The British Press; or, Morning Literary Advertiser.
London, England, 1822-06-26 00:00:00

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The Cerra Lord had 80 places at his disposal give mai hooter state big Lordship's tea ags'est his deposi
awe, among those personages. That patronage gave him a tine. The character of the Glasgow Sentinel sad the
vial irdbonct, which most be of good or evil effect, word- Clydesdale Journal was not to be rumour', mu his lord-
tug to the use to be made of ii—a blessing to Or etirotary, if shopirreconarnendation of it. But besides this, all the time
used in call oat the experience sad talent of the prefgesier the Moor was publishing, he held the fate of it is his laws
for public service—if used fur opposite peepers, g elem. bends; be raised it up by his influence. It could not be
Yf it acre used, however, for to propagate priests slander pro-sled that shire were tin private libels is. the err
sod felonry, their could be nothing so bad. He now came Ilse: and Clydesdale Journal. In abort, the Beaton
ao the facts :—ls the year 1820 • Scotch paper was existed sad expired when either was his will; and &sla-
in isiseence, which was published at Hamilton, sad bad ratios• could avail him oothing, omen after discovery
takes the noose of the Clydesdale Journal. It bad be- bad made it Impossible fur bon to cortinue the enure of
lure had that of the Glasgow Sentinel; but that paper rsoyare. He must be judged of like any other man, by
lexpiriae. an attempt was made to revive it, and a the gi real tenor of his idiotic His reason for not with.
paper was put forth, recommending the cootiseance of the drawls( his name from the bond, pending judicial proceed-
same printiples and conduct, and pledging the support of lags arising out of the offences of the publication, was ad.
serial Noblemen sad Gentlemen. He outbid not state mirshie, abets it was recollected that he himself was
more same. thus were necersey, but here was the name of the only party who could have been affected by ir. But
the Learned Lord. Now in what spirit bad that journal could the Learned Lord be igsurant of the persen•l libels in
been cooduc,ed, which the Learaed Lord Otos recommend. the paper? Did he real it? lt might be convenient for
ed ? He had not area it during many months, but be would bins to hive the House believe that he did not. He would
give the House facts to judge by. He believed the recom- prove in the Committee that the papers we.* regularly de•
mrsdatiou was signed 20th November, 1820. What had livered to him. The presumption was that he did lead
hens the preview', character of the journal? Was it such them; there was proof ilia, he had at least read them,
as to justify the recommendation to renew it by the Learned if not written fur it. The N Ible Lord had urd argo•
'Lord, leporello that he had a right in any way to common meats os two occasion., that of the Scotch Juries
himself with a journal, which be (Mr. Abercrosehy) de- question. and at another time on a motion of Lord
weed?—(Loud cheers from the Opposition, which were i Archibald Hamilton's, topic fur topic, almost word for
re-echoed by the T,easury Benches.)—He had sees some word, as Mow rgumenis appeared in the ousabers of
of the writings, and be took oft himself to say, that the Beacon. It would be no excuse fur any responsible
they contsined the grossest and most emulator libels , publisher that his agents abused the trust reposed, sad there-
on individuals of the Oppositio• side which could be fore rehire was published. The Learned Lord hims. If had
well conceived. Those indivi teals were denounced as most taught that priueiple to Capella Joh.Oliellle, who made the
Naas and disloyal, for doing that in which the majority of ' most- humble apology for his offence, and offered Ift
the Hour bad actually tortured, though it was ceosood ! prove that he was an violently indisposed that he could aid
by the libeller, of the Clydesdale Journal. Gentlemen in hove ksown what was read to him, mach less write 'the
the immediate neighlusehuod of Hamilton wen held 4111 i libel himself. The plea was altogether vain, sad Cap.
upon charges which, if true, would disqualify them for the gain Jointure was punished as seve,ely as say other '
society of say gentleman whatever. The House should urn charged with the like offere would Are bro.—.
'sot real upon his testimony (or this; he bail the ore- i He then went ou to remark ow the proceedings ins Mr.
