The Sun. — London, England, 1804-06-23 00:00:00

' I 1 could- only be achieves] ty %ifs' Yoitinttersi and it t • • , appeared more probable sll4t.they Would land .i n t h e iN:',rthi. than direct their attacks, agaiest Etiinbofeh • tself, Those are the observations I have to .older I: respeaing the itatrof Scotland at 'that time,' -as td . i the inf ormat i ons which we had received. Letters had . been -received by all the . ,Lor k ts .lieutenant 'of Coon ties, from the Secretary of State; that theinforma tion of Government- was' such, that an immediate attempt waS to be expo led on the parts of ,the Enemy ;., this infortnation arrived in,Scotlayd only a , few day s before my, writing.thidetter. Lord Moira attached such credit to it, that he would :not sleep otit of Edinburgh a ,single nighr, .and positively re- . . Inset] to pass a ni g h t at balkeithl o nly s i x m il es d i s - tan!) for . ftat;-:ih case of invasi•ni,it to - the delay ol'an hour i n g i v i n g orders to the troops t o March. He conferred -with, me. upon the ,subjed ;- and I, too,.considered the Country, in such, a crisis, that though it Was in'ille - Chtisstmas-holidaTi when . • i , every . body left Edinburgh that•could leaveit,•l did • not think it safe to sleep a nillr•(?kkt of the town. Such was our op i n i on at.the iime in which I, wrote that Ittte.r.; anti I declare . , sir, upc,, , n4o,y honour, that lAlien I wrOte'ir, I did expea the•Frencli would land in Scotland before' the Sheriff of..llanffshiro had. rei. tstiVed my letter.. 'Under such circumstantes, 1110 • lint ao-tottch .speak of th e legality of the as of: • the ne cess i ty o f . i t. .I time now. to speak of the na , tu f t and duties of the -situation of Lord Advocate of Scotland' : i t i s b y no mean s art office so dry, formal, • and precise in-iis diture, as the office of A ttotney Gs- Inctal in England. The power's of a Lord,Advocate . ..:•e not-ems-id). defined : I wish that' the Hon,Gentle 7.. . man'e; , uld . 'dtfine thein, as there are - no . burden's lie could possibly -lay on in; which I suyose:woulii. be equal: to. what are, in Invortiniott, The 'duties of it Lnrd Advocate, 'Formerly the - Gov.eintrient .of Scotland was carried on by a, Cabinet Council; cont.: Posen] of the gieat OrTicers of State. About the time of•WilliaM 111. the Privy Council of Scotland was abolished,. the OffiCes of Chancellor and Lord Justice 'G ener al we re . also ','abolished, and - the • - whole power's - of th resident Government 'of ; Scotland - devolved . upons the' Lord 4,diocite and . I Lotil justice Clerk; btit note the L:erd justic6Clerk is m ere l y a Criminal „judge, and the Lord. Ad: vacat e in Scotland eXereises th 6 whole',peiwer of the Government. Every ditThrent department of Govern ment looks to in for advice.and. as s i stance, e ven i n 141111,ity matters which arernost foreign my pro, fe:isi ieal s tu di es ; the Gent. I's of FOreesto daily Con. fir .withrne , and.ioA for MyadVice and assistance. i This bu rt h en i s ' now indeed considerably 'lighten. ed. by the .Noblerrian who, is the Cor,ainander- in Chiefof ;lie Forces the're.'at.Plesent.;—ht, to all that military knowledge and taleritswhich 'I do not *Pos, sess, adds all the civil ind.politiCal.knowledge whiCh , • 1 %%Sold otherwise be exOedids-to contribute. He has. conceived 19 insplre,Seotland,withthe most en- thusiostic ardour ,to iepel.any" enemy 'that Shall dare ; , to illi , :ade it, an d witti tlie_utmost confidence in, his -talents, and affedion forehiinself p y erionall •a.s. lam convinced .he • would with plealture. shed hi's , blood in the .defence of that _Country, i.vhieli liar been entrusedto him,- - sal am convinced that: the people of Scotland would . 'Vvirli equal, pleasure -encoun. ter all the dangers of, battle to add to . his Well earned military tame. ' I take then, pride to my Tenuptry., ln stating the •distirlifished reception that .Nbleman.has' met with there, and pi : ide_to myself .in 'blasting .of, his friendshi t . . Had I „been that wicked arid om'Asive.man I tli . ,lt I have beerr represented to be.