THE NATIONAL Rimist SEPT. 1/. transaction. It is there positively stated, that on the soldiers' coming to a charge the prisoners all retreated into the yard and pushed the gate to after them. If the commissioners had examined that evidence, this part of their report ought to have been differently expressed. We cannot conceive how \lr. King finds it difficult to reconcile the testimony respecting Captain Shortland's giving the order to fire, when he reports, that several of the Americans swear positively that Captain Shortland cave that order—anti many of the soldiers and the Eng lish witnesses heard the word given by some one, but would not swear it was by Captain ShortlaneF; and some (among whom is the officer commanding the guard) think, if Captain Shortland had given such an order, they must have heard it, which they did not. Thus, then ) stands the foundation for this part of the report. An English officer thinks it is not so, and several Americans swear it is so; and he finds it is very difficult to reconcile their tes timony. The lightness with which they seem to have passed over this most important point of that day's trans action, cannot but be deeply regretted by those who feel for the unhappy sufferers, when they go on to state, It may remain a matter of doubt whether the firing first began in the square by order, or was a spontaneous act of the soldiers themselves; it seemed clear it was continued and renewed, both there and elsewhere, without orders —and that on the platforms and in several places about the prison it was certainly commenced z:ithout any authwity." We must once more request the attention of the public to the affidavits already published : it is there sworn by one of the witnesses, that previous to the alarm bell bei»g rung, and while walking in the yard, a soldier called to him from the walls, and told him to go in, as they would soon be fired upon. How, then, can it be possible, that a soldier on the walls should know that they would be fired upon, if the order had not been previously given to that effect ? and had the bugleman been examined, ho could have stated, that previous to the ringing of the alarm-bell, he received orders to sound to ; so that when the soldiers took their stations on the walls, they were charged and prepared for that pur pose.—With such information, we conceive the com mittee to stand fully justified in stating in their report, the belief of its being a preconcerted plan, on the part of Short land; and if the commissioners had possessed themselves with a knowledge of these circumstances, which they could and ought to have done, would they, then, re ported Shortland as justifiable, even in a military'point of view ? The next thing we have to notice in the report is, that very singular paragraph, which says, "from the facts of the crowd's being so close, and the tiring, at firct, being attended with very little injury, it appears probable, that a large proportion of the musquets were, as stated by one or two of the witnesses, levelled over the heads of the prisoners, a circumstance, in some respects, to he la mented." Is it, then, to be lamented, that the soldiers did not level their pieces on the first fire, directly into the crowd, which they have stated to be so great and so close, that a soldier declared, he could not come fairly down to a charge? or is it to he lamented, that one or two hundred were not killed at the first discharge, and a thou sand or two ounded? if so, we think it much to be /a we/tied, that the reporters were not there, and placed foremast in the crowd. The circumstance of I:0 few being hurt at the first dis- R. 597 charge is not strange to those who are acquainted with the situation; and this occurrence alone corroborates the American evidence, and ought to have been sufficient proof to the commissioners that the prisoners on being charged upon, retreated through the gates, and shut them after them before the firing commenced ; and which cir cumstance, alone, should have shut the door of justifi cation against Shortland for commencing a fire upon them, as they were in their own yards. As this was the actual' situation of the prisoners on the first discharge, and the soldiers having to fire through the iron pailing, and the prisoners retreating on a descending ground, of course brought the muskets, when down to a level, over the heads of the prisoners—it was owing to this fortunate circumstance that so few were injured on the first discharge • of the musketry : and it seems the inhuman Shortland was aware of this circumst ante, when he was distinctly heard to order the soldiers to fire low. This does not appear to correspond with the first part of their report, which says, " Captain Shortland was in the market square exerting himself in giving orders to stop the firing." That there was any provocation given to the soldiers to justify their subsequent brutal conduct, the commissioners themselves seem to find it very difficult to trace any evi dence, although they say, it appears, that there was some resistance made to the turnkeys in shutting the prison, and that stones were thrown at the military. Had they . examined the prisoners sufficiently, they would have been convinced that no resistance was made to the turnkeys in shutting , the doors. As to throwing stones at the mili tary while they were chasing them from corner to corner, and firing at them in every place where they had taken shelter from the halls, could it be expected but they would seize on something for self-defence, when they saw the soldiers running at them with their bayonets, and having no possible means of escape, as it has been before stated, all the doors in the prisons had been previously closed ex cept one, and that one, perhaps, the length of the prison from him. Is there a man in such a situation but vrotia seize on the first weapon that offered itself, and sell his life, as dear as possible. How can they . , then, make that the slightest justification for such outrageous conduct on tho part of Shortland or the military ? As to most of the officers being absent when the sol diers came into the yard, is erroneous; it could ha , :o. been proved that there was an officer in every yard, and in one instance where he was heard to give the order to fire .on a party of prisoners close by the door, and. runnL,; and making every exc.' ti . on to enter the prison. As to Capt. Shortland being busy in the square with tho . turnkeys, receiving and taking care of the wounded, certainly shows the Commissioner's want of correct infor mation ; for it is already before the public, in afficial the cruel manner in which the w aunded were treated by him, and of hig abuse to the prisoners 'W ho were hearing the wounded to the. hospital gate. That part of the repot t which relates, that the time and commencement of this transaction was the officers' dinner hour, is too ridiculous for a comment. We do not believe that there was a pri soner in the depot that knew when or where the otllcers dined, and, therefore, can be no groni'd for an argnment, that the prisoners were taking this opportunity to escape. The report then goes on to state, 4 4 the cross fire whit was kept up from several of the plat forms en the vt al i s round the prison, and directed against straggling parties of prisoners running about the yard, endeavouring 0)