Blackwood's Magazine/Volume 2/Issue 12/Scottish Chronicle

MONTHLY REGISTER.

SCOTTISH CHRONICLE.


As a mark of the increasing prosperity of this part of the country, we publish with much pleasure the following statement, dated Glasgow, January 29.—The toll-dues of the Forth and Clyde navigation, which in 1816 amounted to £31,795:12:1, amounted in 1817 to £38,657:3:10.

Union Canal.—We understand the Union Canal Company entered into a contract last week for executing the first ten miles of the Canal westward from Gilmour Street, Edinburgh, for a sum considerably below the estimate of the Company's Engineer.

A very remarkable accident took place on the afternoon of Tuesday, during the high winds:—As two young lads of Alloa were walking on a very dangerous part on the top of the tower of Clackmannan, the height of which is about ninety feet, a sudden gust of wind came, which suddenly precipitated them down the fore-wall. They must have been both killed, had not a cart-load of hay been passing at the time, which most opportunely received the aeronauts, who were more afraid than hurt. The sudden surprise of the driver of the cart may be easier imagined than expressed, not knowing from whence they came.

On Friday last, St Paul's Chapel, York Place, was opened for the purpose of being consecrated. The ceremony was performed by the Right Rev. Bishop Sandford, assisted by the Rev. A. Alison, and R. Morehead, ministers of the chapel. The service was solemn and impressive, and the singing excellent. A numerous and genteel congregation attended. This chapel is one of the most elegant places of public worship in the city, and does much credit to Mr Elliot, the architect.

Sacred Music.—The first Grand Concert for the present year, given by the Institution for the encouragement of Sacred Music, took place on Friday evening, in the George Street Assembly Rooms. The room was crowded with a brilliant and fashionable audience; and the performance went off with much spirit and effect. The selection of music was extremely judicious. It consisted chiefly of two of the finest chorusses of Handel, and the first part of Haydn's Creation, intermixed with some instrumental pieces and psalm tunes. The improvement of the chorus singers is remarkable. It is really astonishing to hear so many boys and young men, who, but a short time since, were ignorant of the very rudiments of music, singing with precision and effect the great chorusses of Handel and Haydn, and moving, with firm and unembarrassed steps, through the labyrinths of harmony and contrivance which those great masters delight to construct. Still, however, much remains to be done, in the acquirement of sweetness and purity of intonation. They are still too much impressed with the common error, that a great and powerful combined effect of sound cannot be produced unless each singer contributes to it all the individual strength of his voice; and thus, in the loud passages, by overstraining their voices, they render the general volume of sound harsh and unharmonious, instead of being rich and powerful. We have heard, that there is an intention of training female voices to sing the treble parts, a measure which would have the best effects.

3. Melancholy Circumstance.—On Thursday morning last, the body of a man was found thrown out by the tide, at a place called Redkirk Point, on the border of England. The corpse was soon identified, and proved to be that of an aged fisherman of the name of Walter Scott, who, for half a century and upwards, had supplied the neighbouring market with the treasures of that romantic frith, in which he at last unhappily perished. The close resemblance between the habits of fishermen and sailors, and the eagerness with which most men, even for amusement, seek to rival the skill of the former, are circumstances that lend a dash of interest to an occupation otherwise sufficiently humble; and, taken altogether, there was something about the habits, and years, and character of the deceased, that seemed to mark him out as a fit subject for the engaging pencil of his illustrious and immortal namesake. Intimately acquainted with the rapid currents of the Solway, it is supposed that he at last fell a victim to his temerity, and, while examining his nets in the morning, was surrounded by the tide and swept into the ocean, without even a spectator to record his fate.

Col. Cameron of Lochiel, Sir Evan Cameron of Fassifern, and Colonel M'Lean of Ardgower, have generously given their numerous tenantry a deduction of 20 per cent. on their rents. We hope the conduct of these gentlemen will be imitated.

A house in the parish of Loth, Sutherlandshire, was thrown down by the violence of the wind on Tuesday week, while the inmates were in bed; an old woman and man were killed; a child in the same bed was found alive next morning, a beam supporting the roof immediately above him.

On Saturday last, a marriage party passing Loch Ruthven, with bagpipes playing and guns firing, so terrified a parcel of horses feeding near, that four of them ran in upon the ice about 100 yards—three of them sunk, and the fourth was saved with some difficulty.