----liad I been that despiser' . _ . of law, and enemy to, •'personal liberty: that fam drip to be, could 1. - nOvv . boast" of the friend- ' i chip of Earl IVIoItA ? ...I appeal to r that re.. tsPeaed Nobleman, •whether), under ,tnY Admini--- 41.6- tiOri 6r The Giireitifili n q the People of Sant - land do Jive in tha which t ~ the abjed and .degraded-situation has _ been represented i To jud ge r i g h t l y 441 Polio of ,Legislatio n , S cotland is, in a man_ an independent kingdom. 'ln England, the dif :ferent departments of the State arc so arranged, that ev ery body knows where-he. ShOuld 'apply .on any -emergeney; It is n o i• s o i n Se n t lapd-..- The weight - of all the -departments' dr th e - State- rests .upon' -the !houldets of the 'Lord Atheacate.. If I haVewritten -oneletter, I have Written-ar least eight hundred let:. tones to iVlagistrates, with ter a to - trie instr ) dainns rue=sdo'mfroemidGeao.voefrninhieenpt.owPlln o rder . to give t h e wets which have been always assumed by the Lord Advotate s of -Scotland; inning shall m en ti on one or two instances • ---In the be.. sng of the American War, the Lord 'Advocate of that time hearing that there were many vessels ]motet} td America, full of emigrants, and who, he conceived, would be forced • into the AMerican events be lost to tkeir Country, assumed' upon himself of laying those vessels under an absolute embarg o ; and for so doing, he not only receiv 'edan ihclemnity, but the Thanks of Parliament. My -predecessor in, the orce wai certainly never reckon- ed'aliarsla or oppressniv the r6p o „,ib ility on i e. man, ,and'yet he has taken he mnself for an ad law - is felony : which . by , letter being put in the receiving certain informatini of . a burgh, Post Offiee at Perth for - Fdtri_ whiCh he apprehended to be 'Of important eausequence to the State,. did not he - s . irate, 'own' r esponsibility, .to did it roken'outupon his of - the ' host: < ) ffi . et: it was (HS:letter ivilia lid to the dis vo_v_e'fy' and ekect:tion of the-Traitor Watts. I my.. toett,f,, havin g once' learnt that ' seve - ral veseli were en hoa r d a b ove ~ 1 . 1- W ' ' the" point °F "ilin b 'b" lsr A - ericl • which bad not a f.ltrk.... of t h e provisions • • ' " neces.Eary. f ur . la . i L th e Hersto serv e ti n •the - voyage, Positively lt. t,-,,,,,... , . , 1 . , -. unuer-an e m barg o , ' until rho Captain shup'sa-tisly the Custon - Nlieu se Officers of having taken a sufficient .quantity-of rrovisions-for the-vo.y 4e, 'and . since 1,11,1 t time I have•had the satisfaftion 01' finding that an Aft of-Parliament has been'pasSed !141 pieve nt such prJaices for the future, Again, but I di 2 that Case, I aaed, perh ap s', contrary : to law, did not think i t detimi t necessary to ask f or an in . Y• Again, i n th e , t i me of the rpsurredion in jr:elinti, last year (I will not dignifrit wit'hibe name ,. of'Reb t liims,), I th ou fiv es ' A ght irpeoliabl e Jhat many mgt.. ould . come to bcottind'; TrecOlretta-t,,lat . °J .I . a. fUtiner' ovc,a.sio n . thp, Itishilovemirteng. %.,,o u Id n . -ot all any p(rson to leave- tir.ii'COtmtryl,witittiut Pdrr.""s) liters wa s no liii= iii-'-tiii;nd-zie-11 re , it qkt4rd ti.e la-w -of such paispartsi..buti. took !Tun 10 u:ln'responSibility to 'order thatriol)er _ gall c 4 rn i ut - r-atb . are lioti •wi tho - ut .a pa&spott 51 . , , w):4 I be suffered to land in Scotland. I knew that there was tip positive la w , which gay; me .povrer'to do so; ' and that not - hiving applted for an indemnity; I may. . b e - now- liable to aaions -of damages from many of those people who by my orders were pro. , hibited from landing ; ' but still I coneeied it was ~ .my duty, and that it is the duty of a , Lard Advo. eat.'