possibility of avoiding, by any means, the painful necessity of carrying this matter to an extremity ? and he asked, whether it were possible that Sir Alexander should treat the song as a bad joke on his part, and one of which he was ashamed, declaring at same time that he had no intention of reflecting on Mr Stuart's courage or character? The manner in which this proposition was received led him to understand that Mr Douglas entertained no hope that Sir Alexander would say any such thing. Witness left Mr Douglas to go to Newhaven, meaning to return to Fife, in the conviction that every thing relative to this subject was for the present finally arranged. The boat with which he was to cross was delayed, and before he embarked, was overtaken by Mr Douglas, who said, that Sir Alexander had taken the advice of a legal friend, and that he thought it no longer necessary to go to the continent, and on that advice preferred to have the meeting in Scotland. Witness objected to that, as highly inconvenient and embar rassing, and as contrary to former agreement. That many circumstances made it apparent that the future arrangements should be settled in London, and that the parties should go to the continent. That according to the advice he had given, Mr Stuart might set out for London, before he could be informed of the change of Sir Alexander's intention. Mr Douglas mentioned that the meeting might take place in Scotland. The matter formed some discussion, after which Mr Douglas returned to Edinburgh. In the course of the conversation, witness stated that he would not go back to Edinburgh, because he was persuaded that his return thither would be needless, as their meeting might excite observation. All this took place the same day, between nine and five o'clock. Mr James Brougham called on witness next morning; he said, that in consequence of Sir Alexander Boswell and Mr Stuart being bound over in the course of the night by the Sheriff of Edinburgh to keep the peace, that it had been settled that Sir Alexander Boswell and Mr Stuart should meet at Auchtertool that morning, and requesting witness to come to Mr Stuart, which he did. He went to the place of meeting, when he had some conversation on the subject, and they fixed on a piece of ground close by the road side. Mr Stuart and Sir Alexander Boswell arrived in carriages, about ten o'clock. The pis tols were produced by Mr Douglas and witness. Mr Douglas sat down, and witness stood. Mr Douglas received from witness the measure for each pistol, and

the ball, and rammed them down. There were but two pistols, of which Mr Douglas took one, and witness the other.The ground was measured by eleven long paces. The pistols were delivered to the two parties respectively by Mr Douglas and witness, and it was agreed that they should fire together by a word. Mr Douglas put upon witness to give the word, which he did, and they both fired, when Sir Alexander fell. Every possible assistance was afforded to Sir Alexander, who was aided by the medical gentlemen, and by Mr Brougham, who during these transactions remained upon a hill at a little distance, in charge of witness' horse. Mr Stuart advanced with great anxiety towards Sir Alexander, to whom, from the situation he was in, and the treatment that was necessary, did not speak, nor had he any proper opportunity to speak to him. On examination of the wound, witness was given to understand that it was serious, and therefore advised Mr Stuart to go away. All the other persons remained, to give what assistance they could to remove Sir Alex. Boswell to Balmuto House, where it was judged advisable to carry him, and in doing so no time was lost. Before any thing took place on the ground, Mr Stuart asked witness, if it was not proper that he should make a bow to Sir Alexander ? Witness thought that perfectly proper, and Mr Stuart advanced, apparently for that purpose, and when doing so, Sir Alexander was then turning from Mr Stuart, and walking in an opposite direc tion.

Witness believed that Mr Stuart had not the opportunity of bowing to Sir Alexander, as immediately after his attention was drawn away to another quarter.

