The Statesman. — London, England, 1823-06-04 00:00:00

not mei pot asunder those whim; God bath joined ;" but t.. (Ideation was what was this junction ? Marriages were con sidefed• sacred ; but could a marriage - in direct violation ofl ell law and legitimate authority be considered !tiered? Liv ing in society , we are desired in Scripture to marry, but the f • ems -of inaniege seroJeß tomes. end ell that was seceesary Was, that those forms hereonsistectwith the laws of God.. He thought Of the two' evils the voldebility7 of marriage, latoffeesiby the chime, was less ob than the ab- Nitrate 'lenity.- ••• ;Lard REQESDALR 'said that there was no declaration In Scriptare what eoustitsited a marriage, and it was for men to propose the regulatiotte. In his eldpion it was • question of expediercy whether they were to declaim pet rel* violating those regulations separate Or iipartbie. In the COmorlftee it was defined more expedient t 6 make 5U inerriares voidable. He saw nothing is Scepters tie vent their Lordships 'laying down those rales -and ' All that they have to look to, was to see whether it be beorfleia4to morals and society, whether whoa a.tlilar. tinge was eontrected, it was to be in the power of a Paid parson to say whether such was or was not a marriage. -II would be better to make it void as by the former law. lila* to leave it iternale. Lord ELLEIBUROUGH said, that it was with, li vi :jm. matter of regret end astdnishment that the most R Prelate, who introduced the 11111. did not - besto*moreeieen sideretion on that clause. Having heard from the Noble Earl (Liverpool) that It would be impossible to rive-veil. duty to tee clans. while banns were open—while Iteotlind and qlher countries were open. he was surprised the most Rev. Prelate still pressed the douse. • . ' The Archbishop of CANTERBURY begged to say. in explanicien, that he did not obstinately adhere to thee:Wise. Lord ELLENBOROUGTI resumed. It was still a matter of astonishment with him, that the clause wee supported br the most Rev. Prelete; who lime Seesteneleedneed!ii:4o he repugnant to the Christie* religion. The eleaeiretuditergit, to np oilier then the case of a minor cootrectieg 4 ateersaley, which se at the same time desired to melte..lntraliL The Noble and Learned Lard (Elden) said, that he knew of, eases in which women were the seducers. Tbeee were camparatiidy few,. and their Lordships were, to legislate for the tenjerity. The .most certain consequence of Stitt tiasse *bold be,sednetion, with the very.tetentletef alma donseg the victim.' ,It was for the ceevenlence of ,the main, a; in no ease alter tip marriage was _completed,. wpeld the. father of the woman, desire the marrialtn.hd kilned' Voids It was a cla use leading , to fujimorality. 14, agreed wills tie Right Res.Vielate (Chester) that when the religious partmt the ceremony was admitted, the patties squid Both. sepa rated. The religious 'part of the contract was confirmed, while the civil part only. was affected by not adhering to the civil regulattene. He was desirous to know fronntlit.ltightw Reverend Prelatelwhether there was mot a religioes.cori t-act entered into at the marriage ceremetiy: It-there was. it could not be broken. fie heard much mere than he even ' wished of the 'contract of marriage treiug.* civil coati-ad only ; but be advised their Lordships to beware of that dug trifle. If religion weriseparated- from the marriage contract, ell other premetions , would be but frail ',wines. -,By re- , r:osing the ringlet's einetion, they destroyed the best fowl deli atm of virtal . end of mortality. fife irelkentirely opposed to the claase: . . ~, • . • - •. • The BleVep 6? I.ONPON sold hi wan desirous to defend hi:.:self from th'ecberge made in (be Committee which in troduced 0% • Bill,, alhd or WhOM * llo was one. They eau ii•tered rill the..eXpedielley of the measure. • The Noble L3fl said t 'at the elapse was contrary to, the principles of reoreli, to site tasis,Of Goo, and in. express violation of our SavukinistelunitiOn; that man should not separate those whom tipo bath jObtedi'.' ' +Bet the +question was,. what was,thii(ueitin. srhether It was of it civil or a religious n* tote, oe.nartools of, bath? • The .Committee who agreed to the etaosit'wenfed.to dlitinguish betweie 4 lawful mar riage and an illelteonettlitnage. His own notion of mar- , rage wei, that it wag a enntreet between parties capable of entering in conformity with the regulations of the country to which they belonged. If those terms end prescribed forms were . domplied . with. the milieu was then completed. 