-ot. Scotland, Who , unites in himself ,the ,powers orthe Government, to act decidedly in all such cases, where the State is in danger, upon his own respon. sibilitr. -I will till the Hun. Gentleman fairly,, 'that if his : Mdtioti does not depri'Ve me of my Place, I shall af again and again in the same manner, under similar circumstances; , Applying:lbis' prin'ciple to - the present - case, I must Mention:, that in 061ober Ifrst,' after .catiferti'ng with General' Vyst, then -our Military 'Commander; we - weft- agreed, that if the • Enemy shoed' land; there ciught•tri be immediately a Commission for declaring Martial Law in Scdt. land. .: Such - Commission - ought to have been sent down - to me solely, or to me in ccinjunaion with otherS, I stated this to His Majesty's Ministers, and I added, that if I received an answer from theta eon ' fidentially, I was content co:- burn their Letter,' and aft upon- di) , own responsibility-. I should certainly, if the Enemy had, landed in Scotland,. have - taken upon myself the respo :sibility of declaring Martial Law.- If the House are now • disposed to resit-id :iii- responsibility; and take upon themselves- the office of Lord Advocate of•SCotland; I; for my part, -shall . feel - much obliged to them. The alarm .at 1 Edinburgh was then so great, and such wets the distribution Of the -forces, that it would have been • iinposs:i*..to have defended Edinburgh against a body of .sooo.r.nen,.. The Rankers were among the must .alarmed, and. the foremost to (pit the town. ,I certainly, considered, that if Edinburgh should _he. .taken, and twenty thousand men, assemble in' the neighbourhocid of it. in, a few days without pay, the: consequences: would= - have' been, ,dreadin.l.—l, therefote, had resolved on the measures which, in Inch case, it would be •necessary to take.. If, . then, , in the case . '.of aaual 'invasion (and cer taioly it teas only- in . case of aanal invasion that . - rny' orders were . to ,be. executed), 'Mr. IMcirrison hao been imprisoned, =it does not follow that, that would be an aft ec. of injustice. anppression. - It waftnot always oppres:don to , imprison , persons suspected of treason. There are many_ persons - who now hold their- hea'ds very high, and whose: heads should be Lowered,.' that have ftind a temporary imprisonment, which kept them - from - mischief, was no such serious oppression. . The opinion I gave as a Lawyer , might or tn i g h t not b e a libel, which would subject Me to a civil action, but certainly is . not a hatter 'worthy of the Considera. tiOn.Of Parliament. The Memorial of Garrow had . nothing to do with the cliaratler of Morrison ; there, fore it may be suppbsed I had some farther infortna- ' tion. :The Sheriff-Substitute - of the .CountY, Whose business officially it is to report to me whatever_re laled.tO the internal police or defence ofT the. County, did report to me, that this conduct of Mprriacindiall, produced 'the "Worst-passible effeek.among the Volun . .. ,leers of his neighbourhood.. I. allow ,that I had no particular infOrmation against" Morrison, but on this ' single tran.saftion; but. still When t 1. 1" head Magis trate-Of' the County did wait upon me and represent the ill effetßi Of this conduct, it struck me inorefOr cibly than froth the simple memorial of: Garrow. I shall - how'tell the real story of the transaaion : GA;- -roiv had-with the knowledge of his master entered into a Volunteer'Cbto; by attending after his work was finished, he had . qualified . himself as a sOldier, and in order to obtain those exerriptiona that the Law gave' it was necessary- that'he , should -be inspitled ; 'before the day of inspeaion, he.