Examined by Mr Jeffrey-His Lordship stated, that before going to Mr Douglas, he had compared the hand-writing of the letters and song, and was satisfied that the letter signed Ignotus, and the direction on the letter containing the song, were the same hand-writing. The size and texture of the paper were different, but the water-mark was the same; all having the post-mark of Mauchline, and the directions of all the three were in the same hand. Upon the result of his examination, he thought Mr Stuart was justifiable in calling on Sir Alexander. In the first interview, Sir Alexander declined answering; he was advised to this by Mr Douglas. There was nothing in his manner of putting the question that could have given the least offence, or caused the answer in the negative, if Sir Alexander had thought proper to do so; and he took the greatest possible pains in his power to guard against any such unfavourable im

pressions or interpretations, and repeatedly pressed the observation, that he should consider Sir Alexander's word as conclusive, and against any presumption that had been raised on his part. Witness would have advised any friend without hesitation to have apologised, had he not known the author. Does not recollect that Mr Douglas said, Sir Alexander was the author of the song. From all that he saw of Mr Stuart's manner from first to last, the impression made on him was, that there was no feeling of personal illwill or resentment against Sir Alexander, but a deep sense of the necessity of vindicating his own honour, more especially as that was assailed by a charge of cowardice. Found Mr Stuart ready to yield to every suggestion made to him. From the whole bearing of the transaction, he could have no difficulty in stating, that Mr Stuart's conduct, from first to last, was cool, composed, and temperate, and such as might be expected from a man of constancy and courage. At the time Mr Stuart got the pistol, witness desired him to present side, not front, and he said, he thought he should not take an aim, to which witness agreed. Both parties were asked, if they were ready? and then the word was given to present and fire, as quickly as could be spoken. Both fired at same time, but there was a small difference between the two. Sir Alexander was last. Cannot say, whether Sir Alexander fired at Mr Stuart or not, but observed nothing to the contrary. Had no intimation or belief that Sir Alexander Boswell did not intend to fire, and thinks, that had that been the case, such circumstances would have amounted to a declaration that Sir Alexander did not mean to fight; and had witness known it, he would not have been a party to such proceeding. Has known Mr Stuart for many years, and has frequently seen him both in public and private society. In all his acquaintance with Mr Stuart, never knew a man less quarrelsome or vindictive.

The Hon. John Douglas of Lockerby, who had acted as Sir Alexander Boswell's second, was then examined, and corroborated the testimony of the Earl of Roslyn, in every particular respecting the arrangements, the meeting of the parties at Auchtertool, and their conduct on the ground. He stated that, on their way to the field, Sir Alexander said he had injured Mr Stuart's character, and it was his intention to receive his fire, and then to discharge his pistol in the air. After the fatal event, when conveying Sir Alexander from the ground, the latter said to witness, he was sorry he had not made his fire in the

air so decided as he could have wished. Mr Douglas also stated, that from conversations he had had with Sir Alexander, he decidedly understood that he was the author of the papers complained of by Mr Stuart.

Dr George Wood deponed to his hav ing attended on the field at the request of Sir Alexander Boswell. Upon hearing the fire, Mr Liston and he ran, and found that the ball had entered the middle of the right clavicle. Two bones were extracted on the spot, the first by himself, and the second by Mr Liston. His death was occasioned by the wound. Betwixt Edinburgh and Queensferry, Sir Alexander said, that Mr Stuart could not do less than call him out. Sir Alexander, in the course of his journey, said he was determined to fire in the air. When he left the carriage, he said—“Now, Gentlemen, I beg of you to remark, that I am determined to fire in the air." No person was present but Mr Douglas and him when Sir Alexander made that observation.

Mr Liston, surgeon, corroborated the evidence of Dr Wood as to what took place on the field.

Several other witnesses were examined, who proved the fairness of the manner in which the duel was conducted, and the way in which the papers were got from Borthwick, who was imprisoned on the 1st of March, for a debt of £.50, which his agent at Hamilton discovered was not due, but which he paid under protest. Finding that an action of damages was raised against Borthwick by Mr Stuart, his agent applied to Mr Stuart, and offered to produce the libels against him if he would abandon the action, but he would make no promise to that effect.Mr Stuart accompanied Borthwick's agent to Glasgow, and had the MSS. of the Sentinel put into his hands, and was surprised to find among them some in the handwriting of Sir Alexander Boswell against him (Mr Stuart); on this discovery the meeting took place.-Several witnesses gave it as their opinion that the articles in the Sentinel were in Sir Alexander's handwriting.