The Madderty Curling Society held their annual general meeting in their hall, Craig Moor, on the 2d inst. After the business of the meeting was discussed, the members partook of an excellent dinner; and the cloth being removed, many loyal and patriotic toasts were drank. The glass and song having had their respective rounds, the meeting broke up at a late hour, highly gratified with the harmony and conviviality of the evening, for which the meetings of this society have been so uniformly distinguished.

It happened by a singular coincidence, that on Wednesday last, being the day on which the Regalia was discovered, the First Division of the Court of Session, after eighteen years litigation, unanimously and finally declared the ancient, extensive, and formerly Royal Forest of Cowie, in the shire of Kincardine, a part of the estate of the Earls Mareschal, hereditary keepers of the Royal Honours of Scotland, to belong in property to the representative of that noble house, Alexander Keith, Esq. of Dunnottar, subject only to the rights of servitude acquired by conterminous heritors.

7.—Burgh Reform.—On Friday, the 30th ult. a meeting of the burgesses and inhabitants of Dysart was held in the Townhall of that burgh, when several resolutions, strongly condemning the self-electing system, and pledging the citizens to use every practicable means for effecting its abolition, were unanimously agreed to. We are informed, that a memorial was also ordered to be presented to the magistrates and council, inclosing the resolutions of the meeting, and soliciting their co-operation; and the known character of some of those gentlemen, and the liberality and independence they have frequently displayed, lead us to hope they will experience much pleasure in aiding any attempt to restore their just rights to their fellow-citizens.

On Monday se'ennight, the Incorporation of Hammermen of this city voted £50 out of their funds, in aid of the measures which may be taken by the public bodies to obtain an alteration in the set of the burgh.

On Tuesday last, the Incorporation of Hammermen, Masons, and Barbers, of Glasgow, met in the Trades' Hall there, and passed temperate but decided resolutions in favour of a new set of the burgh.

Convention of Royal Burghs.—We should but ill discharge our duty to the public, if we did not thus early direct their attention to this subject. It is unnecessary for us to dwell on the importance of the topics which must unavoidably be agitated in the Convention this year; and our readers cannot but know what a mighty accession would be gained, if a majority in that body were to become its supporters. The supporters of the established order of things are aware of this, and are already on the alert. Every means will assuredly be made use of to obtain a majority, and it will require the utmost efforts to defeat their exertions. Such efforts will, we trust, be made. We trust that every burgh will do its duty on this occasion. They ought, above all, to be extremely cautious of prematurely engaging their votes. The meeting of the Convention this year will not be a matter of mere routine, wound up with a good dinner. Its discussions must embrace subjects intimately affecting the best interests of a very great proportion of the inhabitants of Scotland. No feelings of a local nature should be suffered to interfere in the choice of a delegate. This is not a time for stupid compliments of that kind. The inherent rights of the burgesses of Scotland are at stake; and none but men of approved character, and of the most independent principles, should be selected to discharge this important trust.—Edinburgh Weekly Journal.

A subscription is now raising, in shares of £25, for building an elegant Coffee-Room and Hotel in Waterloo Place, to cost £20,000.

The late Marquis of Abercorn Was the head of the house of Hamilton, being descended from Lord Claud Hamilton, third son of the first Duke of Chattelherault; the present Duke of Hamilton being descended from the house of Douglas, and became Duke in right of Anne, Duchess of Hamilton, in her own right, daughter of James, first Duke of Hamilton, and Earl of Cambridge, K.G. The first title was granted to his issue, male and female, and on their failure, to heirs general, by reason of their near affinity to the throne, which, on the death of the late Duke of Hamilton, caused an inquiry to be instituted as to heirs general, and it was discovered that an Act of Parliament had passed to unite the Dukedoms of Hamilton and Brandon in the male line, as long as it continued, otherwise the Hamilton title would have been vested in the female, and the Brandon in the male. The French Dukedom of Chattelherault decidedly descends to the female, the patent being granted to heirs general.—London Paper.

10.—On the evening of the 7th instant, a battle or fight took place on board his Majesty's frigate Ister, lying at present in Leith Roads, between John Simpsen and James Cunningham, two of the seamen; in the course of which, after fighting for a considerable time, Cunningham fell, and died instantaneously. He was a fine looking young man, about 22 years of age, very tall and able-bodied. Simpson is a little man, upwards of 40. They had formerly lived together on the best terms, but were intoxicated at the time. Simpson was a good deal more so than the deceased. Simpson was afterwards brought on shore, and a precognition regarding the whole affair was taken before the Magistrates of Leith. The body of the deceased was also brought on shore, and inspected by three medical gentlemen; and in consequence of their reporting, that, after the most minute inspection of the body, they had not discovered any appearance of external violence, or internal disorganization; and that in their opinion, his death had not been occasioned by any blow or stroke he had received. Simpson has been liberated from prison, after receiving a solemn admonition from the Magistrates.