-asked his Master leave,to go, but was refused : he was So anxious then to reconcile his-duty to his Counto to his duty to his Master, that he got Up in the middle Of the night and : -performed that tilsk'which his Master had assigned him, and then went to itiSpeOlon 'On hiS return, Mr; Morrison turned him offi, notwithstanding - he offered to make 'any anieridS by additional - labour, or ' by dedu'aion 'from his wages; but lioiv did he turn him off ? Not as .the Hon. Gentleman '(Mr. Wityr: sit ci,o) would have turned off his sets ant ; no, he refused to pay kiln the Wages be had earned be.: fore that d.ay, 'and would not pay him till he was compelled by a Decree . of :the Sheriff's Court. The time when-'he discharged him was also Material : it was on-lhe 13th Of Oat:6er, When 'a lahOurer in Scotland, who is , generally engaged by /he half year; could' not easily get ethploymeot : aS there are no Poor Rates in -Scotland; Gatrow'a - nd his family. tniht have starved in The winter, if they could not find - ern.' ployment. This then . is the real ease ; and' now I will appeal to every man-in this House, where. ought the charge of injustice anti oppression. to . attach ? I I almost doubt now that my:l ega l opinion . was not cot - - 1 red, and that, under all the circumstances of the case, i 1 Mr. Morrison could be compelled to pay Garrow his I wages for the remainder of the half year, as there was no negleet of diity on his parr.. The House , will now judge' whether it is. Mr. Morrison Or Darrow whp is theinjured man ? Although I confess I had no particular information against Morrison,_ yet must, in .my -defence, mentionanother qirctunstance which-I was informed of. ,- Early,ip the French Re volution, there had existed at the town of Portsoy, within twotniles cf. Morrison'} house, a S3ciety ''cailed The Friends of Universal Liberty," who , corresponded with the jac,;bin Club of France. I . knew that the head and•.primum mobile of that Society, .was a man who. was, likely to have ,considerable influence over Mr, Morrison.— I.know: that af te r t h e M eet i ngs o f . t h at Socie ty had been Sp seditious, that, the Sheriff ; . was obliged to cra.ye leave " to be,admitted to the ho pourof their sittin gs ", t h ey sp li t i nto sma ll er part ie s , • and that one of their favourite measures was tc , ul'- struft. and discourage, as much as, they could, the raisingof the Volu n tee r F o rce., If a. man in Mr. =Y l Prlison'osituation had been aEtually,solci to the First Cansul,•ikhd.was.to ask his hist rudions huw he • cR;Ild strve hint-best, Alie,„inStruaions he would pro. bably receive, ,would be, to go on exat`tly. a 5 he was asite could . , - by his in. Apit4ce. inks migiAbpariloqc,),, the.Voluuteering Sys tern, and persecute and oppress every. Sirvant,or La. bourer.pf his, that. should , ' join)in i t o , Taking all .thotp'epl.: th ircuetiriHstoarnik'eC,s,sitrg; Would submij to the can clir d hoe be er , ,c,lpabie in 1 causing ; M o rason tp b.OPTr 4 sied in cise : p,l the A 044 In4AO-irt'of. Sckitland *,, , nly!Opit4orr, ella-ratkerized the -concida, of rvlr: ,Morrison as Cr ' ou'r , : it Ayas theritny opinion, it is still 05 . 1; :.proiriulgated a libel; rain-liable.tu aq action for slander, and the' damages would r.loubt_ less, be. Intich enhanced by -my, sitttation in the Country. The condird of Mr. Morrison,,however; appeared to his neighbours nearly ;rt the, 'Same.light as it did to-me. At a Meeting, .on the 30511 of April last . ; a•Gentleman who was a Friend of his, 'brought forward a Mution.in,his behalf, but it was kicked over the Table. Itwas glad. the Honoura ble Gentleman 'read the Ad ;If and I recommend 'it to his serious attention : he will reColled, however; when.he quotes it, that there no longer exists a rrivy Council in Scotland, and that Since that time almost the whole powers of the Government h5Ve devolved on the .Lord Ad vocate. There is another doltine I will never ad. Mit, that whoever' commits. one at of oppression.is responsible, for every consequence which may by possibility follow from it. I deny that this is either true in law, or in morality. I trust I have already said enough to Thew that, in the very critical situa tion I was placed, and with such information as Wai theo before me, I might have undertaken, on my own responsibility, 'to have Mr. Morrison arrested 'in the event of Invasion. - lam 'now assured that Mr. Morrison is a loyal and respedahle man. It may be so; , but - in times of - grest-danger we., must od for the safety of the