A number of exculpatory witnesɛes were then examined, among whom were Mr James Gibson, W. S., Mr Thomas Allan, Mr John Clerk, advocate, who all deponed how deeply Mr Stuart was affected after the duel, and particularly on receiving accounts of Sir Alexander's death. Mr Allan stated, that he found Mr Stewart at Calais, and communicated to him the death of Sir A. Boswell; on which Mr S. burst into tears, and remained greatly agitated for some time.

Mr

Allan endeavoured to recall him, by reminding him how imperiously he had been called on to act as he did; to which Mr S. replied, "True: but remember, oh remember his poor wife and family!" Many of Mr Stewart's early friends and scquaintances, particularly Mr Hay Donaldson, W.S., Mr Frankis Walker, W.S., Mr Henry Mackenzie, W.S., Mr Walter Cook, W.S, gave him the highest character for goodness of temper, kindness of disposition, and the most honourable and upright conduct on every occasion.

The Lord Advocate then addressed the Jury, who, he said, would see the propriety of the prosecution which had taken peace. A life had been taken, and it was necessary that the cause should be investigated. The charge of murder, he said, according to law, had been proved by the Noble Lord and the Hon. Mr Douglas. This was a fact which could not be denied. His duty called on him to say that the crime of murder had been thus proved; and the next question was, what defence had been set up in behalf of the prisoner. The law knew of no other ground of exculpation, unless a justification, founded on self-defence. But there are no such circumstances as to warrant this argument in the present case. All the defence and evidence had been fully and clearly laid before them; by it they were to judge and act, and, in forming their judgment in this way, they would be enabled to give such a verdict as would be alike satisfactory to their own consciences and to the country at large.

Mr Jeffrey addressed the Jury in a luminous speech, which occupied about three hours, but of which our limits will hardly admit of even a brief abstract. He contended that, instead of considering Mr Stuart as a person guilty of a great crime, he ought rather to be viewed as one who had fallen under a great calamity. The essence of all crime lay in the motive and intention; and no act had criminal character merely from its physical description; guilt lying wholly in the intention of the agent, who must necessarily be an accountable being. After all they had heard, it could not be disputed that Mr Stuart went without one atom of malice; and that in these points the evidence was clear, full, and satisfactory. He did not mean absolutely to offer any apology for the practice in question; and yet he might perhaps be permitted to remind them, that its defects and vices came under their notice in a situation where it was not possible to consider them fairly-in a case where it had terminated unfortunately, where blood had been shed, and their sympathies had

VOL. XI.

been excited in behalf of the sufferer. The evils of duelling were thus ever foremost and uppermost in their view; but this prevents us from noticing, that however exceptionable in morality it may ap pear, in point of fact it has proved the corrective of greater immoralities. It is known by those who are versed in history, that it has superseded the practice of private assassinations; and that we are not only indebted to it for the polish which it has given to the upper society of the community, but also for that courage and intrepidity, and diffusion of fairness, and handsomeness of demeanour, which distinguish civilized nations. In Spain, Portugal, and Italy, where the practice of duelling is unknown, assassinations and poisonings daily take place; where duelling is an occasional, but a rare occurrence, such enormities are altogether unheard of. However irrational and immoral it may seem, it is a practice so established and enforced by custom, as to render it frequently inevitable; and such being the case, no individual man is responsible for the justice of the institution. Mr Jeffrey then proceeded to prove, that several books of the strictest morality and religion have sanctioned it with their authority. Boswell, Dr Johnson's biographer, states, in several conversations which he held with the Doctor, that he considered duelling as a species of self-defence, or that it might be justified on the same grounds as public war. His biographer also coincides with him in these sentiments. Another author, of equal eminence and morality, not only a professor of morals, but also a clergyman, trained in reverence of the precepts of religion, namely, the late Dr Adam Ferguson, in his Principles of Morals, comes to the same result. a late distinguished philosopher and lawyer, and a Judge, who had adorned the Court in which they were now assembled, Lord Kaimes, in his Sketches, distinctly advocates the same opinions. The Learned Counsel concluded a long argumentative speech, by dwelling emphatically on the favourable testimonials, both with respect to character and mildness of temper, which Mr Stuart had received from so numerous and respectable a body of witnesses.

