The Sun.
London, England, 1823-06-04 00:00:00

EXCISE LAW&

Mr. SYKES held in his hand a Petition, to which he begged
to call the serious attention of all those who felt an interest in
the maritime affairs of this kingdom. The Petition was signed
by upwards of 100 ship-owners of the port of Hull, who repre-
sented property amounting to 200,0001. or 300,0001. sterling;
they complained of a most intolerable grievance to which they
were subject, contrary to the express principles of British law ;
they complained that without any fault of their own, or any
knowledge of, or connivance at, a fault in others, their valuable
property, consisting of shipping and stores, were liable to
seizure and forfeiture, for the misconduct, however trivial, of
those over whom they had not, and could not possibly have,
any controul. Their property was liable to seizure, if the
smallest contraband article were secreted on board by any in-
dividual of the crew. lie knew that in cases of very notorious
hardship, the officers of the customs and excise sometimes con-
sented to terms ; but even these, involving as they did legal
costs, were so onerous as to impose a heavy grievance upon the
Innocent party who was the victim of them. Ile could have no
objection to the punishment of the individual sailor who was
guitly of the infraction of law ; but why seize upon the property
of the owner, who was ignorant of, and had no participation in,
the offence. This petition set forth several heavy.grievances of
this nature. In one case the ship Minerva was seized, because
a bottle of foreign spirits, worth 125., was found on board,
which was proved to have been secreted by a poor sailor, who
was to be married on his return, and who wanted to bring over
this bottle for his marriage-feast. It was quite impossible that
the legislature could tolerate the imposition of so severe a griev-
ance as that to which ship-owners were now exposed.
Mr. HERRIES said, that this had been already under the
consideration of the Lords of the Treasury, who were of opi-
nion that the revenue could not be adequately protected, unless
there existed this mode of punishing an infraction of the laws
enacted tbr its security. He thought the chance of any preven-
tion of smuggling would be nugatory, if the penalty were to be
confined to some individual who might happen to sail on board
the ship; but the Lords of the Treasury were always ready to
give the captain and owners an opportunity of showing their en-
tire innocence of any participation in the offence. He begged
to add, that steps were already taken, preliminary to a consoli-
dation of the excise and customs laws: this was a comprehen-
sive and tedious arrangement, which he could not say would
soon be completed; but during its progress the particular
case stated by the petitioners could be fully considered.
Mr. BRIGHT derived little consolation from the promised.
(though remote) consolidation of the customs and excise laws,
many of which lie should rather see expire, than have them
embodied in a new form. While this tedious process was
going on, was it not too much to expose the property of the
petitioners to such an unjust and intolerable risk? He trusted
that, in the course of next Session, some measure would be in-
troduced to remedy the evils complained of.
Mr. CURWEN supported the petition.
General GASCOYNE thanked the Honourable Member

who had presented the petition, for having called the attention
of the House to the important subject to which it referred.
He joined with the lion. Member for Bristol, in hoping that
Government would adopt some rethedial measure as early as
possible.
After a few words from Mr. SYKES, the petition was read,
and ordered to be printed.
INSOLVENT BILL.

Mr. BRIGIIT asked the Solicitor-General when he intended
to introduce his Insolvent Bill ? _ _ _

The SOLICITOR-GENERAL said it was his intention to
bring in the Bill on Friday next.
Mr. BUXTON moved that the petitioners against the Spite
fields Acts' Repeal Bill be heard by Counsel on Monday nex
'Ordered.

SHIPWRIGHTS.
Mr. HUME presented a petition from the Shipwrights on
the Thames, complaining of the state of the laws which pre-
vented them from seeking employment in foreign countries,
although they were unable to find any in this country. The
Hon. Member presented a similar petition from the Shipwrights
in the dock-yards.
Sir B. MARTIN said, that there was no ground of coin-
-plaint on the part of the men employed in the duck-yards.
Mr. Lirr LETON took that opportunity of asking the Hon.
Member for Aberdeen to postpone the motion which stood on
the paper for that evening, for the repeal of the laws which pre-
vented the emigration of artisans, until next session. The sub-
ject was one of very great importance, and could not receive the
consideration which it deserved.
Mr. S. Worm.uv, General GASCOYWE, Sir G. COCK-
minx, and Mr. Ilusxrasom, stated that they concurred in the
wish for postyonement. The latter Member added, ,that lie
was not unfriendly to the object which the Hon. Member fur
Aberdeen had in view.
Mr. [fUME then withdrew the notice ofmotion ; at the same
time expressing his intention of renewing it next session.
SALMON FISHERY AT SLIGO.
Mr. I,IROUGHAM presented a petition, signed by upwards
of 250 Freeholders of Sligo and its vicinity, who complained of
an invasion of their rights of an ancient date. The petitioners
stated, that in the 34 year of the late King, an Act was passel
under the pretence of regulating the salmon-fishery in the county
of Sligo, in which a clause was introduced conveying to A. B.
the exclusive fee-simple right of fishing for five miles along the
banks of the rivers The party to whom this right was g:voi
had never before possessed a single inch of ground on the bank i
of the river. He had examined the Act of Parliament, and
found that the facts stated in the petition were correct. The pe-
tition was ordered to be printed.
WILLIAM MURRAY BORTHWICK.
Mr. ABERCROMBY rose to bring fbrward his promised
motion respecting the Conduct of the Lord Advocate of Scot-
land. He was highly gratified that the time had now arrived
when he would be enabled to redeem the pledge lie had given
the House, and to afford the Learned Lord opposite an own,
tunity which he must so much desire to vindicate his own con-
duct. He was the more gratified at being thus enabled, be-
cause every day, since he had brought the subject forward last
Session, had given him increased confidence in his cause, and
because he had been, he might say officially, calumniated in

