Star.
London, England, 1822-06-26 00:00:00

A

employer stood in need of. Suppose that the Gagle-
man who employed the farmer to buy for him should
have another agent in the market selling corn for.
him, on account of his having more of that commo-
dity than he wanted. What would people say when
they found the'sime matt emPloying two agents, one
to buy and the other to sell Whim in the same mar-
ket? and would this produce no effect on the prices?
It certainly would ; and seep a case was-exactly
similar to the proceeding.now proposed nate adopted.
He was confident that the keeping up a Sinking Fund,
while such an operation as the one intended by this
Bill was going forward, would be attended with con-
siderable loss to the Public: and he wished to knoW
why the Sinking Fund, which was at the disposal of
Government, should not be made available to the in-
tended object ? He defied the Noble Earl to do any
thing that could more affect the Sinking Fund than
this. If the Commissioners of the Sinking Fund,
however, were enabled to buy the very stock that
was to be created' dry this 13.111, that would be the most
woeful mode in which the thing could be effected.—
The Noble Marquis next alluded to the negotiation
entered into some weeks ago, between the Govern-
mint and the Bank of England, relative to the re•
newal of the Charter, on condition that certain privi-
leges were to be granted to Banking Companies;
and, as he had not lately heard anything on the sub-
ject, he took it for granted that the project was laid
aside altogether.
The Earl of LAUDERDALE said, the distress of
the country was owing to there being no mai ket for'
our commodities, and this arose from excessive taxa-
tion, which he wished to see reduced by every pos-
sible means ; and as the measure then before the
had such reduction for its object, he should
not oppose it. The operation of this plan would be
to take C9.,800,000 out of the hands of some rich
citizens, and he was sure that that money circulating
through the country would create a market. But the
keeping up a Sinking Fund of five millions would
considerably counteract this operation ; for the taking
five millions from the pockets of the People would
have a fatal effect on the markets of the country.—
The great evil the People laboured under was the
want of a market ; and the great object of Govern-
ment should be, to take care that there should be a
demand for everything that was to be consumed. On
this principle he could not approve of raising a capi-
tal by a Sinking Fund. ,If that fund were allowed to,
remain in the pockets of the People, there would then'
be a demand tor articles of consumption ; and what
reason could there be for not giving up that fund?
• To relieve the People from it would enable them to
bear their burdens much better than they could now
bear them. If the relief were extended (or six or
seven years, there would-be a relief at the end of that
time of one hundred millions. The present Bill pro-
vided that the Commissioners should make quarterly
payments, and should only receive half-yearly pay-
Merits from the Treasury. Now he had made a cal-
culation that this would be ultimately a loss to. the
Com missi oners,in the difference between thecompound
interest on what they received, and what they paid.
The Earl- of LIVERPOOL explained. He said,
his calculations wsre different from those of the Noble
Earl ; but if there was an error, it might be rectified.
He differed from the Noble Earl in what he said
about capitalists, and could see no difference between
that which remained in the pockets of the people, and
that which, after being taken from them, went back
to their pockets again. It would only be a diversion
of the wealth of the country from one channel to ano-
ther; and by keeping up the credit of the country,
Would be more serviceable to the landed interest, and
thus the money would go more effectually into the
pockets of the people- than by any other way.. He
knew of no way by which an increase of debt incase
of war could take place, except by buying off as
much debt as possible in time of peace; and, there-
fore, he could not conceive why a Sinking Fund,
which tended to effect that purpose, could be ob-
jected to. As to what had been observed by the
Noble Marquis, relative to certain arrangements
lately entered into by the Government with the Bank
of England, he thought it necessary to state, that it
was not intended to take any step during the present
Session relative to the renewal of the Bank Charter.
Lord LAUDERDALE said, he used the word ca-
pital in the same sense as every writer on political
economy of this and every other country.
Lord KING wished to know if there was anything
at this time like a Sinking Fund? He (Lord King)
Maintained that there could be no such thing as a
Sinking Fund, until the debt due by the Government
to the Bank was paid. As to the present Bill, its
principle was a reduction of taxation, and as such it
certainly covered a multitude of absurdities. The
Ministers had never begun to reduce taxation until
they were compelled to it ; and he hoped that, before
next Session of Parliament, the Noble Earl would
see the absolute necessity of reducing taxation four
times lower than was done in this Session. They
were long since obliged to give up the Income Tax;
but although the people were insulted by being
charged *ah " in ignorant impatience of taxation,"
yet Ministers were now forced to reduce a part of the
same. Ile maintained that taxation was the chief
cause Of the distresses of the people; because, by ex-
cessive takes, hitteased numbers of idlers were living
at the eipesite Of the industrious. As to the Bill
nOw habit the House, be could not see on what
grOtihd it bad been introduced. The Bill also ap-
peared Vritboht a preamble; and it was his intention,
to anothet 'sue., to introduce a clause which should
remedy that defect.
Lord LAN SDOWN explained. He was favourable
to a tifinking Fund in time or war, but not of peace._
The Bill was then read a second time, and ordered
to be tottunitted bn Tuesday next.
The other Orders of the Darbeing disposed of, the
at tight o'Clock, adjourned.
HOUSE 'OF COMMONS.