11 the marriage wait a religioos ceremony. only. as soon as Cat was performed the marriage was completed ; but if any t',ing more. was required fur time fulfilment or the contrast, Man the religious ceremony did not complete the marriage. A license or the publication of banns and the soterunization In a chareh weremiso required. lie admitted that marriage was the mast solemn contract man could enter into. After sal he beard. he felt that he wee *Shed in assenting. o the • „ . elesrse. • ' Lord snygovrit said he agreed In all the /tegument, by while the ptiacipleof the clause was justified. Ile had, on a farmer oeiaslon,.heard the Noble Lord •(EJleaborough.) condemn in strong.' terms every partmt the Report of the Committee, but that alaht he objected to me part of the Bill, butte clause- then under consideration. Ile and the yther Members. of that Cotemltee were desirous to get rid of Ll.* neer!, of abso:ute -nullity. He thought their Tactile. • Roe is legislating on that subject lied suspended marriages for the last year. and It wits better to come to something de cisive. fle was sarprised to hear those Noble Lords now commiseratit the lot of the unhappy female whose marriage . was voidable by t h at clause, although the souls Noble LordS la,t Session agented to a measure to separate the husband front the person alto was still his wit:. by transports. ti on, acrd that -after having lived together one and. two years. • .....t. e• Lord STOWELL said the subject wns deeply Interestiog to the young. r branches of society ; hut the Committee in 'its consider:: :on on the Bill, took not into account theirin-, tefeits only: hut (bet of their 'parents, and of society iu ge neral. The Noble Lord it • a went into on historical detail of the Mertlagd Laws, but in so lost a tone, that we fouhd it Impend-1e to hoer his Observations distinctly. With re gard to the securing the power of parents, at present there were four •waye. The effect of the late Bill was such as nearly to demoralize the whole country—so much so, that en the ars day of dhe Session its very authors almost jostled each other in rival Bills. of Repeal. 'But with re gard to the• four modes alluded to—the first was, that of uu:lity ; the second, a limited restraint ; the third, that of preventive measures; and .the last, of throwing the reins to youth it a time when the ;tendons were most likely to act withitut restraint. It was impossible to make • Mar riott.) Act Which would not be In some respects-objection able: So far 'as his professional experience went, he found tat sons required proteation more thin daughters, and that they store frequently entureti into connections which thee* themselves:into dispute:, and their parents into pirery and sorrow. Upon the whole, he had • very strong cpn siieration in favour of the Bill. It was an experiment - which was'not. yet tried, while'every one else was, and had toile 1. (We regret that the Noble Lord" was almost luau-. Bible below the bar.) . . Lord POWERSCOURT said a few words, whiclOwere Irmodible: ' Their Gordiships then divided—For the clause, Contents, 22—Non-fontenta, VS—Mejority against thwelause. O. Several srher clauses were agreed to. , 'Phi Biit weed *the Committee. and, was reported'with amendatentt, enCerdered to be read a third time on Tburs- dey next. ' • '• The Hke ad, eiireell at bklf-ptst . ten. • • • • _ 2._ _ . „ • .HOUSE OF COMMONS—Tuasnat. Sir EF. .YORK presented a petition from the Hon. Jolla Lindsay; stating himself to he the proprietor of•the ielaml of 'Heusi, eat that he could deliver gr.