The Sun.
London, England, 1804-07-24 00:00:00

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EDINBURG:II, ju 29.

MILITIA LAWS.

. ,
Ttatt Court of had lately under their con.
sideration a most important'question, on the itnport
of that branch Of the Militia Laws which regards
ballot tingto supply the place of persons who have
paid the statutory penalty of 151. Sterling, in place
of either serving personally, or finding a substitute.
• A Gentleman.of :the City of Aberdeen had been
drawn by ballot,_to -serve. in place of a person for.
merly drawn, and who had paid the statutory penal.
ty. On, being served with .the usual notice to ap-
pear. 4ntt be sworn in, he offered a suspension of the
order, on the-ground that the ACi of Parliament did'
not authorize ,a ballot for supplying a deficiency
arising from this_cause ; on the contrary, that the
law had made a separate and special provision on
the head, by direaing that the penalties so paid
should be laid out and applied in providing a sub.
*attire to supply such vacancy; and should these
prove intodlicient, then the requisite sum ,was to be
made up by a tax on the valued, rent .of the County,_
in a manner specially pointed out by the statute :
,And it was further averred on the part of the Sus.
perdu, that the Lieutenancy of this County had in
their possession.,no less a sum than 30001. Sterling,
notwithstanding whereof they were going on ballot.'
kg. to -supply every, deficiency occasioned by. the
payment of the penalties ; a measure which, the
Suspender contended, was both illegal and oppres.
sive.

The Lieutenancy, on the other hand, deniid har.: ,
ing 'so large a sum in their hands, but declined to
`state the amount they were possessed of—As. they
contended, in point of law, that the suspension was,
by a special provision of the sthtute, altdgether hi.
competent, inasmuch as the Legislature had ex..
pressly enafted, that no order of. the Lieutenancy
could be prevented from being carried into execu-,
tion by the mode of suspension or atitocation—
That, if injustice in any case was done, the vary
oroplainiog behoved to seek his remedy by a coat.
morn. law action. In the present. case, I'Veyer,
they pleaded that no injustice was dune to the SA, .
}sender, inasmuch as the statute perfedly warrant.
ed the mode of ballot fur` a deficiency arising from.'
the present cause, as well as: from any other cause
whatever.
Lord CULLEN reported the case:to 'the Court,-
when their Lordships agreed that it was one of the
first, importance both to' the public service, and to
the liberty of the subjea. On the point of .corn.
pettncy,,the Court scented in general of opinion,'
that when the Lieutenancy went in any one in-
stance beyond the powers coniilred on them by the
statute, summary redress was coMpetent, even in
the firm' of H suspension ; otherwise great hardship,
nay injustice, might arise to the subject.-

On the merits of the case, how far the., Lieute.
nancy were santlioneill the statute to supply. a,
vacancy of this nati**l34llot, a coosiderawe
versity of opiiiiol.v.:tifik''plaC on the Bench. The
Bill .vas ultirpaliikreft.sel by the narrowest poSsi.
ble
.. The t opende: reclatfised, when the same &mid
in po:lnt.okow. was gene ClVf:r by both partiei. :In
puttit of lid: tlte.je,cutenancy now stated t!..ar, in
Place of .30001. alleged to be in their hands, there
was little mote than 420011 part of which was in the
hand 4, of the Clerks to
.the Subdivision Meetings,
and the remainder in the :hands.of the 'Clerk. to the
General Meeting, held teAbertieen ; which became,
accessary 'from the greater .number of .then being
there levied. This money, they stated, would at
all events only raise 80 men, at the rate of isl,
each, while double that 'number, was d4iLieot of
the quota tc, be furnished by the County.'
The Suspender, on the other hand, repeated' his
averment, that, whatever 'sum might now be in the,
hands of LieUtenancy,' there tnosi.eertainly was not
less than 30001. oftmapplied penalties in their hands
when the bid ,}esuspenstion was presented; and that
the measure had 'been attended with the hapPieir
.consequences to the public,. inismitch 'as the Lieu."
tenancy had since that time been More' than coin.
manly affive in procuring men by the application .of.
penalties, notwithstanding whereof they were lib_
liged to 'acknowledge their having still somewhat
more than t 2001. in thefr handi; and therefore,
they ought not, in juStied,"th.the subjea, to be al.'
imeed to continue' to ballot for men while any pint
of this fund remained.unapplied.
The. case again underwent a very full discussion
on the Bench;. 'lle Judges regretted that a tines.
tion of so great and general importance, as the pier
sent wai.acknowledged to be, should have come to
be deter Mined at so late a period of the SeSsion.
The former judgment, refusing 'the Bill, was ad.
heard to.

A t.tbe Office, Marlbormigh.st reet, on Sa.
turday, John Cartwright and, jalepb Ingham were_
charged with:Conspiring together for the purpose of.
procuring, Cartwright a service iii a Gentleman's
family, by a forged inatrument. Cartwright had
engaged himielf as fuotman to P. Pa'rroN, Eqi.
ot,Lower Grosvenor.street, and had referred to log.:
ham for a character, whom he stated to have lately
left, And who resided at Langley. The prosecutor
referred*to Langley by a letter, Addressed J. A.
Ingham, Esq. and he received an answer, by
letter, of Cartwright's personal accomplishments
and abilities, rectnninending him in so, strong a
manner, that no doubts could arise respcling him.
After Cartwright had been six weeks in the
service, he was, as customary, in .such like cases,
detected in pilfering als, when Mr. P. made a
thotongh investigation of hilt chatafter, and J. A.
,ingbarn, Esq. proved to beli-pvrson that obtained
his living, by the illicit triOdes,,ptaCiiied'by Cart.
%right, The case being .clearly proved that Tog.
ham had been privy to the ,deception, they were
each sentenced to three months. imprisonment.