The Statesman. — London, England, 1822-06-26 00:00:00

•• " a TRT STATESM A N . , f ' F J 11111 b ~--............. t rye .1 ve put odes, be thought he should abandon lii" ehe Oesdemee wise bed supported the Paper, in *Dower to d my by shrinking to bring the veldt seder the we& a latter from the Waiter. requesting *tether cabbed. dal whin of the House. He should state nothing to the The Gentleman said the Paper had been much injure Iby . Hoses without due consideration ; bat as it was noes- the injudicious and improper attacks It bed made npor sary far him to comment on the different facts, as be pro- individuals. This was the character of the Paper giver needed, 1 - 0 trusted that any expression he might utter it hymn who had been, and appeared to wish to be, on. not altogether warranted by the facts themselves, would of its supporters. The house were too well acjusiuted not be attributed to any improper feeling. He would with the melancholy result of the support which had hjinself be the first to retract such an expression. His been given to it by the Learned Lord; tbe death of Sir motion was in some measure connected with the late Alexander Boswell, and the deplorable affliction of his trial of Mr. James Stuart, but he should rely as little as widow and children. Copies of this recommendation of possible on the proceedings respecting that triaLthough the Lord Advocate were sent round to many ',cretins be thought there bad been in the count of them much cossetted with the Government or likely to entertain harsh and unnecessary delay. After explaining the de- the political opinions supported by the paper. Secret.) , lay which bad taken place in his owe motion, and which was enjoined, and each person was expressly directed be stated to have been occasioned by the proceedings to return the letter sant to him. Above NO of these bad against Bortliwick at Edinburgh, the Honourable been distributed, and only two of them were not return and Learned Member proceeded to state that he ed in conformity with the injunction of the letter. One should first bring under the notice of the House of these two was addressed to as highly respectable the powers, which were by law entrusted to the Lord Nobleman. who. it seemed, did not think it worth his Advocate of Scotland, in virtue of his office. He while to return the letter; and the other was addressed should then stare the facts with which the Learned to an equally respectable (Justinian, who, from carelen Lord and his Colleagues were connected, and the trans. habits, had neglected to return it. All this time it was actions is which they had been engaged with regard to to be observed that a Mr. Haydon. the Sheriff Depute the Press of Scotlan d; particularly noticing the oppres- of Lanark, a Member of the lepl profession. was the plo sion, which he contended bad been exercised In the case cipal writer in the paper; and by virtue of his office, he, of of Borthwick. Upon these be should not ask the house course, had judicial power in the County. He ehetlenged to come to any definitive opinion at present: He thought the Leareed Lord to deny, that he knew this fact at the dme he should make out a case which would irresistably call he signed the recommendation.—(Loud chiers from the fora Com:nitwit of Inquiry, and not until the hoses Opposition Beaches.)—This Mr. Hayden, therefore, le should be in possession of the Report of that Committee, his judicial character, might not improbably have bad would be ask them to come to any ultimate decision to decide upon proceedings brought against the Paper. whatever. First, then, addressing himself to the pew- for the very articles written by himself. Would the ere entrusted to the Lord Advocate—ln his person were Learned Lord, he repeated. deny that he knew the fad contained the powers of the ancient. Privy Council of of Mr. aikidos being the principal word' its this Paper Sauteed; powers which. before theVaioa, were exer• In November, 1820?—[The Lord Advocate here, as we, eised by the Lord Justice li I, the Lord Chief Justice understood , for we did not distinctly hear him, denied Clerk, and other high officers These powers were that he knew it 71—At ell events Mr. Hayden knew that claimed for the office of Lord Advocate in the year 1804, the Lord Advocate bad signed it.-(Cheers front the Op bf a Learned Lord who then held the office, but who positioa.)