Edinburgh, Feb. 11.—On Saturday morning, some fishermen discovered the body of a man in the sea, above Newhaven.

Regent's Bridge.—The erection of the new buildings projecting twelve feet into Shakspeare Square, has been stopped. No person can look at the junction of the Regent's bridge, Shakspeare Square, and Leith Street, without being convinced that a projection to any extent is altogether out of the question. It is our opinion indeed, and, what is of much more consequence, we believe it to be that of some of the most eminent architects in Edinburgh, that it would be proper, instead of projecting the buildings on the north side of the Bridge, to set them twelve or fifteen feet back. If the new buildings be raised on the same line with the old houses in Shakspeare Square, it will be impossible for the drivers of carriages coming westward along the Bridge, and up Leith Street, to be at all sensible of each other's approach; and in such crowded streets, there must consequently be the greatest risk, or rather absolute certainty, of accidents frequently occurring. But if the buildings on the north side of the Bridge were kept back to the extent of twelve or fifteen feet, drivers could observe one another, and would be able to pull up before any mischief had happened.

11.—The public will be much gratified to hear, that the Right Hon. the Earl of Buchan is immediately to repair the chain-bridge over the river Tweed, at Dryburgh Abbey, broke down by the late tempest. We understand this accident was entirely occasioned by the chains not being completed, and attached for preventing the lateral motion, and that being accelerated by the tremendous gale, and the peculiar local situation of the bridge acting without any check, was the sole cause of the accident.

12.—Convention of Royal Burghs.—The ensuing meeting of the Convention of Royal Burghs, to which we alluded in our last Number, will, we find, be of still greater importance than we had imagined. Our readers will perceive, from the annexed opinion given to the burgesses of Dundee, by some of the most eminent of our Scottish Lawyers, viz. Messrs Cranstoun, Thomson, Cockburn, and Ivory, that it is the decided opinion of these gentlemen, that the burgesses should apply for an alteration in the set of the burgh to the Convention, and not to the Privy Council or the Parliament. They state, that any application to the Privy Council, except where the burgh is disfranchised, is altogether incompetent; and unquestionably they had a good right to say that it was not very likely Parliament would pass a particular statute for the single case of Dundee.

Opinion for the Burgesses of Dundee.—"The burgh not being disfranchised, we are of opinion that any application to the Privy Council is altogether incompetent. Neither would we recommend a petition to Parliament; because, as a separate measure, we do not think it likely that a statute would be obtained for the particular case of Dundee. We would advise an application to the Convention of Burghs, as being, all circumstances considered, the only competent source from which redress can at present be obtained. We do this, however, on the supposition that all parties interested concur; because, without this, the Convention has no power to interfere.

As to the extent of change to be applied for, the set last alluded to in the Memorial,[1] as being that which adheres most closely to the form of the existing constitution, and which introduces no new class of persons among ng the bodies represented, seems the most likely to be obtained. At the same time, if all parties are agreed, we think the Convention has power to sanction a wider departure from the present set. Perhaps the best way for the memorialists to proceed, is to submit to the Convention generally, not only the set recommended above, but likewise those proposed by Mr Mudie and Mr Henderson, leaving it to the members of Convention to decide what extent of change they may themselves be inclined to grant.

"Geo. Cranstoun, H. Cockburn, Tho. Thomson, James Ivory.

"Edinburgh, Feb. 3, 1818."


We are informed, that some respectable citizens of Edinburgh have raised an action in the Court of Session, in which they have called the Officers of State as defenders, for the purpose of ascertaining whether it is within the prerogatives of the Crown to change and alter the sets and constitutions of the Royal Burghs in Scotland, without the intervention of Parliament. It will be seen that this important question of law is one which has no connexion with the general question as to the expediency of any changes in the present sets of the burghs. Whatever may be the sentiments entertained upon that point, it is certainly highly desirable, if such changes are necessary, that they should be made by the Legislature, and should not depend on the will or bounty of the Crown, which, under a different state of political feeling, might recall at one time what it had granted at another.