And

The Lord Justice Clerk commenced his charge to the Jury at three o'clock this morning. His Lordship laid before them fully the law regarding duelling, and then called their attention to the evidence which had been adduced in this case-to the great provocation which Mr Stuart had received his moderation in the propositions he had caused to be made to Sir Alex. Boswell-his conduct on the field, and his

conduct after the fatal event-the contrition which he expressed for the fatal blow and the total absence of all vindictive feeling on his part. In every case of this kind, where murder was charged, it was most material to consider the general character of the party accused-for that entered deeply into the case. Now, in the whole course of his practice, he never had heard higher, or more distinct and discriminate praise bestowed on any character. In good taste, the evidence on this part of the case consisted of gentlemen opponents to the prisoner in politics. One gentleman had stated, that he never knew one who had more of the milk of human kindness. Another had been his acquaintance for twenty years, and during that period he never heard him utter an angry word. Mr Hay Donaldson, his late partner, a person well qualified to judge, had given a similar evidence. The learned Judge begged it to be distinctly understood, that he, and he hoped no judge would be, friendly to such measures as these, or ever give their countenance to the practice of duelling. He lamented, and the public groaned under the lamentable licentiousness of the press; he hoped it would cease; it would receive no countenance from their Lordships. The Jury would weigh all these circumstances seriously in their minds; they would give a verdict consonant to the dictates of their own consciences; and if in this case they were unable to come to a decided and clear opinion, the advantage and privilege of that doubt belonged to the gentleman at the bar.

The Jury, without leaving the box, after a few minutes' consultation, returned a unanimous verdict by their Chancellor, Sir John Hope, finding Mr Stuart Not Guilty.

The Lord Justice Clerk then turning to Mr Stuart, congratulated him on the favourable verdict of the Jury, and was sure, in the present state of Mr Stuart's feelings, that it would be quite improper for him to add a single word farther.

Mr Stuart was then congratulated by his Counsel, and a great number of his friends.

It was near five o'clock this morning when the Court broke up. A consider

able crowd occupied the Parliament Square all yesterday, which greatly increased at night, when the populace became extreme. ly noisy. When the verdict was announced at the door, much cheering followed, and the crowd rushed towards a chaise in the Lawnmarket, with the avowed purpose of taking off the horses when Mr Stuart should make his appearance, who, however, disappointed them, by withdrawing privately. The crowd, however, met him at his own house, where he earnestly entreated them not to make any noise; with this they complied, but insisted on giving three muffled cheers; and, after waving their hats, retired in silence.

JULY.

IRELAND. We regret extremely to state, that, notwithstanding all the efforts of the benevolent in Great Britain, famine is extending its ravages in Ireland. The Irish papers are filled with the most deplorable accounts from the south and west parts of the island, the recital of which shocks humanity. In the letters from some places it is stated, that all the water-cresses, and every vegetable that can be eaten, have long since disappeared, and that the inhabitants are now solely dependant on charity, the remission of which for one or two days would be fatal. Other accounts represent the peasants as dying by the road-side from starvation; and one contains the heart-rending statement, that a mother and her nine children were found dead in their cabin.The Dublin Journal of the 4th instant mentions the appalling fact, that one hundred and forty persons had died in the county of Mayo, of starvation, in the course of ten days. The benevolent in Great Britain have sent probably a hundred and fifty thousand pounds to the relief of the Irish; but the magnitude of this sum will afford little consolation, when we reflect that it is nearly all expended, that there exists a greater amount of distress now than ever, and that all which has yet been done will have only tended to protract the misery of starvation, if fresh supplies are not sent equal to the maintenance of the sufferers till the potatoe crop is ready for gathering.