—This Mr. Haydon bad allowed limselfte be was now thi Lord President. These were extensive not the author of the most scandalous libels li s diet paper, to say dangerous, powers, and he did not mean to say in the writing of which he was enoouraged by the sir that the Lammed Lord would ever attempt to exercise nature of the Learned Lord. He new came to the ow them. One of them included the power of superseding ties of a paper more generally known by the public. the criminal jurisdiction of the country. and bringing lie meant the Beseoi, the history of which paper was the accused to trial before the Council as a special Court. shortly this. la 1821, a Resolution at Edinburgh There was scarcely any great act of outrage or injustice bad been framed, professing to establish a new paper noticed Id the history of Scotland which was not refer- to be called the " &wear and every endeavour able to the exercise of those powers. However, the was made to obtain signature* Seiko Besolstion ; and Learned Lord was in practice the public prosecutor. He a number was obtained, greater, be believed, than that could bring a man to trial without the previous sanction ever obtained for the establlsbarot of apetpie in that of a Grand Jury ; and though his power was partially re- part of the country. As malty es 616 sisal were ob sttained by an Act of Parliament of the year 1761, or- tained ; a number, which be was sadd led. could be at daini ng that he should bring the accused to trial within 60 tributed only to the active interference of the Learned days, he bad the power of postponement, by various de- Lord. It was proposed to open a banking account, to lays, to the extent of 140 dayr, the whole of which time meet the expose** which would aroesearily be incurred be could retain a man in custody without bringing hiss in the workingof the Paper ; and the boast of Sir W. to trial, although that man might afterwards prove to Forbes and Co. was applied to for that purpose. That be innocent of the offence charged against him. It was house, however, decliaed opening the account without tree that a private individual might cosmoses public a guarantee to answer any loss which Wight be sustained prosecutions ; bat this right was shackled by so many by answering the demands of the Paper; and me this remnants, that it was seldom er ever pat in force. The occasion, a bead, or guarantee was entered into. signed private prosecutor was liable to pay all @apts.:es if he by several persons, whose names he had In his bands; failed, and for them he could be compelled to give seta- but be should only mention the mamas of those who held rift/. He could be compelled to swear that be believed official situations. First, there was the Learned Lord. then , in the truth of the accusation; and, above all, be could the Solicitor-General, who alto held the judicial not prosecute at all, maws he could sbew that he bad situation of Advocate and Sherif Depute for the enmity sustained a personal injury from the offence. This was of Portia, Mr. Hope. an Advocate Depute; Sir Walter an outline of the powers placed in the hands of the Lord Scats s Depute;MstwW Mr. Home Drummond, a Mein- Advocate. The Lord Advocate and Solicitor-Omen' bar if tbat Illealkaad the Lord Provost of Edinbarck. were of coarse appointed by the Crown; and *stonier He wield, be be able to show that these Oen bad the privilege of appointing Advocates Deputy to domes bed made propleters of the Beacon. represent him on the several circuits. and to exercise The of ibis paper was, fa eabetaaos, that those Buoy of his powers; and he might here inform the who it wished to omtatemmee b ite l zer and the house that his motion related to the conduct of the Its prieelples. bat to disclaim all il which bombeesse Lord Advocate, the Solicitor-Oeneral , sad two of the they adrabded; eo that If the rest ortbspaper fell Advocates Deputy. The house and all Nokia; see short ellbe lure, the ea bound Inlaid agree with him in saying, that is properties to to pay a coetribution. woe , therefore, a the magnitude of these should be the vigilance of the cadent bested sweat for die 'esta-ente of coarse bosom nod the public in wide; glair ezer._ it gives, it: the bops that th e essay _eat have esis should be observed too, that in some lasi $h *fee ,!w Pre anintlefts though . dm j te d l i c ti st yot ex• of Lord Advocate was a judicial o ffi ce aso that if there :putt to receive. The paper, la fut. was her set • ever was a case in which great temper, forbear- up by this bead, and by withdrawing their names, the &ace, and judicial dignity of conduct tto be united snimcribers might at any time have pet an end to the In the same person—it was is him who lied the office Raper. So mach for the matter of pecuniary account. of Lord Advocate. Above all. they had a right to ex- The next armed*, was. bow was this paper condacted ? poet that he would never interfere in any matter which He would is this case also not ask the house to take his be might reasonably think would come before him in his °pleb's. He would give them better authority. One of judicial capacity. 