The Statesman.
London, England, 1822-06-26 00:00:00

TRT STATESM A N

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t rye .1 ve put odes, be thought he should abandon lii" ehe Oesdemee wise bed supported the Paper, in *Dower to
d my by shrinking to bring the veldt seder the we& a latter from the Waiter. requesting *tether cabbed.
dal whin of the House. He should state nothing to the The Gentleman said the Paper had been much injure Iby
. Hoses without due consideration ; bat as it was noes- the injudicious and improper attacks It bed made npor
sary far him to comment on the different facts, as be pro- individuals. This was the character of the Paper giver
needed, 1-0 trusted that any expression he might utter it hymn who had been, and appeared to wish to be, on.
not altogether warranted by the facts themselves, would of its supporters. The house were too well acjusiuted
not be attributed to any improper feeling. He would with the melancholy result of the support which had
hjinself be the first to retract such an expression. His been given to it by the Learned Lord; tbe death of Sir
motion was in some measure connected with the late Alexander Boswell, and the deplorable affliction of his
trial of Mr. James Stuart, but he should rely as little as widow and children. Copies of this recommendation of
possible on the proceedings respecting that triaLthough the Lord Advocate were sent round to many ',cretins
be thought there bad been in the count of them much cossetted with the Government or likely to entertain
harsh and unnecessary delay. After explaining the de- the political opinions supported by the paper. Secret.),
lay which bad taken place in his owe motion, and which was enjoined, and each person was expressly directed
be stated to have been occasioned by the proceedings to return the letter sant to him. Above NO of these bad
against Bortliwick at Edinburgh, the Honourable been distributed, and only two of them were not return-
and Learned Member proceeded to state that he ed in conformity with the injunction of the letter. One
should first bring under the notice of the House of these two was addressed to as highly respectable
the powers, which were by law entrusted to the Lord Nobleman. who. it seemed, did not think it worth his
Advocate of Scotland, in virtue of his office. He while to return the letter; and the other was addressed
should then stare the facts with which the Learned to an equally respectable (Justinian, who, from carelen
Lord and his Colleagues were connected, and the trans. habits, had neglected to return it. All this time it was
actions is which they had been engaged with regard to to be observed that a Mr. Haydon. the Sheriff Depute
the Press of Scotland; particularly noticing the oppres- of Lanark, a Member of the lepl profession. was the plo-
sion, which he contended bad been exercised In the case cipal writer in the paper; and by virtue of his office, he, of
of Borthwick. Upon these be should not ask the house course, had judicial power in the County. He ehetlenged
to come to any definitive opinion at present: He thought the Leareed Lord to deny, that he knew this fact at the dme
he should make out a case which would irresistably call he signed the recommendation.—(Loud chiers from the
fora Com:nitwit of Inquiry, and not until the hoses Opposition Beaches.)—This Mr. Hayden, therefore, le
should be in possession of the Report of that Committee, his judicial character, might not improbably have bad
would be ask them to come to any ultimate decision to decide upon proceedings brought against the Paper.
whatever. First, then, addressing himself to the pew- for the very articles written by himself. Would the
ere entrusted to the Lord Advocate—ln his person were Learned Lord, he repeated. deny that he knew the fad
contained the powers of the ancient. Privy Council of of Mr. aikidos being the principal word' its this Paper
Sauteed; powers which. before theVaioa, were exer• In November, 1820?—[The Lord Advocate here, as we,
eised by the Lord Justice li I, the Lord Chief Justice understood, for we did not distinctly hear him, denied
Clerk, and other high officers These powers were that he knew it 71—At ell events Mr. Hayden knew that
claimed for the office of Lord Advocate in the year 1804, the Lord Advocate bad signed it.-(Cheers front the Op
bf a Learned Lord who then held the office, but who positioa.)—This Mr. Haydon bad allowed limselfte be
was now thi Lord President. These were extensive not the author of the most scandalous libels lis diet paper,
to say dangerous, powers, and he did not mean to say in the writing of which he was enoouraged by the sir
that the Lammed Lord would ever attempt to exercise nature of the Learned Lord. He new came to the ow
them. One of them included the power of superseding ties of a paper more generally known by the public.