State, on the evidence then hefore,us, He concluded by throwing himself upon the candour of the House, and apologizing for hair ing..so long detained them. . - Mr. WH ITBitE AD,: then moved,,« That it appears to this House that -the conduit of the • Right Hon. CHARLES Hope, His Majesty's Advocate for Scot landyin. writing the said letter, has been oppressive, illegal, and contrary to his official duty." . The question being pur, Lord ARCHIBALD HAMILTON obseried that the mode adopted, by. the Learned Lord was, . in his opinion, a considerable aggraVatiou olhis eondal, particularly when :he. expressed an expeClation that Mr. Morrison should come to him.. He thought the Learnid.Lord should either have retracted , the, stn. timents he had expressed' against this_man, br have proved them. - [ He- did not commend the conduEt of Mottison; but he thought that of the 'Learned Lard was 'folly as discouraging to. the, Volunteer-System as Morrison's. He should_therefAre. vote most 'de. cidedly for, the Mori The ATTORNEY GENERAL observed, that aftet,the very full, and, to his, mind, very able and satisfactory statement the House had heard from the Learned Lord .himself, against whose condua this Mtion was direled, : he thought the House would not think it necessary that this question should be very long considered ; a 'reference to the statement of the Learned Lord, was sufficient to satisfy the tiotise in this case, because it,. by -that statement, .saw the .circumstances under. which he aCted ; and, upon considering theft), he was led to think that a Motion of thiskind was unnecessary, although there might be some points which-were far front meeting his approbation., The Learned Lora had written from, what he thought to be the 'true state of the case at. the time, and he aced on information regu larly laid before him, and therefore all the circuns. ?iani:es of aggraVation, as to injury to the iridi. Vidual, were.completely done away, for he acted on a pbblic infOtattiion, and according to the* best of his . opinion. There was no proceeding had upon this; it was only directions how the Sheriff, was to a6t in an event which had not happened. There were two ways of examining' the conduit Of the Learned-Lord, anti the way to consider it appeared to him to be_this Whether the subject matter noiv .before the House . was such a prktate grievance of . public enormity as to justify Parliam - ent for proceeding in it ? On the first, he did not think that, taking the whole matter colle.itively, it would appear to call for Parliamentary interference,, because the Law was open to the party . comi;bining - , if he iwas aggrieved. As to the let ter„ there were some expressions in ii, which per. haps the Learned Lord would not, upon refiedion, justify, although upon thcCircuinstarKes, they might be excu . sed. • He did not attempt to defend the Whole of the letter; perhaps it partook a' little of the cha_ - rakalr of a libel, but Mi. Mi4riion - could appeal to a entirt of justice if - he felt himself aggrieved, althosugh he might nnt,.under all the' circumstances - of his case, expea, much damages, on account of, his having by his os rt Condua, brought this' inconvenience, upon himself, and that perhaps made him less pa'tiW to an appeal to the Laviis of his Country. Gentlemen said, that the Lord Advocate should have applied for ,an indemnity in ._this case,. if he was conscious his Coridet was warranted under the circ . urn,tances, al- thdugh not•Jegal;- but that'he Would not do, for he had nut dorm any one a 6, he had only dirctted the Sheriff to do an aEt which had not been done; and therefore could, not apply for any an of indetrinity. Considering. the state. of the Country at the time this topic! place—the information' the 'Lord Adyo.: care received---the impression made upon his ; Itti,nd- 7 the manner in which the man hail behaved ro'his NJ:aster; Mr. MorrisOn,. aril Mr. Morrison to him— and all the circumstances of the case taken together, he (honglvt the House. would not