14 for instance, he observed the din- the Gentle Ben who had signed the Bond, disapproving semisation of labels, seditious, or blasphemous, or tend-, very much of the way la which the paper was conducted, Ing to any breach of the peace, and especially to that wrote a note of remonstrance to the Editor; and this not which might end Is murder, it became his duty to Inter- being attended to, be withdrew his mane; and never fere to punish the offender, or to prevent the mischief. afterwards suffered the Paper to be brought into his Unfortunately, however. his (Mr. A.'s) charge against bean. He (Mr. A.) might select many of the libels the Learned Lord, was of a crime of commission, and issued in this paper; but be .should not go through not of omission. He charged the Learned Lord with them. Some of f r o m were in 'siltation of the ancient having send his patronage, his money. and the sanction Scottish songs, and might eel be Intelligible to the of his high office, to the encouragement and main- English Members. They might, however, very safely trance of a regnlar system of calumny, in the shape of be characterised as grsee, widger.ead such as could never libels on individuals ; a crime rendered the more grave he written by any poison who bad a right to call him and serious when It was remembered that the Learned self a Gentleman. These libels emend the publishers of Lord was also a co-exisdag Secretary of State for the the piper to be paresedby some of the individuals who Home Department, inasmuch as he was the regular were libelled; sad led to an inquiry as to who were the official communicant with the Home Secretary upon all promoters and sepporeen of the paper. The moment matters respecting the internal government of Scotland. the Learned Lord and dm ethers were discovered, it was lie should here inform the house, that since the Union. found that the purer meld net exist. It scarcely sur- Scotland having lost its Parliament, the principal at- rived the discovery of its supporters—(A laugh.)—On traction in its capital was the Bar, which could boast of this di' , however, a correspondence was opened having among its members men of first rate talent and between the Lord and some of the Gentlemen education, and of the highest . possible character, and who bad bees libelled in the pa and op the answers those, of course, possessed cons i derable influence in the of the Learned Lewd to the a ppl ications made to him on country. The number was from 150 to 200 ; and it was this sabjeccisentod a part of his defence, it became im to be observed that the Lord Advocate had the patron- portant to madder it. And here he admitted at once, age of 80 places, to be distributed among members of that if the detests set up by the Learaed Lord was oaf the Bar. l'he home, therefore, were able to judge of ficient in either a legal or moral point of view. there the good or the 11l which might be worked accordingly would be so foundation for the modes, which he (Mr. as this patronage was well or ill directed. He should A.) should/ submit to the 6°sec—ft should wariest the proceed to inform the house that in the year 1820 there attention of the house to the letter of Leanne Lord, was a parr in Scotland of very limited circulation, in answer to the application from Mr.jamee 'Mart.— called the Clydesdale Journal, which was afterwards no. The Learned Lord said, that be bad sever any intention moved to tilasgow, under the name of the Glasgow Sea- to give countenance to the circulation . of libels , still less tine!. i t was set on foot by several gentlemen in the to that of libels on individuals . That al lie support hebad neighbourhood, bat it was nearly expiring when the gives to the Beeves newspaper reteremiluakety to the Lord Advocate add other gentlemen gave their support political principles of the paper. The Learned LOW in a circular letter, recommending the paper, and it was true, professed to disapprove of attacks upon pd. stating their wish to promote its circulation, with a rate character; but let the 'lease only look at the she view to counteract the effect of many publications racter of the S entinel newspaper. which bad been which were were distributed through the country, and ad- viously countenanced by the Noble Lord.—(Clicers from dressed particularly for bad purposes to the seder- the Opposition.)—Let them look at the principles of that standings of the lower classes. The paper was signed paper since it had received the support of the Learned by the Learned Lord on or about the 20th of November, Lord. Unless the Learned Lord could skew that be bad 1820; and it therefore became a natural question, what taken steps to prevent the Defeats continuing its libel was the spirit in which this paper was condacted pre- lou course, he must be considered as a supporter of it. 