the criminal jurisdiction of the country. and bringing lie meant the Beseoi, the history of which paper was
the accused to trial before the Council as a special Court. shortly this. la 1821, a Resolution at Edinburgh
There was scarcely any great act of outrage or injustice bad been framed, professing to establish a new paper
noticed Id the history of Scotland which was not refer- to be called the " &wear and every endeavour
able to the exercise of those powers. However, the was made to obtain signature* Seiko Besolstion ; and
Learned Lord was in practice the public prosecutor. He a number was obtained, greater, be believed, than that
could bring a man to trial without the previous sanction ever obtained for the establlsbarot of apetpie in that
of a Grand Jury ; and though his power was partially re- part of the country. As malty es 616 sisal were ob-
sttained by an Act of Parliament of the year 1761, or- tained ; a number, which be was sadd led. could be at-
daini ng that he should bring the accused to trial within 60 tributed only to the active interference of the Learned
days, he bad the power of postponement, by various de- Lord. It was proposed to open a banking account, to
lays, to the extent of 140 dayr, the whole of which time meet the expose** which would aroesearily be incurred
be could retain a man in custody without bringing hiss in the workingof the Paper; and the boast of Sir W.
to trial, although that man might afterwards prove to Forbes and Co. was applied to for that purpose. That
be innocent of the offence charged against him. It was house, however, decliaed opening the account without
tree that a private individual might cosmoses public a guarantee to answer any loss which Wight be sustained
prosecutions ; bat this right was shackled by so many by answering the demands of the Paper; and me this
remnants, that it was seldom er ever pat in force. The occasion, a bead, or guarantee was entered into. signed
private prosecutor was liable to pay all @apts.:es if he by several persons, whose names he had In his bands;
failed, and for them he could be compelled to give seta- but be should only mention the mamas of those who held
rift/. He could be compelled to swear that be believed official situations. First, there was the Learned Lord. then
, in the truth of the accusation; and, above all, be could the Solicitor-General, who alto held the judicial
not prosecute at all, maws he could sbew that he bad situation of Advocate and Sherif Depute for the enmity
sustained a personal injury from the offence. This was of Portia, Mr. Hope. an Advocate Depute; Sir Walter
an outline of the powers placed in the hands of the Lord Scats s Depute;MstwW Mr. Home Drummond, a Mein-
Advocate. The Lord Advocate and Solicitor-Omen' bar if tbat Illealkaad the Lord Provost of Edinbarck.
were of coarse appointed by the Crown; and *stonier He wield, be be able to show that these Oen-
bad the privilege of appointing Advocates Deputy to domes bed made propleters of the Beacon.
represent him on the several circuits. and to exercise The of ibis paper was, fa eabetaaos, that those
Buoy of his powers; and he might here inform the who it wished to omtatemmee
bitelzer and
the house that his motion related to the conduct of the Its prieelples. bat to disclaim all il which
bombeesse
Lord Advocate, the Solicitor-Oeneral, sad two of the they adrabded; eo that If the rest ortbspaper fell
Advocates Deputy. The house and all Nokia; see short ellbe lure, the ea bound
Inlaid agree with him in saying, that is properties to to pay a coetribution. woe, therefore, a
the magnitude of these should be the vigilance of the cadent bested sweat for die 'esta-ente of coarse
bosom nod the public in wide; glair ezer._ it gives, it: the bops that the essay
_eat have
esis
should be observed too, that in some lasi $h *fee ,!w Pre anintlefts though . dm jtedlictistyot ex•
of Lord Advocate was a judicial office aso that if there :putt to receive. The paper, la fut. was her set
• ever was a case in which great temper, forbear- up by this bead, and by withdrawing their names, the
&ace, and judicial dignity of conduct tto be united snimcribers might at any time have pet an end to the
In the same person—it was is him who lied the office Raper. So mach for the matter of pecuniary account.
of Lord Advocate. Above all. they had a right to ex- The next armed*, was. bow was this paper condacted ?