?Jr. Ricnaans,Otti the &Won* House, Clerkenwell, pro-
tented a Return of the Monies paid within the last year for the
Expense of Witnesses on Public Prosecutions.—Ordered to lie
un the table.
12;1r. WaorrnsLET brought ih a Bill to prevent Washings
or other Substances produced from the Mantiftet are of Gas from
being conveyed tote any River or Book.
A blanpaa asked yebcm these substances were to be taken to
wnorrgsLEY said anywhere, so that the Public
V it--XA laugh).
from Mr. 0:- Gringo, INr. J. P. Gamer,
BiU was read a first time, and ordered to
.ne on Monday next.
'LEY presented a Petition front the Master,
and Assistants of the Con paSz of Cutlers

not his intention , plaL.
thaw they were under the law as know stood, and-they+ should
be therefore exempted from the Stamp .dudes.—The Report was
ordered to be brought.up this day se'nnight.
Mr. W. small called the attention of the Right lion. Se-
cretary to the many violations of the lase-which were taking
place in the Manufacturing Districts, with respect to the time
for the work of children in Cotton Manufactories. lk
hoped the Right Hon. Secretary would direct his attention to
the subject.
Mr. Secretary PEEL said it was his intention next Session
to propose the appointment of a Committee to hear evideace on
the subject alluded to by the Hon. Gentleman.
Mr. W. SPri nu moved that there be laid before the House
a cepy of a Rale made on Saturday last, by the Court of Ex-
chequer, 'respecting the issue of Extents in Aid —Ordered.
Mr. lIOLIHOUSE presented a Petition from cartain In-
habitants of Camberwell, being Protestant Dissenters, pray-
ing for an alteration in the Marriage Servics.--Ordersd to lie
OD the table.-
Mr. WODF.HOUSE said, by the provisions of an Act re-
cently passed for increasing the Duties on. Excise Licenses,
maltsters were subjected to very considerable hardships. By the
former Act a maltster took out a license, for which he paid
4!. 2s. 6d. which covered him from any ether charges. By the
new Act the duty was increased to upwards of 5/. and he was
obliged to take out a license for each distinct building.
The CHANCELLOR of the EXCHEQUER said, that he
was not aware of any such regulation in the Act alluded to by
the Hon. Gentleman, but he would make inquiries.
A. Message from the Lords here announced their Lordships
Assent to some Bills.
CASE OF SIDNEY