Scotland for the part he had taken in the transactions to which
his motion would refer. When he had brought the subject
before the Ilouse last Session, in a form more comprehensive
than lie intended to shape it in at present, his motion had
heel rejected; but by a majority which afforded little triumph
to those whose conduct was brought into question. It was
Even then .admitted by a late Noble Marquis, then at the
he.id of Foreign Affairs, that the
_particular case of William
Murray Borthwick called for inquiry. In consequence of
this, several papers had been moved for and ordered, and
had been sent up to the Office of the Secretary of State;
from these was made a selection of such papers as were con-
sidered necessary to belaid before the House, and they would
have been produced had not Parliament been previously pro-
rogued. Early in the present Session he had renewed the
motion for these Papers ; they had in consequence been pro-
clued to the House, and the motion founded on those papers,
of which he bad given notice, had, as the Utilise well knew,
been driven oft' by the Irish inquiry. These circumstances he
thought it proper to state, not in the way of apology to the
Noble Lord, but in that of explanation to the House, respect-
ing the apparent delay which had taken place since ie occur-
rence o" the circumstances referred to by his motion. The case
he had to introduce to the House was of a dry character ; but
he hoped he should be able to state it in a compendious and
clear manner. The case was founded entirely upon the papers
before the House, and upon thetas lie intended to call upon