A meeting of the Burgesses of Wigton was held on Thursday, which had under consideration what steps should be taken for procuring an alteration in the present mode of electing the Magistrates and Town Council of that burgh.

There are many Societies of the utmost consequence, and highest character, in the country, which have their meetings at Edinburgh, without any fixed or appropriate places for assembling; for example, the Highland Highland Society, the Antiquarian, the Horticultural, and many others. It has been suggested, that the area immediately to the east of the Waterloo Tavern and Hotel, on the Regent's Bridge, which, from the state of the subscription, is now fixed to go forward, and ending on that side the line of buildings, would be a most desirable situation for a great hall, which could answer the purposes of each; while every Society might secure ample accommodation for Committee Rooms, Museums, and what else may be desired, with separate entrances if required. These, so near such an establishment as is proposed for the Waterloo Tavern, would derive value from each other; and as an housekeeper and one set of servants could manage the whole, much saving to the parties would accrue.

The situation proposed for these buildings must now be the resort of strangers; and the museums which belong to each, and are rapidly increasing, would be an additional attraction, if brought to one point—affording also to the individual members much comfort, and certainly adding to the consequence of Institutions already most respectable. The public have now the prospect of soon seeing the Astronomical Observatory completed on the Calton Hill, according to a splendid design by Mr William Playfair; this might afford an additional reason for an eager desire to see all the Philosophical Institutions centering upon the Regent's Bridge.

Although the proposal for building, by a Joint Stock Company, a Hotel, Tavern, and Coffee-Room, at Waterloo Place, Regent's Bridge, has been before the public but a few days, a sum above £15,000 has already been subscribed, which holds out the prospect of the books being immediately closed. The buildings are understood to comprise every accommodation which the most splendid edifice of the kind in England presents. The tavern, which will be separate from the hotel, will have two rooms of at least eighty feet by forty, and, altogether, will certainly be the first in the country.

In the House of Commons, Lord A. Hamilton rose to make his promised motion for an inquiry into the mode of electing Magistrates, and the system of keeping accounts in Scottish Burghs. He had no intention of connecting this question with that of Parliamentary Reform, and his motion would simply be for a copy of the act or warrant by which the Magistrates of the Burgh of Montrose had been appointed to their office. There was one fact which deserved particular attention, and called for a speedy remedy. It was this—that the burgesses have no voice in the choice of the magistrates, and no control over their administration, yet are liable to be assessed in taxes to any amount. There were two particular decisions on the subject, and Lord Kaimes regretted that the Scottish Courts could grant no redress. A similar case, he believed, had been brought before the Court of Session in 1800. With respect to the self-elected magistrates, it was now pretty generally admitted that those elections were contrary to all reason, sense, and justice. To such an extent, indeed, was this practice carried, that in many burghs the magistrates were self-elected, if they pleased, in perpetuity. He could name some burghs where no change was ever made; he could mention others where the persons in office were not bound to resign, and did not in fact resign. (Hear!) In discussing this question, he wished to produce a positive good to his country; and, in his conscience, he believed there was no possible mode in which he could be of more benefit. The case of the burgh of Montrose was by no means singular; but he grounded his motion on what had recently occurred in that part of the country. In the course of last year, the burgh of Montrose, in consequence of not having elected their magistrates on a certain day, were deprived of the power of election. They applied to the Lord Advocate to grant them a poll election; but instead of this some changes were made on the part of the crown. Now the ground upon which he asked for a copy of the act and warrant on that occasion was, that what was then done was not legally done. He had taken some pains to ascertain the opinions of gentlemen of great eminence at the bar, and he had not been able to satisfy himself that that act was warranted by law. He was desirous of hearing the opinion of the Lord Advocate on this subject, with the view of calling the attention of the House to it, in its more extensive bearings, after Easter. For his own part, he could see no principle upon which, if the Crown could give a better or more extensive set, they might not give a smaller and a worse set. He wished it to be clearly understood, that he was not questioning the power of granting the original rights to the burgh, but merely whether the Crown had authority to alter them. The Learned Lord would say whether the constitution of the burghs was to be settled by the King in Council, or by the acts of the convention of burghs. He would repeat, that the case of the burgh of Montrose was not singular: Aberdeen and other burghs were in the same situation. In fact, many of the burghs in Scotland were so overwhelmed with debt as to have little or no funds to defray their ordinary expenses; they were reduced to so low a state as to excite great apprehensions and alarms in the inhabitants for the property which they had at stake. His object was, as he had before stated, to carry the point for the benefit of the burghs, and not to excite any personal or party hostilities. He should content himself now with moving, that a copy of the act, and warrant of his Majesty in Council, dated September 1817, authorising the guild-brethren and magistrates of the burgh of Montrose to elect a town council and magistrates of the same, be laid upon the table of that House. (Hear.)