IIOBIIOUSE rose to present a Petition from three per-
sons of the name of Smith, brothers of a convict at Botany Bay,
who had been found guilty of robbing a Mr. Middleton of his
watch and pocket-book, on the 15th of August, 1820, and who,
for that offence, was sentenced to transportation for life. The
Hon. Member stated, that there were now abut dance of proofs
to chew that this Smith was not the person who rubbed Mr.
Middleton. The evidence on the trial at the Old Bailey was en-
tirely circumstantial, for the prosecutor disclaimed all knowledge
of the prisoner's identity, and the verdict of the Jury was founded
entirely upon the testimony of Colton and Taylor, the two Bow-
street officers who arrested him. It was not, however, till the
November follosiing the trial, that any light was throw* upon
the affair, and for the exposition which then took place, the pri-
soner and the Public were wholly indebted to the active huma-
nity of Mr. Sheriff Parkins. Mr. Parkins happened to see in the
Papers that a person was cast for death, for having robbed Mr.
Middleton on the day in question. The robbery occurred in the
Strand, very near Mr. Parkins's carriage, and, as he had wit-
nessed the transaction, he was curious to know if he could iden-
tify the robber again. He repaired to Newgate, but the mo-
ment he saw Smith in the Press-yard, he was convinced that he
was not the guilty person ; for Mr. Parkins had a• distinct recol-
lection of the person who did in fact commit the robbery, Some
Inquiry was then set. on foot, and Taylor and Colton being ap-
plied to, they stated their concurrence in Mr. Parkins's opinion,
and one of them went so far as to say he knew the person who
was the robber, from the deseription which Mr. Parkins gave of
him. Ife (Mr. Hobhouse) had the letters of these men on the
subject to Mr. Parkins. The name of the person whom the
constable suspected was Hedrop, who was left at large until Fe.
bruary, in the year after, when, being taken up,. he was tried,
and found guilty. No mitigation, however, of the sentence was
yet extended to Smith. The Hon. Member said, he was sure'
it was a oversight on the part of the Horne Department, else
Smith's sentence would have been before remitted. There were
the testimonies of many respectable shopkeepers of Middlesex to
Smith's general good character. Ile wished to call the attention
of the Right Hon. the Secretary of State to the subject. He read
a letter from a peripn of the name of Looce, stating that Colton
had appeared as a witness seventeen times, and that he and others
were observed frequently quarrelling about the division of in-
formation-money.
Mr. Secretary PEEL objected to the establishment of a pre-
cedent for inquiring in that House into the evidence adduced in
cases connected with the crimininal administration of justice.
He should not enter info the details.of the case. Every inquiry
had been made into it. The Judge and Jury were satisfied ;
his (Mr. Peel's) predecessor and himself were perfectly satisfied
of the justice of the conviction, and that the law ought to take
its course.

Mt. CREF.V/tY thought it was fully proved that the indivi-
dual was net at ail concerned in the robbery.
Mr. BENNET said he believed there was a conassrein/ spe-
culation among the Runners of Police Officers to swear away
men 'S lives. It had been proved at one of the Mica, that they
would swear, and did swear for each other. -He trusted the
Right Hon. Secretary would review his determination.
Nr. W. SMITH was not insensible to the danger of the
prekedent alluded to by the Right Hon. /Secretary; but he
trusted the Right Hon. Gentleman would again direct his attn..
don to the case. _

Mr. Secretary PEEL explained. It was the eonstant prac-
tice of the Government to receive evidence of new facts in fa-
vour of persons convicted.
The Petition was then read, and, after a few words from Mr.
Hoanoess, was ordered to lie on the table.
SCOTTISH PRESS.

