The British Press; or, Morning Literary Advertiser.
London, England, 1807-03-24 00:00:00

REAsONS OF DISSENT

FROM THE RESOLUTIONS OF THE FACULTY OF AD-

VOGATIS, MANCH 2. ISCI.

We, the Subscribers, Members of the Faculty of Advocates,
having considered a hill, which has been hrooglit Imo the Hume
of Lords, and which has for title, An A d 6ir better ref ulat•
log the Courts of justice in Scotland, end the .14esit i iii alien
NI Justice therein. and estiblohing Trill by Jury in certain
Civil Cases" are desirous of tessui4 on record our reasons for
ilimentiog from the Resolutions entered into in a Meeting of
the Faculty of Advocates, on the 2,1 ris March 1807, with rela-
tion to, and in appmbation of. the said Rill.
1. Film, We are of opinion, that the deep and extensive in-
novation proposed to us in this Rill, which ro to subvert the
whole plan of judicial establishment: fur Scotland, and throw
into disorder the whole frame and texture of our judicial pro•
ceolings, amount, in substance, though, we sincerely believe,
notes, intended by the Noble Mover of the bill, to a violation
of that article of the Treaty of Union, the mr•tt meted and
fundainerital of the whole, which stipulates fur Scotland the
integrity aiid preservation of her own laws, and which, if 14
dues not serve as a safeguard against projects of so vast a cha.
ratter as the present, appears to us to have no meaning, to serve
no use, and to afford no proteetion at all.
Under the excepting clause subj.sined to that article of the
Union, Scotland must receive, and is most willing to receive,
a gradual and prudent amelioration of her ancient laws; such
changes of the parts and particulars of her system as will /faddy
take place, in the natural course of things, in the law of any
improving country, and such as our Siete, Kingdom of Eng-
land is in the use of ado;rting, towards the Anitindoterit of liar
laws Changes which leave the NUM anJ principles of thingis
entire, and which, even in their application to partteulars, are
never made in Wand. bat with a very tender and sparing
hand. But we cannot be of opinion, that, in fairer intelligent
coisstruaion, this excepting clause will sanctify so broad a
scheme of egtsua ion as Mist now presented to us, which will
have toe effect of Aholishing all that moiety of the law of Scot.
land relating to the judicial prosecution mid indorsement 01
rights, and amounts, of itself, to as much as all the alterations
E.:: have beet' made in the law of Scotland for 200 years, and
to more than all that have been made in the law of England
r a moch longer period of time. We have been accustomed
to think, that the system of judicial proceedings in my country
as a part of the law of that country, and almost as important a
ea t as the sy'.em even of rights, which are to be explicated
by means of tho.e proceedings; end knowing, as we do, the
intimate connection between tho.e two members of the same
body, and them mutual influence on each other, we cannot
out took forward with mterest, and with alarm to the prospect
which these great innovation- open to us, of the gradual di so-
lution of the whole system of the law of Scotland, which, by
so ail of the legislature, is thus to be vilified and discredited in
the estim.ition of our people; and to the proposal, in future
times, of still farther mid more dangerous novelties, for which
the great measure, now before us, will seise as a precedent and
an introduction.

In like manner, we canhot but consider with apprehension,
the state of extreme uncertainty and disorder in which the pro-
: osed changes will involve our whole judicial proceeding, for,
it cannot be said, how loot a period to come. That, fur halt
a century, no man of ►usiness, of what rank or description so•
ever, shall know what he is doing, or whether he be right or
wrong, and that for twice or thrice that period, perhaps, our
judicial business shall not be again In the same known, and
convenient, and manageable condition, as as present:—These
ate evils of no ordinary magnitude, and which, in our opinion,
we are not justifiable or excusable for imposing on our country,
in the hope only of distant and douetful advatitages--doubtful,
both as to their degree and their time of anneal, if indeed we
shall ever come to be posses ed of them at all.
More especially, we are averse to the trial of so hazardous
an experiment, as we have discovered no proofs of the ex-
istence of any such radical and deep seated disease in our pre.
sent system of administration of Justice, IS requires the appli-
cities of the extreme remedies new proposed to ►e resorted
to. On the contrary, in the growing happiness and prosperity
of Scotland, which, we ►elieve, is net equalled ie any cower
of Europe, and is not exceeded even by that of our sister king-
dom, prosperous and happy as she is, we discover the strong
and infallible marks of tram* arid order of things, whiles
ta Ornate. the manifold transactions or trade and business
which excites to industry, arid enures its acquisitions; and
extends its protection to all the rich's, patrimonial or tsetse nal,
or al' the inhabitauts ol the land. We have not heard, sc_
cordiugiy, that in airy quarter ..f the country, petitions have
been prepared, or reoslutions entered into, desiring a refornia.
Iron of our courts of justice; nut even after the . eteluttuns of
the douse of Lords, which a:Hsu ►e construed as, in 1101110
eea••rre, an i,orlueement to the country to complain.