entertain this sub , j:tt in die way,in which ;he Hon. Gent. proposed it, namely, with a'itie4 of addressing HiS NDjesty; to distiri'Sti•thel!.earned 'Lordfrom . a station which he''so ably filled : he hoped the House would assentio his Motion, which Was ) to pass to the Order of the Oay., The Question was then put, That the Order: of the aty be now read, • Air..GREY opposed the Motion for the Order, of the Day, att supported the original o n e . . Hi e ex .. prt::sseil alarm at the •First Law Officer of the Cfciwn in Ehgian~fi; defe . nding•condtfl so illegal in 'the first Law Qfficer . of ,the crown itt Scotiand.. vi-as 4p,. pr:hensilre of dativrtothe Adininistration of ,us. tics: if such doatities were supported. miiin tained'tlut a griat idart of iVtiarhad been nrgedin defenee , of the LeArturd-Lorilhadixtothing todoiwith the case helore the otpe. ; "Ihe Q.Lteition was, whether this Learned Lord,. in the exercise of his high °Eke of Loid Advocate dt Scotland, had been g Li y. of ..inisearaluti;pf:illegaliYy, an& oppresl sion ? That ,Lea Piled Lord had eillexed into an his. tor iCal desaiution of Abe C5 O ,5Cc Adi:PC4/C cif SCOri:t ea, with w'hict - i•the : llicftYst 'Had' nowtog to do: hi; only questiOn was, Whetlf4r !Elie `iuwer . h. 4, . I 71" - r1 0.Cr0c,;,(1 $ thAe ref' , ir !"-;-••• • Ole subjcili f [1;): ?-t) 17- g:11,1:c: Accartii!lg to any. ttry Ctlt4 i 01 ;8 ~ according . cointpcsn sense, t h e tr . : . : immutable of, 30:t ice.. rvaint3inc,i all the Casescasesofemoitrgo, kc.,quAted by fi.e Lord as' haying : taken:place,under his„pf&igF.es..sors:, did not apiiiy to the present c . ase,.beciuse they were alI . jkltifiM by necessity. Herr, 4e it:untended, 11..,..7c cvas co bitch necessity... It was ~troc, the, Le:Amt-cl 4ord.hui aced tin iinfortnatiop, but he hall_ not . in quired ifito . the truth of it, nor giver; cipplrt , }nity,of being heard. He thought ,that this person hid been very improperly tignt.•ti ~ and 11 t.thz: 116 use ought to interftre ; :for which reason he should 'vote for the original Motion ()ibis Hun Friend: Mr. DAL LelSweiy warmly .supported . the of the L rd' Advocate. He said there were :three distinCt considerations in this case. First, whether the Hotise way prepared to say, ,that the conduit of the Learned Ltird,W,is it egal 'Next; whether, if illegal, it was oppressive And the third was a con. Sequence of the other two, if decided in:the - affirrna. five, namely, that it was contraiy to the duties of his Office. On the first ground, whether the'condut. of the Lord Advocate was illegal, he had no diffi culty in• sayjrig ,it was perfectly legal. II; ata,.d _upon it - dot - citation which justified him, under al; the circumstances, in' what, he 'did;; he was - so well con vinced of this, that he should have been proud to have afted irt like manner• himself, under similar citcumstances. Being o r t hi s .flpi ti i6- r i u p on t h e fi rst point, he. Was, of cOurse, in' 1 of .the Learned Lord on the other: t ; - and, instead of censtirc, he had his hearty thanks.• , • Mr. K .- rll A supported the The. S ECRET •ht,11 4 Al? observed, that,sv„me Gentlemen . who had spoken in this Dzbate, - o.irtieu. larly.the 'llone . iVle - mber w! u spoke last; 'had forgot: ten the adm mition of the Hon. MoVer, thati)f dis cussing the'subjeCtdispassionatelY. On the contrary, he had heard two very, inflammatory. Speeches. He did • not - say. there were' not expr'essinns'. of great - :?t'd' indiscreet warmth in the Letter of We Lord Advocate; • bur when it was considered 'Under what. circumstances of hurry and apfirche'nsion it waS written, and when all, the riot of. the case was considered, he trusted the House would not ex_ pelt it to ,be so corred, as •if it had been wri•!en under. other circumstances. The Learned Lord 'had. none , but the purest intentions; and he was one of the most honourable Men in the Country : he had become the most intimate friend 'of• tire Earl of MOIRA, although they were (tiredly op posite to each other in some