Weil triter of • gentlenes• of great fortune and con- ginaets, trial, where it wan seen that norb gross peoyocation
sideralies in Lipari!, a patron of the newspaper, who had Men gives by the publication tinder his Lorilehop's au-
had lately received a very high mark of favour frr.m the spires, that Mr. Stuart was forced to the painful alterosiive of
• iLlovertinteitt. He inestioned this to designate him, and not .seeking salisractioo,
cooler/in' the slightest reproach to the conduct of Greta- or giving up his feelings and crustier
as
as • genileman. He charged the Learned Lord, sad Mow
• rear. This person bring informed of the declining state of consered with him, with limiting by these coodsct to • breach
the Jooinal, wrote a letter (Mr. Abeicromby seed it), in- atilt peace. Here he gaoled the remarks which appeared
• which he 'expressed his disapprobatton of the gross personal I is the Bestow es to what passed to the oberirces Court be.
rwerillries which had been east upon some atilt Opposotios agree Mr. Stepbteses sod Mr. Stuart, who the farmer was
by the Journal. He declared lin bel•ef that it must be in- &mind to becp ate peace. The „times bad the pobbenoess
irk**, sod begged that the Piper—the conduct of its their uwu mune to prevent any eosseqoesee• whirls might
which he otherwise approved of—might be so far fall out from the coarse takeo by the !kiwi's. They die-
alteted in its management. This letter was dated is October, claimed any anonymous end irresponsible treillage; and
one month before the Learned Lord's orcuninsendourY boasted that their poillication, above all in the coupler. was
letter. The remark of the writer was, that such conduct to be conalilmed as a gee' temanly one—(Loud laughter.)—
could do no good, and most reflect discredit on the insole'. i He then read the offensive paragraph, its which Mr. Stuart
Such was the chanter, of the paper to which the Lseed Ad- was said to have been posted as • toward fur seeking his
trate had thought St to give his same nod authority. la owe safety, and to have been pelted by all the rabble of
what way the publication had bees really conducted after Edinburgh, for not having fought Mr. Stephen's:is—the
MI calamitous emiwrlmenerr of it which they bad all aces— sentence concluding - iib " not that we are the advocates of
after the distressing @ligation into which Mr. Smart had duelling—God forbid!"—(Loud laughter.)—" Not that we
been thrown—after the death of Sir A. Boswell, which f are the &drosses of doeilinc—God forbid !”—(Mue h Noah-
*peon out of the, be need sot pet to House to the ter.)—He then stated that two of the Lord Advocate's De.
pato of hearing. It would be for the Learned Lord to thew, pules, who were found to have bees coseertied is these
if he could, that be had at any time withdraws his atom i transactions, were appointed by the Lord Advocate to
and support from the pablicalios. The reeunimeudations &fetid the action brought by Mr. Stuart—when they
be had previously given to it were not openly gives, and in I actually justified the paragraph, and the cooduct referee-
Hie fare of day, they were conveyed to letters sent in his mended—namely, to belt—by the farts insisted, that the
name to all who wire suppose,' to be within reach of the in. whole was fairly within the privilege of newspaper writ.
Beesee of Ministest So secretly was this lone, that lay, be the parties w.re Frady to give gentle.
they were requested, each sad all, to reigns the letters manly ntisfsction, d sequired.—(Her, bear )—He de.
so soon as they bad read them; sad, with the exception I prettied a ly this abuse of the high character and
of two, all the rest of two hundred, which were is- skill of persons onmiant fa the laws to propagate
rued, were got in ef•ill. There wad • Mr. Aire, direct violations of "hens to serve the basest purposes. The
who was set•allyserving as Aria's substitute for the comely name, of those Deputies were Dunes, Oftliiesl sad Jobs
of Lanark, and then residing at Hamilton, who was knows Hope. This defence was now a record of the Court, though
for the avowed author and the principal writer of this jeer. the Judges were to be excused, as the case was sot brought
will' Hata"' a man who might its his office have Melt before them after all. He toncisoled wow that he had ca-
called on to manage the proceeding's," • trial for offences to tablished • complete case of oppressios and abuse of office.
who his own instigation were likely to give rise. His treat- He wished to call attetition, however, to the ease of William
!meet of the solOe family of Haseliltoo, and the gentlemen and Murray Borthwlch, who had bee* envied wish one Mr.
others is the weightmerhood attached to them, was out of all l Alexander, in the Clydesdale Journal. He bad dirt,-
hosed,. The Noble Lord might say that he was not aware proved of the correct of the publication, sod made over
sleet Mr. Afton or the principal writer. He (Mir. Atiercrom- hie share to Alexander fur twenty pounds in cash, and
'hog) believed that he was well scquarrod with the fact. He nisei/ pomade to be given on good writs' is bills.