(nite stone from thenee•st 14,9 d. a eishie font. and praying the at tention of the Emmuitterfor rebuillims London Brid , thereto. • ee. • Mr. It ftliER•I'S Moved foe a Return of the ntinsher of vessrVs, Deiansivant ot . their tonnage; fur three yeari, to the sth-ofalanttarvil. • tin t h e .nintlern of Me. SPRING RICR, the Bill fat allowingseßridgeiett Ise !milt over the river Sh (neon, at I.:(iserick, - Was reed's iltirdiinte, and passed. - • Air. I.VIIIVEY Moved for a Return of the account of the drawback 'of Is. a- bushel ou Msit, allowed t, tire t- • • COURTESAY notice that he wad& • Mr. .f. save . bring in to.inorroZt, to mtend . the' Bankrnpt Uwe Mr. liAlt4iAt;lt brottOrt rip the Report of the Sel:tt I 'ommittiton the Vortl it it 114 ,1 d. . • • tln the i ntotronof • Lovd kl'itOßP the lioneit went h•i. on.the cotel.riy Cowls ant : :the Bill r . igt e : the lfalrort was blonght' ~l~r.' Irish Toaantei Bill was read a first tine. " fdr.**C.. HUTCHINSON objected to the BA bream.] it had for its object &great change in trelaniff whethefl or bad, it. was apt necessary for ble. "argihnent ti w. It would have the effect of destroying more them two-thirds of the present fortyatilliog freeholders frau- Alec He asked for Deland a fair examined** of the Bill, which be complained was, brought forward at a late period of the Session, and withant indicted explanation. , The Bill was particularly objectionable, as it would af fect in the -Test and South of Ireland die franchise of Catholics; and it should be recollected With what • diffi, rutty the franchise was obtained. The 11111 would merely serve to disfranchitie, without affordinany hope of cool during to agricultural improvement., w hich was content. plated by it.. He wished, therefwth that the Bill shobit be deferred till next Session, an,4 he then brouglit,..(eg, ward in ad improved shape. Lotd. MILTON said the Bill was before the Helm for two months. He considered it in atiagticalturel i sense well worthy of Mr. DENIS BROWNE said that he had answered the objections of the Hon. Member fortork on two for mer occasions, and he did not then feel himself called upon for any observations. The Bill was read* third time, and passed. • Sir JOHN NEWPORT pat a question relative to the application of certain monies by the Corporation of Dub lin, but from the low toile in winch the question was pee,' and the answer made by Mr. Goulburn, we ate uttabie to , give the details. Mr. IVILMI3IT laid on the table certain pa fp tiVe to the island of Cuba. •, • . . The Order of the Diy for the House going into's eel*, mittee on the Silk ; Bill being read, Mr. F. BUXTON esidit was his intantioo. when. thi Report watt brought.avto inowthat it be Lettered to at Select Committee. . The House then went inin Committee;: read, and the Report ordered to be brought up on Moo-. day. . Mi. sy KES presented a petition from 180 era of Hull, complaining that their shipi and stores'were liable to seittore by the least misconduct df those over. whom they could have no controul. The most trifling act of smuggling,thoughconsmitte4 without their know. ledge, subjected their property no confiscation. Them was one instance mentioned, where a ship called the All••• nerva was put under seizure because there was I2e. worth, of smuggled tobacco on board. He concluded by moving that the petition be brought up. . Mr. HERRI FS Said that a similar petitiOn to itaisled been already laid before•the Lords of the Treasury, and it had there received all the attention which such at sub .ject demanded. After the best consideration, however, it was found that without the clause of which the lion. Member now complained, the Revenue could not be col lected. He believed there were few instances of vessels being seized for any misconduct on the part of the sailors, 'but in fairness the master might to he responsible when he did not keep a strict watch over his serYants. As it was in contemplation to bring forward a. measure for consolidating the Custom and Revenue Laws, when that came on, he thought it would be the proper opportunity to suggest any alterations or improvements. Mr. BRIGHT observed that the greatest inconitui:. ence would happen to trade before these different fans 'were consolidated, which it was admitted was a work Of' great lab Our and time. Amongst the evils attendant upon the Revenue Laws, he thohelit there was none more objectionable than the difference of practice which exist; ed between the Boards of Customs and &else. He thought the country much indebted to the Hon. Member for hull. forbringing this measure forward, and he loped some•efficient measure, founded upon it, would be woo Adopted. Mr. CURWEN