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insulted hy neglect, and had forced pre wanting here to elucidate the businels, og cipitarely into the arms of Spain. Pero which ihe House had to detera in:: for haps, it they chuse to alter the po icy on here was the message of his Majesty, cons wh ch they set out, if, remarking the taining the injury, and fair iy Itating what combination of circunstances unparallel. would be the reparation that should saed in the history of Europe, that made tisfy. Here was the Convention, the wing the Family Compa&t a dead latter, and that r paration was complete, as it was put it in their power by a seasonable originally proposed; and unless it could blow, firuck hard, to level their rivals, be shewn that the fatista&tion uid not and tecure o Brnain peace for a century, come up to the proposai, or that there. if, inft:ad of the more generous and wis ground to fufpect r iftatemen-it ne ble department which his iyftem point. they thought the money faid to be fpent cd ou:, they had chosen this grouni, and had been misapplied, or that fcme other had just fied it on the grourd of hilory gross malverfation had rccurred, he faw and example, even this might have no folid ground for calling upon Ministers had at least iis fplendid excut, if not to dilclore what never could be done its genuine glory--3ut they had all the without indelicacy, and perhaps danger. dif race of aitacking their neighbours He entered at full length into ihe articles when their house was on fire, and had of the Convention, to thew the benefits gamed nothing out of the flames. They we had obtained, both to cur fithery and had been mischievous withour ambition, jur-trade, and in particular be answered and had quarrelled for cats when they that charge of Lord Lansdowne, which might have demolished navies. Our poc imputed to Minifters a change of the paliry as to Spain, had always taught us cific system in which they let out. He that the true value to us of her American was uiterly ignorant of any one of the Colories was to be gained by a direct intrigues that the Noble Lord had a. trade with Old Spain; by which we cribed to them. An account had been made them in fact our miners and our latt Scffion presented to the House, that ba: k. They wrought for the gold and Spain had insulted the honour of the silver which we pocketed. In this view country and their Lordships had of cur policy from 1540, downwards, he unanivioutly addressed his Majesty, Bujoully dwelt on the wisdom of Sir pledging themselves to support hin Wilarn Godolplin, the ancestor of the in retrieving that honour ; ia conpreteni Duke of Leeds, who urged his fequence of this, Ministry had proceed. royal Waller to beware of all schemers, ed, and they found the cause of comwho, for their private ends, should advise plaint, to turn upon two points; the honhim against the principles of his Treaty, our of the Britim Flag, and the trade of wbich put the trade with Spain on its the country; previous to entering into true balis. li. treated with sovereign any Nogociation upon the particulars, contemp: the miserable Convention, and it was first thought requisite to have the Ilie quachery of our pretending to pre- point of honour settled; and this was ro. vent Sinuggling in the South Seas, irko Tooner cone, than the declaration, efacould not prevent it at home, and who blifuing that point, was laid before their could not even prevent the adventurer, Lordships ; from that they proceded to Mir Mearcs, froin violating our own investigate the other bufiness, and Spain couriers, who, tier failmg under false co- had, in the end, acceded to our clainn, lours; to ceiraw a friendly nation of its and promised to make good thc injurice reyenues, had claimed and obtained the our fellow subjects had luftained :-they auspices of the British flag. Ile conclu. had also made confiderable concellons
0 a Ivecch of unequivocal liofiility to as to our establishing settlements in that Miinillers, wird folemnly pledging him- part of the world, which, whatever felfio renew the difcussion of this impor- might be our claim, they had never retart subject.
cognised before :-their restrictions, with Lord Grenville made his maiden speech respect to our diftance from the coatt, as a Pier, in answer to him. He con. he thought very defensible, as it was tended, triat if any thing more than ano- principally with a view to prevent fmug. ther made the Constitution obEngland de- gling, and of which they were very jezes fiderable, it was the distinct authority lous-it was nothing more than was which it give to Government to nego- adopied with respect to some of our cizie, unhackled by the Legida:ute cwn settlements, and by no means to 10 pending the business, and refponfible on- great a distance. He would not speak dy cn iis concluir.. To one papir was of his own au:hority ; but, from the
information he had received, the dif- le observed that the cake of Thomas tance woull be no injury to our fichery, Hall, which was quoied as a precéilent As to the Fur Trade no man would wil. was not a cale in point ; for that Hall, lingly pledge himself to its advantages; though firved with a second indictment, bue, he believed, some of our best ma- was to have been tried for a different nufactories had arisen from a lels pro- fpecies of Swindling from what he had inising origin. He denied the traffic becn found guilty of, and the second to have arilen from a few idle Adventue indictment contained a set of new Ters to China-the trade having been facts. ftrongly recommended by Captain Cooke. He said, he founder his opinion on a His Lorchip combated mofi of the aryu. Mort and Gimple maxim laid down in our ments urged again!t the Addreis, and ancient law books, that no person who . concluded with hoping it would meet had once tboled an aflize Mould be liable. te concurrence of iheir Lordships. to a second trial; and this maxim car.