poet that he would never interfere in any matter which He would is this case also not ask the house to take his
be might reasonably think would come before him in his °pleb's. He would give them better authority. One of
judicial capacity. 14 for instance, he observed the din- the Gentle Ben who had signed the Bond, disapproving
semisation of labels, seditious, or blasphemous, or tend-, very much of the way la which the paper was conducted,
Ing to any breach of the peace, and especially to that wrote a note of remonstrance to the Editor; and this not
which might end Is murder, it became his duty to Inter- being attended to, be withdrew his mane; and never
fere to punish the offender, or to prevent the mischief. afterwards suffered the Paper to be brought into his
Unfortunately, however. his (Mr. A.'s) charge against bean. He (Mr. A.) might select many of the libels
the Learned Lord, was of a crime of commission, and issued in this paper; but be .should not go through
not of omission. He charged the Learned Lord with them. Some of from were in 'siltation of the ancient
having send his patronage, his money. and the sanction Scottish songs, and might eel be Intelligible to the
of his high office, to the encouragement and main- English Members. They might, however, very safely
trance of a regnlar system of calumny, in the shape of be characterised as grsee, widger.ead such as could never
libels on individuals ; a crime rendered the more grave he written by any poison who bad a right to call him-
and serious when It was remembered that the Learned self a Gentleman. These libels emend the publishers of
Lord was also a co-exisdag Secretary of State for the the piper to be paresedby some of the individuals who
Home Department, inasmuch as he was the regular were libelled; sad led to an inquiry as to who were the
official communicant with the Home Secretary upon all promoters and sepporeen of the paper. The moment
matters respecting the internal government of Scotland. the Learned Lord and dm ethers were discovered, it was
lie should here inform the house, that since the Union. found that the purer meld net exist. It scarcely sur-
Scotland having lost its Parliament, the principal at- rived the discovery of its supporters—(A laugh.)—On
traction in its capital was the Bar, which could boast of this di' , however, a correspondence was opened
having among its members men of first rate talent and between the Lord and some of the Gentlemen
education, and of the highest
.possible character, and who bad bees libelled in the pa and op the answers
those, of course, possessed considerable influence in the of the Learned Lewd to the applications made to him on
country. The number was from 150 to 200 ; and it was this sabjeccisentod a part of his defence, it became im-
to be observed that the Lord Advocate had the patron- portant to madder it. And here he admitted at once,
age of 80 places, to be distributed among members of that if the detests set up by the Learaed Lord was oaf-
the Bar. l'he home, therefore, were able to judge of ficient in either a legal or moral point of view. there
the good or the 11l which might be worked accordingly would be so foundation for the modes, which he (Mr.
as this patronage was well or ill directed. He should A.) should/ submit to the 6°sec—ft should wariest the
proceed to inform the house that in the year 1820 there attention of the house to the letter of Leanne Lord,
was a parr in Scotland of very limited circulation, in answer to the application from Mr.jamee 'Mart.—
called the Clydesdale Journal, which was afterwards no. The Learned Lord said, that be bad sever any intention
moved to tilasgow, under the name of the Glasgow Sea- to give countenance to the circulation
.of libels, still less
tine!. it was set on foot by several gentlemen in the to that of libels on individuals. That al lie support hebad
neighbourhood, bat it was nearly expiring when the gives to the Beeves newspaper reteremiluakety to the
Lord Advocate add other gentlemen gave their support political principles of the paper. The Learned LOW
in a circular letter, recommending the paper, and it was true, professed to disapprove of attacks upon pd.
stating their wish to promote its circulation, with a rate character; but let the 'lease only look at the she-
view to counteract the effect of many publications racter of the Sentinel newspaper. which bad been
which were were distributed through the country, and ad- viously countenanced by the Noble Lord.—(Clicers from
dressed particularly for bad purposes to the seder- the Opposition.)—Let them look at the principles of that
standings of the lower classes. The paper was signed paper since it had received the support of the Learned
by the Learned Lord on or about the 20th of November, Lord. Unless the Learned Lord could skew that be bad
1820; and it therefore became a natural question, what taken steps to prevent the Defeats continuing its libel-
was the spirit in which this paper was condacted pre- lou course, he must be considered asa supporter of it.
'hies to that day I Were its principles correct, and was The Loused Lord must be judged as other men would
it judiciously conducted, so as to *moot the appro. be judged; and it appeared that the paper in question
bation of the Learned Lord; if. indeed, under any cir- had owed its existence and its death to the Learned Lord-
cumstances, he ought to harp lent his support to any The Learned Lord. is his letter to r. Stuart, continued
publication of a political tendency.—(Hear, hear.)—He —he bad he said no share whatever in the conduct of
(Mr. A.) had seen extracts from previous numbers of the paper, bathe thought that his withdrawing his name
this paper; and he declared that they contained libels while proceedings were pending against it would have
against individuals as gross as could possibly be the appearance of a desire on his part to shelter himself
imagined. They imputed motives of h , die- from pecuniary consequences. He also said that he had
loyalty, and treachery, to many respectable individuals; not seen the articles complained of until his attention
and, among them, to Members of that House respecting bad been drawn to them. Now he (Mr. A.) could prove
their conduct in Parliament. 'I his .vas particularly re- that the numbers of the Beaton were regularly sent to
markable. upon an occasion wit, rein the majority of the Learned Lord; and though be of coarse could not
the House had agreed with the proposition of the prove that the Leaned Lord had read them. he sup-
Member who was the principal object of attack. He posed the presumption was, that a person who ordered
meant his Noble Friend the Member for Leaark (Lord a newspaper to be forwarded to him. nod that paper.