Lord Castlereagh said, he felt great pleasure in admitting that the Noble Lord had discussed this subject with the utmost candour; but, at the same time, he must observe, that although the Noble Lord had disclaimed all intention of having it considered as a motion for a reform in parliament, it certainly led to that object. It must be obvious to the House, that if the motion were granted, it must necessarily bring into discussion the state of the representation in Scotland. There might be defects in the administrative jurisdiction of the magistrates, as he dared to say there were in all institutions; but, looking at the royal boroughs in Scotland, he would venture to declare, that he did not know where the national character and decorum were more truly and strictly preserved. The Noble Lord, however, had put a question as to the legality of what had been done. In reply to that question he would say, that he felt great objection to granting the motion upon this express ground,—that if any doubt exists as to the legality of the change in the borough of Montrose, the inhabitants may go into a court of law, to ascertain the right of the magistracy to act under the new charter. In granting this charter, the Crown had acted with a view to relieve, and not to injure, the rights of the inhabitants; and he did not now understand that any complaint was preferred on their part. This question, however, might be brought before the House as interfering with the right of returning a representative, and, in that case, would come before a committee under the Grenville Act. If this motion were granted, it would go far to give countenance to the question of parliamentary reform, a question which the House ought not to entertain, without ascertaining what was specifically proposed to be done. Upon this ground, then, he considered it his duty to dissent from the motion.

Mr Abercromby said, the subject brought forward by the Noble Lord had no connexion with that of parliamentary reform. The state of the Scottish boroughs, however, was such as, in the opinion of those who were most competent to form an opinion on the subject, called imperiously for inquiry. He could not indeed see any connexion between such an inquiry and the subject of parliamentary reform, excepting in as far as any regulations respecting those who had a right to vote in the election of a member of parliament was connected with that subject. It was said, that it was only when the rights of the borough were suspended that the Crown interfered to re-animate them. But in the case alluded to it went farther—it altered the set altogether. If this was wrong, it was an usurpation on the part of the Crown; and though, in the present instance, it might have been exercised beneficially, yet it went to establish a precedent, which, in the hands of bad ministers, might be made use of to justify the worst encroachments. He thought no subject more suitable for parliamentary inquiry.

After some farther discussion, in which the Lord Advocate of Scotland, Sir James Macintosh, Mr J. P. Grant, and Sir R. Ferguson, took a part, the question was put, and negatived without a division.


Buonaparte's military carriage, which arrived in our city yesterday, has excited more interest as an exhibition in Edinburgh, than any thing for a number of years. The manner in which the four horses were driven through the city by the French coachman, who lost his right arm when the carriage was captured at Waterloo, prove the excellent manner in which they were broke, and their present state of discipline. Mr Bullock, in whose hands this splendid trophy of victory was placed by Government, is said to have already cleared £26,000 by the exhibition of it.

Jury Court.—On Tuesday came on before the Jury Court, the case in which John Johnston, residing at Stobo-Hill, and William Proudfoot of Hatton, near Lockerby, were the pursuers; and Alexander Pennycook, son of John Pennycook of Soiliary, and James Owler, cattle-dealer at Pritfield, county of Perth, were defenders.

This action arose out of a breach of bargain alleged to have taken place at the Falkirk Tryst, in September 1816. As stated by the opening Counsel, the pursuers were persons of great respectability in Dumfriesshire, and were in the habit of attending all the great cattle fairs in Scotland, and purchasing for the English markets. In September 1816, they were present at the Falkirk Tryst, and agreed to purchase forty stots or steers, from the defender, Pennycook, which were accordingly tarred with their mark, and delivered to their servants, Pennycook being present all the time. Subsequent to this, however, a person of the name of Owler seems also to have taken a fancy to the same drove: and although he saw the tarmark of Johnston and Proudfoot upon the cattle, and was informed by a person present that they were already disposed of, yet he immediately went to Pennycook, and made him, as it appeared from one of the witnesses, a higher offer for the cattle. Pennycook was accordingly prevailed upon to enter into another bargain with Owler, and after concluding it, immediately left the market, without having any further communication with the pursuers. Owler then made his appearance with a number of men and dogs, and forcibly took the cattle from the servants of the pursuers, notwithstanding the resistance which they made, and the repeated tenders of the price made by the pursuers and their friends. He equally refused to accede to the proposal made by Johnstone and Proudfoot, that the cattle should be put up in a field for the night, until the dispute should be settled next morning. In short, he appeared to have been, as the counsel for the pursuers represented, a modern Rob Roy, perfectly conversant with the practice of his Highland ancestor.