Mr. ABEItCROMBY, on rising to bring forward
his promised Motion respecting the conduct of the
Lord Advocate with respect to the Scottish Press,•
observed, that he felt it necessary to request the in-
dulgent attention of the House, although the sub-
ject of his motion was of a local nature, as it was
connected entirely with Scottish affairs. If, how-
ever, he should be able to shew that the Learned
Lord opposite, and his colleagues, had sullied the
dignity of their offices, not only by connecting them-
selves with the Press, but, through that connexion,
by a systematic attempt to calumniate 'individuals,
and to affix stains upon their character to which no
man of honour could patiently submit; and if he
could shew that this practice had been sanctioned
and countenanced by the Learned Lord, and that
by his instrumentality the forms of law had been
perverted for bad motives, he had a sight to expect
that the House would not remain altogether passive
on the subject, even though it referred entirely to
the affairs of Scotland--(Hear, hem).--He stood
before the House in the character of a public ac•
cuser ; and if he could assume such a character to
gratify party feelings, there was no term of repro-
bation sufficiently strong which could be applied to
his conduct ; but as he conceived that it was in his
power to shew that a gross attack had been made
upon the liberty of the subject, and that the law had
been perverted for oppressive purposes, he thought
he should abandon his duty by shrinking to bring
the subject under the consideration of the House.—
He should state nothing to the House without due
consideration ; but as it was necessary for him to'
comment on the different facts, as he proceeded, he
trusted that any expression he might utter not alto-
gether warranted by the facts thetwelves, would not
be attributed ,to any improper feeling. He would
himself be the first to retract such an expression.—
His motion was in some measure connected with the
, late trial of Mr. James Stuart, but he should rely as
little as possible on the proceedings respecting that
trial, though he thought there had been in the course
of them much harsh and unnecessary delay. After
' explaining the delay which had taken place in his
own motion, and which he stated to have been occa-
sioned by the proceedings against Borthwick at

Edinburgh; the 'Honourable and Liarntiri Member!
proceeded to state, that Ife should first bring:under
the notica/Of the House the powers which were by
law entrusted to the Lord Advocate of Scotland, in
virtue of his office. He should then state the facts
with which the Learned Lord and his colleagues
«•ere connected, and•the transactions in which they
had been engaged with regard to the Press of Scot•
land ; particularly noticing the oppression, which he
contended had been exercised in the case of B.rth-
wick. Upon these he should not ask the House to
come to any definitive opinion at present. He
thought he should make out a case which would ir-
resistibly call for a Committee of Inquiry, and not
dad the House should be in possession of the Re-
port of that Committee, would he ask them to come
to any ultimate decision whatever. First, then, ad-
dressing himself to the powers entrusted to the Lord
Advocate—in his person were container the powers
of the ancient Privy Council of Scotland ; powers
which, hefore the Union, were exercised by the
Lord Justice General, the Lord Chief Justice Clerk,
and other high Officers. These powers were claimed
for the'office of Lord Advocate in the year 1804, by
a Learned Lord who then held the office, but who
was now the Lord President. These were extensive,,
not to say dangerous powers, and he did not mean
to say that the Lent ned Lord would ever attempt to
diercise them—(llear,hear).—One of them included
the power of superseding the criminal jurisdiction of
the country, and bringing the accused to trial before
the Council as a special Court. There was scarcely
any great act of outrage or injustice noticed in the
history of Scotland which was not referable to the
exercise of those powers. However, die Learned
Lord was, in practice, the public prosecutor. He could
bring a man to trial without the previous *sanction
of a Grand JUry ; and though his power was par-
tially restrained by an Act of Parliament of the year
1701, ordaining that he should bring the accused to
trial within 60 days, he had the power of postpone..
meat, by various delays, to the extent of 110 days,
the whole of which time he could retain a man in
custody without bringing him to trial, although that