'hies to that day I Were its principles correct, and was The Loused Lord must be judged as other men would it judiciously conducted, so as to *moot the appro. be judged; and it appeared that the paper in question bation of the Learned Lord; if. indeed, under any cir- had owed its existence and its death to the Learned Lord cumstances, he ought to harp lent his support to any The Learned Lord. is his letter to r. Stuart, continued publication of a political tendency.—(Hear, hear.)—He —he bad he said no share whatever in the conduct of (Mr. A.) had seen extracts from previous numbers of the paper, bathe thought that his withdrawing his name this paper; and he declared that they contained libels while proceedings were pending against it would have against individuals as gross as could possibly be the appearance of a desire on his part to shelter himself imagined. They imputed motives of h , die- from pecuniary consequences. He also said that he had loyalty, and treachery, to many respectable individuals; not seen the articles complained of until his attention and, among them, to Members of that House respecting bad been drawn to them. Now he (Mr. A.) could prove their conduct in Parliament. 'I his .vas particularly re- that the numbers of the Beaton were regularly sent to markable. upon an occasion wit, rein the majority of the Learned Lord; and though be of coarse could not the House had agreed with the proposition of the prove that the Leaned Lord had read them. he sup- Member who was the principal object of attack. He posed the presumption was, that a person who ordered meant his Noble Friend the Member for Leaark (Lord a newspaper to be forwarded to him. nod that paper. A. Hamilton.) The conduct imputed to those respect- His case, however, did not stop here. The other night able individuals was such, that, if true, it diemtalified he (the Learned Lord opposed a bill of an Hon. Friend then from keeping the company of Gentlemen. lie would of his (Mr. Kennedy) respecting the judicature of Scot not, however, ask the House to take his opinion us to land. When he went home he happened to turn over Vie character of these extracts. He would give them the files of the Beacon newspaper, and there he observed much better authority. He had a letter written by one of in one of the numbers an article beaded " Mr. Ken- sedy's Bill." which contained all die . arguments urged by the Noble Lord the other night against the Bill; at enussot for argument and illustration for illustration.— (A laugh.)—The article might really have been cut out, and sent to a newspaper as a faithful report of the Learned Lord's speech. He mentioned this as a very singular coincidence, just to sbew that there was every appearance of the Learned Lord being familiar to tie paper. However, the Learned Lord afterwards, notwith. standing what he had said of disdaining a wish to shrink from pecuniary consequences, did Ritually afterwards withdraw his name, and gave ass reason for doing so, that as action had been, "r was about to be commenced against him as a proprietor. If the subscribers to the bond in question were legally liable, as proprietors, they must be considered as responsible for every thing which appeared in the paper. If the Learned Lord him self were to prosecute the proprietor of a newspaper for a seditious libel contained in the paper. he could sot ad mit it to be answer to the charge that the proprietor was ignorant of the insertion of the libel. This position had been established in the case of Captain Johnson, who in the year IP2 was brought before the Court of Justici ary for a contempt of that Court, committed in refire tions upon proceedings. Captain Johnson proved that be wee not the author of the libel; but being the proprietor of the paper, he was held responsible for the contents of it, aml punished. In the present case the Learned Lord was distinctly charged as a proprietor. How could the Learned Lord proceed criminally against other proprietors fur libels if be were not b.mself held responsible in the present instance? When the Learned Lord pleaded against Mr. Stuart on a late occasioa s could he possibly forget that his interference had ib a great measure been the cause of the cruel necessity which bad driven Mr. Stuart to vindicate his hoooor. The article la the Beacon referring to Mr. Stuart, was a libel trading di rectly to a breach of the peace. In other articles it was stated, that there would be no concealment, tad that the writers were willing to come forward and avow them selves; and therefore while the papercontianed, it had e right to call itself a gentlemanly paper."—(Cheers and laughter.)