A. Hamilton.) The conduct imputed to those respect- His case, however, did not stop here. The other night
able individuals was such, that, if true, it diemtalified he (the Learned Lord opposed a bill of an Hon. Friend
then from keeping the company of Gentlemen. lie would of his (Mr. Kennedy) respecting the judicature of Scot-
not, however, ask the House to take his opinion us to land. When he went home he happened to turn over
Vie character of these extracts. He would give them the files of the Beacon newspaper, and there he observed
much better authority. He had a letter written by one of in one of the numbers an article beaded " Mr. Ken-

sedy's Bill." which contained all die.arguments urged
by the Noble Lord the other night against the Bill; at-
enussot for argument and illustration for illustration.—
(A laugh.)—The article might really have been cut out,
and sent to a newspaper as a faithful report of the
Learned Lord's speech. He mentioned this as a very
singular coincidence, just to sbew that there was every
appearance of the Learned Lord being familiar to tie
paper. However, the Learned Lord afterwards, notwith.
standing what he had said of disdaining a wish to shrink
from pecuniary consequences, did Ritually afterwards
withdraw his name, and gave ass reason for doing so,
that as action had been, "r was about to be commenced
against him as a proprietor. If the subscribers to the
bond in question were legally liable, as proprietors,
they must be considered as responsible for every thing
which appeared in the paper. If the Learned Lord him-
self were to prosecute the proprietor of a newspaper for
a seditious libel contained in the paper. he could sot ad-
mit it to be answer to the charge that the proprietor was
ignorant of the insertion of the libel. This position had
been established in the case of Captain Johnson, who in
the year IP2 was brought before the Court of Justici-
ary for a contempt of that Court, committed in refire
tions upon proceedings. Captain Johnson proved
that be wee not the author of the libel; but being the
proprietor of the paper, he was held responsible for the
contents of it, aml punished. In the present case
the Learned Lord was distinctly charged as a proprietor.
How could the Learned Lord proceed criminally against
other proprietors fur libels if be were not b.mself
held responsible in the present instance? When
the Learned Lord pleaded against Mr. Stuart on
a late occasioas could he possibly forget that his
interference had ib a great measure been the cause
of the cruel necessity which bad driven Mr. Stuart
to vindicate his hoooor. The article la the Beacon
referring to Mr. Stuart, was a libel trading di-
rectly to a breach of the peace. In other articles it was
stated, that there would be no concealment, tad that the
writers were willing to come forward and avow them-
selves; and therefore while the papercontianed, it had
e right to call itself a gentlemanly paper."—(Cheers
and laughter.)—When Mr. Stuart brought actions
against the publishers of the paper, he was assailed by
fresh libels, and accused of the most glaring cowardice;
the written defence to these actions, signed by Mr. Mac-
neil and the other Advocate for the defenders, stated that
these articles did not go beyond the bounds of news-
paper discussion.—(Hear, hear from the Opposition.)—
He was, however, happy to say, that this defence had not
yet come before :he Court. When It did, belied nodoubt
it would be overruled. He had yet that to state, with re-
spect to which the conduct of the Learned Lord Adv.&
cats had been. to use the mildest term, the most objec-
tionable that had ever been imputed to the holder
of a situation like that which he tilled. He particularly
called upon the House to give their attention to a plain
statement of the case. Ili would submit it to them
without observation and doing so he felt confident that
it would come house to their feelings with a degree of
force which the most splendid eloquence would labour
in veto to supply. The case was tinted Mr. W. Mur-
ray Borthwick, Mr. Borthwick bad been ht. part pro-
pnetor and editor of a newspaper. is which character he
had at first been honoured with the countenance of the
Learned Lord. Mr. Borthwick had some concerns with
Mr. Alexander, who was for some time his partner.—
In 1821 they carried on between diem the Seatiael df
Glasgow. On the 14th of November, in that year, dlr.l
Bortbwick and Mr. Alexander agreed to dissolve their
partnership. The conditions on which Mr. Borthwick
was to give up his share to Mr. Alexander were these:
that he should receive twenty pounds in money and
ninety pounds in bills. which' were to be delivered by
the Bth of December. Mr. Alexander paid 'wady pounds,
and gave one bill to a small amount, which, -however,
was good for nothing. Mr. Alexander not having COCO•
pliedwith the terms of the agreement which bag beefs
made, Mr. Bortbwick finding he could sot gal. the
sonsileration fee ethieth be had .te
his interest in the paper, on the 18th of in-
stituted certain proceeding.' before the Magistrates of
Glasgow, the object of which was to these Mr. Alex-
ander to carry the contract into execedits. or to rein-
state biro (Mr. Borthwick) is that property which be
had proposed to relimptieb. On the very day on which
Mr. Borthwick gave notice to Mr. Alexander that he
was about to proceed in the way which he (Mr. Aber-
cromby) had mentioned. on that day, and sot before,
did Mr. Alexander take steps to advertise the dissolation
of their partnership, Mr. !forthwith took the course
which he had stated. and which la effect said to Mr.