man might afterwards prove to be innocent of the
offence charged against him. It was true that a
private individual might commence public prosecu-
dons ; but this right was shackled by so many re-
straints, that it was seldom or ever put in force.—
The private prosecutor was liable to pay all expenses
if he failed, and for them he could be compelled to
give security. He could be compelled to swear that
he believed in the truth of the accusation ; and,
above all, he could not prosecute at all, unless he
could shew that he had sustained a personal injury
from the offence. This was an outline of the powers
placed in the hands of the Lord Advocate. The
Lord Advocate and Solicitor General were of course
appointed by the Crown ; and the former had the
privilege of appointing Advocates Depute to repre-
sent him on the several Circuits, and to exercise
many of his powers ; and he might here inform the
House that his motion related to the conduCt of
the Lord Advocate, the Solicitor General, and two
of the Advocates Depute--(Near, hear).--The
House, and all thinking men, would agree with
him in saying, that in proportion to the magni-
tude of these should be the vigilance of the
House and the Public in noticing their exercise.—
It shoald be observed too, that in some instances the
office of Lord Advocate was a judicial office; so thikt
if there ever was a case in which great temper, great
forbearance, and judicial dignity of conduct ought to
be united in the same person—it was in him. who
filled the office of Lord Advocate. Above all, they
had a right to expect that he would never interfere
in any matter which he might reasonably think would
come before him in his judicial capacity. If, for in-
stance, he observed the dissemination of libels, sedi-
tious or blasphemou-, or tending to any breach of
the peace, and especially to that which might end in
murder, it became his duty to interfere to punish the
offender, or to prevent the mischief. Unfortunately,
however, his (Mr. Abercromby's) charge against the
Learned Lord, was a crime of commission, and not
of omission. He charged the Learned Lord with
having used his patronage, his money, and the sanc-
tion of his high office, to the encouragement and
I maintenance of a regular system of calumny, in
the shape of libels on individuals; a crime rendered
the more grave and serious %%hen it was remembered
that the Learned Lord was also a co-existing Secre-
tary of State for the Home Department, inasmuch
as he was the regular official communicant with the
Home Secretary upon all matters respecting the in-
ternal government of Scotland. He should here in-
form the House. that, since the Union, Scotland
having lost its Parliament, the principal attraction io
its capital was the Bar, which could boast of having
among its Members men of first-rate talent and edu-
cation, and of the highest possible character, and
those, of course, possessed considerable influence in
the country. The number was from 150 to 200 ;
and it was to be observed that the Lord Advocate
had the patronage of 80 places to be distributed
among members of the Bar. The House, therefore,
were able to judge of the good or the ill which
might be worked accordingly as this patronage was
well or ill directed. He should proceed to inform
the House that, in the year 1820, there was a Paper
in existence called The Clydesdale Journal; this
was a Provincial Paper, and was soon after re-
moved to Glasgow, and took the additional tide of
the Glasgow Sentinel, and on this occasion the
Learned Lord and other individuals signed a circu-
lar, strongly recommending to public patronage the
Clydesdale Journal, as deserving of public support.
This paper was signed the 20th of November, 1820.
—Now how had this Journal been previously con-
ducted ? Had it been carried on so as to deserve
that recommendation ? He had seen large extracts
from the Clydesdale Journal previous to that date,
containing libels must gross, base, and wicked, on
private individuals. He would not ask the House to
take thii on his assertion; but he would state cases
which would fully establish his assertion. Ile had
the case from a Gentleman of much respectability,
and who had received a favour from Government.
The words were, " the Clydesdale Journal had been
much injured by the personalities it contained which
could do it no credit.' These were the words of a
strenuous supporter of the Paper before it received
the support of the Learned Lord. Copies of the re-
commendation of the. Learned Lord were sent round
to all the friends of Government. More than 200
had been circulated of these recommeetiatioes,

