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

1

when he saw this? He altered the document, so tS.t
it should appear the proceeding was instituted by Mr.
Alexander, with bis concurrence. He did more
than these: feeling from what be observed that
it was probable all was Out right, he wrote on it " coo.
marred with" only. and signed it. It was teen that the
first person to whom the pa...et was shame was so struck
with the course which I.ri heen pursued, that he was
anxious to avert the idea that it rested on his respoasi.
bility. Mr. Borth wick was taken before the Magistrates
of Ulasgow, sad they, the only impartial Judges before
whom the carp had been brought, or ever would be
brought, decided that there was no foundation whatever
for the charge. Mr. Biotite irk then west to Edinburib,
whore he • be able to prove, if permitted to du so,
that he had lived without c.mcealment. Ile must flew
leave Mr. Borthwick fur a time, to advert to the conduct
pursued by othersoirith whom it had become an object of
importance to obtain the contrail' of certain papers. A
proceeding had beau commenced fur that purpose. Mr.
Stuart had been examined on this subject before tbeShe.
riff. Every effort 'sac 111111611 g to obtain tlicse paws
when the duel between Mr. Stnart and Sir A. Boswelr
opened a new course of things to the paries. lie
particularlr to call the attention ot the house to the
fact that every part of the proceeding before the Sheriff
of Edinburgh passed under the observation of 3lr.
MsNeil, who acted as Counsel ior Mr..llesender' who
was well aware of what had taken place before the Ma-
gistrates of (Bascule. and aware that they had acquitted
Mr. Borthwick of all participation in the crime basic!'
bad been laid to his charge. The else was one in which
from the beginning to end nothing hod occurred to
change the colour of the transaction which it involved,
and there was therefore no possibitity,setting ap the plea
of being misled. On the of April klr.Borthwick
was arrested under the pretext that he was shout to fly
front justice and make his escape to America. Now it
such were the intention of a person in his situation,
it did not immediately suggest keen' to the skid
why be should be found on the eastern part of Scot-
land. Mr. Borthwick was arrested on the 34 of
April, and immediately pot in irons.—Olear, hear.)—
He was manacled with irons which were is., small ter
him. and which in consequence subjected him to much
suffering and inconvenience. This was not all. Ile
was carried from the plans where the arrest was made,
to &Ashore', between two armed persons, as though
he had been the most odious and desperate crius'aal is
osistence. He was denied all access to his friends, and,
in other respects, treated with mach severity. This
was the course pursued towards a man accused merely
of stealing his owls property—in whose favour the Ma-
distrates bad already decided, and whom no man had
ared to bring to trial. He was treated as this worst of
malefactors. He applied for levee to pot in bail bat was
refused. On the 6th of April he was indicted, and the
24th was named for the trial. On that day the Learned
Lord came into Coed, bet the public prosecutor did set
think fit to bring on the trial. Every effort was 01140
by the Counsel for Mr. Borthatick to provoke the oppo-
site party to proceed without delay. Mr. Hope on ibis
occasion said, pre loco d tempers. he deserted the diet,
that was, be declared of his owe free will and ;demure
be would not then go en with the trial. Mr. Hope.
however, in his mercy had said, " If you choose to go
out on small hail I shall not object to it." He (Mr.
Abercrowelsy) on this subject, seed oily state what had
been the answer of Mr. Borthrwicit's Corsage!, and be
begged that it might always be remembered that the
ease was one between the Law Astborities of Scotlanti,
end a man accused of stealiv his own property. The
reply of Mr. Cockboro, Mr. Botbwick's Counsel. to Mr.
Hope. wan—" f cannot advise my client to take the be-
nefit of this offer." (And why could not the Learned
°intimate so advise Mr. liorthwick ?) " because if be
takes the bowie of it, he must loseunder the Act of 1701,
all chance of ever getting rid of this charge." He coult
only get rid slit by being tried sodne the preaept which
had been hosed. and Mr. Bortinekb therefore aside= 1
't of no mercy Nem yes—.l can may avail my-
' of tbet 'MA is neared to me *oiler an Act of Par.
litmus." Ile remained in prison till forty days boil
passed. Oa the day when that period expired, She.
Borthwick applied to the Court of Justiciary, and
claimed to be discharged under tho Act of 1701. He
said he had a right to be liberated usder that Act. So
said the Judges, but then a new charge was preferred by
Mr. Alexander, with the concurrence of the Noble Lord.
which was in fact the same which the Magistrates of
Glasgow had in the outset declared to be grosailleu.—
The Learned Lord world tell him that be had ao option
in this matter. and was bound to cosistr, when a charge
was preferred. This bed bees called in question by Afr.
Hume, who had contended, in particular cases, the Lord
Advocate might refuse to costar, aid reserve his reason.
for doing so, till called on to state them before the Court
of Justiciary. in which Court, the party complaining of
such non.conurrence, might ask a remedy. Here was a
case, in which after an iedividaal bad been confined for
forty days, a charge knows to be groundless was pre-
ferred, and the party detained for a crime of which he
could not by possibility have been guilty. The charge
had been dismissed by the Glasgow Magistrates when
originally preferred, and with a knowledge of this the
Noble Lord had suffered it to extend the confinement of
Mr. Borthwick. Owed God! slider such circumstances
was it for the Leaned Lord tosountessace • charge which

it weed**, the pram who made it could only prefer it
in a spirit of the must diabolical penocation.—(Hear.)—
Was it to be endured that the Lord Advocate shield be
all powerful in Scotland for every purpose bat that of
standing between an individual and injustice and op-
pression I—(Hear D—ln such a cue he (31r. Abrrcrom-
by) must agree with Mr. Hume, that the Lord Advocate
ought to have withheld his concurrence, and havesliewa
his reasons for doing so before the Court of Justiciary.
That which he bad described, it was to be remembered
had taken place in a country where there was tio brand
Jury—where all was done on the responsibility of the
Learned Lord, who was only responsible to that house.
N. mow asked the Learned Lord, if he thawed Mr.
Borthwick innocent, why he did not discharge him
if be thought bins guilty, why suffer Mr. Alexander to
interfere? This was the case of Mr. Borthwiek, with
Me exception of one very singular fact, which was this,
that immediately after the trial of Mr. Stuart, Mr. Borth-
wick had been released. IVithin 48 boors after Mr.
Stuart', acquittal, without being brought face to Mee
with the Learned Lord, without any sort of trial, this
aalortaaata man had been liberated, after enduring a
coafieement of seventy day's duration.—(Hear, hear.)—
In 1820, Mr. Borthwick was patronised by the Learned
Lord, who had written to him, " I shall be happy if l
can be instrumental in getting the Uovernment adrer-
vertisements for you." This the Learned Lord knew to
be so. In int, this Learned Lord had written in praise
of his paper. But when Ale. Borthwirk became alum-
stroment to expose those who were engaged in libelling
his Learned Friend, then he was imprisoned, put in
irons, and treated like the worst of malefactors. Be
Pot it to the house, if it were not clear that the proceed-
ings which had tales place with respect to Mr. Borth-
wick, were not intended to prejudice Mr. Stuart on his
trial. Mr. Stuart had been examined on the subject of
them, which had indeed formed a part of the indict-
ment. That part of it, however, the Lord Justice Clerk
had said, was not only not proved, but was actually the'
proved. He complained of the course taken on the late
trial, in which a Learned Counsel sprang up at the elms
4f the examination of each witness to desire that all
might be sent out of court, because he intended to co-
mine them on the ensuing Monday. This bad bees Tr
pealed after each examination, et the Leonia 1414
was hardly out of Scotland before the iatliTiallals nig