'etreeld prove that Mr. Altos knew shat the Learned Lord had This nes agreed on i• November, 1821. The bills were
-rimed that paper.—(Loud .beers.)—Which then become lo be delivered Sit. December. Alexander failed is his es.
lb* importaut qseetion fur the country? Mr. Alton knew I rageasent, sad Borthwick °raised &judgment reshot him
saint Ind bees the character and spirit or the joorsol before the Sheriff to re-enter, which he did on the Ist of
which the 1, d Lord recommended. He bad been folio March. He reenaised all day at the office, sad the sett
warned that by supporting the Bill brought in this Series Alexander arrested hint for a sham debt. By application is
by the Home Secretary, for compelling the Sheriff of Lear* the Magistrates of Glasgow he was released os the 11th
to remain in his district, that he was opening an appoint- March. Alexander subuquently charged him with brio(
meat which would be so filled up by the Learned Lord. robbed the premises; that wag, with taking away his owl
There were two Sheriffs to the enmity of Lanark; the Glar property. He would only plotted to prosecute by or with
'few Substitute had slimily been removed by the operatic* the Procurator Fiscal. lie wished to hove it done with-
'of ibis Bill; but had Mr. Mime been removed? No; be out his ow• name, but the Procurator would not have
mill resided at Hamilton, where be was retained by the It so, and • verdict decided that there was •-o foosda.

Learned Lord, the proved and avowed author of gross sad
scandalous libels. There could be so rearm of any hied
suggested why be should not, after what was kuown, be re-
se owed from a public situation, of which be made such at
abandmsed see, especially as it was a judicial situation. Mr.
Aires meet have bad good reasons for feeling safe and con.
ducting himself as he had dose. He next came to the pabli.
audio. of t►e Beaten. In Jan. 1521, a mulattos was takes to
establish this newspaper at Edusbargh. The Seat step taken
was to secure subscriber,, which foss very successful; no less
than SOO subscribed, the largest somber eve► lemma to a
work of that nature i■ Scotland. The seat step wen to
open as account with the bank of Sir W. Forbes and Co.,
who re,lsired 10 have *evenly for the expense he should
advance. A bond was drawn wed signed by Sir Wm. Hay,
Lord Advocate; Mr. Wedderborne, Solicit,or•Gesersl; Mr.
Forbes, Advocate sad Sheriff "s Depute for Perth, a judicial
'situation ; Mr. J. Hope, Advocate; Sir W. Scott, Clerk of
the Peace and Sheriff's Depute; Mr. H. Dreammoad, Atho-
l:etre mod Deputy under the Lord Advocate; the Right Hos.
R. Arbellissot, also holding a high official situation. It was
to be observed, Thal must of these Gentlemen bad to earl..
• eine judicial functions —(The Honourable Gentleman
then reed a pert of the pieepeetes of the limas,
end afterwards the conditions of the heed, by ',bath
the subscribers booed t►emselves to make goad the deficiency
of a current t to he opened with Sir W. Forbes's
bask, and to be operated upon by the publisher sad
printer.) It would be observed that she bond was glvem with
the hope of sever regally; ',apnea, though the parties
were needy to pey. Now. considering upon abose mosey,
credlti authority, and infheemee it was set up, she subscribers
suet be looked upon as the proprietors. This would be
the freedmen( of any other part tea brought ►efore t►e Lear..
ird Land on a charge of libel. One of the individuals
bad remonstrated *canal the libels w►ich appeared,
sad Soden' his opposition vain, did all in his power:
be withdrew his subscriptiom, and never after allowed
the paper in his House. It might be asked why he
bad not withdrawn his name from the bond He hoped
that so unfair use Mould be made of it by the
vernusent to injure that penes, if he told theta the reaaos
given why the name could not be withdrawn. It was be-
cause it would reflect on the coaduet of the Lord Advocate

tine In the charge. Dorthwick went from Edinburgh
to Dundee; there he remained without any conceal-
ment. When the papers were seized In the affair a Mr.
Stuart, a mew course was thrown opts to the pinks.
All the Glargow proceedings were now renewed before the
Sheriff of Edinburgh. al'Neal soled spinet him, aid
caused Dorthwick to be led. 11 was pretended that he
wile going to Sy the country He took a very wren coarse,
if so, in moving east to Dundee. He was, however, arrest.
ed, and put in irons as soon as he arrived in Edinburgh.