The House divided on the previous ried its rezfon on the face of it, the rery queflion, when it was negatived by a expr
Cd hura expression ihole, meaning more than Majority of 43, and the Address carried merely palling thro' the forun of a trial. It
imporis also the suffering the pain and
anxiety of a trial, circumftances more SCOTLAND.
dreadfulto fomne men than even death
itself. His MAJESTY's Advocate, s. The genius of our law, his LordMipy John MENZIES.
observed, was merciful: this was a max
im of mercy, and as such deserved the Menzies, an. Excife Oficer, had been
greatest regard in courts of justice, befried at Perth for murder and found
cause it is founded not only on motives guilty. But his Council urged in arreft
of humanity, but on strong reasons of jura of judgment, that one of his Jury was tice, and the principles of equity. a minor, and that consequently the ver. In our criininal law, it was another dict was null. This objection app:aring maxim, that every person coming to to the Judges on the Circuit, to be of trial, is prefumed innocent till he is proconfiderable importance, they certified ved guilty; and he has a title to every is to the High Court of Justiciary, where prefumption and prejudice in iis favour it was folemnly argued on Monday !3 Hi!l his quilt is made marifelt. But in December, and the verdict declared by the present case, the pannel will be the Court to be nuil.
brought to his second trial, not only unAfter this Interlocutor was recorded, der the imprefiion, but under the prethe Lord Advocate petitioned the Court fumption of guilt, and his fcond jury for å warsant of recommitment agiinft will not be able to divert themselves of Menzies,as he meant to try him a new for the impression made by his former conthe same crime. This waswarm!yoppolcd piction on the verdict of fourteen legal by Menzies's Council who contended and unexceptionable men. that by the Law of Scotland, no person A new trial is further inconfiftent with could be tried twice for the fame crime. the genius of our law, which requires, The Lord Advocate maintained that the that all witnesies before exrmination, pannel not having been legaliy tried, shall be locked up in a place by themcould not be considered as having been felves, than they may have no opportunitried at all. The Court granted the ty of hearing the evidence given in court the prayer of the petition, Lord Swine by any other witnels; and it has always ton alone diffenting.
been deemed a sufficient reason ter setting As this case is novel and perhaps ap- a witness aside, if he is found to have been pealable, and as it tends to establish a in court during the examination of any precedent of great importance in the other; but after he has given his own eCriminal-law of this country; we shall vidence, he is at liberty to remain in here insert the substance of the opinion court, a liberty which a very naiural cudelivered ty the diffenting Judge. . riofty generally makes him avail hina
His Lorathip began by observing, falf of. that this was a case of confiderable im- 1 is nat therefore to be doubted, that portance, as it was the first atterapt in the witnesses who were examined on the this country to bring a person who had firit trial, either werr prefent at the exbeen once acquitted to a second trial for amination of tbrir fellow witreffis, or the same ofence, upon the same facts. have been informed of the particu
Jars of their evidence; ani therefore Captain French of the 35 regimeni, when they are produced at the fecond to Miis Eitton of Edinburgh. tria), ught to be concic'ered as inhabile Andrew Borar Erq; Banker in Edinwiinoms; but if they are produced burgh, to Miss Ann Caw of Perth. anlad nited, then this pannel will be tried in a manner, at leat!, not agreea.
Deathsi ble to the established forms of pr«cecuing in this roun:ry.
Nov. 21. Aliss Helen M.Kenzie daughHis Lordibip sa'd, he could not bring ter of Sir Roderick M Kenzie Bart.. binti 10 be fuiisii witir an argument that fe med 10 weigh with font of their
24. Dr Robert H-nry, one of the MI.
teir silsis of Edi: burgh, and anthor of the Lorothips, tha: when a Derfoni bas etapa
i H or Gorat Critain. ed by a nullity in the verdict, that puiid
dira Des. Mir William Jones fhipmaster ty in the dirt inferred a nul trial; Teich anii confiquenily, that tie pannel w25: Mrs Årnes ingrati relict of Mr Arto be consacred as not having underyone chibald 'Gilchrist merchant in Edina trial at all.
buran. As to this, he faid, the case of Margina "
Sir llew Dairymple of North Berwick ret Rondlei, who was tried in 1763; forp
Dart. + an attemat io poison her filter, was in
David Robertson Efq; of George's joint. There, t:r the proci vas ciuded, Smare. one of the jurymen happening to fall in .