the House to pronounce an opinion ; and if any new matter
should be disclosed by the Learned Lord in the way of ex-
culpation of himself, and not drawn from those papers, then he
apprehended thcre could be no possible objection to the
institution of in inquiry. He had to observe in the out-
set; that there was no Grand Jury appertaining, to the
criminal law of Scotland ; that the Lord Advocate might, of
his own motion, bring a person to trial ; but that an individual
might apply to the Lord Advocate for his " Concourse," as it
was called, and by this authority might bring a person to trial
at his own instance.. This, however, was, on many accounts,
a hazardous and expensive mode of proceeding. It would at
once be observed by the House, that the Lord Advocate pos-
sessed great and responsible powers, and it would follow that
it was necessary be should be able to shew that, in every in.
stance wherein he exercised them, he had acted perfectly free
from personal bias and. political feeling. It was the latter
which would bo attributed to hint on the present occasion, and
he would now proceed to state the circumstances out of which
the imputation arose. A person of the name of William 141.
Borthwick had entered into partnership with one Robert Alex-
ander in the trade of a printer, and particularly in the publi-
cation of a Newspaper called the Glasgow Sentinel. The part-
nership was afterwardi dissolved by mutual consent ; and on that
occasion it was agreed that Alexander should be allowed to re.
twin the partnership property, in consideration for which allow-
ance he was to give Borthwick security for a stipulated sum of
money. lie did not perfonn his contract; and Borthwick there.
upon raised an action against him, before the Magistrates of
Glasgow, praying that Alexander might be decreed to perform
his contract, and give security for the money ; or, in the alter.
native, (and this was material to be borne in mind) that, failing
this security being given, he might be allowed to resume
possession of the property. The case was heard, and the Ma-
gistrates decreed that Alexander should give ti.e proper secu-
rity within six days •, and in default of his doing so, they au-
thorized him (Borthwick) to resume his property as prayed.—
Indeed it was remarkable that it was relied upon by Alexander
in his defence, that.Borthwick had not performed his part of
the contract, by executing an assignment of the property to
Alexander. This being the case, so far as it was stated, he
would ask the House whether, under any circumstances what-
ever, Borthwick, on taking possession of the property, could
be considered as committing a felony ?—(Hear, bear, hear !)
And yet the case would materially be affected by the answer to
this question. While the six days were running on, a corre-
spondence took place between the agents of Alexander and
Borthwick, in the course of which the former requested time to
perform his contract. This was refused, and notice was given,
that Borthwick, in pursuance of the decree of the Magistrates,
would take possession of the property. To prevent his doing
.this Alexander caused Borthwick to be arrested for a debt
which there was no doubt was made up for the purpose. The
arrest took place on the 2d of March in the last year ; and on
the 10th Borthwick obtained his liberation. On the morning
of the 11th he, with two witnesses, went to the printing.oflice,
where the property was; and finding that some of the desks
had hat fresh locks affixed to them,
he sent for a smith to force
the locks ; but, in the interim he found the key which opened
them. Now, when a man went to commit a theft, it was not
often that be took persons with him for the purpose of being
witnesses to his conduct, that he went in the face of open day,
or that he sent for a smith to force the locks of the desks from
which he intended to steal.--(llear, hear, bear I)—The plain
theft, truth was, -that there was no eft, that ie transaction was a
sort of quarrel growing out of opposite claims. Still further,
it it could be thought necessary to destroy the charge of theft,
he had to state that Borthwick complained to the Magistrates
of Glasgow thin he had been obstructed in resuming possession
of the property under their decree, However, the day after,
Alexander lodged ii complaint before the Magistrates of Glass
gow, charging Borthwick with having committed a felony, in
taking possession of the property under the circumstances be-
fore stated. The Magistrates heard the complaint, and were so
vatislied of its being groundless, that they discharged Borth-
wick without bail.
Loll BINNING asked where was the discharge ?
Mr. AIIERCROMBY resumed. Ile really did not expect
to find the case met by questions like this. The Noble Lord
asked where was the discharge ii Why, it consisted of course,
in the man walking away, seeing that the Magistrates did not
detain him.—(Cheers, and laughter from the Opposition.)—lf
those who were to answer the present case intended to say
that the Magistrates entertained the complaint, they would of
course have to shew that the Magistrates either committed
Borthwick find bail. Alexander, however,
determined
proceedings, and the papers were
or
to ordered
continue him
s to
laid before Mr. Hope, the Advocate. This was on the 17th of
March. Mr. Hope was apprized of all the circumstances, and
it would be for the Learned Lord to !thew that he ought to have
brought. Borthwick to trial under these circumstances, or to
confess that he had neglected his duty by omitting to look at
all the proceedings. Upon the case laid before Mr. Hope, that
Gentleman wrote an opinion with which he (Mr. A.) had no
particular fault to find, except that part of it which
stated that the charge would be more relevant If it included
other persons besides Borthwick. He (Mr. A.) confessed he
did not see how a crime was more or less a crime by being
committed in association with other persons besides the prin.
cipal. Some time afterwards other papers were laid before
Mr. Hope, and a correspondence took place between hint and
the Crown Agent, in the course of which Mr. H. desired that
" no time should be lost," as it was desirable the case should
be brought to trial on the approaching Circuit. Anti here it
was to be remarked, as a most important circumstance, that
between the time of the first opinion given by Mr. Hope, and
that of this correspondence, the unfortunate meeting had taken
place a tween Mr. James Stuart and Sir Alexander Boswell,
which Ted to the death of the latter. He (Mr. A.) held the
Learned Lord to be responsible for the acts of his Advocates
Depute, mite appointed and removed them at pleasure. He
thought it proper to mention this because it was pretty well
known that Mr. Hope had desired to take the responsibility of
his own acts upon himself. When the subject was brought
before the House last year,_ he (Mr. Abercromby) visited
to get at all the facts, and for that pdrpose had included the
Advocates-Depute in his motion; but as it now appeared that
the Learned Lord bad been informed on the stll of April of
all that had been done, had approved of, and adopted it,
and that the conduct most complained of had taken place after
the Learned Lord had been apprised of the case, he thought it
fair and Parliamentary to treat that Learned Lord as the re.
sponsible person. Borthwick was apprehended at Duntlee.on
the 3d of April. It had been suggested, (but of whom it did
not appear), that lie was about to set off' for America. He
was put in irons on his way from Dundee to Edinburgh ; and
on the 4th, was committed to Edinburgh jail. He offered to
give hail, but it was refused ; he was not alion•ed to have any
communication with his counsel or agents until he had been
fir* examined. Had
he committed murder,
could be done than this.-(Hear, hear !)--He was afterwardsothing severer n
taken to Glasgow to be tried ; and when -he was brought up for
trial, Mr. Hopo, in the language of the law, "deserted, the
diet py o loco et import," which, in plain English, meant " I
will not try you now ; but I will try you when I pleese." Mr.
I lope then offered to liberate hint on small bail; but he was
advised by his counsel to reject this, anti remain, for the pre-
sent, in custody; because by giving bail, he would be liable
to have the charge remaining over his head, while by remain-
ing in custody, he would entitle himself to be discharged, in
eus course of law, for want of prosecution. He was therefore,
on the 4th of May, recommitted by the Court to custody, on the
prosecution of the Lord Advocate. Mr. Hope afterwards sent
a letter to him (Mr. A.) stating that Alexander had, on that
4th of May, determined to prosecute Borthwick at his own in-
stance. A. correspondence took place between the Crown
Agent and Alexander's Agent, in which the latter desired to
know whether the Lord Advocate intended to prosecute Borth-
wick at the public instance; and being answered in the nega.
tive, he desired to have the papers handed to him that he might
do so himself; and the papers were accordingly sent to him.
The question then which he bad to put to the Learned Lord
was, " Did he discharge Borthwick out of custody, having de-
teemined not to go on with the prosecution ?" He did not ;
and Borthwick was kept in custody on the prosecution of the
Learned Lord until the 4th of June, when he was committed
to custody at the instance of Alexander. It was no answer to
the case to say that it must be immaterial whether Borthwick
was kept in custody at one prosecution or the other. It was a
very material difference ; as Borthwick could bring no action
of wrongous imprisonment for .the time he was detained at