expressed a hope that some MeMoire 'Mould be adopted with a view to lessen the expenses of recovering property which had been seized by the Eseiee. !General GASCOYNE said, that if the matter was left to the Lords of the Treasury, there could he no objection to the adjudication, but the complaint was that they al ways referred the matter back to the Excise, who, in their own.defence, were too much incliner( to malts ex 'parte statements. He hoped now that the attention of .vernment had been called to the subject, that some measure would be adopted to remove the difficulty .com-' plained of. The petition was then read, and ordered to lie ota the `table. M. SYKES,in explasation, said that the burden Obis 'complaint was, that thelnasters of ships were made crimi.. sally answeraole for the conduct of their servants. This Was the more unjust, because there was me t als of s r r . Tanta less dependent upon their misters than sailors, for they were often separated front them, and the masters eon id not possibly make themselves acqoaitited with their individual characters. INSOLVENT DEBTORS. Mr. BRIGHT asked whether it was intended to bring las new Insolvent Debtors' Act now thattheliession was so late. The SOLICITOR-OENERAL said he should cer. tainly bring it on Friday next. SILK WEAVERS 4E 9 ' r. BUXTON moved that the petitioning against the *Silk Manufactures' Bill should be heard by Counsel ,against the Bill on Monday next.—Agreed to. r • SHIP BUILDERS. :Mr.HUME presented a petition from the Ship Builders ;of the River Themes, complaining that, unlike other artisans, they were not permitted to leave this kingdom is seek employment; and also of the manner in which .their wages were paid. They prayed the House to so• vise those Laws which affected their case. Sir BYAM MARTIN said he was disposed to grant all possihle relief to the petitioners. Mr. LIITLETON said that the Hon. Member who presented this petition, having a motion for a Committee to night, to consider the laws for preventing artisans from emigrating; which would have a great et& ct upon the manufacturing districts, he (Mr. L.) wished him to postpone so important a measure to next Session, when ,the parties would be better prepared with their evidence. The present Session was too tar alvanced to allow such attention to be given to the subject as it deserved. Mr. S. WOIPI'LEY and Gen. GASCOYNE concurred in this suggestion. Mr. HUSRISSON joined inthe same recommendation; at the same time that he .professed himself friendly to the object which/he Hon. - Member had io view. These ' laws %sere inefficient and unjust, hat it' required great chnsileration before any alteration was ; du& 'ln View. Sir 0, COCKBURN deflided thv mole lii which the shipwright's acre Pslii in the King's yards. Mr. HUME said that after the recommendation which hail been made to him from revain'tparters, be had no course left to purstie but to catoply with these sugges tions:and to postpone his measure. The Hoe: .3lember then withdrew his notice. • -Mr. I.IItOIVNLOW nroved for .returns of the (Grand of the city of Dublin, from the years 1796 to is 23, Mr. BROLAILIAM gave notice, that to-morrow fort.. l ie,' he Wouht bring fairstard a motion respecting the &Wises nt Jlnsil.tie in Ireland. BittliftsllAM . presented a petition from 300 pf idhslaitantsdSligo, coruplaintng -.hat, by a clause hi en' Net of Parliament (3 (leo. I I. !tee. 3) foeregnlating The:saltitun-hsivry near that town, a clause was intro lucid, which gave to an individual an exclaSire right of * The pi thitinsinere hid on the table: • The second reading of the Hill for the Sale of Genie, watirottponed to ThorsdaKnext- ' - " • . • CASH OF DORICHIVICII. Iffr: A RERCILOM BY, in rising to bring the ease of Menai Bortheirk under the attention of the House, vit. ,presi,edhis natiefactioe that the rime was arrived, when beemild redeem his pledge. and gratify the impatience of tbe-Learned fArd. the- Lord Advocate. For his part be entertains! the falkst confidence in the strength. of She case. lie had been sogoatled—oaltrosnlatral .so in dustriously throughout Scotland, that he- felt be world 'reopen to sumatenoneort %worst kind, if he shrink from bringing forward% iilidellon. He owed no aph los/ therefore to the ed Lord, forthus netting on his defence. it wee however necessary to espial* why he bid come forwiard at so late a period. hr the last Session he bad brought forward a potion connected With this an,hject, when he was defeated by a snejorit7 ; but even then it was admitted: Ilia there was a case Made oat for inquiry. He had moved for paperi from *Joanna, which were sent to the 'Secretary of State's , Office, bat were not laid on the table of the House.