Alexander either perform your agreement, or let ate
be reinstated in my property. To abridge as much as
possible, he would pass over the intermediate proceed.
togs and go at once to the decision of the Magistrates on
the appeal made to them by Mr. Borthwick. Oa the
14th February, the Magistrates ?rammed this deci-
sion. that the Defendant, Mr. Alexander. should deliver
the Bills with the securities which he had engaged to
furnish to Mr. Borthwick within six days.or Mr. Borth-
wick, availing himself of the other alternative, was to
be reinstated as a partner in the concern. The six days
expired on the 20th February. Mr. Alexander had
not fulfilled the terms of his agreement. and Mr.
Borthwick therefore felt himself is a situation to
re-enter and take possession of that propeety. which,
by a competent jurisdiction, bad been deckled to be
his. He applied to the Magistrates for a warrant
to enter upon the premises. The warrant was granted.
Mr. Alexander know of this on the 20th Feb. but Mr.
Borthwick delayed acting on this till the let of March.
On that day he re-entered on his own premises. There
he remained for seven hours. Mr. Alexander offered no
opposition but by signs of ill humour and marks of dis-
respect. Bat Mr. Borthwick carried of one key.a
some papers, whisk as a joint proprietor he had a rid
ght
to do, and manacles to the woekatea that he would re-
turn at an early boar to resume the direction of the con-
cern. When Mr. Bortbwick acted thee, if be bad no
right to do so, why did not Mr. Alexander at once take
the course which he afterwards took. Mr. Borthwick
was as guilty of theft when he acted the part which he
had described on theist of March. as hewn on the ilth.
but at the former period it never occurred to Mr. Alex-
ander to prefer such a charge. On the 2d of March,
Mr. Alexander got Mr. Borthwick imprisoned for debt
in the Jail of Glasgow. Then he remained till the 10th,
when he was released, and on the 11th be resumed the
management of his office, acting on the warrant which
he bad obtained from the Magistrates, to enable him to
do so, Mr. Alexander. finding his scheme had failed,
opposed Mr. Borthwick on his Mare. Mr. Borthwick,
however, acted as before. carrying off such papers from
the premises as he thought proper. Now. after acting
thus, he (Mr. Abercromby) entreated the house to mark
what was the first step taken by Mr. Bortbwick. His
first step was to proclaim the theft (if each it were)
which he bad committed. by applying to the Magistrates
to record what he had dose. stating to them.** 1 have
done so and so. and would have done more had not Mr.
Alexander and others intermitted me, in consequence el
which I now call on you to interfere." But is the course
of that day &mother remarkable step was taken. He
knew sot by whose advice Mr. Alexander had acted, but
on that day it occurred to him that it would be advise-
able to accuse Mr. Borthwick of stealing that which had
been decided to be his own property. Such a charge
mast be preferred by the Procerater Fiscal oa his owe
responsibility, or by the party complalaing with the
CODCUMNICO of the reocarator Fiscal. Now what was
the course taken by' Mr. Alexander? In the first place
the prosecution was topresested to be instituted by the
Procurator Fiscal &one. What did the Procurator do