'Her Grace the Duchess of Athol. to a fit, the court adjourned till next
, Mrs Butchart wiie of Mr John, Donald
; day,when the trial proceedel, angine jury fon at Dron, Perththire. returned their veicis ruiltz'. But on a
Mr Alexander Manners merchant in motion for acret of judgment upon an
Edinburg!t. objuction to the vidity of the verdict,
Mrs Agnes Grahame spouse to James founded on the adjournment of the court
Campbell Erg; of Peterhill. the objection was Tuftained and the pri- Miss Helen Dunbar daughter of Sir foner disminal. The court however,
er: Alexander Dunbar of Northfield Ba
A were of opinion, that when the accident
ronet. happener which occcioner! the adjourn
Mrs Margaret Murray wife of Mr Dament, had the Lord Advocate deferred
vid Clark, Brifto. the diet, a new trial might have been
William Graham Éfq; of Mofknow. brought.
· Colonel William Mercer, of Aldie, Preferments.
At Balerno in the neighbourhood of
Currie, William Napier a labourer, · Nov, Right Hon. William Wyndham
aged 112 years. Grenville, created Baron Grenville of
Mr Walter MʻLea, of Cathkine, merWotton in the county of Bucking chant in Glasgow. ham. The Duke of Montrofe Master of the and Argyle.
Her Grace the Datches of Hamilton; Horse to his Majesty.
Mifs Rachel Hog, daoghter of Thos. His Royal Highneis the Duke of Cla- Hop Iro; of Nowlifton: rence, Rear-Admiral of the Blue.
Lieutenant Gabriel, of the 75th Regi. Birileri
ment. Mrs Leod of MOE delivered of Miss Sarah Grant, daughter of the daughter.
late Sir Francis (rint, of Cullen Bart. Mrs Carnegie or Charleton, of a daugh risor Charlann ofa danghe John Buchangan, Trg; of Carbeth.
Mr George Johnston, late Quarterfer,
The Lady of Henry Drummond jun. master of tle Royal North British Dra. Esq; M.-P. of a fon."
goors, The Lady of Major Ross of the 14th
* At Balnaçuard, Perthshire; Captain segiments of a daughter.
Charles Robertton, of the late Torf
Mrs Liilon, mother to Robert Lifton,
A BYSSINIA, fingular Cuftoms Cold, its Effects in the Winter of
270 its rebuilding,
an Intention to follow it, 269 Daniel de Foe, his life by Chalmers
fineness of the Ancient Wool crie Davillan, Sir Arthur, a Tale, 261
147 Dead Bodies, State of, in the Ceme-
218 Dick, Sir Alexander, his life,
7 Domingo St. Voyage from, to New
152 Dunferinline Abbey, View of, 245
6th Book, by Dr Beattie, 255--297
238 Erkkine, Dr, Sketches of Church
429 Etherege, Sir Geo. Letters from, to
422 Falconer, on the Prelervation of the
on board the Bounty Sloop, 43 Forts Vitrified, Account of,
51-389 Georgia, and its Inhabitants, Ac.
291 381 385 and Nobility,
346 Gondar, Trantactions at, by Bruce. 26
Gothic Superfition, on the, P. 430 Phenomena, Natural, explained, P.311
cy of Difpofition in Chikiren. 410 tional Atembly,
Reiga of Queen linne, Review of, 425 Ravenih-ugh Cafte, View of,
372 Regiller oi the Weather, 3, 74, 146,
333 Rio Janeiro, Account of,
, 255 Rouffeau, Sequel to his Confeitions,
preventing their increase, 326 Rotheram on the Sexes of Plants
60 Royal Society of Edinr, their Tran-
121 Sacontala, or the fatal Ring, an In-
7 dian Drama, Scene from, 177
to the German Society, at New with the King of, by Mr Bruce 306
275 Sweden, account of the Roads and
352 Taylor, Jofeph, an account of his re-
274 Tefta Abbe, hisLetter to M. de Lan-
273 Tiquet Madam, History of, I&I
341 Tytler, Alexander Fraser, Esq. on
364. Ulri de Hutten, Tribute to his me-
229 Vesuvius, account of, by Bishop Berke-
279 Welled Amlac, Mr Bruce's reception
153 West India Mands, their manners
3 Weitern Iands of Scotland, account