the instance of the Learned Lord. On the 25th day of May
Borthwick received notice of trial I and it was remarkable
that Mr. Stuart also received his notice of trial on the same
day. On the 10th day of June, Mr. Stuart was brought
to trial, and acquitted ; and, forty-eight hours afterwards,
Borthwick was discharged untried, and had never been
brought to trial to that moment.—(Hear, hear, hear !)
Under all these circumstances, he asked whether there had not
been every possible legal severity. inflicted upon this man ?
Here were the facts as to Borthwtck's case ; but he could not
forbear noticing the connection between his case and that of
Mr. Stuart. He should, of course, be told that there was no
connection between the two cases; but he should endeavour
to show that there was. He admitted there could be no doubt
whatever that Borthwick's desire to obtain the papers from the
desk of the printing-office, was to protect himself from the
effect of the prosecutions which had been commenced by Mr.
Stuart and others against himself and his partner for libels
published in their paper. The only way to conciliate Mr.
Stuart was to give up the manuscripts of the libels, in order
that the author might be discovered. No doubt whatever that
these papers were brought to Mr. Stuart by Borthwick's
agent; and that this had led to the fatal meetin between him
and Sir A. Boswell. It had been said that hr. Stuart had
resorted to. unjustifiable means to obtain possession of these
papers ; but nothing to this effect appeared in evidence on the
trial. The indictment stated Mr. Stuart's obtaining the papers
from Borthwick, in meditation of a duel with Sir Alexander
Boswell ; and if this could have been proved, it might have
materially injured Mr. Stuart. The only object of that Gen-
tleman, in desiring to obtain the papers, was to discover the
author of the libels against him. There was evidently a close
connexion between the two trials. and he apprehended it would
be incumbent on the Learned Lord, in consequence of this cir-
cumstance, to :thew that he had been actuated by upright mo-
tives, and without any desire to oppress Borthwick. It was
impossible to imagine any course betfer calculated, in all its
parts, to affect by prejudice the individual who was the object
of it. No man could consider the two cases to be distinct, and
the Learned Lord must be the inost unfortunate man in exist-
ence, if all these coincidences were the effect of chance. The
powers of the Learned Lord were undoubtedly great; but if
any man could be confined under them for so great a length of
time, and the Learned Lord not held accountable, it must be
highly subversive of the personal liberties cf the people of Scot-
land. If such a case could occur, and not call down the in-
dignation of that House, then those liberties would be held only
at the discretion of the Learned Lord. He saw some few of
those Gentlemen in the House who had been active in the late
inquiry into the conduct of the Attorney-General for Ireland.
No one, he apprehended, would put the treatment of the Dub-
lin rioters, aggravated as they chose, in competition with the
sufferings of Mr. Borthwick. He trusted, therefore, that the
Gentlemen who had been forward in the case he had alluded
to, would be ready to deal equal justice to Scotland. Wishing
the House to sanction the view he had opened to them of this
matter, he should move,—" That it is the opinion of this
House, that the conduct and proceedings of the Lord Advocate
of Scotland, in the case of William Alurray Borthwick, late
printer, of Haddington, were unjust and oppressive:"
The LORD ADVOCATE assured the.. Hon. and Learned
Gentleman who had just sat down, that it was with peculiar
satisfaction to himself that he at length saw this case before the
House. The delay which had occurred so much to his preju-
dice, had been accounted for, and therefore of that he should
not complain ; but the fact upon which it was grounded, viz.,
the late production of the papers was in no way attributable
to him, as they were in the Secretarynf State's Office at the
latter end of last Session, and upon finding they had not been
produced, he made inquiry into the cause, and had been told it
was owing to the Usher of the Black Rod having summoned the
House earlier than was expected. This case was new to the
House, for it had been brought before it last Session, in a man-
ner of which he then complained, and should ever continue to
complain. He alluded to the Hon. and Learned Gentleman
having made the affair of Borthwick the main topic of his state-
ment, without his (the Lord Advocate) having been at all
aware of his intention to do so. In consequence of this, he had
been taken unprepared with a knowledge of any of the facts ne-
cessary to his defence ; whereas, at the very time be could have
; a
I bßuit
he
le
had had almost all the papers now before the House. He could
at that time have told the Hon. and Learned Gentleman that he
had given an opinion against the proceedings of which he com-
plained,thatconfidence and directions that they should be stopped. lie might
have laid the whole blame on his Honourable Deputy in Scot-
landw
in him
asresnswibhliech for
assuredhis con-
duct,himthat lie had maintained no prosecution without adequate
grounds. As lie was
. not able to state the case of his Honour-
able Deputy, he preferred taking the whole blame on him-
self. This circumstance should have for ever remained un-
known as far as he was concerned had not the letter of that
Gentleman been the means of making it known. When the
Hon. and Learned Gentleman was in Edinburgh before the Sea.
sion, his Friends there, as well as the station which his young
Friend now occupied might have informed him that there was
some misconstruction of his conduct. But, as it was, he could
not
.but regard the course that had been taken as done with a
view to put down and crush the rising fame and talents of his
young Friend.—(lltar I from the Opposition.).—Hon. Gentle-
men might cheer that sentiment, but he was convinced there
were many disposed to put that uncharitable construction upon
it. He was, however, glad that it was now before the House.—
The Honourable and Learned Gentleman had volunteered to
prove, that in these proceedings the law had been perverted,
and for bad purposes, and he had confidently put it to
the House whether he had not redeemed his pledge.—The
House had now all the evidence before it,- and he did ex-
pect that even upon his own statement they Would decide that
he was not justified in such a conclusion. Even though the
powers of his office were unconstitutional, it would be his bu-
siness to assert and maintain in the discharge of his duty. But
the fact was, that the Lord Advocate of Scotland had no legal
powers whatever as such, beyond those of Public Prosecutor.
lie was a Justice of Peace only because his name was Inserted
as such in the Commission for every county. When a magi.
strate felt himself in difficulty, it was customary for him to ap-
ply to the Lord Advocate for advice, and he (the Lord Advocate)
should never refuse to give it. It was, perhaps, optional on both
sides, norwas the Magistrate bound to act upon the advice given,
for it could not absolve him from any responsibility attached to
any of his acts. But even as Public Prosecutor, his powers
had been magnified beyond their real extent. I t was certainly
true, as had been stated, that in Scotland there were no Grand
Juries, excepting in cases of treason ; but the security against
an undue exercise of the powers of the Lord Advocate in that
capacity was, that he would not dare to prosecute any indivi-
dual without adequate grounds. As aproof of that, his prede-
cessors had well used their power in this respect ; by a compa-
rison with England over the whole period, it would be found,
that out of 409 persons tried, 4:: only were acquitted; and that
for 480 persons transported in England, there were 111 only
in the same time for Scotland. Having stated this much pre-
liminary, lie would come to the subject before the House.
With respect to the appointment of the Solicitor General, he
had none of the merit of that. The HoUse would bear him out
in the use of the word merit, having had an opportunity ofjudg-
ing of his talents by his appearance at their bar; and he was
happy to say that nothing growing out of that occasion had
interrupted the confidence which in Scotland, the public
entertained in him. With regard to Mr. Alexander, lie had
nothing to do with him. It was with the public conduct of his
deputy he had to deal. It appeared that that case originally
came before Mr. Hope, from the Procurator Fiscal, or County
Prosecutor, of the place where the transactions were alleged
to have occurred. Application had been made to a Magis-
trate relative to certain patiers forcibly taken away by Borth-
wick, upon which an order was made for their production.
This order was repeated three times, before it appeared that
the papers had been taken to Edinburgh in Mr. Stuart's car-
riage. It was true that the Magistrate did not at that time
commit ; but. it was equally true, that if the prosecutor did not
ask it, it was not the practice in Scotland to commit. It was
in consequence of an application to the Sheriff of Edinburgh
on the subject, and the Procurator Fiscal entertaining doubts
as to nadring a public prosecution of it, that Mr. Hope was ap-
plied to for his advice. His opinion was, that it must be taken
up by the Public Prosecutor; the House had it recorded
amongst the papers on the table, and as it was a private opi-
nion, it should be received with every degree of favour. It was
also to be observed, that this was Mr. Hope's expressed opinion
long before the duel took place, consequently he could receive
no bias from that. In conseconce of this opinion, the proceed.
ings went on, and a variety of papers were afterwards laid be-
fore Mr. hope. Upon reference to the papers, it would be
seen that the statements of Borthwick, as to the recovery of
the documents in question, were full of falsehood. There was
another circumstance deserving consideration attendant on the
recovery of these documents. It appeared that Borthwick
was liberated from confinement upon a false statement made
to the Town-Clerk that his presence was required in Court as
a witness. • Instead, however, of that turning out to be the
fact, he was that same night at the Tontinz of Glasgow with
Mr. Stuart and his agents, planning the recovery of the do-
cuments. In execution of their plan, it appeared they went
to the office of Mr. Alexander, and finding no one on the pre-
mises but a boy of twelve years of age, they then, by the use
of picklocks made themselves masters of the papers. Borth-
wick himself said that he was taken out of prison, and his
debt of fifty pounds paid for that purpose, in order to take
away these papers. Thus there was an evident conspi-
racy on the part of law agents and others 'to commit the
crime. A crime he called it, because it was a theft. The do-
cument sought was one in possession of Mr. Alexander after
the partnership was ended, and was taken from his private
desk by the use of
_picklocks, along with many of his private
letters. It was said that this man Borthwick, went to resume
possession of his property, instead of which he in reality stole