political ouiniori4, and this friendship was a proof of the virtue of them both. The House would remember' how uncommonly naive. the Lord Advocate had been in. promoting the System *of the. VolUnteer Serviee in Scotland. He had formed the first battalion That was ever raised .there ; had-hirnstif,. notTith4tand ing his avocations, personally attended 'drills regu_ larly; and he had such an enthusiastic spirit fur the lervice, .that he could not bear*any thing that looked like irripedibient to it; and it was tinder :these impressions he' had written this letter, under which circumstances lie hoped the House would not think it'too much to pass this Subjed by witrinut censure. Gentle Men seemed to apprehend, that the person complaining could not in this case prefer his bill of Indidment, because all indiament's in 'Scotland are in the name of •the La r d Advocate; that was an error ; for although ail indiamentis Were in his• name, yet_ that was mere matter of form, for he had no power to withhold . from 'any one who chose to make the application.— _ Mr. KSMITII approved of .the manner 'in c,dhicll the Right Hon. Gentleman who spoke last defended the Learned Lord, since: it poly went toiiailiate, and not to juatify his conc* ; but heionsdrell very 'severely' the. manner- in which the• Laid Atleotate had defended himself, :and '.morellvartily - the .course . Mr„, DArt . ns had taken in this'case.' He professed entire resped for.-the Judges of. the, Cougt of Session inScotland, but .maintained, that from the manner in which their authority was constitut ed, the complainant was not to expel`} the same re dress from them in this case, as he .might before a Jury in this country. ,: • , •• Mr. T./INDll 4 4.Msaid, they were to consider; . in this.case,,what was likely to be.the effect. of the ex ample, the difficulty, to the, individual. Wronged of obtaining ,redress, and in .the.next place as to the fitness ulleoingtheTo.wer in the hands of the Lord Advocate. He, admitted that „there .were. cases of,urgency, where law, Was over=ruled, arid where it might be necessary to use , a. yigour.which the laww, did not saodien.„ The cases, however } quoted by: the Leatned _cord, if they were intended t 9 support toe general principle, .v ere unnecessary ; if to j ast ifs the ad complained,uf,. they .were • If the Learned Lord could have made our a case, that the safety 'of the Country required the arrest of this man, he should have said that the Learned Lord was not only justified, but-thatit was his duty taarreit the man in case of an enemy's landing ;-no such case; h owever , had been made out. He denied the in. ference drawn 'from this case of Morrison; was a man to' be stigmatized as an. improper .charae.: ter, and as it were, excommunicated, becatie he (par:died with his servant ? It had .been 'said that the-case was too inconsiderable. to come' under the notice of the Mollie ;7 it might be . sO in the first ir,l stance, but notafter the principle had-been 'justified upon deliberation. As' to saying that the Min. had a remedy at.. law, that was a mockery,. particularly. after • what had been said by the. Learned Lord, that a person who had broughtlotward such' a bust: ness in Edinburgh would 'not have been in saferv. Would they then hazard the danger of passing over such an ad as- this without censure? It had been formerly said that Scotland was.-a singular instance of attaining the ,liberal arts before the mechroic,tl. ones; and S.O . ,whils,c they had a wise sysiehi 1;1* jurisprudence, it. might •be doubted whe•ther they had anycorrea,coAtitutional ideas, fora Lord AO. .vocate. had dove !AR; this., case wh at . n o A ttorney: Gendal in this Cpuirtry for, twe.ohu n d re d ye a r s p. 14 wso - 41t1 have ventured. to haVe done. - wished the House would e("0 - le' co a' 4 decision , upon the main sub-.. jed, .and ntit ge ‘ i %rid aof brthe'prev ions .que , tit,n. ,Lord 11.STL)dRE4CH tr) Mr.' Vt'ttir. H AK. He adipitted,thot the words. tic Leese were-a litrte werai -and isa