—When Mr. Stuart brought actions against the publishers of the paper, he was assailed by fresh libels, and accused of the most glaring cowardice; the written defence to these actions, signed by Mr. Mac neil and the other Advocate for the defenders, stated that these articles did not go beyond the bounds of news paper discussion.—(Hear, hear from the Opposition.)— He was, however, happy to say, that this defence had not yet come before :he Court. When It did, belied nodoubt it would be overruled. He had yet that to state, with re spect to which the conduct of the Learned Lord Adv.& cats had been. to use the mildest term, the most objec tionable that had ever been imputed to the holder of a situation like that which he tilled. He particularly called upon the House to give their attention to a plain statement of the case. Ili would submit it to them without observation and doing so he felt confident that it would come house to their feelings with a degree of force which the most splendid eloquence would labour in veto to supply. The case was tinted Mr. W. Mur ray Borthwick, Mr. Borthwick bad been ht. part pro pnetor and editor of a newspaper. is which character he had at first been honoured with the countenance of the Learned Lord. Mr. Borthwick had some concerns with Mr. Alexander, who was for some time his partner.— In 1821 they carried on between diem the Seatiael df Glasgow. On the 14th of November, in that year, dlr. l Bortbwick and Mr. Alexander agreed to dissolve their partnership. The conditions on which Mr. Borthwick was to give up his share to Mr. Alexander were these: that he should receive twenty pounds in money and ninety pounds in bills. which' were to be delivered by the Bth of December. Mr. Alexander paid 'wady pounds, and gave one bill to a small amount, which, - however, was good for nothing. Mr. Alexander not having COCO• pliedwith the terms of the agreement which bag beefs made, Mr. Bortbwick finding he could sot gal. the sonsileration fee ethieth be had .te his interest in the paper, on the 18th of in stituted certain proceeding.' before the Magistrates of Glasgow, the object of which was to these Mr. Alex ander to carry the contract into execedits. or to rein state biro (Mr. Borthwick) is that property which be had proposed to relimptieb. On the very day on which Mr. Borthwick gave notice to Mr. Alexander that he was about to proceed in the way which he (Mr. Aber cromby) had mentioned. on that day, and sot before, did Mr. Alexander take steps to advertise the dissolation of their partnership, Mr. !forthwith took the course which he had stated. and which la effect said to Mr. Alexander either perform your agreement, or let ate be reinstated in my property. To abridge as much as possible, he would pass over the intermediate proceed. togs and go at once to the decision of the Magistrates on the appeal made to them by Mr. Borthwick. Oa the 14th February, the Magistrates ?rammed this deci sion. that the Defendant, Mr. Alexander. should deliver the Bills with the securities which he had engaged to furnish to Mr. Borthwick within six days.or Mr. Borth wick, availing himself of the other alternative, was to be reinstated as a partner in the concern. The six days expired on the 20th February. Mr. Alexander had not fulfilled the terms of his agreement. and Mr. Borthwick therefore felt himself is a situation to re-enter and take possession of that propeety. which, by a competent jurisdiction, bad been deckled to be his. He applied to the Magistrates for a warrant to enter upon the premises. The warrant was granted. Mr. Alexander know of this on the 20th Feb. but Mr. Borthwick delayed acting on this till the let of March. On that day he re-entered on his own premises. There he remained for seven hours. Mr. Alexander offered no opposition but by signs of ill humour and marks of dis respect. Bat Mr. Borthwick carried of one key . a some papers, whisk as a joint proprietor he had a ri d ght to do, and manacles to the woekatea that he would re turn at an early boar to resume the direction of the con cern. When Mr. Bortbwick acted thee, if be bad no right to do so, why did not Mr. Alexander at once take the course which he afterwards took. Mr. Borthwick was as guilty of theft when he acted the part which he had described on theist of March. as hewn on the ilth. but at the former period it never occurred to Mr. Alex ander to prefer such a charge. On the 2d of March, Mr. Alexander got Mr. Borthwick imprisoned for debt in the Jail of Glasgow. Then he remained till the 10th, when he was released, and on the 11th be resumed the management of his office, acting on the warrant which he bad obtained from the Magistrates, to enable him to do so, Mr. Alexander. finding his scheme had failed, opposed Mr. Borthwick on his Mare. Mr. Borthwick, however, acted as before. carrying off such papers from the premises as he thought proper. Now. after acting thus, he (Mr. Abercromby) entreated the house to mark what was the first step taken by Mr. Bortbwick. His first step was to proclaim the theft (if each it were) which he bad committed. by applying to the Magistrates to record what he had dose. stating to them.