these paws. He should not stop to inquire whetter such an
act was theft in the eyes of English lawyers—it was enough
for his case, and for Mr. Hope's justification that it was so
viewed by the law' of Scotland ; for it was as a Scotch
lawyer he was consulted. To constitute theft, he appre-
hended it was sufficient that papers were feloniously taken with-
out the consent of the owner. He knew it would be set up
on this occasion that the one document sought was the pro-
perty of Borthwick ; but admitting that, for the sake of
argument, the case was strong enough on the fact of his
having forcibly broken open the private depository of the
secret and confidential papers of Mr. Alexander, and therefrom
taken away many articles independent of what might be viewed
as the property of the joint comp Any. But all he had to sliew
was, that, in that stage of the business, there had been a prima
facie case to go before a Jury, and that there was, he humbly
submitted, on the facts he had stated. With regard to the
question of bail, it was long after the duel that Mr. Hope had
directed bail to be taken. When the Hon. and Learned Gen-

deman had last made his state,re it to the house, lie had repre-
sented the carrying of Borthwick from Dundee to Edinburgh
to be imprisoned, as oppression and cruel conduct, at the instiga-
don of the Crown Counsel. The Heim would judge for it-
self of the Hon. and Learned Gentleman's statements, when it
learned that it was at the request of Borthwick himself that he
had been conveyed to Edinburgh, in preference to the nearest
prison. Ile could shew that after his examination there, it
was honestly and sinmely thought that he ought to be sent to
trial, and that it was accordingly pushed on. He was sorry
that he had not been tried, for it would have saved much dis-
cussion-in that House; but why he was not tried was the ques-
tion then before them. The Hon. and Learned Gentleman had
told them that it was in the power of him (the Lord Advo-
cate') to have laid evidence before them, in elucidation of that
point. The House would do him the justice, however, to re-
member that lie (the Lord Advocate) had expressed his wil-
lingness to lay that evidence before them, but that the Right
Hon. Secretary of State for the Home Department had op-
posed his doing so, on the public principle that it was
not right to make public the confidential correspondence
of the Lord Advocate of Scotland in London, to his Deputy
in Edinburgh. If a theft had been committed, Mr. Stuart
must have been considered and treated as an accessary. Under
this view they determined not to proceed at that time, because
it would have prejudiced Mr. Stuart's trial. It was subse-
quently de:ermined that the proceedings should be stopped.
'With regard to the after proceedings at the suit of the private
party, the King's Counsel had nothing whatever to do in the
business, and he himself could have no controul over them.

He would submit to the House that no opinion could be enter-
tained prejudicial to him. With regard. to Mr. Hope he was
confident that many of his friends would be ready to justify
his conduct, and to shew that he had only acted with the pro-
per discretion entrusted to him by his office. To those who
did not know him, the charges of the Honourable and Learned
Gentleman would make it appear that ha had prostituted the
power of his office. Such a charge he rejected with the feel-
ings it merited. He referred to his conduct in the many poli-
tical trials which had taken place in Scotland since he had
been in office, as it refutation of any such aspersions. Let the
House come to any division it might, be should still have the
consoling reflection of having ,acted from. the purest motives ;
and he could now say, that if the same circumstances were to
transpire, he should, so help him God, act exactly in the same
manner. Having now stated his case to the House, if it were
necessary he should retire—(" No, no,")—but, at all events, he
should meet with confidence the acquittal of the House.—( Hear !)
Mr. J. P. GRANT said that he should feel it his duty to de-
cide in this case as impartially as if he were sitting as a Judge
upon the Bench. He had heard a most powerful accusation,
and a defence which was altogether wide of the question ; and
he should not therefore, form an opinion upon what had passed
in that House. The Hon. and Learned Gentleman then went
into a statement of the power and duties of the Lord Advocate
of Scotland, and contended that that officer could not depute to
another the power of putting a subject on his trial. Yet
the Learned Lord, according to his own statement, had
allowed the prosecution to be continued, upon the opinion
of Mr. Hope, and contrary to his own. With regard to
the charge of felony, he contended that it was iivossible for
any man who knew any thing of law to say that there had
been a theft committed. He would rest the whole case upon
this point. Whoever heard of a man committing theft upon
himself ? A man could not steal that which was his own, and
in partnerships the property is common. Then how did the
Learned Lord meet the charge of detaining Borthwick in pri-
son after the proceedings were stopped ? Why, that it was
done by mistake, the Crown Solicitor supposing there
was a charge against the prisoner at the suit of a private party.
%Vas it to be received as a defence in that House, that a
mostman
was kept in prison by mistake?—(Hear, hear !)—Upon a
deliberate view of the case, he could not refrain from voting
that censure which justice demanded. It was withr pain thatthe
he gave a criminatory vote in which the Learned d