I. CIVIL.

June 25.-Mr William M'Caa to be Commissary, of the Commisariat of Kirkcudbright.

II. ECCLESIASTICAL.

May 20.-Rev. Robert Clark, admitted minister of the Gaelic Chapel at Aberdeen,

June 12.-Rev. Joseph Shaw, ordained assistant and successor to the Rev. Alexander Speers, in the Presbyterian congregation of Portglenone, Ireland.

The United Associate Congregation of Balfour, gave an unanimous call to Mr David Smith, preacher, to be their minister.

June 15-Mr Leith, of Freefield, has presented the Rev. Adam Smith, preacher of the Gospel, to the parish and church of Towie, in the presbytery of Alford, vacant by the translation of the Rev. Gordon Forbes to the parish of Dyce.

17.-The Associate Congregation of Lochwinnoch, in connection with the United Secession Church, gave a most harmonious call to Mr Wilham Johnstone, preacher, to be their pastor.

III. MILITARY.

? Life G. Lieut. Marten, to be Capt. by purch.
vice Milligan, ret. 4 May 1822.
Cornet & Sub-Lieut. Bulkeley, Lieut.
by purch. vice Nicholson, ret. 19April.
Cornet & Sub-Lieut. Hort. Lieut. by
purch. vice Marten
4 May.

J. P. Macqueen, Cornet & Sub-Lieut.
by pureh. vice Bulkeley 19 April.
Ens. Smith, from h. p. 69 F. Cornet &
Sub-Licut. by purch. vice Hort

4 May. R. H. Gds. Cornet G. S. Hill, Lieut. by purch. vice Arnold, ret. 6 June.

do.

23 May.

92

Lieut. Rowley, from 7 F. Capt. by purch.

vice Loggan, ret.

15 June.

L. Kenyon, Cornet by purch. 3 Dr. G. Lieut. Hadden, Capt. by purch. vice Tiede, ret. 23 May. Cornet Willey, Lieut. by purch. do. R. W. Pierse, Cornet by purch. do. Lieut. Dexter, Capt. by purch. vice Sibthorpe, ret. 30 do. Cornet Stamer, Lieut. by purch. do. H. Fane, Cornet by purch. Cornet Slade, Lieut. by purch. Mason, 80 F.

3 Dr.

93

Rifle Br.

2 W. L.

do.

vice 23 do.

A. Treveylan, Cornet by purch. do. R. J. Murchison, Cornet by purch, vice Thornhill, ret.

do.

H. Phillipps, Cornet by purch. vice Lord

Beauchamp, prom.

30 do.

Cornet Hon. H. D. Shore, Lieut. by purch. vice Wall, 81 F.

R.

Maj. Gen. Sir H. Lowe, K. C. E. Col.

vice Sir T. Hislop, 93 F.

4 do. W. S. R. Norcott, 2d Lieut. vice Probart, dead 15 do. Maj. Sutherland, from 81 F. Lieut. Col. by purch. vice O'Hara, ret. 16 May. Lieut. Adams, from h. p. African Corps, Lieut. vice Ross, cancelled 30 do.

1 Ceyl. R. 2d Lieut. Murray, 1st Lieut. vice Pol. lington, dead

23 do. do.