** 1 have done so and so. and would have done more had not Mr. Alexander and others intermitted me, in consequence el which I now call on you to interfere." But is the course of that day &m other remarkable step was taken. He knew sot by whose advice Mr. Alexander had acted, but on that day it occurred to him that it would be advise able to accuse Mr. Borthwick of stealing that which had been decided to be his own property. Such a charge mast be preferred by the Procerater Fiscal oa his owe responsibility, or by the party complalaing with the CODCUMNICO of the reocarator Fiscal. Now what was the course taken by' Mr. Alexander? In the first place the prosecution was topresested to be instituted by the Procurator Fiscal &one. What did the Procurator do • ""r" . = 1 11.7 4 4 r -411 i °' ti 1 when he saw this? He altered the document, so tS. t it should appear the proceeding was instituted by Mr. Alexander, with bis concurrence. He did more than these: feeling from what be observed that it was probable all was Out right, he wrote on it " co o . marred with" only. and signed it. It was teen that the first person to whom the pa...et was shame was so struck with the course which I.ri heen pursued, that he was anxious to avert the idea that it rested on his resp oas i. bility. Mr. Borth wick was taken before the Magistrates of Ulasgow, sad they, the only impartial Judges before whom the carp had been brought, or ever would b e brought, decided that there was no foundation whatever for the charge. Mr. Biotite irk then west to Edinburib, whore he • be able to prove, if permitted to du so, that he had lived without c.mcealment. Ile must flew leave Mr. Borthwick fur a time, to advert to the conduct pursued by othersoirith whom it had become an object of importance to obtain the contrail' of certain papers. A proceeding had beau commenced fur that purpose. Mr. Stuart had been examined on this subject before tbeShe. riff. Ev e ry effort 'sac 111111611 g to obtain tlicse paw s when the duel between Mr. Stnart and Sir A. Boswelr opened a new course of things to the paries. lie particularlr to call the attention ot the house to the fact that every part of the proceeding before the Sheriff of Edinburgh passed under the observation of 3lr. MsNeil, who acted as Counsel ior Mr..llese n de r' who was well aware of what had taken place bef ore th e Ma gistrates of (Bascule. and aware that they had acquitted Mr. Borthwick of all participation in the crime basic!' bad been laid to his charge. The else was one in which from the beginning to end nothing hod occurred to change the colour of the transaction which it involved, and there was therefore no possibitity,setting ap the plea of being misled. On the of April klr.Borthwick was arrested under the pretext that he was shout to fly front justice and make his escape to America. Now it such were the intention of a person in his situation, it did not immediately suggest keen' to the skid why be should be found on the eastern part of Scot land. Mr. Borthwick was arrested on the 34 of April, and immediately pot in irons.—Olear, hear.) — He was manacled with irons which were is., small ter him. and which in consequence subjected him to much suffering and inconvenience. This was not all. Ile was carried from the plans where the arrest was made, to &Ashore', between two armed persons, as though he had been the most odious and desperate crius'aal is osistence. He was denied all access to his friends, and, in other respects, treated with mach severity. This was the course pursued towards a man accused merely of stealing his owls property—in whose favour the Ma distrates bad already decided, and whom no man had ared to bring to trial. He was treated as this worst of malefactors. He applied for levee to pot in bail bat was refused. On the 6th of April he was indicted, and the 24th was named for the trial. On that day the Learned Lord came into Coed, bet the public prosecutor did set think fit to bring on the trial. Every effort was 01140 by the Counsel for Mr. Borthatick to provoke the oppo site party to proceed without delay. Mr. Hope on ibis occasion said, pre loco d tempers. he deserted the diet, that was, be declared of his owe free will and ;demure be would not then go en with the trial. Mr. Hope. however, in his mercy had said, " If you choose to go out on small hail I