w
Mr. HOME DR(.ISIMOND said, that the Hon. and Learn.
ed Gentleman who bad just sat down, commenced his speech
nad accusedbee
np
fullyarty,
madeb u
l t
tachlelarhbeed.
belief that the accusation
had
out 'as his
ia
uatandes
by an attack upon the powers of the Lord Advocate of Scot-
land, which was very common upon such occasions. But he had
made the extraordinary accusation in support of that attack,
that the Learned Lord had failed to exercise them. He con-
tended that it had always been the practice for the discretion
of putting a man on his trial or not, to ,be placed in the hands
of the Lord Advocate's Deputy. It necessarily must be so,
during half the year while the Lord Advocate was attending
his duties in Parliament, all accused persons must remain in
prison while the precognitions were sent up to London, and
considered by the Learned Lord, and then returned.—(Hear !)
—lie would ask the Hon. and Learned Gentleman, if this were
the way in which he desired to protect the liberty of the sub-
ject.—(Hear, hear!)—lse con .dered the Hon. and Learned
Gentleman to have put the case upon a proper issue, when lie
rested it upon the question of the theft having been committed.
To him it appeard that all the circumstances which constituted
theft were present in this case. It was impossible for any
man to doubt that a theft was committed, for independent •of
his breaking open the disk and disposing of the property for a
valuable consideration, he also carries! 'away the private pro-
perty of Mr. Alexander. There could be no doubt of the mala
fide, on his part, as his conduct had exhibited bail faith from
beginning to end. He got out of prison in the first instance by
practising one of the grossest falsehoods that ever was invented.
Through the means of one Macgregor, who, he was ashamed to
say, was in the profession of the law at Glasgow, he obtained
his release by applying to the Judge for leave to go to Edin-
burgh to give important evidence in a cause which was to come
on the next day, ).he whole of which was a falsehood. In fact
the business was begun in falsehood and ended in theft; and
he would take that opportunity of saving that he very much re-
gretted to see a Gentleman of Mr. Stuart's character and con-
nections concerned in such a transaction.
Mr. KENNEDY said, that if the Learned Lord had not
time to perform the duties which his office imposed, and also
to attend in his seat in Parliament, he had better go home and
let another and a responsible officer take his seat in that House.
—(llear, hear 1)—It, as the Hon.. and learned Member who
spoke last bail argued, the charge of theft could be made out,
how did that support the opinion and the conduct of the Lord
Advocate in not proceeding with the prosecution.—(Hear
He was convinced that if there was felony any where, it was
on the part of Mr. Alexander who removed the locks, and put
fresh ones upon the partnership property. It appeared to him
that the Learned Lord felt the weight of this accusation to be
such as he could not get rid of, or he would not have made a
statement so disjointed and incoherent as that which the Hcavei
had heard. The Hon. Gentleman, argued at some further leitgtit
that the House was bound in duty to carry the motion.
Lord BINNING said that the praise was, perhap., not
generally aware of the interest he bad in this question as being
the near relation of one of the accused parties. Ile was under
every disadvantage in having to treat of a legal question, but
lie did not fear beinp able to sliew that his Honourable Friend
and Relation, the Solicitor-General for Scotland, however he
might have erred in judgment, if there was error, had not acted
with bad faith, or from any impure motives. He supported
the right of that House to interfere in cases where there was
oppressive intention, but he did not think it well constituted
to judge of the everyday duties of Law Offliers.---(Hear,
hear, from Mr. M. A. Taylor.)—He knew there were many
great and able lawyers in the House, and amongst them was
the Honourable and Learned Gentleman who then interrupted
him ;—(A laugh.)—but they were not all so able to judge upon
points of Scotch law as the Chairman of the Doncaster Quar-
ter Sessions. With regard to the felony, he had a strong case.
11.:hweasAndovtoacatbea-iGlaebnleeraol,frentchee. STohliecitoArd-vGocaenteeraGl, d Lol
rd
him-
self
Chier Justice Clerk, thought it a felony. The latter declared
did not think lie had a bad case to try. He had no doubt
en ae
nm
of the felony, and the Solicitor-General was anxious to
bring Borthwick to trial. The Solicitor General first thought
of admitting Borthwick to bail, but afterwards altered -his
mind, because several vessels were in the port of Dundee,
by one of which it was probable he might wish to escape
to America. It was known he had that intention, as he was
seen skulking about Dundee. With respect to handcuffing
the person, it was always customary to handcuff' men who
show a disposition to commit violence. He became obstreper-
ous, contumacious, and ultimately pugnacious. The Noble
Lord knew the Judge Advocate had great responsibility. The
Solicitor-General might be right in his judgment, but he did
not think that Officer had incurred the least censure. His hope
was, that the House would- not visit with severity the error of
a young man, and blast his fame as a lawyer.
Mr. M. A. TAYLOR said, he was far from meaning any
offence when he cheered. He was not aware that the Noble
Lord considered him a good Scotch lawyer, but the Noble
Lord thought him a good Varlianientary lawyer, for the Noble