The facts of the case were distinctly proved by the witnesses for the pursuers; and the Jury, after hearing the evidence summed up in a most able manner by the Lord Chief Commissioner, in whose opinion Lord Gillies entirely coincided, found a verdict for the pursuers, and that the defenders were jointly and severally liable in £20 damages, with full costs.

There have been from fourteen to eighteen bee hives destroyed at Langloan and its neighbourhood, and their honey combs taken away, by some persons who appear to be acquainted with bees. The methods they take are—some hives they remove to a small distance, and cut out the combs containing honey, and leave the hive and the useless combs. At other places they cut the hive about five or six inches from the top, where all the honey is contained, and thus take it away, and cover up the hive again, so that it is not discerned that any thing is wrong unless narrowly inspected. Indeed it is thought that some of them have been mutilated some days before the trick was discovered. The profit on account of so much trouble to the destroyer is only trifling, while the loss to the proprietor is considerable. They were all stolen in the course of the last moon light.

Mr Ballantine of Ayton Court, Glasgow, has invented a lever, which gives a retrograde motion to machinery; and it is so constructed, that by its action on wheels it doubles its powers; it could be applied to machinery of any description; to steamboats, and not occupy one half of the room of the present machinery, and to working ship pumps. A forcing pump is added to a model which he has constructed, and which, with much greater effect, will supply the place of fire engines, and, being of a simpler construction, can be wrought at less expense, and easier kept in order.

North Bridge Buildings.—At a Meeting of the Committee of the inhabitants of Edinburgh, regarding the buildings on the west side of the North Bridge, held within the Royal Exchange Coffee-House, on Thursday the 12th February 1818, Sir James Fergusson, baronet, in the chair; Mr Stuart reported, that, agreebly to the directions of the last meeting of the Committee, held on the 4th inst. he had on that day transmitted to the Lord Provost a letter, of which we can only give the following abstract:—"That their object, from the beginning, had been the reduction of the height of the buildings on the west side of the North Bridge, with the least possible sacrifice to all parties concerned, and not to adhere pertinaciously to what they conceived to be their rights, if their waving them could contribute to prevent the permanent injury to the city. That they had been ready to incur some degree of responsibility to their constituents, that they might be able to prove to them, and to the public, that their measures had been pursued with that regard to moderation which their constituents had recommended to them. That it was now Mr Stuart's duty to inform his lordship of the resolutions of the committee, and he trusted he would find them to be dictated by the same spirit of conciliation which had hitherto marked their conduct. They were willing to withdraw all legal proceedings, on condition that the Town Council and the feuars should agree that there should be only a building not higher than fifteen feet above the causeway of the bridge, with a flat roof; that the southmost tenement, only lately begun, and the most objectionable of the whole, should not be erected and that the building to remain the south front of the presently erected, southmost building, and building to be erected with a proper sweep or turn on the east side of Mackay's hotel, should be finished agreeably to a plan to be settled, with a due regard to the interest of the public and of the builders, by the Lord President, the Lord Justice Clerk, Sir William Rae, bart., Henry Mackenzie, Esq., one member of the Town Council, to be named by them, and one member of the committee, to be named by the committee. In case this arrangement should be adopted, it would fall on them to be responsible that the suspenders should withdraw the suits. They were happy to find, by Mr Claud Russell's report to the Court of Session, dated 12th November last, and which was now in their hands, that the Town were possessed of a sum amounting to between £9000 and £12,000, applicable solely to the improvement of North Bridge Street. This sum, and the amount of the feu-duty, which they formerly understood the Town was willing to abate, would, they had no doubt, go far to indemnify the town for the claims of the feuars on them, supposing this agreement to be gone into."

This letter, of which we have given the purport above, Mr Stuart said, had remained unanswered until the evening of the 10th instant, when he received a letter in the following terms from Messrs M'Ritchie and Murray, agents for the Town, enclosing a minute of the feuars and sub-feuars referred to in it, in which they offer to reduce the houses one story; and to leave it to the Lord President, Lord Justice Clerk, and Lord Chief Commissioner, to determine whether a reduction to the top story, or if one story only, be most expedient.

Messrs M'Ritchie and Murray's letter declares, "that unless the committee and the other gentlemen for whom they act, are willing to undertake the burden of indemnifying the feuars and sub-feuars, with the aid of such definite sacrifice as the city might be warranted to make, the Lord Provost takes it for granted that the suspension must proceed, and that the question will be brought to trial before the Lord Ordinary without any unnecessary delay. The balance in the hands of the trustees for building the South Bridge, is appropriated to various works to be executed by the Magistrates of Edinburgh. Looking forward to that balance, the Magistrates have laid out a very large sum in carrying the acts into execution, and after giving credit for the balance arising out of this fund, a very considerable sum will still remain due to the city."

The Meeting regret to find, that the communication from the agents of the town seems to leave them no alternative but to proceed with the discussion of the legal question. The Meeting regret the determination adopted by the Lord Provost, the more, because the chief obstacle which was previously understood to exist has now been removed, as the Committee cannot doubt, from the terms of the resolutions of the feuars and sub-feuars, that all questions with them, supposing the Town willing to provide for their indemnification, would at one meeting be removed, either by a compromise or by arbitration. The Committee would have been well pleased that the Lord Provost had adopted the suggestion of the feuars and sub-feuars to have an immediate meeting of all parties concerned, with a view to forward an amicable adjustment, which the Committee and the feuars and sub-feuars even yet join in being most anxious to effect.

The Committee find, by a communication received from the sub-feuars, during the meeting, that they are willing to refer the amount of their indemnification to the Lord President, Lord Justice Clerk, and Lord Chief Commissioner; and that the sub-feuars have requested the Lord Provost to inform them what sacrifice the Town asks from them, and have acquainted his Lordship, that they will immediately take his communication on that subject into serious consideration, and with no wish of throwing unreasonable obstacles in the way. The Committee trust, in these circumstances, that the Lord Provost and Town Council will reconsider the determination communicated in the letter from the Agents for the Town to Mr Stuart.

Mr Stuart stated, that he felt it to be his duty to apply to Mr Claud Russell for precise information on the subject of the balance remaining of the South Bridge funds, and he laid before the Meeting a letter from himself to Mr Russell, of yesterday's date, with that gentleman's answer, from which it appears, that those funds amounted, at Whitsunday 1817, to £12,087, 7s. Id. of which the Town is possessed of £11,381, 9s. 5d.—£9781, 9s. 5d. being due by promissory notes of the Chamberlain of the city of Edinburgh.

Mr Stuart farther stated, that, from information communicated to him by the subfeuars and respectable builders, it appears that the above balance, with the value of the feu-duty for the North Bridge buildings, will far more than discharge all the claims of the feuars and sub-feuars, supposing them entitled to full indemnification for taking down the houses to the height of fifteen feet above the causeway of the bridge.

At an adjourned meeting of the Committee, held on 17th February, Thomas Allan, Esq. in the chair;—Mr Stuart laid before the Meeting a very long letter, from Messrs M'Ritchie and Murray, agents for the city, to him.

These gentlemen state in that letter, that "the Lord Provost cannot enter into any reference or submission, whatever the form of it may be, and however unexceptionable the arbiters may be, which shall assume that the City may thereby become liable to indemnify the sub-feuars, and ought, upon this footing to become parties to a valuation by architects, to ascertain the amount of that indemnification."—Messrs M'Ritchie and Murray farther state, in the concluding part of the letter, that "they are desired to say, that the Lord Provost must be permitted to decline, as irregular and improper, all extra-judicial discussion, by private correspondence or otherwise, while the cause is in dependence before the proper Judges."

The Committee have received this communication with equal surprise and regret, and they cannot doubt that the Lord Provost's declaration of his determination not to agree to a reference, however respectable the arbiters may be, and to decline all extra-judicial discussion while the question is in dependence before the Supreme Court, will induce all classes of the community to come forward to furnish the Committee with the means of bringing that question, which was not commenced until the most eminent legal advice had been obtained, to the most speedy, and as they cannot doubt, to a successful termination.

  1. Copies of the different sets proposed for Dundee were laid before Counsel.