2

E. Astley, Cornet by purch. Assist. Surg. Backhouse, from h. p. 15 Dr. Assist. Surg. vice Jeyes, prom. do. Assist. Surg. Quinsey, from h. p. 18 Dr. Assist. Surg. vice Backhouse cancelled 6 June. Lieut. Hilton, Adj. vice Cureton, res. Adj. do. Gent. Cadet L. Shedden, from R. Mill. Col. Cornet by purch. vice Fancourt, 91 F. 23 May. Gent. Cadet O. Phibbs, from R. Mil. Coll. Cornet by purch. vice Hervey,. 12 Dr. 30 do. Ens. Lord W. Paulet, from 85 F. Lieut. by purch. vice Stuart, 37 F. 23 do. Ens. Lord W. Thynne, from 78 F. Lieut. by purch. vice Calvert, 72 F. 6 June. Ens. Mawdesley, Lieut. by purch. vice Lord Bingham, 74 F. 13 do. Ens. Hon. R. Hare, from 69 F. Ens. do. Lieut. Hon. H. R. Molyneux, from 6 F. Lieut. vice Windle, h. p. 53 F. rec. diff. 16 May. Ens. Boates, from 79 F. Ens, vice Martin, 85 F. 2.3 do. Assist. Surg. Ingham, from h. p. 8 F. Assist. Surg. vice Browne, 3 Dr. Gds. 13 June.

1st Lieut. Fielding, Capt. by purch. vice Wynne, ret. do.

2d Lieut. Gourlay, 1st Lieut, by purch.

16 do.

13 June.

do. D. C. C. Elwes, 2d Lieut. by purch. do. Lieut. Weir, from h. p. 69 F. Lieut. & Adj. vice Gilbert, dead, 16 May. Seri. Maj. Mitchell, late of Reg. Qua. Mast.vice Gillespie, ret. full-pay 23 do. Lieut. Stuart, from 7 F. Capt. by purch. vice East, 58 F. Ens. Briggs, from 61 F. Lieut. vice Bateman, dead Lieut. Gen. Sir T. Hislop, Bt. G. C.B. from 93 F. Col. vice Gen. Morshead, dead 4 do. Gent. Cadet H. W. Harris, from R. Mil. Coll. Ens. by purch. vice Townshend, 79 F. 23 May. Capt. East, from 57 F. Capt. vice Bt. Maj. Baldwin, ret. Gent. Cadet H. W. Blachford, from R.

16 do.

R. Mylius, 2d Lieut.

13 Oct. 18221.

16 May 1822.

2d Lieut. Hay, from 2 Ceylon, R. 2d Lieut. vice Newbolt, h. p. 2 Ceylon

Reg.

30 do.

Lieut. M'Leod, from late 8 Vet. Bn. Lieut. 23 do.

Ens. Macphail, from late 10 Vet. Bn.

Ens.

do. Vet. Comp. Lieut. Terry, from late 6 Vet. Bn. Lieut. vice Ball, ret. list 30 do.

Bt. Major Gurwood, from 10 Dr. rec. diff. between Full Pay Troop and Comp. with Capt. Drummond, h. p. 1 W. I. R.

Capt. Upjohn, from 1 Life Gds. rec. diff. with Capt. Chichester, h. p. 2 W. I. R.

Meynell, from 10 Dr. rec. diff. with Capt. Burdett, h. p. 79 F.

-Grimes, from 16 Dr. rec. diff. between Full Pay Troop and Comp. with Capt. Ellis, h. p. 76 F.

-

F.

Frankland, from 2 F. with Capt. Power, 20

Harrison, from 32 F. rec. diff. with Lord S. Kerr, h. p. 5 F.

Young, from 52 F. rec. diff. with Capt. Hewett, h. p. 68 F.

Kirby, from 54 F. with Capt. Butler, h. p. 80 F.

Jones, from 89 F. with Capt. Nichols, h. p. 23 Dr.

Lieut. West, from 1 Dr. G. with Lieu McMahon, h. p. 24 Dr.

M'Mahon, from 1 Dr. G. with Lieut. Smith, 16 Dr.

Addison, from 3 Dr. G. rec. diff. with Lient. Peel, h. p. 2 Dr. G.