~~

Y

Lord had taken his advice respecting his qualification to sit in
the House of Commons as the son of a Scotch Peer. ~,
• ABERCROM BY replied, after which the
tiOitse
divile
d, when the numbers were—
For the Motion - . 96
Against it - - .. , 103
Majority . . ---6
The announcement of the numbers called forth mticit cheer-
ing from the Opposition-
Mr. GOULBU RN obtained leave to bring in a Bill, to make
compensation to the holders of certain offices in Ireland, abo-
lished by the Ist and 2d of George the Fourth.
Lord FOLKSTONE . postponed his motion respecting an
equitable adjustment a contracts, front Thursday next to
Thursday sennight.
The other Orders of the Day were then disposed of, and the
House adjourned at 11.ALF-PAsIONti: io'CLocx. this morning.
------------------

-,,;--_
PA.RLIAMENTARY PROCEEDINGS.
-.iP-

110eSE Of COMMONS.

Mara, 30 die fund, 1823.
NAT URALlZATlOg—rergusson's—Bill read a first time.
Ossu tsTox LICENSING 1 Bills read a second time, and
TIT llEs—St. Andrew, Holborn committed.
Cuunxit—BrightonPetition for leave to present a Petition
for a Bill referred to a Committee.
GAS Lulu TS—Rateliffe—bords Amendments agreed to.
BOADS—Whitechapel—Lords amendments agreed to.
Buir)oxs —London—Advance of Money from the Consolidated
Fund; the King's Recommendation having been signified ;
Commitee thereupon to-morrow (this day.) Limerick—Bill
read a third time, and passed.
Bills read a third time,
TAY FERRIES
JOINT TENANCY (Ireland) BILL I and passed.
BEER RETAIL TRADE BlLL—Petition from Manchester and
Salford; against.
FOREIGN TRADE COMMITTEE—Report brought up, and
read; to lie on the table, and to be printed.
COUNTY COURTS—BiII considered In Committee, and re-
ported ; further consideration of Report on Tueday next ;
Bill, as amended, to be printed.
CAPE BRETON—Copies and Extracts presented,---of Papers
relative to the re-annexation of the Island of Cape Breton to
the Government of Nova Scotia ; to be printed.
REvENtsE LAws—Petition of Ship-owners of Hull, for the
amendment thereof.
Sttirw RlGHTS—Petition of the working Shipwrights of Wool-
wich Yard, and the different Dock-yards on the Thames,
complaining of the low rate of Wages.
NAVY CONTRACTS—Accounts presented,—British Oak Tim-
ber contracted to be delivered at Portsmouth Yard ; and the
Daily pay of Shipwrights, &c. ; to be printed.
VICTUALLING CONTRACTS—Accounts presented—Highes
and lowest contracting prices for Wheat, &c. contracted to
be delivered at Deptford Yard ; to be printed.
SLIGO SALMON FistrEßY—Petition from Freeholders, &c.
of Sligo, for the restoration thereof to the Public.
SLIGO ELEClON—Petition of Freeholders of the Town and
County, complaining of the Expence of Controverted Elections.
MESSAGE FRONI TILE LORDS—That they have agreed to
Ely Drainage Bill—Halifax Improvement Bill—Banbury
Road Bill—and Brighton Gas Light Bills--without amend-
ment; and Abthorpe (Northampton) Inclosure Bill—with
amendments.