teolLzittrulb7actthnoiedonf exception
abused
duir
anlerodtaf.hsetawmnipor,re.im.nhi.cia:vadotranbslnee;ritit:ig tee:sin:3,l;l
Journal, and
and all attached to them. Mr. Eaton
knew that the Learned Lord had signed the ream'.
siustdotion of that Paper. Mr. Eaton. was, from his
conduct, unworthy ofu judicial siteation, and yet be •
was in his office at the present hour. le„januar• y,
1821, a Resolution was taken at Edinburgh to estx.
blish the Beacon Newspaper, and no les.- than 803.
names had been subscribed. 'Meow veep was to
open an account at'. the traskinouso of Sir • W,.
Forbes. A. security was demanded, and some of the.
names to the bond were the Lord Advocate, the
Solicitor-General, two. Advocate Deputes, and sir
Walter:Scott. If the account of the Berman balance*
itself, then no demand was to be made on the
scribers; if not, a rate was to be fixed for defraying:
the expenses. Soon after the putlication one of the
subscribers objected to the mode of conducting the
Neer, and that being .unattended to, he withdrew. .
ltis name, and never after allowed the Paper to enter.
his door—(Hear, hear).—lf this individual should:
be asked why he had not withdrawn his name fi oire
the bond, he believed he would answer that he durst
not withdraw his name from a bond to which the
Learned Loaf was a patty—(Hear).—From the
moment it became known who were the real authors
of the Paper, they were so beset with applications
from the parties whom they had maligned, that
the Paper was immediately given up--(Hear, hear).
The Learned Gentleman then alluded to the correse
pondence of the Learned Lord with Mr. Stuart, in
which he had stated that it was political, and not Ist
vate character that was the object of attack ; and that
he was no party to what had been said against Mr.
Stuart. But that Paper depended. Wholly on the
patronage of the Learned Lord; and his conduct
was to be judged of, not from his professions after
he.had been detected, but from what had. taken place
during the continuance of 'the Paper—(Hear, hear).
He could prove that all the nurebers of the Beacon
had been regularly sent to the Learned Lord. In
reading a number of the Beacon, be found a speech
of the Learned Lord on. the Scotch Jury Bill, topic
for topic, argument for argument, and illustration
tem. illustration. That was certainly a singular coin-
cidence. The Learned Lord had assigned, as a rea-
son for not withdrawing his name, that he did not
wish to shield himself from any pecuniary considera-
tions; and yet, in the course of-ten days, when no-
tice had been given him that an action for damagrs
had been brought against him, he withdrew his
name. The Learned Lord, as a proprietor of the
Paper, was liable for all that it contained ; and in
any case where he was she public prosecutor, he must
have held the same language to the Jury. In 1793,
Captain Johnstone, the Proprietor of an Edinburgh
Paper, was brought to the Ber for a libel on one of
the Judges; and though he proved that he was them
ill in bed, and that the inset tion of the article was
against his instructions, yet he aas punished for the
libel. Did the Learned Lord reflect, that it was the
sarcasms in the Beacon and the Sentinel that laid Mr.
Stuart under the moral necessity that led to the late
fatal result? The contents of these Papers had a di-
rect tendency to produce a breach of the peace, as
one of them contained a paragraph, in which it was
stated, that the authors were always ready to give
their names, and that that circumstance marked
it a gentlemanly Paper---(Elear).—An action had
been brought by Mr. Stuart against the Proprietors
of the Sentitiel, and two of the Advocate Deputes
stated it as their opinion, that the articles coniplained
of were perfectly justifiable, though the attack upon
Mr. Stuart had been in the greatest degree per-
sonal; and had led to a fatal result. Ile had to state
a case of grots oppression, that would supersede Al
comment. The case was that of W. Mat ray Barth-
wick. He (Borthwick) had some connection e ith a
man of the name of Alexander, and in 1821, they
carried on the Sentinel in conjunction. In November,
1821, they agreed to dissolve partnership, and Alex-
ander was to pay £2O in money, and 1:90 in bills.—
The bill for I:90 was not good, and on the 18th of
December, 1821, Borthwick proceeded to sue for the
money, or for a reinstatement in the property of the
Paper. The Magistrates of Glasgow, on the 14th of
February, found Alexander bound to fulfil the agree-
ment, and if not done within six days, then Borth-
wick was to be reinstated in his former rights.—
On the Ist of March, by a warrant from the Ma-
gistrates, Borthwick took possession of the premises,
carried off the key of the safe, and such of the papers
as he tho Ugh expedient, and announced his intention
of returning next morning. No opposition was then
made by Alexander ; but on the 2d of March Borth-
wick was arrested, end.on the 10th of March he was
liberated, and then Alexander offered terms. Borth-
wiek stated what had taken place to the Magistrates
of Glasgow, and Alexander then preferred a charge
of theft against Bolthwiek; and the Procurator-Fis-
cal, to avert all responsibility from himself, pot at
the bottom of the paper, " Concurred only." Borth•
wick was immediately discharged by the Magistrates
of Glasgow, and going to Edit:burgh, lived without
concealment. An attempt was then made to Cantle
possession of Dot thwick's papers before the Sheriff of
Edinburgh, and ueon that occasion one ef the Learned
Lord's Deputes acted as Counsel for Alexander.—
On the 4th of April Bortinvick was arrested at Dun-
dee, and was put in irons. He was brought to Edin-
burgh, guarded by two men armed with pistols; bal
was refused, and he was indicted on the 6th of April,
and the trial fixed for the 24th. The utmost anxiety
was expressed by Borthwick for the trial, when
Hope, the Advocate-Depute, deserted the diet, fro
loco et tempore, at the same time offering to liberate
him on bail. By the advice of iris Counsel that offer
was refused, as otherwise he could not have the bene-
fit of the Act of 1701. Furry days elapsed, and WI
order was made by the Lords of justiciary lot his
release; when Alexander, with the concourse (coa-
currence) of the Lord Advocate, preferred the saute
charge as that which had fOrMerly been pronounced
.by the Magistrates of Glasgow wholly unfounded.—
The Learned Lord might say that he could not lee
fuse his concurrence; belt that opinion was disputed
by some of the ablest writers on the law of Scotlead.
—The Learned Lard most have known that no real
charge could lie against the man. If the Learned
Lord thought horthwick guilty, why did he Allow
Alexander to interpose? Within forty-eight hours
after the trial of Mr. Stuart, Borthwick- was di -
charged, after seventy days confinement. In

7:1-‘31:erlunerdotr.archson:eadtr.dsb:iefii

stpama, OcrmwMOrmlatimaift
Midi* the. .
east tk . able.
The &mai' Bill sed a and patavd.
Mt. CU RWE!•l4noved for a Copy of ityrileeefrluttication
which bad taken place between the Racist WM AileTreasuty,
I resp.stise the proposed duty of Ss a kinked en Ssit:—Ordered.
The Stamp Duties Bill was, upon the motion of Mr. Lusu-
wenn, recommitted. In tle Couto:btu *e /loft Gentleman
Istated, in answer to a question from Mr. liitshitouse, thaoit was
not his intention to place Benefit Societies la a worse condition

Bmtlirvick had been patronised by the Learned Lord.
No man could doubt that it was meant by these pro-
ccodings to raise a prejudice against Mr. Stuart—
(,:co.—If such abuses did not call krinciniry, the
ilo:se rriq be callous to suffering, and dead to the
lore of liberty. Ile wished for a Committee, that
li:liqers and the country might know how Scotland
4•: verned. An action had been brought by Mr.
against Mr. Cheak, for what had appeared in
13:von, and the day that the trial was to come
on, a journeyman printer, disappettted, and
t1::•ii in Park. The Edinburgh Correspondent ,
merly been patronized by the. Learned Lord,
Int lia,l lost that patronage for refusing to go the
length at the trial of the Queen—(Hear).=
itc: the fall of the Berton a negotiation took plaCe,
312 the g:.eat difficulty lay in the choice of an Editor,
:;;to should conduct the Paper, and see how it was to
made the vehicle of private slander. He could
,rove, that a Counsel for the Crown was a leading
,arty in these transactions !—(Hear)—The example
the Learned Lord had been widely followed through
:icotlanil: from Inverness to Dumfries a spirit simi-
.

1r to that manifested at Hamilton had appeared.
1,1t2 melancholy death of Sir Alexander Boswell

v: is not the only lesson which Scotland had received

vlan this subject—they had also to lament the death
of Mr. Scott, a Gentleman of education and charac-
tr, whose loss was universally deplored : it was
11;51:gilt the party in question would have been satis-
€:2, with this victim—he was the first victim of their
rr.t:igriy, and the first victim .to their pistols 1—
hear, hear).—He trusted he had made out 4,
s:rong cage for appointing a Committee. He con-

eluded by moving.—
" That a Committee be appointed to inquire into the conduct
of the Lord Advocate and the other Law Officers of the Crown
in Scotland, with reference to the Public Press of that country,
and especially with regard to the prosecution against William
Borthwick."—The !notion having been seconded, and put,
The LORD ADVOCATE said, that he relied on
the liberal indulgence of the House, under the diffi-
culties of his situation, in rising to enter upon the de-
fence of his oi.vui character, which had been arraigned
before them. If the Hon. and Learned Gentleman's
"notion was carried, it would be the appointment of
Committee for such purposes as would imply a vote
ct-ccnsure upon him, and thereby injure him in all
:!,,q was valuable to him to preserve untouched, viz.

honour and character. He complained not so
m•ich of the manner and time that the Honourable
;,1:1 Learned Gentleman had put forward this mo-
ti.:r., as of his nut having given him timely notice
f-'r preparation for such a statement as he had
made. He looked upon the notice in the Order-book
as touching only his general conduct as to the press,
ri:d did not anticipate such minute particulars being
gone into as they had heard. When Mr. Whitbread
brought a charge against the last Lord Advocate he
had the courtesy, before putting him on his trial, to
tarnish him with a complete knowledge of his accu-
..

sations, and thus enabled him to come fully prepared
before the House. But he had heard the first of his
charges that night, although he might have brought
forward a general motion on the subject ten months
ago, and had threatened to do so, it was not till three
days after the death of Sir A. Boswell. in whom he
had lost a friend, and when the public feeling ran
high, that he had thought a fit time for such a motion.
If he thought as he stated he did, it was his duty to
have taken measures not to allow him to disgrace the
office which be held. Fur the last eight days, the
public press had done everything in its power to pre-
judge this question ; and this too, at a time, when
he was a defendant in an action of damages to the
amount of I:10,000,as a proprietor in one of the papers
alluded to by the Hon. and Learned Gentleman.—

These were the preliminary observations he had to
trouble the. House with. With regard to the charges
brought against him, that House must be aware that
he stood in a situation of difficulty, inasmuch as he
was connected with other individuals, Mr. Hope, Mr.
Mt Neal, and others. The House would be aware of
the hardship of the case upon these individuals, he
being called upon to make their defence, having no
means of communication with them, and not know-
ing of the charges against them till that day. The'
Hon. and Learned Gentleman had began by speak-
ing of the nature of the powers belonging to the Lord
Advocate. The chief power of that officer was that
of public prosecutor, and the diminution of prosecu-
tions shewed that it had been exercised honestly of
late ; and he was convinced that the effect of the
power so exercised was to bring fewer persons to trial.
The power had always been exercised with the greatest
moderation. With reference to the matters immedi-
ately touching himself personally, in which the Hon•
and Learned Gentleman had dealt, it appeared he

charged him with a connection with three newspapers.
Oae of these Newspapers was entitled the Edinhurgh
Correspondent ; and on that subject all he had to say
was, that the statement he had made was entirely
new to him ; and although he had occasionally seen
that Paper in his house, he solemnly declared that he
had not been connected with that Paper—(Hear,
hear, hear). He wished to be understood as wishing
for the appointment of a Committee could it be done
without implying censure upon him. Indeed, were
it not for that, there was no species of inquiry he did
not court—(Near). The next Paper he was said to
be connected with was the ,Sentinel. He confessed
he was surprised to hear his name in connection with
that Paper. He bad never read it, nor supported it
in any shape, or had any connection with it--(Hear,
bear). He received a letter from Mr. Borthwick in
November, 1819, in which he stated his desire to
establish a Newspaper on constitutional and loyal
Irinciples, in which the cause of good order and mo-
rality might be supported in the face of all opposi-
tion. The writer stated that he was unequal to com-
mence the undertaking upon his own means, and
without the certainty of support, and that if he could
ire assured of the countenance of the Officers of his
Majesty's Government in the country it would give
sunicieot publicity to the Paper to make it succe_ss-
ful. His answer to that letter was, that however de-
sirable such a publication might be, he knew that it
Iva. not the practice of his Ivizjesty's Government to
give their support to a Paper, by the Government
udvertisemeats, solely on account of the principles of ,
it being in conformance with their own—(Hear,hear).
This answer he scot on Nov. 5, 1819, and from that
time he had heard no more about that paper. He
applied to other quarters and succeeded ; but be had
uniformly refused to give any assistance to him, even
by ordering the paper. It was certainly true that in
November, ICiIAI that inilividualoarne to him with a