The particular objedions are then stated, at con-
siderable le .gth, again,t the proposed Court of Re-
view, the division ilto Chambers. aed the introduc-
tion of Trial by Jury in civil cases; but our limits
to-day pr"venr oar going farther. The following
is the coaclu -ion :
Le these rearms in w..ich we have Eudiously refrained
frost. *owing 4r iarKe the d.-tails of tne Bail, and have
chiefly confined our.. • s to the\ principal proposals it lays
before us, we pa•ate.t arouses the und Resolutions of the Fa-
culty of Advncates, •pr bation it this rash and extensive
project, which we eoniad-t ac an unnecessary, and an alarming
innovatinnas hasarlous to the whole system of the law of
Scotlandettended, fn some instances, with injustice to in-
dividuals, and founded, in Ot'ne.s, on a srolation of the solemn
and unalterable canape% of the Treaty of Union—and which,
while it is likely to augment all the evil. at pretends to cure, will
entail ou the public a beery and intadevable sapeose.
(Signed)
lobe Slaw. R. Hodson Csy. Rd. Craigio
Ad. Rolland. J. Wolfs Mortar. J. Anstritther.
John Pringle. John enamel. J. H. Forbes.
Matthew Koss. Jahn Burnet. Re. Grime.

—.—........
Stuart Mowlie. D. Williamson. Walter Scutt.
George Abercromby. Burnet Bruce. , Alm. Irving.
David flume. Trios Miller. W.lloll'Donald.
Arch. Campbell. Da id Douglas. J. Ilarrowei.
Jas Clerk. it o Dar Awn.
Ar. Cqlquhoun. Jas. WerMerburn.

- -
On WedneuraT s7finight, (ler►dr Crafer, mate ad
the Betsey, of Swansea, Capt. MILNUISH, WAS com-
mitted to Waterford gaol, tor assaulting the mate
of the Peace, lying in that harbour, by forcing him
down the hold, and fracturing hi; skull in the most
dreadful manner.

The conflagration at Ow beautiful mansion of
Hafod, the seat of Colonel Jon nes, M. P. for the
County of Cardigan, is conkflured to have been oc.
casioned by the flues of the conservatory being con-
!steed with the house. The internal part of the
mansion, we regret to say, was tctally consumed,
together with all the elegant furniture, the ram and
valuable manuscripts and library, with hut few ex.
ceptions ; hut the costly plate was happily saved,
except one or two articles. So rapid was the
progress of the flames. that some of the domes-
tic servants were with great difficulty res. u.d ;
the housekeeper was in the most imminent
danger of perishing before assistance could be
rendered; and two or three other servants, who
had made their way to the top of the house, were
much scorched before they could be relie►ed by
means of ropes, and conveyed to a place of Wet..
Mr. Harrsusv WILLIAMS, of Colebrook Dale,
Shropshire, who was on a visit at fialod, also sus-
tained a considerable Lois, not being able in save his
travelling equipage, bills, cash, and other valuables.
The louse, library, &c. were valued at 14.0,0001, and
not more than 311,0001. were insured.

COLIRSZ OF EXC
Avisierdam ....52 9 2 U.
Ditto at Sight.. 36 .
s.

Rotterdam 11 10 4 U.
Hantburgh 34 10 411.1.
Afton 34 11 2i1.1.
Paris 1 day's elate 4• 10

Ditto. 24 14 2 U.
Uoideaut 24 14
in Piper.
Otto 394 *girt.
Palt•row...•-• • in Pipet.
Dot
Bab ie..
141/1. Mn 491
Garay 4!