shall not object to it." He (Mr. Abercrowelsy) on this subject, seed oily state what had been the answer of Mr. Borthrwicit's Corsage!, and be begged that it might always be remembered that the ease was one between the Law Astborities of Scotlanti, end a man accused of stealiv his own property. The reply of Mr. Cockboro, Mr. Botbwick's Counsel. to Mr. Hope. wan—" f cannot advise my client to take the be nefit of this offer." (And why could not the Learned °intimate so advise Mr. liorthwick ?) " because if be takes the bowie of it, he must loseunder the Act of 1701, all chance of ever getting rid of this charge." He coult only get rid slit by being tried sodne the preaept which had been hosed. and Mr. Bortinekb therefore asid e = 1 't of no mercy Nem yes—.l can may avail my ' of tbet 'MA is neared to me *oiler an Act of Par. litmus." Ile remained in prison till forty days boil passed. Oa the day when that period exp i red, She. Borthwick applied to the Court of Justiciary, and claimed to be discharged under tho Act of 1701. He said he had a right to be liberated usder that Act. So said the Judges, but then a new charge was preferred by Mr. Alexander, with the concurrence of the Noble Lord. which was in fact the same which the Magistrates of Glasgow had in the outset declared to be grosailleu.— The Learned Lord world tell him that be had ao option in this matter. and was bound to cosistr, when a charge was preferred. This bed bees called in question by Afr. Hume, who had contended, in particular cases, the Lord Advocate might refuse to costar, aid reserve his reason. for doing so, till called on to state them before the Court of Justiciary. in which Court, the party complaining of such non.conurrence, might ask a remedy. Here was a case, in which after an iedividaal bad been confined for forty days, a charge knows to be groundless was pre ferred, and the party detained for a crime of which he could not by possibility have been guilty. The charge had been dismissed by the Glasgow Magistrates when originally preferred, and with a knowledge of this the Noble Lord had suffered it to extend the confinement of Mr. Borthwick. Owed God! slider such circumstances was it for the Leaned Lord tosountessace • charge which it weed**, the pram who made it could only prefer it in a spirit of the must diabolical penocation.—(Hear.)— Was it to be endured that the Lord Advocate shield be all powerful in Scotland for every purpose bat that of standing between an individual and injustice and op pression I—(Hear D—ln such a cue he (31r. Abrrcrom by) must agree with Mr. Hume, that the Lord Advocate ought to have withheld his concurrence, and havesliewa his reasons for doing so before the Court of Justiciary. That which he bad described, it was to be remembered had taken place in a country where there was tio brand Jury—where all was done on the responsibility of the Learned Lord, who was only responsible to that house. N. mow asked the Learned Lord, if he thawed Mr. Borthwick innocent, why he did not discharge him if be thought bins guilty, why suffer Mr. Alexander to interfere? This was the case of Mr. Borthwiek, with Me exception of one very singular fact, which was this, that immediately after the trial of Mr. Stuart, Mr. Borth wick had been released. IVithin 48 boors after Mr. Stuart', acquittal, without being brought face to Mee with the Learned Lord, without any sort of trial, this aalortaaata man had been liberated, after enduring a coafieement of seventy day's duration.—(Hear, hear.) — In 1820, Mr. Borthwick was patronised by the Learned Lord, who had written to him, " I shall be happy if l can be instrumental in getting the Uovernment adrer vertisements for you." This the Learned Lord knew to be so. In int, this Learned Lord had written in praise of his paper. But when Ale. Borthwirk became alum stroment to expose those who were engaged in libelling his Learned Friend, then he was imprisoned, put in irons, and treated like the worst of malefactors. Be Pot it to the house, if it were not clear that the proceed ings which had tales place with respect to Mr. Borth wick, were not intended to prejudice Mr. Stuart on his trial. Mr. Stuart had been examined on the subject of them, which had indeed formed a part of the indict ment. That part of it, however, the Lord Justice Clerk had said, was not only not proved, but was actually the' proved. He complained of the course taken on the late trial, in which a Learned Counsel sprang up at the elms 4f the examination of each witness to desire that all might be sent out of court, because he intended to co mine them on the ensuing Monday. This bad bees Tr pealed after each examination, et the Leonia 1414 was hardly out of Scotland b efore the iatliTiallals nig 4: