The Statesman.
London, England, 1823-03-27 00:00:00

when they were aggrieved, should thus be set aside? He
bad a right ttr ask why the Urown had been advised to
issue a warrant, which, had the effect of undoing a legal
decision; and he wished to ask the question, not merely
with reference to this particular case, but to ascertain
on what principles the Royal Burghs were to be govern-
ed for the time to come. 'co show the conduct of the
blieistrates of these Burghs, he would state one fact,
which was not only known to himself and to the Learned
Lord, bat which was even admitted by the Magistrates
themselves. The Magistrates of Aberdeen had been in
the habit of meeting once a year to read over the public,
aceoents, and they had had the audacity, year after year,
to state the debts of the town as amounting to 6,0001,
while their actual amount was 130,000/.—(hear, hear,)—
He mentioned this to introduce a couunentary which had
Been furnished by the Magistrates themselves, on leaving
office, after the truth had been discovered. They had
stated, from feelings of repentance lie hoped, that the
evil which he had mentioned, grew out of the system of
concealment which had been acted upon, and no body of
men could honestly administer the affairs of the Burgh
'll3 long as the present system continued. He would now
stave a fact which had occurred at Edinburgh Some
years ago a faulty election took place—a process was in-
stituted to set the election aside, as at Inverness. After
three years of litigation, an expense of four or 5,0001.
were incurred by the pastier prosecuting. A similar ex-
psnse was occurred on account of the opposite to-rties,
which the inhabitants of the Burgh had also
to pay. It had been provided that a summary
decision should be come to on each questions?
—But what was this summary proceeding ?
Why, ef.er four years of litigation an appeal was made
to the House of Lords, on a preliminary point, the prin-
cipal subject not having yet been got at. It was in the
midst of these proceedings that the ease of Aberdeen oc-
curred. The legal success of the inhabitants of that
place was punished by a Crown warrant, which reinsta-
ted those who had been ousted by a legal process. The
people of Edinburgh upon this said, '• If we succeed, we ,
soon only get a Crown warrant to restore those who way I
be turned out ;" and so, ac might be expseted, they gave
up the case in despair. A compromise was effected, and
the magistrates of FAliahurgh paid 1,1001. to the parties
to forego other proceedings. If the Magistrates had
been properly elected, by acting thus instead of bring-
ing the case to a trial, they squandered the public money.
Bat the fact was, they knew they were wrong, but
having the power of putting their magisterial hands
into the public purse, they thus disposed of the funds
' at their command. A fortnight or three weeks ago, lie
had presented a petition from two brothers, who had
' 'heed committed fOr a debt. They applied at the proper
tine for the benefit of the Act of Owe, under which, if
provision .Were not made for their aliment in prison by
their creditors, they were entitled, on the principle of
eeuio bonorum, to he released. On this occasion, they
*ere improperly called upon for two papers of mai° bo-
norm, where but one should have been demanded, and
required to pay for two stamps at 11. 7s. or U. Ws. each,
though they ought to have been charged with no stamp
at all. After this, 6/. had been demanded for fees, where
not one shilling could be legally demanded. The Ma.
gistrates said they would let them out if they paid the
61. and the price of the stamps. Now this was calling
on the parties to commit perjury, as they bad sworn they
tailed for a release because they were unable to aliment
themselves in prison. The parties were detained fur five
or six days afterwards, when they were liberated by tbe'
Judge or Lord Billies. The superior Court directed that
the expenses amounting to 321. should be paid by the
Magistrates, which had in consequence been done out of
the funds of the Burgh. lie strongly pressed on the
House the importance of looking into this subject. He
dill not call on the House to conitimn what had occurred
as illegal, but he contended that it was nnconatittitional
and oppressive, and he appealed to them, if the system '
of which he emnelained, was one under which they
ought to stiffer their fellow-countrymen to live. Wishing
to bring this settled folly wider the consideration of the
Nouse, lie moved an humble address to his Majesty,
praying that he would be graciously pleased to give di.
tenons that there should be laid • before the House a
copy of any warrant isseed by the Crown in the year
1522; authorising any person or persons to act as Magis-
trates in the Borough of I nverneesnn the room of those
recently displaced by process of law.
The LORD ADVOCATE said, that In rising to ob-
ject to the motion of the Noble Lord, he did not mean to
oppose the production of any document, which could fur-
nish lam soh information on the subject which he had
brought under discussion. The Noble Lord seemed to
t• object to time right of the Crown,to issue a warrant,but lie
t.
,(the Lord A.) maintained, that the Crown bad the right
to accede to or refuse the petition of the Magistrates for
a new election, and that the Crown, in the exercise of that
right, had used a sound and wise discretion in issuing
the warrant. The Learned Lord then adverted to the
petition of the two Youngs, and contended, that the Ma-
Ftstrates were perfectly justified by the law of Scotland,
in the course they bad adopted towards these individuals,
in support of which he read the opinion of. an eminent
Scotch barrister. The very warrant, said the Learned
Lord, the legality of which the Noble Lord now goes,
tioned, was at this moment placed before a Court of Law
in Scotland, and It would he there ascertained, whether
it was legal or not, without the necessity of making it a
subject of discussion in that House. The right of the
Privy Council to issue this warrant was not novel. The
same power was exercised by the Privy Council of Scot.
land, between the Revolution and the Union. In the ap-
plication to the Privy Council for issuing these warrants,
there nos no opposition but in two instances, that of
Perth, in 174 b, and that of Aberdeen, in 1811; in
both of which it was, however remarkable, that the
applications were acceded to, thus clearly showing,
that the right was vested in the Privy Council of
Scotland.
Lord A. HAMILTON denied .the fact.
The. LORD ADVOCATE said, • that not expeeting the
fact would be denbfd, he had not come prepared with the do-
cuments which would authenticate it, but he might appeal to
the Hon. Member for Aberdeen for the accuracy of his state-
, neut. The practice then, on the whole, did not support the
ease of the Noble Lord. The Law of Seetlaad, with some
receptions, gave the Magistrates the .privilege of eleetiog
their successors, and the King would, therefore, exercise a
wrong discretion if he deprived them of that right ; sod why
should there be a deviation from this principle La the pre-
'encase? lie did not expect to hear the case of Aber-
deen mentioned on the present occasion, because he was
given to understand thatthe facts of that case hsdbeen dis-
ported and contradicted. If any other course were adopted
thanthe practice which now prevalied, the whole town
, stolid bee state of constant commotion.
Mr. G. COMYN said he represented the Borough in
question ; aad he thought it necessary to hear testimony to
what had been Mated by the Learned Lord.
Mr. HOME maintained that the Leaned Lord was mis-
takes, sato the law and-as to the fact.--(blear, hese, and
laigbter.)-11e was Informed that the oond ict of those Ma-
gistrates was censured at the Convention of Scotch Burghs;
and therefore the Learned Lord was erroneous in his state-
ment. (Here the lion. Member read several documents,
to she* that *hat had fallen from the Learned Lord was in-
correct.)
Mr. GORDON defended the Mogistrated elTAberdeen
from the charges mode-against them, and doctored Witt they
Ind brought *boot a state of iniprovemourand.proeperity in
that town.
Mt:Secretory PEEL moneelyed• it highly improper to
throm.out.impatationa.againat Mapiatreterk .whoseeeeduct
cooltbnot .be connected with the qupstiondokatediately be-
fore the/louse..
Mr. FORRESidefended .the conduct of the Marivrales.
lie wished the Noble Lord and . the lion. *alba

, or,
ithc.
MAI