PRICE 0
THIS DAY AT

Rank Stock
3 per Cent,. Red. 8O
:I per Cent. Cana. .shut
3i per Cent. —
41;er Cent. 1 New d shirt
5 per Cents. 1797
Bank Long Ann. 20 5-piths i
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/ (

French

Spanish

NOTICES OF MOTIONS for THIS DAY.
1. Colonel Wood—Resolutions relative to the Law of Settle.
meat.
2. Mr. John Williams—Select Committee relating to the Court
of Chancery, and the Appellant Jurisdiction of the House
of Lords.
3. Mr. Dawson—Bill to regulate Gas Light Establishments.
4. Mr. Spring Rice—Motion relative to the Conduct of the
Chief Baron of Ireland; grounded on the Reports of the
Commissioners of Inquiry into the Fees and Emoluments
of the Officers of the Courts of Justice.
5. Mr. Gloulburn—Bill to regulate the Court of. Chancery in
Ireland.
6. Slr Henry Parnell—To move, as an Amendment on the Se-
cond Reading of Insurrections (Ireland) . Bill, for ap-
pointment of a Secret Committee, to inquire into the ex-
tent and object of the Disturbances existing in Ireland.
7. Mr. Courtenay—Bankruptg Laws.
IL Mr. Hume—Select Committee, to take into consideration
the existing Laws respecting Artizans leaving the Country;
and also, respecting the export of Machinery.
9. Colonel Barry—Dates of the several Informations upon
which the capital charges were founded against Forbes,
Handwich, and. Graham, for a conspiracy to kill and mur-
der the Lord Lieutenant of Ireland ; stating the name of
the Magistrate before whom each information was sworn.
ORDERS of the DAY for THIS DAY.
1. Transfereneeof Securities (Scotland) Bill—Second Reading.
2. Lancaster County Court Bill—Further Consideration of
Report.
3. Assessors at Elections Bill—Second Reading.
4. Great Sessions in Wales Bill—Second Reading.
5. Slave Trade Laws Consolidation Bill—Committee.
• 6. Occasional Freeholders Bin—Committee.
7. Supply—Postponed Resolutions of 30th April to be consi-
dered.
8. Tithes Composition (Ireland) Bill—Committee. •
9. Insurrections (Ireland) Bill—Second Reading.
10. Elections (Ireland) Bill—Committee.
n. Commutation of Tithes (Ireland) Bill—Committee.
12. Supply—Committee.
13. Ways and Means—Committee.
14. Capias udegatum Bill--Second Reading.'
15. Brimstone Drawback Act—Committee thereupon.
16. Barilla Duties Act—Committee thereupon.
17. Commiscial Credit (Ireland) Bill--Report.
ill. Unlawild Oaths (Ireland) Bill—Further consideration of
Report.
19. Church Rates (Ireland) Bill—Committee.
20. Sheriff Courts (Scotland) Bill—Third Reading.
21. London Bridgem (Advance of
pon Money from Consolidated
Fund)—Comittee thereu.
NOTICES GIVEN YESTERDAY.
Friday, June 6.
Mr. Solicitor-General—Bill to amend Insolvent Debtors Act.

Wednesday, June 11.
Lord Viscount Folkestone—Select Committee, to consider
the effects produced on all Contracts by the measures adopt-
ed for the resumption of Cash Payments, and by the Act
59 Geo, g, c. 49 ; and also, the expediency Of providing
sonic remedy for the said effects, and, amongst other
things, the practicability of establishing an equitable ad-
justxnent of (Jontracts. Deferred from June 5.
Wednesday, June 18.
Mr. Brougham—Motion relating to the administration of
Justice in Ireland. Deferred trom June 17•

F STOCKS
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PRICE or or FOREIGN STOCKS IN LONDON, JUNE 4,
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Ditto New 80k.
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'HIGH WATER AT LONDON BRIDGE TO-MORROW.
3lorning, 29 minutes after 10. Evening, 2 minutes after 11.

JUNE 3.—Monday week the Rev.
George Lillie Wodehouse Fauquier, Clerk, A. B. was instituted
to the Vicarage and Parish Church of Bacton, in this county,
on the presentation of them Hon. J. Wodehouse,his of
wit Won Park,
in the said county, gsq. d Charlotte Laura,fe.
—_. _ _

The Rev. A. Goode, jun. is appointed one of the Chaplains
of the Hon. Bast India Cornpany, on the Bombay station.