— The consequence was that he was eldiged to defer the 'consideration of the case to the present Sessiont and axed the 29th of April for bringing it forward.—How ever, in consequence of the pressure of lousiness, he Was unablcto bring the question before the House until alas pfesent tirne.• lie malted first of all to . state, that kt would bring forward nothing which was not to be' fonad in the papers before the House. The House need mat be reminded that the Lord Advocate had the rover bring to trial•whomsoever hi pleased. The Learned ttitid was vested with eztreortlinary powers, foe-the es. erase o which he was responsible to Parlianient.--- , The case w , I th he was about 'to bring under tile attention Of Pact Anent - wee shortly titbit—lt appearmithat Borth; wickles it partner *of a .person named Alexander, ante that tilt) , set up a paper called the ClydedaleVyarrnal 'Of this paper only one nntuber was printed, when the Pirtpers agreed to print another paper called the Glee gol Seigincl. Shortly after this paiter commenced, the partiit ceilaterte-1. to as Aissolittieu- of partnership, and intiltOlcartied that Alexander should retain the pro petit by pifying•to Borthwirk 201. and giving three hillllWitti timid security let 301: midi, at three, six, and dine months.' Alexander p aid the 20/. and gave the Arat bill without any secnrity. The consequence was, that Borthwick raiwd an action before the Magistrates ot (Hugon' 14ont the 0 pf December . The case was sc . diussed et great leng!).o. On the 14th of February fol lowing, the Magistrates decreed that Alexander should perform his part of the stipulation,. or that Borthwick should be put in possession of, the property. .Alex ander did not perform what he agreed to do, and the alternative of course was to take effect. Was the House there to be prevailed on to believe that in taking pus session of his property, .by virtue of the decree of the Magistrates, this person was eo.nmitting a felony ? Alexander himself had *set the question at rest by his affidavit, in which he admitted that the property was in Borthwick. Even had there been no proceeding before the Magistrates of lilasgow he would have wondered how it could he contended that the propery altsgrd to have been stolen was the property of Alexander. If the Magistrates even were serdng; it was n.) fault. of Borth wick, nor could he be said to be guilty of a felony, since the liweedon constituted the g olly . The decision I)...ing iiiarlebi . the - 1 4th February, - Beraek-It was enabled to to salad like possession of the proper:yin six days. The 'sit days were expired, bat 'Borthwick did not take pos. , seisiOn. But -..s.uething material did take place iu the ;Mean time. The agents of Borthwick wrote to the agents of Alexander to the following effect : --"-Gootle men, as Mr. B. has corme dowo from Hamilton to.ulay for the express• purpose of receiving the bills, withae (irily, from Mr. Alexander, and executed the assigna tion et corrected by Mr. Told with me yesterday, and as he now waits for that purpose, I world - be obliged by your stating whether Mr. Alexander is prepared fur the arrangement. Mr. Todd promised to turntsh me with, tbe name of the proposed securities this forenoon. .15th less the settlement is effected, Mr. Borthwick must of tours take the alternative of resuming possessio..'t Herr, therefore was sufficient notice oa the part of Borthwick, and the answer on the part of Alexander was, that he hoped time would be given nntil the Satur day following. So far, therefore, nobody disputed that Borthwick had the right to take sot ession, in case the teems were not complied with 'by Alexander. It appear ed that on the let of March Borthwick- took possession of the property. He went to the place in the ' morning, and took possession. If Alexander thought that he was acting wrong, he should have taken the opportunity of disputing the posseision at the time ; but instead of doing so, he went to liatu:lton, and procured that Borthwiek should be arrested.tor debt. Borthwick wcs apprehended and pot its Blaszow gaol, where be remained from the 2ii to theldth of March, 'and was then liberated. On the 11th he \sent again to resume possession, with two attorneys. At right o'clock In the morning be proceeded ,to take possession in the wpen-day, and in present: l ei : 4f .two witnesses. In the desks of which be had keys, he found the locks Lad been altered ; and in the meet open manner he sent for a smith to force open those places. Was this the act of a man who was about to be guilty of a theft? Would any man say that there was the least appearance of such a character without this transaction. • Further it ap peared, that Borthwick applied to the magistrates, com plaining that he had been obstructed in endesrouring to regain possession of his property.—He stated this, in order to show that he acted by advice. The next (la.:, however, Alexanti..r applied to the magistrates. Time case was heard at length. and the judgment of the Ma gistrates was, that Burtitivick be discharged, and even without hail. . Lord BINNING wished the lion. Gentlenan to refer to the place wtere the fact of Borthwiek's discharge was men tioned. Mr. ABERCROMBY sal I, that the fact was not stated In the returns. But it was a well knoivn circumstance ; . he as serted it: did the Noble Lord deny Vt. Let it be shown that Borthwick was not discharged, or not discharged without bail. . Lord BINNING.—The Hon. Member ought to produei the discharge. - - Mr. ABERCROMBY said he did not expect to be met by such objections: lie thought it enough, that a rain, who was summoned on a charge before a body of Magistrates, should. after a full hearing of thecase,be suffered to go at large. Ther e, ,was no doubt of the fact, that Borthwick proceeded' immediately to Edinburgh, and was in Dundee in the April: f o llowing. uie the Mit of March, all these proceedings. were. laid Wore Mr. liOpe. He should not comment on else papers laid before Alt. Wipe. All that was materiel for hits to know wits that Mr. Hope was in possession of rill that - took place before the Magistrates. The Lord, who was acqoalnted with all mat Mr. Hope had done, was re duced to this siteriutive, either tie meet have seen the whole of the proceedings; end thence Kermit that B or th w i c k was a proper person to he prosecuted„ ! oc, he had not been ac quainted with all those proceedings, and entered upon the prosecution in a state of ignorance as ti several most mate- rials facts. to either cast., it was impossible to defend the conduct of the Lord Advocate. Upon the papers laid before I him, Mr. Hope gave nil opinion, which conclude.l thus:— " And whether toe case ii one which is eat peteat before a criminet 4;4:mart, or to 'be tried at the public instance, are p..ints which cannot be well understood, unt 1 the precogni tion is completed. If the precognition points at other per- . -seas wan Ittirtliwiek-, as haviag carried away the papers, of : c oarse the charge is• more repitsant." Before this opinion wa s delivered it was quite evident that Mr.. Hope.was in possesaiou of the principal facts. Slow-it was possible that the charge• against Borthwick could have been aggra vile by other .persons being implicated in the alleged •••e yr ....NO • YU WILFIIOIO4IIIrUCC inure or a precoe nitionlaken at Glasgow, at the instance of a private party, , with eoneoerse of the proenretor fiscal, against a party of die name of Borthwick, which has been sent to me to read, brg that you will intimate to Mr. Biresoa, the procurator • , fiscal at. Gisagoe,..that it is the iutandialust.gessimt....t.thel. Crown Counsel, to take up the rase at the potato lustafee, and to direct 'them to proceed in completing the ievesticat Linn. without delay. and immediately to•petaaadirreatery the papers at Glasgow, in presanee efthemitnesses. Borth wick must be sent for, in each a way Zas to present hie escape and to hold Jim to bail." -IN s posiseript 'wadded, .• I•wish not a moment lost, in order that the case be Je time' fee the Circuit.", The question was, what were the muter'? t facts in the second papers that induced all this urgency, which WV& not contained in the first papers / Though t!:r+ business was is appearance conducted by Mr. Hope, yet' the Learned Lord was really and justly responsible; be cause he had the appointment of the Advocate's Depute. It was certain, at all events, that the Lord Advoe ite took a part a this affair from the bth of April.-- r When hp showed that the Learned Lord was cognizant of all that happened after the Mir of April, he thoer,t, that he was justified in codling upon the House to consia. r him as the only responsible person, though be aim ttr•t that Mr. Hope had• acknowledged and acted manfully Irs doing so, that he had probeeded at his own risk, and in dependently of the Lord Advocate, anti that by it he was ready to stand or fall ; but, at present, he contended dirt t tire Lord Advocate was the eoly pereenwho could appeer before the House as the responsible agent. On the bth of April, then, it appeared that the Lord Adv.cate had know* *hat had occurred, and that it was the int.oltioa of Mr. Hope to taireop the business. On the lit of April an ap plication was made for a warranttonrrest Itorthaick, which was granted, and he was afterwards arrested at Oun fee. it laming been communicated to the Lord advoette that he , ' wasaboat to proceed to that place; bin how the Lord A I. vacate obtained 'this information was not stet-4 in the curnenteon.the table, and he should be cad 'Si know wtin*- his infurrosals.wert. because, If they mime forward. he caul& • . prove to them that it was the intmiion of it arthw ick to pro. ceed to America. However, in the papers toe person ars-: • Attired responlible for this inforinat ion. On the 31.0 f AprA, 11 ) was arrorated,, aid:treated with an extraordinary degxer o o's.vet'lty. Iletnre pat in irons, and acloinpanied by ixr. sons with pistoli,, as ,if he had been guilty of the most heinous crime. There was sot one of the facts he stated last year which bad not bean admitted even by the persomi. rg4lust whom titecharges were tuade e end the only nitrifies- •-•-• wages to the degret3 of ,goilt wbielt was to he attached t. • diem. On the 3d then Borthwick was arrtsteet, an.! on ikw 4th he was committed to Edinburgh gaol, Now, k 3ppenr—,. • ed that. before Abe warrant of arrest was grantee!, Roils-. wick told the agents of the Crown that he was ryady to render if be would be afterwards set a:liberty, which ViZAr refused, and he was accordingly 'meted. However, he then applied to be released on the tender of bail, wide', wtes not acceded to by Mr. Hive. And now let the llos , e. bear in mini the character of the offence which wet met by this treatment—an offence upon which the most subtle ince fully could not put the .most remotely constructive act 91 felony, and yet.for such an offence this iodivillual was cam ; , mined to prison, and was refused to be liberated on bail, , If he bad been guilty of murder, or the greatest fence which man could be guilty, what mere amid beets., been done to him, than he had suffered for thokoffeeeg with which he was charge.'. norttiuletc having beef* in gaol and so treated, the day of trial was ixe;l ft.r the etth of April. three weeks after it appeared. the... , Learned Lord had been made semeninted with siteproceel- • logs which had taken place.. aid then on that day Mr. Hope said that he would desert the, thet pro, loco et . to. pure, that is, to postpone it a!,pleasercz 111(1 he Oki .4-t -that be would let him ant on fili4ll.lmbil, but t his Bottler.: • - wick's Counsel would not advise to accept, because • he could only take advantage:of it by running net hie • letters, by which he conlJ out gaze m:011, and in this • •Judge Aleadowbank agreed. Then, en the. 2fth Ibf.• April. B.wtleiricit a as recommitted, ar t:ie iiwance of the'' Lord Advocate, Ile would now come to the - most int, ' portent ility,the 4th of May,on.which most unman antalsior proceedings took place. la a letter strt'en by 11tr,. Mee, • and addressed to him, it was stated that Mr. Alexander's agents, cu the 4th of May, bad intimated to the agents of the Crown their intention to prosecute Borthwick, it tbe instance of Mr. Alexander, and fro:n that torment it be-.;• cute a prosecution at the snit of a private individual; and was no linger noder the control or guidanreOf theCroivii...- • . This, however, he begged to state, was net quite ecru. • rate. Then it appeared, according to , this' tistornent, that on the 4th of May, the Crow* had abandoned all in tention to proceed against BorthwiCk, and that Mr: Alexander's agent had apprised the agents of the Crotea • that they would proceed against him. It was a little re markable that the Lord Advocate should hive knows, • the intention of Mr. Alexander not to . prosecute, 9n tSw 4th of May, and yet that no reply n'as. gives till the. 6th. The following is M. Neveies letter, agent Tor Mr. Alexatitler,.to.the C:uwu agent:—" I aims now desired •by my client, Mr. Alexander; to apply to you for th'e • purpose of being informed whether it is theantentioa of the Lord Advocate to bring' Bortitst rt:IC to trial at • own instance, as, should he not •Aa so, Mr. Alex . wishes to indict him at his own instance, without any lay. I have further to request that yon would, as eat ly• convenient, furnish me it•itli the precozni:isnalretely had., that I may lay it before Cotutiel." Mr. ltollan.l.tb• Crown agent, replied as follow., on the 6th of " I received your.s of the 4th, and, as- it is not the 10- tention of his Majesty'j advocate to bring- Wilhelm Mare ray Borthwick to trial, I send you, as agent for Ituhert • • Alexander, precognition taken at Glasgow sad Edits.' burgh, at his instance, with the Minotes - and* petitions * and those productions which fornsed . no part of the" pro- , ductieis: in theJnsticiatT.Cettrt."—Thus it appeared that the Lord Advocate had, on the 4th of May, abandoned all proceedings ; and having come to that deteritainatiaq . why did he omit directing Borthwick to be immediately • discharged. No, so far from this, he was kept in prison from that day to the 4th of June, till he haul ran uut hii letters. and then he applied to be discharged as at the ill- •,‘. stance of the Lord Advocate, but was again cominived on .•': the same day, at the instance of Alexander—(hear, lieu) —and in these committals lie begged the House to CUP siderthere was • material difference as affecting Bort!i wick,. because the ford Advocate was responsible only to the Noose, and if Borthwick brought an action of &- usages foe false imprisonment, be could nut have brought k for any confinement be underwent peril, • ous to the 4th of June, the day on which he was - committed at the instance of Alexander. On the With of May Borthwick .was served ujtb notice of tri al at the instance of Alexander, and on the stole day Ms Stuart • was served with notice of List. This he mentioned to show that a sort of sympathy was ob served In the proceedings of both these trials. They were perfectly silent up to the 25th of May, and as if suddenly smittel witty the deibire of proseeuting, they served notices 00 these two parties, at the same time. Front the 4th of Jens to the lath, Borthwick was confined at the instance of Alexander. Ott the 10th Mr. Stuart was tried and ac quitted, and iu less than forty-eight hours after Borthwick tees discharged. without soy trial or any opportunity being . given hint of proving his innocence alter so long a confine ment.—(Hear, hear.) These facts were netessary to show the retht,inn and connection which elistott between the trials of Borthwick and Mr. Stuart, and that in the case of. -Borth% lett every thing was done to prejudice Me trial of . Stuart-. • Tne coincidence was so strong that the Leaned Lord mast have bden singularly unfortunate Willey °teem!' without his knowledge. if •Bortbwick could be tons Inpri sone.t and released at pleasure Without trial, there was so ;conger a;.y security for personal liberty in Scot, iiid. There wree many Member.' who took an active part in the pra t..tiling+ which grew out of the riots lit the theatre in DA , in, believing that oppression had been exercised agMait the parties ancuaed. aud.yet could tht it ease, even • ith the most aggravated circumstances, beat alt compared with the I , utferings of ilortlivrick ? Ile therefore hoped that those Members whonwera atisipas for the enjoyment of personal liberty In Irelartd,vrivuld now show their sincerity by extend log it to fizotland, If-these should pa's 3 over without ca.- 11, far, Ise is. fain Mei loci tin TIN I lee Kt led