in each case that there was no evidence directly connecting the prisoners with the immediate outbreak at St. Thomas-in-theEast."

THE DURATION OF MARTIAL LAW.

We have now narrated the means used for the suppression of the insurrection, and have commented on the conduct of some of those engaged in the suppression.

The number of persons concerned in the original outbreak, and in the deeds of violence by which it was accompanied and followed, was undoubtedly large; the number also of those who availed themselves of a time of disorder to plunder their neighbours was far larger; but the punishments inflicted seem to us to have been far greater than the necessity required. Nor can we shut our eyes to the

fact, that among the sufferers during the existence of martial law there were many who were neither directly nor indirectly parties to the disturbances which it was the object of those placed in authority to suppress.

We fear that this to a certain extent must ever be the case when the ordinary laws, framed for the suppression of wrongdoing and the protection of the well-doer, are for a time suspended.

The circumstances which are supposed to render necessary their suspension are almost sure to be such as to excite both fear and passion; and some injustice, and we fear some cruelties will be certain at such times to be perpetrated; but we think that much which is now lamented might have been avoided if clear and precise instructions had been given for the regulation of the conduct of those engaged in the suppression, and every officer had been made to understand that he would be held responsible for the slightest departure from those instructions. It does not seem reasonable to send officers upon a very difficult, and perfectly novel, service without any instructions, and to leave everything to their judgment.

But as under any circumstances, however carefully instructions may be prepared, and however implicitly obeyed, the evils of martial law must be very great, we are driven to consider whether martial law might not have been terminated at an earlier peried than the expiration of the thirty days allowed by the statute.

We know how much easier it is to decide this question after than before the event; and we are aware, too, that sometimes the success of the measures adopted for the prevention of an evil deprive the authors of those measures of the evidence they would otherwise have had of their necessity.

We have endeavoured therefore to place ourselves as far as is possible in the position of the Governor and his Advisers at the time their determination was arrived at. It was not till the 21st of October that the Maroons marched to Torrington, which evidently was the stronghold of the insurgents, and which place, from the marks of preparation found there, it had been intended to defend.

After, however, firing a few shots, they fled at the approach of the Maroons, and on the following Monday, the 23rd, Paul Bogle was apprehended with his few remaining followers, and on the 24th was conveyed as a prisoner to Morant Bay.

From this time it must have been clear to all that the rising in St. Thomas-in-theEast was put down, and that the only thing to be feared was simultaneous risings

in other parts of the Island. The question to be considered in deciding upon the conduct of the Government is not whether such risings were in fact likely to take place, but whether the Government, with the information then in their hands, had reasonable grounds for apprehending that they might take place.

It will be seen that they were receiving almost daily reports from different parts of the Island which must have led them to the conclusion that considerable

danger of such risings existed. They could not at the time investigate, as we have, the grounds on which those reports rested.

They were forwarded by the Custodes of different parishes, in whom the Government was bound to place a certain amount of confidence, and they would have incurred a serious responsibility if, with this information before them, they had thrown away the advantage of the terror which the very name of martial-law is calculated to create in a population such as that which exists in this Island.

But there was a course which might have been pursued by which that advantage would have been secured, and yet many of the evils ordinarily attendant upon martial law avoided.

On the 30th of October it was formally stated by the Governor that the wicked rebellion lately existing in certain parts of the County of Surry had been subdued, and that the chief instigators thereof and actors therein had been visited with the punishment due to their heinous offences, and that he was certified that the inhabitants of the districts lately in rebellion were desirous to return to their allegiance.

From this day at any rate there could have been no necessity for that promptitude in the execution of the law which almost precluded a calm inquiry into each man's guilt or innocence.

Directions might and ought to have been given that courts-martial should discontinue their sittings; and the prisoners in custody should then have been handed over for trial by the ordinary tribunals.

We cannot conclude our inquiry without expressing our regret at the tone of levity which is to be found in the letters and language of some of the officers while engaged in serious and responsible duties.

CONCLUSIONS.

Upon the subjects proposed for our inquiry we have come to the following conclusions::