He was manacled with iroas which were too small, and
which therefore subjected him to the greatest pais sod in.
convenience.—(Hear.)—Sut that was sot all; he was
dragged forth iu public ironed in that
been the worst and most dangerous giftless, under the charge
two armed &trudge's, by whom he was conveyed to
Edinburgh, and there (Minted into the custody of the
gaoler, sad put into the gaol as a common felon, where all
access was cleated even to his orals and legal advisers.—
(Hear, bear.)—This man, who was charged with feloniously
stealing his own property, implied fur bail, and his applies-
lice was refused. 'An indictment baying been framed, and
all other preparitiona fire trial being gone thtuirgh, his trial
was fixed fer the teth April. On that day he was brought
Wu Court, sai the imbibe prosecutor, Mr. John Hope,
thought proper not to proceed with the trial. Every effort
was made by the Counsel for Burthwlrk to have the trial
brought on, be being anxious to have the opportually of
justifying himself from the charge spinal him, and eager to
substantiate his innocence, the confidence in which
I abandoned him ; and a convincing proof of which be was
now going to slate. Mr. John Hope having by the eastern,
as hr supposed, of dm Learned Lord deserted the diet pro
loco of tsmpore, that Is to say, having declared that he did
not elsooiS to proceed to trial af that time, though he would,
nut withdraw the indictors!, carried as matter of favour end
accommodation to Borthirirk to contest to his being baited.
Dal the conduct of Mr. Burthwlek's Counsel would skew
what was the mature of the kindness thus shewn to him.
Seeing him mortised of stealing, fur having taken possess's,
of his own property under a warrant, and finding all the
Crown Counsel arrayed against bins, the suspicions •f his
Cesasel were naturally awakened against the sheer of kind.
yen on the part of the prosecutors, and he therefore 'ban-
_

awl other gentlentee coot issuing their sepport,wberein it was
nut safe fur that iedivideal to sifted. He might read to
the Horse examples of the libels, but they were generally
too gross, tedious, and vulgar; the last of Hies were is
'twee, in the Scotch language, which it might be didleelt
for him to read, and impossible for lbs House to
ea-
dersteod. But fur authority se to the scandalous sta-
ture of the writing% be would thaw it from the Noble
Lord himself, and those who signed with him. By ae
accident they were at last discovered to be the authors
sod 'helloes. Once knows, it were found impossible for
tic publication to exist. Why? Because they were so beset
with claims of resentment sad setts/some by the trieadrof
those who had belt' nialivied Red libelled, that the paper
scarcely survived the discovery of the rsmn.—
(Load (Load cheers.)—That fact wee ell be need utter upon the
subject. The principals were so beset sad pressed, that
same of them were obliged to dealer. The Lord Advocate
put forth his apology among the rest ; the Howse would
judge if it were a anfficieut see, whether morally, polite.
silly, or legally coiigidrred. If they thought other-
uise, they saes grant his motion..--(Here Mr. Abe:fleshy
read the answer of the Lord Advocate to Mr. Sioareo
message, le which the Learesed Leta disclaimed asp
thin pieties' is the Romeo'', and stated his support 1.
have hose iirteaded fur the public principles trely.l—Hg

Boned the proffered kindisess, from the conviction that If he
availed himself of it, he would by so doing be deprived of the
tinder the Act of 1701 of urging on his trial, sad would
put it out of his power even to get rid of the charge. That
'advice of Counsel was coefirmed by the declaration of the
hedge, that the effect of accepting the offer would be to
-deprive him of the besellt of t►at Act, sad he therefore
•eseterned to gaol to wait the forty days which were
mating to cumplrte the term withle w►ich by the
Act of 1701 be was entitled to demoted his trial ar ►ta din-
' Merge: At the end of that period the trial uot being pro-
.. iteeded with, be applied to the Court of Justiciary fur his
diseharge Ender that Act, to which the Lords of Justiciary
*related him to be entitled. No sooner was ►e discharged
by order of the Court of Justitiary this be was iufurmed
that a charge had been preferred against hint by Alexander,
N whirl) the Learned Lord had gives biticoncoutee,concetved
Y the same terms and au the same grounds as the fussier
@barge obi( h bad been preferred is the name of the Loomed
Ltd himself, which be had sot thought proper to pursue to
NMI; tad which from ►is knowledge of the circumstauces in
the former ease, he most have kuosa to be tiofoseded. -
114 Noble Lord perhaps would tell him that he was booed
Ile give Lis concourse ♦hen it was applied for. Rot he bad
the authority of Mr. Hume fur saying, that uu suck oblige.
Use existed; rho it was matter of discrettoe to be exestiaed